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Full text of "The Revised Statutes of Nova Scotia: Fourth Series"

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L^CiJuK, A Lc\ 




s.^ 



6 







X Ow . Can 

Nov. 5- 3o 
1S73 



THE 



Revised Statutes 



NOVA SCOTIA. 



FOURTH SERIBB. 



FKEPABED BY 

ALOKZO /. WHITE. 
HENRY C. D. TWINING. 
JAMES W. JOHNSTON. 

GOHMIHIOKEiB FCi REVISIHfi AND COHSOLIDATIIIQ THE STATUTES OF THE PNVIHCI. 




UBAHGED, PSEFAUD lOR TIE PSG8S, AND INDBXBI) BI 
HBNBT 0. D. TWDTOIO. 
LA WHENCE G. POWER. 



SAUFAX, y. S.: 
ItZS AimAND, PoBLMireE.' 
# U7S. 



• • •• 




< ■ 



v.... ■ ■ 







VN ACT TO PROVIDE FOR THE PUBLICATION OF 
THE CONSOLIDATED STATU1"ES. 

(PuHd Iht aaita day or April, A.D., ISIS.) 

Be it enncted by the Governor, Council and Assembly, as 
follows : 

1. Tlie Governor in Council ahall cause the General Acts 
passed during the present Session to be arranged unijer appro- 
priate Titles and Chapters, with the following words pre6xed, that 
is to say : 

" An Act for Revising and Consolidating the General Statutes 
of Nova Scotia. Be it enacted by the Governor, Council and 
Assembly, aa follows : " 

And the same shall be published in consolidated form, with 
> k copious index, as soon as the same can be conveniently done ; 
md whea the same shall be so published, the Governor shall, by 
Klamation, declare the Acta so oonsolidated to be in force ; and 
much thereof, as shall not be then in operation, 

I thereupon and thereafter become and be in force. 
Chapters of such Consolidated Statutes may be brought 

a earlier operation by being published in the Royal Gazette by 
of the Governor in Council ; and Chapters so published 

II take effect from such publication, or from the time otherwise 
1 in any proclamation of the Governor, respecting the 

J into operation of the same. 

Acts passed during the present Session to which the assent 

B Governor has been or shall be given separately, shall come 

a from the time when by Law, or by the provisions 

L Acts, the same are appointed to come in force ; but 

I such of said Acts as are of u general character, shall 

among and incorporated with the Consolidated 



IV CONSOLIDATED LAWS. 

4. All Acts in force on the first day of the present Session, 
which shall not since have expired, or have been repealed by 
some such separate Act, as mentioned in the third section, or by 
some Chapter published in advance, as mentioned in the second 
section, shall continue in force, subject to any amendments, which 
may have been made thereto by any such separate Act or Chapter 
published in advance, until the publication of the Consolidated 
Statutes by proclamation as aforesaid ; and the Acts so continued 
in force, shsdl upon and after the publication of the Consolidated 
Statutes, be repealed and cease to have any force or effect except 
the Acts hereinafter named, and as respects such Acts as shall not 
be substantially incorporated in the Consolidated Statutes, and 
which shall not have been repealed or have expired. 

5. Such Chapters of the Statutes as relate to matters over 
which the exclusive authority of the Parliament of Canada ex- 
tends under Section 91, of the British North America Act, 1867, 
and which have not been specifically repealed since the passage of 
such Act, shall be published with such Consolidated Statutes in 
the form of an appendix thereto. 

6. The following Acts are continued in force, notwithstanding 
and after the publication of the Revised Statutes ; that is to say. 

Chapter 28, of the Acts 1863, entitled, " An Act to regulate 
the Election of Members to serve in the General Assembly," 
together with the Acts in amendment thereof. 

So much of Chapter 70, of the Eevised Statutes (third series), 
" Of Provincial Government Eailroads," as appUes to companies 
incorporated to construct railroads in this Province, and is not 
inconsistent with the Charters of such Companies, and is neces- 
sary to carry out the provisions thereof. 

7. All such other Chapters of the Revised Statutes (third 
series) and all such other Acts, which shall not have been re- 
pealed or have expired, and which shall not be substantially 
incorporated in the Consolidated Statutes when the same shall be 
so published, shall also be continued in force, notwithstanding 
and after the publication of such Consolidated Statutes. 

8. All rights accruing or accrued imder any of the Statutes 
so repealed, are reserved ; and all penalties incurred thereunder, 
shall be enforced, as if such Statutes had not been repealed. 

9. Nothing herein contained shall affect^ or inelude local, or 
private Acts. 



ANALYSIS 

or THE 

SEVERAL PARTS, TITLES AND CHAPTERS, 



THE REVISED STATUTES. 



FOURTH SERIES. 



Cra^tkb 1. Or THX 



PBELIMINAKT TITLE. 

PBOUCLaATION ABD OOKBTBDOTI05 Or 



. PARTI. 

OF TOE GOVEENMENT AND ITS ADMINISTRATION, AND THE SOCIAL 
ECONOMY OF THE PROVINCE. 

TITLE L 

. Cbapteb 2. Of legislative councillors T 

■■ftpAFTXB 3. Of executive and leg^latire disabilities...^ 7 

4. Of the du!-n,tion of, and representation in the Gen- 
eral Assembly 9 

5. Of the prevention of corrupt practices at eledaons 9 

6. Of controverted elections '. 13 

7. Of racating seats. 18 

TITLE n. 
or rBoymciAL p&on^Tt'm beoui^tiok iss manaokhimt. 

COUTKB 8. Of the casual and territorial revenue 19 

CiurrxB 9. Of mines and iDinerale 21 

Cbutxh 10. Of the regiiU^o of mines 69 

ill. Of tlic cro«Ti lands 84 

I ISt, Of trespasses to crown property 92 

l-lfc Of the public woonis.....: 96 



Tl 



ANALYSIS-. 



TITLE III. 



PAGE. 



OF PEOVTNCIAL OFFICEES. 

Chaptee 14. Of certain public officers, their salaries and duties 97 

TITLE IV. 

OF- COUNTIES, DI8TEICTS AND TOWNSHIPS, AND THEIE OFFICEES. 

Chaptee 16. Of the boundaries of counties, districts and town- 
ships loa 

Chaptee 16. Of custos and clerk of the peace 101 

Chaptee 17. Of sheriffs lO:^ 

Chaptee 18. Of prothonotaries anfl clerks of the crown J 06 

Chaptee 19. Of coroners 10() 

Chaptee 20. Of general and special sessions 108 

Chaptee 21. Of county assessment 110 

Chaptee 22. Of jaiJs and other county buildings 1 30 

Chaptee 23. Of townships, certain county and township officers 131 

C^Jhaptee 24. Of fences, fence viewers, and impounding of cattle J *S(> 



TITLE V. 

OF THE 8UPP0ET OF PITBLIC W0E8HIP. 

r 

Chaptee 26. Of the Church of England 13i> 

Chaptee 26 . Of religious congregations and societies 141 

Chaptee 27. Of assessments for repairs of meeting houses 147 

TITLE VL 

OF THE PUBLIC "HEALTH. 

Chaptee 88. Of practitioners in medicine and surgery 1 4JS 

Chaptee 29. Of boards of health and infectious diseases 157 

Chaptee 30. Of nuisances 169 

Chaptbb31. Of rabid animals 162 

TITLE VII. 

OF EDUCATIOir. 

Chaptee 32. Of public instruction 163 

TITLE Vm. 

OF THE POOS. 

Chaptee 33. Of the settlement and support of the poor 189 

Chaptee34. Of pooHdistricts 197 

Ck£PTMS S5, Of the maintenance of bastard children 198 



Tfi 



TITLE IX. 

or LUSATioa. 
t'HUTZK 36. Of lunaticB, and of the cnstody and estates of 

lunaties 206 

TITLE X 

Of AOKICCMCBI. 

L'HATTKB 37. Of the encouragement of agriculture 221 

duFTK^SS. Of agricultural and land corporationa 226 

CaiPTBB 39. Of fcrmere'clube 228 

(.'h&ptek 40. Of commisaioners of sewers, and of dyked and 

marshlands 230 

L'haptzb 41. Of commons 239 

CoAPTEB 42. Of common fields .■ 240 

TITLE XI. 

OF OIOHWAYB, BSLDOBB, PUBLIC LANDIiroa, FKSBI18 AND BAILBOASB. 

.Chapteb 43. Of the laying out and management of certun greak 

roads 242 

L'BAmB 44. Of laying out roads otl^r than certain great roads 246 

Uhapteb 4o. Of the expenditure of moneys on roads 249 

Ckaftek 46. Of highway labor 263 

CHAfTEB47. Of the preservation of roads 25ft 

Chaiteb4S. Of dosing roads 260 

k -^^xPTEB 49. Of commissioners of streets 261 

^^Clurr£K 50. Of bridges and public landings 269 

Of ferries 270' 

s 52. Of certain provisions respecting railroads 271 

TITLE Xn. 

Ot OOKFOSATIOHB. 

t 53. Of genera] provisions respecting corporations 273 

e£4. Of certain Joint stock companies 279 

Of incorporated mreties for officers .284 

Of library Msooiationrand institutea 285 

TITLE TCHT 

B 67- Of mmiicipiili1i«B 288 

TITLE XIV. 

MUNTOIPIJ. iSB LOCAL BXOULATIon. 

p. uO£ trustees of pnblie properiiy 318 



Tlii ANALYSIS. 

PAGE* 

Ghapteb 69* Of supervisors of public grouuds 319 

Chajptsb 60. Of subscriptions to public works 323 

Ghapteb 61. Of public markets 324 

Chaptee 62. Of fires and firewards 326 

Ghapteb 63. Of the discharge of firearms and fireworks 331 

Ghapteb 64. Of the transpoirtation and use of gunpowder 331 

Ghapteb 65. Of burning woods and marshes 332 

Ghapteb 66. Of the conveying of timber and lumber on rivers 

and the removal of obstructions therefrom 333 

Ghapteb 67. Of public exhibitions 335 

Ghapteb 68. Of stray horses and cattle 336 

Ghapteb 69. Of the going at large of certain animals 337 

Ghapteb 70. Of the gathering of sea manure 338 

Ghapteb 71. Of coasting on highways, roads over ice, and guide 

boards 338 

Ghapteb 72. Of the taxation of dogs 339 

TITLE XV. 

OF cebtain bibds and animals. 

Ghapteb 73. Of the preservation of useful birds and animals. . . . 340 
pHAPTEB 74. Of the destruction of noxious animals 343 

TITLE XVI. 

OF LICENSES. 

Ghapteb 75. Of licenses for the sale of intoxicating liquors 343 

TITLE XVII. 

OF IMMIGBATION. 

Ghapteb 76. Of Immigrants 355 



PART 11. 

OF PROPEETY AND THE DOMESTIC EELATIONS. 

TITLE XVni. 

OF REAL PBOPEBTT, AMD THE ALIENATION THEREOF. 

Ghapteb 77. Of deeds by married women 359 

Ghapteb 78. Of estatestail 360 

Ghapteb 79. Of the registry of deeds and encumbrances affect- 
ing lands • 360 

Ghapteb 80. Of joint tenancy attd tenancy in common... 365^ 



TITLE XIX. 

OF TITLE TO REAL AND PEBSONAL FROPERTT BT VILL AND BT 
DESCENT. 

Chapter 81. Of wilts of real and personal estate 366 

CHAFTEaSa. Of the descent of real and personal estate 371 

TITLE XX. 

OP FBAUM, PEBJVBIES, AND SECRBT BILLS OF BALB. 

Chaptes83. Of the preventioa of frauds and perjnrieB 374 

Chaptek 84. Of the prevention of frauds on creditors by vorel 

bills of sale 376 

TITLE XXI. «. 

or THE DOMESTIC BELATIOSS. 

Chapter 85. Of the eolenmization of marriage 378 

Chapter 86. Of die protection of married women in oertain 

cases. 384 

Chapter 87. Of guardlaos and wards 386 

Chaptbk 88. Of masters, apprentices, and servants 387 



PART III. 

OF COOBTS AND CIVIL RBHEDIES. 
TITLE XXn. 

r the VABTODS OOCEIS ; TBIIR OONBTtTUnONS AND JURISDICnONB. 

L ^^APTER 89, Of the supreme court and its officers 3S1 

LChaftebOO. Of the probate court and procedure therein 395 

tCB^PTER 91. Of the jurisdiction of justices of the peace in civil 

cases 414 

[APrEB92. Of juries 426 

R 93. Of barristers and attorneys 437 

TITLE XXin. 

or pbooxdcbe in oitil oases. 
Chapter 94. OT pleadings and practice in the supreme couit.... 441 

- Chapteb S>.). Ol' procedure in equity .■ 520 

Ghapi£r96. Of witnesses and evidence 636 

Of suits against absent or absconding debtors 548 

Of suits against executors, administrators, and 
ti-usteeB...v,. ^54 



X ANALYSIS. 

Chaptbb 99. Of the liberty of the subject., 55t> 

Chaptbb 100. Of the limitation of actions 559 

TITLE XXIV. 

OF OBRTAIN PB00BEDIN08 RELATINO TO REAL PROPBRTT. 

€haftbr 101. Of the writ of dower 507 

Ghaetbb 102. Of the partition of lands 57n 

Chapter 103. Of the sale of lands under foreclosure of mortgage. 57H 

GkAFTER 104. Of the sale of lands under execution . . 57i) 

Chapter 105. Of tenancies, and of forcible entry and detainer.. 58l^ 

Chapter 106, Of escheating lands forfeited to the Crown 58«^ 

CHAFfER 107. Of distress for rent oS.*) 

TITLE XXV. 

OP PROyiSIONS A8 TO CERTAIN SPECIAL CASES. 

Chapter 108. Of trust and trustees 587 

Chapter 109. Of arbitration 595 

Chapter 110. Of partnerships GOO 

Chapter 111. Of the protection of justices of the peac^e 005 

Chapter 112. Of the protection of constables 008 

Chapter 113. Of compensation to the families of person^ killed 

by accident 60i» 

TITLE XXVI, 

Chapter 114. Of costs and fees tJlo 

INDEX 6:?5 



APPENDIXES- 




PROVINCE OF NOVA-SCOTIA. 



HI THE TBi3 OP OtTB LORD ONE THOUBAND BIQHT HUKDBED 
AND SKVKNTT-THREa. 




AN ACT 

REVISING AND CONSOLIDATING THE 
GENERAL STATUTES OE NOVA SOOTIA. 



FOURTH SERIES. 



>E TT EXACTED, BY THE GOTEBMOB, CoUKCIL, AHD 



CONSTRUCTION OP STATUTES. 



Chap. 1. 



PRELIMINARY TITLE- 



CHAPTER 1. 

OP THE PROMULGATION AND CONSTRUCTION OF STATUTES. 

All acts pobuo. 1. All Bcts shall bo deemed pnblic, and may bo declareci 
on aud given in evidence, witboat being specially pleaded. 

Data of com- 2. The Clerk of the Legislative Council shall endorse on 

™*°* every act the date of its passage, and the endorsement 

shall be held part of the act, and shall be the date of its 
commencement, unless otherwise provided. 

PnbUoftUOT^ 3. Printed copies of acts published in the Royal Gazette 

^^ newspaper, in Halifax, or purporting to be published by 

the Queen's Printer for the Province, shall be evidence of 
such acts. 

Repcftior ait«m. 4. Any act mav be altered or repealed during the session 

tton the aune .^ which it shall bavo passed. 

Re^^^^ «• 5. No act nor any portion of an act that shall have been 

^iratoniy. repealed, shall be revived, unless by express enactment. 

Frooeedinp 6. Where an act shall be repealed in whole or id part, 

wnti!^aediul£ and Other provisions substituted, all persons acting under 

°<^* the old law shall continue to 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 still in force. 

conftracUoo of 7. lu the construction of acts, the following rules shall 

t^flTgSbumf' be observed, unless otherwise expressly provided for, or 

pfOfUkMw. %vio\i construction would be inconsistent with the manifest 

intention of the legislature, or repugnant to the context, 

that is to sav : 

The words ** Queen" or "Her Majesty'' shall include 
Her Majesty, her heirs or successors. 

" Governor'* shall include the governor, lieutenant-gover- 
nor, 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 
sessions *' shall denote a special sessions of the peace for 
the county or district. 
'' Jostice '' shall signif jr Justice of the Peace. 
" ProdiODOtary '' Boidi include deputy prothonotary. 



PBBL. TITLE.] C058TROCTIOS OP 8TATOTB8. 3 

"Clerk of the Growo " shall include deputy clerk of the Chap. 1. 
crown. ^—^.^-^ 

"Jail " shall mean Coanty Jail; and where impriaoDmeat 
u prescribed it shall mean impriaODEQent ir) the jail or other 
Imilding withiu the Conntj, in which debtors may be legally . 
imprisoeed. 
" Warrant '* shall signify warrant under hand and eeal. 
" Grantor " may be conatmed as iqolading every person,: 
from whom any freehold estate or interest paaees by deed ; : 
Bod "grantee '' as inolnding every person to whom any 
nch estate or interest passes in like manner. 

"Land,'' "lands," or " real estate/' shall inclnde lands, 
te&emeots, and hereditaments, and ail rights thereto and ■ 
interests tberaio. 
" Goods '' shall mean persopal property. 
"Issne," aa applied to the descent of estates, shall, ^be : 
conetrned to include all lawfnl lineal descendants ot the 
SDceBtor. 

"Bepresectatives'' BhBJl.,meao exeoators and adminis- 
trators. 
" Wills" shall inclnde oodioil*. , 

" Month " shall signify a calendar month, and " year " a . 
ealeodar year; aiTQ "year" alone shall be equivalent to 
the expression " year pf onr Lord.? 

"Uatb" shall inclnde affirmation in oases where, by 
hv, au affirmation may be sabstituted for an oath ; and, in 
like cases, the word " sworn " shall include the word - 
"affirmed.'' 
"Person^' may extend to bodie* poUtio and .corporate as 
p^ as to individuals. 
i'j'Folio'' shall mean ninety words* . 
PSnretiea '' shall mean snfficient sureties, and " secority " 
nimeaa sufficient security; aad where these words are 
Vune person Bhall be eufEoieot, unless otherwise ez- 
V)' required, 
pry word importing the siogolar nnmher only may 

nd to :^everal persons or things as well as to one persoa 

or thing; and every word importing the plural number 
only, may extend to one person or thioz as. well as to . 
wveral perBOQs or things ; aud every word importing the . 
iDSsanliue gender only, may exteoid to females as well as 
tonalea. 

All words purporting to giv|9 a joii^ .autbority to three 
or more persona, sball Be conatmed as giving authority to 
a majonty of sucb persons. 

S. Wlieri; a penalty shall be imposed, and no particular- 
mode be prescribed fur the recoyery thereof, the siune may 
be recovered in the name ot aoy. person who will saa 
tlterefor, in the same manner, aodi^itb the like costs, aa . 



L 



4 CONSTRUCTION OP STATUTES. 

Chap. ]. if it were a private debt due such person, the nature of the 
offence being briefly stated in the summons ; and where no 
particular mode of applying any penalty shall bo 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 
Appeals. injured. Appeals to the Supreme Court shall be allowed 

by justices of the peace, from judgments given by them 
in all such 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 forty dollars, 
may be sued for and recovered before any two justices of 
the peace ; but if incurred within the City of Halifax, before 
the City Court. 

Prosecutions for such penalties or forfeitures may be in 
the name of any person, or of any corporate body. 
Authoi^ytoflu 9, Where authority to make appointments to public 
^^^°* * situations is conferred, it shall include the power to fill up 

vacancies caused by death, resignation, removal, or refusal 
to act. 
Bye laws, power 10. Where powcr to make bye-laws, regulations, rules 
iitCT^**"^ or orders is conferred, it shall include the power to alter or 
revoke the same, and make others. No bye-law shall bo 
enforced if repugnant to law. 
County ohai^ges n. When it is declared that any matter is to form a 
how recov . ^Q^jjj|.y 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. 
Forms. 12. Where forms are prescribed, slight deviations there- 

from not affecting the substance or calculated to mislead, 
shall not vitiate them. 
Sunday, Ac. 13. If the day upon which an act is to be done shall fall 

on a Sunday, Christmas Day, or Good Friday, the same 
shall be performed on the day following. 
Justices to ad' 14, Justicos of the poaco may administer all oaths, with 
minister oaths, ^.^gj^j.^ ^ ^^^ taking of which HO particular directions are 

given. 

Quakers, &c, 15. Quakors or Moravians, where an oath is prescribed, 

how sworn. ^^y^ instead of taking the same, solemnly affirm in manner 

used in their religion ; and such affirmations shall have 

the hke effect^ and render the parties taking them liable 

to the like penalties , if false, as attach to oaths. 



PBEL. title.] COSSTEUCnON OP 8TATOTEB. 5 

16. When bonds are required to be giren by a poblic Qb^f. 1. 
officer, they shall be taken in Her Majesty's name when „ , ': \„ 

. .i. ■ J- • J J ^ BiHidi of pnbka 

Dot otherwise directed. amaen. ^ 

IT. Sureties to any aach bond may at any time give to witudi^mj at 
the Provincial Secretary notice of their desire to withdraw "«e'^' 
from liability thereunder, and in euoh case the liability of 
the sarettus for any act committed or dereliction of duty 
after the expiration of three months from the receipt of 
each notice shall cease. Principals sliall in snch cases be 
required to famish new security, in the mme manner as if 
bonds had not been previously executed. 

18. All officers now appointed or hereafter to be ap- oooanai^obrt- 
pointed by the Governor, whether by commission or other- ^i^ "* ■**■ 
wise, shall remain in office daring pleasure only, unleA 
otherwise expressed in their commiBsions or appointmenta. 




TnXE I.] OF THE LEOISLATURE. 



PAET I. 

OF THE GOVERNMENT AND ITS ADMINISTRATION, 

AND THE SOCIAL ECONOMY OF THE 

PROVINCR 



TITLE I. 

OP THE LEGISLATURE. 
CHAPTER 2. 

OP LEOtU^TITE OOUSCILLOKa. 

1. The appointment of memberB of the Legislative Anmntni 
Coancil of the Province of Nova Scotia shall be vested in I^^" 
the Lieu tenant- Governor, who shall niake sncb appoint- 
ments in the Qaeen's name, b; instrument under the G-roat 

Seal of the Province. 

2. Ad; member of the Legislative Ooancil, who shall AbHooo ■ 
be absent from bis place therein, for two eassions consecc- **<"t<*" 
tively, wiUiont the consent of die Lientenant-Governor, 

shall vacate his seat as sach Councillor. 




CHAPTER 3. 

OF BSECUTIVE ASD LEOISLATITG DIBABILITIEB. 



:> person shall be capable of being appointed to, or Fcnou^apa- 
ig or voting in, the Legislative Council of this fJlunii S^u- 
I, or of being elected to, or of sitting or voting in, ^„'^?Smr' 
se of Aeseniblj, who Shall at the time of such oiy- 
tent to the Leg;islati7e Cooncil, or at the time of 
g nominated a candidate at snch election, hold 
oGovortiment Of this Province, or of the Dominion 

of Canixla, an; one of the following ofiSces, that is to eaj : 

Judge of the fiopreme Court, 

~ ^ "^part of Vice Admiralty. ^ 

r Segiatrar of Probate, 



8 EXECUTIVE AND LEGISLATIVE DISABILITIES. [PART I. 

Chap. 3. Postmaster General, Postmaster or Deputy Postmaster — 

not to include way office keeper, 

Deputy Surveyor of Crown Lands, 
Queen's Printer, 
Registrar of Deeds, 
Prothonotary, 

Gold Commissioner or deputy gold commissioner, 
Officer or clerk of the Customs, or of colonial or light 
duties, or person concerned in the receiving or managing 
of any moseys to be collected under any of such depart- 
ments. 
Commissioner or manager of government railroads, 
Any person employed by the Dominion Government or 
under the same, in receiving or collecting any part of 
the revenue, or in guarding, protecting, or securing the 
same, 
Any person acting for, or on behalf of the Dominion 
Government, or of any departmental officer thereof, in 
the capacity of agent, subordinate or official represen- 
tative. 
Medical superintendent of the Provincial Hospital for the 

Insane, 
Supervisor of great roads, 
Railroad contractor. 
Membewoooeptr 2. Any member of the Legislative Council, or of the 
tog^offloB^vaoate Houso of Assombly, accepting any one of such offices after 
his appointment or nomination shall vacate his seat thereby. 
Appointment, 3. The appointment, nomination, election, or return, of 
^rtion.Ac.. persous disabled as herein mentioned, shall be void; and 
every person so disabled who shall sit or vote as a member 
of the Legislative Council or of the House of Assembly, 
shall forfeit four hundred dollars for every day be shall so 
sit or vote, to be recovered in the Supreme Court. 
Beat of depart- 4, When any person holding the office of Provin- 
nS°Ja«t6d"by ^^' Secretary, Attorney General, Treasurer, Commissioner 
MceTMothL ^^ Public Works and Mines, or Commissioner of Crown 
office within a Lauds, and being at the same time a member of the House 
month. ^£ Assembly, shall resign his office, and within one month 

after his resignation accept of any other of such offices, he 
shall not thereby vacate his seat in such assembly. 
Membenof Ben- 5. No porsou being a member of the Senate or House of 
ooi^oSmSju! Commons of Canada shall be capable of being appointed to 
f?TO*oou^fiInd ^^ ^^ sitting or voting in the Legislative Council of this 
Ho^<rfAM^- Province, or of bein^ elected to or of sitting or voting in 
^^^' the House of Assembly thereof: and if any person, being 

a member of the Legislative Council or of the House of 
Assembly of this Province, shall accept a seat in the 
Senate, or be elected as a member of the House of Com- 
mons of Canada, his seat in the Legislative Council or House 
of Assembly, as the case may be, shall tlxereby bo vacated. 



TIILEI.l OEXEBAL ASSEHBLT. 

6. Ko person referred to in the first section of this Chap. 4. 
Chapter sliall be deemed eligible to or qaalitled to sit in ssast oi mi 
either branch of the legislature of this Province, nnlesa be ""^^ "* <*" 
shall have resigned bis oCBce or employment before the day 

of Domiaation or of bis appointment to a seat in the Legis- 
lative Coancil and signified in writing such resignation to 
the Provincial Secretary. 

7. Nothing in this Chapter shall be held to apply to or s 
inaaymanDer affect any departmental oflScer in the Pro- 
viDci&l Government, or any surveyor of shipping, fishery 
warden, officer of militia, persoD employed in taking the 
cen^Qs, or any person aotiog in the capacity of Queen's 
CooDsel or Jastice of the Peace. 



CHAPTER 4. 

OF THE DURATION OP AND REPttESEMTATIOH IN THE GENERAL 
A3SEHBLT. 

1. No General Assembly shall determine merely in con- snnuon or a- 
seqQeDce of the demise uf her majesty. t^^c^t^'deuA 

t. The General Assembly shall cootinne for four years '"^•'*^- 
fiom the expiration of forty days next after the issuing of Hmbiy™ 
I write for any general election, unless sooner dissolved, 
d DO longer. 

The Bouse of Asembly shall be composed of thirty- oompotition ei 
_'. members, of whom three shall be elected by the SST"''*'*™' 
ibly of Halifax, tbreo by the County of Pictou, and 
^by cacii of tlio other Counties. 

The boundarioa of coanties and polline districts shall BouDdiiio or 
•■ -""9 as now estnbhaueo. 



CHAPTER 6. 

f TBI PSEVESTION OF COEBDPT PEACTICE8 AT ELECTIONS. 

L No person shall recover from a candidate or his Eupwuaforei 
Meats for «aterlaiiimeut furnished at the reqnest of any iTu^'nu^mb] 
M tbea toother persona at an election ; and if, upon trial, oVhlw™'^" 
%|baA^penr thnt any part of the plaintifT's claim is for 
^HUfikHHll^aJtiraished, ho shall be non-suited. 



10 CORRUPT PRACTICES AT ELECTIONS. [PART I. 

Chap. .5. 2. If a candidate during an election shall furnish, or 

penalty for can. '''^iHingly permit to be furnished, to an elector or person 
?*^£toSating c'^'°^'°g *o ^^ ^^ elector, any intoxicating liquors, he shall 
i^uOTs.*^ forfeit four hundred dollars. 

Pernona deemed S. The following porsons sball be deemed guilty of 

guUtyofbnbeiy. jj^ibery, and shall be punishable accordingly : — 

Any person ^v- L Evcry porsou who shall directly or indirectly, by 

ISf,'- taSSy"?i himself or by any other person on his behalf, give or lend, 

emSin^tr^r ^^ ^g""®® ^ g*^® o^ l©nd, or shall offer, promise, or promise 

or other person to procuro, or to eudcavour to procure, any money or valu- 

tovl>te.o?rJSiS able consideration, to or for any voter, or to or for any 

fromroting. persou ou behalf of any voter, or to or for any other 

^ person in order to induce any voter to vote, or refrain 

from voting, or shall corruptly do any such act as aforesaid 

on account of such voter having voted or refrained from 

voting at any election. 

Any person ffir- 11. Every persou who shall directly or indirectly, by 

SSs^.'offioeor em' himsclf or by any other person on his behalf, give or 

tero?other*perI procurc, or agree to give or procure, or offer, promise, or 

son. to induce promisc to procurc, or to endeavour to procure, any office, 

voter to vote or « iaa/» »*/• 

refrain from vo- placc or employment,' to or for any voter, or to or for any 
^^' person on behalf of aqy voter, or to or for any other 

person, in order to induce such voter to vote or refrain 
from voting, or shall corruptly do any such act as aforesaid 
on account of any voter having voted or refrained from 
voting at any election. 
Any person ma- III. Evory porsou who shall directly or indirectly, by 
oflw,fe?.torny himself or by any other person on his behalf, make any 
h?m*to°p^pe ^^^'^ S^^^9 !^a°> offer, promise, procurement, or agreement 
return of eandi- as aforesaid, to or for any person, in order to induce such 
'®'^ • person to procure or endeavour to procure, the return of 
any person to serve in General Assembly, or the vote of any 
voter at any election. 
Per»npromi- I^- Every porsou who shall, upon or in consequence of 
?&n**o?JotBin *°y ®^^^ S^^^j ^OQ,u, offor, promisc, procurement, or agree- 
conseq'uenoe of mout, procuro or engage, promise or endeavor to procure, 
gift, Ac. ^j^^ return of any person to serve in General Assembly, or 

the vote of any voter at any election. 

Person advan- ^- Evory porsou who shall advance or pay, or cause 

jjj« or repaying to bc paid, any money to or to the use of any other person, 

OT*^iready"ex- with the intent that such money, or any part thereof, shall 

pended in bri- ^^ expended in bribery at any election ; or who shall 

knowingly pay, or cause to be paid, any money to any 

person in discharge or repayment of any money wholly or 

ia part expended in bribery at any election. 

Penai^'. And any person so offending shall be liable to 

forfeit the sum of four hundred dollars to any person 

who shall sue for the same, together with full costs 

of suit; provided always, that the foregoing enactment 



TITLE 1.] COBBUPT FBAOnCBS AT ELECTIOKS. V. 

ahaJI Dot extend, or be ooQBtrued to extend, to any Chap. 5. 



money paid or agreed to be paid for or on acconot of p„ri^ 
aaj legal expenees bond _fide incurred at or coacerning 
toy election. 

4. The foltowiDg persona shall also be deemed gailty of otiurpsmu 
bribery, and shall be panishable accordingly : s""^- 

L Every voter who shall, before or during any election, Yomr reorfiii« 
directly or indirectly, by himself or by any other person JJj^ijf^J 
on his behalf, receive. Agree, or contract for, any money, Ac, (ormiBgor 
gift, loan, or valnable consideration, office, place, or employ- ^^Jj|''''«'" 
nent, for himself, ur for any other person, for voting or 
■greeing to vote, or for refraining or agreeing to refrain 
from voting at any election. 

IL Every person wlio shall, after an election, directly p,,,^ ^,^ 
or indirecfly, by himself or by any other person on his ^Jj**^™*":- 
beiulf, receive any money or valuable consideration on on Mooniitat " 
loconnt of any person having voted or refrained from ESSi'J'^SSd- 
votiog, or having indnced any other person to vote or ** '™" ™''^' 
refrain from voting at any election. 

And any person so offending shall be liable to forfeit Penai^. 
Ae sum of lorty dollars to any person who sball sue for 
Uw same, together with costs of snit. 

5. Every person who shall, directly or indirectly, by Fsuiwror 
himaelf or by any other person on his behalf, make ase of, ^l^idu^ « 
or threaten to make use of, any force, violence, or restraint, ^^T*"*'^'''' 
or iufiict, or threaten the inniction, by himself or by or 

through any other person of, any injury, damage, harm, or 
loae, or in Einy other maiioer practice intimidation upon or 
gainst any person, in order to induce or compel such 
^noQ to vote or refrain from voting, or on account of sncb 

Cn having voted or refrained from voting at any elec- 
or who shall by abduction, duress, or any fraudulent 
jlirice or contrivance, impede, prevent, or otherwise inter- 
.pe with the free exercise of the franchise of any voter, 
'VubII thereby compel, induce, or prevail upon, any voter, 
--to give or refrain from giving his vote at any elec- 
shall be deemed to have committed the offence of 
— ^J6 infiaence, and aball be liable to forfeit the sum of 
Mre kandred dollars to any person who shall sue for the 
"Tjoe, togetiier with coats of suit. 

6. The pecuniary penalties hereby imposed for the Pen»itr«.-how 
fences of bribery or undue influence, respectively, shall '~"*™^ 

bs recoverable by action or suit in the Supreme Court by 
~iy person who shall sue for the same. 

7. it shall be lawful for the Conrf, in any case of court mtyonhr 
ftion for any offence against the provisions of this SJ^^^wkS!" 
' ID order payment to the prosecutor of such costs 

to the Court shall appear to have been 
~ " in and about the conduct of such 




12 COBRUPT i^RACTICfeS AT ELECTIONS. [PART U 

Chap* 5. 8, In case of any indictment or informatiofi by a 

Defendant enw- private prosecutot for any ofiende against the provisions 

S' ju^OTrS ^^ *^^^ Chapter, if judgment shall be given for the defen- 

hiBfavori dant, h6 shall be entitled to recover from the prosecutor 

the costs, to be taxed by the Court, sustained by the 

defendant by reasdn of snch indictment or information. 

Proiecutormust 9. It shall uot be lawfttl for the Court to order payment 

^n^^^^l of the Costs of a prosecdtion for any offence against the 

J^g»*»^*o . provisions of this Chipter unless the prosecutor shall, 

before or upon the finding of the indictment or the granting 

of the information, eilter into a recognizance with two 

sufficient sureties in the sum of five hundred dollars, with 

the conditions folldwitig, that is to say, that the prosecutoi' 

shall conduct the prosecution with effect, and shall pay to 

the defendant, in case he shall be acquitted, his costs. 

LimitAtioDofat- 10. No persou shall be liable to any penalty or forfeit^ 

tioM. ^^^ hereby enacted or imposed, linless some prosocutiodj 

Action, or suit, For the offencis committed shall be com** 

jhenced against such person \Vithin the space of six months 

bext after such offence shall be committed, and unless such 

jberson dball be shhimoned or otherwise served with writ 

ot probess Vithin the same space of time, so as such 

summons or service of writ or process shall not be pr^-^ 

Vented by such person absconding or concec^l\Ki^ ^ioj^. 

self, or withdrawing from the province; ^i^A ^p^ case Qf 

any such prosecution, suit, or p^oqe^^ %a a^resaidj the! 

same shall be proceedecj ^jt^j q^io\^ mm^ 9ft without any 

wilful delav. 

dStogJiii??S" ^^' ^^ ^^y Oandidat-e feturned at an election for any 
bribery, Ac., v^ Ootikl^iv »haU be declared by the report of any election 
" * oommittee guilty, by himself or his agents, ot bribery or 

Sndue in^uence at such election, the seat of such. can« 
idate shall, by such report, be forthwith vacated. 

ivvm of action. 12, Jn 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 forfeit- 
ure, and to 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. 

Tij^eQf Chapter. 13. Jq citing this Chapter it shall be sufficient to use the 
expression, " the corrupt practices prevention Chapter." 

Jorda^lc!^ ^^ Throughout this Chapter, in the coustructioa 

thereof, except there be something in the subject or 
content repugnant to such construction, the word 
''election'' shall mean the election of any member or 
members to serve in the assembly; the word "voter'* 
shall mean any person who has or claims to have a right to 
rote in tbo election of a member or members to serve in the 



TTTUl.l COHTBOVEnXED EI,BCT10Na. I 

asseffibly ; and the worth " candidate at an election," Chap. 6. 
M iDdnde all persons elected as membera to serve in ~ 

the tBsembly at encb election, and all persona nominated 
u naJidates, or wbo shall have declared themselves 
cudidttes «t or before such election. 



CHAPTER 6. 

OF CONTBOVrarSD ELSCHOira. 



Fnxecdliga c 



1. When a petitsoH complaHoiog of an nndne 'etectton, ^.„^_^ 
VT Tetarn ot a member to serve in the Honae of Assembly, p«tJtiaD 
■ball be presented to the bonse, a day and hoar shall be ' "' 
appointed by the bonse for taking the same into conaidera- 
tiOQ, and notice in writing shall Be forthwith given by the 
Speaker to the petitioner and the sittiiig member, or thoir 
igenU, accompanied with an order to them to attend the 
house at the time appointed, by themselves, their connsel, 
crsgenta; and, if at the time ap7>ointed none of the petitioUr 
en shall appear, either personally, or by counael or agent,, 
Um erd«t tor taking th9 petition into consideration shall b& 
^barged. and the petition shall not be turther prooeededi 
i»itJt. No such petition shall be received after fourteen days, 
" have elapsed from the time that tbo member, 
return is complained of shall have taken bis. 

No proceeding ehall be bad on a petition noleaa at- Bond ngaind. 
e the time appointed for the consideration thereof at 
3 of the petitioners shall enter into & bond- to Her 
_ , with Bureties, in the sura of eight haodredi dollars, 
» payment of tho costs ftnd expenses that may become 
'e by the petitioners, under any report of committee, 
ition; the bond, in case of non-payment, to be 
t for the benefit of the parties entitled to the 
i expenses. 
before the day appointed for considering the Fnie«adiiigi on 
"* 9 member whose retam i» complained of shall J^^*"*^ **" 
)C«pt the ot&co of Legislative Councillor, or declare 
» mod bis intention nob to defend his return, the 
I give notice thereof in writing to the Sheriff 
' where tho election was had, and shall also 
'itwo public newspapers, ao that any of 
F tho county for whioh the member was 
Ultey think; S^, ^tition the honae to be 



14 CONTROVERTED ELECTIONS, [PART I. 

» 

Chap. 6. admitted as parties ia tbe 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. 
Frooe&dingB at 4. At the time appointed for considering the petition, 
^rfS^Si*^" and Drevious to reading the order of the day therefor, the 
titioo. SpeaVer 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 return the 
bouse shall be counted, and if there are less than twenty- 
four members present the order shall be adjourned to a 
particular 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 twenty-four members at tho 
readingof the order, 
'committee- 5. When twenty-four members shall be present, the 
w drawn. 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 pieises of paper, and, as nearly as 
may be, of equal size, and rolled up in the same manner, 
shall be equally divided, and put into two several boxes 
placed on the table, and shall be shaken together, and the 
Olerk 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 members then present 
are drawn. 
sTamMofoertKia 6. If the name of a member who shall have voted at 
mcKDbenset ^j^^ election Complained of, or against whose return a 
petition shall be depending shall bo drawn, it shall be set 
aside. 
Menbenbow 7« If a member drawn shall verify, on oath, an excuse, 
^SiSt^^' the substance thereof shall be taken down by the Clerk, in 
order that the same may afterwards be entered on the 
journals, and tbe 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 excused therefrom. 
.<£inben Mrfw 8. If the name of a tnember then . serving on one elec- 
•^MttMMi tion committee be drawn,, be shdl be excused from serving 

on a second, 
wheo membM 9. When members are set aside or excused, others shall 
2^^*^ be drawn in their place, who may in, like manner be set 
aside or excused and others drawn in their place, until the 
whole number of fifteen members not liable to be set aside 
or excused shall be complete. 



TtTLEL] COKTBOTEBTED ELECTI0K9. 15 

10. When the drawing shall be complotecl the door of Chap, 6. 
tlia house shall be iiDlooked, and lists of the fifteen tnem- coKmiM™ n^ 
bers shall be given to each party, and they shall imme-'trnekiM be 
diately retire with the Clerk or Clerk AssistaDt, and eaoh iTalwi. ™ ** 
party, his counsel or agent, beginning on the part of the 
petitioners, shall alternately strike off one of the fifteen 
members antil the number shall be reduced to seven ; and 
the Clerk or AasistaQt, within one hour at forthest from the 
^e of the lists being given, shall deliver into the honse 
the oames of the seven members then remaining : and such 
uven members shall be sworn at the table well and truly 
to try the matter of the petition referred to them, 
sod a true judgnunt td give according to the evidence, 
sod shall be a committee to determine 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 com- 
mittee room of the hoBse, and they shall sit every day, 
ud shall not adjourn for more than a day without leave of 
the house, upon special cause assigned. 

11. If at the time appointed for considering the petition, commitiM no* 
the sitting member shall not appear by himself, or bis^g^*^*"^^ 
counsel or agent, the committee shall be appointed as fol- leaded <»kb. 
laws: the nunee of fifteen members shall be drawn in 

nuner herembefore prescribed, bnt in reducing the lists 
tbs Clerk or Clerk Assistant slmll stand in the place of the 
nttiog member; and the same method of reducing the 
Bomber shall be followed whenever a party waives his 
Rgbt of striking olT nsmes. 

12. The committee aliall, on meeting, select aohainnan, ciujnnm now 
d if in tbe selection, the voices are equal, the member wic««d. 
nsB name was first drawn in the house shall have an 

Iditional casting vote ; aad the same course shall be pur- 
id if necessary, to elect a new chairman, on the death or 
Msgary absence of the previous chairman. 

18^ The committtse shaH have power to send for persons PovenaDddut; 
Spapers, and shall examine witnesses on oath, and shall '^ «o>i"°"<«- 
tuder evidence and proceedings duly had ou a scrutiny, 
Ireferred to them by the hoase, and may admit addi- 
1 evidence sworn to be material, and which in their 
not ought to be received; and shall determine 
wr the petitioner or the sitting member, or either of 
tie duly returned or elected, or whether the election 
d.or whether a new writ onght to issue ; and their 
nination shall bo final ; ana the house on being 
Md UHireof by the cbairman of the committee, shall 
r tbe same to be entered on the joarnala, and give the 
lary dtrectiona for carrying the determination of the 
coBmitlee iDto execution. 



16 CONTBO VERTED ELECTIONS. [PART I. 

Chap, 6. 1^« If *^® committee shall come to any resolution other 

Committee m^ ^^*° ^^^ determination above mentioned, they may report 

report spedauy. tho samo to the houso for their opinion ; and the house may 

confirm or disagree with the resolution, and make such 

order thereon as they may think proper. 

Committee man 15. No member of the committee shall absent himself 

obMnting him- therefrom without leave of the house ; and the chairman 

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. 

Where commit- 16. If the members of the committee shall be unavoid- 

teSi ^i*fl?e. *** **bly reduced to less than five, and shall so continue for 

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. 

Dbobedienoe to 17. If porsous summoucd by the committee shall disobey 

SSmittM?' the summons, or if witnesses before the committee shall 

prevaricate or misbehave in giving or refusing to give 

evidence, tho chairman may, by direction of the committee, 

report the same to the house for the interposition of their 

authority or censure. 

Their power and 18. ^Xhcu the committco shall think it necessary to 

toS'wee/"**'^" deliberate among themselves, they may, after hearing the 

evidence and counsel on both sides, direct the room to be 

cleared. 

A majority^ 19. Decisious of the committee shall be made by a 

dde^ * majority of voices ; and if the voices be equal, including the 

chairman, he shall have an additional casting vote. 
Oaths how ad- 20. The oaths by this Chapter directed to be taken in 
ministered. ^j^^ houso shall bo administered by the Clerk or Assistant, 

and those before the committee by the chairman. 
Effect of proro- 21. If the General Assembly shall be prorogued while a 
TOmmittee iit- * Committee shall be sitting, the committee shall not be 
ting. dissolved, 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 continue to act as if there had been no prorogation. 
Committee to 22. The Committee, when tliey report their final deter- 
JStStionTrifot** mination to the house, shall also report whether the petition 
^^' did or did not appear to them frivolous or vexatious, and 

also whether the opposition thereto did or did not appear 
to them frivolous or vexatious ; and such report shall be 
signed by the majority concurring therein. 
If a petition re- 23. When a petition shall be reported frivolous or vexa- 
KS^ns^ reS^- tious, the sitting member shall be entitled to recover from 
•™^^«- . the petitioners, or any of them, the expenses of opposing 

the same. 



TTTLB I.l 'COKTBOVESTED ELECTIONS. 17 

24. When the opposition to a petition shall be reported Chap. 6. 

frivoloTiB or vexations, the petitioners shall be entitled to^^^ — — 

recover from the sitting member the expenses of prose- po^^SMrai^^ 
cvting snob petition. 

25. The expenses of prosecoting or opposing a petition BipeniH noir 
shall include witnesses' fees as well as other costs and*"*^- 
expenses, and shall be ascertained as follows: tlie Spetiker, 

on applicatioD, shall direct tliotn to be taxed by the Clerk 
of the boaae and a master of the Supreme Gonrt, who shall 
tax the same and report the amount to the Speaker, who, 
OD the approval by the hooae thereof, or of such part 
thereof as the hoase may allow, shall, on application, deliver 
to the parties a certificate nnder his hand, expressing the 
amonnt of the expenses allowed ; and the persons appointed 
to tax the expenses and report the amonnt shall be entitled 
to dDch fees, to be paid by tho parties for whom the bill is 
taxed, and incladed therein, as may be fixed by resolntion 
of the homse. 

28. The parties entitled to expenses, or their repreaett-BiosiuHbow 
titives, may demand the amonnt certified from any of the " 
^rsons liable therefor, and on oon-paymsnt may recover 
the same by action of debt in the Snpreme Court, wherein 
it ahall be sufficient for the plaintiffs to declare that the 
defendants are indebted to them in the amouot certified by 
VirtDe of this Chapter ; and the certificate signed by the 
Speaker shall have the effect of a warrant to confess 
. jsdgment, and tho Court shall, on motion, and the production 
• -ef the certificate, enter judgment for the plaintiffs for the 
tmonat specified in the certificate in the like manner as if 
tiw defendants bad sigDed a warrant to confess judgment 
in the action for that nnonnt. 
27. Where the expenses shall have been recovered from ^ p"^ pv^ig 
ly person, be may recover in like manner from others, ^btTcwiu)- 
pte to the payment of the same expenses, a proportion- "^'"■ 
^sbare thereof, according to the number liable. 

. The words " sitting member,'' when nsed in this Bipiuuuon ar 
ler, shall also comprehend parties admitted to oppose SSSTSb!""'*"' ' 
'itiOD. 

The Provincial Secretary shall not hereafter serve Fnv. s«eretu}' 
fe electioB committee ; and if any other member of the '™°"p'- 
' isbtttioD be drawn, he shall be exoased on (i^claring ^^^ ^^^^ 

Mtb, to bo administered by the Clerk or Assistant,"' oorcmmMit 
ft'Clork'e table, that his attendance on the committee 
_i Iw preindicial to the pahlio service, by interfering 
Oh flmaal dutias, or his attendance at the coaneu 



18 
Chap, f . 



OF VACITING fSBATB. 



CHAPTER 7. 



[part I. 



Seats how vaca- 
ted. 



OfRoea which va- 
cate seats. 



Vacancies bow 
supplied. 



Speaker's seat 
how vacated. 



OP VACATING BEATS. 

1. Any member of the House of Assembly may by 
written notice to the Provincial Secretary, or Speaker of 
the House if in session, vacate his seat. 

2. If any member shall accept of any of the fallowing 
offices, his seat shall become vacant, but he may be re- 
elected ; that is to say, the offices of Attorney General, 
Provincial Secretary, Treasurer, Commissioner of Public 
Works and Mines, Commissioner of Crown Lands ; but, if 
any person holding either of the above offices 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 the same or of any other of such offices, he 
shall not thereby vacate bis seat in such Assembly. 

3. Whenever a seat shall become vacant a writ shall be 
issued to supply the vacancy. 

4. The Speaker may vacate his seat as Speaker and 
member^ either by a declaration to thaj; effect in the house, 
if in session, or by written notice to the Provincial Secre- 
tary ; in which case a writ &hall be issued to supply the 
vacancy. 



L 



inLE n.] CASUAL AKD TSBBl^OHIAL BEVENUE. 19 

Chap. 8. 

TITLE II. 

OP PROVINCIAL PROPERTY: ITS REGULATION 
AND MANAGEMENT. 

CHAPTER 8. 

OF THE CASUAL AND TEBBITOBIAL BE7ENDE. 

1. The proceeds of all the casaal and territorial reve-ouuiuuitciri- 
naes of the Grown in the Province, as hereafter designated, w^Im^ 
shall be paid into the ProTincial Treasury. 

2. The seToral caeaal and territorial revennes of the ot what kood- 
Crown, and the moneys and funds and other rights which '**'*' 

are placed at the disposal of the General Assembly for the 
ose of the Province, nnder and by virtue of this Chapter, 
are declared to be — all rents, snmB of money, returns, 
profits, and emoluments, arising, reserved, dne, or owing 
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 occupation of any of the crown lands, mines, 
minerals, or royalties of Her Majesty within the Province, 
whether in the island of Cape Breton or in any other part 
of the Province, of whatsoever natnro or description ; and 
also all fees and payments and commntation therefor, at 
tiie office of the Provincial Secretary, received or pay- 
able, in respect of any writings, licenses, instruments, or 
mmissions, there made or issued, and on which fees 
ire heretofore payable to the Lientenant Governor and 
ivincial Secretary ; and lastly, all Snes, penalties, and 
'litures imposed under any law of the Province, and 
Icable for tho use of Her Majesty. 
All the right aniLtitle of Her Majesty, whether iDiHnnerai 
ion or otherwiso, of, in, to, and out of all mines, J£l|^ "*"■*" 
^rals, and oils whatsoever, within the Province, inclo- 
i ti)e island of Capo Breton, and also all rents and profits 
ig therefrom, are assigned, transferred, and eurren- 
I, to the disposal of toe General Assembly of tbia- 
lace, subject only to the existing rights of tho lessees,, 
persons entitled under existing Statutes, and of all 
, !At8 claiming under them or any of them ; and shall 
ina&Rged, leased, disposed of, made available, paid 
and applied in eucb manner, and to and by such officers 
and persons, and for such public uses and purposes as by 
IT Mt<tfll>'^ogra l Ataembijr for the time being shall bd- 



20 CASUAL AND TEBBITORIAL BEYENUE. [PABT L 

Chap. 8. 4« The General Assembly may provide for the managing, 
iii;;;;!^^;;^ collecting, and receiving of the revenues, and other mat- 
Srolidedfor. tcrs 80 Surrendered and transferred^ and for appointing 

proper officers for such revenues. 
ooUeeti(» pcoTi- 5. For the more easy collection of such revenues, the 
*^'**'* officers or persons charged therewith 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 equity, as by or on behalf of Her Majesty, 
might be adopted in respect of such revenues, or any of the 
lands, mines, or royalties chargeable therewith, if the 
surrender, transfer, and assignment had never been made 
for the use of the Province. 
Proceeds of 6. Nothing herein contained shall interfere with the 

Stoepa^ue. g^^^t. Sale, Icaso, or disposal of any of the uneranted lands 
of the Crown in this Province, except only tne mines and 
minerals hereinbefore specified, by or on behalf of Her 
Majesty ; but all such grants, sales, leases, or disposals of 
such ungranted lands, and the management, direction, or 
control thereof, shall remain in such officers as Her Majesty 
shall deem 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 tlie necessary expenses of managing the same, 
shall be paid into 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 employed, and the expenses of the department, shall 
be subject to the control and regulation of the General 
Assemblyi 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 months after the demise of Her present Majesty 
(whom God long preserve), and thereafter everything 
herein contained, and the transfer, surrender, and assign- 
ment herein mentioned| shall cease ^nd determine. 



TULK n.] HINES AND HINEBALS. 21 

CHAPTER 9. ^°^^' ^' 

OF HINES AND UIHERALB. 

1. The word " Mine " in this Chapter shall mean any S^'S^S 
locality in which any vein, atratam, or natural bed, of coal, oupter. 
or of metalliferons ore, or rock exists, or shall, or may be 
vorked. The verb " to mine," in thia Chapter shall ioclade 
any mode or method of working whatsoever, whereby the 
ore, earth, or soil, or any rock, may be disturbed, removed, 
vaahed, sifted, smelted, refined, crushed, or otherwise dealt 
with, for the purpose of obtaining gold, coal, iron, copper, 
er any other ore, or metallic substanoe, and whether the 
nme nuy have been previously disturbed or not. The 
term " Gold-bearing quartz " aball be held to mean all 
aoriferooa rock in aiiu. " Alluvtal mine " shall be held to 
mean gold-bearing earth or rock elsowhere than in situ. 
The terms *^ Commissioner'' and " Commissioner of Mines " 
■hall be held to mean the Commissioner ot Public Works and 
Hisea, and the term " Deputy" or " Deputy Commissioner " 
ibell be held to mean Deputy Commissioner of Mines. 
''Lessee '' shall include and mean sub-lessee or any person 
dniTing title to a mine, through a lessee of the Crown, 
■nleas such interpretation is repugnant to the context or to 
the spirit of thlR Chapter. 
S. Tbe office of the Commissioner of Mines shall be J^STow" 
L ipeoed at ten of the clock in the forenoon and closed at 
'par of tbe clock iu tho afternoon, escept on Saturdays, 
" n it shall bo closed at one of the clock in the afternoon ; ^ ^i„„,„ 
11 applications for liceDses or leases shall he made o&eiUmaToid. 
J 8Qch office hours; and all such applications made at 
r times shall be void. 
The Governor in Council shall continue to be S^^""^ 
rized to select and appoint, when and as often as poiDtOi>[nin& 
bn may require, a suitable person to act as Commis- w^^nd""'' 
r of Public Works and Mines for the Province, and J^oJmmi^- 
>le pernons to act as Deputy Commissioners of Mines «■ oi Minn. 
• wveral gold districts hereinafter provided for, and to 
**^" limita of the jurisdictions of such Deputy 

lers respectivoly ; and, by virtue of and during cammMontr 
lance of sach appointment, such Commissioners "J ^•w"^^ 
f Works and Mines within the Province, and such jS^m^JIU 
r Ooounissiouers within the gold districts for which ""^ """^ 
9 respectively appointed, shall exeroiso the powers 
oea of the peace. Provided always, that no such 
er or Deputy shall act as a Justice of tbe Peace 
t ot General or Special Sessions or in any matter 
, except for the admioistsring of oaths, the 



22 MINES AND MINEBAI^. [PABT 1. 

Chap. 9. preservation of the peace, the prevention of crimes, the 

detection and commitment of oflFenders, and the cairying 

ont of the provisions of this Chapter. 
Goveimprin 4. Xho Govomor in Council is authorized to select and 

Coanoii to ap- • i :i ^ • 

noint Deputy appoint, whou auQ as ofteu as occasion may require, a 
^'^wSS?"' suitable person to act as Deputy Commissioner of Public 
SSwncef* '** Works and Mines for the Province, and to define the limits 
of his authority and jurisdiction ; and by virtue of and 
Such Pepnty to durfug the contiuuance of such appointment, such Deputy 
haropowewof a Commissioner of Public Works and Mines shall within the 
Province exercise the powers of a Justice of the Peace in 
the same manner and with the same limitations as in the 
next preceding section contained as to the Commissioner. 
Gov«amor in 5. The Govomor in Council is authorized to select and 

pobrtin^Mtor appoint, when and as often as occasion may require, a 
of Mines. suitable person to act as Inspector of Mines, who shall be a 
competent scientific, practical, mining engineer, whose 
Dnty of inspeo- duty it shall be to visit from time to time, as may be 
deemed necessary, and inspect the various mines belong- 
ing to or under lease from the Crown, to ascertain it the 
laws, stipulations, and agreements relative to the working 
and management of such mines, and to the payment of 
rents and royalties accruing therefrom, are complied with ; 
and if the same are being worked in a scientific, workman- 
like and effective manner, due regard being had both to 
maintaining the value of such mines and providing for the 
safety of, and protecting the persons employed therein, and 
any further duties that may be assigned to him under the 
provisions of this Chapter or of any other act of the 
Province now in force or hereafter to be passed by the 
Legislature ; and he shall from time to time report, in 
g^^ie^. accordance with the facts, to the Commissioner. The salary 

of the Inspector of Mines shall be fixed by the Governor in 
Council, 
commiwioner 6. The Commissiouer of Public Works and Mines, the 
hSfdSffiSS^dnr?*^ ^®P^*y Commissioner of Public Works and Mines, the 
*ngp^8ans.and Deputy Commi^ioners of Mines and the Inspector of 
^ ^^ Mines, shall each hold office during pleasure, and shall give 

bonds for the faithful discharge of their duties in such sums 
as may be fixed by the Governor in Council, and shall not 
fl^unot be In- be dircctly or indirectly interested in any mine or mining 
Minei, &0. operations, or in the proceeds or profits thereof, nor shall 
any of them act as the agent or attorney of any person 
interested therein, under a penalty of one thousand dollars 
for every offence, to be recovered in the Supreme Court 
Depaties ineiigi- ?• The Deputy Commissioner of Public Works and 
bieto AaeembTy. Miucs, tho Dcputv Commissionors of Mines, and the Inspec- 
tor of Mines, shall be incapable of being elected to or of 



UTLEII.] MINBa AND HlSEajLLB. 23 

Bitting or voting in the Hoaso of Aseembly ; &ad aoy or Chap. 9. 

either of them who ahall bo Bit or vote ehttll forfeit two 

hundred dollars for every day on which he sliall eo sit or 

vote, to be recovered in the Supremo Court. None of stuii uke no 

such officers shall take any part or use any influence ■"'"°"^™' 

directly or indirectly in the election of any representative 

to sit ID the Assembly, under a penalty of two hundred 

ddlars for every such offencef to be recovered in the 

SupreoM Court. 

OF ooLO imras. 

8. The Governor in Council, on being satisfied of the gmOTtoriii 
disooverr of gold in any locality, may, by proclamation in oind.bii'^d 
the Sof/cd Gazette of this Province, declare such locality to ^''"'^ 

be a gold district, and assign limits and boundaries to such 
district, and from time to time enlarge, contract, or other- 
wise alter snob limits. 

9. Qaartz mines shall, so far as local peculiarities or A"" '»<'>" 
other circumstances may permit, be laid off in areas of one quuu iDinea! 
hundred and fifty feet along a quartz lode, and two hundred 

and fifty feet across, which shall hereafter be known and 
described aa Class Number One. 

10. Areas shall be laid out, as &r as possible, aniformly, ^^ j"* i^" 
■od in quadrilateral and rectangular shapes. Measure* nr^. ""*' 
menls of areas shall be horizontal, and each area shall be 

boanded by lines vertical with the horizon. 

11. Alluvial mines not under lease at the time of the AUuviui aiaea. 
wing of this Chapter, and allovial mines under lease at 
~H time, but which shall hereafter be surrendered by 

t lessees or become forfeited to the Crown, shall be 

Joat, as far as local peculiarities will allow, as directed 

k the case of quartz mines, the courses of the respective 

imdary lines of such mines to be decided by the Com- 

Kumer ; and the ad vaoce payments or rents and royalties 

jie tbe same as those of qaartz mines. 

fc". There shall be kept at the office of the Commissioner S^^t^ J^' 
jlof record for each proclaimed gold district, and one 
1 OD proclaimed districts or places in which applica- 
r-for areas are made, wherein shall be entered alt 
I fffScationa for areas, with the precise times of their being 
I nd^ shewing the descriptions of the areas applied for, 
' Qit unoQuls paid, the names of the applicants in full, with 
i tbe namo« of the parties paying, tbe amounts of royalty 
I rec«ivod from the licensed mill owners, the names of 
Iha Hc«o»ed mill owners, the amounts of royalty re- 
I wirnl from others tbau licensed mill owners, the names 
I <f th« parties pitying Buch royaltyf the distinguish- 
KMBDara ^ ^^ areas or the numbers of the leases 



22 MINES AND MINEBAI^ [PABT 1. 

Chap. 9. preservation of the peace, the prevention of crimes, the 

detection and commitment of oflFenders, and the carrying 

ont of the provisions of this Chapter. 
GovenMTiii 4, The Govomor in Council is authorized to select and 

COQIlOil to ftp- • 1 1 r • • 

jMfnt Deputy apDoiut, whou auQ as often as occasion may require, a 
pSSic v^to ^ suitable person to act as Deputy Commissioner of Public 
SSviSef* '** Works and Mines for the Province, and to define the limits 
of his authority and jurisdiction ; and by virtue of and 
Such Deputy to during the continuance of such appointment, such Deputy 
haropowewof a Commissioner of Public Works and Mines slmll within the 
^' Province exercise the powers of a Justice of the Peace in 

the same manner and with the same limitations as in the 
next preceding section contained as to the Commissioner. 
Governor in 5. The Govemor in Council is authorized to select and 

^int^in^Mtor' appoint, whou and as often as occasion may require, a 
of Mines. suitable person to act as Inspector of Mines, who shall be a 
competent scientific, practical, mining engineer, whose 
Duty of inspeo- ^qty it shall be to visit from time to time, as may be 
deemed necessarv, and inspect the various mines belong- 
ing to or under lease from the Crown, to ascertain it the 
laws, stipulations, and agreements relative to the working 
and management of such mines, and to the payment of 
rents and royalties accruing therefrom, are complied with ; 
and if the same are being worked in a scientific, workman- 
like and effective manner, due regard being had both to 
maintaining the value of such mines and providing for the 
safety of, and protecting the persons employed therein, and 
any further duties that may be assigned to him under the 
provisions of this Chapter or of any other act of the 
Province now in force or hereafter to be passed by the 
Legislature ; and he shall from time to time report, in 
Qg^jsry, accordance with the facts, to the Commissioner. The salary 

of the Inspector of Mines shall be fixed by the Governor in 
Council. 
commiMioner 6. The Commissioner of Public Works and Mines, the 
SSuiSffiKS^^r-**^ ^®P^*y Commissioner of Public Works and Mines, the 
ingp^sw, and Deputy Commi^ioners of Mines and the Inspector of 
^ ^^ Mines, shall each hold office during pleasure, and shall give 

bonds for the faithful discharge of their duties in such sums 
as may be fixed by the Governor in Council, and shall not 
shau iK)t be In- bo dircctly or indirectly interested in any mine or mining 
Minea. &c. Operations, or in the proceeds or profits thereof, nor shall 
any of them act as the agent or attorney of any person 
interested therein, under a penalty of one thousand dollars 
for every offence, to be recovered in the Supreme Court 
Deputieeineiigi. ?• The Deputy Commissioner of Public Works and 
bietoAaBemWy. Miuos, the Deputv Commissiouers of Mines, and the Inspec- 
tor of Mines, shall be incapable of being elected to or of 



24 



MIKES AND MTNEBAL8. 



[PART 1. 



Chap. 9. 



Records kept by 
Deputies. 



Betums to Mines 
oflSoe. 



Flans of gold 
districts to be 
kept in Mines 
office. 



Duplicates kept 
by Deputies. 



Applications for 
areas, to whom 
made. 



Applications, 
huw made. 



Mining leases, 
how executed. 



covering the areas from which the gold was obtained, ii^ 
respect of which snch royalty was paid : and each Deputy 
shall keep a similar book of record for the gold district 
over which he has jarisdiction, in which similar entries 
shall be made respecting such district ; and each Deputy 
shall each week forward a return to the office of the 
Commissioner, which return shall be a true transcript of 
the entries made in such book of record during the week 
previous to the making of such return, and shall then 
remit to the Commissioner the several sums so paid. Such 
books of record shall be open at all reasonable times to the 
inspection of all persons desiring to see the same. 

13. The Commissioner of Mines shall cause to be 
prepared, and shall keep in his office, plans of all gold 
districts, with the areas numbered thereon, and on which 
all areas applied for shall be distinctly designated by 
numbers. Each Deputy shall prepare and keep a duplicate 
of the plan of the district under his jurisdiction, on which 
all areas applied for in such district shall be distinctly 
designated ; and shall, in his weekly returns, report the 
distinguishing numbers of the areas applied for as indi- 
cated on such plan. 

14. All applications for areas shall be made to the 
Deputy Commissioners for the districts in which the areas 
are situated, if there be Deputies for such districts ; and 
where there are no Deputies for such districts, or where 
the areas applied for are not within any proclaimed district, 
the applications shall be made to the Commissioner ; and no 
such applications shall be received for areas already 
applied for or under license or lease. 

15. Every application shall be in writing, defining the 
area or areas applied for, and shall be accompanied by a 
payment (except in the case of free claims under the 
provisions of this Chapter) of two dollars for each and 
every of such areas ; and the Commissioner of Mines or 
Deputy Commissioner, as the case may be, receiving such 
application, shall endorse thereon the precise time oi such 
receipt. 

16. Every lease granted under the provisions of this 
Chapter shall be executed, on the part of the Crown, by the 
Commissioner of Public Works and Mines, under his hand 
and seal of office, and on the part of the lessee under his 
band and seal, signed and affixed thereto by the lessee or 
his duly authorized attorney ; and, when a lease is exe- 
cuted by an attorney, the instrument conferring such 
power of executing shall be filed in the office of the 
Commissioner before such lease is executed by sucb 
attorney ; and such lease shall be in the form in Schedule 



DILEn.] KINE9 AITD IflKERALS. 25 

A., hereto 4Dnexed, and stiall contsin all the erantB, Ghap. 9. 
demisas, reservatioDa, coveoaDts, promises, proviaions, yorm at iJm " 
conditioDB and agreements mentioned or intended in, the 
hj BTich Schedale ; and shall be subject to, and contain or, 
reservation of, the rights of the owners ot the soil, their 
heirs and assigns ; and such lessee, bis executors, admin- 
istrators or assigns, where soch lease is granted on 
private lands, shall, before making entry on snch lands, 
obtain from the owners thereof permission to enter, either 
by special agreement or in accordance with the provisions 
Id this Chapter, 

17. When the holder of a lease of areas on privntr imwimaLur 
hods cannot make an ^reement with the owner thereof, rfdH^M""!,^ 
for leave to enter and for easements, and for damage to ^^^^w°~ 
nch lands, it shall be lawful for sncb holder to give notice ^««, «c. 
to the owner or tenant to appoint an arbitrator to act with 
SDother arbitrator named by the lessee of the areas, in 
order to award the amoant of damages to which the 
owner or teoant shall be entitled, by reason of the opening 
ud working of a mine in such lands : and if any lessee 
■ball enter and work upon the land leased before he shall 
kave agreed with the owner of the land, or have proceeded to 
have his damages appraised, in accordance with this section, 
the owner may complain to the Supreme Court, who shall 
kte&tigate tbe conplni-nt, nnd if the same is snbstantiated, 
~^all declare the lease to be forfeited. 

The notice mentioned in the last preceding section yotin or ubt- 
j wbeo practicable, bfl personally served on such J^JJS!.' "''"' 
raer, or his agent if known, or tenant; and after reason- 
Is efforts have been made to effect personal serrioe, with- 
t snccees, then sucb notice shall be served, by leaving 
It the last place of abode of the owner, agent, or tenant. 
tliiGh notice shall be served, if the owner resides in- the 
•oontv iQ which the land is situate, ten days; if out of 
I Ihfl county and within the Province, twenty days, and 
if out of the Province, thirty days, before the expira- 
tion of the time limited in snch notice. If the proprie- 
iBt refuESB or declineB to appoint an arbitrator, or wnen, 
hv any other ressou, no arbitrator is appointed by 
Iha proprietor within the time limited therefor in the 
notice provided for by the next preceding section, the 
Ca»toB of the county wherein the lands lie shall, on being 
wUsfied by afBdavit that snch notice has come to the 
bowledge of such owuev, agent, or tenant, or that snch 
Wniftr, agent, or tcoaiit wilfuliy evades the service of such 
Wtice or cannot be found, and that reasonable efforts have 
Ir^d made to effect snch service, and that the notice was 
bfc U the last place of abode of snch owner, agent, or 
1 arbitrator on his behalf 



26 MINES AND MINERALS. [PART I. 

Chap, 9. 19- -A.!! arbitrators appointed under the authority of 
Modo of nroom ^^^^ Chapter shall be sworn, before a Justice of the Peace, 
^"SiteSwr' ^ *^ ^^® impartial discharge of the duties assigned to thorn ; 
and they shall forthwith proceed to estimate the reasonable 
damages which the owners and tenants of such lands, 
according to their several interests therein, shall sustain 
by reason of the opening of necessary shafts and other 
excavBtions, the construction of roads and drains, the 
erection of necessary works and buildings thereon, and of 
the occupation of so much thereof (to be determined by 
the Inspector of Mines in the event of any dispute arising 
in respect thereof) as the lessee may require for all pur- 
poses connected with the opening and working of a mine 
to the most advantage thereon. In estimating such 
damages, the arbitrators shall determine the value of the 
land irrespectively of any enhancement thereof from the 
existence of gold or other mineral ores or metallic sub- 
stances therein. In case such arbitrators cannot agree, 
they may select a third arbitrator ; and when the two 
arbitrators cannot aeree upon a third arbitrator, the Custos 
of the county in which the lands lie shall select such third 
arbitrator. The award of any two of such arbitrators 
made in writing shall be final. 
Proceedings in 20. Whou the porsou or porsous entitled to such 
^aSni?'anoOT- damagos shall be unknown or uncertain, the lessee shall, 
SlniSiiUr??**^ by advertisement published in the Boj/al Gazette at 
lands. Halifax, and in a newspaper (if any) published in the 

county where the lands lie, for at least thirty days, in 
which the lands shall be particularly described, call upon 
all persons having a right to such damages to appear 
before the Custos of the county in which such lands lie on 
or before a certain day therein named, to be not less than 
thirty days after the first publication of such advertise- 
ment, to appoint an arbitrator ; and if an arbitrator is not 
BO appointed on or before such day, the Custos and lessee 
shall each appoint an arbitrator, and all further proceed- 
ings shall be in accordance with the provisions of this 
Chapter ; and the Custos shall receive all moneys awarded 
in such case, and pay the same over to the County 
Treasurer; and when the right to the ownership of the 
land shall be in dispute, the payment for damages awarded 
shall in like manner be made to the Custos, who shall pay 
the same to the County Treasurer. 
Parly paying 21. Pajmont ol such damages, bv the party liable 
fmiioSttuT' therefor, to the persons designated by the award as entitled 
ther liable. thereto, or, if the award snail 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 payment; but any persons subsequently 



TITLE n.] HniES AND KDIEBALS. 27 

olvmiog to have been entitled to tbe damagee so paid, may Chap. 9, 

prosecDte their claims by action for money had and received ~ 

against tbe persons to whom the payment shall have been 
mde. 

22. In case of dispnted or unknown title, tbe Snpreme DUpmad ud 
Conrt, or a Judge thereof, on application of tbe claimant, ^^"^l*" 
shall order the damages paid to the Connty Treasurer to i>»ine Omw. 
be paid to the persona who, on due investigation by suoh 

Conrt or Jodge, shall have established their right thereto ; 
bot DO order Biiall be made until it shall be shown that 
notice has been given sufficient, in the judgment of the 
Court or Jodge, to protect the rights of all persons who 
may be, or who may claim to be, interested. 

23. The leasee, or liceuaee, shall not be implicated 'O ^T'fil^ji!!!!? 
coDtroversies between persons contesting title to the 

damage s. 

24. In DO case id which the award shall fiod the aiDouot J^^JJ^iflJi, 
of damages with safiScieot certainty, shall snob award be mii i> i^ bm 
set aside, because the persons entitled to damages are not *^ 
designated by name, or sofficiently designated, or by reason 

d irregularity as to the persona entitled, or of any matter 
of form; but the Supreme Court or Judge shall rectify 
uy error, or informality, or shall adopt such proceedings 
u may be necessary for determioiog to whom tbe damages 
my be paid, or for otherwise carrying into effect tho 
PTDPisioDS BDd intent of this Chapter. 

25. Tbe parties obtaining licenses and leases under "«»»<» !■•- 
. flu8 Chapter, and those deriving title aoder them, shall be S^iagc tMag 
Isonreraljle for damages that may ensue from the falling in '''™'"'"'* 
^bnd, or tor other injury which may be sustained by the 

rs or" tenauta of such lands subsequent to the 
ment for, or award of, damages required by the fore- 
sections, by reason of the works of the parties 
fining licenses or leases, or of those under them, or 
^ng title from or tfarongb them. 

L All leases shall be lor the term of twenty-one t™I'>' >«"■ 
i; but the holder of any such lease may, at any time, 
Hder the same by notice in writing, signed by him. 
Hod, together with his connterpart of lease, in the 
, . eof the CommiseioDor; bat nothing herein coDtained 
shall bo construed to discharge him from liability in respect 
of any covenants in the lease, for or in respect ot any act, 
matter or thing, for ivhich, at the date of snob surrender, 
lit wot liable under the terms of such lease. 

37. Socli leases may be forfeited on failure to pay the ^^•'"' '"' 

(tipnlated royalties — other than those arising from quartz 

cnubed at a licensed mill — or to keep employed annually 

I M tbe demised premises tbe number of days' labor herein- 

' jtpfioified, or to comply with any other of the. 

"' — — i-atioulations in the leases contained. 



28 MINES AND MINEBAL3. [PABT L 

Chap. 9. 28. The holder of any such mining lease shall not use 
How leneeahau ^^7 P^^* ^^ ^^^ lands 80 demised for any other pnrposea 
owjjemjaed whatsoevor, excopt such as shall be necessary for making 
roads, opening drains, erecting necessary works, buildings, 
and all other purposes connected with the opening and 
working such mines to the most advantage ; and all neces- 
sary ways and watercourses over the demised premises, 
whether expressly reserved in such lease or not, shall be 
considered as reserved to the Crown, and in respect to the 
making, alteration, and use thereof, shall be subject to such 
orders and regulations as the Governor in Council may, 
from time to time, consider expedient ; and all licensees 
and lessees and other persons employed about the mir.es 
on such demised premises, shall use the lands in such 
manner as will be least injurious to the owners and occu- 
pants of such lands, or any other lands lying contiguous 
thereto. 
Amou^of y^ 29. There shall be employed each year on the demised 
mngarea^" ' promiscs a number of days' labor equivalent to one hun- 
dred days for every number one area comprised therein. 
The year for this purpose shall be computed from the first 
day of January, April, July or October, which shall first 
ensue after the date of the lease ; unless the lease shall bo 
dated on one of such days, in which case the year shall be 
computed from the date of the lease : but any lessee hold- 
ing ten or more, but less than twenty areas of class 
^^^^' number one, in any gold district, will not be required, 

during the first year of his holding, to keep employed 
more than three-fourths of the number of days' labor above 
required to be performed per area; in like manner, if 
holding twenty or more, but less than thirty of such areas 
in the same district, he shall be required to keep employed 
only one-half; and if holding thirty or more, only one- 
fourth the above required number of days' labor, during 
such first year. 
Mode of oompn- 30. In Computing the number of days' labor employed 
d?:^'iabor?*'**'by any lessee, at the termination of any year, all or 
any of the leases which he at the time holds of mining 
areas in any one district, which leases shall not contain a 
total of more than one hundred areas, may, for this purpose, 
be tacked and considered as one lease ; and if it is ascer- 
tained that an amount of labor equal to the whole amount 
which he is required to have performed upon the whole of 
the said areas, has been actually expended upon any one 
or more of said areas, the law in this respect shall be held 
to have been complied with, although the lessee may not 
have employed upon the areas in each separate lease the 
number of days' labor required by the last preceding 
fiction. 



TnLsn.] lONEs Am) htnebals. 39 

31. Where a lessee shall have employed iu any one Chap. 9. 
year a part only of the amonnt of labor required to be partwiortdt- 

Cerformed by faim ananally npoo tbe premises demised '^"'^'''Pf^^ 
im in any one district, or under any one lease, tbe wboleisgtia<»Mot. 
of the areas held by him in such district, or under snch 
lease, shall not necessarily beoome forfeited therefor, but 
only a part ol sach demised premises proportioned to the 
number of days' labor ^rbich snob lessee has failed to 
perform, shall become forfeited ; and such lessee shall 
make selection of that part of the demised premises which 
he will retain. To avail himself of the provisions of this 
ueticm, a lessee must make known his selection by notice 
in writing to the Commissioner within ten days after the 
tennination ot the year for the non-performance of labor 
dariug which a portion of the premises demised to him 
becomes forfeited ; and tbe areas selected by htm to be 
retuued shall, so &r as possible, be in a compact block 
i&d not detached from each other, and no number one area 
shall be divided in making such selection. Should any one 
lease contain areas thus retained and also areas which are 
Girfetted, such lease shall be surrendered by the lessee, 
vfao shall receive a now lease of the areas so retained. 
S2. When, from any cause whatever, a leased mine iMMted mine 

fdall become forfeited to the Crown, under the proceed- ""**'" "*"* 
iDgB directed by the sixty-soventh section of this Chapter, 
sUthe right, title and interest which the bolder of ench 
forfeited lease had therein immediately previous to sach 
forfeiture, shall, upon eucb forfeiture, become thereby 
Tejted in the Grown; but the lessee of any mine may, Praim. 
during his lawful occupancy thereof, take down aud 
remove any bouses, b uil a in ga, machines, or other erections 
built or placed by him thereon, notwithstanding that the 
Sme may be considered in law asattacbed to the freehold. 

33. Applications may bo made for a lease of a mine AppiioitkHu lor 
npon lands not lying within any proclaimed gold district jSTin^^"*" 
ud in Buch case the rights of parties and the proceedings jSiSTir** 
to be takeo with reference thereto, shall be governed, as 
br aa possible, by the spirit and provisions of this Chapter, 
hrtiea occupying and staking off areas corresponding in 
tize with those prescribed hereby, shall be entitled to 
priority in the order of their making application. Every 
•Dcb applicant sliail bo untitled to one week, and thereaf^r 
to twentj'-roQr hours' time for making his application, for 
erory Meen miies distance of the mine applied for, from 
tlie office of th^ Commissioner at Halifax. In case the 
hnda so applied for ahall afterwards be included within 
uj gold district, and laid off as hereinbefore prescribed, 
tbe rightH of the occupants shall be respected so far as is 
coqeittent with tlie terms of this Chapter, ou adjusting the 
'*"**"" ** — •'■itween ths oarties m oocapation. 



30 MINES AND MINERALS. [PART I. 

Chap. 9. ^^* ^^ ^'^ cases where mining areas have, previous to 
Mining areas — *^® ^^^^ ^^7 ^^ April, 1864, becH leased, or have been 
leasedb^re let occnpied by Virtue of a Gold Commissioner's authority, on 
Ap^' private lands not subsequently revested in the Crown, and 

with respect to which no agreement has been made, nor 
was on the said first dav of April beine negotiated, for 
Aaaeaament of 1^"^' damages betwecu the lessee and the owner of the 
damages. soil, the Commissioner shall proceed to arrange with the 
owners of the soil for such damages, by mutual agreement, 
or arbitration, and to pay such damages, in the manner and 
form prescribed by the seventeenth and subsequent sections 
of this Chapter, for applicants for mining leases ; and in such 
cases the Commissioner shall occupy, so far as circum- 
stances will permit, the same position relative to the 
owners of the soil which, under the sections above referred 
to, would be held by an applicant for a mining lease on 
private lands, whose application is made after the passing 
of this Chapter, 
Prospecting u- 35. The Commissioner of Public Works and Mines may 
^°^* issue licenses to search for gold, to be called " Prospect- 

ing Licenses," which shall be subject to the rules pre- 
scribed by this Chapter. 
Shape and size 36. Any such Hceuse may include any area not exceed- 
of^ospecting j^^ ^^^^ hundred acres in extent, so as the same shall be 

laid off in quadrilateral and rectangular figures, and shall 
not in length exceed double the breadth thereof. 
Duration of u- 37. Such licenso shall be in force for any period not 
**°*®' exceeding three months from the date thereof. 

Appiioations for 38. All applications for prospecting licenses shall accu- 
^maea? ^ ' rately define by metes and bounds the lands applied for, 
and shall be accompanied by a payment at the rate of fifty 
cents per acre for every acre up to ten acres in extent, 
and of twenty-five cents for every acre in addition to that 
extent. 
Bondtobe^ven 39. Before such license shall be granted the applicant 
by appuoan ^j^^jj ^^^^^ jj^^.^ ^ boud with two surotics to the satisfaction 

of the Commissioner, to recompense the proprietor of the 
soil, in the event of entry being made on private lands, 
for damages done to his lands ; to make the returns at the 
expiration of the license and of the renewal, and to pay 
the royalties hereinafter required. 
Damages against 40. If the proprietor of private lands Bo entered upon 
i^OTsee, how as- gjjj^jj g^^^ damages, he shall, before the end of three months 

after the expiration of the license, make hils claim in writ- 
ing against the holder of such license! detailing the 
particulars and amount of claim ; and if ifie claim is not 
adjusted by agreement between the par^jies within one 
month after notice thereof as aforesaid, if/ may be settled 
by arbitration in accordance with the pro^Ssions of section 



TITLE n.] MINES AKD HINEB&LS. 3} 

17 and subseqaent sections of this Ghnpter; bat in such Csat. 9 

case either of the parties may give the required notice to ' — - — 

appoiDt an arbitrator, and the Cnstos of the connty may 
appoint an arbitrator on behalf of either of snch parties 
neglecting or refusing to make eucb appointment. 

41. The bolder of a proepecting license who shall have aanm oc u- 
hlfilled all the terms and conditions thereof, sbali be ™"^ 
eotitled to a reneTvoI thereof for a second period of three 

months, npon like terms and conditions, except that the 
price of the same space shall be only half that paid on the 
prevtoQS application. 

42. Witliin the period for which the license, or renewed j"?°»" "»j«' 
license, is granted, the party holding thesame shall be jaa^"" " 
entitled to select any area or areas, comprised therein of 

tbaaize and form described in this Chapter; and shall be 
entitled to a lease of the areas selected npon the terms 
inpoaed herein. 

43. No lease, nor any prospecting lieense, shall author* umu or uoni- 
iie entry npon any buildings, or the cartilage appertaining S^°'bSdfS^ 
to any house, store, barn, or bnildii^, or upon any garden, s"^™*. *^ 
orchard, or grounds, reserved for ornament, or under 
nitivation by growing crops, and enclosed; except with b 
the consent of the occupier, or by license from the Gover- 
not in Council, authori^^ing Euch entry, to be granted on 

ipecial application, setting forth the circumstances nnder 
which the same is applied for, and on such terms as the 
cue nay require. 

41. On all leases of gold mines and prospecting licenses Boj^ity. 
totearch for gold, there shall be reserved a royalty of two 
per oeot. upon the gross amount of gold mined. 

4S. Any miner or person btiilding an efficient crusher Penan mtudinK 
^DOt less than eight stamps, in alocality not less than ten S^^^ty K 
— from any other efEcient crusher, shall be entitled to ""^incawi. 
of not more than ten number one mining areas, free 
Ivance payment or royalty, for twenty-one years. 
ue shall contain all the conditions and atipulations 
ordinary gold mining leases excepting atipalations 
fcr jeymentof royalty. 

W. It shall not bo lawful tor any person to Dse or miia mint dc u- 
employ any mill or machinery (other than mills or machi-*"™'' 
nerywcprked by hand) for the crashing or reduction of 
qaarts, vr the obtaining of the gold therefrom by ornshing, 
ttaiiipiog, amalgamating, or otherwise, without a license 
therefor tirHt bad and obtained. 

it- Snob license shall be signed by the Gonnnissiotier ^^"'^ 
oTMitiea. 

4S. The words -'Licensed Mills,'*' when ased in thiBUcBm»i_jiiiii». 
Chapter, shall signify mills and machinery so licensed, and 
the w^rds " Licensed Mill Owner,'' the person or persona 
- »k«m -««K iJMnan ghall bc gTauted. 



. to., daSDvd. 



S2 



MINES AND MINERALS. 



[PART I. 



Chap. 9« 

Bond to be given 
by mill o wner. 



Licensed mill 
owners to keep 
books of ac- 
count. 



Hill owner to 
payrojmlty. 



Mill owner not 
Mying royalty 
liable to actiua. 



Hill owner to 
make monthly 
retoms Hnder 
oath. 



49. Before any such license shall be granted the party 
applying therefor shall enter into a bond to Her Majesty 
in the penalty of two thousand dollars, to comply with tlie 
requirements of this Chapter in respect of licensed mill 
owners. 

50. Every licensed mill owner shall keep on the demised 
premises a book or books of account to be supplied by the 
Commissioner of Mines, which shall at all times be open to 
the inspection and examination of the Commissioner of 
Mines, or the Deputy, or the Inspector of Mines, or any 
other person thereto authorized by the Commissioner of 
Mines ; in which book or books shall be entered a clear 
and distinct statement of all quartz crushed, amalgamated, 
or reduced at such licensed mill, and the following partic- 
ulars in respect of the same : 

I. The name of the owner or owners of each distinct 
parcel or lot of quartz crushed. 

II. The weight of each such parcel or lot. 

III. The date of the crushing of the same. 

IV. The actual yield in weight of gold from each such 
parcel or lot. 

V. The royalty thereon, calculated at two per cent. 
YI. The mine or area (so far as the same is known or 

can be ascertained) from which each such parcel or lot 
was raised. 

51. Each licensed mill owner shall pay or cause to be 
paid, in money, in weekly or other payments, as the Com- 
missioner of Mines shall order, to the Commissioner or to 
the Deputy Commissioner for the District, a royalty of 
two per cent, on the gross amount of gold obtained by 
amalgamation or otherwise in the mill of such licensed mill 
owner, at the rato of nineteen dollars an ounce troy for 
smelted gold, and eighteen dollars an ounce troy for 
unsmelted gold. 

52. In case any licensed mill owner shall fail to pay 
such royalty in the mode or at the times prescribed by or 
in accordance with this Chapter he shall be liable to an 
action at the suit of the Commissioner of Mines as for 
ZQoney had and received to the use of such Commissioner ; 
and such action may be brought, according to the amount 
of the claim, in the same Court which would have juris- 
diction in case the amount claimed were an ordinary 
private debt 

53. Every licensed mill owner shall file in the office of 
the Deputy Commissioner for the District on the first day 
of the month, or, if there be no Deputy Commissioner for 
the District, then in the office of the Commissioner of 
Mines, on or before the tenth day of each month, a return, 
being a copy of the entries in such book or books of 



I' 



TTILB n.] KmES AND ICIKEBALS. 33 

accooDt, for the last preceding montfa,a8 prescribed by the Chip. 9. 

fiftieth sectioQ, which retnrn shall be verified by the 

•Kdavit of the person principally employed in keeping 
anch acconot, sworn before the Commissioner, Deputy 
Commissioner, or a Jastice of the Peace ; and, ou failure 
to make euch retnrn or to verify the same as aforesaid, the 
license of any mill owner may be revoked by the Gommis- 
aioner of Uines, subject to appeal, as prescribed in section 
h& of this Chapter. 

51. Any owner or part owner of any mill or machinery Peuicr '« m- 
lorthe crushing or reduction of quartz or for the obtaining "°*''"^"""^' 
of gold therefrom (other than mills or machinery worked 
l>y naod) which shall be engaged, used or employed for (he 
traabiDg or reduction of quarts, or the obtaining of gold 
therefroQi, without a license therefor first had and obtained 
IS prescribed by this Chapter, and any person 
engaged as agent, servant, workman, olerb, or otherwise, 
in soy «ach mill, shall forfeit and pay the sum of four 
bandred dollars lor each such offence; and for every day in 
vhicb such offence shall be committed, the same shall be 
tOEuidered a tiew oETence. . 

55. Wheu the account books prescribed by this Chap- Fnad,iH>wpDD- 
tar, or any of the accounts hereby required, shall be frao- '■'"•^■ 
doleQtly or falsely kept, or the affidavits hereby prescribed; 
oraay of them, shall be false or fraudulent, the license to 
ill in respect of which the offence has been committed, 
e revoked. 
The Cunimissiouer of Mines shall have authority to Dodaionotoxn- 
iaquire into iiny such alleged fraud, and to revoke such SllS""'' "** 
" iQ if eatisBed that such fraud has been committed ; but 
idgment shall be subject on appeal to tbe revision of a 
■ at Chambers, who shall make such order in respect 
same as shall bo agreeable to law and justice, and if 
^ thinks fit may order any question of fact to be tried by 
ijurjr. 

61. In addition to the forfeiture of license, any licensed ranberpeaMy 
ttili owner in respect of whose licensed mill such fraud " "" ' 
tiiiJI have been committed, shall be liable for each offence 
loipenalty of not more than two thousand dollars, to be 
'etoTered in the Supreme Court, in the name of the 
ConuDissioner. 

M. Every licensod mill owner who shall in all respects commiMon to 
I"'* complied with tliis ChEipter shall be entitled to receive o'S^.'' " 
fninthe Commissioner of Mines, at the end or expiration 
(^ erery three months from the date of bis license, a sum 

kt^val to Sve per cent upoa the amount paid over by him 
Vn^ty dorioff such period; but no such per contage "*™p"™- 
pD ba paid in ^o case of free leases. 



34 MIKBS AND VIKEBALS. [FART I. 

Chap. 9, 59. A licensed mill owner may at any time surrender 
Mill lioenae. how ^^^ HceDse by delivering the same into the oflSce of the 
Rurrendered. Commissioner of Mines, with a written sorrender endorsed 
thereon: bat no such surrender shall take effect till after 
the lapse ot ten days from the filing, at the office of the 
Commissioner of Mines, of a notice in writing of the 
intention of such mill owner to surrender the same. 
Meet of Barren- gO. Upon such a Surrender taking effect as aforesaid, 
such mill shall cease to be a '* Licensed Mill/' until 
again licensed under the provisions of this Chapter. 
Construction of 61. The licensed mill owner so surrendering his license 
mui^owner't ^^^ y^ suretios shall remain liable under their bond for all 
obligations accruing thereunder up to the time when the 
surrender takes effect, as aforesaid, but shall not be liable 
for obligations accruing thereafter. 
Lesaees of mines 62. Lossees of miuos dhall be bound to make to the 
1^ wJwnE!*'^**^" office of the Commissioner of Mines or to the Deputy 
Commissioner for the District, within ten days after the 
first days of January, April, July, and October in each year, 
true and correct returns to the best of their knowledge 
* and belief, on forms to be supplied by the Commissioner of 
Mines, in which shall be comprised the following par- 
ticulars : 

I. The number of days* labor performed on the demised 
premises during the preceding quarter. 

II. The number of tons of quartz raised from the de- 
mised premises during the preceding quarter. 

III. The person or persons to whom the same has been 
sold, or disposed of, and the different lots or parcels in 
which the same has been sold or disposed of, with dates. 

IV. The weight of all quartz sent by him during the 
quarter to any licensed mill, and the name and description 
of the mill to which the same has been sent ; and when 
the same has been sent and kept in distinct parcels, the 
weight of each separate parcel. 

V. The yield of each separate parcel or lot; as returned 
and allotted by the mill owner, with the date of allotment. 

VI. The total quantity of gold obtained from the mine 
in any manner during the quarter, distinguishing that result- 
ing from the quartz crushed at licensed mills from the gold 
otherwise obtained. 

Such returns shall be verified by affidavits to be made 
berore the Commissioner of Mines or one of the Deputies, 
or a Justice of the Peace. 
Lessee's liability 63, The lessco of oach mine shall be liable for royalty 
for royalty. upou all gold obtained from his mine in any other way than 
from quartz crushed by licensed mills ; but he shall be 
exempt from any claim in respect of gold obtained from 



( 



TITLE n.] miBs Aim tmrBBiiB. 3S 

quartz 80 erasliecl, tbe liability a( the mill owner for sacb Chap. 9. 
royalty being substituted for that of the losaee. 

64. When any parcel of quarti from a free mine shall Sajkit^roHid 
bare been crnsbed at a licensed mill, the owner of the JSiSl'^ 
quartz, on proof of the facts to the satisfaction of the 
GoiamissiotieT of Mines, shall be entitled to receive from 
the Commissioner of Mines the amount dednoted by the 
licensed mill owner, and paid as royalty tinder the prof i- 
U008 of tbis Chapter. 

$5. In case any bolder of a lease granted noder this lsbm not pw- 
Chapter shall fail to make payment of any royalty accro- SS taSISt 
ing under the terms of section 63 within ten days after 
the time prescribed by this Chapter for makiag his retnm 
to the Commissioner of Uines or the Deputy Gomaissioner 
for tbe Distnct, he shall be liable to an action at the snit 
of the ComraisBloner of Mines, as for money had and rci- 
ceived to his use for the value of the royalty so accruing. 

66. Sach action may be brongbt, according to the inunuofoam- 
amonnt claimed, before the same coart which wonid havo ^i^iSTd^St'" 
jurisdiction in case the amount claimed were an ordinary 

private debt ; and on a change of CommisBioner of Mines, 
actions prosecuted by him shall be continued and proeeoq- 
ted by his successor in sach mauaer as the court thal^ 
direct; and a Commissioner may prosecnte in his Wf^ 
naow, aa for noney had aad received to his nsa, although 
tbe same shall have become due to a previous CoouiM3<. 
eioner. 

67. In any case of liability to forfeiture of any goWit™»w««»i» 
mining lease for non-compliance by the lessee with tbe ti»'^f i^ll^^ 
terms, stipulations, and conditions therein contained, or,'^^'"""' 

Sthis Chapter reqairod, the Deputy Commissioner for 
I District, or (if the leased premises are not within a 
proclsiraed gold district, or are in a gold district where 
there is no Deputy CommissioQer) the Commiasioner of 
Jtiaes shall cause a notice in the form iu Schedule B to be 
OBrsbnally servtjd upon the lessee (or some or one of tbe 
unees, whore more than one are included in tbe lease) 
^ tf hie agent or person principally employed on tbe promi- 
, MM, or shall cause sach notice to be posted upon the 
ptflmises leased where no person can be iound upon whom 
10 make service thereof, informing him of such charge 
ad appointing a time (not less than thirty days after the 
service or posting of ench notice) and place for the invea- 
ligation of the same ; and a duplicate of such notice shall nnpiEata uo- 
aliio be posted up in the office of the Commissioner anded.'udhair'"** 
vnoUicr in that of the Deputy for the Diatrict, if any there '■"*■ 
b«, for at least thirty days next previous to the time bo 
B{»poiiit«d; and such duplicate shall be kept so posted for 
I atiSMt Uiiitjr days aller the iaveBtigatioa and aecisioQ o{ 



36 HIKES AND MINEBALS. [PART I. 

Chap. 9. t^® case, with the decision and the date of such decision 

briefly noted thereon, 
prooeedingsan- 68. At the time and place appointed the Commissioner 
toj^Mttofor- Qp Deputy who issued the notice shall proceed to investi- 
gate such case, and the service and posting of the notice 
shall be proved, either orally at the investigation, or by 
affidavit sworn before a Commissioner of the Supreme Court. 
Upon proof of such notice, and upon hearing the evidence 
relating to the case, which shall be taken in writing and 
signed by the witnesses, the Commissioner or Deputy, as 
the case may be, on being satisfied of the non-fulfilment of 
the conditions of the lease, or of the provisions of thin 
Chapter, shall give judgment forfeiting the lease and 
Judgment of for- rc-vesting the premises in the Crown: and such judgment 
feiture, form of. gh^H bo iu the form in schedule P, and shall be signed by 
the Commissioner or Deputy Commissioner who shall have 
heard the case. 
Depaty to for- 69. In casc the judgment is given by a Deputy Com- 
£?*to*5Smmi»- missioner he shall in every case forward to the Commissioner 
aioner. of Miucs the docisiou, with all papers connected there- 

with; and such Deputy Commissioner shall keep true copies 
of such papers in a book to be kept for that purpose. 
Appeal from 70. If withiu thirty days after the decision the lessee, 

mSS«? ^"' ®S^'°^^" whom the decision was made, or any person acting 
on his behalf, give notice to the Commissioner of Mines 
that he is aggrieved at the decision of the Deputy Com- 
missioner, and appeal against it, the Commissioner shall 
appoint a time and place for hearing such appeal, of which 
such lessee shall have reasonable and timely notice ; and 
at such time and place the Commissioner shall proceed to 
investigate the case anew and decide upon the whole facts 
thereof. 
Appeal from 71. From the judgment of the Commissioner of Mines, 
oommisdonerto either in the first instance or on appeal, the party intorest- 
^' ed may appeal to a Judge at Chambers, provided that 

notice of such appeal be given to the Commissioner of 
Mines, if in the first instance within thirty days, or on 
appeal within ten days from the date of his decision; 
provided also that the party appealing shall, on applying 
~ r such appeal, make and file with the Commissioner of 
ines an affidavit that he is dissatisfied with such judgment, 
and that he verily believes the lease has not been forfeited, 
and that the conditions in respect of which the forfeiture 
has been declared have really and truly been performed 
and fulfilled, and shall within the time limited for appeal 
enter into a bond with two sufficient sureties in the 
penalty of fi^fty dollars, to enter and prosecute his appeal 
according to the provisions hereof, and pay all costs which 
may bo adjudged against him by the Court of Appeal. 



ma< 



Mi 



TRLE n.] XIKES AND lOMERAU. 37 

72. Od snch appeal being perfected the Comroiosioner Chap. 9. 
oi Mines shall transmit to tlie Prothonotary at ETalifax the 5^5^™^ — 
rotes of testimony taken before him; and tho Judge at '■"'<«■ 
Chambers ehall confirm or set aside the judgment, or make 

such order thereon aa is agreeable to justice and in con- 
fbrmitj with lair. 

73. If the Jodge 8h»II consider that the case involves ^^^"5^ 
qnestions of controverted fact on which he i? of opinion toajwy. 

iiat the verdict of a jury Bbould pass, he may make an 
order for the trial of the qaestious of fact in the county 
where the land lies, in which case all the papers ehall be 
tnasmiited to the Prothonotary of that county ; and the 
canse shall come on for trial in its place in the same way 
u ordinary appeals ordered to be tried by a jury, 

74. Upon thn finding of the jury on the facts, the f<iui jadgmeDt. 
Judge shall pronounce jadgraent on the whole case. So 
BooD as judgment declaring forfeiture of the lease shall be 
given, either by a Deputy Commissioner without appeal, 
the Cnmmissioner without appeal, or by the Court of 
Appeal when the Commissioner's judgment is appealed 
froiD, the lessee and all persons holding under him 
diaJI thereafter cease to have any interest in the mine 
leased, and a minute of the judgment declaring for- 
li»tnre shall be registered in the office of the Commis- 
Koner of Mines on the expiration of the time limited for 
ippeal, in the same manner as prescribed by this Chapter 
&>r leases and transfers; and the leased premises shall then 
^cpen \a be leased to any other applicant in the same 
warns if 110 leiise thereof bad ever passed: and pending 
tlie proceedings between the delivery of the first judg- 
I Dient and any subsequent judgment on appeal therefrom, 
V (nch lessee ahali suspend al! mining operation!* on the area 
■iteged to be forfeited: otliorwise be may, at the discretion 
oftbe Commissioner, be liable to be treated as a trespasser 
I H hereinafter directed. 

75. No applications for leases, or prospocting licenaes iTo«pDii»tiDii. 
for forfeited areas, shall be received nntil the time limited i^reoeiraii 
for appeal has expired, and all appeals are finally deter- J^'jj'^''"'«' 
mined, and the judgment declaring forfeiture registered, 
wherein provided. 

i6. Tho Commisaioner of Mines shall have power by Jotanent^ 
warrant, under his limid and seal, addressed to the Sheriff eaiornd!' 
"Tflnj- constable of tho county wherein the gold district 
lilts, to osUse any person unlawfully in possession of a 
nine 9o adjudged to be forfeited, to be removed from the 
pOfiseMioo and occupation thereof.; and, upon receipt of 
lOfL warrant, the Sheriff or constable to whom it is 
■hrocled shall imraediatoly execute the same. 
. n. Anjr person found' ooining in any lands belonging to ^S^i^iSto- 
| p H im fl aa w B. n » tn ^ private proprietor, tho minerals in lag. 



38 HINS9 AND U1NEBAL8. [PABT K 

• 

Chap. 9. which belong to the Crown, or entering thereon for the 

pnrpoRe of mining, shall be liable to a penalty for each 

offence of not less than ten dollars nor more than tifty 
dollars ; but this section shall not extend to parties pros- 
pecting or searching for mines. 
Srt^Mo?*^ 78. Parties violating the provisions of the preceding 
section shall be considered guilty of a distinct offence for 
every day they shall unlawfully mine. 

cSSi*?JS^SSi '^^' ^° complaint in writing made to any Justice 
miniBC. of the Poaco of the county in respect of such unlawful 

mining or entry to mine, the Justice shall issue his warrant 
to apprehend the offender and bring him before the Justice 
to answer the complaint, — such Justice shall thereupon 
forthwith enter upon the investigation of the complaint ; 
and, in case he shall find the party guilty, impose such 
fines or penalties as the party mav have incurred under 
the provisions of this Chapter. Id case the defendant 
requires time for the production of witnesses for the 
defence, the Justice shall adjourn the investigation for 
any period not exceeding six days, on being satisfied by 
affidavit that such tnne is required for that purpose ; and, 
in such case^ the defendant shall be committed to gaol^ 
unless he gives security to the satisfaction of the Justice 
to appear at the time and place appointed for such 
adjourned investi^tion. 
Ap^ifiromJiu. 80. The decision of such Justice shall be subject to 
tioBB dedBion. ^ppQ^^]^ g^g jq ordinary cases ; but before such appeal shall 

be allowed, the appellant shall give a bond, with sufficient 

sureties in double the amount of the penalty and costs, to 

appear in the Supreme Court and obey the judgment 

thereof, and pay such costs as the Court may award. 

•«K>id aniawftiiiy 81 « Oold in quartz or otherwise, unlawfully mined oi> 

^^^JjJ*j5ro^ ^^^ property of any lessee of the Crown, shall be con- 

tyof owjerof gidered m law the personal property of the owner of the 

mine. Howie- . , ,* xi« ii»xi 

covenbie. mine ; and a search warrant may be issued for the same 

by any Justice of the Peace for the county, in the same 

manner as for stolen goods ; and, upon the recovery of 

any gold under such warrant, the Justice shall make such 

order for the restoration thereof to the proper owner as 

he shall consider right. 

vothiag benin 82. Nothing in this Chapter contained shall prevent 

1«mediL^^^^^ Her Majesty from having or using any other remedy now 

of orofwn. available to recover possession of any mine forfeited from^ 

causes cognizable before the Commissioner of Mines, or 

from any other cause from which the same may be liable 

to forfeiture. 

Appeal fKwn 83. Any party aggrieved by a decision of the Coix>> 

dedsionastoap-missioner 01 Miucs respecting any application for a pros- 

<S^^^ieM«!' pecting license^ or a lease of a gold area, or a license to 



TITLB n.] lUHES ASD MDIERALS. 3| 

search, or a license to irork, of any area other than a gold Chap. 9. 

area, may appeal from eucli decisioD to the Supreme Goart, 

at the next TerEQ thereof, at Halifax, 

84. Any party desiring to appeal from such decision J^j™^"* 
sball give notice in writing to the Commissioner of bis petL "^ 
intention to appeal withia twenty days after such decision, 
or within twenty days afler such decision being made known 
to the party dissatisfied therewith, bat always within one 
year from the date of such decision ; and shall make and 
tile with aadb notice an affidavit, sworn to before a Gom- 
missioDer of the Sapreme Court, that lie is dissatisfied 
with sucli judgment or decision, and that he verily believes 
ha is eatitled to the liceneo applied for, and shall also set 
forth therein the grounds of his appeal, and shall within 
ten days thereafter enter into a bond with two sureties, in 
the penalty of two handred dollars, to enter and prosecute 



his appeal, according to the provisione of this Chapter,ftad 

Sy all costs which may be adjndged against him by the 
art <^ Appeal; and thereupon the Commisaioner shall 



file such notice and affidavit, together with all papers and 
docnoients connected with such appeal, with the Prothono- 
tarj' at Halifax, on or before the first day of such Term. 

85. The provisions of the foregoing sections from 8 tosMtic 
84, botli ioclnded, shall apply exclusively to gold mines; ^^ 
except where any ot such sections are expressly men- kquI] 
tioned to apply to mines other than gold mines, or where 
the provisions of such sections are extended to mines other 
than gold by the subsequent sections of this Chapter. 



OF UISEB OTHEK THAN GOLD UINES. 

The Ci<mmissioner of Mines may upon application uomMta 
grant licenses to setirch to be in force for onejetf from SnSd!"" 
the date of application therefor, to enter upc^mny lands 
in this Province, not already under license or lease for 

I^Dg purposes, and to dig and explore for such minerals, 
n than gold, as the Crown holds for the benefit of the 
Tince ; a bond being first givea to the Commissioner of 

ines with sufficient sureties, to be approved by a Com- 
mittee of tbe Executive Council, that in the event of entry 
being maJe upon private lands, recompense shall be made 
for damages iu the manner hereinafter provided. 

87. No such application shall be valid unless accompa- rse. 
nied by a payment of twenty dollars; and the license to LfimwnM 
•eareh may cover any single tract of ground not exceeding ?,i^^JS 
five square miles in extent, but not more than two and a 
hall Diiios ia length. 



40 HINES AND MINERALS, [PABT T. 

Chap. 9. 88. Upon such application and payment being made^ 
Survey aod de- ^^^ Commissioner of Mines, where necessary, shall causo 
jjf^^^op of the lands applied for to be surveyed and laid off, and a full 
description thereof shall be embodied in the license to 
search, but no such license shall authorize entry upon any 
lands which in accordance with section 45 of this Chapter 
are forbidden to be entered upon, except as in that section 
excepted. 

b?a?Sifo£ u? ^^' '^^ ^^^^ ^^ ®"^^ survey shall be (Jefniyed by the 
oensee. who Iicenseos or Icsseos, and the search for minerals under such 
c^Im?wionCT! licenses shall be made free of all expense to the Govern- 
ment; and the holder of the lieepse shall within the time 
that the same sliall be in force, and with all convenient 
speed, make a full and correct report of the resolt of his 
exploration to the Commissioner of Mines. 
License, how re- 90. Tlie Said liccuse to search may be renewed for a 
further period of twelve months, on application therefor to 
the Commissioner af Mines, setting forth the special 
circumstances of the case, not less tlian thirty days before 
the expiration thereof, and on payment of the further sum 
of twetity dollars; subject, however, to the approval of the 
Governor in Council, upon consideration of the special 
circumstances submitted. 
to?eS«how^ 91. When a license to search for mines other than gold 
same area grant- has been granted, it shall be lawful for the Commissioner 
oonditi^? of Miues to grant other licenses to search over the same 
area ; provided that he shall grant no more licenses than 
there are areas, ot one square mile each, contained within 
the area so first licensed; and after the first licensee has 
chosen his one square mile the others shall select theirs in 
the order of their licenses — provided that tlie right of 
search of the second licensee and his license shall cam- 
menQMmmediately after the expiration of the license or 
renehJ^ )||ense of the first licensee or on the selection o-f 
his square^Ile by the first licensee: and the third license 
shall commence at the end ot the right of search of the 
second or his selection of his square mile as aforesaid, and 
so on until the whole area is disposed of. 
Damages aaoer- 92. If the proprietor of private lands entered under 
of gold mi^esT*' such license shall seek damages, the proceedings for ascer- 
taining the amount of such damages, and making payment 
of the same, shall be the same as provided for by this 
Chapter in the case of prospecting licenses for gold, 
g^nseemoyae- 93, The holder of a license to search may at any time 
.jgie, and apply beforc the oxpiratiou thereof, select from the land covered 
wiiujenseio j^y ^^^j^ Hceuse, au area of one square mile, for the pur- 
pose of working the mines and miqerals therein ; and may 
make an application in writing to the Commissioner of 
Mines for a license to work the same, which application 
J^^ shall be accompanied by a payment of fifty dollars. 



htlsh.] hiksb and mnebals. 4 

34. Upon encli application and payiuQUt being made, Chap. 9. 
the Commissioner of Minee shall canse the portion 



aelected to be surveyed and laid off, and the applicant shall iqa»ro'inii«*.t 
defray the expense of such survey, which said portion """' "'*°™' 
eballbe in one block, the length of which shall not exceed 
two and a half roilea ; and the ptyrson making Buch survey 
sball make a fnll and accurate plan thereof, and transmit 
the same to the Commissioner. 

95. All the provisions herein contained relative to pvtain pmru- 
Kttlement by agreement or arbitration, with the owiier of umbudtor. 
the soil, where the same ia private land, for damages done l^iSSws'I^ta*'^ 
to his land, and to payment therefor, as set forth in ™^ «"''* 
■ections 17 to 25 inclusive, and to the occnpntion of such 
lands as set furth in section 28, and to the exemption of 
certain descriptions thereof from liability to be entered as 
specified in section 43, and to the vesting of interests for* 
feited under this Chapter, as specified in section 32, shall 
beipplicable and in lorce in the case of mines other than 
gold mines, equally as in gold mines. 

%. Upon complying with the requirements of this orutiog of 11- 
Chipter the applicant shall be entitled to a license to Sj^.^i^*"™' 
occQpy and vork the one square mile applied for ; the 
bond given for the license to search, under which the 
license to work was obtained, remaining in fall force and 
firtne. 

9T. Every license to occnpy and work shall be for a iioe»«e to worn 
term of two years from the date of application, and shall Jl^'^^ap. 
be extended to three years npon the additional payment J^'J!^3^"r 
by iho holder of the license of one half of the amount ""eye"- 
origioally paid for such license; and within such term the 
bolder of the liiionsn shall commence eCTective minine 
' ~peratioDs, and shall continue the same in good faith until 

5 termination of »uch term; and in case the same person qm ot hoidw 
I bold licenses to work over several areaa adjoining w^^J^lj^,' 
b other, not to exceed five areas, the Commissioner of 
« shall determine what shall be sufficiently effective 
g operations over all the areaa combined. 
The holder of a license to occupy and work, or ^;?*'^£J"i 
fer^resenting him, having complied with the terras of uosu^to wgrk. 
It preceding !«ectioa, shall on, or before, the terminer 
I'hu license, be entitled to a lease of the premises 
ifl'therein, which lease shall contain all the ordinary 
B of mining leases, with such conditions aa the 
' in Conncii may think neceaaary to ensnre the 
and safe working of the mines on such 

W. Any party may apply for a license to occupy and ueeaw t^™^ 
»>>rt any vacant mine, n-itbont having previously obtained S^butom. 
gf^lU^itirtar a ticenae to search, and in each case his *^ «*'»»«>■ 



42 MINES AND MINERALS. [PART I. 

Chap. 9. applicatioo shall embody a description of the area applied 
for; and upon complying with all the antecedent conditions 
hereinbefore set forth, except those which relate solely to 
licenses to search, and a bond being given to the Commis- 
sioner of Mines as for a license to search, he shall be 
entitled to such license to occupy and work. 
Govenwr In ^00. The Govemor in Council may, by special order, 

^uncumay^pw- authoHze the granting a lease, or license, to occupy and 
ceiue to oooapy work a larger area than one square mile, if on investigation 
k!f^]^th^ of the special circumstances of the case he may think the 
eqnaro mile, public interests would be better subserved thereby, and in 
such case may impose such further conditions, not at 
variance with the spirit of this Chapter as may be deemed 
just, 
f*^ ^^^lai 101. Leases of mines other than gold mines, granted 

in same manner •• .1 • . r ^1 • 1^1 P n 1 it 

as gold leases, uudor the provisious of this Chapter, shall be executed by 
the Commissioner and the lessee in the same manner as 
provided in section 16 of this Chapter for leases of gold 
mines. 

Form and dura- (a) Loasos of coal miucs shall contain all the condi- 

SSminSr"**' tions, provisions, provisoes, and reservations heretofore 
contained in such leases, or that may be required under 
the provisions of this Chapter, and shall terminate on or 
before the twenty-fifth day of August one thousand eight 
hundred and eighty-six. 

Of other mines, (b) Loascs of miucs Other than gold or coal mines shall 
be for the term of twenty years, and shall contain all the 
conditions, provisions, provisoes, and reservations usually 
contained in such leases, or that may be required for the 
safe and proper working of the mines, or that may be 
required by an order of the Governor in Council, or by 
this Chapter or any Act hereafter passed by the Legisla- 
ture of this Province ; and such leases may be renewed on 
the same terms and conditions as provided in section 102 

Renewals not to as to coal miuos, but such renewals shall not extend or be 

Sy»r8^^° construed to extend to a period beyond sixty years from 
the date of the lease. 

Surrender of fc) Auv Icaso mav at auv time be surrendered by the 

lease same as of , * -' . . / "^ •', . • -i i. It- 

gold lease. lossoo lu the samo manner and upon terms similar to those 

hereinbefore prescribed for the surrender of a gold mining 

lease. 

Coal lewe not fd) A Icssoo of a coal mine granted under this Chapter 

witho^p^s- or any Act passed by the Legislature of this Province shall 

"^^ °L^Mcii. liot at any time during the term of his lease, or any renevyal 

thereof, assign, transfer, set over or otherwise part with 

the premises granted, or any part thereof, or such term or 

any portion thereof, to any person whomsoever, without 

the license, consent, or approbation of the Governor in 

Council, first had and obtained for the purpose, and signi- 



emorj 



TRLB n.] MINES AXD HIN8BAL8. 4 

fied nnder *the band and seal of ths CommiBsioDer of Cbap. 9, 
Mines. 



102. Leesees of coal minoB in this FroviDco, their ('Miia 
exBcntora, administratora and assigDB, Iioldiog leases from "~ 
the CrowD, or from the CommissioDor of Mines, made since 
the firat day of Janaary, A.o. 1858, or hereafter to be made, 
ihall, apoD giving notice in writing to the GommisBioDer of 
Mines at least six months previous to the expiration of 
inch leases, respectively, of their intention to renew Bach 
laues. respectively, for a farther period of twenty years 
from the expiration thereof, be entitled to a renewal thereof 
fDTBnch extended t«rm upon the same terms, conditions, 
and covenants, as contained in the original lease, and in 
lite manner apon giving alike notice before the expiration 
of such renewal term, to a second renewal and extension 
of term of twenty years ^m and after the expiration of 
nch renewal t«rm, and in like manner opon giving like 
notice before the expiration of snob second renewal term, 
tok third renewal and extension of twenty years from 
ud after the expiration of such second renewed term: 
pmvided that at the time of giving such notices, 
Hid the expiration of snch terms, respectively, the 
■id lessees, their execotors, administrators, and assigns, 
iraaod shall continne to he bon& Jide vrorkiog the areas 
oomprised within tbeir respective leases, and complying 
with the terms, covenants, and stipulations in their 
twpectiv© leases contained within the true intent and ijnj,^„ 
Bieaoing of aection 109 ot this Chapter; and provided that 
in no case shall such renewal or renewals extend, or be 
oonstnied to extend, to a period beyond sixty years from 
I the twenty-fifth day of Augost, A.D. 1886. 

k^l03. New leases in accordance with the provisions of i("* imwi 
■Afa Chapter niav be esecated to all parties now holding f^Sm oi" 
^■^ which will expire in the year 1886. ^ '"^ 

^^Bt. The General Mining Association shall, at the Beiwni of 
^^^ntion of the term of their lease, be entitled to h^SZ^Am 
' TMniwal as respects each mine that shall then be worked "°°- 
bf them, upon the same terms as apply to other lessees; but 
taa renewed leaso shall not inolnde in respect of each 
tniae worked a larger iirM than wonld be granted to other 
perMoa or companies; eo that all leases of coal mines may, 
•fter tito expiration ol I!ie Association's lease, stand on an 
•qtnl looting as regiirds areas and otherwise. 

105. In the granling of leaBOS hereafter there shall be ^^^[J '' 
rgservcd as a barrier a space of tea yards in width run- lo wSth I 
Bing all aronnd the area leased, which barrier shall not be um™° 
cnuned or mined except by the consent of the owner of 
tte S'ljoinin? area, and by the order of the Governor in J^'^.J!^ 
■^ CoB&ctl f «aa ia caae of a miue in lands covered with water j*^^- 



44 



MINES AND MINERALS. 



[part I. 



Chap. 9. 



Royalties. 



Onooal. 
Exceptions. 



Proviso. 



On iron. 
Other orw. 



Payable quarter- 



Under certain 
conditions tvo or 
more oantiffuous 
areas may oe 
treated as one. 



the barrier or reservation as above shall be twenty-five 
yards in width, and shall not be opened or mined unless by 
the consent of the owner of the adjoining area, and by the 
order of the Governor in Council. 

106. All ores and minerals (other than gold) mined, 
wrought, or gotten under authority of licenses and leases 
granted under the provisions of this Chapter or of any 
Act heretofore passed by the Legislature of this Province, 
shall be subject to the following royalties to the Crown for 
the use of the Province, that is to say : 

Nine cents and seven-tenths of a cent on every ton of 
two thousand two hundred and forty pounds of coal, ex- 
cept (a) slack coal, that is coal that shall have passed 
through a screen the bars of which are not wider apart 
than three-quarters of an inch, (b) coal used for domestic 
purposes by the workmen employed in and about the 
mine, and, (c) coal used in mining operations in and about 
the mine from which such coal has been gotten ; and pro- 
vided that, where there shall have been mined, wrought, 
or gotten in any one year over and above two hundred 
and fifty thousand tons for each square mile contained in 
the license or lease, besides the coal so excepted from 
royalty ,each ton so mined above the two hundred and fifty 
thousand tons shall be subject to a royalty of six cents 
and forty eight hundredths of a cent only. 

Three cents on every ton of two thousand pounds of 
iron ore ; and five per cent on the value of all other ores 
or minerals. 

Such royalties shall be paid quarterly on the first days 
of January, April, July, and October, in each and every 
year (except where otherwise stipulated in the license or 
lease), and shall be paid to such persons and in such places 
as the Governor in Council may direct. 

107. Where a lessee of mines other than gold holds 
leases of two or more, but not exceeding five, contiguous 
areas of a square mile each, such leases may be treated as 
a single lease, as in the case of leases of gold mines ; 
provided, nevertheless, that payments of royalty shall be 
made on each square mile as if in a separate lease ; and 
that if such lessee shall in any one year have wrought or 
gotten more than two hundred and fifty thousand tons of 
coal, liable for royalty, from the mine or mines held under 
such leases, there shall be no reduction of royalty upon 
such surplus from nine cents and seven-tenths of a cent to six 
cents and forty-eight hundredths of a cent per ton, except 
upon so much thereof as shall in the aggregate exceed 
two hundred and fifty thousand tons for every square mile 
80 included. 



TITLRn.] HDIEa AND lONERALS. 4£ 

108. On or before the tenth day of each of the mootha Chap. 9. 
ot Jannarj, April, JnJy and October in each and every QuutsnnB- 
fear, the owner, agent, or manager of every mine (other Jj'™''''j'm. 
than a goM mine) leased from the Crown, shall send to the muie. ud h^« 
Commissioner a correct retarn specifying the qnantity of "'^ 

coal, iron ore, or other mineral wrought or gotten in snch 
mm, the probable nse and destination of the same, and 
Hie amonnt ot royalty which has accrued npon such mate- 
rial extracted daring the last previou!! quarter; and on or 
belore the last days of January, April, Jaly, and October 
ia each year, a correct retnm specifying the number ot 
ilays' labor and the number of persons ordinarily employed 
in or about sucli mine below ground and above ground, 
and the different classes of the persons so employed, and 
the cost and description of all the shafts, quarries, slopes, 
lerele, planes, works, machinery, tramways and railways, 
innk, driven, opened, or constracted daring the preceding 
qnarter. 

Such retnrns shall be sworn to by two or more credible 
peTKtos principally employed in or about the working and 
management of such mine, before the Commissioner or a 
Jngtice of the Peace. 

109, Where it shall be represented to, or come to the Procerfim ia 
faiowledge of, the Commiaslonor of Mines, that any mines ^k»ci. 

or minerals claimed under a laase from the Crown, or under 
ilease granted pursuant to this Chapter, have been aban- 
doned for the space of one year, have not been effectively 
aadcontinnonsly worked, or have been worked only color- 
or to prevent a forfeiture under the terms of such 
^the Commissioner of Minos shall cause a notice, to 
effect of the form in 3chedale £, to be personally 
npon the lessee, or soma or one of the lessees, 
tnore than one of them are included in the same 
or bis or their agent or person principally employed 
i premises, or shall cause such notice to be posted up 
the premises leased, where no person can be found 
fbom to make service thereof, informing bim of each 
sod appointing a time, to be not less than six months 
lu service or posting up of such notice, and also a 
» the investigiiiion thereof. At the time and place 
1, the Commissioner of Mines shall proceed to 
such case, and decide thereon, and shall there- 
notice of bis decision to the lessee, or his 
^y cansing snch notice to be served, or posted ap, 
itf section above directed; and if, within snch term 
moatbs, the lessee or his assignee shall and do 
» and prosecute effective mining operations, 
ntisfnctron of the Commissioner of Public 
according to the true intent and mean- 



rriwe ; 
tthyev 



46 HIKES AKD MINERALS. [PABT I. 

Chap. 9. ^^S ^^ ^^^ terms, covenants and stipulations in the lease 
' contained, and of this section, such mining areas so leased 

shall not be forfeited. 

S^MopOTi-*** ^^®* ^^ mere colorable working shall prevent a for- 
tions anddeois- foituro ; and the Commissioner aforesaid shall have power 
fStuM.^'**'* to examine witnesses on oath, and receive all other neces* 
sary testimony, in respect of the mining operations ; and, 
if the decision shall be that such operations are not effec- 
tive, but merely colorable, the mine or mines shall be 
declared forfeited, and notice of the decision shall be given 
in accordance with the provision in section 109. 
gmmiarioner'e HI, The docisiou of such Commissioner shall be in 
itonn**of. *^® ^^^^ ^^ Schedule P ; and the lessee or assignee 
may appeal to the Supreme Court or a Judge there- 
of at Chambers, against such decision; but, before an 
Appeal from, appeal shall be allowed, he shall file with the Protho- 
notary of the Supreme Court a bond with two sureties, to 
be by him approved, to abide the judgment of the Court 
or Judge and pay the costs, as in Schedule G. 
Kotioeehow 112. Where notices are to be posted on the premises 

mu are imder uudcr this Chapter, or any of the sections hereof, and the 
^**'' areas in respect of which the notices are to be posted shall 

be covered with water, the notices may be posted on the 
land as near as conveniently may be to tne areas so 
covered with water, 
i^eited mine US, Wheuover a coal mine shall become forfeited 
oonditioni^deter- under this Chapter, such mine shall not be relet or re* 
^"li^undi'' granted by the Commissioner, except upon such terms as 

may be determined by the Governor in Council. 
Mining maps of 114. There shall be kept in the office of the Commis- 
pterto'be^keptsioner of Mines, maps of the different mining districts in 
ert?ffiI2T^*^°' the Province, on which shall be delineated as accurately 
as may bo, all the areas under license or lease, as mines 
other than gold mines ; and also a book or books, 
of registry, in which shall be registered all the licenses 
and leases of such areas, and such maps and book or books, 
shall be open to the inspection of the public. 
Bectionssetoiu 115. The provisions of the foregoing sections, from 86 
lo^mhies otho- to 114, both iuclusivc, shall apply only to mines other than 
'^«°*^"^^- gold mines. 

MKCBLLANEOUS. 

Commissions 116. The Commissioucr of Mines may lease Crown 
j^/dlTiS^^i^ Lands being within the limits of any proclaimed gold dis** 
Ji^SJS'righi'of trict, or comprising anv tract within which the mines and 
Sider^^oertSn' ^^^^^^Is othor than gold are under license or lease, for 
ooBditiotts^fto purposes other than mining ; reserving always the rights of 
present or future lessees of mining areas therein, and 



TITLE n.] HISES AND UIHEBILS. 47 

■abject to stich other reaerrstione, and for sach terms, and Chap. 9. 

npon Bnch conditione as the Qovernor io Conncil-may 

direct ; and may also soil any timber not previously disposed 
of growing or being npon any part of the Crown domain, 
iaciiifled ^ritbin any soch gold district, or other tract 
under license or lease for mioos or mioerals other than 
gold, npon such terms as the Governor in Conncil shall 
aatborize and direct. 

117. No lease granted under the provisions of this VominbKiguo 
Chapter shall be void agiiost any subset^uent purchaser, ^^^iSri^bT bc! 
Biortgagee for valoable consideration, or judgment oredi- »'*»)">' o*^- 
lor, by reason of anch lease not having been previously 
registered in accordnnco with the provisions of the Chap- 
ter of the Revised Statntes, "Of the Registry of Deedi 

ind Encnmbrances afFecting Lands." 

118. The Governor in Council may at any time by pro- oomnopiD 
dBmation as in this Chapter provided, declare a gold dis- ^^nT^d 
trict which shall contain an area or areas under license or iMnc- 
lewe for the pnrpoae of searching for or working mines 

md minerals other than gold ; and in such case the areas 
imdersuch licensie or lease shall, notwithstanding sach 
liceDae or lease, become snbject to all the provisions of 
this Chapter which relate specially to all Gold Districts 
ud Gold Mines, under such regulations as the Governor 
bCoaQcil shall make. 

119. The Governor in .Council is authorized to make ooTsmn'tii 
rales and regulations relative to gold districts and gold SlS^SS^ 

B9, and mines othor than gold mines, and licensing and r^'*'S.'.2JIw 
ing the same, and to the pumping, draining, vontila- u*. 
working, management, care, possession, and disposal 
same, and to all other matters connected with the 
and to make RUch rules and regulations general, or 
_ icable only to particular districts or localities, as may 
deemed beat ; and all such rules and regulations when 
* lUbed in the Soyal Qazeite shall have the force of law 
* (unnlled by the Governor in Council ; provided such 
lUnd regulations aball not be repugnant to the laws of 
'dcq, or the provisions of this Chapter; and such 
regulations mar in like manner be altered, modi* 
iWDCeiled, as circumstances shall require. 
The forms to be used under this Chapter shall be Bii,cing fomu 
jklly the same as thosB heretofore in use, subject, «>"*i""«i- 
r, to snch amendmenta and alterations as the Gov 
in Council may from time to time make or direct. 

Any lessee or licensee of mining areas lying LesKeoriiennsu 
tb« waters of the sea, may make or cause to be ^el^^^inn. 
iDDDels from the adjacent land above high-water ^ 
noder the waters, to such mining areas, doing as 
as poaaibte to the owners or Issseee of the 



48 HIKES AND MINERALS. [PABT I. 

Chap. 9. l^nd in which such tannels shall be made, and the 
intervening land covered with water, and the mines there> 
in contained. 
Damages, bow 122. The damages of such tunnelling shall bo agreed 
***^' for, determined, settled, and paid, as directed in this Chap- 

ter from section 17 to section 25, inclusive, and also sec* 
tion 95. 
In oase of din- 123. If the lossoo or liceuseo of such mining arefts 
SSSnS ^hSi cannot agree with the owner or owners of the land, 
tkJJr?/tt! ^m- ^>' *h® lessee or licensee of the mining areas 
bOTv'*c./oftun- through which it is necessary to drive such tunnels, the 
Commissioner of Public Works and Mines, subject to the 
approval of the Governor in Council, shall determine 
where such tunnels shall be made or commenced, the 
number of such tunnels, the size, width, and depth 
thereof, the quantity of land to be taken and occu- 
pied for the same, and the course and direction which such 
tunnels are to take through the intervening land 
covered with water, and the mines therein contained ; and 
Plan. he shall cause a plan thereof to be made and filed in the 

office of the Registrar of Deeds for the county where the 
lands so taken for the commencement of the tunnels shall 
be situated. 
Mining leasw in 124. Loascs of uiiniug aroas shall be issued in duplicate ; 
dupUoftte. j^qJ such leases shall be registered in the office of the Corn- 
s' office, missioner of Mines, by the Commissioner or some person 

by him thereto authorized, 
oertifloateof ' 125. A Certificate ofsuch registry with tho day and year 
*^*^*^" thereof, shall be endorsed on the duplicate delivered to the 

lessee. 
Certain existing 126. All Icascs which havo beou passed prior to the 
^SJSed? ** "" passage of this Chapter, that are not void or forfeited, shall 
be registered and certified as above, if not already so re- 
gistered. 
Declaration of 127. lu caso of Icaso, whoro there are more than one 
o°f^^rai^e^ lossoo, a declaration in duplicate shall be made and signed 
*^' under seal by all the lessees, or their heirs and assigns, 

stating the proportion owned by each lessee. 
Proved and re- 128. Such declaration shall be duly proved on oath 
gi^itered. before any Justice of the Peace, or the Commissioner of 

Mines, and registered as hereinbefore mentioned. 
All trannfeni of 129. All trausfers of any interest in mining leases 
to^be^Sb^ hereafter to be made, shall be registered as aforesaid; and 
and oeri^ed. ^ certificate of such registry shall be endorsed on every 
such transfer as in the case of mining leases; and 
such registry and certificate shall be conclusive evidence 
of the transfer of such mining interests. 
Vonn9, 130, The forms of declaration and transfer for the pur- 

poses of this Chapter, shall be as in Schedules B and 
respectively. 



TRUa] MINES ADO HDIEBAU. 49 

131. Every company incorporated nnder thia Chapter Chap. 9. 
w»ny act of the Legielatare for mining purposes, shall ^ compuiy 
file H copy of their charter or act of incorporation in the S;^?J",?3''u2 
office of the Comtniesioner of Mtnee, before any sncb com- or onsn with 
pU7 shall comneDce work, together with a list of theM^bl^^g 
officers of such company; and all changes of ofiS-*™"- 
oere made sliall also be certified to the office of the 
ComniasioDer of Uinea ; and nntil aach certificate is Oled 
BO tach new official need be recognized by the Commis- 
itoner of ICiaes as en official ot any aach company. 

U2. A description of all mortgages, bills of sale, attach- oeBriptuni ot 
nents, jndgments, tranafere and docaments of title of any T^E^'i^ils 
fciod (except licenses), relating to or in any way afiocting l^^^^iiSeri 
tbe title of gold, coal or other mines shall be recorded »«««■ 
ucordiog to Schedule D, ia tbe office of the Commiaaiooer of 
UioeB ; aud all lioeases, and a description of all mortgagee, uta UoauM. 
bOUofeale, attachments, judgments, transfers, and docn- 
BMDta of title of any kind adecting anch licensea, ahall be 
f^istered in the book of application for mining rights in 
tbeoSceof the CoiBmissioner, in the same manner as snoh 
lieeDsea and descriptions are now registered ; and any ntberwiK void 
neb mortgage, bill of sale, attachment, judgment, tranafer, ^ °'^'" "^^ 
or document of title shall be void as against any subse- 
qofint ioMajMe mortgage, bill of sale, attachment, judg 
«8nt, transfer, or document of title which ahall bo pre- 
woriy tegtstered. 
I 133. A. duplicate, or true copy, certified by a Dotarymiriicfttsorcer- 
inder his seal, of every transfer, mortgage, or other {fE^*"""" "" 
RTeyance, registered as above, shall be otea in the office 
iJthe Comraissioaer of Uines, before a Certificate of 
Instry is given. 

^hL If tbe applicant for a mining lease shall not ^^^"^*"^^ 
pisnch lease, and fila it in the office of the Coromis>withiDBjwr 
r for execution and registry by the Commiaaiouer,;2^J|^*°^ 
n one year from the time of his application, the areas 
■be considered vacant, and may be teased to any other 

Any pen<on leaving any pit, hole, or excavation. ^^^„^""- 
apace of eight days, open, and unfilled to the depth 
) feet or more, without having the same walled or 
I •roHud, at least four feet in height, at all timea 
0t workisg the some, shall forfeit for each oSence a 
>t Mceeding one hundred dollars, to be recovered by 
rfloD who will Hue tor the same. 
Farties violating the provisions of the preceding ^ii ^jt db- 
'tall ba guilty of a distinct offence for every day " *°*'* 
I pit, bole or excavation shall remain open and 
t, or withoat the proper wall or fence. 



50 KINBS AHD MINEBALS, [PABT U 

Chap. 9. 137. The Commissioner shall have power to canse 

oommiirioner'' witnesses brougbt before him in all contested cases or 

and depatiM^^ matters, which he has power to investigate and decide, to 

mm to be be examined under oath, which oath the Commissioner ie 

•worn. hereby empowered to administer; and like powers are 

hereby conferred on Deputy Commissioners in all contested 

cases and matters before them which they have power ta 

investigate and decide ; and the Commissioner and Deputy 

Commissioners shall have power to take affidavits under 

oath ; and to administer the oath in all sucb cases, and to 

administer oaths in all cases where affidavits are required 

by this Chapter, except where &ncb oath is required to h& 

administered by a Commissioner of the Supreme Court. 

KoappjiatioatoThe Chief Commissioner or any Deputy Commissioner 

mining righto bi shall not rcceivo any application for license or lease of 

cKL^wor^ny naines or mining areas, the right to a license or lease 

deputies. of which is at the time of such application in dispute 

before the Commissioner or Deputy. 
Boj^eahow 138. Where royalties are due and owing to the Crown, 
where un^d. the Govemor in Council shall have power to order the 
Commissioner of Mines to issue a warrant ntider his hand 
and seal of office directed to the Sheriff of tbe county 
where the mine in respect of which such royalties are due 
is situated, requiring such Sheriff immediately on receipt 
thereof to levy on the goods and chattels used in working 
and operating such mine ; and if, within the spacn of 
twenty days next after such levy, such royalties so due 
are not paid to such Sheriff, to proceed to sell the same or 
so much of such goods and chattels as shall be sufficient to 
pay such royalties and his fees; first having publicly 
advertised the same for the space of not less than ten 
days before such sale ; and to make return of such war- 
rant, and pay over the sum due for such royalties to the 
Commissioner of Mines within thirty days from the issuing 
thereof. Upon the receipt of such order the Commissioner 
shall issue -such warrant, nnd deliver the same to sucb 
Sheriff, who shall immediately execute the same according 
to the exigencies thereof; and the Sheriff's fees on such 
execution shall be the same as for executing a writ of 
. execution out of the Supreme Court in a civil suit. 
On what days 139. Loascs and licenses shall terminate, on the recur- 
owjM^Bhau ter. ^^^^^ ^f ^^^ ^^^ ^^ which they bear date, in the year of 

mntSi©«ext their termination ; and, after ten of the clock of the fore- 
^y- noon of the following day, the areas may be leased or 

Piovito. licensed anew ; but nothing contained in this section shall 

prevent the renewal and extending of licenses and leaset 

as hereinbefore provided. 



min.] lUKBs Ain> laMZRAU. 51 

140. If any Isiise or any phare or iDtoredt therein Chap. 9, 
becomeH tragsmitted or transferred in coneeqnenoe of the chu^ oi on- 
deatli, bankruptcy or iDBotvency of any lesaee, or in con-"^p°''niiiiB8 
■eqnence of tlia nlarriage of any female leseee, or by any oust to be ■»- 
Dieana other than a transfer according to the provisions of SSSSi^,'^ 
this Ojapter, such transmission or transfer shall be authen- 
ticated by a declaration of the person to whom snch lease 

or share or interest therein has been transmitted or trans- 
ferred, statiDg the clrcnmstances of snch transmission or 
tiansfer, and describing the manner in which, and the 
persoD to whom, anch property has been transmitted or 
transferred ; and such doclamtion shall be made before 
the Commissioner, Deputy Commissioner of Public Works 
and Kines, or a Jostice of the Peace. 

141. If snch transmission or transfer shall have taken Bridmos to ««- 

Elaoe by virtne of tbe bankruptcy or insolvency of any4«iw^n. - 
leiee, aacb declaration shall be accompanied by snch 
eTidence aa may, for the time being, be receivable in 
conrta of jnstice, aa proof of the title of persons claiming 
ODtier any bankruptcy or insolvency; and if such trana- 
miuioD baa taken place by virtue of the marriage of a 
fmale leasee, anoh declaration shall be accompanied by a 
copy of the register of such marriage or other legal evi- 
dence of tbe celebration thei-eof, and shall declare tbe 
idsntity of snch female lessee ; and if such transmisaioa 
■hall bave taken place by virtue of any testamentary 
iutrnment or by inteetncy, then such declaration shall be 
Kcompanted by tbe probate of the will or the letters of 
aJmin'istralloD, or any copy thereof that may be legal evi- 
dence or would be received in courts of jnstice as 

L proof ot sucb transmission. 

f 142. Tbe Commisi-ioner of Mines, upon the receipt of o™i^^wto 
Eoch deciarution so accompanied as aforesaid, shall enter ^^IT^^^* 
the name of the person entitled to the lease or soy share 
or interest therein, under such transmission or transfer, ia 
tba Ijpoks of refi^istry, as so entitled thereto. 

145. This Chapter may be legally known and cited "^'^J^,""' 
"An Act to Consolidate the Statutes relatingto Mines andknmi. 
JtioeralB,'' when necessary, as well as by its regular title. 

SCHEDULE A. 

I Indenture, made this day of , in the 

Wot oor Lord one thousand eight hundred and seventy 
^between the Quaen's Most ExceUent Majesty, of tbe 

F part, tnd , hereinafter described as lessee, of 

._e other part: 
Witoesseth, That in consideiution of the royaltiea here' 
, b; nMBcvadfWid of the covenaDts and agreemeDts heiein 



52 MINES AND MINERALS. [PABT L 

Chap. 9. contained, and on the part and behalf of the said lessee, 

his executors^ administrators and assigns, to be observed 

and performed, our Sovereign Ladj the Queen, of her 
special grace, certain knowledge and mere motion, doth 
grant and demise unto the said lessee, his executors, 
administrators, and assigns, all that certain tract of land 

situate at gold district in the County of , 

known and described as follows, that is to say : 

An area, composed of area of class number one, 

and numbered on the plan of said gold district, signed 

by the Commissioner of Public Works and Mines, and filed 
in his office, as by reference to the same will appear: 

And also, all and singular the beds, veins, and seams of 
gold, gold-bearing quartz, and other gold-bearing rocks, 
and gold-bearing earth, and all the gold, whether in 
quartz, grain, or otherwise, in, situate, and being within 
the limits of the said tract, and within, under, or upon the 
same : Provided always, and it is the true intent and 
meaning of these presents and of the parties hereto that 
nothing herein contained shall in any manner interfere 
with any of the rights of the owner or owners of the land 
in which such area situated, but the said rights are 

reserved unto the said owner or owners, their heirs and 
assigns; and it is further agreed and understood that the 
said lessees shall not enter into the said area without the 
special leave and license of the owner or owners thereof 
unless the said lessee shall have taken proceedings in 
accordance with Chapter 9 of the Revised Statutes, '' Of 
Mines and Minerals:'' 

To Have and To Hold the said tract of land, and the said 
beds, veins, and seams of gold, and gold-bearing quartz, and 
all other the gold-bearing rocks, and gold-bearing earth, and 
gold whether in quartz or otherwise, in, under, and upon 
the same, to the said lessee, his executors, administrators, 
and assigns, for, during, and unto the full end and term of 
twenty-one years, to commence and be computed from the 

day of , and fully to be complete and ended : 

yielding and rendering unto our Sovereign Lady the 
Queen, her heirs and successors, quarterly and every 
quarter upon the first days of January, April, July and 
October, in each and every year during the continuance of 
- this demise, at the office of the Commissioner of Public 
Works and Mines, at Halifax, or of the Deputy Commis- 
sioner of Mines for the district, a royalty of two per cent, 
upon the gross amount of gold obtained, mined, had, 
wrought, or gotten from or out of the said demised premi- 
ses, or out of any quartz, slate, rock, mineral, or earth 
mined, obtained, had or gotten out of the same in any other 
way than from quartz crushed by licensed miUS| at the 



htle il] mNEs and hinbbalb. 

nte of nineteen dollars per ounce Troy, for smelted gold Chap, 9 

and eigliteen dollars for uasmelted gold: '— 

Aad the said lessee does hereby covenaot, promise and 
agree to and with oar said Sovereign Lad; the Qneen, her 
heirs and snccessors, that the said lessee, his execators, 
administrators, and assigns, shall and will well and truly 
pay and deliver, or canse to be paid and delivered, 1o our 
Sovereign Lady the Queen, her heirs and successors, at 
the times and places and in the manner aforesaid, the said 
royalty hereby reserved under the terms and provisions of 
this lease: 

Aod also, That the said lessee, bis heirs, execntors, 
administrators, and assigns, shall and will dnring the con- 
tinnance of this demise, keep or cause to be kept, one or 
more book or books of account, wherein true entries shall 
be made of all such gold and gold-bearing quartz, and other 
rock containing gold, and all gold in grain or otherwise, as 
■hall from time to time be mined, wrought, had, gotten, or 
obtained out of the said demised premises, and also of the 
nuoes of the men actoally employed in the working of the 
nid demised premises, and the number of days' labor 
performed by such men, with the respective dates thereof; 
and also the names of the person or persons to whom any 
quartz or gold-bearing earth, or other gold-bearing material 
nisad from the demised premises has been sold or disposed 
of, with the price or the percentage upon the yield there- 
of received therefor, and also the weight of any quartz, or 
ottisr gold-bearing ntaterial raised from the demised prem> 
ius, which miiy be sent to any licensed mills for crushing 
qurtz, the name and description of the mill to which the 
i wne has been sent, and also the yield ol gold from sncb 
lartz or other materitil, as returned by the mill owner; 
i aho, that such book or books of acconnt shall at all 
s be open and subject to the inspection and examina- 
D of the Commissioner of Public Works and Mines, or 
tbe Depnty Commissioner of the district, or of the 
|M!Ctor of Mines, nnd also of any other person or per- 
a thereto specially appointed by the Commissioner of 
**m; Works and Mines for the time being ; and also that 
jBid lessee, his executors, administrators or assigns, 
ropon tbe first days of January, April, July and Octo- 
'l Meh ar.d every year duriog the continuance of this 
TO, deliver or cause to be delivered to the Commis- 
iounor of Public Works and Mines at Halifax, or to the 
Deputy CommiHsioner of Mines for tbe district, a tme and 
correct return ou forms to be supplied by the Commissioner 
which shall show the particulars prescribed and required 
by the Btxty-second section of Chapter 9 of the Bevised 
6t*tetoif *' 01 Uioes and Minerals," veriSed by bd affidavit 



54 MINES AND MINERALS. [PAitT L 

Chap. 9. of some one or more suitable person or persons employed 

in or about the working or management of the minM 

hereby granted and demised, made before the Commissioner 
of Mines, or a Deputy, or before a Justice of the Peace; and 
shall in all respects obey, abide by, perform and fulfil all the 
requirements of the said Chapter: 

And likewise, That the said lessee shall annually cause 
to be employed on the demised premises so many men as 
shall make the whole labor performed thereon during the 
year in opening and working the said mines amount in all to 

the number of hundred days' labor; audalso shall and will, 

duriug the continuance of this grant or demise, work the said 
mines in a good and workmanlike manner; and shall and 
will, from time to time, and at ail times during the contin- 
uance of this grant or demise well and effectually maintain 
and support all and every the working-pits, shafts, levels, 
drifts, and water-courses of and belonging to the said 
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 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 the Commis- 
sioner ol Public Works and Mines, or the Deputy Commis- 
sioner of the diiitrict, or such other person or persons as 
the Lieutenant-Governor for the time being shall appoint 
under his sign-manual to receive and take possession 
thereof, all the said mines, and all and singular other the 
premises hereinbefore mentioned, except such furnaces, 
engines, mills, forges, foundries, railroads, implements, 
houses, and buildings as shall not be attached to the free- 
hold, in such good order, plight and condition, as fair- 
wrought mines ought to be left, with such timber, deals, 
and other material as aforesaid, f^such mines as during the 
term hereby granted shall be abandoned by reason of their 
being unproductive only excepted): Provided always, 
and it is hereby agreed and declared, and the said lessee, 
for himself, his heirs, executors, administrators and assigns, 
dot accept this grant or demise under the condition that in 
case default shall be made by the said lessee, his executors, 
administrators or assigns, in keeping such book or books 
of accounts, or in making such entries therein, or in deliv- 
ering such affidavit or affidavits as aforesaid, or in pay- 
ment of the said royalties hereby reserved for the space 
of ten days after the periods herein before appointed for 
paying the same, or in the keeping annually employed on 
the demised premises the amount of labor herein above 
specified ; or if the affidavits hereinbefore set forth and 
required to be made shall be false and fraudulent, or any 



mu n.] MOISB ASV WSEBjIU. 6{ 

«thar covenant herein contained fihall not be kept and Chap. 9. 

observed, then, and in every or any or either of the said 

cases, these. presents, and all and every the powers and 
privileges hereby granted shall be utterly nnll and void 
anything to the contrary thereof in these presents not- 
withstHnding : 

Provided always, nevertheless, that it shall and may be 
lawful for the said lessee, his executors, administrators and 
assigns, at any time or times hereafter, when so minded, to 
give nutice in writing, and file the same in the office of 
the Deputy Commissinner of Mines of the district, or of 
the Commissioner of Public Works and Mines in any 
district where there ia no Deputy, sotting forth that he is 
deairoHS of surrendering this lease ; and in such case, so 
soon as any such notice shall be so filed in the office of the 
ComraiBsiuner of Public Works and Mines the interest and 
«itate of the said lessee in the demised premises shall 
forthwith revest in her said Majesty, and the said lessee, 
hia executors, administrators, or assigns, shall thenceforth 
ceue to have any interest therein, or to be liable under 
the terms and provisiuns of this lease for any royalty, 
except the royalty on gold mined or obtained up to the 
data of said surrender or in any other way thao from 
quartz crushed at licensed mills : 

Provided also further. And it is the true intent and 
neautng of these presents, that the said lessee, bis execu- 
turs, administrators, or assigns shall continue and remain 
liable under the conditions of this lease for and in respect 
"f any [imtter or thing herein or hereby covenanted to be 
Joneor perf(irmetl,and for which a liability shall have ex- 
isted at the date of such surrender, and also shall contiuua 
LUd remain liubte for all royalty due as last above men- 
tiaoed at tho d^te of said surrender. 
^^ witnuBs whoreof, Our said Sovereign Lady the Queen 

I OHused , Commissioner of Publio Works and 

« for the Province ol Nova Scotia to subscribe his 
dand eetil of olEce tu this Indeotare, and the said lessee 
Bnbscribed his hand and seal thereto, 
n^gned, sealed, and delivered, by the ) j. , 

i Hid Commissianer of Public Works V '- ' ^ 

tasd Mines in presence of -< ) [L-s] 

'» said lessee, in presunce of 



SCHEDULE B. 

, of , in the County of , do hereby 

tiecUre that we are the legal owners under lease, No. , 

district .dated the day of , A. D. 18—, 

^ •^— nhiniMi in said lease mentioned. 



56 MIKES AND KIKERAL8. [PAKT I. 



Chap. 9. Oiven iiDder oar bands and seals, ibis day of 

A. D. 18—. 



Personally appeared before me, — — — , of , who^ 

being sworn, says that duly signed the foregoing^ 

declaration in bis presence. 



Sworn before me, at 



-.} 



tbis day of , A. D. 18 



SCHEDULE C. 

Know all men by these presents that I, , of ^ 

in the County of , in consideration of dollars to 

me in band, well and truly paid by of , have 

sold, assigned, transferred, and set over, and by these pre- 
sents do sell, assign, transfer and set over to , of ^ 

his executors, administrators, and assigns, sliares 

owned by me under mining^ lease No. , in gold district 

To have and to hold the same to the said his 

executors, administrators, and assigns. 

In witness whereof I have hereunto set my band and 
seal, this day of , A. D. 18 — . 



Signed, sealed, and delivered, ) 
m presence of ) 



Personally appeared before me, , of , who, 

being sworn, says that duly signed the above transfer 

in his presence. 



Sworn before me, at 



this day of A. D. 18 

J. P. 



-.} 



TITUn.] 



inNB9 Ain> HIHEBALS. 



SCHEDULE D. 

DiSTBICT. 



lo.<(Iwt. 


Dt-UotLe—e. 


ItetaofbnK. 


DMa of Haglrtry. 














TowbuoLsHL 


puw. 


TovhomLnKd. 


Blum or 

puu. 
















BfiriMmMd. 


p«te." 


DMoflk*!^. 




loitlBmiold. 




,0— 
















SOBEDULE B. 

,3\) A. B. and G. D., 1ess»e9 of certaiD mioiDg areas, by 

Be of a leaae from Her Majesty tbe Qneen to 

ing date the day of A. D. 18—, (or, if 

M has been assigned, to A B and C D, assigneeB of 
iBees of certaiu, &c., kc, aa above.) 
)reaa it has been ropresoDted and come to the know- 
of the CommiB^ioner of Public Worka and Mines, 
tt tbe mines and minerals in the said lease described 
VKJ conveyed, have been abandoned for the spHce of oneyear 
We not been effectively or continuously worked, or have 
Wu worked only colorably, and that the leasee or lesseea 
(or Ibeir assignees) have foiled to comply with the terms, 
covenants and stipulations in the leaaa contained : 

Yflii are hereby' notified that the said charge or complaint 
*iil be investigated before me, at my office in the Province 

Boililjng, at Halifus, on tbo day of , io the 

J6U of our Lord ono thonsand eight hundred and . 

I>at«d tbe day of , A. D. 18— 

E.F., 
Cotamiseioner of Public Works and UineB. 



58 minrs and minerals. [pabt i 

Chap. 9. 

SCHEDULE P. 

In pursuance of a notice duly served on the lessee 01 
lessees (or assignees an the case may be), under a lease oi 

certain mining areas, situate and being at , in the 

County of , made between the Queen of the on6 

part, and A B and C D of , Ac, of the other part, and 

dated the — day of , A. D. 18 — . I have examined intc 

the matter of complaint against the said lessee or lessees 
(or assignees, dkc.,) for not working the said mining areas 
effectively and in accordance with the terms, covenants 
and stipulations in the said lease contained, and the true 
intent and meaning of the laws in such case made and 
provided ; and on due consideration after the examination 
of witnesses and the facts of the case, I being satisfied 
that the charge has been fully made out, have decided and 
declared, and by these presents do decide and declare, the 
said mining areas, and every part and parcel thereof, to be 
forfeited. 

Witness my hand at Halifax, this dav of , A 

D. 18—. 

E.P., 
Commissioner of Public Works and Mines, 
Or G. H. Deputy Commissioner of Mines. 

SCHEDULE G. 

Bond to the Queen and her successors in penalty oi 
$600. 

Whereas the Commissioner of Public W^^^^^ ^^^ Mines 

hath by a decision dated the day of , A. D., 18 — , 

decided and declared certain mining areas, formerly leased 

to A. B. and C. D., by lease dated the day of , 

A.D. 18 — , forfeited,and the above bounden G, H., J. E., &c.j 
have appealed against the said decision to the Supreme 
Court (or a Judge of the Supreme Court, <X8 the cast 
may be.) 

Now the condition of this obligation is such that if the 
said G. H., J. E., &c., do and shall obey and abide by the 
judgment that shall be given herein, and shall well and 
truly pay all costs which they may be adjudged to pay ia 
the premises, then this obligation shall be void, otherwise 
the same shall remain in force. 

^ ' "Signed, sealed, ) G. H. (L. S.) 

and delivered > 
IB presence of j J. E. (L. S«) 



TnUtL] ESQDLATIOII OP HIKES. 59 

Chap. 10. 
CHAPTER 10. 

OF THE BEOULATION OF HINB9. 

1. This Chapter may be legally cited, when desirable, AitenutiTstitie' 
at "The Miaes RegulatioD Chapter." 

2. Id tbis Chapter, unless the context otherwise re- Daflnitioi at 
qaires, — the term "mine'' includes every shaft in tbeS^'ST*'" 
aoDFBe of being annk, and every lovel and inclined pU.ne 

in the coarse of being driven for commencing or opening 
uy mine, or for searching for or proving rninerals, and ail 
the shafts, levels, planes, works, machinery, tramways, 
nilirays and sidings both below ground, and above ground, 
in and adjacent to a mine, and any such shaft, level and in* 
dinod plane of and belonging to the mine : 
The term "shaft" includes pit: 
The term " inclined plane " includes slope : 
The term " plan " incladee a map and section or aec- 
tioQB, and a correct copy or tracing of any original plan 
use defined : 

The term " Commissioner *' means tlie Commiseiooer of 
Poblic Works and Mines * 

The term "Inspector" ased in this Chapter means aQ 
Inspector of Mines appointed under the laws of this Pro- 
vince relating to Mines and Minerals. 

The torm " owner," when tised in relation to any mine, 

nteaus any person or body corporate who is the immediate 

. proprietor, or Ibssee, or occupier of any mine, or of any 

~ rt thereof, and does not include a person or body cor. 

Ate who merely receives a royalty, or rent from a mine, 

kia merely the proprietor of a mine subject to any lease, 

\ or license for tho working thereof, or is merely the 

r of the soil, and not interested in the minerals of the 

■i but any contractor for the working of any mine or 

[Art thereof shall be subject to this Chapter in like 

ier, as-if he w:iro an owner, but so as not to exempt 

)roer from any liability. 

p term " agent," when used in relation to any mine, 
■•luy person having, on behalf of the owner, care or 
B of any mine, or any part thereof. 

1 '■ manager," when ased in relation to any 
B the chief officer having the daily supervisioB 
fc.anderg round workings, 
I torm '' boy " means any mtijfi person under the age 

jhtaeii years. 

1 If any qaoHtion arises whether a mine is a mine to^U^^^^*" 
vtiieti this Chapter applies, such question shall be referred ^ ^^^ 
■ JdJlia OoaaUaioaer, wtiose decision thereon shall be final. dieoM. 



60 
Chap. 10. 



Nolwy under ten 
to be employed 
in any mint. 



Time of employ- 
ment of boyslie- 
tween 10 and 12 
under groond. 



RGGULATION OF HIKES. 



EMPLOYMENT OF BOYS. 



[p 



Begnlationsasto 
employment of 
boys under 
groond. 



As to employ- 
ment of young 
persons about 
engines. 



Penalty for em- 
ployment of per- 
sons in contra- 
vention of this 
Chapter. 



Proviso. 



4. No boy under the age of ten years shall be emp 
in or abont, or allowed to be for the purpose of en 
ment in or about any mine below ground or above gr 

5. A boy of the age often and under the age of t^ 
years shall not be employed in, or allowed to be fc 
purpose of employment in any mine below ground 
more than sixty hours in any one week, or more tha 
hours in any one day. 

6. For the purpose of the provisions of this Ch 
with respect to the employment of such boys in a 
below ground, the following regulations shall have e: 
that is to say, 

(1.) 'i1ie period of each employment shall be de 
to begin at the time of leaving the surface 
to end at the time of returning to the sur 

(2.) A week shall be deemed to begin at midnig 
Saturday night, and to end at midnight oi 
succeeding Saturday night. 

7. Where there is a shaft or an inclined plane or 
in any mine, whether for the purpose of an entran 
such mine or of a communication from one part to an 
part of such mine, and persons are taken up or do\ 
along such shaft, plane, or level by means of any ec 
windlass, or gin, driven or worked by steam or an^ 
chanical power, or by an animal, or by manual labc 
person shall not be allowed to have charge of such ei: 
windlass, or gin, or of any part of the machinery, r 
chains, or tackle connected therewith, unless he is a 
of at least eighteen years of age. 

Where the engine, windlass or gin is worked I 
animal, the person under whose direction the driver c 
animal acts shall, for the purposes of this sectio 
deemed to be the person in charge of the engine, 
lass, or gin; but such driver shall not be under twelve 
of age. This clause shall not apply to operations k 
in the mines as counter or back balances. 

8. If any person contravenes or fails to comply 
or permits any person to contravene or fail to comply 
any provision of this Chapter with respect to the en 
ment of boys or to the employment of persons abou 
engine, windlass, or gin, he shall be guilty of an oi 
against this Chapter ; and in case of any such contr 
tion or non-compliance by any person whomsoevei 
owner, agent, and manager shall each be guilty < 
offence against this Chapter, unless he prove ths 
bad taken all reasonable means by publishing and t 



TITUn.] REGULAnOH OF VXSBB. . 61 

best of bis power enforcing the proviaions of tbis Chapter Chap. 10. 
to prevent anch contravention or oon-compliaDce. 

If it appear that a boy, or a person employed about an 
BDgioe, windlass, or gin, was employed on tba repreeento- 
tioQof bis parent or guardian tbat he was of that age at 
which bis employment would not be in contravention of 
thia Chapter, and nnder the belief in good faith that he 
waa of that age, tba owner, ageut, or manager of the mine 
and employer shall be exempted from any penalty, and the 
parent or guardian shall, for sitoh misrepresentation, be 
deemed guilty of an offence against this Chapter. 



9. No wages aball be paid to any person employed in '".T^" i^. ■>* 
ortboat any mine at or within aay public house, beerE^D«, £l 
abop, or place for the sale of any spirits, beer, wine, or 
other spiritaona or fermented liquor, or other house of 
entertainment, or any office, garden, or place belonging or 
contignoQs thereto, or occupied therewith. 

Every person who oontravenea or fails to comply with, 
or permits any person to contravene or lail to comply with 
tbit section shall be guilty of an offence against thia 
Chapter; and in the event of any auch contravention or 
ooQ-compliance by any person whomaoever, the owner, 
■gent, and mtinager aiinll each be gailty of an offence 
agninst thia Chapter, unless he prove that he bad taken all 
reasonable means by publishing and to the beat of his 
power oaTorcing the provisions of this section to prevent 
Ich contravention or non-compliance. 

Jo. Where the amount of wagea paid to any of the*'*«i»y"^o' 
— 8 employed in a mine depends oo the amount of bmb«b7 

J gotten by tbera, such persons aball, if the majority "*'«'"• 
Uh persons so desire, atii] unless the mine ia exempted 
B Commissioner, be paid according to the weight of 
jitieral gotten by tbem, and such mineral shall be 
R,Weighea accordingly. 
Hded always, thut nothing herein contained shall Pnvin. 
ide the owner, agent, or manager of the mine, from 
bg with the persons employed in such mine, that 
'' 108 shall bo niitdf in respect of atones or materiala 
._ an mineral t^ontractod to be gotten, which shall be 
int of the mine with the mineral contracted to be 
I, OF in respect of any tubs, cars, or hutches being 
»rly filled in thoso cases whore they are filled by 
^^^ ter of the mineral or his drawer, or by the person 
[, iBood lately employed by him, snch deductions being 
Jetermiued by the bauksmnn or weigher and check-weigher 
^ tiwro be qm. 



62 BEGULATION OF HINE8. [PABT I. 

Chap. 10. I^ any person contraveties or fails to comply with, or 

'" permits any person to contravene or fail to comply with, 

this section, he shall be gnilty of an offence against this 
Chapter ; and in the event of any contravention of or 
non-compliance with this section by any person whomso- 
ever, the owner, agent, and manager shall each be guilty 
of an offence against this Chapter, unless he prove that he 
had taken all reasonable means by pablishin|: and to the 
' best of his power enforcing the provisions of this section 
to prevent such contravention and non-compliance. 

^'*tehaw^?*'i ^^' ^^^ persons who are employed in a mine, and are 
ning employ^.' paid according to the weight of the mineral gotten by 
dutiw^^SSTre^ them, may, at their own cost, station a person (in this 
"^^' Chapter referred to as a ** check- weigher'*) at the place 

appointed for the weighing of such mineral, in order 
to take an account of the weight thereof on behalf 
of the persons by whom he is so stationed. The check- 
weigher shall be one of the persons employed either in the 
mine at which he is so stationed or in another mine 
belonging to the owner of that mine. He shall have every 
facility afforded to him to take a correct account of the 
weighing for the persons by whom he is so stationed ; and 
if in any mine proper facilities are not afforded to the 
check-weigher as required by this section, the owner, 
agent, and manager of such mine shall each be guilty of 
an offence against this Chapter, unless he prove that he 
had taken all reasonable means by enforcing to the best of 
his power the provisions of this section to prevent such 
contravention or non-compliance. 

The check-weigher shall not be authorized in any way 
to impede or interrupt the working of the mine, or to in- 
terfere with the weighing, but shall be authorized only to 
take such account as aforesaid ; and the absence of the 
check-weigher shall not be a reason for interrupting or 
delaying such weighing. 

If the owner, agent or manager of the mine desires the 
removal of a check-weigher, on the ground that such 
check-weigher has impeded or interrupted the working of 
the mine, or interfered with the weighing, or has other- 
wise misconducted himself, he may complain to any Justice 
of the Peace of the county in which the mine is situated, 
who, if of opinion that the owner, agent, or manager shows 
sufficient prima facie ground in writing for the removal of 
such check-weigher, shall by summons call upon the check- 
weigher to appear at a certain time and place therein 
mentioned. Such summons and a copy of the said complaint 
shall be served on tne check-weigher by any constable of 
the county, at least five days before the return day of said 
summons. In default of appearance of said check-weigher 



HTLE n..] ssauLA.'nas op mines. 68 

to anawer tbe oomplaint, proof of the service of the said Chip. 10. 

ummonB bImU be farniabed by the said constable in the " 

Hune way as jd ordinary civil snits before a Juatice of the 
Peace. Od tbe hearing of tbe caae the Juatice shall bear 
the parties and if be think that at the heariDg snfficient 
groand is shown by tbe owner, agent, or manager to justify 
tiie removal of the check-weigher, or in case of tbe non- 
appearance of tbe said check-weigher and on proof of the 
service of tbe summons as aforesaid, he shall make a sum* 
mary order for hie removal, and the check-weigher shall 
ttierenpoD be removed, but without prejudice to the station- 
ing of another check-weigher in bis place. 

Tbe Justice may in every caae make aacb order as to the 
ooBta of the proceedings as he thinks just, and execution 
may issue for tbe recovery of tbe same as in suits for 
debts before a Justice of tbe Peace. 



SINGLE SHAFTS. 

12. The owner, agent, or manager of a mine shall not Pmhibicion or 
eoploy any person' in such mine, or permit any pereun to ''''^'"'""*' 
bemEDch mine for tbe purpose of emploj'ment therein, 
unless there are in communication with every eeam of 
such mine for the time being at work at least two abatts 
or outlets, separated by natural strata of not less than ten 
feet in breadth, by which nhaftB or outlets distinct means 
ofiogreas and egress are available to the persons employed 
in aucli seam, whether such two shafts or outlets belong 
L to the same mine or one or more of them belong to another 
uoe, and unless there is a communication of not less than 
'(or feet wide and three feet high between such two 
outlets, and unless there is at each of such two 
unlets or upon the works belonging to the mine 
I either in actual use or available tor use within a 
kinable time proper apparatus for raising and lowering 
tons at each auch shaft or outlet, 
tovided that Buch separation shall not be deemed 
Bplete by reason only that openings through the strata 
ID tbe two shafts or outlets have been made for 
rsry purposes of ventilation, drainage, or otherwise; 
tbo case of mines where infiammable gaa has not 
Kfintid within the preceding twelve months, for tbe 
k'porpones, although not temporary. 
~ ~r owner, agent and manager ot a mine who acts io 
__ MtJtm of, or fails to comply with this seciion shall 
ailtr of an otTence against this Chapter. 
B wipreme Court or any Judge thereof, whether any 



64 REGULATION OF MINES. [PAST L 

Chap. 10. other proceedings |iave or have not been taken, may, upon 
the apph'cation of the Attorney General, prohibit by in- 
junction the working ot any mine in which any person is 
employed, or is permitted to be for the purpose of employ* 
ment, in contravention of this section, and may award 
such costs in the matter of the injunction as the Court or 
Judge thinks just; but this provision shall be without 
prejudice to any other remedy permitted by law for 
enforcing the provisions of this Chapter. 

Written notice of the intention to apply for such injanc- 
tion in respect of any mine shall be given to the owner, 
agent or manager of such mine not less than twenty days 
before the application is made. 
^^uAmaTto ^^' ^^^ provisions of this Chapter with respect to 
S^ie^'fte! shafts or outlets shall not apply in the following cases; 
that is to say, 
(1.) In the case either of opening a new mine for the 
purpose of searching for or proving minerals, 
or of any working for the purpose of making 
a communication between two or more shafts, 
so long as not more than twenty persons are 
employed below ground at any one time in the 
workings in connection with each shaft or outlet 
in such new mine or such working : 
(2.) In the case of any proved mine so long as it is 
exempted in writing by the Comissioner on the 
ground either — 
(a,) that the mine is not a coal mine, or a mine with 
inflammable gas, that sufficient provision has 
been made against danger from other causes 
than explosions of gas by using stone, brick, 
or iron in the place of wood for the lining of 
the shaft and the construction of the midwall ; or 
(6.) that the workings in any seam of a mine have 
reached the boundary of the property or other 
extremity of the mineral field of which such 
seam is a part, and that it is expedient to work 
away the pillars already formed in course of the 
ordinary working, notwithstanding that one of 
the shafts or outlets may be cut off by so work- 
ing away the pillars of such seam ; 
and so long as there are not employed below ground at 
any one time in the workings in connection with the shaft 
or outlet in any such mine, more than twenty persons, or 
(if the mine is not a coal mine or mine with inflammable 
gas) than such larger number of persons as may for the 
time being be allowed by the Commissioner : 

(3.) In the case of any mine, one of the shafts or outlets 
of which has become^ by reason of some acci* 



mil It] BEGULATION OF KINEa. 65 

dent, unavailable for the nse of the persons Chap. 10. 
employed in the mine, bo long as sach mine ia 
exempted ia nriting by the Commissioner, and 
the conditioQB on which such ezemptioD is 
graoted aro duly observed. 



li. If a written representation be made to the Com* oammi 
aiBsioBer by the owner or agent of a mine not having at pUHt*w'?o''r^. 
be passing of this Chapter two shafts or outlets, that *o^''J^^,^^ 
iztenaioo of time for providing an addittODal shait or tio"! *•«* 
lOtlet ooght to be granted to him; the question as to 
rhether such exemption or extension of time oagbt to be 
granted shall be decided by the Commiasioner. 



AND ABASDONMENT. 

16. For procaring miniog retarns — 

(1.) The lessee of every mine leased, from the sctuim 
Crown shall send to the office of the Cora- I^^u 
miseiooer a correct retarn of all the minerals •«""'' 
wrought in sach mine, as is required by 
Chapter 9, " Of Mines and Miaerals," and 
Buch other information and at the stated 
times specified in such Chapter : 
(%) And OQ or before the thirty-first day of January in 
every year the owner, agent, or manager of 
every mine to which this Chapter applies, other 
than of every mine leased from the Crown, 
shall send to the office of the Commissioner 
a correct return specifying with reupect 
to \\n year ending on the preceding thirty- 
first day of December, the quantity of coal, 
iron ore, or other mineral wrought in such 
mine and tho nnmber of persons ordinarily 
employed in or about soch mine below ground 
and above ground, distingaishiog the persona 
and labour below ground and above ground 
and the dilTerent classes of the persons bo 
employed : 
n^ The owner, agent, manager or occnpier of every 
mine shall once a year if required by the In- 
spector, send to him a return of facts relating 
to tiie mode and description of means of ven> 
tilation, a <1o9cription of the upoast and down- 
cast ahal'ts, of the length and sectional area of 
the airways, the number of splits and quantity 
of fresh air ia cubic feet per minute, and the 
average total quantity of air in cubic feet per 
miante, in hid mine. 

i 



66 REGULATION Or MINSS. [FABT It 

Chap. 10. I^he returns shall be in such forms as may be from time 
to time prescribed by the Commissioner, who shall from 

time to time, on application, famish forms for the pnrpcae 

of such returns. 

Every owner, agent, or manager of a mine who fails ta 

comply with this section or makes any return which is to 

his knowledge false in any particular shall be guilty of an 

offence against this Chapter. 
Written notice 16. Where iu or about any mine whether above or be* 
JidSSgfirnSL*.::iow ground, either 

(1.) Loss of life or any personal injury to any person 
employed in or about the mine occurs by reason 
of any explosion of gas, powder, or of any 
steam boiler ; or 

(2.) Loss of life or any serious personal injury to any 

Eerson employed in or about the mine occurs 
y reason of any accident whatever, 
the owner, agent, or manager of the mine shall, within 
twenty-four hours next after the explosion or accident 
send notice in writing of the explosion or accident and of 
the loss of life or personal injury occasioned thereby to 
the office of the Commissioner, and shall specify in such 
notice the character of the explosion or accident, and the 
number of persons killed and injured respectively, and as 
soon after as possible and before the end of each year a 
return of feicts relating to such accident or explosion in 
the form given in the Schedule to this Chapter. 

Where any personal injury of which notice is required 
to be sent under this section, results in the death of the 
person injured, notice in writing of the death shall be sent 
to the office of the Commissioner within twenty-four hours 
after such death comes to the knowledge of the owner, 
agent, or manager. 

Every owner, agent, or manager who fails to act in com^ 
pliance with this section shall be guilty of an offence against 
this Chapter. 

Kotioe of 17. In any case, 

''SSf'or^w.JJkl (1.) Where any change occurs in the name of, or in the 
ng 0? mine*. name of the owner, agent, or manager of any 

mine, or in the officers of any incorporated 
company which is the owner of, a mine not 
exempted from compliance with this clause by 
the Commissioner; 

(2.) And in any of the following cases of coal mines, 
namely, 

(a.) Where any working is commenced for the purpose 
of opening a mine ; 



rniM n.} BiotrLATioN of vmss. 67 

(b.) Where a sbafl of any mine id abandoned or the Chap. 10. 

working thereof aiecontinaed ; or 

(c.) Where ihe workiogof a mine ia recommeDCed after 
an abandonment or discontiaaanceforaperiod 
exceeding two months; 
the owner, agent, or manager of snch mine shall give notice 
thereof at the office of the Commissioner within two 
months after such commencement, abandonment, diacon- 
tinnance, recommencement, or change ; and if snch notice 
be not given, the owner, agent, or manager shall be gailty 
of an offence against this Chapter. 

18. Where any mine is abandoned or the working there fvutngottma- 
of diacootinned, at whatever time ench abandonment or ''"**'°'™* 
disGootinnance occurs, the owner thereof, and every 
other person interested in the mineral of such mine, shall 
caase the top of the shaft and any side entrance from the 
enr&ce to be and to be kept secarely fenced for the pre- 
vention of accidents : 
Provided that — 

(1.) Subject to any contract to the contrary, the owner 
of the mine shall, as between faim and any 
other person interested in the minerals of the 
mine, be liable to carry into effect this section, 
and to pay any costs incurred by any other 
person interested in the minerals of the mine 
in carrying this section into effect ; 
(2.) Nothing in this section shall exempt any person 
from any liability under any other Chapter or 
Act, or otherwise. 
If any person iiiil to act in conformity with this section, 
lie Bball be guilty of an offence against this Chapter. 
19. Where any mine is abandoned, the owner of such pumoritm- 
ine at the time of sach abandonment shall, within three bgnt mmcdd^ 
gnthe after such abandonment, send to the office of the 1°'"'™"- 
lissionor an accurate plan, on a scale of not less than 
a of two chains to one inch, showing the honndariea 
3 workings ot such mine np to the time of the aban- 
WDt, with the view of its being preserved under the 

iof the Commissioner. 

Svery person who &ils to comply with this section shall 
be gnilty of an offence against tuts Chapter. 



20. The Inspector shall have power to do all or any of ^wrtot in- 
th« following things; namely, ''*°^" 

(1.) To make such examination and inquiry as nay be 
mcesaary to aacertain whether the proTtsiona 



68 REGULATION OF MINES. [PABT I. 

Chap. 10. of this Chapter relating to matters above ground 

or below ground are complied with in the case 

of any mine : 
(2.) To enter, inspect, and examine any mine and every 
part thereof, at all reasonable times by day and 
night, but so as not to impede or obstruct the 
working of the said mine : 
(3.) To examine into and make inquiry respecting the 
state and condition of any mine, or any part 
thereof, and the ventilation of the mine, and 
the sufficiency of the special rules for the time 
being in force in the mine, and all matters and 
things connected with or relating to the safety 
of the persons employed in or about the mine 
or any mine contiguous thereto : 
(4.) To exercise such other powers as may be necessary 

for carrying this Chapter Into effect. 
Every person who wilfully obstructs the Inspector in 
the execution of his duty under this Chapter^ and every 
owner, agent, and manager of a mine who refuses or 
neglects to furnish to the Inspector the means necessary 
for making any entrpr, inspection, examination, or enquiry 
under this Chapter, m relation to such mine, shall be guilty 
of an offence against this Chapter. 
Pro<»«iingsin 21. If in any respect (which is not provided against 

oAsesof causes of « " • *• rxi.* i^^^. i. i_ • i 

danger not roe- by any cxpress provision of this Chapter, or by any special 
riaig- providea: ^xj^q) the luspcctor find any mine, or any part thereof, or 
any matter, thing, or practice in or connected with any 
such mine, to be dangerous or defective, so as in his opinion 
to threaten or tend to the bodily injury of any person, or 
to the waste or misuse of any property of or leased from 
the Crown, the Inspector may give notice in writing there- 
of to the owner, agent, or manager of the mine, and shall 
state in such notice the particulars in which he considers 
such mine, or any part thereof, or any matter, thing, or 
practice to be dangerous or defective, and require the 
same to be remedied; and unless the same be forthwith 
remedied the Inspector shall also report the same to the 
Commissioner. 

If the owner, agent, or manager of the mine object to 
remedy the matter complained of in the notice, he may, 
within fifteen days ailer the receipt of such notice, send 
his objection in writing, stating the grounds thereof to the 
Commissioner, who shall thereupon hear such evidence 
upon the matter as may be produced before him, and to* 
gether witb one arbitrator appointed by the Inspector and 
one arbitrator appointed by the owner, agent, or manager 
objecting, shall determine the same ; and the award of the 
Commissioner with one of the arbitrators shall be final. 



IITLI n.] BSO0LATIOH OF HIKES. 69 

Ten days' notice of the time and place where the Com- Chap. 10. 

misBioner will hear such evidence shall be given to tho 

parties intereated. 

If the owner, agent, or manager fail to comply either 
with the requisition of the notice, where no objection is 
sent, within the time aforesaid, or with the decision of the 
Commissioner and arbitrators, within ten days after the 
expiration of the time for objection or the time of making 
of the decision of the Commissioner and arbitrators (as 
the case may be], he shall be guilty of an offence against 
this Chapter, and tbe notice and decision shall respectively 
he deemed to be written notice of snch offence : 

Provided that the Commissiouer, if satisfied that the 
owner, agent or manager has taken active measures for 
complying with the notice or decisioo, but has not, with 
reasonable diligence, been able to complete the works, 
may extend the time of ten days (above specified) to such 
time as he shall deem proper; aod if the works are com- 
pleted within such time no penalty shall be inQicted. 

No person shall be precluded by any agreement from 
doing such acts as may be necessary to comply with the 
provisions of this section, or be liable nnder auy contract 
to any penalty or forfeiture for doing such acts. 

22. The owner, agent, or manager of every mine shall Fiupormino 
keep in the office at tbe mine an accurate plan of tbe owiian,X. 
workings of such mine, showing the workings up to 
at least twelve months previously. 

The owner, agent, or manager of the mine shall produce 
to the Inspector at the mine, such plan, and shall, if 
requested by tbe Inspector, mark on ench plan the pro- 
gress of the workings of tbe mine up to the time of such 
production, and shaU allow the Inspector to examine the 

me. 

And the owner, agent or manager of every mine leased 

r the Crown shall furnish tii tbe Inspector a correct copy of 

ich plan when requested by the Inspector. 

If the owner, ageut or miiaager of any mine fail to keep 
such plan as is proscribed by this section, or wilfully 
rofnses to produce or allow to be examined such plan, or 

llfiilly refuses to furnish sach copy, or wilfully 

"'ibolds any portion of any plan, or conceals any 
of the workings of bis mine, or produces an 
irfect or inaccurate plan, unless he shows that he was '- 
ignorant of such concealment, imperfection or inaccuracy, 
lie shall be guilty of an ollouce against this Chapter ; and, 
farther, llie Inspector may, by notice in writing (whether 
• penalty for such offence has or has not been inflicted), 
require (be owner, agent or manager to cause an accurate 
flan, Kuch n» is prescribed by this section, to be made 



K proc 



IF reins 



70 BEGULATION OF MINES. [PABT I. 

Chap. 10. within a reasonable time, at the expense of the owner of 
the mine, on a scale of not less than two chains to one 
inch, or on such other scale as the plan then used in the 
mine is constructed on. 

If the owner, agent or manager fail within twenty days, 

or such further time as may be shown to be necessary, 

after the requisition of the Inspector to make or cause to 

be made such plan, he shall be guilty of an offence against 

this Chapter. 

commiMioner 23. The Commissioner may at any time direct the 

SiPr^wrtsMto Inspector to make a special report with respect to any 

aoddents. accidcnt in a mine, which accident has caused loss of life 

or personal injury to any person and in such case shall 

cause such report to be made public at such time and in 

such manner as he thinks expedient. 



coROKRna. 

^jj^?*j_" ^ 24. With respect to Coroners' inquests on the bodies of 
noesto on deaths porsous whoso deaths may have been caused by explosions 
i?mi^^"^ or accidents in mines, the following provisions shall have 
effect : 

(1.) Where a Coroner holds an inquest upon a body of 
any person whose death may have been caused 
by any explosion or accident of which notice is 
required by this Chapter to be given to the 
Commissioner, the Coroner shall adjourn such 
inquest when the majority of the jury think it 
necessary so to adjourn such inquest to enable 
the Inspector wherever practicable, or some 
other properly qualified person appointed by 
the Commissioner, to be present to watch the^ 
proceedings : 

(2.) The Coroner, at least four days before holding the 
adjourned inquest, shall send to the Commis- 
sioner notice in writing of the time and place 
of holding such adjourned inquest : 

(3.) The Coroner, before the adjournment, may take 
evidence to identify the body, and may order 
the interment thereof: 

(4.) The Inspector, or such other person so appointed, 
shall be at liberty at any such inquest to 
examine any witness, subject nevertheless to 
the order of the Coroner : 

(5.) Where evidence is given at an inquest at which 
the Inspector,or such other person so appointed* 
is not present, of any neglect as having caused 
or contributed to the explosion or accident, or 



TRLB n.] BWDLATIOH <W HINBa. 71 

of any defect is or abont the mioe Appearing to Chap. 10. 

tbe Coroner or jnry to require a remedy, the 

Coroner shall send to tbe loapector notice in 
writing of Huch neglect or detaolt : 
^6.) Ally person having a personal interest in, or 
employed iu or in the management of the mine 
iQ which the explosion or accident occurred, or 
any relative of the deceased person upon whose 
body the inquest is to be held, shall not be 
qnaliBed to serve on the jury empannelled on 
the inquest ; and it shall be the duty of the 
constable or other officer not to summon any 
person disqualified under this provision, and it 
shall be the duty of the Coroner not to allow 
any such person to be sworn or to sit on the 

Every person who fails to comply with the provisions of 
this section shall be guilty of an offence against this 
Chapter. 



25. Tbe following general rules shall be observed, Boa«iwn>)rai» 
ftr M is reasonably practicable, in every mine : miS!"™* '' 

(1.) Aa adequate amount of ventilation shall be con- Teatiiuion. 
etantly produced in every mine to dilute and 
render harmless noxious gases to snob an extent 
that the working pUoes of the shafts, levels, 
etal^les, wiDzen, sampB, and workings of such 
mine, and the travelling ritads to and from such 
workieg places, shall be in a fit state for work- 
ing and paseiag therein. 
1) In every mine iu which inflammable gas has been 
found within tiia preceding twelve months, 
then once iu every twenty-four hours if one 
shift of workmcu is employed, and once in 
every twelve hours if two shifle are employed 
during any twenty-four hours, a competent 
persou or persoas, who shall be appointed 
fur the purpose, shall, before the time for 
commencing work in any part of the mine, 
inspect with a safety lamp that part of the 
loiDe, and the roadtvaya leading thereto, and 
eball make a true report to the manager of the 
condition thereof, so far as ventilation is con- 
cerned ) and a workman shall not go to work in 
•och part until the same and the roadways 
'" """" " thereto are stated to be safe. 



72 BEGULATION OP MINBB. [PART I. 

Chap. 10. (3.) Id every mine worked for coal or any stratified 

deposit, in which inflammable gas has not been 
found within the preceding twelve months^ 
then once in every twenty-four hours, a com- 
petent person or persons, who shall be* ap- 
pointed for the pnrpose, shall, so far as is rea- 
sonably practicable immediately before timo 
for commencing work in any part ot the mine, 
inspect that part of the mine and the roadways 
leading thereto, and shall make a true report 
of the condition thereof so far as ventilation is 
concerned ; and a workman shall not go to 
work in such part until the same and the road- 
ways leading thereto are stated to be safe. 

I^h^K.^^ (*•) ^^^ entrances to any place in a mine worked for 

coal or any stratified deposit i>ot in actual 
course of working and extension, shall be pro- 
perly fenced across the wholo width of such 
entrance, so as to prevent persons inadvertently 
entering the same. 

Btotiona. (5 ) j^ station or stations shall be appointed at tho 

entrance to a mine worked for coal or any 
stratified deposit, or to the different parts of 
the same mine, as the case may require ; and a 
workman shall not pass beyond any such station 
until the mine or part of the mine beyond the 
same has been inspected and stated to be safe. 

witbdrawaiof (&.) If at any time it is found by the person for tho 

y2wgCT.*°**** time being in charge of the mine or any part 

thereof that by reason of noxious gases pre-> 
vailing in such mine or such part thereof, or of 
any cause whatever, the mine or the said part 
is dangerous, every workman shall be with- 
drawn from the mine or such part thereof as 
is so found dangerous, and a competent person 
who shall be appointed for the purpose shall 
inspect the mine or such part thereof as is so 
found dangerous; and, if the danger arises 
from inflammable gas, shall inspect the same 
with a locked safety lamp, and in every case 
shall make a true report of the condition of 
such mine or part thereof; and a workman 
shall not, except in so far as is necessary for 
inquiring into the cause of danger or for the 
removal thereof, or for exploration, be re- 
admitted into the mine, or such part thereof as 
was so found dangerous, until the same is stated 
by such report not to be dangerous. Every such 
report shall be recorded in a book which shall 



mU n.] BIQCLATION OF UIHiS. 73 

be kept at the mine for the parpose, and eball Chap. 10. 
be eoterod by tlie person inakiDg the samo. 

(7.) lo every working approaching auv place where hietj iunp>. 
there is likely to be an accumulation of explo- 
sive gas, DO lamp or light other than a locked 
safety lamp shall be allowed or used ; and 
wheDever safety lamps are required by tbia 
Chapter, or by the special roles made in pur- 
saance of this Chapter, to be used, a compe- 
tent persou who shall be appointed for the 
purpose shall examine every safety lamp im- 
mediately before it is taken into the workings for 
Qse, and ascertain it to be secure and securely 
locked ; and in any part of a mine in which 
safety lamps are so required to be used, they 
shall not be used until they have been so ex- 
amined and found secure and securely locked, 
and shall not without due authority be aolocked; 
and in the said part of a mine a person shall 
not, unless he is appointed for the purpose, 
have in his possession any key or contrivance 
for opening the lock of any such safety lamp, 
or any luoifar match or apparatus ot any kind 
for striking a light. 

(8.) GnopQwder or other explosive or inflammable sub- on^wder urn 
■taoce shall only be used in the mine under-ground as '''"*^' 
follows: 

(a.) It sball not be stored in the mine. 

(&) It sball not be taken into the mine, except in a case 
or canister containing not more than six pounds. 

(e.) A workman shall not have in use at one time in any 

tone place more than one of such cases or 
canisters. 
A charge of powder which has missed Are shall 
not he uuratnmed : 
[t ehall not be taken into or be in the possession of 
any person in any mine or district of a mine, 
and ?hall not be used except in accordance with 
the following regnlatione, during three months 
after any inflammable gas has been found in 
any such miiie or district of a mine ; namely : 
competent porn^on who shall be appointed for the 
purpose sliuil, immediately before firing the 
shot, e:>:amine the place where it is to he used, 
and the pl^t^es contiguous thereto, and shall 
Dut allow the shot to be fired unless he finds it 
safe to do so; and a shot shall not be fired 
except by or under the directiou of a com- 
petent person who shall be appointed for the 



74 REGULATION OP MINES. [PABT I. 

Chap. 10. ^^^ If" s^ch inflammable gas issaes so freely that it 

shows a blue cap on the flame of the safety 
lamp, it shall only be used — 
(A.) Either in those cases of stone drifts, stone work, 
and sinking of shafts, in which the ventilation 
is so managed that the return air from the place 
where the powder is used passes into the main 
return air course, without passing any place in 
actual course of working ; or, 
(b.) When the persons ordinarily employed in the mine 
are out of the mine or out of the part of the 
mine where it is used, 
(e.) Where a mine is divided into separate districts in 
such manner that each district has an inde- 
pendent intake and return air-way from the 
main air-course and the main return air-coureei 
the provisions of this rule with respect to gnn- 
powder or other explosive or inflammable sub- 
stance shall apply to each such district in like 
manner as if it were a separate mine. 
Water and bore- (9.) Where a placo is likely to contain a dangerous 
**°^' accumulation of water the working approaching such place 

shall not exceed eight feet in width, and there shall be 
constantly kept at a sufficient distance, not being less than 
five yards, in advance, at least one bore-hole near the centre 
of the working and sufficient flank bore-holes on each side. 
siffnaisandman- (10.) Evory Underground plane on which persons travel| 
*^^ ^' which is self-acting or worked by an engine, ^^indlass, or 

gin, shall be provided (if exceeding thirty yards in length) 
with some proper means of signalling between the stop- 
ping places and the ends of the plane, and shall be pro* 
vided in every case, at intervals of not more than twenty 
yards, with sufficient man-holes for places of refuge. 

(11.) Every road on which persons travel underground 
where the produce of the mine in transit exceeds ten tons 
in any one hour over any part thereof, and where the load 
is drawn by a horse or other animal shall be provided, at 
intervals of not more than fifty yards, with sufficient man- 
holes or with a space for a place of refuge, which space 
shall be of sufficient length, and of at least three feet in 
width, between the wagons running on the tramroad and 
the side of such road. 

(12.) Every man-hole and space for a place of refuge 
shall be constantly kept clear, and no person shall place 
anything in a man-hole or such space so as to prevent 
access thereto, 
iiencuigof old (13.) The top of ovory shaft which for the time being 
'^^' ^ is out of use, or used only as an air shaft, shall be securely 
fenced. 



imilL] BBSULATION OF WNEB. 75 

(14.) The top and all entreDceH between the top and Cbap. 10. 
bottom of every working or pumping Bfaait shall be pro- ^^ , ^^ - 
perlyfenced ; but this shall not be taken tu forbid the tem- moM. to •!>■»■, 
parary removal of the fence for the pnrpose of repairs or 
other operations, if proper precautions are used. 

(15.) Where the nataral jtrata are not safe, every ■esaringaf 
vrnking or pnmpiog shaft aJlKll be secarety cased, lined, *'"''*' 
or otherwise made secure. ' 

(16.) The roof and sides of every travelling road and |^«^b« of n»fa 
working place shall be made secare, and a person shall not, 
loless appointed for the parpose ot exploring or repairing, 
tmvel or work in any sucli travelling road or working 
place which is not so made secure. 

(17.) In any mine which is nsoally entered by means of^'SoiuS." 
Duchinery, a competent porson of sach age as prescribed mubiDar;. 
hj this Chapter ehall be appointed for the purpose of work- 
ing the machinery which is omployed in lowering and raising 
persoDs therein, and shall attend for each purpose during 
tha whole time that any person is below ground in the 
mine. 

(18.) Every working shaft used for the purpose of draw- Bigmiuiw on 
iog minerals or for the luweriogor raising of persons shall, '™'''°« ''"'**• 
tfezeeeding 6fty yards in depth, and not exempted in 
niting by the Inspector, be provided with guides and 
e proper means of commuaicating distinct and definite 
_ als from the bnttom of the shaft and from every 
, BBtnoce for the time being in work between the surface 
~ dthe bottom of the shaft to the surface, and from the 
w fo the bottom ot the ahafl and to every entrance 
e time being in work between the sar&ce and the 
B of the shaft. 

A BofBcient cover overhead shall be nsed when oo>n oraMiMid 

_; or raising persons in every working shaft, except 

ft H is worked by a windlass, or where the person is 

i ahoat the pump or some work of repair in the 

where a written exemption is given by the 

rA single-linked chain shall not be used for lower- ouina, 
"eing persons in any working shaft or place except 
tort coupling chain attached to the cage or load, 
"lere aball be on the drum of ©very machine nsed gupping oi mpt 
t or raising persons such flanges or horns, and <™ ^^■ 
imm be conical, such other appliances, aa may 
JSDt to prevent the rope from slipping. 
fcThfire shall be attached to every machine worked smk ud isdi- 
■B . water or mechanical power, and used for lower- "'"'■ 
J or raising persons, an adequate break, and also a 
Ifnper indicator (in addition to any mark on the rope) 
L^uib ahows to the person who works the maobine the 
mliam nf tba caee or load in the shaft. 



76 BEGULATION OF MINBB. [PABT I. 

Chap. tO. (^3.) Every fly-wheel and all exposed and dangerous 

jig^f^tiinery parts of the machinery used in or about the mine shall be 

fenced. aud be kept securely fenced. 

Oftogesand (24.) Evory steam boiler shall be provided with a 

!»uS.^^^** °° proper steam gauge and water gauge, to show respectively 
the pressure of steam and the height of water in the 
boiler, and with a proper safety valve. 
Ladders. (25.) A ladder permanently used for the ascent or 

descent of persons in the mine shall not be fixed in a 
vertical or over-hanging position, and shall bo inclined at 
the most convenient angle which the space in which the 
ladder is fixed allows; and every such ladder shall have 
substantial platforms at intervals of not more than twenty 
yards. 
Dressing rooms. (26.) If morc than twelve persons are ordinarily em- 
ployed in the mine below ground, sufficient accommoda^ 
tion shall be provided above ground near the principal 
entrance of tne mine, and not in the engine-house or 
boiler-house, for enabling the persons employed in the 
mine to conveniently dry and change their dresses, 
oertainshafts (27.) Where one portion of a shaft is used for the 
ascent and descent of persons by ladders or otherwise, and 
another portion is used for raising the material gotten in 
the mine, the first mentioned portion shall be either cased 
or otherwise securely fenced off from the last mentioned 
portion, or no person shall be permitted to travel in the 
shaft when the shaft is working. 
Wilful damage, (28). No persou shall wilfully damage, or without 
^' proper authority remove or render useless any fence, 

fencing, casing, lining, guide, means of signalling, signal, 
cover, chain, flange, horn, break, indicator, ladder, plat- 
form, steam gauge, water gauge, safety valve, or other 
appliance or thing provided for any mine in compliance 
with this Chapter. 
Observance of ^29.) Evory pcrsou shall observe such directions with 
directions. respcct to workiug as may bo given to him with a view to 
comply with this Chapter or the special rules hereinafter 
provided for. 
Daily inspeoUon (30.) A Competent person or persons who shall be 
andllraSS!^ appointed for the purpose, shall, once at least in every 
twenty-four hours, examine the state of the external 
parts of the machinery, and the stale of the head-gear, 
working places, levels, planes, ropes, chains, and other 
works of the mine which are in actual use, and once at 
least in every week shall examine the state of the shafts 
by which persons ascend or descend, and the guides or 
conductors therein. 

Every person who contravenes or does not comply with 
any of the general rules in this section shall be guilty of 



TniB n.] HEGOLAtroH OP xniEB. 77 

u oSeDce Bgainst this Cbupter ; and in tlie event of any Chap. 10. 
contreTention of, or non-compliance with any of the said oi,ntr.tentioDo( 
eeoeral rules in the case of any mine by any person whom- "ou™ iMm» 
Boevei being proved, the owner, agent and manager shall 
each be guilty o( an ofl'once against this Chapter, unless 
he prove that ho had taken all reasonable means, by pnb- 
Jishing, and to the best of his power enforcing the said 
rales SB regntations lor the working of the mine to prevent 
iDcb contravention or non-compliaiice. 



26. The owner, agent or manager of any mine may ifspeeui niM in 

■ielhink fit transmit to the Inspector tor approval by the"'^ 

ComiDiseioner rules (referred to in this Chapter aa special 

nilBi)fi3r the conduct iind guidance of the persons acting 

in the management of such mine or employed in or about 

the mise as, under the particular state and oircomstancea 

of each mine, may appear best calculated to prevent dan- 

^eroDs accidents, and to provide for the safety and proper 

discipline of the person? employed ia or about the mine, 

udsnch special rules when established shall be signed by 

fin Inspector who is Inspector at the time sach rules are 

wtafaliBbed, and shall be observed in and abont every such 

nine ID the same manner as it they were enacted ui this i 

Cbtpter. 

J any person who is bound to observe tho special rales 

Lntablisbed for any mine acts in contravention of, or fails 

I to comply with any of such special rules, be shall be guilty 

Igf AD olfence against this Chapter, and also the owner, 

and manager of such mine shall each bo gnilty of an 

B against this Chapter, nnless be prove that he had 

Lttll reasonable menus by publishing and to tbe best 

tower enforcing tbe said rules as regulations for the 

J of the mine to prevent such contravention or 

^..^jpliance. 

IT* The proposed special rules, together with a printed spseu 
"* I apecifying that any objection to sHch rules on"""* 
"Htnd of anything contained therein or omitted 
ioafty be sent by any of the persons employed in 
"i tbe Inspector at bis address stated in such 
.J^ doring not less than two weeks before aocb 
raonaaitted to the Inspector, be posted up in like 
^.U provided in this Chapter respecting the 
Jk of special rules for the information of persons 
.Tin tbe mine, um! a certificate that such rales and 
v^oe'luiva becD so puttied up shall be sent to the Inspector 
fi tutoa sign^i^ ^ ^^^ person sending the same. 



78 



BEOULATION OF MJNES. 



[PART L 



Chap. 10. 



How modified. 



Amendment of 
i«pecial rules. 



Abstract of 
CtupCerpab* 



If the rnles are not objected to by the Commissioner 
within forty days afler their receipt by the Inspector they 
shall be estabh'shed. If the owner, agent or manager 
make any false statement with respect to the posting up 
of the rules and notices he shall be guilty of an offence 
against this Chapter. 

28. If the Commissioner is of opinion that the proposed 
special rules so transmitted or any of them, do not 
sufficiently provide for the prevention of dangerous acci- 
dents in the mine, or for the safety of the persons employed 
in or about the mine, or are unreasonable, he may, within 
forty days after the rules are received by the Inspector 
object to the rules, and propose to the owner, agent, or 
manager in writing any modifications in the rules by way 
either of omission, alteration, substitution or addition. 

If the owner, agent or manager do not within twenty 
days after the modifications proposed by the Commissioner 
are received by him, object in writing to them, the pro- 
posed special rules, with such modifications shall be estab- 
lished. 

If the owner, agent or manager send his objection in 
writing within the said twenty days to the Commissioner, 
the matter shall be referred to the Governor in Council ; 
and the date of the receipt of such, objection by the Com- 
missioner shall be deemed to be the date of the reference ; 
and the rules shall be established as settled by an order of 
the Governor in Council. 

29. After special rules are established under this 
Chapter in any mine, the owner, agent or manager of such 
mine may from time to time propose in writing to the 
Inspector for the approval of the Commissioner, any amend- 
ment of such rules or any new special rules, and the pro- 
visions of this Chapter with respect to the original special 
rules shall apply to all such amendments and new rules in 
like manner, as nearly as may be, as they apply to 
the original rules. The Commissioner may from time to 
time propose in writing to the owner, agent or manager 
of a mine in which there are no special rules, and to the 
owner, agent or manager of a mine in which there are 
special rules, any new special rules, or any amendment to 
such special rules, and the provision of this Chapter with 
respect to a proposal of the Governor in Council for 
modifying the special rules transmitted by the owner, 
agent or manager of a mine shall apply to all such pro- 
posed special rules, new special rules, and amendments in 
like manner, as nearly as may be, as they apply to BVLch 
proposal. 

30. For the purpose of making known the special rnleSi 
if any, and the provisions of this Chapter, to all persons 



Tltun.] BEODLATIOR OF IDNBS. 79 

emplojed in and aboat each mine, an abstraot of the Chaf. 10> 

Chapter aupptied on the apptication of the owner, agent 

ormuiagerot the mine, by the CommiBsioner, and an entire 
copy of the special rates, (if any), shall be published as 
iolloin: 
(1.) The owner, agent or manager of snch mine shall 
cause sach abstract, and rales (it any), with the 
name of the Inspector, and toe name of the 
owner, agent or manager appended thereto, to 
be posted np in legible characters, in some 
conspicnons place at or near the mine, where 
they may be conveniently read by the persons 
employed ; and so often as the same necome 
deraced, obliterated or destroyed, shall canse 
them to be renewed with all reasonable des- 
patch. 
(!■) The owner, agent or manager, shall supply a 
printed copy of the abstract and the special 
rales (it any) gratis to each person employed 
in or about the mine who applies for snch 
copy at tbe office at which the persons imme- 
diately employed by snch owner, agent or 
manager are paid. 
(3.) Ererjr copy of tbe special ralea shall be kept dis- 
tinct from any rnles which depend only on the 
contract between the employer and the em- 
ployed. 
If any owner, agent or manager fail to act in compliance 
"h this aectioo, 06 shall be guilty of an offence against 
I Chapter; but the owner or manager shall not be 
d guilty if be prove that he has taken all reasonable 
J by enforcing the observance of this section, to 
mt such non-compliance. 

Every person \fho pulls down, injures or defaces DttuiBgoiMea. 
jffoposed special rules, notice, abstract or special 
twbeo posted up, in pursuance of the prorisiona of 
^Mpter, with respect to special mles, or any notice 
tup in pursuance of tbe special rules, shall be guilty 
lifence againat this Chapter. 

^Tbe Inspector shall, when required, certify a copy, oertiaed oopy ot 
ia dbowQ to his satisfaction to be a true copy, of any JS^^tii^S!' '" 
I roles which, for the time being, are established 
Ptti* Chapter in any mine ; and a copy so certified 
9 evidence (but not to the exclusion of other proof) 
k special rules, and of the fact that they are duly 
ifiaiiea under this Chapter) and have been signed by 
lht Inspector. 

k 



80 



BEGULATION OF MINES. 



[PkUr I. 



Chap. 10. 



PENALTIES. 



Other employes 
liable aaxne as 
owners, Ac 



Penalty for of- 
foioes against 
this Chapter. 



In certain oases 
owner, Ac, not 
liable to proeeou- 
tlon. 



Penalties, &c., 
recovered in 
name of In- 
spector. 



Proceedings 
within three 
months. 



Owner, Ac., can 
be witness. 



Application of 
penalties. 



S3. Every person employed in or about a mine other 
than an owner, agent or manager, who is guilty of any 
act or omission which in the case of an owner, agent or 
manager would be an offence against this Chapter, shall 
be deemed to be guilty of an offence against this Chapter. 

34. Every person who is guilty of an offence against 
this Chapter shall be liable to a penalty not exceeding, if 
he is an owner, agent or manager, eighty dollars, and it he 
is any other person, eight dollars, for each offence ; and if 
the Inspector has given written notice of any such 
offence, to a further penalty not exceeding five dollars for 
every day after such notice that such offence continues 
to be committed. 

35. No prosecution or other proceeding shall be insti- 
tuted against the owner, agent, or manager of a mine to 
which this Chapter applies, for an offence under this Chapter, 
which can be prosecuted before a Justice's Court, except 
by the Inspector, or with the consent in writing of the 
Commissioner ; and, in case of any offence of which the 
owner, agent, or manager is not guilty, if he prove that he 
had taken all reasonable means to prevent the commission 
thereof, the Inspector shall not institute any prosecution 
against such owner, agent, or manager, if satisfied that he 
had taken such reasonable means as aforesaid. 

36. All penalties under this Chapter, and all moneys 
and costs by this Chapter directed to be recovered as 
penalties, may be sued for and recovered in the name of 
the Inspector in the same manner and in the same courts 
of law in which ordinary private debts of a like amount are 
sued for and recovered. 

37. Any complaint or suit made or brought in pursuance 
of this Chapter shall be made or brought within three 
months from the time when the piatter of such complaint 
or suit respectively arose. 

38. The owner, agent, or manager, may, if he think fit, 
be sworn and examined as an ordinary witness in the cctse 
where he is charged in respect of a contravention or non-' 
compliance by another person, 

39. Where a penalty is imposed under this Chapter for 
neglecting to send a notice of any explosion or accident 
or for any offence against this Chapter which has occasioned 
loss of life or personal injury, the Commissioner may (if 
he think fit) direct such penalty to be paid to or distributed 
among the persons injured and the relatives of any persons 
whose death may have been occasioned by such explo8tOD| 
accident or offence, or among some of them. 



1TIU S-] BIQULITIOH 07 HIMES. 81 

ProTidedtbait8QchperBOD8did notinhisopiaionoccasioD Chjip. 10. 

or coitribute to oocasion the explosion or accideot, and ~ 

did not commit, and were not parties to oommitting the 
offence. 

SiTi ae aforesaid, all penalties imposed in puranance of 
tiiie Chipter shall be paid on receipt of the same into the 
{VoTineial Treasary. 

MUCBLLANBOIIB, 

40. In the working of>, coal and other minerals in sub-Bcpibtiuuuio 
oariDe areas: ^SSS'^"'^ 

(1.) No submarine seam of coal or stratified deposit of 
other miaera] shall be wronght under a less 
cover than one hundred and eighty feet of solid 
measures ; Provided that the owner or leasee 
of any snch area may drive passage-ways, to win 
the mineral to be wroaght, under a less cover 
than one hundred and eighty feet, but not 
under less than one bnndred feet of solid 
measnres : 

(2.) A barrier of the mineral wrought of not leas than 
fifty yards, "twenty-five yards on both sides of 
the bonndary lines of every lease, shall be left 
unwrou^t between the workings of every 
Bubmarine seam : 

(3.J The workings of every each submarine area shall be 
laid o(f in districts of an area not greater than 
half of one square mile, and the barrier enclosing 
each separate district shall not be less than 
thirty yards thick, and shall not be pierced by 
more than three passage ways having a sectional 
area not greater than six feet by six feet : 
I No district shall have its length when parallel to 
the general trend of the adjoining shore greater 
than one mile. 
i A. proposed systeni of working the mineral in each 
eobmarino area shall before work is commenced 
be submitted to ftod approved of by the 
luspector ; and no ciiange shall be made in snch 
approved system without the written sanotioD 
of the Inspector, 
eopasing of a new level or lift in a mine already 
workiug in a submarine area shall be deemed 
tbe commencement of a new winning in the 
meaning of thia clause. 
BOirner, agent or manager of every mine to which 
"mo applies, who transgresses or faila to comply 



82 



BEGHLATION OF KOfEB. 



{vast U 



Ifioerals to be 
-weighed. 



Proviao. 



Chap. lO. ^i^^ ^^7 provision of this section shall each be Hable to a 
" penalty not exceeding one thousand dollars, and if the 
offence complained of is continued or repeated after a 
written notice has been given by the Inspector to each 
owner, agent or manager of any such offence bavine been 
committed, the Supreme Court or a Judge thereof, whether 
any other proceedings have or have not been taken, may 
upon application of the Attorney General prohibit by 
injunction the working of such mine. 

41. All coal, iron ore, or other mineral extracted from 
mines leased by the Crown, on which royalty is payable, 
shall be weighed at the mine. The overrun allowed for 
rough weighing shall not exceed the true weight by one 
and a half per cent. 

A competent person shall be appointed weigher by the 
owner or agent, who shall enter in a book specially kept 
for the purpose the weight of every weighing, and shalt 
make a true report to the office at the mine of the weigh- 
ings so made by him : provided always that it shall not be 
necessary to weigh every car load or tub of coals ; but 
the Inspector may agree with the manager, owner or 
agent of any mine as to the weight by the gauge or ave- 
rage weight of such car loads or tubs : provided, however, 
that in no case shall a less quantity than every tenth car 
load or tub be so weighed as aforesaid. Every person who 
foils to comply with the provisions of this section shall be 
guilty of an offence against this Chapter. 

42. All notices under this Chapter shall be in writing 
or print, or partly in writing and partly in print ; and all 
notices and documents required by this Chapter to be 
served or sent by or to the Commissioner or Inspector may 
be either delivered personally, or served and sent by post 
by a prepaid registered letter ; and, if served or sent by 
post, shall be deemed to have been served and received 
respectively at the time when the letter containing the 
same would be delivered in the ordinary course of post ; 
and in proving such service or sending it shall be sufficient 
to prove that the letter containing the notice was properly 
addressed and put into the post. 

43. The special rules which are in force in any mine un- 
der the sanction of an Inspector a]ppointed under the Act 
entitled '' An Act to consolidate the Statutes relating to 
Mines and Minerals,'' shall continue to be the special rules 
in such mine until special rules are established for such 
mine under this Chapter, and while they so continue, 
shall be of the same force as if they were established under 
this Chapter. 



Kotioes wrred 
penonally or by 
post. 



Oontintumoe erf 
exiBting ipeclAl 
rules. 



TULB n.] RSGITLATTON OF HDTEB. 83 

Chap. 10. 



FOBHOF NOTICE OF EXPLOSION OB ACCIDEHT TO BE SEBT TO 
THE DEPABTUEHT OF HIMBS. 

Name of Mine 

Date .». 

Tothe HonoraMe the CommiBsioner of Public Works and 
Mines, Halifax, N. S. : 
StB,— Id pnrsnancfl of Chapter 10 of the Bevisocl 
StatnteB, " Of the Begalation of MineR," I beg to give 70a 

mtice that an (^) has occnrred at Uiis mine, of 

vbich the following are the particnlars :— 

Place where the accident occurred 

Dite of the accident 

Chiracter of the accident 

If from explosion, whether of gas, powder, or J 

any steam boiler \ 

Kninber, ages, and names of persons killed 

Nniaber and names of persons ) 

injured seriously t 

Knaiber and names of persona Y 
tBJnred slightly m f 

Nnmber and relation of persons dependent on persons 

1 am, Sir, 

Your obedient servant 



(Signature.) 



84 



CROWN LANDS. 



[PART I. 



Chap. 11. 



CHAPTER 11. 



Title of Com- 
missioner. 

Appointment of 
DepnUes. 



Ddties. 

Bond. 
Oommiflrion. 



Depaty to re- 
ceive and pre* 
serve county 
plan. 



Deputy to give 
I nf ormation. 



Fees. 



Instmctionf. 



Depntiea to ren- 
der quarterly 
acGonnta. 



Al&daviU 



OF THE CROWN LANDS. 
PART FIRST. 

1. The Commissioner of Crown Lands shall continue 
to be styled the Commissioner of Crown Lands. 

2. The Governor in Council, upon the recommendation 
of the Commissioner of Crown Lands, may appoint one or 
more deputy surveyors in each county, for the performance 
of such duties as may be required under the orders issued 
from the department. Every such deputy shall upon his 
appointment execute a bond to the Commissioner with two 
sureties for the faithful discharge of the duties of his 
office, and shall thereupon receive a commission in the 
diistomary form to be approved by the Governor in Council. 

3. Each deputy appointed under this Chapter shall be 
supplied with a copy of the general plan of the county to 
which he is named, which he shall preserve with all other 
documents and plans connected with the lands of the county 
in some convenient place or office within the county, where 
access can be had for information by the inhabitants — 
such plans, papers and docitmentfl to be held as the property 
of the Province and to be transferred to his successor in 
office whenever appointed. 

4. Such deputy shall give all necessary information to 
persons respecting the lands within his county whenever 
applied to for that purpose, and shall furnish any copies of 
plans that may be required, for which he shall be entitled 
to the following fees : 

Each search twenty cents. 

Copy of plan with necessary connection fifly cents i 
and larger plans as may be agreed upon. 

5. Instructions shall be furrished each deputy, by the 
Commissioner of Crown Lands, for his guidance in the dis- 
charge of his duties. 

6. Every deputy surveyor at the expiration of each 
quarter of the year shall render his account for services, 
and transmit with the same a list or return of surveys to 
the Commissioner, accompanied by an affidavit in the fol- 
lowing 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 by me, 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 



this) 



day 



of. 



A.D. 18— . y 
— J.P, j 



HTUSn-l CROWN LANDS. 85 

7. Subject to the praviBions bereioafler Rontained, any Chap. 11. 

Etaon upon due application to the GommiBsionBr of CroWQ pbh^mb how" 
.ods may become the purchaser of such crown lands as '»»^- 
xoay be for sale, upon maklDg immediate payment therefor 
-to the Treasurer ; and, apoii the passage of the grant 
-thereof, shall be entitled to enter into possession, and not 
before, nnless nnder authority in writing from the Com- 
miseioner of Crown Lands npon bis report being approved. 

8. If at the time of any »pplicAtion for land there was whaogtuu 
anj dwelling hoQse on the land in which any person other TJT *" <>miued 
Iran the applicant then and for a year previously had oon- 

tinnally resided ; or in case Sve acres at least of the land 
had been cleared or cnltivated during such person's actual 
pouesBion, and had been for at least one year in his con- 
itant nse ; then, nnless such facts shull have been com- 
Mtucated to the Commissioner before the passing of the 
grant, the Governor in Council at any time within two 
fsua from the passing thereof may, if it shall appear 
proper so to do upon the report of the Commisaioner of 
CniWD Ijands setting forth the facts, declare the grant to 
iw vacated ; and the same shall thereupon become void, 
ud the grantee shull tlierenpon cease to have any interest 
ID Ench land, which may be granted to any applicant as 
if it bad never been previously granted. 

9. It shall be in the discretion of the Qovernor inoovenwrm 
CouEci! to decide upon all questions of the temporary SS^'^JSi!: j 
occapation of crown lands for a shorter period than in the" 
flighcb clause ; and the decision shall be binding on all 

^ parlies w)io claim such possession, upon their being noti- 
aed previously to such decision in time to enable them to 
Wert tboir claims. 
10. All surveyors appointed by the Commissioner ofoi 
_ E^WD Lands as his deputies shall administer oaths to the 
chtinmen before they proceed upon any survey, that they 
*ill well and truly perform the service according to the 
Wtof their skill and judgment under the directions they 
iball receive from stuch deputy surveyors. 

11. Any deputy surveyor when engaged in the duties Burveyornur 
of hia profession may pass over, measure along, trace, and ^""""p 
uctrtain the bearing of any township line or the line of 
any grant or other governing or side line, and for such 
porposes with his assistants may pass over the lands of any 
penoo whomsoever, doing no actual damage to snch lands ; 
Uij no action shall lie iig^iinst such surveyor or his assist- 
Witafbr auy act dooo ander this section. 

IS. When application is made for crown lauds for orowii°*iud tm 
lumbering or other purposes than for settlement, the Com- ^pUJSf'^ ""^ 
BiiwioQerof Crown Lands shall cause an accurate survey 
la be Bide of kbs tract applied for ; and all lots reported ^ 



86 CBOWN LANDS. [PABT I. 

Chap. 11. fit for settlement shall be marked on the plan or survey 

and reserved for agricultural improvement. 

Grantoof on. ^3. The lots uot SO designated and reserved may be 
iwrvediots. granted at the rate of sixty cents an acre. 
Extent offfranto H- It shall uot be~ lawful to grant to anyone person, 
pOTMBsT^ partnership or corporation more than two thousand acres 

of Grown Lands for lumbering purposes as aforesaid. 
Woeof land! 15. The prico of crowu lands granted for agricultural 
?3Sire. *^^ purposes shall be forty-four cents an acre. 
Affidavit reqair- 16. No grant of crowu lauds for agricultural purposes 
edowappuoa- gj^^^ y^^ made, unless the application therefor shall bo 
accompanied by an affidavit made by the applicant or party 
in possession before a Justice of the Peace that the same 
is intended solely for cultivation and improvement. 
SSdedi^kSi 17. The lots so reserved for settlement and improve- 
ment shall be subdivided into lots as nearly as may be of one 
hundred acres; and it shall be lawful to grant three 
hundred acres to one applicant, but no more unless by 
special order of the Governor in Council. 
2w wit*^ ^ ^^* ^^^ Commissioner of Crown Lands with the sane- 
**° * tion of the Governor in Council may order roads to be laid 

out to accommodate the settlers of such reserved lotS| 
when it shall be deemed advisable so to do ; and the settlers 
Boad-work In ^ jjjj^y bc allowed to pay part of the price of such lands in 



_ payment ^ - _ _ _ ^ _ 

^ labour on the opening and making of such roads under 

such inspection and supervision as the Governor in Council 
shall direct. 
Grants to per- 19. Persous in posscssiou of crown lands for anv term 
Zr 1^ ST" less than sixty years mtij be required to pay for the same, 
sixtyyears. ^^^ ^\^q grants thereof, if their possessions are not subject 
to encumbrance by mortgage, judgment or otherwise ; 
and if such lands are claimed by others under mortgage, 
judgment or otherwise, the Commissioner of Crown Lands 
may inquire into the respective claims, and make an 
arrangement of the same with the approval of the Gov- 
ernor in Council, and decide to whom and under what 
condition grants shall pass ; and, if the persons in posses- 
sion refuse or neglect to comply with such conditions and 
arrangements, after receiving due notice thereof, they may 
be ejected at the suit of the Queen by the ordinary pro- 
cess of ejectment, as provided by the Chapter, " Of Plead- 
ings and Practice in the Supreme Court,'' and the forms 
therein contained for the recovery of the possession of 
land in civil actions. 
Penalty for cat- 20. If any grantee of such land, so granted as afore- 
^todUnda^ said for lumbering purposes, or his assigns, shall cut down 
or cause to be cut down any trees growing on other 
ungranted lands in the vicinitj of such land so granted to 
him, or shall purchase or receive any trees, timber, spars 



■mun.] cBOWH lards. 87 

or \a^ cat on each angranted Ibods by other pereoDs, Chap. 11. 

knoviDg the same to Lave been cut on snob UDgrattted 

ludi, be shall lutfeit and pay for each of sach trees, logs, 
span or pieces of timber, not leas than two dollars, nor 
more than forty dollars, to be saed for' and recovered 
before sny stipendiary magistrate or any two justices of 
the peace, by any person who shall sue for the same, as a 
priratadebt; and one-half of the amount recovered shall t 

be paid to the party BUtng, aud the other half into the 
PfoviDoial Treasury. 

21. In all cases where there remain balances due upon osminiidoner 
Mtitions of applicants for crown lands, approved by the S^irt^e'*'^ 
GoTernorinCouncil, it shall be the duty of the Commissioner J^^JiJ^""*" 
of Gtown Lands to notify the respective parties that, unless monoid 
vithin three monttis after notice served upon them they 
reipaotively pay the balances doe by them, their iuterest 

in anch lands shall forthwith cea^e ; and the same may be in dtfunit Omu- 
diBpoaed of by thd Commissioner, at public auction or diipo^ ullda. 
prJrate sale, to the highest bidder; and out of the pro- 
ceeds the balances due shall be deducted, and the residue 
paid ta the original applicants. 

22. The Commissioner of Crown Lands may give three °°'"";'»"'Sf. 
imntlu' notice to quit and deliver ap possession of any ^£,^<Kieg to 
lot or piece of ungranted land to any person in possossioa '*^^- 
thereof, or claiming any right or interuBt therein. 

23. If, at the expiration of that time, such possession u i»»eu<oii i:< 
Ih not given up, and the party still remain in possession, it p^qT^^Ele 
•hill be lawful for the Commissioner of Crown Lands, or "™"*'*' 
•ojCiranly SuTVByoT, to nbtain a warrant from any jus- 
tices of the peace to arrest the party npon whom such 
^tiee was served, upon oath being made of the service of 

ID notice, and that such party still remains in possession 
s title to or au inttirest in the lands referred to in 
P notice. 

The party shall ho arrested by any Sheriff or p»rty«o txr«t- 
^^_ ible, under such warrant, and committed to the mi^^i™' 
I SRnty or district jail, there to remain until such posses- g^^,S^'or 
uenbe given up, or until the party shall have entered into bondguen. 
tboDd, with two sufficient sureties, to pay the costs of a 
pnuecutiou, in case a judgment should be given iu favor 
of nicb prosecution. 

25. when any such bond shall have been entered into, 5^™^^,^^^ 
the case «hall be tried in a snmmary way in the Supreme G lummiiry 
Court, ""*'■ 

88. On the trial thereof, the title of the Crown ^'i*'! SJS ^*b^«B. 
not be contested ; but the defendant shall be et liberty to mm. 
prove, io defence, either that he, or those under whom be P"'-!"- 
claimed to hold posijessiou, has or have derived title from 
Uw Crown of the lands in qaeation, or that he was in 



L 



88 CROWN LANDS. [FABT I. 

Chap. 11. posgession of the whole of the lands in- dispute for at leasl 

twenty years. 
Court may order 27. The Court shall, if judgment be givea in favor of 
gWra^y Sheriff, the pFosecotion, order possession of the land to be delivered 
by the Sheriff to the County Surveyor, on behalf of the 
Crown, 
m^°^lSt^ 28. The Court shall also award to the successful party 
the costs, as in summary cases, with such further costs as- 
may be reasonable, and as may be taxed and allowed by a 
Judge, 
p^vioiu reme- 29. Nothing herein contained shall be construed to 
byttSs Chapter. affect or abridge any other legal remedy for obtaining 

possession of crown lands. 
Bond how to be 30. The bond mentioned in Sections 24 and 25 shall be 
m^de and sued n^ado to the Commissioner of Crown Lands for the time 
being, and shall be in the form in Schedule A ; and the 
same shall be sued on by the Commissioner of Crown 
Lands, who shall be in office at the time the same is for- 
feited, or his successor for the time being. 
BegniatiDg trial 31. As soou as the boud is executed the cause shall be 
of cause. placed on the summary docket of the Supreme Court, and 

shall be tried at the next sittings or term thereof, in the 
county where the lauds lie ; and no notice of trial shall b& 
necessarv. 
Judgment. 32. When the Court have given judgment, a Record,, 

as in Schedule B, shall be made and filed, and a copy 
registered in the office of the Commissioner of Crown 
Lands ; and the Court shall grant a writ of possession, the 
form of which shall be as in Schedule C. 



SCHEDULE A. 

Enow all men by these presents, that we A. B., of 

, C. D., of , and E. F., of , are held and 

firmly bound to 6. H., Commissioner of Crown Lands 
for the Province of Nova Scotia, in the sum of three 
hundred dollars, for which sum to be paid to the said 6. 
H., and his successors in office we bind ourselves, and 
each of us himself, our and each of our heirs, executors, and 
administrators, firmly by these presents, sealed with our 
seals and dated the day of ^ A. D. 18— . 

Whereas the above bounden A. B. has been proceeded 
against under the provisions of Chapter 11 of the Revised 
Statutes, *' Of the Crown Lands," to compel him to give 
up the possession of a certain lot of land claimed to be 
the property of our Sovereign Lady the Queen, and the 
above bounden A. B. is desirous of being discharged from 



mu n.] OBOWN lauds. 8 

ciatody on giving s bond with sureties under Section Chap 11. 

twenty-fonr of each Chapter, and the said 0. D. and £!. P. 

tiBveigreed to become his sureties. 

Now, tho coaditioQ of the foregoing obligation is Buch, 
tbat if the said A. B. shall well and truly pay all costs of 
the prowcution tbat he may be adjudged to pay nnder the 
provisions of the said Chapter, then these presents are to 
be Toid, otherwise to remain in full force and virtue. 



Signed, sealed, 


A.B. 


[L.8. 


ud delivered in 


0. D. 


[L.8. 


preseaceof J. J. 


E. P. 


[L.B. 



^; 



SCHEDULE B.— Record. 

In the Supreme Court at , on the 

day of A. D. 18—. 

Our Sovereign Lady the Queen took proceedings under 
Cbpt«r 1 1 of the Revised Statutes, " Of the Crown Lands," 

yiiDBtA. B. for withholding possession of a certain lot 
land situate, lying, and being at , in the County 

of' , aLd described as folbws : that is to say — 

And the said A. B. appeared and defended the possessioa. 
Therefore it is considered that our Sovereign Lady the 
QnetD do recover possession of the premises above men- 
tioned, with the appnrteuaaces, and also $ — for her costs 
of toit. 



SCHEDULE C. 



In the Supreme Court at . 18- 

Victoria, bv the Grace of God, Ac. 



To the Sheriff of ■ or bis Deputy : 

Greeting : 
l^ereas certaio proceediogs were taken in the Supreme 

CooTtat • agninst A. B. for withholding the posses- 

tioB of a certain lot ol Crown Land situate ^t , 

described as follows : (description^ and the said A. B. was 
conricted of wrongfully holding tne same against the true 
intcDt and meaning of Cbapter 11 of the Revised 
Statutes, " Oi the Crown Lands,'' and it was considered 
that oor Sovereign Lady the Qaeeo should recover the 
pojaesfion of the said tot of land from the said A. B., and 
tiial the mid A. B. should pay to our said Lady the Queen 
the sum of - for coats of prosecution : 



90 



CROWN LANDS. 



[PABT I. 



Chap. 11, 



'J'herefore we command you, without delay, to cause our 
said Lady the Qneen to have the possession of the said lot 
of land with the appurtenances ; and we also command you 
tliat you cause to be levied of the goods and chattels oi 

the said A.. B. in your bailiwick the sum of and for 

want of goods and chattels of the said A. B. to satisfy the 
sum aforesaid, we command you to take the body of the 

said A. B. and him commit to our jail in , there to 

remain until he pay the said sum or be discharged accord- 
ing to law. 

Issued the day of — — , A. D. 18 — . 

, Prothonotary. 

L. M., Attorney of Plaintiff. 



PAST SECOND. 



OF FREE GRANTS AND HOMESTEADS. 



Crown Lands 
may be appro- 
priated as free 
grants. 



Looatee of free 

grant. 



Age of looatee 
and ttmit of 
grant. 



Preliminary affl- 
darit to be de- 
posited with 
OommiisioDer of 
Grown Lands. 



1. The Governor in Council may appropriate any crowa 
landfl — considered suitable for settlement and cultivation, 
as free grants to actual settlers, under such regulations 
as shall from time to time be made by Order in Council, noi 
inconsistent with this Chapter. 

2. The person to whom any land shall be allotted or 
assigned under such regulations for a free grant thereof^ 
shall be considered as located for such land within the 
meaning of this Chapter, and is hereinafter called the 
locatee thereof. 

3. No person shall be located for any land under this 
Chapter or such regulations, unless such person shall be of 
the age of eighteen years or upwards, nor shall any person 
be so located for any greater quantity than one hundred 
acres. 

4. Before any person shall be located for any land, as 
aforesaid, such person shall make affidavit, to be deposited 
with the Commissioner of Crown Lands, that he has not 
been located for any land under this Chapter, or under 
such regulations, that he is of the age of eighteen 
years or upwards, and believes that the land for which he 
applies or desires to be located, is suited for settlement 
and cultivation, and that such location is desired for bis 
benefit, and for the purpose of actual settlement and cul- 
tivation of such land, and not, either directly or indirectly, 
for the use or benefit of any other person or persons whom* 
soever. 



HOI il] CBomr lahdb. 91 

S. 'So grant shall issne for any land located aikler thta Chap. 11. 
Ctspter, orander Booti regalatioDS, until the expiration o{^^j;^~;;^ 
five rears from the date of sncb location, nor nnleaa, nor>»a- 
nntil, the locatee or those claiming under him, or some of 
them, shall have performed the folloving settlement duties, 
that is to My : shall have cleared and have under cultiva- 
tioD at least fifteen aores of such land, whereof at least 
tvo aores shall be cleared and oaltivated annually during 
the five rears next after the date of the location, to be 
compated from aach date, shall have built a houue thereon 
Et for liabitatioD, at least aixteen feet by twenty feet, and 
iball have actually and continuoosly resided upon and 
cnltivated such land for tbe term of five years nest suo- 
ceediDg the date of such location, and thence up to the 
iune ot the grant ; except that tbe locatee ehall be allowed 
one month from the date of the location, to enter upon and 
occnpy the land, and that absence from such land for, in 
all, not more than six montha during any one year, (to bo 
compated from the date of the location), shall not be held 
to be a cessation of such residence, provided such land be 
colttTated as aforesaid. 

i Oo fiiilure in tbe performance of the settlement ri»Mtiu«i>t 
JntieB aforesaid, the location shall bo forfeited, and all"™**"^ 
right of the locatee, or of any one claiming ander him, in 
the land shall cease. 

?■ On the death of the locatee, whether before or after DMmt, 
tbe iisDe of the grant for any land so located, leaving a 
widow him snrviving, all his then right and interest in and 
to nch land shall descend to and become vested in his 
widow during her widowhood in lieu of dower ; but such 
~ "Idv may elect to have her dower in such land in lieu of 
, provision aforesaid. 

S. Neither the locatee nor any one claiming under him Fmronoiu^ 
flhallLave powor to alienate (otherwise than by devise), or ESf"""™' 
, to mortgage or pledge any land located aa aforesaid or any 
I ngfator interest therein, before the issue of the grant. 

t. No alienation, (otherwise than by devise,) and no ceruia >iieiu- 
I Wltgsee or pledge of such land, or of any right or io."™""*'- 
Inwi therein by the locatee after the issue of the grant, 
ud nrithin twenty years from the date of such location, 
Bad during the lifetime of the wife of such locatee, shall 
be valid or of any eflect j unless the same be by deed, in ; 
which she iiliall be one of the grantor? with her husband, 
nor onles* such deed ie executed by her in the same pies' 
«Dce, and there are tlia same examination and certificate 
tnd at the same time, aa shall be at the data of such dead 
nqnired by law, in the case of married women conveying 
ttair real estate, 



92 



TRESPASSES TO CROWN PROPBRTT. [PART L 



Friordebt. 



Exempt 
levy, so. 



from 



Chap. 12. 10. No land located as aforesaid, nor any interest there- 
in, shall in any event be or become liable to the satisfac- 
tion of any debt or liability contracted or incnrred by the 
locatee, his widow, heirs or devisees, before the issuing of 
the grant for such land. After the issuing of the grant 
for any such land, and while such land or any part thereof 
or any interest therein is owned by the locatee, or his widow, 
heirs, or devisees, such land, part or interest shall, during 
twenty years next after the date of such location, be ex- 
empt from attachment, \*^vy under execution, or sale for 
payment of debts, and shall not be or become liable to the 
satisfaction of any debt or liability contracted or incurred 
before or during that period, save and except any debt 
secured by a valid mortgage or pledge of such land made 
subsequently to the issuing of the grant therefor. 

11. Nothing in this Chapter shall be construed to 
exempt any land from levy or sale for rates or taxes, now 
or hereafter legally imposed. 

12. Every grant to be issued for land located as 
aforesaid shall state in the body thereof the name of the 
original locatee of such land, and the date of such location, 
and that such grant is issued under the authority of this 
Chapter. 



Land liable for 
xatee, Ac. 



Form of grant. 



CHAPTER 12. 



Vopenonto 
eat wood, open 
mines, &e. with- 
out Ifoenae. 



FenaUgr. 



Proieeatlon, 
how oondncted, 
Ao 



Sheriffs, ohief 
•orreyors, fte«« 
empowered to 
pioteot crown 
property. 



OF TRESPASSES TO CROWN PROPERTT. 

1, No person shall cut down or remove any trees or 
wood of any description on any crown lauds, or open any 
mine or dig or raise any minerals belonging to the Crown, 
or remove, use, injure, or destroy any trees, wood, lumbefi 
or minerals, being crown property, without license from 
the Governor or other legal authority, under the penalty 
of not less than eight dollars nor more than eighty dollars 
for each offence, in addition to the value of an; such trees, 
lumber, wood, or minerals which shall have been cut down, 
raised or removed, and in addition to any damages com- 
mitted on the land of the Crown — the amount of which 
value and damages shall be found by the jury. The prose-' 
cution may be in the name of the Queen ; and on conviction 
the court shall determine the amount of penalty, and judg- 
ment shall pass for such penalty, and also for the value 
and damages aforesaid, and costs of suit. 

2. The Sheriff and the chief surveyor of each county, 
and such other person as the Governor in Council may see 
fit to appoint, are severally empowered and required vigi- 



TnLBO.] TBISPASSES TO CBOWN PBOPEBTT. 93 

buitl/ to protect the landB, timber and minerals belonging Chap. 12. 

tolbe Grown in their reapective coantiea, and to prevent — 

eocroachmentH and treepassea on the lands and mines of 
tbe Crowii, and the nnlawful removal of trees, timber, 
lamberaud minerals of the Crown. 

3. It shall be their dntj, respectively, toaeize trees and n^duiM, 
wood illegally cat, and the' lumber made thereoot and '**"' ** 
mioersU illegaUy raised on the lands of the Crown in their 
respective counties wherever the same may be found, and 

aJfo to follow and seize the same in any other county to 
wbicb they may have been removed ; and also to seize in 
their respective counties trees, timber, logs and lumber of 
the Crown illegally cut or made, and minerals of the Crown 
illently raised iu any other county and removed into their 
Hud coQDties ; and they shall have power to use all suitable 
and ttecessary means for guarding the same until condem- 
aatioo, and to authorize persona to act in assistance of and 
under them. 

4. Immodiately after seizure the seizing officer shall ProesBiiingi 
report tbe facts to the Commissioner of Crown Lands, and "i™^ 
shall obey his iustructions as to further proceedings. 

5. If any one or more of the parties concerned in cot- Fmasediiin 
ting or raising or in removing or having in poasesaion tbe ^^^i^^ 
property seized shall be known, a Justice of the Peace JJ^j^"* 
either of the county where the property seized was cut or 

raised or where it was seized shall, on the application of 
anf of tbe said officers or persons acting by authority of 
fiieCtunniisMoner of Crown Lands, issue a notice in the 
'orm in Schedule A. against any one or more of the parties 
oknowQ ; and service on any one or more of them per- 
iBtily, or by leaving a copy of the notice at his or their 
jti&Jace of abode, shall be sufficient to bring on a trial 
■ for tbe condemnation ot the property. If the parties Pn»»ituB 
■st known a copy of the notice snail be posted on the ^^^^"^ 
^ house door or in some other pablic place at least ten 
E^before trial. Should no claim be made at the time 
iplace mentioned in the notice, the property shall be 
Ihereopon forfeited ; and, ia case of claim, two justices 
■bsU then and there or at some other adjourned time and 
place hear evidence and adjudicate, and either condemn 
Uiepropei'ty or order it to bo released with costs. 

The sentence of condemnation may be in the form soitsBnat 
'«dule B; and a copy thereof, certified by one of the f^S^B^^S^ 
H> shall be delivered to the officer or person wboj^JW»«6«- 
Icfae propeity, who sball report the facta to the Com- 
Hr of Crown Lands, .and shall sell or otherwise dis- 
..-•of the property as be may direct. 

7. In caae of sale the gross proceeds ahall be forthwith ^^3^^'^ 
^cnitt^d (o (he Commissioner of Crown Lands, who shall aja. 



92 



TRESPASSES TO CROWN PR0PBRT7. [PART I. 



Prior debt 



from 



Chap. 12. 10. No land located as aforesaid, nor anj interest there- 
in, shall in any event be or become liable to the satisfac- 
tion of any debt or liability contracted or incnrred by the 
locatee, his widow, heirs or devisees, before the issuing of 
the grant for such land. After the issuing of the grant 
for any such land, and while such land or any part thereof 
or any interest therein is owned by the locatee, or his widow, 
heirs, or devisees, such land, part or interest shall, during 
twenty years next after the date of such location, be ex- 
empt from attachment, Hvy under execution, or sale for 
payment of debts, and shall not be or become liable to the 
satisfaction of auy debt or liability contracted or incurred 
before or during that period, save and except any debt 
secured by a valid mortgage or pledge of such land made 
subsequently to the issuing of the grant therefor. 

11. Nothing in this Chapter shall be construed to 
exempt any land from levy or sale for rates or taxes, now 
or hereafler legally imposed. 

12. Every grant to be issued for land located as 
aforesaid shall state in the body thereof the name of the 
original locatee of such land, and the date of such location, 
and that such grant is issued under the authority of this 
Chapter. 



Exempt 
levy, Ac. 



Land liable for 
xates, Ao. 



Form of grant. 



CHAPTER 12. 



Vo person to 
oat wood, open 
mines, dec, with< 
ontlioenfle. 



Penalty. 



Proeeontion, 
how oondncted, 
Ao 



Sheriff f, ohief 
•nrreyora, Jke«f 
empowered to 
ivoMct crows 



OF TRESPASSES TO CROWN PROPERTY. 

1, No person shall cut down or remove any trees or 
wood of any description on any crown lands, or open any 
mine or dig or raise any minerals belonging to the Crown, 
or remove, use, injure, or destroy any trees, wood, lumber, 
or minerals, being crown property, without license from 
the Governor or other legal authority, under the penalty 
of not less than eight dollars nor more than eighty dollars 
for each offence, in addition to the value of any such trees, 
lumber, wood, or minerals which shall have been cut down, 
raised or removed, and in addition to any damages com- 
mitted on the land of the Crown — the amount of which 
value and damages shall be found by the jury. The prose- 
cution may be in the name of the Queen ; and on conviction 
the court shall determine the amount of penalty, and judg- 
ment shall pass for such penalty, and also for the value 
and damages aforesaid, and costs of suit. 

2. The Sheriff and the chief surveyor of each county, 
and such other person as the Governor in Council may see 
£t to appoint, are severally empowered and required vigi- 



TKLBIL] TBE8FA8SES TO CBOWB FROPEBTT. 93 

buill; to protect the lands, timber and minerals belonging Chap. 12. 

totheUrown in tbeir respective coantiea, and to prevent — 

encroachmQDts and treepasBes on the lands and mines of 
tLeCrovn, and the unlawful removal of trees, timber, 
lumber and minerals of the Crown. 

3. It Bballbe their dnt/, respectively, to seize trees and TTidTdnUM, 
wood illegally ont, and the' lumber made tbereoot and'*'"'*'' 
minerals illegally raised on the lands of the Grown in tbeir 
reapeccive counties wherever the same may be found, and 

alM) to follow and seize the same in any other county to 
which they may have been removed ; and also to eeize in 
their respective counties trees, timber, logs and lumber of 
the Crown illegally cat or made, and minerals of the Crown 
illegally raised in any other county and removed into their 
aaia coQDtiea ; and they shall have power to use all suitable 
and necessary means for guarding the same until condem* 
natioD, and to authorize persons to act in assistance of and 
under them. 

4. Immediately after seizure the seizing officer shall r 
report the facts to the Commissioner of Crown Lauds, and ^ 
Bhall obey his iustrnctiona as to further proceedings. 

5. If any one or more of the parties concerned in cut- p 
ting or raising or in removing or having in possession the ^ 
property seized shall be kuown, a Justice of the Peace ^^^ 
either of the county where the property seized was cut or 
nisedor where it was seized shall, on the application of 

mj of the said officers or persons acting by authority of 

iheCommissionei- of Crown lAuds, issue a notice in the 

Lftrm in Schedule A against any one or more of the parties 

^Mtnown ; and service on any one or more of them per- 

" r, or by leaving a copy of the notice at hia or their 

:e of abode, shatl be sufficient to bring on a trial 

... -_- the condemnation of tiie property. If the parties ptoomAm 

it not known a copy of the notice shall be posted on the ^tn^"** 

ttort house door or in some other public place at least tea 

i bys before trial. Should ho claim be made at the time 

m place mentioaed in the notice, the property shall be 

tterenpoQ forfeited ; and, in case of claim, two justices 

iM then and there or at some other adjourned time and 

J^ice hear evidence and adjudicate, and either condemn 

Aaproperty or order it to be released with costs. 

6. The sentence of condemnation may be in the form ssDisDMot 
isachedule B; and a copy thereof, certified by one of the te^*^^^^ 
jnsticea, shall be delivered to the officer or person who ^(^»«- 
ttised the property, who shall report the 6icts to the Com- 
oiuioner of Crown Lands, and shall sell or otherwise dis- 
pose of the property as he may direct. 

7. In case of sale the gross proceeds shall be forthwith ^|;^^^ 
remitted to the Commissiouer of Crown Lands, who shall ma. 



L 



94 TRESPASSES TO CROWN PR0PBRT7. [PART L 

Chap. 12. pay tho same to the Treasurer who, after the charges shall 

' — ^have been approved by the Provincial Secretary, shall 

pay the necessary expenses tor guarding and preserving 
the property, the usual costs to the justices and witnesses 
and other necessary expenses, and shall then pay one-half 
the nett proceeds to the officer or persons aforesaid who 
seized and prosecuted to condemnation the said property. 
When property When f rom any cause the property seized shall not realize 
SSightoww ft" adequate remuneration, the Commissioner of Crown 
expenaes. Lauds may, with the approval of the Governor in Council, 

make such adequate compensation to the seizing officers 
and persons employed by them, and the witnesses, as under 
the circumstances may be proper. 
Appeai-pK>. 8. An appeal maj be had from the judgment of the 

oMdings under, jugticcs to the Supreme Court. If the claimant be the 
appellant, he shall make the affidavit and give the security 
as required in cases of appeal. The appeal shall not stay 
the sale, and, if it be determined in favor of the claimant, he 
shall be entitled to the property if not sold, or to the gross 
proceeds if sold, and his costs to be paid by the Commis- 
sioner of Crown Lands and charged in his account. 
Penally for ob- 9* Any pcrsou who shall assault or obstruct any officer 
»^^^o««w» in the execution of his duty under this Chapter, or any 
p^. Ac. person in his aid, or who shall wilfully remove, cut, injure, 
convert, or set loose anything seized as aforesaid, shall 

{)ay a fine to the Queen not exceeding four hundred dol- 
ars nor less than eight dollars, at the discretion of the 
Court where prosecuted ; and, in default of payment, after 
conviction such person shall be imprisoned in the county 
jail for a period not exceeding one year, nor less than ten 
days, at the like discretion. 
Privileges of 10. Any person impleaded for seizure or prosecution 

SStor*ae£Jrr^* uuder this Chapter, may plead this Chapter and give the 
nnderthis Chap* special matters in evidence. And if the Judge shall certify 
^' probable cause of seizure or prosecution, the claimant shall 

not recover any costs, nor shall the person who made the 
seizure be liable to any indictment or suit on account there- 
of ; 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 certify that 
there was probable cause for the seizure, then the plaintiff, 
besides the thing seized or its value if sold as aforesaid, shall 
not recover more than four cents damages nor any costs of 
suit, nor shall the defendant be fined more than twenty 
cents. But a party whose property shall have been seized 
may, notwithstanding such certificate of probable cause, 
take possession of such property if the same shall not have 
been sold or disposed of, or, if sold or disposed of. may 
recover the actual value thereof from the seizing officer, 



TITLE n.] TSBSPABSm TO OKOWN FBOFEBTT. 9fi 

if the same shall not be paid witbin one month after de- Chap. 13. 

maod on him in vrriting, aettiog forth the particulars and 

ftmoQDt ot such claim, 

1 1. All tretJB, timber, or \og8 fonnd cat upon the crown t»wi, umbiir or 
landa, without authority or HceDse of the GororDment, Jl^^^iJS^S* 
may be seized by the deputy snrveyora of the county, or 27^"*** 
BQch persons as may be appointed for the protection of 
crown lands, and sncb seizure shall be forthwith reported 
to the Commissioner of Grown Lands, who may direct the 
sale thereof, wtthont proceeding to condemnation, — the Pmmdg nat to 
pToceeds of snch sale to be remitted to the Oommisaioner' o™™i«*»«- 
of Crown Lands, to be applied as directed by section 7 of 
this Chspter. 

12. Every action or suit or proaecntion brought for a Aoion wiun lo 
vnUtioB of the provieiona of this Chapter shxU be brought *" ''™*"' 
in the coanty where tbe offence shall hare been com- 
mitted. 

IS. Nothing herein contained shall he construed to con- vottaacnfliet 
tmene or conflict with Chapters " Of Minea and Minerala." -*»'"«>*'•■ 



A. 

Whereas a gnantity o( [describe the atiiclea] have been 
ataei as Crown property, illegally obtained, 
These are to give notice that two Justices of the Peaco 

win aUeod on the day of at — o'clock in the 

— noon at to hear cause why the same sbould 

_ i( be declared lo be the property of tbe Crown. 

wBiveo under my hand and seal at this day of 

"" ■ . D. 18—. 

A. B., J. P. 
B. 
tit remembered that {describe the proper^^ having 
rteized as Crown property illegaily obtained, and 
nvted under tbe provisions of the Chapter, " Of 
Hses to Crown Property," the same are hereby 
jed and declared to be the property of tbe Crown, 
L fnigant to the said Chapter. 

! Given under our hands and seals at — ^^ this 

Aiyof A. D. 18-. 

A. B. (seal.) 
C. D. (seal.) 



96 
Chap. 13. 



PUBLIC BECOBDB. 



[PAST L 



Tested in Her 
Majesty. 



Forties taldng 
or letainlng 
themmavbe 
ptooeeded 
against. 



Mode of pio- 
oednre. 



Order to be in 
disorrtionof 
Ooort or Judge. 

Costs. 

Appeal. 



CHAPTER 13. 

OF THE PUBUC BECOBDS. 

1. The books, papers and records of all public oflSces 
provincial and county, are hereby vested in Her Majesty 
the Queen and her successors. 

2. If any person shall wrongfully take, withhold or 
retain possession of any public document, book, record, 
writing or other paper, he may be proceeded against for 
the recovery of the ^ame in a summary manner. 

3. Upon grounds laid by affidavit before the Supreme 
Court, or any Judge thereof, an order, at the instance of one 
of the law officers of the Crown, may issue at the suit of 
Her Majesty, requiring the parties in whose custody such 
documents, books, records, writings or other papers are, to 
give up the same to the proper custodian, or as therein 
directed. 

4. It shall be in the discretion of the Court or Judge 
granting the order whether an order absolute or an order 
nisi shall be first granted ; and costs shall follow when an 
order is obtained, unless otherv^ise directed. 

5. Any party feeling aggrieved by the order of a single 
Judge may, upon filing with the prothonotary in Hali&x a 
bond to Her Majesty in a sum to be named by a Judge of 
the Supreme Court for security for costs, appeal from the 
decision of the Judge to the Court at bar, where the whole 
matter may be heard and disposed of as such Court may 
decide. 



•tCliS mO OERTUS PDBLIO OFROEBS. 97 

Ohap. 14. 

TITLE III. 

OF PBOVINOIAL OFFICEBS. 
CHAPTER 14. 

or CKtlAOt FDBLIC OFFIOEBS, THEIB BALAOIES AND DDTIES. 

1. Tbere shall be allowed to the sereral officers herein- B*uri« of pnir- 
after mentioned, to be paid quarterly out of the pablic"*"**^ 
fduda iDcome aud reveone, the following yearly salaries : — 

To the Provincial Secretary, two thoasand four handred PrarindnssBra- 
dollui; and to his first olerk or Depnty Seoretary, four- ^^^ j^^^^ 
tees inodred dollars : luy- 

To tbs Attorney General, sixteen hondred dollars: AuamtjOtBt. 

TotheTreasarer, two thousand dollars ; and to hia clerk, g^„„„_ 
one tbaasaud dollars : 

To the GommiasioDor of Pablic Works and MineB, two oummiMbMHroi 
tbonsuid dollars ; to the Chief Clark of Mines, one thou- L'd^JiJ^ 
stDd dollars; to the Chief Clerk of Works, one thonsand^^' ij°»- 

To the Commissioner of Crown Lands, two thousand oommi^ooerot 
doDin; to the first clerk of the Commieaioner of Crown S^^"' 
Lsodi, one thouaand dollars; to the additional clerks, 
twelve hundred dollars: 

To the Private Secretary of the Lieutenant Oorernor. S)l^'?g!V„ 
"ftbetioie being, twelve hundred and fifty dollars. tuy. 

The Treasurer shall ^ve bonds for the faithful per- iiM«ni^ 
tncB of the duties of his office in sixteen thousand '""'^ 
>, with four sureties in four thousand dollars each ; 
s Treasurer's clerk shall give bonds in fonr thousand 
), with two sureties iu two thousand dollars each, for 
Jljtbful discharge of his duties. 

|The Provincial Secretary, the Attorney General, the i»> tw mambn 
pbrer, the Commissioner of Public Works and Kinea, JjJ^''"'''''""- 
Ebe Commissioner of Crown Lauds, shall be members 
of the Provincial Administration for the time being. 

4. The Provincial Secretary shall, in addition to the duUm qi Pn >- 
otlisr dutieit of his office, examine and check, from time to tu^*' ''°^~ 
tUDO, as they shall come in, all accounts of public receipts 
asd expenditures of every kind and desortption ; and no 
Mcoaot of any public expenditure whatsoever, tor road 
irork. public buildings, education, or otherwise, shall be 

gdd oy the Treasurer until the same shall have been oare- 
U; eutQJQQd and certified to be oorroot, or any mistake 



^ PEBTAIN PUBLIO OFnCIBa. [PABT L 

Chap. 14. ^^ error therein pointed out and rectified by the Provincial 
— — ' — — Secretary, or, in case of his absence or indisposition, by 

bis Deputy or first clerk. 
DntiMof 5. The Treasurer shall receive, and on the warrant of 

^'''***''^* the Provincial Secretary pay, all public moneys ; 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 the office of the Treasurer, 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 all moneys received and paid, with 
the names of the parties who received or paid the same, 
which book shall be open at all times to the iDspectioo of 
the members of the Executive Oovernment and Legte- 
lature. 
wunot voodii- 6. The accounts so examined and certified as aforesaid 
^^ under the band of the Provincial Secretary, or, in case of 

bis absence or indisposition under the hand of his Deputy 
or principal clerk, shall 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 issued therefor. 
TreMwvet^ 7. The Treasurer shall furnish quarterly accounts of 

'^'^'^'^"^ all sums received and paid by him, to be examined and 
checked by the Provincial Secretary ; and such quarterly 
accounts shall be collected and formed into one general 
account, to be presented by the Treasurer to the General 
Assembly in every year, within the first twenty days in 
each session, and to be examined and audited by a joint 
committee appointed by the Legislative Oouncil and 
House of Assembly as heretofore. 
Governor may 8. It shall bo Competent for the Governor in Council 
^i^^ll^meiit to direct from time to time which of the public accounts 
of offloe. shsAl be filed in the office of the Provincial Secretary, and 

in what form the books to be opened thereat shall be kept, 
and also from time to time on the report of the Provincial 
Secretary to issue such orders for the more economical 
expending of the public moneys, by the taking of contracts 
after due advertisement, or by such other guards and pro- 
visions as may appear most judicious for tne checking of 
any abuse and the more vigilant and faithful husbanding of 
the public moneys. 
Duties of Com- 9. The Commissioner of Public Works and Mines shall 
I^^^otL perform all the duties required of him in the Chapters 
andMinct. relating to Mines and Minerals, and in addition thereto 
shall be invested with the legal title to and have the 
superintendence and management of the Provincial Build- 
ing and grounds, the Nova Scotia Hospital for the Insane 
and groundsi ana all other buildings and property belongs 



TnUin.] OIKTilM PUBLIC oPFioras. 99 

iDg to the ProvJDCQ and now under the care or manage- Chap. 14. 
TEBDt of Booh CommissioDer of I'oblic Works and MineB, 
OT whicli may be placed Doder his OBre by the Provinoial 
<3oTerDiiieiit. 

10. The Oovernor in GoBscil may make each regala- ooreniDF la 
tioni for the sapertDteodeiae and raaBKgement of the ^"k^^^^^SI^ 
pnblic works mentioned in the next preceding section"™*' 

a« may seem judicioas ; provided that no greater 
expeoM is incorred for such superinteadence and manage- 
meat than has been heretofore sanctioned or granted by 
tbs ^gialatnre. Sach regalations shall be laid before the 
I^jislalive Conncit and Assembly within ten days afler the 
opeaiig of the nest sesston after they shall be made ; and 
toBj bIuII be subject to the revision of the Legislatnre. 

11. The Ooveraor may cause a cash aocoant to beoonmnriiur 
Ofwad at one or more of the banks in the City of Halifax, ^tTith'ti^ 
and my borrow and receive from such banks such sums SSJ*^!.!^ "" 
i>f siOM^ an may be necessary for the use of the Province, 

in imh anrannts as may from time to time be required, 

vniorBaeh conditions and upon such terms, atipulatioBS 

and agreenents for the payment and re-payment of snoh 

■raeys, and for the management oF such acconnts, as by 

tbe Qovemor in Council may be established, prescribed 

lad directed, with tlie consent of the directors of tbe 

feaaki ; or otherwise may borrow and recoive from acy uoy boim 

QAarpersona, corporations, or companies a «xtat not to^A^**^ 

«»Ma<n« hundred and twenty thousand dollars at the Amount umiwa. 

lowest interest at which such loan can be effected. 

13. The money taay be drawn for and received from Umey-haw 
titne to time in aucb aams and under each restrictions and *°' 
regalations as may be jwescribed by the Governor in 
\^ OMocil, with the consent of the lenders thereof. 

For the repayment of all moneys borrowed 'i°<J*'' JS;'^J,S25V_ 
Jhapter, and for the final payment and discharge of nii>ym«i. 
'Soce which shall be remaining due and unpaid on 
i closing of such accounts wtth snob lenders, with 
lat, the public funds, moneys and credits of thie 
'boo are hereby pledged and rendered hable. 
< An account of all sums received, paid, borrowed or Aoanmt at 
Isoder this Chiipter, with the dates of the receipts, uLd°M^^*. 
^1) loans and repayments respectively, shall bo laid '■'■"■ 
"' 9 joint committee of the Legislature appointed to 
Ae public accounts, together with tbe drafts uicl 
iraJAtiog to the same, at each session. 



100 BOUKDARIES OF OOVJSmMk [PAl 



Chap. 15. 



TITLE IV, 

OP COUNTIES, DISTRICTS AND TOWNSH! 

AND THEIR OFFICERS. 



CHAPTER 15. 

OF THE BOUNDARIES OF COUNTIES, DISTRICTS AND TOWNSI 

Boundary lines 1. The boundary lines of counties, district? and tc 
oonftmied. ships, are confirmed as at present established. 
Whon lines on- 2* Whenever it shall be made satis&ctorily to apj 
oerutn.jrovernor |jq the Govemor in Conncil that the lirfes ana bound 

may oraer sar- «. • . • • • 

rey any county, district or township, are uncertain and reqi 

to be run out ; or where the traces of such lines or bon 
have disappeared, and it shall be necessary to establish 
same anew ; it shall be lawful for the (Governor in Cou 
to authorize the Commissioner of Crown Lands to app 
a surveyor to perform such work, and to set up permat 
marks and boundaries upon such lines. 

Notioe to costos 3. Bcforo such surveyor shall proceed to perform t 

*a before BUT. (JQty, notioo shall be given by the Commissioner of Cw 
Lands or the surveyor to the Custos of each county 
district ; and at any general or special sessions therea 

Bdssions^datyof. to bo holdeu, such sessious shall nominate one or m 
persons to represent the interests of such county, dist 
or township, m determining the true course of such coui 
district or township lines, and the. fixing the neces£ 

Cost of BVixxey, marks and bounds thereof, who shall make and return a ] 

how paid. thereof. 

Expense of *• ^hc cost of such survoy shall be paid out of 

noj^neej. procccds of the crown lands. 

itoeiwwd!?' 6- The expenses of the nominees for each county, 
tided. trict and township, shall be a county charge. 

6. The award of the majority shall decide the line, i 

in case of no majority, the same shall be decided by 1 

Commissioner of Crown Lands. 




tmi IV.] CDBTOS Aim CLBKC KX FUOE. 101 

Ce&p. 16. 
CHAPTER 16. 

OF CnSTOS AND CLBBE OF THE PXACE. 

1. Tbe GoTeroor in Conocil shall appoiDt the CastoB ^;|p^>>°* ■!> 
for Mch Conntj aad Diatrict in the Provinoo. pointed. 

2. Clorka of the Peace ahall be appointed by the CuBtoa ovkiof Pewe, 
of the County or District daring pleaanre, and ahall be ^,',KS"^ 
■worn into office by tbe Cn«to8 or a Judge of tbe Snprene 

Conrt 

3. 0p(Hi the Totn of a majority of the SeBeions, tbe Tuuei« jnTi- 
<^ce of the Clerk of the Peace shall become racast ; and Sei""" ""^ 
Vfm the neglect or refnaal of the Castos to make aa 
ifipointment within one month after aueh vacancy ahall 

hare happened, the Governor in Coancil shall appoint : 

bnt Glerka of the Peace shall continae to bold office until Dmuciaaf 

their iDccessors are appointed. "'**' 

i Every Cleric cd the Peace shall cause to be en- Book of mM. 
{[rotted in a book, kept for that purpose only and properly ^^^!^ 
ndaxsd, all roles, regalations and ordera of the Sessions 
ia ioroa, or anch as may be made, with their dates respeo- . 
tiraly, which book, together with all other papers and 
noorda of tbe Seesioas, shall be open for inspection ai all 
nuHnbte ttmoa. 

5. Every Clerk of the Peace shall annaally, on or **Sf«ii,?^ 
before tbe tenth day of January, retarn in triplicate to "' 

tlie Provincial Secretary a list of all convictiona bad, and 
Afall fiaeii and penalties imposed by the Sessions, the 
lot of fines and penalties collected and bow appro- 
ed, with the names of all offenders, nnder a penalty p«b^^ lot ne- 

twenty dollars. """"^ 

I. No Clark of the Peace aball receive any fee for the soraMem^in 
4>ties ol office except iu casea of licenses only. '**''' '*°""- 

7. The Clerks oi the Peace in tbe several oouoties oi" hi>7 vpoi^ 
Aktricts, with the consent of tbe Cnstoa, may appoint *" 
duties to act for them in case of sickness or temporary 
IHesce, for whose conduct the principal aball be respoD- 
s^t; and all deputies eo appointed shall have the same 
(owora vested io them fur tbe time being aa by law are 
Vi>t«d in the principal, and their acts shall be equally 
nlid. 



i 



sl by tiie Gustos of any County or Diatrict that he is e 

to mnke out a R^ll of tbe Justices of the Peace ^ 

OoDDty or District on account of tbe loss of the ^ 

from other snfficient cause, the Governor in Conncil 

notice in the Royal Oaxelte, call apon the Jnaticea 

in such County or Diatrict to prodace their 



103 CU8T0S ARD> CLEMV OT PSiLCB; [PABT E 

Chap* 16. GommissioiiB and qaalifications to the Clerk of the Peac& 
for such County or District, at a date to be fixed by the Gov- 
ernor in Council. A notice shall also be posted in each 
polling district in such County or District by the Clerk of 
the Peace ; and the Clerk of the Peace shall enter the^ 
names of such Justices, with the d^tes of their Commis- 
sions and qualifications ; and the names on sooh Roll ahatt 
constitute the list of Justices of the Peace for such County 
or District, 
oovenmoit to 9. It shaJl be the duty of the Gtovemor in Obaoctl to 
SSt^fio^". famish parchment rolls to the Clerk of the Peace for anoh 
County or District where such rolls have become lost or 
for other sufficient cause ; and the Clerk of the Pbaoe for 
such County or District shall caose the names of the 
Justices of the Peace for such County or EKstrict to b» 
entered on such parchment rolls as in the eighth sectioa 
provided. 
Clerk of the 10. The Clerk of the Peace shall be entitled U> receive 

F(Me» to reoeiTe ^ f^^ ^f twouty-five cents from each Justice of the Peaee 

for such services. 

jastice caued ^^' ^bou a Justico of the Poace called upon to produce 

^ratDprodnoe his Commissiou or qualification under the prorisioos of the 

beiiMrio8t!°BhAii eighth section shall not be able to produce his Gommissioo 

^ke and file y^y r^asou of the samo being lost or mislaid, his name shall 

be entered on the roll on h» making and filing with the 

Clerk of the Peace an affidavit in the form and to-the effect 

of that in Schedule A ; and such affidavit shall be swora 

before any Justice of the Peace. 



SCHEDULE A. 

I, A. B., of yin the County of — , Esquire, do 

swear that I was duly appointed a Justice of the I'eace for 

the said County of , in or about the year one tboo- 

sand'eight hundred and ; and that I was duly eWom 

in as such Justice of the Peace : that I have acted, since I 
was so sworn in, in the capacity of a Justice ^f the Peace 
in such County ; and I further swear that I have never 
been dismissed or discharged from the Commission ; and I 
lastly swear that the Commission in which I was named 
and appointed has been lost or mislaid ; and that I am a 
Justice of the Peace in and for the said County^ 



TRUtT.] 



CHAPTER 17. 

OF SHESIFTO. 

1. The Cbtef Jnatice and a Judge of the Snprems gi 

CoDrt selected bv hint, or in the absence of the Chief ■pi»'"|«>> 
Jostice any two Judgee aeleoted b? the Bentor Judge pre- 
sent, together, in either case, with two members of the 
£ieCDtive Council, shall meet in Halifax during Hichael- 
awi Tenn in each year, and eelect tiiree persons tor each 
coantj, each of whom shall be believed to be qaalified to 
EH the ofSoe of Sheriff, and not nolikelj to act if ap- 
poioted. In case of disagreement a majority shall decide 
tin iK»nii)atioa ; and, if a majority cannot be obtained, the 
Chief Justice and Judges, or a majority of those present, 
sbill make the nomination. Out of the three persons so 
Domuted the Governor in Council shall prick one to serve 
for the ensuing year ; who shall reside in his county; and 
who, upon giving secnrity by bond as hereinafter men* 
^ed, shall receive his commission and be invested with 
the powers of office. 

3. Within fifteen days after notice of appointment, the Bom 
Steriff elect shall transmit to the Provincial Secretary's'''*' 
dSn t bond for the discharge of the dntiea of his office, to be 
vaAs to Qbt Majasty, himself in four thonsand dollars, 
with two enfBcient sureties, each in two thousand dollars, 
aatbenticated by the oath of a subscribing witness, which 
ahatl forthwith be laid before the Governor in Coancil, who 
I, within twenty days, approve or diRailow the same, 
ise of disallowance of the bond, the Sheriff elect shall ^ 

I^Mtified thereof; and if, within a reasonable time in the " 

ntion of the Governor in Council, he shall not trans- ^^^^^ 

D the Provincial Secretary's office a bond which shall 

iproved by the Governor in Council, or in case the 

T first elect shall decline to a'lt, or shall net transmit 

) aforesaid, the Governor in Coancil shall prick 

■ name from the list; and the person so selected 

» the Sheriff elect, and shall be noti6ed and give 

jf to the satisfaction of the Governor in Council ta 

BBe manner as in the case of the first selection; and 

r ef failure on bis part, the person whose name 

00 the \ht BLall be the Sheriff elect, and shall in 

„lier be nutitiad and give security to the satisfac- 

Btbe Gkiveroor in Coanoil. If no one of the three 

■ 10 the list shfUl accept office and ^ve secnrity, the 

jor io Council shall appoint a Sheriff who shall give 

gtary security in manner aforesaid. 



104 



SHEBIFFS. 



[PABT I. 



Chap. 17. 



When bonds 
approved of 
Bneriff to be 
oomminioned 
and old Sheriff 
dSsofaaiged. 



Bnretiea— their 
liability— may 
bereUeved— 
prooeedinin if 
Sheriff bk&to 
fubetitate 
oCben. 



Sheriff may be 
leappointM. 



ProTiao. 



3. So soon as the bond of a Sheriff elect shall have been 
approved, it shall be deposited in the Provincial Secre- 
tary's office, and be then registered ; and in case the ori^- 
nal shall be lost or mislaid, a certified copy shall be receiv- 
able in evidence. Immediately after the approval of his 
bond, the Sheriff shall be commissioned ; and then, bnt not 
before, the preceding Sheriff shall be discharged from his 
office and its responsibilities, and his sureties from their 
liability. 

4. The Sheriff's sureties shall be liable under their bond 
until he shall be legally discharged from office, although 
the period may be longer than one year ; but they may at 
any time pray the Governor in Council to relieve them ; 
and if, upon being required, the Sheriff shall fail to sub- 
stitute other and approved security within one month, the 
Oovernor in Council shall remove him from office, and ap- 
point a Sheriff in hid stead for the remainder of the term 
of office, on his depositing satisfactory security as afore- 
said. 

5. The name of the Sheriff in office may be retained 
on the list for selection by the Oovernor in Council ; and 
he may be appointed anew to the office upon his giving 
bond in the same manner as in other cases ; unless a repre- 
sentation by a majority of the justices in session against 
him be filed in the Prothonotary's office at Halifax, before 
Michaelmas Term, or be transmitted to the Oovernor, in 
which case his name shall not be placed on the list, nor 
shall he be appointed or continued in office after Michael- 
mas Term. 

6. In case of the death of the Sheriff, his permanent 
absence from his county, or his incapacity to perform the 
duties of his office, the Oovernor in Council shall commis- 
sion a Sheriff for the remainder of the term, to be selected 
from the list so nominated as hereinbefore provided, on his 
filing approved security as aforesaid, which shall super- 
sede and determine the previous appointment. 

^^<i**A?°" "^^ ^^y^ person selected and nominated to the office of 
^oatntiafiu>- Sheriff, who shall refuse to accept the office, or shall fail 
loryreaaons. ^^ ^j^^ Satisfactory security, shall forfeit two hundred dol- 
lars ; unless reasons for so refusing or failing shall be given 
to the satisfaction of the Oovernor in Council. 
Form of oath to g. Boforo entering upon his duty, every Sheriff shall 

be taken before • •« .• />ii • ii 

entering upon subscnbo the foIlowing oath : 

duty. 

'' I, A B, do solemnly swear' that I will truly serve the 
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 trnly, 
to the best of my skill and judgment, execute the laws 



In ease of death 
abtenoe, Ae. 



nurr.] BHBBipn. lOS 

and Bt&tatea of tb« Province, and will Id all things act Chap IT. 

Bpithtly in my office ior the honor of the Queen and the 

gowof her BubjectB." 

9. If any Sheriff delay more than two montha afler his ^™j^ *" "** 
Twr of office expires to render an aoconq t on oath to the ^t <?ia^t- 
Provincial Secretary of all forfeitures and debts of the"*'** 
Crown, levied by him, with the names of parties paying, he 

ebsn forfeit eighty dollars to the ase of the Crown. 

10. Any person ininred by any act or omission of a JJjj'* """i i" 
Sheriff, may sue on hia bond in the name of the Queen, 

and be entitled to the proceeds with costs. The defen- 
daot aball be entitled to costs if judgment be given in his ohh. 
&TQr; bntno action shall be brought upon the bond antil^'o'iw. 
indgmeDt shall first have been recovered against the 
aeriff. 

U. In an action brought against a Sheriff, jailer or ib muod ror m- 
other officer for an escape nnder an execntion in a civilb^Juoibidiar 
mil, the jury shall not be bound to find for the whole j^touniHmtoi 
amonnt for which the prisoner was committed ; bat they 
■hill find a verdict tor the plaintiff for such snm only as 
tbey shall think right and proper nnder all the oircum- 
ituces of the ease, nnless it shall appear on the trial that 
tin escape was connived at, or the officer euilty of gross 
nej^igence; and in no case shall they fina for more than 
the unonnt for which the prisoner was committed, 

11 Sheriffs shall return all writs to them directed with ^''^'"^ "" 
ttftuncmtit o\ theii fees thereon endorsed, and the several °™ 

t thereof spocifically set forth; otherwise the same 
riaO not be taxed or recoverable. Sheriffs shall indorse 
o every writ rtiturned by them an account of their 
gs thereon, and when and how executed, and the 
ut collected on all writs of execution. 

All actions ugainat Sheriffs mast be brought within J^SJjf" "^ 
• years from the accruing thereof. 

k Nu Sheriff or deputy sheriff shall hold a commis-itotiobea ju- 
las jnetico of the peace; and all such commissions ''"°''"*°*' 
i by Sheriffs or deputy sheriffs are hereby declared 
Sand void. 

15. Any Sheriff or deputy sheriff acting as a justice Pmri^how 
It On peace in violatioa of this Chapter, shall tor each 
o&nce forfeit the sum of eighty dollars, to he recovered 
bf any one who will ene for the same, as a private debt. 

18. The Governor in Council, with the concurrence of Howmiorad 
tha Chief Justice and ti Judge of the Supreme Court, may'™""'^- 
reiDOTe any Sheriff from office for neglect of duty or 
' ■itoondnct in bis office, and appoint and commission 
notber Sheriff in his place for the remainder of the term, 
*bo eliall give eecurity for the perfonnanoe of bis duty as 
_ Jvtbu Cliaptor re<iaired for Sheriffs. 



106 CpBONERS. [PABT I. 

Chap. 19. 

— '- CHAPTER 18. 

OF PBOTHONOTABIES AND CLERK8 OF THB CBOWM. 

^ppo^^MDii, . ^* ^^ Oovernor in Council shall appoint and oommia* 
sion one person to be Prothonotary of the Supreme Court 
and Clerk of the Crown in every county, as vacancies shall 
occur. 
Fzotbonoteriei 2. The Prothouotaries shall on or before the first day 
cSfMioDMi?. of February in every year make returns under oath into 
the Provincial Treasurer's office of the fees received by 
them, 
pjot^notarief. 3. The Prothouotarics and Clerks of the Crown to bo 
boncb. appointed as aforesaid, shall give bonds in such sums and 

with such securities as may be directed by the Governor 
in Council, conditioned for the performance of the duties 
of their office, 
oonntiy Pro* 4. The ProthonotaHes throughout the Province shall 
MOierkfl of t£ issuo subpoBuas iu crown cases, and perform all such other 
^^'^""^ duties as may appertain to the office of Clerks of the 

Crown. 



CHAPTER 19. 

OF COBOKEBS. 

ooronen. how 1. Corouors may be appointed by the Oovernor in 
^pobited and Qqi^qq}]^ ^^^ g\^^\\ \yQ g^om into offico boforc a Judge oi 

the Supreme Court or the Custos of the County, 
inqnidtioiu, 2. Coronors shall return their inquisitions to the Clerk 

'^^^^ ^^^ of the Crown for the county, at or before the then next 

sittings of the Supreme Court. The Clerk shall file the 
dark of orown samo without fee and give the Coroner a certificate con* 
fee^dgWeMr. taiuiug the date of the inquisition and the date of the 
*"'<»^ filing of the same. 

Juries, how- 3. Corouers shall, either personally or by a constable 

fammoiied. furnished by them with a precept^ summon a jury of the 

inhabitants of the county to attend inquisitions when 
iiu]«iaiti<msiiia7 requisite at a time and place appointed ; and if necessary 
be^aoBSun. jjj^y jj^ij inq^Qat on a Sunday. 

iteforinquiBi. 4. Upou the Certificate of such Clerk of the Crown 

£Sd'^^^!^ being filed with the Provincial Secretary, he may draw a 

•ted. warrant on the Provincial Treasurer in tavor of the 

Coroner for ten dollars in full for each inqaisitioUi tw« 

dollars and forty cents thereof to be paid to the Jury, and 

£ftjr cents to the constable, for their fees. 



ntij ir.] ooBOinBs. lOT 

5. Medical men exAmiaed before a Coroner'B Jur7 sball Chap. Idh 
be entitled to five dollars each, to be paid by the ooooty, jwror mni^ 
together with trarelliDg fees, at the rate ot five cents per™"-^ 
Mile; but no saoh obarae ehsll be made nnleBe the witness 
gball be called by the direction of a majority of the Jcry, 
aad ntch charge shall iDclode a ptut motion examination if 
made. Before any clann on a coanty for soch charges 
aball be allowed, a eertifioate from the Coroner that snob 
euDJoAtion was reqnired by a majority of the Jaiy shall 
be prodooed. 

i. If there be any fnrtber necessary or extraonHnary J^VteK' 
cWges oD an inquest or burial besides those mentioned in ■~™r«- 
the preceding sections (^ this Chapter they shall be de- 
frayed by the county or district. The County or District "JtiiMi untsd- 
Treuarer shall pay the same immediately npoD the pro- 
dnctioii of the eertifioate of the Clerk of the Oronm, snob 
AtzftB having been first dnly attested to by the Coroner 
before a justice ot the peace aa being reasonable and hav- 
isgbeea neceasarily incurred. 

7. If any grand jury neglect or refuse to make a pre- ^^V'^'^i'^ 
MDtnent for the amount of expense so inonrred ; the ^!'i^SJ!t' 
juticas in session shall amerce the county for any sum ™*^ *™'*^ 
whii^ may appear to them ueoessary to be raised for that 

8. Any person aggrieved by the assesament may appeal apiml 
■SIB esse oit ordinary county rates. 

t. Id the ob^noe tA the Coroner an inqoisition foay^^^'^y* 
be held before a jastioe, who shall be entitled in suob case dv. ™°' 
, ti> the ume tees as s Coroner. 
^li. Coroners shall retarn lists in frifdioate of the to- Bstmni to Pm- 
"~*9 held by them, together with the findings of tbel^!';^'"* 
^ to the office of the Provincial Secretary, oa or 
B the tenth day of January in erery year, under a 
"f oi twenty dollars. 



108 general aisd special sessions. [part l 

Chap. 20. 

CHAPTER 20. 

OP GENERAL* AND SPECIAL SESSIONS. 

^"JJ^' 1. The General Sessions of the Peace for the Couatv 

of Halifax shall be held on the second Tuesday of March 

onndjuxyto and December, respectively; and the Grand Jury are 

required to give their attendance thereat. 
Sto hS£*** ^- y^^ General Sessions of the Peace in the other 
counties shall be held as follows : 

For Colchester, on the second Tuesday of January. 

Cumberland, on the first Tuesday of January. 

Pictou, on the first Tuesday of February, and first Tues- 
day of July. 

Hants : West Hants, at Windsor on the first Tuesday of 
October ; East Hants, at the Gore on the second Tuesday 
of October. 

Kings, on the last Tuesday of April, and last Tuesday of 
October. 

Annapolis, on the third Tuesday of April, and last Tues- 
day of October. 

Digby: at Digby, on the first Tuesday of November; 
Clare, at the sessions house at Clare, on the last Tuesday 
of April. 

Lunenburg, on the second Tuesday of January ; and at 
Chester, on the third Tuesday of January. 

Queens, on the second Tuesday of January. 

Shelburne : at Shelburne, on the second Tuesday of 
January, and first Monday of June ; at Barrington, on the 
Monday next after the fourth Tuesday of April. 

Yarmouth : at Yarmouth, on the first Tuesday of March, 
and the first Tuesday of September ; and at Argyle, on the 
third Tuesday of April, and third Tuesday of October. 

Antigonish, on the second Tuesday of January, and first 
Tuesday of July, such July sessions not to last more than 
eight days. 

Guysborough : at Guysborough, on the third Tuesday of 
January, and first Tuesday of May; at Sherbrooke, St. 
Mary's, on the first Tuesday of December. 

Cape Breton, on the first Tuesday of February, and 
second Tuesday of July. 

Victoria, on the third Tuesday of January, and third 
Tuesday of September, 

Inverness, on the first Tuesday of October. 

Richmond, on the second Tuesday of January. 
Qnmd Jnxy 3. lu countics or districts where two terms are held 

When* to attend, jj^^ Grand Jury shall attend only at the fall or winter term* 
In all counties or districts where there is a single session 
for the year the Grand Jury shall attend. 



nu IT.] OEtlSBAL AND BPBOUI. SBBSIOSS. ICS 

4. The General SeBsions may be kept opeo in the Ghaf. 20. 
County of Halifax for fonrteen days, but id other conQties Dnnttoo <d^ 
or ^Btncts for not more than ten days ; and they may be ^fj>l^^- 
adjonmed from time to time dnri^'g term as ocoaBioD may 
T«qiiire. 

6. Bills of indictment may be preferred, found and Sf'^^a 
tried, BDd judfifment thereon giveo, in the General Besaiona wTusdiii 
cf the Peace for the Coonty of Halifax, as heretofore ; and "•""" "-ta* 
penoDs convicted thereat may be sentenced to confine- 
nent in the county jail in the same manner as if tried and 
Beotenced in the Supreme Court. 

6. When a question of law shall arise, and the Seeaions ^;S|I^b,f* 
deiire the opinion of the Supreme Uonrt thereon, the Clerk Ed^hm oout. 
d tbe Peace may be ordered to prepare a case, to be 
ngned bjr the Cnetos or tbe presiding Justice, which may 
beGled and entered by either party interested therein, or 
1)7 tbe Clerk of tbe Peace, with the Protbonotary, for 
w^nent at the next Sitting of the Supreme Ooort m the 
eonntj'. 

T. Tbe preaidiDg Judge may order tbe case to be sent AmadoMoui 
Uck t« be amended if be shall Pee fit : be may bear and Adjudiadan 
drtermine tbe same ; or he may, if he think the matter p™**^ •"• 
more fit for tbe determination of the whole Coart, grant a 
nle nin, retnmable at Halifax, to be argaed and disposed 
ofu other rules are. Thejudgment of the Supreme Court, 
viwUier in tbe country or at Halifax, shall be embodied in 
anleand returned to tbe Court of Sesaions by the Pro- 
tbonotarj, and shall be final. 

8. Tbe Custoa of his owu aathority may, and upon the Bped>i laBiou : 
■*ten requiaition ot three Jnetioes, specilying the parti- £SJwn^' 
r objects thereof aball, call Special Sessions for the ""^ 
(action ol any busiaesa which may be legally tranaacted 
lat, and he shall in all cases direct the Olerk of the 
to conreDe tbe same, giving him at the aame time 
Kessary information as to the objects thereof; and 
lerk of the Peace shall forthwith post np advertisa- 
in at least five of tbe most pablic places in tbe 
Mp or settlemeut interested in tbe business to be 
tmnsscted at such SuBsiona ; and if there shall be any 
bnsinesa afTecliug thcj interests of the county or diatriot 
Boemllv, then aJvertijemeata shall be posted iu at least 
wee ot the most public places of each towusliip of sacb 
MDDly or diatnct ; and all ancb advertisements shall be 
posted np at least five days before tbe meeting of the Sea- 
(ton*, tkud shall mention the particular business to be tran. 
MGt«d thereat ; and a copy of the notice shall be filed by 
Ibe Clerk of tbe Peace ; and no business shall be transacted 
*t SQch Sessions other ^an that contained in the advertiae- 
■BiU. Xa esse ol a vacancy in tbe office of Cnatos, or of 



110 



C0tJNT7 ASBSSSMEinB. 



[PABT L 



Chap. 21. the absence from the county or inness of the Cuatos, any 

threo Jnsticee may direct the Clerk of the Peace to call 

such Special SessionB. 

vamber of Jos- 9. Every Special Sessions, unless otherwise prescribed, 

i^«r57^ shall be composed of five or more Justices; an(f the Clerk 

mads and Hied, ^f |;Jjq Peace, or, in his absence, a fit person to be named 

by the Justices present, shall attend and make a record of 

such Sessions and of all proceedings had thereat, to be 

filed in the office of the Clerk of the Peace. 



Coanty TrcMn 
rer. how ap» 
pomted. 



Salaiy. 



CHAPTER 21. 

OF COUNTY ASSESSMENTS. 

1. The Grand Jury shall annually at the Oeneral 
Sessions present the names of three persons being 
resident in the county, neither of whom shall be the 
CustoB of the county, one of whom shall be appointed by the 
Court Treasurer for the county, who shall give bond to 
Her Majesty, with sureties to be approved of by the CuatoSi 
in a sum to be named by the Sessions, for the performance 
of the duties of bis office, and shall be sworn into office ^ 
and such Treasurer shall continue to hold office until a 
successor is appointed. The salary of the County Trea> 
surer may be fixed by the Grand Jury and Sessions. In 
case no provision is made therefor, he shall be allowed one 
and a-half per cent, on all moneys received by him for rail- 
way damages, and five per cent, on other moneys. 

2. The County Treasurer in any county or district ma^, 
with the consent of the Custos, appoint, by writing under 
his hand filed in the office of the Clerk of the Peace, a 
deputy to act for him in case of sickness or temporary 
absence, for whose conduct the principal and his sureties 
shall be responsible ; and the dfeputy so appointed shall 
have the same powers vested in him for the time beine as 
by law are vested in the principal, and his acts shall be 
equally valid. 

In caae of death 3. lu casc of the death of a County Treasurer a special 
•a^^>ii«d!°^ Sessions shall be convened according to law, wherein a 
Treasurer shall be appointed for the time bein^, or until % 
County Treasurer shall be appointed as provided by the 
first section ; and the temporary Treasurer so appointed si 
such special Sessions shall give bonds in the manner 
required by such first section* 



Treasnren may 
appoint depu- 



ffltti IT.] COmiTT 

4, Tbe GrandJaryon their oxni knowledge, the recom- Chap. 21. 
mendatioD of the Ccrart, or the representation of three or p 



more freeholders of the coanty, ma.ll present any snms of saogni pu- 
nooey uecesaary in their judgment for any ptiblic purpose 
within the coanty, tbe same to be confirmed by the Ses- 
Bi'oBs; &nd they may inclnde for their own remaneration, b> 
jrhih actnally attending the Gonrt of Sessiona and the 
Sapreme Goart, snch snm as they may judge necesaary, 
M as the same shall not exceed one dollar per day for each 
jqror actnally attending the Court of Seasions, and fifty 
otati for each juror actually attending the Supreme Court, 
and tan cents per mile travelling ezpsnaes — the distance 
to be compnted from the reaidence of the juror to the 
place where the Court ia held. 

5. Upon the petition of twenty rate-payers of any p 
township or place certified to he snch by a justice of the ^ 
peace, the Grand Jury may present any auma neoeflsary 
fcrtho erection or repairs of lock-nphonses and the pay- 
ment of keepers thereof; for the purchase, the eractioD, 
hiring, or repairing of market or town houses ; for the pro- 
Tiding of hay scales, weights and appurtenances ; for seta 
of weights and scales, and for measures, long, liquid and 
itj, for any township or place ; and such sums, when con- 
finied by tbe Sessions, shall be added to the apportioned 
■nnment upon such township or place, and assessed and 
Inisd excluBively thereon. The Sessions may make regn- 
li&w for the use and management of such buildings and 
pablic property, and may appoint keepers thereof. The 
SeesioDB may make nn order for distribating over any po«ertadb- 
period not exceeding foor years, any amount presented for "''*'* 
flwessnient under this section or any sam presented for 
bBJIdiog or repairing a coiirt-house or jail for the county 
~^di8tnct, and may appoint Commissioners for expending 
Mme, and may authorize such Commisaionera to borrow 
^amount on the most favorable terms ; and any mosey 
_ 9wed nndor this Chapter shall be a county or district 
niTge and bear interest till paid. 

C. If any Grand Jury neglect or refuse to make a pre- Anwnnnunia 
flHtment when necossary for any of the following par-Ma^bm^ 
{Mts, that ia to say ; — for the building or repairing a jail or Sl^'"'""' 
Ibe apparteoances thereof, a caurt-bonae or seasions nonae, 
tod nr fuel for the use of the same ; for the erecting and 
(•psiring pounds, and providing bolta, bara and shackles, 
ud al.'to for conveying persona accuaed of crimes to jailj 
vbca the distance shall be three miles or upwards, at a 
Me not over ten cents per mile; for the decent support 
of poor critniitals or poor debtors in jail ; for the salary to 
ibc Treasurer of the county ; for a salary to the Clerk of 
giiM PauM of not less than eighty dollars ; for the main- 



112 



COUNTT ASSESSKENTS. 



[PABT L 



Chap. 2L 



AaseMon and 
oollectora* how 
•piminted. 



Appointment 
in cases of 
ameroementt 



Aasessontobe 
notified. 



Betnrn of time 
and compensa- 
tion. 



Taoanov, how 
aupplieo. 



tenance of a jailer ; for the paying of criers for the several 
courts ; for defiayiDg the expenses of poor witnesses on 
the trials of persons accused of criminal offences ; for de- 
fraying the cnarges of public executions, and of conveying 
criminals under sentence to their place of confinement ; for 
defraying the expenses of persons sentenced to confine- 
ment and labor within the county, and procuring materials 
for such labor ; for paying extraordinary expenses ordered 
by the Sessions to constableSi and incurred in execution of 
their duty in cases of riot or felony ; for paying alloii^ancM 
to special constables ordered by the Sessions, about execut- 
ing or assisting or trying to execute warrants for felony or 
misdemeanor ; for expenses incurred or necessary to be 
raised about repairing bridges or laying out roads within 
the county ; for expenses incurred about removing county 
rates by certiorari or otherwise, or in prosecuting or de- 
fending any action or proceeding at law respecting such 
county affairs ; — the justices in session shall amerce the 
county for any sum which may appear to them necessary 
to be raised for that purpose. 

7. When any presentment shall be made, the Grand 
Jury shall furnish to the Court the names of such number 
of persons of the county as the Court shall direct to be 
assessors and collectors respectively for the several town- 
ships and places in such county ; and the Court shall ap- 
point not less than half the persons named ; and colloctors 
shall be required to ^ive security to the amount of the 
rate bills placed in their hands for collection. 

8. In case of amercement, whore no assessors or collec- 
tors shall have been appointed, the Sessions shall appoint 
the necessary number, being persons resident within the 
county. 

9. The Clerk of the Peace for the county shall in all 
cases notify the assessors and collectors of their appoint- 
ment, and they shall be sworn into office. The oath to be 
taken by assessors shall be in the form of Schedule G. 

10. Assessors shall return with the assessment roll a 
statement of the time spent by them in such duties ; and 
such compensation for their services, not to exceed one 
dollar and fifly cents 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. 

11. In case any assessor when appointed as authorized 
by law neglects or refuses to act, his place may be sup- 
plied by another, to be appointed by the Custos on the 
requisition of two magistrates, as soon as practicable after 
such neglect or refusal shall become known to the Oustos 
or Clerk of the Peace. 



muiT.] 

12. If in conBeqneoce of the neglect or refusal to act Cbif. 21. 
of any ugessor the oasea^meDt shall not be proceeded with winn ncaav" 
withiD the period prescribed io this Chapter, the same "^n^^-uMB- 
shall be proceeded with within one month after the ap- oBsdsdwitn.''" 
poiDlment made ander the preceding section shall be noti- 
fied to the partj appointed. 

13. Any oesessor neglecting or rofasing to be sworn Taaitrtorttfa- 
into office, or to perform any of the duties belonging to his """ •* 
office, shaJl forfeit eigbty dollars, to be recovered in the 

tuoe manaer ae a private debt before any two Jostioes of 
the peace, and sned for by the Clerk of the Peace ; and 
tbaamonDt when recovered shall be added to the funds of 
the county. 

14. For all purposes for which local and direct taxes Wh«tw«i *Bd 
an and shall be levied by authority of law, unless other* S^ueUMu^ 
wile specially provided for by law, all Und and all such **"■ 

KnoDBJ property as is hereinafter defined, whether owned 
. individnaiB, co-partaera or corporations, shall be liable 
to taiatioD, subject to the exceptions hereinafter specified ; 
and the occupant of any crown land shall be liable to 
taxstioD for the land so occupied, but such land shall not 
be chargeable for the same. 

15. The ■worda " persoiial estate" and " personal pro- i>riiiiiuo«oi 
perty,' when they occur in this Chapter, shall be under- """^ 
Rtood to include all such goods, chattels and other property 

ai are enumerated in Schedule A, hereto annexed, and no 
other; and the terra "property" shall include both real 
aodpereooal property. 

16. The following property shall be exempted from 
tion, viz, : first, lunds belonging to Her Majesty or 
in trust for Hor Majesty for the public uses of the 

rloce ; secondly, every place of worship, every chnrch 
bnriul ground, the real estate of every college, 
y, or otiier inatittition of learning, every public 
lonse, town hall, court house, locKup honse, tem- 
:e hall, all public landings, public breakwaters and 
'pttKc wharves, all school lands and the property of every 
ttmubip or town, city or county, if occupied for the pur- 
fomt thereof, or if unoccupied; thirdly) the provinoial 
nBitentiary and the lund attached thereto, the Hospital 
far the Insane and the land attached thereto, the Provinoial 
nilway, rolling stock, and railway stations and lands 
atta^J thereto or to the railway ; fourthly, lands belong- 
se to any widow, or minor, or school teacher, when of leas 
Tunc than funr hundred dollars; fifthly, funds invested in 
TrortDcial debentures. 
IT. Oue-fourtb and no more of all local and direot taxes rat 



\\ dull be levied and assessed by an equal rate as a poll tax 
L|**l^iBBte penons living ^vitllia the district of the age of 



TaU tu, pnpa*- 



lU 



COUNTY AflflEflflMWNTEU 



[PAST I. 



Chap. 21. 



Proviso. 



A«e«mait roQ 
— roleefor. 

Districte. 



To iadnde all 
meiMbte pro- 
perty of rwi- 
dentt. 



When in differ- 
ent distriote. 



Non-residents. 



Tenants. 



Persras nnable 
to pay to be 
omitted.. 



Time in which 
assessment roll 
to be made. 



twentj-one years and not being paupers; and the other 
tbree4burtb8 shall be levied and assessed upon the whole 
taxable real and personal property of the locality, to be 
taxed in proportion to the assessed valne thereof and not 
upon any one or more kinds or species of property in 
particular; provided such poll tax shall qot exoeed the 
sum of thirty cents on any individual ; but the Sessions ic 
any county may order the whole amount to be levied and 
assessed solely upon real and personal esfiate. 

18. In making up the assessment roll the assessors 
shall be governed by the following rules : 

I. The assessors in making up the assessment roll sbal 
follow the divisions of electoral districts, and shall arrange 
separately in alphabetical order the names of the rateabh 
inhabitants of each electoral district 

II. Where the owner or occupier is resident within thi 
county the assessors for the district within which he resides 
shall include in the roll the whole of his assessable pro 
perty. 

III. If such property be situate in different districts oi 
the county, it shall be so discriminated in the assessment 
roll as to shew for what amount he is assessable in eacl 
district. 

lY. Where the owner or occupier is not resident with 
in the couuty or is unknown and the lands are unoccupied 
the lands shall be assessed as lands of non-residents ii 
each separate district in which they lie. 

V. Where the owner of lands which are occupied b) 
another partv as tenant for any period less than one yeai 
resides within the county, the lands shall be estimated ai 
property of the owner saving his recourse against th< 
occupier ; and where the owner of the lands is not resi 
dent within the county they shall be estimated as th< 
property of the occupier. 

vl. In making up the assessment roll the assesson 
shall not be required to enter upon it the name of aoj 
person whom the assessors shall deem to be unable to paj^ 
the rate. 

19. Between the first day of November and the first 
day of December in each year, the assessors appointed bj 
the Grand Jury and Court of Sessions for each township o 
district shall proceed to ascertain by diligent inquiry tb< 
names of all the taxable inhabitants, and also all taxable 

¥roperty within the same, its extent, amount and nature 
'hey shall then prepare an assessment roll, in which sbal 
be set down in different columns and according to the bea 
information in their power, the names of all taxable pai 
ties in the township or district, with the extent or amoao 
of property assessable againl^t each under the provisioQ) 



ms IT.3 ■comnr 

of this Chapter, aod containing the particHlars rasntioned Crap. 21. 

in SHiedale B, for each of the iteme of which the assess* 

vsent n^ ihall contun a Beparnte oolatsn. 

SO. The lands of non-residents shall be designated inij*aii*of bob- 
fbe auesmnent roll, bat in a separate part of it nnder the"^''"*'. 
faeadof "asaflBsment roll of non-reaidenta' lands,'' which shall 
coDtam the several particulars specified in that part of 
Schedule B which refers to such lands. 

21. AH real and personal property liable to taxation rnpaty. how- 
shall be estimated by the aBsessora at its actnal cash value. ™'°^- 

22. Hie assessors sbalt complete the roll on or before oompi 
the tenth ilay of January in each year, and they or a">^ 
VB^ority sf them shall forthwith thereafter sign the same, 
first attaching thereto a certificate in the toliowing form : 

*' We do severally eertify that we have sut oat in the 
ik«v« aeeee«tnent roll all the real and personal property 
vilhin the connty owned or occupied by persons residing 
withia onr district, and all the real and personal property 
vitbin our district owned or occupied by persons not 
residing within the county liable to taxation within our 
district, and the actnal valce thereof in each case, accord- 
ing to our best information and judgment. (In countie* 
nAere poU tax ts levied, add tks /olMoing :) We further 
nrtify that we have in snob roll set down the names of 
■II Uie inbabitaots within such district snt>ject to poll 
tsx," 

23. The roll thus certified atiall be forthwith forwarded loii wbaa toc^ 
to tbfl Clerk of the Peace for the county ; and a true copy "™'L^ 
thereof, similarly certified, to be made by the assoBsorB, i*™^ 
sbalt be forthwith posted up by them in Bome public and 
tDnipicaoas place within the township or district for which 
< tlwy are aesassorB, for the information of all parties eon- 

From such roll the county rates and poor rates oooBty tMa. 
U be made as follows : 

Any party residing within the coonty shall be taxed BoJdeoti. 
's county rate in one sum, which shall be collected by 
lUoctor of the district where he resides. 

Such party shall be taxed for his poor rate in each FoomieL 
'~" 'tere his taxable property lies, and the same shall 
1 by the sever^ collectors of the poor rates in 
|ft districts. 

B the party taxable is a non-resident or an- vog.r«uinita. 
\ Ms property shat) be taxable for both poor and 
^rmtes in the district where such property lies. 
The Clerk of the i'eace shall, on or before the first dsricofpausto 
r vF April in every year, make out from snch roll the mk """^ 
)nij n(« for each township or district, containing the 
tioolara mentioned in Scbodale C or otber pftrticulus 



116 



COUNTY ASSESSMENTS. 



[PABT I. 



To be delivered 
to oollecton by 
olerkof 
peace. 

Oollecton* rolls 
of poor rates. 



Collectors when 
chosen. 



Chap. 21. 26, The assessors shall furnish to the clerks of the 
AascsBoni to f m" P^^' districts within their Hmits a certified copy of the roll 
nith dcrk of forwarded by them to the Clerk of the Peace for the county ; 
Sfrou. *^^and, within thirty days after the receipt thereof, the clerk 
of the poor district shall make out the poor rate for his 
district, containing the same particulars as the county rate 
collectors roll, making allowance for necessary differences, 
and place the same in the hands of the collectors. 
Assessment roll. 27. 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 (if any), the correct assessed 
value of the real and personal property of each party for 
which such party is taxable ; and there shall also be pat 
down on such roll the true valuation of the lands of non- 
residents oppQsite to the names of such non-residents, and 
also the amount chargeable upon such lands. 

28. The Clerk of the Peace shall deliver the roll so 
made by him to the collectors appointed by the Court of 
Sessions and Jury for each township or district. ^ 

29. The town clerk or clerk of the poor district shall deli* 
ver the collector's roll of poor rates so made by him to the col- 
lectors, who shall be appointed as hereinafter mentioned. 

30. At any meeting held by law to provide for the sup- 
port of the poer, under the Chapter of the Revised Stat- 
utes on that subject, the inhabitants shall choose as mai^ 
collectors as they may deem necessary to collect the poor 
rates for the district or township within which such meetine 
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 ia- 
babitants shall award to their clerk a reasonable remuner- 
ation, to be fixed at such meeting and added to the amount 
to be assessed on the district. 

31. The Sessions shall fix the time within which the 
collector shall collect and pay over the amount of his roll } 
and the collector within such time shall collect and pay 
over the amount of his roll to the County Tre€isurer. It 
shall be the duty of the collector of either poor or county 
rates to receive the taxes assessed upon the property of 
non-residents, if the same be rendered within the time of 
his collection. 

32. As regards the lands of non-resident owners named 
in the collector's Toll, it shall be the duty of such collector, 
where the owner is known to bim,1;o transmit by post a 
statement and demand of the charges taxed against him ia 
the roll. 

S3. If the taxes be not paid within twenty days there* 
after, the collector may apply to two justices of the peace; 
and upon affidavit being made of such statei&eut m4 



Bemuneration. 



Duty of oollec 
tors. 



Kon -resident 
ownere. 



Unpaid 

warrantSf 

lisoed. 



when 



Tins nr,] coumtt 

denuuid having been dnlj mailed bj the colleotor and that Chap. 21. 

the taxes are nnpsid, and upon their being satisfied that 

there can be foand on the laads Bufficient timber, wood, 
poles, or other raateriala, to defray each taxes and expenses, 
inch jnstices shall issae a warrant, authorizing the collec- 
ior to sell 80 much of each timber, wood, poles, or other 
materials, aa may be oeoeaeary to pay such taxes and 
expenses. 

M. ^Viere the owner is ooknown to the colleotor, affi- uniuunn^ 
davit of that fact shall enpersede the necessity of the affi- ''"°™- 
davit of mailing a notice and demand ; and in such case 
the warrant shall issue as provided in the last preceding 
nctioD. 

35. If the justices on application of the collector shall ^H^-^^^. 
beBatisfied that no tiinber, wood, poles or other materials nrtSr' 

eao be found on the land sufficient to satisfy the warrant, 
thev shall give him a certificate to that effect, which shall 
befits authority for taking do further steps to collect the 
rale to which such certificate applies. 

36. It shall be the duty of the collector to levy aoy ls>7 or wu^ 
warrant iss4«d by sucli two justicen by selling so much of"" 

the timber, "Wood, poles or otiier materials on the land as 
vill be sufficient to ptiy the amount of such rates and the 
upenses connectod therewith; and in making such sale 
^ shall sell only so mnch and sach part thereof as shall 
beinfficient to satisfy such rates and the expenses con- 
DMted therewith — fir^t selling such part thereof as he 
dnll consider most/or the advantage of the owner of the 
knd to have sold. 

_ 97. A purchaser under soch sale shall be entitled to a FDRhuer-iiighc 
right of entry upon the lands to remove the timber, wood, ** *"^' 
^foesor other materials purchased by him at any time 
*{(hia one year after the iaie, and to any other incident 
^l may be necessary to render his right available to him ; 
bat shall have no further right, privilege or easement 
*h»tever in respect thereof. 

38. The collector shaH give public notice of the day of B»ie— pnwio «»• 
lh» Mie, of the description of the property, and (when " 
nownj tho tiAtne of the owner, and the amount of taxes 
fitwJ on the property, which notice shall be given at least 
teudayp previously to the sale, by handbills posted up in 
■tleast five public places near to the lands in question; 
ud the sale shall be mnde at public auction, 

S9. If the amount realized by snoh sale shall be greater suTpkumaD^, 
than the araoaot due for the taxes and expenses nnd the*"' ""i" ■ 
,AHt«oi such sale (tlie same being regulated by the amount 
paid on coostable'e' sales, under executions issued from 
jNttcea), the surplua shall be paid over to the County 
, IVeMurerf who shall enter the same as surplus funds in 
t bf bia as bereinafter meatioaed. 



118 ' eOUNTT A8S888MBMTS; [PART 1 

Chap. 2t. 40. In case the collector shall be unable oii^er bocIi 

wamnttobe Warrant to collect the amoant by sale ba aforesaid, then i( 

returned, when, shall be his duty to retam such warrant, with a statetoeol 

of his doings thereon, to the County Treasurer, within ten 

days after the day named in bis advertisement for the sale 

thereunder. 

howre^Ld^^' 41. Eveiy collector shall, at the expiration of the time 

limited by his roll, return to the County Treasurer so much 

of the assessment roll touching the lands ot non-residents 

as relates to those lands in respect of which the taxes 

remain unpaid, or in respect of which surplus shall ari^e, 

in all cases where sales under warrant shall have taken 

place ; and shall also return the certificate given to him as 

aforesaid. 

keS^' coimty ^^' ^^ Couuty Treasurer shall record, in a book to be 
treasurer. 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 bad in 
respect thereof; and such taxes and costs shall be a privi- 
leged lien upon the lands, bearing interest at ten per cent, 
for the first year, increasing annually by two per cent, 
additional until payment, 
warrints. by 43. It shall be the duty of the County Treasurer to lay 
^uSZhm^^^' every year before the Court of Sessions for each coooty, 
the book containing such entries ; and such court sball 
have the 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 dis- 
charge the amount of the lien thereon with cost 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. 
Sale, when o> 44. When the Court shall have ordered a sale, the 
dered by court, d^rk of the Pcace shall issue a warrant addressed to the 
Sheriff of the county where the lands lie, ordering him to 
make sale of so much of the lands as may be necessary to 
pay the charges against the same. 
Sherirssaie, 45. The Sheriff shall thereupon sell by public auction, 
how much sold, g^ much of the lands as shall be sufficient to discbarge 
such taxes and expenses and the charges ol sale, selling 
first in preference such part of the lands as he may con- 
sider 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 judgments of the Supreme Court ; and withiu 
one month after sale he shall return his warrant to the 
County Treasurer and pay over to him the proceeds, of 
SQch sale, deducting such costs as be would have been 
entitled to under judgment salea. The SheriflTB deed^ 



una it.] ootnmr AssissiiKein. U9 

vhich Bfaall be id the form in the Sofaednle B, or to that Chip. 21. 

(Sect, ahall be primA /acie evidence of the title of the — — 

buds being conveyed to the grantee. 

46. The CoQDtjT Trensarer shall note in the book to be Btupim, ho* 
kept by him any surplus moneys arising by collector's, '"''*'•^•'■ 
constable's or Sheriff's sales opposite the record of the 
dewription ol the laods ; and aoy sach surploa shall in the 
meantime be added to the general connty fund and be paid 
to the order of snch person or persons as sball prove to 
IIm satisfactioQ of the Court of Sessions, hia or their right 
to the same as owners of tJie lands in respect of wbiob 
the sale occurred. 

t7. The County Treasurer, on receipt of the taxes on Foornt« en 
kods of non residents, shall pay over as soon as reasonably l^dduupSd 
may be to the overseers of the poor of any district so "**'- 
Bnch of those moneys as belong to the poor rates of the 
diitrict. 

48. The collectors shall pay over the moneys received, ooiiK«ar to par 
vitbont delay, to the Treasarer, who, if necessary, may o"»«»to<«»»«'- 
DBintain an action therefor, as for money had and received 
totheaseof snch Treasurer; and such action, whatever 

uy be the amount claimed, may be brought before any 

two JDstices of the peace for the county, subject to appeal 

u in ordinary cases ; and every collector shall make a 

gtnerel return to a justice within the township or place, Baturnotdc- 

or, U none reside there, to any jastice,of the oounty, of ''"""^ 

erery person who, after demand made either personally 

OD the party rated, or by leaving at bis residenoe a written 

tt printed demand of snch rate, or, if fae has removed 

Erom the district, by mailing "a letter containing suob 

deiEEUtd directed to bis then residence, shall not have paid 

bis rate ; and the colidctor shall make oath in writing 

before audi justice, sotting forth the name ot every 

dofaulter, the sum assessed, that demand has been made, 

lad what portion of the rate is unpaid. 

49. Soch justice sliall thereupon forthwith issue M,ameaiottf»- 
general or fipecial warrant of distress against the several iMn^!*"" '^' 
delaulters, or any one or more of them, in the form in the 
Schediilo, directed to a constable or to such collector, 
Ooffimaudiug him to levy from the goods of each person 

Batned io tiie warrant the sum doe by such person, with 
oolleotor's or constable's and justices' fees, and shall specify 
HMroto when the same sball be retnmable ; and the con- 
itable or collector gball return the same within the specified 
lime, ander a penalty of twenty dollars tii be collected and 
idded to the funds of the county over the amount col- 
lected thorennder, to the County Treasurer. The justice's lav. 
fees for such warrant atnll be seventy cents, and the 
coUector'i or constable's fee for each person in the varrsnt 



120 COUNTT ASSESSMENTS. [PABT L 

Chap. 21. shall be twenty cents ; bnt the collector or constable shall 

'■ have no travelling fees or poundage, and the justice's fee 

shall be apportioned among the several persons, if mora 
than one, in the warrant ; and no suit shall be bronght 
against such defaulters before any such justice. If the col- 
lector or constable shall die, leave the county, or neglect or 
refuse to execute the warrant, any constable of the county 
may execute the same. In issuing general warrants for 
the collection of Poor and County rates payable at the 
same time and to the same collector, the xlefaulters for 
both rates shall be included in one warrant ; and the form 
of the warrant in the Schedule of Chapter 33, " Of the Settle- 
ment and Support of the Poor,'' or that in Schedule F of this 
Chapter, so altered as to answer the purpose of collecting 
both rates, shall be used. 

SSSS't duJr ^®' ^^^ collector or constable shall forthwith execute 
mwamnt." such Warrant, and pay over the amount collected there- 
under to the County Treasurer ; and if he is unable to find 
goods sufficient to satisfy the warrant in respect of any 
parties named in the warrant, he shall make a return to 
that effect, and the justice shall thereupon issue a separate 
or general warrant as may be necessary to include costs 
to ti^^yt^^ and fees thereon, directing the collector or constable to 
take the body or bodies of one or more of the defaulters 
and commit to jail as under an ordinary execution, and 
parties so committed shall be entitled to all the privileges 
of debtors imprisoned under execution, 
'ammtwhen 51. Where the amount to be collected under any 
^!SS^^^ warrant of distress or commitment exceeds two hundred 
dollars, the same may be directed to and executed by the 
Sheriff, who shall execute the same, and his fees thereon 
shall be the same as those of a constable, 
oomaiflsioii to 52. The rate of commission to collectors shall be fixed 
coUeoton. ^yj the Sessions at a rate not exceeding five per cent, on 
the amount collected, where the collector does not collect 
the whole amount of his roll ; but the Sessions may in- 
crease such commission to seven and one-half per cent, 
where the collector shall pay over to the County Treasurer 
the whole amount of bis roll* 
SJSfdnty'^ 53. Every person appointed a collector who shall 
neglect to be sworn into office, or who shall not perform 
fine. the duties thereof, shall forfeit eight dollars, recoverable 

in the name of the County Treasurer as other debts of the 
like amount; which sum, when collected, shall be paid 
into the county fund. 
ro°reSBwSt^ 54. If the Sessions shall neglect to make presentment 
oDs^eotof as herein directed, the Supreme Court shall amerce the 
'^^^^' county in such sum as shall appear to them upon affidavit 

of a rate-payer to be necessary for the purposes of thia 



Bill IT.] OOUHTT ABSESSMBNTB. 121 

•iitb sectioD, which snm shall be asaeased upoD the inha- CaiP. 21. 

biltDts of the coanty, collected, paid to the Treaanrer and 

accoDDted for as other ntea. • 

65. Where the Supreme Conrt have power by aoj act PnMBwUnfn in 
to amerce a county, district or towoahip, an order of the "'*•" ""^ 
Coort, apecifying the antonnt to be amerced and the pnr- 
poae thereof, when aerved upon the Clerk of the Peace, cick ot at 
tiuil render it the dnty of the Clerk and of every other ^TuiS^mS^ 
coDDty, district and township officer connected with the 
•taeasment and collection of rates, to proceed in respect to 
tba awessment, levy and collection of the anm to be 
aawrced, together with the coats of the rule, when ordered 
ud taxed, id like manner as if the same had been pre- 
.nnted by the Grand Jury and Sesaiona in the nanal oourae. 

S6. Any connty, district, or township officer neglecting vegieoeat da^. 
orrefiising to perform any duty devolving upon him nnder 
tbia Chapter, in reapeut of such amercement, may he pro- 
mded againat and punished aa for a contempt of Court, 
ud shall also be liable to any fine or penalty imposed upon nw. 
neb officer for neglect of duty. 

ii. The Supreme Court, in caae of the neglect or re- aaimnwooaM 
fnsl of any sncn Clerk or other county diatrtct or townahip m'w'SSciSa 
officer to perform any dnty devolving apon him under this o'l'"""^""* 
CEupter, shall have power to name a person to discharge 
tnch daty in the place of the officer so neglecting or 
nhsing ; and the person so appotiited shall have all the 
Wvers, rights ana authorities, and be subject to all the 
Bibilities of the officer in whose room he is ao appointed. 
68. In any caae in which a collector of poor ana county ^mu nnut, 
h Atea shall deem it necessary to apply for a warrant '°''**'"^ 
Bapinsta defaulter, such collector shall make oath before a 
Hftatics of the peace that he has demanded the rate from 
Pusch defnnlter, and that he deems it necessary in order to 
' obtain payment thereof that sncb warrant should issue; 
ud tberoupoD il shall be proper and competent tor 
I the justice to issue a special warrant of distraint, to 
indnde one or moro deninltera, aa circnmstances may 
I nqnire, and to be executed in manner prescribed by this 
I QiaiAer ; and it shall nut be necessary that all defaulters 
iUibe incliided in une warrant of distraint 

59. All moneys belonging to or due the county shall be "^S.**" " 
paid to the Treasurer thereof ; and all moneya due from 
^ county shall be paid by him on the order of the 
SeanoDS. 

W. Tlie Treasurer abaJl. once in every year, at auch T™»OTr^»e- 
tiue as may be directed by the Sessions, make up hia^^auaK^ 
I wconnt, and send the sarae to the Clerk of the Peace to «"'»"*«^ 
I ^ filed ; and the same shall be laid before the Justices and 
Qnod Jai^ oD the first day of the next Sessions to be 



122 COUNTT lS8ES£aiEMT8. [PABT I 

Crap. 21. andited ; but the Jastices, either in General or Special 

Sessions, may at any time before the Sessions, if they see 

fit, order the County Treasurer to make out and rendei 

his account up to any period named in such order. 

a^^pwS- ^^' ^^y person aggrieved by the assessment or the 

cated. levy may appeal to the next Sessions held in the countji 

or to 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 oi 

the assessment or rate; out such application shall be 

founded on affidavit setting forth the grounds thereof ; and 

the court of appeal, without prejudice to the whole or anj 

part of the assessment, may either set aside or lower the 

rate on such person or finally determine the appeal as thej 

shall see fit. 

Bepiqnneiit 62. If any mouey has been paid by the appellant, and 

wiien ordered, jj^^ Sessious adjudge that the same or any part thereof bf 

returned, the same shall by order of the Sessions be repaid 

by the Treasurer out of any money received from the 

Appeal not to general assessment of the county; but no appeal shall 

de^y ooUeotkn. delay the coUectiou or recovery of the sum assessed upon 

the appellant. 

oveneen of 63. Every person appointed by any presentment and 

Mwonto. "'****' order thereon or by any amercement, to be an overseer oi 

work or distributor of money so raised, shall at the next 

Sessions, and within a reasonable time by the Sessions to 

be appointed, produce his account, on oath if required 

with vouchers that the money by him received has been 

expended according to law; and if, upon account made 

he shall be found to have money on hand, he shall forth 

with pay the same to such person as the Sessions shall ap 

i^ooeedingi on point ; and in default of such account or payment he shaJ 

by warrant of the Sessions be committed to jail, there tc 

remain in close confinement for three months, or until sad 

account be made, and the balance be paid with costs, oi 

sufficient security be given for the same. 

compenwtion to 64. The sossious, out of the money assessed, shall fron 

overeeen, . ^^^ ^ ^j^^ ordor a reasonable compensation to overseers 

distributors of money, and constables employed under thif 
Chapter. 
Forfeitnratand 65. Forfeitures and penalties hereby imposed, the col 
ooUeot^'Ao' lection of which is not otherwise pro video for, shall bi 
sued for by the Clerk of the Peace by direction of twc 
justices, and collected as other debts of like amount witl 
costs; but no suit shall be brought before a justice wh< 
shall have directed the same ; and forfeitures and peoaltiei 
when recovered shall be paid to the Treasurer fiar ooonty 
purpotea. 



HTLC IT.] COUB 

66. No Botion sfaall be commenced for aoytbing done Chap. 21. 
in pnnaance of this Chapter after sis moDths from the unriwioo or 
date of the act complained of, and every such actioo shall ^^^ *™* 
be laid where the cause of action arose. 

67. No certiorari to remove rates or orders, or other (>^;||°^' ^^ 
proceedings of the SeasioDB touching rates, shall be granted ^uiiiMd^ 
W npoD motion in the first week of the next Term io the 

ooontj aiter the time of appeal has expired, and upon it 
being made to appear bj affidavit that the merits of the 
question on snob appeal or orders will by such removal 
SHoe properly in judgment ; and no certiorari shall be 
lUoved till a bond, with one anrety to be approved by the 
Treaaarer, be given to him in forty dollars to proseoate 
the aame with effeot, and pay the oosts if the rates or 
orders be confirmed ; nor shail any rates or orders be 
qnubed for matter of form only, nor any general rate for 
n? illegality in the rates of individuals, except as to snob 
iwvidDals. 

68. No action shall be brought against a oolleotor or wi»nt« 
nceiver of money ou a rate sabsequeotly quashed on a I ''"' 
osTtionri or otherwise ; but the person who has overpaid " 
lUt have the amount refunded by the Treasurer on the 
Older of the sessions. 

^. The word " county " in this Chapter sbali include i 
kdutrict wherever a ooanty has been or hereafter may be ^ 
divided into sawional distnota. 

W. Whore the words " Court of Sessions" and " Grand i 
Jdij," or other words to that effect, are used in this Chap- *'°™*' 
lir,tlie Bame shall, in cuunties or districts inoorporated, be 
' '~~>trued to mean the municipal council of any such county 
ialriot. 

■71. The City of Halifax shall, so far aa regards any hkiuu, bo* fu- 
ll which nnder the authority of law the Corporation «""!*■ 
tt power to enforce, he exempted from the operation of 
'e sections of this Chapter in reference thereto. 

If the whole assassment to be contribnted in any Pnasdinn 
■<!■ year by a district be not collected and paid over to the rSSLitS«p»id. 
UBDiy Treasurer, the amount remaining unpaid shall be 
tUed to the next year's assessment of such district, and 
Collected from such district with and in addition to such 
otlt year's assessment. 

73. All travelling and other expenses incurred by jus- aip8ojj,bow 
tioea in the discharge ot their appointed duties nnder this '^ 
Chapter, shall be paid by the county, subject to the apprO' 

Til of the Grand Jury aad Sessions. 

74. The Clerk of the Peace shall, when any fine OTomHomiom 
penalty is incurred for the breach of any ot the provisions p"*""^ 

ot thi» Chapter, cause proceedings to be institated to ^^^ ^ 
jD^rce the payment thereoi; and, u be aball neglect to do m^m. 



124 



COUNTT ASSBSSMEMTS. 



[PART T. 



Chap. 21. 



Appointment of 
looM and general 



Keetiiig, notioe 
of. 



BetoTBtoPro- 
idnoial Beore- 
tary't office. 



Atoteof de- 
eeaaed penon 
liable for ratee. 



80 witbm ten days after he shall have been required bj the 
Custos or the Court of Sessions, he shall pay a fiae of 
eighty dollars, to be recovered in the Supreme Court in 
the name of the Queen ; and in case the Clerk of the 
Peace shall neglect to fulfil any of the other duties imposed 
upon him by the same sections he shall pay a penalty of 
forty dollars, to be recovered as aforesaid. 

75. It shall be lawful for the General Sessions of any 
county, on presentment from the Grand Jury recommend- 
ing the same, instead of appointing assessors for separate 
townships and places, to appoint, in the same manner as 
other county officers are appointed, one or two assessors 
for each electoral district within the county, who shall be 
called local assessors ; and also to appoint tor the whole 
counter general assessors, not to exceed three in number ; 
and thereafter the assessment roll for each electoral dis- 
trict in any such county shall be made up by the general 
and local assessors of the district, acting as a board of 
assessment for such district. 

76. In such case the Clerk of the Peace shall duly 
notify the local assessors of the days and places that shall 
be appointed by the general assessors for holding a meet- 
ing 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 purpose of making up the assessment roll. 

77. Every Clerk of the Peace in the Province shall, not 
later than thirty days after the adjournment of the Court 
of General Sessions, make a return to the Provincial 
Secretary's office from the assessment rolls, of the total 
valuation of taxable property in the county or district 
over which his duties extend. 

78. The estate of a deceased person in the hands of his 
executors or administrators shall be liable for county rates 
assessed on such estate in his lite-time and due at the time 
of his death, and such estate may be levied on and sold for 
the payment of such county rates under a warrant to be 
issued for such purpose by a justice of the peace for the 
county in which the estate is, which warrant shall be 
directed to and executed by a constable of such county ; 
and the proceedings on such levy and sale shall be the 
same as in case of ordinary defaulters ; and, where there 
is no administrator of such deceased person, or where his 
will has not been proved in the Court of Probate, the 
estate of such deceased person may be levied on and sold, 
wherever found, in like manner. The demand for suoh 
rates shall be made on the executor or administrator if any, 
or if there be no lawful executor or administrator, at the 
last place of abode of the deceased. 



nn.s rr.] oonir 

79. It Bball be the doty of aaiOBBors to asaesB all the Chap, 21. 
rateable property belongiDg to any aBBOciation, company, oatjoimmm-' 
or finn, in the name of tbe asBOciation, company, or firm,<»«- 
and not in tbe name of tbo agent or of any Biogle member ; 
bad, in asseBEiing each property, it Bhall be the duty of the 
sasesBora to have regard to the boundaries of Bohool sec- 
tionx, and in every case to retnm with their valuation of 
0nch property the name or desigDation of the Bchool eec- 
-ttOQ in which it lies; and, where the same asaociation, 
company or firm holds property in two or more school sec- 
tions, to specify distinctly their valuation of the portion in 
cBch, also of the portion, if any, not included in any school 
wction. 

80. If at any time the asseBsors negleot to carry out iJ M o t i ne- 
tliB provisions of the next preceding section the Clerk ot **™'* 
tbe Peace shall, on the requeut of any school trustee, refer 
tin roll back to the assessors for amendment or correction, 
iTitshall appear to such Clerk of the Peace that there is 
^)y to he any defeat of the law rotating to public schools 
mag to such neglect on the part of the assessors. 

81. Hereafter ships or vessels on the stocks in course H^wnpaoni. 
of coDBb'uction and the timber and materials in any ship 
jtTJTiWl OT 'io be used in their constraotioa slmll be 
uempt from couoty rates to tbe extent of half their value. 

B2. Asaesaora, collectors, and county, town and '^'s- JJJ?*" yh— 
Uict officera under this Chapter shall be sworn into office o«om iiwii tw 
by »Dy justice of the peace for the county or district ^^p'f"""'" 
where such officers ruiside, who shall without fee make a 
record thereof, and Kball, within forty days from tbe time 
of sDch swearing into office, forward a certified list of such 
officers eo sworn as aforeAaid to the Clerk of the Peace of 
iDcb county or district, who shall file the same. 
"1. If any justice of the peace shall refuae to swear J- p- "f"^ •• 
of the above officers into office when thereunto re- to roneii |mm- 
id, or shall neglect to certify or forward the said list 
B Clerk of the Peace as in the next preceding eection 
ited, he shall forfeit twenty dollars. 

Persons residing iii one district and owning property ^^^^mm 
tther district of u county may be assessed for tbe wtimtitiuM. 
in tbe district where the property is situate; and 
of snch assessment transmitted by post shall be votiae. 
1 a Bufficient noticu. 

In case it sliail appear that en assessment has been oorreeuoniit 
nude ia any district upoQ any parson not legally liable to w^totrau. 
p«y the same, it ehall bo lawful for the assessors, Custos, 
or Clerk of the Peace to substitute the name of the proper 
person in place thereof, who shall be liable to pay the 
■we as if his own name bad been originally entered on 
tb« uaoBunspt roll. 



1 26 cotnmr issBBsinsim. [part i. 

Chap. 21. 86. The warrant ot distress for non-payment of 
wammtofdi*. conntjT rates may be levied and enforced on any property 
toeM^nwhat Qwned by the delinquent in any district in the connty. 
Property tnna- 87. In caso of any transfer of property the assessment 
SSS ^^uon ^^^^^ ^^ payable by the assignee or occnpier ; and, in case 
first liable for aa- of property taken under execution, or any other procesa 
**"""**' of law, the same shall be first liable for any assessment 
which may be due and payable thereon, and payment 
thereof enforced ; and the Sheriff or other officer shall be 
bound first to pay such assessment out of the proceeds of 
sale. 
Before aMeB»- 88. The assessmcut of all coal mining and other joint 
iSSto'Sf'Si stock companies shall be made as follows : — Before the 
^^^f^2d^ assessment for the whole county shall be made up by the 
value at which assossors they shall notify in writing the resident agents 
maS^d^u tk^'of the sovoral coal mining and other joint stock companies 
BMcmoT?i^n"!!r ^" ^^^^ couuty of the valuo at which they estimate the 
«««> <J^^to. real and personal property of such companies, and require 
tMthof aotnai such agonts, if they object to such valuation, to severally 
^"•' furnish to such assessors, within fourteen days from the 

dates of such notices, written statements, under the oaths 
of such agents, of the actual value of such real and per- 
sonal estate of such companies, not including any undis- 
turbed minerals. After service of the notices upon such 
agents, fourteen days shall be allowed them to furnish such 
assessors with such written statements under oath of the 
actual value of the real and personal estate of such com- 
Beeident agent pauies. The term ''resident agent'' in this section and 
'^^'^^'^^ the following sections shall be held to mean the principal 

agent of the company resident in this Province or the 
person (if any) duly registered as agent. 
saehBwom 89, Whenever the resident or registered agent of any 

Jd^?«S««««!*' such coal mining or other joint stock company in the 
county to be assessed shall deliver such sworn written 
statement to the assessors within such fourteen days, the 
assessors shall adopt the valuation sworn to ; and such 
Appeal. valuation shall be binding, subject only to an appeal by the 

Clerk of the Peace on behalf of the county to the General 
Sessions of the Peace or to any Special Sessions called for 
the purpose of hearing appeals and therefrom if necessary 
to the Supreme Court, 
if notnoh sute- 90. Should such swom written statements not be 
vSoaSof***^ furnished within such fourteen days by such agents, the 
Adopted. assessors shall proceed upon their own original valnatioo; 

and such valuation shall then be binding, subject only to 
appeal to the Court of General Sessions of the connty. 
Yaoandetin as- 91. Whenever the General Sessions of the Peace shall 
^g2d|[''''^ neglect or omit to appoint assessors or collectors under 
section seven of this Chapter^ or if the persons appcHoted 



HMIT.] 



12T 



sb^l die, leave the Province, or refnae to act, then it ehall Chap. 21. 
ba liwfol for a Special SeeBiouB, called and eummoned in 
the dbdaI way, to fill such vacancies ; and the aaeeBsorB or 
coIiectofB 80 appointed shall have the eame powers, duties 
and liabilities as if appointed by the Grand Jnry and 
Oeasml Sessious. 

SCHEDULE A. 

All personal chattels of every kind and description at 
tbeir actml cash value, except as qualified beneath. 

The average stock of goods on hand of every merchant, 
tnder or dealer, mannfacturer, tradesman or mechanic ; 
■neb average stock to be considered the mean between the 
highest and the lowett amount of goods on hand at any 
time during the year, and to be estimated at cost price. 

One-half the value of ships a6oat, whether in the Pro- 
fince or elsewhere, 

B. 
Anesuoent roll for the Township [or Datrtd] of . 





thcComty. 


"Sr 


Whole 
pmpwty. 


DJrtrretin 
which pro- 
pwtyi.. 


Amoaiit uMHd 
Indiffermt 
Tpwuibil* 


LB. 


S3400 


8800 


»320O 


Ttownahipot 


SIOOO 


en 


400 


1600 


IBOO 


B 


1400 


tl 




800 


800 


C 


800 


a. a 




200 


200 






n 













at roll of non-residents' lands within the Town- 
ship [or District] of . 



El 


'^'""'■™ 


identity it. 


Value or tuC 


i 


800 


A lot of land situate to the 

West of riTer, bound- 

iog tboraon on [he East [or 
jucA olhtr deicriplian aj maa 
identify it] 

A lot of land origioallj 
BTanted to A. B,.[<w mcA otfff 
ifiaiftion 01 may idtntify it.\ 


BSOO 

saoo 



128 

Chap. 21. 



COUNTT ASSESSKENTS. 



c. 



[part l 



Collector's Roll for County Bates for the TBwnsbip 

[or District] of — -. 



Name of taxable 
party. 


FoUux 


Taxable property. 


Bate payable 
thereon. 


Total Tax. 


A. B. 


25 cents. 


saaoooo 


81 60 


81 85 


CD.. 


25 " 


1600 00 


80 


105 


E.F. 


25 « 


800 00 


40 


65 


G.H. 




aoooo 


10 


10 


NoD-residents* 
land. 




6000 00 


800 


3 00 



Collector's Boll for County Bates for the Township 

[or District] of . 



H ame of taxable 
party, if known. 


No. of 
acres. 


Description of lot buIB- 
cient to identify it. 


Valoe of Land. 


Total levy. 


J.R. 
Unknown. 


500 
301 


(Copy the deecrio- 
tion from the cortified 
roll, or give other suf- 
ftcient description of 

it) 

(Copy as above.) 


8800 00 
5200 00 


40 cents 
82 60 



You are hereby required to collect three dollars, 
the tax as specified in the within roll, and to pay over the 
same to the County Treasurer within days here- 
from. 

Dated at , the day of , A.D. 18 — • 

A. B.y Clerk of the Peace. 
To C. D.; Collector of County Bates for above District. 



E. 

To all to whom these presents may come : 
I, A. B., Sheriff of the County of , send greet- 
ing : 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 Twenty- 
One of the Bevised Statutes, '' Of County Assessmenta ; 



TIIU IT.] OOOHTT ASSESSHBNIS. 121 

And vbereas, upon such sale the said C D. paid tbe pur- Chap. 21. 
chase money : 
Xdw koow ye, that I, the said Sheriff, ,in consideration 

of the sDm of , so paid to me as aforesaid, have 

granted aad convoyed, and by these presents do grant and 
coanj to tbe eaid G. D., his heirs and assigns, all that 
[hen dacribe (he land.'l In witness whereof, I have hereto 

set my hand and seal at this day of , 

A.D.18— . 

P. 
Form of general warrant of distress. 

(, . f \ To A, B. one of tbe constables for 0, 

wimtyj.! ( D. one of (he coUedors) for the 

) TowDsbip of . 

Whereas by a rate and assessment made in conformity 
with law, tbe persons nuned in the Schedule herenato an- Ponn ot gmtfm 
Dtied bare bees assessed for connty rates for the year *"™"' 

eadiDg the day ot ; and whereas it appears 

to ne, one of the Justices of tbe Peace for soch County 
aun tbe oath of C. D., one of the collectors for such towo- 
nip, (or cf you the said G. D. a ccHeiAor as aforesaid) 
tlial the several same for which they have been assessed 
htre been demanded from sacb persons respectively, and 
that thfl satns cet opposite their names in such Schedule 
reniiiu uupaid: these are therefore to reqnire yon fortb- 
with to make distress of the goods and chattels of the 
penons mentioned in tbe Schedule ; and if within the 
I ipUBoffive days next after such distress by yon taken the 
~ I in the Scbedule set opposite thair respective names, 
tf the snms rated OQ tliem respectively, together with 
i proportion ot justice's and constable's (or ooUector's) 
mwiad the neceaeary charges of taking and keeping tbe 
tea be not paid by oacb of them respectively, that 
■yon do sell tbe goods and chattels oi such of them 
M JI not have paid such sums with fees as above 
[WDtioned, and out oi tbe moneys arising from such sale yoa 
A) forthwith pay over tbe sums so due by them respectively 
totlie Treasurer of such Countyj together with the justice's 
■od constable's leoa, if any ; and that you do render 
tetbe owners of tbe gouda respectively upou demand the 
torplnfl reiuuiniug from such sale, tbe necessary charges of 
Ukiog, keeping and xiiUing the distress, being first de- 
i&lcted ; itnd if no such distress can be made, that thsa 
ym certify tbe same to ma, and of your doings under this 

wuTMt make due return to me within days after tbe 

dste (Jbereof. 

Oi?«a under my baud and seal the day of ' , 

A- D. 18—. 
II" J (Signed) -J. P. (seal.) 



ISO 

Chap. 22. 



JAILS AND OTHER COUNTY BUILDINGS. [PART L 



G. 



oath. ly A. B., do swear that I will well and faithfnlly perform 
the duties of my office as Assessor for the district ot — — — , 

iu the County of , under the laws of this Province, 

to the best of my ability. So help me Ood. 



CHAPTER 22. 



JaiH^ooiiit 
hooMiand 
MBBion houses, 
hoir erected and 
rqiaiTed. 

Spiiitooos 
Uooon forbidden 
within JaU 
limits. 



Fensltles for a 
second oonvio- 
tlon. 



Proseoation to 
be by derlc of 
Uoense. 



Ltqnorswlien 
prescribed medi- 
cally may be 
fomishea. 



Exceptions 
where honses 
within the 
limits. 



Jail limits and 
yards, as well as 
the conduct of 
sheriffs and 
officers, to be 
regulated by 
supreme court. 



OP JAILS AND OTHER COUNTY BUILDINGS. 

1. County or district jails, court houses and session 
houses, may be erected and repaired by order of the grand 
juries and sessions in the respective counties and districts. 

2. If a jailer or other person shall sell or deliver or 
permit any person to sell or deliver to any prisoner or 
other person any spirituous liquors in any jail or jail yard, 
or 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 prisoner there, such person shall forfeit a sum not 
exceeding twelve dollars. 

3. Every jailer, on a second conviction therefor, shall, 
in addition to paying a second fine, be disqualified for 
office and be forthwith dismissed. 

4. Prosecutions shall be in the name of the clerk of 
the licenses for the county or district ; and on information 
dven him it shall be imperative upon him to sue for suoh 
fine. 

5. Nothing herein contained shall prevent the intro- 
duction of liquors for sick persons being in jail, when pre- 
scribed in writing by a physician. 

6. If the limits of a jail extend beyond the jail yard 
and include any house or building other than the jail, 
nothing herein contained shall extend to such limits, un- 
less 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 time to time make and publish rules and orders for 
fixing and ascertaining the limits and boundaries of jail 
yards, and for directing and controlling the conduct of 
sheriffs, jailers and officers having the charge or custody 
of prisoners, and for their safe keeping and protectioo. 



niLR IT.] TOWBSHIPS AND OFPIflEBS. IS 

S. The JQBtices in iieseions may make orders for tbe Chap. 23. 

ngnktioQ of connty bnildings and for the internal reenla- . .. ..■ 

tioaof coHQty or district jaila, for the gnidaace of jailers 



asdotiier subordinate prison ofBcerD, and for the comfort udpnniFn, 
and control of prisoners ; but the same shall not extend to S^if^^tda 
interfere with or affect the secnrity of priaooern there oon- '"^ 
Sati, nor the custody or control of the Sheriff over his 
priunera, nor to lesson his resposaibility tor their safe 
keeping. 

9. The justices in session, with the assent of the grand SS!^°SLi- 
jnfj.may regulate the salary of jailers and subordinate wita. 
prigon officers, and may regulate or abolish the payment 
bfpriaoners i>f fees. 

10. Certified copies of all such orders shall forthwith ordmnvb* 
thereafter be forniahed by the Clerk of the Peace to the ^^^^^ 
Prothonotary of the county, and thereupon the Supreme soprwm'oonrt. 
Cssrt at Ha ne:ct Term may alter, disallow or confirm the 

nme. If not altered or disallowed at the next Term, 
theyghall immediately thereafter be in force. 

11. Every sheriff and every jailer shall keep a copy of '''J.'^iS"" 
the jail regnlatione posted in some conspicuous part of the "''' 
biildin);, and the Clerk of the Peace shall furnish him 

iWewith upon demand. 

11 All persons arrested under warrants of justices of 'wmiu uthiki 
tbe peace, charged with offences within the jurisdiction of to^^ai^ S^' 
nch jiatices, may be coDfined in Lock-up Houses either |^,^|^^'" 
beWeor after conviction. 

13. The sessions in any county or district, on the St'Ei^^ot 
recommendation of the Grand Jnry, shall appoint keepers ioaii-aps. 
of luch Lock-up Houses who shall be responsible for the 
sifeonstody of prisonera. 



1 «(e onstody 
^Ttlie 1 



CHAPTER 23. 

IPB, CBRTAIS CODNTT AND TOWNSHIP OFFICERS, 



"Tlie boundary lines of townships, wherever ^^^^^^^^"^ 
have been established, are conGrmed. trmto. 

3. The Grand Jury for each county, when required by sarnran at 
Ibe Court of Uencml Sessions, shall nominate out of the ^,p,dat& , ^ 



mpective tonnships within the county, or any of them^ 
la ptrsons, of whom tlie justices shall appoint three to be 
•orvoyors of lines and iounds of such townships, who 
«hxll survey, examine and ascertain the lines and bounds of 
fDoh towijslilps in such munneras the Sessions shall direct ; 
■nd ibe lines of townahipt; so surveyed when conGrmed by 



KSIT'' 



132 



TOWNSHIPS AK0 OFFICR& 



[part r. 



Chap. 23. 

Townoffioen, 
how nominated 
and appointed. 



Burvt^yon of 
highways, how 
i^pointed in 
cases of omission 
of sesdons. 



Officers to be 
twom in; ftnes 
for certain 
offences. ' 



Tacandee, how 
filled. 



Custody of town 
plans, grants, 
A<o., provided; 
fee for inspec- 
tion. 



OonitaUes, how 
appointed. 



Special con- 
staMes, when to 

madhiw. 



3. The grand juries in the several SessioDS of the 
Peace shall annually nominate snch nnmber of persons for 
town officers as the justices shall direct, of whom the 
justices shall appoint snch number as may be deemed 
expedient. 

4. If the Grand Jwry and Sessions shall not appoint a 
surveyor of highways or other usual countj or township 
officer for any particular district, any two justices 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 entering 
thereon, by any justice of the peace lor the county ot 
district where euch officers reside, who shall without fee 
make a record thereof, and shall, within forty days from 
the time of such swearing into office, forward a list of such 
officers so sworn as aforesaid to the Clerk of the Peace of 
such county or district, who shall file the same. Upon 
refusal to accept office or neglect to be sworn in within 
fourteen days, or misbehaviour therein, every such officer 
for each offence shall forfeit eight dollarsf and if any justice 
of the peace shall refuse to swear any of the above officers 
into office when thereunto required, or shall neglect to 
certify or forward such list to the Clerk of the Peace 
as in this section directed, he shall forfeit twenty dollars* 

6. If any person so appointed shall die or leave the 
tov^wship during his term of office, or shall 'not perforin 
the duties thereof, any three justices may nominate and 
return a list of three persons to the Custos of the county 
or district, one of whom shall be selected by the Gustos tc 
fill such vacancy. The Custos shall return such list with 
his selection to the Clerk of the Peace, who shall imme- 
diately notify the person selected of his appointment, and 
the person so appointed shall be subject to the same 
duties and liabilities as in ordinary cases. 

7. All plans, grants, title deeds and conveyances, be 
longing to any township, or in which the proprietors have 
a common interest, shall be kept in the custody of the 
clerk of such township, who may recover possession there 
of in an action in his own name ; and snch document! 
shall be open for inspection to any person on payment of i 
fee of ten cents. 

8. The Sessions for the County of Halifax are author 
ized upon the recommendation of the Grand Jury, to ap 
point constables to attend upon the Sessions and the So 
preme Court within the county, in the same manner u 
other town officers are appointed. ^ 

9. In case of riot, tumult, or disturbancei or illega 
acts of any kind, accompanied with force or violencO|oro 



nCLB IT.] TOWNSHIPS AKD OPnCEBS. 133 

a joat appreheasion thereof, if in the City ot Haliftiz, the GflAP. 23. 

Uayor aad any three of the aldermen, and il eUewhere in 

the Province, any three of Her Majesty's jastices of the 
peace may, by writing under their hands, appoint any 
namber of special constables to assist in preserving peace 
and order. 

10. Such special eonstablea xhall, within the City, he bt vnaadtnct- 
onder the direction of the Mayor or alderman acting as "'■"''•''"™"^' 
Mayor; and if elsewhere, under the direction of the senior 
magistrate who liaa signed their appointment. 

11. In the City, the Mayor or any alderman, and else-Bywiwmiobe 
where any jastice of the peace, may swear in saeh special """■ 
eoQEtables to the faithful discharge of their duty. 

12. The appointment of sueh special constableri shall suntionotip- 
«ontinne in force for the period of fourteen days from the r*'"'™"- 
date of BDch appointment, unless sooner revoked by the 

Htfor, iddermon, or justices by whom they were appointed. 

13. In case of disorder or disturbance which may DtBrder.ordik. 
Mcnr at any public meeting or assemblage of persons, the JSSS^q'iT 
Mayor or any alderman if in the City, or any justice of j'pj''*'"""' 
the peace if elsewhere, upon the request of the chairman 

of mch meeting, or of three or more freeholders, may 
nrbally appoint and swear in special constables, who shall 
«d in restoring and preserving order and peace at such 
DMliDg or assemblage. 

U. Any person tvlio laay be appointed a special con- oonnaMag, »- 
•Ubie under the last five sections, and shall neglect or re- '''''^'"■•"^ 
tw to be sworn into office, shall be liable to a penalty of ' 

tfbt dollars. 

IS. The Grand Jury and Sessions may appoint one or xinHinment 
"Jfe police constables to act for the preservation of the JJ^[f^^' '""'* 
iblic peace and order, and for the enforcement of the 
n against crime, vice and immorality in such townships 
iistriuts as tliey shall see fit, and may make regulations 
Bthe duties to be performed by them, and may provide 
'sir remuneration by salary or otherwise. 

The funds neci^ssary for such purpose shall beFand.,how 
i by assessment upon the districts wherein such oS-™'*"^ 
e appointed, in tlie same manner as poor and county 

Any person who shall by force resist any constable p^atecUon oL 
ttSal constable iu the execution of his duty, shall be 
Ifect to a penalty of not less than two dollars and not 
more than twenty dollars, to be recovered, if in the City, 
on convicUoo in the police court, and if elsewhere, before 
any two justices of tlie peaco ; and, on non-payment, the 
Deader shall be committed to the jail of the county Jor a 
period not exceeding ttiirtj' days. 



134 TOWNSHIPS ANI> OFPICBBS. (pABT Z 

Chap. 23. 18. The justices in session in any county may annually 
jiuitioesintessi^ appoint a Chief Constable for such county, and fix a salary 
inanyootuot>' qi not loBS than oue hundred dollars a year, to be paid to 
^^'wnstabie. him out the Comity Treasury. 

Booh oonstabu 19. Boforo entering upon the duties of his office be 
to^iTeSS^g shall give a bond to Her Majesty in the sura of two thon- 
apoa hu duties, gand dollars, with two sufficient sureties, for the faithful 

performance of the duties of his office. 
Powers and 20. Such Chief Constable shall have power, and it shall 

SSStoW^*^ be his duty to serve and execute all process issued by 
justices of the peace m civil and criminal matters, and to 
execute all warrants for county, poor and school rates, to 
him delive^red to be served or executed ; and he shall havo 
power to perform all acts and* duties now iQcnmbent od 
constables in criminal and civil cases. 
AiicoortaMeBof 21. All coustables of the county, when so required by 
aJi^chiifoon. the Chief Constable, sliaN be obliged to assist him in the 
•uib^henre- performance of his duties; and any constable refusing to 
so assist him, without reasonable and just excuse, shall be 
Hable to a fine of not more than twenty dollars, to be 
recovered as an ordinary debt before any two justices of 
the peace for the County in the name of the Chief Con- 
stable. 
Chief constable 22. The Chief Corrstable shall have authority to appoint 

may appoint j i.* j i • ^ x i 

deputies. ouo or moro deputies under him, ana to remove sucu 

deputies and appoint others in their stead at pleasure ; and 
such deputies shall have the same authority to serve and 
execute process as the Cliief Constable has under this 
Chapter ; and the Chief Constable shall be responsible for 
the acts of bis deputies in serving and executing such 
process. 
Additional fees 23. In ovcry countv in which such Chief Constable 
BTOMUi^roMUw shall have been appointed, there shall be paid to the justice 
^IS*cS&bie!* issuing a writ of summons, in addition to the fees now 
required by law, by the party suing in a civil suit, where 
the amount sued for does not exceed twenty dollars, ten 
cents, and where the amount sued for exceeds twenty 
dollars, twenty cents, which shall be taxed as costs in the 
cause ; and every justice of tbe peace shall make a semi- 
annual return under oath, on the first day of June, and the 
first day of December in each year to the County Trea- 
surer, of the names of the plaintiif and defendant in every 
such suit, and the fees paid to the justice under this sec- 
tion during the next preceding half year^ and at the same 
iTothing herein ^1™© p^y ovcr to the Couuty Treasurer the sums to hiok 

contained to pre- qq pai(J, 
Tent other oon- |^»»*v». 

•tobies from 24. Nothing herein contained shall prevent any other 

Moia'd&tiL ^ constable from serving and executing any legal process or 



IITLI rr.] TOWHSBIFS AND OFFIOEBS. 135 

frnm doing any otber acts which before the passing of this Chap. 23. 
Cbapter he could lawfully serve, execute or do. 

25. The Chief Constable shall be entitled to the same iMi. 
fees oD service and execntion of process as kd ordinary 
coDBtable. 

26. No jastice of the peace shall he appointed a Chief iraj.F.obicr 
CoDBtoble. "^"^ 

2T. The Clerk of the Peace shall caase lists of all imh of onaen 
officers Bjijpointed at the Sessions for the several towuships '™**^ 
ordietricts to be posted in at least three of the most public 
places therein within one week from the close of such 
Snuions. 

28. All sach ofBcers, except overseers of the poqr, ooian wna to 
ihall enter apon their dnties on the twentieth day from """ " ''''''*^ 
the Grat day of the sessions; and the old officers shall 

urve up to that time. Overseers of the poor shall take 
office at the time now by law provided for the holding of 
tbe Grst town meeting after their appointment; and their 
predecessors shall discharge their duties of office until 
tbeiL 

29. Surveyors of highways shall be iodemnified by the bi 
county in cases where they may bring actions under the 
written authority of two justices of the peace against 

neglecting or refusing to perform their statute 



pereoi 
hbor. 



U. k\\ town ofScers shall be eligible for re-appoint- omamMMiie 
(ntaiiQiially mid may serve in one or more offices. iSint*''''^' 

31. Surveyors of highways shall make their returns tosDp>^t>not 
^ tta Clerk of tha Peace at least twenty days before tbe^^J^ 
"^ King of the Sessions, under penalty of two dollars for 
h default. 

The justices in session may fix the rate of the J>utio«tofli 
Bty Treasurer's salary, not to exceed five per cent. onSSSiS,'"""''' 
mount of nioneyi received by him, unless the Grand 
_rant an additioaal sum. 

In oases where the duties of town officers are doI^ J^S*^''?^"* 
isfiied by law, the justices in session shall have power miy dMomi^ 
temine the same. 
Persona required to he sworn into office under this torn ot oitti. 
tpler shall take and subscribe the following oath or one 

to the likp etfect : " I, A. B., appointed to be , do swear 

tbtt I will well and faithfully perform the duties of the 
office to the best of my skill and ability" ; which oath 
iball be filed with tho justice administering the same. 

35. For the purposes of this Chapter the words iMinitianiit 
"lownahip'' and " settlement'' shall extend to and include''™*' 
coaoticB or districts, if the context shall reqnire such 
coDilractiou. 



136 impounding cattle — rssheb. [pabt i. 

Chap. 24. 

CHAPTER 24. 

OP PENCB8, FENCE VIEWERS, AND IMPOUNDING OP CATTLE. 

ite«M.how 1. All fences of ODclosed 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. 
Height of fen- 2. Such foucos shall be at least tour feet and a half 
high, except stone walls and picket and board iencea, 
which shall be at least four feet high. 
DuMAMbj 3. If any damage be done by horses, sheep, goats, 

wfaomi«oovex«d. swiuo, or Cattle, breaking into and destroying the prodoot 
of such enclosures, the same being enclosed at the time 
with a sufficient fence in the judgment of the tenoe 
viewer, the owner of the animals trespassing shall pay to 
the party injured the value of such damages. 
Of the apprabe- 4. The damages shall be ascertained by an appraise- 
"**"*' ment of three persons living in the neighbourhood, beiog 

first sworn before a justice truly to value the same, who 
shall be entitled to a fee of twenty-five cents each. 
Dunaftes recoT- 5. If the owuer rofuse to pay the amount appraised and 
oj^ie after no- g^^jj fg^g^ upon uotice thereof, the party injured may main- 
tain an action therefor as for any other debt. 
Partition fenoee, 6. The proprietor of a field adjoining another enclosed 
diftn^o^iiow And improved, shall build and maintain his proportion of 
adjured. fencing on that part of such land which adjoins his own ; 

and in case of neglect so to do, after three days* notice io 
that effect, any fence viewer may forthwith cause aiicb 
deficient 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 re- 
covered by the fence viewer, with costs, as any other debt 
If adjoining proprietors differ as to the part or proportioi) 
of a new division fence to be made by each, the nearest 
fence viewer shall decide the same, 
p^noe viewen* 7. No fouce viewer shall be allowed more than sixty 
SSSS*<rf^u^! cents per day for his own trouble and time ; and for each 
neglect of duty, when notified, he shall forfeit eight dollars. 
obiigationa of 8. Where the owner of land, improved or cultivated, 
adjo^g ^ Bhall have made, or hereafter shall make, his proportion oar 
proved land, ouc-half part of the fence separating his land from the 
improved or cultivated land of the adjoining proprietor, of 
permanent or durable materials or growth, to be deter^ 
mined as hereinafter provided, he shall not, nor shall aoj 
person, olaiming 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 



BlUir.] mPOUNDIKO OATTLB — FEHOHa. 197 

iin, JD CMe of sale or change of occupancy of any part of Obap. 34. 
thekod of the latter, so long as 8nch portion of fenc© of 
tbe kind above mentioned shall be maintained b^ the 
penoa first above referred to or Bome person claimiDg 
Dixler bim. 

i. Any two jasttcee of the peaoe of the oounty in BnndaMror 
wbich the lands referred to lie (due notice in writing for S^^u* ** 
It least three days being first given to the proprietor of 
file adjoining land) may repair to the land and examine the 
fiDce, and pronoonce the same by any instrnmeDt in 
niting under their hands to be made of permanent or 
dnrable materials or growth within the meaning of this 
Chapter, and such instniment in writing shall thereupon be 
deposited with the Clerk of the Peace of the coonty, 
in memorial and as evidence of the matters therein 
iWed. 

10. Any person feeling aggrieved by the decision of Ak">- 
tbsjastices may appeal to the next (general Conrt of 
Setnons for the county, whose decision, affirming or 
nrersing the decision of such justices, shall be final. 

11. Nothing in the three preceding sections contained """-^"^^ 
ilalt be construed to affect the title to the lands on which uiiiOiuiiter. 
the fences are erected. 

12. Mo owner or proprietor of wood, or barren or ummpromt 
nmt lands, not nnder improvements, shall be compelled ifiua t^mcA. 
to make any part of a fence against or on the same. 

13. If any damage shall be done by horses, sheep, cmie, >&. *m- 
pats, Bwine, or cattle breaking into and deatroying the JJ^jJ'^^j;^ 
Vrodnot of any encloenrcs, the persons whose fences have impound^t. 
Meo brokan and enclosures damaged, may impound the 

ciltle BO tretipasaing till tbe owner shall claim the same, 
wd tonder suflicieDt amends. 

14. The poHiidkeeper shall thereupon, as soon as may roaoaitapeft 
1», adverltee the same in tlirae of the most public places ^ " "^ 
U tbe settlement where the trespass has been committed, 

10 order that the pernon injured may proceed against the 
ovDer of Buch animals refufing to pay tbe damages done 
thereby. 

It The owner of such animals shall pay to the pound- ^^ SmJ*" 
fcwpar, above the daraagen adjudged under section fbar,«T. ""'" 
hrsnty cents lor every horso or nead of cattle, and ten 
Mate for every sheep, goat, or swine, for each day the 
•me shall have been impounded, for their support; and 
|8<a#e «f refusal to pay the same within eight days after 
•«[ng impounded, with the charge of advertising, the 
uiBiols sball be publicly sold ; and the proceeds, ^ter 
owpclinc the poniid-keeper'a charge for supporting them, 
*M ihe damages, ahall be paid to tbe owner it he appear 
^^in thirty days ; if not, tlien to the overseers of tho 
9 where the treapaaa woB committed. 



138 DiPOUNDINO CATTLE— PBNCBB. [PABT 1 

Chap. 24. 16. If any person shall rescue any animals from th< 

Fines for reaoue porson driving them to the pound, he shall forfeit to th< 

SSiSrhow re- P^^ty aggrieved four dollars above all damages sustaine< 

^^rowuteS* *^* ^ ^^^ trespass committed by sucb animals ; and if anj 

^ person break any pound or by indirect means deliver anj 

animals therefrom, he shall forfeit twenty dollars to an^ 

person who will sue for the same; which penalty an( 

damages or penalty, as the case may be, shall be sued fo: 

and recovered with costs, as if the same were a privati 

debt, and the penalties for such pound breach, afte; 

deducting anj' expenses of repairing such breach of th< 

pound, shall be paid to the overseers of the poor for thi 

place where the offence shall have been committed. 

Biven. creeks, 17. Such rivors, crecks, bays, harbors, and inlets o 

ediiiwfuifenoesl the sea ouly slmll be deemed lawful fences, as in th< 

judgment of the fence viewers of the township or plac< 

where such lands lie, shall be sufficiently deep and inac 

cessible to prevent the passing of cattle. 

AmMais from 18. If any porsou feel aggrieved by the judgment o 

ie^e^^m. the fonco viewers as to the lawfulness of such last men 

tioned fence, or desire the decision of the Court of Sessioni 

instead, such person may apply to the Sessions, who shal 

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. 

SlSelTf^^' 1^* ^° every case where damage shall be done to the 

broken were euclosed lands of any person by any of the animals herein 

before mentioned breaking the fences enclosing the same 

the owner of such animal shall be liable for the damage i 

that part of the fence broken by such animal were lawful 

although other parts of the enclosing fence may not b< 

lawful. 

o^er liable if 20. The owner of any of the animals hereinbefore 

oattle break bis .. •■, ,. ,, *', ■.... ^ i*i i 

portion of fence, mentioned breaking through a division fence which sucl 
person is bound to repair and keep up, shall be liable fo 
any damage done by such animal upon the land of anothe 
person enclosed or partly enclosed by such division fence 
although the same may not be a lawful fence. 

POTiatyforde- 21. If any person shall destroy or injure any railing 

straying raiUngs, n "^ i x !_• j i J a1_ • J r 

Ac. on Bides of stouo Wall, or feuco of auy kind, placed on the side of an; 
£ridges?]^°^' public square, bridge or causeway, he shall forfeit for eac! 

offence not less than one dollar or more than eight dollars 

in addition to any private damage sustained. 
^o^tot»Je»^y 22. Nothing herein shall be construed to impair th< 
right. right of action under the common law for damages occa 

sioned by horses, sheep, goats, swine or cattle breakini 

into lands. 



thu t.] chitbch 0¥ bnolahd. 139 

Chap. 25. 

TITLE V. 

OP THE SUPPORT OP PUBLIC WORSHIP. 
CHAPTER 25. 

OF THI CHDRCH OP BNGLAND. 

1. No miniBter of the Ohnrch of England slmll officiate uoBowiiteg]' 
u a clergyman of that Church but such as shall be dul; ^^t^ ^ 
licBDsed oy the Bishop, and shall conform to the ordeni 

aod coQBtitution of the Church of England ; whereupon he 
ahsU be iadocted into any parish which may make pre- 
teaUtion of him. 

2. No lioense shall be refused withoat the causes of re-ucmMiiot 
fosal being sigoitied in writing and delivered to the appli- ^^IfULX^' 
cut 

3. The parishes already established shall remain as ?Si|'.'"J?S,'^ 
bentofore ; and when any ohurch shall be erected for «uattint, lUiid- 
divioe service according to the rites of the Church of Bng- [ifi^'',Sl» 
knd, the Bishop of the diocese may allot a district which t<"i^ti«^ 

shall \)e the parish ot such church, and may divide and 
sotHJivide any parish now established or hereafter to be 
allotted; but do parisb shall be divided or subdivided by 
the Bisfaop unless on the application of a majority of the 
psrishioDers of tlio parish proposed to be divided or sub- 
divided, or by a majority of parishioners ezpresBed at any 
public meetiDg of the [tarish called for the consideration 
^ ei SDch a measnre. 

The church wnrdans and parishioners of every parish ^^^^^J^ 
meet anaually on the Monday next after Easter-day, HuuidTstij, 
1 of the hour and place of meeting having been firgt'"^"^' '"*•''■ 
by the rector or officiating minister ; at which meet- 
pen'shionerd shall chooBo two ohurch wardens aud 
vestry men, to whom the clergyman officiating as 
in the parish ahall he added ; and such church- 

..-. 8 and vestry, in all matters connected with the 

Ganrch and persons usually attending its services and 
ndraaocea within their respective pariBhes, shall have the 
Kkfl powers aa they Lave heretofore exercised in this 
FroviDce. 

5. Charchwardens and vestries are hereby constituted SiS^^ 
within their respective parishes bodies corporate, with porpoMiqwd- 
power to sue and be eued, to receive grants of real and 
personal estate for the use of the church and all parish 
^^tfoKtf to improve the same and receive the rents there- 



140 CHURCH OF ENOLAND. [PART L 

Ohap. 25. of for the like use, and witb 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 regalations 
consistent with the laws of the Province for the manage- 
ment of the temporalties of their church and the doe and 
orderly conducting of their affairs. 
toei?^w°oT ' 6- ^^^ parishioners shall consist of pew holders and 
grantiM money; others accustomed to attend upon the services of the 

mode of auess- ,, «• -i* ii •! '3 

meat and ooiieo- church ; and such parishioners who have previously paid 
^^°' up their pew rents and assessments, or the accustomed 

contributions to the church, may, if they think fit, at their 
annual meeting by a majority of those present, grant 
money for the support of their ministers, and all other 
expenses which shall be required for the payment of such 
officers as may be found necessarj'^, and for repairs and 
other services^ which shall be assessed by the charoh- 
wardens and vestry in just proportions upon such 
parishioners, being persons usually attending the ser^ces 
and ordinances of the church, according to their respective 
abih'ties, 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 annum 
meeting shall appoint three of their number, by whom the 
churchwardens and vestry shall be assessed. 
^SJ^'wdlSl '^- The churchwardens and vestry shall have power to 
toy over awew- abate auy individual assessment if it should appear on- 

mentfl 

equal, and to compromise the same for prompt payment 
or otherwise, as it may be for the interest of the churchi 
without affecting the general rate. 
iiMtinfffdrinui- 8. The churchwardeus and vestry may meet for the 
bow'o^lS^^ transaction of business as often as occasion may reqnire ; 
and the churchwardens, vestry and parishioners, may 
assemble for all business connected with the parish, except 
the choice of officers or making assessments, as often as 
it may be considered necessary, either upon the applio9- 
tion of the rector, the churchwardens, or the parishionerSi 
provided that ten at least of the latter sign a requisition 
to that effect, notice of such meeting and of the businest 
to be transacted thereat having been given by the mintstet 
of the parish during divine service in the church on some 
Sunday at least three days previously. 
GhorahwaMens 9. lu caso of rcfusal to act by persons nominated is 
ik^t!t^ te churchwardens and vestry, the parishioners shall prooeed 
Appointed. iq nominate others in their place until a sufficient nambet 
shall accept office. 



niLB T.j BEUCIODS OONaBBOATtOHS. 14 

10. No oonveyanca by lease or otherwiae of any par- Chap. 26. 
KUge or glebe held by a miniBtar of the Church of aiA.i...,i;^ 
&gland ^ajl be valid for a longer period than his owa •^''^ « i™"!- 
iDcnmbency, qdIobb with the concarreace of the chorch- 
nrdeoB aud veatry expreaBed io writing under their com- 

BioD seal, and ia no oane for a longer period than twenty- 
one years ; but with the concurrenoe of the Bishop, the 
rector, and the cbnrchwardeoB and vestry, abaolate sale 
may be made of any glebe lands or other real estate 
beumgingto the parish, if the same be thought for the 
iDtereata of the clmrcb. 

11. The Lord Bishop of Xora Scotia may grant a iri«ai«nnniB. 
license to officiate as a clergyman of the Churoh of England tar^ eimir- 
ia this Province, to any pemoo who shall have bean ad- """■ 
mitted to tiie order of priest or deacon by any Bishop of 

the Protestant Episcopal Churoh in the United States of 
AiMtiGa, anything in the Act of the Imperial Parliament 
of tbe twenty-sixth year of his late Majesty King Qeorge 
the Third, Chapter eighty-four, to the contrary ootwith- 
standiug. 



CHAPTER 26. 

0? RELIOIOOS C0N0Bi:OATION3 AMD SOCIBnES. 

1. When any number of persons not less than twenty, oongi^dom 
capable of contmctiiig, desire to form themselves into aJ^JUJJi^,^' 
, coufre^tioD of Christiana for the pablio worahip of God »*her DKticntai. 
^•"ording to thoir peculiar rites and ceremonieB, they may, ^"' 
*wd by them executed in the presence of two or more 
Wees which shull be recorded in a book kept for that 
He, constitute tliemoalves such congr^ation, and 
_ I a suitable name therefor, and declare the place where 
the same is established aod the particular denomination of 
L CWif^ua with whose doctrinea sach congregation is con- 
~ * *; and they may name two or more persons of the 
jfttion to be trustees thereof and give tbem a name 
B| and describe in such deed by bounds the parti- 
stBatioa of M lands oonveyed to or io trnst for the 
' B Wg Wgation for all purposes connected therewith : and 
^Bf niyr also set forth in such deed the constitution of 
iW ODDgrention, the mode ot admission of future mem- 
butfl, by wuom (be right of voting at meetiags shall be 
eiiji.^ed, how the votes .'^Imll be ascertained and given, the 
m&Deor in which vacancies in the trust ahall be supplied, 
LBlBUJuAbaululJf i/J^z-d as the/ may think proper. 



142 



REUGIOUS C0NGBBGATI0K8 



[PART I. 



Chap. 26. 

Deed to be regis- 
tered; property 
how vested. 



Trustees to sue 
and be sued. 



Amoant of real 
and personal . 
tate to be held. 



Meetings how 
held; bye-laws 
may be made 
thereat; proceed- 
ings to be re 
corded. 



2. The deed shall be duly registered in the office of the 
Registrar of Deeds for the cooQty or district where the 
congregation is estabh'shed ; 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 con- 
gregation, and after the death or removal of any i^rustee 
or his becoming incapable to act shall vest in the succeed* 
ing trustees subject to the same trusts without any assign- 
ment or conveyance 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. 

3. Such trustees in all cases concerning the real and 
personal estate of the congregation may sue and be sued 
by their name of office ; and 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 moneys 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. 

4. Every congregation established under these pro* 
visions may hold, in the name of their trustees, real estate 
not exceeding the yearly value of eight thousand dollars 
and personal property not exceeding in the whole at any 
one time forty thousand dollars ; and may use and dispose 
of such real and personal estate as the congregation shall 
deem expedient. 

5. The members of every such congregation may meet 
when thej^ shall think proper, and at such meetings by the 
votes of the majority of the members present may make 
and put in execution such regulations, not being contrary 
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 
may change such regulations 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 for the time being, and manage and superin- 
tend the affairs of the congregation ; the time and place of 
meeting shall be duly notined as prescribed by rules there- 
for ; 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 cfaairmaii 
and clerk of the meeting, and proof of such entry so siffoed 
shall be deemed sufficient evidence of such prooeediDg8| 
and of the regularity of the meeting. 



miB r.] BEUOIOdS OOKGREGATIOITS. 143 

6. Ever; perron admitted a member of the coagrega* Chap. 26. 
tion after the registry of the deed shall execate the same ^^^^ji^^JI — 
io the presence of two witoeaaes before he shall be deemed >k>» nsakted. 

a member. 

7. All real estate which at the formation of any congre- soIhom hm 
gstioQ nnder this Chapter ahall be held therefor hy aoy J^'JSf^'^. 
tmsteea not appointed nnder any act or deed of incorp'ora- ^^^if""* 
tion, shall, by such trustees or their snrvivors, or by auch 

of them as then remain in this Province, be conveyed to 
the new trustees named io the deed by their name of oiBce; 
and, Dpon the conveyaace being made and registered, all 
the estate and interest of the original trustees or tlie sur- 
vivors of them and thair heirs, shall be vested in the new 
tm^tees to the use of the congregation as effectually aa if 
til the original trustees had joined in the conveyance. 

8. Any religious aociety or congregation incorporated yr<nUantm 
by special act of incorporation, or by deed under the provi- ^tion^oc^or- 
sioniof the act heretofore in force for such purpose, may f^^^S^ 
tni themselves of the provisions of this Chapter ; pro- ^"^Xr*^ 
rided the parties executing the deed comprise two-thirda 
•tleast of the momhers of the former corporation who at 
the time form a part of the congregation, and also two- 
thirds at least of the persons actually exercising the funo- 
tioa.4 of trustees by their individual names as such trus- 
tees; snd, upon the new deed being registered, the former 
act or deed of incorporation shall from thenceforth cease 
to be iu operation, and the property held thereunder ahall 
vest in the new trustees in accordance with the terma of 
^edeed; but nothing bereio contained shall affect the 

. lity of any proceediuga regularly had under the former 

jnordeedof incorpomtioa. 

the vote of the majority of the members of any HoiiesuMihow 
igation present at any regular meeting of the congre- g|''" •"•p™* 
the truBtee>4 for the time being shall sell, mortgage, 

■l or convey any real estate of the congregation for 
r.Mtate, and on such terms as the meeting shall direct; 
every couveyunce tlieieof executed by the truatees 
ior the time being, and signed by the chairman of the 
Bweting which shiill order 9ucb disposal, shall bo valid in 
lav to convey eucii estnto in the lands therein described. 

10. Wiienevcr the congregation using any building for b^k or tmiidiDg 
the purpose of public worsbip may wish to dispose thereof J^i^p^^"* 
iHi account of the same having become dilapidated or 
otiieTwi»e, and shall not liave legal power to do so, the 
preprietorrt of such building at a meeting held for the 
parnose, after public notii'a thereof given in at least three 
of tlie most public places within the settlement wherein 
At building is situate, at least ten days previously, may 
by h vote of three-fifths of the proprietors present at sach 



144 



RBLTGIOUS C0NGBEaATI01l& 



[PABT ] 



FroTiao. 



When wted in 
tnutaet. 



Chap. 26. meeting, appoint a committee of three of their namber U 

make sale of snoh bailding'; and the committee shall se 

the same conformably to the instructions given at th 
meeting, and cause the removal thereof, and shall appl, 
the proceeds of the sale as directed by the meeting ; bu 
no meeting shall be valid for such purpose unless a majorit; 
of the proprietors are present. 

1 1. Id case the building shall be vested in trustees wb 
shall not have legal power to sell the building, the sam< 
may be disposed of by a meeting of the persons for whosi 
benefit such building is held, called and constituted ai 
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 th< 
building and apply the proceeds. 
Sato of land not 12. Nothing herein shall authorize the sale of the Ian< 
auiboiiud. qq which any building so to be disposed of shall b< 

situated. 

oiergymenor 13. Under the Order of any such meeting, or of a meet 

JJh^^J^d. ing of the church members, when by the provisions of th« 

deed of constitution or by the regulations of the congre 

gation the choice of a minister shall be vested in tb( 

church members, the trustees may enter into agreementi 

in writing with any clergyman or minister whom tb< 

congregation or church shall appoint to their spiritual 

charge, for such period and salary as shall be agreed 

upon. 

Affreement to be 14. The trustees having agreed with any minister oi 

^Sfoif b^ks. clergyman, shall without delay cause the agreement to be 

entered at length in the books of the congregation. 
Ponds how pro- ^5. The trustces for the time being, by the vote of the 
ji^s^ino^of majority of the members of the congregation at any such 
meet engage- meeting, shall, in cases where the funds at their disposal 
niente. ^^ inadequate to the discharge of the claims upon 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 respec- 
tive surviving and solvent members of the congregatioa, 
or the representatives of deceased members liable to suoh 
payment. 

16. Any religious society incorporated by act of this 
Province or constituted by deed under the provisions of 
this Chapter, may at any regular meeting held in accord* 
ance with their act of incorporation or deed of constitutioB 
alter or amend their constitution or bye*laws; but the 
constitution shall not be altered unless two-thirds of the 
members present at any general meeting concur in suoh 
alteration » 



Society mav 
alter oonstftn- 
tlon. 



L 



TRLB T.] BBLIOIODS CONGFBEOATtONS. 145 

n. Adj reli^ous society or congregation not inoor- Chap. 26. 
porated or conatitoted by deed under ttiis Chapter may, at Kodeiioomti- 



aoy meeting of the congregation held in puranance of a ti»i'« •«'«>)'- 
Dotice stating the object of aucb meeting given at their 
mnal place ol holding public worship during divine service 
either by verbal annonncement to the congregation, or by 
posting the same on the door of Buch place of worship for 
three Sandays preceding such meeting, proceed to appoint 
■ ch&irman and secretary; and may, upon the vote of two- 
thirds of the male members of the congregation and of 
idhereDts, actnally contributing to the funds thereof, above 
twenty-one years of age actually present, proceed to the 
■doption of^a declaration by resolution or otherwise, to 
theeSect that they constitute themselves a religious con- 
^gatioD or society; and may, at any such "leeting, or jj^ii^pt^ 
lojBabsequent meeting called in the same manner, pro- b^Umud 
ceed by the majority of votes to the adoption of such per- ■pp°*""™*™- 
fflanent constitution and bye-laws not inconsistent with the 
Ws of this Province as they shall consider necessary, 
ud may appoint trustees and such other office-bearers as 
(bej shall see fit and define their powers and duties, and 
my regulate the terms of membership in the society or 
congregation. ^ 

IS, The real and personal estate of the society or con- stuu mtei in 
gregation shall be vested in such persons as shall be duly '™''*°*' 
appointed trustees thereof by resolution of such taeetiog, ' 
recorded in the books of the congregation, during their 
continaance in office. 

19. The officers appointed from time to time by the ^o^va. p*v>n 
ccugregation or nociety shall be invested with all such ' 

k jMffera for the holding and transference of the property 
w ud DiunugomeDt of the business of the congregation or 
" nciety as shall bo conferred upon them by the constitn- 
tioD. 

20. The constitution oi the society may be altered by J™*^^*'^'* 
the Tote of two-third.9 of the members present at any 
Beeting of the cungreg^ition or society duly called as 
hereinbefore merjtioned. All other business of the society 

not delegated to the office-bearers thareot shall be trans- 
scted by tho votes of the majority of mepbers present at 
•nj such regular muetiug. 

!1. Any religious aociaty or congregation of Christians ProMjangitor 
Ootdnly incorporated or constituted under this Cbapter, SL ' 

or, if io incorporated or constituted, not huving power to 
diipoiie of its place of worship for the purpose of erecting 
atiitw plnce of worxliip, may at any regular meeting of 
thsiociety or congregation, by resolntion of the majority 
ol two-tliirds of the niumbers present, anthorize such per- 
tontw they may appoint for the purpose to sell or other- 



146 BELIOIOUS CONOREOATIOHB. [PABT I. 

Chap. 26. ^i^^ dispose of the place of worship of the societj or 

coDgregation in such manner as the meeting shall appoint ; 

and a sale thereof under the authority of such resolution 
shall be valid and effectual ; provided such resolution and 
authority in writing are duly recorded in the county or 
district registry of deeds, 
spisoopaioor. 22. Any episcopal corporation sole holding real estate 
SSulKaTestoL in trust for any religious denomination in this Province, 
may dispose of the same by deed executed by him and any 
three ordained clergymen of the denomination to which 
he belongs and residing within the diocese. 
App^tanentof 23. lu cases wherc real estate has been, or shall here- 
after be, conveyed in trust for erecting thereon houses for 
public worship, or dwelling or other houses or buildings 
intended for the accommodation of ministers of the Oospel 
or clergymen officiating or engaeed to officiate for any 
church or congregation of Christians, and the mode of 
appointing new or other trustees than the grantees is pro- 
vided for in the deed of conveyance creating such trust, 
or otherwise in writing ; when a vacancy shall occur by 
reason of the death, removal, resignation or displacement 
of any trustee, it shall not be held necessary that the 
remaining or surviving trustee or trustees, it any, shall 
make or shall have made any deed or conveyance to the 
newly-appointed trustee, in order to invest him with the 
estato, functions, trusts and powers of the original trustees 
under such deed or declaration of trust or instrument in 
writing creating such trust and directing the appointment 
ot future or succeeding trustees ; but such newly-appointed 
trustee shall thereupon, without deed or other conveyance, 
be seised in fee or other estate to the uses and trusts 
created, as fully and completely as^were the original gran- 
tees: Provided that the terms or conditions for such 
appointment are duly complied with. 
Not to affect 24. Nothing herein contained shall affect any of the 

Bn^S^d! provisions of the Chapter " Of the Church of England,*' 
nor shall interfere with the spiritual government and dis- 
cipline of any church further than may be provided for in 
the deed or declaration under which the society or con- 
gregation is constituted. 



mu T.] BBTAma or Hsmm HOtraES. 147 

Chap. 27. 
CHAPTER 27. 

OF ASSESSHEIITS FOB BEPAIBS OF UEEnMG HOUSES. 

I. When funds are reqnired for repairing, finishing, or itepainor 
paJDliiig any meeting-bouse or chnrch, the proprietors ^J^^')S^ 
ibereof, at a pablio meeting whereof notice shall have »™™«wnt. 
beeo previously given during the time of divine service at 
sncli meettDg-honse or chnrch, on three several Sundays, 
DUf by vote of three-fifths of the proprietors present at 
iBcb meeting, declare what repairs are necessary and the 
uoDDt required therefor, and may also nominate three or 
nore porsoDS a committee to assess and apportion the sum 
to voted on the several pews of the meeting-house or 
cbsrch, according to the relative size and value of such 
pewg, at an equitable rate ; of which assessment aud appor- 
tiomneot public uotice shall be given by posting np the 
nneinsome conopicnous place in the meeting-hoaae or 
cborch, and also on the door thereof for three successive 
Snodaye on which divine service shall be performed there- 
at, next after the making thereof. 

1 If after sioh notice the persons interested in any of whereum. 
thepewa shall not pay the sums assessed on snch pewa^^'^v'b«lM 
witiiia three months thereafter, the committee, af^er notice u^J. "^ 
baTiDg been given on the previous Sunday immediately 
alter divine service, may proceed to let such pews at 
auction for sach period, not exceeding ten years, as may 
^loficient to pay the sum so asseseed thereon respec- 
tively; or th^y may on giving the like notice let such 
pews from year to year antil the rate or asseasment be 
inliy paid, eo that such letting shall not extend beyond the 
(arm of ten years, 

3. Thi) peraoDs who shall so lease the pews shall be Po»e»ion, how 
fotin possession thereof by the committee, and shall have m^'mS?"*" 
tiM exclusive occupation thereof daring the term of their JJ^"'"™^ 
hut; and the committee may sue for and recover the 
NBt, and shall have power to hold or occupy such pews, 
Wdto eject any person illegally in possession thereof. 

i. If ihe money arising from the leasing of the pews FartheruKK*- 
ditll not amount to the asseBsment thereon, the committee ""^^ 
■Uf make a new ae^essment in the same way as the 
eriginal amount is hereby directed to be assessed. 

S. Nothing in this Chapter shall extend to any churoh '^^*^^*° 
erciinpel belonging to or connected with the Church of 'iuucoWsk* 
BngUnd, or to any meeting-house belonging solely to the'"'*"** 
denoiaiiiation of Christians called Wesleyao Methodists. 



148 MEDICINE AND SDBOEBY* [PABT L 

Chap. 28. 

TITLE VI. 

OP THE PUBLIC HEALTH. 



CHAPTER 28 

OF PRACTITIONERS IN MEDICINE AND SURGERY. 

Ftorinciai !• The Provincial Medical Board shall continue ta 

STt^Siatttotod. ^Jonsidt ot nine regularly qualified medical practitioners, qf 
not less than seven years standing, five nominated and 
appointed by the Governor in Council and four by the 
Nova Scotia Medical Society; of which Board any five 
shall be a quorum for the purpose of carrying out the 
provisions of this Chapter. 
Filling of raoan- 2. Evcry vacancy in such Board, whether caused by 
ci98 In board. Joath, resignation, removal from office or otherwise, shw 
be filled up by the body or authority who shall have 
nominated and appointed the person causing such vacancy, 
with as little delay as possible ; so that, as far as practi- 
cable, the Board shall always consist of nine members, 
five appointed by the Governor in Council, and four by 
the Nova Scotia Medical Society. In case of the dissolu- 
tion of such Society or their neglect or refusal to fill up a 
vacancy, which they are empowered and directed by this 
section to supply, within three months after such vacaocy 
shall have been caused, the remaining members of the 
Provincial Medical Board shall nominate and appoint a 
properly qualified person to fill such vacancy, in the place 
and stead of the Nova Scotia Medical Society. In case of 
a similar neglect or refusal on the part of the Governor in 
Council, the Board shall have and exercise the like power. 
Prov-uo. Provided, that no person shall be capable of being appointed 

to such Board who shall not have the qualifications pre- 
scribed in the last preceding section for the first nine 
members of the Board. 
Appointment of 3. The Provincial Medical Board, or a majority of the 
Becretary. members composing the same, shall appoint from time to 
time a regularly qualified medical practitioner resident at 
Halifax to act as Secretary of the Board, who shall attend 
the meetings of the Board, and keep a record of the pro* 
ceedings of the same in a book or books, to be by him 
provided for that purpose, together with all such matters 
and things as to the Board shall appertain. 



imx TiO UDicim Am suboert. i 

4. The Secretary Bhall also be the Registrar of the Chap 28. 
Provincial Medical Board, and shall be paid snch salary, 



viiiuiKi mDUiuai uunru, niiu buoii uo ^iu buiju '■■""f Jj g^nirtirv lobe 

of the moBflys to be reoeived as hereinafter provided, !Jw Wigu- 
89 the Board shall, with the approval of the Governor in u^^?ir(U. 
CooDcil, datermine. ""■ 

5. The Registrar of t}ta Board shall, before the first day pnbUoaKini of 
of Mhv in every year, cansa to be printed and published ia ^^Jc^JIJfrf 
tba i^po^ Gaxetie of this Province, and in such '^'ber*^^^^ 
man Her as the Board shall appoint, a correct register ofurvidmo-iiou 
tbe names in alphabetical order acci>rding to the BnrDames. ^^^I^^n'*^ 
with the reapective residences {in the form sot forth '"SSSmST tof 
Schedule A to this Chapter, or to the like effect) and 
■nedical titles, diplomas, and qualifications conferred by , 
tay college or body vrith the dates thereof of all persons 
tppearing on the register as existing on the first day of 
Jaonary in such year ; and such register bIsU be called 
"The Medical Register ;'' aud a copy of snch register for 
the time being, purporting to be so printed and published 
a« aforesaid, sball be prima facie evidence in all courts 
tad hefore-all justices of thu peace and others that the 
persons therein specified are registered according to the 
provigioDB ot this Chapter; and the absence of the name 
vfany pereon from snch copy ahall be prima facie evi- 
dence that snch person is not registered according to the 
provisions of this Chapter. Provided always, that in the PnviM. 
cue of any person whose name doHs not appear in snch 
<x)p7, a certified copy, under the hand of the Registrar of 
tlie Board, of the entry of the name of such person on the 
t*gwteT, sball be evidence that such person is registered 
nader the provisions of (his Chapter. 

t Hereafter no per^ton shall begin or enter upon the mombiir; u- 
<hnJyof physic, surgery, or midwifery, for the purpose of" 
^oalilying himseti to priictise the same in this Province, 
Ulase he shall have obtained from the Provincial Medical 
Board a certificate that he has satisfactorily passed a 
BUricnIation or preiiminary examination io the subjects 
ipteiGed in Schedule B to this Chapter. 

1. No candidate ehal! be admitted to snch matriculation ^"^""iS^'" 
orpreiiminary examination unless he shall have at least ^miutum. 
fbarteoii days previous to such examination given notice to 
thi SegiNtnir of the Board of his intention to present him- 
ttlf fur such examination, and transmitted to the Registrar 
■ certificate showing that he has completed his sixteenth 
^r: and shall before the examination have paid a fee of 
nBOollftre to tbe Registrar. 

9. 8abj«cC to the excdptions hereinafter made no per- Frwutiowir^i 
wo shall practise physio, surgery or midwifery in Nova mund'onreg- 
iicotia,un)e«s his name shall be registered in the book of j^^^'^^^;,^, 
'egitlrjr pi tUe Provinciivl Medical Boards and wiless he Bball 
_._._ M - _j^ Board a licenge to practise. 



150 HE0ICINB AND SURGEBr. [P]1HT F. 

Chap. 28. 9* No person shall be entitled to have bie name en* 
QuaUfioation for tered on the register of the Provincial Medical Board, or 
SS'^Mtatw'hiB* to receive a license to practise from such Board onless h^ 
name tod pro- shall satisfj tho Board that he has passed the matriculation 
^^Si^^^ or preliminary examination ; tl>at after passing such exam- 
ination he has followed his studies during a period of not 
less than four years, (one of which n>ay be under the 
direction of one or more general practitioners duly li- 
censed) ; that during si\ch four years he has attended at 
some University, College, or Incorporated School of Medi- 
cine in good standing courses of lectures amounting 
together to not loss than twelve months, on gener^ 
Anatomy, on practical Anatomy, on Surgery, on the 
Practice of Medicine, on Midwifery, on Chemistry, od 
Materia Medica, and Pharmacy, and on the Institutes of 
Medicine or Physiology^ and one throe months* course of 
Medical Jurisprudence ; that he has attended the general 
practice of an Hospital, in which there are contained not 
less than fifty beds under the charge of not less than two 
Physicians or Surgeons, for a period not less than one 
year, or two periods of not less than six months each ; that 
he has also attended two three months' courses, or one six 
months' course, of Clinical Medicine, and the same of 
Clinical Surgery; that he has, after examination in the sub-^ 
jects of tho course, obtained a degree or diploma from 
such University, College or Incorporated Medical School; 
or for want of such degree or diploma, that he has satis- 
factorily passed an examination in the various branchea 
hereinbefore specified before examiners to be appointed 
by tho Provincial Medical Board ; that he is not less than 
twenty-one years of age; and that lie has paid to the 
Proviso. Begistrar of the Board a fee of ten dollars. Provided 

that the Provincial Medical Board shall have power, sub- 
ject to the approval of the Governor in Council, to make 
such alterations in the foregoing curriculum as may from 
time to time be required, 
last preotding 10. The laRt preceding section shall not apply to any 
Iwiy°inoeruin porsou in actual practice, and duly registered under the 
provisions of Chapter 56 of the Revised Statutes, Third 
Series, who shall be entitled to be registered and to receive 
a license to practise under this Chapter without payment 
of any fee: and, notwithstanding the provisions of snob 
section, any person upon producing to the Provincial 
Medical Board conclusive evidence, that he has passed 
a Matriculation or Preliminary Examination such as ia 
required by this Chapter for persons beginning their 
medical studies in Nova Scotia : that he has, before 
graduating or taking a diploma, studied for at least four 
years in the manner previded in section 9 of this Chapteri^ 



cases. 



TITU YT.] KEDIOISE AND SUBOBBT. 161 

or parsaed what the Board shall daem an equivalent conrae Chap. 28. 

of stady ; aod haa pasaed a final examiaatioD id the sabjects ~ 

of BQch course; or, ior want of any of suoh requisites 
sboU have fulfilled such couditioDs as the Board may 
determiDe; and shall pay a fee often dollars; shall be entitled 
to be regiatered and to receive a liceuse to practise. 

11. Notwithstanding anything to the contrary herein Hodsot mour 
oODtained, any person who shall nave regolarly began bis ^^kuu hi^ 
medical stodias in this Province before the first day ofS^SSftStot* 
Hay, 1872, shall be entitled to be registered and receive a Kay. un. 
Itceose to practise, upon paying a fee of five dollars and 
complying strictly with tne provtsions of Chapter 56 of 
the Revised Statutes, Third Series, " Of Regulations con- 
ceruing the Practice of Physic and Surgery: ' Provided, twitaa. 
thatsacb person shall apply tor such license and registra- 
tioD before the first day of July, A. D. 1876, after wbicb 
date this Section shall cease and determine. 

12. The Provincial Medical Board shall have power and roirmuid 
it sball be their duty : - JiE^ii^i 

l". To elect a President and such other ofBcers, includ- **^' 
iDg the Secretary and Registrar hereinbefore provided for, 
u may be necessary to the working of this Chapter : 

2°. To regulate tbe study oE Medicine, Surgery and 
Midwifery ; by making rules not incouaisteut with this 
Cbtpter, with regard to tbe preliminary qualification, 
coarse of study to be followed, the final examination, and 
the nature of the evidence to be produced before tbe 
Board upon these subjects: 

3°. To appoint fit and proper persons to conduct the 
preliminary or matriculation examination ; to decide upon 
the times for holdiag such examination; and to fix the 
lemuaeratioD, ii any, to be paid to such examiners: 
'". To examine all degrees, diplomas, licenses, and 
ir credentials preEentedor given in evidence under 
L Chapter, lor the purpose of enabling the owner to 
. etise in Nova Scotiii ; and to oblige the owner of such 
nedentinU to attest on oath or by affidavit that he is the 
peruu whose name is mentioned therein, and that he 
Wamepo^ messed thereof honestly : 

To cause every member ot tbe profession practi- 
sing in Nova Scotia to enregister his name, age, place of 
rmidence, place of nativity, tbe date of his license or 
diploaia. and the place where heobtnined it, in tbe register 
of th, - ■ 



L 



the Board : 

C. To make orders, regulations, and bye-laws for 
r«gQle.ting the registers to. be kept under this Chapter : 

i"- To make all such rules, regulations, and bye-laws 
tor carrying this Chapter into effect as to the Board shall 
*f^ J^a^f or necessary ; which rules, regulations and 



152 



MEDICINE AND SXTBOERT. 



[PART I. 



Chap. 28. 



Bules to remain 
in force. 



Meetings. 



Mon^B. 



Dnt^of the 
Begutrar. 



Peraona entitled, 
bat neglecting to 
be registered. 



FerM>ns adopt- 
ing, or ref oung 
to adopt the 
practice of any 
partioolar theory 
of medietas. 



bye-Iaw8 ehall not be inconsisteDt wifcb tbis Chapter ; and 
may be diBallowed by the Governor in Council : 

8^. To appoint as many medical examiners, to hold 
final examinations when necessary, as the Board shall 
deem proper: such examiners to be regularly qualified 
practitioners of not less than five years' professional 
standing and three years' residence in this Province. 
Members of the Provincial Medical Board may be ap- 
pointed as such examiners. 

13. The rules and regulations (if any) as to the times 
and places of the meetings of the Board and the mode of 
summoning the same already made by the Board shall 
remain in force until altered at any subsequent meeting. 
In the absence of any rule or regulation as to the sum- 
moning of future meetings of the Board, it shall be lawful 
for the President thereof to summon the same at such time 
and place as to him shall seem fit, by circular letter to be 
mailed to each member ; provided always, that at least ten 
days notice of such meeting shall be given. In the event 
of the absence of the President from any meeting some 
other member, to be chosen from among the members 
present, shall act as President. All acts of the Board shall 
be decided by the majority of the members present, the 
whole number not being less than five. At all meetings 
the President for the time being shall have a casting vote 
only. 

14. All moneys forming part of the funds of the Board 
shall be paid to the Ti-easurer, and shall be applied to 
carrying this Chapter into execution. 

15. It shall be the duty of the Registrar to keep his 
register correct, in accordance with the provisions of this 
Chapter, and the rules, orders and regulations of the Pro^ 
vincial Medical Board, and to erase the names of all 
registered persons who shall have died, loft the Province 
without any intention of returning, or ceased to practise 
for a period of five years ; and he shall from time to time 
make the necessary alterations in the address or qualifica- 
tions of the persons registered under this Chapter. Pro- 
vided always, that the name of any person erased from the 
register shall be restored by order of the Board, upon 
sufficient cause duly shown to that efiect. 

16. Any person entitled to bo registered under this 
Chapter, but who shall neglect or omit to be so registered, 
shall not be entitled to any of the rights or privileges 
conferred by the provisions of this Chapter, so long as 
such neglect or omission shall continue. 

17. No person, otherwise fully qualified under this 
Chapter, shall be refused registration or a license to prao* 
tise on account of his adopting or refusing to adopt the 



tule tl} uDtcnti and sobobbt. IBI 

fractice of aoy particular theory of medicine or eargery. Chap. 28. 
D case of Boch refusal by the Board, the party aggrieved 

shall have the right to appeal to the Governor in Couocil, 
who, npoQ dae canse shonn, shall issue aa order to the 
Board to register the name of such person and to grant 
him a license to practise. 

18. No qualification shftll be entered on the Register, QoiUflntioa, 
either on the first registration, or by way of addition to a Iri"i!S^ 
registered name, nnless the Registrar sballbe satisSed, by 
the proper evidence, that the person claiming is entitled 
to it ; and any appeal from the decision of the Registrar 
maybe decided by the Board ; and any entry which shall FnadDioot 
be proved to the satisfaction of the Board to have been aSa!^ '" 
fnadulently or incorrectly made, may be era?ed from the 
Bagister, by order in writing of the Board. 

19. Any registered medical practitioner who shall have ? 
been convicted of any felony in any Court, or shall after t, 
due inquiry be judged by the Board to have been guilty 
ol infamous coodnct in any professional respect, shall 
thersby forfeit his right to registration; and by the direc- 
tion of the Provincial Medical Board his name shall bo 
ersBed from the register. 

30. Every person registered under this Chapter who prkhu obtain- 
vaj bare obtained any higher degree or qaalification l/l|,''^^ttaM 
other than the qualification in respect of which he may "si^ered. 
have been registered, shall be entitled to have such higher 
degree or adaitionBl quftlification inserted in the register 
io Bobstitntion for or in addition to the qualification pre- 
Tionaly registered, on Ibe payment of such fee as the 
Board may appoint, 
SI. Every person who shall be registered under the F«nou t(«i*- 
rovjsions of this Chapter shall be entitled according to l^uiTnmTOi 
'i qualification or qualifications to practise Medicine, '°^"'■''■ 

rgery, and Midwifery, or either or any of them, as the 
. e may be, in Nova Scotia, and to demand and recover 
i-BDy court of law reasonable charges for professional 
«d, advice and visits, and the cost of any medicine or 
otlwr medical or surgical appliances rendered or supplied 
hylrim tu his patients. 

21 No person shall be entitled to recover any charge Powmanot 
in any court of law for any medical or surgical advice, or J^'^S^bt""" 
fcr attendance, or for tha performance of any operation, '*»w«- 
or for any medicine which he shall have both prescribed 
aod supplied, unless lie shall prove upon the trial that he 
i* registered under this Chapter. 

23. The words " legally qualified medical practitioner," ^t^muUMurf 
w'dnly qualified medical practitioner,'' or any other '"«™'- 
vords importing a person recognized by law as a medical 
pncUtioDsr Of member of the medical professioD, when 



154 MSDICINB AND SUBOBBY. [PABT I. 

Chap. 28. ^^^ in any Act of the Legislature, or legal or public doo- 

ument, shall be construed to mean a person registered 

under this Chapter. 
Ko ope to be 24. No Dorson shall be appointed as medical oflScer. 

appointed publio i-. * . tin-i if • 

medioai offioer physician or surgcou m any branch of the public service, or 
JSS? "^ ^n any hospital or other charitable institution, unless he be 

registered under the provisions of this Chapter, 
oertifloatenot 25. No Certificate required by any Act now in force or 
penonri^g i« that may hereafter be passed, from any physician or surgeon 
*^*8*«t««d. Qj. medical practitioner shall be valid, unless the person 

signing the same shall be registered under this Chapter. 
Penalty forper- 26. If any porsou uot registered or licensed under the 
who £S^»^. provisions of this Chapter, or notibeing actually employed 
*«*«*<*• as a physician or surgeon in Her Majesty's naval or mili- 

tary service, practises Physic, Surgery, or Midwifery for 
hire, gain or hope of reward, he shall thereby forfeit a sum 
of twenty dollars for each day on which he so practises. 
Sum forfeited 27. Any sum forfeited uudor the next preceding sec- 
Sltiwi^mSy'bS'' tion shall be recoverable with costs, and may be sued for 
JJJ^'^'jJj *J^« and recovered in the same manner as a private debt, by 
vatedebt. the Provincial Medical Board or any member thereof; and 
being recovered, shall belong to the Board for the use 
thereof under this Chapter. Provided that, where the 
information leading to such recovery shall have been given 
by any person unconnected with the medical professioDi 
such person shall be entitled to receive one-half of the 
sum BO recovered. 
Defendant must 28. Upou the trial of such causo, the burden of proof 
practi^?*'*^ as to the license or right of the defendant to practise Phy- 
sic, Surgery or Midwifery in Nova Scotia, shall lie upon 
the defendant. 
tar^Jtaf*** 29. If the Registrar make or cause to be made any 
making false wilful falsification in any matters relating to the register, 
^^* he shall forfeit a sum not less than one hundred dollars, to 

be recovered as hereinbefore provided as to persons prac- 
tising illegally. 
Fine for person 30. If any porsou shall wilfully procure or attempt to 
attempungto procuro himsclf to be registered under this Chapter, by 
to^toiJ^T^ making or producing or causing to be made or produced 
registered. a^y folsB OT fraudulent representation or declaration either 
verbally or in writing ; every such person so doing and 
every person knowingly aiding and assisting him therein 
shall forfeit and pay a sum not less than one hundred dol- 
lars, to be recovered as a private debt as hereinbefore 
provided. 
Fine for person 3L Auv porsou who shall wilfully and falsely pretend 
tag^SbiSS^' to be or take or use any name, title, addition or description 
^'^'^ implying that he is registered under this Chapter, shall 

forfeit and pay a sum not exceeding one hundred dollars, 



IITLB TI.] IRDIOIKK IHD aUBOERT. }S& 

to bo Baed for, recovered, and appropriated aa provided in Chap. 28, 
section 27. 



32. No sait shall be commeaoed under tbis Cbapter somitattm 
after one jear from the date of the offanoe or oaaae of '"'^™'- 
actioD. 

33. Nothing in tbia Cbapter shall prevent any oompe- imuiMmw 
tent female trom practising midwifery in Nova Scotiit ; 53^ "* 
except that any such female must satisfy the Provincial p,^,|^ ^ 
lledical Board of her competency, and obtain a oertificate dtrot HaUfu. 
from the Kegistrar to that effeot, before she oan lawfally 

practise as aforesaid in the City of Halifax. 

34. Nothing in thia Chapter shall prevent any person tmi oiui>t«DM 
trom giving necessary medicul or surgical aid or attend- ^j^TSJini'' 
snce to any one in urgent need of it; provided, that such ^JSjobh^^ 
aid or attendance is not given tor hire or gain, nor the 

giving of it made a business or way of gaining a livelihood 
by Boch person. 

35. i'he members of the Provincial Medical Board rerniaf oaceof 
a[nx)iDted by or on behalf of the Qovernor in Conncil shall i^^i^"^. 
liold office, daring good behaviour or nntil voluntary resig- """"^ 
DitisD, and the members appointed by or on behalf ot the 

Nova Scotia Uedical Society, for three years from the date 
of appointment, or nntil voltiutary reeignation before the 
eipiration of such three years : Provided, that it shall be 
lawful for the Qovernor in Connoil to remove any member 
of the Proviocial Medical Board npon an address of three- 
fborths of such Board, and due canso shown. 

36. Every pert^on resident in the Province, and who Pamiu pnotu- 
shal! have practiaed therein previous to the first day of ^JiJ^Jto'isM 
January, A. D. 1850, shall, on proof ot that fact, have hia tl^*";^ 
ume registered, and receive a license to practise under 

kthis Chapter. 

^S7. Any person while employed on aotaal service in K»™i»ii<i,miu. 
vUajeaty fi naval or military service as physician or or nugsoni du^ 
';eon, may practiao Physic, Surgery or Midwifery in S.%'ri^|'£!^ 
a Scotia with registry or license. 

'. The Provincial Medical Board shall bold a meeting unmHi mtfUngn 
B City of EIalifa.x every year, at which annual meet- ^!^^^_^' 
hey shall have power to appoint examiners, fix the 
b'of examinations, and tranaaotall boainess arising out 
■•Chapter; and any such meeting may be continned 
Wmment from day today until the buaineas before 
Nird be finished; but no such meeting shall be so 
eDii6naed by adjouniment beyond the Saturday of the 
wesk in which the sitting commences. The Board shall 
^bave power and it shall bo their duty to hold such 
oilier meetings aa may be accessary, at which meeting! 
thar shul) have the powers and duties herein conferced 
I <uw imposed apoa the Board at the annaal meetings. 



156 



MEDICINE AND SURQEBT. 



[PART I. 



Chap. 28. 39. The books and accounts of the Board shall at all 

Books. Ac, open ^^°^^s bo opeD to the examination of such persons as the 

toezaminauon. Govemor in Council shall appoint to inspect the same, and 

of all members of the Board ; and the accounts shall be 

annually published or laid before the Provincial Secretary, 

wmnj^nde. 40. The Provincial Medical Board shall, immediately 

t»«pd. upon the creation of a vacancy therein, communicate the 

fact to the Governor in Council or to the Nova Scotia 

Medical Society, according as such vacancy shall be to be 

filled up by one or the other ot those bodies ; and shall 

also notify either of such bodies of any other business 

requiring the attention of the same under this Chapter. 



SCHEDULE A. 



KAME. 


AGE. 


RESIDENCE. 


QUALIFICATIONS. 


A. B. 
C. D. 


23 

29 


Halifax. 

Windsor, Hants 
Co. 


M. D. College of Phv. 
sicians, New York, 
12th July, 1864. 

u, K. C S. E., 1862. 



SCHEDULE B. 

Uniform standard of Matriculaiion or Preliminary Ex- 
amination established under this Chapter, 



Compulsory: English Language, including Grammar, 
composition and writing from dictation : Arithmetic, in- 
cluding vulgar and decimal fractions and the extraction of 
the square root : Algebra to the end of simple equations : 
Geometry, — first two books of Euclid : Latin, one book, — 
translation and grammar. 

And one of the following optional subjects : History of 
England, with questions in Modern Geography : French 
translation : German translation : one Greek book : Natural 
Philosophy, including elementary mechanics, hydrostatics, 
and pneumatics: History of Nova Scotia : History of the 
Dominion. 



trlk n.] boabds of hbaltb. 157 

Chap. 29. 
CHAPTER 29. 

OF BOAKDS OF HEALTH AND INFECnODS DISSASBS. 

1. The Governor in Council may from time to time suuioryordai 
niikt ganatory orders and tbe same revoke, reuew, alter, Ss'aSlSS.J'iii 
or Tary, for the prevention oJ infectiouB or contagious dis- c»™«- 
eues, fortha relief of persona suffering tberenoder, and 
lor the interment of persons who may have died thereof; 
and Buch orders may be enforced by penalties therein ex- 
pmsecl, not to exceed four hundred dollars for any one 
olfence, and shall be notified by proclamation or be published 
in tbe Royal Qatdta.; and the production of any such pro- 
clunatioD or publication shall be evidence of the making, 
dtteand contents of such order. 

%. The Governor in Council may appoint in any place Bcwrdiof 
ordigtrict in this Province a Board of Health for carrying "jj^iji." 
Mch ganatory orders into effect ; and may prescribe the 
(dher duties of such boards ; and in case of vacancies 
therein may fill tbe same by new appointments ; and shall 
prescribe the limits of the district within which each such 
Doard shall exercise its powers. 

S. The Gonrts of General or Special Sessions through- HiaitbwardtM 
oattbe Province, and tbe City Council in the City of Hal- £^^13^!^ 
ifu, may from time to time appoint health wardens for the 
nid City and for the several townships and districts, who 
in tbe day time enter and examine all houses, buildings 
and places, and all vessels and boats, and report their 
coodition to the Boards of Health. They shall carry out ThwrdniiM. 
■U orders of any such board for cleansing any house, 
L iuilding, place, vessel or boat, or for the preserva- 
^^of public health, the maintenance of oleanliness, and 
\ prevention of contagion or infection. In case the 
Jwrai or Special SassioQs or the said City Council shall 
K ^point such health wardens the Board of Health shall 
i^int them. 
4, Any such board may by order in writing cause any Powenoiboud. 
. JiOBtB, building, place, vessel or boat to be fumigated or 
~" ise purified, aad m!iy cause anything dangerous to 
Uic health to be removed or destroyed, when ne- 

faoy health warden upon being notified of his J^"? '■"«J'- 
meat shall refuse to accept the office, or when >a»pt9ffl«: 
A sliftll refuse to discharge the duties thereof or to SSm'^SSS."" 
r frith sny sanatory orders to him commuuicated, he ^"ppotatinmi. 
Irorleit twenty dulkrs, and another shall immediately 
W Lippoitited in hid place; but no appointment of health 
wanloD shall couUnue to r more than one year, nor shall aay 
MnpB ba boand fo ae rvo ottgner tbaa caoa id four yearB. 



168 



BOARDS OF HEALTH. 



[PART L 



Chap. 29. 

CaMiof platfue 
or imminent 
danw, how 
provided 
againit. 



Powers as re- 
gsrds removal lof 
«ok persons, Ao. 



General vacci- 
nations, how 
ordered and 
provided for. 



Betnms of pool* 
persons vaooi- 
nated; remone^ 
ration. 



Penalty for 
bringing in- 
fectra persons 
into Province. 



Hag to be 
displayed on 
honse in case ot 
infections dis- 



6. If any infections plagne, disease or distemper shall 
have been introduced, or there shall be imminent danger of 
its introdaction into any place , the Board of Health shall 
assemble and make sanatory orders as occasion may 
require, with penalties as in the first section 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 Oovernor in Council, shall 
continue in force. 

7. Any Board of Health may order to be removed from 
any dwelling-house or other place any person sick with 
any contagious or infectious disease to any house or place 
proper for that purpose ; and if any < person be sick with 
contagious or infectious disease in any house or place, and 
such person cannot be removed without danger to his life 
—to be certified by a duly qualified medical practitioner — 
then the Board of Health may cause such house or place 
or any contiguous house or place to be vacated by other 
occupants, for such time as the Board shall deem necessary 
for the safety of the public. 

8. The general or any special sessions, consisting of 
not less than seven magistrates, or the City Council of 
Halifax on requisition from the Board of Health, or when- 
ever they think it necessary, may order a general vaccina- 
tion 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 there- 
for. 

9. All persons who shall vaccinate the poor and indigent, 
as above, shall return to the grand jury and sessions or to 
the City Council along with the particulars of their ac- 
counts duly attested to, the names and ages of the persons 
vaccinated, and the dates of their vaccination ; and such 
accounts when examined and allowed shall be assessed for 
and paid as other county or city charges are. 

10. Any person who shall knowingly bring into this 
Province any person sick of any infectious or contagious 
disease dangerous to the public health, without permission 
from a board of health in the county where brought, or 
who shall knowingly land in any part of the Province any 
person so sick, from any vessel or ship, without such per- 
mission, shall be fined in a sum not less than one hundred 
nor more than four hundred dollars. 

11. Whenever any person shall become sick of small- 
pox or malignant cholera in any dwelling-house, vessel, or 
other place in any city, town, or district, it shall be the 
duty of the proprietor or other person in charge or poB- 
^essioo of such house, vessel, or place, to display m some 



HILB TT.] mjBAKCES. 15* 

eoDBpicnoas place therein a yellow flag, cot less than twelve Chap. 30. 

jDcfaes square, and to keep the same displayed daring 

the prevalence of any snch infecttouB disease. All ex< 

pen^eB in carrying into effect the objects herein expresded ^ 

ahall be home by the respective boards of health in snch 

city, town, or district 

12. The reasonable expenses already incnrred, or here- bxpsdm ot 
after to be incarred, by any Board of Health, in carrying S^'rfSJg*. 
ODt the provisions of this Chapter, shall be a connty or 
district or city charge, and shall be assessed by the justices 
inBeBsionaDd levied and collected in the same manner 
Bsd at the same times as the ordinary county rates. 

13. Every person viotatiug any provision of this Chap- Fnui^ior 
ter,aT disobeying any sanatory order made thereunder, ^l^j^^!i'^^,t^ 
shall incur a penalty not exceeding foar hundred dollars. ■"- 



CHAPTER 30. 

OF BtnaiMCEB. 



1. The General or any Special Sessions may by order H»ith laip 
appoint health inspectors and define the limits of their i^teiTSl 
reipecttve jnrisdictions, and may fix the time, not to ex- u^"uo^^ 
Mfti one yesT, for which each appointment shall be in •J'"''"- 
fiffce. Within the limita of the jurisdiction of commis* 
BioDsra of streets the commit^sioners shall exercise such 
[iwers instead of the Sos^iuns. All such inspectors shall 
I sworn into office. 

Every board of health, and in places where none SS^J'" 
three or more health wardens, and where neither 
^a General or Special Sesaions shall constitute a court 
ar this Chapter, and all orders hy the court shall be 
bwith executed, notvvithstandingany appeal therefrom. 
3. Health inspectors for the purposes of this Chapter ro"«™o" 
sbaUhave charge of all streuts, highways, passages ves-' '*' 
Bef», wharves, docks, wells, marketB and market places, 
HuntDoa sewers, drains, vaults, privies, and other places, 
ud »hall cause all nuisaoces and filth to be removed 
tWrsfrom or destroyed, and may open and enter all places 
obert) noxious substanceH daiigorons to the public health 
may be reasonably suspected to exist ; subject nevertheless 
to the control of the comniissioaers of streets, if any there 
tte, in all things relating to public streets, sewers and 
drains within their jurisdiction, and to the control of the 
Ipflcial court in all other matters. 



160 NUISANCES. [PABT I. 

Chap. 30. ^' Health inspectors shall execute and enforce all sana- 
Dutiea of in- tory orders to them directed nnder this Chapter, or the 
•peoton. several chapters relating to infectious diseases and rabid 

animals. 
Thdroompen- &• Evory health inspector shall be entitled to such 
proSwed! °^ adequate compensation tor his services and for charges in- 
curred about liis 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. 
Dweuing houses 6. Evcry dwelling house within the City of Halifax, or 
nUsDMvfp^aity elsewhere within the limits of a health inspector, shall be 
JgJ|?'P™^" furnished with a suitable underground drain for carrying 
oflF waste water ; also with a suitable privy and under- 
ground vault attached thereto ; and the owner of such 
dwelling house who shall neglect to provide the same shall 
forfeit a sum not exceeding twenty dollars. 
Privies and 7. All privies and vaults shall be built so that the inside 

^MtJiSted.***^ shall be at least two feet from the line of the adjoining 
lot, unless 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 pas- 
sage way. There shall be no communication between a 
privy and any public 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 may give other instructions relative to their 
construction. 
^"Ij^h^w ^' W^®^ *^7 privy or vault shall be reported offensive 

deanned when by the health inspector, the same, within a reasonable time 
offenaive. ^j^^^ noticc iu 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. 
SJJto!hSt and ^' ^o vault or privy shall be emptied without a permit 
^hen tobe 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 ooart| 
and then only in cases where it is absolutely necessary. 
Waste wo^ 10. All waste water shall be conveyed through dmios 
how fpoMd . underground to a common sewer, or to such reservoir 
the health inspector shall appoint. 



WLt n.] KmsAHCES. 161 

11. When it ehall appear to the Bpecial court tb&t any Chap. 30. 

tenemeat oaed as a dwelling-house is bo unfit for that i„,uing 

purpose that the pahlic health is endangered thereby, the ^o™; Sow 
court may make an order in writing for its being vacated pubUotuiiui 
nit bin a reasonable time to be therein prescribed ; which '""^''^"*^' 
order shall be served upon the inmates or left at such 
dvelling-houae; and, in case of disobedionce thereto or of 
areoccupation of the dwelling-houBe withont a pormit to 

that effect, the court may direct a warrant to the Sheriff or 
cooBtables or health inspectors to enforce compliance with 
the terms of such order. 

12. Wheuever it shall appear to the special court that cj^^^j^Bnjj^ 
auj celbrs, lota or vacant grounds are in a state likely tociainwd.' 
^ndaoger the public health they shall cause a notice to be 

giifia to the owners or the occupants il any, ami, if there 
are no occnpaata and the owners do not reside withia the 
jnriitdiction of the court, may give notice by advertise- 
ment in one or more public newspapers, if any be there 
printpd, or by posting the same, pablicly requiring such 
'oiTDersor occupants to remove such cause ef complaint 
u io such notice prescribed ; and in case of neglect the '* 

court shall order the same to be removed, and double the 
Mpease shall bo recovered by the health inspectors from 
tliB owners or occupants of the land. 
^ 13. No person unless specially licensed in that behalf osuaaivs m>i- 
I «Wl put in any place on land or water any offensive matter Jjii^'^'to* 
' or thing likely to endanger the public health, under h"'^""'"'^' 
peniJty not exceeding twenty dollars for each offence; 
•ad, if any person shall Huffer any such matter or thing to 
renaio upon his premises after notice in writing requiring 
[ ium to move thu same, the health Inspector may remove 
k Hie same under the direction of the special court and at 
""i charge of the owner or occupant of snob place, and 

^3* recover double the expense as a private debt. 
lli. Any jui^tice on the oath of one witness, may make JmuaBmiT: 
Herder in writing for the removal, burial, or destruction, |^,^^^^ 
ottty offensive substance being or likely to become a gJ^^^IJ^jJI^ 
DniMnce in any place or in any boat or vessel, and may 
diract the same to be done by the party occasioning the 
uSeoce, or by any other party whom the justice shall 
appoint; and the expense shall be recovered as in the 
9Mer prescribed. 

U. No person shall fiell, or oETor for sale, or have in hisPoiAUj'fornia 
1>o<$es:iiun in a public or private marketer any other place tood. 
tor the purpose of sale, any anwholesome, stale or putrid 
irticlo of food, auder a penalty not exceeding forty dollars ; 
Ud tny Bucb article may be forthwith seized and destroyed 
bf the health inspector. 



162 



RABID AlOM ALSb 



[PAR ] 



Chap. 31, 

Uncfleaned fish 
and offal, how 
pTOldbited. 



limits for 
sUughtering 
aninulB to be 
regulated by 
aewioxia. 



Penaltiee, how 
recovered* 



Vorfeitnre for 
violation of 
ordem. 



Limitation of 
•otions; proee- 
oations remov< 
od to Supreme 
Oonrt. how oon- 
dncted. 



Hah may be 
■old* 



16. The board of health or general sessions may mak< 
orders for prohibiting the introduction into any oitj o; 
town, and for preventing the sale and the offering (or sak 
of any kind of uncleansed fish, and for preventing personi 
from throwing offal into any place likely to be offensive o 
dangerous to the public health. 

17. Justices in general or special sessions raay fron 
time to time make orders fixing the extent and limit 
within which the slaughtering and dresning of animals fo 
food shall be prohibited or conducted, under penalties no 
to exceed forty dollars for any one offence. 

18. All penalties and expenses incurred under thi 
Chapter shall be recovered in the name of the healtl 
inspector, and if there be none for the place then in thi 
name of the Clerk of the Peace. In either case snd 
inspector or Clerk shall be a competent witness. The pro 
ceeds of every prosecution after first deducting all reason 
able charges shall be paid into the city or county funds. 

19. Any person who shall violate any of the order 
made under this Chapter, or shaH obstruct any office 
acting in discharge of his duty, shall forfeit a sum n« 
exceeding forty dollars. 

20. No action shall be commenced against any perse 
for anything done or omitted under this Chapter unless 
brought within six months from the date of the oSeD« 
charged ; and, whenever any conviction shall have be« 
removed into the Supreme Court at Halifax or kn appo« 
thereto granted, it shall be the duty of the law officers c 
the Crown to conduct the prosecution or defence, iiB tbi 
case may be, on behalf of the public. 

21. Any corporation or individual may open a ixk 
market in any part of the Province or vend fish thereof 
subject, to the provisions of this Chapter. 



CHAPTER 31, 



OF RABID ANIMALS. 

seesioiMto 1. The justiccs in general or special sessions may fror 

^vLltiQgd«n^ time to time make orders for the protection of person 

25mS»?'*^*^ from the bite of dogs or other rabid or diseased animals 

for the destruction of all animals rabid or supposed to b< 

rabid and running at large, and for the prohibition of th< 

sale of the flesh of any animal affected o/ the symptom i 



XXna Tll.] PDBLIO IBSTBUCTIOH. 183 

iiaan'l? attaodant on canine madness, or otherwise dis- Chap. 32. 

s»«ed; and may aiHx peunltias for the breach of such 

{JTdeTB^ not to exceed forty dollars for any one offence. 

2. Any person may kill or destroy any dog or other BiMd uinuii 
r»bid animal tound at large, and may secure and place in H'u^^v^^ 
cooGnement all dogs or other animals at large and appear- J|^^^^!"*'>» 
iog to be rabid, or exhibiting symptoms of canine mad- 



TITLE VII. 

OF EDUCATION. 
CHAPTER 32. 

OF POELIC INSTRtJCTIOM. 



INSTBCCTION. 



!■ The momber^ of the Executive Gonncil shall form a ausotjTaoooD- 
Conncil of Public Instruction, five of whom shall be a^',^™!^ 

qngrum. rtrnotion, 

2. The Oovernor in Council shall bare power to appoint BupsriDteodaK 
* Pro?iDcial Superihtendeut of Education, who shall also be "' «'*'"*»'""■ 
Secretary of tlio Cuiinctl of Public Iiistrnction. 

3. The Council of Public Instruction whall have power: conndiorpabu* 
(I.) To make regiilatioua for the conduct of the Normal ^^^0°°' 
100!. and to prescribe the conditions of admission *od 2^j«P''»g^ 
laation of pupil tuacbers. 

'i.) To appoint, uijon the recommendation of theSaper-ipp„intia,p^ 
Went of EducMtiiin, an inspector of schools for eaoh'^- 
ityof the Province. 

) To prepare and pnblish regulations, under which TonfaktB 
■8 may be drawn and expended and teachers classified. I^^f^ 
f4.) To fix the tiTe of the semi-annual meeting of each HwtiDraot 
board of school commiflsionara, and call special meetings of"*"' ^"^^ 
Boy board when deemed necessary. 

(5.) To rcgtiUite the time in session, holidays and vaca-inir^uiftUboi- 
(toas of all pul.lic schools. idv«.*"- 

{6.) To prescril»3, with the concurrence ot theSnperin-rgpnwib* 
(•od«at, suitable textbooks and apparatus for all public*" ■»"»••** 
Kbool». proper booka for aohool libraries, and plans for 
■obool-houses. 
..(7.) Tp prescribe the fbnn of school registers for dl sabsoi ncbMn. 



164 PUBLIC INSTBUCnON. iFABX h 

Chap. 32. (^O "^^ determine all cases of appeal from the decisions 
-■ ^ of commissioners and trustees, and make such orders 

To determine . , . - ' 

appeals from theroon as may be required. 

cOTimittioners. ^g^ ,j,^ moke regulations for constructing, locating and 

To make regoiA- controlling couutj academies, and to authorize the pay- 
filSSSi^'*** ment of provincial grants to the same. 
To arrange for (10.) To reccive the recommendatiou of any inspector, 
mSS. *^ for separate apartments or buildings in any section for the 

different sexes or different colors, and make such decisions 

thereon as they shall deem proper. 
TV) provide for (U.) To uiakc any provisions, not inconsistent with this 
^gSSidSS^ Chapter, that may be necessary to meet exigencies occur- 
chapter. j.jjjg under its operation. 

Todrawgrant (12.) To draw from the Provincial Treasury a sum not 
fibilriw^ exceeding sixteen hundred dollai's, for the establishment of 

school libraries, on the condition that any section raise a 
J3»jtcondi- smu equal to the amount sought from the Council (consid- 
eration being given to poor sections) ; the books to be 
selected from a general catalogue authorized by the Coun- 
cil, and the libraries to be managed under uniform regula- 
tions prepared oy the Council, and at all times to be open 
to the inspection of the Superintendent, Inspectors and 
Examiners. 
TodrawpubUc (^^-) To draw f rc m the Treasury, upon the requisition 
pantfOTexAn- ^j ^.j^^ Superintendent, a sum suflBicient to pay the amount 

allowed to provincial examiners, and the expenses incurred 
by the Superintendent in furnishing printed instructions, 
blank forms, and copies of this Chapter, as directed by 
law ; and, also, five cents a mile towards the travelling 
expenses of students attending the Normal School. 
TopuWishre- (14.) To draw annually from the Provincial Treasury 
port and jour- ^^^j^ ^^^ ^^ gj^^H j^^ ncccssary for the publication of the 

Annual Report of the Superintendent of Kducation, and of 

an educational journal, a copy of which journal shall be 

supplied gratuitously to each board of trustees for their 

own and the teachers- use, and also to each inspector and 

each chairman of commissioners. 

iv> modify pro- (15.) To modify or change, from time to time, as the 

siSSSon?****" interests of education may require, the provision requiring 

an Inspector for each County, and to make such provisions 

for the payment of Inspectors consistent with economy and 

efficiency as they may deem proper ; provided that the 

expense of inspection shall in no case be increased. 

ToapDoint Pro- (16.) To appoint four qualified persons, to constitate a 

ISSd Jotl^ **' Provincial Board of Examiners, to examine and report 

upon the written exercises of all candidates for license to 

teach in the Public Schools of this Province. The Conncil 

shall also have power to prescribe the mode in which 

examinations shall be conducted, to designate tiie times 



imB vn.] PDBLic rasTBucnoH. 16S 

ud places at which candidfttes shall present tbemselveB Chap. 32. 

fbrexHinination, HDd to make such further nrrangemonts 

aimsybe necessary, in order to iosare the uniform classi- 

ficalion and licensing of teachere. The Examiners, so a„n>iB«.. hoi. 

appointed, shall be paid at the rate of seven cents for i»w- 

each paper submitted for their judgment ; and the person 

sppoinled to conduct tlie examination in each county shall 

be paid a sum not exceeding three dollars per diem while 

actually engaged in the dntv. 

4. The Council ot Public Instruction shall have the Conorii of id- 
general suporintendenco of the Normal School, shall pre- J^S!S£^ 
pare and publish regulations under which money shall be ^^^j^^j^Jf ■ 
drann and expended and teachers classified, and shall u<™>.>PPoiBt 
make BDch general regulations for the guidance of school *"" 
boards as may seem best fitted to bring about uniformity 
in their proceedings. 



S. The Saperinteadent of Education shall receive an snin 
annual salary of one thousand two hundred dollars, and {^jen, 
hw bundred dollars for travelling expenses and contin- 
gencies of office. The Superintendent's duties shall be as 
Mam: 

(1.) To have, subject to the Council of Public Instruc- 
tion, the general supervision and direction of the In.apec- 
fon, the Normal School, County Academies, and Common 

(2.J To enforce the provisions of this Chapter and the 
k Wgolationa of the Council. 
. (3.) To promote the establishment and efficiency of 
f academie!). 

To hold public moetiugs and institutes of teachers. 
To inquire and roport respecting the qualifications 
ifefaers and the management of schools. 

~j inspect, as oiten a^ possible, all the county 
, and, when directed by the Council of Public 
rtioQ, any school receiving provincial aid. 
To prepare printed instructions and blank forms 
irdl purposes required by this Chapter, and furnish 
tbetn, toguther with copies of this Chapter and the regU' 
flfiooa of the Council, gratuitously, to the Inspectors, 
Beards of School ComoiisstonerB, Trusteea and Teachers. 
(i.) To make annnally, fur the information of the legis- 
lature, a report on the state of tbe academies and schools 
niiject to his inspection and supervision, accompanied by 
&Q atatistical tables and detailed accoants of the expendi- 
tVA of the moneys appropriated aoder thia Chapter, and 
'" *i sogg^ipQB on eiiacBthnal eabJBota aa he may 



166 



PUBLIC INSTBUCnOH. 



[PABT I. 



Chap. 32. 6. The Snperintendent shall, with the approval of the 
ftuDeriutendcnt. Council of Public InstTuction, withhold the provincial 
wiSapprovai of enmt, Of a portiuD thereof, from an\» teacher who has not 

nonnoil, may *-' i» ^ • i i • r i • ^-ii 

withhold gnnt. Complied With the requirements of this Chapter. 

CO^OnSSIONERS OF SCHOOLS. 



Oovernor in 
Council to a^ 
point oommis- 
Mionen. 



OonsoUdation of 
boards of oom- 
mialonen. 



Proviso. 



Keatings of 
bia.ds. 



Setams,whento 
telodMdat 
inspeotor's office. 



OiKnmissioncn 
to receive in- 
spector^s report. 



7. The Governor in Council !»hall have power to appoint 
seven or more commissioners for each dii^trict, who shall 
form a Board of School Commissioners, of whom five shall 
be a quorum. 

8. In every county where there are two or more sepa- 
rate Boards of School Commissioners empowered to draw 
upon one and the same County School-Fund, there shall 
hereafter be one Board of Commissioners instead of such 
separate Board?^, and the members of the existing Boards 
shall be members of the new Board, and any trust oi 
property vested in existing Boards shall vest in the new 
Board ; provided, however, that such consolidation of 
Boards shall take place only upon the joint request of the 
separate Boards of Commissioners at their semi-annual 
meeting. The Council of Public Instruction shall have 
power to determine the places of meeting of Boards of 
Commissioners ; and each Board of Commissioners shall 
have power to re-number consecutively the school sections 
within its district. 

9. Each Board of Commissioners shall meet semi- 
annually on the day appointed by the Council of Public 
Instruction, and shall elect a Chairman at the regular 
meeting in the Autumn, who shall call a special meeting 
when required by two members of the Board, or when 
directed by the Council of Public Instruction. In case ol 
a special meeting, the Chairman shall notify the Inspectoi 
of the same: and if the Inspector be unable to attend, the 
Board shall appoint a Secretary pro tempore who shall 
record the proceedings of the meeting, and preserve such 
record for the Inspector, and transact any other necessary 
business as directed by the Board ; and in case of the 
absence of the Chairman, the Commissioners may appoint 
a Chairman pro tempore. 

10. Each'Board of Commissioners shall fix a day, whicli 
shall be at least two days prior to the semi-annual meeting 
on or before which the returns of all common schools aoc 
county academies shall be lodged at the district office ol 
the Inspector. 

11. Each Board of Commissioners, at its semi-annoa 
meeting, shall receive the Inspector's report as to the cod 
dition of the schools of the district, and the Board ehd 
examiae the several returns, and, if found satifliSaotory 



nu TIL] PUBLIC INSTBUCnOK. 167 

they ihall be m&rked as approved by the Board, and Bhall Chap. 32. 
be Hgued hy botL the Chairnian and the Inspector;^" ^^^^j,^- 
ud it from any just uause, aH npecified in this Cliapter, the "'';^°![*;^*° '^ 
CoanDiBaionera shall withhold their approval, they B^Rllntum. ™ 
write upon the return their docieioii, with the groTiuds 
tbereof; and each Board, upoo the recoraroendation of the 
loHpectur, shall have power to authorize the payment of 
the provincial grant to any licensed teacher who may have umty, how 
taught io more than one poor or ecattered section for at^^f^^^' 
leant three months. All school returns shall be trans- 
niUed to the Superintendent of Education. 

12. Kach Board of Commissioners shall forward with osctiiiaiHat 
tb« temi-annaal returns, and Inspector's accounts, a certi- 
fictte signed on behalf of the Board by the Chairman, and 
iliu by the Inspector, stating that, to the best of their 
kooffledge, the accompanying distributions uf provinoial 
ud county moneys have been made in accordance with 
tbe provisions of this Chapter. 

IS. Each Board of ComtniAsioners shall have power: — m'ilbm™''™' 

(1.) To make such alterations in the existing bouDda-ToaiisrHiitiana. 
lieiof school sections, at any regular semi-HnnuaT meeting, 
•tmay from time to time be necessary, the Inspector having 
beeu CDusulled as to the propriety of any alterations, and 
b>£i the time when such alterations shall take effect, 
whether at once, in six months, or in a year; and the uodsof. 
Commissioneri* shall in all cases have duo regard to the 
MnUer of children, and to the ability of each section to 
wjipuTt an efficient, school ; but they shall not divide towns Limiution, 
Mil villages iiiiIl'ss by the special direction of the Council 
, ol Public InHtruclion. 

(2.) To declare upon the Inspector's report, or upon roiJooUnmamii 
"Mr reliable informiition, the school-house, or the houses *"'"" ■""*■ 

'(oililings used us sucii, unfit for school purposes. Such 
hratiuu simll be for^vurded to the trustees of the sec- 
uud the Bnard shall thereafter withhold all provincial Pe«]t;aoa»c- 
lum any such section, if measures are not adopted""" """P^' 
iby a suitablo houxo or houses may be provided 

fto the ability of the section. 
^ o withhold the provincial grant from any section 5* 'I^'^'','J5^ 

wuUng a false roturn, und also to withhold the grant in Mrt«in wH. 
ftt ifv altogether from any teacher who may be found 
B^ligdutof duty, immoral, or who may otherwise fail to 
■iKtwu the standing indicated by hia or her license ; and 
Uu Board shall iiumodiutely report any such case, with a 
AtUeioent of the tacts, to the Superintendent. Towttiadta- 

U.) To settle any dispute arising between the trustees piit«bct>«ii 
^ii^UKhor respecting tlio teacher's salary or duty. ^^2^" 

(i) To caucul the lioeiise of any teacher under their ^y^^g ff/ !"' 
^H^i^. VJiu .104;^ become gtiilty of draakeaiieu or aay ^mbm. 




168 PUBLIC msTBircTioir. [pabt i. 

Chap. 32. gross immorality, and to suspend at their discretion the 

license ot any teacher under their charge, for negligence 

of duty or incapacity, and to notify the teacher of the 

same, and the truBtoos by whom such teacher may be 

And to report to employed ^ and the Board shall immediately acquaint the 

superintendent. Superintendent of any such case^ and of the name, sex 

and class of the teacher whose license shi^ll have been 

cancelled or suspended. 

To appoint trus- (6.) To appoint tmstees, or a trustee for any section, ii: 

JSaes."** ° cases as hereinafter provided. 

Commissioners 14. Any persou may convey or devise real estate tc 

SISe^°Il*t^u?t. the Commissioners for any district, and duly vest in the 

Commissioners and their successors in office the legal title 

thereto, in trust, for the purpose of erecting and keeping 

in repair a school-liouso or houses thereon; and the Com 

missioners may sue and be sued in respect thereof, bal 

shall have no control over any school-house or houses oi 

such lands as against the trustees of the school section 

or the inhabitants, other than may be expressed by the 

conveyance or devise. 

Cases whenoom 15, The Conimissionofs shrtll withhold the money pro 

wK"idTOumyVided by county assessment, from any trustees presenting 

money. ^ iaho rotum, and shall also withhold their approval of anj 

school returns forwarded by them to the Snperiotendeni 

if it shall appear that the teacher has been immoral, iucom 

petent, or neglectful of duty, endorsing thereon explicitl} 

their reasons for recommending the non-payment either o: 

all or a portion of the provincial grant to sudi teacher. 

Threecommis- 16. Eftch Board of Commissioners shall have power tc 

^rfol!^'dutifs appoint a committee of not less than three of their number 

prescribed by to perform tlio diitles iiuposed on them by sections 20 anc 

and 60. 60of this Chapter ; and such committee when so appointed 

are hereby authorized to perform such duties. 

Special aid fur 17. Each Board of Commissioners shall, in May of eacl: 

poor sections, year, determine what sections under its supervision are 

entitled to special aid as poor sections during the follow 

ing school-year; and the Commissioners shall- allow to the 

trustees of schools kept in any such section one-thirc 

more from the county fund than the allowance to othei 

sections, and teachers emploj'ed in such poor sections 

shall also receive one-third more from the provincial grant 

Boardsofcom- 18. The sovcral Boards of Commissioners shall hare 

missioners may powcr at the scmi-aunual meeting in May of each 3^ear, h\ 

unite two or * #•» i«i ..ixj. "a a 

more sections voto 01 at Icast two-thirus present thereat, to unite two oi 
intoone. more school sections into one school section, on a petitioi 

addressed to the Board of Commissioners by a majority o; 
\ the rate-payers of each section, setting forth that the} 

have agreed among themselves as to the terms on whiol 

the existing liabilities shall be borne by the^ rate-payers- ol 

the Beverai sections. 



ntuf ttl] pitblic rasTBtTcnoH. 16S 

19. Tbe nntoD shall take effect on the day fixed by latr Chap. 32. 
for the next annual school meeting, notice of which meet- unioo, whun w 
ing shall be iHSoed by a Coonty Inspector ; and such meet- wveeitecit. 
ing shalt elect a board of three trustees for tbe new 

MCtiOD. 

20. Where any section, at the time fixed for the annual £^Xf°™ 
meetiDg, fails to elect three truBtees, or to fill the annual trnftesainos- 
racancy occurring in the trusteeship, or vacancies from'**" **"^ 
other causes, the trustee or trustees shall be appointed, 

upoii the written requisition of ueven rate-payers in tbe 
Mction, by the CoramisBioners of Schools fur the district 
tDThich the school-honse is situate, or in which a majority 
of the rate-payers of the section reside; and where any 
troslee or traetees have been elected, and refuse to act, 
oriball neglect the performance of duty for twenty days 
■fter snch election, the Board ot Coniiniseioners shall 
ippoiDt trustees, or a trustee, in place of tbe persons or 
wreonso refusingtoact ; and in caae any person, appointed 
hjthe Board of Commissioners as a trustee, shall refnse 
or neglect to act as aforesaid, the Board of Commissioners 
ikll make such further appointments as may be necessary 
bifill any such vacancy ; and any board nf trustees, thus 
Kcared, shall, as soon as practicable, convene a meeting 
of the rate-pnyers of the section as provided for the annual 
■neeting, and such meeting shall transact all business, 
except the election of trustees, required of the annual 
Mating, and in the same manner. 

Si. Each Board of Commissioners shall have power to povenotoom- 
ewtopt from tho sectioniil school rate, either altogether or JSlJSd^d"'^ 
. Bpsrt, persons divelling more thab three miles from the JgJ^J'™^'* 
Llffiool-faouse in the sectioo where they reside, or in places 
"^i sparsely peopled to maintain public schools, or on 
'idij too distant from the mainland to permit children 
tend school ; and each such Board shall also have power 
|Ae such arrangomcnls as they may deem necessary to 
Uish schools on such islands, and in sucli sparsely 
' f^Jed places, for at least four months in the year. 



ich school section shall have a Board of three T^r» tnotH 
; and no section shall have more than one Board. ~*™*'~- 
._ AJkt the first annual meeting of any section, nnder icodaofippoiDt- 
Afihapter, the majori ty of the qualified voters present shall '"• '"*»• 
^Kt from their own uttmber three Trustees ; and at the 
*BWDd and third annn^tl meetings one of the Trustees 
twded at. tbe first meeting shall go out of office by ballot, 
udat MchftnDOal meeting thereafter he who has served tbe 
. '"Dgeit shall retire from office, and each of tbe vacauciea 



170 



PUBLIC INSTRUCTION. 



[fart r 



Chap. 32. 



Tmatoes, how 
iliaqiudifted to 
act, Ac. 



Penalty for not 
acting as trus- 
tee. 



Tnutees may 
eo-operate with 
tmstecs of in(»ti- 
tntionn reooiving 
wparute grauta. 



Hay admit to 
«ohooI pupils 
from other aec- 
tiona. 



TniBteestobe 
ixxiy corporate. 



Tnutoeito in- 
flare. 



shall be filled by the election of a new TruRtee ; provided 
always, that he whone term of office has expired may bo re* 
elected, with his own consent, hi^ time of i>ervice to date 
from snch re-election ; but it fthall always be competenl 
for existing Trustees to complete the business of the clo- 
sing school year. 

24. Any person holding the office of Trustee of Schoolf 
in any section, who sliall become insolvent or assign hif 
property for the benefit of his creditors, or become per 
manentiv unfitted tor business, or shall cease to reside in 
the section, shall thereupon cease to hold such office o! 
Trustee ; and the other Trustees shall call a meeting toi 
the electi(in of a new Trustee in his stead, as provided ic 
the case of extraordinary vacancies. 

25. Any person elected or appointed /a Trustee, not 
being a Commissioner of Schools, and renising to act, oi 
any Trustee who, having accepted office, shall notperfora 
the duties thereof, shall, for every such offence, forfeit tJM 
sum of twenty dollars, to be collected by any rate*paye] 
in the section ; such sum to bo payable to the Inspector 
or his order, and applied by the Board of School Goramis 
sioners of the county or district as special aid to the 
erection of school houses. 

26. It shall be lawful for the Trustees of any section 
wherein are located academic institutions other thai 
county academies, to co-operate with an equal number o 
persons, chosen by the governing bodies of such instita 
tions, in order thai the section may secure the educationa 
advantages supplied by such institutions; such combine( 
Board of Trustees to manage the school or solunds, as th< 
case may be, in accordance with the provisions of thii 
Chapter. 

27. The Trustees of any section may, in their discre 
tion, admit to school privileges pupils from other sections 
and if the Trustees shall deem it necessary, they maj 
exact from such pupils a reasonable tuition fee. 

28. The Trustees of any section shall be a body corpo 
rate for the prosecution and defence of all actions relatin| 
to the school or its affriirs, and other necessary purposes 

under the title of "Trustees of School Section No. 

in the district [or districts] of ;*' and they shal 

have power, when authorized by the school meeting, t 
bi»rrow money for the purchase or improvument ot ground 
for school purposes, or for the purchase or buiiaiiig c 
school-houses ; and all such amounts shall be paid by eqai 
yearly instalments, npt exceeding five, to be assessed apo 
the section ; and the money so borrowed shall be a oharg 
upon the school section. 

29. The Trustees in the several counties Are aothoi 
ized to effect insurances ou achool-Uousea. 



ran Tn.] poBLio BBriDcnoK. ni 

R The dnties of tlie Trustees sliall be as follown : — Chap. 32. 

(I.) To meet as soon after tiie animal olection or *p-DuUao( tnu- 
poinlment of Trupteen, or a Trustee, an practicable, and <«»- 
appnint one of themxelvos, nr some other person, to t'e^^^uS.""' 
Scrrptary to the Board of Tni^leea, mid to provide him 
"witli a finitable blank<book, and inatrnct him to keep there- 
io Rnd carefnlly preserve a correct record of all the duinga 
of llie BiHird. 

(2) To take poBdession of, and hold as a corporation, TnhoidKihoai 
■lithe scliooi property of the section, or which may beP"'*"'- 
ptirehaaed for, or given to it for the ii*e or support of 
oommrtn or academic bcIiooId ; provided alwiiys. tii>it they 

■bidl not interfere with any private rights or the righte of 
aoy ruligiflus donomrnation. 

(3) To lengii or rent lands or buildings, if necessary, Toicusornnt 
fiff KflSinol purpo^ex, fur a puriod of not less than five""***" 
Wnili^, or, if the suctioa be poor, not less than three 

Bmitlirt. 

{{.] To determine the sites of school houses, subject to T^Hxiitsor 
n>Ds»nclton of the three nearest cnmmisrtioners, residing 
Mtof the section ; and, in CH<fo the tliree nearest oommis- ptotIb. 
Rmierj lio not a|;roe lu to the site of a schnol house, the 
Utter shall be refurred to the Buard of CumtiisMionera 
for the di:<trict or county in which the school is >>ituate, 
nilllieir deciition slmll be final. In casus of border seo- 
ttODj where the three nearest cninmissioners do not agree, 
ilKhalt be referred to the Inspector of the county in which 
imijiirily of tlio ratepayers of such border section reside, 
nlij«i:t to an appeiil to the Suporiuteiident of Education, 
vhu*e deiii-'ion ahull be final. 

(S) To provide scliooi privileges, free of charge, for^p"»fii« 
ill |rarsonr4 resident in the section, five yearn ol age and dtto 
IpWHrdii, who may wiAh to attend schfxil, and, when HUthor-*"**' 
Wd by the schnol meeting, improved school accominoda- 
nuns; Niiclieccominodiit ions to be provided, as far as possible, 
^uoonUiice with tlie following armngemonta : — 

(n.) FiiT any section having fifty pupils or under, a 
^■e with comfortable sittings for the same, with one 
iHnlwr. 

[6.) For any section having from fifty to eighty pupils. 
ihiiUie wiib comlnrtable sittings for the same, and a good 
HU»-n>om, with one teacher and an assistant. 

(e) For any section having from eighty to one hundred 
ptl>il9, a house witii comfortable sittings for the same, and 
Iwtt ^iiod clads-rooms. with one teacher and two assistants ; 
tr. a hnuite liaving two apartments, an elementary and 
BropArabirv, with tivu teachers : or, if one commodinas 
^)filit)g cannot be secured, two houses may be provided 
b diSereot parts of tbe sectioa, with a tesohor ia each ; 



172 PUBLIC INSTRUCTION. [PART I. 

Chap. 32. one being devoted to the younger children, or elementary 
department, and the other to the more advanced or pre- 
paratory department. 

(d,) For any section having from one hundred to one 
hundred and fifty pupils, a house with two adequate apart- 
ments, an elementary and a preparatory, and a ^ood class- 
room, accessible to both, with two teachers, and, if neces- 
> sary, an assistant : or, if the section be long and narrow, 
three houses may be provided, two elementary and one 
preparatory, the former being located towards the extremes 
of the section, and the latter at or near the centre. 

(6.) For i»ny section having from one hundred and fifty 
to two hundred pupils, a house with three apartments, an 
elementary, a preparatory, and a high school, and at least 
gne good class-room, common to the two latter, with three 
teachers, and, if necessary, an assistant : or, if necessary, 
separate houses may be provided for the different depart- 
ments in different parts of the section. 

(/.) And, generally, for any section having two hundred 
pupils and upwards, a house or houses, with sufficient 
accommodations for different grades of elementary and 
preparatory schools, so that in sections having six hundred 
pupils and upwards, the ratios of pupils in elementary, 
preparatory, and high school departments, shall be respec- 
tively about eight, three and one. 
SJ^ili ^^' Wl^cnever it may be deemed desirable to change 

the site of a school house, or to dispose of school lands by 
sale or exchange, such lands may be disposed of by the 
Trustees, who are hereby authorized to purchase or accept 
other lands or sites in lieu thereof. 
Tnw^eesshou 32, In any section having more than one department 
anS of pupils uudcr ouo roof, or under separate roofs, the Trustees, by 
Stfta^to. ^^^ ^^^^ ^f ^^® teachers or otherwise, shall regulate from 
time to time the attendance of pupils in the several depart- 
ments according to their attainments. 
Shall regulate 33. If in any section the Council of Public Instruction 

atteodanoe when in* i -11 

ooundi permits shali permit Separate departments under the same or 
mStof* ^'P*^ separate roofs, for pupils of different sexes or dififerent 
colors, the Trustees of the section shall, in this as in other 
cases, regulate attendance on the several departments^ 
according to the attainments of the pupils. 
TjTOteeB' further 34. It shall further be the duty of the Trustees : 
flhauempioy (^0 ^^ Contract with and employ a licensed teacher or 
teachers. tcachers for the section, and, where necessary, licensed [or 

unlicensed] assistants, for a period of not less than five 
months; or, if the section be poor, not less than three 
months. 
oiv« notice of (2.) To uotif^, as they may deem proper, the inhabi* 
JS^^^ tants of the section, of the opening or re-opening of the 



imi TO.] PUBLIC iNSTapCTioir. 173 

aobool or schoola, so that papils may present themselves Chap. 32. 

for clusifi cation withont delay. 

(3.) To tiirnish, in case the annunl meeting shall hiive FumUKowa 
determiaed to raise money fnr the porchaso or building ^ISS,''JuS'^ 
of school-houses, or for the purchase or improvement of M^^Si^M of 
tcbool grounds by aRscssmeut, the town clerk or the Clerk Kotion. 
of (be Peace for the county in which the section or a 
portion of it mar be situate, a list of the inliabitanta of 
the coDDty resident in the section liable to be taxed ; and 
the town clerk or the Clerk of the Peace shall affix the 
smonut of property for which each is assessed according 
lothe coonty nnsessment roll (or tho year; and the town ciark'i /«. 
clerk, or the Clerk of the Peace, as the case may be, shall 
he entitled to receive from the Trustees a fee of twelve 
ceot^ for every list so furniahod where tho number of rate- 
payers ia the section does not exceed twelve, and of 
twenty-five cents where such number exceeds twelve. 

[i.) To provide by assessment, as set fbrth in section PrDridiroreret- 
H, for the p'urchase of suitable grounds, and the purchase hoMw."*""' 
or erection of a house or houses, according to the decision 
ol the school meeting ; to select the design of building 
most snitable, and let out the work; the amount required 
being levied and collected in equal portions, from year to 
rear, not exceeding five years, with any interest accruing, 
until the whole shall have been raised. 

(5.) To visit the school at least four times in each year, vuitKhiMj!i. 
udto be present, when practicable, at the semi-annual 
[ uatniuatioDS and the visitations ot the Inspector. 
I (6.) To expel Iroin school any pupil who is persistently sipeiar>us- 
I diiobedient to the teacher, or addicted to any vice likely '™'' '"''"'■ 
I to injuriously affect the clamcters of other pupils; or to 
LfiupeDd any such pupil udUL there shall be indications ot 

^^K) To adopt efficient measures for the preservation of huic1ii>[h1iooi. 
^^Realth of the school. 

PfB) To call a special meeting of the section, due notice Mt.j tan tptdn 
I 'Mug given by means of the school or otherwise, for the""**^*' 
I purpose of filling any extraordinary vacancy occurring in 
! the Board of Trustees, and for any other necessary pur- 
pose; and at any such moetiag a chairman and secretary 
•Wl be appointed, as provided for the annual meeting. 

(9.) To present an annual report on the state of the addui mpart. 
*ohwlor schools, and of the doings of the Board, at the 
fBgular school meeting iu September. 

(10.) To prepare, or have prepared, a trae return of the school r«ton». 
)hle of the school, according to the torm drawn up for 
tbat purpose by the Superintendent ; aad, if there are 
nioretbftn one department in the BectioD, a return for each, Aratanfor 
indicating the grade of each department, ; and to lodge '^^ ""^ 



174 PUBLIC nrsTRucnoN. [part i 

Chap.. 32. the same, daly certified by the teacher or teachern. at thi 

^ be forwarded district office of the Inspector, on or before the day fixed foi 

by a certain day. the Sttmo by the Commissioners for the district ; and, if th< 

Betom of border section be a border section, the Trustees shall pro8ent f 

"****°°"* complete return to each Board of Commissioners, undei 

whose supervision a part of the section may lie. markin] 

the same as a border section^ and stating also in each returi 

the number ot rate-payers resident within the portion o 

Penalty for false each district embraced in the same; and, if the Trusteei 

'"*°"*' of an}' section shall present a false return, the provincia 

grant shall be withheld from the section over which thej 

preside. 

icay raspend or 35. Trustoes sliall havo power to suspend or disroisi 

dismus teachers, fp^^j^ their employ any teacher for gross neglect of duty oi 

KoUflcationof immorality ; and they sliall immediately forward a written 

statement of the facts to an acting mamber of the Boarc 

of Commissioners for the district, and they shall also forwan 

a statement of their proceedings to the Superintendent 

Pay of inch and the pay of any such teacher sliall thereupon cease 

******"• unless otherwise ordered by the Board of Commissioner! 

upon the appeal of the teacher; but he or she shall be paic 

rateably up to the time of his or her suspension or dis 

missal. 

ftSi*wfcSS*tax ^^' ^^ proof of inability to pay any school assessmeni 

'or poll-tax, the Trustees shall have power to exempt anj 

person in part or altogether from the payment tiiereoi 

without prejudice to the rate; and the Trustees shal! 

present a statement of any such exemptions, in then 

report to the annual school meeting. 

Special meetings 37. Upon the requisition of the majority of the rate 

to vote money, payors of any scctioh, the Trustees shall convene a specia 

meeting of rate-payers for the purpose of voting monej 

or adding to any amount previously voted for any purpose 

authorized by this Ciiapter; notice of which meeting shal 

be given by the Trustees, as provided in the case of thi 

annual meeting, and such notice shall express the objeo 

of such meeting. 

SECRETABY OP TRUSTEES. 

Bond given by 38. The Secretary of the Trustees shall give a bond t< 
trasteesf ^ Her Majesty, with two sureties, in a sum at least equal U 
that to be raised by the section during the year, Utr ihi 
faithful performance of the duties of his oflSoe: and fh< 
same shall be lodged by the Trustees with the Clerk of th( 
Peace for the county or district. 
Sewrtwy's com- 59, 1'he Secretary shall be entitled to receive five pe; 
cent, commission on all sums collected by him or undei 
his direction lor the support of the school or 8chooiS| in 



TEIIH Til.] PUBLIC INSTKPCTTOS. 175 

Coding expenditnre for rents, repairs, farnitnre, out- Cbap. 32. 

lioiiHes, fuel, ina|M, Apparatus and aalariea ; except in caxeB ' 

■wlwre payment shall be volantaritj made, when he ahuW 

make a dednction to persona makiug snch pavment of two 

and a lialf per cent, from his commiasion ; and he shall be 

«Dtirled to twn and s half per cent, on all sums collected 

ly him, or under his direction, for the purchase or erection 

oft now Rchooi-hoii8e or houses, and for the purchase or 

impmvement of echooMiouse grounds. A payment shall 

)k conflidered to have been made voluntarily if made 

nitliin twenty days after the collector's roll is made np 

ud posted np in at least three public places in the district. 

40. 1 he Swcretary's dntios, to be performed under the ^|"«««(«ee»- 
ditection of a majority of the Trustees, either by the 
Secretary in person, or under his direction, shall be as 
foUiiws : 

(1.) To keep the accounts, moneys, and records of the 
Burd, and to collect and disburse all school moneys. 

(2.) To keep the school-house or bouses in good repair, 
ud BDpply the name with comfortable furniture, out-housee, 
fbel, prescribed school books, maps and apparatus. 

(3.) To promptly supply to the teacher or teachers 
wpiea of the school register prescribed by the Council of 
Poblic Instruction, and carefully preserve the old registers. 
[4.) To keep a faithful record of any school books, 
napii, or apparatus that may at anytime be procured for 
Ae nae of the section. 

\^.) To preeent the teacher with a copy of the inven- 
tory of the school property under his or her charge, and 
renew rhe same from time to time. 
(6.) To post up the collector's roll in the manner pro- 
^ Tifli-d for in section 39. 
M7.) To take due care of the library books of the soc- 
^, and see that the same are managed in conformity with 
■iregulrttions of the Council-; and, generally, to transact 
Ibueinesaot the Board, as directed by a majority ot the 
wtous. 



I HODK 

|^i{. Thore shall be paid annually from the Provincial* 

^^■tarj, tor Ciimmim Schools throughout the Province, g! 

^^^buef one hundred and seventeen thousand dnILirs; 

^^^^hich sum there shnll bu paid to the City ot Halifax 

l^^^tbonsand five hundred dollars. 

U. Afl(*r deducting such sum of seven thousand fiveu 
bondred diilhirK, thu balance sliiill he distributed between'" 
MiGMiVQral coRnliKii ut the I'riivince, according to the 
gninl total tinmbur of dayn' altciidaiice made by all the 
pnpiU in tile public cummou auhools throughout the 

IL'llWiBCfc 



1T6 



Chap. 82. 

Bonos to certain 
teoohen. 



Proviso. 



Grant not to he 
less than that of 
1873. 



Proviso. 



Monty to be 
paidsemi- 
annoally 
throngh inspec- 
tor. 



PajTnentto 
teachers of vari- 
ous grades. 



To assistants. 



Grand total, &c., 
•defined. 



Payments made 
■on attendance of 
previous year. 



Bmployment of 
unlicensed 
Uadiertnot 
•Qthoi'ifled. 



PUBUC INSTRUCnOH. [PART 

43. All teachers boldiDg Provincial Licenses of grad 
A or By who shall have been employed in teaching in th 
pnblic schools of this Province, for a period of not lei 
than five years, shall receive an annual bonus of thirt 
dollars each, payable half-yearly ; provided that this sectio 
shall not apply to head masters of county academies < 
to principals of special academies. 

44. If, in the distribution of the before-named annui 
grants, the result shall exhibit for any county a sum lei 
than the Provincial Grant for the corresponding term ( 
1872, — less the special grant to poor sections, the Counc 
of l^ublic Instruction is authorized to grant to such Count 
such additional sum as may be requisite to make the sui 
total equal to the Provincial Grant for the correspondio 
term of 1872 — less the special grant to poor sections ;- 
provided always that when such extra or supplementar 
aid is given, the decrease in the attendance shall not b 
more than ten per cent, of the grand total days' attendanc 
for the county for the corresponding term of 1872. 

45. Tbo distribution of the moneys payable, under th 
authority of this Chapter, to the respective counties fc 
common schools, shall be made somi-annuully, through tl 
Inspectors, to the respective teachers and assistants lav 
fully employed by Trustees, according to the number - 
days the schools have been in session, and the grade * 
license held. 

46. The payment to teachers, according to grade 
shall be in the following proportions: 

Grade B 1 

" C I 

^' D i 

" E f 

47. Assistant teachers, if provided with separate class 
rooms, and regularly employed at least four hours in eaci 
day, shall receive two- thirds the amount granted to principa 
teachers of the same gi*ade. 

48. The term, " grand total number of days' attenc 
ance,'* mentioned in the forty-second Section of this Chaptei 
shall be understood to mean the sum of all the total dayt 
attendance by the registered pupils in the public commo 
schools throughout the counties. 

49. The distribution for each term shall be made o 
the total number of days' attendance during the correi 
ponding term of the year next preceding that for whic 
the distribution is made. 

50. Nothing in sections 45 or 47 shall be construed t 
authorize the employment of unlicensed teaehers tn any c 
the public schools of this Province. 



\ 



I 



TiaE Tn.] puBwc raaiBUCiiOK. . 177 

il. The coanty school rate asseaeed npoD the inhabi- Chap. 32. 
tiDtB of aoy section not provided with a suitable school- Di,po,itioii oi 
lioase, and unable to erect one, shall be retained for two "S'f'^^S^ 
^ears; aid If within that time means shall be adopted to wherethmE. 
Itnilda scliuol-houae, the moneys so vested shall form part '"'■**^' 
cf the amoant required for such purpose. The assessors 
^lal) return yearly to the Clerk of the Peace a statement 
(rf the amounts levied tor auch county rate upon such 
section. 

52. The Clerk of the Peace in each county, except as ojakafPMw 
liereinafter provided in relation to the City of Halifax, shall 'dt^j^SiS^, 
add to the sum annually voted for general county purposes ^•P'wixbiii 
at ihe general sessions, a sum sufficient, after deducting t«30cu.iiiiKd 
nostB of collection and probable loss, to yield an amount o^"!^^^^, 
eqaal to thirty cents for every inhabitant of the county, ac-."""'^''*'"- 
cordiug to the last census preceding the issue of the county 
ftte-roTi ; and the sum so added shall form acid be a portion ona-ruic ube 
(tf tbe coonty rates. One>half the snm thus raised shall be ^ord^oj'™^' 
^d semi-annnally by the County Treasurer upon the Jf^^**""^ 
order ot the Board or Boards of School Gommissioiiers for 
the county. 

53. One-half of the amonnt provided to be raised an- oiw~hair to mu- 
nnally, as aforesaid, shall, at the close of each halt-year, ^^^jj^i^jlij, 
be apportioned to the trostees of schools conducted in''''"*"!*^- 
weordance with this Chapter, to be applied to the payment 
oflencbers' salaries; and each school shall be entitled to Bitio in »iiMi 
(Uticipate therein, according to the average number of J^^^^Jj;" 
pnpils in altendanco and the length of time in operation, 
jwitetiall receive no alluwance for being in session more 
] ftinthe prescribed number of days in any one half-year. 
L 5i. Any sum required hy any section, over and above wn™ duIoH^ 
Ml8 Bums provided by the Province and county, for tha°{^^>™^ 
^teport and inaintenauce of a public school or schools J5"'^''j^jS'*^ 
wog tho ensuing ye&r, including the purchase or im-datarmiuBoo"'' 
Urement ot school gronnds, the purchase, erection, fur-^^,"^^J^ 
rang, cleaning, or repairing of Bchool-houses and out- ^,^^JhiJ" 
wdings, rent of buildiogB or lands, insurance on school nmd^piiu- 
ptgperty, tho pnruliasD of fuel, prescribed school-books, nmSnr^'.tif 
» and apparatus, the payment of interest on money !!!!?w'|^i^i 
nired by tho section, teachers' salaries, or any other p^w^o* 
m required in providing an efficient public school 
Kil&iQ accordance with this Chapter, shall be deter- 
_Xby a majority of the rate-payers of the Section pre- 
it at a regularly called school-meeting ; and any amount 
VDiletemiined shall be a charge on the section, and shall be 
levied as follows : Every male person twenty-one years of 
*ee or opwards, hsving resided in such seclioo for the 
P«nod of six moniha next previous to the levying of" such 
■Mesimeat, ihall be assessed, and ahall pay the sum ofoao 

A !_u_ 



178 



PUBLIC INSTRUCTION. 



[PARI 



Chap. 32. 



Bates, how col- 
lected. 



Deftnitioo. 



Payer of poll- 
tax qoalifled to 
vote at election 
of tmstees. 



Proviso. 



Clerk of the 
peace ihall notify 
naperintendent 
of education and 
inspector of sum 



One-half of 
county rate shall 
be advanced 
from Province 
every May. 



dollar as a poll-tax. The balance of the snin author!: 
to be aisseAsed shall be levied on the real and perso 
property within the county of the residents of 
section a'scording to the county rate-roll. Noth: 
herein shall render any person liable to pay m 
than one poll-tax in any school year. The trustees si 
furnish to their secretary a list of the assessments 
der this section, with instructions in writing there 
signed by the trustees, authorizing and directing si 
secretary to collect from the persons therein nan 
the amounts set opposite their names ; and the secreti 
shall demand the several amounts from the persons 
assessed ; and^ in default af payment, the same shall 
collected under and by virtue of the Chapter of 
Revised Statutes, "Of County Assessments;*' and 
trustees shall return such assessment to the gene 
sessions, or to a special sessions held for that purpc 
where appeals shall be had and determined. The wo 
" real and personal property within the county ot the r 
dents of the section/' in this section, shall apply to | 
perty lying in the City of Halifax, the owners whei 
reside in Dartmouth or other school sections in 
County. 

55. On depositing with the secretary of trustees, j 
vious to, or at any annual school meeting, the sum of < 
dollar, any person liable to pay such poll-tax, as provi( 
in section 54, though not rated in respect of real or pei 
nal property, shall be qualified to vote in the election 
trustees at such meeting, and at any other meeting h 
for the election of trustees within a year from such 
posit, except the same be refunded, as hereinafter provid 
and shall be eligible to be elected as a trustee ; provid 
nevertheless, that a majority of the trustees shall be j 
sons rated in respect oi real or personal property. Moi 
deposited as above shall be refunded on demand in ev 
case where no assessment is authorized by sucb meetii 
otherwise it shall bo retained as payment of the poll-tas 
the depositor. 

56. Each Clerk of the Peace shall, immediately u\ 
making up the rate-roll in each year, notify the Sape 
tendent of Education and the Inspector of Schools of 
sum provided by county assessment for the support 
schools during the ensuing year. 

57. One-half the amount assessed as a county rati 
the several counties for the support of schools shall 
advanced from the Provincial Treasury in May of e 
year. 



HTLB Vn.] PUBLIC INffTBDCTIOM. 179 

58. Where coantiQB are divided into dtstrtota holding Gb&p. 32, 
general sesaions of the peace, the _t6rm " oonnty,'' in this where anmtiw 
Chapter, shall, for all Ihe purposes of the Chapter, be held ■",*"•**** '?'" 
to include and applj to such districta as full^ aa it aucn tenn"a>Bniy; 
districts bad been speciallj' mentioned therein. dbtfirt!*"* 

59. In every Bcbool section containing twelve or more wh«a public 
i^ildren over five years of age, and in which there is, (SSJj™''""' 
according to the assessment rolt ot the county, tnxablo 
property to the value of four thousand dollars or upwards, 

there sliall be kept for at least one achool term in each 
jear a public free achool; and, in all sections where sec- 
tional assessment is not required, the truatoea shall eatabliah 
> public free school. 

60. In any school section where sectional aesessnient wimm nie-piy- 
thall be required to aapport a free public school, and the S^UMu^'wra^ 
nte-payers of auch section, after legal notice has been '°™"- 
^v&n in accordance with the provisions of this Chapter 

ihall neglect or refuse to make adeqiinte provision for such 
tehool, the trustees of the section shall name the sam of 
money which they deem BufHcient therefor; and aach amount 
ihall be sabmitted to the Board of School Commissioners 
lor the district, and be subject to their approval. If the 
Board approve thereof, the trustees shall have power to 
levy and collect the sum so eubmitted aud approved of in 
the same manner aa if it had been voted for achool purpoaes 
it a regular school meeting called for the purpose. 

61. Property situate in any school section, aod owned AM««m«itof 
fay a non-resident of the county, the samo uot being other- ^ngn^. 
wise liable to sectional^ssessment, shall be liable to assess- 
ment in the section in which it is so situate. 

C2. Tho a^$«G>3isment of any porsoD who shall subse- AueunMBi 
qaentiy die, or become insolvent, or assign his property ^*^^„,'^"' 
liable to the assessment, shall be a charge upon his estate, pfw*"""™- 
tobe paid by his executors, administrators, or assignees; 
ud, in default of payment, they or either of thorn may be 
beld personally liable under the warrant, unless they or 
titber of tham shall make oath before a justice of the 
peace, stnting that there is not in their possession or under 
their control, belonging to auch estate, sufficient money or 
other property to satisfy ancb assessment. 

63. In every case where, between the making of the inmw of traw 
connty asseasmont roll for any year and the levying of any i'i^?^™d""" 
wctionat aseessment according to auch roll, any person ^^JiJJJJ^ 
Tiled therein, in respect of real or personal property, shall (mm holder « 
remove from the section, baving conveyed, teased, or other- '^ "'■ 

Vim disposed of such property, such assessment shall be 
Icharguonthe property, and maybe collected from the 
ler or person in possession of the same at the time ot 
'jiog BDCb asBOBsment, whose name shall be inserted ia 
■warraat for collecting, to the aame maaaer 



1^0 PUBLIC INSTRUCTION. [PART 1 

Chap. 32. ^^ ^^ ^^^^ person had been originally asaesBed iu respect 

' of such property, and his name were on the assessment roll 

Property held by 64. Property held by executors, administrators, trus 

srSr"lte*'5ifere ^^®®» ^^ assignees, at the time of the making ot the coqntj 

aswsMd." assessment roll for any year, shall be liable to be assessed 

in all assessments levied according to such roll, in the sec 

tion in which the original owner of such property resides 

or last resided; but property held in trust for heirs, bein^ 

minors, shall be liable to assessment in the section in whicT 

such heirs, being minors, or a majority of them, may be ic 

attendance at a public school, provided such section shal 

be in the county in which such property is situate. If 

default of payment of any assessment levied under thit 

section, the same may be collected as provided in the cas< 

of unpaid assessments under the sixty-second section. 

Certain persons 65. Any pcrson making affidavit, if required, that h( 

^MT^^^dcT was sixty years of age or upwards at the time any assess 

•*^ ment was authorized, and also any regularly ordainec 

minister occupied in ministerial work, and any uumarriec 

woman or widow, shall be exempt from sectional assess 

ment on all property to the value of five hundred dollars 

but shall be liable for any excess of that sum. 

Certain property 66. All beds, bedding, clothing, stoves, cooking utensils 

^\r^. "^"^ and the last cow, of any person against whom a warrant o 

distress or other legal process shall be issued to recove 

the rates assessed for school purposes, shall be exemp 

from the operation of such warrant or other legal process 

Property of 67. Real and personal property situate within a schoo 

SSfpwy?"**' section, and belonging to a corporation or company shall b< 

subject to sectional assessment ; and the rates shall be pay 

able by the agent, to the extent of the funds in his hands 

or under his control, at the time of the demand, as if ag 

aessed upon him personally, and shall be chargeable b; 

the agent to the principal. 

Property of firm, 6^- ^^ ^^^^^ ^^ ^^® ^^^Y ^^ asscssors to assoss all thi 
corporation. &c.[ rateable property belonging to any association, companj 

ustie^sed in name _ ••i r*xi 'a* t% 

offirm.corpo- or firm lu tbo name ot tne association, company, or fimi 
ration. Ac. ^^j ^^^ ^^ ^j^^ name of the agent or of any single member 

and, in assessing such property, it shall be the duty of tb 
assessors to have regard to the boundaries of school sec 
tions, and in every case to return with their valuation c 
such property the name or designation of the school sectio 
in which it lies ; and where the same association, compaDj 
or firm holds property in two or more school sectioQa, t 
specify distinctly their valuation of the portion in eaci 
also of the portion, if any, not included in anjr scboc 
section. 



TITLE til] POBUO IKSTBCCTIOS. 181 

€9. The asHeeameDt of ncich property shall be in and for Chap. 32. 
the benefit of the section wherein it lies, and shall extend r 



asd apply to all rateable property held by any association, t>™eBtafH<cUini 
conpany, or firm, whether incorporated or otherwise ; that" "* 
IB to eay, the assessment payable directly by the associ- 
ation, company, or firm, in respect of any property, shall 
be paid in and for the benefit of the section where the pro- 
perty lies ; and if any portion of the rateable property of 
any association, company, or firm lies in a place not em- 
braced in any school seclion, snch portion shall be treated 
Id all respects as if situate in the section where the chief 
works and basiness of the association, company or firm are 
established. 
TO. In any case where, owing to neglect on the part of boh n»; b« k- 
' the assessors, the connty roll does not afford the informa-JJJJ^'"'*'* 
lion necessary for the purposes ot this Chapter, the tratu 
t»eB shall request the Clerk of the Peace to refer the roll 
back to the assessors for correction or amendment. 

71. There shall be granted annually the sum of six PnTiiiidai griiM 
DuDSand six hundred dollars towards the snpport of county !^^|^^ 
icademies, to be constrncted and located in accordance 
vith the directions of the Conncil ot Public Instruction; 
nfib sum to be applied as specified in the Schedule to this 
Mction, and to be payable half-yearly. 



Scheduie. 



OiUTtiy of Annapolis . . . $600 
Ontntff ^ Gape Breton . 600 
i)>\iiiiyo/ CunAerland. OO 

Coun/y of Digby 600 

Oauniy of Ouysborough 600 
(Joutay of Invernesa . . . 600 



County of LunerJ)urg . . $600 

(hunty of Queetia 600 

County of Richmond. . . 600 
County of Shelburne ... 600 
County of Victoria ... 600 



SCHOOL IfEETlXOS. 

12. The annual school meeting for the election of trus-Anmuiutu 
t«8or a trustee phall bo held in the school-honse of theJilSf"*''' 
Mclion, or if it be not commodious, or if its use cannot be 
obtained, or if tliere ia none, iu any other convenient build- 
ioE, on the last Monday in September ; the meeting to bo 
Wled by the trustees, or, where none exist, by the Inspec- uotiee. 
tor.by notices posted in three public places within the 
Kotion, five days previoutdy, signed by tne trustees or the 
iiMfwctor, as the case rnay be. 

73. Attbeannaal school meeting the majority of thdH«MiDg,hi 
Wepiiyers, male and fcmide, ot the section present sbnll "^"i*^- 
cleul from their own number, or otherwise, a chairmao to 
Ceiide over the meeting, aod a seoretsry to record its 



182 PITKLIC INSTRUCTION. [PABT I 

Chap. 32. proceediogs ; and the Chairman shall decide all qaestioni 
~ of order, and shall take the votes of rate-payers only, an< 

Rate-payers to S^^^ ^ castiug Vote in caso of an equality of votes ; an( 
to^tJenSd'by *^® rate- payers shall, by a majority of those present, decide 
Motion. what amociDt shall be raised by the section to supplement 

the sums provided for public schools by the Province am 
county ; and shall also decide whether any and what sun 
shall be raised hr the purchase or building of school 
houses, for the purchase or impHrovement of school grounds 
or for general school purposes. 
iSaUwigedL** 74. If any person offering to vote at an annual or othe 
school meeting shall be challenged as not qualified, thi 
chairman presiding at such meeting shall require the pei 
son so oflFering to make the following deelaratiou : — 
Dedaration. « I Jq declare and affirm that I am a rate-payer; that 

reside in this school sectio4i, and tliat I am legally qualifiei 
to vote at this meeting.'' 

Every person making such declaration shall be permitt-ei 

to vote on all questions proposed at such meeting; but i 

any person shall refuse to make such declaration, his vot( 

Penalty for shall be rejected: provided always, that any person wb< 

faiHedecUrut'on. gjjj^lj wj|fui|y niako a falsc declaration of his right to vote 

shall be punishable by fine or imprirtonraent, at the discre 
tion of the Court, or by a penalty of not less than five bo 
more than ten dollars, to be recovered by the trustees o 
the section for its use as a private debt, 
icajorityof 75. In all cases where a school-house has been buil 

h^S^iSay^^" within any section, and is owned in shares, it shall b 
at meeting. Ac. competent for the majority in intere«t of the owners o 
shares to sell and dispose of the same, together with th 
land on which it is situate [provided such land belongs t 
the same parties wIk> own the house] to the section, ataa 
meeting duly held after ten days' notice of the objec 
thereof, at such price as the meeting shall determine, oraj 
may be realized at a public sale thereof duly advertised 
and the proceeds of sale shall be divided among the pro 
prietors in proportion to their shares in interest in tli( 
property. 

INSPECTORS. 

Inspector's i«y. 7g. Each Inspcctor shall receive semi-annually from thi 
Treasury the sum of one dollar and a half for each schoc 
inspected by him during the half-year; and for ever 
teacher regularly employed in his county a sum equal t 
five per cent, on one-half the average of the annual grant 
to the several classes of teachers, as specified in sectiom 
41 to 50 of this Chapter ; also an allowance for stationery 
poBtage and printing, not to exceed tea dollars for eaci 



TITU TIL] PUBLIC tHSTBDCTIOS. 18J 

Soard of Commisaiooers of which he is clerk. It shall be Chap 32. 

-the dnty of the inspector — ^^^ 

{\.) To act as clerk of each Board of School Commis- 
siooers within his county ; and to draw in November and raKt»iiiaA 
li&j in each year from theTroanury, upon the order ol the InTnTinw^ 
chairman, the provincial money, as provided by thid Chi»p- ^^SSfnun, 
ter, and promptly deliver to licenced teachers personally, 
or upon their written orders, thnir pruvinci^I allovvaacea 
and drafts npon the county or district treasurer : 
(2.) To give a bond to Her Mijesty, in double the sum Togtmbonda. 

5 ranted to nis county, fur the faitliful discharge oi the 
aties of his office: 

(3.) To keep a correct record o( the boundaries of each Tokwprmni 
ichool section in his county, and furnish, from time to uooi!™'"^ 
inhi, aTDCTjdeit copies of the same to the several sectiuna : 

(4.) To visit iind inspect, half-yearly, each school and th lupeot 
cbonty academy within liis county, and report fully npon ■*°°''- 
ib condition to the Board of Commissioners for the dia- 
Irict in which it is xituate, in conformity with instructions 
received from the Superintondeat ; and, in case of failure 
tavi«it any school, to indicate the fact and the cause in 
bis report : 

(a.) To furnish trustees and teachers such informatioa TaddM^sn 
^» they may require respecting the operation of this Chap- JlJ^^SSJS^. 
^rand the perlorm>ince of their duties, and especially to 
Utist teacliera in employing improved methods of impart- 
ing instrnction, claHsifyiug pupils, and conducting schools: 

(6.) To appoint a coiivonient place in each district td ipniint piu 
within his county whore all school returns shall be lodged, ISr^Stam^'* 
»D(i to give sufficient publicity to any such arrangement : 

(7.) To keep on h-tnd, and distribute as directed by the Biuktomu. 
Superintendent all iiecesmary blank forms and returns : 

(8.) To diffuse such information as siiall promote the B«hcioi-how« 
"ovement of school-liouses and grounds, and the appur- " *""" 
uces thereto ; 

(8.) lo report annually to the superintendent all fines T^»po«flB«. 
ttceived by him under this Chapter: 

(10.) To promote the advancement of education by To hold me* 
iomng public meetings as frequently as possible; and "*'■ 
especially to encourage tlio establishment of schools in 
nctians where none exist : 

(11.) To aid the Superintendent in carrying out a uni- to ^d mptrin- 
form system of education, and generally in giving effect to »™*^*- 
tlii» Chapter and the regnlutions of the Council of rublic 
lutrnction : 

(12.) To transmit to tho Superintendent, on or before td nuiu man* 
'he Rrst days of Docembor and June in each year, a state- "'"•p""- 
nivat ol tile half-yearly distribution ; and also by the first 
d&jrot Discember in each year, a generat report of his 



184 



PUBLIC INSn^UCfnON. 



[part 



Chap. 32. labors, noting the condition of the Rchools in his count 
and the means of improvement, stating the sections vis 
ted where schools did not exist, and the results of sue 
visitations ; and furnishing therewith such statistical it 
formation as the Superintendent may solicit. 

tioM^ScmS' '^'^' ^^^^ certificate of any inspector shall be receive 
tenninediniaw. in conrts of law as cvidencc of the boundaries of scho( 



sections. 



TEACHERS. 



To receive por- 
tion of grant, 
teacher must be 
Uoeoted. 



Duty of teach- 
ers. 

ITot to establish 
schools without 
agreement with 
trustees. 

To teach efBd- 
entiy, Ac. 



To call roll and 
keep register, 
Ac 



Toco-operate 
with trustees. 



To inculcate* 
principles of 
christian mo- 
rally. 



To have special 
regard to health 
and comfort of 
pnpils. 



To have special 
care of books, 
Ac. 



To reimburse 
trustees for de- 
struction of 
fchoo^property. 



78. No person shall be deemed qualified to receive 
under this Chapter, any portion of the moneys granted t< 
wards the support of county academies or common school 
unless holding a license from the Council of Public L 
struction. It shall be the duty of every Teacher — 

(1.) Not to attempt to establish a school in any sectio 
without first making an agreement with its trustees : 

(2.) To teach diligently and faithfully all the branche 
required to be taught in the school, and to maintain propc 
order and discipline therein, according to the engagemeni 
entered into with the trustees, and the provisions of th 
Chapter : 

(3.) To call the roll morning and afternoon, and otbe 
wise keep an accurate register in the manner prescribe 
by the Council of Public Instruction, on pain of liabilit 
to forfeiture of the public grants ; the register to be at a 
times open to the inspection of the trustees, visitor 
examiners, commissioners, inspectors, and superintendent 

(4.) To render, when necessary, the trustees all po 
sible assistance in classifying the pupils of the sectioi 
according to their attainments ; and, when requested b 
the trustees, to institute quarterly examinations, for tb 
purpose of transferring any pupils who may be prepare 
to another department : 

(5 ) To inculcate, by precept and example, a respec 
for religion and the principles of Christian morality, an 
the highest regard to truth, justice, love of country, loyalty 
humanity, benevolence, sobriety, industry, frugality, cha 
tity, temperance, and all other virtues : 

(6.) To give assiduous attention to the cleanlines 
health, and comfort of the pupils ; and to report to th 
trustees the appearance of any infectious or contagiot 
disease in the school : 

(7.) To have a special care to the usage of 8cho< 
books and apparatus, the neatness and order of the deaki 
and the cleanliness and ventilation of the schoolroom : 

(8.) To reimburse the trustees for any destruction c 
school property by the pupils which is clearly chargeabi 
to gross neglect or failure to enforce proper discipline o 
the part of the teacher. 



niLB TO.] PPBUC niSTEUOTIOH. 185 

(9.) To have dnring, or at the en<3 of each half-year, a Chap. 82* 
pnblic ezamiDation of the achool, of which notice ohall be io how pnbiia 
given to the parents aud trostees, and to school visitors emniiaOoM. 
resident in the section: 

(!0.) To give notice, through the pupils, of achool ^i""""""' 
meetings advertised by the Inspactor or trustees: "*"' 

(11.) To furnish the trustees, examiners, commission nirurnithoea- 
en, Inspector and Superintendent any information that r^^n^tuiD. 
maj be ill his power respecting anything connected with 
the school, or affecting its interest or character : 

(12.) To sign a certificate attached to the half-yearly J^jw^i'','*^ 
nlnrn, truly stating thut the achool register has been faith- tonu. 
full; and impartially kept, and that his or her school 
datiea have been punctually discharged. Any teacher 
jigniug a false certificate shall have his or her license 
ODcelled or enspended, as the Commissioners may decide. 

MISCBLLANBOUS. 

T9. Members of the Legislature, miniatera of religion, ^"^"^ 
ud magiatrates, shall be visitors of schools. °° ' 

60. The Superintendent, inspectors, teachera of tboBiemptiouor 
Kormal and Model Schnols, and licensed teachera while t^'^J^j^^ 
napl^yed va wwh, shall hw exempt from statute labor, and**^*"- 
from serving in finy town office, or on juries; and they, 
while so employed, shall be exempt from poll-tax and all 
other taxes [the stitne uot being for the support of schools] 
oa property to the value of two thousand dollars ; but they 
I shall be liable for any excess of that sum. Inspectors, 
I ftuberi! of the Normel Hchool, and licensed teachera, are 
klUIe to the school tax in full. The Superintendent ia 
■il^mpt from school taxes on property to the value of two 
rdwaaand dollars, but ia liable for any excess of that aum. 

81. The school year shall consii^t of a winter and a anm- winurud 
•sf term. The Winter Tarm ahull begin on the first day of '"'>'°^'«™"- 
Hovember, and end on the thirtieth day of April ; and the 
Suminer Term shell begin on the first day of May, and end 
I Mthe tbirty-firat day of October. 

I S2. The Governor in Council shall have power to np- ooTamotin 
point a Principal of the Normal and Model Schools, at b^,"„^'^j^^ 
■lar)' not exceeding twelve hundred dollars per annum, ^'™™*i»=™' 
*i» shall appoint suob assistants, with the approval of the 
Omrn;!! of Public Instruction, as may be found necessary. 

13. The following terms used in thia Chapter shall mean i>«flniUonat 
wherein defined, except where the context shall preclude t"™*- 
tDch dafinitioQ : — 
"Section": That portion of territory the achool or 
whiob may be presided over by a board of 



186 PUBLIC INSTBUCnoK. « [PABT L 

Chap. 32. '^ Border Section ": A sectioD embracing portions of 
two or more districts. 

** District ": That portion of territory, the schools of 
which may be under the general supervision of a Board of 
Commissioners. 

*' Rate-payer ": Any resident of a section rated in the 
county rate-roll in respect of real or personal property. 



CITY OF HALIFAX. 

coMtitatioB 84. The City of Halifax shall be one school section ; 

SoiSucJdi^i^ and there shall continue to be thirteen Commissioners of 
^^^^ schools for such City appointed [seven by the Governor in 

Council and six by the City Council] under the provisions 
of section 1 of Chapter 9 of the Acts of 1868, as modified 
by Chapter 27 of the Acts of 1869 ; and the thirteen Com- 
missioners thus appointed shall constitute a Board of 
School Commissioners for the City of Halifax ; and such 
Board shall be a body corporate, and may exercise all the 
powers and perform all the duties of trustees of public 
schools in and for the City. 
2i^cSS?n^ 85. All vacancies occurring by any means, either by the 
caodfls. death, retirement from the City Council, or otherwise, of 

any of such Commissioners appointed by such Council, dur- 
ing the current year after selection, shall be filled as soon 
as may be by the City Council ; and at the end ot such 
year the same members or any of them may be re-elected 
by such Council. 
S"«SmiJrioni^ 86. The Board of Commissioners shall take all neces- 
era. sary steps to provide sufficient school accommodation; and 

shall furnish annually to the Superintendent of Education 
a report of their proceedings under this Chapter: also re- 
turns of all schools subject to their control, and a state- 
ment of the appropriation of all moneys received and 
expended by them under the provisions of this Chapter. 
Board of com- §7, The Board of Commist^ioners are authorized to 

nuMionera may •ii 'ii/ r^» ii 

aid any city co-openitc With the govemiug body 01 any Oity school, on 
itbTafra?^*^^ such tcrms as to the Board shall seem right and proper^ so 
•^«>i- that the benefits of such school ma}' be as general as cir- 

cumstances will permit ; and the Board may make such 
allowance to any such school out of the funds undur their 
control, as shall be deemed just and equitable ; but no pub- 
lic funds shall be granted by them in support of any school 
unless the same be a free school. 
g2|»uadi 88. On request of the Board of Commissioners, specifj* 

reqttiradt^wm. ing the amouut required in addition to the sums provided 
Mb^'pvu-^!^ from the Provincial Treasury, for the yearly support and 
maintenance of the schools under their charge, the Qilj 



TITIS m.] PUBLIC INBIBDCTIOH. 18T 

Conucil sIibU be aDthorized, and are hereby required to add Chap. 32. 

a sum sufficient, after dedacting costs of collection and ' 

Drobable Insa, to yield tlie amount so speoifitid by the 

Board, to the gonerAl assessment of the City, to be levied 

and collected from the inhabitants thereof, and from pro- iiwia at umm- 

perty lying within the County, the owners whereof reside """*' 

in the City; and on the pnyment of the required fee, the 

City aseeswrs shall lurnisli to the trustees of Dartmouth 

or other school section, and the Clerk of the Peace for the 

Connty shall furnish to the City assessors, the information 

necessary in order to give effect to this provision. Any 

person who may have been assessed, both in the City and 

io Dartmouth, or any of the school sections in the County, 

in respect of such property, shall be entitled to receive 

back the amount paid by him, either in tiie City or in Dart- 

moDth or other school sections, as the case may be, in 

accordance with the foregoing construction of the law. 

Xhe sum 8o assessed shall be paid quarterly by the City 

Treasarer to the Board, upon the written order of the 

cliairman or vice^;hairman. Provided, however, that the km to aunsd 

Commissioners shall aot have power to assess the City for *^'°^' 

wiy greater sum than sixty thousand dollars in any one 

year, witliout the consent of the Governor in Council 

given at the request of such Commissioners. 

8&. The objects to be provided for by the Board of objscta prodded 
Commissioners out of the sum so assessed, shall be the i^^**^"*™' 
taisries of teachers and assistants, and of the secretary of 
Uie Board, the leasing of lands ar,d buildings for school 
pQTposes, the repairing and improving of gronnds and 
nvldingft, ih% clenuinf;,fviel, and insurance of schooLhouses, 
Uiepuroliase of proscribed Hchool books, the interest pay- 
Ale on debentures issued by the Board, and all other 
BXpenses required in the due execution of the different 
^wers aitd trusts vested in the Board by this Chapter. 

W. The Board of Commiesioners shall have power to Bmrdaujiwr- 
wiect and purcliase sites lor school buildings, and shall "»Si45iiS^ 
Mve power to borrow money for the purchase of the '"S*- 
•Me; as also for the purchfise or erection of school build- 
mgt, the improvement of school gronnds, and the purchase 
ii miitable furniture and apparatus for the schools under 
tlxiir control; hut the Comraissionera shall not enter into F»riM. 
lay ooDtmct for the purclmse of any land nor for the erec- 
tion of any school building until such contract has beea 
nbrailted to, and obtained the approval of the Governor 
ia CoDDoil. 

91. To enable the Commissioners to borrow money, BcudrnmriMw 
liiey may utsuv debenture^], in snch form, and for sncti ' 
earns ob they may decide upon, payable with interest ia 
LVBoijr-fiva jrearsfrom the diite thereof, free from taxation ; 



188 PUBLIC IN8TBUCT10N. [PART I. 

Chap. 32. ^^<^^ debentares to be a charge on the City of Halifax, and 

the interest thereon to be paid every six months, and to 

be included in the sum specified and required to be assessed 
upon the inhabitants of the City, as aforesaid. The deben- 
tures shall be sealed with the corporate seal of the Board, 
and shall be signed by the chairman, and countersigned by 
the secretary. 
iKtietopubUo 92. The Board of Commissioners are hereby invested 
(exSpfHaHfaJ with the title of all public school property, real and per- 
Bdiooi) ^ted in soual, withiu the City (with the exception of the Halifax 
miSooera*" Grammar School), and may sell and dispose of the same, 
or any part thereof, and with the proceeds may purchase 
new school-house sites, and erect new school-houses in 
such places and at such times as they may deem expedient. 
oiAirmanof 93, The Commissioner, whose name shall stand first on 

the list of appointments shall be Chairman of the Board ; 
and in his absence the commissioner next on the list 
present shall act as chairman, and the commissioners shall 
appoint their own secretary and fix his salary. 
Each male resi- 94. Evory male person of full age having been resident 
to pay one doT iu the City six mouths or upwards immediately previous to 
^'iSbiiow^ooii. ^^^ levying of the assessment in any year, not being as- 
sessed to the amount of one dollar for the support of pub- 
lic schools in respect of real or personal property, shall 
be assessed in the sum of one dollar for the support of 
such schools during the year ; but the City Council shall 
have power to exempt from the payment of such assess- 
ment any person whom they may deem unable to pay the 
same. 
Superintendent 95. The Superintendent of Education shall be empow 
IfoS^^I^^ ered to pay to the Board of Commissioners the grants pra 
teocheni. vided by law for teachers and assistants employed in the 

City. 
Commissioners 96. The Board of Commissiouers for the City shall bo 
SKrtwS^**' empowered to dispose of debentures, authorized under 

this Chapter, at current rates. 
Commissioners 97. The Board of Commissioners for the City shall be 
SnSSiy! *^'^^ entitled to receive a sum, in no case to exceed a thousand 

dollars annually, as remuneration for their services; such 
remuneration to be apportioned according to the prompt- 
ness and regularity of the attendance of the members of 
the Board, and the amount of labor performed by each, as 
the Board may decide. 
cityti«wurer 98. All moucys assessed on the City of Halifax foi 
mo?^ to^rd. oducational purposes, and in the hands of the City Tret- 
surer, shall be paid over by him to the Commissionert o1 
Schools for the City of Halifax, at the times and in tht 
manner hereinbefore provided. 



niU TUL] THE POOR. 189 

89. The CommUaionerfl of Schools for the City ot Cbap, 33. 
flsti&x are authorised to effect iaearaaoes oa aonool- commii^ri" 

baOSeS. m>; Imiin 

WO. The provitiioat) of this CItaptor, except as herein so^tnr"^^ 
otherwise specified, shall apply to the City of Halifax ; >io" orc^S^ 
provided that the pnpils ot any ward shall be entitled to 'pp'v" ^^0... 
Bobool privileges iu any other ward. 



TITLE VIII. 

OF THE POOR. 
CHAPTER 33. 

OF THE BBTTLEURNT AND SUPPORT OF THE POOB. 

1. The words "township" and "settlement" when DuflnUionor 
Wd io this Title, shall be hold to mean any district set off*^™"' 
Ud established as a district for the enpport of the poor. 

i The grand jury ^hall annonlly at the sessions nomi-ovenHnof 
■ate ten freeholders out of every township, of whom the ^nied?*"'' 
cuort ahatl appuiui five to be Overseers of the Poor; and 
ifny person so appointed shall cease to reside in the 
I towDsliip, or ehnll die within the period for which he was 
■ ippointed, any two justices of the county may appoint 
Wlp^r to act instead until the next meeting of the grand 
^■saod court of sessions; and such overseers and their 
^^■easors in ofGce shall he a body corporate. 

^^L Every person who has lived as a hired servant one setciiment, how 
piNs year therein, under an agreement to serve the same S''i>i«d- 
l '■Mter one whole year tiien next before application for 
i, Talitf, or has executed a public annual office therein, or 
'' hHbeen Assessed and pnid bis share of poor and county 
nlw iu the township during one year at one time, shall be 
aMitl«d to a settlement; and any person who shall have Penoiu anutiaii 
ntidti in any poor district for five years consecutively, j^ J,^^™^' 
tfter arriving at the age oi twenty^>ne years, and who 
during tliat time shall out have received aid from the Over- 
Mera ol the Poor as a pauper, shall have a settlement in 
tacb poor district; and all persons under the age of twenty- Dndntgg. 
ooe yoara who have served an apprenticeship within any 
poor distriot to any trade for the space of two years, shall 
Base a aettlesMOt therein. 



190 THE POOR. [PABt I 

Chap. 33. 4* 1*he settlement of any legitimate child shall be tha 
Betticmaitof " o* ^^^ father, if the father have any ; if not, that of th< 
chUdren. mother, if the mother have any. Illegitimate children shal 

have the settlement of the mother, if the mother have anv 
( but in case a child has no Bettlement by parentage, th* 

birth-place ot such child shall be the place of settlement. 
Settlement of 5. A married woman shall have the settlement of he 
married women, i^ygl^^jj J if the husband have any; if not, her own settle 

ment, if she have any, shall not be suspended by he 
marriage. 
S^tooMse. 6- ^ \eg^\ settlement shall cease when a new one i 

gained, and shall not revive. 
incMeof divi- 7. When a poor district shall be divided or a new dis 
•Ion of district, ^^j^^ created, the settlement of any person dwelling withii 
such divided or newly created poor district shall bo withii 
the limits ot the district in which such person may hav 
dwelt at the time of such division or creation. 
Proceedings 8. Any persoo applying to the Overseers of Poor of an; 

gJJPJJJJj^^^^ township for relief who shall not have obtained a settle 
pauper. mcut therein, shall bo required to declare on oath before 

justice of the peace his last place of residence ; and if h 
be found to have gained a settlement within the Province 
a copy of the declaration certified by the justice, with th 
amount of expense incurred, shall be transmitied to th 
Overseers of the Poor of the township to which suoh pe 
son belongs, 
u the overseers 9. If such last mentioned Overseers refuse or neglec 
hia^tS'S?eSt to remove such person, two justices by a warrant aha 
refuse to remove (jau 80 such pcrsou to be removed to the township where 
for his removal last Settlement has been obtained ; and the Overseers ot tb 
"*^ Poor there shall receive such person and pay to the Ovo 

^ seers of the first named township the necessary expen< 
incurred about his removal. If the Overseers of the lai 
named township have no money in hand to pay snob e: 
pense, they shall stand charged therewith until the uei 
assessment made on the township to which such perso 
belongs. 
Examination. 10. lu the ovout of any paupor whose examination i 
whOTjjauper ^^^ ^^ Docessary to take as to his last place of settlemeo 

being insane, or otherwise incapable or incompetent t 

undergo such examination, any justice may take such othe 

testimony under oath as to the settlement of such panpe 

as to such justice may appear satisfactory ; and thereupoi 

such pauper may be removed as if he had been personall 

examined. 

Personsnearof H. The father, grandfather, mother, grandmother, obi 

i^^iredto^,' dren and grand children respectively, of every old, blioi 

^l^l^toti^ lame, impotent or other poor person not able to work, bain 

of sufficient ability, shall relieve and maintain at their on 



niLt TUL] THB POOR. 191 

cbarge every Bach poor person as a general or apeoial Chap. 33. 
HflBions shall direct, and, in case of refusal, shall furfeit one 
dollar per week for such poor person, to be sued for in the 
name of the OverHeern of the Poor. 

12. Where any husband or father shall forsake his wife ^"'7*^'ir*'- 
or children, or any widow shail forsake her children and their (™ue» 
leave thema public charge, two justices, on the npplication ^Iti^lS^ 
of the Overseers of the township, shall issue a warrant to "^^'"*'^' 
seize the goods, and to let out and receive the annual rents 

uid profits of the lands of such husband, father, or widow 
towards the mnintenance of such wife, child, or children ; 
and when the seizure slmll be confirmed by the sessions 
My two overHeers may, as occasion shall require, dispose 
at public sale of snch goods or so much thereof as shall be 
neceaaary, and shall apply the pruceeds towards the uiain- 
tennuce of snch dustitute persons. 

13. The children of deceased parents who have gained ?^Jij"^'" 
k lettlement in any township shall, if paupers, be supported putuutuT' 
by anch township. »etttan™t. 

14. If any overseers on behalf of the township or any App^upre- 
other person shall feel aggrieved by any proceedings under .^1^^'*"'*' 
Ais Chapter, such overseers or person may appeal to the 

Dext sessions to be held for the county where the township 

iiurthe person shall reside, and the sessions shall hear 

ud determine the same; but in case of disputed settle- ^^<i" 

Mnt an appeal shall lie from their decision to the next ' *" 

Unn 111 the titipTemo Court in the county or to a judge at 

chambers. 

15. If the justices on an appeal concerning the settle- 
BHit of a poor p'*rsoii determine that such [)oor person 

Lvis nnduly removed, tiiay shall then or at a future sessions 
rder to be paid to thd appellants any money that may 
«vo been paid by such appellants, or may be due from 
them a« Overseers on account of snch poor person between 
tbe time of the undue removal and the determination of 
the appeal, the same to be recovered as hereinafter pro- 
TJded. 

IS. Upon the determination of an appeal concerning OoatiaamnM. 
tbe settlement of a poor person, or upon proof of notice Mmi. "*' 
D appeal given by the appellant to the adverse party, 
~S the appeal be not prosecuted, the justices shall 
rat a future sessions order to the successful party 
M, or to the p^irty notified if not further prosecuted, 
||w«ta as in their discretion are reasonable, to be taxed 
Ullowed according to the rates adopted in the Supreme 
ft. wbicb shall be puid by the ausncceseful party or 
_Jj»rlv fd^ing such notice. 

17. ff the Overseers or other person ordered to pay ^"^^S^iSS^ 
BOob sou of money or costs, shall after service of a copy of 'annnd. 



192 THE POOR. [PAST I. 

Chap. 33. s^<^b order refase to paj the same, the party in whose favor 
such order is made may sue for and recover the amoant as 
if it were a private debt with costs ; and the productioil^ 
and proof on the trial of the order or copy thereof and of 
the service thereof shall be sufficient proof of the debt. 
TownsUps liable 18. Evcry township shall be liable to pay any expense 
^r^^notice. which shall nccessarily be incurred for the relief of a 
pauper by any person who is not liable by law for his sap- 
port, after notice and request made to the Overseers of 
the township, and until provision shall be made by them. 
Penaitrforim- 19. If any persou shall bring any poor aad indigent 
mga^rtu^^ person into any township where such person has not a 
into a township, fawful Settlement, knowing him to be poor and indigent, 
and shall leave him therein with intent to charge such 
township with his support, he shall forfeit a sum not exceed- 
ing eighty dollars for every such oflFencp. 
Town meetings, 20. The inhabitants of every township liable to pay 
hoidS«"'°' poor rates shall hold two meetings annually if necessary, 
. to provide for the support of their poor, which shall be 
held on the first Mondays of April and November, except 
in the township of Dartmouth, wherein the first of such 
annual meetings shall be held on the first Monday oi 
March. 
overaeersto 21. The Oversccrs of the Poor in the several townships 

by^v^rw°^ shall, at least ten days before the times appointed for hold- 
ment. jjj^ meetings to provide for the support of the poor, cause 

advertisements 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 forty dollars. 
Proceedings at 22. Tho inhabitants present at such meetings having 
M>^S Voted: first chosen a chairman to preside, shall vote such sums of 
aasewors chosen, money as they shall judge necessary for the support of the 
poor for the current year, or until the next meeting, and 
incidental expenses connected therewith ; and shall choose 
as many collectors as they shall 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 aot 
as clerk to the Overseers of the Poor for the district ; aad 
2?'^''*^^^°**''' such inhabitants shall award to their clerk a reasonable 
remuneration, to be fixed at such meeting, and added to 
the amount to be assessed on the district. In case of 
failure of the inhabitants of any district to appoint a 
clerk of such district as hereinbefore provided and tfQ 
award him remuneration, it shall be lawful for the Over- 
seers of the Poor of such district to appoint such oASm^c 
and to remunerate him for his services. 



TRU Tin.] TBI FOOB. 103 

23. If the basioess of the meetiDg cannot be oocapleted Chap. 33. 
on the daya above respectively oained, the chairman, with Mg,tiiif« mty' 
the consent of the majority of those present, shall adjoarn be idionnnd. « 
tbe meeting as occasion may require to conclade the"""™*^' 
biwiness. 

34. If the money voted at any meeting shall be insul- DeMcodMoi 
Gcient for the sapport of the poor, the inhabitants at their SSS^tre^ 
Mit meeting shall vote sufficient to make good tbe dt»- 1)^* °"«i^ 
fieiency. 

S5. The inhabitants, if deemed advisable, may at snch PooriirKuamiv 
meeting determine to erect or hire a building for a poor im^h^'^^'^ 
bouse, and may vote money for that parpose and for the EJjJJ- ■" 
umnal repairs and other necessary expenses connected 
therewith ; and thereupon the Overseers shall proceed to 
hire or erect a bnilding as directed, the title and interest 
inirhich, when conveyed to them, shall vest in them and 
their eucceaeors in offioe as a body corporate. The Over- 
leers shall have the coatrol and management ot the poor 
house and tlie sapervision and governmeut of the inmates, 
lod may appoint the oiScera and keepers thereof, and may 

Cichase materinia opoa which the labor of the poor may 
profitably employed. They shall anoaally submit an 
UcoQut of their proceedings and of the general state of 
IheiafltitutioQ and of tbeir receipts and expenditures, for 
IheexamiiiattoD and audit of the sessions. 

26. i^eparate suits shall not in future be brought ^ 
agiinst defaulters ; but every collector shall make a gene- S'^^'Si/^^ 
ral return to a justice within the township, or, if none ^^fH^t^im'"^^ 
reside there, to any justice of the county, of every person givon, to««, 4t. 
DpoQ his list, who, alter demand made, shall not have paid 
his rate ; — and the colltictor shall make oath in writing be- 
fore Buch justice, eeitiog forth the name of every defaulter, 
the sum assessed, that the demand has been made, and that 
the rate is unpaid ; cind thereupon such justice shall forth- 
with issue a general warrant of distress against tbe several 
de&nlters in the form in the Schedule, directed to a 
cosstable or to such collector, commanding him to levy 
upon tbe goods of each person named in the warrant the 
•OBI dne by such person, with constable's or collector's 
aad jastice'a fees. The constable or collector shall forth- 
wjtfa execute the warrant and pay over the amount col- 
iact«d to the Overseers. The justice's fee for snch war- 
iiiDtaball be seventy cents, and the constable's or collec- 
tor's fee for each person in the warrant shall be twenty 
ceots: but the constable or collector shall have no travel- 
ling feM or poundage, and the justice's fee shall be appor- 
tioned among the several persons, if more than one, in tbe 
mrnuit. 

13 



194 THE POOR. [PART 1 

Chap. 33. 27. The justices in general or special sessions, as th< 
Appeiuuitotobe' ^*s® ^^7 ^e, may relieve appellants as they shall see fit 
reiferedbythe and may order the Overseers of the Poor to refund an^ 

excess of rates collected. 
Parties lUbie to 28. No person shall be assessed lor the support of the 
be«««ed. p^Q^ ^^i^^g^ j^ ^j^^ ^pj^j^^ ^f ^j^^ assessors, he is able t< 

pay a rate of at least twenty cents annually, 
oiremtedper- 29. If any persou think himself over-rated he maj 
tool mayappeai. appeal to the uext sessious or to the next special sessioni 
to be held for hearing such appeals, in the county oi 
district wherein the assessment was made ; and the ordei 
of such court of appeal shall be final. 
Appropriation 30. The Oversecrs shall apply all sums of money votec 
teotow°SSy te* and received by them for the purposes specified ; anc 
tuedbyoverseew. ^^y collector or constablo who shall neglect to pay ovei 
to the Overseers any sum by him collected may be 8ue< 
by them ; and the amount shall be recovered as if it wen 
a private debt, 
▲ooountsof 31. The Overseers of the Poor shall within one month 

andf^V^-^ after the expiration of their term of office render to the Clerf 
dered. of the Poace of the county in which they reside, to be laid 

before a general or special sessions, an account of all 
moneys 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 term of office shall 
deliver the same, and any money in hand unexpended, 
to their succestfors. 
B«Bsion8 to andit 32. The general or special sessions shall examine the 
aoooun . accouuts of Overseers of the Poor when so submitted, and 

shall allow or disallow the same as shall seem proper, and 
determine the just balance that may be due thereon. 
Pine for refuaai 33. Every pcrsou appointed an Overseer of Poor who 
towrveasover- ^j^^jj ygf^g^ ^^ scrvo shall forfeit twenty dollars, to bo re- 
covered by the Overseers of the Poor next in office for the 
same place. 
Pine for neglect. 34. Ovorseers of Poor who shall not within one month 
accounts ^ after the expiration of their term of office render to the 
, Clerk of the Peace an account of all sums of money re- 
ceived and expended by them, shall forfeit twenty dollars. 
Townships 35. If the inhabitants of any township shall neglect to 

2k!'^in earner meet as required, or having met, shall neglect to make 
fo^itSjJJrtoT* adequate provision for the support of their poor, the jus- 
p^'- tices in session or any special sessions called for the pur- 

pose, shall, on the application of the Overseers of the Poor 
for such township, amerce the same in a sum necessary for 
that purpose ; and if such justices refuse or neglect to 



TITLB Tin.] THK FOOB. 195 

make sacb amercement, a judge of the Supreme Court Chap. 33. 
•hall do 80. 

36. Everv persoD appointed a collector who shall refuBe^Jj^^"- 
to serve shall forfeit eight doUara, and another collector ' *""' 
aball forthwttU be appointed in bis place. 

37. Every collector shall collect the whole rate as f*fSi^!J^~!^ 
as may be practicable, and shall account with and pay over o™rioowmoer. 
the same to the Overseers within three months from tbe™^SiSr' "" 
time at which he shall receive Che rate list ; and, upon 
neglect bo to acconut and pay, the same may be recovered 

by the Overseers as a private debt. 

38. Every collector who shall neglect for thirty daysnneiorooiiBcicr 
after acceptance of office to perform the duty thereof, shall "^ "* "^^ 
forfeit twenty dollars. 

39. When any person shall apply for and obtain relief p™"™*'* 
bum the Overseers, and it shall happen that sncli personRfimdtiM 
vasat tbe time possessed of or entitled to any property, """""""*■ 
ODt of which tlie expenses ao 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- 
ntedebt; and any money recovered shall be accounted 
for by BQch Overseers as other public money. 

40. No person boing an assessor shall on that account A»i«»i»»t 
be exempt from assessmenta ; and any assessor who shall 
neglect to assess himself in a just proportion, shall forfeit 
tventy dollars. 

41. The sessions shall establish the rate of commission OommMoBa 
to be allowed to collectors of poor rates, but the same shall 
Ht exceed five per cent. 

42. All forfoitures under this Chapter when recovered, itarteito™, how 
Bhallbe applied to the support of the poor of the town-'"'' 
ihip. 

43. The inhabitants at one of their meetings may, ifcierminiwoi- 
lhBy see fit, provide a salary for an ofGcer to be called Ip^'ilJ^;'" 
ulerkand treasurer of the district, and thereupon may ap-^j^'J"''* 
ptiota person, not being an overseer, assessor or collector, 
tofill the ofHce. He shall give a bond to the Overseers by 
their name of ofEce, with two sureties, Yn double the 
■DivQDt of the annual assessment, or thereabonts, con- 
ditioned (or the Ifiithful discbarge of his duty, and shall 
be RWoro into ofBco. 

4A. The clerk shall be tinder the direction of the town SotyDteidk. 
■eetiag while in session, aad shall keep a correct record 
r ol it« proceedings from time to time in a book to be fur- 
I oiahed him for that purpcsa, which book shall be open for 
tOBpection to all rate-payers at all reasonable times. He 
sbaJ] otiaifit the assessors, when required, in writing out and 
copytne rate bills ; he shall assist the Overseers in making 
op thuir accounts, and shall audit and check the same. 



196 THE POOR. [PART I 

Chap. 33. *5. The treasurer shall be under the direction of the 
Datyoftrea- towusliip meeting while in session, and he shall be author 
•uTw. ized to give receipts and discharges to collectors for moneys 

paid by them to him, and he shall pay over moneys so re- 
ceived, upon orders addressed to him in that behalf by the 
Overseers ; he shall file away for future reference all ac- 
counts, papers and vouchers relating to his office, and 
produce the same when required by the town meeting or 
the Overseers, and shall generally discharge the duties of 
clerk and treasurer to the district ; he shall not receive oi 
take any commissions 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 oi 
the town meeting. 
Chapter Jhow for 46. This Chapter shall extend to the City of Halifax in 
oi^ofHai&x. all cases whore its provisions are not inconsistent with 
those in the act concerning the City, passed in the session 
of 1864, and the amendments thereto, 
samepersoomay 47. The meeting may appoint one and the same person 
tetjawrei^*^ to be clerk and .treasurer if they see fit. 
Board of poor 48. It shall uot hereafter be lawful for the Overseers to 
n^itobeauo- provide for the maintenance of the poor by putting up the 

same at public auction. 
Poor and munty 49. lu issuing general warrants for the collection of 
Poor rates and County rates payable at the same time and 
to the same collector, the defaulters for both rates shall be 
included in one warrant ; and the form of the warrant in 
the Schedule to this Chapter, or that in Schedule F of 
Chapter 21, so altered as to answer the purpose of collect- 
ing both rates, shall be used. 

SCHEDULE. 

Form of general warrant of distress. 

County of ) To A. B., one of the constables (or C. D.^ 

, 3 one of the collectors) of the said 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 , (or of you tks 

said 0. J?., collector as qfo^'esuid) 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 dt^ 
tress of the goods and chattels of the persona mentioned 



rat96 in same 
warrant. 



TTTIB Tin.] POOB D18TBICT8. Wt 

in the Schedole ; aud if witbio the space of five days uext Chap. 34. 
after Bucb distress by you taken the sums in the Schedule 
«et oppoeita their respective names, together with their 
proportioD ot jnBtice's and coDstable's (or coUedor'a) fees, 
And the necessary charges of taking and keeping the dis- 
tress, be not paid by each of them respectively, that then 
jron do sell the goods and chattels of sucb of them as shall 
not have paid SQcb sums with fees as above mentioned; 
and out of the moneys arising from such sale you do forth- 
with pay over the gums so due by them respectively to the 
OTerseera of the I'oor. together with the justice's and 
cooatable'a (or ooUector'a) fees, if aoy ; and that you do 
render to the owners of the goods respectively apoo 
demand the surplus rnmaining from sucb sale, the necessary 
charges of taking, keeping anil belling the distress being 
6r&t deducted. And if no such distress can be made, that 
then you certify the same to me. 

Given under my hand aud seal the day of , 

A.D. 18— . 

(Signed) E. F., vl. P. (Seal.) 






CHAPTER 34. 

OF POOB DiaXEICTB. 



1. Poor districts as now established shall so continue p<wt diitrist* 
nalil altered by law. ™iirc»*. 

2. If twenty or more of the rate-payers within any piBttMmtv 
township established for the support of poor shall, by ^^,^S^ 
petition, apply to the court of sessions, stating their desire ^^™^^ 
ibstsuch township shcmid be divided into two or moro ingcu.*. 
diBlricts, and setting forth the proposed boundarius there- 
(f,tiie court may, If they think tit, pass an order calling 
»fm the parties interested to shew cause at the uext ses- 
Mnns wtiy such division should not be made. 

3. Copies of Buch order, setting forth particularly snch ^jteiteba 
proposed boundaries, shall be posted up in at least five of """^ 
Ibe most public places within the township sought to be 
^^MJded, for at laasl thirty days next previous to the enso- 
^^■e sessioDS. 

^^H^ At Boch sessions the court may, if they think fit, ordmoMTbe 
^■l* M order dividing tlie township, either by the bound- ^".^^(^ 
ariea «o proposed, or by euch other boundaries as may be totrtBt.^tt 
deemed proper, into as many districts as may be thought 
AecoMiinr mt the future support of the poor within the 

^^tmamm-^mtHttm. fwrnn ;,]• designation tO Sach. 



198 BASTARD CHIIiDREN. [PABT 1. 

Chap. 35. 5. The sessions shall thereupon also ascertain the num- 
Beasions may, by ^^^ ^^ paiipers then chargeable on the whole township 
order,adju*t' divided and the amount required for their support, and by 
thesuwportof ordcr direct the proportion to be borne by each of snob 
prewsnt paupers, j^^^ distHcts ; and thereafter the expenses of paupers 

shall be chargeable on the district in which a settlement 
shall have been gained. 
Sessions may 6. The court of scssious may at any time alter or make 
J^J^^aidrobse- ^ucw any order in relation to the expenses of paupers, 
qaent orders, chargeable at the date of their first order on the whole 
township, ^thereby to effect a more equal distribution oi 
such expenses rendered necessary by any increase or dimi- 
nution thereof. 
Bates pending at 7. All ratos, asscssmcnts, suits or actions, pending at 

nottolrebyV ^^® ^^^® ^^ ^^^^ ^^^^ Order, may be prosecuted, levied and 
%iaiidated. Collected, as if such division had not been made. 



CHAPTER 35. 

OP THE MAINTENANCE OF BASTARD CHILDREN. 



Information of I. If any womau shall become pregnant with a bastard 

JJ^,J*£;^5"* child likfclf to become chargeable to any township, she 

cbiWfh«j^*aken, ghall niakp'oath in writing before a justice for the county 

warrant thereon, wherc shc residcs that slic is 80 pregnant, and who is the 

father of the child ; and such justice shall forthwith issue 

his warrant to apprehend the reputed father and cause bin 

to be brought before him or some other justice of the 

county. 

Keputed father 2. The reputcd father when brought before a justice 

^ndimJtiUfter shall be required, to enter into a bond, with a surety, tc 

the birth. indcmuiiy such township until after the birth of the child 

and until an order of filiation shall be made thereon, oi 

till the reputed father be discharged on examination and 

hearing preparatory to the passing such order ; and in 

default shall be comHiitted to jail to remain until sucl 

examination and hearing can be had or such bond givea 

Hearing after 3. As soou as Convenient after the birth of the child 

^5£.'5*fliia- f^wo justices, on application of an overseer of the poor oi 

^^on. some substantial householder of such township, shall issue 

a warrant to bring the mother and reputed father befon 

them at a time and place therein mentioned, and shall heai 

the evidence of the mother, the reputed father, and of au} 

other person, and shall either discharge the reputed &thm 

or make an order of filiation to indemnify the townshif 

for the expenses connected with the lying in and mam 

tenance of the mother and the birth and mainteaaoee ol 



XITLK TBI.] BASTARD CHILDBBK. 199 

-the child to the date of the order, and that the reputed Chap. 35. 

father pay each eum weekly as they shall consider right, 

s-enpect being had to hia ability, tbwards the support of 
fcbe bastard child nbile chargeable to Bitch toweshlp. 

4. If the person against whom any warrant shall iaane wbovnpaMd 
»» Oder the provisions of this Chapter shall not be foond Jj^J^I^^SoS™'' 
^vithin the jurisdiction of the justice or jasticoa iaeuingi""^'*!™""- 
the same, or if he shall be suapected to be in any place (i™d^. *' 
-^thiu the Province, a justice of the county or place where 
such person shall be or be suspected to be, upon proof 
made npon oath of the handwriting of the justice or jus- 
tices issaiog the warrant, may make an endorsement aa 
nearly aa may be in the form hereto annexed, upon such 
warrant, signed with bis name, and authorizing the execu- 
tion thereof as thereon endorsed, and the carrying of the 
peraoD therein named, when apprehended before the jus- 
tice or juaticea who first issued the warrant. 

5. The reputed fnthor sliall then enter into a bond with Btpntod iath«r 
ene surety to fulfil the order of filiation, or shall pay to the t^JiSt^,^ 
Overseers of the Poor eighty dollars for the support of J^^^'l^ji^ 
ach Buch child or other town naea; and in default shall •iiD™tJu im- 
be forthwith committed to jail for a time not to exceed six ^ """*" 
DODtbs, or until be shall have entered into such bond or 

paid the eighty dollars. 

6. In case a party on whom an order of filiation has wivnpmMioB 
bean made shall fail to ^\re bonds to fulfil tho same, or SS^'^jJ^^jJ. 
•tail fail to pay to the Overaeera of the Poor the sum of "•^'■"■^'IX 
«^ty dollars, as required by aaction five, or shall not have ■ndUnMim. 
beeo committed to jail thereunder, it shall be lawful for]SiSfii7 
>vo justices of the pence, on application of an overseer of ^^S^*~***' 
tbepoor or some substantial houaeholder of the said town- 

■hip, to issue a warrant of distress against anch party, 
directed to a constable, commanding him to levy off the 
foods and chattels of such person tho said sum of eighty 
OoUsrSp with constablo's and justice's fees ; which sum 
»hen so collected shall be paid over to the overseers of 
^ poor for iho support ot auch child or other town pur- 
P0M«, and fliich proceeding shall relieve the said party 
n»oi furtlior liability in reference to such order of filiation. 

7. If the mother of a bastard child shall not previoaaly intonnuiini 
to iU birth have made oatti in writing before a justice dis- ,;;JSSli*5jS, 
cfasiog tho reputed father, any justice may at any time wrui. •nd j™- 
irithio three months after the birth, on application of an (StomJ""" 
overseer of the poor of the township where the child has 
h«ea »ir h likely to become chargeable, take the oath of 
t^e mother in writing, deolaring who is the father of sach 
child; and thereupon two jaetices shall issue a warrant to 
bring the reputed father and mother before them at a time 
ftwlp4iM« Ibereis named, and anch' proceedings shall be 



200 BASTARP CHILDREN. [PART 1 

Chap. 36. h^ thereon ai$ directed in cases where the mother hai 

disclosed the name of the father before the birth. 

When xvpated 8. If any repntod father shall conceal himself or so avoi< 

w5,*^wof* service of a warrant that he cannot be brought before thi 

^^^gjy^ justices as therein directed for hearing and examination 

wDoen^rooeed- then they may make up their order of filiation in his absence 

^^ and issue their warrant to bring him before them at i 

subsequent day and place therein mentioned, to shew cauw 

why he should not obey the order and enter into a bone 

to indemnify the township from the charge of such child. 

Such order may 9. At the time aud placo appointed the justices shal 

ooiS^?OT^ro- proceed to confirm, reverse or modify such order, or make i 

wjg; pro- new order of filiation, as may seem right; and thereupoi 

thereon. the roputcd father shall immediately enter into a bond witt 

one surety to perform the order so confirmed, modified o: 

made anew, or shall pay eighty dollars for the support o 

the child or other town uses ; aud in default shall be liabh 

to the penalties and imprisonment herein before prescribec 

for non-performance of an order of filiation. 

Appeal from or- 10. If either party feel aggrieved by an order of filiatioi 

derof filiation, q^ by the rcfusal to make such order^ he may appeal to thf 

next Term of the 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 anc 

tried by a jury as a civil action, and the order of filiatioi 

confirmed or quashed, and the decision of such court shal 

be final ; but before such appeal shall be granted the re 

puted father shall enter into a bond with one suret} 

approved by the justices making the order, to perform tlx 

order of filiation, if confirmed, and in such case to pay tin 

costs incurred by the overseers in consequence of thi 

appeal. 

Power of jut- 11. Upou the examination and hearing preparatory U 

S^eMMin^^ making an order of filiation, the justices may direct tba 

maidngorder^. ^fae mother shall bear a part or the whole of the expense 

of the maintenance of such child, either by nursing thi 

child or as otherwise directed in the order of filiatioUi o 

make any other order in relation thereto. 

SebS^'dSth ^^' '^^^ overseers for any township may sue in thei 

or removal from Qwu uamcs upou any bond entered into under this Ghaptei 

abate rait! '^^ whether made to them or their predecessors in office ; aa< 

such suit shall not abate by the death or removal froo 

office of such Overseers of Poor or any of them. 

vrnma. 13. The following forms shall be used and adhered t* 

as nearly as may be : — 

Examination of mother previous to birth of ohild. 

County of SS. 

The examination of A. B., of , in the Oountj^ c 




nm VlfL] BASTARD CHILDBSS. 201 

— , lakeo oo oath before me, who deposeth that she is Chap. 35. 

with child which is likely to be born a bastard and to be 

chargeable to the Township of .and that C. D., of 

, ia the fetber of such child. 

A. B. 

Sfforn before me, this day of A. D., 18. — 

E. F., J. P. 

Warrant to apprehend tk« reputed /other before the birth. 

Conntyof SS. ^ 

To aoy oi the constables of the said Connty. 

Whereas A. B. of , in the said County, hath by 

bar ezaminatioa id writioe, taken nponoath before me this 
%, declared herself to be with onild, which is likely to 
be bom a bastard, and to be chargeable to the Township 

</ and that C. D. of is the fother of snob 

child, I do hereby command yon to apprehend the said 0. 
D., and bring him before me or some other Jastice for the 
nid Coanty, to find security to perform any order of 
filittion that may be made ; or to defanlt thereof to corn- 
ait bim to jail, there to remain tmtil an order of filidtioo 
ibdl be made. 

Witness my hand and seal this day of , 

A.D.,18— . 

E. F., J. P. (Seal.) 

form of a commUment where a routed father when brought 
npbe/ore birth of child r^uaee to enter inio boJid <^ in- 
iemnity. to he endorsed on the warrant. 

Whereas the within named C. D. no* before me hath 
Fued to eater into a. sufficient bond to perform an order 
'ition if made, I hereby order that he be committed 
11, there to remaio until he shall have given such 
or be bronght up for further examination in the 
pnioiBee. 

Witness my hand and eeal, this day of , 

A.D.,I8-. - ' 

E. F., J. P. (seal.) 

UndorsemeiU baching a warrant. 

CooDtyof . 

Whereas proof upon oath has this day been made before 

■* , a Justice of tie Peace for the County of , 

that the name of , to the within warrant subscribed, 

it the handwriting of the Justice of the Peace within meo- 

tioDed : I do therefore hereby authorize A. B.; who hringeth 

^|;)8ftihi> wammt) md all other persons to whom the same was 



202 BASTARD CHILDREN. [PABT I. 

Chap. 35. original^r 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 lor Justices, as the case may 6c] who 
issued such warrant, to be further dealt with according to 
law. 

Given under my hand, this day of , A. D. 18 — . 

E. F., Justice of the Peace for • 

Examination of mother after the birth of child. 

County ctf , SS. 

The examination of A. B., of , in the said County 

, taken upon oath before me, who deposeth that on 

the day of — — — , last past, 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 C. D., of , is the father of such 

child. 

A. B. 

Sworn to before me, this day of , A. D. 18—. 



£. r.f 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 Overseers of the Poor for the Township of — — -, in 
the said County, and their successors in office, in «— — 
dollars, 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 as by 
himself; our and each of our heirs, executors and adminis* 
trators, 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, th&t if the 
said C. D., his executors or administrators, do and shall 
perform any order of filiation that may be made upon hia 
m the premises, then this obligation to be void. 

C. a fsesL) 
Signed, sealed and delivered,) G.H. (seaL) 

in presence of 
J.K. 



TITLI TTU-] BABTABD CHILDREN^ 203 

Jfarrant io bring up mother and routed father after birth Chap. 35. 

(^ child. 

Qffimij ol , SS. 

To any of the constables of the said County. 

Whereas A. B. of , in the said County , hath 

by her examination in writing on oath, taken before ua, 

dedared that oa the day of last past, she was 

delivered of a [male or/emate] bastard child, in the Town- 

ihip of - -- ' ■. and that C. D, of , is the father of 

inch child, and that anch child is now living and charee- 

ibie to the Township of , and the Overseers of the 

Poor of BQch Township have applied to ns to issue this 
varraDt; 
These are to command yon that you briag the said A. 

B-and the said C. D. respectively before ns at the 

rf , in the said County, on the day of ■■-, 

■t the hour of -, to be by ub farther examined, that we 

Bij make anch order thereon as to right may appertain, 
lid also that you do personally attend at the same time 
' iDO place. 

Witness oar hands and seals thia day of , 

1 D., 18—. 

E. P., J. P. (seal.) 
L. M., J. P. (aeal.) 

Order of ^icdion. 

hBnty of , SS. 

iThe order of E. F. and L, M., Esqaires, two Justices for 
^■aid County, concerniiig a [male or/aaaie'] bastard child 

ly born in the Township of , of A. B. 

rhereas upon the oath of the said A. B. it hath appeared 

t ns that oo tbo day of last past, she was 

vered of a \male or/emaW] baatard child in the 'I'own- 

ft«f , and that suuh child ia now chargeable to 

Township of , and likely so to continne, and that 

Kof ia the father of such child : 

And whureaa tlie said C. D. hath been brought before 

j tl8 by onr warrraiit [or " hath re/used to appear,'' as the case 

■ay(e] to answer the premises, bat hath not shewn su£B- 

cieDt cause why be shall not be deemed to be the father of 

L Ike child; 

I Wherefore upon an investigation of the matter as well 

r m»o the oath of tho said A. B. as otherwise, we hereby 

I ujddge the aaid C. D. to be the father of such child, and 

tttercopoQ we order as well for the relief of the Township 

I of as for the sustenanoe of each child, that the saia 

I C. I), shall forthwith, upon aotice to bim given of this oar 
order, pay to the Overseers of the Poor for the said Towd- 

Li^bip Uia •am ot towards the lyiDg in of the said 

r i T> .- i iL. M . ' .iti.,an(;g of gncii child up to thia date ; 



204 BASTARD CHILDBEM. [PABT I 

Chap. 35. And further that the said C, D. shall pay to the Over 
Beers of the Poor of the said Township for the time beiof 

the sum of weekly from the date hereof during sc 

long time as the child shall remain chargeable to sdcii 
Township, towards the maintenance of such child. And 
we order that the said A. B. shall also pay to the Over- 
seers 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. Oiven under our hands and seals, this day 

of , A. D. 18—. 

E. F., J. P. (seal.) 
L. M., J. P. (seal.) 

CommUment to be endorsed upon the order of JUiaiion. 

County of SS. 

Whereas G. D. within named, hath refused to comply 
with the within order or to give sufficient 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 tbe jailer to receive the said C. D. and com- 
mit 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 — . 

B. F., J. P. (seal^ 
L. M., J. P. (seal.) 

Warrant to apprehend reputed father after order offUiatUm^ 
where he 8nau have avoided service of previous tvarrant. 

County of SS. 

To any of the constables of the said County : 
Whereas a warrant was issued by us to bring before as 

on the day of , A. B. of , and C. D. of 

-i , which said A. B. appeared under the said warranti 

but the said C. D. could not be found ; and on hearing ike 
evidence then adduced before us we did make an order ot 
filiation in the absence of the said C. D., but he tbe 8v4 
C. D. has not complied therewith : these are therefore to 
command you to bring the said C. D. before as at the 

— — — , on the day of : , at o'clock, that he 

may be examined by us touching such order of filiatiofl^ 
and shew cause why he should not comply with saidl 
order, and enter into bonds for the performance tbereq^ 
and otherwise to be dealt with according to law. GiTW 

under our hands and seals this— ^ day of , A. Ik 

18—. 

E. F., J. p. (seal.) 
L. M., J. P. (9mL} 



HTU nn.] bastabd cbiu>ben. 20S 

Tie form of coDamitment the game as that under the Ghap. 35. 
order of filiation where the father shall have been present. 

Bond to abide and fvip, the order o/^iation. 

Know all men by these presents that we, G. D., of- " , 

ipthe Gonntjr of , and G. H., of ■ — , in the same 

County , are held and firmly bound unto the Over- 

leers of the Poor for the Township of ■ , in the said 
Coanty, in— ^ dollars, to be paid to the said Overseers 
of the Poor and their saccessora in office or their certain 
ttlorney, execntors, adminietrators nnd assigns, for which 
payment to be well and traly made we bind onrsplves and 
etch of ns by himself, oar and each of our heirs, execntors 
ud administrators, firmly by these presents, sealed with 
onr seals. Dated this day of , A. D. 18 — . 

Whereas by an order of filiation made by and 

, Esqnires, two Justices of the County aforenaid, in 

tbe matter of a bastard child, lately begotten on A. B., 
the said C. D. bath beau adjudged to be the father of such 
AM, and to obey such order of filiation. Now the con- 
dition of this obligatioB is such that if the said G. D., his 
necqtors, or administrators, do well and truly obey such 
(fdarof filiation, then this obligation shall become void. 

Signed, sealed and delivered ) C. D. (seal ) 

in presence of J. K. f Q. H. (seal.) 

nie tike, where an appeal from such order ahaU have been 
made to the Sfipreme Court. 

Kaon- all men by those presents that we, 0. D„ of , 

^the County of , and G. H., of , in the same 

^HDty , are held and firmly bound unto the Over- 

n of tbe Poor for the Township of , in the said 

Bity, in dollars, to be paid to the said Overseers of 

'Toor and their successors in office fur the time being, 

^eaid Township of , or their certain attorney, 

), administrators and assigns, for which payment 

I and truly made we bind ourselves and each of 

If liitnself, our and each of our heirs, executors and 

ptrstors, firmly by these presents, sealed with oar 

[•thitetl this day of , A. D. 18—. 

$!Ua» by ao order of fihation made by and 

LBaqnires, Justices of the Peace for the County 
3d, in tbe matter of a bastard child, lately begotten 
LB,, the said C. D. hath been adjudged to bo the 
iMf soeh child, and to obey an order of filiation made 
,i ____rt behalf, from which order the said G, D. hath appealed 
lothe Supreme Court [or aessiona at RaUfaa}.1 Now the 
eoudrtion of this obligation is such, that in case such order 



206 LUNATICS. [PABT 

Chap. 36. shall be confirmed by the Court, then if the said C2 D,, h* 
executors or administratorB^ do pay all costa and charge 
which may be legally incurred by the Overseers of th 
Poor for the said Township, in consequence of such appea 
and also do obey such order so confirmed, this obligatio 
shall become void. 

Signed, sealed and delivered ) C. D. (seal.) 

in the presence of J G. H. (seal.) 

J. K. 



TITLE IX. 



OF LUNATICS. 
CHAPTER 36. 

OP LUNATICS AND THE CUSTODY AND ESTATES OP LUNATICS. 

Booaiingof luna- -[^ ^ny luuatic being at large may be apprehended ut 
der warrant from two justices of the peace, and if his lega 
settlement shall be in any place within the county o 
district, he shall be secured within the same ; and if sucl 
settlement shall not be within the county or district, h 
shall be sent by the justices, by order under their handi 
to the place of his last legal settlement, and shall be ther 
secured under a warrant from two justices of the peace fo 
the county or district to which he shall be so removed 
Charge of main and the chargos of removiog, maintaining and curing suo 
tenaooe,^ piersou during his restraint, having been first proved o 
oath before two justices, shall be paid out of the proceec 
of the personal property, or the rents of the real estate < 
such person, if any he have over and above what wi 
maintain his family ; and such property or rents may« fo 
that purpose, bo seized and sold by the overseers of tl 
poor of the place of such person's last legal settlemeo 
under a warrant from two justices ; and if such person hi 
not any property or rents applicable therefor, then sue 
expenses shall be borne by the inhabitants of the count 
or district within which such person shall have his lai 
legal settlement. 
Appointment of 2. When the relatives or friends of any insane perao 
fimatf" ^^ or the overseers of the poor of the township of wbid^ I 
is an inhabitant, shall apply to the Supreme Court ot 
Judge thereof to have a guardian appointed for bim, Doti< 



nni DC] LDNATICS. 207 

•lull be given to snch iDSRne person if at large, and if he Chap 36. 

be DDder reatraint, to those having charge of him, of the 

bine and place appointed for hearing the caae, not lesa 
Iban foarteen days before the time so appointed ; and if, 
ifter a fnll hearing, it shall appear to the Court or Judge 
tbst the person in qnestion is incapable of taking care of 
bimself, such Court or Judge shall appoint a guardian of 
hia person and estate with the powers and duties hereiu- 
ifter specified. Every guardian so appointed shall have 
Ae care and custody of the person of the ward and the 
mnagument of bis estate nntil legally discharged. 

i. When a guardian shall be appotntod for an insane Firnentoi 
person the Court or Judge sbalf make an allowance to be b""""- 
fkid by the guardian, out of the estate of such insane 
person, for all reasonable expenses incurred by the ward 
iu opposing the application. 

i. Every guardian of ao insane person shall pay all ''"'^^^'^B'' 
JDit debts due trom the ward ont of his personal estate if e^u,<ietiu,&r. 
inScient, and, it not, oat of his real estate, upon obtaining 
ilicense for the sale thereof from the Supreme Ooort or 
iBj Judge thereof. Ha shall also settle all accounts of the 
tard, and sbati sua for, recover and receive all debts due 
to him, or may compound for the same and give discharges 
to the debtors ; and iie shall appear for, and represent the oa»rtisn to rt- 
instne person in all legal and equitable suits and pro- ^IS'i^^'" 
uedinga. 

5. The guardian shall also manage the estate frugally aniTdimi to «- 
lod withont waste ; aud shall apply the profits thereof, as SSe.'™*^' 
br as necessary, to such insane person's comfortable and 
■«ni^lo maintenance, and that of bis family; and, if sucb 
Stsbe insufScient, the gnardian may sell or mortgage 
< real estate, upon obtaining a license so to do, and shall 
iy the proceeds, so far as may be necessary, to the 
inance and support of such insane person and his 

TOn a sale taking place nnder a license to sell the BtteotiautKi 
Htate of an insane person, the guardian shall execute "***'■ 
Q of sucli insane person the deed thereof, which 
iQvey such real estate to the parcbaser, either abso- 
)t by way of mortgage, as therein specified, in the 
fkj as if executed by each insane person himself 
t sound mind. 
^.Rien any guardian so appointed shall remove from ooirdiuibeajiD- 
, ..Rovioce, or become insane, or otherwise incapable oflSSjb™S^! 
dU«bargiug bis trust, or shall be evidently unsuitable 
iWtbr, tbe Hupremo Court of a Judge thereof, after no- 
IJM to (ach guardian if resident in the Province, and to all 
otbera interested, may remove him ; and every guardiaa 
■ay opOQ his own request be allowed to resiga his trat t, 



208 LUNATICS. [part L * 

Chap. 36. when it shall appear proper to the Coart or a Jadge to 

allow such resieoation; and, upon every such resigDation 

or removal, and also upon the death of any guardian, the 

Court or a Judge may appoint another in his stead. 

Giurdun to give 8. Every guardian shall give a •bond, with sureties, to 

»K>n4. -g^^ Majesty with the following conditions : 

First. — To make a true inventory of all the real estate 
and all the goods, chattels, rights and credits of the insane 
person, that shall come to his knowledge, and 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 
the insane person, and faithfully to discharge his trust in 
relation thereto. 

Thirdly — To render an account on oath of the property 
in his hands including the proceeds of all real estate sold 
by him, and of the management and disposition of 
all such property, within one year after his appointment, 
and at such other times as the Court or a Judge shall di- 
rect; and 

Fourthly — At the expiration of his trust, to settle bis 
accounts with the Court or a Judge, or with the insane 

EerHon in case of his restoration to reason, or in case of 
is death with his legal representatives ; and t<i pay over 
and deliver all the estate and effects remaining in his 
hands or due from him on such settlement, to the person 
lawfully entitled thereto. 
Payment of ex- 9. The reasonable expenses of the apprehension and 
ESSSn^anS^'*' ''^'^^^^^ ^^ ^^7 i^^aue person, having been verified on oath 
movai of insane beforc the Custos or any two justices of the peace, either 
**^°* before or after such removal, and by them allowed, shall 

upon their order be paid, by the Treasurer of the county 
or district out of the county or district funds, to the per- 
son appointed to apprehend and remove such insane per- 
son ; and such expenses shall afterwards be levied, by 
warrant of distress to be signed by two justices of the 
peace, on any goods or chattels of such insane person, or 
may be realized out of the real estate of the insane person 
or the rents thereof as provided in this Chapter ; and for 
want of such property shall be a charge against the county 
or district in which such insane person shall have had bi8 
last legal settlement, as hereinafter provided. 
PrevenUoaof • 10. The better to prevent crime being committed by 
^™*' ^nsane persons ; if any person shall be discovered and 

apprehended under circumstances denoting a deranffo- 
ment of mind and a purpose of committing some crime ror 
which, if committed, such person would be liable to be 
indicted, it shall be lawful for any two justices of the 



'^nU tZ.] LUNATICS. 20!> 

p«Ace of the coaetj or district, before whom soch person Chap. 36. 

Tmy be brought, to call to their assistance aoy legally 

<]Dalified medical pmctitioDer; and if upon order nnd 
ezamiDatiofi of bdcIi person so apprehended, or from other 
proof, Boeh justices sbnil be satisfied timt such persoii is 
insane, or i<t a dangerous idiot, it shnll be la^rful for them, 
by warrant under tlieir hands and seals, to commit aiicb 
* person to the gaol of the county or district, there to be 
Kept in strict custody until such person shall be discharged 
by the order of two justices ot tho peace, one of whom 
ihalt be one of tho justices who shall have signed such 
warrant, or by a Judge of the Snprcnio Court, or until 
inch person shall he removed to a proper lunatic asylum, 
or to the custody of guardians appointed under this Chapter. 

11. Any two justices may inquire into and ascertain, by Enminnton ni 
the best legal evidence that can be procured under the cir- ^"d"^!!^" 
camstances of the personal legal disability of such insane tharor 
person or dangerous idiot, the place of the last legal set- 
tlement of such person, or of any other person tried and ac- 
quitted on the ground of insanity, or of any person found 
iDftfttie under any provisions of this Chapter; and it shall 
be lawful for such two justices to make an order, under 
their bands and seals, upon tho overseers of the poor of 
the township or place where they adjudge him to he legal- 
ly settled, to pay all reasonable charges of examining sach 
person and conveying him to such county or district gaol, 
wi to pay sach weoltly aum for his maintenance in such 
pUce of custody, as such two justices, or any two justices 
sliall, by writing under their hands, from time to time 
direct; and, where such place of settlement cannot be as- 
certained, such order shall be made on the Treasurer of 
Uie county or district where such person shall have been 
"I cnatody or apprehendod : Provided always, that nothing 
inin contained thall be construed to extend to restrain 
rprevent any relative, guardian or friend from taking 
h insane person or dangerous idiot under his own care 
■nd protection, if he shall enter into a sufficient recogni- 
ance for the peaceable behavior or safe custody of such 
iuHDO person or dangerous idiot, before two justices ot the 
pnce, or the court ut ficseions, or a Judge of the Supreme 
■Cwirt: and provided also that the overseers ot the poor 
«f tho township ur place in which the justices shall adjudge 
any insane person or ditngerous idiot to be settled, may 
appeal againat any siicii order to the next general or 
•pvcial sessions to be held for the county or district where 
neb order shall be mado, in like manner and under tbe 
liko regulations and restrictions as against any order of re- 
aiovnl, giving reasonable notice thereof to the Clerk of the 
Peace of tbe county or district upon whose rates the bur< 
14__ 



210 LUNATICS. [PART ] 

Chap. 36. ^^^ of maintaining such insane person or dangerous idio 

might fall if such order should be invalid ; and such Clerl 

of the Peace shall be respondent in such appeal, whici 

appeal the justices of the peace assembled at such genera 

or special sessions are hereby authorized and empowered t< 

hear and determine^in the same manner as appeals againsi 

orders of removal of paupers are now beard and deter 

mined. 

Pnymont of ex- 12. All charges herein mentioned that may be incurrec 

by"o^n2e?riJ? by auy overseers of the poor for any township or place, oi 

iH»or. jjy ^j^y county or district, under this Chapter, having beer 

first proved on oath before two justices, shall be repaid tc 

such overseers or to the Treasurer of the county or dis 

trict respectively, 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 oi 

such insane person or dangerous idiot, if any he have ovei 

and above what will maintain his family, which may foi 

tlmt purpose be seized and sold by such overseers oi 

County or District Treasurer, under a warrant from twc 

justices ; and, for want of such property, such expenses 

shall be paid by the county or district in which such in 

sane person or dangerous idiot shall have had his last legal 

settlement ; and the same shall be a county or district 

charge, to be assessed, levied and collected in the same 

manner as countv rates. 

Quaiifloation of 13. Any porsou shall be deemed a legally qualified 

t?OTwf ^ ^'**^^" niedical practitioner for the purposes of this Chapter whc 

would not be disqualified by law from recovering a fee oi 

reward for his professional services. 

HOSPITAL FOR THE INSANE, 

Title and object 14. The title of the above institution shall be the 
in^SJ?*'** '"*' " Nova Scotia Hospital for the Insane;" and its object shall 

be the most humane and enlightened curative treatment oi 

the insane of this Province. 
Management of 15. The financial and general management of the Hos- 
hoHpiui. pj^g^j gj^j^n jjQ vested in the Commissioner of Public Work« 

viMtora. and Mines. The following persons shall be ex officio visi 

tors of the Ilospital, that is to say, the Lieutenant Cover 
nor, the Chief Justice, the Provincial Secretary, the Presi- 
dent of the Legislative Council, the Speaker of the Hoasc 
of Assembly, the Committee of the House of Assembly on 
Humane Institutions, and the heads or authorized repre- 
sentatives of all the Christian Churches in the Province. 
The Commissioner of Public Works and Mines shall make 
all needful bye-laws for the government of the Hospital^ nol 

B>f4aw8. inconsistent with the laws of the Province ; but, befoR 
such bye-laws shall have effect, they shall be submitted tc 
and approved of by the Governor in Council. 



mu n.] LtJHATics. 211 

16. The Governor in Council sliall appoint a Medical Chap. 36. 
Sapenntendent, who shall be a well educated physician, Appoinunent^ 
ud ^)), with his family, reside ou the premises, and "'■"■i«i "iimHii 
devote his whole time to the welfare of the institution, 

ud whose salary shall be two thousand dollars a year, with 
fbel, gas and lodgiug. 

17. The Governor in Council shall also appoint a Medi- UedicniMUi- 
cal Assistant, who shall be a well educated physician, and ""' 

shall, with his family, reside on the premises, and devote 
Ilia whole timn to the welfare of the institution, performing 
his duties under the direction of the Medical Superinten- 
dent, and who shall receive a salary of twelve hundred 
dollars a year, with fuel, gas and lodging. 

18. The Governor in Couucil shall also appoint three Kurd or cam- 
persons as a board of CommiBsioners, who shall have and duti«r»^' **"^ 
eiercise a general supervision over the Nova Scotia Hos- 
pital for the Insane, and who shall be paid two hundred 

dollars a year, each, for their services ; and they shall moet 
quarterly at the Hospital, and as often there and elsewhere 
at other times, as business or circumstaoces may require. 
One or more ot them shall visit the Hospital at least once 
t week. They shall see that the laws of tjje Province and 
the bye-laws of the institution are faithfully adhered to and 
MTried out; shall iuspect the books and records tif the 
iiutitntion ; view the wards and premises appropriated for 
tlie use ot the patients ; as far as practicable examine their 
food, and see that the contracts in reference thereto are 
dnlf performed ; and shall also make inquiry relative to 
tLe health, treatment and general condition of the inmates ; 
aodtbey shall make entries as to the result of their visita- 
tion! in a book to be kept at the Hospital for that purpose. 
19. Whenever there are vacancies in the Hospital, the AdmiBion oi 
QiiBsioner of Public Works and Mines shall admit p*"™*"- 
lata for whom admission is sought ; but he shall have 
'ei to reluso cases that are not suicidal, or dangerous 
_ mgh violence to others, and that are from long standing 
not likely to be benetitted by treatment in the Hospital, and 
>Ih epileptic or idiotic cases. 

In every cat^s where admission is sought for a staicmmt in 
pstient, a statement in writing in the form of Schedule A S^iJSs'iiii^ii. 
»tall be tilled up aod forwarded to the Medical Superin-™"'™*- 
tendent for examination ; and his answer and approval shall 
WrQCeivod before the patient is forwarded. No person 
■lull be received into the Hospital for the Insane as a 
patient, without a certificate as in Schedule B, from two 

?iialified medical practitioners in actual pi'actice in the 
rovioco, of whom the one shall r.ot be the son, brother, 
Crluur or assitttant of the other ; the examination therefor 
vJDg been made not mors than thirty days betore 



212 LUNATICS. [PAI 

Chap. 36. 21. In oase of private paying patients, a bond shal 

Prirate paying given to the Commissioner of Public Works and Mines i 

lutiento. sufficient suretics, for payment of expenses, and a payn 

of one quarter's board shall be made in advance. S 

bond may be sued on as often as shall be necessary, 

recovery had, agreeably to proceedings in summary s 

in the Supreme Court. 

JSmitm^' 22. In case of the committal of an insane person to 

Hospital for the Insane, the warrant therefor shall be 

the form in Schedule C, and shall be issued by the She 

or two justices of the peace of the county or district 

which the insane person shall be found ; and such ins 

person shall be chargeable to the county or district fi 

which he shall have been sent to the Hospital under si 

warrant, unless it shall be shewn to the satisfaction of 

Commissioner of Public Works and Mines that such insi 

person is legally chargeable as a pauper to some ot 

county or district, or has no legal settlement in the I 

vince, or is chargeable to a guardian or other person. 

Settlement of 23. The Commissioner of Public Works and Mines si 

wSSS*Srr^° have power to investigate and determine any disputes t 

SanJ^of ^iH^nt ^^^ arisc as to the county or district chargeable for i 

maintenance of a patient in such Hospital ; and, before i 

Commissioner shall decide in the matter, he shall g 

reasonable notice to the counties or districts interest 

through their Clerks of the Peace, of the time and place 

such investigation ; and at such time and place shall hi 

the evidence and allegations that shall be adduced respe 

ing the matters in dispute, and decide accordingly. Si] 

decision shall be final and binding in law upon the coi 

ties, districts and parties interested. 

Md^urtf'*®'^* 24. Whenever any person shall be so deranged in I 

investigate cases intellect that he canuot bo permitted to go at large Avithc 

o insanity. danger, or is suffering unnecessary duress or hardship, 

shall be the duty of the Sheriff or any two justices of t 

peace of the county or district in which such insane pers 

may be found, on being applied to for that purpose, 

investigate the case, and summon to their assistance ai 

one or more medical practitioners duly qualified and prf 

tising within the Province ; and if such insanity be prov* 

and certified by such medical practitioner or practitione 

as in Schedule B, the Sheriff or justices shall issue a wi 

rant as in Schedule C, directed to any constable of tl 

county or district, who shall apprehend such insane persi 

and convey him to the Nova Scotia Hospital for the Insane 

and when such insane person is found to have had his la 

legal settlement in any other county, district or place, ai 

' if on investigation the Sheriff or justices consider at 

determine that to send such insane person to his place < 



nni a.] lunatios. 213 

legal aettlement, as provided io the first seotion of this Chap. 36. 
G^ter, would be daogerons or prejudicial to such iQsaDe 
peivoii's life or health, snoh ineaae peraon may he sent 
oirsctly to the Hospital for the Insane, and the proceed- 
iags to recover the expenses incurred therefor shall be aa 
provided for in such first section. 

25, In case such person slmll have been certified to be certiA«t«or 
iiSkne hy oaly one medical practitioner, before his appre- rsqafno. *^ 
bsDsioD, he shall be again examined nnd certified as in 
Schedule B hy two duly qualified practitioners, to be 
appointed by the Commissioner of Public Works and 
Mines, before he shall be admitted into the Hospital. 

28. The expenses of all paupctr lunatics, now or here- ^^Pf^i^P*"" 
liter confined in the Hospital for the Insane, shall be 
chargeable on the respective counties or districts in which 
tiiey shall have obtained legal settlements ; and such ex- 
penses shall in each case be a county or district charge, to 
be assesBed, levied and collected in the same manner as 
county rates ; and in case the pauper lunatic shall not have 
oltained a legal settlemeut within the Province, the ox- 
pHisea shall be paid out of the Provincial Treasury. 

27. In case the grand jury and sessions of any county orwa jon tad 
or district which shall be liable for the expenses of luna- tTu^o^^ 
tics confined in the Hospital shall refuse or neglect to InMiUTSSr "' 
Htsss such county or district therefor, the Supreme Court pwaiBoioitio 
or a Judge thereof, at any term in the county so liable, 
abstl upon application by the Attorney General or a har- 
nttOT of such Court by Liim authorized, ameroe such county 
or district for the iimoiiot due, wbioh with the costs and 
L eipsDies attondlug su3h amercement, shall be assessed, 
iJsviedand collected unilar the order of the Supreme Court « 

^14 Judge thereof, by the same persons whose duty it 

' jl be to assess, levy and collect the county or district ^ 
\, and in the s^me manner as amercements on counties 
litier purpodos are now by law made; and the same 
I collected shall be paid into the Provincial Treasury. 
, If the guardian or other party to whom the expense BeCDaitonr 
f patient who shall be in the Hospital is chargeable ^Jj ^.^ . 
teglect, or, upon demaud made, shall refuse to pay to 
_ .. )maii9sioner of Public Works and Mines the expense 
of the care, mainCenanoe and removal of such patient, 
Hd also, in the evtjot of death, the funeral expenses of 
IDC^ patient, such Gomnissioner is hereby authorized and 
AOpowercid to collect (he same by suit in hia own name as 
to ordinary debt ; and on the trial of such cause a certified 
ueoiint from the Commissioner of Public Works and Mines 
I ^tii bo sofficiflut proof of the amount of each obargas and 

fl^B»8S. 



214 LUNATICS. [P 

Chap. 36. 29. The Commissioner of Public Works and Min 

GommiBsioiier the caso of patients now in the Hospital for the Insai 

^riSncT^y ?° wliose behalf admissions are sought, and where, 

lUtorrateof judgment, there are circumstances lustifyinc: a depi 

tain oases. irom tQc Ordinary rates, may make special agreemeo 

Extra charges, the amouut and payment of board; and where a pi 

from violence or otherwise, requires a special or ext 

tendant, such extra attendance shall be charged anc 

for in the same manner as the ordinary charges. 

iM^iTS^ "*' ^9' y^®" the funds or property of a private p 

haiuted. patient in the Nova Scotia Hospital for the Insane ( 

what will maintain his family) which may for that pi 

be seized and sold, shall have been exhausted, it si 

the duty of the Gustos and Clerk of the Peace 

county or district in which such patient has a legal 

ment, on application made by the guardian or frie 

such patient therefor, to investigate the case; and, i 

found that the patient is in such indigent circumst 

such Custos and Clerk of the Peace shall ord( 

expenses to be made a charge on the county or dii 

and such order shall be forwarded to the Commissic 

Public Works and Mines, who, on the receipt of the 

shall, from that date, charge the expenses of such [ 

to such county or district; and shall, on the paync 

all arrearages due, cancel the bond given on behalf o 

patient ; or if, on such investigation, it is found that 

of the expense can be borne by the patient, an agre 

may be made whereby such part shall be paid to the 

surer of such county or district. 

u^for^Soite. 31. Whenever the real and personal estate c 

nanoe. luuatic or iusauc person, not being a pauper, or of tl 

^ band, father or mother of such lunatic or insane pe; 

* not more than suflScient to maintain the family of an 

person, the expenses of the maintenance of the 

person in the Hospital may be defrayed in whole or i 

from the funds donated or to be donated for that p 

to the Hospital, as the Commissioner of Public Woi 

Mines may on investigation order and direct. 

^S^S^^uLte" 32. The Commissioner of Public Works and 

upon the Medical Superintendent's certificate of re< 

amendment, harmlessness or unsuitableness, may dis 

any patient, except those under criminal charges ; f 

parties liable for the maintenance of such patient e 

duly notified of such discharge and the terms tl 

Provided that patients under criminal charges si 

discharged only as by law directed. Patients wl 

been tor more than six months under care in the H< 

and have so far recovered as to be capable of bein| 

Dij^iarge on ^^^^ ^^ .^ ^ private family, may be discharged on 



^nu IX.] LUHATlCa. 215 

Cars of their relatives or iriends, or, failing these, may be Chap. 36. 

boarded out on such conditiooB aod at such rate of pay- 

aent as the- GommisBioQer of Public Works aod Mines 
sliall direct, which rate of payment shall uot exceed the 
cbarge made for the maintenance in the Hospital of such 
patient3. Such patiente eo discharged or so boarded out 
jh&ll be under the supervision and' inspection of the Medi- 
cal Superintendent, on whose report any such patient shall, 
if necessary, he re-admitted to the Hospital, or if recovered 
be finally discharged. 

33. Resident o£Gcera and other employes of the Hos-onoenathovi- 
pital, while actually engaged as such, shall be exempt from JS™!*?**"' 
service as jnrors and as county, district and township offi- 
cers, and from the performance of statute tabor on the 

roads. 

34. In case the Commissioner of Public Works and KmryonUnd. 
Mines ahall hereafter require to re-enter and re-open lands ^ ronnHSrHi'^' 
where pipes are laid, the proprietors or occupiers shall be "'"' '""'^'*'- 
eotitled to such compensation as may be agreed upon with 

SQch Commissioner ; and in case of no agreement being 
entered into, either party may proceed in such case in 
the same manner as directed by ChapteT4L of the Acts 
of 1859, which shall be considered in force for that pur- 
pose. 

'ii. The father, grandfather, mother, grandmother, chil- Beiationi of p*- 
ina and grandchildren respectively of any pauper lunatic me^mr^""" 
patient in the Nova Scotia Hospital for the Insane, being "»'"*«*""»■ 
ot sufficient ability, shall contribute towards the main- 
tsDaDce of such patient while in the Hospital to such 
L utent as their means will permit without iujury to them- 
^MJres or their families. 
[■U. The court of general sessions of the peace shall Appoiptment or 
"HDally appoint not mure than three committees of three ^rduUn. 
"ices of the peace in each county or district. Every 
h committee shall have power to inquire respecting the 
e and means of such father, grandfather, mother, 
mother, children or grandchildren, and to make an 
koQ any ol such parties requiring them to contribute 
Irda the support and maintenance of such patient to 
I extent as the circamstancea of the parties may 
varntDt ; and such comraittee shall summon the parties to 
l>e affected by such order to shew cause against the same, 
and shall hear snch parties, and thereupon may confirm, 
iter or modify such ordwr. Any party aggrieved by such 
order may, within tun days after a copy of the order shall 
bave been served upon him, appeal to the Supreme Court 
ora Jodee thereof in tlie county; but such appeal shall 
bot be aUowed, unless the appellant shall have served a 
ootico ID .vrritiog of such appeal on the Clerk of the Peace 



216 



LUNATICS. 



EP]I:BT L 



Chap. 36. 



Amounts recov- 
ered by salt paid 
into county 
tre*imr>\ 



Power of com- 
mittee. 



Payment of 
i*(>mmittee. 



Commissioner 
sliall petition for 
lancU ro<iu!recl. 



Proceedings on 
fietition. 



Order nm pub- 
li!*hed. 



Irbitrators 
appointed. 



Avithin such ten days, and shall also witinn the same period 
have filed with such Clerk of the Peace an affidavit sworn 
to before a justice of the peace setting forth the grounds 
of such appeal, which affidavit and notice the Clerk of the 
Peace shall file with the Prothonotary in the county where 
the order shall have been made, on or before the first day 
of the next ensuing tern} of the Supreme Court in such 
county ; and the Supreme Court shall hear and determine 
the matter in a summary manner, and the decision of the 
Court shall be final. 

37. The Clerk of the Peace, under the aulbority of the 
General Sessions, shall sue for the amount payable by 
virtue of such order, in the same manner as if it were a 
private debt due himself; and the amount when recovered 
shall be paid into the County Treasury. 

38. Every such committee shall have power to alter or 
modify any such order, or to discharge therefrom the party 
affected thereby, if such party shall become so reduced ii> 
circumstances as not to be able to comply with the require- 
ments of such order without injury to himself or bis 
family. 

39. Every member of any such committee shall be 
entitled to receive the sum of one dollar and fifty cent-s 
for each day's necessary attendance on such committee^ 
which sum shall be a county charge. 

40. Whenever the Commissioner of Public Works and 
Mines shall require any or further lands for, and in connec- 
tion with the Nova Scotia Hospital for the Insane, for any 
purpose whatever, he shall apply by petition to the Supreme 
Court, or a Judge thereof, which petition shall be accom- 
panied by a plan of the lands required. 

41. Upon the presentation of such petition to the 
Court or a Judge, an order nisi shall be granted, calling 
upon all parties claiming any interest whatsoever in the 
lands applied for, either jointly or severally, to name an 
arbitrator ; and copies of such rule shall be served upon 
the parties in possession of the lands applied for, and the 
same shall be published for a fortnight, in one or more 
newspapers published in the City of Halifax ; and such 
publication shall be considered as constructive service of 
such rule or order nisi upon all persons interested who are 
unknown to the commissioner or upon whom personal 
service cannot bo effected ; and in case they shall not all 
agree in the naming of an arbitrator the Court or a Judge 
shall name one for them ; and the Commissioner of Publie 
Works and Mines shall name one on his own behalf; a&d 
the Court or a Judge shall name the third arbitrator; and 
an order absolute shall thereupon pass appointing aiush 
arbitrators. 



intf H.] LUNATICS. 217 

^ 42, The arbitrators shall be sworD before a CommiB- Chap. 36. 

sioner of the Snpreme Coart, to the faithful performaace p,,,,^,,,,^^, • 

of their doty. Tbey shall hear the parties and witnesses JJ^J^™"' 
&« regards the valne of the lands applied for, and shall, if 
tbey think proper, examine the locality ; and shall have 
power to call witnesses before them by anbpceaa ander 
tiietr bands, and to examine the parties and witnesses upon 
oath which tbey are hereby empowered to administer ; and 
wibiesses neglecting to attend shall be liable to the penal- 
ties to whioh witnesses are subject who neglect to attend, 
af^er dne notice, before a Judge or Commisaioner for taking ' 
evidence de bene ease, and snch disobedience shall be pun- 
ishable by a judge of the Supreme Court, ou the certifi- 
cate of (he arbitrntors of the nou-attendauce of the witness. 

43. The arbitrators shall fairly and truly estimate the Award, 
nlse of the lands applied for, by naming one sum for the 
whole, or naming one sum for each lot of land applied for, 
M they may think proper, in their award ; and in case of 
diBagreement, two of the arbitrators may make the award ; 
tai the same shall be returned into the Prothonotary's 
oEBce at Halifax, 

a. The award siiall not be set aside tor any defect Awud, tunr 
ippearing therein, and the Bame shall be confirmed by the''^"^'''- 
Court or a Judge, after due notice to all parties claiming 
any interest in such lands; but if the Court or a Judge 
shall be of opinion, after hearing evidence on the point, 
that the arbitrators have not allowed a sufficient amonnt 
fortbe lands so taken, then it may be referred back to ' 

Baoh arbitrators ; or tbe Court or a Judge may direct the 
appointment of other arbitrators in manner aforesaid, who 
shall proceed and make their award as hereinbefore 
directed. 

When such award is con6rmed by the Court or anustaimdi, 
_ the ComnaisBionerof Public Works and Mines shall X,JSw 
tbe amount thereof into the Supreme Cotirt ; and upon 
lyment into Conrt and the recording of the award 
I order of confirmation in tho office of the Registrar 
ida for the Cuuuty of Halifax, the title to the lands 
lied for and sot forth in the plan annexed to such 
hall vest absolutely in fee simple in the Commis- 
Poblic Worka and Mines tor the time being and 
lors in office. 
Supreme Court or a Judge shall direct theiHiponiar 
award to be paid to snch party or parties I^i^"* 
led entitled to the same and In such pro- 
' may be deomed entitled to; and in case 
le to snch lands is in dispute, then the Supreme 
Court or a Judge shall make snCh order, or direct the trial 
a[ fioch iuaes before a jary, aa may be deemed iMoesMry 




216 



LUNATICS. 



|FABT L 



Chap. 36. 



Amuuuts recov- 
ered by salt paid 
into county 
treasury. 



Power of com- 
mittee. 



Payment of 
i*<>mniittee. 



Conimls9ioh«r 
stiall petition for 
hinds re^iuircd. 



ProcecdingK on 
fjetition. 



Order nisi pub- 
lirttied. 



Arbitrators 
up()ointed. 



within such ten days, and shall also witbin the same peried 
have filed with such Clerk of the Peace an affidavit sworn 
to before a justice of the peace setting forth the grounds 
of such appeal, which affidavit and notice the Clerk of the 
Peace shall file with tho Prothonotary in the county where 
the order shall have been made, on or before the first day 
of the next ensuing tern} of the Supreme Court in such 
county ; and the Supreme Court shall hear and determine 
the matter in a summary manner, and the decision of the 
Court shall be final. 

37. The Clerk of the Peace, under the auibority of the 
General Sessions, shall sue for the amount payable by 
virtue of such order, in tho same manner as if it were a 
private debt due himself; and the amount when recovered 
shall be paid into the County Treasury. 

38. Every such committee shall have power to alter or 
modify any such order, or to discharge therefrom the party 
affected thereby, if such party shall become so reduced ii> 
circumstances as not to be able to comply with the require- 
ments of such order without injury to himself or bis 
family. 

39. Every member of any such committee shall be 
entitled to receive the sum of one dollar and fifty cent-s 
for each day's necessary attendance on such committee^ 
which sum shall be a county charge. 

40. Whenever the Commissioner of Public Works and 
Mines shall require any or further lands for, and in coonec- 
tion with the Nova Scotia Hospital for the Insane, for any 
purpose whatever, he shall apply by petition to the Supreme 
Court, or a Judge thereof, which petition shall be accom- 
panied by a plan of the lands required. 

41. Upon the presentation of such petition to the 
Court or a Judge, an order nisi shall be granted, calling 
upon all parties claiming any interest whatsoever in the 
lands applied for, either jointly or severally, to name aa 
arbitrator ; and copies of such rule shall be served upon 
the parties in possession of the lands applied for, and the 
same shall be published for a fortnight, in one or more 
newspapers published in the City 9f Halifax ; and such 
publication shall be considered as constructive service of 
such rule or order nisi upon all persons interested who are 
unknown to tho conrmissioner or upon whom personal 
service cannot be effected ; and in case they shall not all 
agree in the naming of an arbitrator the Court or a Judge 
shall name one for them ; and the Commissioner of Pabue 
Works and Mines shall name one on his own behalf ; a&d 
the Court or a Judge shall name the third arbitrator; and 
an order absolute shall thereupon pass appointing siush 
arbitrators. 



^nu n.] LUNATICS. 217 

42. The arbUrators shall be sworo before a GommiB- Chap. 36. 
aioner of the Saprame Court, to the faithful performance j^ji^^^^j^r — 
of their duty. They shall hear the parties and witneBses "^po™ of 
a< regards the value of the landa applied for, and shall, if 
tfaey think proper, examine the looality ; and shall have 
power to call witnesses before them by subpoena under 
their hands, and to examine the parties and witnesses upon 
oath which they are hereby empowered to administer ; and 
witnesses neglecting to attend shall be liable to the penal- 
ties to which witnesses are subject who neglect to attend, 
after dno notice, before a Judge or Commissioner for taking ' 
(Tidence de bejx esse, and aucb disobedience shall be pun- 
ishable by a judge of the Supreme Conrt, on the certifi- 
cate of the arbitrators of the non-attendance of the witness. 

43. The arbitrators shall fairly and truly estimate the Award, 
nine of the lands applied for, by naming one sum for the 
whole, or naming one sum for each lot of land applied for, 

u they may think proper, in thoir award ; and in case of 
disagreement, two of the arbitrators may make the award ; 
ind the same shall be returned into the Prothonotary's 
office at Halifax. 

44. The award shall not be set aside for any defect Anjd.tHiir 
ippeariog therein, and the same shall be confirmed by the^"'**'"'' 
Conrt or a Jndge, after due notice to all parties claiming 

uy interest in such lands ; but if the Court or a Judge 

lullbe of opinion, after hearing evidence on the point, 

tbaf the arbitrators liave not allowed a sufficient amoant 

forthe landa so taken, then it may be referred back to ' 

' inch arbitrators ; or tie Court or a Judge may direct the 

L^pointment of other arbitrators in manner aforesaid, who 

Lnall proceed and make their award as hereinbefore 

such award is confirmed by the Court or a nus to lauii, 
I, the Commissioner of Public Works and Mines shall ™,SSSSJ?, 
flbe amount thereof into the Supreme Cotirt ; and upon 
^payment into Cotirt and the recording of the award 
Bib order of confirmation in the office of the Registrar 
Iftds for the Couuty of Halifax, the title to the lands 
plied for and set forth in the plan annexed to sacb 
m Bhall vest absalntely in fee simple in the Commis- 
^of Pnbltc Works and Mines for the time being and 
ntoeasors in office. 
The Supreme Court or a Judge shall direct theDi^MHiot 
' amoUDt of such award to be paid to such party or parties I^IUJ'"' 
u may be deemed entitled to the same and in such pro- 
portioDti M they may be deemed entitled to; and in case 
tbe title to snch lands is in dispute, then the Supreme 
Court or a Judge shall make such ordei", or direct the trial 
I of sDcb issaee before a JBry, as may be deemed necesMry 



216 



LUNATICS. 



Efabt L 



Chap. 36. 



Atnouuts recov- 
ered by salt paid 
into coanty 
treaaury. 



Power of com- 
iiiittee. 



Payment of 
ivjinmittee. 



Conimi5sioner 
Khali petition for 
lands ref|uircd. 



Proceedings on 
petition. 



Order nisi pub- 
linhed. 



Arbitrators 
appointed. 



within snch ten days, and shall also witlna the same periei) 
have filed with such Clerk of the Peace an affidavit swoni 
to before a justice of the peace setting forth the grounds 
of such appeal, which affidavit and notice the Clerk of the 
Peace shall file with the Prothonotary in the county where 
the order shall have been n>ade, on or before the first day 
of the next ensuing tern} of the Supreme Court in such 
county; and the Supreme Court shall hear and determine 
the matter in a summary manner, and the decision of the 
Court shall be final. 

37. The Clerk of the Peace, under the auihority of the 
General Sessions, shall sue for the amount payable by 
virtue of such order, in the same manner as if it were a 
private debt due himself; and the amount when recovered 
shall be paid into the County Treasury. 

38. Every such committee shall have power to alter or 
modify any such order, or to discharge therefrom the party 
affected thereby, if such party shall become so reduced ii> 
circumstances as not to be able to comply with the require- 
ments of such order without injury to himself or bis 
family. 

39. Every member of any such committee shall be 
entitled to receive the sum of one dollar and fifty cent-s 
for each day's necessary attendance on such committee^ 
which sum shall be a county charge. 

40. Whenever the Commissioner of Public Works and 
Mines shall require any or further lands for, and in couneo- 
tion with the Nova Scotia Hospital for the Insane, for any 
purpose whatever, he shall apply by petition to the Supreme 
Court, or a Judge thereof, which petition shall be accom- 
panied by a plan of the lands required. 

41. Upon the presentation of such petition to the 
Court or a Judge, an order nisi shall be granted, calling 
upon all parties claiming any interest whatsoever in the 
lands applied for, either jointly or severally, to name aa 
arbitrator ; and copies of such rule shall be served upon 
the parties in possession of the lands applied for, and the 
same shall be published for a fortnight, in one or more 
newspapers published in the City of Halifax ; and such 
publication shall be considered as constructive service of 
such rule or order nisi upon all persons interested who are 
unknown to the commissioner or upon whom personal 
service cannot bo effected ; and in case they shall not all 
agree in the naming of an arbitrator the Court or a Judge 
shall name one for them ; and the Commissioner of Pablie 
Works and Mines shall name one on his own behalf ; and 
the Court or a Judge shall name the third arbitrator; and 
an order absolute shall theroupoa pass appointing aiush 
arbitrators. 



tm,! IX.] LIINATIOS. SIT 

43. The arbitrators shall be swora before a Commie- Chap. 36. 
sioner of the Supreme Court, to the faithful performance pj^^^^ji^ — 
of their duty. They shall hear the parties and witnesses ^g^^"' 
w regards the value of the lands applied for, and shall, if 
tbey think proper, examine tlie locality; and shall have 
pover to oall witoeases before them by Bubpama under 
l6eir hands, aud to examine the parties and witnesses upoa 
oath which they are hereby empowered to administer ; and 
vitoesses neglecting to attend ehall be liable to the penal* 
ties to wbioh witnesses are subject who neglect to attend, 
ifler doe notice, before a Judge or Commissioner for taking ' 
evidence de bene esse, and such disobedience shall be pun- 
ishable by a judge of the Supreme Court, on the certifi- 
cate of the arbitrators of the non-attendance of the witness. 

43. The arbitrators shall fairly and truly estimate IbeAwud. 
nine of the lauds applied for, by naming one snm for the 
vhole, or naming one sum for each lot of land applied for, 

u they may think proper, in their award ; and in case of 
disagreement, two of the arbitrators may make the award ; 
aodthe same shall be returned into the Prothouotary's 
office at Halifax. 

44. The award shall not be set aside for any defect awsm. dow 
^ipearing therein, and the same shall be confirmed by the '^" *'*'■' 
Coort or a Judge, after due notice to all parties claiming 

My interest in such lands; but if the Court or a Judge 

mll'be of opinion, after hearing evidence on the point, 

tbai the arbitrators have not allowed a sufficient amount 

for the lands bo taken, theu it may be referred back to ' 

anob arbitrators ; or the Court or a Judge may direct the 

appointment of other arbitrators in manner aforesaid, who 

shall proceed and make their award as hereinbefore 

directed. 

When such award is confirmed by the Court or a tiu« to i«Ddi. 
I, the Commissioner of Public Worka and Mines shall ™X5S2«. 
i'the amount thereof into tbe Supreme Court ; and upon 
Ifc payment into Court and the recording of tbe award 
• wdthe order of confirmation in the office of the Registrar 
of Deeds for the County of Halifax, the title to the lands 
ittM^ied for and set forth in the plan annexed to such 
Idd shall vest absolutely in fee simple in tbe Commis- 
Wot Public Works and Uines for the time being and 
%W88or8 in office. 

■The Supreme Coart or a Judge shall direct tbepiipogaiat 
It of such award to be paid to such piarty or parties HJ^*"* 
f b« deemed entitled to the same and In such pro- 

niB M they may be deemed entitled to; and in case 

• title to such lands is in dispute, then the Supreme 

Ccmrt or a Judge shall make such order, or direct the trial 

I of ittdi issaea before a jmj, as may be deemed necestary 



LUNATICS* [PABT 

36. within such ten days, and shall also witbia the same peri 
have filed with such Clerk of the Peace an affidavit sw 
to before a justice of the peace setting forth the grou 
of such appeal, which affidavit and notice the Clerk of 
Peace shall file with the Prothonotary in the county wh 
the order shall have been n>ade, on or before the first 
of the next ensuing term of the Supreme Court in s 
county ; and the Supreme Court shall hear and deter 
the matter in a summary manner, and the decision of 
Court shall be final. 




»a>v- 37. The Clerk of the Peace, under the aulborit}^ o 

ty ^ General Sessions, shall sue for the amount payabl 
virtue of such order, in the same manner as if it we 
private debt due himself; and the amount when reco 
shall be paid into the County Treasury. 

com- 38. Every such committee shall have power to alt^ 
modify any such order, or to discharge therefrom tho T 
affected thereby, if such party shall become so redu 
circfumstances as not to be able to comply with the r^ 
ments of such order without injury to himself 
family. 

of 39. Every member of any such committee sh 

entitled to receive the sum of one dollar and fifty 
for each day's necessary attendance on such com 
which sum shall be a county charge. 

ion«r 40. Whenever the Commissioner of Public Wor 

uired."*^ Mines shall require any or further lands for, and in c 
tion with the Nova Scotia Hospital for the Insane, fi 
purpose whatever, he shall apply by petition to the S 
Court, or a Judge thereof, which petition shall be 
panied by a plan of the lands required. 

iigson 41. Upon the presentation of such petition 
Court or a Judge, an order nisi shall be granted, • 
upon all parties claiming any interest whatsoeve 
lands applied for, either jointly or severally, to nr 
arbitrator ; and copies of such rule shall be serv 
the parties in possession of the lands applied for, 

" ^"^" same shall be published for a fortnight, in one 
newspapers published in the City of Halifax ; a 
publication shall be considered as constructive s 
such rule or order nisi upon all persons interested 
unknown to the commissioner or upon whom 

^ service cannot bo effected ; and in case they ah 
agree in the naming of an arbitrator the Court oi 
shall name one for them ; and the Commissioner 
Works and Mines shall name one on bis own b^ 
the Court or a Judge shall name the third arbitr 
an order absolute shall thereupon pass appoin 
arbitrators. 








218 LUKATICS. 

Chap. 36. 'oi* the purpose of determining the respective 
the several parties to such lands. 

Title to hoipifai. 47. The title to the property known as the N< 
Hospital for the Insane and the lands belongii 
tached to the same is hereby confirmed and vest 
Commissioner of Public Works and Mines for th 
ing and his successors in office, in fee simple, foi 
poses and uses of such Hospital. 

Interpretation 48. In the coustructiou of thid Chapter, t 

"* * " Hospital '' and " Hospital for the Insane *' shall 

stood to mean the '' Nova Scotia Hospital for the 
the term '' district'' to mean a sessional distric 
county is divided for sessional purposes ; the ter 
ty ** to mean "county" or such "sessional disti 
" Supreme Court '' and " Court '' to mean a Juc 
Supreme Court ; unless such interpretation of ac 
terms is precluded by the context. 



of terms* 



SCHEDULE A. 

Statement to be forwarded to the Medical Supe 
when application is made for the reception of a 

1. Name of patient (in full), 

2. Where born, 

3. Son (or daughter) of, 

4. Residence, County of 

5. Age last birthday. 

6. State as to marriage, 

7. Number and age of children, 

8. Occupation, (or that of father or husband 

9. Natural disposition, 

10. Habits in health, — as to temperance, etc. 

11. Education, 

12. Religion, 

13. Age at first attack, 

14. Insanity, how first manifested, 

15. Number and duration of attacks, 

16. Where under treatment, and when, 

17. What relatives similarly afiected, 

18. ' Supposed cause, remote. 

19. " " recent. 

20. Duration of present attack, 

21. State as to sleep, 

22. Appetite for food, 

23. State of bodily health, 

24. Whether subject to Epilepsy, 



TITLE rtj LDHATIC8. 219 

25. Ad7 faltering of Bpeech, or loss of power, and Chap. 36. 

when, 

26. Present habits and propensities, 

27. What delusions, 

28. Whether suicidal, (attempted or threatened) and 

how, 

29. If dangerous to others, how, 

30. Pflcaniary circumstances, (or to whom chargeable,) 

31. Po8t.office address of nearest friend, and degree of 

relationship. 

32. Other particulars. 

I Certify that to the besf- of my knowledge the above 
particulars are correctly stated ; and I hereby request yoQ 

to receive the above named whom I last saw at 

on the — day of , (being within one month 

from this date,) as a person of nnsound mind as a patient 
into the Nova Scotia Hospital for the Insane. 

Name 

Address 

Degree of relationship (if any) or other circnmstancea 
of coDoection with the patient. 

N. B. — If any of the particulars in this Statement be 
not bowQ. the tact to be so stated. 'So patient to be sent 
to Hospital until a reply shall have boon received to this 

StBleroent. 



218 LUKATIC8. 

Chap. 36. ^or the purpose of determining the respective 
the several parties to such lands. 

Title to hoipitn. 47, The title to the property known as the N 
Hospital for the Insane and the lands belongi 
tached to the same is hereby confirmed and vesi 
Commissioner of Public Works and Mines for tb 
ing and his successors in office, in fee simple, fo: 
poses and uses of such Hospital. 

interprototion 48. In the coustructiou of this Chapter, 1 

"* " " Hospital *' and " Hospital for the Insane '' shall 

stood to mean the '' Nova Scotia Hospital for the 
the term " district*' to mean a sessional distric 
county is divided for sessional purposes ; the tei 
ty ** to mean " county** or such " sessional dist 
" Supreme Court ** and " Court ** to mean a Ju( 
Supreme Court ; unless such interpretation of ai 
terms is precluded by the context. 



of terms* 



SCHEDULE A. 

Statement to be forwarded to tlie Medical Supe 
when application is made for the reception of a 

1. Name of patient (in full), 

2. Where born, 

3. Son (or daughter) of, 

4. Residence, County of 

5. Age last birthday. 

6. State as to marriage, 

7. Number and age of children, 

8. Occupation, (or that of father or husband 

9. Natural disposition, 

10. Habits in health, — as to temperance, etc. 

11. Education, 

12. Religion, 

13. Age at first attack, 

14. Insanity, how first manifested, 

15. Number and duration of attacks, 

16. Where under treatment, and when, 

17. What relatives similarly afiected, 

18. ^ Supposed cause, remote. 

19. " " recent. 

20. Duration of present attack, 

21. State as to sleep, 

22. Appetite for food, 

23. State of bodily health, 

24. Whether subject to Epilepsy, 



TITU n.] LUNATICS. 219 

25. Any faltering of speech, or Iobb of power, and Chap. 36. 

when, 

26. Present babitB and propecBities, 

27. What delnsioDS, 

28. Whether suicidal, (attempted or threatened) and 

how, 

29. If daogerons to others, how, 

30. Pecaniary circumstances, (or to whom chargeable,) 

31. Postoffice address of nearest friend, and degree of 

relationship. 

32. Other particulars. 

I Certify that to the besf- of my knowledge the above 
particulars are correctly stated ; and I hereby request yon 

to receive the above named -whom I last saw at 

■ on the — day of ■, (being within one mouth 

from this date,) as a person of unsound mind as a patient 
into the Nova Scotia Hospital for the Inssne, 

Name 

Address 

Degree of relationship (if any) or other circumstances 
of coDoection with the patient. 

-If any of the particulars in this Statement be 
not known, the fact to be so stated. No patient to be sent 
to Hospital until a reply shall have beon received to this 

Sutement. 



218 LUKATICS. 

Chap. 36. ^o^ the purpose of determiDing the respective 
the several parties to such lands. 

Title to hofpifai. 47. The title to the property known as the N 
Hospital for the Insane and the lands belong! 
tached to the same is hereby confirmed and ves 
Commissioner of Public Works and Mines for tl 
ing and his successors in office, in fee simple, fo 
poses and uses of such Hospital. 

inter^tatJoD 48. In the construction of this Chapter, 1 

^ " ' " Hospital '' and " Hospital for the Insane *' shal 

stood to mean the '' Nova Scotia Hospital for the 
the term " district'' to mean a sessional distrii 
county is divided for sessional purposes ; the tei 
ty '* to mean " county'* or such •' sessional dist 
" Supreme Court '* and " Court " to mean a Ju< 
Supreme Court ; unless such interpretation of ai 
terms is precluded by the context. 



of tenxu. 



SCHEDULE A. 

Statement to be forwarded to the Medical Supt 
when application is made for the reception of a 

1. Name of patient (in full), 

2. Where born, 

3. Son (or daughter) of, 

4. Residence, County of 

5. Age last birthday. 

6. State as to marriage, 

7. Number and age of children, 

8. Occupation, (or that of father or husband 

9. Natural disposition, 

10. Habits in health, — as to temperance, etc 

11. Education, 

12. Religion, 

13. Age at first attack, 

14. Insanity, how first manifested, 

15. Number and duration of attacks, 

16. Where under treatment, and when, 

17. What relatives similarly afiected, 

18. • Supposed cause, remote. 

19. " " recent. 

20. Duration of present attack, 

21. State as to sleep, 

22. Appetite for food, 

23. State of bodily health, 

24. Whether subject to Epilepsy, 



TITLB a.} LUNATICS. 219 

25. Any faltering of speecli, or loss of power, and Chap. 36. 

wbeo, 

26. Preaeot bsbits and propensities, 

27. What delusions, 

26. Whether suicidal, (attempted or threatened) and 
how, 

29. If dsDgerona to others, how, 

30. Pecuniary circumstances, (or to whom chargeable,) 

31. Post^ffice address of nearest friend, and degree of 

relationship. 

32. Other particulars. 

1 Certify that to the best of my knowledge the above 
particulars are correctly stated ; and I hereby request you 

to recBive the above named whom I last saw at 

on ttie — day of , (being within one month 

from this date,) as a person of unsound mind as a patient 
into the Nova Scotia Hospital for the Insane. 

Name 

Address 

Degree oF relationship (if any) or other ctrcamstances 
of coDDection with the patient. 

-If any of the particulars in this Statement be 
DDt knowa, the fact to be so stated. No patient to be sent 
to Hospital until a reply shall have beon received to this 

Statement. 



218 LUKATICS. [P^ 

Chap. 36. 'oi* ^h^ purpose of determining the respective rigb 

the several parties to such lands. 

Title to hoipifai. 47. The title to the property known as the Nova £ 
Hospital for the Insane and the lands belonging c 
tached to the same is hereby confirmed and vested ii 
Commissioner of Public Works and Mines for the tin 
ing and his successors in office, in fee simple, for the 
poses and uses of such Hospital. 

intor^vtatJon 48. In the construction of this Chapter, the t 
" Hospital *' and " Hospital for the Insane *' shall be u 
stood to mean the '' Nova Scotia Hospital for the Inse 
the term ^' district'' to mean a sessional district wh 
county is divided for sessional purposes ; the term " 
ty"to mean "county'* or such "sessional district," 
" Supreme Court " and " Court '* to mean a Judge o 
Supreme Court; unless such interpretation of any of 
terms is precluded by the context. 



of terms* 



SCHEDULE A. 

Statement to be forwarded to the Medical Superiiile 
when application is made for the reception ofapatit 

1. Name of patient (in full), 

2. Where born, 

3. Son (or daughter) of, 

4. Residence, County of 

5. Age last birthday. 

6. State as to marriage, 

7. Number and age of children, 

8. Occupation, (or that of father or husband,) 

9. Natural disposition, 

10. Habits in health, — as to temperance, etc. 

11. Education, 

12. Religion, 

13. Age at first attack, 

14. Insanity, how first manifested, 

15. Number and duration of attacks, 

16. Where under treatment, and when, 

17. What relatives similarly afiected, 

18. • Supposed cause, remote. 

19. " " recent. 

20. Duration of present attack, 

21. State as to sleep, 

22. Appetite for food, 

23. State of bodily health, 

24. Whether subject to Epilepsy, 



niLB H,] LUNATICS. 219 

25. An^ falteriog of speech, or loss of power, and Chap. 36. 

when, 

26. Fresent habits and propensities, 

27. What delusiona, 

28. Whether suicidal, (attempted or threatened) and 

how, 

29. If dangeroQB to others, how, 

30. Peconiary circumetancee, (or to whom chargeable,) 

31. Post-office addresB of nearest friend, and degree of 

relationsbip. 

32. Other particulars. 

I Certify that to the beef' of my knowledge the above 
particulars are correctly stated ; and I hereby request yon 

to receive the above named whom I last saw at 

—^~— on the — day of , (being within one month 

fiwa this date,) as a peraoo of nnsound mind as a patient 
into the Nova Scotia Hospital for the Insane. 

Name 

Address 

Degree of relationship (if any) or other circumstances 
of coDoection with the patient. 

N, B. — If any of the particulars in this Statement be 

Htknowo.the fact to be so stated. No patient to be sent 

I to Hospital until a reply shall have beon received to this 

Sittement. 



220 LT7NATICS. [PABT L 

Chap. 36« 

SCHEDULE B. 

Certificate. 

cj) Name in full. I^ the Undersigned,* , being^ ^ and in 

( ) Oft on. j^^|.^jj^| practice, hereby certify that I, on the day of 

(c)Locauty. ^18 — at° in the County of 

(d)ira(neinfau. separately from any other Medical Practitioner, personally 

(e) Besidanoe. examined** —of ^ ' and that the said is 

(f) Occupation. ^ persou of uusouud mind and a proper person to be taken 

charge of, and detained under care and treatment ; and 
that I have formed this opinion on the following grounds, 
viz. : 
1. Facts indicating insanity observed by myself: * 

1. Appearance. 

2. Conduct. 

X Oonvenation. 

(g) State the in. 2. Facts indicating insanity communicated to me by 

formation, and -.xu^.,- ,a ^ >/ 

from whom. Others :» 

Name 

Place of Residence 
Date. 

N.B. — Two Certificates (dated within one month of the 
commitment) are required in every case. The second 
should not be signed by the father, brother, son, partner, 
or assistant of the Medical Practitioner who has signed the 
first certificate. 

SCHEDULE C. 

County of 

To any of the Constables of the said Countv, 

Whereas it appears to us the undersigned Justices of the 
Peace, (or Sheriff as the case may be), in and for the said 

County of , from the certificates of and 

both medical gentlemen, in actual practice in said 

County, that of , is of unsound mind, 

and is a proper person to be taken in charge, and detained 
under care and treatment. 

"[(hese are therefore to command you, the said Constable^ 
to take the said and safely convey to the 

* The facts npon which (from personal observation) the ophiion of iiuanll;r \mM faflM 
formed should always be spedfled. 



TtlLB Z.] nCOCRAQEHENT OP AOKIOTLTDBH. 221 

Prorincial Hospital for the Insaoe, and there deliver Chap. 37, 

into the cnstody of the Medical SnperinteadeDt thereof, or 

other person in charge. 

And we do hereby request yon, the said SoperintendeDt 
of the aforesaid Hospital for the Itisaoe, to Feceive, and place 
Qoder medical treatment the said . , nntil released 
in the nsnal manner. 

Given under our baud and seal at in the 

County of — this day of A. D. . 



TITLE X. 

OF AGRICULTURE. 
CHAJPTER 37. 

07 THE EHCOUEAGEMENT OP AQBICCLTCRB. 



1. The Governor in Council shall annually appoint a Appoinuneiitor 
Cenlral Board of Agriculture, consisting of seven persons, Srimlt?^"' 
ofwhom one shall bo aelected from among the members of 
fte Executive Government of the Province, and the 
MaiDing six shall be selected from the six districts 
Wotioned in Schedule B, in the manner hereinafter pro- 
~" }. Five of such Board shall be a quorum, and they 
be a body corporate, under the name of the '• Central 
ird of Agricultnre.'' 

It shall be the daty of the officers of every agri- K(Hnii»d0Bs foi' 
intl society, iramedtatety after their election at the bowmwia. ' 
bl meeting in December, to nominate one person suit- 
for appointnient to the Central Board; and the secre- Sinie,*i..tob« 
hiy of every society ahaii forthwith transmit to the Secre- ^^Mty^'^ 
tery of the Central Roard the name and address of the 
ftTvm so nominated. 

3. The Governor in Council. shall select six, from among oovaraorin 
Ae persona so.nominiited, to be members of the Central SSSba!^ "'"^ 
Boafd, one being choaen from each of the districts specified 
' n Schedule B, and the preference being given, for each 
■iistrict, to the person nominated by the greatest number 
of societies. In case of an equality of votes for any num> 
bor ot (tie persons so nominated for any district, the Qov- 
flmor in Council shall determine who of the number ahall 
b«tlie member. 



222 



ENCOUBAGEHBNT OF AGBICULTUBB. [PABT I. 



C hap. 37. 

In case of ne- 
glect to nomi- 
BAte, iso., mem- 
ber to be ap- 
pointed. 



Members to re- 
tire annually. 



Vacandes in 
board, how tilled. 



First meeting ; 
when held. 

Election of offl- 
i*ers. 



General meeting 
to be held in 
Halifax. 



Hpedal meetings 
may be called by 
secretary. 



Members only to 
recelre actual 
travelling ex- 
penses. 



Duties of board. 

To form coun^ 
societies. 



To receive re- 
ports. 



To pablish and 
distribute jour- 
nal. 



To obtain new 
stock, grain, &c., 
for distribution. 



4. In case the officers of the agricultural societies for 
any district shall neglect or refuse to nominate any person 
for appointment to the Central Board, or if the secretaries 
of the societies shall transmit no such name and address, 
the Qovernor in Council shall appoint a member of such 
Central Board for such district. 

5. All members of the Board shall retire annuallv^ on 
the thirty-first day of January ; but shall be eligible for 
re-appointment. 

6. When vacancies occur in the Board from other 
causes than the annual retirement of members on the 
thirty-first day of January, the Governor in Council may 
at once appoint new members without reference to nomi- 
nations bv societies. 

7. The first meeting of the Board shall be held at such 
time and place as the Governor in Council shall direct, 
when they shall elect a president, vice-president, secretary 
and treasurer. 

8. There shall be held in each year at least one general 
meeting of the Board, which shall take place at Halifax in 
the month of March, during the sitting of the Legislature, 
and of which at least ten days' notice shall be given. 
Special meetings may be called by the Secretary at the 
instance of the President, or upon the written request of 
three members, and may be hold at such times and places 
as the President or such tbree members shall determine. 

9. The Board shall not pay or allow any sum to a mem- 
ber thereof for acting as such member, except the amount 
of his actual hotel expenses, and necessary travelling ex- 
penses in attending its regular meetings, which shall not 
in any case exceed six cents a mile for the distance actual- 
ly travelled in going to and returning from such meetings. 

10. It shall be the duty of the Board — 

I. To take measures for the formation of county or dis- 
trict societies and for infusing new vigor and efficiency 
into those already in existence. 

11. To receive the accounts and reports of such socie- 
ties, and before granting the certificates hereinafter 
mentioned to entitle them to participate in the provincial 
grant, to see that they have complied with the provisions 
of this Chapter. 

III. To publish a monthly journal, for the diffusion of 
agricultural and horticultural information adapted to the 
condition and circumstances of the country, and to cause 
the same to be distributed as generally as possible. 

IV. To take measures to obtain from other countries 
animals of new or improved breeds, new varieties of 
grains, seeds, vegetables, plants or other agricultural pro- 
ductions for general and equitable distribution tbroughoal 



nru Z.] BBCOQBAGBUENT OF AQBICULTUBE. 223 

the eereral counties ; and to adopt every measure id tboir Chap. 37, 

jjower generally to promote improvement in the agricul- 

tnre and horticultore of the Frc"" — 



y. To bold every third year or oftener, should the i^i how » gow- 
3oard deem it advisable, in some central and suitable ^iwikS'S' 
Jocality, a general provincial exhibition of agricnltnral and '""'"'ety third 
Jiorticultural products, animals and domestic manufactures; 
and to fix the time, articles of competition, and list of 
prizes to be awarded, and the regulations under which 
such exhibilioDs shall be held, of wnich due notice shall be 
£iven at least twelve months before the same shall take 
place ; and in holding the same due regard shall be bad to 
'tbejuat claims of the several counties. 

11. The Board may at any time appoint a person to in- B»riito«pp(dni 
spect the books and accounts of any society in the Province SSS!™ "' "' 
receiving Government aid in connection with agriculture; 
and all officers of every such society, whenever required 
eo to do, shall submit its books and accounts to such inspec- 
tion, and truly, to the best of flieir knowledge, answer all 
qnestions put to them in relation thereto, or to the funds 
of the society. 



12. For the purposes of this Chapter the Board s 



I Boud uitlUed to 
dnv eartaia 



^ entitled to draw from the Provincial Treasury annually »um of mpn*!j : 
such sum not osceeding eight thousand dollars, as the ^^s^md nc- 
Governor in Couiici! may authorize, out of which they <*'"'*'■ 
may expend a sum not exceeding six hundred dollars for 
the salaries of their ofGcors, and a further sum not exceed- 
ing one hundred dollarri for stationery and other incidental 
Kpenses ; and tliey shrill exhibit to the Government, for 
llie information of the Legislature, every year an account 
of the expenditure of the same, with proper vouchers, and 
"full report of their proceedings. 

13. Agricultural societies may be organized iu any Agricoitntui »- 
■■TOly wherever forty persons or more shall become mem- ^'2'^.'"'"™'" 
n thereof, by signiog a declaration in the form of Scbed- 
■ A to thid CLaptor, and paying each not less than one ButncFiption. 
mx annually to the funds thereof. A true copy of such 
*ieclamtion shall, witliin one month after the money has 
\ twnso paid, bu trnn^^mitted to the Secretary of the Gen- 
f <nl Board. 

H. When any society shall be so organized, such J^g^^,(, 
[ iDciety shall be entitled to draw annually from the Board dnwfnmtna- 
f'^ warrant in favor of its president and on the certificate a^n^to^b- 
[ of the Secretary of the Central Board, not more than k»'p"™"- 
f doable the amount of thu subscriptions so raised and paid ; 
I Iho payment of such subscriptions to be certiBed upon 
I oath by the secretary or treasurer of the society ; ont Wotweweed 
I DO county society slmli be entitled to draw more tbao two '""p" "'"'" 
[ h pad red and fifty dollars in any one year. 



224 ENCOUBAGEMBNT OF AGRICULTUBB. [PABT 

Chap. 37. 1^* ^^ counties where more than one agrioultaral s* 
r-— — — -- ciety exist the Provincial allowance shall be eiven on th 
jowaooe; how principle m section fourteen, not exceeding for any count 
«pportio jj^^ g^^ ^£ £^^^ hundred dollars in any one year ; and th 

same shall be apportionefd among such societies by tb 
Central Board in a rateable proportion to the amount c 
the subscriptions raised and paid by each society for th 
year in which such allowance shall be claimed ; but n 
society shall draw more than two hundred and fifty do 
lars. 
Boundaries; how 16. lu caso of any difficulties arising as to the bom 
defined. daries of any such societies, the Central Board shall defin 

the same. 
Objects of airri- 17. The objccts of such agricultural societies shall b 
ruitotai societies. ^^ encourago and promote the introduction of improve 

stock, seeds, fruit, roots, implements, methods of cultun 
drainage, orchard cultivation, and improvement in fan 
buildings and domestic manufactures ; to hold shows an 
exhibitions ; to award premiums for excellence, and t 
diflFuse information concerning agriculture and horticulture 
The funds of such societies, derived from the subscrii 
tions of members or the public grant, shall not be expended 
for any object inconsistent with those above mentioned. 
AnnaaimeeUngs 18. The annual meetings of the societies shall be Iioli 
of societies. ^^ ^j^^ gj.g^ Tucsday of December in each year, when the; 

shall each elect a president, vice-president, secretary an< 

treasurer, and not more than five directors. 

First officers to 19. The officcrs appointed at the formation of sucl 

SSS^re^Sp-^ societies shall, until the election of their successors at thi 

pointed. auuual meeting, exercise all the powers vested in tbt 

societies by this Chapter. 

Special meetings. 20. They shall bold Special meetings, pursuant t 

adjournment or on written notice from the secretary 

which shall be given one week before the day appointee 

for any such meeting, and at any such meeting five shal 

be a quorum. 

May alter bye- 21. The Said officcrs and directors may at any sucl 

laws.ic meeting make, alter and repeal bye-laws and rules for th« 

management of such society, copies of which shall withii 
one month thereafter be forwarded to the Secretary of tbi 
Central Board for its approval. 
Annual report. 22. Such officers and directors shall, in addition to tli< 
when prewnted. ordinary duties of management, present at the annua 
meeting in December, a report of the proceedings of th< 
society during the year, in which shall be stated the namei 
of all the members of the society, the amount paid by aadh 
the names of all persons to whom premiums were awarded 
with the name of the animal, article or thing in reapeot o 
which the same was granted, together with such reoiarfci 



mU Z.] KTCOHBlSBinEHT OF AOBtCULTUBB. 225 

opon tbe anicnUnre of the connty as they may be enabled Chap. 37. 
to offer, and a statement of the receipts anddiBbnrseiQents 
of the society during tbe year ; which report and Rtatement, 
if approved by the meeting, shall be entered in tbe journal 
of the Bociety; and a true copy thereof, certified by the 
president ana secretary to be correct, shall be sent to tbe 
Central Board within one month thereafter. 

23. If any society shall neglect to render sach accounts Forteita™ lor 
and report, it shall forfeit its claims to tbe proTiDcial grant '"'''^ 
for the year next succeeding. 

24. The county society, where but one exists in »£°?°S "**"«" 
county, and the several societies where more than one are *ik>w. " 
entablished therein, shall be requested to hold an annual 

show for the exhibition of agricultural and horticultural 
produce, farm stock, and articles of domestic manufacture ; 
•t which prizes shall be granted for the best specimena 
produced : and such shows shall be held at such times and 
placoa and under 8ucli regulations as the majority of tbe 
officers and directors of the several county societies may 
fletermrne, 

25. If the olScora und directors of the agricultural ^e'jVj^i 
fociety of any county or part ofs county consider thatin[*weor2»ir 
iJiy other system might advantagoonsly be substituted for 

\m of shows, and that the sum allotted to such society 
miglit be better applied to the importation ot stock or to 
Mj otiier purpose for the improvement of agriculture; ia 
<iich case they may ao apply the said snm, provided notice 
tliisreof has been given to the Board of Agriculture and its 
»pprovaI of such appropriation obtained. 

26. The provisions of this Chapter shall extend to all^ 
igricaltaral sucictios at present in existence; ae well as 
I lo those hereafter to he established. 



SCaEDDLGS. 

A. 

)Fs, whoso names are hereunto subscribed, agree to 

feonrflelvea into a society under the provisious of the 

' T of the Revised Statutes, " Of the Enconragemeut 

punltnre,'' to be named the Agricultural 

^^io the County of ; and we severally agree 

^ to tbe Treaiiurer of the said Society towards the 
I tll«r«of annually tbe sums set opposite our respec- 



226 AGBIOULTUBAL AND LAND OORPOBATIOMB. [PA] 

Chap. 38. 



Names of SulMcribers. 


Bums Snbaeribed. 


A. B. 
CD. 


• 

$ 



B. 

District number One shall include the Citj and Co^ 
of Halifax. 

District number Two shall include the counties of Ei 
Annapolis and Digbj. 

District number Three shall include the countie 
Lunenburg, Queens, Sbelburne and Yarmouth. 

District number Four shall include the countie; 
Hants, Colchester and Cumberland. 

District number Five shall include the counties of 
tou, Antigonish and Guysborough. 

District number Six shall include the counties of < 
Breton, Richmond, Inverness and Victoria, 



CHAPTER 38. 

OP AGRICULTURAL AND LAND CORPORATIONS. 

Agricultural 1. Whenever twenty persons or more shall raise : 

iwTorgaDked. dollars per annum or upwards, to be applied for th 

provement of agriculture, they shall thereupon beco 

corporate body by such name as they shall think fit, 

all the privileges and obligations in the Chapter 

General Provisions respecting Corporations*' : but 

privileges shall continue only so long as there are t^ 

members or more in the society, and as they shall ann 

raise the sum of forty dollars at the least, and apply i 

the improvement of local agriculture. 

Fomuttion of an 2. Whenever any British subjects desire to fon 

iSJroS2?«t'of association for the purchase and improvement of o 

ian<to. lands on the lines of the trunk line of railroad from 

tax to Quebec, they may transmit the names of saofa 

sons, not less than twenty, as they wish to represent 1 



»•« 



HTLB X.] AOBIdTLTUBAL UtD LAND COBPOBA'nOIfB. 227 

to the commiBsioner of lands and emigration, to be trano- Chap. 38. 

mitted to tlie Lieatenant-Governor of this Province ; who 

sfaall thereapon, if, with tlie advice of Connoil, it be deter- 
mined to invest bdcIi persona with corporate powers, direct 
their Daolfls to be inserted in the Boyai Gazette, and a 
patent to issne clothing sach persons and their copartners 
with the privileges and legal liabilities of a corporation, 
npon the following terms, subject to svcli restrictions as 
may by the Governor in Council be deemed necessary: 

iXrst. — The name of the company and the names of its priTiic«n, lu-) 
directors to be lodged in the office of the Provincial Secre- iMnSwotttK 
tary, with an impression of its common seal, oompuij. 

Second. — The directors to be liable to the whole extent 
«f their fortunes for the debts of the company, being 
vested with power to sue and be aaed in their corporate 
capacity. 

Third. — The shareholders to be liable only to the extent 
of their shares. 

Iburth. — The company to purchase fifty thousand acres 
of crown lands on the line of railroad at such price as may 
lie determined upon by the Governor in Council ; with 
power to purchase any further quantity, when oue-halt of 
the original purchase has been sold and settled. 

Fi/Vi. — ^The lands to be laid off in lots of one hundred 
acres at the expense of the Government, and nnmbered on 
tlie plans from one to Sve hundred, it being provided in 
tne general grant, that every lot on which there is not a 
. dwelling house actually occupied, and at least five acres of 
I land cleared and improved, at the end of ten years from 
I Ihedate of its putchaso, shall revert to the Crown and be- 
come a part of the public domain, upon a declaration of 
lb Governor in Couacil to that effect, without office 
found. 

Sixth. — Whero the lands purchased are in one block, 
Uid are not iucluded in any township, they shall be formed 
iDtoa township ; and the inhabitants whenever they shol! 
Damber one hundvetl heads of families shall be invested 
bylaw with all the privileges of township organization. 

Seventh. — Tho capital of the company shall be limited to 
two hnodrod tJiousand dollars, but may be increased by 
four dollars for every acre of land purchased from the 

I^AvlQcial Government above the quantity specified in the 
1 condition. 
The company sliall liave power over such lands as PowBrotoom- 
ihHll purchase, over mines not subject to legal reser- »•■?»'"'"'"■ 
i», over the standing timber, mill sites and water 
egOB : and may lay off and sell each lands in town 
r blgcltB of less or more than one hundred acres, at 
D^ttWt and for tha generiU advantage. 



228 



FARMERS CLUBS. 



[part I. 



Chap. 39. ^* '^'^® company may enter into contraota with any 
^^~——~ commissioners appointed to construct so mach of the rail- 
flontnustforndi- way as wili ron through the lands purchased, and to work 
iSlroagfathdf and repair such railway after it is made ; bat no greater 
^^°^' amount shall be charged for the construction and working 

of such sections of the railway than is paid for constraot* 
ing and working other portions of the line. 



CHAPTER 39. 

OF farmers' clubs. 



Bturean of Ag- 
ricalture. 



Bureau of Agri- 
culture may 
establish " Fkr- 
mer^B Clubs." 



If otloe of forma- 
tion of ** Far- 
mer's Clubs." 



Election of 
etnoem. 



Fees for mem- 
bership. 

Club to keep 
record of trans- 
actions and pre- 
pjure statistics. 



1. The Central Board of Agriculture for the purposes 
of this Chapter shall be called the *' Bureau of Agricnl* 
ture/' to be governed and controlled as at present consti- 
tuted. 

2. The Bureau of Agriculture may establish one or 
more societies in the different counties of Nova Scotia, to 
be called '' Farmers' Clubs/' for the purpose of mutual 
agricultural and horticultural improvement. 

3. Any number of persons not less than fifteen, may 
organize and form themselves into a Farmers' Club for any 
county or district in a county, by signing a declaration in 
the form in the Schedule to this Chapter, to be addressed 
to the Bureau of Agriculture. Such declaration shall be 
in duplicate, signed by the persons aforesaid, one part 
thereof to be held and filed with the secretary after bis 
election, and the other to be filed with the Secretary of 
the Bureau of Agriculture. 

4. The officers of the club so formed shall be a Presi- 
dent, Vice-President, Secretary and Treasurer, to be elected 
by a majority of the club, who, with one other member to 
be chosen, shall constitute a standing committee. All sach 
officers shall be elected annually. 

5. The fee for membership shall be two dollars a year. 

6. It shall be the duty of such clubs to keep a record 
of their respective transactions, to prepare statistics in all 
the branches of agricultural and horticultural industry ia 
their several counties, and to publish in such manner and 
form as to secure the widest circulation in the Province 
among the clubs and agricultural societies, and farmeFS- 
generally, all such reports, essays, lectures, and other nsefbL 
information as such clubs may respectively procure aod 
adjudge suitable for pHblication. 



TTTLB 1.] FABMERS' CLUBS. 229 

7. Tbe Bareaa of Agriculture ahall from time to time Chap. 39. 

Erepare papers for the consideration of the clubs, to em- bmbm at Agri- 
raca among others the following subjects : drainage ; the 2^^'"'^ 
best fertilizers and manner of application ; the improve- oiutB. 
meat of dyked, marsh and swamped lands; rotation of 
crops ; lauds best adapted for cereals ; grain crops in their 
ranous departments; horticulture, and the improvement 
of stock ; together with such other matters as may from 
tine to time in the jadgment of the Bureau be considered 
neceBsary. 

8. Any club formed under this Chapter, having funds Mattor m«ij>. 
at its disposal, may offer prizes or premiums in the county 

for essays on questions of scientific inquiry relating to 
igricQltore or horticulture ; on the raising or improvement 
of stock, and the breed of horses, sheep and swine ; the 
invention or improvement of agricultnral or horticultural 
implements and machines; the productionof grain, cereals, 
plants, flowers, and fruits, and generally for excellence in 
any branch of agricultural, horticultural, or floral industry. 

9. Such subjects shall be discussed at the different JJjJi'^^.^S^ 
clnbft, and the resnlts arrived at sliall be transmitted by iedtoBotws. 
the secretaries to the Bureau of Agriculture. 

H. Tbe Bureau of Agriculture shall annually epitomize FnbuoiUMoi 
tbe'resnlta arrived at in the various discussions before the ^,^. 
dubs, and cause tbe same to be published for general sale 
and diatribntioD. 

U. The clnbs shall meet semi-annually, or oflener. Meatus*- 
Tbeir proceediags and debates shall be conducted under 
wiA raloB and Tegnlations as the Bureau of Agriculture J^J^ "•" 
nay prescribe. 

12. Every club established Dnderthia Chapter, shall be 2^.. 
abody corporate, under such name as may be selected by 
■jitfflajurity of the club: and such name shall be reported 
Hntbe secretary to Iho Secretary of the Bureau. 
W£l3. There shall bo allowed, for tbe purposes of this lwo*>i 
^^pter, out of the agricuttural grant from tlio Provincial 
'' Tt«uary, the sum of four hundred dollars, to be under tbe 
co&tiol of the Bureau of Agriculture. 

SCHEDULE. 

I Vt, the undersigned residents- of the County (or Dis- 

I tliot) of , hereby audertakd and agree to form our- 

I nlres into a Farmerij' Club for such County (or District), 
I under the provisions of Chapter 39 of the Revised 
■ 8taitea. 



230 



SEWEBS — DTEB AND HAB8H LAHDS. [PABT I. 



Chap. 40. 



CHAPTER 40. 



OommisBioiiB to 
oontinne in 
foroe. 



Commiwioiiera, 
how appointed, 
andiwomin; 
clerk to be ap- 
pointed and 



OommiMionen, 
howohoeen to 
oany on work ; 
how diimiased. 



Powers of ooni' 
raissionem for 
carrving on 
works; new 
worka, how 
tiegiin. 



OF COMMISSIONEBS OF SEWEBS, AND OF DTKED AND MARSH LANDS. 

1. All commissions issued for the appoiDtment of com- 
missioDors of sewers shall continue in force till the Gover- 
nor in Council shall otherwise direct. 

2. The Governor in Council at the request of any of 
the proprietors of any marsh, swamp or meadow lands, may 
appoint one or more commissioners of sewers for the 
county, 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 com- 
missioners shall appoint a clerk, who shall be sworn into 
office by one of the commissioners, and the swearing shall 
be entered in the book of record, which shall be evidence 
of the fact. 

3. Two thirds in interest of the proprietors of any 
marsh, swamp or meudow lands, within the jurisdiction of 
such commissioners, may by themselves or their agents 
select one or more commissioners to carry on any work for 
reclaiming such lands; and they may at any time add to 
or diminish the number of commissioners selected or super- 
sede an^ or all of them, and choose others instead ; and 
the choice or dismissal of any commissionerrs for or from 
the management of any particular land shall be made in 
writing, under the hands of two-thirds of the proprietors 
in interest in such 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 pro- 
prietors of such lands to furnish men, teams, tools and 
materials to build or repair any dykes or wears necessary 
to prevent inundation, to dam, flow, or drain such lands, 
or to secure the same from brooks, rivers, or the sea, bv 
aboiteaux or breakwaters, or in any way they may think 
proper, or for the erection of fences to protect the same : 
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 sha]!) 
name, as to the practicability of the work, or anything re* 
lating to the same. In case of the commencement of any 



TnXB X.] BEWEBS— DTK! AND lUBfiH LllTDS. 231 

new work, two-thirds in interest of the proprietors of the Gsap. 40 
lands shall first agree thereto. — 

5. GommissioDers may appoiut from among the proprie- owMsnnu; 
tors of aach lands one or more overseers to aastBt tnem, how'mor*' 
who shall be sworn by one uf the cotnmiBsiotlers. 

6. CommissioDers shall in ordinary cases canse three RoUaiobe 
davs notice, exclusive of Sundays, to be given to the pro- g^P"i>^e- 
pnetors of land, or to their known agents, where they reside 

within ten miles (or if in the Coaoty of Kings within six 
iBtIes)-ot the place where the labor is required to b^ done, 
to attend and farnidh labor and materials ; but in cases of 
sndden breacliea in any works, or apprehension thereof, 
tba immediate attendance of each proprietor may be re> 
qairrd ; or, if the repairs needed are not extensive, and 
the attendance of all the proprietors wonid involve nnne- 
cdssary expense, the commissioners may employ men and 
teams and farnish tools and materials at ihe expense of the 
proprietorB, as provided in the fourth section as to cases of 
Defect. 

7. The commissioners so chosen may assess the owners i»nnnaitiobt 
oroccapiera of such lands for any expenses incurred by ^^'^^^^ 
them, or their predecessors whose accounts remain unset- 
tled, for dykes, wears, drains, aboiteaux, breakwaters or 

fences, including a sum not less than two nor more than 
thrae dollars per day for every commissioner while actually 
employed, and a reasonable sum for the payment of the 
dsrk, overseers and collector, having regard to the quan- 
tity and quality of land of each owner or occupier, and 
the benefit tu be by him received. 

tX "Where any rate sliall exceed one dollar and fifty Rataemind- 
c«iita an acre on the wliole quantity of rateable land, the ilS^ut^'o^H 
naiQidsionerB shall oummon the owners or occupiers of JJJ^JSJS' '""' 
nch land, or their known agents, or such of them as shall 
' feside within ton {or in the County of Kings six) miles of 
tfae work, to meet at a certain place and at a certain time, 
not less thcin tlireo dayd exclusive of Sunday, after service 
ot such f'ummons ; when two-thirds in interest of the 
owners or occupiers present may elect not less than three 
Dor more than five disinterested persona as assessors, who 
ihiil be sworn into office in the same way as the clerk ; and 
lltey or A majority of I hem shall with the commissioners 
WHu the owners or occupiers for the expenses incurred, 
■Kladlng a sum not exceeding one dollar and fifty cents a 
day lor each assessor while actually employed. 

9. Tlie onmmissioLiers for the new or Wickwire dyke in oomminioans 
Sorton. may assess the ownera or occupiers of land in such ^k>m!i^»« 
dyka altboagh the rate shall exceed one dollar and fifty 
oeata an acre, provided the rate shall not exceed foar dol- 
ttn an acre on the wliolo quantity of rateable land, withoot 



232 



8EWEBS— DTKE AND MARSH LANDS. [FART I. 



Bftndow'ftnd 
Hwamp lands 
assessed for 
original drain- 
ing. 



Assesmnent 



^-aild as other 
rates. 



Fines, rates and 
assessments^ 
how recovered. 
Private set off 
disallowed. 



Gbap. 40. calling a meeting of the owners or occnpiers as provided 
in the last section, or taking the other proceedrngd pre- 
scribed by this Chapter where the rate exceeds ooe dollar 
and fifty cents. 

10. An assessment may be made in the same way in 
respect of meadow lands and swamps tor the original open- 
ing, draining, or fencing thereof, although the rate be less 
than one dollar and fifty centt^ an acre on the quantity of 
rateable land, 
when agreed ^^' ^^ ^^^ ownors or occupierȤ, or their agents, attend- 

to onanimoasiy iQcr such meeting, shall nnanimoudly acrree to an estimate 
and assessment m writing, to be entered in the books of 
the commissioners, it shall be valid and binding, as any 
other rate or assessment. 

12. All fines, rates and assessments shall be recovered 
bv and in the names of the commissioners so appointed and 
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 suflScient 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 the assessment shall continue to be a lien upon th^ 
land, although the same shall have been sold and conveyed p= 
and no fine, rate or assessment shall be subject to any 8et=: 
off of a private nature, or be connected with any privates 
Claim on the part of the plaintiff. 

13. When no goods of any owner or occupier of sacli^ 
lands can be found within the county where they lie, oi — 
the commissioners shall not think prudent to proceed oadei — 
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** 
handbills, posted in at least three of the most public placet^ 
in the township where the lands lie. 

14. If anv such lands cannot be let for a suffictoDt sam^ 
to pay the rate and expenses, the Sheriff or his deputy, 
the request of the commissioners, shall sell the same, or 
much thereof, as is necessary to pay the rate and expenses^ 
having given three months previous notice of the time^i* 
and place of such sale, by handbills, posted in at leasts 
three of the most public places in the township wtiere^ 
such lands lie ; and shall execute and deliver to the par — 
chaser a valid deed of such lands, for which deed, and hi 
attention about the sale, he shall be entitled out of 
proceeds to two dollars. A recital in the deed of aiioi^ 
handbills having been duly posted, shall be presnmpUT^^ 
evidence of the fact. No school or glebe lands shall ~ 
sold under this Chapter. 



Ltndit may l>e 
leased for pay- 
m?nt of rates. 



ICiybesoldif 
rents not 8ufB> 
dent. 



TirU X.] SBWIBS— DTKE ADD HABSH LANDB. 2S3 

15. Where tbe preieot or former owoer or ocoapier of Chap 40. 
nay laod, or bis koowa agaot, BhAlI Dot have agreed to the lm* ooiy ibu 
kaildiag of any dyke, wear, aboiteau or breakwater, or to jJ't^^iSdto''*' 
tli8 damming, flowing or draining of audi land, the land woriu. 

only shall be liable foi the rote or asseBament. 

16. Adj deficiency in the amount of a rate KMy he 'D^dM«itm,bow 
levied and collected as an original rate. 

17. No commiBsioDer shall be liable to an action tor ^°*'^^^^i!?u 
aoy demand for work or materials furnished by the owner mmmUdoDK 
or occupier or his agent, until all rates and expeaseB tltereon ^^°U£w- 
^[AiDflt the lands of such owner or ocoupier Bhall havo *'"* 

been paid, nor until after a reaaonable time for making np 
the rate bill and collecting the same ; and, before any letting 
or aale shall take place, the amount due to the owner or 
occapier of such lands for work or roaterialB, shall be 
dedacted from tbe amount due from such owner or occu- 
pier. 

18. Every owner or oooopier of such lands or his 2^??^^ 
Bgeot, shall, when required by the commiHsioners, provide qiiir«d taramuh 
at a certain time and place uamed a sufficient number of n^^nt. "^ "" 
laborers with tools, carts and teama, in proportion to the 
qiwotity of land owned or occupied; and for eaoli day's 

neglect in case of a sudden breach, or the apprehenaion of 
one, aball pay besides his rate or asseasment, a fine of one 
dollar for each laberer, and a like sum for each oart or 
team wo required. All fines when recovered shall be 
applied for the beneiit of such lands geoerally. 

19. When soda or soil shall be out off the land of any ^^^'*** 
pnprietor inside or outside of the dyke, for the parpoae of ua«d. 
■sking or repairiug such dyke, or when auoh lands shall 
Wm^faed away or dyked out, or injured by carting ovor 

fto aame by order of the commiesionera, Ruch damage 
AmU be valued, asseeaed and paid as other dyke rates. If 
Vban bQ any lands so reclaimed, lying undivided and in 
common, the same shall be, as far as it may be available, 
■llotted tu the party injured, and the balance only, il any, 
UBesscd ne above. 

20. When soda or 6oi! shall be cut off tbe lands of any P» ™^ ot<>om- 
pnprietor inside or outside the dyke, for the parpoae of 

making and repairing aucb dyke or an aboiteau, the com- 

niaaioners shall have power to settle the value of the same 

with the owner or owners of tbe land, provided the damage 

doos not exceed five dollars for each person ;and if tbe con- 

mitttonera and owners oannot agree, each party shall choose 

W ireeholder as appraiser, and such two appraisers shall 

I tapoinCathird freebolder to act with them, and the decision 

i m my two of such ireeholdera shall be final ; and if the ap- 

Kjnisere «o appointed do not allow one sixth more tbui 

^■M been ofi'ered by the comuiissioners, the ownera shall 

^^K all the expenses coDsequent apoD such appraisemeot. 



234 SEWSBS— D7KE AND MABSH LANDS. [PABT I. 

Chap. 40« 21« The clerk of the commissioners shall keep a record 
aerk to keep. ^^ *'' theiT proceediDgs, and a fair account of all moneys 
record. expended by them, open to the inspection of all persons 

interested therein, on payment for each search and exami- 
nation of the book at one time of twenty cents ; and a copy 
shall be furnished to every person interested when de- 
manded, on payment of ten cents for every ninety words. 
Salt marsh. 22. Whenever by the making or repairing of a break* 

water by direction of a commissioner of sewers, salt marsh 
/ lying outside the same shall be benefitted thereby, the 
same shall be taxed and assessed towards the expense of 
the breakwater in proportion to the benefit derived. 
Bxpenaeaneseed 23. Whenever in the draining of any swamp or meadow 
on^part. benefit. ]^^^ ^ pj^^t shall be benefitted, the proportion of the expense 

shall be assessed on that part only. 
Competency of 24. A clcrk or overseor or collector shall be a com- 
oiBomu wit-^ petent witness to prove any fact connected with the duties 
nesses. ^f {jjg office, 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 upon nimself in 

relation thereto, 
commiadoner 25. No commissiouer of sowers shall hold the office of 

■hiUnotbedlerk. i « ii i. 

clerk or collector. 

Plans, when 26. When aoy commissioner of sewers having the 

SbtaSSZ' ^^^'^ 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 called upon shall be bound 

by such survey and plan. 

Outer dykes 27. Where any lauds enclosed by dykes shall, by other 

^^^t^^ dykes erected outside the same, be enclosed and protected, 

how'keDt In' Commissioner in charge of the lands reclaimed by outer 

repair. dykcs shall call a meeting of the proprietors of the land 

within the whole level contained and enclosed by such outer 

dykes, who shall reside within the township or within ten 

(or in the County of Kings six) miles of the place where 

such lands lie, giving six days' notice of the time and plaoe 

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 the commissioners, shall 

elect not less than three nor more than five disintereeted 

freeholders, who, being sworn before a justice, shall detoP* 

mine what proportion or decree of benefit has accrued or 

is likely to accrue to the old or inner dykes and the laodi 

lying within the same from the new or outer dykes, aad 



TITLE X.] SBTBIia— DTEB iXD KABSH LAHDS. 2SS 

shall settle and declare the proportion of expense the pro- Chap, 40. 

prietors of the Innds within the old dykes ought ancnally — 

to oontribnte and be assessed towards the maintenance 
and repair of the new dykes ; and such persona, or two- 
thirds of them, shall make a report in writing of their pro- 
ceedings, which shall be entered in the book of record for 
SDch oQter dykes ; and every snm or proportion of expenses 
so settled and declared shall be borne upon the lands 
within the inner dykes, and be assessed and collected as 
other dyke rates. 

28. If such onter dykes shall at any time cease in whole outsr dynn 
or in part to proteot such inner dykes, the lands within the ™to5i?|^ 
inner dykes shall not for snoh time contribote or be assessed 

to the sopport or repair of the outer dykes. 

29. If at any time two-thirdH in interest of the proprie- PmprMonin- 
tors of the lands within the inner dykes shall be apprehen- n.^!^^™ 
«7e that the onter dykes are unsafe or out of repair, two- !!^*^^!^!p 
thirds in interest of the proprietors of the whole level may of oatadyko. 
call upon one or more commissioners to examine the outer 

dykes; and if snoh dykes appear 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 
pDt the inner dykes in a state of repair, as shall seem most 
advisable. If the inner dykes be repaired, then the pro- 
prietors of the lands enclosed thereby shall bear the ex- 
pense. 

30. If any person shall pasture marshes or other lands DrkMininnii 
endosed by a common dyke or without and adjoining such J^SftoTi^ 
iljte, or shall make a road over such dyke whereby it shall p*'™* 

^e iDJiired. the commissioners mny make an order on suoh 
pereon, as often as occasion may require, for repairing the 
iwnry by a certain day to be named therein ; and in case 
otrefuital of obedience to such order, the commissioners 
•l*!! cause the injury to be repaired; and the person dis- 
obejing the order aball forfeit for every offence two dol- 
Wb, which, with the costs of the ropair, may be recovered 
tnd applied as other dyke rates. 

31. On application by any proprietor of marsh, swamp appUmUob) tor 
ortoeadow laoda, in writing, signed by him or his agent, i^^ng," 
to the commissioners for the county or township io which JJ^JjJ?'"'^ 
Cht lands lie, or in case there have been a commissioner or 
commissioners selected by two-thirds in interest for carry- 

iog on work over the lands whereof the same forms a part, 
tbeo to snob commissioner or commissioners, setting forth 
that the same are frequently overflowed and rendered an- 
pnidactive ; the commissioDers or any three of them, or 
tite commissioner or commissioners so selected, as the cue 
. a^r be, «baU iuqaire into the merits of the applicatioD, 



2S6 



SBWEBS — DTKE AND MAMH LJlHDB. [PABT I. 



Chap. 40. 

L 



HAking, alter- 
ing. Jbo., roads, 
Slc., throuffh 
dyked hmdn. 



Flowing dyked 
aada. 



FtotIm. 



and may direct aaoh 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 measures as they may deem proper for rendering the 
lands productive, and may require the proprietors or occu- 
piers of the lands through which the drainage shall be 
ordered, to perform a just proportion of the labor neces- 
sary for the purpose, and shall have power to tax all lands 
benefitted by such drainage, and the proprietors or occu- 
piers 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 dyke rates are ; but no such rate shall be payable 
until ten days after notice given by the commissioner or 
commissioners, or his or their collector or clerk, to the 
proprietors or occupiers, or their known agents respec- 
tively, residing within ten (or in the County of Kings six) 
miles of the lands drained, of the amount thereof, or in 
case of an appeal, until after the decision thereon. 
* 32. Two-thirds in interest of the proprietors of any 
body of marsh, dyked or undyked, may on application in 
writing, specially require the commissioners of sewers 
having such laud 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 interest may deem expedient or advantageous ; 
and the commissioners ao appointed or required may call 
upon the proprietors of such lands to furnish men, teams^ 
tools and matoi'ials to carry on such works, and may aaseaa 
the owners or occupiers of such lands according to the 
benefit to be derived, and collect such rates in the Bame 
way as ordinary dyke rates. 

33. On application in writing, two-thirds in interest ot 
the proprietors of any part or portion of any dyked 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 them- 
selves from the same county or town, to proceed imme- 
diately and set off such part or portion into a separate 
body, and dyke out such part or portion for the purpose of 
flowing the same; and such commissioner may requhre 
the proprietors or occupiers of such lands to furnish theif 
proportions of labor and materials necessary to erect m 
division dyke for that purpose, and shall assess them for 
the expenses and damages thereof according to the benefit 
to be received by tfuch flowing: provided always, that 



Jl Zj BBWERS— DTKl AHO lUBSH LANDa. 237 

ineTor it sball appear to any oommissioner of eewera Ohap. 40; 

inmg saoh flowed lands that such division dyke is 

fficieat, and each laods adjoiuing are endangered 
ehy, it shall be lawful for suoh coajmissioner to repair 
1 dmsioD dyke, aod collect the expenses thereof from 
proprietors of laud so dyked out. 

f. The expeoaes of repairing the dyke cut for sacbBip«iun.hoir 
iog shall be borne by the proprietors of the land so '™^' 
ad oataud flowed. 

i. If not less than one-third in interest of the pro- irotice by pro- 
tors or occupiers taxed shall within seven days after J^^'^JJ^'' 
g notified thereof give notice to the commissioner or 
miestonerB in writing, signed by them^elTea or their 
■ective agents, that tbey are dissatisfied with the rate, 
I commissioner or commissioners shall summon th» 
era or ocoopiers of such lands or their known agents 
aob of them as shall reside within ten miles (or iu the 
ity of Kings six miles) of the work, to meet at a cer- 

place and on a certain day, being at least three days, 
Dsive of Sunday, after service of snch summons ; a m w w to ba 
oa majority in interest of those present shall elect S^^^TSSTi.. 

leas than threu or more than five disinteresEed *°^' 
ODfl as assessors ; and the assessors or a major- 
of them, having been first sworn into office in the 
1 w«y as the clerk, with such commissioner or com. 
ionerii, shall assess such owners or oceupiers fur the 
)Q3e8 incurred, iiicluding a sum not exceeding one 
IT and fifty cents a day for each assessor while actually 
ioyud, and tliu deuisiou of the assessors or any three of i 

a shall be final. 

i. In case the proprietors neglect to meet at the time Ksdaor pnco 
place appointed or to nppoiut assessors, or in case the iilitkm bm mm- 
saors or ii juiijority of thom neglect to perform theP""*'^"'* 
ss impoiied upon tlioni ; the commissioner or commis- 
ers ehall forthwith submit and refer such rate to three 
ir dtdinterodted commissioners of sewers of the county 
wnship witliin witiclj the lands lie, by name; who shall 
bintU revise, and, \t tliay see fit, amend such rate, and 
dSGtsioo of tho reviaiug commissioners, or any two of 
a, shall bo filial. 

f. When the lund of uny proprietor within such marsh, J'T*^"" 
up or meadow land, other than that ol the applicant, n^tappi£uu1" 
1 Daro been injured by such draimige, or other mea- ^^JJj°** *"' 
a ordered, the damage shall be valued, assessed, and 
I in tbe Mme manner as directed for the expenses 
vrod in suob draimtge. 

i. Whw) any dykod marshes are owned by two pfl'-S^^JoST 
I io tadi proportions that neither is interested to ^'^^^'^liT'^ 
I9L, ettse-tbtrds, either party may require oue or more [j^dadfar. 



238 



SBWEBS — DTKB AND HARSH LANDS. [PART I. 



Chap. 40. 



Certionii for 
removing pro 
oeedin|{8Uito 
Bupreme Court. 



Vines for clerks 
and other offi- 
cers neglecting 
duty. 



Notices may be 
verbal unless 
otherwise 
spedfled. 



Two-thirds of 
proprietors may 
choose collectors 
and other offi- 
cers, settle rates 
of wages, &c. 



commissioners to take charge of and carry on any work 
necessary for repairing the dykes thereof. 

39. If any owner or occupier of land think himself 
aggrieved by the proceedings of the commissioners or of 
any person acting under this Chapter, he may remove the 
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 sliall be first given by the applicant to 
the Prothonotary of the Court for payment of costs to be 
awarded and taxed. 

40. All clerks, collectors, overseers and assessors, wba 
shall neglect or refuse to comply with their duties, shalL 
be liable to a fine of tsvo dollars for each offence, to b^^ 
collected and appropriated as other fines under this Chapter.. 

41. £very notice required to be given, unless herei 
otherwise directed, may be a verbal notice to be given 
the parties in person or left at their dwelling houses i 
known, and within the distance limited in this Chapter. 

42. Two-thirds in interest of the proprietors of any 





Oommlssioner, 
how far Uable 
for predeces- 
sor's acts. 




Dyke lands 
alone to be as- 
sessed. 



Persons widen- 
ing drains, &c., 
liable for dam- 
ages. 



marsh, swamp or meadow land, may make choice of a col 
lector, overseers and assessors ; may order, confirm or di 
allow any plan of lands, and settle the wages to be pai 
to or for the collector, overseers, laborers, carts or teams 
and the price to be paid for materials, and cause the sam 
to be entered in the book of record for the guidance o 
the commissioners. 

43. No commissioner shall be liable for any act of hi 
predecessors in office about any work in which such com 
missioner is engaged, unless for money he might or coul 
have collected on account of work done by his predece 
sors. 

44. No lands except dyke lands, properly so called^ 
shall be rated or assessed for any dyke rate for any purposes 
under this Chapter. 

45. Whenever any proprietor of any marsh or swamp 
land, or land covered with water, is desirous of making* 
any improvement on his own land, by deepening or widen* 
ing the watercourses or drains of lands of any other per- 
son lying in front of such land, he shall be at liberty to do 
so independently of the commissioners of sewers or of the 
provisions of this Chapter. But nothing in this section 
shall prevent the person making such improvement from 
being liable for any damage he may cause by such works; 
provided, that no such improvement shall bo beetin 
until the party proposing to undertake the same shall 
have filed with the Clerk of the Peace a sufficient bond, 
with not less than two sureties to be approved by such 
clerk, to pay for all damages arising from such coDtempla* 





TITLB Z.] COUHONS. 289 

ted improremeDt. Provided always, that whenerer it Chap. 41. 
shall be fonnd necesaary to cat any draio throngh any S^^^^ 
dyked or marah landa the aame shall bo done aoder the ^^^"?^' 
aaperviaion of the commiaaioners of sewera. nipanUuDot 

46. Whenever, pursuant to ihe laws of New Brunswick, «""'"''*"»™- 
there shall be appointed in that Province two or more xwoormon 
commissi one re for the body of marsh on both aides of the JJJ^Sa^ 
boundary line between New Brnnawick and Nova Scotia, ^^""^ 
adjacent to the Missequash River and its tributariaa, North twootaigTea.p- 
of tbo point where the marah landa of Joseph Trenholm ^^ti^ta" 
and the lands of the eatate of Henry Chapman, deceased, |^|™^'^'' 
meet sooh River, it shall be lawful for the Governor in cj-^M^Smm 
Coaacil, upon the written roquisition of the marah pro 

Erietore on tbe Nova Scotia side of the said boundary 
ne, from time tu time to appoint two or more commis- 
BJoners of sewers, wlio shall be sworu into office as directed 
bv tbis Chapter, and who together with an equal number 
oi" commissioners appointed in New Brunawick, shall form 
aboard called the "Missnquaah Commissionera of Sewers,'' 
a majority of whom shall form a quorum. 

47. Such board of commissipners, or a majority ofTbeirpowv* 
them, shall have and exercise as regards such body of '"* ^^'•"' 
mareb on botb sides ot the boundary line aforesaid all the 

powers and privileges conferred upon commiaaionera of 

tewera generally under and by virtue of this Chapter, and 

in as full and ample a manner aa if snch property lay 

wholly within this Province ; and it shall not be necessary 

to make separate rules for tiie portion of land lying in this 

Province, nor to appoint separate officers, or take separate 

I proceedings in reference thereto, but the proceedings may 

L tecoodncted throughout by such board conjointly, and all 

B ntee and aaaesamenta upon property lying in Nova Scotia 

H Uybe enforced and collected pursuant to tbe provisions 

^r of this Chapter. 

CHAPTER 41. 

OP C011MDM9. 

1. T!ie sessions shall make regulations respecting com- s«*^Dito>un 
Dons in the several tunnships and enforce the same by 
penalties not exceeding eight dollars; and they ahall have 
^general management of the commons and the control 
of mo supervisors in tho discharge of their duties in re)a- 
€ni titeroto. 

2. Nothing ill this Chapter contained ahall extend to c«t«iiii 
tiie City of ualifux nor to any common, regulated by a """"" 
special act remaining unrepealed. 



240 



COMMON FIELDS. 



[part I. 



Chap. 42. 



CHAPTER 42. 



OP COMMON FIELDS. 



lines and 
twondAriM, how 
kept up. 



HcgokAioDS to 
be made at 
annual geneFal 
meeting. 



Kegnlationt to 
^recorded. 



Fine for non- 
compliance. 

Proceedings to 
compel the erec- 
tion of fences. 



Brands to be 
entered In 
clerk's book ; 
fee therefor. 



Fine for a 
second entry 
of same mark. 



Fine for on- 
antborised or 
counterfeit 
brand. 



1. Each proprietor of lands lying unfenced or in a com* 
rooD field shall, once in two years, on six days' notice given 
to him or his agent by the adjoining proprietor, rnn the 
lines, and make and keep up the boundaries of such lands, 
by stones or other Rufficient marks; and any person neglect- 
ing so to do shall forfeit four dollars. 

2. The proprietors of common fields shall meet annually 
on the first Monday of September, or on some other day 
to be appointed at a general meeting, at some convenient 
place, and by vote ot a majority in interest of those pre* 
sent may make regulations respecting the managing, fenc* 
ing and improving the same, and keeping the fences there- 
of 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. 

3. The regulations shall be entered in a book to be kept 
for the purpose, and shall be signed by the chairman of 
the meeting ; and the production of the book and proof 
of the entry made therein shall be sufficient evidence of 
the regulations. 

4. If any person shall not comply with the regulationsi 
he shall forfeit a sum not exceeding two dollars. 

5. In addition to any penalty imposed by this Chapter, 
if any proprietor shall, after three days' notice from another 
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 so refusing shall pay double the expense to the 
fence viewer. 

6. Every brand or mark adopted by the proprietors of 
any common field by their regulations for branding or 
marking animals to be turned thereon, before being used 
shall be entered in the town clerk's book, and he shall 
receive twenty cents for making such entry. 

7. The town clerk, after entry of such brand or mark, 
shall not enter any other brand or mark similar thereto, 
under a penalty not exceeding forty dollars. 

8. If any proprietor of a common field, or any person 
by his direction, shall, with a brand or mark not rocord«d 
or entered by the town clerk, brand or mark any animal 
for the purpose oi turning the same into a common field, 
or shall counterfeit any such brand or mark for the pm^ 
pose of branding or marking any animal, every person so 



TITLt X.} OOUHOM HELDS. 341. 

offending or being accessory thereto, sball forfeit a bqid Chap. 42i. 

not exceeding twenty dollars. 

Every proprietor of any field adjoining a common ' 



field encloxed and improved, in case his part oi the fence ™orii£aS^ 
dividing his lund from such common field shall become de- iTiUk^^i^'' 
fective, shall immediately make the same n legal fence ; 
and in case of his neglecting so to do within three days 
after notice given him by the field keeper or any proprie- 
tor, aoy fence-viewer on application may fortliwitb canse 
the same to be repaired ; and the person who ought to 
have repaired the same shall pay doable the expense thereof 
to the fence-viowor. 

10. If any proprietor in a common field shall desire to Praprietordv- 
bave bis land separately fenced, he shall unless otherwise ^tunt^'^i^ 
assented to by two-thlrdi* in interest of the whole proprie- JiJ|°t'3^f~„. 
tors, bear the whole expense of fencing the same. and shall EemtaumL 
le bound to keep such fence in repair at his individual ex- 

fiense. 

11. At the annual meeting the proprietors shall appoint committnoc 
Irom among themselveii a committee, of not less than three how»!|!^i^ed; 
nor more than five, to carry into effect the regulations**"^ "''• 

* made respecting such common field tor the ensuing year. 

13. Whenever the committee shall find it necessary to inrtnuTtianiu 
iiise money to carry into effect any regulation not apply- ISr^^JriS^JS. 
ugto the making or repairing of roads or bridges in or f™"- 
across sacb common field, they shall assess the amount on 
the leveral proprietors or oocnpiers of tlio common field by 
ai even and equal rate, according to the quantity and quali- 
I tyat land held ; and in cases of regulations applicable to the 
I making and repairing of roads and bridges in or across 
t sDc^ common field, the committee stiall assess the amount 
H M the propriutors or occupiers by an even and eqnal rate, 
jH ^tetrding to the bcuetit to be derived from such roads and 
EH WHgee by each pnipriofor or occupier respectively, 

' if The htst section shall not extend to any c" "mon sem^ isbm^io 
Srid on the Grnnd Praino, or Wickwire dykes in Horton ; Pniria. 
tiOttUe cummittea for any common field on such dykes 
'ttll hare powur ^o make and repair all fences, gates, roada 
nI tiridgea in, acrot^s or aroand the same, to call meetings 
of the proprietors, giving three days notice to all proprie- 
ty reai'ting within six miles of their clerk's office, and to 
•ballactA iieceasiiry for the security and improvement of 
'» common IJL'ld, luui to notify the commissioners of 
•r« of said dykes of socb expense; and the commis- ^^^^" 
•re ahall include the amonnt in any sum of money to ijktt. 
be by them assessed npon the proprietors of such dykes 
•a ordioftry dyke taIiss, and shall apply such amount in 
payment of ibe expenses incnrred, as certified by each 
committdo. 



242 



LATINO OUT^ ETC., BQAOS. 



{PABT h 



Chap. 43. 

OoUeoton ap- 
pointed by com- 
mlttee; thdr 
<luty. 



Allovranoe to 
oommitteeto 
be inoladed in 
nwesMTnctnt. 



14. The committee may by writing appoint a person to 
collect from the proprietors or occupiers the several sums 
assessed upon tliem respectively ; and the collector, upon 
neglect of any party assessed to pay the amount for wbieb 
he shall have been rated, after due notice of sncb assess- 
ment, may collect the same as if it were a private debt 
due him. 

15. The committee may include in any sum to be as — 
sessedy one dollar for the attendance of each of their num — 
ber, for every day actually employed in carrying tbe rega — 
lations into effect. 



TITLE XI. 

OF HIGHWAYS, BRIDGES, PUBLIC LANDING 

FERRIES AND RAILROADS. 



CHAPTER 43. 



OF THE LAYING OUT AND MANAGEMENT OF CERTAIM OREA^ 

BOADS. 



Koads to which 
thU chapter 
apf^es. 



1. The provisions of this Chapter shall extend to th 
following roads only, viz. : The main post road from Halifa^^ 
to Pictou, thence to Antigonish, Guysborough and Saim' 
Mary's; the great eastern road from Halifax to Saii&'^ 
Mary's; the eastern shore road from Dartmouth to SaiB^ 
Mary's; the road from Antigonish to Port Mulgrave by 
Anid's and Cape Porcupine, and also from Black Bridger 
Tracadie, to Port Mulgrave ; the road from Guysboroneb 
to the Strait of Canso ; the road from McMillan's, East side 
of the Strait of Canso, to Saint Peters, thence by the 
Bras d'Or to Sydney, and thence to the Sydney MioeSi 
Boulardarie, Baddeck, Middle River and Margaree, thence 
to Broad Cove, Port Hood and McMillan's, at the Strait d 
Canso, thence to Baddeck by Victoria Road ; the road troB 
Arichat to Grandance ; the road from Truro to Amberst, 
and thence to the boundary of the Province; tbe road 
from Truro to Amherst by Tatamagouche ; the road from < 
Amherst to Parrsborough ; the road from Pictou to TataoM^ 

Souche ; the road from Halifax to Windsor, thence to 
[entville, Annapolis, Digby, Yarmouth, Shelbume ai^ 
Liverpool; the road from Liverpool through •"•" 



TRLB n.] LATINO OtTT, ETC., ROADS. 343 

Sonth BrookfieM, Hftnnony, Kempt, nnd Maitland to Anna- Chap. 43. 
poliB ; the road from Liverpool to Mill's Village, tlience to 
Bridgewater and Habone Bay, and thence to Cbeoter and 
WiDOsor; tbs road from Ghestur to Salifax by tiaiiit Mar- 
garet's Bay ; the road leading from the Kempt road, in the 
couDty of Richmond, to Weat Bay, thence by the same 
Foad to Saint Petera, thence to Grand River, tbence to 
Lonisborg by Saint I2dprit; the main poat ro&il from "Sew 
Glasgow, in th« County ot Pictou, to Shorbrooke and Wine 
Harbor, in the County of Guyaboroiigh, and the main poat 
road leading from Baddeck, in the County of Victoria, to 
Big Baddeck Glen and thenc9 to North River, Saint 
Ann's. 

2. Commissioners to expend moneys for the opening of fHntoiu<ii> 
new roads or altering old ones when it shall be ueceiieary ^^^if^T^ "' 
to cross private lands for that purpoHe, the proprietors 
whereof claim damages, shall if deemed for the public 
bene6t, make an agreement in writing with the proprietors : 
tbe agreement to state the length of the road and the 
imonnt agreed on for damages and cost of fences, and to 
hive a plan of the road and land through which it is in- 
leaded to be carried, annexed ; and tbe same shall be laid 
before tbe general sessions of the peace for tlie county or 
district, or a special eesflions, and also a statement of ex- 
penses and charges attending the same ; and if the sessions 
tpprove of the agreement or portions thereof thoy shall 
ntnni the satoe with their certificate to tbe Provincial 
^retary's office, to bu UiiT before the House of Assembly ; 
ud the HouHe, having con»id»red, may confirm tbe agree- 
DieDt or any portion thereof, in which case the same shall 
lie returned to the Provincial Secretary's oflice ; and the 
Pro?inciaI Secretary may draw warrants on the 'Treasurer 
fbrone-liaif tbe amounts which may be confirmed, and the 
stiier half thereof shiill be a charge upon the county or 
diltrict within the Iimit» of which sucb damages have been 
iWBrred. 
3. When no agreement shall be made, or any part Mod* «*p™«- 

uiefeof shall not be contirmed, one appraiser shall be«( 

tppointed by the Governor in Council, a second by the*" 
JMrsoHH interested in the lands, and on their default after 
tbree days notice by the commissionQr, and a third ohall in 
soycoAe be appointed by the commisnioner ; and the three 
■pprsisura shall be sworn to tfie faithful discharge of their 
dntios, and shall enter upon tbe lands and lay oat the road 
in tho manner most advtinlageous to the public and least 
dfrtrtmont*) to the persons interested in the laod, and 
moMaro and mark the same, and appraise tbe lands, taking 
iotoaccottnt tbe improvement, and assess the damages to 
tbft «WQ9f« aod tesaats therefor, aad for feaoing the tides 



244 



LATIKO OUT| ETC., KOADS. 



[FART I 



Chap. 43. 



CommiMioner 
may proce-d im 
medUitely upon 
agraement or 
appdralsemeiit. 



FflDoes tobe 
made before 
compensation. 



Damages from 
rreasniy re- 
Ntrloted to roads 
in first section. 



Width of road. 

Bite of road 
K^n held as 
»(nrrendered. 



What roads un- 
der charge of 
governor in 
coundl. 

Qreat eastern 
road. 



Koad from 
Truro to frontier 
of New itruns- 
wiok. 

Eastern shore 
road. 

BTew Guysboro' 
road. 




of the road; \^hich appraisement shall be reduced to writ 
ing, and accompanied by a plan and admeasurement of th< 
road, shall be retnrned to the Clerk of the Peace, to b 
laid before a general or special sessions ; and further pre 
ceedings »hall be had thereon in conformity with the pre 
visions of the last preceding section. 

4. After any agreement shall have been made or ai 
appraisement had under the second or third sections, tb( 
commissioner may enter upon the lands and proceed witl 
the road, leaving the compensation to be paid to the pre 
prietor to be finally determined in the manner in such sec 
tions respectively directed. 

5. No payment for fencing shall be made under thi 
Chapter until the proprietors of the land shall have mad< 
oath that the same has been put up in a proper manne 
and at least thirty-three feet from the centre of the road 
and encloses in whole or in part some of his lands, am 
that the same shall not be removed with his assent; no 
shall any compensation for such fencing be made unless 
claimed within one year after the road shall have beei 
opened. 

6. No money shall be drawn from the provincial trea 
sur}'^ for damages on the completion or running out of an 
new road or alteration ot any old one, other than on tbi 
roads specified in this Chapter. 

7. The road shall be at least sixty-six feet in width. 

8. When any road has been or shall hereafter be mad 
or altered without any demand for compensation by tfr 
proprietors of land through which such road runs withi 
one year from the opening thereof, such acquiescence oa 
the part of the proprietors shall be held a voluntarj*^ sn 
render to Her Majesty forever for a public highway of aj 
the land through which the new road passes to the breadC 
of sixty-six feet. 

9. The Governor in Council may assume the charge an 
management of the undermentioned great roads, that ^ 
to say : 

First, — The groat road East from Halifax to Sydney 
Cape Breton, passing through the counties of Halifax, 
Colchester, Fictou, Sydney, Inverness, Richmond 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 Guysborough road, from the point ol 
intersection with the great eastern road at Rutherford'i 
to the dividing line between the counties of Halifax and 
Guysborough. 



r' 

lec 



tlXLX XI.] LATINO OUT, ETC., ROADS. 245 

I'yih. — The southern shore road from the head of the Cbap. 43. 
Kprtli West Arm to the dividing line betwoen the comities Bonthm*^^ 
of HaliTaz and Lunenburg. 

Sixth. — The grout westism road from the city of Halifax er«twHton 
to Avon bridge in the county of IJanlB. '™^ 

Seventh. — The road from Livorpool through Middlefield, B«drnm 
South Brookfield, Harmony, Kempt and Maitlaod, to Au -"iX"""*"" 
napolis. 

10. The Governor in Council rany lay off the great ooTRnoria 
roads heroin mentioned in convenient eectione, not exceed- "tmutaiS 
iog one hundred niilei», and appoint one supervisor for each ■gj^'" "''™" 
of the aoclions so liitd off and determined. 

11. Such aupervixors when duly commissioned and snpovijDn, 
appointed shall hnve the general charge and superintend- "••'' ■I"™"!- 
ence of the sections of great road which shall be respec- 
tively qntrnsted to their care. 

12. The superviuore shall be entrusted with the ex- Ta«psid 
mditiire of whatever sums are annually voted by the '"°"*'* 

iegiitlature for the maintenance, repair and improvement 
of such groat roadd : the power of the Legislature to sub- PtotIh. 
divide and apportion the great road moneys not being 
impaired by this Chapter. 

13. la the expenditure ol such moneys, and in the Hodaorsipn- 
motle of accounting for the same, {except in so far as the *'""" 

law may be varied by any Order in Council which may be 
hereafter made and promulgated), the Hupervisors shall be 
guided and hound by the laws of this Province ; and (ex- 
cept when restrained by any Order in Council) shall posaeaa 
and exercise all the powers now by law possessed and 
ftXeTci.ied by comtnissionera of highways. 

14. It shall be the duty of such snpervisors to furnish Bapviunb. 
attoaal reports of the state, condition, and requirements '"'"'^"p*^- 
of the sections of roads committed to their charge, with 
aoggestioris for thuir improvement and detailed estimates 

of the probable codt of the alterations and improvements 
*a BOggested. 

15 It shall be lawful lor the Governor in Council to To^acmnisd 
iBsne frijin time to time aucU orders and instructions to the ^,?JiSl^J^ 
aupervisorsasmay seem meet; such orders and instructions ElSm^'*''*'^ 
— ^M laid before tiie legislature within ten days after the 
iog of tho next session, and to have the force of law 
uie same shall be disapproved. 
it. The rate of remuneration to the supervisors to be Kemunsnuan 
Appointed under thid Chapter shall in no case exceed the *>' "'i«"^k*»- 
ttnouiit of oommisaions which is now by law given to 
CMnniiHTiioners of ronds ; except where surveys of new and 
inpofiaut sections of roads are made, and then they shall 
aeoncitled to charge ^t the same rate m is now paid to 
iiirvejrerfl for Ijie like service. 



246 HIGHWATSi ETC. [PART I 

Chap. 44. 17. All road ivork shall be done by tender and odd tract ; 
Road work to be ©^copt where the expenditure of the moneys by days' work 
|^^^«^<^may be more advantageous to the public, and so testified 
^' '' to by the supervisor. 



CHAPTER 44. 

OP LAYING OUT ROADS OTHER THAN CERTAIN GREAT B0AD8. 

Koadf to which 1. The provistous of this Chapter shall be applicable 
ohEpterappiiee. ^^ roads Other than those mentioned in the last preceding 

Chapter. 
Modeofuying 2. Twenty or more freeholders of any county or dis- 
Tnff ^^T^l'^ trict may petition the sessions for the making of a new- 
road or the alteration of an old one ; and the sessions, if 
satisfied of the propriety thereof, shall order a precept to 
be directed to one or more competent persons, directing 
him or them within a convenient time to examine into the 
propriety of the desired new road or alteration, and, if 
satisfied thereof, 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 same shall pass. 
Penons appoint- 3. The persous SO appointed shall examine into the 
edto^reportto propriety of such road; and if by them deemed unneces- 
sary shall report the same to the sessions ; and if deemed 
for the public benefit may lay out and mark the same,. 
To make agree- ^^^ ™^y Hiakc an agreement in writing with the proprie- 
'riTtow**^**^ tors of the land through which the same shall run; which 
agreement shall state the length of the road and the 
amount agreed on for damages to soil, improvements and 
cost of fencing respectively, and shall have a plan annexed 
To annex plan, of the road and lands through which it shall run, to be 
filed with the Clerk of the Peace, with a full return of pro- 
ceedings thereon, to be laid before the sessions. 
When no agree- 4. When uo agreement shall be made, one appraiser 
pn^n^ij^^ shall be appointed by the Custos of the county, another 
Kwo?li°*^*°^ by the owner or owners of the land, and on their default 
after three days' notice by the persons who shall have laid 
out the road, who in any case shall appoint a third ; and 
the three appraisers shall be sworn before a justice of the 
peace to the faithful discharge of their duty, and shall 
enter upon the lands and appraise the damages to the 
owners for soil, improvements and fencing respectively j 
which appraisement shall be reduced to writing, and shaU 
be returned to the Clerk of the Peace, accoanpanied by • 



Tznx n.] moHWATB, etc. 247 

plan and admeaBarement of the roads, to be laid before Chap. 44. 
the sflsaioDS. 

5. If Uie proprietor of tite land be absent from the Notice to ■nnnii 
ProviDce DO DOtiee need be served ; and, if ho be absent p™'"'*™- 
from the county and within the Province, a notice may be 
(bnvarded to him by mail ; and if, after fifteen days, he shall 

tot appoiat an appraiser, the Custos is authorized to ap- 
point in eitlier case an appraisor for the absent proprietor. 

6. When the road shall ma through the lands of more ^"'^JjES*""" 
tbsn one proprietor, sqcIi of said proprietors who shall not ip^niHn bow 
enter into ao agreement as provided by this Chapter shall •p'"'"'*^ 
join io the appointment of one appraiser for the purpose 

•if appraising damages to their respective lands, together 
^ith the two appraisers to be appointed as hereinbefore 
provided; and is case of the said proprietors disagreeing 
w neglecting or refusing so to do after seven dnys' notice, 
MeOastos shall appoint one arbitrator, whose acts shall be 
iHnding on such proprietors touchiug such damages as if 
tliey bad joined in such appointment. 

7. The Clerk of the Peace shall post notices containing 3^'''^.'™*'" 

^L 1 II ■ * 1 ■ . =. post nnlioM of 

ibe substance of sach returns in at least rik places of D<nriDui>ar 
f nblic resort in the county or township, and also near the "^ '' 
490Dtemplated new road or alteration, for the space of 
thirty days previous to the next sessions. 

8. At the next general sessions or any special sessions |JJ^'™'JJ^^ 
■oUsd for that purpose, the proceedings shall be considered, ppooiadiBss. 
and objections, if any, heard thereto; and the sessions 

flball then confirm or disalloAv the proceedings, and it con- 
finned, they shall be recorded. 

9- The pordons appointed under the second section, in tSmro^^ 
making their appraisoment in case of alteration of a road, f"'^- 
a»y apportion the old road or parts thereof to proprietors 
«(lat)ds through wJiicli the alteration runs, and put a 
"slie Ihoreon as compensation in whole or in part fur the 
luid taken lor the alteration, and shall include the same in 
<t*itreiurn ; but the land so apportioned mnstrun through 
ottdjoin the lauds of tlie proprietor to whom it is appor- 
tii»>ed. 

1ft The persons appointed under this Chapter to lay J'SJ^I?*'*'" 
wt any new road or alter any old one, may lay out the 
WMof a less width than sixty feet, if they shall consider 
ncl) 1^ width sulGcient for the public convenience ; and 
^iMtions may conlinn or disallow the same, 

Ih When the proceedings shall be finally confirmed, Jnndipporu™- 
dieluHl apportioaed undtjr the ninth section shall become lat'S'^Sola 
tbe ahaoliite property in fee of the person to whom the '''"'"■"*'^' 
ttiae shall have been allotted ; but it shall not be shot up, 
or Ihe public excludud from the free ase thereof, until 
cl0M(i by ord«r ot eoHHioos uader the law in reference tu 
Ifca riaawM *l nM >-n«ds. 



248 



HIGHWATS, ITCi 



[P 



Chap. 44. 

Damages, &o., 
eounty eKaxge. 

CompenMtion 
to proprietora, 
whvn made. 



^ites of roada 

when held as 

urrendered. 



Open and pent 
roads, how laid 
oat. 



Damages to be a 
coanty or district 
charge. 



Gates on private 
ways by order of 
iiessions. 

Penalty for 
breach of n^la- 
tions. 

Fences to be 
inade before 
compensation. 



Puhlio landings, 
making of. 



Quantity of 
land for. 



Justioes in- 
eligible for ap- 
pomtiDent. 



12. The datiKiges appraised and expenses incurred 
lorrn a county charge. 

13. In case of confirmation the proprietors of the 
shall be entitled to receive compensation for fencin 
making oath that the fence has been put up at leas 
the full width of the road from the centre thereof, 
laid out; such oath being in other respects conformal 
the provisions of this Chapter. 

14. Whore roads have been, or shall hereafli 
altered or made without any demand for compen^ 
made by proprietors of land through which the new 
runs within one year from the opening thereof, such « 
escence on the part of the proprietors shall be held a ^ 
tary surrender to Her Majesty forever for a public hig 
of all the land through which the new road passes 1 
width to which the said road was originally laid out. 

15. The sessions may order the laying out of a pi 
way either open or pent in the same manner as ] 
prescribed; except that the application for such road 
not be by twenty freeholders ; and the damages in 
case, or in any case where they have been hit 
allowed and have not been paid by the poor district th 
which the road runs, shall form a county or district cl 
or shall be borne by the applicants, as the court in < 
mation may order. 

IG. The sessions may direct gates to be plac 
private ways and make regulations respecting the pi 
and keeping thereof; and persons guilty of a brea 
such regulations shall for every offence forfeit not les: 
one dollar nor more than eight dollars. 

17. No compensation for fencing shall be made 
this Chapter until the proprietor of the land shall 
made oath before a justice that the fence has been ( 
in a proper manner, and at least one-half of the 
width from the centre of the road, and encloses in 
or in part some of bis lands, and that the same slu 
be removed with his assent. 

18. A public landing upon the shore of any nav 
water may be established ur altered by the same i 
and in the same way as a new road may be made or 
one altered under this Chapter ; and, in so far as the 
may bo applicable, the provisions of this Chapter 
extend to such landings and to roads connecting the 
with the Queen's highway. 

19. Any public landing laid off or established 
this Chapter may include so much land as in the o 
of the committee may be sufficient for the purposes o 
landing, not to exceed in all one acre. 

20. No justice of the peace shall be appointed 
under the second section of this Chapter. 



tnu xl] expbnditobb of kokktb os roads. 

Chap. 
CHAPTER 45. ~ 

07 THE EIPENDITUBB OF 1I0N&T3 ON fiOADS. 

1. The Governor in Council shall aQDu&Uy before the oon>miid< 
fifteenth day of May. and tbersafter in cases of oecessity, "^■w^ 
appoint commiasioners for supenntending the ex()eDditure 
of mondys granied for tha making and repairing of roads 
aAd bridges, and may remove tbem %t pleaaure and appoint 
Otiiers in tbeir place ; and the Provincial Secretary slihll, 
wttbtn twenty days after the appointments, have the com- 
tnissioDsand the bonds to be entered into by the commis- 
Bionere, where required, transmitted ready for execution. 

2. The commiMsiunera, when the amount to be expended 
sb^l exceed eighty dollars, shall, before entering upon the n^ow" 
daties of office, give security by bond, with two sureties to •'*'"' ''"'' 
the satisfaction of two justices of the peace for the county, 

in double the amount of the sum to be by them expended, 
&jtbfully to lay out and account for the money according 
to law ; and tbe justices shall certify their approbation and 
the sufficiency of tlie sureties upon the back of the bond. 

3. The Treasurer shall retain in his htinds, where tbe Bunuundi 
amoDDt shall not exceed eighty dollars, the whole, and in ^^^^ 
other cases two-thirds, of the amount to be expended, until ?f[!r^^*^' 
the whole sum shall have been duly laid out. sue-thirda 

4. The moneys shall be expended, aftjjr sale by auction Koosyhoi 
or by tender and contract, unless it shall appear to the ^^^^t* 
cominissioner that tbe same or parts thereof cannot be so "'"Ui.ao. 
adnfcntageously expended in that manner as by days' work, 

in wliicVi cnsQ tVie luoneys or parts thereof required may be 
expended by days' work : but the commissioner who shall 
expend any moneys by days' work shall render an account 
thereof in writing under oath to the Provincial Secretary, 
tbe oath to be ndminititered by a justice of the peace with- 
onl fee. and to be, a.t nearly as may be, as follows: 

" I, A.B., du sweivr that the annexed [or foregoing^ ac- 

-ooanl is just and true, and thatthe moneys by me expended 

hmve been fairly and honestly applied for the purposes for 

~'^* b tliey were granted: that I procured the beat labor 

f power to procure, and at the lowest rate of wages; 

Ast the days' work charged in the account has been, 

hjr opinion, more advantageous to the public than if the 

ttpenditure of the sum had been made by public sale or 

^ tender and coutratit. 

(Signed) A. B., commissioner. 

Sworn to at , this day of , 18 — , before 

Ba. (Signed) C. D., J. P." 



250 



BXPENDITUBE OF M0NET8 OH BOAOS. [PABT I. 



Oontnctshowto 
be entsred into, 
and when to be 
falfllled. 



Chap. 45. 5. Before entering into any contract the commissioner 
shall give notice thereof bj advertisement posted up for 
ten days previous!}^ in the places usual for public notices 
in the county ; and he shall receive sufficient security 
from the contractor for the performance of the contract 
within the time specified ; and he shall, where the whole 
amount to be expended exceeds eighty dollars, pay the 
contractor as the work shall be proceeded in moneys 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 improv* 
ing such as have not been used tor wheel carriages, and 
for erecting bridges, which may be extended until the 
thirty-first day of October; and the contracts shall be, as 
nearly as may be, in the following form, and shall be bind- 
ing on the parties thereto : r- 

" Articles of agreement made this day of , 

one thousand eight hundred and , between A. B.,. 

commissioner of of the one part, and C. D. of 



Form 



and E. P. and G. H. of 



as sureties of the said C. D., 



CoBtrjtotsin 
caeet under 
ei/(h^ dollars. 



Form. 



of the other part, as follows, viz. : the said C. D., E. F.^ 
and O. B. agree with the said A. B. that the said C. D» 

will, on or before the day of next, in a good 

and workmanlike manner, well and sufficiently ' 

to the satisfaction of the said A. B. ; and the said A. B. 
agrees with the said G. D. that he, the said A. B., will pay 

unto the said C- 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/' 

6. Where the sum to be expended on any particular 
work shall not exceed eighty dollars, it shall not be impe- 
rative on 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 ot the contract, and upon the 
commissioner for the payment of the moneys agreed on* 
And the memorandum shall bo as nearly as may be in the 
words following: 

A. B., of . hereby agrees with C. D., of — — , to 



perform the following work, viz. : 



and to completo 



the same in a good and workmanlike manner, on or before 

the day of next. For the due performaooe 

whereof E. F., of , hereby becomes surety for the 



vrns XI.] szpESDiTtiBii: op uokets on boads. 261 

Said A. B. And the said C, D,, as commiBsioner for the Chap. 45. 

performftDce of the work, hereby ngreea with the said A. 

B. OD the dne pertorinance of his contract, to the sntisfac- 

tioo of the flaid C, D., to pa; him the aum of therefor. 

Dated this day of , 18—. 

(Signed) A. B. 

C. D. 
E. P. 
7. CommisBionerti expending any moneys b; contract KsMniofooin- 
shall make return nnderoath to the Provincial Secretary's ^JjJJU^Jj^, 
office, stating the amount of the different contracts entered ^^^^ 
ioto by them ; the oath to be administered by a justice of 
the peace without fee, and to be as nearly as may be as 
follovrr : 

*' I, A. B., do swear that the contract referred to in the oiu 
annexed [or/oregoing] account, has been faithfally execu- 
ted, and that the money voted for the work has been laid 
ont properly, and to my entire satisfaction. 

(Signed) A. B. 

Sworn to at this day of , 18 — , betore 

TK. (Signed) C. D., J. P." 

And they shall also make return of the contracts or copies 
thereof when exceeding forty dollars. 

S. \f twn jttBticefl of the peace for the county shall cor- Twojuation 
lilyto tiie Oovern'irthat tlio work Upon any road or bridge ™j;,J^i^„, 
I tiM not been faitlifully performed, or that any contract IJJIJJJJJLJJ^ 
I ^ not been faithfully executed, the commissioner shall cndingi Slm- 
1 lot draw the money ontrusled to him to expend, or the re- "'"''' 
I "iMning two-thirds thereof, as the case may be; but the 
I Senernj feesions fur tlie county, or a special sessions to be 
I <^eit for the purpose, sliall inquire into the expenditure 
1 "ftbe money, the performance of the labor, and the execo- 
^^M of the contract where on© has been entered into, not- 
Hptbotanding the same may have been performed to the 
WBteetion of the commissioner, and shall certify to the 
^Wftmor the particulars of the expenditure and the sum 
r Inich, in their judgment, ought to be paid to the commis- 
1 ■iooer; which sum only the commissioner shall receive 
I 'HUB the treasury. 
P 9- Where it may be necessary or expedient to procure ibtsriiiihinr 

Mteriala for the repair of the roads, the commissioner, if Jll^^iJ'*" 
I ^m the absence or obstinacy of the owner or posBeseor of »o™''»oi»"- 
tBeaoil, no agreement can he made with him, may enter" 
*itii workmen, carts, carriages and horses, upon any lands, 
•Oil tberefrom, for the repair oT the road, dig up and carry 
'VBy stones and gravel, and cut down and carry away 
trees, bashes, logs, poles and bruah wood ; and the damage 
doDe thereby shall be appra sed by three indifferent free- 
lioldttrs, Doauwted by the nearest justioe of the peaco for 



252 



EXPfiNDITUBE OF MOVETS ON BOADS. [PABT I. 



Chap. 45. 



Number of k- 
boren: wages 
how paid. 



Foroman may 
1m» appointed. 



CuniminioneTB* 
per oentage and 

and teams ; 
vrorlcing hours. 





When employed 
on breakwaters, 
Ac. 



Encroach- 
ments and en- 
oumbmnces, 
how provided 
agniniit. 



the pnrpose; and the snm appraised shall be paid by the 
comrnissiouers to the owner of the soil, if demanded, 
within three months after. 

10. There shall not be employed in any one day more 
than forty laborers to work under one commissioner ; and 
the wages of laborers shall be paid in cash only. 

11. For every ten laborers daily employed by one com- 
missioner, the commissioner may employ a foreman wh< 
shall work with the laborers and take charge of those pa 
under his direction, and shall work with and superinten 
the laborers generally in the absence of the commissionei 

12. Commissioners shall be entitled to charge ai 

retain after the rate of five per cent, on the moneys to t le 

by them expended, and also one dollar and twenty-fi^^s^e 
cents per day for every day they shall have been actual ly 

employed superintending day laborers, and shall have hi id 

at least ten laborers at work throughout the day. No fo 
man or laborer shall bo paid more than one dollar ai 
twenty-five cents per day. No owner of a team, consi 
ing of a cart, driver and two horses or four oxen, shall 
paid more than three dollars per day ; and of a team c 
sinting of a cart, driver and one horse or two oxen, m( 
than two dollars per day. No owner of a plough sL s-ill 
receive more than forty cents per day unless under *pea ial 
circumstances set forth in the affidavit to the account, — 
the day to consist of at least ten working hours ; and t.1ie 
foregoing wages to be paid only where suitable day lab<:5r- 
ers, teams and drivers, cannot bo had at lower rates ^ or 
cash. 

13. Laborers employed in erecting breakwaters and in 
clearing out rivers, or in other public works of a simi l^*^ 
nature, shall bo entitled to receive a sum not exceedi ^8 
one dollar and fifty cents per day for their labor while •^ 
engaged. 

14. The commissioners shall examine the breadthi 
the roads within the limits of their commissions ; and i 
shall appear that any encroachment or encumbrance 
been made or placed upon the same, shall forthwith g 
notice to the owner or possessor of the land adjoin! 
that unless the road be opened and cleared to its pro 
width, within thirty days, the person who shall hi 
caused or continued the encroachment or encurabrar^ '?* 
will be prosecuted as the law directs; and the coroic-^ — "^ 
sioners shall make an accurate return of the breadth ^ 
the roads and of encumbrances thereon to the Supre 
Court or sessions for the county at its next sitting a 
their appointment, in order that such proceedings may 
thereupon had by the Court as may be deemed proper 
carry into effect the laws in relation to encroaobaittDts »^^ 
encumbrances on the highway. J 



of 
it 



r 
ve 



MOB 



be 
to 



TITLB XI.] mOHWAT LABOB. 253 

15. Except in caaea of emergency or in the opening of Chap. 46. 
new roadfl the commissioners bIiuII completa their work ^^ oomrjrt w 
before the twentieth day of August in each year. soutAogon. 



CHAPTER 46. 

OP HIGHWAY LABOR. 



^" 



1. The districts as now established for the performance dimtIoucdo- 
ot statute Inbor on the liighways are confirmed; and the ^''J^^^J^"" 
sessions may erect new districts or alter the limits of those 

DOW established, 

2. Every male between the ages of sixteen and sixty, pe,«n.iiHbi»i. 
being able to do a reasonablo diiy's work, shall be liable to twod*u'i.ork. 
perform two days' labor as a poll tax. 

3. All males whose names are included in the assess- B«ie or uddi- 
ment roll and assessed for any sum over one hundred dol- ^''°*"™"'- 
lars.sliall be iitvble to perform in addition according to the 
following scale : — 

One hnndred to two hundred dollars, one day ; 

Two hundred to four hundred dollars, three days; 

Ponr hundred to six huiidrod dollars, four days j 

Six hundred to one thousand dollars, five days; 

One thousund to one thousand four hundred dollars, six 

One thousand four hundred to one thousand eight hun- 
w«d dollars, seven days ; 

One thonsand eight hundred to two tbonsand two hun- 

%d dollars, eight days ; 

Two thousand two hundred to two thousand six hun- 
•*«d dolHrs, nine dsiys ; 

Two thousand six hundred to three thousand dollars, ten 
fl»ys; 

Three thousand to three thousand five hundred dollars, 
*l«ven days ; 

Three thousand five hundred to four thousand dollars, 
'•K»Ivb dH}'8 : 

Atxl above fonr thoufiaud, at the rate of a day to every 
^Wiaand dollars. i(aJa.ov««i« 

4. Males over sixty years of age holding property rem, """ ^ 
Md For a sum letis than one thousand dollars shall bo 
iptfrom the purrurmance of statute labor; but such 
"~ 'iOldioe property assessed tor over one thousand 

ia for the performance of statute labor 
Mcess; aud, in computing the Dumber 



254 



HIGHWAT LABOB. 



[PABT I. 



Persons exompt. 



Propeity ex- 
empt. 



Sun-eyor may 
require teams. 




Labor to be done 
in eight days if 
required. 



Vo. of hours in 
ciich day. 

Time of per- 
forming labor. 



of 



Chap. 46. ^^ ^^ys to bo performed, the amount shall be calcniated 
by the scale, beginDing at one thousand dollars and pro- 
ceeding thereon to the amount contained in the roll. 

5. Persons holding commissions in the military or civil 
department of the army, firemen and enginemen, clergy- 
men and ordained ministers, couriers and licensed ferry- 
men, shall be exempted from statute labor ; unless they 
are assessed for a sum over one thousand dollars, in whicck 
case they shall bo liable in respect to their property for 
the excess over that sum, but shall not be liable to th< 
poll tax. 

6. Property over one thousand dollars of assessed vala« 
in the hands of executors, administrators, trustees, agen^^ s, 
guardians and women, shall be liable in respect to th=ie 
excess at tho same rate of taxation as other property. 

7. The surveyor may require any person owning a 
horse or ox team or teams to send such team or teams pr 
perly yoked and harnessed, with a driver or drivers and 
cart, to tho extent of one-half the labor such person is 
quired to perform, and every day's labor of such team ai 
driver shall count for two days. 

8. The surveyor may require the whole amount 
statute labor imposed under this Chapter to be perfonm 
within a period of eight days. 

9. A day when mentioned in this Chapter shall be eij 
working hours. 

10. The surveyors and commissioners shall cause to 
summoned the persons contained in their lists to labor •- 
the highways, at the most seasonable time between 1 
first day of April and the fifteenth day of September, se 
time and harvest excepted, by giving them six days' noti 
of the time and place where they are to be employed, ac -^^^ 
of tho tools to be brought for such labor, the notice to "* 
given cither by the surveyors or commissioners or by aW— ^J 
person by them authorized and to be left verbally or "* 
writing with some person of the age of discretion at tl ---~ 
usual place of abode of the party ; and, at the time a^^^ 
place appointed, the surveyors or commissioners %h^^^l 
attend and oversee tho persons so summoned to labor, ^^ 
making and repairing the highways ar.d bridges in tK^^ 
most useful manner during the number of days requir^^ 
by this Chapter. 

11. Every person liable to perform labor under thif 
Chapter who has been duly notified, but who may have 
left the district and shall be absent therefrom during the 
time appointed for the performance of his labor, and ahill 
not have provided a sufficient substitute or paid the oom- 
mutation therefor as hereinafter prescribed, or shall not 
adduce satisfactory proof of his having performed or oooi- 



]foti(^. 



Ab«eot«eti. 



i XL] KIOHWAT LABOB. 26fi 

d or otlierwiae paid for hia etatats labor in eoino other Chap. 46. 
et, shall OD his retnro to liis uaanl place of abode 
fifty ceots for every day's labor to which he was 

Id case a highway ehall become obatracted or a obmncuou 
■e broken doWD or carried away era road rentlored •'™'«™^' 
tsable by any nnforeaeen cauae, except by the falling 
ittiDg of BDOw, the surveyors of highways or com- 
aners of streets, nnder the dircctiou of two justicea 
e peace, shall notify snch persona within the district 
ty be deemed Decesaary to attend immediately, either 
emsetvea or with their teams, as may be conaidored 
able, to remove the obstructiona or make each repairs 

the highway or bridge as may by the justicea be con- 
ed absolutely necessary to render the same passable ; 
very person so attending and laboring shall be allowed 
le labor by a reduction of the like nnmber of days 

the labor to be by him performed nnder tliia Chapter, 
r for that or for the subsequent year, as the same may 
r before or alter the time limited for the pertormance 
ghway labor in the district, in the same manner and to 
ame extent as if the labor had been performed at thti 
I time; and every person duly notified to attend and 
- under this aectton who shall neglect to do ao shall be 
) to the same forfeitures as if he had neglected to 
id and labor at the regular time; auch forfeiture for 

day when paid to reckon for one day's labor of sach 
3D ooder this Chapter. 

. It shall be lawful for any person liable to perform oommmtieoa. 
'berennderto commnte his labor on the payment to 
overseer or commisaioners on or before the day ap- 
ted for the performance of such labor, of fifty cents 
ftch day's labor wiiich lie i(> liable to perform ; and the 
seer or commist^iocmrs shall receive such commutation 
y time within three days after the day appointed for 
wmmencomeut of tlie labor; but the overseer or com* 
ioners may in their discretion accept laborer the com* 
ktion within the periuil last named. 

t. Every person duly notified, who shall not labor porteititn. 
leably to the notice, or tender the commutation tbere- 
IB directed in the \vtnt section, shall forfeit sixty cents 
wary day's labor to be by him performed. 

k. No person reijidiug upon an island whereon there Baidcni«oa 
any highways upon which the performance of labor '*'"''"■ 
er this Chapter may be enforced shall be obliged to 
it or foraisli any labor hereunder upon the main land 
>• liable to any penalty for not ao doing; but every 
100 so raaidiag upon an island and liable to perform 
ir jtnd«r tbia Chapter, shall perform the same npoD 



256 



HIGHWAY LABOB. 



[part r. 



Chap. 46. 



BeiBkma may lo- 
i*ate work. 



Biirve3ror may 
alter road wfth 
oonaent of two 
joatioefl. 



Breaking roadi 
io winter. 



Forfeltare. 
Proviso. 



Betum of sur- 
veyor and oom- 
inisfloners. 



When owner of 
property resides 
out of district. 



Proceedings to 
make up roll. 



some highway or bridge on the island; and where the 
island cthall be connected with the main land by a cause- 
way or bridge snch 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. 

16. The general sessions may grant permission or 
direct in writing persons to perform the labor on such 
road as they shall direct. 

17. The surveyor of any highway, with the consent of 
two justices of the peace and the owner of the land 
through which such alteration is contemplated, may alter 
any road within the district of which he is surveyor, and 
make a return of the same to the Clerk of the Peace, in 
order that the same may be recorded. 

18. Tbe surveyors and commissioners shall, as often as 
may be necessary during the winter, order all persons 
liable to do statute labor to work with their shovels, 
horses, oxen and sleds upon the highways, in order that 
the same may be rendered passable ; and every persou so 
liable not complying with the order shall for every omis- 
sion forfeit seventy cents ; but no person shall be obliged 
to furnish more than two days* labor of himself and team 
for any ofte fall of snow, or work in any case when the 
fall or drift of snow shall not exceed twelve inches in 
depth. 

19. Every surveyor and commissioner of streets shall 
annually on or before the first day of the sessions, which 
shall happen next after the time herein limited for the per- 
formance of highway labor, make a true and faithful return 
in writing under his hand to the Clerk of the Peace of the 
labor performed by each person, showing the commu- 
tations and fines by him received and the expenditure 
thereof and the amount of moneys then in his hands, which 
latter the surveyor or commissioner shall at the same time 
pay over to the Clerk of the Peace, to be expended upon 
the roads under the direction of the sessions. 

20. When the owner of property liable to assessment 
for statute labor resides in another district, the labor shall 
be performed or the commutation paid in the district where 
such person resides. 

21. The general or a special sessions called for the pur- 
pose, shall appoint a justice of the peace, or other suitable 
person in each electoral district, with whom a copy of tbe 
assessment roll for that district shall be lodged; such copy 
to be furnished by the Clerk of the Peace, who shall notinr 
the surveyors of the persons with whom such roll is lodgea, 
and shall require them to meet with such person at a time 
and place therein specified, and make out the lists of all 
persons liable to perform statute labor within the limits of 



E-VLK n.] HIOEWAT LABOB. 26^ 

Ach anrvoyor, and the namber of days which each person Chap. 46. 
IihII be lifvble to perform ; Find tlie aesaionB shall make " 

inch regulations to secure the due notifiottiou of the sur- 
veyors as to them may seem proper ; and two days' labor 
sball be remitted to the person with whom the assessment 
roll is so lodged. 

22. All moneys collected by surveyors of highways and BxpendHii™ uf 
ccmmiasioners ol streets fftiull be expended by tender and "*°°'^'- 
contract, or by public auctiun, after three days' notice in 
vriliuK posted in at least two of the most public places in 
the district, untess in the opinion of the surveyor or com- 
misaioner it would be more advantageous to the public 
tiat such expenditure sliould be by day's work; and in b; dsj'noork 
rases of expenditnre by day's work, the surveyor or com- '""" 
missiimer sball niako natb to his accounts in the same form 
tain the espendituro at government road money. 

i3. Each Hurveyor and commissioner who shall by Penally oo »ur- 
Mglect or raiecondui;t cause the loss of any statute labor, '"*" "'"^ 
ihall be liable to pay diiuble the amount of such statute 
Ubor, to be recovered .ts debts of that amount are now Howroaiv(r«i 
rwoverable : anch amount to be proceeded for within two """pp"*'- 
yeirs, and wlien recovered to be applied as follows ; one- 
half for tiie roads within the county or district, and one- 
yi to the prosecutor. 

24. Bvery surveyor or commissioner for any other Penmitj. 
neglect of duty shall be liable to a penalty of eight dollars, 
to be recovered and applied as in the last preceding sec- 
tion. 
£S. The surveyor of statute labor shall retain out of Pirariuney' 
flnoneys in hh hands the sum of one dollar for each and "" 
iTj day which he is L-bliged to attend on tiie road, over 
'above tlie number of days which he is liable to per- 
under this CImpler. 

All 6nes and iorfeitures Incurred by minors' under PQifoitnm by 
Cbupter may be lecovered from the parents, masters ^v^J^',*"""' 
_urdians of such minors with whom such minors reside, 
vbohAve a right to receive their wages, in the manner 
s*ided in tlie next lolkiwing section. 

37. Forfeitures under this Chapter shall be sued for and Farfeitura. buw 
I by the surveyor or commissioners by their name ™ii|Sr^""' 
R8 surveyor of highways nr commissioners of 
„'lor tbe place for winch they have been appointed, 
'U>f individual names of them or any of them, or by 
in the name of any person who will sue therefor, and 
in any rase iu (he suma manner and with the like costs as 
il tlitfy woro private debta ; and, when recovered, shall be 

rli«d by the surveyor or cummissioaerB to the repair of 
bigliwaTS. 



258 



HIGSWAT LABOB. 



[part I. 



Cbap. 46. 28. Returns of statute labor shall be made in the form 
F<>rino[mura7 '° ^^^ Schedale hereto annexed. 

eeaemi iiwpec- ^^- '^'^ general sessions in each county or district may 
ton. ooge in gagj, yg^j. appoint one or more general inspeotora 

of statute labor, whose salary and duties shall be fixed by 

sach sessions. 
hIJw(ii™™iVi ^^* ^'^"^ forms of surveyor's returns of high^vay labor 

ahall be furnished from the Provincial Secretary's office, 

and forwarded to the clerks of the peace on applicatioD 

made for that purpose. 
cifrkofpeiice 31. It shall be the duty of the Clerk of the Peace to 
T^^m^"'"' prosecute deliuquent surveyors for neglect or breach of 

duty under sections twenty-three and twenty-four of this- 

Chapter. 

SCHEDULE. 



Ketum of Statute Labor for 



County of 



18—. 

Road DistricL 



No.- 





-. 


name 


d — 










mmf. of i.rtlB li.ble tor .uwte Istor 


1 


l\ 




„&. 


Finaiuil 


Doh. 


«t>. 


w. 


-. 


D.h. 


« 





















Account of expend) 
tations, fines 


ure of moneys collected from commit' 
Ac, aa per foregoing return. 


nun« or liboren. 


Ssr 


"s.:"' 


X"" 


Dob. 


cU. 


Oootncti > HkloU. 

















N. 6. — In case any portion of the labor is perfonned 1^' 
coDtr(v:t, the date, name of the contractor, and pBrticaUfft 
of the contract, to be set forth in the right-hand oolnmo. 



title h.] pbeseetanon op b0ad3. 

Chai 
CHAPTER 47. 

OF TBB FRBSERYATION OF BOADS. 

1. If any person shall illegally alter or encroacli od apinera 
pablic highway or private road laid out and established ^"^ 
by law, he shall forfeit twenty dollars. 

2. A justice of the peace on his own view, or on the JmUa mijftiM 
oath of a witness, may impose a fine not exceediog four ISLiS!™"''''''* 
dollars on any person who shall encumber any road or 

bridge by placing anything thereon, to be levied by war- pine bow lericd. 
rant of distress on the offender's goods, or, in case the of- 
fender shall not be known, by sale ot the encumbrance ; the 
surplus, it any, being retained for the owner when discov- 
ered. It the encumbrance shall be continued, it shall be 
deemed a new offence. 

3. The sessions may make regulations for preserving wdepitbtpn- 
tlie side paths of any public highway, except within the ^^o'S^"'^" 
City of Ualitax, from being injured ; and every person 

^\Uy of ft breach of tho regulations shall forfeit not less 
than one nor more than too doUaro. 
i. It any person shaii destroy or injure any trees or Fine rot dHtrey- 



>M,Ac., 



underwood growing upon the land lying between any river, {^ 

like or arm of the sea, and any public highway, running""""e*"*J™- 
within thirty feet of the margin thereof, he shall forfeit a 
Bum not exceeding eight dollars. 

5. If any person shall injure or destroy any trees or B«d>DUTw>. 
ncderwood growing at any pla'ie where the bank shall not ^bJ^iurtS' 
be of greater width than twenty feet from the side line of 
tte road to the waters of any river, sea or harbor, or shall, 
from any place above high water mark whore the bank 
shall not be of greater width than before mentioned, unless 
fcr agricultural purposes in a cultivated part thereof, carry 
n»y from the bank any earth or stones, or shall take from 
not ol the bank wheie not of greater width than beforo 
iWntioned any earth or stoaes near the roots of any trees 
w underwood, whereby the trees or underwood shall be 
ioJQTed or destroyed, he shall forfeit for every offence eight 
[wlbrB; and, in default of payment or goods whereon top„j,y. 
^Sy,he shall bo committed to jail for not loss than ten nor 
' Vtfaau thirty days. 
t All encumbrances found on the ditches of the roads Kmnmbiuon 
I'bB forfeited, and may be disposed of by the surveyor ''*'""*'■ 
diways without any legal proceedings; and the pro- 
' 'I be applied by the surveyor to the repair of the 



X. No person shall rida or drive any horso at full speed d 

w in a disorderly manner in the public street or highway E""*"*"***'' 



260 



CLOSING BOADS. 



[PART r. 



Chap. 48. 



Bridges pro- 
teoted. 



Carriagea on 
rimnera driven 
with bella. 



Width of oar- 
flagOB on run- 
ners. 



Width of loads 
of hay. 

Unloaded sleds. 



Centre of hif h- 
way to be left on 
the right. 

Persons passing 
in oarriages to 
leave space on 
left. 



Oarriages stand- 
ing. 



"yines for of- 
ttenoes, when to 
^e prosecuted. 



How appUod. 



in any town or village. Persons violating this provision 
shall forfeit a sum not exceeding four dollars for each of- 
fence, to be recovered as directed in the sixteenth section. 

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 aflSxed to the harness two good open bells or four 
good round bells, such as are commonly used iii sleighs. 

IC. Ca/riages on runfters used for the conveyance of 
loads on the highway shall not be 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 any highway. 

12. No unloaded sled shall have pointed stakes standfing^,^ 
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 heading in the same direction, 
shall leave a sufficient way open on their left hand for the 
carriage 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 each offence forfeit two dollars, andf 
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 
hourj after the off*ence. 

17. Forfeitures under this Cliaptor not specifically 
appropriated shall be applied undor the directions of the 
sessions to the repair of roads and bridges. 



CHAPTER 48. 



OF CLOSING ROADS. 



oidroadimay 1. .Where a line of road has been altered and the old 

l^wS^pStS; road has been abandoned by the public as a general 

J^IJ^'"*" JP"*" thoroughfare, any of the proprietors of land adjoining the 

old road may, by petition stating the facts and the names 

of all persons interested in the lands on either side of tb» 

* road^ apply to the sessions to shut up or otherwise dispose 



TITLE Zl.] COKiriBSIOMBES OF STBBETB. 



261 



of the same ; which petition Bhall bo accompanied by an Chap. 49. 

affidavit that at least tliirty dajs previous notice in writing 

of the application Imd been given to the parties interested, 
aod posted np in two pnblic pUces 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 
thoir witnesses, and shall make an order either dismiiising 
the application or granting or modifying the same. Per- 
BODs dissatisfied with the order may appeal therefrom with- 
in ten days' to tlie next sitting of the Supreme Court ; and 
the Clerk of the Peace aliall thereupon return the proceed- 
ings to the Supreme Court, who shall examine them, and, 
if deemed advisable, hear the parties appearing and their 
witnesseH,and shall make order as shall seem right therein. 
The order of the possions, if not appealed from, and the 
order of the Supreme Court in case of appeal, to be con- 
closive, 

2. Persons, although not interested in lands adjoining ^"tiHwiiaiuy 
or near tho road, and their witnesses, may he hoard against pau'inareir 
the closing or disposing thereof, and may appeal from the 

order of sessions. 

3. It any laud adjoining the road shall have been the whsre oinMr or 
property of a person deceased and be not divided among 5^d°'^'*to*b« 
nia lioirs, the representatives of the deceased person and ?J^'|^]^ P™- 
the guardian of his minor children, if any, and the person 

in possession of the ItDd, shall, for the purposes of this 
Chapter, be considerei) the proprietors. 



CHAPTER 49. 



OP COMMISSIONEBa OP STREETS. 



I' The jurisdiction of the commissioners shall be con-jariadiationof 
OBtito the limits following, that is to say : S^wu'""' 

For Maitland. 
Q Richard Anthony's oast line to the Five Mile BiverriuuEad, 
long the Keiinetcook road to Rocky Brook. 

For Windsor. 

^ Sach parts of the Town as extend from Smith's Island wmdMi, 

wt northward and eastward as far as the bridge over 

tbe Trecothick Crot'l;, on the main road leading out of the 

Town irf Windsor, a^^ far aa the Church, and oil the eonth- 

\ to Falmouth Ferry. 



262 



Chap. 49. 



Bridfelowii. 



COIOOSSIOHEBS OF 8TBEBIB. 



For Bridgetown, 



[part l 



Within the boands following, that is to say : beginning 
at the western boundary line of the late William Roffee, 
one half mile to the northward of the Oranville main, 
road as now situate, thence westwardlj until it meets Uio 
eastern boundary line of the late Benry Troop, thence 
southwardly until it meets the Annapolis River, tbence by" 
the course of the river to the western line of William 
Ruffee, thence northwardly the course of that line to tha 
bound first mentioned. 



For Annapclia Boyd. 

AmiApou*. ^ 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 
Oenerars Bridge, westwardly to Allen's Creek, and north- 
wardly to Hog Island, including the same. 



Digt^. 



For Dighy. 

To all the roads and streets which are comprehendec 
within a circuit of two miles extending from the cour 
house in the Town of Digby in every direction. 



ItYflrpool. 



For Liverpool. 

To such parts thereof as extend from Port Point by th. 
western side of Liverpool Harbor to the bridge crossin 
the main road leading to the falls near More's tan-yarc 
thence south-west one mile, thence south-east one mil^ 
thence north-east until it strikes the harbor of Liverpoc^ 
and thence by the harbor to Port Point. 



AntigonUhe. 



For Antigonishe. 

To the Town of Antigonishe within the following limit - 
On the Hollowell Grant Road to the West line of the laK: 
of Joseph Dexter; on the Harbor Road including landic 
road to Angus McEachran's eastern line ; on the SaL 
Andrew's Road to South end of bridge at McAmes' ; * 
Glen Road to southern end of Wilkie's Bridge ; on MarsB 
Hope Road to T. S. Lindsay's West line ; on North Gnu 
Road to the North end of a bridge known as Lachy^ 
Bridge ; and on Church Street to H. P. Hill's South Mtm 
and to include new streets opened up. 



'^flTLE XL] COlOOaSIONEBS OF BI&EVFS. 263 

Chap. 49. 
For MiUon. 

Beginniag on the eastern side of Liverpool River at awidii. 
"VDridge called Salmon Island Bridge, thence ruoning at 
"height angles to the river eaetwardly half a mile, thence 
^po rtb war d ly parallel to the river until it comee opposite to 

"•J'bomaa Hetheriagton's house, thence running one mile 
^ — "•* a quarter on a course about North fortj-flve degrees 
^^eat, in the directicn of and past the house of Joseph 
^tord, jaor., including such bouse, thence southwardly 
^rrarallel to the river untii it comes opposite to the residence 
-a— »f Freeman Tupper, inclusive, thence to the river, thence 

-cSown the river to SalmoD River Bridge. 

Far Port Medway. 
From the Western Head to South West Cove, and ex-PortMwiw.y. 
-<: ending back from the river one mile. 

For Tuskei VtUage. 
From the court bouse in Tusket, to extend one mile in Tmkit. 
■^^ "^ery direction. 

For LuTienburg. 
Within snob parts of the town as extend eastward to the LnnFnotiis. 
^^oDth-Weet angle of the garden lota nearest to the town ; 
^^est to the road leading to Bnrn's tan-yard, and North to 
*-lie bridge in the rear of the town. 

For Chester. 

To the town plot. CHeiter. 

For Dartmouth. 
_ Within the distance of one mile, measured in a sontb> Dartmoatii. 
"^^ardly, eastwardly and northwardly direction, from the 
public lauding or steamboat company's wharf. 

For Pictou. 
|€a tho West by the W«st side of the Towd Gut, on the Rcm- 
bt by the West side line of the farm lately occupied by 
_ > late David Lriwdea,ua tUe South by the harbor of 
^Victon, and on the North by the rear liue of the original 
Votfilaid out and fronting the harbor. 

For New Olasgow. 
To the limits of 46chooI Section Number One in the irw oiugo*. 
■CflnthwtucHttri ct of the County of Pictou. 



264 



Chap. 49. 



C0MMIS3K>NEBS OF STRKBTS. 



[PART 1. 



For Ouysborotigh. 



Quynborough. To the tOWD plot. 



B.vdnfj-. 



Nortli Bar. 



For Sydney. 

To the peniDsiila of -Sydney, extending to the southward 
and eastward to Fresh Water River Creek, the old Saint 
Peter's road, and thence i n an eastwardly direction to 
Gopitt's Mill Brook^ and the nee to be bounded by the brook 
until it meets the waters of Malony^s Greek. 

For the North Bar. 

To the North Bar in the County of Cape Breton^ as laid 
oflF by the Sessions. 



For Sydney Mines. 

Sydney Mines. To Sydney Miues in the County of Cape Breton, as set 
off and defined by the Sessions. 

For Port Hawkesbury. 

PortHawkefc. To all the roads and streets which are comprehended 
»»«ry. within a circuit of one mile extending from the Methodise 

Meeting House in the town of Port Hawkesbury, in every 

direction. 

For Port Hood. 

PortHo(»d. To the village of Port Hood, in the County of Inverness, 

within the following limits : Bounded South by the Bridge 
at Little River, North by William Watt's Southern line, 
East by East Street, and West by the waters of the harbor 
at Port Hood. 

For Truro. 

Truro. To the viUago of Truro, in the County of Colchester, 

within the following limits : bounded North by the line be- 
tween Truro and Onslow ; West by a line at right angles 
thereto, passing by the Presbyterian meeting house, so as 
to include the road from the Presbyterian meeting bouse 
to the board landing; South by a line parallel with the first 
line, and to run one mile South of the court house, and 
East by a line parallel with the West line, and to run along 
the East line of the lane called David Fulton's Lane, so M 
to include William Eaton's Lane ; the East boundary line 
to extend northwardly from the corner of said laae to the 
Onslow town line. 



TITLB ZI.] COIIlfiaSiaNEBS OF BTREETa. 



Far New Caledonia. 



From Jacob Sturk'e West line, West to Willinm Iff. »e»ouoij™i«. 
WeatherKpoon's West line, bounded Sotitb by tlie Anna- 
polis River, and running North balf a mile from the uala 
road. 

2. The Rubneqaent />rovi8ions of this Chapter shair bmkIou api^. 
extend to the City of finlifax and the cominissioiiera ol a'wiui'.' 
streets therein, unless whore specificallyVscepted. 

3. The commissioners shall appoint a clork and receiver cirm >Bd iwd. 
of moueys, and may subdivide their districts and assign a^bdSi^or' 
part to each coromisBioner. dinrirt.. 

4. The commissioners shall remove all encumbrances DntiMoroMn- 
npoD the streets, prevent encroachments tbereon. make '°'"'™"^ 
repnirs. alterations and iraprovemftnta therein as required, 

open and make new streets when autliorized, mike and 
repair bridges, and cause to be obeerved tlie laws tuuching 
the streets and bridges, or the work to be performed there- 
on ; and, especially, shall call out, sue lor, le,vy and receive 
from the inhabitants liable to perform highway labor Ihe 
moneys, services, highway work and penalties and compo- i 

sition therefor, due, payable or to be performed by Ihem j | 

sod shall pri'secute for offences committed iigainst the laws 
relating to highways, and sue persons holding moneys ap- 
propriated ti) the repair of the streets, or not paying any 
penalty appropriated thereto. 

5. The commissioners shall keep an exact accouut of ju 
LsaoneyB received by them, and services performed under '^ 

"* Bir direction ; and shall, under a penalty of twenty dol- 
h annually, on or butore Ihe first day of the sessions 
ph shall happen first alter the lime limited for the per- 
Uiuce of statute labor, render under their hands to the 
R of the Peace, to be laid behire the sesiiions, a gone- 
regular, and ftiir account in writing of a!S moneys 
TVed and paid by them as Commissioners for the p^ist 
Mr, to the end tbiit the same may bu audited and passed 
/ the sessions. 

9. The commissioners shall from time to time cause the farther duu« 

Latomtt within their divisions to be cleared, repaired, ^•*''"''^'^''- 

iud, sunk, altered or paved, as they may deem proper; 

d Day also cause to be dug and carried out of or brought 

P into the streets, niiiterials from tlie shores of the harbors, 

doing aa lillle injury as possible in any case to the pro- 

pnulors df the soil; and may employ and pay boatmen, 

I Gsrts and laborers, as they may judge conducive to the 

aceomplishing the designs of this Chapter; and may also 

lubo Contracts for the repairing and paving of the streets; 

jfld yj; Qpmpouod with persons by the year for such bqoi 



266 COMMISSIONERS OF STREffKL [PAET I. 

Chap. 49. 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 undergoing 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 

courses of gutters, watercourses^r channels, running in 

or through the streets, to be altered as they shall think 

proper. 

Fine for neglect- 7. Porsous residing withiu the foregoing Hmits respec- 

ten and ^£ tively, shall keep the gutters and streets before the houses, 

ilU'dSL'?^"'"'" buildings or land inhabited or occupied by them, freo 

from dirt, filth and nuisance of every kind ; and whenever 

any encumbrance 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 four dollars, 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 encumbrance 

in the street where found, or not having so placed it shall 

suffer the same to continue twenty-four hours. 

Persons building 8. Persous bv leave of the commissioners may place in 

IS^toifor^mate- the strccts materials for building, not to include ships, and 

rial. erect posts, bars or enclosures for securing such materialSi 

and continue the same for such time as the commissioners 

may give leave and in manner as they shall direct, and not 

longer or otherwise on pain of forfeiture. 

Wells and 9^ j^q commissioners may cause wells to be dug and 

pumps, now 1111 • • 1 t ai 1 11 

provided, pumps to be placed therein, in the streets where they shall 

judge necessary and convenient, in manner as they shall 

direct. 

Knisanoesand 10. The commissioncrs shall cause all things belonging 

iSbieto removal, to any building or cellar, or to any ground or enclosure 

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 publiCi 

may suffer the same to remain, upon the proprietor giving 

security that it shall not be repaired or rebuilt, and alao 

paying to the commissioners a reasonable annual gronod 

rent for the part of the street encroached on d|^ing the 

continuance of the encroachment. 

how*°rot^d'in ^^' Persous intending to build upon or close to the 

caseofnew line of a Street, shall, before digging a foundation or begin* 

baudings. jjj^g |.jj^ building, apply to the commissioners to cauae the 

line of the street to be defined and laid out, and shall defmj 



TTTU XI.] ■ COHMIBSIONBRB OF 8TBEETS. 267 

lbs expflDse of a snrTeyor, if necesaary to employ oae, Chap. 49. 
sod shall dig the foandatioD and erect the building within 
the line, avoiding any encroachment; and if any person 
•ball erect a building upon tho itae of the street without 
making such application and having the line bo ascprtained, 
he shall forfeit forty dolIarB, and ahull also remove the en- 
croachment, or otherwise the comniiasionera may remove 
the same or take the step^i by law allowed in caaea of com- 
mon Quittances. 

12. When the commiaaionera shall have proceeded to iin» "••'^*» 
ascertain the line ot the street on the application of any ■i^atoi'mara. 
person itbont to build thereon, and he shall be disaatiafiod bomamtnua. 
with the line pointed ont by the commiaaioners, a Judgeof 

"Uie Supreme Court shall, upon application of either party, 
dsBue a precept to the Sheriff or hia doputy, to summon a 

jnry of twelve disinterested freeholders to meet at some 
<!OiivenieDt day therein mentioned to view and lay out the 
line ; and the jury shall have an oath administered to them 
^jthe Sheriff or his deputy, well and truly to lay out and 
establish the line of the atreet accordinj? to their best 

judgment ; and the witnesses tendered ahiill be sworn by 
the Sheriff or bis deputy ; and, if the jurors or eitiier party 
leqnire it, a new survey of the line shall be made ; and the 
SberiS* or his deputy shall make a return forthwith under 
the bands of himpelf and the jurors to the Judge, who, if 
1m shall approve thereof, shall confirm the return, and the 
aame shall be tiled in the office of tho Clerk of the Peace ; 
lot if the Judge shall not approve of the return a new 
^iracept shall be issued, and further proceedings had thereon 
an manner prescribed as to the first precept, and co on until 

Ja returu tje coiif:rme't ; and the Judge shall direct how 

«nd by wliom t!io oxpeuses of the proceedings shall be 
I ]paid, and the same shall be taxed by the Judge and shall 

'"^t exceed forty dollars. 

13. No persoi shall break up the soil of a street with- SJJl.Sff'b. 
fcnt first making application to the commissioners '° p?;^''^'", 
"Writing, specifying tlia purpose for which such breaking dSuuh.' 
Vp is required, ami obtaining their permission therefor in 

"""titing ; and the cammissioners may impose auch terms 

^O Ibe persun applying as the security of passengers 

I appear to them to require; and any person acting 

"Tary to this sectioa or to terms imposed by the com- 

ioners aliall for every offence forfeit twenty dollars. 

14. Every ptT^^on \rbo shall drive any carnage or ride ring tor i4dhig 
0^«ra aide path, or roll or place heavy articles over or on SaeplS!'" 
Kbs sane to tho injury or obstruction of the aide path, 

vInII lor every olTtiuce forfeit not less -than oae nor more 
'" D «igbt dollare. 



268 



COMMISSIONERS OF STBEBTS. 



[part 



Chap. 49. 



AnnapoliB river 
bridge under 
ohftri^e of oom- 
miuionen. 



15. The whole of the bridge over the Annapolis Riv^ 
at Bridgetown shall continue under the charge of tlae 
commissioners there, whose duty it shall be to see to t\)e 
proper keeping and repair thereof; and they shall ta^lto 
such measures for preventing injury to the bridge and "Cor 
bringing to punishment persons guilty of wilfully injuri Bg 
the same as to them may appear expedient. 

16. The courts of general sessions are hereby ^em- 
powered to set off by limits districts within their count's. «8, 
and from time to time to alter the same, and to declare w liat 
number of commissioners of streets shall be appointed for 

Appointment of each district in manner following: the grand jurj' stiall 



Sessions may set 
off districts. 



Vaoancies. how 
#Ued. 



commissioner!, rccommeud doublo the number being residents in s mjch 
districts, of whom the sessions shall select one>haIf, on«:3 of 
whom shall annually retire in the order in which his nsrm.me 
stands on the recommendation list handed in by the gr«^nd 
jury ; and, upon such retirement, two other residents ftliall 
be recommended in like manner, one of whom shall be 
selected by the sessions to supply the vacancy creat0(M by 
such retirement; and in case of the death, coutiii ^led 
absence, or refusal to serve of any such commissionei^««, a 
special sessions may fill up such vacancy, subject to the 
confirmation of the grand jury and the general sessioasat 
their next meeting; and any person appointed under tliis 
section who shall neglect his duty, or after notice of such 
appointment shall refuse or neglect to be sworn into office 
within fourteen days, shall forfeit and pay a fine of eight 
dollars. 

17. The sessions in setting oDf districts may include 
SnT'tot^'shf^," within their limits any bridge now or hereafter to be bui/t 
**^- over any brook, stream or river, dividing any districts or 

townships, and may place such bridge or any part thereof 
under the charge of the commissioners having supervision 
within such districts. 
Provision&ofthig 18. Upon being sworn to the faithful discharge of their 
chapter to apply. J „^^^ all the provisious of this Chapter shall apply to the 
Commissioners to be appointed under the sixteenth 
section. 

19. When vacancies of commissioners shall occur in 
the several districts or villages in the first section named, 
they shall bo filled up and supplied under the sixteenth 
section. 

20. The commissioners shall have all the powers by 
law vested in the surveyors of highways; and no survevort 
of highways shall have any powers within the jurisdiction 
of such commissioners. 

21. Moneys and forfeitures payable under the fof*" 

i^wHcS!^ going sections may be sued for and recovered by thj 
co/omissiooera in their uatao ot office as commissioners »* 



Bridges over 



Vaoandes, how 
fllled up. 



Powers of com 
miiMioners. 



Money and fines, 



I XL] BUDOES AND PUBLIC LANDIKOS. 269 

its for the place for which thej Wve been appointed, Chap. 50. 
the individual nanaea of them or any of them in tbo 
mnnner and with the like conts as if they were 
-to debts, and when recovered shall be applied by the 
Qissiuiiefa to the repair ot tlie etreeta or other the 
ones of this Chapter. 

No action sliall be commenced against the '^om- Jpiiw rf^j^on 
onerd or persona acting under them nntil twenty iftiieni™i!Ii^ 
' notice in writing shall be given to one or more of 
ommiitsioners, nor after six months next after the act 
nitted for which the action shall be brought; and 
y such action shall be laid and tried in the county 
in which the commisHionors have jurisdiction. 
, The word " coramissioneri<," when used in this Duflnitionof 
iter, shall include the commissioners of streets or the 
r part of them within ttielr respective jurisilictiona, 
m otherwise exprrsaed or repugnant to the sense; 
the word •' streets" shall include highways, lanes and 
ges. 

Sections five, fifteen, seventeen, and nineteen shall O''" "* =•'■'"• 
apply to the City of Halifax. 



CHAPTER 50. 

OF BRID0B3 AHD PDBLIC LANDIMQS. 



T,' 



The sessions shall have control of all public wharves WhirTn.iud- 
pablic landings, anil of all draw-bridgea, and also of '3^Jod2^ 
ollowing other luidtje,^, viz: — Lake Porter Bridge, in j;^"'"''"' 
ybonty of Halifax ; the bridge over Sisaiboo River, in 
County of Dijjliy, aniJ the bridge over Bear River, 
lillg the counties of Annapolis and Digby, which latter 

5, for the porpo^L's of this Chapter, shall be considered 
ia the CiiMiity of Digby, The sessions may make 
rt for the [ires<.irv;ition and proper keeping of sach 
^QS, wharves and liimlings, and may appoint persons * 
periotend the same, wlio shall in such case be sworn 
B&ithful discharge of their duties before a justice ol 
[Waca; and the sus^Iliiis may affix penalties for the 
:1i of any snch ordors, not exceeding in any one case 
re dollars, and may also impose charges on vessels 
5 ftt, and goods landed oti, such wharves or landings, 
may direct the mode uf recovery and application of 
penalties and charges ; but nothing herein contained 
I affect rtghls conferred by any act of incorporation in 
lipn to aoy Mioli bridge, public wharf or public laudlag. 



270 FERRIES. [PABT 



Chap. 51. 2. The. sessions, upon the presentment of the „ 
Draws to be jurj, are authorized to cause draws to be made in any 
Si;;i^p^i!*^ ^he bridges erected or to be erected over any of the rive 
ment of grand in this Proviuce ) and all such bridges so converted in 
^^^' draw-bridges, shall be thereafter subject to all the p 

visions of this Chapter ; but nothing herein contain 
shall authorize the placing a draw m any bridge bo. 
under any charter or act of incorporation. 




CHAPTER 51. 

OP PERRIES. 

¥m'u» estab- 1. The sessious may establish ferries over harbc 
ii't^1)y'ie8riSS! bays, rivers and creeks within their counties or distri^ 
and agree with and grant licenses to ferrymen on one 
both sides thereof, under the regulations and at the n 
of ferriage by the sessions established or to be establisi 
Duty of ferry. 2. Ferrymen shall keep safe and good boats or vesi 
'"^* in good repair and suitable for the ferry, and give rei 

attendance on the passengers according to the regulatii 
Fine for negwt^ 3, Forrymon not complying with the regulations 
liability.' receiving more than the established rate of ferriage, 

neglecting to keep boats or vessels or to give attendi 
as hereinbefore directed, shall forfeit for every offence " 
less than two dollars nor more than eight dollars; ^^ 

shall be further liable to an action on the case for dam==^8 
by any person sustained from the neglect. 
Fine for inter- 4. Whcu a forry has been established and the fer^wrv 
n'S^fn^^^ivUe- man licensed, if any other person shall carry over »'< 
^*' harbor, bay, river or creek, whereon the ferry is es^^*i^ 

lislied, any person, cattle or carriage for hire, unless by 
consent of the licensed ferryman, or on his not giving cffoe 
attendance ; he shall for every offence forfeit not less t'SiM 
one dollar nor more than four dollars to the use of the p«r- 
, son sueing; and in default of goods whereon to levy, ^be 
person convicted shall be committed to jail for not less tbao 
five nor more than ten days, to be in the execution ex- 
pressed, unless the amount shall be sooner paid ; but if th« 
licensed ferryman shall not give attendance pursuant ^ 
the regulations, then any other person may supply hi* 
place and receive pay as if licensed until another shall b^ 
appointed. 



el] bailboads. 271 

Chap. 62. 
CHAPTER 52. 

)F CGBTAIN PBOVISIONS RBSPBCTINO BAII.ROADS. 

The proprietor of any railroad whereon any loco- Bdta or whmih , 
engine shall be rua ehall causa a snitable bell or !^m|'^|^w~ 

whistle to be kept on every engine while running, Ejnmgorwond- 

shall be rung or blown at the distance of at least 
rods from every place where the rail crosses any 

oad npon the same level with the rail, and shall be 

nging or sonnding until the engine has crostted. 

rhe proprietor of every such railroad shall cause Fiinteibord* 
to be jplaced, well supported by posts and con- ""*^'' 
maintained, across every road at every place where 

1 by the rail on the same level ; such boards and 

o be of a height to be easily seen by travellers 

t impeding the travelling ; and on each Bide of the 
shall be 'painted in capital letters, at least nine 
high, the following inscription, to be kept always 

' legible : " Railroad Grossing, —look out for the 



Upon application to the sessions, setting forth that a«t""di£eifp- 
ition to the foregoing provieiona it ia necessary for mly ba ani!|«d 
icnrity of the public that gates should be placed"'*™'"*' 

any such railroad where the same shall cross any 
n the same level therewith, and that persons should 
:ioned at such gates to open and close the same 
required for the passing of the engine, the sessions 
ivestigate the application and hear evidence thereon; 

they Hhall be of opinion that the placing of such 
kod the stationing of such persons thereat is necee- 
ar the security of the public, shall make an order 
lingly, with whicii order the proprietor shall comply ; 
I ancb order shall be made unless a summons, to be 

by the Clerk of the Peace, setting forth the nature 
sppHcatiun, shall be served on the manager ^r 
I having charge of the railroad or some known agent 

proprietor thereof, [iotually employed in and alfout 

invaa, at least ruiit-tecn days before the 6rst day of 

ting of the sessions at which the invesrigatioo shall 

?lace, requiring cause to be shewn against such 

^tioD. 

If any proprietor shall violate any of the provisions Kasiornoia- 

tbrea preceding sections, he shall for every offence ^[^T*^'"* 

ft Bum not exceeding two hundred dollars. 

If any person shall maliciously obstruct the passing Kierorobmnict- 
' OQfioe or carriage along any railroad, or shall ma- ^' «"™^ 
ij paoe uj thing on any railroad now or hereafter 



272 



BAILBOADS. 



[part L 



Impriflonment 
wken no goods 
to satisfy line. 



Chap. 52. to be constructed iq this Province calculated to obstruct 
the paaning of any engine or carriage or to injure or 
endanger the same, or shall inalicioudly injure such rail- 
road or any .thing thereto appertaining of 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 two hundred dollars or be imprisoned 
for a term not exceeding two years. 
Pine for goiaff 6. It any persou after any such railroad shall be opened 
wumXorraiP-for use shall him^^olf go thereon, or shall ride, drive or 
roid. Iq^j jjyy animal thereon without the consent of the pro- 

prietor, he shall for every offence forfeit four dollars ; but 
nothing in this section shall prevent the passing across the 
railroad where the same is crossed by any other road on a 
level thoroxvith. 
Pino for cattle 7. If any animal shall be found going at large within 
Siroad umito. the limits of any such railroad after the same is opened 
for use, the person through whose neglect the same shall 
occur shall for every offence forfeit one dollar ; provided 
the railroad shall have on the sides thereof where it shall 
not cross some other road on the same level, a lawful 
fence. 

8. If any person convicted under any of the two 
preceding sections shall not pay the judgment, and no 
goods can be found whereon to levy, he may be imprisoned 
for a term not exceeding one day for every one dollar of 
the amount of the judgment ; such term in no case to 
exceed three months. 

9. In order more effectually to prevent breaches of the 
poSt^dTS^ir foregoing regulations, the general sessions or any special 
Cdges and duty. gegg-JQijj^ uot Interested in the railroad or 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 pi'oprietor, and shall carr}' such 
distinguishing badges when on duty as the general or 
special sessions shall direct, and shall have all the powers 
of constables in preventing such breaches, and for appre- 
hending offenders and taking them before justices of the 
peace, and for^ preserving public peace and order on and 
within the limits of the railroad. 

10. Within three months after anv lands shall be Uiken 
for a right of way for any private railway, the company, it 
thereunto required by any owner of the lands through 
which such railway passes, or by the Gustos of the county 
in which such railway is being built, shall, at their own 
cost and charges, erect and maintain on each side of such 
railway, fences of the height and strength required bj 
Chapter 24, " Of Fences, Pence Viewers and ImpoandiDg 



s 



Special 
bles, h€ 



consta- 



Fcuca*, crofa- 
ings, cattle 
guards, Ac, to 
be provided. 



TITXJ XI.] mOBW&T LABOB. 2C 

eAcIi BRrveyor, and the namber of days which each pereoD Chap. 46. 
t»liall be liable to perform ; and the aeasroDS shall make 
auch reguUtioDB to secure the due notificatioD of the eor- 
veyors aa to them may aeem proper ; aad two daya' labor 
«hall be remitted to the person with whom the aeaesament 
roll ta BO lodged. 

22. All motleys coll'ecited by aurveyora of highways and E>iviidHnrtu( 
commia 9 toners of streota shall be expended by tender and '""'"'*"'■ 
oontract, or by public auction, after three days' notice in 
'^vritiiig posted iu at least two of the most public places in 
tlie district, nnless in the opiuioo of the surveyor or com- 
Qkiuioner it would he more advantaguoua to the public 
thitsuch expenditure ahouM be by day's work; and in bj *■?'■"''' 
^i**se8 of expenditure by day's work, the surveyor or com- "^ 

XKaiaaJoner ehall make oath to his accounts in the same form 
^^ in the expenditure of government road money. 

23, Each surveyor and commissioner who ahali by Peiuiiy on .or- 
■*^gl6ct or misconduct caose the loss of any statute labor, '*^' "<;»«ipt«. 
^luil be liable to pay double the amount of soch statute 
'^lur, to be recovered as debta of that amount are now How rtn^tin'ii 
'~^*«wer8ble : such amount to be proceeded for within two " 'pp "■ 
3^^3ara, and when recovered to he applied as follows ; one- 

^^»lf for the roada within the county or district, and one- 
■*^f to the proaecutor. 

24. Every surveyor or commissioner for any other p™»1'j- 
*^ ^»glect of duty shall be liable to a penalty of eight dollars, 
*■** be recovered and applied aa in the laat preceding aec- 

25, The aurveyor of atatate labor aliall retain out of Fsyor>>irif.v- 
*l»e Honeys in his hands the sum of oue dollar for each and ""■ 
^^V7 day which he ia obliged tq attend on the road, over 

^nd above the number of daya which he is liable to per- 
ioral under this Cliapt«r. 

26. All fines and Jorfoitures incurred by minors under Purtoitum by 
Ujis Ciiapter may be tocoverod from the parents, mastem SyctS'.""* "''^ 
^T gnardiana of such minora with whom auch minors reside, 

or irho h.ive a right to receive their wages, in the manner 
provided in the next following section. 

37. Forfeitures under this Chapter shall be sued for and Forrcitum, lunr 
wcovered by the aurveyor or commissionera by their name ^iISi. "'' 
ol office aa surveyor of highwaya or commissioners of 
*lreotH tor the place tor which they bavo been appointed, 
. wiDthe individual names of them or any of them, or by 
Wd in the name of uny person who will sue therefor, and 
■li^ caee in the same manner and with the tike costs as 
K^fcay were private debts ; and, when recovered, shall be 
n|diM b; the surveyor or commisaiooera to the repair of 
» highwaya. 

17 



274 



COBPOBATIOira. 



[PART I. 



Chap. 53. nor repugnaDt to the charter or act by which any such 
corporation may j)e 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 
oi calling and conducting meetings, the number of 
bers which shall constitute a quorum, the number of sharei 
which shall entitle the members to one or more votes, th 
mode of voting by proxy, the mode of selling shares fa 
the non-payment of instalments and of transferring shares 



Bye4awB, and 

Rrooeedings to 
sreffulated 
thneoy 




Froceedinfls, 
how reooraed, 
when required 
by aot of iooor- 
poration. 



First meeting, 
how oilled. 



generally, the tenure of office of the several officers, anc 
the purchase, conveyance and sale of their real and pa 
sonal estate ; and they may annex penalties to their by 
laws not exceeding in any case the sum of twenty dollar 
for any one offence. 

3. When any charter or act of incorporation shall dire 
that the bye-laws and list of shareholders, or either of then: 



i 




shall be registered, no bye-law of the incorporation shall fa- 
in force until a copy thereof, and also, if required by th 
charter or act of incorporation, a list of the. names of a 
the members of the corporation, with the amount of th 
stock held by each member respectively, certified and 
the hands of the president and secretary, or, if the co 
pany shall not have been organized, under the hands 
three at least of the members of the company, of whoi^:::^ 





one at least shall have been named in the charter or act 
incorporation, shall be recorded in the office of the Regi 
trar of Deeds in such county as may be directed by sue 
act or charter ; and no subsequent bye-law, nor any su 
scription of additional stock, nor the transfer of any stocC^ 
or shares in the corporation, except by devise or by de 
cent, or other act of law, shall be effectual, until a certificate 
thereof, under the hands of the president and secretar 

shall be recorded in the same office ; and in all cases by_^ 

laws relating to the real estate of the corporation shalll^^i 
before they become effectual, be recorded in manner abov 
mentioned, in the office of the Registrar of Deeds for th 
county or district in which such real estate may be situat 
4. The first meeting of every corporation shall, anie 
otherwise provided in the charter or act of incorporatio 
be called by notice signed by any one or more of the pe 
sons named in the charter or act of incorporation, and se 
ing forth the time, place and purposes of the meeting ; a: 
such notice shall, seven days at least before the meetin 
be delivered to each member, or left at his place of rei 
dence, or published in some newspaper of the county 
the corporation may be established, or where its princi 
place of business shall be situate, or if there be no ne 
paper in the county, then in two of the Halifax newspape 



f 




:^ d 



I 

1- 




CITLB Xn.] CORPOBAtnOKS. 275 

5. Whenever by reasoD of the death, absence or dis- Chap. 53. 
ibitity of the officers of any corporation there shall be no ho» misd in — 
)erson aathorized to call or preside at a meeting thereof, >pK'>ioua. 
kny jastice of the peace may, on a written application of 

hree or more of the memboro, ifisue a warrant to any one 
if HDcb members, directing him to call a meeting of the 
nrporation by giving the notice aa required by law ; and 
Jie jastice may in the same warrant direct such person to. 
ireside at each meeting if there shall be no officer present 
egaUy antliorized to preside thereat. 

6. Such corporation when so assembled may elect offi- Pa<r«ra or rorpo- 
:er8 to &U all vacancies then existing, and may transact Hm")^. " 
iDcb other business as mlgiit by law be tranaactedat regu- 
lar meetings of the corporation. 

7. Notwithstanding the corporation may hold real smrw panoimi 
estate, the shares of the stockholders shall be deemed to be ""'*"''■ 
personal property for all purposes. 

8. The real estate of the company may be sold under ii«ii «tahi h14 
execution in the same manner as personal estate, and the Jirtj?"'^^^ 
Sheriff shtill, immediately ofter 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. 

9. All acts or charters of incorporation shall expire, Acama^n 
aotePB the company thereby established shall go into oHnUonwUhtn 
operation within three years from the passing thereof, ™ '"^ 
anlefls otherwise specially provided therein. 

10. All corporations whose charters after they shall '^"""^SjM'art 
have gone into operation shall expire by their own limita-iftersxpinUon. 
^on. or shall be annulled by forfeiture or otherwise, shall Jji,^ "" """ 
jieverthelesB be continued as bodies corporate for the term 

of tJiree years after the lime when they would have been 
so dissolved, lor the purpose of prosecuting and defending 
■flits by or agaiu.st tliom, and of enabling them to settle 
and close their concernp, to dispose of and convey their 
poperty, and to divide their capital stock ; but not for the 
fmrjiose of continuing tlie business for which such cor- 
fwrations were establislied. 

11. When the chnrtor of any corporation shall expire TnuUM m*; to 
or be annulled, as provided in the preceding section, the 2iS3ui^t«i. 
Supreme Court, on application of any creditor of such cor- "hJJe'j'JJlJl^''" 
[wratiou, or of any member, at any time within the three 
years, may nppoint a trustee or trustees to take charge of 
the estate and ofTuot^ of the corporation, and to collect the 
^bt« aud property duo and belonging thereto, with power 
to proaecnte and defend snits in the name of the corpor- 
AtioD, and to appoint iigants nnder them, and to do all other 
«cte which might bo done by such corporation if in being, 
tbat may be necessary for the fioal settlement of the QQ- 



276 



COBPOBATIONS. 



[I 



Offioen and 
members how 
nued. 



LiAbUity of 
individual mem 
ben. 



Chap. 53. finiulied busiDess of the corporation ; and the po\ 
■ such trustees raay be continued beyond the three 
and as long as the Court shall think necessary. 

12. When any officer or member of a corporal 
liable for any debts of the corporation or for acts in n 
to its business, or to contribute for money paid by 
officers or members on account of any such debts o 
he may be sued therefor in the Supreme Court. 

13. No member of any corporation shall be re 
from individual liability for its debts or obligatiom 
each member thereof shall be liable as a partner 
same extent as if no corporation existed ; and in ca 
execution issued on any judgment against the corpo 
shall be returned unsatisfied, the individual real at 
Bonal estate of every member of the corporation si 
liable to respond such judgment under execution 
thereon in the same manner as if the same were a p 
debt due by such member, unless the special act cr 
the corporation shall exempt its members from 
liability ; and any member who shall be so compe 
pay any moneys on account of the debts of the corpc 
shall be entitled to credit therefor in the books of t 
po ration. 

14. The directors or board of managers of anj 
corporation, the liability of whose members shall be I 
by the act or charter of incorporation, unless oth 
specially directed therein, shall in all cases be pen 
liable for any responsibility incurred by them on a 
of the corporation, beyond the amount of the 8to< 
scribed, without the sanction of the company obta 
a meeting thereof held in accordance with the by 
unless such larger amount of dealing be specially ; 
ized by the act or charter of incorporation ; but tl 
tion shall not extend to insurance companies. 

15. The acts of incorporated companies performe 
in the scope of their charters or acts creating the: 
be valid, notwithstanding they may not be done ui 
be authenticated by the seal of such corporations. 

No company to 16. No Corporation shall issue notes or bills f( 

fnfOTVaunuioIj ment of money, for the purpose of circulating the 8 

spSku^autS^r- naoney, or engage in any banking or insurance b 

ired. uulcss especially authorized to do so by its act of 

poration; and if any corporation not so authorize( 

issue such bills or notes, or shall engage in any b 

or insurance business, its charter shall be thereby re 

void. 

Arbitrations, 17. Whenever in any act or charter of incorp 

how conducted j. . .^ l . ^« l-la 

where a corpo- Buy disputos or matters 01 controversy in whicb t 
rauoniaaparty. pQration may be interested, or any damages to whi< 



LiabUity of 
directors, *c. 
peraonally in 
special cases. 



Act« of com- 
piniee valid 
without seal. 



m.} CORPOBATIOHS. 27T 

come liable, eball be directed to be settled or ascer- Chap. 53. 

by arbitmtton, the mode of proceedmg on anch 

tioD, iinlesB othorwise prencribed, Hhall be as fo!* 
iz: unless both parties shall concur in the appoint- 
t a siogle arbitpator. each party on the request of 
er party shall, by writing nnder the hand of tbe 

interested, or on behalf ol the corporation under 
id of the president or ona of the directors and the 
ry, appoint an arbitrator to decide the matter in 
>a :*aud after such appointment shall have been 
leitber party shall have power to revoke the same 
t the consent of the other, nor shall the death of 

the parties operate t^s a revocation thereof; and if 
party shall fail to appoint an arbitrator within four- 
lys after service upon him of such written request, 
;e of the Supreme Court, at tbe instance of the 
naking such request, may appoint an arbitrator to 
behalf of both parties, who may proceed to hoar 
termine tbe matters in question, and bis award shall 
I. If any arbitrator after liia appointment die or 
) incapable from absence or otherwise, or refuse, or 
en days neglect, to act as arbitrator, tbe party by 
le was nominated, or a Judge. of the Supreme Court, 
ppoint in writing some other person to act in his 

and if for seven days after such substituted arbi- 
ihall have received notice iu writing from the other 
or that purpose he fail to do so, the other arbitrator 
oceod to hear aud determine the mattojs iu quea- 

re twoarbitrators shall have been appointed, they 
efore entering upon the matters referred to them, 
t by writing under tlioir liiiuds an umpire to decide 
they shall diifer; and, if the unspire shall die, re- 
r (or seven days neglect, to act, they shall forthwith 
tuiather umpire in his place ; whose award togeth* 
h that of one or both of the arbitrators, shall be 

arbitrators or umpire may call for the production of 
auments in the po-ssession or power of either party 
they or he may think iiecesaiiry for determining the 
t referred to them, and may oxamino tbe parties and 
■itnesses ou oath, and admini.-<ter the oaths necessary 
t purpose. 

M otherwise providud in llie act or charter of in- 
ttion, the costs attending such arbitration shall be 
i such party, or by both finrticB in such proportions, 
he directed in the iiwaril. 

sabmiseion to any such arbitration may be by rale 
wryt Mijr'aoart. 



278 



C0BP0BATI0N8. 



[PART r. 



Chap. 53. 

Abstract of re- 
oeipts. ACyOfall 
joint stock in- 
corporated com- 
panies to be 
filed, Ac. 



Penalty. 



Insurance cor- 
porations to 
make annual 
rotums to offloe 
of Provincial 
Secretary. 



Ad» of incor- 
porated pier 
companies, Ac., 
to continue to 
Slst December, 
1875. 







Jfot to oooHict 
mth (kaads 
law. 



18. All joint stock incorporated companies doing busf- 
ness in this Province by agents or otherwise shall, once in 
every year, produce and file in the Provincial Secretary's 
office an abstract of all their receipts, expenditures, profits 
and losses within the Province; and, when required by 
the Govornor in Council, such rules, bye-laws, accounts, 
and such other ot their proceedings as shall be specified in 
such requisition. 

19. Any such corporate body refusing or neglecting to 
furnish such abstract or to comply with such requisition, 
shall forfeit a penalty of twenty dollars for every mouth 
during which such default shall continue. 

20. On or before the last day of February in every—^ 
year a return shall be made into the Provincial Secretary' 
office by the president, agent or manager of every com- 
pany, corporate body or agency, doing business as insure 
in this Province, of the business of insurance upon lives 
against fire, and upon all marine risks done by the 
respectively between the first day of January and th 
thirty-first day of December preceding such return, bot 
days being included ; which return shall comprehend tb 
number of policies entered into, the number of policies 
renewed, the amount insured, and the premiums paid, an' 
in case of insurance against fire, the nature of the prope 
ty insured, whether real or personal, and its situatio 
whether in the City of Halifax or in other parts of th 
Province ; in case of marine risks the ports to which th 
vessels insured belong, where it can be known, and sh 
also state the capital and other security for the paymen 
of losses, and where the same is situated ; and, in case 
marine insurance companies and corporate bodies out o 
Nova Scotia, whether there is any security or capital wit^ 
in the Province for the payment of losses, and the nature 
permanency and amount thereof; which returns shall b 
certified to be true by the president, agent or manager o-- 
every such company, corporate body or agency respee 
ively ; and every such president, agent or manager n 
glecting to make such return, or knowingly making a fal 
or defective return, shall forfeit two hundred dollars. 

21. All acts of incorporation of wharf, pier or brea^ 
water companies, heretofore passed by the Legislature 
Nova Scotia, whether temporary or perpetual, and also 
such acts of incorporation hereafter to be passed previocs^^* 
to the session of the General Assembly, in the year or^=^^ 
thousand eight hundred and seventy-five, shall continue 
force until the thirty-first day ot December in that ye 
and no longer, unless renewed by act of the Legislature. 

22. Nothing herein shall be construed to contravena^ 
conflict with any legislatioa (intra vires) of the Pari 
meni of Canada. 



8 










titlb xn.] joint stock cohpanieb. 279 

Chap. 64. 
CHAPTER 54. 

OF OEBTAIN JOINT STOCK COHPANIBS. 

1. Any five or more pereooe who desire to form a joint i>Mi»nrti« 
atock company, and to become incorporated, may make ^^oo irfK>m- 
snd sign a declaration thereof, in writing, according to the '"''^■ 
form in the Schedule, in which tbey ttiiall state the namea 

and residencea of the subscribers, the number and amoant 
of shares of which the capital stock is to consist, the num- 
ber of shares taken by each sobscribor, the corporate 
name of the company, not being that of any preriously 
existing company, the object for which the same is formed, 
the name of the town or place where the businesa of the 
company is to be carried on, and the amount of capital to 
be paid up before the company shall go into operation ; 
but DO company shall be thus incorporated for banking, K«rtrieUon.. 
iosarance, or ordinary mercantile and commercial business ; 
nor shall any company incorporated under this Chapter 
engage therein. 

2. Sach declaration shall be signed in duplicate by the DeoiAnUai to 
parties desirous of being incorporated, by themselves or how'aigiiiH]. 
an agent or agents thereunto duly authorized in writing ; 

and in such case the power of attorney shall, if executed 
out of the Province, be duly authenticated by a notarial 
certificate ; and such power of attorney and certificate 
riiail be attached to the declaration ; and the declaration 
diall in all cases be, and purport to be, executed in the 
presence ot a subscribing witness to each aigrature ; and 
one of tho duplicates, witii the original power of attorney 
attached, shnll be filed in the office of the Registrar of 
Deeds for the county or district wherein the proposed 
place of business is situate ; and the other duplicate, with 
a copy of su';h power of attorney, shall be filed in the 
oEoe of the Provincial Secretary at Halifax. 

3. When tho formalities prescribed in the foregoing ODoompiiuHB 
Bestiona have been compliad with, the persons signing such ^^J^^'p^lw 
dftdaration, their associates and successors, shall be a body J^^Jj^ 
corporate, by the name therein mentioned, to the same 

ntent as companies incorporated by act of the Legislature, 
ud ahall be subject to Chapter Fifty-Three, " 01 General 
PfQTisions respecting Corporations," except as herein 
prorided. 

i. Before any such company shall go into operation whente go inw 
twenty-five per cent, of the subscribed capital shall be"^™ ' 
tctuuUy paid up in cash ; and a certificate thereof, verified 
by oath of the president and treasurer of the company, 
Viatl bo filed in the office of the Begistrar of Deeds fot 



280 



JOINT STOCK COMPANIES. 



[PABT I. 



Chap. 54. 

LUbUitTof 
■hueholden. 



After tmnsfer. 



If diTldend paid 
out of capital, 
directors liable 
for debts. 




Directors filing 

objeotioos 

exempt. 



Meeting for in- 
creasing capi- 
tal stock, how 
called, Ac. 



Preoeedings 
thereat. 



6. Every shareholder shall be liable in his person and 
separate estate during membership to an amount equal to 
double the stock held by him, deducting therefrom the 
amount actually paid to the company on such stock, unless 
he shall have made himself liable for a greater amount by 
becoming surety for the debts of the company. But no 
shareholder, who may have transferred his interest in the 
stock of any such company, shall cea^e to be liable for any 
contracts of the company entered into before the filing of 
the certificate of transfer, provided for by the fourteenth 
section, so as any action in respect of such liability shall 
be brought within sis, months after the filing of sue' 
certificate. 

6. If the directors declare and pay any dividend whe 
the company is insolvent, or whereby the company is re 
dered insolvent, or which would diminish the amount o 
its capital stock, they shall be jointly and severally perso 
ally liable for all the debts of the company then existing, 
and for all debts subsequently created during their tenu 
of oflBco; but any director who objects to the payment o 
such dividend may, before such payment, file with tb 
secretary of the company, and with such Registrar o 
Deeds, as aforesaid, a written statement of such objection 
and shall be thereby exempt from such liability. 

7. Whenever the whole capital stock has been take 
up, and a majority of the directors of a company, by thei 
votes, resolve and declare that the capital stock of sue 
company is insufficient for the purposes thereof, they ma;^ 
call a general meeting of the stockholders of the company 
giving at least thirty days' notice of such meeting, by 
written notice, signed by the secretary, and addressed 
each of the shareholders or their representatives, and — 
transmitted through the post ofiice, and by advertisement?^ 
thereof in a public newspaper, published nearest to tho^ 
place where the company's affairs are transacted, and^ 
continued to be so published until the day of meeting. 

8. At such meeting a majority of the stockholders hold-*- 
ing a majority of the sh^^res in the company, may, by their*' 
votes given thereat, in person or by proxy, pass a resolutions 
authorizing the directors of the company to increase tb^ 
capital stock thereof to such amount as they deem neces-* 
sary for the purposes of the company, the amount where--' 
of shall be expressed in such resolution ; and there- 
upon such directors may pass a bye-law for the purpose 
of increasing the capital stock to the amount mentioned ia 
the resolution of the general meeting of stockholders bb 
aforesaid, and for declaring the number of shares into 
which such capital stock shall be divided, and the tim^ 
and manner of payment of the several calls to be made for 




.f 



.f 




OTLB Zn.] JOINT STOCK COHFINIES. 281 

be payment of such new stock, twenty-Gve per ceDt. at Chap. 54. 
>a8t of which Bhall be actually paid up in cash. twhuj-b™ pn 

9. UpoD the paeaing of sucii bye-law all persons who «"'■ p^'"»- 
9sire to become holders of any share or shares of sucli uS^'SJ?'' *""* 
)\v stock, may make and sign a declaration, in which shall 

t set forth the amount of snch new stock; the total ODDteau of de- 
aonnt of the company's capital stock, including new 
3ck ; the number of shares of such new stook ; the total 
imber of old and new shares of stock. Such declaration 
all also CQDtaia a column wherein shall be set in figures, 
'posite to the signature of each subscriber, the number 
shares for which he subscribes. 

10. Snch declaration shall be signed in duplicate, and^^'^jjjg^- 
.all be certified and filed in the office of the Provincial 
jcretary, and in the county or district registry of deeds 

Ece, in the manner mentioned in the second section uf 
lis Chapter. 

11. The declaration shall not be bo filed or certified Notaiodiutii 
intii bC least one-halt of the new stock has been sub- ^,^'iited. 
icribed. 

12. When the declaration has been so filed the name irama m atsck- 
dI every stockholder contained therein shall forthwith be i^„''|^^'jSf^ 
entered in the books of the company, aa that of a stock- p«^r- 
Iwlder, with the date of subscription and number of shares 
wbacribed for ; and, so long as any of snch stock remains Eanidndwot 
iniabscribed for, any person desirous of becomingastock.J^*''"'*^™ 
Inlder may subscribe his name to the declaration filed in 

tke registry office for one or more of such unsubscribed 
iWres ; and the name of such subscriber shall forthwith be 
■tered in the books of the company in manner afore- 
wd. 

13. Upon the performance of the several acts mentioned ^^,^^ 
the next procedJDg section, and payment of the instal-ter, neiritock- 
naots as required by the eightli section, every such stock- meiab^oitbs 
wider whose name baa been subscribed to the declaration, "Tontion. 
dull immediately thereupon become s member of the cor- 
potation, and from thenceforth flhall have and enjoy the 

■ae rights and privileges, and be subject to the same con- 
Sitioiu, reitrictiuns and liiibilitios, to which the original 
ttookholders are thenceforth entitled or liable; and such 
■uv Bharee of stock shall thenceforth be subject to all the pro- 
vilio&i of this Chapter relative to snch companies, in the 
Wme maoner as if they had foriaed a part of the stock ori- 
ginally subscribed. 

U. The bye-laws of the company, and all the amend- Bje-i*'"»»<i 
ttDt* thereof, made therein from time to time, and the (um uV Uao, 
ntmes of all future shareholders in the company, and the 
jailers of all shares, with the dates of such transfers, shall 
HewtifiMlJa duplicate by the president under his hand, 



282 



JOINT STOCK COMPANIES. 



[part I. 



Chap. 54. 



TnuisferBot 
oompleted untO 
fltod. 

Dedaraiion 
required for 
formation of 
company by 
three or more. 



LiabiUty. 



Company most 
go into operatioa 
within one year. 



Proceedings to 
wind up com- 
pany if insol- 
vent, or sus- 
pended. 



Court may ap- 
point a receiver. 



And make neces- 
sary orders. 



Gas and water 
companies. 

Not to conflict 
with Canada 
aw. 



which certificate shall, within one month, be transmitted 
to the Provincial Secretary's office, and filed in the office 
of the Registrar of Deeds of the county or district ; and 
such transfer shall not be complete until such certificate is 
filed. 

15. If three or more parties shall desire to be incorpo — 
rated for any lawful purpose or business, and shall make 
execute, and file a declaration similar to that referred to i 
the first section, except that no reference need be made t 
the proposed capital, and shall state therein that they d 
not seek under such incorporation to become free froi 
personal responsibility, such parties shall thereupon b 
come a body corporate, and shall be entitled forthwith 
go into operation ; but in that case the members thereo* 
shall be personally liable for all debts and undertakings o 
the company. 

16. No company shall become incorporated under thic 
Chapter, or be entitled to the privileges thereof, unless i 
shall go into operation within one year from the filin 
of the declaration first hereinbefore referred to. 

17. Whenever it shall be made to appear to the S 
preme Court or a Judge upon affidavit, by a shareholder 
that such company is insolvent, and that shareholder? 
representing two-thirds of the paid-up capital are desirone 
of winding up the affairs of the company, or that the co 
pany has suspended business for a year, or has not 
menced business within a year after the filine of the sai 
declaration, or upon affidavit of a creditor of the compan 
that his debt is unpaid, that the company is insolvent, an 
that one month's notice of the application has been give 
to the secretary, an order may issue to appoint a receive 
as in ordinary cases of co-partnership, and thereupon th 
whole matter shall be referred to a master, with power t 
cite parties with books and papers to take evidence an 
report ; and if it shall appear that such company is ins 
vent, the Court or a Judge may make calls upon the 
holders to the extent of their liability, for all sums needfsrBi 
for discharging the debts of the company, and the costs ^^i 
winding it up, and may order payment thereof; and m& 
if deemed fit, order all suits pending against the compan 
at or after such application, to be stayed, and may ord^f 
such a distribution of the funds of the company, and maB^^ 
all such further orders for winding up the company, 
may appear just and right, and may dismiss such applio 
tion with or without costs. 

18. No gas or water companies shall be incorpora 
under this Chapter within the City of Halifhx. 

19. Nothing herein shall be construed to contravene 
conflict with any^ enactment of the Legislature of Canac^* 
on the subject of insolvency, or otherwise. 




IB 

it 

g 



18 




s xn.] 



JOINT STOCK COHPANIES. 



aCHEDULE. 



28S 

Chap. 54. 



) it remembered tliat oa this day of , A. D. 

, we the uadersigDed sbareholdera have agreed and 
ved to form oarsolves into a company, to be called 

. — ," according to the provisionB of Chapters 

id 54 of the Revised Statutes, " Of Oeneral Provisions 
acting Corporations," and " Of certain Joint Stook 

panies," for the purpose of ; and we do here- 

eclare that the capital stock of the said company shatl 

dollars, which may be increased from time to 

, to be divided into shares, of the value of 

rs each, and that twenty-five per cent, at least of such 
al atock shall be actually paid op before the said 
>any ahall'go into operation. 

id we the ondersigued stockholders do agree to take 
accept the number of sbaraa set by us opposite onr 
jctive signatures j and we do hereby agree to pay the 
thereon, according to the requireuients of the said 
iter 54, and ot any rules, regulations, or bye-laws of 
»id company, to be made or passed in that behalf. 

id we do hereby appoint to be the place for 

ng the annual and other meetings of the said com- 




284 mcorpobated surbties. [pabt l 

Chap. 55. 

CHAPTER 55. 

OP INCORPORATED SURETIES FOR OFFICERS. 

o?SSiy ^- The Governor may, by Order in Council, direct that 

SfTiSr^'^ted ^^®°®^®^ ^°y public officer is required to give security 
company, Ac. for the duc fulfilment of his duty, or of any obligation 
undertaken towards the Crown, the bond or policy of 
guarantee of any incorporated or joint stock company, in- 
corporated and empowered to become the sureties of pob- 
lie officers in certain cases named by such Order in Council, 
may be accepted as such security, upon such terms as shall 
be determined by the Governor in Council. 
Siy te^ptU 2- Notwithstanding anything in any act of the Legifr 
fromother ttian laturc of this Provinco, passed with respect to benevolent 

pablic officers. •.. t.-ij' ' S i. • i.j' ,*•» 

societies, building societies, or to any incoi^oratea msur- 
ance company, municipal or other corporation, the bonds 
or policies of guarantee of any such assurance society, 
or of any incorporated or joint stock company, formed and 
empowered for like purposes, niay be accepted instead of, 
or in addition to, the bond or security of any officer or 
servant of such institution or corporation, in all suchcas©^ 
where, by the provisions of such act, or of any bye-law ot 
rule of such institution or corporation, such officer ^' 
servant is required to give security, either by himself ^^^ 
by himself or a surety or sureties, and where the parti*^ 
directed or authorized to take such security see fit ^ 
accept the bond or policy of any such assurance socie^/ 
or other like company, and approve the terms and co^' 
ditions thereof ; and all the provisions in any such a^^ 
relating to such security to be given by any such offic^J 
or servant or his sureties shall apply to the bonds aD^ 
policies of guarantee of any such assurance society, o^ 
any other such like company, which may be taken inste*^ 
of, or in substitution for, any existing securities, if tb^ 
parties, directed or authorized as aforesaid see fit; wher^' 
upon such existing securities shall be delivered up to b^ 
cancelled. 



i zil] libbabt associations, etc. 285 

Chap. 56. 
CHAPTER 66. 

OF LIBBART ASSOCIATIONS AND ISSTITDTES. 

A-tij number of persona, not less than ten, having Per«nitntea<i- 
cribed or liolding togethwr not less than one hnndred blSi^bilJSn"' 
irB in money or money's worth, tor the use of their in'J(^J}^^y"„*S'" 
,ed institatioo, may make and ei'gti a doclaratiou in dapuMte. 
icate of their intention to establish a Library Associa- 
, or Institute, or both, as the ca^e may be, at some 
e to be named in such declaration; in which they shall eutunenta id 
Btate : d»unmoo. 

.) The corporate name of the institution. 
!.) The purpose. 

..) The amount of money or money's worth subscribed 
bem respectively, or held together for the use thereof. '■ 

I.) The names of those who are to be the trustees for 
laging its ^fTairs. 

"),) The mode in which their successors are to be ap- 
ited, or new members of the corporation admitted, or in 
ch bye-laws are to be made for such appointment or 
lission, or for any other purpose, or for all purposes ; 

i.) Generally such other particulars and provisions as 
r may think necessary, not being contrary to this Chap- 
or to law. 

One duplicate of such declaration shall be filed in the orw nupiioto 
re of the Registrar of Deeds for the county or district ^JS^^"' 
>ne of the subscribing partios, who shall, before 8uchi'«di. 
[Sstrar, acknowledge the' execution thereof by himself, 

declare the same to have been executed by the other 
ties thereto, either in person or by their altorneys. 
, The Regiittriir shufl keep the duplicate so filed, and Rei^iinrtogi>'e 
ver the other to the porson who filed it, with a certifi-Slvi^fS^ 
I of the same liiiving liuen so filed, and of the execution ''"i^™'*- 
jog been attested before him ; and such duplicate or 

copy thereof cerlifi(?d hysuch Registrar shall be^rim^ 
ie evidence of ilie facts alleged in such declaration and 
Uficate. 

L When the fonndlitius aforesaid have been complied FonoButiw 
it, the persons who si^iiod such declaration, or the direc-m^hin^S'- 
s, Irostees, or the oilii.'u bearers and committee for the b^^m^mSi*! 
IB being of any sucli institution, or united institutions, 
d iheir successors slitill be a body corporate and politic, 
<1 shall have the powers, rights and immunities vested in 
cl) bodies by law; with power to such corporation in 
Bir oorpornte name, from time to time to acquire and 
Id te tWni snd to their successors for the uses of auch 



g-i^ia?" 



286 



LIBBART ASSOCIATIONS, ETC. 



[PABT I. 



Chap. 56. corporation any messuages, landd, tenements or heredita- ^ 

" ments, situate within this Province. 

5. In case of an Institute or Library Association, (or -~^ 



Inoorpomtion of 

judi^tuteor (jQ^jj united) already established or in existence, the direc- — 

already esUb- 
liBlied. 





Extent of pro- 
uert^ held by 
in«titatee in 
towns of 8000 
iahmbitanta. 



la town not hav- 
ing SOOU in- 

lubitants. 





In other caws. 



tors, trustees, or the office-bearers, for the time being may 
make and sign a declaration of their wish or determination 
to become incorporated according to the provisions of thi 
Chapter, stating in such declaration the corporate name 
be assumed by such institution or united institutions ; an 
also with such declaration file, in the manner hereinbefor 
provided, a copy of the constitution and bye-laws of sue 
institution or united institutions ; together with a general' 
statement of the nature and amount of all the property, 
real or personal, held by or in trust for such institution o 
united institutions. 

6. Any Library Association or Institute duly incor- 
porated, and situated in any city or town having thre 
thousand inhabitants or more, may hold real property no 
exceeding in annual value the sum of two thousand dollars^ 

7. Any Library Association, or Institute duly incor — 
porated, and situated in any village or town not havinjs 
three thousand inhabitants, may hold real property no 
exceeding in annual value the sum of one thousand do 
lars. 

8. In cases not mentioned in the two next precedinj^ 
sections, the yearly value of real property to be held b^ 
any such corporation shall never exceed four hundred, 
dollars. 

Affairs of corpo- 9. The affairs of every such corporation shall b<9 
by dSsSowS?* managed by the directors or trustees thereof for the tim© 
being, appointed as lioreinafter, or by any bye-law of th© 
corporation provided, who, or a majority of whom, may ex- 
ercise all the powers of the corporation, and act in its namOv 
and on its behalf, and use its seal, subject always to any 
provisions touching the exercise of such powers in the de- 
claration aforesaid, or in any bye-law of the corporation. 

10. Such trustees or a majority of them may make bye- 
laws binding the members and officers of such corporation, 
and all others who agree to be bound by them, for all pur- 
poses relative to the affairs and business of the corporation ; 
except as to matters touching which it is provided by tha 
declaration that bye laws shall be made in some other 
manner. 

11. The members of every such corporation may, at 
their annual meeting, to be held on the day appointed by » 
bye-law of the corporation, choose from amons themselves 
a president, and may appoint (except it be otherwise pro^ 
vided in the declaration and bye-laws), a librarian, trea* 
surer, secretary, lecturer, and such other officers and 




friifttees. 



Miking of bye- 

1UW!». 



Election of ofB- 
<5ers, ftc. 



rm-B XII.] LIBBABT AflSOCIATlONS, ETC. 287 

servants of the corporation as are reqaired, and when Chap. 56. 

oecoBHary fix and pay thsir remnneration, and may alao 

choose a board of directors and trustees of snch corpor- 
stioo. who shall hold office for one year or such further 
time as may be hereafter limited or permitted. 

12. Afailure to elect trustees on any dayappoloted forBiaotiau oftnu- 
tliat purpose by the declaration or by any bye-laws shall 
xsot cause the dissolution of the corporation; but the 
traatees then in office shall remain in office until their sue- 
O^SBors are elected, which may be (if no other provision 
be made therefor by the declaration or bye-laws) at any 
xneeting of the members ot the corporation, at which a . 
majority of snch members are present, in whatever way 
ench meeting may have been called. 

13. Every such corporation may by its bye-laws impose riae tor oontn- 
& fine, not exceeding fonr dollars, on any member contra.™" * ^^ "■ 
"vening the same, or on any person not being a member of 

the corporation, who has in writing agreed to obey the 
bye-laws for the contravention whereof it is imposed. 

14. Any such fine, if incurred, and any subscription or nocovBryof bdm 
other sum of money which any member may have agreed ti™.'"*^'^ 

. to pay to the corporation for his subscription to the funds 
of the corporation for any certain time, or for the loan of 
»ny book or instrument or the right of entry to the rooms 
of the corporation, or of attending any lectures, or for any 
other privilege or advantage afforded him by such corpora- 
tioQ, may be recovered by the corporation by action in any 
t^nrt Viavmg jarlndiation in civil matters to the amount, 
OQ allegation and proof ot the signature of the defendant 
to 8omo writing by \rhich he has undertaken to pay snch 
inbacription or to obey sucb bye-law, and of the breach of 
inch andertaking, which breach as regards a promise to 
I pay any sum of monay shall be presumed until the con- 
' tery is shown, and aa regards the contravention of any 
' «ch by©-law miiy be proved by the oath of any one credi- 
ble witness. 

15. In any action to which the corporation may be ftjj"j^t"n°' 
I«rty any member or officer of the corporation shall be a memban. omn- 
Mmpetent witness, and a copy of any bye-law bearing the r^?!^^™"' 
lig&atare of the delondant or bearing the seal of the cor-iim. 
'BTBtion and the sigoature of some person purporting to 

Re affixed sncli seil by authority of the corporation, 
\tbe prijna facie evidence of such bye-law. 

t. Any fine incurred may be recovered in like man- ■™''"t<*1'»™- 
*Ha subscription or other sum of money ; and all fines 
' Wrteevered shall belong to the corporation for the use 
ftereof. SS*?^"™!!*^ 

n. Any such corporation may if so stated in the i™(it"t» ud ii- 
W»clarRtion bo at the same time an Institote and Library uSi?'"™'^ 



^. 



288 MUNlCIPAUTIEfl. [PART I. 



Thap 57 Association or either of them, and their business shalLtf^ 4 

V : — accordingly be the ordinary and usual business of a Librarv"-^^-- 

and Scientific Institute or of a Library Association, or both^ 
as the case may be, for the proper and convenient carryinj_ 
on of such business or objects, and their funds and pro< 
perty shall be appropriated and used for purposes legitf 
mately appertaining to such business and objects, and fo 
no other. 




TITLE XIII. 



CHAPTER 57. 

OP MUNICIPALITIES. 

Desire to be in- 1. Any couutv may have the benefit of municipi^^' **} 

t2!tiflSrAc.*^°'' government ; and the desire of a county to be incorporate ^^^ 
hereunder shall be ascertained and testified in mannQ^^^^^*^ 
following : 

Meeting. If oue hundred persons, certified by two justices of th» -^® 

peace to be freeholders, shall present a requisition to th^ -^^ 
Sheriff to that effect, he shall name a day and place fo' ^^^^ 
holding simultaneously a meeting in each electoral distrie ^^ 
in the county, and shall appoint a presiding officer anc^^ 
clerk of each district ; of which meeting notice ten day^ * 
previously shall be given in three of the most publi^^^ 
places of each district, by printed handbills with a copy ot^ * 
the petition affixed, sotting forth the object. 

The Sheriff and presiding officers shall, at the time an 
place appointed in each electoral district, convene 

Votes. meeting and receive the votes for or against the coaat 

incorporation, to be given by the persons present qualifie 
to vote for members of Assemhly, resident within the di 
trict, the names of which voters and their votes the cler! 
shall take down in writing. 

Meetings, when The meetings shall be held from nine o'clock in th»^ ® 

open. morning till three o'clock in the afternoon, when th»^ ® 

meetings shall be closed, and the presiding officer aha' " 
seal up the list of voters, and their votes, and return th— — * 
same to the Sheriff. 

Beturn. The retum shall be publicly opened and counted by th- 

Sheriff in the presence of the Clerk of the Peace, on a da 
and at a place to be previously appointed, and a major! 
of the whole votes shall decide the question. 



L... .-J 



TI,V Xin.] VUMICIPiLITIES. 289 

The Sberiff uhMI return the reanit to the Governor in Chap. 57. 
:>Dnci]; if in favor of incorporation, tlie Governor by ^u^7h™' ~ 
■oclamation xball declare the county to be incorporated •m»i bp™- 
ider thia Chapter ; unless just grounds to impngn tbe 
gality and tairness of the proceedings shall be shewn to 
e BAtisfaction of tbe Governor in Council ; in which case 
le proclamation may be witliheM until examination into 
te legality of proceedings can he had, and the Governor 
I Council eball ultimately decide accordingly as tbe regit- 
rity and fairness of the proceedings or the reverse sUnl! 
e established. 

Tbe Slier iff shall receive eight dollars, the presiding '«■. 
Scere two dollars each, and the clerks one dollar each, in 
ill for their services, to be paid by the county or district. 

The proceedings may be renewed at any period not loss Fr««HUii)(E. 
mu twelve months from any rejection of incorporation. ''''^'™"™'" 

2. The inhabitants of every county incorporated nndercouDtr incorpo- 
lis Chapter shall be a body corporate, under the name of* ' 

le Mflnicipality of , and shall have perpetual 

iccession and a common seal, with power to break, renew 
r alter such seal at pleasure, and shall be capable of 
ling and being sued, of pleading and being impleaded in 
1 courts and places whatsoever, of purchasing, acquiring 
id holding lands and tenements and other real and per- 
>Dal property within such municipality, for the use of the 
ibabitants thereof in their corporate capacity, and of 
inking and entering into such contracts as may be neces- 
irjr for tha exercise of their corporate functions ; and the 
awen of the corporation shall be exercised by and 
trongh and in the name of the municipal council of such 
jDnty. 

3. The council shall consist of a warden and council- ^ujdi.wtut to 
re 4 the warden to serve for oiio year, and the councillors 

^ar tbe first election for two years, and until their suc- 
luors ahjill be sworn into ollice. 

4. The first election of councillors shall be held on the Time of si«- 
lird Tuesday of November, and shall be conducted by"""' 

le SberiS* and persons named by him ; all succeeding 
atieral elections shall be held on the third Tuesday of 
November in each year, and shall be conducted by preside 
igofficers named by the councils. 

The elections shall take place io and for each of the °^^^^^m. 
Ivotoral districts laid oO* lor the election of members to oition ntamod. 
erve in General Assembly ; anti oach district shall retnra 
iWo councillors, except when otlierwise provided in the 
Schodula A. hereto annexed ; luid the election shall take 
{•lace in and for the several districts comprised in that 
t^be-iule M therein directed, in the same manner as it the 

aii Seiwdiile were incorporated in this Chapter. 






C9D-W MUNICIPALITIIS. [PABT I. 

Chap. 57. For ^1^® purposes of this Chapter the districts of Saini 

wiiat dirtricto Mary's, in the county of Ouysborough, and Barrington iii 

to b<- ooiwidered the count\' of Shelbume, the township of Clare, in the 

counties. couiity of Di'gby, and the township of Argyle, in the conn 

of Yarmouth, shall be treated as separate counties and ii 

corporated accordingly. And the court houses at Banr 

ringtoU; Sherbrooke, Tusket and Clare, shall be used a 

county court houses in those districts respectively for th» 

purposes of this Chapter. 

iroti«^of eiec^ 6. It shall be the duty of the SheriflF in the case of th 

rtffk«kr^*^*°*^ first oIecti(»n, and of the presiding officers in future eh 

tions, to give at least ten days public notice, in writing, 

the times and places of holding the election, and post th 

same in three of the most public places in each districj 

and the Sheriff and persons appointed by him shall presii 

at such first election, and persons appointed by the counc 

shall preside at future elections. 

^'otin-s, how It shall be the duty of the municipality clerk to aoppi ^ ^h 

'*"***'* ' the presiding officers with the notices after the first eie» -^sc 

tion. 
Di\iiiioDofeouii- 6. Soou aftcr the first election the councillors shall Ijr M)e 
* ' ^"' divided by the council into two sections, to be distingpiaho^*-""^" 

by lot number one and two, the members of which begi^ n- 
ning with section number one shall go out of office in eac-'^^^h 
alternate year. In forming these sections the councillor rs 
for districts returning two or more shall be apportions 
between the sections. 

oiTwnciiiJS^" '^* ^" ^'*® third Tuesday of November, in the year ne: 

<M'npoAiiii; each foUowiug that in which the first election shall be bad, ai 

«wt.on. ^^ ^jj^ same day in each succeeding year, an election aha^i—" 

be held ot the councillors in one section, beginning wit^^^— '^ 

number one, and proceeding in all future annual electiocrr:3» 

in regular alternation : the members returned at ea(^^b 

election shall be entered on the list of the section previoti^ 

ly occupied by the members then vacating office : counc: 

lors going out of office may be re-elected. 

Ei«<tion, how 8. Klvery election shall commence at nine o'clock iq 

morning. No candidate shall be proposed after twel^ 

o'clock ; at any time after that hour the poll may bo 

by proclamation if no vote be polled within the hour, ai 

the poll shall not be continued later than five o'clock in tl 

afternoon. At the close of the poll the presiding 

shall proceed, publicly, to declare the number of 

given for each candidate, and shall proclaim the pers- -^^^ 

having the majority of votes to be duly elected, and so ^ 

mon him to attend on the second Tuesday of Decemb^^'^'' 

following, at the county court house. 

CMtiogvote. If there shall bo an equal number of votes, the presidi 

oiEcer shall give a casting vote, and so determino U 

election. 








TLB Xm.] wnnCIPALITIBS. 291 

Tht) preatditiK officer and his clerk shall then aod there Chap. 57. 

iblioly AQbBcribe the poll list and seal up the same, and p„„,j^;j^ — 

e presiding officer, witliin two days after the close of ''^s'^Jj'""* 

ection, under the penalty of four dollars for each day'a 

ilay thereafter, shall make retarn in writing ot the couq- 

llors elected, together with the poll list, the seitld having 

len onbroken, at tbe fir^t election to the SberiEF, and at 

bsequHDt elections to the municipality clerk: and sach 

ill Hat, after having been published as hereinafter provided, 

all be open to the inspection of every member of the 

Tporatiun. 

9- The proclamation and eummons of the presiding zrot^aeuoaiui- 

Scer shall be notice to every councillor elect, present in ""■ 

ireon or by an authorized agent or clerk: councillors 

ect, not so present, shall be immediately after the elec- 

>D, notified and summoned by tbe presiding officer. 

10. Before the presiding officer shall allow any votes to PrwiaingoiB. 

) polled, be, and the clerk he may employ, shall take tliet^t^^. ""'" 
(th in the schedule annexed before a justice of the peace 
- two electors, and tiiey shall certify such oath in the poll 
>ok for tbo election. 

11. No person shall vote except in the district in which Biecwr, when 
3 roaides. ujvom. 

12. Municipal electors shall have the same qualification, BiMtar,qn*UB- 
id be liable to tbe same objections, questions and oaths,'*""' *"' 

. electors for members of Assembly shall at the time by 
w be required to have, and be subject to ; and the objec- 
}Ds shall be taken and questions and oaths put and 
liniaiatered as tbe law regulating elections of members 
' Assembly shall require. 
18. No person shall be qualified to be elected or serve o 

caanciUur who sliall nut iit the time of the election be '^ 
iftsea8e<l of tbe samo qoiilifi cations a? are required in tbe 
me of members o( tiie House of Asitembly. 
14. None of the fullowing persons shall be elected a J^ 
laaoillor, or lie appointed to office by any council ; nor 
■It any person continue to act as conncillor, or bold any 
B6e coder a municipal couacil, after becoming one ot the 
vnoxss disqualified as follows : 

L Persons Id holy orders, or ministers or teachers of 
ly religiou.-^ sect or dtsnominattou; but this restrictioa 
mX\ not extend to school commissioners. 

IL Tbe Sheriff. 

III. Any person having a contract, or share or interact 
lacontract with the municipality. 

IV, Any porson receiviuf; a pecuniary allowance from 
bfl mtiDicipality (or his services in any office other than 
bst<^ mrdon or councillor 



292 



ICUKICIPALITIES. 



[part I. 



Hetam of votes 
for warden. 

How elected. 



Chap. 57. 15- The following persoDS shall be exempt from being 
Persona exempt- dl^cted councillor OF Serving in any municipal office, unless 
•d- with their own consent. 

I. Justices ot superior courts and of probate. 

II. Members of the Executive and Legislative Councils, 
members of the House of Assembly, schoolmasters ac- 
tually engaged in teaching ; any miller who shall be the 
only one employed in a mill ; persons more than sixty 
years of age. 

III. Persons who have served as councillors or in any 
municipality office, or paid the penalty tor refusing, shalL 
be exempt during the four years next after such service or- 
refusal. 

Warden, quaiifl- 16. At oach annual election, including the first, th 
** °° * electors may vote for a warden from among the body o 

inhabitants resident within the municipality, and qualifie 
as is required for a councillor ; and the Sheriff, at the firs 
eloption, and at subsequent elections the presiding officers 
shall return under seal the votes given for warden in eacl 
district, when they make return oi the councillors elected 

17. On the first meeting of the council following each 
annual election, the council shall ascertain the votes give 
for warden in all the districts ; and an^ one person havin 
a majority of the whole number of votes given for warde 
shall be warden for that year ; and he shall take the oath 
of office, and al^o, if he shall not be a councillor already — 
sworn in, the oath of qualification, bud shall have all th^ 
authority of a councillor while warden, and be liable to a^ 
like fine for non-acceptance of office, or not qualifying. 

18. In case no person shall have a majority of th^ 
whole votes given for warden, or being so elected shall no^ 
qualify and serve, the council shall choose by a majority^ 
of votes from among themselves or from among the inhab^ 
itants, at their discretion, a warden duly qualified. 

19. The warden shall hold office for one year, and. 
thereafter until his successor be appointed, but he may b^ 
re-elected. Whenever a vacancy occurs during the terim 
of office, by death, resignation or otherwise, the coonciE 
shall, at its first meeting thereafter, proceed to elect ^ 
warden for the remainder of the term ; during the tero^-^ 
porary absence of the warden, his place may be filled by i^ 
chairman for the time being, with all the authority of th^ 
warden, chosen by the members present. 

ft'deSufn^*^*" 20. The presiding officer, at an election of councillors^ 
power of. ' during the time of such election, shall be a conservator o 
the peace, and shall be invested with the same powers fur^ 
the preservation of the peace, the apprehension, committal^ 
holding to bail for trial, or trying or convicting offenderfl^ 
as are vested in justices of the peace in this Province ; andl 







In case no ma- 
jority, or war- 
den not quali- 
fied. 



Duration of of- 
fice. 



When vacancy 
occurs. 



TITLE Xni.] UDHICIFALITIBS. 293 

for the parpoee of prdsorTinB* peace aod good order, all Chap. 57. 
jaaticea of the peace residing m the district shall attend at 
the election, upon being notified in writing by the presi- 
diog officer ; and anch officer may command the assi|tance 
of all justices, constables and otlier persons present at the 
election, and may swear in as many special constables as 
he thinks fit : ho may commit any person — for a breach of 
the peace, or for molesting or threatening any elector, at 
or coming to, or retnrning from, the election, or for any vio- 
lation of good order — to the custody of any constable or 
~jl>enon present, on view, for such time as he deems expe- 
dient ; or may, by writing under his hand, commit the of- 
fender to the common jail of the county for any period not 
•exceeding ten dnys ; and any justice of the peace or other 
^jMrson preetent at the election who shall neglect to aid or 
.^■ssiat the presiding officer daring snch election, wheu re- 
-^qnested by him. shall be deemed guilty of a misdemeanor, 
^nd be punished accordingly. 

21. No person who may be elected a councillor shall CoDDniiianmui 
^Bct in that capacity until he shall have taken and sub-k^Iaca!" 

scribed, before a justice of the peace for tho county, or the 
^Sheriff, in the case of ttie first election, and in case of sub- 
^seqnent elections, before the warden or municipality clerk, 
"Vhe oath of allegiance to Her Majesty, and also tho oath of 
office and qualification. Such oath shall be taken and 
^abacribed by each councillor, duly qualified, at the first 
Yneeting of the council after his election, or otherwise 
>rithin ten days after notice of his election; and, in de- 
':&alt thereof, such person shall be deemed to have refused 
to accept tho office of councillor, and shall be liable to pay 
"the monicipality clerk such fine, not exceeding forty dol- 
lara, nur less than twenty doUara, as the bye-laws of the 
voancil shall prescribe ; provided that no person elected a sismption 
«oaDcillor shall be aubject to a penalty for not taking the "'""*°"^' 
veqnired oatlis if lie l)e not qualified, which fact he shall 
Ije required to verify on his own oath, before a jastice of 
Ahe peace on first oleotion, and before the warden or mnni- 
oipality clerk on stibrieqnent elections. 

22. In case of the death or resienation of any council- ^*«^'>'™''- 
■ «r, or niK permartunt absence Irom the municipality, or noucv. 
a^bseDCB for tnoru tlinn six months, or incapacity after eleo- 

~ "~ loo, or reftistii to accept office, or neglect to be sworn, the 

etrdoD of the county shall issue a warrant, under his hand 

dma), to the presiding officer, requiring him to call a 

_ iAIio meeting in tlia district to elect some other peraoa 

'to fill the vacancy, and such election shall be conducted in 

themauoer prescribed in this Chapter for holding eleo- 

"t^QS; but no warrant shall issue for an election to supply 

L*v{ioaocy within throe months before the anaaal eleoUon. 




294 MUNICIPAUTIES. [PABT I. 

Chap. 57. ^3. On tho second Tuesday of December, after the first 

Q^gj^jji^tjjjn ^ election, the SheriflF and the councillors elect shall meet at 

oouncu. the county court house ; and the Sheriff, having produced 

tho 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 organized and proceed to business. 

Time of meeting 24. On the secoud Tuesday of December, after the an- 

lifter uTSi VGAT 

nual elections in all subsequent years, the municipal conn- 
oil 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 couDcil-- 
lors elect shall be sworn into office. 

Qaoram. 25. A majority of the council shall be a quorum for the - 

transaction of business. A smaller number may adjoam 

iLT- >^-«««, from time to time, and absent members may be compelle 

Membenoom- » 1.1*1** 

peiiedto attend, to attend uuder such penalties as may be provided by by 
Qaestians* how law of the couHcil. All qucstious arising in the connci 
^^^^' shall be decided by a majority of votes ; and the warde 

or temporary chairman shall have a right to vote. 
Number of 26. There shall be two established meetings ot the 

oidf y«u>!° council in each year : the first, herein designated the an- 
nual meeting, shall be held at the county court-house oa 
the second Tuesday of December ; the second, hereia 
designated the half-yearly meeting, shall be held at such 
place as the council may appoint, (^n the last Tuesday o£^ 
April. 
Extra meetings, 27. Bosides such regular meetings, the council may 
notice of. 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 council ; 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. 
Clerk and trea- ' 28. Each council shall appoint a clerk and a treasurer, 
rarer.appoint- ^j^^ gj^^n 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 
performance thereof. 
Duty of clerk. 29. The general duty of the clerk shall be to record in 
a book all the proceedings of the corporation, make regu- 
lar entries of all resolutions and decisions, and if required 
by any member present, to enter the votes as given, and 



TiTLB zm.] mnnciPALiTna. 395 

to preserve and file all accoants, aod to keep tbe books, Chap. 57. 

records and acconnts of the oorporation, wbioli shall be 

-open, withont fee or reward, to ttie inspection of all per- 
sons at all aeaaonable times and Iioiira. 

30. The treasurer aliallbe appointed annually. It shall Dutjotu**- 
lie the duty of the troupuror to receive and safely keep all 
snoneye belonging to the municipality, or which he shall 

M>e appointed to receive, and keep and pay out the same to 
^ucli pertionB and in aoch mnnner as he shall be directed 
'Mo do by any lawful order of the municipal corporation, or 
^)y any law of the Province, and strictly to conform to and 
■^obey any euch law or any bye-law lawfully made by any 
asach municipal corporation, and faithfully to perform all 
^^Dcb duties as may be assigned to him by any such law or 
Vbye-law ; and every treasurer shall annually give such 
-^security for the faithful performance of the duties of liis 
■^CDffice, and more especially for the due accounting for, and 
;^K>aying over all moneys which shall come into nis handa 
^tiv virtue of hU office, as the municipal corporation by 
~^nrhich he wan appointed shall direct. 

31. The council shall make suchbyo-lawsor regulations Connciihi nuke 
^as to the duration of the office of the clerk, as to them shall I^o7','o1he!' 

^seem fit. 

32. The council shall make such bye-laws or regula-Fimsutoam* 
-•ions aa to the number of offices to be held by one'^"'''"'*^*"- 

yereou, as to the holding of offices by partners of munici- 
f»lity officers, and as to officers having an interest in any 
^vork undertaken tor the mnnicipality, aa to them shall 
«eem fit. 

33. A warden or councillor may resign his office at any RMigutioD iDd 
time by a declaration to that effect nnder his hand, and on "'"'' 
pajmeot of a fine of forty dollars. 

The warden or councillor elected to fill an occasional DaRKonorafflM 
'vscancy, shall hold office for the residue of the term of the "' ""*"' **■ 
person whom he succeeds, and no longer ; but he shall be 
capable of re-election if qualified. 

34. The council shall have power to make, and from FbTDution oi 
a to time alter, such rules and regulations as may be'^"''**^ 
^nUiCe for tho conduct and good order of their proceed- 

,t, and sncb bye-lnws touching any matters within their 

ihority as they may judge proper. 

16. The council at their first meeting in eachyear, eras AndUon, «»- 

in after US practicable, shall appoint two persons to be ^'.° {wfnS| '*^ 
ibK auditors. No person shall be appointed auditor 
9 IB a member of the municipality council or one of the 

icora, or who w)i» a councillor or officer at any time within 

,enr previously, or who shall, directly or indirectly, by 
'■'Qiself or partner, have any share or interest in any con- 
*~~ict with the municipality council, or any employment . 



r 



29$ MUNICIPALITIB3. ^ [PABT I. 

Chap. 57. tiQcler tbem. No municipality auditor shall act as eucb 
unless he shall have tlie qualification required for a coan- 
cillor, and slmll have previously made and subscribed the 
oath of office and qualification. 
Auditors; duty 36. It shail be the duty of the municipality auditors to 
^^' examine and audit the accounts of the treasurer, and aU 

other accounts of the council or corporation, or in which 
the municipality is concerned ; and it shall be the duty of 
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. ^^jj j-^^. ^jj j^Q^j^g ^^^jj vouchers 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 by the municipality auditors ; 
and all audited accounts shall be open at all reasonable 
times to the inspection of any elector of the municipmlily. 
saUries of wur- 38. The Warden and councillors shall be paid, that is to 
cittow!*^ **"°" say : the warden by a salary to be established by the coun- 
cil, and the councillors according to their actual attend- 
ance, at such rute as the council by bye-laws shall deter- 
mine, not to exceed one dollar per day, and travel at the 
rate of five c«nts going and returning per mile. 
Attendanoe. 39. The clcrk shall keep an exact account of the attend- 

ance of councillors at every meeting. 
Fine for nonat- 40. The Warden and councillors shall respectively be 
tendance. liable to sucli fiiies for non-attendance or other neglects, 

as the council by bye-laws may appoint, of which the clerk 
shall keep a cori-ect account ; nor shall any of them be 
authorized to receive any payment for salary or fees until 
such fines as may stand against them are deducted. < 
Vote for the 41. On the first meeting of the council, after each an* 

pror. overseers, jj^j^| ©lection, or as soou after as may be convenient, the 
council shall vote for each poor district the sum they shall 
judge necessary for the support of the poor in that district 
and the purposes enumerated in Chapter 33 '' Of the Settle- 
ment and Support of the Poor," and shall appoint overseers 
of the poor for the existing poor districts, until such exist- 
ing poor districts shall be altered by the council, which 
districts they have power from time to time to alter, if 
thev shall see fit to do so. 
cottncii to exer- 42. The overscors of the poor shall account to the 
^ndii^°"iii?' council instead of the sessions; and the council shall ex- 
Hipn8,ic.,iU ercise the functions ffiven by such Chapter 33 to the frraod 

Riven by chap- . ^ ^. jij-i 'j 

ten 33 and 34. jury^ towu mcctmgs and general and special sessions, and 
to the sessions by Chapters 33 and 34, and shall hear and 
determine appeals, and in all particulars shall carry out the 
objects of those Chapters as nearly in conformity with the 
mode thereby directed as shall be consistent with this 
Chapter and the incorporation thereunder. 



TLB xra-j mjjnciPALmiB. 297 

43. In the exercixe of the fnnotiooa, and the carrying Chap. 57. 
at of the ohjecta stated in the next preceding section, oommiueM, tor- 
:id also in any other matters exohisively relating to town- oution ot. ' 
lipa or special districts, and which have heretofore been 

anaged by township or district ofBcei'^, and under town- 
kip or district nathority, the mnntcipaltty mny appoint, 
<r carrying into effect and managing the samo, committees 
~ their own body, comprising couneillora retnrned from 
ich townships or districts, which committees may meet 
am time to time, and shall specially attend to and regulate 
le affairs of those townships or districts under the super- 
ieion, direction and control of the council, and anbject to 
leir orders and revision, and liable to be superseded at 
leir pleasure. 

44. The manicipalities may vote, assess, collect, receive, power of mnni- 
ppropriate, and pay, whatever moneys are required for"''^"'"' 
arposes named in the twenty-Grst Chapter, and shall have 

n the powers and authority which, when this Chapter 
hall go into operation, may bo possessed by the grand 
ury and sessions under that Chapter, and shall carry out 
[he objects of that Chapter as nearly in conformity with 
themodt) it directs as shall be consistent with this Chapter 
uid the incorporation thereunder. 

45. The manicipalities, for raising the moneys required Appointiment ot 
under such thirty-third and twenty-first Chapters, and "«•»"- 
*!iich may be required for any other township, district or 

coQDty purposes, shall at the annual mooting in December, 

Ippoiut a suitable number of assessors and collectors, and 

prescribe their duties and allot their limits within which 

titact Casual vacancies shall be filled by the council, if ouuai n<an- 

tBch vacancies occur within a month before either regular ''*''''"'''*'■ 

meeting of tho council, otherwise by the councillors for 

Uie eluctunil district or districts within which the assessors 

W collectors were limited to act. 

46. The treasurer, overiieers of the poor, assessors, ijo^uomj^,, 
nllectors, and other officers whose term of office is not ^7 ^^i^^^^'^^' 
this Chapter, or shall not be by bye-law of the corporation 
atWwise determined, shall hold office from t!ie time of 

Uuir appointment, or from tbe time by the council fixed 
(arita commencement, until the first annual meeting in 
December next after, or until their successors be appointed. 

47. The municipal iinancial year shall end on the Knuouijair. 
thirtieth day of November ; and all accounts of the several ***" •"'^^ 
officers, and of the miuiicipality, shall be audited, eX' 

UDiaeil, determined upon, and passed, as far as possible, 
at the iirrit annual meeting in December. 

48. At the iialf-yearly meuting in April the road moneys boui moaara, 
^Dted by the Legislature shall be apportioned to the ex- '""'^'"'™"^- 
ast and uf oa the principles which the Legislature may 





298 MUNICIPALITIBB. [PART 1, 

Chap. 57. froni time to time direct and approve ; commissioners 
Appointment of *^® expenditure thereof shall be appointed, and any otl 
commissionerB. appointments and business attended to. 
Approprifttion 49. At the samo meeting the council shall transmit 
ll^c«rtfl^!° ^^^ Provincial Secretary a full and exact list of the app 
priation of the road moneys granted by the Legislatu 
with the commissioners* names. 
commi8!(ionen. 50. The Commissioners shall lay out the money fl^vd 
duties of. make account of the expenditure, as the law now does, or 

hereafter may require ; but their accounts, instead of bei ng 
attested before ajustice of the peace, shall be audited a.K]d 
sworn to before a councillor resident in the district wh^re 
the work may be performed, or, if none shall be resident 
therein, a councillor resident in an adjacent district ; Aod 
such councillor shall certify the account as approved under 
his hand. The commissioners shall draw for the money, 
and their accounts shall be audited and paid at the Pro via. 
cial Secretary's and Treasurer's offices, as is now done. 
Acoountof com- 51. The Commissioners shall immediately return a da. 
misaonen. plicate of their account to the municipality clerk; and the 
council shall, at the annual meeting in December, ezamioe 
these accounts, and return a full abstract to the Provincial 
Secretary. 
Account, further 52. If any occasiou shall induce the council to judge a 
examna n o. f^.j^jj^j, examination of any account to be necessary, tbey 
shall refer the same to the municipality auditors, to whom 
the commissioners shall make explanations ; and the aadi- 
tors shall report thereon to the council before the half- 
yearly meeting in April. 
School commis- 53. The council shall appoint a board or boards of 
d«new, appoint- gQ^QQi commissioners in place of the boards which may be 

acting at the time this Chapter shall go into operation ; the | 
members severally to hold office during the pleasure of 
the council. The board of school commissioners shall ap- 
point their own clerk, and, in addition to the returns 
required by law, shall make a full account of their appro- 
priations. expenditures and proceedings to the municipal- 
ity 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 
thereonjto the council atj their next general meeting; and 
the council shall examine and adjudicate on the same. 
Munidpaiity 54. Each municipality shall have authority for the 
EouSe^c.**"^ purchase, 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 
superintendence and management of all the property of 
the municipality, and for the erection, preservation and 






iM xm.] ximioiPALmEB. 299 

>air of the tDnnicipality coart house, jail, look-ap hoase, Chap. 57. 
Tn hall, and ell other buildings required by or being 
OD aD7 land belonging to the tnnnicipality as a corpora- 
n ; and shall have and possess all powers given to the 
wioDB by the twenty-third Chapter; and the protection, 
re and management of municipality property, and the 
ie, powers and authority of the grand jury, seasiona and 
iBtees, nnder the fifty-eighth Chapter. 

55. The municipal conncils shall appoint a sufficient Foaadkoepen, 
mber of pound keepers, fence viewerc, overseers of the to!"[^S^t 
rhwaye, road surveyors, and of such and so many officers S^"^'/™' 
may be necessary for carrying into effect any of the pro- 
lioDBol this Chapter, or of any act oi the Legislature, 
Deeming any of the subjects placed nndor the jtirisdic- 
>o of the canncils, or ot any bye-law of the municipality ; 
d in like manner to displace any of them and appoint 
lers in their room, and to add to or diminish the number 
tbem as often as the corporation shall see fit, and to 
gnlate their powers and the limits wherein they sliall be 
srcised ; and shall regulate and prescribe the duties of 
'. officers acting under the authority of the corporation, 
i the penalties of their making default in the pertorm- 
ce of such duties, and shall settle the remuneration of 
' soch officers, in all cases where the same is not nettled 
'set of the Legislature, and the providing for the payment 
the remnneration which, by act ot the Legislature, or by 
) bye-)awa of the monioipality, may be provided for 
ch officers; and shall regulate the bonds, recognizanoes 
other securities to be given by snch officers for the 
thiul discharge of their duties; the peualties for refua- 
fto ser\'e in any office, and For the tufringement of any 
*-law of the mnnicipality. 

iC The municipal corporation shall have the appoint- ■m'^o' bwiu, 
at of health officers, health wardens, and health inspec- '^ ''™ 
9^ and a board of health, with the authority and powers 
W to justices in general ar special aessions by the 
Hlty-ninth and thirtieth Chapters. 

iT. The muQictpnl corporation shall also make regiila-BiudBaimEb. 
m for protection agninst rabid animals, and the des- 
i^a of noxious animalti, and tor exercising the author- 
Mid powers given to justices in general and special 
metis by the thirty-first and seventy-fourth Chapters; 
a for the preservation of useful birds and animals, and PreHmtion o( 
iregnlation and protoctiou of the river fisheries, and for SwT'"'* '^*' 
Brcising the powers and authority of general and special 
isions under the seventy-third Chapter and under Chap- 
' SS of the JBeviaed Statutes, Third Series. 



.00 HUNICIPALITIBS. 



L*- 




uHAP. 67. 68. Also for prevoDting damage by Betting fire \k 
Betting fire to woods, feilod troos, underbrnsh, and on bopf and mare^ 
jjro^jTemoving lands ; also, for removing obslrnctions from rivers, and f < 
from rivm, Ac. regulating the bringing down of logs, timber and lami 
on rivers, and for exercising the powers of the grand ji 
and sessions under the sixty-sixth Chapter. . 
Fires, regaia- 59. The council shail make orders for the prevents ^ 
flramenlft^^^and Suppression of fires, regulating stoves, stove pip>4i 
pointmentof. Q^es, furnacos, ovens, and the safe keeping of ashes, (^^ i 
shall appoint firewards, firemen, fire constables, and eng mi 
men, and shall exercise the authority and power? of "fct 
general and special sessions under the sixty-second Cboi 
ter, and shall make orders for the prevention of the %ji 
necessary and wanton discharge of fire arms and fire wok*]u 
conodi to have 60. Also, the municipal coun«;il shall have the po^^er 
S^ to^lSil^ given to general or special sessions under, and shall rawkke 
chl!S«?**^ orders for carrying into effect, the sixty-seventh, the sixty, 
eighth, the sixty-ninth, the seventieth, the seventy-firrt, 
and the seventy-second Chapters ; and so much of the one 
hundred and forty-seventh Chapter of the Revised Statutes, 
(Third Series,) 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 sixty-seventh Chapter to 
^^iSSS!' ^^^"^ be performed by the clerk of the licenses and by justices 
of the peace, shall be done by the clerk of the corporation 
and two councillors. Unless otherwise ordered by any bye- 
law or order of the council. 

to ^^' "^^^^ *^^^ required in the sixty-eighth Chapter to be 

«ierk, how'^r- performed by the town clerk, shall be done by any oflScer 
formed. ^^ porson authorized by the council; and a municipal coun- 

cillor shall exercise concurrent authority with a justice o' 
the peace under that Chapter. 
ciupteni59,i6o 63. This Chapter shall not interfere with nor afiect tb 
SrieLTnTaf-*^ jurisdiction Created under the one hundred and fifly-nint 
fected. QQQ hundred and sixtieth, and one hundred and six' 

second Chapters of the Third Series of the Revif 
Statutes. 
Warden to hAve 64. The Warden while in office shall ex^fficio b 
JaJtioeoT^tur justico of the pcaco in and for the county, and shall h 
****** within the municipality all the powers and jurisdictioi 

well civil as criminal, which belong to that office ; an 
well the warden as in his absence any councillor 
have power to administer oaths and affirmations con 
ing accounts, and other matters which shall be subir 
to the corporation, or shall concern the same. 
Grand jury and 65. The grand jury and sessions, or the justic 
J^Sred'to meS. scssiou, either general or special, shall not be reqoi 
meet for any purpose for which, by law, they an 
required to meet in any municipality ; but nothing 



f. 



B Xm.] UDKICIPAL1TIGB. 301 

}ter shall be conatraecl to take from justices of the Chap. S7. 

e their power as cooaervatora of the peace, or to ira- Poworotfiutioe. 

or abridge the criminal juriadiction thoy posBsss by ^^^S^""" 

sou or statute law, or their authority over oGTuncos 

tking of a criminal nature given by any law of this 

'iiice or of the Dominion of Canada, nor the power to 

iDister oaths, nor any power belonging to the office of 

ce of the peace, which is not taken away by this 

pter, either ezpresHly or by necessary implication. 

i. The powers and antbority of the council shall also iWaruni 

nd to the following objects : ' '.lu^!' 

The laying out of new roads, aud the making, main- ittadi. 
Ing, or improving of any new or existing road or street, 
>r stopping np, altering, or diverting the same, not 
a great road, subject however to the provisions of 

aw, and the roBtrictions and protection to private 
ta contained in the forty-foarth chapter, and subject to 

rights of the Grown and the Province in public 
()erty, 

1. The appropriating and apportioning road money Scwd maHy. 
nted by the Legislature, to be laid out in the munici- 
ty by the municipal authority, and appointing com- ■ " 

aioners for its expenditure, and the accounting therefor 
be government. 

[L The directing and enforcing the performance of stitnieiit»r. 
nte or highway labor, anil tho expenditure of the com- 
»tioD money for highway labor and all the powers of 
sessions and of the jnsticoa of the peace under the 
y-sixth Chapter ; and the returns therein dirocted shall 
nsde to the council or their clerk, or as the council 
* order, 

T. The division ot the municipality into road districts, B«d diMncta, 
the appointment of a superintendent of roada in each '^'*""'*"- 
i such povvura as riigarda the roadtr and bridges, and 
axpenditure of provincial and municipality money, And 
Dte labor therein, aa the council shall see 6t to confer; 
the erection, preservation, and repair of any new or 
ting bridges; tlii3 protection of timber, stone, sand or 
td, or any appropriation for roads or other public 
IMrly, and the h^Iq uf bucIi timber and other articles. 
'. The enpport of Llio poor by municipality, township, Poor. 
listrict organization, and the erection and maintenance 
luntcipality, towneliip, or district poor houses. 
I. Tne making onlors for carrying into effect the law, intaiiutiBg 
t may from time to time exist, concerning the manufac- "1"°^ 
I, importation, aud sale of intoxicating liquor, and the 
riding payment for expenses that may be incurred in 
tioD to that object. 



302 



MUNICIPALITIES. 



[PAKE 1. 



Chap. 57. 

Ferries, 
whan'es, &c. 

Asseaiaient. 



Collection of 
asaessment. 

Proriso, 



Onitracts. 



Salaries of offi- 
cers. 



Returns of asses- 
Hors ; expenses 
of elections. 



Presidinff offl- 
ccr:i at elections. 



Contested elec- 
tions. 



Prevention of 
vice. 



VII. The regulating ferries, pnblic wharves and UckA- 
ings, and the establishment and regulation of market 
and fairs. 

VIII. The providing means for defraying snch expen 
connected with the administration of justice as require 
be defrayed out of the municipality funds ; the providL 
for the establishment and support of schools and hospita 
and the erection of school-houses and hospitals, the raisi 
assessing, levying, and appropriating all moneys that 
be requisite for carrying into effect the objects for wh 
the council are empowered to act or to make bye-la 
such moneys to bo raised by rates to be assessed on 
and personal property, or the owners or occupiers ther^^oi 

IX. The collection and accounting for, of all tolls, ra*^^^ 
and assessments of the municipality revenues: but no 
moneys shall be voted, nor any salaries determined up^co, 
except at one of the two regular meetings, or an adjoaro- 
ment thereof, unless the public service may requiro a 
deviation from this rule ; in such cases, as also in cases of 
adjourned meetings, every member of the council shi/J 
have notice of the meeting and its objects. 

X. The making of all contracts relative to matters un- 
der their control, which contracts, after having been duly 
considered by the council, shall be signed by the warden, 
and countersigned by the county clerk. 

XL The determining what officers it may be expe- 
dient to pay; fixing the amount of the salaries, fees, and 
remuneration, where not fixed by this Chapter, and the 
time and mode of paying them. 

XII. The returns of assessors and collectors, with a view 
to the general business of the municipality. The expense 
of municipal elections and the mode of remuneration. 

XIII. The appointing of presiding officers forcondnot' 
ing municipal elections, the times, places, and mode of 
election, and the times, form and manner of the presiding 
officers' returns, as far as may not be specially directed by 
this Chapter. 

XIV. The making of rules and regulations for the 
trying contested elections uf members of their own body, 
and the trying of such contested elections. 

XV. The enforcing of the duo observance of the 
Lord's day ; the prevention of vice, drunkenness, profane 
swearing, obscene language, and any other species of 
immorality or indecency in the public streets and roadsi 
and for preserving peace and good order in such streets and 
roads, and in public places or taverns ; for preventing the 
excessive beating or cruel and inhuman treatment of mr 
mals : for preventing the sale of any intoxicating liqaora to 
Indians, children, apprentices or servants ; for restrainiog 



■LB xiu.] mnnciPALiTiES. 303 

d paoishing all vagabonds, drunkards, and beggara, and Gbap. 57. 

perflODB foaod drunk or disorderly ia any street, road 

public highway in the cotinty. 

XVI. The providing for any other pnrpose, matter or other miHen 
ing specialty sobjected to the control of the coancil by «u^"°'"' "* 
r: but no byo law shall impofo any punishment or im- 
ieoomont, or any penalty exceeding twenty dollars. 

67. The council, as often as requisite, shall appointO(»Dn«n.>p- 
roDers, and determine their liraiita within which to act, '™° "" ' 

68. It shall be diiicretioDury with the miinictfinlityBnowpLDiigb. 
nncil to procure a snow plongh, or other machine or 
Dtrivance sufficient to keep the roads open and beaten 

:er the tall of snow, to the width of at least eight feet, 
d place tho same under the charge of the commisi^ioners 

highways in sacb district, who shall cause the same to 
< worked and used by sucb number of the inhabitants of 
eir district as they shall jndge sufficient for its use, and 

rotation; and the cost of the snow plough shall be de- 
ayed out of the county fundd by a rate imposed equally 
1 the whole district. 

69. All powers and authorities now vested by law ah poven i«t- 
the grand jury and Bessionn, in special sessions, or t9u?o[u!''Ao.1'to 
justices of the peace, to make bye-laws, impose rates Jjy™^*^" ' 

■ assessments, appoint township or county officera, or ••»"«"■ 
ake regulations for any county purpose whatever, after 
le incorporation of any municipality shall be transferred 
-, vested in, and be exercised by, the municipality 
mncil only : but no bye-law or regulation mado by the pnniio. 
■ttces in session shall be conaidered repealed until the 
noicipality council shall expressly declare such repeal by 
l^^lsw ; and the county and town officers shall continue 
> exercise their functions until the first meeting of the 
icorporated council under this Chapter, and they shall 
a liable to Hcconnt to the council. 

70. All debta, liabilitios and obligations of overy kind Dowaiobeii- 
^eh may be due or owing, or to which any municipality'"™''' 

ttj be liable at the time of its incorporation, shall bo 
Ihimed, paid and perfumed by the municipality council, 
aA be recuveral'ile (iiini the same by action, or otherwise, 
a the same term^ ami conditions as ttie same should have 
Mo paid and performed if the county had not been incor- 
Mtited ; and all property of a public nature, and debts of 
wery kind, belonging or owing to any municipality, shall, 
Atho same time, hucomi.' vested in and dne and payable to 
the TDunicipality council; but no municipality council 
iM i^sun, or authorize tlie issning, of any bill or note, or 
Id any way act, or authunza any persons to act as bankers. 

7l. In aaso'ising utiy rate or tax the municipality couo- AiHnnuaicf 
^UtbaU.be goverued in ;ill things by the laws now or here-^S^'^"™'' 



304 



MUNICIPALITIES. 



[PART I. 



Chap. 57. 



Allowanoe to 
collector. 



Bye-laws laid 
; iMfore leguda- 
lure. 



Expenditure to 
be laid before the 
legislature. 



"Sot to extend to 
toll bridges, kc. 



iPenaltiee, how 
recovered. 



Informer not a 
tvrnipetent wit- 
ness, when. 



aft.6r to be enacted for the levying ancl collecting of poor 
and county rates, except as herein provided ; and the 
same shall be apportioned and assessed equally on all pro* 
perty liable by law to poor and county rates : but no 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 
War Department. 

72. All allowances or per centage granted by law to 
any collector or county treasurer, and all salaries, wages, 
and allowances of any kind enjoyed by any county, towa 
or parish officer, shall continue to be paid, after the incor- 
poration of any count}^, until otherwise ordered by the 
municipality council. 

73. An authentic copy of each bye-law passed by the 
municipality council, shall forthwith, after being passed, 
be transmitted by the warden or chairman for the time be- 
ing to the Provincial Secretary, who shall note on such bye- 
law the date of its receipt, and lay the same before the 
Oovernor, by whom the same shall be laid before the Legis- 
lature within ten days after the opening of its next session. 
Any bye-law repugnant to the law of the land, or the pro* 
visions of this Chapter, shall be wholly void and of no effect 
whatever. 

74. At least ten days before the meeting of the Provin- 
cial Legislature, the wardens shall transmit an abstract of 
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 
bridge, or road belonging to any company or individualdi 
nor to any work under the control of the imperial or pro- 
vincial governments, or of the military authorities. 

76. All lines 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 costSy 
by Huit and execution, as in the case of debts, in the name 
of the corporation, before any justice of the peace tor 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. No informer or other person, who is to receive for 
his own benefit any part of a fine or penalty, shall be com- 
petent witness for the prosecution, unless he first relin- 
quishes, 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 th% 



TITI.I Xm.] t HDHIGIPALrEIBS. 305 

fDnoicipality, or member or officer of the coancil, shall be Chap. S?. 
BO iDcoropeteDt witnesB io any prosecution for the recovery jiemmiBof 
Df a fine or peaalty, or in any anit for mouey payable to j™"^^j^* 
Khe clerk or treasurer, or due to the coaDcil, or in any enit 
■rbereiD the c^nncil are a party, or have an interest in the 
reanit, bv rea«OD ot snoh person being an inhabitant ot 
the manicipality, or a member of the council, or an officer 
3r a person in their employ ; provided that such person shall 
3ave DO other interest in the prosecution or suit which 
jvonid render him an incompetent witness. 

77. The municipality council shall strictly account to Biunditnn oi 
.lie Clovflmor for the expenditure of all provincial moneys ^^n^Tr. 
^rauted for roads or other municipality uses, and render 

iJl oeedful vouchers. These expenditures shall be ex- 
•anined and andited by the Provincial Secretary, and the 
•ccoaotH laid before the Legislature within ten days after 
be opening of each session. 

78. In the case of the first election the Sheriff shall BhoiSi^^., 
-^tceive from the municipality funds the sum of eight dol-tfS^n. 
^n in tall tor his services ; and each presiding officer shall 
raceive two dollars, and each poll clerk one dollar, in fall 

^T their respective services, 

79. All rates and tolls imposed by the council shall be A—eimumu, 
asMSsed and recovered in manner prescribed by the bye- '«^"*"'"^' 
^ws, and by such assessors and collectors as may he 

Appointed fur that purpose by the council at one of the two 
nteetiugs hereby appointed : provided such bye-law is not 
npogonnt to the law of this Province or to this Chapter. 

&t). k\\ TAlun for puV)\lc piirpostis, not within the scope Batn lor paouc 
I ud mtiiority of this Chapter, which the inhabitants of any p"""**^ 
IciaQty are now liable, or may hereafter be liable, to pay 
*|f any law ot the Province, aliall continue to be assessed 
poB and paid by tiie iubnbitants of any incorporated 
noty, nntil otherwise directi3d by Act of the Legislature. 
41. Nothing in this Chapter contained shall be construed ineanaiitHit « 
*^peal or affect the provrainns ot any law or enactment difriffMMiL" 
7 ID force, except so far only as such law or enactment 
t be inoonsistont with, or rdpugnant to, the provisions 
'lis Chapter, or the atEitinment of the objects and pur- 
■ tbereot. 

Bvery reluming officer, or person holding any eleo- HeiomiDg^ 
Oder this Chapter, Hiiitll have power to administer all utar oattu. 
I and affirmntiuus required to be administered or taken 
*tKiy snch election. 
|i S3. Every officer who shall be elected or appointed no- ■«? aDoer 
J l»r thi« Chapter shall, before entering on the duties of his '*''™"' 
D nice, take and subHcribo the genanl oath of office contained 
I in the Schedule, except officers for whom the Schedule coo- 
L tiuiifcapeiual oath ei office. 



306 



HUKICIPALITIES. 



[PART L 



whom taken. 



No 



Ic., nnleaa a 
nabjectof Her 
Mijeitgr. 





Penalty for re- 
f tuing to take 
offloe* 



Chap. 57. ^*' ^^^U person elected or appointed under ibis Chap- 
Oath of' ujjifl- ^^ *^ *°y office which requires a qualification of property 
cation, by in the iucumbeot, shall, before he shall enter upon tb» 
*°' duties of his office, take and subscribe the general oath of* 
qualification contained in the Schedule of oaths, and shall 
annex thereto and file with the clerk a schedule of hia 
qualification. 

85. No person shall be qualified to vote or to be electe^K^ 
ed to vote. ^^ appointed to any office under this Chapter, who sh 
not, at the time of his voting, election, or appointment, b 
a natural born or naturalized subject of Her Majesty, he 
heirs or successors, and of the full age of twenty-on 
years, 
oatha, by whom 86. When uo provisiou shall be made in this Chapi 
to^adminia- f^j. ^j^^ administering of any oaths or affirmations requir 
to be administered or taken, the same may be ~ 
by the warden, or, in his absence, by the clerk, or by 
councillor or any justice of the peace of the county ; 
when an oath or affirmation is directed to be administer 
by, or taken before, any officer or person, the authority 
administer is included. 

87. Every qualified person duly elected or appointed 
any office in. by, or under the municipality, in cases 
herein expressly provided for, who shall refuse suchoffi^ 
or neglect to take the several oaths or affirmations requi 
by this Chapter in respect thereof, within ten days afto^ 
his election or appointment, having had notice of s 
election or appointment ; and every person who shall en' 
on the duties of any office under this Chapter, *Avith 
having taken the oath required in respect of such offi 
and every person duly authorized to administer such 
or affirmations, who shall refuse to administer the 
when such administration is reasonably demanded of h. 
shall thereupon, respectively, forfeit such sum, not m 
than eighty dollars, nor less than eight dollars, as may 
prescribed by the bye-laws of the municipal corporat^B-on, 
to be paid to the clerk of 6uch corporation for the '^^ 
thereof: provided that such forfeiture shall not be incur' 'od 
by any person not legally qualified, or who shall be leg o * W y 
exempt, and who shall verify that fact on his oath. 

88. Every person authorized by law to make affirmaCicMi 
instead of taking an oath may make affirmation in ev^fy 
case where an oath is required by this Chapter ; and Biyr 
person who shall wilfully swear or affirm falsely in sflf . 
matter where an oath or affirmation is required by ilUB 
Chapter, shall be deemed guilty of wilful and corrupt p6^ , 
jury, and be punished accordingly. 



:ay 



to 




Froviao. 



AiBrmation. 



Certain 
tiong not 
eC 



eorpwft. 89. Nothing in this Chapter contained shall abridjn 
kaifeau jjjjjjj ^y defeat any rights, powers, privileges or joriaduo 



TITUE Sn.] iniBI0IPlI,ITIE9. 307 

tioB of the oorporationa of the City of Halifax, and the Chap. 57. 
"towDB of Dartmouth and Ftctoo, or of the corporation of 
x.ay other town which may be iocorporated dariog any fn- 
-•□re sitting of the Legislature. 



Every action broaght by or against any mnnicipal-^i^jjji'^"^ 
^ ty conncil shall be brought by or against the same by its brought. 
^csorporate name ; and in all such actioua, service of process 
K=3D the warden or clerk for the time being shall be good 
^^od valid service of sqch process. In case of judgment 
fc=3eiQg given against the corporation, the sameRball be paid 
t3|y order of the council, without unnecessary delay, if there 
^■.oall be funds available for the purpose; otherwise the 
^b-moont shall be inclnded in the next assessment, sod shall 
t^B« fiaid out of the first moneys which shall be subject to 
t: ~XieM»ppropriation of the council. If the amount shall not 
t::»'« paid within six months afl:Qr judgment recovered, and 
3r«mand made, the Supreme Court, or a Judge thereof in 
^T'scation, shall have the power to amerce the county, 
^^bicb, by the sixth and fifty-fourth sections of the twer.ty- 
Bj rst Chapter, are given to the sensiona and the Supreme 
*-?<>Brt, and may, if need be, appoint assessors and col' 
lectors. 

91. Judgments against a municipal corporation ahall J^^g^"- '"- 
V>«ar interest at six per centum per annum. 

92. Coroners appointed under this Chapter shall be oamnin to b« 
•■worn into office before the warden, or in his absence two""*"' 

cenncillors : and the nineteentb Chapter, except tKe first 
section, shall be in tbrce 63 to such coroners. Nothing in yrwrntowomin 
this Chapter contained shall affect coroners now appointed. 

9i. The jurisdiction of the general and special sessions JniMWiBn of 
of the peace and ot the grand jury, in all matters over (lud juy 
which, by this Chapter, jurisdiction is given to the muni- ■""*■ 
eipal council, is taken away in counties in which this Chap- 
hr shall go into operation. 
1 J4. 1 he powers and authorities which in Chapters ^ojmrf md* 
l*WDty-one, twenty-two, tweuty-three, twenty-nine, thirty, umu^^T'*" 
lirty-onej thirtyfliree, thirty-four, forty, forty-three, forty- °"'°^" 
bor, forly-Bix, forty-seven, forty-eight, fifty, fifty-one, fifty- 
»o,fifly-eight, fifty-nine, sixty-one, sixty-two, sixty-three, 
jhty^ve, sixty-six, pixty-seven, sixty-eight, sixty-nine, aev- 
""tr, leventy-one, seventy-two, seventy-three, seventy -four 
1 (erenty-five, of the Eevised Statutes (Fourth Series), 
i ia Chapters seventy, ninety-five, one hundred and 
HtT-MTen, and one hundred and fifty-seven of thb Third 
Binet t>f SQch Revised Statutes, are given to grand juries, 
IMticesia session, general or special, or to justices of the 
"*C9, and to the ofHcers and persons named by them, 
d to officers and persons named in those Chapters, for 
~^~ • ^** '"^ °^ ** proviaiona of tboee Ohapten, 



308 



MUNiaPALITl^ 



[PABT I. 



Chap. 57. ^^^ givon to municipal councils, and to the officers and 

f)6r8on8 to be appointed by them under the respective bye- 
aws of such councils. 

95. The warden, councillors, and officers acting under 
them, shall be entitled to the protection afforded to justices 
of the peace and constables, under the one hundred and 
eleventh and one hundred and twelfth Chapters. 



Protection of 
wardeoB, dc. 



JUDICIAL DISTRICT C0ITBT8. 



JadicUil dis- 
triots, forma 
tion of. 



OfBoe of com- 
miasioners, du- 
ration ot. 



Ko ooundllor to 
be a oommifl- 
sioner. 



Author! 
oomm 



•rityof 
isslone 



ners. 



96. The municipal corporation for each municipality 
shall, at its first meeting, or soon thereafter, divide the 
municipality into convenient judicial districts* which shall, 
if practicable, 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 

commisBioners. districts. The Commissioners shall be qualified as is re- 
quired for councillors, and before entering upon the duties 
of their office shall t^ke and subscribe the oaths of alle- 
giance, of office, and of qualification. 

97. The judicial district commissioners shall retain office 
for three years and no longer. At the end of that period 
the municipality corporation shall appoint a new board, 
but may re-elect two of the out-going officers. The cor* 
poration shall also supply occasional vacancies, arising from 
death, resignation, or otherwise. 

98. No commissioner shall at any time be chosen from 
among the councillors. 

99. The commissioners shall have authority within their 
respective districts only. Their writs may extend over 
the whole municipality, but shall be returnable only within 
the district, and shall be directed and served as writs from 
justices are now served. 

100. They shall have and exercise within their district 
the same jurisdiction over actions of contract, and for petty 
trespasses and assaults under the one hundredth and toriy- 
seventh Chapter of the Revised Statutes, Third Series, 
and tor penalties for violation of the laws relating to the 
importation, manufacture, or sale of intoxicating liquors, 
and other penalties, and the same functions for the pur- 
poses of trial which justices of the peace may posaess at 

onepart^mnst the time the commissioners are appointed. No action ahatt 
be sustained unless at the time the writ issued either the 
plaintiff or defendant shall actually reside, or the caiiM of 
action shall have arisen within the judicial district. 

101. The commissioners shall meet at some conv^aiettt 
SrSS^Sf"' place to be named by the council, on the first ToeedM-.of 

every month, and may continue in session for two* <uVBf 
and DO longer : causes not disposed of sImU stand unmr : 
two commissionerB sbaW iotm ^ c^vx^ixxxu* 



Jurisdiction. 



reiiide in dis- 
trict, ko. 



Meeting of 



^ t 



niLH xm.] HUNICTPALITIGa. 309 

102. The commiReioDers shall have the same power to Chap. 57. 
swear witnoHBoa, and to try by jary, and the same aatbority powtttom- 
M a court, that jaetices now have; and appeal shall He'^immriHUu. 
from their judgment, and in the same mode as it now lies*"**'" 
from the judgment of justices. 

103. The municipal corporation shall appoint a olerk <^^ "f diwFi^, 
for each judicial diatrict, who shnil take the oath of office '"'°^'™°* 
before entering on hie duties, and hy whom, and not by the 
commtaaionera. the writs of mesne proceaa and execution 

shall he tssaed ; but tiie commissioners aa wall aa the clerk 
may issue snbpoetias for attendance of witoQaaes, which 
shall extend over the Province. 

104. Witnesses in cases before the conrt of judicial'""*™* 
commisBiouers shall be entitled to the same fees for attend- 
ance, and subject to the same obligations to attend and 

give evidenoe, and liable to the same penalties for prevari- 
cation and for perjury, aa in causes at present within the 
jurisdiction of juatioes of the peace. 

105. Alter the court of judicial commissioners shall ^"'"'ijg^ 
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'^- 
fourteen, under the head " Magistrates Oonrts," are dis> 
tingnished as jnaticea fues, constables fees, witnesses fees, 
and jnrors fees, or under any other acts in force relating 

to such tees, shall be paid upon suits before commissionere ; 
but the fees distingnished as justices fees, shall be received 
by the commisaioners clerk and paid to the County Trea- 
surer. 

107. The commissioners shall be paid according to their ^JS?"**"*"' 
actnAl sttendanoe in cnnrt, such amount, and the clerk by 

«ach allowance, as the municipal corporation shall appoint ; 
•od the remuneration of the commissioners and clerk shall 
aot in anything be made to have relation to or be depend- 
ant upon the number of writs issued or judgments obtained, 
or the amount of fees collected ; and neither the commia- 
sionera nor the clerk shall, on any pretence, derive any 
«nioliiment from their office beyond such allowance. No J^" ^^'^J'"" 
■commissioner or clerk shall be directly or indirectly em- (inpioTed *• m- 
ployed, or profeflriionally concerned as oouifsel, attorney, *°'™''' 
•olicitor, proctor, or advocate, for any party in any matter 
pending or to be brought before the court of which he is 
«ointniasioner or clerk. 

108. Municipal corporations shall make bye-laws for *?*••"• 
enforcing a correct and regular acconnt of the writs issued, 
triala bad, jadgmonts entered, and costs incurred, in such 
ittdifiial district ^.ourls, and of the fees paid to the County 
TPMBarer i *°'^ ^''^" *Biia>>lly, on or about the thirty first 



310 MUNICIPALITIEB. [PABT 1. 

Chap. 57. ^^y ^f Decembor, make a return thereof to the Governor, 

to be submitted to the Legislature. 

Pow«n. proteo- 109. The powors and authority which, in Chapter 
ti^'Mtiie^p^ Ninety-one of this Series and Chapters One hundred and 
^^^bSonora. forty-seven, and One hundred and fifty-seven of the Third 
Series of the Revised Statutes, are given to justices of the 
peace, are transferred and given to the judicial district 
commissioners within their respective districts ; and ti>ey 
and the ofiicers executing their process, shall be entitled 
to the same protection, under the one hundred and eleventh 
and one hundred and twelfth Chapters, as justices of the 
peace and constables in the like cases are now entitled to. 
connoumny HO. The municipal councils may, if they see fit, alter 

anTnambm^ the Hmits, and increase or diminish the number of electoral 
niJSw o£"«d!q- districts in their respective municipalities, and the number 
ciUor8,Ac. of couucillors to bo elected by each district ; and in laying 
off such districts regard shall be had to the populatiou 8o 
as to equalize the number of councillors in that respect as 
far as possible. 
Mertinffof HI. The couuciUors of any district, or the councillors 

wunciiow. ^1 ^^y 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. 
Warden, right 112. The wardcu or temporary chairman shall have a 
to vote. right to vote on all questions before the council. 

ProvWoM, Ac.. 113. Tlie provisions of Chapter Forty-nine "Of Com- 
tendSfto^iS'ni- nnissioners of Streets,*' shall extend to all municipalities; 
oipaiities. ^Ltid all the powors by such Chapter vested in the sessions 
and grand jury, are hereby vested in the council of the 
municipality, and the power aud authority of the com- 
missioners are hereby vested in the commissioners to be 
appointed by such council. 
Jury list, revi- 1 14. The municipality councils shall appoint committees 
sionof. ^j. ^jjgjj. Q^jj 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. 
^"Wio property ti5. Notwithstanding the ninth section of Chapter 
managSmYnt of Fifty-cight, " Of Trustees of Public Property,'' all property 
thecoundi. ^^ every description belonging to the municipality, or any 
district or drstricts, shall be under the management and 
control of the municipal council, or of the warden and the 
councillor or councillors of such district or districts. 
Furphaseof 116. Whenever it shall become necessary to purchase 

land or buildings, or to erect buildings for the use of mHQK 
cipalities, or of townships or districts, the assessment for 
the amount required therefor may, if it be thought advi- 
sable, be made payable by yearly instalments, to be GoIleot» 
ed and levied on such municipalities^ townships^ or div- 



Und, &c. 



Tins Zm.] KUHIOIPALITIKS. 911 

tricts, liable therofor ; bat ancb payment Bhall DOt be made Chap. 57. 
to exteod over a loDger period than five years. 

117. The election for warden and counoillors may be xi««i«a«. 
by ballot or otherwise, as shall be determined by the 
OOQDcil. 

118. Hanicipaiity councils shall appoint comraissioaers oom 
of sewers in their respective districts or coauties, who "^ 
shall have power and authority to carry ont the provisions 
of Chapter Forty, " Of CommiBsioners of Sewers, and the 
regolsting of dyked and marsh lands;" and shall also ap-b 
point inspectors of provisions, lamber, fuel, and other'" 
merchandize, under the eighty-fifth Ciiapter of the Third 
Series, so far as unrepealea. 

119. The mnnicipality coancils shall have the same o 
~^wer and anthority respecting commous as is now vested 
30 the sessions, under the forty-first chapter, "Of Com- 



120. All power and authority now vested in, and all ^^I'l^S. 
«J3atie8 now imposed on clerks of the peace and town clerks, itoaot.te'. 
^^hall be vested in, and be performed by the municipality 

^clerks. 

121. All the powers and authorities vested in jnaticea Jn<«ioi»Liiirtriot 
^C»f the peace by the thirty-fifth Chapter, "Of the Maint6-^™of!i^' 
^KiaaQce of Bastard Children ;" also by the eighty-sixth 
^^apter, " Of Masters, Apprentices and Servants;" also 

%3y the one hundred and fifty-nioih chapter of the third 
^ft^ries, " Of Offences against Religion ;'' also by the one 
l^undred and sixtieth chapter of the same series, " Of 
^Dffences against Public Morals," shall be exercised by the 
Ivdicial diiitrict commissioners of the municipality. 

122. Th© judicial district commissioners may, on good SSS^"*'^'' 
^ronnda shawn hy afiidavit, continue a cause to the next 

1 Xbonthly meeting. 

123. No vote shall pass the mnnicipality council other votwof money. 
than the annual vote for the maintenance of the poor, or 
for ordinary annual county or district purposes, to a greater 
uootint than two hundred dollars, nnlees the same shall 
bsve been snnctioned by the majority of qualified electors 

Cient ai a public meeting, which shall have been called 
the purpose, and proaided over by the warden and one 
qI the councillors ; of the time and place of which meet- 
lug tea days notice shall have been given. 

124. When any cuuntv or district shall hereafter be oountiei to i» 
iWdrporrtled the municipal council shall, without delay, ^"S^"^; 
proceed to lay the coinity or district off in so many and °°^y^'*'J^ 
mcli municipal towm^hips as shall be most convenient, ^eii,M. 
s<i^ which shall not disturb the limits of existing towD- 
''lipa, electoral districts, or poor districts, unless there be 
)n Dimvoidable necesiiity to do so for the convenient dWi- 
lion and ananpemafl/ o/ the whole couaty or district. 



312 MUNICIPALTrrES. fPlkBTI 

Chap. 57. 125. Such division shall be made between the firsi 
Division, when annoal meeting of the county coanoil on the secooc 
to be made. Tuesday of December, and the fifteenth day of Marcl 
next after, and pubUcation shall be forthwith made in eacl 
township of the boundaries of all the proposed mnnicipa 
townships, with a notice that the county conncil at theii 
next half-yearly meeting will hear objections. 
uSit?h<JSlie. ^^^' '^^® county council shall, at the next half-yearlj 
dded/ meeting in April, consider all objections made by petitioc 

or in person to the proposed township divisions, and, a1 
their discretion, establish, alter, modify or re-arrange the 
same ; and, having finally decided on the nnmber and 
limits of the several municipal townships, shall make im- 
mediate publication thereof in each township. 
S^^SS?^"*" 127. Immediately thereupon the inhabitants of eaoh d 
^jnshipeto be suoh municipal townships shall be a body corporate, have 
Ao. **'^^*^' perpetual succession and a common seal, with power to 
break, renew and alter the same ; and shall be capable oi 
sueing and being sued, of purchasing, acquiring and hold 
ing 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 
necessary for the exercise of their corporate functions j 
and their powers shall be exercised by, through and in the 
name of the municipality of such township. 
Hnnidpai 128. The municipal council of each township shall con- 

coandi. gjg^ of five couucillors ; one of whom shall be presiding 

oflBcer, under the name of town reeve ; and the councillors 
and reeve shall hold office for two years, and until the 
election of their successors. 

SSfcuiM?*" "^ '^^' ^^^ ^^^^ elections of such township councillors 

when held.' shall, aflcr due notice to the respective townships for not 

less than ten days given by the county council, be held on 

the third Tuesday in November following, and at such 

plaoe, and before such presiding officers as shall be ap* 

pointed by the county council. 

snoeeeding 130. Succeeding biennial elections shall be held on the 

eiedaonB, when ^j^j^.^ Tuesday of November in each alternate year, at suoh 

place and before such presiding officers, and after eooh 
notice as the township council shall by any bye-law ap- 
point. 
Bieodonshow 13]^ Every election shall commence and be continnedly 
closed and notified, as directed in the case of coontj 
councillors, by sections eight and nine; the township 
councillors elect being summoned to meet on the fonrtli 
Tuesday of November next after, at such place in Ibn 
township as the officer presiding may appoint, ontil thf 
place of meeting shall be determined by the towMMp 
council ; at which time and plaoe the presiding ofilow aal 



TRLB Xm.] MUNICIPALITnB. SIS 

ooonoillorB olect ahalt mmt, and the connoillors being Chap. 57. 
■worn into office, the towDship coDDoil ehsU bo orgitnised 
aod proceed to businese. 

132. At the first meeting the townsbtp conocillors ahall J^JJ^,J^ 
elect from amODg themselves a town reeve in each mnni- 

cipal township ; and every town reeve shall tix^fficio be a 
oonnty conncillor. 

133. There shall annually be held a meeting of the UKtingh bmr 
township conncil on the fonrth Tuesday of November, to""™""*^ 
be called the annual meeting; and snch other meetings, 

either periodical or occasional, as the council shall appoint. 
The township conncil may severally adjonrn their meet- 
iags from time to time \ and the town reeve, or in case of 
his death or absence, any two of the town conncil, may at 
ray time summon a special meeting ; the places and ' 
times of meeting may be appointed by the township 
coancil by bye-law, resolution or adjonrnment ; and the 
twenty-seventh section shall, as far as applicable, extend 
to township conncils and their meetings. 

134. The town reeve shall preside at all meetings, or Pm^mt of 
ja bio absence, some member ot the council to be selected 

for the purpose by the tnemberB present, who shall for the 
time have the same authority as the town reeve. 

135. No person shall be entitled to vote at the election BeiiainnMnia 
of township councillors unless he shall reside in the mnni-'°"'°*'^' 
«ipal township, and shall have so resided for the time 
nqnired for residence in the esse of voting lor members 

^ Aasembly. 

136. The township conncil, if they deem it d^irable, '■*^P'^!7 
asay divide their township into five electoral wards, and* 
«ppcirint polling {^acae therein, and presiding officers to 
Teoeivfl the votes in each polling place; each ward to 
Tetum one town connciltor, who shall be resident within 

the township. 

137. The township council, at the first meeting, and "tSl^l^JhDm 
«ach annua! meeting afWrwards, or at snch other time asoXfii 
they may appoint, shall vote for each poor district in the 
lownahip the sum they ahall judge necesoary for the sup- 
port of the poor in that distriot, and for the purposes 
•nnmerated in the thirty-third Chapter; and shall appoint 
overseers of the pour for the existing poor districts within 

the township until snch existing poor districts shall be 
Stared by the town council, whioh districts they have 

Bfrom time to time to alter, if they shall see fit to do 
hen a poor district lies in more than one muDioipal 
ip, the couucilB ol the several municipal towRsfaips 
led may respectively appoint overseers to meet the 
Jtances within each municipal township ; and Ae 
towDsbips interested may make agreementl wiih 



314 MUNICIPALITIES. [PABT I. 

Chap. 57. ^^^b other according to the emergeDcy of the case, and if 

unable to agree, the county coancil shall have power to 

make such order as may be agreeable to justice. 
Payment of offl- 138. In the case of the first election, each presiding 
**^ officer shall receive in full for his services two doIlarS| and 

each poll clerk employed one dollar. 
Clerks and tr«a- 139. Each towuship municipality shall appoint a clerk 
surwajra oon- ^^^ ^ treasurer, and shall prescribe their duties and the 
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. 
Portions for 140. The following sections, as far as the same are, or 

mmSS^f^''' in^y he applicable, and with such changes of terms as may 
to towMhi^'*^^ be necessary to make them applicable to townships and 
manioipauties. towuship municipalities, shall apply to township munici- 
palities 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, eighty-two, eighty-three, 
eighty-four, eighty-five, eighty-six, eighty-seven, eighty- 
eight, ninety, ninety-one, ninety-five ; also, so much of sec- 
tions sixty-nine, seventy-three and ninety-four, as apply to 
townships or township business or officers; and also the 
following divisions or sub-sections of the sixty-sixth section 
viz., I., XL, III., except as relates to provincial road money, 
and IX. to XYL, 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 matters of the thirty-first and thirty-second sec- 
tions ; also, may determine what, if any, remuneratioOi 
shall be paid to the town reeve and town councillors for 
their attendance and services. 
WorcUtappii- 141. When in the above portions of this Chapter the 
^stroe^wap- ^ords couuty, or council, or municipality, or councillor, or 
pucabietotown- v\rarden, or municipality clerk, or elector, or synonymoas 
words occur, they shall respectively be construed to mean 
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 fo^ 
bid the change. 
Sections inoon- 142. When municipal townships shall come into open^ 
SJptor'lffii^^ tion, the powers granted under the forty-third section, and 
oease. Other scctious inconsistent with the sections from ooa 

Lundred and twenty-five to one hundred and forty^twOi 
iDclnsive, shall cease. 



TiTLi zm.] utmiciPAunia. 



143. After township iDoorporatjoDS shall be B<^opt6<^) P° ^^^!!{^ 
and the maaicipal townships laid out and notified in aoy roUnwiDi mo- 

Jacorporated connty or district, the sections next following J^SJ!" """^ 
Altall come into operation therein. 

144. Thereafter in those counties or districts no elec-voeissioBot 
"*ion of connty conacillors shall take place. Mnnty oonndi. 

145. In such incorporated conntiea or districts, the Kanidp^ <»un- 
~A)WD reeves of the several municipal townships shall con- ""■'*■ **"**■ 
^Btitute the municipal council ; they shall continue in ofiBce 

~Awo years, and until their saccessora are appointed, coiii> 
-^■nencing their duties on the second Tuesday of December 
^^'ter the first and every subsequent general or bi-ennifti 
selection of town councillors, at which time the county 
^councillors shall go out of office. 

146. On the second Tuesday of December after the first. Ei«tiim ot wu- 
^^ud after each sabsequent geueral or bi-ennial election,''™*' 
"^the county council, and the recently elected town reeves, 

^sball assemble at (he county or district court house. The 
'^owD reeves shall respectively exhibit and lodge with the 
^aoDDty clerk a certificate of their election as township 
"^-eeves, signed by the town clerk of the respective town- 
^liip mooicipalitiea, and they shall forthwith take the oath 
^>f office A8 county councillors, and then enter upon the 
Katies of their office, and shall immediately proceed to 
^lect by majority of votes from among themselves, a war- 
den, wbo shall take the oatb of office, and shall then enter 
iipon the duties of his office, and who shall be subject to 
the twenty-first section ; and in case the person so elected 
afaall not qiiiilify and serve in the said office, the county 
council shall choose, by a majority of votes from among 
tdeiDselved, a warden duly qualified, until one shall be 
touud willing to serve. 

147. The warden shall have all the authority of county Anttioritjr.Ae. 
coQiioillor ; he shall hold office for two years, and there- "' ™'*°' 
iftertill hid successor be appointed and has qualified; and 

be may be re-elocted. Whenever a vacancy occurs during 
the term of office, by death, resignation, or otberwiae, the 
Wnncil shall, at its first meeting thereafter, elect a warden 
lorthe remainder of the time. During the temporary ab- 
Hnce of the warden hia place may be filled by a chairman 
for the time being, with all the authority of the warden, to 
b« chosen by the members preaent. ii«eioiit.*c.. 

148. It is declared that the first municipal eleotioa in r^*^^. 
>Dy county or district hereafter to be incorporated, is to ^a^nuun 
l^^e place on the third Tuesday of November next ftftoTandtinmA^^ 



816 MUKICIPALITIEeL 

Chap. 67. ^^^ incorporation ; and the first meeting of tlie couii 
cillors then elected is to be held on the second Tu 
December then next after. Until such first meetii 
county council, the existing authorities and mode 
ministering the affairs of the county, and of the tc 
and districts therein, are to continue in force, 
organization of the county council at that meeti 
from thence until their next succeeding annual mee 
county council are to administer the affairs of the 
and of the townships and districts therein, undei 
conformity with the provisions of this Chapter. 
'mSJfSS; 149- On the third Tuesday of November next i 
f.powewof.&c. said first meeting of the county council, the first 
of township councillors is to take place, instea( 
election of county councillors ; and on the fourth 
of November next thereafter, the first meetings 
township councils are to be held, and on the secoi 
day of December then next following, being the 
annual meeting of the county council, the newl; 
tuted county council shall be organized, and the 
the administration of the county and the townshi 
shall be separated, and all the powers and jurisdict 
township affairs, which are given to the county 
and which are given to the township councils, sha 
after no longer be exercised by the county coui 
sliall exclusively be vested in and be exercised 
township municipalities ; and all other the pov 
jurisdiction given to the county municipalities 
herein given to the township municipalities, shall 
to be exclusively vested in and exercised by the 
municipalities; provided that assessors, collectoi 
seers and other ministerial officers, having duti 
menced, and not completed, on the occasion of an 
said changes of authority and jurisdiction, shall 
to have legal authority for the completion of sue 
unless the council coming into authority shall o 
order; and they shall make return, and account 
council according to its direction, and otherwise < 
authority. 

SCHEDULE OF OATHS. 

Oath qfqfice, to be taken by all persona appointee 
office or duty under this Chapter for which no 
office is specially provided. 

I, A. B., do solemnly swear [or affirm, whert (hi 
entiUed to affirm,] that I will truly, faithfully ant 
tially, to the best of my knowledge and abilityi 
the office of limerting the name of the offim^ m j 






TITLI' ZIII.] KinnCIPALITtSS. Sll 

■oMcer, or cteri (^the eUdiotis, or warden, oounoZIor, county Chap. 57. 
wrt, die, ttc, oa t?ie case may be,] to which I have heea 
elected [or appointed] in this municipality, and that I have 
-not received, and wiU not receive any payment or reward, 
or promise of anch, for the exercise of any partiality or 
3Dalversatioo, or other undne execution ot the eaid office. 
So help me Ood. 

Oath qfojice/or the auditors. 
I, A. B,, do Bolemnly Hwear [or oMrm, when the party is 
entitled to ajirm,] that I will faithfully and impartially to the 
1>eet of my knowledge and ability, execute the office of 
«Qditor, to which I have been appointed in tbia muuicipal- 
Sty, sod that I have not received, and will not receive, any 
^nyment or reward, or promise of each, for the exercise of 
mny partiality or tnai vernation, or other undue execution 
«>f the said office ; and that I have not, during the time 
3>receding my appointment to the said office of auditor, 
^tnd that! have not since, had, and that I have not now, 
<Urectly or indirectly, any share or interest whatever id 
^uaj coDtract or employment, with, by, or on behalf of the 
:XDaDicipal corporation of . So help me God. 

Oath 0/ qwdification. 
I, A. B., do swear, {or o^rtn] that I am a natural born 
l^or naturalized] subject of Her Majesty, and that I am by 

Jaw qualified to be elected to the office of , in the 

'XBonicipaJity of according to the true intent ot 

Chapter Fifty-seven of the Revised Statutes, and that a cor- 
Tect account, to tim best of my knowledge and belief, of 
the property in respect ^'hereof I claim to be eo qaali&ed, 
iflcoQtHined in the schedule hereunto annexed. So help 
'taQod. 

SCSEDULE A. 

County 0/ King's. 
Each electoral district shall return two cooncillors, ex- 
«pl the Aylesford district, which shall return four coun- 
cillors. 

County of Queen's. 
Tbree coancillors to be returned for electoral dletrict 
Dumber one. 

County of Yarmouih. 
XiX the dtstriot of Yarmouth three conocillor! ahall be 
relumed for electoral difitrict number Two, and one coan- 
ciUur tor eUotoral district nnmber Your. 



318 
Chap. 58. 



TRUOTEBS OF PUBLIC PBOPERTT. 



[PARI? 



TITLE XIV. 

OP CERTAIN MUNICIPAL AND LOCA. L 

REGULATIONS. 



CHAPTER 58. 



Tniftees of pub- 
He property ap- 
pointed by ses- 
moiu; record to 
be kept; true- 
tees a body 
oorporate. 




Lands and pro- 
perty Testea in 
trustees. 



Lands leased 
subject to control 
of sessions. 



Leases limited to 
seven years. 

Bye-laws, how 
made. 



OP TRUSTEES OP PUBLIC PROPERTT. 

1. The grand jury in each county or district shall if^ 
commend six persons resident therein, out of whom ^^^^ 
sessions shall appoint three to be trustees of public ^ ^^ 
perty ; and the sessions upon the recommendation of — ^^ 
grand jury may remove them or any of them; aitd 
cancies shall be supplied by the grand jury recommend 
double the number of persons necessary to supply 
same, out of whom the sessions shall appoint the num 
required. The Clerk of the Peace shall keep a record 
such appointments, removals and vacancies, and the di 
thereof. Such trustees shall be a body corporate by 
name of '* The Trustees of Public Property for 
County [or Diatrici] of ." 

2. All lands granted, conveyed, reserved or dedica.'^&e/ 
or which may have been procured, or for twenty y^stn 
before the passing of this Chapter shall have been used for 
public purposes in the county or district, whether for fbe 
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 be^ 
longing, and all lauds 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 ori- 
ginally intended. 

3. AH such lands and buildings shall be leased and 
managed by the trustees under and subject to the control 
of the sessions. 

4. No lease shall be made hereunder for a longer period 
than seven years. , 

5. The trustees may make bye-laws for the better regu- 
lation of such lands and buildings and affix penalties for 
breach thereof; but no bye-law shall be in force until a{K 

f roved by the sessions and filed with the Clerk of the =^ 
eace. • j 



ITUi XIT.] eOPBBTBOBS OF PUBLIC QBOtniDS. 318 

6. The trnstees shall annaally render their accoantB ia Chap. 59, 
mtiog to the seasiuoB to be by them aadited, and when ieomumot 
approved they shall he filed by the Clerk of the Peace. SldS^ii 

7. Penaltiea tncarred under the bye-laws, and rents due p«a^tiMuid' 
o the trustees, may be recovered by them in like maDoer JJ^J^*™" 
ts if they were priTate debts due them ; and the trtistees 

ihall pay into the oounty treasury all moneys that they may 
receive hereunder. 

8. The expenses of the trnstees in the exeention of the Jji^^jj^™ 
bniBt, shall when approved by the sessions form a county couv- 
charge. 

9. Nothing herein contained shall affect any place ofJ^'''""'jS 
idmne worship, burial ground, college, academy, school or f^Spm^ 
%n7 land thereto boionging, or any laud belonging to any "* '***""'■ 
~eligiouB congregation or society, or any lands vested in 

zhe supervisors of public grounds under the Chapter " Of 
Bnpervisors of Public Gronnds," or shall deprive any 
person of any right lawfully acquired ; nor shall anything 
serein contained affect any lands or buildings now vestea 
n trustees, or the necessary control of the Sheriff over the 
^art house and jail. 

10. The court of sessions in each county, ™'hsr* SSTuS d, 
■<huol lands are situate not by law vested in the school bow appoiDiHi 
nstees of any section, shall annually appoint trustees of '" '""*'""*"■ 
inch lands. 

n. Whenever any vacancy shall occur by death or Jj^"""' "" 
removal from the county, incompetency, or refusal to act 
>f any trustees already appointed to take charge of any 
•chool lands in any township or district in this PrDvioce, 
ttw sessions may appoint trustees to fill such vacancy who 
II have the same power as the original trustees. 



CHAPTER 69. 

OF SUPERVISORS OF PUBLIC OBODNDS. 



i The grand jury in each county or district shall, on""?^}™'' 
K^lication of twenty freeholders of any township,*'' 
,mBt six persons refliileiit in such township, out of whom 
« sessions shall appoint tiiree to be Supervisors of Public 
Grounds; and the sestiiuiiii, upon the recommendation of 
tjie grtind jury, may remove them, or any of them ; and 
FBcancies shall he supplied by the grand jury recommence 
ing double the number of persons necessary to supply the 
ttme, oat oi whom the seisions shaij appoint the Dutaber 



320 SUPEBYISOBS OF PUBUC GBOUHDS. [PABT I 

Chap. 69. required ; and the Clerk of the Peace shall keep a record 

of snch appointments, removals and vacanoies and the 

dates thereof ; and such Supervisors shall be a body cor- 
porate, by the name of *' The Supervisors of Public Grounds 

for the Township of .** 

^ti«of ^lio 2. The legal title of and in all public parade grounds 
^^insuj^r- and public landings within the township, and of all com- 
^^^•^* mons and other lands not belonging to the county cii 

district at large, but which may be acquired or had for the 
general purposes and uses of the inhabitants of saob 
township, and of and in all buildings thereon being and 
appurtenances thereto belonging, shall on their appoint- 
ment vest in the supervisors for the original purposes foi 
which they were intended. 
Leases of.how 3. The supcrvisors may, by direction of the grand jar} 
fltod?'TCnt!^w and sessions, lease any such lands not required for public 
appUed. ug^g {q^ ^uy period not exceeding seven years ; and thej 

shall annually render to the sessions an account of moneys 
by them received for rents and of expenses connecteci 
with the letting, to be audited by the grand jury an(! 
sessions and then filed in the office of the Clerk of th< 
Peace ; and the balance oi such rents after deduction oi 
the expenses shall be by the supervisors paid to the over 
seers of the poor for the township, or, where there shall 
be more than one poor district in the township, shall be 
equally divided among the different districts and paid tc 
the overseers thereof respectively. 
Landsandpro- 4. Nothing in the preceding sections contained abal 
FlSimo^uon extcud to any place of divine worship, burial ground 
of chapter. college, academv, school, or any land thereto belonging, oi 
any land belonging to any religious congregation oi 
society, or shall deprive any person of any right lawfuUj 
acquired, or affect any lands or buildings now vested ic 
trustees. 
Encroachments 5, Whenever the supervisors shall deem a road en 

upon roads, how , . i j i • 1 1 t 

dealt with; croacued upou or encumbered, and in all cases where f 
?iJS^^pSte. doubt or dispute shall exist as to the true line of a road oi 
as to which side is encroached upon, the supervisors aflei 
ten days^ notice in writing to the parties in possession o 
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 encumbrance, of the time and place at which thdj 
will investigate the matter, shall repair to the place when 
the encroachment or encumbrance shall be alleged to exit! 
or the line be in dispute, and there inquire into the ftwli 
and if necessary may then, or at a future day, have a snr 
vey made of the road, and examine witnesseSi on oath U 
be administered by a supervisor, touching the matter; 
shall after completing the investigation determine 



TTTLB XIT.] SDTEByiSORS OF PUBLIC GBODKDS. 321 

mark oat tlio trne line of tlie road, and direct tlie Bame to Chap. 59. 
be opened to the fall width of sixty-six feet, or to any leP8 ■ 

width to which it may have been confined by its dedica- 
tion, acd shall by order in writing direct and canae all 
encrottebmenta or encumbrances to be removed to anch 
distance as they nhall determine on ; bat they shall not 
caose to bo removed any building erected upon the road ; 
bat where a building tthall 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. 

8. If any person shall not obey the order of the Soper- f^^''^^^^^'' 
visor or sesaions delivered to him in writing within thirty c^mSd?w-' 
dayii after receiving the same, he shall forfeit four dollars ; ""■ 
aad if the encroachment or encumbrance be suffered to re- • 
main for a further space of twenty days after the imposition 
of the fine, the continnance shall be held a new offeace. 
•nd shall subject the party to a further fine of four dollars ; 
and ao in like manner shall every farther continuance of 
the encroachment for twenty days be held a new offence, 
SDd the farther Sne of foar dollars be imposed thernfor. 

7. The Supervisors may apportion and order the pay- eip«i»m, i»w 
ment of the expenses incident to the proceedingn herein- «i^l!^ '^ 
before mentioned among and by such persons as shall 

appear advisable ; and the same shall he recoverable by 
the parties entitled thereto as it it were a private debt of 
the like amount. 

8. In any sait under either of the two preceding sec- oniarid nipn- 
tions, the production of a copy of the order of the Baper-J^^^^ 
Tisors nnder their hands, or of the order of sessions under 

tiie hand of the Clerk of the Peace, proof of the hand 
Writing being in either case given, shall be good evidenne 
of the order, aad shall suffice to establish the claim of the 
^ntiff, 

9. The Supervisors shall make a record of their 'nves- ^J^^^,^ 
tigation? nnd order, setting out therein the tines of road 

by them established, which record shall be signed by 
th<«m and be returned to the Clerk of the Peace to be filed 
in liis office. 

16. Any person dissatisfied with the order of the Snper- Apnaifntm 
lltors or of the sessions may appeil therefrom to the next "' 
Inv or sitting o( the Supreme Conrt in the county, where 
All nifttters in diapitte shall be tried and determined by the 
'Ardiet of a jary, if a jary shall be ordered by the Court ; 
■ml pending the appeal, no farther proceedings shall be 
Ibd^mtder the order. 

11. If jadgment on appeal shall conGrm the order,tben ontiof kdmi. 
IIm <i«9ts of appeal shall be paid by the appellant, and^^t^tniX 
21 



822 SUPEBVISORS OF PUBLIC GBOUNDS. [PABT I* 

Chap. 59. having been taxed in the nsual manner shall be recoviered 
by execution. 

When order re- 12. If the order shall be reversed on appeal, the costs 

JSid^f'*^^*^**^ consequent thereon, as well as the expenses attending the 
making of the order, shall be paid in the first instance by 
the Supervisors, but shall form a county charge, and be 
refunded to them, together with their own reasonable 
charges. 

supervhoramny J 3^ Where a road shall have been opened ai>d used as 

makeorderfor ii.i«i 11 11*^1 ^ it 

wideniDR road, a public highway, and the same although not encroached 
upon, 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 ot the lands on both sides of their 
intention to widen the road, and that application for that 
purpose will be made to the next sessions. 
ProoeediDffB to 14. The Supervisors shall at the next sessions submit to 
beitu|dat««i- ^j^^ court their application for widening the road, stating 
the then breadth thereof and the width to which they pro- 
pose to open the same *, and if they shall have made any 
agreement with the proprietors of the land as to compen- 
sation for land and fencing, shall at the same time submit 
it ; and if the court are satisfied of the propriety of widen- 
ing the road, and shall approve of the agreement so made, 
they shall make an order for widening the road, specifying 
the breadth to which it shall be extended, and confirm the 
agreement made, which order shall be final; and the 
Supervisors shall proceed to widen the road accordingly. 

rOT»?ot'thJI« ^^' ^° ^*®® "^ agreement shall have been made, or the 
freeholders to sossions shall not approve of the agreement, but shall be 
iobwqu'^t pro- Satisfied of the propriety of widening the road, they shall 
ceedings. appoint three disinterested freeholders, one to be nomi- 

nated by the Supervisors, one to be nominated by the 
possessors of the lands, or on their omission by the ses- 
sions, and the third to be nominated by the sessions ; and 
shall issue their precept to the three freeholders, directing 
them to lay oiOf 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 
prgceedings in reference to the widening of the road, 
whether upon appeal or otherwise; shall be bad in the man- 
ner prescribed by the 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. 
Width of roAd.. 16. No road shall be opened under the last three aeo« 
tions to a greater extent than sixty-six feet. 



TTTLB XI7.] BOBSCBIPTIOHS TO PUBUC VORES. 323 

17. Where any road in a township hag been open for Chap. 60. 
the aso of the public for twenty years and any doubt' or DiipntM — u> 
disDDte has arisen aa to the true line or width of Bucb road, "»« •" '^iith tt 
and the Supervisors of public gronndn in snch township «sttM. " 
sball deem it proper to determine such true line or width. 

they nhall be at hberty to proceed as in the case of widen- * 

ing roads under this Chapter and subject to the like terms 
of compensation. 

18. Sections thirteen, fourteen, tifteen and sixteen of ^JJ^'°^?g^ 
thii) Chapter shall not apply to the City of Halifax. H^f«"^ 

19. The provisions of this Chapter shall extend to roads ^^ "^^ 
upon which grants of moneys may have been made by the 
Legishanre, to roads which have been open for the use of 

tho public for twenty years, and to roads upon which 
statute labor may have been performed, except private or 
or pent roada whereon the statute labor may have been 
performed by direction of the sessions, but shall in no case 
apply to roadf which bare been nbandoned. 



CHAPTER 60. 

OF SUBSCRIPTIONS TO PUBLIC WORKS. 



I. Whenever any subscription shall be opened and sobwribmto 
nude in aid of the erection of any road, bridge, pla'se of R^bk'wiuioDt 
worship, school-house, or for any other undertaking oil^S^^S!^ '' 
public utility, or which may be designitted in the subscrip- 
tion list as or appears to be a public undertaking, and such 
isdortaking shall be commenced ; every person who may 
iiare engagud in written subscription to contribute money, 
labor, or otiier aid towards the undertaking, shall be held 
Itgally liiililu and bound to perform his engngements, 
notwithst»t)ding any apparent want of consideration in the 
agreement for the snme. 

S. In c^iso o£ public grants made in aid of auoh nnder-o™™i»^™«. 
taking, tlie coramissionur or other person appointed to pivWot at nb- 
expend such grant, or where no public grant shall be made, SSS^l"" 
then'thn porson to wiiom tlie performance or snperintend- 
«nco of sucii undertaking may have been entrusted or the 
pttr«an who may hirm^iill have eugitged in snd ba then 
carrying on such undert^xking, may require all persons who 
may have so subscribed tu perform their engagements; 
nni! in case any dubdcribiL>r shall, after a written notice of 
at least one month, rufu^e or neglect so to do, he may be 
sacd by snch commissioner or other person hereiobBfora 



324 PUBLIC 1IARKBT8. [PAKf 1. 

Chap. 61. meDtioned, or the person to whom such anbacription may 
be payable, as if such subscription were a private debt of 

pwTfi©. the like amount ; but nothing in this Chapter shall be con- 

stroed to bind or make liable the estate of the executors or 
administrators of any subscriber unless they be specially 
named in the instrument subscribed by him. 

S** how mSISu '• ^^^ moneys or other aid so subscribed and recovered 
shall be applied and expended for the purpose for which 
the same shall have been so subscribed, and for no other 
purpose whatever. 



CHAPTER 61. 

OF PUBLIC MARKETS. 



SS^TOn^"" 1. Public markets where now by law established are 
tirraed ; sessions confirmed, aud upon the recommendation of the grand 
^XSn, ^ jury; the sessions may establish new public markets, and 
may procure and fit up a market house as directed in 
Chapter Twenty-one, " Of County Assessments.*' 
*1I!it*offl^ »p- 2. The sessions may direct the days of the week and 
makeby^^B, hours on which public markets shall be held, ana may 
SntroST^^k^ts. appoint keepers of the market who shall also act as clerks 
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 pa}' 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 penal- 
ties for l)reacheB thereof, not exceeding two dollars for 
every offence. The keepers and clerks shall bring actions 
for such penalties in their own names, and shall be ooni- 
potent witnesses to prove the offence. 

StTwhowS^' ^' '^^® ^®"^ ^^ ^^^ siM& and standings in the markets, 
plied. together with the whole amount of the penalties recovered 

nnder the preceding section, shall be applied under Ibe 

direction of the sessions to the repairs of the market hooM^. 

^^^Jjrrod- 4. The keepers and clerks shall annually render their 

annua y. j^^^^^^^g j^ Writing to the sessious, to be by them audited ; 

and when approved they shall be filed by the Clerk of the 

Peace. 



TtnS XIT.] nBI9 AND FIBEWABIW, S2fi 

Chap. 62. 
CHAPTER 62. . 

OF ?IBKS AHD FIBBWABD8. 

1. The Bessions Hhall annually appoint such numbers of "^J|!^;^^ 
the inhabitAots of an; town as ma; be deemed necessary tSoniwd' »■*> 
to bo firewardti, who shall ba sworn to the faithful di»- 5rJn" ***" 
charge of their duties, and uhall have suitable staffs asaiga- 

ed them as badges of office- 

2. Tha extent of any towns for the purposes of this "J'^^^^^ 
Chapter shall be confined to tha limitn within which tbe^siL^ 
commisaionera of rtreeta have jarindiction, but may be 

altered by ths sessioos ; and the seesions may also divide 
the towns into different wards, and may appoint such 
limits where there are no commissioners of streets. 

3. Upon the breaking oat of a lire, the Grewards, Pinm^ tiMr 
taking their badges with them, shall forthwith repair to^^^^.""' 
the spot and use their utmost endeavours to extingvish 

and prevent the spreading of the fire, and to preserve and 
secure the property of the inhabitants, and may command 
the assistance of the iuhabitanta therein, and in removing 
property oat of any building actually on fire or in danger 
thereof, and to appoint gnards to secure and take care of 
the same, and may command assistance for the pulling 
down of buildings or for other aervioes relating thereto to 
prevent the further spreading of the fire, and to suppraas 
tQtoalta and disorders ; and ouq obedienoe shall he yielded 
ttf them for those services, and generally at such fires ; and SSSL^SSt 
to case of any disobedience of their orders, information Didsn. 
thereof shall within ten days next thereafter be given to a 
Justice of the peaoe, and ths ofTendar shajl be liable to a 
penalty not exceeding eight dollars. 

4. No peraon ehiill at a fire break open any building or jfi»'«^™ik. 
attempt to pull the mime dawn, or order others so to do, in||>°£Xnrt 
unless orders therefor flhail have been first given by th*^'^"*^ 
owner of liie buikiiog, or as previously provided ; and any 

Sirsoa violntiitg Uus provision shall lor every offence for- 
it a HUm not excoediiis twenty dollars. 

5. TliQ firewards i«li»ll from time to time report to the Dnwor a™- 
seasionn what number of laddera, hooks, buckets, bags, ?4impi^nto! 
ebatDs, ropes, axes and saws are required for service at 

fires, and the probuble expense thereof and of keeping 
the pame in repair ; and the sessions shall order such of 
them to be pmvided as they may deem necessary; bat 
«very fireward phall lie at all times provided with two 
laildors with hooks, mie ot whioh ladders shall be at least 
twouty.four feet in length, and the other at least eixtaea 
. fwl ID Looglli, oue fire book, two axes, one aaw, tw«Vv4 



326 FIBE8 AND FIREWARD8. [PABT I. 

Chap. 62. leather buckets, and twelve large bags ; which shall be by 
the firewards deposited in the most convenient places in 
each district, where, on the alarm of fire, the inhaoitanta of 
the district 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. 

^taSSto to^bT" ^' '^^^ district of which each fireward shall have charge 
nambered; oro- shall be numbered, and the implements in the last section 
inmiSemenSr mentioned shall be marked with the number of the district 
to which they belong: and within twenty -four hours after 
the extinguisiiing 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 eight dollars; 
and any person who shall use such implements except at a 
fire or on an alarm thereof shall forfeit a like sum. 
wi^<»»i»w 7. The sessions may appoint such number of firemen 
Sti«. ' for each town as they may deem necessary, who shall under 
the firewards have the charge of the fire implements here- 
inbefore 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 
implements and bring the same to the place where the fire 
shall have been discovered ; and i^all then diligently use 
the same under the direction of the firewards, in such way 
as may be deemed most useful for extinguishing the fire. 
Fireman ap- 8. One of such firemen to be appointed by the fire- 

lil^rdsto^Mv^^ wards shall have the power of a fireward in commanding 
powerof flro- assistanco in taking the fire implements to or from any fire, 
and a like penalty shall attach for disobedience of his or- 
ders as of those of a fireward. 
S>wS?Jiu!tS' ^' ^^^^ sessions may appoint as many fire constables as 
their dutiea. ' they may deem necessary, not exceeding six for each dis- 
trict, 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 sub- 
p^tytornc- duiug the fire, keeping order and preventing thefts ; and 
^ if any constable so appointed shall neglect to be swora 

into office within a reasonable time after being notified of 
his appointment, or having been sworn in, shall neglect his 
duty, he shall forfeit a sum not exceeding eight dollars. 

SnSieJJtor"' ^^* ^^^ general sessions for any county may hereafter 
firjeoginea. asscss- upou a district to be by them defined such sum of 
money as they shall think necessary, to be applied in pro* 
curing a fire engine with hose, fire buckets and other 
necessary appurtenances for such ilistrict,audalsosuchsum8 
as may be required from time to time for keeping tbesamd 
in repair; and such moneys shall be assessed, levied and 
coiiected. Such moneys shall be assessed upon hoaseBaod 



TITLI ZIT.] FIBBB AND nBBWABDS. 327 

baildings and every ddscriptina of inenrable personal pro- Ohap. 62. 
pert; within snch district, by assBBSors to bo appointed by Property iumc * 
such i^nenil sessions, at such times and in aiich proper- •"•■«■"*"; 
tions as sech general sensionA shall direct. 

tl. Sach assesjore stmll appoint one or more collectors coi]eaon:i»j- 
wlio shall collect aach moneys : and such moneys shall be ™^,'"''*"' 
collected and payment thereof enTorced in tlia same mrinner 
as coQiity rates are collected and their payment enforced. 

12. Snob collectors shall pay over the moneys by them Tohe [Hid u.- 
collected to the Connty Treasurer; and the County Trea- ™!"^J,iI^''"' 
sorer may maintain an action for monej had and received «»i'u»«ii«*or. 
against any of such collectors who shall not pay over the i 
moneys by him collectHd. 

13. Any collector or assessor who shall neglect to per-Forfeitiirtfor 
form the duties of his office shall forfeit a sum not exceed- msverjoi."'' 
ing forty dollars, to bo 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 cuch person. 

14. The sessions may from time to time appoint sich J^bim™.^" 
number of enginemen as may be deemed necessary, who dutfM. 

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. 

15. One of the enginemen, to be appointed by the fire-Bnginemui •?- 
wards, shall have the power of a fireward to command any Silj^"^^" 
necessary assistance in taking the engines to and fromP^^"'*^ 
fires ; and any person refusing to obey his orders therein 

shall be liable to the same fiue as hereinbefore imposed for 
disobeying a fireward. 

IS. Firemen and enginemen shall be exempted from Pinmen ud cn- 
the pertormiioce of sliituto labor, except in rospect offijJSdi"^ 
_ cattle and toamii and of assessed property exceeding one "^jJl" P""^'" 
tbouBand dollars, and from serving on juries and in the office 
■of coustable ; ami iliase exemptions shall extend to persons 
who shall iiAVii actiiiilly served as firemen or enginemen 
iora period of sixteen years, and shall have obtained a 
fiertiScate nf sucli service from the captain or lieutenant of 
tile company, countorsigntid by the secretary. 

17. Upon any vacancy among the firemen or engine v™oi«. how 
men the same shall be nt once reported by the captain to "'' 

the sessions, that the vacancy may be supplied. 

18. The Brew II nls may nominate and license chimney Ohtmney nmr- 
sweepers, and if any person shall act in that capacity ™i;,m^*'^ 
without being so licenced, he may on a summary convic- 
tion lliureof before ^l jiietice of the peace be imprisoned 

(or a period not exceeding one month. 

13. Licensed chimney sweepers stial) enter into bondft (Mimin nn^ 
•=^two »B*w//a«_ to be approved by the firewarda, iot'"*"*'"^'^ 



328 FIRES AND FIBEWABD& [PABT I. 

Chap. 62. porforroing. their dutioH during the term for which they 

may be appointed, and for conforming to the regulationa 

of the firewards in reference to the sweeping oi chimneys ; 

Penaitv for Be- and, in caso of neglect or refusal to perform their duties 

gleet of duty. qj. ^q comply with such regulations, they shall forfeit for 

every offence not less than one nor more than four dollars ; 

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. 

Fines for ne- 20. The fircwards may make regulations respecting 

tionsrenp^uig the times and mode of sweeping chimneys; and if a fire 

ohimBeyl^' ^hall happen in any building or chimney so as to create 

alarm or to endanger the neighboring building^, 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 two dollars, 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 twenty dollars. 

Power of ftre- 21. Any two fircwards may demand admittance into 

warcU to enter imi« i '^i i i^ii- ^i 

buUdinfffiand any builomg wherein they have reason to (>elieve there is 
"il??t1n^'dIIiKe^*^ ^"y dangerous chimney, stove, stovepipe or funnel; and if 
roiw chimneys. j,j their opinion the same shall be dangerous, they shall 
order it to bo altered or removed in such manner as 
they shall direct ; and if their directions shall not be com- 
plied with, the firewards shall cause such removal or 
alteration to be made at the expense of the occupants of 
Peniitit-sfor ro- tho building. If any person shall refuse admittance to the 
Iron?***^ "^ firewards while acting under this section, or shall not make 
the removal or alteration by them directed, he shall forfeit 
a sum not exceeding eight dollars, to be recovered« to- 
gether with the expenses of removal or alteration in the 
name of the firewards or any of them, and in default of 
payment the offender may be imprisoned for a period nol 
exceeding ten days. 
Power to remove 22. If auy two fircwards shall consider it proper to 
rS^^"'"'* "****^^" inspect the placing or situation of any combustible raate^ 
rials, they may demand admittance into any building or 
place for that purpose ; and if they shall deem the same 
dangerous 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 
^md. how en- pcrsou Shall rcfusc admissiou to the firewards while acting 
forced. under this section, or shall not carry out their orders, he 

aball forfeit eight dollars iu addition to the expense oi 



'tTLB XIT.] FIXES AKD FIEEWABDa 9W 

arrj'iDg oat (be direction of the firevarda, to be reoovered GaiP. 6%. 
a tbe name of tbe firewarda or of any of them j and if the 
lenalty and expenses shall not be paid with oosts, the 
ffender may be imprisoned for a period not exceeding tea 
&ya. 

23. No person shall keep at anyone tinae in uny one '^-^jlaw re- 
lace within the limits of the firawards, or in any veBsal or ^^n. '""' 
oat for more titan twelve hours after she has reached any 

rbarf within the limits, more than twenty-fire pounds of 
:anpowder ; and if soy person shall violate the provisions Peniutiet ud 
ereof he shall forteit one dollar for every poitnd of such S^t?°'"°°" 
;nopowder over twenty-five pounds, to be recovered in 
be name (if the firewards or soy of them: but this pra> 
'isioD shall not extend to any vessel or boat beloQginK to 
ler Majesty wherein gunpowder may be kept for poolio 
rarposes ; and all prosecutions hereunder shall be oom- 
aenced within three months after t!ie offence shall be 
xtmmitted. 

24. Any justice of the peace upon complaint on oath "JSJ^tJ^ 
>ya fireward that be has reaaonabJe cause to suspect that ksoopaata 
iangeroua (juaQtlties of gunpowder are kept in any place Bn^uquBUUm 
lontrary to the provisions of the last seotiun, may iasue his p„Sill!II^' 
Tarrant to search therefor in the day time ; and if admit* tiier«wid«r. 
raoce under the warrant shall be refused, and such refusal 

ibatl be made appear on oath, the justice may grant a 
'nrtber warrant to break open the place where such gun- 
wwder is supposed to be deposited: and if upon any 
learch a greater quantity than twenty-five pounds of gen 
powder ahall be found, the fireward may seize and sell 
loch excess at public auction, and the proceeds shall be 
iliplied for the purposes of this Chapter. 

S5. The MBBwns may make regulations to prevent thBB™'™**^™^* 
wcnrrence, increase or spreading ot nres, and to preveDttinuflrH. 
ite uDueceitBary ringing of fire hells, or the destruction 
thereof or of their appurtenancea, and ahall have the man- 
tgement and control of lbs engine men and firemen, and 
wy increase or diminLth their numbers ; and shall have 
^neral [>ow6rs for tlio diis carrying out ot the provisions 
>f this Chapter, and m^y affix penalties for breach of any 
woh regiiliktions. not exceeding eight dollars. 

26. If any person ahall wilfully destroy or injure any ^V"!^"'*? 
poblic well or pump or firo plug, or any engine or fire im- 
plements within the limits to wLiich this Chapter extends, 

he shall forfeit twenty dollars ; and in default of jjaymont, 
And no eSectn being founul whereon to levy, may bo impri- 
soned for not more than ton days. 

27. The firewiirds shall annually appoint a chairman ^U^"^^,""*" 
who shall act as treasurer of the board, and shall submit poi..ud; oa£, 
^ accoaatii annually to the firewardd to be audited and ^^^■'^ 



330 FIBES AND FIREWABDS. [P 

Chap. 62. signed by thero, and sabinitted to the sessions for exa 
tion and approval. 

^"iaS»!" **' ^®' '^'^ penalties recovered hereunder shall be a] 

under the direction of the sessions towards the parch 

and keeping in repair of engines and fire implement 

the sinking and keeping in repair of pumps and well 

Fireimpie- generally in carrying out the objects of this Chapter 

SS?ind w?^ th® sessions may at any time direct new engines an 

p******* implements to be procured for any town herein ment 

which may be within their jurisdiction, and new we 

Bzpeiues.how be suuk and pumpn placed therein ; and the exp 

tov^ndooi- iji^Q^QQf j^ij^j Qf keeping them or those already in u 

repair, and all such further sums as may be requisi 
the purposes of this Chapter, shall be assessed, levie 
collected within the limits of the town where theexp 
shall be incurred, in the same m.xuner as poor rate 
assessed, levied and collected, and shall be paid over 
County Treasurer to be applied under the direction € 
sessions for the purposes contemplated. 
Fr^^ngBon 29. Whenever any building or property shall be in 
t«ori^o£fin8.or destroyed by fire and the cause or origin thereof 
not be known, the Mayor of the City of Halifax withii 
City of Halifax, and the Custos or any two justices o 
peace in other parts of the Province, shall cause an i 
tigation to be made to ascertain the cause or origin o 
fire : and the same shall take place before the Mayor o 
or more aldermen in the City of Halifax, or before iw 
more justices in other places, who shall have pow 
enforce the attendance of such persons to give evic 
before them as they may require by summons or wa 
under their hands and seals, and to examine them i 
oath ; and the proceedings and all depositions conn( 
therewith shall be returned to the Prothonotary o 
Supreme Court of the county where the fire has 
place and be filed by him in his office. 
Firewardde- 30. The word ** firewards '' when used in this Ch 

shall include one or more of them, unless otherwis 
pressed or repugnant to the context. 



TTTLS Ilfr.] TEAHSPOETATION OF QDSPOWDBB. 



CHAPTER 63. 

OF THE DISCHABOE OF FTBEARIIS AND PmBWOBES. 

1. If an^ person ehall knowingly and uDnecesssrilydis-PiMfordnw- 
cfairge any firearms witliin the City of Halifax, or within aS^J'tn- 
aor town or village, or within one hundred yards of any"™- 
persoD riding or driving, he ehall for every offence forfeit 

t«o dollars on summary convictiou before a justice of the 
petce ; and in default of payment shall be imprisoned for 
twenty-fonr hours. 

2. If any person shall wantonly throw any fireworks, or wdb larimpn- 
p«rmit the same to be thrown, into any street, thoroughfare S^^c^ni- 
ornusage, or into any building, or shall make any bonfire ^ing'™'™' 
mthiD one hundred yards of any building, he shall fur 

atery offence forfeit eight dollars, and in defaalt of pay- 
nwnt Bball be imprisoned tor a period not exceeding four- 
IMD days. 

3> Prosecutions under this Chapter mnst be comtnencod f 
within eight days after the offence committed. d 



CHAPTER 64. 

op THE TBANgpORTATION AND 09E OF QONPOWDEB. 



No person shall convey by land more than one ton '^"^^^ ot 
Mpowder at one time, f^ai!^^^^ 

1 More than fifty pounds of gunpowder shall not be ^"'^S°"ita'^ 
Jid in any one cikrt to be land-borne, unless the same aaeout?' 
Bbe completely covered with woollen or hair cloth, ex- 
f9 of the package and the covering of the carriage. 
' No carriage conveying gunpowder shall be stopped *?■"""" 
Hlan twenty rod^ frnni any dwelling-honse. 

glfo iron, steel or metallic substance, other than cop- ""'^"J'*"" 
f^s on the cask^, aiiall be placed on any oarriage, to-t?c^with 
f with any quantity of gunpowder exceeding fifty p"*"- 



No gnnpowdor exceeding fifty pounds shall bo placed J^^ 
"■■ny carriage, but in barrels, half j)arrels or quarter howMwirwi i 
Wis, tight and well hooped with wood or copper hoops. "'"**■ 

6. So more than twonty-five pounds of gunpowder shall Qomtito on 
Ik carried from one place to another an less the package be pmnSibciv 
'tllbooped and sufficiently wrapped with woollen or hair"""'*'" 



332 BURNING WOODS AND MAB8E88. [PART I. 

Chap. 65. T* If any person shall offend against the preceding pro- 
Forfeiture* for visioDs of this Chapter he shall forfeit for every oSence a 
offences. guni not exceeding eighty dollars. 

SSdStolr'S?" 8. Nothing in this Chapter contained shall affect the 
^wtynotaf- carriage of gunpowder for Her Majesty's service. 
ProMutioM In ^' Every person who shs^ll blast rocks with gunpowder 
iMSlSfeJoBM ^^ *"y place within one hundred feet from any streeti 
Htreec^Ac highway or thoroughfaro, sliall uso the most careful pre- 
cautions in giving notice thereof, by blowing horns or 
otherwise previously to each explosion ; and shall limit th0 
quantity of powder to be used, which must not in any case 
exceed eight ounces in any bore, nor explode more than 
three bores in any one blasting, and shall cover the spot 
about to be blasted with a sufficient quantity of bushei, 
timber, earth, stones or other materials, to deaden the force 
of the explosion. 
fi!^^^^'^^'" 10. Every proprietor, contractor, builder, workman or 
laborer concerned in any such blasting, shall, in case of any 
neglect of the provisions in the foregoing section, be 
liable to a fine of not less than two dollars and not more 
than twenty dollars, to be recovered on the prosecation o 
any person sueing for the same ; it in the City of Halifax, in 
the police court ; if elsewhere, before any one justice of the 
peace, with costs ; and in case of non-payment shall 
liable to imprisonment for a term not exceeding one da 
Person blasting for cvcrv dollar of such fine ; and every person concerne 
fordAma^r ^ in SO blasting rocks without proper precaution shall 

responsible in damages to any person who may be injure 
thereby. 





CHAPTER 65. 

OF BUBNINO WOODS AND MAB9HS8. 



Sessions to make 1. The sessious shall make regulations for preventing'**' 
b^i^g^w^, damage by setting fire to and burning woods, underbrush^ivi^ 
marshes, &c. ^^j marsli lauds, at unseasonable times, and shall affr::- 

penalties for broach thereof not exceeding eighty dollars. 
Limitation of 2. Prosccutions uudor this Chapter must be oommenoed 
prosecntions. ^jt^jn ^^rec mouths after the oBFenco committed. 

Imprisonment 3. If any persou convicted under this Chapter shall qot 
f»*TOto?°' P*y *1^® penalty and^osts, and shall have no goods wher^oo 
goods. a levy can be made, he may be imprisoned tor a term not 

exceeding one day for every one dollar of the amount ft 
the judgment, unless the same shall be sooner paid. 
offenderiiabie 4. Any persou violating the provisions of thid Chfi^ptilf 
fordnmageB. ^j^^jj ^^ liable to the pcrsou injured for all damage re^ol^ 

jDg from such violation. 



TRLI ZIV.] 



CHAPTER 66. 

OP THE C0N7ETIK0 OF TIMBBB AND LnVBBft Oft BITEBS AlTD 
TBB BEHOYAI. OF OBSTRtJOTtONS TBEREFROH. 

1. Upon the written application of twenty freeholders o 
reddeot is the neighNirhood of any rivar or owniDff lands ^ 
tbereon.oriutorsstedin rafting and driving logs, timber and "' 
lamber, or conyeying wood or other articlen down snoh river, 
setting forth their deeire that commiBsioners should be 
upointed for clearing and removing obstrnctione from such 
nver, which application shall be first rend at the sessions 
and approved of by the grand jury and nessions, who shall 
in snoh oases establish the points in the river between 
which the powers of the commissioners shall be limited, 
the Clerk of the Peace shall return snch application into the 
Provincial Secretary's office, with a certrFicate of snch ap- 
moval and the limite so established ; and thereupon the 
ttovernorio Conncilmay appoint three or four commission- 
«n for the purposes of the five sncceediug sections of this 
Obapter. 

i. The Commissioners appointed by the sessions may pc 
TSiDove from the river all obstructions within the limits of™ 
tbeir aothority, and may erect wing-dams at luch places 
and in snch manner as they shull see fit, and do all other 
■Ota neoessary to facilitate the passage of logs, timber, 
Isnber, wood and other artioles down the river, and (or 
that purpose may enter upon public or private lands, doing 
■b unneoessary damage ; and the commissioners may make e 
ngolations to prevent obstruction to rivers by the throw. 
ilg or falling into them of stabs and other refuse wood and 
Mwdn.-^t froiti saw idIIIb ; and the sessions may impose pen- Fsuitiet. 
■Itiea lor tbo viutation of such regulations, and may direct 
the method of recovering the same. 

3. The commissiuiiors may borrow, upon their own camrnWoBcn 
sredit or opou the crwdit of the tolls arising as hereinafter SStj!"' 
aentionod, such sums of money not exceeding four tlioU' 

Mwd dollars in the whole, as may be necessary for the pur- 
poms of their appointment. 

4. When the uiidurtaking is completed the commis-iMiitobintii 
liuners muy coilect a toll of such amount, and in snch'^'JSto^'"' 
Planner and under sucli regulations for enforcing payment 

•hereof as the sessioiid [uay from time to time direct, upon 
logs, timber, Inmber, wood, and other article« brought 
down the river within thoir jurisdiction, and shall apply 
Hba tolls to the payment of the amount borrowed with 
interoHtjbut no toll shall be levied after the amount is 
U%tudiUo(L 



334 BIYEB8. [PART I. «i- 

Chap. 66. S- ^^^ commissioners shall annually Babmit an acconot 
AooountB Mb- of their expenditure and proceedings, and of the tolls col- 
mitted ^°°^^7 locted, to the sessions for andit ; and when approved it shall 
tbfsMions. ^ be filed by the Clerk of the Peace, 
opeimtionof g. Nothing herein contained shall be construed to 

chapter reBtnot- o, . , • • i . * # 

(Ml. sanction any claim on the provincial revenue m respect of 

the moneys 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 expressl 
provided. 
25d*to?Sr^ 7. The sessions shall, when necessary, make regulations 
rrguutiooB. 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 sid^ 

of the river, and the times of continuing such booms, and 

for preventing the booms from obstructing the navigatioi 
of the river, and may fix the rates of boomage that ahali 
be paid to the owners of the booms on articles secu 
thereby, and the manner in which such boomage shall b( 
collected and applied, whether for the repair of the boomi 
or the use of the owners thereof, and also as to the takin^ 
of articles from one boom to another ; and may appoin 
persons to take charge of the booms and collect sucr 
moneys as may be due under such regulations; and ma, 
impose penalties for breach of such regulations of not le 
than eight dollars nor more than forty dollars: but nothin 
herein contained shall authorize the removal of anv mil 
dam. 
bitroSghtX?^ 8. Persons may bring logs, timber and lumber dowirm 
ri>era under reg- rivers, in reference to which such regulations have beei 
made ; provided they shall in all respects conform to tb 
regulations and do as little damage as possible to tb 
owners of the soil adjoining. 
Dcftnitionof the 9. The word " river ** when used in this Chapter sha.^' 

word river. . i i i. • • a • * 

include streams running into any river, 
xottooontra- 10. Nothing herein shall be construed to contraveiv>< 
.-ene Canada ^^^ legislation {intra vires) of the Parliament of Canada 







nn.B sir.] public exbibitiokb. 33S 

Chap. 67. 
CHAPTER 67. 

OT PUBLIC BSHIBITlOSa. 

1. The clerk of the license, with the consent of two umdh for nu 
joBtices of the peace, Bhall grant a licenHo to any person J^^l*""*" 
Applying, for holding any show, play or public exhibition, 

upon such person pnying a euni not exceeding five dollars 
nor less tbau one dollar per day, nt the discretion of the 
officer granting the license ; the money to be paid for such 
license before the granting thereof, nnd to be paid for every 
day for whicj the license is granted, to be tbereio ex- 
pressed, which license shall not be operative oat ot the 
coaiity where granted. 

2. It the clerk of the licenses shall be absent or shall wban dark or 
reside more than five miles from the place where it shall twu^uSZ* "" 
be intended to hold the exhibition, two justices may grant *"°*' 

fucb liceaBe,andflrand subject tothu payments, restrictions 
and regulations in the first section mentioned ; and they 
shall within thirty days after granting the license make 
retara thereof to thb clerk of the licenses, and at the same 
time (my over the amount of duties received therefor. 

3. The clerk of the licenses or justices granting any fss on gnnibR 
soob license shall be entitled to receive therefor a tee of "°°*°' 

fifty cents. 

4. If any person shall hold any show, play, or pablicnoaforMhibi- 
exhibition wituout previously obtaining a license, he shall ^"^'^j^^^ 
jfbrfeit twenty dollars for every day the same shall be held ;*<*'>' 

to be recovered m a summary manner before two justices 
of the peace, and to be by tlieni within thirty days after 
Tsceipt paid over to the clerk of the licenses. 

5. The clerk of tha licenses shall, within ten days before oierk oi rcnuw 
every sitting of the sessions, pay over to the County Trea- " ^'■'"'^"'"•' 
vtnr for county purposes all duties and penalties by him 
WCeived nnder tliis Ohapter. 

S. The provisions of this Chapter shall not extend toC'traradKu 
U.CityotH.lifaJ. •""""* 




SS6 8TBAT BOSSES AMD CATTLS. [PAfi 

Chap. 68. 

CHAPTER 68. 

OF STRAY HOBSES AND CATTLE. 

Stray horaeB. cat- 1. Whenever between the first day of November 

Sk«St wiui.*° ^^^ ^^®^ ^*y of ^^y *"y horses or cattle or any swim 
sheep shall stray into the yard, barn or enclosare of 
person, or be astray and on the premises of any persoi 
whom the owner thereof is unknown, snob person : 
detain the same ; and if not claimed within twenty* 
hoars he shall forthwith thereafter transmit to the t 
clerk of the township, or, if the place be not within 
township, then to the town clerk of the adjoining t< 
ship, a description of every such animal, with the a 
siee, ear-mark if any, age, and particular marks thei 
so as the owner may be enabled to recognize it by 
description ; and shall at the foot thereof write a notic 
the time and place of finding such animal, and also 
place where the same is detained, 
ivmn clerks 2. The town clerk shall file the description and no^ 

tinty and fees, an (J post up a copy thereof in his office and in three 
more public places in the township for at least ten ( 
after he has received the same, for which services he e 
be entitled to a fee of twenty cents for every animal. 
Proceedings 3. If no pcrson shsll claim the animals within ten c 

^^J^iJ^^I**"*" after such notice is posted up, the finder may apply 1 
justice of the peace, who, upon proof of the notice hai 
been duly posted, shall, by order under his hand, di 
any constable to sell the animals ; and the constable & 
forthwith sell the same, having first given notice by ad 
tisements posted in three of the most public places wi 
the township or settlement for at least six days. No 
shall, however, take place between the thirtieth of A 
and the first of December; but in case there shall not 
sufficient time after the receipt of the order to advei 
the sale for some day before the first day of May, 
constable shall not proceed to sell until after the thirty- 
of October. 
Application of 4. After deducting from the proceeds of sale five 
proceeds of sale. ^^^^ j.^^ the constablc for his services in advertising 

selling, and the reasonable expenses of keeping the 
mals, together with the town clerk's fee, the balance c 
be paid to the overseers of the poor for the place wl 
the animals were found, to be applied to the use of 
poor thereof, unless claimed by the owner of the anil 
within twelve months after sale, in which case it slial 
paid to the ownen 



TITLS ZIV.] AN1HAL8 OOINGI AT LABGE. 387 

5. If the owner shall claim his property before sale, be Chap. 69. 
Bhall be bonnd to pay the finder his reasonable expenses i^p^ku^ — 
of keeping, and also the town clerk's fee, and if advertised ^^^,^S^^ 
the reasonable expense of advertising. uJs. 

6. If any qneation shall arise between the owner orDiipnt* u to 
overseers of the poor and the finder, oither reapeutingp^™, I'lSirKt- 
ownership or expenses of keeping; either of the parties'''^ 

nay apply to two jnatices of the peace, who shall deter- 
niae the matter and make Bucb order therein as may 
appear jnst. 

7. If any person who may have detained any snch FinafordetiUii. 
stray animal shall not within a reasonable time transmit plS^^n^l'l!^ 
the description and notice to the town clerk as hereinhe-i^Jjjd*'*'*"'^'' 
fore directed, he shall forfeit for every horse or head of 

cattle not more than eight dollars, and for every bog or 
sh«ep not more than four dollars. 

8. The saasions of any county or district may make re- s«sioa.«nf 
gaiattons for preventing or regulating the going at large ii^MlIIS^i 
of horses, cattle, or shaop, and may affix penalties for the p"""""- 
breach of any ancb regulations, not to exceed ten dollars, 

and may also appoint cattle reeves. 

9. The general or any special sessions of the peace for ssi^Dutanuiie 
any county or district may make bye-Iawa to prevent the ^Jji^'^.'^^^ 
rnniiing at large, on any public street, square, common or 

other public grounds within such county or district ol 
mj horses, assea, mules, cattle, shnep, or swine, and 
may affix penalties therefor, with powers of confiscation, 
lorieitnre, and sale, if considered necessary. Such by^-lawa Limiied. 
nay, if deemed advisable, be made to apply to particular 
portioDU of conntiea, districts or towasbipa, to be set off 
Df proper descriptions and boundaries. This section shall 
I not apply to the City of Halifax. 



CHAPTER 69. 

OF THE GOING AT LARRB OF CEBTAIM ANUIALB. 



1. The aeasions shall make regulationa for preventing f"*"*™^ 
the going at large of infected horses and cattle, and tbempMtSgia 
spreading of distempora among them, and also as to thejj^^*' 
going at large of dogj, awine and of vicions animala and of 
geese, and Bball affix penalties for breach of any such re- 
gnlationa, which penalties shall not exceed, aa reapects 
uorees and cattle, twenty dollars, and as respects dogs, 
CTrioe and geese four dsllars. 



338 



SEA HANUBE.— COASTING ON HIGSWAT8. [PABT I. 



Chap. 71. 2. If judgment be given for any such penalty and the 
iinpriaonment ~" <J©fondant shall not pay the same, and shall not have goods 
forwantof gooda wbereon the same may be levied, he may be imprisoned 
top«y e. ^^^ ^ period not exceeding one day for every one dollar oF. 
the penalty. 



CHAPTER 70. 



Besrioos may 
make r^^la- 
tions respecting 
aea manure. 



Prit-ate rights 
not affectra. 



OF THE GATHERING OF SEA MANITBE. 

1. The sessions may make regulations with regard tea 
the collecting and taking away of sea manure which may" 
be driven by the sea and lodged upon the shores anfl 
beaches ; and if any person shall transgress such regula* 
tions, he shall for every offence forfeit a sura not exceeding^ 
eight dollars. 

2. Nothing in this Chapter contained shall extend 
take away or abridge any private rights or interests 
any of such shores or beaches. 



CHAPTER 71. 



OF COASTING ON HIGHWAYS, ROADS OVER ICE, AND GU 

BOARDS. 



Sessions may 
make regula- 
tions respecting 
coasting. 



Parents and mas- 
ters responslblo 
for penalties. 



Sessions may 
make regula- 
tions respecting 
tracks and roads 
over the ice. 



1. The sessions may make regulations for preventin 
persons from coasting, skating or sliding on the snow 
ice down the hills on highways or streets ; and may impos 

a penalty not exceeding one dollar for breach of an^ 
such regulation. 

2. The parents of minors and the masters of apprenticed 
who shall transgress any such regulation shall be liable t^ 
the penalty therefor. 

3. The sessions may make regulations for ascertaining 
the safest track for roads over the ice on harbors, rivers ^ 
creeks, lakes or bogs, and for putting down or continaing 
bushes or other marks for defining the course of aaob 
roads, and to prevent the removal or destruction of eoch 
bushes or other marks ; and may affix a penalty for breaolp 
of any such regulations not exceeding four dollars for eaob 
offence, which shall be applied, one-half to the persoD iuie^ 
ing; and the other half for county purposes. 



IITLB zrr.] TAXATION OF DOOS. 839 

4. The expenses incnrred id putting down, continaing, Chap, 72. 
repairing and protecting such marks, shall form a county bii«i«i, how 
charge. p*'"*- 

5. Whenever the general sessions or a special sessions odIiIs bmrdi, 
called for the porpoae, shall, by order direct that guide''™*™'*'' 
boards shall be erected on any public roads within their 
respective counties, and shall specify on what roada and 
branchings and crossings thereof such guide boards shall 

be erected, the surveyors of highways and road commis- 
sioners shall thereupon erect or set up, and afterwards 
keep and maintain all such guide boards within their re- 
spective districts. 

6. Every such guide board shall have an arm corres- oaids baud to 
pooding to each road at the branching or crossing whereof ^o"J23,'iritii 
it is erected, on which arm the name and distance of the"™"-*"- i 
place to which such road leads shall be painted on a white 

sproond in black letters and figures at least two inches in 

WDgth. 

7. Surveyors of highways and road commissioners may ■[■inteiunn, 
appropriate so much of the statute labor or of the statute ""^^ 
labor fund of their district as sfaall be sufficient to erect sud 
maintain thereon the guide boards required by this Chapter. 

S. Surveyors of highways or road commissioners ptati^toraa- 
neglecting to erect and maintain within their district the gJj^'^ig^'JJ^l 
gnide boards required by this Chapter shall pay a fine not »<i- 
exceeding ten dollars, to be appropriated oue-halt to the 
road fund and one-half to the prosecutor. 



CHAPTER 72. 

0? THE TAXATION OP DOGS. 



^^Hp, The sessions upon the recommendation of the grand seodoiuniay 
^^^W may make regulations relative to the taxation of dogs, uo*u^>^ 
^^Bfmay fix the ainuunt to be paid annually by owners of '"""™°'^' 
^^^Hta, Dot exceeding one dollar for each dog; and such 
^^^HUBttons shiilt bo published throughout the county for 
^^Hbilftye before they shall come into operation. 
H^B^ I^go found chasing or worrying sheep miiy be killed; Dogi lAuiat 
" imd the owners of MUch dogs shall have no right of action l^S.'"*''" 
kgain^t the persona killing the same. 
3. The owners of dogs that have been found chasing FDuityapoi 

Lor worrying sheep shall he liable to a penalty not exceed- "'°"*' 
lag tw«lt6 dullare, if on being notified of the fact they con- 
_tiDae to kllow such dogs to go at large. 



340 BIRDS AKD AinilALS. [PART I. 

Chap. 73. 

TITLE XV. 

OF CERTAIN BIRDS AND ANIMALS, 



CHAPTER 73. 

1 

OF THE PRESERYATION OF USEFUL BIRDS AND ANIMALS. 

Vopenonthau 1. No person shall tako orkill^or attempt to tako or kill, 
^^MMMion *°y partridge between the first days of January and Sep- 
iteitridg«, wood- tember in any year, or shall sell, buy, or have in his posses- 

oodc or snipe <rat , ^ » t , t i mi i i * ^t • i i 

of Nawn. sion, any partridge so taken or killed, between the said last 
mentioned days each inclusive, or shall take or kill, or at- 
tempt to take or kill, or have in his possession, any wood- 
cock or snipe, between the first days of March and Sep- 
tember in any year. 
Fine for offence. 2. Every offender shall forfeit two dollars for each oi- 
fence ; and the killing, taking, or having, as aforesaid, each 
partridge, snipe, or woodcock, shall be deemed to constitute 
a separate offence. 
Mooee and cari- 3. No ouo porsou during any one year or season shall 
may beTiii^^ kill moro thau five moose or caribou ; and no person shall 
NosnareB g^^ traps or snares for catching moose or caribou, 
icooseknied. *• No persou shall kill, or pursue with intent to kill, 
*«•' o"Jy*Hr*°« any moose, save only during the months of September, 
and Dec ' *^^" Octobcr, November, and December, or shall expose for sale, 
or have in his possession, any green moose skin, or fresh 
moose meat, save only in the months aforesaid, and the first 
caribon onw be- five davs iu the mouth of January ; and no person shall 
Mds^ *^^ l^'^'t ^^ pursue with intent to kill, any caribou oetween the 
first days of March and September inclusive in any year. 
Fieahtobecar- 5. Any person or party of huntsmen who may kill 
Iroo<£I*wiUiin moose or caribou shall carry the flesh thereof out of the 
what time. woods withiu three days after killing the animal, during the 
months of September and October, and within fourteen 
days thereafter during the months of November and De 
cember. 

Penalty for Tio- 6. Any porsou violating any one of the three next pre- 
fast^w^io^!^ ceding sections shall be liable to a penalty of not less toan 
twenty dollars, nor more than fifty dollars for each offence ; 
to be recovered by any person who may sue for the same. 
And in case the amount of such penalty and costs be not 
paid, and the defendant in such prosecution be committed 
to jail, he shall not be admitted to the benefit of Chapter 
1^7 of the Revised Statutes, Third Series, relating to intol^ 



7ITLB XT.] BTBDB AND ANIUALS. 341 

vent debtors, until after an imprisonment, without jail Chap. 78. 
limits, of one day tor each dollar of such penalty and coats. 

7. The export from this Province of moose or caribou Biporto(mo«» 
hides is hereby prohibited and unlawful ; and tlie hides p^^JjJIJS.'''*" 
attempted to be exported »hall be fbrteited ; and the owner 

or person attempting to export the SFime shall, on convic- 
tion, be liable to pay a sum not to exceed five dollars on 
each hide, to be recovered in the name of any prosecutor 
in a summary manner before two justices of the paace, 
and, when recovered to go to the prosecutor. 

8. Any justice of tlie peace, constable or revenue ofS- ^i"^^!;"" 
cer may seize hides attempted to be exported under baw£^it7^ 
section seven; and it shall be the dnty of a justice of the *"' 

peace on information on oath before him to issue a warrant 
addressed to any constable or peace officer to seize and 
Becurs hides so attempted to be exported; and, if theit notabumad. 
same are not claimed and proved to the satisfaction of the 
justice tsauing the warrant not to be liable to forfeiture 
within ten days after the seizure, they shall be sold at 
public auction. 

9. If the claimant be dissatisfied with the decision App«a to tb* 
of the justice he may appeal to the Supreme Court; and ""p™" '*™'- 
tbe appeal shall be heard and determined in a summary 

way by any of the judges of such Court. 

10. 'the party appealing shall give a bond with guffi-Band. 
cient sareties in a penalty of fifteen dollars for every akin 

lo eeisied as aforesaid, conditioned for the performance of 
the judgment of the court of appeal. 

11. The proceeds of the sale under sectiou eight shall, Prooeedaot Mia. 
«tter deducting the expenses of the sale and justice's fees, 

be paid to the informant er officer who seized the hides. 

12. No snares shall be set for hares between the first »aflumfiir 
d>j8 of March and September in any year, under a penalty lAlLnh ud 
of two dollars for each offence; and ail snares shall be^'**"'"' 
taken up during tho aforesaid close season, under a penalty 

of two dullars for each suare not removed by the parties 
settiug the same, on or before the first day of March, to be 
recovered in the sams manner as in the seventh section. 

13. It shall not be hiwfnl for any person to take or kill ^'"*'^*^^'° 
within this Province any pheasant, or to buy, Bell or havejto. 

io bis possession any dead pheasant that has been ao taken 
or killed. 

14. Any dead pheasant found in the posaesaion of anyFiHiuai 
person within thir^ Province shall be presumed to have' ** 
been taken or killed by such person contrary to this 
Ohapter, until proof to the contrary be given by each 
person. 

16. No person shall take or kill the otter, the mink or (^'"'■°'°^''^ 
Uie mgaqOMb, between the Srat day of May aad the fiTsl^AT^^ 



342 BIRDS AND ANIMALS. [PART I. 

Chap. 73. ^^7 of November in any year ; and no person shall take or 
kill any other animal, valuable only for its fur, between the 
fifteenth day of March and the fifteenth day of November 
in any year. 
taSSof'thiw^ 16. Every person offending against the three next pre- 
preoeding Beo- ceding sections shall for each such offence forfeit a sum 
^^^^ not exceeding eight dollars, to be recovered in the same 

manner in which similar amounts are now by law recover- 
able, and to be appropriated to the use of the prosecutor. 
BeMioiMmay 17. Jjo pcrson shall set any snare or trap for the 
prciervation of destruction ot moose ; and the sessions may make orders 
nioc»e,Ac £^^ ^^^ preservation of moose and for preventing the set- 
ting of snares or traps for catching them, and may aflSix 
penalties not to exceed twenty dollars for the breach of 
such orders respectively. 
Snares dca- 18. Any persou may destroy any snare made or existing 

*~^ ' in violation of such orders. 

^^'*'fln«*nit ^^' ^^ ^^® penalties incurred under the first and second 

^d. sections be not paid with costs, the offender shall be com- 

mitted to jail, there to remain one day for every one 

dollar thereof, or until the amount be paid. 

£!"2Siawf "' ^^' ''^'^^ killing of robins, swallows, sparrows, and other 

small birds, and birds of song, which frequent the fields 

and gardens, and the selling and offering tor sale, and the 

having in possession, of such birds, when killed, shall 

hereafter be unlawful. 

Penalty. 21. Every person offending against this Chapter, by the 

killing of any such birds, or the selling, or offering for 

sale, or having in possession, of the dead bodies of any 

such birds, shall, for each offience, forfeit one dollar, in 

addition to the sum of ten cents for each of such birds 

Beooveiyof. &c. killed, sold, offered for sale, or had in possession, to be recov> 

ered by any one who will sue for the same, in the same 

manner as debts of a similar amount are now recoverable, 

and to be appropriated to the use of the prosecutor. 

Bxoeptiona. 22. This Chapter shall not apply to birds killed for 

preservation, as specimens of natural history. 
Anyperaonmay 23. Any porsou may catch alive at any season of the 
biSdiSg."*" '°'year any number of minks, for the purpose of breeding 
and preserving them in any box trap or any modification 
of the same. 
Tobe personal 24. Hereafter minks when caught and kept under the 
property. authority of this Chapter ' shall be considered personal 

property of a private nature. 

Sessions to make 25. The general sessions of the peace in every conntj 

SoiSt^^nn-and district are hereby empowered to make all such rales 

der Chapter, and regulations as to them shall seem necessary or expa* 

dient for the purpose of carrying out the provbioDS of 

this Chapter. They shall also have power to i^poisfe 

persons to carry tlie same mlo ^tt^ciX^ 



TILS ztl] licenses. 343 

Chap. 75. 
CHAPTER 74. 

OP THE DESTBDCTION OP NOIIOUS ANIMALS. 

1. Tbe ResaioDs may estnblish rules and appoint rewards 5^'^VSStDr 
tr encouraging the killing of bears, lonp-cerviers, wiId-iiuu^ii«n,4o. 
its and woWes ; and such rewards shall he a county 

harge. 

2. Every person killing a woff within the Province and ^^^^^^^^ 
■tending to claim a bounty therefor, shall produce the "iBou boimtr 
sad of the animal with the akin and ears entire, to awoi" *' 
latice of the peace of the county where taken, and shall 

ahe oath of the fact iu writing, stating the time and 
ace where such wolf was taken, and shall submit to any 
rther examination required by sacb justice; but no 
>unty shall be allowed for any woU taken out of the 
omb of the mother. 

3. If the justice shall be satisfied of the truth of the ;^^^^^"J^^ 
atement, he shall cut off and burn the ears and scalp of oHtifloMs. 
ich wolf, and deliver to the person applying a certificate 

the facts, annexing thereto the affidavit taken ; and shall 
jtnber the certificates issued by him each year, and mark 
te Dumber and year thereon. 

4. Upon the certificate with the aEBdavit annexed being Jj^^*™" 
-aosmitted to the office uf the Provincial Secretary, a 

oanty of twenty dollars shall be paid out uf the treasury 
o the party entitled. 



^^HCBSSES FOE 
PlP^e BSBsions 



TITLE XVI. 

OF LICENSES. 



CHAPTER 75. 
:es fob the sale of intoxicatino liqdors. 



_. ,..„ . county, upon the recommenda- oaUot im 

8w of the grand jnry, sliall annuallyappoint as many clerks ™i%'£S!^'"' 
of the license as they may think fit, and shall define the dis- 
tricts within which they shall exercise their authority, and 
such clerks of the licmiite shall give bonds to Her Majesty 
"■ith such sureties and in such penalty as the sessions may 
dli;{tcl, {or the faithful performance of their daties, and 



344 LICENSES. [PART L 

Chap. 75. shall be sworn into office ; and snch officers shall be ap> 
pointed, although no h'censes be granted in the county* 
If the person so appointed shall die, refnse to act, remove 
from the county, or from any other cause whatever shall 
be unable t«> act, a special sessions for the county shall, 
upon the requisition of any three freeholders addressed to 
the Gustos requiring him to call such special sessions, 
meet and appoint a suitable person to fill such office, sub- 
ject to the conditions above mentioned, 
jbitoxioftt^ 2. No intoxicating liquors shall be sold in quantities 

^thoat uoeoMe. Icss than ton gallons, to be delivered at one and the same 
time, unless in the original package in which imported, 
such original package not to mean bottled liquors in quan- * 
tities less than ten gallons, or by license, under the penal- 
ties set forth in section 6 of this Chapter. 
Licenses, how 3, Licenses for the sale of intoxicating liquors shall 
only be granted by the sessions upon the recommendation 
of the grand jury, concurred in by two-thirds of the mem* 
bers of the grand jury present, accompanied by a petition 
from two-thirds of the rate-payers of the polling district io 
which the tavern is intended to be established, praying for 
such license. The genuineness of the signatures of such 
petitioners shall be established to the satisfaction of the 
court, and such petition and recommendation from the 
grand jury may be rejected in whole or in part by the 
sessions, 
oiwrk^f ucensc 4. Every clerk of the license, or justice of the peace, 
eredto enter, ' or any Other persou acting under the written authority of a 
i>erion!rwis^t- clcrk of the liccnsc, or justice of the peace, is hereby em- 
ih&Leviyr!^^ powered to enter into or upon the preraifles, or into the 
shop, store, dwelling-house, or other building, of any per- 
son, who (whether holding a license or unlicensed) is gen- 
erally reputed and suspected of violating any law respect* 
ing the sale of intoxicating liquors, or of violating the li^ 
cense law, or of selling liquors without license; and an/" 
person so suspected shall upon being required by any of sucl» 
officers or persons so authorized as aforesaid, immediately 
open his said premises and grant free admission to the same ^ 
^naityforob- and any person who shall refuse admission to his premises* 
uc ng. gliop, store, dwelling, house or other building, or who shall 
not open the same and grant free access thereto, and wha 
shall not permit any of the said officers or persons to so en* 
ter or who shall obstruct any such officer or person io the 
performance of his duty shall be liable on conviction to a 
penalty of twenty dollars for every such offence, to be pitK 
secuted in the name of the Grown or of any person who 
shall prosecute therefor before any two justices of the 
peace, for the county in which the offence is committed^ 
end; JO Ibe event of the fine not being paid, the party ooa^ 



ITTLI ZTt.] UCEKTbES. 345 

ricted shall be imprisoned in tlie gaol of the connty or dis* Chap. 75. 

irict in which the offence is committed, ior a term of not 

ess than twenty days Dor more than ninety days. The fine 
rhen received ahalt be paid in to the Treaenrer of the 
TOQDty or district in which the cause of action originated 
towards the general funds of euoh coanty or district. 

5. Any clerk of the license, or any person authorized cicrk at uoaoM 
by Lim, may seize and destroy nil intoxicating liquors found iiqm>n^^g 
exposed or intended for sale within the limits of any pro-'" ^^ ^fwHw. 
claimed gold district; and for that purpose, if necessary, 

Qpon reasonable grounds of siispiciou, may enter into any 

bouse or bniidiog within such iimits and seize, take away 

or destroy all such intoxicating liquors. And no licenses ■^''j"™^nj"- 

ihall hereafter be granted in any proclaimed gold district, triot. 

6. The penalties for violating the law relating to the pBuiitiBi. 
sale of intoxicating liquors shall hereafter be: for the first 
offence ten dollars, or imprisonment for twenty days in the 
county or district gaol, in the event of non-payment of the 

fine ; for the second offence, twenty dollars or forty days 
Imprisonment ; for the third offence forty dollars or eighty 
days' imprisonment ; and for every subsequent offence 
eighty dollars or three months imprisonment. 

7. No licensee, other than tavern or shop licensee, shall ^™'"- 
hereafter be granted; and no intoxicating liquors shall 
hereafter be sold in any tavern or other Ticeused house 

iTter the hour of nine o'clock in the evening, except to 
regular and constaat boarders and travellers. No person 
Tesident within one mile of such tavern or licensed bouse 
ihall be considered a traveller within the meauing of this 
Motion. 

8. Licenses shall be in the form in Schedule A. ywouof. 

9. The courts of sessions in the various counties, and ^ 
the City Council ot Halitax, shall fix the amount of duty 
to be paid for each cia^a of license and the fees to be paid 
W the clerk ot license and Clerk of the Peace for issuing 
the game, and also the commission to be paid to the Clerk 
of License for collecting and paying over such debts. 

10. Every person to whom a license shall be granted ""V-wi 
*hftll, before receiving the same and within fifteen days 
^r the sitting of the soiisions granting the same, pay down 
tiia whole duties, and shall also enter into a boud with bowL 
tvo sureties in the form in Schedule B, which bond shall 
be prepared by the clerk of the licenses, and when exo< 
egted shall be filed with the Clerk of the Peace. 

U. License free of duty, or upon payment of a lessmaiio 
doty than that by law imposed, may be granted to persuna 
living on public roads little frequented, to encourage them 
io keeping public houses tor the accommodation ot travel- 
bis. 



346 LICENSES. [PART L 

Chap. 75. ^^- ^^ justice of the peace or coroner shall bold a tavern 

Ju«tioe.'and cor- ^F shop HcenSO. 

onen prohibited. 13, The Clerk of the Peace and clerk of the licenses 
^Jjj^**' "* shall each register in a book to be kept for that purpose a 
list of licenses, with the dates of such licenses, too names, 
additions and residences of the parties so licensed, and a 
memorandum of the houses or shops for which such li- 
censes were granted, and a statement of the number of 
bonds taken and ot the amount of duties paid ; and such 
books shall be exhibited when required to the sessions and 
grand jury. 
Tjvora most 14. Jf any person holding a tavern license shall not, 

^' within ten days after obtaining the same, place a sign on 
the tavern with his name thereon, importing that liquors 
are there to be sold, and that entertainment for man and 
Penalty. horso Can be there had, he shall forfeit a sum not exceeding 

twenty dollars ; and the neglect to do so for every ten days 
after every conviction, shall be deemed a fresh offence. 
Penalty for sign 15. If any person not having a license shall place on 
when no iioenw. ^^^ building, or in the neighborhood thereof, any inscrip- 
tion importing that intoxicating liquors may be had there, 
he shall forfeit a sum not exceeding twenty dollars; and 
every continuation of such inscription for ten days after 
conviction, shall be deemed a fresh offence. 
Penaitien for not 16. If any persou holding a tavern license shall not 
keeping order, jjj^intain good Order on the premises, or if he shall permit 
Gambling, &c. raffling or gambling thereon, or shall on Sunday permit 
Drinking on porsous Other thau lodgers or persons coming for necessary 
Sunday. 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 
for sale. qq ^]^q premises, or shall not have reasonable accommodsr 

Vot having ao- tiou for travellers and their horses, cattle and conveyances, 
commodaSoB. j^^ gf^g^jj fQrfQjt ijjg license and a sum not exceeding forty 

dollars for every oSence, in the discretion of the court be- 
fore which he shall be convicted. 
Seuing liquor on 17. If any porsou holding any license shall sell any 
Sunday. intoxicatiug liquors on Sundays, except in the case of 

tavern keepers to lodgers on the premises, he shall iocor 
the like forfeiture as mentioned in the last section. 
Shop ucense. le- 18. No pcrsou holding a shop license only shall sell 
•trictions of, Ac. j^gg ^y^^^ ^^q gallou of intoxicatiug liquors, to be delivered 

at one and the same time, or shall suffer any intoxicating 
liquors to be drank on the premises where sold, or woj 
such premises to be opened on Sunday, under the sami 
penalty as that mentioned in the fourteenth section. 
q2«SS^viiw 19- No person shall recover or be allowed to set of 
MMejf under one any charge for intoxicating liquors in any qaantitj leil 



■ XVL] LICEHSES. 347 

I ooe gallon, delivered at -one sod the same time ; and Chap. 76. 

pecialtJes, bills, ootes, agreements or accouots, stated, ~ ' — " 

<D, or made ia whole or iu part for or to seuure any 

I charge, shall be void ; but nothing herein contained siceptioiu. 

I extend to any charge made by a person holding a 

FD license only, agaimtt any boarder or traveller. It 

I not be necessary for any person wishing to take 

mtage of this section to plead the same specially; but 

iDti^e may be taken thereof at any stage of the trial 

lotioD for non-sait. 

t. If any person holding a tavern license shall pnr-BaMi>inggoo(b. 

e from any servant or common laborer, any wearing ^ota""? ^ 

trel, tools, or implements of trade or husbandry, ori"™- 

tehold goods, or furniture made up, or shall receive 

any person any goods in pawn; aoy justice of the lonn oi p»- 
■■B, npon sufficient proof on oath of the fact, may issue '*«*°<- 
varmnt for restitution of the property and for payment 
le costs, and in default thereof for levy and sale of the 
ider's goods for double the value ot the property and 
*, and the offender shall also be liable to a penalty ofi'«»ity' 
t dollars. 

. Married women, servants, or other persons con- ''^S JS^? 

ed in any breach of this Chapter, shall be liable to the 'c 

ilty thereto attaching, as if they were anmarried wo- i 

or principals; provided the husbands or masters shall -^ 

liave been prosecuted for the same offence : and uponTrariH, 

conviction of a married woman, servant, or other 
OD under this section, the husband, employer, or 
«r, shall not be afterwards eued for the same offence. 
L The clerks of the licanses, except in the City of""'''"'5^2i*" 
fax, shall render a half-yearly account to the County 
tiarer of all duties collected, and of all penalties or 
ioDfl thereof piiyable into the county treasury, which 

have come into their hands, together with a statement 

I jadgmenCs obtaiued for penalties so far as the same 

. nave come to their knowledge and which may be 

>tia6ed ; and shall immediately, on the receipt of any Dau«, penii- 

we daties, penalties, or portions of penalties, pay the whom isin. 

tovdt to the County Treasurer, deducting the commis- 

't. Penalties under this Chapter may be recovered in F«iudtiM, how 
swne of any of the clerks of license in their respec- '*"'*'*^ 
districts, or of any other person who will sue therefor, 
le same manner and with the like oosts as if they were 
Me debts, except that tiio summons shall be in the form 
tUedule C; and upon conviction, sach conviction shall'™"- 
ndoraed upon or annexed to the original Bnmmona ia 
brio of Schedule D, and the same, when signed by the 
08^ ahM be lield a valid conviction, and therenpod ut 



348 



LICENSES. 



[PABT I. 



Amendment of 
summom. 



Clerk, when 
oompeUedto 
proeeoote. 



Penalties, dis- 
posal of. 



Chap. 75. execution for the amonot therein mentioned shall iasne in 

the form in Schedule F ; and uprm the trial of any cause 

under this Chapter either tlie prosecutor or defendant, if 
he desire it, or at the instance and request of the other 
party, may be examined as a witness : provided that when 
the prosecutor without being called by the other party ap- 
pears as a witness, he shall not retain any part of the 
penalty, but the whole shall be paid as directed in the next 
section, and the summons may be amended at the trial be- 
low or OD an appeal ; but the Clerk of License, on in- 
formation being given to him in writing, on having his 
costs guaranteed by two or more responsible parties, shall 
be compelled to prosecute the person informed against, 
under penalty of the same amount as would be imposed 
upon the party informed against if convicted, to be recov- 
ered as an ordinary debt in the name of the person making 
such request. 

24. Penalties under this Chapter, except as provided io 
the preceding section, shall be paid one-half to the person 

Except Halifax, sucing, and the other half into the county treasury, except 
in the City of Halifax, where the same shall be paid to the 
officer now by law authorized to receive such moneys. 

25. Appeals from the decisions of the justices for snj 
penalty or forfeiture incurred under this Chapter, shall be 
granted in the same manner as in the case of summary trials 
before justices of the peace ; and the defendant shall become 
bound with two sufficient sureties in a sum double the 
amount of the judgment, to prof^ecute such appeal, and to 
pay all costs, fines, and penalties that may be imposed 
and taxed in the final disposition of the suit, and also that 
during the pendency of the appeal, he will not violate any 

Certiorari, bonds of the provisious of this Chapter ; and in the case of cer- 
tiorari, instead of the bail required in such case, the aame 
bond shall be given as in ordinary appeals ; and in case of 

iTew trial. granting a new trial the court may impose such terms on 
either party as may best promote the ends of justice. 

Bonds, form of. 26. The boud to be given on such appeal or on issuing 
a writ of certiorari, shall be in the same form as thatu 
Schedule E. 

Penalty for non- 27. If any persou subpoenaed as a witness in any salt 
or prosecution under this Chapter shall not attend at tta 
time and place mentioned in the subpoena, withoatjw 
cause to be allowed by the court or Justices before wmMl^. 
the suit or prosecution shall be had, or having attendil^; 
shall depart without permission of the court or jasti( 
or shall refuse to be sworn or ^ive evidence on the trisd^l 
shall forfeit a sum not exceeding forty dollars, to be ' 
for and collected as an ordinary debt by the plaiatiff ; 
for want of goods whereupon to levy, he may be oommitl 



Appeals, how 
ftranttd. 



Appeal bond. 



attendance of 
witneMes. 



How levied. 



: xtl] licenses. 349 

1 ftod detained there for the same period of time as if Chap. 75. 

iA been guilty of a first offence for selling liquors ' — 

int license ; hot no person shall be obliged to attend nutiMpttd 
v'e evideqce on any ench trial aotil he shall have been ****' 
his fees for travel and attendance. 

In suits instituted by the Clerk of the Licenses, Fm«iiur. how 
e the justice before whom the trial id had shall give '""*•""'*»*■ 
aent tor the prosecution, or, if he give judgment for 
lefendant, shall certify there was reasonable gronnd 
MDmencing the suit, the prosecutor shall be fully io- 
ified lor ml costs and expenses on both sides, to be 
I by a judge of the Supreme Court, and to be levied 
flessment or amercement on the county. 

A.ny person who shall bribe or attempt to bribe, r«ii'it; rviD- 
idate, or attempt to intimidate a witness, with a view SritS™? ""'' 
ider him from giving testimony as to any violation of 
ilhapter, shall be liable to a penalty of not less than 
t;^ dollars. 

Any justice of the peace, who shall purchase in- p«iuitr on ja»- 
atiog liquors in any quantity lees than ten gallonsfrom ''°°' 
son not holding a tavern license, shall forfeit twenty 
'8, to be recovered in the name of the Crown or of any 
n who will prosecute therefor, and shall be liable to 
t bis commission. 

No judgment shall be withheld on account of y>riu«i not to 
oc© between the proof and the summons, if it appears ' •""'"«™*"- 
i satisfaction of the justices trying the cause that the 
idant was aware of the real cause of complaint ; but, jutisHmir 
) justices see fit for this cause, they may continue the •»oObm miue. 
for another day ; and no judgment shall be set aside 
(y variance or for anj" formal objection. 

Any sale of intoxicating liquors made on the pre- s>ieb7wiie,fto, 
I of any person by the wife, child, or servant of siith 
in, shall be cuosiiftirod presumptively as the act of the 
ind, parent, or master, &nd shall be punished in the 
way as if such sale had been made by such hns- 
, parent, or master in person; and the burthen of 
I of innocence shall be thrown on such husband, 
at, or masior. 

. No mail carrier shall knowingly caiTy in the same i««ii outHm not 
poor vehicle with Her Majesty's mails any intoxica- '*""'"'''"''' 
liqaors; under a ponalty of not less than four dollars 
Ikore than twenty doIUru for each offence. 

. Any person holding a license who shall sell or siiato ■ minor 
W iDtoxicatiug liquor to a minor or to an Indian, "'"^''' 
I proof thereof befure » justice of the peace, shall 
It hie license, and shall not again be capable of holding 
IDM; and in case of sitle to an Indian shall also be 
I to a penalty of twenty dollars for each offence, and 



350 



LTGENSBS. 



[PARt L 



GfiAP. 75. 



Penaltv for lel- 
ling tointeinper< 
ate persons. 



Unneoenary 
Htatements in 
summons. 



What may be 
act np as a de- 
fence. 



So particulars 
required. 



Proof of sale 
to ppn»ons not 
named. 



Defendant entl' 
tied to contin- 
uance. 



in default of payment shall be imprisoned for a term of not 
less than ten days or more than twenty days. 

35. If the husband, wife, parent, child, brother, or sis- 
ter, master, guardian, or creditor of any person addicted to 
the intemperate use of intoxicating h'qnors, or any jni^tice 
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 intoxicating liquors that such person is addicted to 
the intemperate use of intoxicating liquors; it shall not 
thereafter 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 intoxica- 
ting liquors to such intemperate person to be nsed 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 sec- 
tion, upon proof of the truth of the statement contained in 
such notice, shall be liable to a fine of not more than 
twenty dollars for a first offence, and a fine of not less than 
twenty dollars nor more than forty dollars, and imprison- 
ment for a period of not more than thirty da3's, as the court 
or justices may direct, for a second or subsequent offence. 

36. In any suit instituted for a breach of the provisions 
of this Chapter, it shall not be necessarj^ to state in the 
summons that the liquor sold was not contained in the 
original 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 bj 
the operation of such exceptions^ may set up the same as 
a defence, in which case the burthen of proof shall be 
thrown upon such defendant ; and it shall not be neces- 
sary to attach particulars to the summons as in the case of 
ordinary civil suits, or to specify the particular kind of 
liquors sold ; but in all cases it shall be sufficient in the 
summons to charge the party accused with having sold 
intoxicating liquors contrary to law to some person named 
in the summons. 

37. In any such suit, in case it shall be alleged in the 
summons tiiat the sale complained of was made to a person 
therein named, and on the trial the prosecutor shall fail to 
prove such charge, but proof shall be given of a sale to 
another person, the suit shall nut thereby be defeated, b«t 
the justices shall adjudicate upon the offence so proved •* 
if the same had been alleged in the summons ; but inafld* 
case the defendant, upon application, shall bo entitled to* 
continuance of not more than eight days to make his da* 
fence ; and the prosecutor shall not be obliged again tO 
prove his case, although if he choose he may bring td^ 



i 






S ZVI.] LICENSES. 351 

il proof in support of the prosecution, as well as proof Chap. 75. 

ibot the defence. 

. No person imprisoned under execntion isaned upon ^*^?L™* 

judgment for a breach of this Chapter, shall be enti- v°mnt. '*° 

to jail limits. 

, Prosecutions for offoucQS against this Chapter, or Huo'Jj"'" '^ 

. brought on any appeal bond, shall be commenced 

in six months, and the Clerk of the License or any Action im *tpmi 

ite prosecutor may bring an action on such appeal '""''' 

1 without special leave obtained therefor. 

. In case the constable or ofEcer to whom a aum- ser>ioao<nim- 

i is delivered to be served siiaJl not be able to effect aSwC " ' 

rsoual service, it shall be a sufficient service of the 

I to leave it at the dwelling house of the defendant; Pn)vi». 

ided that the officer makes an affidavit [hat he believes 

the defendant concealed himself, or in any way 
avored to escape service of such summons. 
, In any county or township in which liconses for the sewiom atuii 
of intoxicating liquors are not granted, it shall be the o?Mm|.^^S^ 

of the general sessions for such county or township, ^g',"^^;^'" 
le recommendation of the grand jury, to appoint ior 

township one suitahle per»ou, — who shall be a member 
>od standing of a temperance organization, establielied 
e township for which he shall be appointed, and shall 

office only so long as lie shall maintain such standing, 
> called Agent for the Sale of Alcoholic Liquors, — to ParpoMof lUe. 
I and sell such alcoiiotic liqudra aa may be required for 
icinal, mechanical, manufacturing, and otiier purposes, 
nconsistent with the provisions of this Chapter. Such Tok«p [Mud 
it shall keep a list of the names of persona purchasing "''" """"■ 
ir, the quality and description purchased by each per- 
ud tlie purpose to which such liquor is intended to be 
ied, and shall make a return of the same, under oath, 
W general sessions by which he is appointed, during 
r year that he shall hold office; and he shall receive oimpenniiaii. 
1 compensation tur lii.i services, and shall conform to 
I regulations (or tlio procuring and selling ot such Hejpiiationi. 
im, and shall also be liable to such penalties for neglect p«na)ijei. 
jAhtion of duty, n^ tho general sessions appointing him 
[prescribe. No snt^li agent siiall have interest in suchshaiihivono 
Jre, nor in any profile arising from the sale. °^" 

I. It shall be lawful for the chief superintendent of RaiitrKynporiD- 
Kya, or any person ;iuthorized by him, to seize and K^nq"il,I5^ 
,roy all intoxicating liquors found exposed or intended """v- 
Ihle within the limit.s ol the railway ; and for that pur- 
B.il necessary, upon reasonable ground of suspicion, 
itoly to enter into any house or building within such 
<t», Bad to seize sud take away all such intoxicating 
ion. 



352 LICENSES. [PABt L 

Chap. 75. ^3. No licenses shall be granted to any person who 
Noiioenaegmnt^ ^^^^^ rosido or havo his placo of business within the limits 
wa^iSatror" ^^ *^® railway, nor to any person who shall reside or have 
i^Sdictriet. his occupation within any proclaimed gold district; and all 
sales of intoxicating liquors within such limits, or within 
such proclaimed gold districts, shall be deemed as made 
without license, notwithstanding the seller may hold a 
license ; and he shall be liable to all penalties and forfeit- 
ures incurred by those who sell without license. 
SrtLeiueof* ^^' ^^ *" polling districts in which licenses for the sale 
aioohoiic liquors of intoxicatiug liquors are not granted, it shall be the duty 
c7erk^°uo^ of the agent for the sale of alcoholic liquors for the town- 
ship in which such district is situated, in the absence of the 
Clerk of License from his district, to prosecute as agent for 
such township, any person who shall violate any of the 
provisions of this Chapter ; and for that purpose such agent 
shall have all the powers vested in the Clerk of License, 
and shall be indemnified for all costs and expenses, in the 
same manner as the Clerk of Licenses. 
jHgWjnjMit of 45, Any justice of the peace who shall sell intoxicating 
qaorin vio&tion liquors in Violation of this Chapter, shall, on conviction 
of Chapter. before two justice? of the peace, in addition to the penal- 
ties prescribed by this Chapter, forfeit his commission as 
justice of the peace ; and it shall be the duty of the justices 
convicting him, under a like penalty upon each of them, to 
forward a certificate of such conviction, signed by each of 
them, to the Provincial Secretary ; and the Government 
shall revoke and annul his commission. 
ChaptCTigtto^ 46. Nothing in this Chapter contained shall apply to 
SCSifax. the City of Halifax, except where specially mentioned. 

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 de9crw^ 
particularly the sUuation of the premiaei,] intoxicating 
liquors conformably to law. 

This license to remain in force until i day of 
next, subject to forfeiture for breach of the law. 

Given under my hand as Clerk of the Licenses for tbo 

said County, this day of , A. D. 18 — . 

A. B., Clerk of the License* 

By order of the Sessions, security having been giveoM 
required by law. 



XE XTI.] LICENSES. 353 

CooDty of Chap. 75. 

:eD8e Office. Shop License. 

LiceDBfi is hereby granted to , oi , in the 

uoty of , to 8e]l id a shop to be kept in the bnild- 

; occapied by him, situate [here describe particularly the 
•joiion of the premises,] into^cicating liqnors in quantities 
t less than one gallon, no part whereof Hhall be 
Dsamed on the premises. 

This license to remtiin in force until the day of 

, subject to forfeiture for breach of tbe law. 

Given nnder my band us Clerk of the Liceasea for the 
:d Connty, this day of , A. D. 18—. 

A.. B., Clerk of the Licenses. 
By order of the Sesaiocs, aecurity having been given 
cording to law. 

B. 

Cuow all men by these presents that we, , 

) held and firmly bound unto our sovereign lady Queen 
ctoria, her heira and successors, in the aum of two bun- 
ed doUara of lawful money of Nova Scotia, to which 
yment we jointly and severally bind ourselves, our heira, 
ecators, and administrators, by these presents, sealed 

th our seals, and dated tbe day of , A. 

.18—. 

Whereas the above bounden , has been granted a 

ense for the sale by retail of intoxicating liquors in the 

»ern [or in the shop^ kept by the said , in . 

)w tbe condition of^thts obligation is such, that if the 

id shall in all respects conform to the lans in 

rce respecting the retail of intoxicating liquors and con* 
«ted with such license, then this obligation to be void, 
herwise to remain in lull force and effect. 
fiigiied, sealed and delivered ) /Q 1 ^ 

in tbe presence of . ) toeaia.j 

OMiy of tho coiiMtiiblea of : 

Ian are hetehy commanded to aummon A. B, of , 

i&a County «f , to appear before us at — '■ , on 

« day of , to answer to the suit of C. D„ 

ItriEof the Liconsefor the County of , [if the suit be 

St^&f tVi his naitie,'] for selling intoxicating liquors to 

-— , withiu previous to the issuing hereof, con- 

Wy to law. 

KTitneas our hands and seals at , the day of 



, n. ig_. 
8S 



E. P., J. P. (Seal.) 
G.H.,J.F.(Seal.l^ 



354 licenses. [part i. 

Chap. 76. 

D. 

The within named defendant having been daly sam- 
moned 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, [or other 
offence as the case may ie, specifying whether it is for fhe firsts 
secondf third, or fourth offence^ and stating the amount^ 
penalty and costs, or upon default, or upon the oath of O, JEl, 
as the case may he, stating the manner of the party's convic- 
tion, and the names of the ivitnesses who m>ay have been ex- 
amined.] 

Witness our hands this day of , A. D., 18 — . 

CD., J. P. 
£!. b,, J. P. 

E. 
Know all men by these presents that we 



and ,*are held and firmly bound unto Her Majesty 

Queen Victoria, her heirs and successors, in the sum of 
of lawful money of Nova Scotia, to which pay- 
ment 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—. 

The condition of the foregoing obligation is such, that 
if the above bounden [party convicted] shall prosecute an 
appeal from a judgment given against him for a violatioo 

of the license laws by , a Justice [or Justices] of the 

Peace for the County of , on the day of , 

and shall pay all fines, penalties and costs that may l>« 
awarded against him upon the final disposition of sucsib 

suit, and also if the said — shall not during the pei:» <d- 

ency of such appeal, violate any provisions of the la«?^'S 
respecting licenses for the. sale of intoxicating liquors, th ^bb 
this obligation to be void, otherwise to remain in f^LLiiU 
force and virtue. 

Signed, sealed and delivered ) ^S 1 ^ 

in tho presence of . ]" loeais.j 

P. 

To any of the constables for the County of : 

Whereas A. B., of , was this day convicted beffl g^_^ 

us, the undersigned, two of Her Majesty's Justices of t '^^ 

Peace for the County of , of the oflFence of violatitf^ 

the license laws, [here state the offence as in the oonvicii^^ "^ 
these are therefore to command and require you forthwi^^" 
to Ifivy on the goods and chattels of the said A. B., to 



TITLB TTUJ] IMinQBAMTB. 356 

foand within yoor precinct, the Bnm of dollars for Chap, 76. 

peiwltr and dollars for costs of snit, together with 

cotiBtable's fees ; and for want of goods and chattels of the 
said A. 5., we command you that yon take the hody of the 

said A. B,, and him commit unto our jail in , there to 

remata until discharged by due coarse of law. Whereof 
fail not, and make due return of this writ with your doings 

thereon to us within days. 

Witness onr hands and seals this day of , 

A. D., 18—. 

E. F., (Seal.) 
G.H.,(SeaI.) 



TITLE XVII. 

OP IMMIGRATION. 
CHAPTER 76. 

OP lUUTGRA NTS. 



1. The Governor has power to appoint an immigrant Appointmrat oi 
agent as occasion may require. The salary of the Immi- ^}f "" 
^mnt Agent shnll not exceed eight hundred dollars. He B>i*r;. 
is empowered, and his daties shall be to correspond with !)«;«, 
the Secretary of the Board of Land and Emigration in 
Iiondon. and with the agents appointed by that board, with 
the officers of any association, or with public spirited 
persons desirous of promoting emigration to the colonies ; 
JOd to furnish from time to time such information as may 
''s osefnl to enable tbem to send out emigrants for whom 
Wiere is likely to be suitable employment in this Province. 

To open a book in which persons wishing to engage to open bo'ini-. 
Ilecbanics, laboren^ cind apprentices, can enter their names 
^Od addresses. 

To correspond with county ofBcers and keep a registry to mr™«poiMi 
Of the distribution of immigrants sent into tbe interior, wd nw^ «gii.- 
To act as tbe guardian of immigrant orphan children, toActu goudiin 
'•iod them as apprentiaes, and to protect them in case of"'"^'""- 
"ocesaity. 

To render accounts quarterly to the Provincial Secretary, To render .c- 
^d to make an annual report of bis proceedings for tbe '.^"re^^^'^' 
'^formation of the govornment and the Legislature. naiiij', 

To act under sncli instructions as may be issued by the to «•""'<-'- 
Qovoraor in Gonnctl from time to time, '""'* 



356 nnaoBANTB. pabt i. 

Chap. 76. 2. The Governor in Council may authorize the Immi- 
Goveraor may grant Agent to draw from the treasury such sums as may 
^ori/eto be uecessary to temporarily provide for and distribute 

such immigrants as may be sent into this Province. 
commiiwionerof 3. Where ver there are tracts of land suitable for settle* 
Sy^ff'SSi^sMd ment, it shall be lawful for the Commissioner of Crown 
pjao^^dbposai La^ds, whou so instructed by the Governor in Council, to 
lay them off in one hundred acre lots, with convenient 
roads running through them, and to place them at the dis- 
posal of the Immigrant Agent for actual settlement as here- 
inafter directed. 
gurrevB.and 4. Whenever such lands are required by industrious 

iQent aUo^id. immigrants arriving in this Province for actual settlement, 
surveys shall be made, and the applicants put into posses- 
sion and allowed a credit of three years for the purchase 
money, which, or such portion as under the circumstances 
pnrchase money the Governor shall think fit to direct, shall be expended 
roadi. under such instructions as the Commissioner of Crown 

Lands with the approval of the Governor shall appoint, in 
opening such roads as may bo required for the formation 
and improvement of the settlement. 
A^cnttobe fur- 5. The Commissioner of Crown Lands shall furnish the 
plans. Ac! Immigrant Agent with plans shewing the district ordered 
by government to be set apart tor settlers with its sub- 
divisions and roads ; a corresponding plan shall be kept in 
the Crown Land office. 
Agent to receive 6. Tho agcut shall recoive applications tor land for im- 
?row'^andB* ISd D^igrants, and shall refer the same to the Commissioner of 
refer to commi8- Crown Lands, who shall have the requisite lots surveyed, 
and the usual entries and report made and decisions of the 
Executive Council obtained. The decision shall be com- 
municated to the Immigrant Agent with proper plans. 
License of occu- 7. A liccnse of occupatiou, with suitable conditions in 
pation. ^ ^^^^ ^^ ^^ approved by the Governor in Council, shall be 

executed and given by the Immigrant Agent to the immi- 
wiientotake grant settler. The immigrant shall not take possession 
possession. until his Ucense of occupation has been issued and deli- 
vered to him ; and previously or as soon after as possible, 
the lines of the lot shall be run out, blazed and cornered, 
under the direction of the Commissioner of Crown Lands. 
Purchase 8. Before delivery of the license of occupation, a bond 

^^'. ^ and warrant shall be taken from tho immigrant settler for 
the purchase money, payable in three years with iuteresty 
half in two years from date, the residue in three years, 
upon which bond credit shall be allowed for work po^ 
formed on roads in conformity with the instructions. 
When grant 9. Upou the expiration of three years if the terma 

^" ' shall then be complied with and the purchase monejrpaid 

or satisfied, or at any earlier period if the money Bhaii be 



rriTLE zni] muiGBASTS. S57 

sooner paid, the settler shall be entitled to apply to the Cbap. 76. 
C^ommiasioDer of Crown Lands for a grant on the certifi- — — 
cate oi the agent. 

10. The license of occupation or the possession of the "J^"„?J^" 
ammigraDt settler or his improvements shall not be trans- ^bis. 
ferable or extendable under execution except on the 
license ol the Immigrant Agent under his hand ; and any 
attempted transfer by act of the party, or under execution, 

eball not convey any title or right except with such license ; 
bat on the death of the immigrant settler his inchoate 
TH^lits shall descend us personal property, subject to the 
-ODperfornied conditions. 

11. If at the expiration of three years the purchase p^teitore o(u- 
izioney shall not be paid in money or in work on roads to 

tbe satisfaction of the Immigrant Agent, or if within the 
fcfaree years the property shall be abandoned and left 
derelict, it shall be lawful for the Immigrant Agent, with 
tbe sanction of the Governor in Council previously ob- 
tsioed, and alter a printed notice posted on the court 
lionse and on two other public places in the county where 
the lands lie, that the said lands and all rigiits of the im- 
migrant therein shall be forfeited unless cause to the con- 
trary be shewn at a place and time therein mentioned, not ■"^''' p"^ 
being 1©39 than one month thereafter, to declare in writing '' 
under lii^ hand tlie torfeitnre of the lot ; and the posses- 
sion of the lot shall thereupon revert to and be reinvested 
in the Crown as if inquest of office had been formally 
found in favor of the Crown; and any person in possession 
ud refusing or neglecting after notice from the Immigrant 
AgeDl to remove shall be subject to be proceeded against 
md evicted under the Chapter " Of Tenancies and of For- 
cible Entry and Petainer.'' 

12. The Immigrant Agent shall record in books kept J^^^'*' 
fertile purpose all licenses of occupation issued by him, 

uid open an account with each immigrant settler, and shall 
ffitbe first week in January in each year make lull returns Beinmt. 
to liie Commissioner of Crown Lands of all licenses of 
OecDpation issued by him. 

13, The Governor in Council may make regulations for ^SiZu"*" 
Orrying into effect this Chapter, which, as far as shall not mSur^E. 
bs inconsistent with the provisions of this Chapter or of'"™' 

ttir, shall have the same force as if herein enacted. 

U. Nothing herein shall be construed to contravene or 5'A,'Jf^S!|" 
Cffliflict with any legislation of the Parliament of Canada u*. 
w the subject of immigration. 



TITLE Xnn.] DEEDS Bf HABBIED WOUEH. 36& 

Cha?. 77. 

PART II. 

OP PROPERTY, AND THE DOMESTIC EELATIONS. 



TITLE XVIII. 

OP REAL PROPERTY. AND THE ALIENATION 
THEREOF. 



CHAPTER 77. 

OF DEEDS BT UIBRIBD WOHBN. 

1. Any deed executed under power of attorae; orDasdibrmu- 
3therw]Be, mHde by a married woman joiatly with berf^^^^ 
bnaband, or coocorred in by a eeparate conveyance exe- 
cuted by him, of estates to which she is entitled or may 
3ave auy preseDt or tnture interest, whether in her own 
right or by way of dower or otberwiee, sball have the 
lame effect as if made by an unmarried woman, if such 
power of attorney or deed be acknowledged by such 
iiarried woman before a judge of the Supreme Court, or a 
aatice of the peace, or a notary pablic being a barrister of 
;he Sapreme Court, as hor free act and deed, and to have 
>een executed without ootnpulsion by her husband or to 
Jmt effect; which acknowledgment shall thereupon he 
Mftified by such judge or justice, or notary public, io 
Vriting upon such power of attorney or deed. 

3. If such married woman reside without the Fro- i>Md<. na* ««■ 
rince or be absent tborolrom, such acknowledgment may™ ""^ ' 
>e taken before tbe Mayor of any city, the judge of any 
>oQrt of record, a justice of the peace, or before any 
>DbIic minister, iimbassador, consul or vice-consul of the 
>}oDrt of Great Britain ; aad shall be certified in writing oa 
^e power of attorney or deed by such public functionary ; 
ind in the case of thd acknowledgment being taken 
>efore the Mayor of a city, judge of a court of record or 
Qadce of the peace, bis certificate shall be authenticated 
loder the hand and sbuI of a notary public. 

3. Every such acknowledgment and certificate shall be AAnowMf- 
'egiswred with tbe power of attorney or deed, and stu^l ^'^^' '' 
9e valid and effectual to bar the right, or right of dower, 
if ao^ married woman ia the lands and premises. therein 

|IUDtlOD9l]f 



360 



ESTATES TAIL. — REGISTRY OF DEEDS. [PART n 



Chap. 79. ^* Where a married woman shall not have ezecnted a 

icaiTied womim ^®®^ ^^ lands Simultaneously with her husband assigning 

mayoxeOTto her interest therein, she may at any future time execute a 

htubasd. deed ot release of her interest therein to any person in 

whom the fee-simple may be ; provided that the execution 

of such release be acknowledged in the manner above 

prescribed. 



CHAPTER 78. 



OF ESTATES TAIL 



Estates tail 
atMUshed. 



1. All Estates Tail are abolished ; and every estata 
which hitherto would have been adjudged a fee tail, shak 
hereafter be adjudged a fee-simple, and may be convoyea 
and devised or descend as such. 



CHAPTER 79. 

OF THE REGISTRY OF DEEDS AND ENCUMBBANCES APFECTI>S 

LANDS. 



Registrars of 
deeds, how ap- 
pointed; depu- 
ties, how ap- 
pointed in cer- 
tain cases. 



Fire-proof safes 
to be provided. 



Provisions for 
safe keeping, fto., 
of books of re- 
gistry. 



If no assessment, 
justices to 
Amerce* 



1. The Governor in Council may appoint a Registrar 
Deeds for every county in the Province, and for every d 
trict in which such appointments are now made. Sa* 
Registrar may, with the approbation of the Governor 
Council, appoint a deputy, who may perform all the duti 
of the Registrar, and for all whose acts the Registrar and 
sureties shall be responsible. 

2. Fire proof safes shall be provided in the seve^ 
counties and districts, for the preservation of the recorc::^ 
books, and papers of the registry. 

3. The grand jury and sessions shall provide for tl 
custody and safe keeping of the books of registry, and s 
that they, with the indexes, are placed and kept in 
and efficient condition ; and shall assess upon the counts 
with the county rates, such sums as may be necessary fro^ 
time to time in the premises. 

.4. In case the grand jury shall not comply with t 
foregoing section, the Justices in session may amerce tl 
counties respectively, lor the necessary amount, and 
direct the mode of its application. 



TITLI Xnn.] BBCtlSTRT OF DEEM. 861 

5. No Begistrar ehall enter upon the duties of his office Cbap. 79, 
until he shuU have given bond to Her Majesty, with sachBondiiobe 
sareties, and to such amount, and in such form as thes'™>- 
Governor in Coancil may direct, for the faithful perform- 
ance of the duties of his DfGco,ftnd 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 provided a suitable "'ace-for the custody of all 
^eeds, papers, and books of registry, which may come to 
Bis charge or keeping. 

6. Every Registrar ehall furnish well bound books, of a f°*''J^ '**'%. 
Idnd to be approved of by the Governor in Council, as suit- oea. uieir ninii 
^ble for the registry of deeds and encumbrances affecting •'"'i'"''v- 
Jands, in which books such encumbraDces and deeds shall 

lie registered. 

7. A double index to the books of registry shall be made douWoIb<|««h 
^od kept by every Registrar, including, in case of deeds, J!i.[rj kl^. "" 
Che names of all the grantors and grantees, and in case of 

judgments and attachments, the names of all the plaintiffs 
^od defendants. 

8. A double index shall be made and kept in like man- nopwe injac 
«:36r by every Begistrar, of all deeds proved and lodged intrykspt. 
•"lis office, and of all dockets of jadgments and attachments 
Z«dged therein; in which every deed shall be entered so 

•soon as it is proved and lodged, and every docket uf judg- 
^3ient or attachment when lodged. 

9. All deeds, judgments, and attachments affecting lands ^^' J^-;^ 
^»1iall be registered in the office of thu county or district in ludaue. 
"^^hJch the lands lie. 

10. All deeds shall be copied into the books of registry, n*|^i»pw k. 
^^s« as to be, as near as possible, transcripts of the originals ; >cripu; pLu>< 
-^iikiid copies of any plans and Schedules annexed shall like-™ " "* 
■^^189 be entered in the books. 

11. Deodn within the Proviooe may be proved, first, De»iii. how 
vspon the oath of ono of the subscribing witnesses to the pn^os. 

, 4ne exesntioH thereof by the parties executing tho same ; 
^r, Becomlly, upon the personal acknowledgment by the 
fMtrties, n.-idor o.ith, of the duo exocutton thereof. 

12. Such oath may be administered by the Registrar of i^t^iidininii. 
llie oounty or di:itrict, and sliall be so certified upon the u-Jn.ja^M w 
deed; or it may be administered by a jndgo of the Sn-i^J||a^ie{S*°*' 
Worn© Court, or ii justice of the peaje, or by any other ''"'' ''•'*■ 
BsgisCrnr, who shall sign a certificate thereof, declaring the 

dattf ot thi) attestation on the deed, and the same shall be 
regtatered thereupon along with such curtiScate. 

13. In case ail the subscribing witnesses to the execu- i>eiid> bo* 
~^'or K deed by all or any of the parties thereto shall be fl^bl^^" it- 

from the Province, the Registrar shall JJ^J'"""' 
i npoQ sufficient proof of such death oi 



362 REGISTBT OF DEEDS. [PABT II. 

Chap. 79. absence, and of the hand writing of any one of the sub- 

scribing witnesses thereto, to be made before him or any 

other Registrar, or a judge of the Supreme Coort, upon 
oath, such oath to be endorsed upon the deed or annexed 
thereto, and registered therewith. 
Deeds how 14. Doeds may be proved out of the Province, as welJ 

p^n«°*" in foreign countries as in the British dominions, by the 
oath of a subscribing witne«is, or the acknowledgment of 
the parties under oath, as in the eleventh section ; such 
oath 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 
d^ite to be certified under tlie 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. 
Deeds. ft<j., duly 15. Where a deed shall have been duly proved and 
Sd|Sd?o°^regi8. lodged, or the docket of a judgment, or the copy of a writ 
tir^^froS^tlme ^^ attachment with the description and appraisement, duly 
of being lodged, lodged as abovc, for registry, the time when the same shall 
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 wore so lodged or proved ; and the 
Registrar shall certify under his hand on every deed, 
docket, writ, or other document recorded by him, the date 
of registry as well as the letter or number of the book, and 
the numbers of the pages containing the registry. 
When deed is 16. The registry of a deed executed by virtue of a 
^werof attor- powcr of attorney shall not be valid unless such power or 
blre^tored!"^* ^^ d®®^ subsequently confirming the authority given there- 
by, shall be registered in the office of the county or district 
where the lands lie. 
Bubpcpnamay 17. Proccss of subpoena may be issued out of the Su- 
attendan*^"or prome Court as in ordinary iases, and with the beceasary 
p^SSion^of variation in form, to compel the attendance of any witness 
deedforregisto'. to, or the productjon of, auy deed for proof thereof, that 
the same be registered; and the Court or a judge shall 
have the like power to punish any disobedience to auob 
subpoena in the same manner and to the same extent as m 
other cases ; but no witness shall be compelled to prodoc^ 
under such subpoena any deed which he would not be conh 
pelled to produce on trial. 



TITLB ZVm.] BEQISTBT OF DEKDS. 363 

18. Tha certificate of registry endorsed on any deed, Chap. 79. 
docket of jadgment. or attacbmeot, and eigned by the certiooit* or «- 
Reeistrar, sUall be takeo and allowed \a all coarts as eTi-si|<>i7t(>ber»- 
dence ot the registry. danoa. 

19. Deeds or mortgages of lands dnly execated but not nemia to hm 
registered, shall be void against any subseqaent pnrchaeer, ^S^^uy. 
or mortgagee for valuable consideration, who shall first 
register his deed or mortgage of such lands. 

20. No mortgage, judgment, or other encumbrance UoitmrB.AB.. 
affecting lands, shall have any priority or effect by reason tuked!^'" 
of being held by or vested iu the same person with another 
mortgage or encumbrance of prior date and registry. 

21. Mortgages shall no longer be discharged by certifi- >^^<|p*- tu» 
cate of release, but the release itdulf shall refer to the 
registry of the mortgage, and need not contain the descrip- 

iion of the premises at full length ; and the same shall be 
recorded like other deeds, ana a marginal note thereof 
absll be made by the Registrar, without further fee, on the 
liook ot registry ot the mortgage referring to the registry 
^f the release. 

22. A judgment dnly recovered and docketed shall Jui^iiuDt* to 
Vnnd the lands of the party against whom the judgment dMi* ^n^bn]!! 
^shall have passed, from and sfter the registry thereof in 

■Mha county or district wherein the lands are situate as 
^effectually as a mortgage, whether such lauds shall have 
"Kieen acquired before or after the registering of such 
"M ndgment; and deeds or mortgages of such lands, dulyexe- 
^csvted, but not registered, shall be void against t^e jadg- 
^■ment creditor, who shall first register his judgment. 

23. The docket of a judgment to be registered shall ^"^^^^f- 
^C9Kiotain the names of the parties, the amount recovered, lenti.'iioir^b- 
"^tJlie signature ot the judge, and the time of signing ; and '°'^' 

*i^ copy of such docket, certified under the seal of the Court 
^^tad the hand of the Prothonotary where the judgment 

■^^ns recovered, being lodged for registry, shall be entered 

"^Xi iho Looks wilhout further proof, 

24. Liiiids levied upon under writ of attachment shall "'^"0' ^S2i 
**< bound thereby only from the time that a true copy of bound uimodj : 
^<» writ and of the description and appraisement ^f "'"' ''•('•'•™'' 
^fce lands, certified by the Sheriff or his deputy, under his 

■*aud, shall be lodged for registry in the county or district 
J»here the lands lie ; which copy shall be recorded without 
'Xirther proof, iind ahall continue to bind the lands until 
^■liirty days after fiiiid judgment signed in the cause. 

25. Jndgmentti and attachments so entered shall be dia- '"^fniuti ind 
oliarged by an entry on the margin of the registry thereof, how 
^ be nwde by the Registrar upon the filing of a release 

^)y acknowledgod or proved by a sabscribing witness to 
ban beoD executed by the parties by whom the judgmetit 



364 



REGISTRY OF DEEDS. 



[part n. 



Chap. 79. 



Leases for more 
th&a three years 
recorded. 



Future grants of 
land recorded in 
r^^istry of deeds. 



Doplicat? ori^- 
nals of frrants 
signcKl by Gov- 
ernor and Pro- 
vincial Secre- 
tary. 

Separate books 
for grants fur- 
nished to regis- 
trars; and 
grants in dupli- 
cate to be for- 
warded. 



Fees. 



Begistrar at Hal- 
ifax may keep 
contempora- 
neous books. 



Plans of parti- 
tion of town- 
Khips. 



Rcffistrj' books 
to be kept in 
hafes, except in 
Eblifax. 



Penalty. 



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. 

26. Leases of land for a term exceeding three years shall 
be void against any subsequent purchaser, mortgagee for 
valuable consideration, or judgment creditor, unless such 
leases shall have been previously registered, and a reason- 
able rent reserved in good faith therein. 

27. Grants of land, made after the thirty-first day of 
March, 1854, shall not be recorded in the office of the Pro- 
vincial Secretary ; but instead thereof, shall be recorded 
in the office of registry of deeds of the county in which 
the lands lie. 

28. The duplicate originals of grants kept in the office 
of the Commissioner of Crown Lands, signed by the Gov- 
ernor, shall hereafter be signed also by the Provincial 
Secretarv. 

29. Books similar to those in use in the Secretary's 
office for the registry of grants, shall be furnished to the 
various registrars of deeds throughout the Province ; and 
grants when completed shall be transmitted, with a dupli- 
cate plan, by the Commissioner of Crown Lands to the regis- 
trars of deeds, who shall record the same in the books so 
furnished, and attach thereto the duplicate plan, and shall 
keep an index to the records thereof in the name of each 
grantee, and shall be entitled to receive a fee of fifty cents 
for each grant so recorded, payable by the grantee or gran- 
tees at the time of the entry of the grant for registry. 

30. In the County of Halifax the Registrar of Deeds 
shall keep as many contemporaneous registry books as he 
may find necessary to enable him to register, without de- 
lay, the deeds and certificates presented for registration ; 
and he 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 the execution of any writ of partition, were returned 
to the office of the Prothonotary at Halifax, shall be trans- 
mitted to the registrars 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 
returned. 

32. In all the counties except Halifax the registry 
books shall be kept at all times, except when in actual usOi 
or when required in any court for the purposes of jastioei 
in the safes provided for the office ; and any Registrar of 
Deeds who shall ofi'end against this provision, shall incor a 
penalty of eighty dollars for each offence, and on a second 
conviction shall be ever after incapable of holding the 



TITLE XVin.] JOINT TENANCT. 365 

office of Regiatrar of Deeds in any county or district of Chap. 80. 
this Province, 

33. Deeds may be registered on declaration and ac- ^'^^^ 
knowledgment heretofore made or hereafter to be made miuieinQiHt 
in Great Britain and Ireland before the judge of a court J!U,'"',SiJdSi^' 
of record, or the mayor or recorder ol a city or borough, •"""*■ 
with the date of the declaration or nckuowledgment certi- 
fied and expressed, attested under the seal of a court of 

record or ot a city or borough. 

34. Declarations now or liereafter made in conformity i>«id>nHaiu 
with, and which shall have legal effect and operation in the ^ii!!« Grid's 
place where the same may be made, under and by virtue of jhiii'bi'v"«m* 
an act of the imperial parliament, passed in the fifth and'JJ^t"''*"- 
xixth 3-ears of the reigu of his late majesty King William da oncii. 

the Fourth, Chapter sixty-two, relatiug to the abolition of 
oaths in certain cases, and of any act in amendment there- 
«Df, shall have the same operation and effect in this Province 
^38 if authenticated under oath before the same officers be- 
fare whom the declaration had been made, and as if these 
«:3fficers had been authorized to administer such oath. 

35. Acts, deeds, evidence, acknowledgments, and decia- Acb, deaii tc, 
-s-ations now or hereafter done, made, taken, or proved inBriSioand be- 
<3reat Britain or Ireland, or any of Her Majesty's possess- ^j|;^|^JJ'^,^'j' 
^ons, with these forms of authentication and proof which •'"''™'i™taiiie- 
sball be the legal mode of proof and authentication iniltvemmecircot 
tbose places, shall have the same force and effect in this " " "^"""^ 
Trovince as if sworn to before the same persons and ofGcers 

by and before whom the proof and authentication may be 
lude, and as it those persons or officers had power to 
^iaister an oath. 



CHAPTER 80. 

0? JOINT TENANCt AND TENANCT IN COMMON. 

I- Every estate gr^inted or devised to two or more^'fi* 
I>er«ous in their own right shall be a tenancy in common, To^ta 
inlms expressly deckred to be in joint tenancy ; but every °™- 
nUte vested in trustees or executors as such shall be held 
V them ill joint tenancy. This section shall apply as well 
tu e«tutes already created or vested as to estates hereafter 
lobe granted or devised. 



366 titlb by will. [part u. 

Chap. 81. 

TITLE XIX. 

OF TITLE TO REAL AND PERSONAL PROPERTY 

BY WILL AND BY DESCENT. 



CHAPTER 81. 

OP WILLS OF REAL AND PERSONAL ESTATE. 

JSybe^^ 1- Any person may devise and bequeath by his will, 
executed as hereinafter mentioned, all real estate'and all 
personal estate, and all rights and interests in real or per* 
sonal estate to which he 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 beirs-at- 
law or representativea. 

SdCT2i5S*°°* ^* ^^ ^'^^ ^y ^^y P®r«o^ under the age of twenty-one 

VI ud. years shall be valid. 

wuto which 3. A married woman may make a will in the followine 

married women, instaucos, that is to Say : a will of her personal estate with 
her husband's consent expressed in writing ; a will appoint- 
ing one executor or more to a will whereof she is executrix, 
or a will of real and personal estate to which she may be 
entitled in her own right or for her separate use ; an 
appointment by will made in pursuance of a power to be 
executed notwithstanding coverture. 

^man 'SJt^td ^' ^^ ^^'^ "^^ ^"7 devise or bequest in any will made 

for gift to hu8- by a married woman shall be void by reason of any devise 

or bequest, or of any gift or disposition to or for the use or 

benefit of her husband. 

wiiifl.how^e- 5. No will sliall be valid unless it shall be in writing 

ties required, signed at the end or foot thereof by the testator, or by 

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 ; bat do 

form of attestation shall be necessary. 

soidiare^and 6. Any soldier being in actual military service, or any 

peraonai estate mariner or seaman being at sea, may dispose of his per* 

as heretofore. g^^^j ^^^^^^ ^^ heretofore. 

Powerofap. 7. No appointmout made by will in exercise of any 

Sdir e^^te^ as power shall be valid unless the same be executed in man* 

awiu. uQj. hereinbefore required; and every will execated in 

manner hereinbefore required shall, so farr as respecta the 



TTTLB SIZ.3 TITr.E BY WILL. 367 

execution and attestation lliereof, be a valid execution of a Chap. 81, 

power of appointment by will, DOtwitbstanding it shall '-■ 

have been expressly required that a will made in exercise 
of snch power shall be execnted with some additional or 
other form of execution or solemnity. 

8. Every will executed i» manner hereiobefore required FuWication od- 
shall be valid without any other publication thereof. '^' 

9. No will shall be invalid on account of the incom-Nowiitimniiid 
T)etoncy of the witnesses to prove its execution. Mntyot'trir 

10. All devises, bequests, or appointments, except ^'^ 
charges and directions for the payment of debts, to an ii.gwanes»,*o.', 
sittesting^ witness of the will, or to the wife or hasband of ^^"""''° 
-^uch person, shall be void ; and he shnll be admitted to 

^rove the execution of the will or the vsilidity or invalidity 
■^hereof ; provided that whero there shall happen to be two 
•c^ompeteut witnesses to the will beside snch person, such 
^i^evise, beqaest or appointment shall not be void. 

11. In case by any will any real or personal estate shall Dehuohwged 
*zie charged with any debt, and any creditor or the wite or "St diTimiijc 
Iziasband of any creditor whose debt is so charged shall ^^'"'""'' 
£~^ttest the execution of such will, such creditor notwith- 

^9 landing snch charge shall be admitted a witness to prove 
'^le execution of such will, or to prove the validity or 
m Kivalidity thereof. 

12. Ko person shall on account of his being an execu- Kxeattonmy 
C:«3rof a will be incompetent to be admitted a witness to*""""™*"' 
f:»Tove the execntiou of such will, or a witness to prove the 
^^-^idity or invalidity thereof, 

13. All wills shall be revoked by marriage, except a Mirri-gs tiisii 
*^r- ill made in exercise of a power of appointment, when the ^uS «ri»i"n 
^^»»I or personal estate thereby appointed would not in=***' 

Bhult of such appointment pass to the heir, executor or 
Soinistrator, or the person entitled as next of kin. 

14. No will sbnl! he revoked by any presumption of an wius not rc- 
■ mention to revoke an the ground of an alteration in cir-ISmpiioa.^ 
^^^amstanoes. 

15. No will or codicil or any part thereof shall be re- wui., bow i». 
"*'ot:ed otherwise than as above mentioned, or by another '■'"^■ 

. ^^ Tll or codicil executed in manner hereinbefore required, 
Sby Bome writing declaring an intention to revoke the 
' k,BDd executed in the manner in which a will is here- 
9 required to be executed, or by the burning, tear- 
^•or otherwise destroying the same by the testator or by 
^me person in hh presence and by his direction, with the 
*tit6ation of revoking the same. 

16. No cancelliug by drawing lines across a will or any SSuSlu™''^ 
I t^^rt thereof, and no obliteration, interlineation or other *e.,ud ho* 

i »!leration made io any will after the execution thereof, "^'"^'^ 
IL i^-be valid or have aoy effect except so far as the worda 



368 TITLE BY WILL. [PART !!• 

Chap. 81. or the effect of the will before such alteratioD shall not bo 
apparent, unless such alteration shall be executed in liko 
manner as hereinbefore is required for the execution of 
the will ; but the will with such alteration as part thereof 
shall be deemed to be duly executed if the signature of 
the testator, 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 somer 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, 
wiurevoked, 17. No will or codicil or any part thereof which shall 
low rev \ . ^^ .^^ ^^^ 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 revoca- 
tion of the whole thereof, unless an intention to the contrary 
shall be shown, 
conveyanoesond 18, No couveyancc or other act made or done subse- 
fil^th^y?iuu?rf- quently to the execution of a will of any real or personal 
I^usTymadt ®stato therein comprised, except an act by which such 
will shall be revoked as before mentioned, shall prevent 
the operation of the will with respect to such estato or 
interest in such real or personal estate as the testa.tor 
shall have power to dispose of by will at the time of W^ 
death. 
Wills, when to 19, Evorv wiU shall be construed, with reference *^ 
ecutorstobe the real and personal estate comprised in it, to speak ^^^ 
{^to?'8^ciJfl^ take effect as if it had been executed immediately b&fof« 
tracts In certain t^e death of the tcstator, unless a contrary intention &fc^^ 
appear by the will. If the testator at the time of "*? 
death were liable to perform any contract for the sale ^^" 
conveyance of any real or personal estate, the execu ^^^ 
of his will shall, notwithstanding any devise or bequef^ "^^ 
the real or personal estate to which such contract ref^^!^^ 
be deemed trustees thereof so far as may be necessary^ *^' 
performing such contract, and shall have power to exeC^ ^^^ 
the necessary conveyances for the performance ther^J^ j 
and the executors shall hold the purchase money sub^®^ 
to such uses and purposes as may in such will be exp ^^ 
sed respecting such real or personal estate or sach ^^? 
chase money or otherwise for the use and benefit of *** 
estate. 
Lapcedicigiciei 20. Unlcss a Contrary intention shall appear by *^ 
iwidutiiydgyim, wil); such real estate or interest therein as shall be 



ITLB XIX.] TITLE BY WILL. 3C9 

riBed or iatsuded to be comprised in any devise in auoh Chap. 81. 

'ill contained which shall fail or be void by reason of the 

eath of the devisee in the life time of the testator or by 
:ason of the devise being contrary to law or otiierwise 
icapablo of taking effect, shall be included in the resi- 
oary devise, if any, containod \q socli will. 

21. A devise of the land nf the testator, or of the land "^"^^'"'^'^ 
r the testator in any place, or in the occupation of any ni" vutaja 
eraon mentioned in his will or otherwise described in j^f^inoj*"- 
sneral manner, and any othor general devise which 

oold describe a leasehold estate, if the testator had no 
eehold estate wliich could be described by it, shall be 
jnstrued to include the leasehold estate of the testator, 
r bis leasehold estates or any of them to which snch 
escnption shall extend, as the case may be, as well as 
eebold estates ; un!ess a contrary intention shall appear 
y the will. 

22. A general devise or bequest of the real or personal Oeaent deviK». 
)tate of the testator, or of the real or personal estate of ""'"°'™ 

le testator iu any place, or in the possession of any per- 
)n mentioned in hia will, or otherwiae deacnbed in a 
9DeraI manner, shall be construed to include any real or 
arsonal estate, or any real or personal estate to which 
icb description shall extend, as the case may be, which 
3 may have power to appoint in any manner he may think 
roper, and shall operate as an execution ol such power ; 
oless a contrary intention shall appear by the will. 

23. Where any real estate shall be devised to any De>-iM oe mi 
arson without any words of limitation, such devise shall ^fJ^S'uJSu. 
B construed to pass the' fee simple or other the whole ^^|™^j*^^ 
itate nr interest which the testator had power to dispose ""''"iatrrat. 
'by will in such real estate ; unless a contrary intention 

tM appear by the will. 

'S4. In any deviae or bequest of real or personal estate, Thu «ordi "dw 
le words " die witliouc issue," or " die without leaving J|^uc?"'*f*,'^^ 
VOe/' or " have no issue," or any other words which may oo*!t™i.'J. 
aport either a wiint or failure of issne of any person in 
n lifetime, or at tiio time of his death, or an indefinite 
nluro oi his issue, shall be construed to mean a want or 
lUare of iss^uo in the lifetime, or at the time of the death 
f sticb perso[i, and not an indefinite failure of his issue ; 
niosa a contrary inteatiou sliall appear by the will by 
nson of such per^ioii having a prior estate, or of a pre- 
eding gift being, without any implication arising from 
uch words, a limitation of an estate tail to such person or 
ssue, or otherwise. I!iit this Chapter shall not extend to 
lases where auoh wordi^ import, if no isaue described in a 
treceding gift shall be born, or it there shall be no issue 
rho shall live to attain the age, or otherwiso answer the 
24 



370 TITLE BY WILL. [FART U- 

Chap. 81. description required for obtaining a vested estate byapre- 

ceding gift to such issue. 

DeWseof real 25. . Where anj real estate shall be devised to any trus- 
teMOTw^MStors, ^®® o^ executor, such devise shall bo construed to pass the 
how construed, fee simple, or other *the whole estate or interest which the 
testator had power to dispose of by will in such real estate ; 
unless a definite term of years, absolute or determinable, 
or an estate of freehold, shall thereby be given to him ex- 
pressly or by implication. 
De\-i«e8 of ai- 26. Where any person to whom any real estate shall be 

tates tail not to j-jr 4.i.x'i r ax* "i.*! 

lapse in oonae- devised tor au estate tail, or for an estate m quasi entail 
SSe^Sng before shall die in the lifetime of the testator leaving issue, who 
i^a^eiLue"" ^^^'d be inheritable under such entail if such estate ex- 
isted and any such issue shall be living at the time of the 
death of the testator ; such devise shall not lapse, but 
shall take effect as if the death of such person had hap- 
pened immediately after the death of the testator ; unless 
a contrary intention shall appear by the will. 
Deyiaes to testa- 27. Where any person^ being a child or other issue of 
l^*!."whodie be- the tcstator, to whom any real or personal estate shall be 
la^^^lrthey^ deviscd or bequeathed for any estate or interest not deter- 
hayeieft 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 of the testator ; 
unless a contrary intention shall appear by the will. 
Penalty for sup- 28. Any pcrsou suppressing a will shall forfeit after 
pr ngaw . ^^^ lapse of the first thirty days, twenty dollars for every 

jnonth he shall so suppress such will. 
Definition of 29. The words and expressions hereinafter mentioned, 

ff'i*ii\ii 

which in their ordinary signification have a more confined 
or a different meaning, shall in this Chapter, except wheD 
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 auy 
other testamentary disposition ; the words " real estate " 
shall extend to manors, messuages, lands, rents and here- 
ditaments, whether of freehold or any other tenure whatso- 
ever, and wheresoever situate, and whether corporeal, in- 
corporeal or personal, and to any undivided share tbereof| 
and to any estate, right or interest, other than a chattel in- 
terest therein ; and the words *' personal estate^' shall extend 
to leasehold estates and other chattels real, and also to 
moneys, shares of government and other stocks or fund^ 



TITLB ZUL] TITLB BT DESCEST. 

whether io this ProviooB or the United Kingdom or else- Qh^ 

where, to BOcnritiei for nvine; not being real estate, to 

debts, rightn of action, rights, credits, goods, and all other 
property whatsoever, which by law devolves npon the 
executor or administrator, and to anj* share or interest 
ChereiD. 



CHAPTER 82. 

OF THK DeSCfiNT UF REAI, AXQ PESBOKAL ESTATE. 

1. Where any person shall die entitled to any real Rnie otd«jK 
estate in fee simple or for the life of another, not having miMAtewi 
Revised the SRme, it shall descend to his children in eqnal ^^^ '"" 
shares, and in case of the decease of any of his children, 

Xo such Eia shall legally represent them, such represen- 
tatives to take the share of the deceased parent in eqaal 
proportions, and if there be no child of the intestate living 
&t the time of his death, to his other lineal descendants', 
^ad if all the descendants shall be in the same degree of 
iciodred they shall share the estate equally, otherwise they 
shall take according to the right of representation. 

2. It the deceased shall leave no issue, one-half of his wihi«iib isiv 
real estate shall go to his father, and the other half to his "'*"*■ 
■widow in lien ot dower ; and if there be no widow the 

fvhole shall go to his father. 

3. If he shall leave no issue, nor futher, one-half of bisoihv<wia,ud 
real estate shall go to the widow, and the other- half shall kiadiwL*"^ 
t>e distributed in equal shares to his mother, brothers and 
sisters, and the children of any deceased brother or sister 

\iy right of representation ; and, if there be no widow, the 

Wbole shall gu to his mother, brothers and sidters, and the 

•hildren of any deceased brother or sister by right of 

•epresuTitivtitui ; mid where the intestate shall leave no 

Bsue, and no widow, father, mother, brother or sister, nor 

he children of nny brother or sister, bis estate shall go in 

goal s