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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>'^ogral  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    Him  flaawB.  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  0 
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  0 
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  iJMoti  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 
MJI  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 
'  BWgWgation  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  aervo  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^^gff/!"' 
^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>  .-iiL.  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. 


Chap.  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 ;  amww 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  ^^  oomrjrtw 
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 
^portb 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*. 
■CflnthwtucHttrict  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  ^^,^^ 
0  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  lego*  Wy 
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- 
Bjrst  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  befflg^_^ 

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  shares  to  his  uext  of  kin  in  equal  degree,  excepting 

'ut  where  there  are  two  or   more  collateral  kindred  in 

Bial    degree    bnt   claiming   through  different  ancestors, 

ntB  who  claim  through  the  nearest  ancestor  shall  be  pre- 

fred  to  titose  claimhig  through  an  ancestor  who  is  more 

(note;  but  in  no  case  shall  representatives  be  admitted 

long  collaterals  after  brother's  and  sister's  children. 

ft.     If  any  person  shall  die  leaving  several  children,  or^^^^^ 

ving  008  child  and  the  issue  of  one  or  more  others,  *°^  SiSJ!' '*JSS 

f  Boch  aarviving  sbild  shall  die  ander  age,  and  not  h&v-  'Ai^^ttMii ' 


372 


TITLE  BY  DESCENT. 


[PABT  11. 


Method  of  divi- 
ding property 
unoterlawt  sec- 
tion. 


Mode  of  oompu- 
ting  decrees  of 
kindrea. 


Chap.  82.    i^g  been  married,  all  the  estate  that  came  to  the  deceased 

child   by  inheritance    from   such   deceased   parent  shall 

descend  in  equal  shares  to  the  other  children  of  the  same 
parent,  and  to  the  issue  of  any  such  other  children  who 
shall  have  died,  by  right  of  representation. 

5.  If  at  the  death  of  such  child  who  shall  die  under 
age,  and  not  having  been  married,  all  the  other  children  of 
his  parent  shall  also  be  dead,  and  any  of  them  shall  have 
left  issue,  the  estate  that  came  to  such  child  by  inheritance 
from  his  parent  shall  descend  to  all  the  issue  of  the  other 
children  of  the  same  parent ;  and  if  all  the  issue  are  in 
the  same  degree  of  kindred  to  such  child,  they  shall  have 
his  estate  equally,  otherwise  they  shall  take  according  to 
the  right  of  representation. 

6.  The  degrees  of  kindred  shall  be  computed  according 
to  the  rules  of  the  civil  law  ;  and  the  kindred  of  the  half 
blood  shall  inherit  equally  with  those  of  the  whole  blood  in 
the  same  degree. 

wiierenokin-  7.  If  the  intcstato  shall  have  no  kindred,  his  estate 
tod^dowu  ghall  go  to  the  widow  to  her  own  use. 
intereat  of  d^  g.  The  interest  of  a  party  in  lands  held  in  trust  for  him 
hSdin^nst  in  foc  simple  shall  descend,  and  shall  be  chargeable  with 
debSr***^^*^^  his  debts  in  the  same  manner  as  if  he  had  died  seized  of 
such  lands. 

9.  The  personal  estate  of  any  person  who  shall  die 
without  having  bequeathed  the  same  shall  be  distributed 
as  follows : 

The  widow  shall  be  allowed  all  her  paraphernalia,  articles 
of  apparel  or  ornament,  according  to  the  degree  and  estate 
of  her  husband,  the  apparel  of  the  minor  children,  and  also 
such  provisions  and  other  articles  as  shall  be  necessary  for 
the  reasonable  sustenance  of  herself  and  the  familv  under 
her  care  for  the  period  of  ninety  days  after  the  death  of 
her  husband  ;  and,  in  addition,  such  provisions  and  other 
necessaries  for  the  use  of  herself  and  family,  as  shall  be 
allowed  and  ordered  by  the  judge  of  probate,  and  such 
allowance  shall  be  made,  as  well  when  the  widow  waives 
the  provision  made  for  her  in  the  will  of  her  husband  as 
when  he  dies  intestate. 

The  wearing  apparel  of  the  deceased,  not  exceeding 
forty  dollars  in  value,  shall  be  distributed  at  the  discretion 
of  the  executor  or  administrator  among  the  family  of  the 
deceased. 
"The  remaining  personal  estate,  after  payment  of  the 
debts  of  the  deceased,  the  charges  of  his  funeral,  and  the 
necessary  medical  and  other  attendance  upon  him  in  bis 
last  illness,  and  the  expenses  attendant  upon  the  settle- 
ment of  the  estate,  shall  be  distributed,  one  third  to  tbe 
widow^  if  any,  and  the  residue  among  the  persons  who 


Hulee  for  dis- 
tributing perao- 
nal  estate  of  in- 
testates. 


TITLE    ZIX]  TITLE  BT  DESCEBT. 

wodM  be  entiUfld  to  the  real  estate,  and  if  there  be  no  Cha 
widow,  then  the  whole  among  such  peraoog. 

10.  Any  child  born  after  the  deatti  of  the  father,  there  pmUhu 
being  no    provision  made   in  his  will  for  such  child,  shall  ^'^3^ 
have  the  like  interest  in  the  real  and  personal  estate  of  his  ^"^j^ 
iather  as  if  he   had   died  intestate ;  aud  all  the  devisees  pransfo" 
and  legatees  in  the   will  shall  abate   proportiouably  their 
respective  devises  and  bequests  ;  the  share  of  the  postba- 
zaoas  child  to  be  set  out  and  assigned  by  the  court  of  pro- 
bate so  as  to  affect  as  little  as  possible  the  disposition  of 

the  property  made  by  the  testator. 

11.  If  a  married  woman  shall  die  intestate,  without  ^^J^^ 
igsne  ber  surviving,  one  half  of  the  real  and  personal  >»ei'»»»is. 
estate  owned  by  her,  in  her  own  right,  or  held  by  her  for  "  __ 
Iter  separate  use,  shall  go  to  her  husband,  and  the  other 

jbalf  to  her  father,  or  if  she  have  no  father,  then  to  her 
xnother,  brothers,  and  sisters,  in  equal  shares,  and  the 
children  of  any  deceased  brother  or  sister,  by  right  of 
representation;  and  if  there  be  no  issue,  father,  mother, 
brother,  or  sister,  or  child  of  brother  or  sister,  the  whole 
sliall  go  to  her  husband. 

12.  Any  real  or  personal  estate  given  by  the  intestate  "™£^^JJf^-„ 
ckB  an  advancement  to  any  child  or  grandchild,  shall  be  "'•I'loii  ud 
<30QBidered  as  a  portion  of  the  estate  of  the  intestate,  so 

far  as  regards  the  division  and  distribution  of  the  estate  of 
4;he  deceased,  and  shall  be  taken  by  such  child  or  grand- 
csliild  towards  his  share  of  the  intestate's  estate.  ' 

13.  If  such  advancement  shall  exceed  the  share  of  the  s*"* ■'">ia:t. 
cfaild  or  grandchild,  so  advanced,  he  shall  be  excluded  from 

Sbuy  further  portion  in  tbe  division  and  distribution  of  the 
testate,  but  be  shall  not  be  required  to  refund  any  of  such 
a^dvancement ;  and,  if  the  amount  so  received  shall  be 
lees  than  his  share,  he  shall  be  entitled  to  as  much  more 
*A  will  give  him  his  fall  share  of  the  estate  of  the  deceased. 

14.  If  the  advancement  be  in  real  estate,  the  valae  ^tdvumnisDt  in 
^^vreof  shall,  for  the  purposes  of  the  preceding  section,  be  uVonuidsKd 
Jonsidered  as  part  of  the  real  estate  to  be  divided  ;  and  if  ""'"«"'•'«»- 

w**>  erlher  case  it  shall  exceed  the  share  of  real  or  of  per- 
M^sol  estate  respectirely  that  would  have  come  to  the  child 
m^**f  grandchild,  so  advanced,  he  shall  not  refund  any  part 
F.of  It,  bat  shall  receive  so  much  loss  oot  of  the  other  part 
S  of  the  estate  as  will  make  his  whole  share  equal  to  those 
wOf  tbe  other  heirs  wbo  are  in  tbe  same  degree  with  him. 
■     15,     All  gifis  and  grants  shall  be  deenjed  to  have  ^oen  whi^girt. oi^ 
,  Dutdo  in  advancement,  if  expressed  in  the  gift  or  grant  to^dadnoce- 
be  «o  made,  or  if  charged  in  writing  by  the  intestate  as  an  ™°''' 
advancement,  or  acknowledged  in  writing,  as  such  by  the 
child  or  grandchild,  or  upon  the  evidence  of  witnesses,  to 
be  examined  before  the  judge  of  probate,  and  not  oXher- 
rise.. 


374  FRAUDS  AND  PfiBJURIBS.  [PABT  U. 

Ghap.  83.       16.    If  the  value  of  the  estate  so  advanced  shall  be 

vaiiiation  by     oxpressod  ID  the  coDvejaDce,  or  id  the  charge  or  valaation 

teMitoroonoia-  thereof  made  by  the  intestate,  it  shall  be  considered  as  of 

that  valae  in  the  division  and  distribation  of  the  estate ; 

othervirise  it  shall  be  estimated  according  to  its  valjae  when 

given. 

Advmnoenient^     17.    If  anv  child  or  grandchild  so  advanced  shall  die 

bS^^ntState.  before  the  intestate,  leaving  issue,  the  advancement  shall 

be  taken  into  consideration  in  the  division  and  distribution 

of  the  estate,  and  the  amount  thereof  shall.be  allowed 

accordingly  by  the  representatives  of  the  child  or  grand- 

child  so  advanced  as  so  much  received  towards  their  share 

of  the  estate,  in  like  manner  as  if  the  advancement  had 

been  made  directly  to  them. 

SJto^aSto''       18.     Nothing  in  this  Chapter  contained  shall  affect  the 

domnot. affeot-  title  of  a  husbaud  as  tenant,  by  the  curtesy,  nor  that  of  a 

^*        widow  as  tenant  in  dower, 
ijadsheidto         19.    Lauds  held  as  dower  by  the  widow  shall,  after  her 
dedf '  °^   ^^  decease,  be  divided  as  hereinbefore  directed.     Lands  set 
off  as  dower   prior  to  the  act  of  fifth  Victoria,  Chapter 
twenty-two,  shall,  after   the   decease   of  the   widow,   be 
divided  as  before  the  passing  of  that  act. 
^SSSSiiM^     20.     All  such  estate,  real  or  personal,  as  is  not  devised 
intestate.         in  a  will,  shall  be  distributed  as  if  the  testator  had  died 
intestate. 


TITLE    XX. 

OF  FRAUDS,  PERJURIES  AND  SECRET 

BILLS  OF  SALE. 


CHAPTER    83. 

OF  THE  PREVENTION    OP   FRAUDS    AND   PERJURIES. 

Leases  and  68-        1.     All  leasos,  estates,  or  other  interests  in  lands  or  in 

Ac.,  not  in  Wri-  mining  areas  or  other  raining  rights  or  privileges  not  put 

toSSitwinTex- in  writing  and  signed  by  the  parties  creating  or  making 

JUiJ^^^«*««  the  same,  or  their,agents  thereunto  authorized  by  writings 

yean.  shall  have  the  force  of  leases  or  estates  at  will  only,  except 

leases   not  exceeding  the  term  of  three  years  from  the 

making  thereof  whereupon  the  rent  reserved  shall  amount 

at  least  to  two-thirds  of  the  annual  value  of  the  lands 

demised. 


rrtTLE   XZ.]  FUDD6  AND  FEBJURIES. 

2.  No  interest  in  land  or  in  mining  areas  or  other  mioiog  Chai 
righta  or  priTilegee,  shall  be  assigned,  granted  or  snrreod- j^f^ 
«red,  except  by  net  and  operation  nf  law,  nnlees  it  be  by^,-^^, 
<3eed  or  note  in  writing,  signed  by  the  party  assigning,  loMiam 
granting  or  snrrendering  the  same,  or  by  his  agent  there- 
ODto  authorized  by  writing. 

3.  No  acttiin  shall  be  brought  whereby  to  charge  any  Ooatnett 
«xecator  or  adminietmtor  upon  any  special  promise  toi^uBsi^ 
answer  damages  out  of  his  own  estate,  or  whereby  to^^^" 
charge  a  defendant  npon  any  special  promise  to  answer  for 

the  debt,  defaolt  or  miscarriage  of  another  person,  or 
whereby  (o  charge  any  person  upon  any  agreement  made 
upoD  consideration  of  marriage,  or  npon  any  contract  or 
sale  of  lauds  or  any  interest  therein  ur  in  any  mining  areas 
or  other  mining  rights  or  privileges,  or  upon  any  agreo- 
meot  that  is  not  to  be  performed  within  the  space  of  one 
year  from  the  making  thereof,  unless  the  agreement  upon 
vrhicb  the  action  shall  be  brought,  or  some  memorandum 
or  note  thereof  shall  be  in  writing,  HJ^nud  by  the  party  to 
be  charged  therewith,  or  some  other  person  anthorized  by 
bim. 

4.  No  special  promise  hereafter  made  by  any  person  to  P"oii«t»pe 
answer  for  the  default,  debt,  or  miscarriage  of  another  per- dchT^iaother 
son,  being  in  writing  and  signed  by  the  party  to  be  charged  ™^J?^^ 
therewith,  or  some  other  person  by  him  thereunto  lawfully  ^^^of  oMuiii». 
^athorized,  shall  be  deemed   invalid  to  support  an  action, 

sTiit,  or  other  proceeding  to  charge  tlio  person  by  whom 
such  promise  siiall  have  been  made,  by  reason  only  that  the 
ooosideration  for  snch  promise  does  not  appear  in  writing 
or  by  necessary  inference  from  a  written  docnment. 

5.     No  contract  for  the  sale  of  any   goods  for  the  price  oonjinomtrMti. 
of  forty  dollars  or  upwards  shall  be  good,  nnless  the  buyer  buyer  iM^pt™ 
*M5cept  part  of  the  goods  ao  sold  and  actually  receive  the  S^| ^r'noS^In 
^*me,  or  give  something  in  earnest  to  bind  the  bargain  orjj^jjy* 
■n   part  payment,  or  that  some  note  or  memorandum  in' 
Writing  of  the  bargain  be  made  and  signed  by  the  parties 
^  be  charged  by  such  contract,  or  by  their  agents  there- 
<Kilo  aatborized. 
M      8.     No  declarafion  or  creation  of  a  trust  in  lands  or  in  i>«JMtioii. 
■lOining  areas  or  other  naining  rights  or  privileges,  shall  be  tmst^ui^di  to 
■^id  unless  it  shall  he  in  writing,  signed  by  the  party  en- [J^p^'jj^y^. 
■j^tled   to  declare  or  create  the  trust,  or  by  his  last  will;  •""'ng'™** 
Witt  this  provision  nhnW  not  oxtend  to  any  trusts  in  lands  or 
ntfoing^  areas  or  oilier  mining  rights  or  privileges  arising 
V^nisnltiag  by  implication  or  construction  of  law,  or  which 
'Bay  be  transferred  or  extinguished  by  act  or  operation  of 
kw. 

7.     No  grantor  assignment  of  any  trnst  shall   be  valid  Antenmmtjrf 
liiloss  it  Hhall  be  in  writing,  signed  by  the  party  granting  •thudi. 
«  a«»i|;aiD£  the  same,  or  by  his  last  will. 


376  secret  bills  op  sale.  [part  h. 

Chap.  84. 

CHAPTER   84. 

OF  THE  PREVENTION  OP  FRAUDS  ON  CREDITORS  BY  SECRET 

BILLS  OF  SALE. 

■ 

Bills  of  sale  or        1.     Every  bill  of  sale  of  personal  chattels  made  either 

be  flSdwit?      absolutely  or  conditionally,  or  subject  or  not  subject  to  any 

^J^romakeT^  trust,  and  whereby  the  assignee  shall  have  power  either 

resides.  ^yj^h  or  without  uotice  on  the  execution  thereof,  or  at  any 

subsequent  time  to  take  possession  of  any  property  and 

effects  comprised  in  or  made  subject  to  such  bill  of  sale, 

and  every  schedule  annexed  thereto  or  therein  referred  to^ 

or  a  true  copy  of  such  bill  of  sale  and  schedule,  shall  be 

filed  with  the  registrar  of  deeds  of  the  county  or  district 

where  the  maker  resides  ;  and  in  case  a  copy  be  filed  the 

same  shall  be  accompanied  by  an  affidavit  of  the  execution 

of  the  original  bill  of  sale :  otherwise,  such  bill  of  sale,  as 

against  the  assignee  of  the  grantor,  under  the  laws  relating 

to  insolvency,  or  for  the  general  benefit  of  his  creditors,  or 

as  against  the  execution  creditors,  or  sheriffs  and  con* 

stables,  and  other  persons  levying  on  or  seizing  the  pro- 

Only  to  take  ©f-  perty  Comprised  therein,  under  process  of  law,  shall  only 

tiling^™       °  take  effect  and  have  priority  from  the  time  of  the  filing 

thereof. 

m«iT*°**^^*     2.     In  case  such  bill  of  sale  is  subject  to  any  defeasance 

the  same  shall  be  considered  as  part  thereof,  and  sucb 

defeasance,  or  a  copy  thereof  shall  be  filed  with  the  bill  of 

sale  or  copy  :  otherwise  such  bill  of  salo  shall  be  null  and 

void  as  against  the  same  persons  and  as  regards  the  same 

property  and  effects,  as  if  such  bill  of  sale  or  copy  thereof 

had  not   been  filed   according  to   the  provisions  of  this 

Chapter. 

^}|^^^<>^g»^«^^  be     ^'     '^^^^  registrar  of  deeds  shall  cause  the  bills  of  sale 

immbered and    or  copios  thereof,  80  deposited  with  him,  to  be  numbered 

indexed.  ^^^  iudoxcd,  and  an  alphabetical  list  thereof  to  be  made 

in  a  book  to  be  kept  by  him  for  that  purpose,  containing 

the  names  and  descriptions  of  the  grantors  and  grantees,  the 

date  of  execution  and  filing,  and  the  sums  for  which  the 

t^OT^°^*"''*"'    s^™®  have  been  given  ;  and  every  bill  of  sale  or  copy  may 

be  inspected  by  any  person  paying  a  fee  of  twenty  cents 

therefor. 

?nter^T'  *»°^     4.     When  a  bill  of  salo  shall  have  been  discharged,  an 

entry  of  such  discharge  may  be  made  in  the  registry  list 

upon  the  production  of  a  certificate  from  the  holder  of 

such  bill  of  sale  duly  attested  to  by  the  oath  of  a  subscri* 

bing  witness  made  before  the  registrar  of  deeds  or  any 

justice  of  the   peace,  or  otherwise  as   required   for   the 

registry  of  deeds  of  real  estate,  and  such  certificate  shall 


TITLE  ZX.]  SECBET  BILLS   OF  SALE.  37T 

be  iodexed  aod  entered  od  the  list,  and  od  the  files  kept  by  Chap.  84. 
the  registrar. 

5.  The  registrar  sbnll  be  entitled  to  twenty  cents  for  B^gutnr'a  lan. 
his  troable  in  filing,  indexing  and  entering  every  bill  ot 
sale  or  copy,  and  to  twenty  cents  for  administering  every 
oath  under  this  Chapter,  and  to  twenty  cents  for  entering 
and  indexing  every  certificate  ot  discharge  of  a  bill  of 
sale. 

6.     In  construing  this  Chapter  the  following  words  and  """'"J?*, 
cipressions  shall  have  the  meanings  hereby  assigned  to  duptw. 
tlem,  unless  there  be  something  in  the  subject  or  context 
repngnaot  to  snch  construction,  that  is  to  say: 

iTie  expression  "bills  of  sale"  shall  include  bills  of " bi»»  rf  •»>». 
8«le,  assigaments,  transfers,  declarations  of  trust  without 
t^nosfer,  and  other  assurances  of  personal  chattels,  and  also 
{toners  of  attoruey,  authorities  or  liceoses  to  take  posses- 
sion of  personal  chattels  as  security  for  any  debt ;  bat 
aliall  not  inolnde  the  following  docnmenta,  that  is  to  say, 
susignmeats  for  the  general  benefit  of  the  creditors  of  the 
person  making  or  giving  the  same,  marriage  settlements, 
'tmnsfers  or  assignments  of  any  ship  or  vessel,  or  any  share 
diereof,  transfers  of  goods  in  the  ordinary  course  of  busi* 
nesBof  any  trade  or  calling,  bills  of  sale  of  good :<  in  foreign 
parts  or  at  sea,  bills  of  lading,  warehouse  keepers'  certiS- 
csates,  warrants  or  orders  for  the  delivery  of  goods,  or  any  _ 
other  documents  naod  in  the  ordinary  course  of  business 
5^*  prooi  of  the  possession  or  control  of  goods,  or  author- 
i»ng  or  purporting  to  authorize,  either  by  endorsement  or 
l>^  delivery,  the  possessors  of  such  documents  to  transfer  or 
■*«ceive  goods  thereby  represented,  or  assignments  of  per 
»orial  property  to  creditors  under  proceedings  for  the  relief 
*^f  insolvent  debtors. 

The  expreB»<iun  "personal  chattels"  shall  mean « Pawiui otuit- 
S^ods,  furniture,  fixtures  and  other  articles  capable  of  com-  '*'"■" 
S^lele  transfer  by  delivery;  and  shall  not  include  chattel 
**)terest9  in  real  estate,  nor  shares  or  interests  in  the  stock, 
•Ooda  or  secnrities  of  any  government,  or  in  the  capital  or 
4*»-operty  of  any  incorporated  or  joint  stock  company,  nor 
**fcoses  in  action. 

Personal  chattels  shall  be  deemed  to  be  in  the  "  ap- ■' Anpu^it  pca- 

eareut  possession"  of  the  person  making  or  giving  the"™""-" 
ill  of  sate  so  long  as  they  shall  remain  or  bo  in  or  upon 
*l>y  building,  land,  or  other  premises  occupied  by  him,  or 
*•  tbay  shall  be  oaed  and  enjoyed  by  him  in  any  place 
^'''InlMever,  not  withstand  tig  that  formal  possession  there- 
of may  have  been  taken  by  or  given  to  any  other  person. 


378 
Chap.  85. 


SOLBMNIZATION  OF  MABBIA6E» 


[PABTIL 


TITLE    XXL 


OP  THE   DOMESTIC   RELATIONS. 


CHAPTER  85. 


Oertain  muTU< 
ges  declared 
valid. 


Proviso. 


iMoe  declared 
legitimate. 


Olaims  ander 
issue  dedared 
valid. 


If  ot  to  affect 
pending  fuits. 

Governor  in 
ronndl  to  pre- 
8cribe  forms. 


Definition  of 
terms. 


OF  THE  SOLEMNIZATION  OF   MARRIAGE. 

1.  All  marriages  heretofore  solemnized  in  this  Province, 
in  good  faith,  before  any  minister  of  any  religions  denomi- 
nation, in  the  presence  of  one  or  more  witnesses,  and  wherB 
the  parties  so  married  have  cohabited  together  as  man  aod 
wife,  shall  be  deemed  and  are  hereby  made  valid  ;  notwith- 
standing any  real  or  supposed  want  ot  legal  authority  io 
the  ministers  to  solemnize  such  marriages,  and  notwith- 
standing any  want  of  license  or  of  publication  of  bannfl 
tinder  which  such  marriages  were  had,  or  any  other  legtl 
objection  thereto.  Provided,  that  nothing  herein  contained 
shall  have  the  effect  of  confirming  or  rendering  valid  any 
marriage  between  parties  who  were  not  legally  aathorizeo 
to  enter  into  the  marriage  contract,  by  reason  of  consao- 
guinity,  affinity,  or  otherwise. 

2.  The  issue  of  all  marriages  hereby  confirmed  or  rend-* 
ered  valid,  are  declared  to  be  and  are  made  legitimate  t(^ 
all  intents  and  purposes. 

3.  The  rights  of  parties  claiming  under  the  issue  of  any^" 
such  marriage,  shall  be  the  same  to  all  intents  and  purposes^ 
as  if  the  marriage  hereby  confirmed  had  been  valid  and  legal 
at  the  time  of  the  solemnization  thereof. 

4.  The  three  preceding  sections  shall  not  extend  to  or 
affect  any  suit  or  other  legal  proceeding  now  pending. 

5.  The  Governor  in  Council  may  from  time  to  time  pre- 
scribe and  change  forms  to  be  used  in  the  carrying  into 
operation  of,  and  for  facilitating  and  rendering  uniform  the 
duties  to  be  performed  under  this  Chapter,  which  forms 
shall  be  used  under  the  provisions,  penalties  and  obligar 
tions  of  this  Chapter,  in  the  same  manner  as  if  set  out  int 
Schedule  hereto  and  specially  referred  to,  unless  from  the 
context  the  meaning  is  evidently  different.  The  tern 
'^  deputy  registrar  *'  shall  mean  issuer  of  marriage 
licenses  and  deputy  registrar  of  marriages ;  and  '*  ooco* 
pier ''  shall  include  master,  governor,  keeper,  steward,  re- 
sident medical  officer  or  superintendent  of  gaol,  pnaoOi 
poors*  asylum,  hospital,  lunatic  asylum,  or  other  pablio  or 
private  charitable  institution. 


.B  XXJ.]  SOLilOnZATIOH  OP  UABKTAQG.  379 

Every  person  recognized  as  a  dniy  ordained  clergy-  Chap.  85. 
I  or  minister  by  any  congregation  or  body  of  ChrlBtiana  pe„o„,,i„ 
ain  this  Province,  may  solemnize  marriage  by  license,  ™Jrt^™''" 
-fter  publication  of  banns,  in  conformity   with  the  pro-  "* 
one  of  this  Chapter. 

.  No  person  shall  officiate  in  the  solemnization  of  any  '*'^''*^'^ 
riage,  unless  notice  of  such  marriage  shall  have  pre-  bTani. 
isly  been  given  publicly  during  tlie  time  of  divine 
'ice  at  three  several  meetings,  at  a  place  of  pablic  wor- 
I,  on  two  or  more  Sandaye,  provided  there  shall  be  more 
I  one  public  service  in  the  said  place  of  worship  on  each 
day,  otherwise  at  two  several  meetings  on  two  Sundays, 
he  place  where  at  least  one  of  the  parties  resides,  or 
IBS  a  license  shall  have  been  obtained,  as  herein  pro- 
bed, for  the  solemnization  ot  such  marriage. 

The  officiating  clergyman  or  minister  of  a  congrega-  Banos^whoin 
at  the  place  where  either  of  the  parlies  desiring  to  be  '^  " 
ried  resides,  sbull  give  the  notices  in  the  preceding 
ion  mentioned,  after  having  been  requested  to  du  so, 
iss  in  cases  whore  complitince  would  bo  illegal  or  in- 
listent  with  the  rules  and  discipline  of  the  church  or 
negation  to  whioh  the  clergyman,  minister  or  parties 
lectively  belong. 

Whosoever  not  being  thereto  duly  authorized  ahall  g^Jf* *^'°i^ 
mme  to  solemnize  or  celebrate  marriage,  or  shall  offici-  «  Kiemntuiic«i 
or  assist  in  solemnizing  or  celebrating  any  marriaee,  "  "*™**^ 
I,   for  every  such  offence,  forieit,  to   the   use  ot  Ber 
aety,  a  sum   not  exceeding  four  hundred  dollars,  nor 
than  one  hundred  dollars,  and  suffer  twelve  months 
risoumeut  notwithstanding  such  marriage  shall  be  io- 
d  by  law. 


5.     The  Governor  may  from  time  to  time  sign  and  seal  ^""^PJJ^ 
mge  licenses  in  blatilc,  which  shall  be  distributed  by  h^diitribated. 

Provincial  Secretary,  who  shall  place  them  in  such 
iber  as  may  from  tima  to  time  be  required,  together 
1  an  equal  numbor  of  blank  bonds,  in  the  hands  of  per- 
t  to  be  appoiuted  liy  tlie  Governor  in  Council  tUrough- 

the  Province  to  be   issuers  of  marriage  licenses  and 
uty  registrars  of  marrhigea,  and  wlio  shall  be  so  located 
hat  DO  part  of  any  county  shall  be  at  an  inconvenient 
anoe   from   one   of   tijam.     Due    publicity   under   tlie  inrornutkui 
iction   of  the  Goveruor  in   Council   shall  be  given  to  i™"'*'"* 
90  appaintmenta  and  the  objects  oi  this  Chapter, 
1.    The  issuers  or  deputy  registrars  shall  deposit  with  EjJ'Srf*'*" 
Provincial  Secretary  receipts  for  all  the  blank  marriage  wiptiiorU- 


380  SOLEMNIZATION  OF  MARRIAGE.  [PABT  n. 

Chap.  85.    licenses  they  shall  respectively  receive,  for  which  they 
shall  be  answerable  to  him  at  the  rate  of  two  dollars  aod 
fifty  cents  for  each  license. 
Mode  in  which       12.     When  a  marriage  license  is  required  for  use,  appli- 
iimuiil^^ri™' cation  shall  be  made  to  an  issuer  or  deputy  registrar,  who, 
^i^torf"*^  on  receiving  for  the  license  two  dollars  and  fifty  cents,  and 
on  execution  by  the  man  contemplating  marriage  and  saf- 
Bond.  ficient  sureties,   of  one  of  the  bonds   properly   filled  op, 

shall  insert  in  one  of  the   blank  marriage  licenses  in  his 
possession,  Ihe  name  of  the  clergyman  or  minister  to  whom 
it  is  to  be  directed,  and  the  names,  abodes  and  additions 
of  the  man  and  woman  to  be  married,  and  having  sob- 
scribed  it  with  his  own  name  and  the  exact  date  of  issuing, 
shall  deliver  the  license  so  perfected  to  the  party  applying; 
and  a  marriage  license  shall  not   be   issued   or   delivered 
except  thus  perfect  and  adapted  for  some  particular  mar- 
riage clearly  expressed  in  it,  and  it  shall  not   on  any  pre- 
tence be  used  for  any  other  marriage.     The  bond,  amoog 
other  things  shall  be  conditioned  for  return  of  the  license. 
Deputy reffirtrar      13.     Evory  doputy  registrar  or  issuer  shall  record  the 
of  uoei^and"^  issue  of  ovory  license,  with  the  date  and  the  names  of  the 
ti'lSwon!"*'       clergyman,  the  parties  and  sureties,  and  shall  record  the 
return  of  every  license,  with  the  date  when  received  bj 
him,  and  the  particulars  of  the  marriage,  and  the  name  of 
the  officiating  clergyman  as  certified  in  the  return. 
cierg3man  shall      14.     Every  clergyman  authorized  by  law  to  perform  the 
SS*<!f  aifJua?"  marriage  ceremony  shall  apply  for,  and  shall,  on  applies 
filSlihed'by'"    tiou,  obtain  from   the  nearest  issuer  or  deputy  registrar, 
deputy iwgistrar.  forms  in  which  he  shall  register  with  the  required  particn- 
lars,  all  the  marriages  celebrated  by  him,  whether  by  banns, 
license,  or  otherwise.     But  this  shall  not  be  construed  to 
interfere  with  the  keeping  of  any  other  marriage  register 
he  may  be  otherwise  required  or  may  see  proper  to  keep. 
iX'puty registrar      15.     It  shall  bc  the  duty  of  every  deputy  registrar  to 
J^,S^ri^°n*     ascertain,  as  far  as  may  be  in  his  power,  the  several  mar- 
vicinity.  riagcs  occurriug  in  his  vicinity,  and  to  cause   the  same  to 

be  registered  under  the  provisions  of  this  Chapter.     Whea 
When  persons    persous  whoso  sieruatures  are  required  are  unable  to  write, 

not  able  to  write.  7i      •  i  j      •      aI  r  j       xa      j.    J 

their  cross  or  mark,  made  m  the  presence  of,  and  attested 
by  the  deputy  registrar,  or  a  witness,  shall  be  equivalent 
p«^«TjOTin  to  signature.  It  shall  be  in  the  power  of  the  Governor  in 
ftneumiteof  ^  Couucil,  should  it  be  found  expedient  for  carrying  oat  this 
^ra*]mSdL  Chapter,  from  time  to  time,  to  cause  the  limits  to  be  defined 
tion.  q{  all,  or  of  some  only,  of  the  deput}''  registrars'  jurisdic- 

tion under  this  Chapter,  and,  as  occasion  may  reqairOi  to 
Errors  in  regis-  alter  the  Same,  of  which  due  publicity  shall  be  given.    If 
iSiJS^^"^^'     any  error  shall  be  discovered  to  have  been  committed  in 
the  entry  of  any  marriage  in  any  register,  the  person  dis- 
covering the  same  shall  forthwith  give  information  thereof 


E  ZZT.]  SOLEMNIZATION  OF  UABBTAQE.  3E 

e  depnty  registrar,  and  such  deputy  registrar  ia  here-  Chap.  85. 

iithorized  and  required  to  investigate  the  circumstau-  

■f  the  case  ;  and  if  he  shall  be  satisfied  that  an  error 
leen  committed  in  any  such  entry,  it  shall  be  lawful 
im  to  correct  the  erroneous  entry,  according  to  the 
I  of  the  case,  by  entry  in  the  margin,  without  any 
ition  ot  the  original  entry.  Envelopes  enclosing  the  BnTeiopa. md 
rs  or  returns  required  to  be  transmitted,  and  made  how'mJrked. 
r  this  Chapter,  shall  be  marked  "  registration  retHms," 
the  signataro  of  the  officer  or  clergyman  trans- 
ng,  subscribed. 


.     Every  clergyman  shall  return  to  the  issueror  deputy  ciergjnun  «1utl 
trar,  by  whom  the  same  is  subscribed,  every  marriage  regiBtUrra^  ^ 
ae  used  by  him  for  the  celebration  of  marrifige,  within  ^^"tS^y. 
aye  after  such  celebration,  with  the  blauk  certificate '"*""*'™b^- 
rsed  thereon  fully  filled  in  and  subscribed  by  himself, 
ig  the  fact  of  the  celebration,  the  names,  abodes,  and 
ions  of  the  couple  married,  the  time  .and  place  of  such 
age,  and  the  names  of  at  least  two  persons  present 
lat  besides  himself. 

.     Every  clergyman  or  minister  shall  keep  a  register  ^*""''*jP  "»<"• 
I  marriages  solemnized  by  him,  whether  by  banna  or  TtigsinDdn- 
Be,  by  iilliog  up  a  blank  form  with  all  the   particulars  f»'^"'™'" 
ired  concerning  each  marriage,  and  shall  return  it  along 
the  license,  or  by  itself  if  said  marriage    has  beeu 
mized  by  banns,  to  the  nearest   issuer   of  marriage 
BeB,  or  the  issuer  from  whom  tlio  licenso  was  received, 
a  ten  days  altoisiiuh  i.-oleliration,  and  shall  be  entitled  '*■ 
caive  twcnty-fivo  cents  for  each  return  of  marriage  so 
L,  provided  it  has  been  made  conformably  to  law. 

leaners  of  marriage  licenses  shall  make  returns  to  i"u«» '>>»>u 
Provincial  Secretary's  ofHce,  in  the  first  weeks  of  Jan-^LOT»ioF.8.&. 

April,  July,  and  October  in  every  year,  of  all 
mgea  of  which  returns  have  been  made  to  them  by 
^en,  which  returns  shall  cnotaia  all  the  particulars 
1  ID  the  forms  filled  up  and  forwarded  to  them  by  said 
ymen ;  and  they  sbitll  receive  fifty  cents  for  each  mar- 
so  retnrned,  to  be  paid  out  of  the  marriage  license 


'J.     Stj   Ifrjiii/tl  Regiitrar. 
.    Ever?  deputy  regialmr  shall,  in  the  second  weeks  D«putyre^rt»t 
Doary,  April,  July  aud  Otitober,  in  each  year,  return  ^ItoirinJri!'* 
r^fais  jsigoatar^,  to  the  Provincial  Secretary's  office  aa  toni»«rB.ft,o. 


382 


SOLEMNIZATION  OF  MABBIAQB. 


[PART  n. 


Chap.  85. 

LioeDses  usued 
and  returned. 

Bonds. 

Begisters  re- 
turned by  cler- 
gymen. 

His  own  reoorda 
(if  nurriages. 

All  returns  re- 
cjuired  under 
this  Chapter. 


Deputy  registrar 
Hhail  account  to 
Provindal  r'ecre- 
taiy  for  all  li- 
censes. 


(1.)  All  the  licenses  issued  bj  bim  and  returned  to  him, 
with  all  certificates  of  marriage  returned  to  him. 

(2.)  All  bondd  taken  by  him  on  the  issue  of  marriage 
licenses. 

(3).  All  the  registers  of  marriage  returned  to  him  by 
clergymen. 

(4.)  His  own  records  of  marriage  licenses  issued  by.  and 
certificates  of  marriage  returned  to  him. 

(5.)  And,  generally,  all  the  entries  and  returns  required 
under  this  Chapter  to  be  made  by  the  deputy  registrar  io 
relation  to  marriages,  together  with  an  exact  list  of  the 
documents  returned  signed  by  him. 

20.  Every  deputy  registrar  shall  also,  within  the  first  . 
weeks  of  January,  April,  July  and  October  in  each  year, 
return  to  the  Provincial  Secretary's  oflSce,  an  account  veri- 
fied under  oath,  of  all  marriage  licenses  issued  b^  him,  and 
of  the  number  of  marriage  licenses  remaining  in  his  hands, 
and  shall  pay,  and  with  such  account,  transmit  to  the  Pro- 
vincial Secrelarv's  office  the  full  amount  of  fees  on  all 
licenses  issued  by  him,  at  two  dollars  and  fifty  cents  for 
each  license,  deducting  the  sums  paid  by  him  to  clergymen, 
under  the  seventeenth  section,  and  of  which  he  shsU 
render  an  account  under  his  signature. 


PEXALTIES. 


Penalty  for  sol- 
eiuniziug  mar- 
riage otherwise 
than  as  herein 
provided. 


ft'iialty  for  re- 
f  u.><il  to  jBfive  no- 
tices as  in  sec- 
tions 7  and  8. 


Penalty  for  falsi- 
fying marriage 
license. 


21.  Every  person  who  shall  officiate  in  the  solemnization 
of  marriage,  unless  under  license  issued  in  conformity  with 
the  provisions  of  this  Chapter,  or  under  banns  or  notice* 
given  in  conformity  with  the  provisions  of  this  Chapter, 
shall  forfeit  two  hundred  dollars. 

22.  Every  officiating  clergyman  or  minister  of  a  conpO' 
gation,  who  shall,  in  violation  of  the  seventh  and  eighth 
sections,  refuse  or  neglect  to  give  the  notices  directed  by 
those  sections,  shall,  except  as  therein  excepted,  forfeit 
two  hundred  dollars,  and  shall  be  liable  to  an  action  for 
damages  at  tlie  suit  of  either  of  the  parties  aggrieved. 

28.  Any  clergyman  or  minister  who  shall  use,  and  all 
persons  who  shall  be  instrumental  in  the  using  of,  a  ma^ 
riago  license  that  shall  not  have  been  perfected  and  filled 
up  and  subscribed  by  a  deputy  registrar,  in  manner  as 
herein  directed,  and  any  person  who  shall  alter  or  assist. 
or  be  concerned  in  altering  any  marriage  license  that  has 
been  so  perfected,  or  shall  celebrate  or  assist,  or  bo  con- 
cerned in  celebrating  any  marriage  under  pretence  of  m 
marriage  license  issued  for  another  and  different  marriage, 
shall,  for  every  and  each  of  the  said  offences,  be  liable  to  ^ 
penalty  not  exceeding  two  hundred  dollars. 


riTLB  zxl]      bolehnization  op  harriaqb.  383 

24.  Ever;  olergymao  wlio  shall  not,  witbin  ten  days  Chap.  85. 
iftor  th»  celebration  of  a  njarriage  by  him  untjer  license,  p^^j^for'^M" 
returo  the  license  with  u  certificate  ot  the  peribmiftnce  of"*"™"«"- 
the  ceremony  as   required   by  this   Chapter,  and   every 
clergyman  entitled  to  solemnize  marriage,  who  shall  not 

ffithin  the  time  and  in  the  manner  required  by  the  seven- 
teenth   section,   make   the    retnrn   of   marriages   therein  > 

lirected,  to  the  issuer  of  marriage  licenses  from  whom  he 
"ecoived  the  blank  lorma,  or  if  he  shall  not  continue  to  be 
ssner  of  marriage  licenses,  then  to  his  sncceasor,  or  other- 
wise to  the  nearest  issuer  of  marriage  licenses,  or  in  case 
)f  absence  from  home  or  illneBS,  than  within  ten  days  after 
■etam  or  recovery,  shall  for  each  neglect  forfuit,  for  the 
]8e  of  the  issner  of  marriage  licenses  to  whom  the  return 
ihoold  ha  made,  tour  dollars,  and  for  every  day  after  such^ 
eo  days  until  retnrn  shall  be  made  as  required  by  this 
Chapter,  twelve  and  one  half  cents. 

25.  Every  deputy  registrar  who  neglects  or  refuses,  or  ^"'7]"  ""- 
ritboat  probable  cause,  omitd  to  make  any  entry  or  fulGl  Se^tyngini^ 
my  duty  which  by  this  Chapter  he  ought  to  make  or  do, 

>r  who  shall  carelessly  lose  or  injure  any  license,  or  bond, 
register,  entry,  document,  or  paper  which  was  in  his  pos- 
tession,  under  this  Chapter,  or  who  shall  not,  within  the 
oeriods  herein  prescribed,  make  all  the  several  returns  and 
payments  which  by  this  Chapter  he  ought  to  make,  or  who 
shall  part  with  or  allow  to  go  out  of  his  possession,  any 
marriage  license,  except  in  conformity  with  the  provisions 
of  this  Chapter,  or  who  shall  in  any  other  particular  do 
ftnylhing  contrary  tu  the  provisions  of  this  Chapter,  or 
omit  to  do  iinytbing  therein  required,  shall  forfeit,  to  be 
paid  to  the  Provincial  Secretary  for  the  use  of  the  mar- 
riage license  fund,  a  fine  of  four  dollars,  and  the  further 
Am  of  twelve  and  one  half  cents  for  every  day  for  which 
'Xy  such  return  or  payment  shall  be  delayed  after  the 
Jna  within  which  tlie  satnu  should  he  made. 

i"  36.    Every  person  who  shall  knowingly  or  wilfully  make,  k^g'S.^'^^' 
ffBhall  cause  to  be  made,  tor  tbe  purpose  of  being  inserted  "»■<'■' 
hny  register  of  marriages,  aoy  false  statements  touching 
|i%  of  the  particulars  herein  required  to  be  known  and 
'h^stered,  shall  forfeit  two  hundred  dollars. 

27.     Every  person  who  shall  wilfully  send  to  any  news-  Pemayror  jri'- 
'  piper  puLilrsher,  or   other  parson,  for  publication   in   any  mftiM" '"''"" 
^spaper  in  this  Froviiice,  a  fictitious  or  false  statement 
'A  the  marriage  of  any  purson  shall   forfeit  and  pay  a  snm 
lot  exceeding  one  hundred  dollars. 


L 


AND  biSTItlurrcoS  of  PBN'ALTIBS  AMD  FTNBS. 

28.    All  fines  and  fees  made  payable  to  or  for  the  useof  S^tb!? 
a  deputy  registrar,  may   be  sued  for  in   the  name  ot  th©  9«>"" 


384 


PROTECTION  OF  MARRIED  WOICSN.  [PABT  II. 


Fine*,  Ac.,  not 
made  pajmble  to 
depnty  registrar, 
toow  ^jeoovered. 


Chap.  86.  p^rtv  entitled  as  a  private  debt,  and  it  shall  be  Bnfficient  to 
state  in  the  writ  that  the  money  is  claimed  for  the  defend- 
ant's neglect  of  duty,  or  for  services  performed  by  the 
plaintiff  under  this  Chapter,  as  the  case  may  be. 

29.  All  fines,  penalties,  and  forfeitures,  which  are  not 
made  payable  to,  or  to  the  use  of  the  deputy  registrars, 
may  be    prosecuted  by   the  Provincial   Secretary  in   the 
countv  or    district   wherein  the   offence   occurred.     The 
money  when  recovered,  after  deducting  expenses,  shall  be 
applied  one-half  to  the  use  of  the  marriage  license  fuudf 
and  the  other  half  to  the  use  of  the  county,  to  be  paid  to 
the  County  Treasurer. 

30.  The  actions  shall  be  conducted  as  for  private  debts, 
and  it  shall  sufBce  if  the  writs  briefly  state  the  offence  com- 
mitted. 

31.  Every  issuer  of  marriage  licenses  shall,  before  en- 
tering upon  the  duties  of  his  office,  give  a  bond  to  Her 
Majesty  with  sureties  in  the  sum  of  two  hundred  dollars 
for  the  faithful  performance  of  his  duties. 


A<!t{on8,  how 
conducted. 


iKtuers  of  niai- 
riage  licenses  to 
f{ive  bonds. 


A  wife  deserted 
b}'  liu^tband  may 
apply  to  coart 
for  order  to  pro- 
tect Jier  propier- 
ty. 


Judgeif  satisfied 
of  desertion  may 
grant  order. 


Wife  shall  hold 
property  n» 
Jeme  sole. 

Order  entered 
with  registrar  of 
deeds. 


CHAPTER  86. 

OF    THE  PROTECTION    Ot  MARRIED   WOMEN    IN   CERTAIN  CASES. 

1.  A  wife  deserted  by  her  husband,  wherever  resideDt 
in  Nova  Scotia,  may  at  any  time  after  such  desertion,  applj 
to  a  judge  of  the  Supremo  Court  for  an  order  to  protec* 
any  money  or  property  she  may  have  acquired,  or  may  ac* 
quire,  by  her  own  lawful  industrj",  and  any  property  which 
she  may  have  become  possessed  of,  or  may  become  posseBfr 
ed  of  after  such  desertion,  against  her  husband  and  bis 
creditors,  or  any  person  claiming  under  him. 

2.  Such  judge,  if  satisfied  of  the  fact  of  the  desertion, 
and  that  the  same  was  without  reasonable  cause,  and  that 
the  wife  is  maintaining  herself  by  her  own  indastrj 
or  property,  may  make  and  give  to  the  wife  an  order  pfO* 
tecting  her  earnings  and  property  acquired  since  the  com- 
mencement of  such  desertion,  from  her  husband,  and  aO 
creditors  and  persons  claiming  under  him;  and  such ea^ 
nings  and  property  shall  belong  to  the  wife  as  if  she  wei^ 
a/ewe  sole.  Provided,  always,  that  every  such  order, afto^ 
the  making  thereof,  be  entered  with  the  registrar  of  aeadf 
within  whose  jurisdiction  the  wife  is  resident. 


TITLI  XZI.]      PBOTECnON  OF  HARRIED  WOXES.  385 

3.  It  shall  be  lavfal  for  the  husband,  and  any  creditor  Ch&p.  86. 
or  other  person  claiming  under  him,  to  apply  to  a  judge  of  aiabuBd  or  m- 
the  Supreme  Court  for  a  digcharee  of  such  order,  who,  on  iiitormuy  apph. 

«!    •       .  L  r  L     J  ■      1  'for  dlnliun  of 

Bomcient  oauae  shewn,  may  gr»nt  sucb  diaobarge.  order. 

4.  If  the  husband,  or  any  creditor  of,  or  person  claim-  Hiutunii  or  on- 
ing  under  the  husband,  shal!  seize  or  continue  to  hold,  any  %'ny'^i'^le'^ 
property  of  the  wife  after  notice  of  any  such  order,  hejj^"^^"^^. 
shall  be  liable  at  the  suit  of  the  wife,  which  she  is  hereby  bie. 
empowered  to  bring,  to  restore  the  specific  property,  and 

also  a  sum  equal  to  double  the  value  of  the  property  so 
seized  or  held  after  such  notice. 

5.  If  any  such  order  of  protection  be   made,  the  wife  AftOTgrier.wUe, 
shall,  during  the  continuance  thereof,  be  deemed  to  have  terty,  to-'iiuiu: 
been,  during  auch  de^tertion  of  her,  in  the  like  position   in  "  "  *'™™^- 
all  respects,  with  regard  to  property  and  contracts  and 

saing  and  being  sned,  as  she  would  be  if  she  had  obtained 
a  decree  of  divorce. 

6.  The  provisions  contained  in  this  Chapter  respecting  ProTWomor 
the  property  of  a  wife,  who  has  obtained  a  decree  of  divorce  uml^pa^aty 
or  an  order  for  protection,  shall  be  deemed  to  extend  to  "HiJi".  ""'^ 
property  to  which  such  wife  lias  become  or  shall  become 
entitled,  as  executrix,  administratrix,  or  tratttee,  since  the 
sentence  of  divorce  or  the  commencement  of  the  desertion, 

as  the  case  may  be  :  and  the  death  of  the  testator  or  intes- 
tate shall  be  deemed  to  be  the  time  when  such  wife  became 
entitled  as  executrix  or  udministratrix. 

1.    In  every  case  in  which   a   wife   shall,    under   this  order  vKiidiera. 
Chapter,  have  obtained  an  order  to  protect  her  earnings  or  ^u'^Si^ 
^perty,  or  a  decree  of  divorce,  auch  order  or  decree  "'''■ 
■hail,  until  reversed  or  discharged,  eo  far  as  necessary  for 
tbe  protecticc  ot  any  person  or  corporation  who  shall  deal 
vith  the  wife,  he  det^med  valid  and  effectual. 

8.     No  discbargo,  variation,  or  reversal  of  such  order  or  Dischirge.  **.. 
decree,  shall  prejudice  or  affect  any  rights  or  remedies  sitwi  oouuuu. 
*Woh  any  person  wuuld  have  had  in  case  the  same  had  not  J^forw?"  "^'^ 
wea  so  reversed,  varied,  or  discharged,  in  respect  of  any 
iehU,  contracts,  or  acts  of  the  wife,  incurred,  entered  into, 
Iff  done  between  the  times  of  the  making  of  such  order  or 
dsoree.  and  of  the  discharge,  variation,  or  reversal  thereof. 

i.     Property  of  or  to  which  the  wife  is  possessed  or  en-  Bevpnwrug- m- 
Wed,  for  an  estate  in  remainder  or  reversion,  at  the  date  i^Xde^in  '° 
*f  tlie  desertion  or  decree,  (as  the  case  may  be),  shall  be  ""''"'■ 
<lMnied  to  be  included  in  the  protection  given  by  the  order 
"T  decree. 

Kvery  order   which  shall   be  obtained   by  a    wife  SUS^JSliS'* 
Binder  this  Chapter,  for  tbe  protection  of  her  earnings  or  osmmtwad. 
*  '-    -'11  state   the  time    at    which  the    desertion, 

"vbereof  the  order  is  made,  commenced  ; 
■U,  R8  regards  all  persons  dealing  with 


386  GUARDIANS  AMD  WABD8.  [[PART  U. 

Chap.  87.    such  wife  in  reliance  thereon,  be  conclnsive  as  to  the  time 

when  such  desertion  commenced. 
Pftrties  making       n.     All  Dersons  and  corporations  who  shall,  in  reliance 

ooDtracte  with  i  j  j  r  •  j  l 

wifewitiioat  on  any  such  order  or  decree,  as  aforesaid,  make  any  pay- 
JhSite'riSSS*  ment  to,  or  permit  any  transfer  or  act  to  be  made  or  done 
S?TOxuSi«i'in  ^y  ^'^®  wife,  who  has  obtained  the  same,  shall,  notwith- 
foroe.  standing  such  order  or  decree  may  then  have  been  dis- 

charged, reversed,  or  varied,  or  at  some  time  since  the 
makingthe  order  or  decree,  been  discontinued,  be  protected 
and  indemnified  in  the  same  way  in  all  respectsasitatthetime 
of  such  payment,  transfer,  or  other  act,  such  order  or  decree 
were  valid,  and  still  subsisting,  without  variation,  in  fail 
force  and  effect,  and  the  separation  of  the  wife  from  her 
husband  had  not  ceased  or  been  discontinued;  unless  at  the 
time  of  such  payment,  transfer,  or  other  act,  such  persons 
or  corporations  had  notice  of  the  discharge,  variation,  or  re- 
versal of  such  order  or  decree. 
SSJre  Wc™?         ^^'     Il^reafter  a  husband  may  insure  his  life  for  the  sole 
benefit  of  wife,   benefit  of  his  wife  or  of  his  wife  and  children,  and  in  case 
fubie*fThL*  "^^^  of  his  decease,  the  amount  payable  under  the  policy  of  in- 
«!ebt8.  surance  shall  enure  to   the  sole  benefit  of  such  wife  or 

wife  and  children  (if  any),  as  the  case  may  be  ;  and  where 
the  policy  is  made  payable  to  the  wife  and  children  the 
amount  shall  be  distributed  according  to  the  law  of  descent 
of  personal  property.  The  amount  of  such  policy  shall  be 
in  no  manner  liable  for  the  debts  of  the  husband. 


CHAPTER  87. 

OF     GUARDIANS    AND    WARDS. 

Gyardians^ay       |^    fj^Q  father  of  Unmarried  children  under  the  age  of 
father.  twcnty-onc  years,  may,  by  any  instrument  in  writing,  exe- 

cuted in  the  presence  of  two  witnesses,  dispose  of  tho 
custody  and  tuition  of  such  children,  or  of  any  child  wbOi 
at  the  time  of  his  father's  death,  may  be  unborn,  so  long 
as  they  shall  respectively  remain  under  the  age  of  twenty- 
one  years,  or  tor  any  shorter  period  ;  and  the  father  may 
make  such  disposition,  though  he  be  not  himself  of  the  ag^ 
of  twenty-one  years. 
whSimd'how       ^*    Judges  of  probate  may  appoint  guardians  to  minor* 
apDointed  iiy     whorc  uoue  havo  bccn  appointed  by  the  father,  the  nexto* 
judge  of  pro-     j^j^  ^^  1^^  appointed  if  any  of  them  shall  apply,  unless 'Dfl 

special  cause  shewn  the  jud^  of  probate  shall  decide  to 
the  contrary,  otherwise  such  person  as  the  judge  ibiO 


TITLE  Xn.]  MABTBBS,  AFPREilTICtS,  ETC.  387 

tliink  proper ;  bat  if  the  minor  bo  of  the  age  of  fourteen  Chap..88. 
years,  or  oaving  bad  a  guardian  appointed  by  the  judge  of 
probate  shall  arrive  at  the  age  of  fonrteon  yoara,  he  may 
appoint  his  ow^n  gaardian,  and  such  appointment  shall  be 
confirnied  by  tbejadgo  of  probate,  on  the  guardian  giving 
the  secnrity  hereinatter  ttpocified. 

S.  AD  gnardiauB  appointed  under  the  provistons  of  this  Pover  or  giur- 
Ghapter  shall  have  the  exclnsive  control  of  their  wards,  and  *"""■ 
may  maintain  actions  against  any  persons  who  shall  take 
them  away  or  detain  them,  and  shall  recover  damages  for 
their  benefit.  They  may  take  poseeBsion  of  all  their  pro- 
perty, real  and  personal,  receive  the  rents  and  profits 
thereof,  and  manage  the  same  during  the  period  of  their 
gnardianship,  and  may  maintain  all  actions  at  law  or  in 
eqnity  in  relation  thereto  as  snch  children  could  do  if  of 
fall  age. 

4,  Every  guardian  appointed  by  the  judge  of  probate,  Bonda  to  iv 
or  Dominated  by  the  minor  and  confirmed  by  him,  ehall,  Jj^"'''"""' 
previous  to  the  letters  of  gnardianship  being  issued,  file  in 

the  probate  court  abend,  with  two  sureties  to  be  approved 
of  by  the  jndge,  and  to  be  taken  in  his  name,  with  a  condi- 
tion that  he  will  faithfully  manage  and  dispose  to  the  best 
advantage  of  the  property  of  the  minor  committed  to  his 
care,  that  he  will  not  commit  waste  thereon,  and  will  render 
a  jast  account  thereof  to  the  court  of  probate  when  requir- 
ed, and  to  the  ward  when  he  shajl  come  of  ag« 

5.  No  letters  of  guardianship  shall  be  granted  by  any  utietw,  iww  ap- 
I  judge  of  probate  imlesB  application  therefor   be  made   byS^}^'""^_ 

[  tlie  minor  or  some  noiir  relntion  of  his,  or  by  the  executors 
r  administrators  of  an  estate  in  which  the  minor  is  inter- 
ested ;  and  the  judge,  upon  snch  application,  may  appoint 
1   gnardians  in  any  suit  pending  before  him,  for  the  purposes 
:  of  «nch  suit,  without  requiring  a  bond. 

6.    Tiie  proviaioni.  of  this  Chapter  shall  not  affect  any  AMirrnuw»iiip^ 
1  »pprenticeahip  which  may  legally  have  been  entered  into  ^^J^Ufcrt^ 
I  (^  Of  on  behalf  of  any  minor,  or  by  any  overseers  or  com-'"™'^- 
l-Bnnioners  of  the  poor. 


CHAPTER   88. 

OP   MASTERS,   APPRENTICES   AND   SERVANTS. 


Alt  children  under  the  age  of  fourteen  years  may  be  moon  mayix 

'■'     I  appreoticoa  or  servants  until  that  age,  and  all  {KSJ^'^^IX 

age  of  fourteen  yeare,  may  he  bound  as 

Tvants ;  females  to  the  age  of  eighteen 


3S8 


MASTERS,    APPBENTICES,   ETC. 


[PABT  -^ 


Chap.  88. 


Under  foarteen 
yean,  how 
N>and. 


Above  fourteen, 
Cdw  bound. 


Indenture  to  be 
of  two  parts, 
tie.iled  and  certi 
tU.*d  in  certain 

CiMH. 


Custody  of  mi- 
nor's part. 


Oxrrw'ers  of 
[Hwr  may  bind 
wilt  piuper 
iiiinoriji. 


Ter.TM  of  oon- 
trartof  inden- 
lure. 


Minors,  how 
>>oiind  by  over- 


MSTM. 


Money,  &c.,  paid 
or  allowed  by 
master  to  be  for 
a}»prentioe. 


years  or  to  the  time  of  their  marriage  within  that  age,  ac^c 
~  males  to  the  age  of  twenty-oDe  years,  in  the  manner  pre- 
scribed in  this  Chapter. 

2.  Children  under  the  age  of  fourteen  years  may  he 
bound  by  their  father,  or  in  case  of  his  death  or  incom- 
potency,  by  their  mother,  or  by  their  legal  guardian,  aod 
if  illegitimate,  they  may  be  bound  by  their  mother ;  and  if 
they  have  no  parent  competent  to  act,  and  no  guardian, 
they  may  bind  themselves  with  the  approbation  of  two 
justices  of  the  peace. 

3.  Minors  above  the  age  of  fourteen  years  may  be 
bound  in  the  same  manner ;  provided  that  when  they  are 
bound  by  their  parent  or  guardian,  the  consent  of  the 
minor  shall  be  expressed  in  the  indenture,  and  testified  bj 
his  signing  the  same. 

4.  No  minor  shall  be  bound  otherwise  than  byanio- 
denturo  of  two  parts,  sealed  and  delivered  by  both  parties; 
and  when  made  with  the  approbation  of  the  justices  of  the 
peace,  their  approbation  shall  be  certified  in  writing,  signed 
by  them  upon  each  part  of  the  indenture. 

5.  One  part  of  the  indenture  shall  be  kept  for  the  ose 
of  the  minor  by  his  parent  or  guardian  when  executed  b/ 
them  respectively,  and  when  made  with  the  approbatioo 
of  two  justices  of  the  peace,  it  shall  be  deposited  with  the 
town  clork  or  Clerk  of  the  Peace,  and  be  safely  kept  in 
his  ofHce  for  the  use  of  the  minor. 

6.  The  ovt^rseers  of  the  poor  may  bind  as  apprentices 
or  servants,  the  minor  children  of  any  poor  person,  who 
has  become   chargeable  to  the  district,  as  having  a  lawftl 
settlement  therein,  or  who  is  supported  there  in  wholet>r     j 
in  part  at  the   charge  of  the  district ;  and  also  all  mioof    ' 
children,  who  are  themselves  chargeable  to  the  district  as     ■ 
having  a  lawful  settlement  therein,  or  as  poor  persona  aup-     j 
ported  by  the  district. 

7.  Such  children  whether  under  or  above  the  age  oi 
fourteen  years  may  be  bound,  females  to  the  age  of  eighteen 
years,  or  to  the  time  of  their  marriage  within  that  age,aDd 
males  to  the  age  of  twenty-one  years  ;  and  provision  shall 
be  made  in  the  contract  for  teaciiiug  such  children  to  read, 
write  and  cypher,  and  for  such  other  instruction,  benefit 
and  allowance,  either  within  or  at  the  end  of  the  term,  as 
the  overseers  may  think  reasonable. 

8.  No  minor  shall  be  bound  by  the  overseers  unlesabj^ 
an  indenture  of  two  parts,  sealed  and  delivered  by  the 
overseers  and  by  the  master,  one  part  of  which  shall  be 
deposited  with  the  town  clerk  or  Clerk  of  the  PeacOi  sxi 
be  safely  kept  by  him  for  the  use  of  the  minor. 

9.  AH  considerations  of  money  or  other  things  paid  ot 
allowed  by  the  master  upon  any  contract  of  aervioe  ot 


ITTLE  ZZi.]  HASTfUtS,  iPPBEKTICES,   ETC.  389, 

appreaticeebip  made  in  pursnance  of  tbis  Chapter,  eball  Chap.  88. 
be  paid  or  secured  to  tbe  sole  use  of  the  miDor  thereby 
boQud. 

10.  Parents  and  guardians  and  overseers  shall  inquire  ddu ot pBrmi., 
into  tbe  treatment  of  all  children  bound  by  them  respec- S^wenr^f^ 
lively,  or  with  their  approbation,  and  of  all  who  shall  have  im,^™™ 
leeo  bound  by  their  predecessors  Ju  office,  and  defend  them 

Tom  aH  cruelty,  neglect  and  breach  of  contract,  on  tbe 
part  of  their  roasters. 

11.  In  case  of  any  misconduct  or  neglect  of  the  roaster,  Pmnwdnig.tnr 
I  complaint  may  be  made  iu  writing  by  the  parents,  guar-  ISS^. " 
]ian,  or  overseers,  to  any  two  justices  of  the  peace  for  the 

wnoty  in  which  the  master  resides,  setting  forth  the  facts 
uid  circumstances  of  the  case ;  and  the  justices,  after  hav- 
ing duly  notified  the  master,  shall  proceed  to  hear  and 
letennine  the  same. 

12.  After  a  full  hearing  of  the  parties,  or  oi  tbe  com-  ^*^°8,'?^- 
plainants  aloue,  if  the  master  shall  neglect  to  appear,  the  ^ITi^rwd  ' 
inetices  may  order  that  tbe  minor  be  discharged  from  his""'™'' 
apprenticeship  or  service,  and  give  the  coats  of  suit  against 

the  master,  and  may  award  exeoution  accordingly,  and  the 
ninor  may  be  thereupon  bound  out  anew. 

13.  If  the   complaint  shall  not  be  maintained,  the  jus- ^J^^JJl^ 
ices  shall  award  costs  for  tbe  master  against   the  com-  dismiiMd. 
Diainants,  and  shall  issue  execution  accordingly,  excepting, 

hat  in  case  of  such  a  complaint  by  overseers,  the  justices 
hstl  not  award  costs  agaiust  them,  unless  it  shall  appear 
Gkt  the  complaint  was  made  without  reasonable  cause. 

■14.     Aqy  person  feeling  himself  aggrieved  by  the  order  ^^J^J"^^- 
il  any  juslicos  under  the   three  preceding  sections,  may 
ippeal  therefrom  to  the  Supreme  Court  at  its  next  term  in 
to  county,  and  such   appeal  shall  be  granted  and  deter- 
ged to  the  same  manner  as  in  civil  salts. 

15.     If  any  apprentice  or  servant  bound  as  in  this  Chap-  ^^J",*'" 
MVBball  unlawfully  depart  from  the  service  of  his  master,  s^^w"  "i^ 
ir.jitiall  be  guilty  oi  any  gross  misbehaviour,  ot  refusal  to^iJ'Sd,  " 
b  his  duty,  or   wilful  neglect  thereof,  any  justice  of  the 
Moe,  upon  complaint  on  oath  made  to  him  by  the  master, 
rby  any  one  oo  hia  bohalf,  may  issue  his  warrant  to  ap- 
irefaend  the  apprentice  or  servant,  and  bring  him  before 
he  same  or  any  other  justice  ;  and  if  tbe  complaint  shall 
>e  supported,  the  justice  may  order  the  offender  to  be 
Vlnrued  to  bis  master,  or  may  commit  him  to  the  common 
Mi  for  a  term  not  exceeding  twenty   days,  unless  s 
liacharged  by  hia  master. 


tttlk  3xu.]  sdpeeme  cotiet.  391 

Chap.  89. 

PART  m. 

OP  COURTS  AND  CIVIL  REMEDIES. 


TITLE    XXII. 

OF    THE    VARIOUS    COURTS:    THEIR 
CONSTITUTIONS    AND    JURISDICTIONS. 


CHAPTER   89. 

OF  THE  Bin-BEUE  COORT   AND  ITS  OFFICEBS. 
JTJPICtAL     OFFICEBB. 

1.    Tbe  bench  of  the  Supreme  Court  eliall  be  composed  Bnohoi 
"fa  Chief  Jnatice,  a  Judge  in  Equity,  and  five  other  or  *°p"™  *'""'■ 
PaisBe  Judges. 

2-    No  persou  shall  be  appoioted  a  Judge  of  the  Supreme  QiuUfl»tioa> 
Conrtj  unless  he  shitll  have  been  a  resideDt   Barrister  of '" ''"'*^''^ 
"■8  Province  for  ten  years,  aod  shall  have  been  practising 
**  Bnch  for  five  yenrs  next  before  such  appointment,  or 
aeldofBce  at"  a  District  or  County  Judge  in  the  Province. 

3.   The   Judges   of  the   Supreme  Court  shall  hold  no  judge,  to  hold 
Mber  offices  under  government  except  those  of  Judge  of  ""^■^"""^ 
W»  Court  of  Vice-Admiralty,  and  Judge  Ordinary  of  the  B™ption«. 
^Brtfor  Divorce  and  Matrimonial  Causes. 


w 


k   Tbe  Supremo  Court  shall  have  within  this  Province  powenot 
le  powers  as  nre  exercised  by  the  Courts  of  Queen'n  ""p™»"  "o"^ 
Common  Pleas,  Chancery  and  Exchequer  in  Eng- 

-^  $■    Tbe  Equity  Judge  shall  have  jurisdiction  tn  all  cases  or (qnity  jndge. 
*Oniierly  cognizable  by  the  Court  of  Chancery,  and  shall 
^erciae  the  like  powers,  and  apply  the  same  priociplea  of 
^oity  as  justice  may  require,  which  were  formerly  ad* 
**imi8tered  in  that  Court. 

6.  In  all  actions  at  law  in  tbe  Supreme  Court,  on  tl'6|°™"''o™rt 
Villi  or  argument  of  which  matters  of  equitable  jurisdio-m^^wiien) 
^eoaiiae,  that  Court  shall  have  power  to  investigate  and*^"'" 


392  SUPREME   COUBT.  [PABT  HI.      ^. 

Chap.  89.    determine  both  the  matters  of  law  and  equity,  or  either,  as      - 

ooiwideratioDB'    ^^Y  be   necossary,   for   the    complete    adjudication   and  

are  involved,      dccision   of  the   whole   matter,  and  all  actions  at  law  to 
which  equitable  defences  shall  be  set  up  in  virtue  of  the 
sections  of  Chapter  94,   "  Of  Pleadings  and   Practice  ixM^ 
the    Supreme  Court'*    from   section    162   to  section  164^ 
both  inclusive,    and   from    section    296    to  section    300^ 
both     inclusive,     shall     be    tried,    considered,    and    ad- 
judicated    by   the    Supreme    Court    and    its   judges 
the    same    manner    as    regards    such    several    cases 
spectively,  as  the  Supreme  Court  or  the  judges  tbereoE 
had  power  to  do  when  the  Act  for  appointing  a  Judge  in 
Equity  was  passed.    But  it  shall  be  lawful  for  the  Supreme 
Court,  or  for  any  judge  of  that  Court,  before  whom  the 
consideration,  trial,  or  hearing  of  any   question   of  equi- 
table jurisdiction,  or  any  such  mixed  questions  of  law  o 
equity  may  come,  if  they  or  he  shall  deem  it  expedient 
and  conducive  to  the  ends  of  justice  to  do  so,  to  order  the 
case  or  any  subject  matter  arising  thereon  to  be  transfer 
red  to  the  jurisdiction  of  the   Equity  Judge,  to   be  deal 
with   according   to   the   principles  of  equitable  jurispru 
dence,  and  the  exigencies  of  the  case. 

PROVISION    IN     CASK    OF     DISABILITY,     ETC.,    OP    JUDGKS. 

Equitjy  Judge         7.      The   Judgo   in   Equity   shall    not   be   required   t 
Court  oniy'in'"^  attend  the  circuits  unless  the  illness  of  a  judge  or  othe 
certain  ottBw.      sufficient  causc  shall  render  it  necessary,  or  sit  in  banc  t 
hear  arguments,  except  on  appeals  from  the  Equity  Court 
when  he  shall  sit  with  the  others  in  banc,  unless  he  shal 
be  prevented   by   illness,  absence,  or  other   unavoidabl 
cause.     In  the  absence  of  all  the  judges  of  the  Su 
Court  from   Halifax,  or  in  case  of  their  illness,  it  shall  be 
incumbent  on  the  Judge  in  Equity  to  perform  any  of  th 
duties  that  may  be  required  there,  of  a  judge  of  the  Sa — 
preme  Court. 

^°ui^"ud*jf  ^*     ^°  ^^^®  ^^  ^'^®  continued  absence  of  the  Judge  i 

Sprenie(Surt   Equity,  from   the    Supreme   Court   sitting   in   banc,  froi 

pSS«^%'m^     illness  or  any  other  unavoidable  cause,  it   shall  be  lawfnlK^  -*' 
equity  judge.     Jqj.  ^\^q  Supreme  Court  to  proceed  in  the  hearing  of  appeala^^^ 
from  the  decision  of  the  Judge  in  Equity,  and  to  pronounc 
judgment  therein,  in  the  same   manner  as  if  the  Judge  i 
Equity  was  present,  anything  in  this  Chapter  to  the  con — 
trary  notwithstanding, 
.^uties  of  equity      9.     In  casc  of  the  illness  of  the  Equity  Judge,  or  in  case 
by  other  judges  of  his  abscuce   from   Halifax,  either  on  judicial  duty  or 
ID  certaiii.caA€«.  othorwiso,  and  also   in    cases   requiring  attention  in  the 
country  on  circuit,  and  when  the  Equity  Judge  does  not 
preside,  the  duties  imposed  on  him  may  be  exeroised  bj 
the  other  judges,  or  any  of  them,  as  the  cases  may  require. 


rrui  xzn.]  sdpbehb  coubt.  393 

paoTHONOTARY.  Chap.  89.' 

10.  The  Prothonotaries  tlirougliout  the  Province  shall  ^™^,'" 
sue  subpoenas  in  Crown  cases,  and  perform  all  stich  other  crawn. 
itiea   as  aiay   appertain  to  the   o^ce   of  Clerks  of  the 

rowD. 

11.  On  the  first  day  of  each  Term   the  Prothonotary  ^™'^|; 
id  Clerk  of  the  Crown  shall  make  out  and  deliver  in  open  autemeiiri. 
•art  a  correct   statement  of  ail  fioea  which  shall  have 

>eu  imposed  by  the  Court  at  the  preceding  Term  or 
ttings,  together  with  a  statement  of  all  such  as  have 
<eD  collected  and  paid  to  him  by  the  Sheriff  since  the 
9t  preceding  Term;  and  he  tihalt  annually  return  to  tho 
-ovincial  Secretary  a  return  in  triplicate  of  alt  coavictions 
xi  before,  and  of  all  lines  and  forfeitures  imposed  by  the 
■pr«ne  Court,  the  amounts  collected  and  the  appropria- 
>D  thereof,  under  a  penalty  of  twenty  dollars. 

12.  The   Prothonotary   shall   not    permit   any  original  LTeT'oa^ic 
iper  to   be   taken  out  of  his  custody  withuat  a  written 

der  from  a  judge,  which  order  shall  be  filed. 

13.  The     Prothonotaries    shall    not   transmit   original  J^^Jp,'**" 
ipers  to  the  officers  iu  Halifax  without  special  order  from 

judge,  but  shall,  when  required  by  any  suitor  or  his 
Aorney,  provide  certified  copies  to  be  used  in  place  of  the 
riginals, 

14.  Til©  Prothouotary  shall  not  be  obliged  to  issue  any  oosuMon 
xecotion  until  the  fees  and  costs  due   him  on  the  judg-""" 
MDt  are  paid. 

l&.  Id  order  to  facilitate  references  made  at  arguments  2™  ,0  u^- 
Vcoiusel  to  minutes  or  papers  before  the  Court,  the  Pro- oribe  mUnius, 
BDOotary  in  transcribing  the  judge's  notes  shall  insert  in 
•ch  page  o(  llio  transcrlj)!  the  words  contained  in  the 
Hrreapondiug  page  of  tho  original,  and  shall  number  con- 
Wutively  (he  pages  of  such  transcript  or  otherwise  the 
me  Hhall  not  be  taxed  fur ;  and  all  copies  used  in  argu- 
nnta  shall  be  conformable  in  those  respects  to  that  trnn- 
nript  or  otherwise  the  same  shall  not  be  taxed  for. 

16.     All  papers  furnished  lo  the  judges,  and  those  used  S^jJ^j'^pij^ 
t;  counsel,  shall  contain  the  same  words  on  each  particular 
Ifege,  and  in  the   lines,  and   jhall  be   nnmbered  also  con- 
leoutively  iu  the  pages  and  lines. 

n.  Any  obligation  or  security  for  the  performance  ^^^2^^^^ 
my  doty,  or  the  doing  ol  anything  which  heretofore  has  fowmfomBd.' 
leen,  or  hereafter  may  be,  orJered  by  tho  Supreme  Court 
It  Law  or  in  Equity,  or  any  judge  or  judges  thereof,  to  be 
sade  to  any  ProthomiUry  of  the  Supreme  Court  as  the 
obligee  thereof,  may  be  L-nforced  by  action  at  law,  and  in 
the  name  of  any  succeeiling  Prothonotary,  or  of  any  other 
Pjttthoaatar;,  aiider  an  order  of  the  Court  or  a  judge ;  and 


396  PROBATB  COURT.  [PABT  DI. 

Chap.  90.    property  within  his  jurisdiction,  he  shall  order  the  regis- 

trar  to  give  public  notice  in  the  Bot/cd  Gazette  nevrsp^per^t 

Halifax,  of  the  application  and  of  the  time  and  place  when 

the  application  will  be  heard. 

ti^thoSt"^"         ^-     I^  ^''  cases  of  application  for  letters  of  administra- 

pro^n^jwerv-  tion  or  probate,  when  the  party  or  any  one  of  several  parties 

tionsforad-       entitled  to  administration  or  probate  is  without  the  Pro- 

n,ini8tration,Ao.  ^j^^^^^  ^y^^  j^j^^  ^y^^,,  reserve  the  right  of   such  absent 

person,  but  shall  proceed  notwithstanding. 
prSfeTwiujtc.,      9.     The  testimony  adduced  before  any  judge  of  probate 
SeJ"**"^'  *"**  in  relation  to  the  proof  of  any  will,  or  in  any  controversy 

before  him,  shall  be  reduced  to  writing  and  filed. 
J^ed  when  ^^'     When  any  will  shall  be  oflFered  for  probate,  and  the 

witness  distant,  wituesses  live  out  of  the  Province,  or  more  than  thirty 

absent  or  sick.  m        j*   x       i.  i  l  •    i  i  i      x 

miles  distant,  or  by  reason  of  age  or  sickness  are  unable  to 
appear  and  give  evidence  in  court,  the  deposition  of  such 
witnesses  in  writing,  taken  before  any  person  duly  author- 
ized by  the  judge  of  probate,  shall  have  the  same  force 
and  eflfect  as  if  such  witnesses  were  present  and  testified 
in  open  court. 
to^iSSSf^St-'  1  ^-  Administration  of  an  intestate  estate  shall  be  granted 
el.  and  in  what  to  somo  oue  or  moro  of  the  persons  hereinafter  mentioned, 
and  they  shall  respectively  be  entitled  thereto  in  the  fol- 
lowing order : 

IH>r8t, — The  widow  or  next  of  kin,  or  both,  as  the  judge 
of  probate  shall  think  fit ;  and  if  they  do  not  voluntarily 
either  take  or  renounce  administration,  they  shall,  if  resi- 
dent within  the  county,  be  cited  by  the  judge  for  that  pur- 
pose. 

Secondly. — If  the  persons  so  entitled  when  so  duly  cited 
shall  not  claim  and  proceed  to  take  administration  within 
ten  days  after  the  return  day  of  the  citation,  the  judge  ot 
probate  may  commit  it  to  one  or  more  of  the  principal 
creditors,  if  competent  and  willing  to  undertake  the  trust, 
or  to  any  other  person  on  the  application  ot  one  or  more 
of  the  creditors  duly  proved  to  be  such,  as  he  shall 
think  fit. 

Thirdly, — If    the    deceased    were    a   married    woman^ 
administration  of  her  estate  shall  be  granted   to  her  bos- 
band,  if  willing  to  undertake  the  same;  unless  she  shall  by 
force  of  a  marriage  settlement,  or  other  lawful  power,  have 
made  some  testamentary  disposition  of  her  separate  estate^ 
or  some  other  disposition  which  shall  render  it  necessary 
or  proper  to  appoint  some  other  person  to  administer  her 
estate. 
i^toM?th^       12.    In  case  such  of  the  next  of  kin  as  shall  be  con- 
withnextof      sidered  by  the  judge  best  qualified  to  administer  in  any 
^^^'  estate  shall  desire  it,  the  judge  may  associate  with  him  in 

the  administration,  such  person  as  he  may  think   fit  and 
proper  for  that  purpose. 


ITLB  XSn.]  PBOBATB   CODBT.  397 

13.  When  administration  of  the  eetate  of  any  person  Chip.  90. 
ying  oat  of  the  Province  shall  have  been  granted  in  the  Adminittrmior 
lace  where  the  deceased  was  last  domiciled  out  of  the  °' ik™"  driss 
'rovince,  and  the  person  to  whom  the  sama  was  granted  "pp^inw  in™ 
hftll  apply  to  have  adminiBtration  of  such  part  of  the  wb^^UlSSl?;^ 
state  as  may  be  within  the  Province,  he  shall  be  preferably  i"  pro 'in™- 
Dtitled  thereto,  and  the  administration  to  him  granted  by 

le  jadge  of  probate  shall  supersede  any  other  administra- 
on  thereof. 

14.  Every  administrator  shall  before  entering  on  the  *''2''°'?"«" 
xecation  ot  his  trust,  give  bond  with  two  sureties  to  be       " 
pproved  of  by  the  judge  in  such  sum  as  he  shall  order, 

od  in  the  form  in  the  annexed  scbednle. 

15.  The  judge  of  probate  may,  if  he  shall  think  fit,  on  AdminMnwm 
ummary  application  and  due  proof  that  any  bondsman  on  i^^'iln^i^''''^ 
Dj  administration  bond  has  died,  or  become   insolvent, '™  *™'*- 
rder  the  administrator  to  enter  into  a  aew  bond  with  two 

areties,  to  be  approved  by  the  judge,  in  such  sum  as  he 
jail  order;  and  if  the  administrator  shall  not  obey  such 
rder,  may  cancel  his  authority,  and  thereupon  proceed  to 
ppoint  a  new  administrator  in  the  same  manner  as  if  such 
jministrator  were  deceased. 

16.  The  bond  to  be  taken  on  such  new  administration.  Bond  la  farm 
iall  be  as  nearly  as  may  be  in  the  form  of  the  administra- "'"'  ''^■ 
OD  bond,  making  the  necessary  alterations. 

17.  Every  oath  administered  to  an  executor  or  adminis-  oatinin 
rator  on  entering  into  office  shall  be  subscribed  in  writing,  "^""s- 

18.  The    executor   or   administrator   to  whom   letters  invanioiy 
astamentary  or  letters  of  administration   shall  have  been  i^^^ontiu. 
;raDted,  shall  within  three  months  thereafter,  unless  the 

ourt  on  petition  allow  further  time  therefor,  exhibit  and 
le  IB  the  registrar's  office  upon  outh  a  full  and  true  in- 
entory  of  the  real  and  personal  estate  of  the  deceased, 
fbioh  shall  have  come  to  his  possession  or  knowledge. 

19.  If  any  real  or  personal  estate  of  the  deceased  shall  Furtber inren- 
ftme   to  the   possession  or  knowledge  of  the  executor  orSis^''*' 
dminist rator  alter  he  shall  have  filed  such  inventory,  he 

hftll,  within  a  r;;asoiiable  time  thereafter,  file  in  the 
egistror's  office  a  I'urtlier  inventory  of  the  same  upon 
atb. 

20.  Any  exuLiutor  ur  administrator  neglecting  to  file  an  Knefonwg. 
ovantory  alter  havii]<;  been  duly  cited  to  file  the  same,  i^^!S^Si!^,  bow 
>bali  forfeit  twenty  dollars  for  each  month's  neglect,  to  be  ^S;^" 
r«aovered  by  any  person  having  an  interest  in  the  estate 

t>i  ch«  deceased,  in  an  action  of  debt. 

21.  In   making   the   inventory,  the  following   articles '^rtiaieaw  bo 
iWl  be  omitted,  and  shall  uot  be  considered  as  assets,  nor  taimtary!"^ 
lia  administered  as  such,  notwithstanding  the  estate  of  the 
deceased  should  be  iudolveut,  viz. : 


398 


PBOBATB    COUBT. 


[PABT  m. 


Chap.  90. 


Warruit  of  ap- 
praiaement, 
when  and  how 
issued:  apprai- 
Hers'  fees. 


When  pK)perty 
in  different 
placett  may  be 
two  or  more 
inventories ; 
warrant  filed 
with  inventory. 


Appraiser's 
oath,  before 
whom  hwom : 
certiicate  to  be 
on  warrant. 


Exeoutors,  Ac., 
to  advertise  in 
Gasftie;  ac- 
counts attested 
accord  inp;  to 
form ;  ca£«s  of 
informal  attes- 
tation provided 
against. 


First, — All  the  paraphernalia  and  articles  of  apparel  cr 
ornament  of  the  widow,  according  to  the  degree  and  estate 
of  her  husband,  and  also  the  apparel  of  the  minor  children. 

Secondly. — The  wearing  apparel  of  the  deceased  not 
exceeding  forty  dollars  in  value,  which  shall  be  distributed 
at  the  discretion  ot  the  executor  or  administrator,  among 
the  family  of  the  deceased. 

Thirdly, — Such  provisions  and  other  articles  as  shall  be 
necessarv  for  the  reasonable  sustenance  of  the  widow  and 
the  family  of  the  deceased  for  ninety  days  after  his  death. 

22.  The  judge  on  granting  letters  of  administration,  or 
letters  testamentary,  and  as  often  afterwards  as  may  be- 
come necessary  or  advisable,  shall,  by  a  warrant  of  ap- 
praisement, appoint  two  or  more  disinterested  persons  to 
estimate  and  appraise  all  the  real  and  personal  estate  of 
the  testator  or  intestate ;  and  such  appraisers  shall  be 
entitled  to  receive  a  reasonable  compensation  for  their 
services  for  the  time  they  may  be  actually  employed,  not 
exceeding  two  dollars  for  each  person  per  day. 

23.  When  appraisers  are  so  appointed,  the  inventory 
shall  be  made  by  the  executor  or  administrator  with  the 
aid  of  such  appraisers ;  and  when  property  shall  be  in 
different  and  distinct  places,  two  or  more  inventories  may 
be  made ;  and  every  such  warrant  of  appraisement  shall 
be  returned  and  filed  in  the  registry  of  probate  with  the 
inventory. 

24.  Before  proceeding  to  make  the  appraisement,  the 
appraisers  shall  bo  sworn  by  the  judge  or  registrar,  or  a 
justice  of  the  peace,  truly  and  impartially  to  appraise  the 
property  which  may  be  exhibited  to  them  according  to  the 
best  of  their  knowledge  and  ability.  The  taking  of  the 
oath  shall  be  certified  on  the  warrant  of  appraisement  by 
the  person  administering  the  same. 

25.  Every  executor  or  administrator,  previous  to  the 
payments  of  debts  or  distribution  of  the  estJite  of  the 
deceased,  shall,  by  advertisement  in  the  Royal  Cfazette 
newspaper,  in  all  cases  where  the  estate  shall  be  under 
eight  hundred  dollars  for  one  month,  and  in  other  cases 
for  six  months,  call  on  all  persons  who  have  any  demands 
upon  the  estate  of  the  deceased,  to  exhibit  such  demands 
within  one  year  from  the  date  of  the  advertisement ;  all 
which  demands  when  exhibited  shall  be  attested  to  by  the 
party,  or,  in  his  absence  from  the  Province,  by  his  agent, 
before  the  judge  or  registrar  or  a  justice  of  the  peace ; 
and  the  affidavit  shall  be  in  the  form  in  the  annexed 
Schedule  ;  but  no  account  shall  be  rejected  by  a  judge  in 
his  final  decree  for  any  mere  informality  in  the  same,  or 
the  attestation  thereof,  unless  he  shall  be  satisfied  that  the 
party  claiming  to  be  a  creditor  shall  have  had  notice  of 
such  informality. 


E  XXn.]  PROBATE   COITET.  399 

).     In  case  the  personal  estate  of  the  deceased  shall  be  Chap.  90. 
id  by  the  judge  on  affidnvit  insufBcieDt  for  the  pay- 1^^^ 
t  of  his  debts  and  legacies,  such  judge,  upon  security  J^'^^' 
ig  given  by  the  administrator  or  executor  to  account  "•■BrepBrwiini 
:l>e  proceeds  of  ttie  sale  or  sura  obtained  by  mortgaging  flaratw^y'' 
tAsing  the  same,  may,  at  his  discretion,  grant  a  license  '^'*''- 
;he  sale  of  the  whole  or  such  part  of  the  real  estate  of 
deceased   as   he   shall   deem    necessary,  or   for   the 
tgaging  or  leasing  thereof;    provided  such  lease  be  for 
rm  not  exceeding  twenty-one  years, 

r.     No  such  licence  shall  be  in   force  more  than  one  Licenu  in  tom 
■  after  the  granting  thereof.  onij-ioryeir. 

i.     Everj'  license  shall  be   entered  in  the  registrar's  licenHentemd 
r,  and  a  copy   thereof  duty  certified   by  the  judge  or  tr,^,  "*^ 
strar  shall  be  registered  in  the  office  of  the  registrar  of 
Is  for  the   county  or  district  in  which  the  real  estate 
lie,  and  such  certified  copy,  or  a  copy  thereof  from  Cwtifled  copy 
registry  certified  Hodor  the  hand  of  such  registrar  of"  '""' 
Is,   sliall   he    evidence   of  such   license   in  all  courts, 
loat  further  proof. 

).     The  security  to  be  given  by  any  executor  or  ad-swuriiyfor 
strator  before  the  granting  of  such  license,  shall  be  a  t^™   ""'' 
]  to  the  judge  of  tlie  court  of  probate  in  a  sufficient 
ilty  with  two  sureties  to  bo  approved  by  him,  the  bond 
e  in  the  form  in  the  schedule. 

).     In   case  any   executor  or  administrator  shall    not  in  uh  siecutor 
J  such  security  within  a  reasonable  time,  the  judge  ^^i'^^ty 
•,  on   the  application  of  any  person  interested,  order  ^'"J^'^SLJ'' 
b  executor  or  administrator  having  been  first  duly  cited  penxuioact. 
fpve  such  security  within   a   period   to   be   named  in 
order;  and  if  such  executor  or  administrator  without 
ficient    cause   shall  neglect  so  to  do,  the  judge    may 
■oint  some  other  person  interested  in  the  estate  to  act 
idmini strator  ior  the  sale  of  the  real   estate  and  appro- 
ttion   of  the   proceeds,  upon   his   giving  the  security 
aired. 

il.     When  any  piirt  of  the  real  estate  of  the  testator  unde»i«dr«a 
.  baen  andeviacd,  and  the  personal  estate  shall  be  insuf-  "S'^'tor 
fiDt  for  tho  payment  of  debts,  legacies  and  expenses.  5?E|?°!i'' 
I  gndevised  reni  estate  shall  be  first  sold  ;  unless  it  shall 
war  from  the  ^sill  that  a  different  arrangement  of  his 
iBts  for  tho  payment  of  his  debts  or  legacies  was  in- 
idad,  iu  wbicb  case  they  shall  be  applied  for  that  purpose 
conformity  with  the'  provisions  of  the  will. 

32.     Where  tho  executor  or   administrator  shall  have  iroUceoiinie 
taiued  a  license  ior  the  sale  of  the  real   estate  of  the  by  iiueoKr^w 
ceased,  ho  shall  give  public  notice  cf  the  time  and  place  b''^"' 
ereof  by  advertising  the  same  in  the  Soyal   Oaeette  at 
llifvc,  and  by  posting  np  notices  thereof  in  the  towoebip 


400 


PROBATE  COURT. 


Ex«cator  may 
adjoam  sale; 
notice  of  ad- 
joumuient. 


AfndA\it  of  ex- 
•■••utor,  dc. ,  evi- 
«li*nr«of  8ule. 


D(!Kdjt,  Sic,  a>« 
t'tTertuul  tut  if 
made  by  de- 
i-eii^od. 

Administrator 
to  oonrey  londA 
vrlien  iiit«>Ktitc 
lia.s  contracted 
for  diilc. 


e 

8, 


Chap.  90.    or  settlement  wherein  the  lands  lie,  for  thirty  days  previ 

0U8  thereto,  and  shall  proceed  to  sell  the  same  by  public 
auction  at  the  time  and  place  named  in  the  advertis^^ 
ment. 

33.  Where  the  executor  at  the  time  appointed  for  th 
sale  shall  deem  it  for  the  interest  of  all  persons  concerne 
therein  that  the  sale  should  be  postponed,  he  may  adjoun 
it  for  any  time  not  exceeding  thirty  days,  and  shall  giv 
notice  of  such  adjourned  sale  by  posting  up  notices  thereo 

34.  The   affidavit   of    the    executor   or   administrato 
made  before  a  judge  or  registrar  of  probate  or  justice 
the  peace,  and  filed  in  the  registry  within  one  year  afte 
the  sale,  shall  be  admitted  as  evidence  of  the  time,  plac 
and  manner  of  the  advertisement  and  notices. 

35.  All  deeds  of  conveyance,  mortgages  or  lease 
made  pursuant  to  the  license,  shall  have  the  same  effec 
as  if  made  by  the  deceased. 

36.  If  the   deceased   at   the  time   of  his  death,  we 
liable  to  perform  any  contract  for  the  sale  and  conveyan 
of  any  real  or  personal  estate,  the  judge  shall  have  pow 
to  declare  the  administrator  trustee  thereof,  so  far  as  m 
be  necessary  for  performing  such  contract ;  and  thereupcr^a 
such  administrator  shall  have  power  to  execute  the  nec^    s- 
sary  conveyances  for  the  performance  thereof,  and  shi^u— II 
hold   the   purchase  money,  subject  to  the  same  rjiles  ^:=3f 
descent  and  distribution,  as  if  the  conveyance  had  bee^Q 
made  and  the  consideration  received  in  the  life  time  of  tb::^^ 
deceased. 

37.  Every   conveyance  made  under  the  provisions       ^^ 
this  Chapter,  and  registered  in  the  count}^  where  the  lanc:::^^ 

He,  shall  be  taken  as  presumptive  evidence  that  all  the  p' ° 

ceedings  on  which  the  same  is  founded  were  rightly  h» 

38.  If  any  trustee  or  executor,  empowered  by  any  la 
will  and  testament  to  sell  and  convey  lands  of  the  testate 
shall  have  made  and  entered  into   any   contract  for  saL 
thereof,    but   shall  have    died    before    the    full    paymec::^'''^ 


ilitDTpyHDce 
iiudfr  chapti.T. 


A'liMiniHtrator 
'<••  f*"niit  turn 
ixiuy  execute 
<t»nveyaiice 
aiireed  upon  by 
•t<MM%i9tfd  ex- 
».".;utor. 


t 

e 


Arlnitnistrator 

i/j'  bOHlX  Tton 

inay  receiver  on 
judgment  by 
di^ceused  execu- 
T-r.  Ac. 


of  the   purchase   money,   and   without   having   execute 
a  conveyance,  and  there  be  no  executor  or  administrato 
of  such  testator,  the   administrator,   de  bonis  non  of  th» 
testator,  may,  upon  receipt  and  payment  of  the  purchase 
money,  execute  a  conveyance  of  such    lands  to  the  pa 
chaser  or  any  other  person  entitled  thereto. 

39.  If  such  trustee  or  executor  shall  have  brought 
action  on  such  contract  or  agreement  against  the  purchaser 
and  obtained  a  judgment  therein,  the  administrator  de  & 
non  of  the  testator,  may  take  proceedings  to  recover 
amount  due  on  such  judgment  under  the  one  hundred  an 
eighty-ninth  section  of  Chapter  Ninety-four,  and  shall,  foc^ 
that  purpose  be  held  to  represent  the  said  troatee  oi^- 
executor. 


T 

e 


#3< 

I 


rrriM  xxn.]  phobate  court.  401 

40.  The  jodge  of  probate  may  order  the  real  estate  of  Chap.  90. 
the  tflBtatoror  intestate,  wherever  situate  withia  the  Pro- jod_,^j,or. 
vmoe.  to  be  divided  among  the  next  of  kin,  and  if  devised  ^^^'^o' 
locording  tt  thu  terms  and  conditions  of  the  will,  if  terms  aniangirtiitii 
ind  conditions  be  therein   expressed,  if   otherwise,  then'^"^ 
iccordiog  to  the  provisions  of  this  Chapter — as  in  cases  of 
□testate  property  j  and  whenever  the  share  or  interest  of 

my  such  person  being  next  of  kin,  shall  have  been  trans- 
erred,  the  purchaser  shaH  have  the  same  rights  and 
>rivi1ege8,  and  be  subject  to  the  saute  liabilities  as  the 
lersoD  wbose  share  he  represents. 

41.  In  cases  where  the  estate  is  divisible  among  the  whendiTUoa 
children  of  a  testator  or  intestate,  and  such  division,  or  the^^^f  ^^^ 
livittion  of  any  particular  portion  thereof,  cannot  be  made  j'^°oJJ«?i"ow 
rithout  prejudice  to  the  whole  estate,  he  may  order  thenmdB. 
rbole,  or  after  the  division  of  the  residue,  the  whole  of 

neb  particular  portion  to  the  eldest  son,  and  oa  his  relusal, 
o  the  other  sons  successively,  and  on  their  rafosal,  to  the 
<Idest  and  other  daugliters  in  like  succession;  such  soa  or 
laogbter  paying  to  the  other  children  their  shares  of  the 
'alue  of  such  estate,  or  giving  satisfactory  security  for  the 
A^ment  thereof  with  six  per  cent,  interest  thereon.  In 
ase  all  the  children  refuse  to  accept  such  whole  or  pur- 
toD,  as  the  case  may  be,  it  shall  be  competent  for  the  judge 
f  probate  to  order  a  aaie  thereof. 

42.  Such  order  for  division  shall  be  made  upon  the  ouirdiuiap- 
pplication  of  a  party  interested;  and  guardians,  when  S^!^'""'' 
«cessary,  shall  be  appointed  tor  such  of  the  parties  as 

hall  be  under  age. 

43.  Where  there  shall  be  a  claim  for  dower,  or  the  Anignmnitor 
l^ow  shall  claim  any  individual  share  or  right  devised  by  t^^.^''^ 
fill,  the  judge  of  probate  shall  have  power  to  order  the 

une  to  he  jiss'igneJ  iiud  set  off. 

44.  All  divisions   and    valuations  of  real  estate  made  Divi.ioMo(  n«i 
jider  order  of  tlie  judge  of  probate,  shall  be  made  by  three  "aV.' 
isioterested  freehoklere,  to  be  appointed  by  the  judge  for 

liat  parpoae,  who  sliiill,  before  acting,  be  sworn  by  the 
idge  or  registrar,  or  by  a  juiitice  of  the  peace,  to  the 
kitbfal  dischiirgo  ol  their  duty. 

45.  No  such  division  or  valuation  shall  be  valid  unless  whsonud. 
iro  at  least  of  the  persons  so  appointed  and  sworn  shall 
oncnr,  and  the  judge  shall  approve  thereof. 

46.  Before  Kuch  approval  shall   be  given,  the  parties  irDUaabe(i>niu- 
itorested,  or,  in  caso  one  or  more  of  them  are  minors,  the  ^^41*"'** 
aardians,  shall  have  eight  days  notice  of  the  time  and         ' 
ilace  appointed  to  consider  tbe  same  ;  and  where  any  one 

r  more  of  the  parties  interested  shall  be  absent,  or  cannot 
le  pereoaally  served,  publication  of  such  notice  tu  the 
2& 


402 


PROBATE  COURT. 


[part  in. 


Flans  may  be 
ordered  by 
judge. 


When  division 
among  next  of 
kin  cannot  be 


may  order 
whole  to  one 
hear,  &C. 


Chap.  90.    Boyal  Oazette,  for  at  least  four  weeks  before  the  day  named, 

shall  be  considered  suflScient  service  of  notice. 

oonfij'^tJ^g^  47.  The  judge  shall  confirm  or  reject  the  division,  or 
jn  ge,an  cos  •  j^^^j^^  g^^^j^    amendments  thereof,  as  he  may  ^em  right, 

and  shall  tax  and  award  the  costs  of  such  division  and 
valuation,  and  apportion  the  same  among  the  parties  inter- 
ested in  the  estate  as  he  shall  deem  just ;  and  such  taxa- 
tion and  order  shall  have  the  same  effect,  and  be  enforced 
in  the  same  manner  as  the  taxation  and  order  mentioned 
in  the  sixty-second  section. 

48.  Where  such  division  is  made  the  judge  may,  if 
necessary,  order  a  surveyor  to  prepare  a  plan  to  be  filed 
with  the  registrar. 

49.  In  cases  where  the  estate  of  a  testator  or  intestate 
is  divisible  amongst  the  next  of  kin,  being  collateral  heirs, 

S«5id?«>?Judge  and  such  division,  or  the  division  of  any  particular  portion 
thereof,  cannot  be  made  without  prejudice  to  the  whole 
estate,  the  judge  of  probate  may  order  the  whole,  or,  after 
the  division  of  the  residue,  the  whole  of  a  particular  por- 
tion,  to  the  eldest  of  the  heirs  that  may  be  in  the  Province, 
and  on  his  refusal,  to  the  other  heirs  so  being  in  the  Pro- 
vince, successively,  in  the  order  of  their  ages,  such  heir 
paying  to  the  other  heirs  their  shares  of  the  value  of  such 
estate,  or  giving  satisfactory  security  for  the  payment 
thereof,  with  six  per  cent,  interest  thereon. 

50.  Such  order  shall  be  made,  and  guardians  appointed, 
and  other  proceedings  had,  as  prescribed  by  the  forty- 
second  section.  The  relative  ages  of  the  heirs  shall  be 
ascertained  by  the  affidavit  of  the  applicant  as  to  the  facts, 
according  to  his  belief. 

51.  An  executor  or  administrator,  at  any  time  after  the 
lapse  of  twelve  montha  from  the  issuing  of  probate  or  let- 
ters of  administration,  may  file  an  affidavit  in  the  registry 
of  the  court,  with  a  Schedule  of  desperate  debts  attached, 
containing  the  particulars  of  dates,  names,  and  amounts, 
setting  forth  therein  that  such  debts  are,  as  he  believes, 
desperate,  and  that  he  has  been  unable  to  collect  the  same; 
and  thereupon  the  judge  of  probate  may  make  an  order 
for  the  equitable  division  of  the  same  amongst  the  credi- 
tors, next  of  kin,  or  other  parties  entitled,  or  may  appoint 
auditors  for  that  purpose,  whose  judgment  shall  be  subject 
to  confirmation  by  the  court ;  and  on  the  division  which 
may  be  ordered  by  the  court,  the  parties  to  whom  the 
debts  are  allotted  shall  have  all  the  rights  and  remedies  for 
the  recovery  in  their  own  names  of  the  debts  assigned, 
which  such  executors  or  administrators  possessed. 

Executor.  &c..  52.  Whcu  the  oxecutor.  or  administrator  shall  be  a 
tofi^aocnunt  Creditor  of  the  estate,  he  shall  file  in  the  office  of  the  regifl- 
bdTore  diatribu.  ^j.j^j.  ^^  ]q^^^  qjjq  mouth  before  the  distribution  of  the  estate, 


Order,  how 
made,  Ac. 


Age  of  heirs, 
how  ascer- 
tained. 


Desperate 
debts. 


FLE  XXIL]  probate  COURT.  403 

tme  and  correct  account  of  all  dealings  between  the  Chap,  90. 
'.ceased  and  himself,  verified  by  affidavit  id  the  form  in 
e  anaexed  Schednle. 

53.  The  naming;  of  any  person  esecator  in  a  will  shall  |!^*^^|JJX' 
■t  operate  as  a  discbarge  of  any  claim  wbich  the  testator  not siUngniih 
d  against  him  ;  but  rucH  claim  shall  be  included  an  part 

the  estate  of  the  deceased  in  tlie  inventory,  and  such 
ecutor  shall  be  liable  for  the  same  a»  for  so  much  money 
sets  of  the  estate  in  his  bands  at  the  time  when  such 
'bt  or  demand  shall  be  due,  and  ehall  apply  and  distribute 
e  same  as  part  of  the  persona!  estate  of  the  testator. 

54.  Any  executor  or  admiriistrator  may  make  oath  be-  K">"<e  t«,w 
re  the  jodge  of  probate  who  has  granted  him  administra-  JSt"*" '""'' 
>n  of  tbe  estate,  that  be  believes  the  same  to  be  insol- 

nt ;  and  tbe  judge  may,  if  he  shall  think  fit,  by  an  order 
r  that  purpose,  declare  the  estate  insolvent ;  and  the  ex-  inntvenn  rw« 
ntor  or  administrator  may  plead  such  order  in  bar  of  any  p"™**^'  "■ 
jal  proceedings  instituted  against  such  executor  or  ad- 
inistrator,  for  any  cause  of  action  accruing  against  the 
ceaaed.  In  such  case  tbe  court  or  a  judge  may,  from 
no  to  time,  make  such  order  for  a  stay  of  proceedings, 
8uch  other  order  or  orders  as  justice  may  require,  the 
Bts  to  be  in  tbe  discretion  of  the  court  or  a  judge. 

55.  Upon  being  required  by  tbe  judge  of  probate  on  ^I^?*°*'t^ 
e  petition  of  any  creditor  or  other  person  interested  tn  ^..  nqnind  ts 
y  estate  to  render  an  account  or  settle  the  estate,  ths"un"^uo„. 
:ecutor  or  administrator   may  apply  to  tbe  judge  for  a  |^7r^S''4(!. 
tation    requiring   the   creditors   and  nest  of  kin  of  the 
tcaased,  and  tbe  legatees,  it  any,  to  appear  before  bimon 

day  therein  to  be  speciiied,  and  to  attend  the  settlement 
'  Bach  account,  the  adjustment  of  the  claims  of  creditors 
id  all  parties  interested,  and  the  settlement  ol  tbe  estate; 
d  wLero  the  jtHigo  siiiill  decide  against  any  creditor,  or 
her  person  interoate'l,  in  respect  ol  any  controverted 
lim,  such  creilitor  or  utiier  person  may  appeal  to  the  Su- 
anie  Court  iu  like  inannar  as  is  provided  in  tliis  Chapter 
respect  to  appeals.  Such  citation  shall  be  served  per- 
nally  on  all  those  to  whom  it  shall  be  directed  living  in 
0  coimty  or  district  of  tbe  judge,  at  least  fifteen  days  he- 
re the  return  thereof,  and  upon  those  living  out  of  the 
mity  or  district,  or  whose  residence  may  be  unknown, 
ther  personally  fifteen  days  previously  or  by  publishing 
e  aame  in  the  Royal  Gazette  for  at  least  four  weeks  before 
e  returo  thereof.  The  c:itation  to  be  iu  the  form  in  the 
ihedule. 

59,    It  shall  not  be  necessary  to  serve  any  citation  pre-  ciuuonauD 
iratory  to  the  final    .settlement  of   an   estate  upon   any  ^^^'^hoo, 
editor  whose  debt  sbiill  have  been   paid,  nor  upon  anv*"™"*^- 
gatee  or  next  of  kin  ;  unless  the  judge  of  probate  ahall 


404 


PROBATE  COURT. 


[PABP  nr. 


Chap.  90. 


Who  may  lerve 
dtation;  tor- 
▼ioe»  how  veri- 
fied; expraae. 
howborae. 


All  penooR  In- 
tereetedniAv 
contest  settle- 
meat. 


Execator,  fto., 
to  produce 
voQcheni;  may 
be  examined 
upon  oath; 
sums  under 
eight  dollars 
how  vouched. 


Hoartnffs  ad- 
journed; audi- 
tors appointed. 


Final  settlement 
and  allowance  of 
account,  of  what 
facts  conclusive 
evidence. 


order  sncb  service,  and  shall  in  such  order  Dame  the  parties 
'  to  be  so  cited. 

57.  Any  literate  person  may  serve  such  citation,  and  an 
affidavit  in  writing  of  the  service  having  been  regularly 
made,  by  the  person  serving  the  same,  taken  before  the 
judge  or  registrar  or  any  justice  of  the  peace,  and  filed  in 
the  registrar's  office,  and  specifying  the  time  and  place'  pf 
service,  shall  be  sufficient;  the  expense  of  which  service 
shall  be  borne  by  the  party  at  whose  instance  the  same  was 
granted,  or  paid  out  of  the  estate  or  otherwise,  as  the 
judge  may  direct. 

58.  Any  person  interested  in  the  estate  of  the  deceased 
may  attend  the  settlement  of  such  account  and  contest 
the  same,  and  any  account  against  the  estate,  if  not  pre- 
viously paid  ;  and  may  obtain  from  the  judge  process  to 
compel  the  attendance  of  witnesses. 

59.  On  making  his  account,  every  executor  or  adminis* 
trator  shall  produce  vouchers  for  all  debts  and  legacies 
paid,  and  for  all  funeral  charges  and  expenses ;  and  such 
executor  or  administrator  may  be  examined  upon  oath  by 
a  master  under  an  order  oi  the  court  or  by  the  judge  of 
probate,  touching  any  property  or  effects  of  the  aeceased 
which  have   come  to   his   hands  or  knowledge,  and   the 
disposition   thereof,  and   such  executor   or  administrator 
may  be  allowed  any  item  of  expenditure  not  exceeding* 
eight  dollars,  for  which  no  voucher  is  produced,  if  such 
expenditure  be  supported  by  his  own  oath  positively  to  the 
fact  of  payment,  specifying  when  and  to  whom  the  same 
was  paid,  and  such  oath  being  uncontradicted. 

60.  Any  hearing  may  be  adjourned  from  time  to  time 
as  shall  be  necessary  ;  and  the  judge  may  appoint  one  or 
more  auditors  to  examine  the  accounts  before  him  and  to 
make  report  thereon  under  oath,  subject  to  his  confirma- 
tion, and  may  make  a  reasonable  allowance  to  such  auditors, 
to  be  paid  out  of  the  estate. 

61.  The  final  settlement  of  the  account  and  the  allow- 
ance thereof  by  the  judge,  or  upon  appeal,  shall  be  con- 
clusive evidence  against  all  creditors,  legatees,  next  of  kin 
of  the  deceased,  and  all  persons  in  any  way  interested  in 
the  estate  upon  whom  the  citation  shall  have  been  served, 
either  personally,  or  by  publication  as  herein  directed,  of 
the  following  facts : 

First, — That  the  charges  made  in  such  account  for 
moneys  paid  to  creditors,  to  legatees,  to  the  next  of  kiD| 
and  for  necessary  expenses,  are  correct. 

Second, — That  such  executor  or  administrator  has  been 
charged  all  the  interest  for  moneys  received  by  bim  and 
embraced  in  his  account,  for  which  he  was  legally  aoeount- 
able. 


rnTLB  xzn.]  probate  cookt.  405 

Third. — That  the  monejp  stated  in  such  acconnt  aa  col-  Chap.  90. 
lectad,  wore  all  that  were  collectable  im  the  debts  stated 
ID  such  accoQDts  at  the  time  of  thu  settlement  thereof. 

62.     Tlifl  judge  shall  tax  and  award  such  costs  aa  *re  ^J^- ^^J"^!, 
allowed  by  law,  to  be  paid  by  the  party  agninat  whom  the  retotwwijr^ 
decision  may  be  made  in  any  matter  contested  before  the  ^wSii^ 
court,  and  if  aeninst  the  executor  or  administrator,  to  be 
paid   oat  of  his  own   estate  or  out  of  the  estate  of  the 
deceased,  as  may  be  just  and   proper,  which  taxation  and 
order  shall  have  the  like  effect  as  a  judgment  in  a  court  of 
record,  and  execution   may  be  issued  by  the  judge  in  the 
form  in  the  schedule.     Any  such  taxation  or  order  may  be 
reviewed  by  the  Supreme  Court,  or  by  any  judge  at  cham- 
bers, apoD  notice  given  to  the   party  in  whose   favor  the 
taxation  and  order  may  be  made,  without  any  appeal  being 
entered  and  perfected,  and  such  order  made  therein  as  to 
inch  court  or  judge  shall  seem  jusi  and  proper. 

63.  Every  executor  or  administrator,  at  the  expiration  SiS'wmtS'uu 
>f  eighteen  months  from  the  date  of  the  letters  teStamea-  t<>p*ydsbta,ud 
ary  on  letters  of  administration,  advertisement  having  t^.*  '^ 
ieea  made  as  hereinbefore   prescribed,  shall  pay  all  such 

Qgal  and  just  claims  as  shall  then  be  exhibited,  so  far  as 
Le  estate  ot  the  deceased  in  hi^  hands  will  enable  him ; 
md  shall  make  anch  distribution  of  the  surplus  as  directed 
>y  tbe  will  of  the  deceased  or  by  this  Chapter. 

64.  The  judge    of  probate   on    the   application,  after  bibomw  ar»d- 
lighteen  months  fmrn  the  date  ot  the  letters  of  admints-miybsdwdio 
ration  or  probate,  ol  any   party   interested  as  a  creditor,  "*™°*' 
egatee,  or  next  of  kin,  or  as  surety  on  the  administration 

>ODd,  may  cite  the  executor  or  adminiatrator  to  render  an 
bCcount,  and  to  proceed  to  have  the  same  settled  according 
o  law;  and  on  the  settlement  of  any  administrator's  or 
Knecutor's  nccoinit,  the  judge  of  probate  may  proceed  to 
^Juat  tlic  cUims  ol  creditors,  subject  to  appeal,  as  in 
*ther  cases.  Tbe  coats  of  the  proceedings  on  citation  to 
fender  an  account  shall  not  be  allowed  against  the  execu- 
tor or  adminisjriitor,  unless  the  party  at  whoso  instance 
'^ch  proceedings  ^iiall  have  beou  had,  shall  first  have 
KlTeo  ten  days  notice  to  such  executor  or  administrator, 
Quiring  him  to  render  such  account. 

66.     After  eighteen  months  from   the  date  of  letters  ot^^^"*^- 
^dministration,  any   executor  or  administrator   may  cite  a  nuyaitcco- 
po^dministrator,   or   co-executor    to   account   before   the  Sd^S^Smim^ 
JDdge;  and  thereupon  the  judge  may  compel   the   party  """°"- 
cited  to  proceed  to  tha   settlement  of  his  account,  as  be- 
^^^eeo  him  and  tl^e  party  at  whose  instance  he  was  cited, 
or  may  order  all  the  administrators  or  executors  to  pro- 
ceed to  the  aettlement  of  their  accounts  as  prescribed  in 
dufiftj^-fifth  Motion. 


406 


PROBATE  COUBT. 


[past  hi« 


Chap.  90. 

Iq  aettlement  of 
aocountd  ooart  to 
have  power  of 
diancery. 

CommiBsions  to 
execntors,  Ac, 
how  adjusted. 


Distribntioii  of 
surplus  asseta. 


Order  of  dbtri- 
batioB  of  Inaol- 
vent  estate. 


Mortgages, 
judgments,  &o, 
when  not  affect- 
ed by  last  sec- 
tion. 


66.  In  the  settlement  of  the  accoants  of  executors  or 
administrators,  or  in  any  matter  pertaining  thereto^  tbe 
court  of  probate  shall  *have  the  same  power  which  was 
enjoyed  by  the  court  of  chancery. 

67.  In  the  settlement  of  any  estate,  the  executors  or 
administrators  may  be  allowed  over  and  above  all  such 
actual  and  necessary  expenses  as  may  appear  just  and 
reasonable,  a  commission  not  exceeding  five  per  cent,  od 
the  amount  received  by  them  ;  and  the  court  further  may 
apportion  such  commission  among  the  executors  or  admin- 
istrators of  any  estate  as  may  appear  just  and  proper^ 
according  to  the  labor  bestowed,  or  responsibility  incurred 
by  them  respectively. 

68.  The  judge  of  probate  may  order  the  surplus  assets 
remaining  after  the  settlement  of  an  executor's  or  adminis- 
trator's account  to  be  distributed  among  the  parties  entitled 
thereto. 

69.  In  the  settlement  and  distribution  of  the  insolvent 
estate  of  any  deceased  person,  the  whole  of  the  real  and 
personal   estate   remaining  after  payment  of  the  funeraV 
charges,  the  necessary  medical  and  other  attendance 
him  during  his  last  illness,  and  the  expenses  attendant  o 
the  settlement  of  the  estate,  shall  be  distributed  amoi 
those  creditors  who   shall  have   rendered  their  accouik. 
duly  attested,  within  the  period  before  prescribed,  in 
following  raunnor : 

First, — Clerks,  domestic  and  farm  servants,  and  rent, 
be  paid  in  full  for  the  last  year  previous  to  the  deat 
when  not  more  than  a  year's  wages  or  rent  is  due ;  t 
excess  to  be  on  the  same  footing  as  other  claims. 

Secondly, — All  other  creditors  to  be  paid  in  proporti* 
to  the  amount  of  their  respective  debts. 

70.  Nothing  in  the  preceding  section  contained  sb: 
affect  debts  due  on   mortgages  of  real  or  personal  08ta( 
or  on  judgments  registered  in  the  lifetime  of  the  deceasi 
person,  so  far  as  the   value  of  the  property  so  mortga(^ 
or  lands  bound  by  such  judgment  shall  extend  and  no  moi 
leaving  the  mortgagee  or  judgment  creditor  at  liberty  ' 
claim  as  any  other  creditor  for  any  balance  that  may  rema 
due  to  him  after  the  value  of  such  property  or  lauds  shi^ 
have  been  realized  ;  or  as  affecting  the  widow's  dower  ^^ 
real  estate,  or  to  prevent  any  creditor  who  may  not  hai 
exhibited  his  attested  account,  as  before  prescribed,  froT' 
recovering  his  demands  against  the  estate  of  any 
person  to  such  amount  as  may  remain  in  the  hands  of 
executor  or  administrator  for  distribution  after  the  settli 
ment  of  the  estate  ;  nor  to  affect  mortgages  duly  exeoal 
and  recorded,  and  judgments  docketed  and  duly  reoi 


TTTLB   SXn.]  PROBATE  CODET.  ^""^ 

before  the  nineteenth  day  of  March,  one  tboasand  eight  Chap.  90. 
hundred  and  forty-two.  ' 

71.  Nojodgeor  registrar  or  businosa  or  professional  Jj^JJ''(J^" 
partner  of  any  judge  or  registrar  shall  be  directly  or  io- «"n«J.*<:- 
directly  employed  or  profesBJonally  concerned  as  coudbqI, 
attorney,  solicitor,   proctor,  or  advocate,  for  any  party  in 

aoy  matter  pending  or  to  bo  brought  before  the  court  of 
which  he  is  judge  or  registrar,  under  a  penalty  of  five 
hundred  dollarri  tor  each  offence. 

72.  The  registrar  shall  have  the  care  and  custody  of  all  ^s"*^" 
papers  and  books  belonging  to  the   probate  court ;  and  in  bwki.  ao^ 
case  nl  the  death,  sickness  or  necessary  absence  of  the  ^^{f'tJi?" 
registrar,  the  judge  may  appoint  and  swear  into  office  "ppeint^. 
some  fit  person  to  officiate  in  his  stead  until  the  regis- 
trar shall  be  able  to  attend  to  his  duty,  or  until  a  new 

one  be  duly  appointed. 

73.  The  registrar  shall  keep  a  book  for  the  registration  DiirereBt  booki 
of  wills,  a  book  for  the  registration  of  decrees  and  orders  of  «gi^**  ^ 
sale  of  real  estate,  and  a  book  of  nets  or  a  book  containing 

a  short  abstract  of  the  proceedings  of  the  court,  properly 
iodexed. 

74.  In  the  book  for  the  registration  of  wills,  all  original  wiib, iw* ngi«- 
vrnis  are  to  be  registered,  and  all   interlineations,  alter-  '"^' 
ationa  or  apparent  erasures  not  noticed  in  the  attestation, 

are  to  be  noted  at  the  foot  of  the  record,  so  as  to  bo  as 
nearly  as  possible  an  exact  and  liberal  transcript  of  the 
original. 

75.  All  decrees  are  to  be  regularly  filed  and  registered.  DwHsflisdud 

76.  All  letters  of  guardianship  and  letters  ad  coUtgen-  ^^Jtgu»p- 
4um  are  to  be  registered.  ^iS!?a 

77.  Any  person  may  appeal  from  any  order,  sentence,  ippeHgum- 
decree,  or  denial  of  the  judgt  of  probate,  directly  to  the  "mS^'S^^ 
Supreme  Court  in   HiUifax,  which  Court  shall  have  power  minnerofaEh- 

t     to  confirm,  alter  or  reverse  the  same ;  and  the  appellant  ^■^^''"™ 

I     iball,  within  thirty  dnys  from  the  making  of  such  order, 

\     sentence,  decree  or  denial,  enter  his  appeal,  and  file  in  the 

\     registry  of  the  court  of  probate  a  statement  of  the  grounds 

PB  which  the  appeal  is  sought;  and  also,  within  ten  days 

thereafter,  shall  file  a  bond  to  the  judge,  with  two  sureties 

to  be  approved  by   liim,  in  the   penal  sum  of  two  lundred 

and   forty  dollare,  conditioned   for  the  payment   of  aach 

costs  as  may  be  awarded  against  him  upon  such  appeal, 

aad  HUcb  appeal,  when  so  perfected,  shall  be  a  stay  of  pro- 

ee«ding8. 

78.  Upon  the  appeal  being  perfected,  and  the  fees  for  Judge  to  nuu- 
makiog  the   copies   hereafter  mentioned  being  paid,  the  "piSl^f^pen 
jodge  of  probate  shall  immediately  transmit  to  the  court  ^i;XS^ 
io  which  the  appeal  is  to  be  heard  and  determined,  a  copy 

of  tha  appa^,  sod  of  all  sncb  papers,  documents  and  testi- 


408 


PROBATE  COUBT. 


[PABT  m. 


OMuewben 
^remitted. 


fix  months 
after  time 
elapMd. 


Chap.  90.    naony,  as  shall  be  ordered  by  the  Court,  or  any  judge  thereof 

at  chambers,  on  the  subject  of  the  appeal,  with  a  statement 

of  the  decision  made  by  him,  certified  under  his  hand  or 
that  of  the  registrar. 

79.    In  case  it  shall  appear  that  the  ends  of  justice  will 
be  promoted  thereby,  the  appeal  court  may  remit  the  cause 
to  the  probate  court  for  a  further  investigation  of  facts,  or 
more   perfect  consideration,   with  such  instructions  and 
upon  such  termn  as  may  be  deemed  advisable. 
Ooort<rf appeal      80.    If  upou  tlic  appeal  having  been  perfected,  and  the 
retorn  of  paoen  fees  allowed  in  the  seventy-eighth  section   tendered,  the 
oo^n^iectof     judge  of  probate  shall  neglect  to  transmit  the  appeal  and 
papers  connected  therewith  to  the  Court  wherein  the  ap- 
peal is  to  be  heard  and  determined  ;  on  due  proof  thereof 
the  Court  may  proceed  to  enforce  the  return  by  attachment 
as  for  a  contempt. 
For  ipecw  81.    The  Supreme  Court  or  any  jud^e  at  chambers,  upon 

S^ed^within   spccial  causc  slicwn  at  any  time  within  six  months  alter 
the   time   limited   for  entering  and  perfecting  an  appeal, 
may  allow  an  appeal  up>on  such  terms  as  may  seem  just,  in 
which  case  the  same  proceedings  shall  be  had  as  if  the 
appeal  had  been  originally  entered  in  the  court  of  probate. 
Costs auowed         82.     The  court  in  which  the  appeal  is  heard  may  direct 
appeat*i^ex-  the  costs  thereof  to   be   pjiid   personally   by  the  parties 
SS!ie?uJSdf      against  whom  such  costs  shall  be  awarded,  or  out  of  the 
how  sued  on.     estate  wbich  may  be  the  subject  of  appeal.     The  payment 
of  the  costs  may   be   enforced   against  the  appellant  by 
execution  or  suit  on  the  bond,  and  against  other  parties  by 
execution ;  but  no  such  suit   on  the   bond  shall  be  com- 
menced without  the  order  of  the  court  of  appeal  or  a  judge 
thereof. 

83.  The  court  of  appeal  when  any  matter  of  fact  shall 
arise,  may,  if  they  think  fit,  order  a  feigned  issue  to  be 
made  up,  and  prescribe  the  manner  of  making  the  same, 
and  direct  the  county  in  which  the  same  shall  be  tried ; 
and  shall  have  power  to  grant  new  trials  thereof,  and  to 
order  by  whom,  and  in  what  manner  the  costs  attending 
the  determination  of  the  issue  shall  be  paid :  the  fined 
determination  of  such  issue  shall  be  conclusive  as  to  the 
facts  tbl&rein  controverted. 

84.  Any  executor,  knowing  of  his  being  named  as 
such,  and  neglecting,  without  sufficient  reason,  to  cause 
the  will  to  be  proved  and  recorded  in  the  probate  court  of 
the  proper  count}^  or  to  present  such  will  and  declare  his 
refusal  of  the  executorship,  shall  forfeit,  after  the  lapse  of 
the  first  month,  twenty  dollars  for  every  month  he  shtll 
neglect  his  duty  therein,  which  may  be  recovered  to  hit 
own  use  by  any  person  having  an  interest  in  the  estate  of 
the  deceased,  in  an  action  as  for  a  private  debt. 


Feigned  issues 
ordered. 


Forfeiture  for 
executor's  ne- 
glect to  prove 
will. 


TITLH  XZn.]  PBOBATE  COCRT.  409 

85.    Upon  the  refasal  of  tha  executor  to  accept  the  Chap.  90. 
trnst,  the  JQ(]ge  of  probate  shall  commit  adtniniBtratioa  of  ~ 


tbe  estate,  with  the  will  annexed,  to  those  who  would  have  wia  win  m- 

been  entitled  to  the  administratioQ  thereof  if  the  deceased  whm^mtar 

bad  died  intestate.  wfiue.  to  ««. 

86.  The  Supreme  Court  or  court  of  probate  may,  if  they  K>8cdtor  of- 
ahall  think  fit,  upon  summary  application,  and  upon  due  S^^p^^^^n- 
proof  that  the  executor  is  wasting   the  estate,  order  the  p'*''"  o*  »««■ 
executor  to  give  security  for  the  performance  of  his  dnty, 

and  if  he  shall  not  obey  such  order  shall  cancel  his  autho- 
rity ;  and  the  court  of  probate  shall  thereupon  appoint 
another  executor,  who  shall  have  full  authority  to  proceed 
with  tbe  settlement  of  the  estate. 

87.  The  judge  of  probate  shall  have   power  to  issue  jndnemiDw 
SDcb  process  as  may  he  necessary  for  the  discharge  of  the  SJ^'^lS^pro- 
tmst  reposed  in  him,  and  also  to  issue  subpoenas  to  compel  t^i^"^^^^ 
the  attendance  of  witnesses  and  the  production  of  papers 
material  to  any  inquiry  pending  before  him.     The  party 
refosing  or  neglecting  to  obey  such  process,  or  any  order 

or  decree  of  a  judge  of  probate,  may  be  punished  as  in 
tbe  Supreme  Court  for  a  contempt;  and  all  such  process 
ihall  be  executed  by  the  officer  to  whom  it  is  directed. 

88.  All  compulsory  process  shall  be   directed   to  the  S^STJi''™ 
Sheriff  or  his  deputy,  or  to  a  coroner. 

89.  No  letters  ad  coUigendum  shall  be  granted  by  the  ^3™  h^S''*' 
jodge  without  due  security  being  first  taken.  gmtcd'. 

I        ^.     No  judge  ot  probate  shall  permit  an  original  will  wiiuwheni^ 

I     to  he  in  any  case  taken  out  of  the   Province,  or  to  be  re-  ema. 

L   moved  from  the  oiEce  but  for  the   purpose  of  being  pro- 

K  doced  in  the  Supremo  Court,  and  then  only  on  security 

B-keing  taken  for  its  safe  custody  and  return. 

r    91.     It  shall  not  be  necessary  in  any  case  for  a  party  to  ^"'"'"yP* 

r  omploy  a  proctor  or  advocate  in  the  court  of  probate,  but  i^^^£*«ijown 

erery  party  may  prepare  and  file  his  own  papers  and  advo-  "'""■ 

oate  hi»  own  cmian  (horeiu. 

92.  The  value  of  an  estate  in  reference  to  the  fees  pay-  v^ioeof  otMUm    . 
able  thereon,  shall  bo  ascertained  in  the  first  instance  by^u^'^^Xit 
the  oath  of  the  administrator  or  executor  to  his  belief  of '"''°<*' 

the  value  thereof,  to  be  regulated,  however,  eventually  by 
the  actual  amount. 

93.  When  the  authority  of  an  executor  or  administra-  PnTiouKiissii- 
tor  shall  cease  he  may  be  cited  to  account  before  a  judge  ^^^^^^ 
of  probate,  at  the  instance  of  the  .person  succeeding  to  the  «""'.*«■ 
administration  of  the  estate. 

94.  The  judge  of  probate  may,  on  summary  applicor 'o'ig»™yoni«r 
tion,  if  he  shall  think  it  for  the  interest  of  the  estate  so  to  (TbMNadtix 
do,  order  any  money  in  the  hands   of  the  executor  or  ad-  Etoii^.'°" 
ministrator  to  be   paid  into   any   chartered   bank   in   thia 
Fnwioce,  to  the  credit  of  the  estate  ;  and   when  mooey 


410 


PBOBATB  COURT. 


[PABT  n 


Chap.  90. 


When  spedfio 
legacy  as  com- 
penaation  to 
exeoDtor  shall 
be  in  lieo  of 
coznmiasion. 


Barrogate,  ap- 
pointment, pow- 
ers of,  Ac. 


Jad^  may  an* 
thonze  person 
to  administer 
oath  in  certain 


GRoQO* 


Forms  to  be 
observed. 


Fire  proof  safes 
to  be  prorided. 


Provisions  for 
safe  keepinff , 
Ac.,  of  books  of 
registry. 


If  no  assess- 
ment, Juatioes 
to  amerce. 


Not  to  oonflict 
with  Canada 
law. 


Rhall  be  so  paid  the  bank  shall  not  permit   the  same  to  b( 
withdrawn  without  the  order  of  the  court  of  probate. 

95.  Wlien  any  provision  shall  be  made  by  any  will  fo 
specific  compensation  to  an  executor,  the  same  shall  be 
deemed  a  full  satisfaction  for  his  services  io  lieu  of  an; 
commission  or  his  share  thereof,  unless  such  executor  bj 

^declaration  under  his  hand,  filed   in  the  court  of  probate 
shall  renounce  all  claim  to  such  specific  legacy. 

96.  A  judge  of  probate  shall  have  power  to  appoint  i 
surrogate  during  any  temporary  absence,  subject  to  th< 
approval  of  the  Governor  in  Council ;  and  such  surrogate 
during  such  absence  shall  possess  all  the  powers,  and  dis 
charge  the  duties,  of  the  judge  of  probate. 

97.  Where  any  oath  prescribed  by  this  Chapter  is  re- 
quired to  be  taken  before  a  judge  or  registrar,  and  the 
party  to  make  such  oath  lives  out  of  the  Province  or  mora 
than  thirty  miles  distant,  or  by  reason  of  age  or  sickness 
is  unable  to  appear  before  such  judge  or  registrar,  the  oath 
of  such  party  taken  in  writing  before  any  person  duly 
authorized  by  such  judge,  shall  have  the  same  effect  as  if 
taken  before  the  judge  or  registrar. 

98.  The  forms  in  the  annexed  Schedule  shall  be  ob- 
served, as  nearly  as  may  be,  in  the  court  of  probate. 

99.  Fire  proof  safes  shall  be  provided  in  the  several 
counties  and  districts  for  the  preservation  of  the  records, 
books,  and  papers  of  the  registry. 

ICO.  The  grand  jury  and  sessions  shall  provide  for  th€ 
custody  and  safe  keeping  of  the  books  of  registry,  and  see 
that  they,  with  the  indexes,  are  placed  and  kept  in  goo^ 
and  efficient  condition ;  and  shall  assess  upon  the  county 
with  the  county  rates,  such  sums  as  may  be  necessary  fron 
time  to  time  in  the  premises. 

101.  In  case  the  grand  jury  shall  not  comply  with  th 
foregoing  section,  the  justices  in  session  may  amerce  th 
counties  respectively,  for  the  necessary  amount,  and  ma, 
direct  the  mode  of  its  application. 

102.  Nothing  in  this  Chapter  shall  be  construed  t 
contravene  or  conflict  with  any  enactment  of  the  Parli« 
ment  of  Canada,  on  the  subject  of  insolvency,  orotherwift 


SCHEDUiiE. 


Form  of  affidavit  to  be  annexed  to  any  account  or   dau 
rendered  by  a  creditor  to  an  executor  or  adntinistrator* 

-,  maketh  oath  and  saith,  that  the  fon 


A.  B.  of 


going   paper  writing   doth   contain  a  true  and   oorre< 
account  of  his  demand  against  the  estate  of  ,  d 

ceased,  and  that  all  the  credits  to  which  the  deoeaied  wi 


nrcjc  xxn.]  pboba.te  court.  411 

hoaestly  and  justly  entiUed,  eo  far  as  deponoDt  belidTes,  Chap.  90. 
bave  been  given  on  said  accniint ;  and  that  the  balance  of 
-  —  is  justly  and  truly  owing  to  depoaeat. 

Sworn  before  me  at ,  this ) 

day  of ,  A.  D.  18—.  f 

A.  B. 
Citation. 

Ho-wa  Scotia.     County  of ,  SS. 

To  A.  B.  of ,  in  the  County  of , 

Greeting : 
'WheTeft*,  A.B.j^Tiecutor  [or  administrator,  or  other  per- 
joft  interested,  as  the  case  may  be,]  liatli  prayed  that  you 
may  appear  and  [here  state  in  sfi^rt  form  the  object,]  you 
MO  therefore  required  to  appear  before  me  at  a  Court  of 

Probate,    to   be   beid  at  ,  within  and  for  the  said 

County,  oD  the day  of next,  to  [here  state  in 

*iw(  /orm  the  object.';^ 

Given  under  my  band  and  the  eeal  of  the  eaid  Court, 

this day  of ,  18 — . 

C.  D.,  Judge  of  Probate. 
E.  F.,  Eegistrar  of  Probate. 

Attachment. 

-  SS. 

To  tlie  Sheriff  of . 

Greeting : 

Ton  are  hereby  required  to  attach by  hie  body, 

ifFonud  within  your  bailiwick,  and  him  safely  keep,  so  that 

yoo  may  have  hia  body  before  me  at  my  office  in , 

on  the day  of next  coming,  to  answer  con- 

eetuiiig  a  contempt  lately  by  him  committed  in  neglecting 
t9Hp)>ear  before  me  pursuant  to  a  eubpoena  issued  in  that 
Umf,  [or  in  case  it  may  be  /or  reusing  to  testify  after 
tppearing,  for  refusing  to  testify  before  me]  in  a  certain 
Matter  lately  pending  before  me  as  a  Judge  of  Probate  for 
said  County,  and  have  then  there  this  writ. 

Given  under  ray  hand  this day  of ,  18 — . 

C.  D.,  Judge  of  Probate. 
E.  F.,  Registrar. 

Execution. 
Probate  Court. 

Ccninty  of ,  S3. 

To  the  Sheriff  of  the  said  County  of . 

Greeting  r 

You  are  hereby  reijnired  [or  in  case  it  be  an  oluw  ezecw- 

ti^^  as  belwa,}  to  lery  of  the  goods  and  ohattelt  ot— — , 


412  PROBATE  COUBT.  [PABT  m. 

Chap.  90.   within  your  bailiwick,  the  sum  of ,  for  costs  awarded 

^  in  favor  of ,  in  a  certain  proceeding  lately  bad  before 

me  as  Judge  of  Probate  in  and  for  the  said  County,  and 

have  that  money  before  me  at  my  office  in  r-,  within 

thirty  days  from  the  date  hereoi.  to  be  rendered   to  the 

said  ,  and  for   want  of  such   goods  and   chattels 

whereon  to  levy  you  will  take  the  body  of  the  said , 

and  him  safely  keep  until  the  said  sum  and  your  costs  of^ 
levying  this  execution  be  paid,  and  make  return  thereof^ 
within  thirty  days  from  the  date  hereof. 

Given  under  my  hand  this day  of ,  18— • 

C.  D.y  Judge  of  Probate. 
E.  F.,  Registrar. 

Warrant  of  appraieemerU. 

Nova  Scotia.    County  of ,  SS. 

To  A.  B.,  Ac. 

Greeting: 

You  are  hereby  appointed  and  empowered  to  take  an 
inventory  of  all  the  real  estate,  goods,  chattels  and  credits, 

of  which  ,  late  of ,  in  the  County  aforesaid, 

died  seized  or  possessed  within  the  Province,  and  accord- 
ing to  your  best  skill  and  judgment  truly  to  appraise  the 
same,  which,  when  completed,  you  are  to  deliver  to  the 
executor  or  administrator  oi  the  said  deceased,  to  be  re- 
turned together  with  this  warrant,  in  three  months  from 
the  date  hereof. 

Given  under  my  hand  this day  of ,  18 — . 

C.  D.,  Judge  of  Probate. 

E.  P.,  Registrar. 
SS. 

The  above  named  appraisers  personally  appeared  before 
me,  and  made  oath  that  they  would  faithfully  and  impar- 
tially perform  the  services  to  which  they  are  appointed  by 
the  above  warrant. 

Bond  on  appeal. 

(The  bond  to  be  taken  for dollars,  payable  to  the 

Judee  of  Probate  in  the  same  manner  as  administration 
bonds,  and  conditioned  as  follows :) 

Whereas  the  above  bounden hath  appealed  from 

the  decision  of  the  Judge  of  Probate,  made  in  a  certain 
matter  now  pending  before  the  said  Judge :    Now   tho 

condition  of  this  obligation  is  such  that  if  the  said 

shall  well  and  truly  pay  such   costs  arising  from  eoch 
appeal,  and  to  such  person  as  the  court  of  appeal  maj 


TLE  ZZn.]  PBOBATE   COURT.  413 

-der  and  direct,  then  this  obligation  to  be  roid,  otherwise  Chap.  90. 

»  remaiD  in  full  force.  

Signed,  sealed  and  delivered    ) 
in  the  presence  of . ) 

Admini8tr(riton  bond. 

Enow  all  men  by  these  presents,  that  we,  A.  6.  C.  D., 

■d  E.  P.,  all  of ,  in  the  County  of ,  are  held 

id  firmly  bound  unto ,  Judge  of  Probate  for  the 

aunty  of  — — ,  in  the  sum  of ,  to  bo  paid  to  him 

'  his  BQCceesors  in  office,  for  which  payment  we  bind 
irselves,  our  and  every  of  our  heira,  executors  and  ad- 
linistrators,  jointly  and  severally  by  these  presents,  seuled 
nth  our  seals,  and  dated  this day  df ,  18 — . 

The  condition  of  this  obligation  is  such,  that  if  the 
bove  bounden   A.  B.,  Adrainiatrator   of  the   goods  and 

ffects  of ,  deceased,  do  make  a  true  inventory  of 

K  goods  and  effects  oi  the  deceased  which  have  or  shall 
ome  to  the  possessioa  or  knowledge  of  the  said  A.  B.,  and 
he  same  do  exhibit  into  the  Registry  of  the  Court  of  Pro- 

«te  for  the  County  ot ,  on  or  before  the  ■  day 

ir next  ensuing  ;  and  the  same  goods  and  effects, 

utdall  other  the  goods  and  effects  of  the  deceased,  at  the 
»n  of  his  death  or  which  at  any  time  after  shall  come  to 
Its  poBsessioD  or  knowledge  of  the  said  A.  B.,  do  adminis- 
traccording  to  law,  and  further  do  make  a  true  account 

if  his  administration,  on  or  before  the day  of , 

D  the  year  of  our  Lord  cue  thousand  eight  hundred  and 

;  and  all  the  residue  ol  the  said  goods  and  effects 

fbich  shall  be  found  remaining  upon  the  said  Administra- 
or'a  acoountf  the  same  being  first  examined  and  allowed 
ijf  the  Judge  of  tlio  said  Court,  shall  deliver  anU  pay  unto 
nch  persons  respectively  as  the  Judge  by  his  decree  shall 
ppoint ;  and  if  the  said  A.  B.,  Administrator,  shall  per- 
irnall  orders  and  decrees  made  by  the  Court,  touching 
be  goods  aad  effects  of  the  deceased,  and  if  it  shall  here- 
fler  appear  that  any  last  will  was  made  by  the  deceased, 
ad  the  same  be  pruvcd  and  allowed  by  the  Court,  then  if 
16  above  boundeu  A.  B.,  being  thereunto  reqnired,  do 
diver  the  said  letters  of  administration  to  the  said  Judge, 
'  blB  successor  in  ofSco,  tlieu  this  obligation  to  be  void. 
Signed,  sealed  and  delivered    ) 

Iin  Uie  presence  of  — .  f 
Bond  on  aah  of  reoZ  estate. 
bO  men  by  these  presents  that  we  [gu  tn  adminia- 
itKm  hond.\ 
fPhereas,  liceniQ  has  been  srauted  by  the  abore  named 


414  MAGISTRATES  IN  CIVIL  CASES.  [PARI  ] 

Chap,  91.   Jndge  of  Probate  to  the  above  bounden  Elxecntor  oi  the  h 

will  and  testament  [or  Adminiiiratar  of  all  and  singid 

the  goods.  chcdteU^  credits  and  estaUy  as  the  case  may  be^] 

,  deceased,  to  sell  [or  lease  or  mortgage^  as  the  cc 

may  6e J  the  real  estate  of  the  said  deceased  for  payment 
his  debts  and  legacies :  Now  the  condition  of  this  oblij 
tion  is  such,  that  if  the  said  A.  B.,  Executor  [or  admin 
truto7']  as  aforesaid,  shall  faithfully  apply  all  mone 
arising  from  the  sale  [lease  or  mx)rtgage'\  of  any  of  the  re 
estate  of  the  said  deceased,  or  otherwise  from  the  reo 
and  profits  thereof,  in  payment  of  the  debts  or  legacies 
the  deceased,  agreeably  to  law,  and  shall  truly  account  £ 
the  same  in  his  administration  account,  before  the  Court  < 

Probate  for  the  County  of or  other  court  of  comp 

tent  authority  in  that  behalf;  and  shall  pay  any  surph 
moneys  which  may  be  found  remaining  in  his  hands  opo 
such  accounting  uito  such  person  as  the  Court  of  Probat 

for  the  said  Count}'^  of or  other  court  of  compoten 

authority  in  that  behalf  shall  by  decree  appoint,  then  tbi 
obligation  to  be  void. 

Signed,  sealed  and  delivered    ). 
in  the  presence  of . ) 


CHAPTER  91. 

OF  THE   JURISDICTION  OP    JUSTICES    OP    THE    PEACE    IN  CIVI 

GASES. 

Jurisdiction  of        1.    In  actions  for  debt,   where  the   whole  dealing  ( 
SW^J1!!ii^;„o  cause  of  action  does  not  exceed  twenty  dollars,  one  JQBtic 

JfM  t   OI  I  WO    JUS"  _  iiTi»  /»• 

tice8$8o.  and  where  the  whole  dealing  or  cause  of  action  excee< 

twenty  dollars  and  does  not  exceed  eighty  dollars,  tv 
justices  of  the  county  wherein  the  'defendant  resides,  ahi 
have  jurisdiction  ;  and  they  shall  have  power  to  sue  « 
ecutors  or  administrators. 
Suit, iiow  con-  2.  The  suit  may  be  conducted  and  the  amount  colldc 
ducted.  gj  upon  the  same  rules  in  a  summary  form,  and  subject 

a  like  defence,  as  if  the  suit  were  brought  in  the  Supres 
Court. 
Jury  in  cases  3.     When  the  wholo  cause   of  action   exceeds  tWI 

over$ao.  dollars  and  does  not  exceed  eighty  dollars,  either  parlj-fl 

obtain  a  jury  by  applying  to  the  justices  therefor  at  lo 
Pftrticuiani  of     two  days  beforo  the  return  dav  of  the  process.    NbittME 

•oo«ant  or  Bote,     i_ii'  *m,     £  "  •  t  -.4  ^  ^^. 

filed  before       shall  issuo  any  writ  of  summons  or  capias,  unlesft  thtt|iil 
writiflsnea.       applying  therefor  shall  file  a  statement  in  writing  mM 


LB  XXII.]         lUOISTHATBS  IM  CITIL  CASES.  415 

gthe  particulars  of  hia  c&uao  of  action,  or  of  the  promis-  Chap.  91. 

Tj  note  or  other  instrument  on  which  he  is  aning,  n  copy ■' 

which  shall  be  furnished  to  the  defendant  by  tlie  justice 
required.     When    final   judgment    aliall    have    passed  ^"t' .<>'"'<"> 

ereon,  the  statement,  note,  or  other  instrument  Bhall  boAc.  '"''*™"  • 

ed  with  the  justice,  and  in  casos  ol  appeal  ahall  be  trans- 

itted  with  the  other  papers  in  the  cause. 

4.  A.  statement  in  writing  ol  the  particulars  of  the  Firtioaunui- 
aiatiff's  claim,  shewing  both  debts  and  credits,  shall  bem™"'""' 
oexed  to  the  original  summoDs;  and  a  copy  thereof,  to 

1  prepared  by  the  justice  issuing  the  writ,  shall  he  an- 
xed  to  the  copv  of  such  summons,  and  served  there- 
ith. 

5.  All  writs  simll  be  directed  to  and  bo  served  and  J^j^'iST  *' 
Lecuted  by  a  constable. of  thojcounty  wherein  the  writ  is  Kn-ed. 

ade  returnable,    ^T^^^'f    ^^f*--  ctt.  1.,.^.  cUix_    i  ^  vW- 

6.  A  copy  of  the  summons  or  capias  shall  be  delivered  oopyof  »um- 
ithe  defendant  at  least  6vo  days,  when  the  amount  ia  u™i4'd'wX''^ 
uder  forty  dollars,  and  when  above  forty  dollars,  ten  days  '"''"'■ 
More  the  return  day  thereof;  and  the  constable  serving 

be  same  shall,  if  required,  explain  such  writ  to  the  defen- 
Isnt.  A  notice  in  the  form  in  the  Schedule,  requiring  the 
lefeudant  to  fyle  his  set-ofT,  if  any,  shall  be  endorsed  on 
tie  Bummone  or  capias  and  copy. 

7.  The  constable  shall  make  return  of  such  writ,  with  HBtn™  of  writ. 
lii doings  thereon,  on  or  before   tho    return    day,   and   if*""™*^ 
tqaired  by   the  justice   shall   make   an   affidavit  of  the 

nnner  in  wliich  he  has  served  the  same,  and  tbe  date 
tf inch  service. 

8.  When  the  defendant  does  not  personally  appear,  the  Affidavit  oi  nr- 
notice  shall  not  procee'l  in  the  cause,  unless  the  constable  whtiTXtmiiDt 
Jiaii  make  an  affidavit  that   he    has   delivered  a   copy   of  """^ ""  "''*'°"' 
«cb  writ,  witii  a  Btatoment  in    writing   of  the    plaintifTs 
irticolars  atini;xe(I,  to  tlio  defendant,  and,  if  by  the  de- 

ndant  at  the  (imo  of  B<!r»ic6  required  so  to   do,   that  lie 

tin«d  tliQ  contents  tijcreof  to  the  defendant. 
No  porsou  shall  be  arrested  for   a   debt   under  fo''''?'i!'"P''J^f*J 
Mkn:  iior  fur  any  debt,  nuless   the   affidavit  contain  an  noiuin.Dor  tor 
Binhon  that  the  plaintiff  verily  believes  that  unless  such  SSfw'lJ^i?' 
W(.be  grunted  the  debt  will  be  lost,  and   that   he  verily  ■■>''*'"■ 
AStVM  the  defendant  is  iibont  to  leave  the  county. 

•\%  No  female  or  minor  shall  be  arrested  on  a  writ  of  ^'^p'j'jj^"" 
^HM  ieaoed  by  a  ju.stice.  fapi"- 

II.    Any  [lereon   aitc-rited   on   any  such   writ  shall  be Penom umMd 
tailt«dto  bail  by  tliL.  uBcer  in  the   same  manner  as  in "'"'"*'*°'*^ 
tbar  ca»eit  of  arrcL.t ;  but  in  case  the  party  arrested  shall 
B  cuDmitted  to  jail,  (hu  constable  who  committed  him, 
rtbe  Sheriff,  on  demand  of  the  prisoner,  shall  take  him 
More  tbe  justice  or  justices,  when  and  where  the  caoBe 


416  ]fAGISTBlTE3  IN  CIVIL  CASES.  [PABT  lU. 

Chap.  91.  is  to  be  triod  as  often  as  may  be  necessary  for  the  trial  of 
PreMot  during"  ^^®  cause,  that  he  may  be  present  during  sacb  trial,  and 
<4^-  attend  to  lAe   same,  and  shall   have  him  in  his  custody 

during  such  time  ;  and  the  constable  or  other  officer  so 
conveying  him  shall,  if  judgment  be  against  him   for  any 
sum,  unless  he  shall  forthwith   pay   the   same ,  re-convey 
him  to  jail:  but  should  the  party  so  arrested  appeal  from 
Diwiiargedon    any  judgment,  he  shall,  on  perfecting  his  appeal,  be  forth- 
perfecting  ap-     ^^jj.j^   discharged   from   prison.     The  constablo   or  other 
Constable's  fees  officer  SO  conveyiug  him  shall  be  entitled  to  ordinary  con- 
of  travel.         stable  fecs  per  mile  travel,  to  be  taxed  in  the  costs  on 
B(wape;whcn    judgment  agaiust  the  unsuccessful  party  ;  and  the  Sheriff 
®'  shall  not  be  liable  for  any  escape  of  the  party  while  out  of 
his  actual  custody  under  this  section. 
o^uMB.  when         12.     All  causos  sliall  be  tried  between  the  hours  of  teo 
*'**^'  o'clock  in  the  forenoon  and  six  o'clock  in  the  afternoon  of 

the  day  on  which  process  is  made  returnable. 
cantinue<iby         13,     When  from   the  number  of  causes   to  be  tried  a 
jw^ices    neces-  ^^^^g^  qj^q^q^;  }qq  heard   and   determined   within  the  time 

specified  in  the  next  preceding  section,  or  when  sufficient 
cause  on  affidavit  is  shown,  the  justice  may  continue  the 
cause  till  some  further  time,  not  exceeding  thirty  dA\% 
upon  such  terms  as  to  costs,  security,  or  otherwise,  as  he 
may  deem  right ;  of  which  continuance  he  shall  notify  the 
parties,  plaintiff  and  defendant, 
jary.howsum-  1*^.  Wlieu  a  jury  lias  been  demanded,  the  justice  fihill 
moued.  issuo  a  veuirc,  directed  to  a  constable  not  being  of  kin  to 

either  party,  or  interested  in  the  suit,  commanding  him  to 
summon  a  jury  of  three  persons  qualified  to  act  as  petit 
jurors  from  the  township  or  place  wherein  the  action  is  to 
be  tried,  to  appear  at  the  time   and   place   therein  to  be 
specified. 
Fine  for  non-at-      15.    Any  juror  SO  summoued  who  shall  neglect  to  ap- 
j2ror*°^°'       pear,  and  shall  not  show   to   the  justices   some  sufficient 
excuse  therefor,  shall  forfeit  one  dollar,  to  be  levied  by 
warrant  of  distress  upon  his  goods ;  such  warrant  to  be 
issued  by  the  justices  upon  the  oath  of  the  officer  that  be 
had  summoned  the  juror  at  least  twenty-four  hours  before 
the  time  appointed  for  his  appearance, 
jurornjiow  16.     The  jury  shall  be  sworn   by  one  of  the  justices  in 

in^'SutH'^S^"  open  court  'Mvell  and  truly  to  try  the  cause  according  to 
**■  the  evidence;"  and  the  evidence  of  the  witnesses  prodaced 

shall  be  made  and  delivered  in  the  hearing  and  presence 
of  the  justices  and  jury  so  empanelled ;  and  having  heard 
the  directions  of  the  justices,  tUe  jury  shall,  if  thoy  require 
it,  retire  to  some  convenient  room  under  the  charge  ot 
some  constable,  or,  in  case  no  constable  shall  be  la  attaad- 
apce,  such  other  person  as  shall  by  such  justices  be  ap- 
pointed for  that  purpose,  who  shall  be  sworn  ''  to  k^ep  aaoh 


n.B  XXn.}        1IAOI8TBATE9  IS  CIVIL  CASES.  417 

ry  together,  and  not  to  enfTar  any  one  to  speak  to  then),  Chap.  91, 

IT  to  apeak  to  them  himself,  without  leave  of  thejuaticea ;" 

id  when  agreed,  the  jnry  sliall  return  their  verdict,  where- 
M)D  judgment  shall  be  given  accordingly. 

17.  Either  party  may  challenge  for  cause  any  of  the  ("""^"P '" 
rors,  and  if  the  challenge  be  allowed,  or  any  of  tlje  jurors  Swnp"' 

I  Dot  appear,  the  justices  shall  direct  the  constables  forth- 
ith  to  summon  any  person  duly  qualified,  and  not  liable 
be  challenged,  to  fill  up  the  jury. 

18.  In  all  cases  under  this  Chapter,  whether  the  defeod-  ^^^^^**' "' 
t  appears  or  not,  and  the  plaintifTa  demand  or  cause  of  oiiere nnioD not 
tioD  is  not  contessed  by  the  defendant  id  person  or  in  °™ 

ritiog  nnder  bis  hand,  the  same  shall  be  established  on 
e  oath  of  one  witness. 

19.  The  plaintiff  shall  not  be  permitted  to  give  evidence  ''H"^!'™*' 
anything  not  coutained  in  the  BtatemeDt  filed  by  him  fuU^toiad. 

evioDS  to  the  issue  of  the  writ. 

20.  A  defendant  who  intend^j  to  rely  upon  a  set-off  shall  S^JjjJIf^J^'* 
3  the  same  with  one  of  the  justices  issuing  the  writ,  ort-od>ys  neton 
rve  it  on  the  opposite  party,  at  least  two  days  before  the  """"'  ""■ 
torn  day  of  the  summons  and  before  trial;  and  ho  shall 

I  precluded  from  giving  in  evidence  by  way  of  set-off 
lything  not  contained  in  the  statement.  The  justice,  if 
qniretl,  shall  furnish  the  plaintiff  with  a  copy  thereof. 

21.  Whenever  the  defendant  shall  establish  a  set-off "^"l^™^"' 
^osl  to  or  exceeding  the  demand  proved  by  the  plaintiff,  equii  to  ore.- 
■  any  other  sufficient  defence  thereto,  the  defendant  shall  nr.'liSinud 
ive  judgment :  if  the  set-off  be  leas  than  the  plaintiff's  gJ^^IJ^jj^" 
amand,  the  plaintiff  shall  have  judgment  for  the  lesidue  i°s1t- 

ily  with  costs;  and  it  the  set-off  exceeds  the  plaintiff's 
Bmand  as  proved,  and  the  whole  amount  of  such  satroff 
9  not  exceed  eighty  dollars,  the  defendant  shall,  io  that 
kse,  have  judgment  fur  auch  excess. 

22.  When  it  shall  appear  that  the  defendant  had  ten- Whrn*"*" 
aped  the  amount  due  before  suit  brought,  such  defendant  un^tVd  is, 
1^  before  the  trial   piiy  the  same  into  the  hands  of  the  dJitS^'t.'" 
U|ioe,  and  sliall  theroiipon  be  entitled  to  his  costs,  which 

bill  be  deducted  by  the  justice  out  uf  the  money  bo  paid 
l(o  his  baods. 

S^,     The  party  succeeding  shall  in  all  cases  be  entitled  om^ 
[this  costs. 

U,    Where  judgment  has  been  awarded,  the  justice  or  jfewjaon,  now 
utieaa  before  whom  tho  suit  was  tried,  and  in  case  of  the  dwiti.  *e.,  oi 
eath,  resignation,  or  removal  of  auch  justice  or  justices,  ^''*'°°" 
ay  other  jnalioo,  and  wlien  such  cause  has  been  tried 
afore  two  justices,  in  oase  of  the  death,  resignatiou  or 
Sflwval  of  one  of  them,  the  remaining  justice,  ahall  issue 
ueutwa  against  the  goods  and  chattels,  aud  for'waot 
26 


418  MAGISTRATES  IN  ClVIL  CASS.  [PART  m 

Chap.  91.    thereof  against  the  body  of  sach  person,   for  the   snni 

awarded,  with  oosts. 

Betonof  execu-     25.    All  exocQtions  shall  be  made  returnable  in  thirt^p 

days. 

BxecDtion  not        26.    No  exooation  shall  issue  after  the  lapse  of  one  yeat 

JoeyleftriSept  ffom  the  time  of  giving  judgment ;  unless  it  shall  be  made 

in  certain  01  ses.  to  appear  by  affidavit  that  a  balance  is  still  due  tbereoUj 

and  that  due  diligence  has  been  used  to  levy  the  same,  io 

which  case  further  executions  may  issue  for  the  balance 

at  any  time  within  four  years  after  the  rendering  of  the 

judgment. 

Dntjr  of  ooDsta-      27.    The  coustablo  to  whom  the  execution  shall  be  de- 

SicatlonOTSer-  Hvercd  shall  proceed  forthwith  to  levy  for  the  sum  due,  and 

•onai  property,   gj^j^jj  j^j^q  sufficient  goods  of  the  party  against  whom  the 

execution  is  issued  to  satisfy  the  same,  and  shall  cause  an 
advertisement,  describing  the  goods  taken,  and  specifying 
the  time  and  place  of  the  sale,  to  be  posted  up  in  two  or 
more  public  places  in  the  township  or  place  wherein  snob 
sale  is  to  bo  held,  at  least  five  days  before  the  time  appointed 
for  such  sale. 
Bale,  how  oon-        28.    At  the  time  and  place  so  appointed,  if  the  amount 
i"eS^uon"r  remain  unpaid,  the  officer  acting  therein  shall  sell  the  goods 
»^®5e*f  ad?"""  at  auction  to  the  highest  bidder,  and  shall  forthwith  retuni 
journment  of     tho  executiou,  with  his  doings  thereon,  to  the  justice  who 
•oid'totere-^"    issuod  the  Same,  and  pay  the  debt  and  costs  levied  thereon 
stored.  ^^  ^^  plaintiflF  or  his  agent  duly  authorized,  after  deduct- 

ing the  fees  of  levy  and  sale,  returning  the  surplus,  if  any, 
to  the  person  against  whom  the  execution  issued  or  his 
agent  duly  authorized,  or,  in  his  absence,  to  the  justice  for 
the  use  of  such  party  ;  and  if  the  goods  shall  remain  unsold 
for  want  of  buyers,  the  constable  may  adjourn  the  sale  for 
any  period  not  less  than  twenty-four  hours  nor  more  than 
six  days,  and  may  in  such  case  proceed  to  advertise  anew, 
and  sell  the  same  after  the  return  day  of  the  execution. 
Immediately  after  such  sale  he  shall  make  return  and  pay- 
ment  as  above  specified ;  and  whatever  goods  remain  un- 
sold after  satisfying  the  execution  and  expenses,  shall  be 
restored. 
Constables  not  29.  No  coustable  shall,  directly  or  indirectly,  purchase 
to  purchase.      ^^^  goods  at  any  sale  made  by  him  under  this  Chapter ; 

and  every  such  purchase  shall  be  absolutely  void. 
For  want  of  30.    For  waut  of  goods  whereupon  to  levy,  the  constable, 

S^'i£e^      unless  otherwise  directed,  shall  commit  the  person  agaimri 

whom  the  execution  is  issued  to  jail. 
Appeal,  and  31.    In  cftso  of  an  appeal  the  appellant,  or,  in  his  sbseno^ 

^?g  ^^n.  bis  agent,  before  the  appeal  shall  be  allowed,  shall  make«0 
affidavit  in  writing  that  he  is  dissatisfied  with  the  judsmatil 
and  feels  aggrieved  thereby,  and  that  suoh  appeal  10  Ml 
prosecuted  for  the  purpose  of  delay^  and  shatll  nle  the 


TITLE  ZZU.]         MAGISTRATES  IN  CITIL   CABES.  419 

with  the  justice  ;  ami  the  party  so  appealing,  or  in  his  ab-(;QAp.  gj, 

sceDce  his  agent,  shttll,  within  ten  days  after  the  judgment, 

enter  into  a  bond  with  safBcient  surety  in  h  penalty  doable 
the  amount  of  the  judgment,  with  n  condition  that  the  ap- 
pellant shall  enter  and  prosecute  his  appeal  and  perform  the 
judgment  of  the  court,  or  render  tlie  body  of  the  Appellant 
and  pay  the  costs  accruing  on  the  appeal ;  or  shall  before 
the  first  day  of  the  term  of  such  court  pay  the  amount  of 
the  judgment  together  with  all  costn  thereou  subsequently 
accruing,  >iud  such  justice,  or  if  the  action  be  before  two 
justices  then  the  first  one  applied  to  therein,  if  thereto  re- 
quired, shall  prepare  the  aOilavit  and  appeal  bond  ;  which 
appeal,  if  applied  for  at  any  time  within  ten  days  after 
JDOgment  in  such  cause,  such  justice  or  justices  shall  be 
bonnd  to  grant  returnable  to  ttie  next  term  of  the  Supreme 
Ooart  in  the  county  in  which  the  trial  was  had ;  and  execu- 
tion, if  not  issued  when  the  appeal  is  applied  for,  and  the 
Appellant  or  his  agent  shall  make  or  be  ready  to  make  the 
affidavit,  IWI  be  stayed;  but  in  such  case,  if  the  defendant 
have  given  bait,  his  bail  shall  continue  liable,  notwith- 
standing his  personal  appearance,  until  they  shall  render 
him,  or  he  shall  give  an  appeal  bond  within  the  ten  days 
hereiD  prescribed  ;  and  if  execution  has  issued  before  the 
appeal  is  applied  for,  it  shall  be  stayed  on  the  same  being 
perfected,  on  the  order  of  the  issuing  justice  to  be  granted 
at  the  instance  of  tbe  appellant  and  duly  served  upon  the 
constable. 

33.    The  sureties  to  the  appeal  bond  shall  have  tbesnnUMnwy 
power  to  render  the  appellant;  and  the  Sheriff  shall  beJ^^^P^ 
QqQLlid  to  receive  him  at  any  time  after  tbe  trial  de  novo,  in 
the  same  manner  as  dcfendunte  are  now  rendered  by  bail  to 
a  capias  issued  out  of  the  Supreme  Court. 

33.  The  judgu  bcfure  whom  the  trial  de  novo  shall  take  PKtiet  amtott 
place  shall  confine  the  parties  to  the  particqlars  and  set-off    "*""  "^ 
filed  before  the  magistrate,  and  shull  permit  no  amendment 
therein. 

34.  In  cane  of  iippsal  the  justice,  nnless  he  shall  receive  itutintoRtmi 
a  notice  in  writing  signed  by  both  parties  or  their  agents  iSJStal^fm. 
to  the  contrary.  Blitill  return  to  the  Prothonotary  of  the  Su-  {5"j5i£"|'^' 
preme  Court,  beforo  the  opening  of  the  Court  on  tbe  first  vrfuag. 
day  of  tbe  next  term  ia  the  county,  all  papers  in  the  cause, 

with  a  transqript  of  the  judgment,  and  the  affidavit  and 
boDd  whereon  the  appeal  was  allowed. 

35.  Any  coiistablo  neglecting  to  serve  or  make  return  sine  (or  con- 
of  a  writ  of  summons  or  capias,  besides  being  liable  to  an  l^'^l!^'^ 
action  on  the  ca^e  for  any  damage  that  may  have  been  ^t- 
■(MtMD6d,  shall  forfeit  four  dollars. 

36.  Auy  Gonstiible  neglecting  to  return  an  exeoatioD  i^-^d  pn- 
£u  Uw  spMe  ot  ten  days  after  the  retam  dajr  thereof,  r»uS  V 


420 


MAGISTRATES  IN  CITIL  CASES. 


[part  m. 


gleets  to  return 
execution. 


Stipendiary' 
ma/p»trate9 
jurisdiction. 


Process,  how 
iwued,  Ac. 


Chap.  91.  unless  with  the  consent  of  the  party  in  whose  favor  it  was 
i8sue(),  or  to  pay  over  within  five  days  the  moneys  received 
thereon,  or  to  pay  the  surphis,  if  any,  on  demand,  shall 
forfeit  four  dollars,  and  may  also  be  sued  in  an  action  for 
money  had  and  received  ;  and  the  justices  shall  have  juris- 
diction though  the  sum  exceed  forty  dollars. 

37.  Stipendiary  magistrates  shall  severally  within  their 
jurisdictions  have  and  exercise  all  the   powers  and  juris- 
diction  conferred  by  this  Chapter  on   two  justices  of  the 
peace. 

38.  All  writs  of  summons,  capias,  subpoena,  and  venire 
shall  require  but  one  se<il,  and  the  same,  as  well  as  all  ex< 
ecutions  in  cases  before  two  justices,  shall,  where  practi- 
cable, be  prepared  by  the  justice  first  applied  to  in  the  suit. 
In  all  cases  the  capias  shall,  where  practicable,  be  endorsed 
by  the  justice  first  applied  to,  who  is  to  prepare  the  affidavit 
also.  In  all  suits  triable  before  two  justices,  the  summons 
and  capias  shall  be  signed  by  two  justices,  and  the  execu- 
tion in  such  case  shall  have  two'  seals,  and  shaN,  where 
practicable,  be  signed  by  the  two  justices  who  issued 
the  mesne  process  and  tried  the  cause.  Writs  of  subpoena 
and  venire  and  subpoena  tickets  shall  be  signed  by  one  jus- 
tice only :  all  affidavits  shall  be  taken  before,  and  all  oatha 
under  this  Chapter  shall  be  administered  by  one  justice 
only  ;  and,  in  all  suits  before  two  justices,  all  acts  required 
to  be  done  by  one  justice  only,  shall,  where  practicable,  be 
had  and  done  by  and  before  the  justice  first  applied  to,  who 
is  to  be  the  keeper  of  all  papers  in  the  cause,  and  to  make 
return  of  the  proceedings  therein  in  cases  of  appeal. 

Fwms.  39^    rJ^^^Q  f^^j^g  glj^n  bo  as  in  the  Schedule. 


.,  SS. 


SCHEDULE. 

Summons. 


County  of 

To  any  of  the  constables  of  the  said  County  : 

You  are  hereby  required  to  summon  A.  B.,  of ,  to 

appear  before ,  at ,  on  the day  of , 

at o'clock  in  the noon,  to  answer  to  C.  D.  in  the 

-,  and  to  make  return  thereof,  on  or  before 


sum  of 

the  said  day. 
Witness  — 


hand  and  seal  the 


day  of 


',  18—. 


E.   P.,  J.  P.    (Seal.) 
G,  H.,  J.  P.    (Seal ) 

Notice  to  be  endorsed  on^the  summons  or  capias. 

Take  notice  that  unless  forty-eight  hours  before  the  fe* 
turn  day  of  this  summons,  {or  capias  as  the  case  majf  6$,) 
you  file  the  particulars  of  your  set-off  to  the  plaiatiffe 
claim  with  the  magistrate  issuing  the  writ,  you  will  not  Imt 
permitted  to  give  evidence  of  any  such  Bet-o£ 


TITLB   ZZII.]        HAGIBTRATES  IN  CITIL  CABE9.  421 

Capias.  2lfZiil^ 

County  of SS. 

To  any  of  the  said  coDstabte^  of  8aid  Oonnty : 

f  ou  aro  liereby   required  to  take  A.  B.  of        ■'     ,  aud 

Lira  safely  keep,  ao  that  you  may  have  him  before at 

on  the day   of at o'clock,  in  the 

.  Doon,  to  aiistver  to  C.  D.  iu  tlie  sum  of ,  wherool 

fail  not.  and  to  have  there  then  this  writ,  with  year  doiuga 
thereon. 

Witness hand  and  seal  at  the day  of 

E.  F..  J.P.  (Seal.) 
G.H..J.P.(Seal.) 
Note. — Ou  the  back  of  the  capias,  and  copy  thereof,  be- 
sides the  above  notice,  to  be  endorsed  the  sum  sworn  to 
in  words  at  length,  as  tollowa  : 

By  oath  for  the  sum  of 

E.  F.,  J.P. 

Affidavit  to  obtain  a  capias. 

A.  B.  of ■ — ,  in  the  County  of— — • — ,  maketh  oath 

•K3<1  saith,  that  C.  D.  is  justly  indebted  to  the  deponent  in 

theeomof after  giving  full  credit,  to  the  best  of 

d^  ponent's  knowledge  or  belief,  for  all  payments  or  offsets ; 
tlae&t  the  cnaae  of  action  does  not  exceed  eighty  dollars; 
tVkttit  deponent  verily  believes  that  unless  a  writ  of  capiaa 
b^  granted  the  debt  will  be  lust;  and  also  that  he  vorily 
to^lievoB  that  the  said  C.  D.  is  about  to  leave  the  county. 

A.  B. 

Swrora  at ,  the day  of ,  before  me. 

E.  F.,  J.  P. 

Execution. 

County  of ,  SS. 

To  auy  of  the  constables  of  the  said  County : 
Whereas  judgment  hath   been  awarded  against  C.  D., 

of ,  at  the  suit  of  A.  B.,  for  the  sum  of and 

more  for  costs:  These  are  tliarelore  to  command 

you  to  Itivv  from  oil'  the  goods  and  chattels  of  the  said  0. 
D.,  such   suras   in;iking   together  — —  by  sale  of  such 

rds  and  clmttuls,  after  duly  advertising  the  same;  and 
vrant  thereof  you  are  hereby  required  to  take  the  body 
of  the  said  G.  O.,  :\iu\  him  commit  to  Her  Majesty's  jail, 
£w  wh«re  there  is  a  looh-up  house  or  other  place  of  con^ne- 
metd  in  any  county  nearer  the  residence  of  the  parti/  ^^  ^ 
arrested,  insert   the  name   of  it   in  place  of  the  jaU^   in 

,  the  keeper  whereof  is  required  to  take  the  said  C. 

D.  iiiLo  hU  caatudy,  and  him  safely  keep  natil  he  pay  the 


422  MAGISTRATES  IN  CIYIL  CA8B3.  [PABT  m. 

Chap.  91.  ^^^  above  mentioned,  with  your  fees  and  jailer's  fee,  or 
that  he  be  discharged  by  the  said  A.  B.  or  otherwise  by 
due  course  of  law.    Whereof  fail  not,  and  make  doe  return 

of  this  writ  with  your  doings  thereon  to  within 

days.    Witness hand  and  seal  the day  of 

,  18—. 

E.  F.,  J.  P.     (Seal.) 
G.H.,J.  P.    (Seal.) 

Subp€B7ia. 

County  of ^,  SS. 

To  J.  K.,  L.  M.,  N.  0.  and  P.  Q. 

[according  to  the  number.'] 
You  and  every  of  you  are  required  to  appear  at 


on  the day  of ,  at  the  hour  of o'clock,  in 

the noon,  to  give  evidence  on.  the  part  of  the  [plaintiff 

or  defendantj  as  the  case  may  be]  in  a  suit  now  depending 
between  A.  B.,  plaintiff,  and  C.  D.,  defendant,  and  then 
and  there  to  be  tried,  which  you  are  not  to  omit  under 
penalty   of  the   law   in   such   cases   made  and  provided. 

Dated  the day  of ,  18 — . 

E.  F.,  J.  P.     (Seal.) 

Subpoena  ticket  for  each  witness, 

{A.  B.,  plaintiff, 
and 
C.  D.,  defendant. 
J.  K.  U  required  to  give  evidence  in  this  suit,  on  the 
part  of  the  [plaintiff  or  defendantj  as  the  case  may  ht\  at 
,  on  the day  of ,  at o'clock,  in  the 


noon. 


Dated  the day  of ,  18 — . 

B.  r.,  J.  P. 
Venire. 

County  of ,  SS. 

To  any  of  the  constables  of  the  said  County : 

You  are  hereby  required  to  summon  three  persona  duly^ 
qualified  to  sit  as  jurors,  who  are  not  of  kin  to  either 

the  parties,  to  come  and  bo  present  at  ,  on  the 

day  of ,  at o^clock,  in  the noon,  to  niak» 

jury  between ,  plaintiff,  and ,  defendant. 

Dated  the day  of ,  18 — . 

E.  F.,J.  P.    (Seal.) 

RETURNS  TO  WRITS. 

To  a  summons. 

The  within  process  was  duly  served  on  the  said  0« 

on  the day  of by  me. 

0.  P.,  ooijfltablf. 


•' 


rnxB  xzn.]     luomTBATBB  ni  oini.  oases.  42£ 

If  required,  tbe  folloiring  affidavit  to  be  made  by  the  Chaf.  91. 
officer  aerviag  the  procesa :  '  " 

O.  P.  of in  the  County  of- ■ — ,  maketh  oath 

and  saitb,  that  he  did  on  the ■  day  of pereonally 

serve  the  defendant  in  the  aonezed  proceaa  named,  with  a 

true  copy  thereof,  and  at  the  same  time  acquainted  

with  tbe  contents  thereof. 

0.  P. 

Sworn  before  me  at  ~— — ,  the  — —  day  of ,  18 — . 

E.  P.,  J.  P. 

lo  a  oapiaa. 
The  within  named  defendant  waa  arrested  and  served 

vitb  a  copy  of  the  withto   proceaa  on  the  day  of 

—     ■     ,  and  was  admitted  to  bail  by  me. 

0.  P.,  constable. 

To  a  venire. 
1  bave  flnnmoDed  the  within  jurors  as  jurors  for  the 
triAl  of  the  within   oause,   namely :  O.  H.,  J.  E.,  L.    M., 
4md  N.  O. 

O.  P.,  ooDstable. 

2\)  an«xecu/£on. 
I  have  levied  the  debt  and  coats  aa  within  directed. 
0.  P.  constable. 

Sior  want  of  goods  and  chattels  whereon  to  levy,  I  have 
^*>fcoa  the  body  of  tbe  within  named  G.  D.  and  committed 
aun  to  jail  as  witbia  directed. 

0.  P.,  constable. 

X  have  levied  tbe  sum  of  -^— -»,  part  of  tbe  debt  and 
~  sts  witlitn  meutluned,  tbe  remainder  not  satisfied. 

O.  P.,  constable. 

^  could  not  fiod  any  gooda  or  chattels,  or  the  body  of 
*  said  G.  D. 

0.  P.,  ooostable. 

fftXm  TO   BE  inUINISTERED  TO    WITNESSES,  JURORS  AND 
CONSTABLES   ON  TBIALS. 

Witnesaes, 
i  evidence  you  ahall  give  to  the  coart  [or  to  the  court 
^,-ijury  aaorn]  touiiiiing  the  matter  in  queution,  shall  be 
V;>o  truth,  tbe  wholo  truth,  and  nothing  but  the  ttittb.    So 


424  magistrates  in  ciyil  ca8r8.  [pabt  m. 

Chap.  91. 

Jurors. 

You  shall  well  and  truly  try  this  cause  between  A.  B., 
plaintiff,  and  C.  D.,  defendant,  and  a  true  verdict  give 
according  to  the  evidence.     So  help  you  Ood. 

Constable  or  other  person  appointed  to  attend  jury. 

You  shall  keep  every  one  of  the  jury  sworn,  and  now 
about  to  make  up  their  verdict,  in  some  convenient  place ; 
you  shall  not  suffer  any  person  to  speak  to  them,  nor  shall 
you  speak  to  them  yourself,  except  it  be  to  ask  if  they  are 
agreed  on  their  verdict,  without  the  leave  of  the  coart 
"^      So  help  you  God. 

BaU  bond  on  capias. 

Enow  all  men  by  these  presents  that  we  [nameSf  places  of 
residence,  and  professions  or  callings  of  the  defendant  and  h$ 
hailyl  are  held  and  firmly  bound  unto  [name  of  the  plaintiff 
in  the  suit,  adding  his  place  of  residence  and  profession  or 
calling']  in  the  sum  of  [twice  the  amount  sworn  to  and  en- 
dorsed on  the  capias]  to  be  paid  to  the  said  [name  of  the 
plaintiff,]  his  certain  attorney,  executors,  administrators  or 
assigns,  for  which  payment  we  bind  ourselves,  and  every 
of  us  by  himself,  our  and  every  of  our  heirs,  executors 
and  administrators,  firmly  by  these  presents,  sealed  with 
our  seals,  and  dated  the day  of ,  18 — . 

The  condition  of  the  foregoing  obligation   is  such  that 
if  the  above  bounden  [the  defendant]  shall  appear  before 

[name  the  justice  or  justices  issuing  the  capias]  on  the 

day  of ,  [insert  the  day  appointed  for  the  trial]  to 

answer  to  the  suit  of  the  above  named  [name  the  plaintiff } 
in  the  sum  of  [here  insert  the  sum  sworn  to,]  then  the  above 
obligation  to  be  void. 

Signed,  sealed  and  delivered,  \  (Seal.) 

in  the  presence  of  >-  (Seal.) 

.         j  (Seal.) 

Affidavit  to  be  made  by  the  party  appealing. 

In  the  Court  before  [name  the  justice  or  justices  b^fiire 
xohom  the  trial  was  had,]  Justices  of  the  Peace. 

r  A.  B.,  Plaintiff, 
Between  <  and 

(  C.  D.,  Defendant. 

A.  B.,  [the  party  making  the  appeal]  of ,  in  the 

County  of ,  the  above  named  [plaintiff  or  d^endeud^ 

as  the  case  may  be,  or  if  the  party  for  whom  the  ojmeal  tt 
made  be  absent^  say  agent  for  the  above  namied  jptaiHt^ 


'»  ^ 


TITLB  XXlt.]        MAGIBTRATES  IH   CIVIL  CASES.  425 

or  defendant,  a$  the  case  may  6e,]  maketh  oafh  nnd  saith  Chap.  91. 
that  lie  is  really  dissatisfied  witli,  and  feels  aggrieved  by, 
the  judgment  given  ia   this  canse,  and   that  he  does  not 
appeal  theretrom  for  the  parpose  of  delay,  but  that  justice 
may  be  done  therein. 

To  be  signed  by  the  party 
appealing,  or  in  his  ab- 
sence, the  agent. 


Bond  to  be  given  on  appeal  being  made. 

KnoiT  all  men  by  these  presents,  that  we,  A.  B.,  C.  D., 
and  E.  F.,  [names  of  the  appellant  if  he  be  present,  or  if 
o&sen',  of  the  agent,  and  the  sureties,  with  their  places  of 
residence]  are  held  and  firmly  bound  to  G.  H.  \the  parly 
against  whom  the  appeal  ia  allotoed]  in  the  sum  of  [liouble 
the  amonnt  of  the  judgment,  d^t  and  coats,]  to  be  paid  to 
the  aaid  G.  H.,  his  certain  attorney,  executors,  administra- 
tors or  assigns,  for  which  payment  we  bind  ourselves,  and 
eyery  of  ns  by  himself,  our  and  every  of  our  heirs,  ex- 
ecutors and  admtuiatrators,  firmly  by  those  presents,  sealed 

with  our  seals,  and  dated  the day  of  ,  18 — . 

Wherens  a  certain  cause  between  the  above  bonnden 
-A.  B,  [if  the  party  appellant  be  the  principcd  in  the  bond,  or 
^  he  be  absent  then  aay  between — name  the  appelant]  and 
the  above  named  G.  H.  in  which  the  said  [name  the  appel- 
Ion*]  was  [plaintiff  or  dtfendant,  aa  the  case  may  be]  tried 
'before  [name  the  Justice  or  justices  before  whom  the  tri(U 

«eai  made]  JuHtice  of  the  Peace  for  the  County  of , 

.  OD  tbe •  day  of  - — - — ,  and  judgment  vfaa   given   in 

^iKTtiT  of  tile  said  G.  n,  for  the  sum  of ,  debt  and 

9,  and  im  appeal  therein  hath  been  demanded  on  behalf 
K&e  eaid  [name  the  party  appealing] :  Now  the  condition 
■fte  above  iibligation  ia  such  that  if  the  said  [name  the 
SanlJ  at  the   next  sitting  or  Term  of  the  Supreme 
t  fbr  tht!  Cou  nty  of  [name  the  county  in  which  the  cause 
'Hed]  siiall  duly  enter  and  prosecute  his  said  appeal, 
tall  proceed  therein  to  final  judgment,  and  shall  abide 
WittA  fulfil   the  judgment  of  the  said  Court  to  be  given 
^9ch  appeal,  or  render   the  body  of  the  appellant  and 
Vthe  costs  accrui[ig  on  the  appeal,  or  shall  previous  to 
i'firBt  dny  of  the    sitting   of  such  Court  pay  tbe  full 
ntant  of  judgmuut  in  such  cause,  together  with  all  costs 
^■qaently  accruing  thereon,  then  the  above  obligation 
_^  >  void. 
&gn»d,  sealed  and  delivered,  J  A.  B.  (Heal.) 
■q  tbe  presence  of               J-  C.  D.  (aeal.) 
.    j  E.P.  (Se»l.) 


426 
Chap.  92. 


JDBTES. 


CHAPTER  92. 


OF     JURIES. 


[PAST  UI. 


Qualifioation  <^ 
grand  jurors. 


QnaHftcation  of 
etit  juron. 


PdrsoDs  exempt- 


1.  Every  person  not  hereiDafter  exempted,  or  who  may 
not  otherwise  by  law  be  exempted,  who  shall  have  resided 
twelve  months  within  the  connty,  and  shall,  if  within  the 
Gonnty  of  Halifax,  hold  a  freehold  estate  in  snch  county  of 
the  yearly  value  of  one  hundred  and  twenty  dollars,  or  be 
possessed  of  a  personal  estate  of  the  value  of  two  thoa- 
sand  dollars,  or,  if  in  any  other  county,  hold  a  freehold 
estate  of  the  yearly  value  of  sixty  dollars,  or  be  assessed 
for  county  rates  in  respect  of  real  or  personal  property  or 
both,  of  the  value  of  one  thousand  dollars   or  opwaitb, 
shall  be  qualified  to  serve  as  a  grand  juror  for  snch  coujAj, 

2.  All  persons  not  hereinafter  exempted,  or  who  maj 
not  otherwise  by  law  be  exempted^  whether  liable  to  serve 
as  grand  jurors  or  not,  who  shall  have  resided  twelve 
mouths  within  the  county,  and  shall,  if  in  the  county  of 
Halifax,  own  property  within  the  county  to  the  value  of 
eight  hundred  dollars  or  upwards,  or  if  in  any  other 
county  be  assessed  for  real  or  personal  property  or  both, 
of  the  value  of  five  hundred  dollars  or  upwards,  shall  be 
qualified  to  serve  as  petit  jurors  for  such  county. 

edfrora    v*         ^'    '^'^^   members  of   the   Executive  and   Legislative 
oniwriM^''^^  Councils  and  of  the  House  of  Assembly,  and  the  offi-^ers 
thereof  while  in  session,  the  clerks  employed  in  the  offices 
of  the  Provincial  Secretary,  Treasurer,  Attorney-General, 
Commissioner  of  Public  Works  and  Mines,  and  Goramis> 
sioner  of  Crown  Lands,  Judges  and  Registrars  of  Probate, 
the  Superintendent  of  Education  and  the  clerk  in  his  office, 
resident  officers  and  other  employes  of  the  -Nova  Scotia 
Hospital  for  the  Insane  while  actually  engaged  as  such, 
Begistrars  of  Deeds,  officers  of   Her  Majesty's   Coarta, 
Justices  of  the  Peace,  members  of  the  Corporations  of  the 
City  of  Halifax  and  towns  of  Dartmouth  and  Piotoa,  the 
officers  composing  the  staff  of  the  army,  the  clerks  belong' 
ing  to  the  several  departments  of  the  army,  the  offioera 
and  clerks  belonging  to  and  laborers  employed  in  the  Naval 
Yard,  naval  hospital  establishment,  the  victualling  estab- 
lishment, and  Her  Majesty's  Ordnance,  or  the  departmeoti 
of  the  Customs,  and  Excise,  and  Post  Office,  and  provinoial 
railroad ;  ministers,  attorneys,  physicians,  surgeons,  kao|^ 
ers  of  light  houses,  licensed  ferrymen,  teachers  of  acadt^ 
mies,  licensed  schoolmasters,  mail  couriers,  engine  nuenaad 
firemen,  sworn  electric  telegraph  operators,  persons  andor 
twenty-one  and  above  sixty  years  of  age,  and  the  cashiera  or 
acconntanta  and  tellers  actually  employed  in  the  aevenl 


TILS  IXn.]  JOBTBS.  427 

antes,  ehall  be  exempted  from  serring  on  juries ;  and  no  Chip.  92. 
>erson  shal)  be  liable  to  serve  on  grand  or  petit  jaries  more  jon», onij  lu- 
ban  oQce  in  three  years  reBpectively,  unless  in  cases  where  ^"Jif!'™  "** 
.  new  aummons  sball   be  issued   for  jurors  to  supply  the  ^"^ 

ilace  of  jurors  not  attending  as  hereinafter  directed. 

4.  The  seesioDS  shall  once  in  every  alternate  year  from  coTnTnitMatora- 
mong  their  number  appoint  a  committee  of  not  less  than  '^'"^ 
hree  justices,  resident  in  different  seotions  of  the  county 
ir  district,  for  the  purpose  of  preparing  and  revising  the 
[rand  and  petit  jury  lists  of  the  county  or  district,  and 
ihall  irom  time  to  time  appoint  others  to  aot  in  the  room  ot 
mch  88  may  die  or  be  removed. 

6.    The  committee,  having  been  sworn,  shall  have  free  DfltrotntMag 
tocess  to  all  public  papers  and  accounts,  and  shall  prepare 
u)d  revise  the  lists,  and  shall  transmit  copies  thereof  to 
ibs  Prothonotary. 

6.  The  (leneml  Sessions  for  the  County  of  Halifax  f^t*»^ji 
sball,  iu  addition  to  the  committee  of  justices  to  prepare  anut;. 
lists  of  grand  aod  petit  jurors,  appoint  biennially  a  com- 
uittee  to  pre|iare  and  revise  a  list  of  not  less  than  two 
hundred  special  jurors,  well  qualified  toactas  special  jurors 
in  the  Supreme  Court  st  Haltftix  ;  and  the  names  of  such 
jorors  shall  be  placed  in  a  separate  box  in  the  usual  man- 
ner, and  all  special  juries  ordered  by  the  Court  shall  be 
dnwQ  therefrom. 

T.    Except   as   hereinafter  otherwise   provided,    every  p>»">tJaor»- 
touoty  or  sessional  district  where  a  county  is  divided  intouto'i^d^ 
diitrictB,  shall  continued  to  be  divided  into  eight  sectioBs'"'"  •"'^'^ 
kmBged  by  the  court  of  general  sessions  ;  such  sections  to 
cODlun,  as  nearly  as  possible,  an  equal  amount  of  popula- 
tioo;  and  the  committtie  appointed  by  such  sessions  shall 
tttorn  separate  listii  of  the  persons  <|nalifi3d  to  serve  as 
psndjurors,*    ■ 

8.  The  lists  shall  be  valid  if  a  majority  of  the  justices  uitaj^att 
^ipointed  sbiill  act  in  tho  compilation  or  return  thereof.      MinmiH»*«t. 

9.  The  list  uf  grand  jurorsehallcootain  all  the  Christian  i-i^o't^B^ 
Ones,  or  fiae  or  more  of  the  initials  thereof,  and  the  eur- uId nimai. ad. 
DBtaSB,  of  all  those  qualified  to  serve  as  grand  jurors,  their ''''^"■' **■ 
T^uxB  ot  residence,  ti-adas,  callings  or  employments,  and 

whether  aeoiur  or  junior,  orany  other  appellation  by  which 
tlieymay  be  usually  culled  or  known. 

10.  The  list  of  petit  jurors  shall  containall  thp  Christian  iMMoia^t 
Baatea,  or  one  or  more  of  the  initials  thereof,  and  the  enr- |f,J^|^     '"^ 
uines,  of  all  those  qualified  to  serve  either  as  grand  or 

petit  jurors,  their  pluces  of  residence,  trades,  catlings  or 
CUpfoyments,  and  wlietliar  senior  or  junior,  ur  any  other 
Ippellation  by  which  tliey  may  be  usnally  called  or  known. 

11.  When  the  list  of  jurors  shall. have  been  completed  ggjjjj^ 
iij  UucemmiUoe,  a  oopy  alphabetically  arranged  mail  be  sdi  notio  to  iw 


428 


JURIES. 


[part  m. 


Chap.  92. 

ffiven  thereon, 
«o.;erri>nior 
omiMtonB  in. 


Oonreoted  li«ts 
fnmialied  to 
prothonotar^, 
effect  of  onus- 
•ions,  Ac. 


Lists  of  persons 
to  be  strack  off 
or  added. 


Lists  to  be  post- 
ed in  prothoDo- 
tary's  office; 
nitmeri  drawn  to 
be  marked. 


Remnneration 
to  committee 
revising  lista. 


Improperly  in- 
•erUngor 
omitting  names 
in  lists,  Ac. 


When  jurors 
not  drawn  for 
current  year. 


given  by  them  to  the  Clerk  of  the  Peace,  and  another  copj 
'  to  the  Prothonotary,  who  shall  forthwith  thereafter  post 
up  a  copy  of  such  list  in  their  officer,  respectively,  and  keep 
the  same  posted  up  for  at  least  one  month ;  and  snch  com- 
mittee, or  a  majority  thereof,  shall  meet  in  the  county  or 
district  court  house,  within  two  months  from  the  last  day  of 
the  sessions  at  which  they  were  appointed,  to  revise  sach 
lists — a  notice  of  the  time  of  holding  such  meeting  to  be 
given  on  such  lists  so  posted  up — and  shall  hear  and  decide 
upon  objections  to  the  correctness  of  such  lists,  either  as 
to  names  appearing  thereofi;  or  as  to  names  omitted  there- 
from. 

12.  The  committee  shall  thereupon  forthwith  furniflh 
the  Prothonotary  with  a  copy  of  such  lists  so  corrected  and 
signed  by  them,  and  the  lists  shall  be  held  valid,  notwitk- 
standing  the  omission  of  persons  qualified  or  the  insertion 
of  the  names  of  persons  not  qualified  as  grand  or  petit 
jurors,  respectively. 

13.  The  justices,  in  hereafter  revising  the  jury  liste, 
shall  make  a  list  of  the  names  of  those  wbo^  by  reason  of 
death  or  exemption,  are  to  be  struck  out  of  the  jury  lists 
heretofore  returned;  and  also  a  list  of  the  names  to  be 
added  to  such  lists,  and  the  same  upon  being  duly  returned 
shall  be  struck  out  and  added  accordingly ;  and  the  same 
shall  be  considered  a  full  revising  of  euch  jury  lists ;  but 
the  sessions  or  a  judge  of  the  Supreme  Court  may,  at  any 
time  it  shall  be  deemed  advisable,  direct  the  revising  com- 
mittee to  make  out  and  return  full  and  fresh  lists  of  jurors. 

14.  The  list  of  jurors  shall  be  kept  posted  up  in  the 
Prothonotary's  office ;  and,  when  the  juries  are  drawn  to 
serve  for  each  year,  the  Prothonotary  shall  mark  opposite 
to  the  name  of  each  person  the  year  he  was  drawn  to  serve, 
and  whether  as  a  grand  or  petit  juror. 

15.  The  grand  jury,  in  general  sessions,  shall  vote 
annually  a  compensation  of  one  dollar  and  fifty  cents  to 
each  of  the  committee  of  justices  who  revise  the  lists  as 
aforesaid,  with  travelling  foes  at  the  rate  of  five  cents  per 
mile  coming  and  returning ;  and  ten  cents  per  folio  per 
copies  of  the  lists  furnished  by  them. 

16.  Any  justice  appointed  to  revise  such  lists,  who 
shall  knowingly  put  any  person  thereon  who  is  not  quali- 
fied, or  omit  any  person  who  is  qualified,  or  who  shall 
wilfully  neglect  his  duty  in  any  other  respect,  shall  be 
liable  to  a  penalty  of  not  less  than  forty  nor  more-  than 
two  hundred  dollars. 

17.  In  any  county  or  district  where  grand  or  petH 
jurors  have  not  been  drawn  for  the  current  year,  a  specisd 
sessions  m.\y  appoint  a  committee  of  justices  to  reviae  the 
lists  of  jurorS|  and  after  the  same  are  revised  ia  manoer 


ITLE  XXn.]  JDRIB9.  429 

lirected  by  this  Chapter,  and  retaroed  by  the  committee  Chap.  92. 

o  the  ProtUonotary,  he,  together  with  the  Sheriff  or  his  

leputy.  shall  forthwith  draw  a  jury  or  juries,  as  miiy  be 
aqnired.  and  tha  Protlionotary  ah^ll  is^ue  venires  for  sam- 
nooiag  the  same ;  and  auch  lists  need  not  be  drawn  in 
>pen  court,  or  sigael  by  a  judge  of  thu  Supreme  Court. 

18.  Revised  lista  ot  grand  and  petit  jurors,  hereafter  FormofrBiiKd 
lo  be    prepared,  ahall   be   in  the    form  of  the   Schedule  "'''' 
iereto  annexed. 

19.  The  deatgnationa  of  juroraflhall  hereafter  be  written  DMignaUonoi 
ipon  the  tickets  contaiuing  their,  names,  and  also  upon  the  {^"I^u^ 
everal  panels  and  centre*,  in  the  same  way  as  thay  are  "'^>'o".*i 
ipoQ  the  revised  lists. 

20.  The  committee  of  justices  to  revise  the  lists  shall  mlii^li™ 
le  chosen  biennually,  but  aball  cuntiuue  in  office  until  biciminiir,  dn- 
heir  successore  are  appointed.  " '™ 

21.  The  committee  appointed  for  the  County  of  Halifax  ^'""If*^,, 
hall  also  prepare  and  annually  reviaealietof  those  perauDS  irrKwiani, 
lot  qaalined  to  serve  as  grand  or  petit  jurors,  and  shall  '""P"'*'^- 
'Otnrn  such  list,  alphabetically  arranged,  to  tlie  Clerk  of 

he  Peace,  which  list  shall  be  the  list  from  which  the  petit 
aries  for  the  Sessions  at  Halifax  dliall  be  drawn  ;  and  such 
Mtit  juries  shall  be  drawn,  summoned  and  sworn  in  the 
<ame  manner,  and  subject  to  the  same  rules  and  peualties 
IB  petit  juriea  in  the  Supreme  Court. 

22.  The  inhabitanta  residing  within  the  District  of  Saint  tiahmtvof  pm- 
Uary'a  shall  alone  be  liable  to  attend  as  jurors  at  the  sea-  ui^adinriot 
W>D8  held  in  the  district,  and  they  shall  not  be  liable  tu  ^^d7i^. 
tttend  as  jnrora  at  tbo  sessions  held  at  Guysborough ;   but 

nothing  in  this  section  shall  be  construed  to  exempt  such 
persons  )rom  their  liability  to  attend  as  jurors  at  the 
Sopreme  Court  at  Guyaborough. 

23.  Tlie  Clerk  of  Elio  Peace  for  the   District  of  Saint  B.fnt  Ksry's 
Huy's  shall  draw  from   tlm   list  a  grand  jury  on  the  last  Kh™S?wn 
fliy  of  the  sittings  or  term  cf  the  sea^ions,  to  be  summoned  '*"»>™™"r 
toittend  the  next  term  or  xittings  of  the  court. 

M,    Tlio   Prothouotary,  ua  soon  as   possible  after  the  '^'j™'Ji'ff"'' 
ntoro  of  such  Hats,  sliall   have  the  names  of  all  persons  '011^^1!^'^ 
Mntioned  therein  written  en  distinct  and  separate  pieces  JlT's^^u'' 
of  paper,  bo  folded   aa  to  conceal  the  names  thereon,  and  ""*"■ 
ibatl  place  the  same  in  sopiLrate  boxes ;  tiiose  names  placed 
Otihe  grand  jury  list  buing  put  into  the  grand  jury  box, 
mi  those  ou  tlie  pi^tit  jury  list  into  the  petit  jury  box  ;  and.computnMmta, 
tlie  i'rothonotary  ahall  place  the  names  of  the  grand  jurors  *°' 
ID  the  grand  jury  box  in  eight  compartments,   each  com- 
partment to  contain  the   n^^mes  of  the  jurors  tor  one  ol  - 
Ibe  sectioUB  mentioned  in  section  seven  of  this  Chapter, 

25.     During  the  sitting  of  the  Court  on  the  last  term  in  ^'*°4^'7> 
^cbjr^r,  the  Prothonotary  associated  ,with  tno  justiceH  »^s>oaZ  " 


430 


JUBIES. 


[part  in. 


Chap.  92. 


Umnd  jary  for 
OuysbOTOugh 
setMions,  how 
drawn,  Ac. 


Foremmof 
fmxnd  jury,  how 
(M^ioeeo. 


Petit  jurors, 
how  drmwn  and 
Munimoned. 


appoiDted  by  the  Judge  shall  draw  from  the  grand  jnry 
box  in  open  Court,  and  before  drawing  the  petit  jury,  the 
names  of  the  number  of  grand  jurors  that  may  require  to 
be  drawn  under  the  present  law  to  make  up  the  number  of 
twenty-four  for  the  ensuing  year ;  such  names  to  be  drawn 
from  each  of  the  eight  compartments  in  turn.    Eight  of 
the  grand  jurors  so  drawn  shall  always  continue  in  office 
for  two  years,  and  shall  consist  of  those  whose  names  shall 
be  first  drawn  from  the  grand  jury  box  in  each  yoar.    The 
Prothonotary,  at  the  close  of  the  drawing,  shall   make  a 
list  of  the  names  of  such  grand  jurors  as  shall  be  serving 
for  a  second  year,  together  with  such  names  as  shall  first  be 
drawn,  setting  aside  the  names  of  those  who  have  served 
within  two  years  then  next  preceding,  which  list  shall  iw 
signed  by  the  presiding  judge  ;  and  the  Prothonotary  shall 
issue  writs  of  vsnire  facids  for  the  summoning  of  such 
jurors,  and  shall  deliver  the  same  to  the  Sheriff  at  least 
twenty  days  before  the  first  term  or  sittings  of  the  Supreme 
Court  or  general  sessions  at  which  such  gmnd  jury  shall  be 
bound   to  attend ;  and  the  Sheriff  shall  thereupon  caoae 
such  jurors  to  be  summoned  at  least  four  days  before  the 
time  appointed  for  their  attendance.     Provided  that  in  any 
county  where  the  same  person  holds  the  offices  of  Protbo 
notary  and  Clerk  of  the  Peace  the  names  of  grand  (and 

Eetit)  jurors  shall  be  drawn  from  the  box  by  the  Sheriff  or 
is  deputy  associated  with  two  justices  as  aforesaid. 

26.  The  Prothonotary  for  the  County  of  OuysboroQgb, 
immediately  after  drawing  the  grand  jury  for  the  Supreme 
Court,  shall  draw  in  the  usual  mode  from  the  compartments  of 
the  grand  jury  box  allotted  to  those  portions  of  the  County 
not  included  in  the  District  of  Saint  Mary's,  a  grand  jury 
to  attend  at  the  sessions  in  Guysborough,  who  shall  be  sum- 
moned in  the  usual  manner,  and  shall  return  the  names  of 
such  grand  jury  into  the  box ;  such  drawing  shall   not 
exempt  them  from  serving  as  grand  jurors  at  the  Supreme 
Court,  but  they  shall  not  be  liable  to  serve  as  jurors  at  the 
sessions  oftener  than  once  in  three  years. 

27.  When  above  twelve  of  the  grand  jury  shall  assem- 
ble in  court  for  the  first  time  in  each  term,  they  shall  ohoose 
a  foreman,  who  shall  be  foreman  of  such  jury  for  the  term ; 
and  such  foreman  and  jury  shall  be  sworn  in  the  uaoal 
manner. 

28.  At  each  term  of  tho  Supreme  Court  the  Protbono- 
tary,  or  Hn  case  the  same  person  is  both  Clerk  of  the  Peace 
and  Protuonotary)  the  Sheriff  or  Deputy  Sheriff,  assooiated 
with  two  justices  appointed  by  the  Judge,  shall,  in  open 
Court,  draw  from  the  petit  jury  box  a  number  of  names  to 
form  the  panel  of  petit  jurors  for  the  ensuing  term ;  and, 
setting  aside  the  names  of  all  those  who  shall  have  eenred 


I 


TITLB  XZIL]  JCBIBS.  431 

eitber  m  grand  or  petit  jarors  within  two  years  then  next  Chap,  92. 

preceding,  or  who  sbaU  then  be  serving  or  drawn  as  grand 

jaroTS,  shall  prepare  n  list  containing  the  names  ot  those 
first  drawn,  and  hare  the  same  signed  by  the  presiding 
judge,  and  ehnll  iesae  writs  of  ventre  /adaa  for  the  sum- 
moning thereof,  and  deliver  the  same  to  the  Sheriffat  least 
twenty  days  before  the  ensning  term;  ai^  the  Sheriff  shall 
caaae  aach  jarors  to  be  samrooaed  at  least  foar  days  be- 
fore the  time  appointed  for  their  attendance. 

29,  The  associated  justices  may,  in  their  discretion,  be-  5'*^'*, '"J 
fore  proceeding  to  draw  any  jury,  require  the  Prothonotary 

in  their  presence  to  examine  and  compare  the  slips  in  the 
jnry  boxes  with  the  list  in  his  possession, 

30.  In  case  of  the  illness  or  absence  of  the  Jndge,  or  if  FnTbion  tor 
>irii)g  to  omission  or  mistake,  or  from  any  other  canse  iIT^'^i^Ium. 
whatever,  it  shoald  happen  that  a  grand  or  petit  jury 

ihonid  not  bs  drawn  and  lists  be  signed,  as  provided  in 
■actions  25  and  28,  then  and  to  such  case  it  shall  be  lawful 
for  the  Prothonotary,  associated  with  two  justices  appoint- 
ed by  the  Cnakos,  at  any  time  within  two  weeks  next  alter 
the  time  fixed  by  law  for  the  opening  of  the  term  or  sit- 
ting, to  draw  such  grand  or  petit  jury,  and  the  Gustos  shall 
then  sign  the  lists;  and  the  s»me  shall  thereupon  be  as 
v^id  in  all  respects  as  if  such  lists  had  been  drawn  in  open 
coort  and  signed  by  a  jodge  ;  and  the  Prothonotary  shall 
iseiie  the  usual  writs  of  venire  requiring  the  Sheriff  to 
Bammon  snch  inrors  so  drawn  :  provided  that,  if  the  Pro- 
thonotary be  aiflqualified  as  mentioned  in  such  sections, 
the  names  of  the  jurors  shall  be  drawn  by  the  Sheriff  or 
Iris  depaty, 

8\.    When  twelve  do  not   concur,  a  majority  of  two- '""frthirf* trf 
thirds  of  the  grsind  jurors  present  at  any  general  sessions  m«kf  pSStB"*^ 
of  the  peace  shull  huve  power  to  make  presentments  and"™"' 
transact  all  other  courjty  business  ;  provided  that  no  grand  Pro»i»o, 
jnty  shall  be  composed  of  lees  than  thirteen  members. 

32,  In  any  civil  c.^use,  information,  or  indictment ^^i^"*' 
fur  a  miademonnor,  ttiB  Court,  upon  motion,  may  order  upon  motioa. 
I  special  jury  for  the  trial  thereof  upon  sufficient  canse 
ihewn  on  affidavit;  find  the  Court  may  order  a  special 
firj  for  the  an'ses^mont  of  damages  upon  similar  motion 
ID  cases  whore  Iho  n^scsament  is  to  be  made  before  them, 
nd  the  Judge  mfiy,  nt  the  final  taxation  of  coats,  order 
vlticb  party  shnll  pay  the  cost  of  such  special  juries,  incln- 
ding  the  costs  of  tnivcl  of  such  jurors. 

3S.     When  special  juries  are  ordered  the  Prothonotary  ^"ijiJoti™. 
ihall  draw  thirty-sis  namas  from  the  petit  jury  box  in  „ivil    '     "' 
Cues,  and  forty-eight  in  cases  ot  information  or  indictment 
tor  misdemeanor,  setting  aside  the  names  of  any  persons 
liien  aerving  as  grand  jurors ;  and  the  nninber  having  been 


432 


JUBIES. 


[part  ni. 


Chap.  92. 


Pro\-i80. 


Petit  jaries; 
IMUiela  of. 


Petit  juries  for 
sittings  at  Hali- 
fax. 


Second  panel  for 
Halifax  sittings, 
bow  drawn, 
summoned,  fto. 


Extra  panel  of 
jurors  for  Hali* 
fax. 


What  counties 
to  have  each  two 
panels  at  theur 
long  terms  re- 
spectively. 


reduced  to  oighteen  in  civil  cases,  and  to  twenty-fonr  io 
cases  of  information  or  indictment,  in  the  nsual  manner, 
thej  shall  be  summoned  at  least  forty-eight  hours  before 
the  time  appointed  for  their  attendance:  Provided  that 
nothing  in  this  section  shall  be  constrned  to  conflict  with 
the  provisions  of  section  6  as  to  the  County  of  Halifax. 

34.  There  shay  be  returned  a  panel  of  twenty-four  petit 
jurors  to  each  short  term  in  the  county,  and  two  panels  of 
twenty-four  petit  jurors  each,  to  each  extended  term  io 
those  counties  where  the  term  can  be  so  extended.  In 
Halifax  the  panel  shall  consist  of  thirty-six  jurors. 

35.  There  shall  be  two  panels  of  jurors  drawn  and  sum- 
moned for  each  sittings  at  Halifax,  the  first  whereof  shall 
be  summoned  for  and  bound  to  attend  on  the  fir^t  Wednes- 
day of  suchsittings^aud  thence  until  the  second  Wednesday 
thereof,  and  the  other  shall  be  summoned  for  and  bound  to 
attend  on  the  second  Wednesday  thereof,  and  thence  antil 
the  termination  of  the  sittings,  except  at  the  Michaelmas 
Sittings,  when  the  first  panel  shall  again  attend  on  the 
third  Wednesday  for  a  week ;  and  the  respj^ctive  panels 
shall  so  continue  to  attend  by  alternate  weeks  until  the 
termination  of  the  sittings. 

36.  At  each  term  of  the  Supreme  Court  at  Halifax,  the 
Prothonotary  in  open  court,  in  addition  to  drawing  the 
number  of  names  as  by  the  last  section  is  directed  to  form 
the  ordinary  panel  of  petit  jurors,  sliall  also  draw  from  the 
petit  jury  box  a  number  of  names  to  form  a  second  panel 
of  thirty-six  petit  jurors,  for  the  trial  of  criminal  causes  at 
the  then  ensuing  sittings,  and  the  same  course  shall  be 
pursued  in  preparing  and  signing  the  lists  thereof,  and  in 
issuing  and  delivering  writs  of  venire  facias  therefor,  and 
in  summoning  such  jurors,  as  is  directed  with  respect  to 
the  first  mentioned  panel  of  petit  jurors  in  and  by  the 
next  preceding  section.  All  jurors  required  to  attend  such 
sittings  shall  be  subject  to  the  penalties  for  non-attendance 
by  this  Chapter  established. 

37.  The  judges  shall  have  power  to  direct  that  an  extra 
panel  of  petit  jurors  shall  be  drawn  at  any  sittings  in  Ha- 
lifax before  a  judge  in  open  court,  in  the  manner  herein- 
before appointed,  who  shall  be  summoned  for  and  boand  to 
attend  at  such  time  and  for  such  period  as  shall  be  pre- 
scribed in  the  order  therefor,  and  who  shall  be  subject  to 
the  same  fines  for  non-attendance,  and  be  entitled  to  the 
like  immunities  and  to  the  same  fees  and  compensation  as 
are  provided  in  respect  of  other  petit  jurors;  and  aach 
extra  jurors  shall  be  competent  to  try  both  civil  aDdcrtmi- 
nal  causes  under  the  direction  of  the  judges. 

38.  There  shall  be  two  panels  of  jurors  drawn  and  saoh 
moned  for  those  counties  in  which  the  term  extends  beyond 


muE  xxn.]  josssa.  433 

one    week,   except    the    Connties  of     Antigooidfae    and  Chap.  92. 

Qoeens;  the  first  of  which  panels  shall  be  Bnmmoned  for  — ' 

•od  boand  to  attend  oo  Uib  first  day  of  the  term  and 
tbeace  uatil  the  succeeding  Moaday,  and  the  other  shall 
be  Btimmoned  for  and  bound  to  attend  on  the  first  Monday 
of  SDch  term,  and  thence  until  the  termination  of  the  sit- 
tiDga,  except  in  the  County  of  Pictou,  where  the  first  panel 
^m1  be  Bummoned  for  and  bound  to  attend  on  the  first  day 
of  the  Certs  and  thence  until  the  aucceoding  Thursday,  for 
which  day  the  second  panel  shall  be  summoned  and  bound 
to  stteud  thence  until  the  termination  of  the  sittings. 

89.     A  jory  impannelled  for  the  trial  of  a  caase  which  Jj^J^pj^ 


shall  go  over  the  time  specified  for  the  attendance  of  snchiwdii 
jury,  shall  not  on  that  account  be  discharged. 

40.  The  whole  panel  of  jurors  shall  be  called  on  the^Jj^^'j^ 
first  day  on  ^hich  they  are  bound  to  attend,  and  before  diy,  kbHnt 
any  cause  to  be  triad  by  a  jury  ahait  be  proceeded  in ;  and '""" 

«II  jurors  Dot  then  in  attendance  shall  be  fined. 

41.  When  the  second  panel  shall  notliave  heeu  called  S;!!;^*iJ^'j4 
upon  to  serve  as  a  jury,  their  names  shall  be  returned  into  "J|"^'>*i  ■"><>* 
the  boxes  as  if  not  drawn.  ^' 

42.  If  a  sufficient  number  of  grand  or  petit  jurors  do  J^JJ^jiy^j; 
Bot  attend,  or  if  it  is  probable  that  a  Bufficieut  number  may  ^  "'"^'TSa^ 
twt  attend,  the  names  of  tliose  who  do  not  attend  shall  be  tmmmraed 
returned  to  the  box  as  if  they  had  not  been  drawn,  and  the'""'"'^' 
Prothonotary  shall  draw  the  names  of  others  liable  to  serve, 

wd  shall  cause  the  ShariS*  immediately  to  summon  those 
whose  oames  have  been  so  drawn  to  attend  forthwith. 

43.  Any  grand  juror  who,  having  been  duly  summoned,  o^ii^^. 
•ball  not  attend,  shall  be  fined  not  less  than  two  nor  more  ■induce. 
tbao  eight  dollars  for  each  day's  neglect. 

44.  Any  petit  or  special  juror  wlio  shall  not  answer  to  ^'j^.***'^ 
jgm  name  when  oalied,  and  by  the  affidavit  of  the  Sheriff 

jVlKalt. appear  to  have  been  duly  summoned,  shall  forfeit  his 
day's  pay,  and  for  each  day's  absence  shall  pay  a  fine  of 
two  dollars. 

45.  All  tines  for  non-attendance  of  jurors  shall  be  levied  rt^^iSS^ha 
by  warrant  ol  distress;  such  warrant  shall  be  made  oot"'J^'»o' 
asd  delivered  by  tlio  Prothonotary  to  the  Sheriff  immedi-*" 

ately  after  the  cdlliiig  of  the  jury  each  day,  or  at  such 
other  time  as  the  Court  may  order;  and  the  Sheriff  shall 
proceed  at  once  to  onforce  the  same,  and  shall  forthwith 
return  to  the  Protlioiiotary  a  statement  of  all  fines  received 
by  him,  which  statemept  shall  also  set  forth  the  reasons 
why  soch  fiues,  if  iiiiy,  have  nut  been  collected;  and  the 
Sheriff  shall  at  Che  same  time  pay  over  to  the  Prothonotary 
the  full  amount  by  him  received,  deducting  five  pur  cent., 
and  the  Prothonotary  shall  immediately  lay  such  statanent 
before  the  Court,  if  then  sitting,  or  otherwise  at  the  next 
27 


434  JURIES.  [PAST  m. 

Chap.  92.   term  thereof  in  the  county ;  and  he  shall  also  at  the  end 

of  each  term   pay  over  the  amount  of  fines   collected, 

deducting  five  per  cent,  to  the  County  Treasurer  for  county 
purposes,  and  shall  take  his  receipt  therefor,  which  shall 
De  laid  before  the  Court  at  its  next  sitting. 
jurorB.namber  4g^  Everv  petit  or  spocial  lury  for  the  trial  of  civil 
causes,  inquisitions  and  issues,  bastardy  cases,  appeals, 
and  certiorari,  shall  consist  of  nine  persons,  of  whom 
seven,  after  at  least  four  hours  deliberation,  may  return  a 
verdict ;  and  the  petit  jury  for  criminal  trials,  except  as 
hereinbefore  stated,  shall  consist  of  twelve  persons. 

deOTiJled^f  toJSr     ^^'    '^^^^  practice  of  keeping  a  jury  without  meat,  drink, 
Ac-  '  or  any  other  comfort  until  they  agree  upon  their  verdict, 

is  abolished, 
p^yof  jurors.        4g.    Each  petit  and  special  juror  and  talesman  shall  be 
entitled  to  receive  and  be  paid  the  sum  of  one  dollar  per 
day,  and  each  grand  juror  fifty  cents,  for  his  actual  attend- 
ance as  a  juror  at  the  Supreme  Court,  and  every  grand, 
petit  and  special  juror,  also  ten  cents  per  mile  for  every 
mile  he  shall  necessarily  travel  from  his  place  of  residence 
to  the  court  house  ;  such  actual  attendance  and  distance  to 
be  ascertained  by  the  oath  of  the  juror. 
l^wJSSr  ^     ^^'    "^'^^  Prothonotary  in  each  county  shall,  on  the  lasC 
wifftESrat-     day  of  the  sitting  of  the  Supreme  Court  in  each  term,  an<L 
tSJlSi?U)"^     of  the  sittings  of  such  Court  in  Halifax,  and,  also,  at  the^ 
ry^?uSdi!*' **""'  ©°^  ^f  ^'^®  fi^^**  week  of  the  sittings  in  those  counties  where 
the  sittings  can  be  extended,  prepare  and  certify  a  list  of 
the  jurors  who  actually  attended  such  Court,  with  the 
number  of  days  attendance,  and  the  actual  travel  of  each 
juror  respectively,  and  the  amount  to  which  each  juror  is 
entitled,  and  shall  deliver  such  list  to  the  presiding  judge, 
who  shall  certify  the  same  ;  and  the  Treasurer  shall  forth- 
with thereupon  pay,  out  of  the  county  funds,  to  each  juror, 
the  amount  which  such  juror  appears  entitled  to  receive 
upon  such  list. 
Fundtoberaiaed     50.    To  provido  a  fund  toward.s  the  payment  of  jurors 
''  ^'  under  this  Chapter,  the  following  fees  shall  be  paid  by 

plaintifi's  to  the  Prothonotary,  and  by  him  into  the  county 
treasury,  viz. :  on  the  issuing  of  writ  of  mesne  process, 
except  in  summary  and  subsummary  suits,  one  dollar,  and 
on  the  swearing  of  every  jury,  six  dollars  ;  the  above  fees 
to  be  taxed  and  allowed,  and  included  in  the  costs  iD  the 
cause. 
itr^Snd*^  re-       51,    The  County  Treasurer  shall  keep  an  account  of  all 
iiientii.  °  ^^'   receipts  and  payments  under  the  two  last  sections,  such 
account  to  be  laid   before   the   sessions  with   bis  other 
accounts. 
^evSTfiim'toli,     52.    The  Court  or  presiding  judge  may  relieve  any 
juror  from  a   fine,  in    whole   or   in  part,  on   euffieieot 


TITLE  XXn.]  JURIES.  435 

reason  being  shewn  on  oath,  which  oath,  if  in  writing,  may  Obap.  92. 
be  made  before  a  justice  of  the  peace. 

53.  In  c&se  of  the  illnesa  of  a  juror,  after  he  sliall  have  pi 
been  sworn  in  any  civil  cause,  it  shall  be  in  the  discretion  " 
of  thepresidiog  judge  to  allow  the  cause  to  prooeed  with* 
oat  him ;  and  the  verdict  shall  be  valid,  provided  seven  of 
the  remaining  jurors  shall  concur  therein. 

54.  The  Court  or  presiding  judge  may  amend  the  Hsts  *™<'?*™"'' 
of  jurors  by  striking  out  the  names  of  persons  not  liable  to  rmd- 
serve,  or  inserting  the  true  name  or  addition  of  any  person 
therein  improperly  designated  or  described,  or  by  adding 

the  name  of  any  qualified  person  brought  to  their  know- 
ledge ;  and  the  Prothonotary  shall  keep  a  memorandum  of 
all  such  amendments,  and  annually  return  the  same  to  the 
Clerk  of  the  Peace,  to  be  laid  before  the  revising  jastices. 

55.  The  Prothonotary  shall  cause  the  names  of  thejj^^^;^ 
special  jurors  to  be  written  on  distinct  and  similar  pieces  <:*''»i  ■■  "i^- 
of  paper,  and  having  folded   the  same  so  as  to  conceal  the 

Dames,  and  placed  them  in  a  box,  shall  proceed  to  draw  the 
jary  therefrom,  and  the  nine  or  twelve,  in  civil  or  criminal 
cases  respectively,  whose  names  shall  be  £rst  drawn,  and 
who  shall  be  in  attendance,  shall  be  the  jury  for  the  trial 
of  the  cause  or  assessment  of  damages. 

56.  The  Prothonotary  shall  cause  the  names  of  the  petit  SIwdmS!;^ 
jarors  to  be  written  on  distinct  and  similar  pieces  of  paper,  "b"^- 

and  having  folded  the  same  so  as  to  conceal  the  names,  and 
placed  them  in  a  box,  shall,  on  the  first  cause  being  called, 
proceed  to  draw  the  jury  (herefrom,  and  the  nine  or  twelve 
in  civil  or  criminal  cases  respectively,  whose  names  shall 
be  first  drawn,  and  who  shall  be  in  attendance,  and  shall 
Dot  be  challenged,  shall  bo  the  jury  for  the  trial  of  the 
OBDse ;  and  when  another  cause  shall  be  called,  the  Protho- 
notary having  returned  into  the  box  the  names  of  those 
who  have  been  challenged,  or  who  have  not  appeared, 
ebail  proceed  to  draw  the  jury  therefrom  until  all  the 
Barnes  have  been  drawn,  when  the  names  of  sadh  as  have 
served  on  previous  juries  sliaU  be  returned  to  the  box.  to 
be  drawn  in  like  m^mner. 

57.  When  a  full  jury   shall  not  appear,  or  *PP®*"''"ff'^!li5^S^ 
iWl  be  challenged,  cr  otherwise  prove  deficient,  a  tales  de^!t(^ 
ciraanstanlibus,  may,  at  the  instance  of  either  party  in  civil 

.nsses,  be  awarded  iind  returned  immediately. 

^S.     In  all  civil   ciusos  either  party  may  peremptorily  JJj^^*"]*"^- 
oitalleuge,  if  in  Halifax  four,  if  in  any  other  county  throe,  i""™*. 
of  the  jurors  or  talesmen. 

59.     The  general  sessions  in  every  county  whore  the^™"!^^' 
Supreme  Court  sitaonly  in  the  shire  town  and  which  ia  J^S^di'SS^Sii. 
divided  into  districts  and  has  a  court  of  sessions  for  each  dutrictiatoroar 
(hstrict  shall,  where  snch  division  has  not  already  been 


436 


JUBIES. 


[part  id. 


Chap.  92. 


The  oommittee 
of  aeanons  shall 
rotum  separate 
lUto  of  qualified 
penoosfor 
grand  jaron. 


Vames  of  grand 
jorarstobe 
plaoed  in  box 
with  8  oomport- 
menta,  9cc 


Grand  jurors, 
how  drawn  for 
sessions. 


Bight  of  such 
jurors  to  be  in 
oflkse  for  two 
years. 

After  first  panel, 
only  sixteen 
names  drawn 
annually. 


Duties  of  pro- 
thonotary 
performed  by 
derk  of  peace 
in  certain 


cases. 


Oath  of  grand 
jurors. 


Vot  to  conflict 
with  Canada 
law. 


made,  at  their  first  sitting,  proceed  to  divide  each  of  such 
districts  into  toar  sections,  instead  of  eight  flections  as  at 
present,  such  four  sections  to  contain  as  nearly  as  possible 
an  equal  amount  of  population. 

60.  The  committee  appointed  by  the  sessions  shall  re- 
turn separate  lists,  alphabetically  arranged  of  tho  persons 
qualified  to  serve  as  grand  jurors,  one  list  to  be  retnrned 
to  the  Prothonotary  and  one  to  the  Clerk  of  the  Peace ;  and 
the  Clerk  of  the  Peace  for  each  district  shall  place  the  names 
of  the  grand  jurors  to  be  drawn  for  sessions  duty  for  such 
district  in  a  grand  jury  box,  divided  into  four  compart- 
ments, each  compartment  to  contain  all  the  names  of  grand 
jurors  for  one  of  such  sections. 

61.  The  Prothonotary  shall  place  the  names  of  the  graod 
jurors  for  the  whole  county,  in  the  grand  jury  box,  in  eigbt 
compartments^  each  compartment  to  contain  the  names  of 
the  jurors  for  one  of  such  sections,  and  shall  draw  the  names 
of  three  grand  jurors  from  each  of  such  compartments  in 
the  usual  manner. 

62.  In  drawing  the  grand  jurors  for  sessions  duties,  the 
Clerks  of  the  Peace  shall  draw  the  names  of  six  grand  jar- 
ors  from  each  compartment  in  the  tisual  maoDer.^ 

63.  Eight  of  such  jurors  shall  always  continue  in  office 
for  two  years,  and  shall  consist  of  the  two  first  names  drawn 
from  each  of  such  four  compartments  in  each  year. 

64.  After  the  drawing  of  the  first  panel  of  grand  jaron 
under  the  provisions  of  this  Chapter,  sixteen  names  onlji 
being  four  for  each  section,  shall  be  annually  drawn.  Tius 
section  shall  be  applicable  to  jurors  for  sessions  only;  and 
as  well  as  the  five  next  preceding  sections,  shall  apply  oolf 
to  the  counties  described  in  section  59. 

65.  The  duties  imposed  by  this  Chapter  on  the  Pro- 
thonotary shall  be  performed  by  the  Clerk  of  the  Peace 
where  necessarily  devolving  on  him. 

66.  TjiQ  oath  ot  grand  jurors  in  sessions  shall  hereafter 
be  as  follows : 

You  do  swear  that  you  will  well  and  faithfully  discharge 
the   duties  devolving  on  you  as  [/orcmaw,  or  grand  jU'^ 

ror^]  for  the  County  of ,  to  the  best  of  your  know-' 

ledge  and  ability.     So  help  you  God. 

67.  Nothing  in  this  Chapter  shall  be  construed  to  cbn^ 
travene  or  conflict  with  any  legislation  {intra  vires)  of  tto 
Parliament  of  Canada. 


nXU  XZn-]  BABSISTEBa   AND  ATTOBMETS. 

SCHEDULE. 

Coimty  of  — — . 

I%«  return  of  revising  magistraiet,  of  persons  quaUJied  to 
serve  aa  grand,  specuU  or  petii  jurors. 


437 

Chap.  93. 


CHAPTER  93. 

AND     ATTORMETB. 


OP 

1.    No  person  shall  practise  as  an  Attorney  or  Barrister,  Attoneraud 
unless  be  shall  have  been  duly  admitted.  ^I^imdf*  "*' 

3.    Every  person  intending  to  apply  for  adraiBaiou  as  a  hddUi'i  notin 
Barrister   or   Attorney   aball   caase  notice  thereof  to  bei^^J^^^ 
pueted  up  in  the  Prothonotary's  office  at  Halifax  at  least  p'y'°^*^™'>- 
one  month  before  tbe  coniraencement  of  the  term  ;  and  his 
tdmission  shall  be  moved  tor  in  open  court  within  the  first 
fcur  daya  thereof. 

8.     Ko  person  shall  bo  admitted  an  Attorney  or  Barrister,  Tsnn  or  oia- 
uless   he   ahall    have   actually  served  under  articles  oV^'^^S^ 
dnksbip  with  some  practising  Barrister,  whether  such*'™' 
Krticles  shall  bo  the  origiaal  articles  for  the  whole  term, or 
Uy  transferencQ  thereof,  or  new  articles  tor  the  residne  of 
«di  term,  for  a  period  of  four  years,  except  as  is  herein- 
•tter  otherwise  provided. 

4  No  person  shall  hereafter  be  received  aa  an  articled  sumnuum 
elerkby  any  Barrister  until  he  shall  have  undergone  Bn"i^^u^.  * 
sxsmioatiou  as  to  his  educational  qualifications,  and  shall 
hftVQ  produced  a  certificate  of  his  moral  character;  which 
eertincat«,  together  with  that  of  bis  having  passed  a  satis* 
factory  examination,  and  a  copy  of  his  oollegiate  degree,  if 
any,  shall  be  Sled  with  his  articles  in  the  offioe  of  the 
ProthoQotary  at  Halifax. 


488 


BABBI8TEBS  AND  ATTOBNETS. 


[PART  in. 


Chap.  93. 

Time  from 
which  servioe 
shall  be  reckon- 
ed. 

Jadges  may 
make  roles  as 
to  examination. 


Bnles  for  exam- 
iniUion. 


Annual  exami- 
nations. 


Uasatisfaotory 
examinations. 


Certificate 
filed. 


Three  yeari 
coarse. 


5.  The  term  of  service  shall  commence  from  the  time 
of  filing  a  duplicate  of  the  articles  of  clerkship,  and  the 
certificates  required  by  the  last  section,  in  the  Prothono- 
tar^'s  office  in  Halifax. 

6.  The  judges  of  the  Supreme  Court  may  from  time 
to  time  make  rules  regarding  the  examination  of  clerks 
applying  to  be  articled,  and  the  mode  of  condacting  the 
same ;  and  such  rules  made  and  published  in  the  noyal 
Gazette  shall  have  the  force  of  law.- 

%  The  Council  of  the  Barrister's  Society  at  Halifax 
shall  make  rules  and  regulations  for  the  annual  examination 
of  law  students  and  for  the  appointment  of  examiners,  and 
shall  specify  the  branches  of  the  study  of  the  law  in  which 
such  students  shall  be  so  examined  ;  and  such  rules  and 
regulations  shall  be  so  framed  as  to  give  students  in  the 
country  full  opportunity  of  undergoing  such  examination 
in  the  counties  where  they  reside. 

8.  Every  law  student  shall  be  examined  annually  ia 
accordance  with  such  rules  and  regulations,  and  if  sucb 
examination  shall  be  satisfactory  to  the  examineYs,  they 
shall  grant  a  certificate  to  that  effect  to  the  student.    N 
student  shall  be  entitled  to  undergo  an  advanced  examin9«^ 
tion  until  he  shall  have  passed  the  preceding  one. 

9.  If  such  examination  be  not  satisfactory  to  the  ex^-^ 
aminers,  they  shall  direct  the  student  to  again  presen 
himself  for  examination  at  such  future  time  as  they  ma; 
deem  proper,  but  not  exceeding  one  year  and  not  less  tha 
four  months  from  the  date  of  such  unsatisfactory  examina 
tion ;  and   he   shall  meanwhile  continue  to  serve  with 
practising  Barrister. 

10.  No  person  shall  bo  admitted  an  Attorney  or  Barria — ' 
ter  of  the  Supreme  Court  unless  he  shall  have  first  filed  in- 
the  Prothonotary's  office  at  Halifax  certificates  signed  by 
the  examiners  of  his  having  passed  such  annual  examina- 
tions to  the  satisfaction  of  the  examiners. 

11.  Provided  that  any  student,  who  shall  have  passed  a 
first-class  Preliminary  Examination  and  obtained  a  certifi- 
cate to  that  efiect  under  the  rules  made  in  accordance 
with  the  provisions  of  Chapter  130  of  the  Revised  Statutes, 
Third  Series ;  who  shall  have  passed  the  four  examina- 
tions prescribed  by  the  Council  of  the  Barrister's  Society, 
and  who  shall  have  served  three  years  under  articles  of 
clerkship,  may  with  the  consent  of  the  Barrister  to  whom 
he  is  articled,  be  admitted  a  Barrister  of  the  Supreme 
Court;  and  for  t.he  purposes  of  carrying  out  the  provisioDB 
of  this  section,  the  third  and  fourth  examinations  herein- 
before mentioned  may  be  undergone  by  the  student  at  the 
expiration  of  the  third  year  of  his  clerkship. 


TITLI  ZXn.]  BA.BRISTEBS  AND   ATTOBNETB.  439 

12.  The  proviaiona  of  the  four  next  preceding  sections  Chap.  93. 
shall  Dot  apply  to  law  students  articled  before  the  oigb-  ppj^w,^ f„ 
teentb  day  of  April,  1872  ;  but  any  aucb  law  student  who  ^^^''^^i.^.d. 
shall  have   passed  a   first-ctasa   Preliminary   Examination 

shall  be  entitled,  with  the  consent  of  the  Barrister  to  whom 
he  is  articled,  to  be  admitted  a  Bnrrister  of  the  Supreme 
Court,  attar  he  shall  have  served  throe  years  under  his 
articles  and  shall  hare  passed  an  examination  satistactory 
to  the  examiners;  and  anj'  student  articled  before  the 
eighteenth  day  of  April,  1872,  mny,  with  such  consent,  be 
admitted  at  the  expiration  of  four  years'  service  on  passing 
a  satisfactory  examination. 

13.  Any  student  of  the  age  of  twenty-one  years  or  up-  Qd»iia«ti(ra. 
wards  who  shall  file  satisfactory  certificates  of  his  having  ISHKd^" 
Qompliecl  with  the  requisites  of  the  preceding  sections  of 

thiq  Chapter,  and  of  his  good  moral  character  from  the 
Barrister  with  whom  he  last  served,  shall  be  entitled  to  be 
admitted  an  Attorney  on  taking  the  following  oath : 

"  I,  A.  B.,  do  swear  that  I  will  truly  and  honestly  demean  Atumiej-i  omth. 
myself  in  the  practice  of  an  Attorney,  Solicitor,  or  Proctor, 
in  all  and  every  ot  the  courts  of  this  Province  in  which  I 
shall  be  employed  as  such,  according  to  the  best  ot  my 
knowledge  and  ability ;'' — Anything  herein  contained  to  the 
contrary  notwithstanding. 

14.  A  Barrister  of  any  court  in  Great  Britain  or  Ire- Burisun  ud 
land  shall  be  entitled  to  be  admitted  to  practise  as  a  Bar-"^^^ 
rister  and  Attorney  on  filing  a  satisfactory  certificate  of  Jjjj^^^y  ' 
his  being  a  Barrister  at  the  time  of  application  and  of  his  tied  u >dmb- 
good  moral  character;  and  a  Barrister  or  Attorney  of  any  ^^^ceru?- 
ooort  in  Her  Majesty's  colonies,  and  an  Attorney  of  any  "*"■ 
loort  in  Great  Britain  or  Ireland,  on  filing  a  satisfactory 
»rtificate  of  liiit  being  it  Barrister  or  Attorney  at  tlie  time 

^  application  and  of  his  good  moral  character,  and  also  of 
His  having  served  as  an  articled  clerk  tor  a  term  equal  to 
:bat  hereinbefore  prescribed  for  articled  clerks  in  this 
Province,  and  who  sli^ill  undergo  a  satisfactory  examina- 
»on  as  horoinbeforo  provided  for,  shall  be  entitled  to  be 
admitted  an  Attorney  on  taking  the  foregoing  oath  :  Fro- 
rided.  however,  that  Barristers  of  Her  Majesty's  Superior 
i^arts  in  any  of  Her  Majeety's  Colonies  in  which  the 
laaie  privilege  is  extended  to  Barristers  of  the  Suprems 
joart  of  this  Province,  un  producing  certificates  of  their 
admission  and  of  good  moral  character,  shall  be  entitled  to 
>dmIasion  as  Barristers  of  the  Supremo  Court  of  Nova 
Scotia. 

15.  An  Attorney  of  tho  Supreme  Court  shall  be  entitled  Buriaicn,  wtuni 
0  bo  admitted  a  Barrister  immediately  after  his  admisaioD  **»">«^ 

9  an  Attorney. 


44d 


BABRISTERS  AND  ITTdSNfitd. 


[PABT  JtL 


Chap.  93. 

Attorney  to 
allow  only  derk 
or  attorney  to 
sue  or  defend 
cauaes  in  his 
name. 

Barristers,  their 
privileges  and 
preoedenoe ; 
power  of  courts 
to  control  all 
practitioners. 


No  barHster  to 
have  over  three 
clerks. 

Practisinff  bar- 
risters on^  to 
take  clerks. 


Notary  public 
being  barrister 
to  tike  acknow- 
ledgbients,  Ac., 
as  justice  of 
peace. 


No  fees  for  sudi 
services. 


16.  No  Attorney  shall  permit  any  person  not  an  Attor- 
ney, other  than  his  articled  clerk  actually  serving  in  his 
office,  to  sne  out  any  writ  of  process,  ot  to  prosecate  or 
defend  any  action  in  his  name. 

17.  Barristers  of  the  Supreme  Court  shall  be  CounseK 
Advocates,  Proctors  and  Solicitors  of  the  Court  of  Equity, 
Court  of  Vice- Admiralty,  Court  of  Error,  Court  for  Divorce 
and  Matrimonial  Causes,  and  all  courts  within  this  Province, 
and  as  such  shall  be  entitled  to  prosecute  and  defend  all 
causes  therein,  and  shall  have  such  seniority  and  pre- 
audience therein  as  they  are  entitled  to  in  the  Supreme 
Court ;  but  nothing  herein  contained  shall  interfere  with 
or  affect  the  wholesome  control  which  the  Queen's  courts 
are  authorized  to  exert  over  the  several  practitioners  there- 
in, or  to  prevent  such  court  from  suspending,  silencing, 
dismissing  or  striking  off  the  roll  any  Barrister,  Advocate, 
Attorney,  Solicitor  or  Proctor  for  mal-practioe  or  mis- 
conduct. 

18.  No  Barrister  shall  have  at  any  one  time  more  than 
three  articled  clerks. 

19.  No  Barrister  not  actually  practising  his  profession, 
except  only  the  Prothonotary  at  Halifax  being  a  Barrister, 
shall  take  or  retain  any  clerk. 

20.  Every  notary  public,  being  a  Barrister  of  the  Su- 
preme  Court  of  this  Province,  is  hereby  empowered  t 
take  acknowledgments  of  married  women  of  the  executio 
of  deeds  throughout  this  Province,  and  to  administer  oaths 
to  subscribing  witnesses  to  deeds  relative  to  the  execution 
of  the  same  throughout  this  Province,  and  to  certify  all 
such  acknowledgments   of    married   women    and  of  the 
attestations  of  suoh  witnesses  in  the  same  manner  and  to 
the  same  extent  as  a  justice  of  the  peace  is  now  anthorized 
to  do.    It  shall  not  be  necessary  for  any  such  Notary  atid 
Barrister  to  attach  his  notarial  seal  of  office  to  any  such 
certificate,  and  no  certificate  given  or  to  be  given  shall  be 
void  for  want  of  such  notarial  seal.     No  fee  shall  be  charged 
or  taken  by  any   notary   public   for   services  performed 
under  this  section. 


triLi  Xim.]       pLBADTSoa  and  pfiAcnce.  441 

Chap.  94. 

TITLE   XXIII. 

OP  PROCEDURE  IN  CIVIL  CASES. 
CHAPTER   94. 

OP  PLBADINOS  AlTD  PBACTIOB  IN  THE  SUPREKR   COOBT. 
aKNKKAL  dITLBB  :  BKQCLATION  OF  FltACTTCK;  BTC. 

1.     The  Judges  at  Hali&x,  except  the  Jndge  Id  Equity,  jD(i«a.aas[it 
may  from  time  to  time  make  general  rules  for  alteriug,t^^oJf^^*° 
regqlatiug  aud  facilitating  the  practice  of  the  Court,  and  "■*•  ">•"■ 
.all  other  rules  and  regulations  for  the  dispatch  of  buainefis, 
'the  prevention  of  the  accumulation  of  arrears,  the  regnla- 
tioa  of  sittings,  and  hearing  arguments  in  Banco,  the  at- 
teodanceof  the  Courts,  and  for  the  conducting  of  business 
IB  tbe  Practice  Court,  and  regulating  all  appeals  from  the 
decisions  of  a  Judge  at  Chambers;  but  such  rules  shall 
Qot  go  into  operation  until  they  have  been  published  io 
the  Boyal  Gazette;  and  all  rules  made  since  the  fourth  day 
of  April,  A,  D.  1853,  are  hereby  confirmed. 

3.     In  all  cases  not  otherwise  provided  for,  the  P^ctice^jg""*^!" 
md  proceedings  of  the  Court  shall  conform  as  nearly  asregaUKd  in 
(Day  be  to  the  practice  and  proceedings  of  the  superior'"*'^"  *"^- 
ooarts  of  common  law  in  force  previous*lo  the  first  year 
itf  Afl  reign  of  King  William  the  Fourth ;  and  in  all  cases 
wiiere  the  proceedings  and  practice  of  the  superior  courts 
it  oommon  law  in  England  differ  from  each  other,  those  of 
ttw  Court  of  Queen's  Bench  shall  he  followed. 

3.  One   of  tlie  judges  shall   sit  ooce   every    week  at  Ouunber dt- 
IThsmberB  or  oftQiier,  as  business  may  require,  and  shall  do«^]^. 
any  act  riilating  tu  practice  as  heretofore,  and  all  other 

acts  that  may  be  lawfully  done  by  a  single  jndge.  It  shall 
be  discretionary  with  the  judges  to  hold  Chambers  or  not 
^  the  ordinary  vacation,  tnat  is  to  say,  between  the  end  of 
Woly  Term  and  the  commencement  of  the  autumnal  cir- 
COitB. 

4.  It  shall  not  he  p.ecessary  to  isitue   more  than  one"^?^"^ 

sommons  for  attendance  before  a  judge  at  Chambers  itpnn  ■mi nmit 

the  same  matter ;  and  the  party  taking  it  out  shall  be  enti- 
tled (o  an  order,  unless  causa  to  the  contrary  be  shown,  or 

the  jndge  sLall  refuse  the  same. 

5.  When  a  Judge  has  power  to  grant  on  order,  be  may  SdIs ■» m^ in 
id  fiae*  tiwreof  grant  a  mle  niri  retaraable  at  jChambera.  SS*^*^ 


42  PLEADINOS  AND  PBACHOE.  [PART  IIL 

Chap.  94.  ^'  ^^^  decisions  and  judgments  of  a  jadgo  at  Chambers 
Appeal  from —  ^^*''  ^^  *"  cases  be  subject  to  appeal  to  the  Sopreme  Coari 
ja^lg?8d^  in  term,  secarity  for  the  costs  of  such  appeal  being  given 
SdneS^°^  by  the  party  appealing  in  the  snm  of  forty  dollars  by  a 
bond  to  the  satisfaction  of  the  judge  who  shall  have  given 
the  judgment,  and  within  a  time  to  be  limited  by  him. 

SSTinaSeSs  '^'  ^"  *''  cases  of  appeal  from  the  decision  of  a  judge  at 
Chambers,  the  appellant  shall  obtain  an  order  for  the  appeal 
from  a  judge  ;  insert  therein  or  append  thereto  the  grounds 
of  the  appeal ;  shall  file  the  same,  together  with  the  above 
security,  within  the  period  of  ten  days,  unless  the  judge 
shall  otherwise  order  ;  and  shall,  on  argument  of  the  appeal, 
be  confined  to  the  grounds  set  forth  in  the  order  or  ap- 
pended thereto. 

OP  THE  TKHM8,   SITTINGS   APTEB  TEBM  AKD   CIBCUIT6. 

commenoement  8.  There  shall  be  two  Terms  of  the  Supreme  Court 
Stos"Th25-°'  held  at  Halifax  annually — one  to  commence  on  the  third 
'"•  Tuesday  of  July,  and  to  continue  for  three  weeks,  if  the 

business  of  the  Court  shall  require  such  continuance,  and 
the  other  to  commence  on  the  second  Tuesday  of  Decern- 
*  her,  and  to  continue  for  four  weeks,  if  the  business  of  the 

Court  shall  require  such  continuance, 
wu^erof  9.     Not  more  than  five  of  the  judges  of  the  Supreme 

toheara?mi-  Court  shall  bc  required  to  hear  arguments  or  sit  in  banc; 
menta,tn^a««>.  ^^j  ^  number  Icss  than  five,  but  not  less  than  three,  may 

sit  for  that  purpose,  and  may  give  judgment  in  causes  so 
heard,  where  the  other  judges  are  unable,  from  sickness,* 
absence  from  the  Province,  interest  in  the  cause,  or  any 
other  sufficient  reason,  to  attend ;  and  the  arguments  may 
be  heard  in  vacation,  or  in  Term,  as  the  judges  may  direct. 
Separation  of         10.     As  often  as  in  the  opinion  of  the  judges  the  state 
n^Dte  pro\^§«d  of  the  dockct  of  arguments  in  Halifax  and  the  facilitating 
'**'•  the  business  shall  require  it,  the  docket  of  causes  shall  be 

separated  by  the  Prothonotary,  under  their  direction,  from 
time  to  time,  into  two  parts,  to  be  called  the  first  and 
second  divisions ;  and  the  causes  therein  shall  be  heard 
respectively  by  three  of  the  judges  ;  and  when  the  judges 
before  whom  the  same  may  be  heard  shall  concur  in  their 
decision,  such  decision  shall  be  as  valid  as  if  the  whole 
Court  had  concurred  therein  ;  but  when  such  three  judges 
do  not  concur,  the  party  against  whom  a  decision  shall 
have  been  given  may  require  that  such  cause  in  which  the 
judges  have  not  concurred  shall  be  entered  on  the  docket 
for  the  then  present  or  next  ensuing  term,  to  be  re*beard 
in  banc ;  and  it  shall  be  in  the  power  of  the  three  judges 
onr  the  argument  of  any  cause,  or  at  any  time  before 
judgment,  to  direct  that  the  same  shall  be  heard  as  afore^' 


TITLK  ZXm.]  PLBADINOS  AMD  PBACTIOE.  443 

said  by  the  full  Coart,  at  Buch  time  &s  tbe  Coart  shall  Chap.  94. 
appoint. 

11.  Tbe  jodgeB  may,  from  time  to  time,  in  their  difl-^™»j»y*^ 
cretioD,  by  ao  order  to  that  effect,  extend  and  adjonrn  any  Conned. 
Term  to  such  period  and  for  snch  time  as  they  may  deem 
necessarv  for  tbe  disposal  of  tlie  caunes  on  the  docket. 

12.  There  shall  be  two  Sittings  of  the  Supreme  Court  ogmmenmnieot 
at  Halifax  annually, — one  to  commence  on  the  first  Tuee- ti^ti^™t%if. 
day  of  November,  and  to  continue   for  four  weeks,  it'"' 
business  shall  require  such  continuance,  and  the  other  to 
commence  on  the  fonrth  Tuesday  of  April,  and  to  continue 

tor  three  weeks,  if  the  business  of  the  Court  shall  require 

such  continuance;  and  tbe  Court  or  the  presiding  judge  ^^Ji 

is  authorized  to  extend  each  of  such  Sitting  for  a  further 

period  of  three  days,  if  such  extension  should  be  deemed 

necessary,  and  for  such  further  time  as  may  be  requisite  in 

coaseqneace   of  any  trial   being  protracted   beyond   the 

periods  now  provided.     At  EaTifax,  on  the  first  day  of 

Sittings,  the  judges   shall   have   the   same  powers  as  in 

Term ;  and  where  the  Sittings  are  closed  by  the  termination 

of  the  baeiness,  or  of  the  allotted  time,  the  judges  ehall 

sit  for  three  days,  if  business  so  long  require,  with  tbe 

same  powers  as  in  Term — motions  relating  to  the  basinesB 

of  tbe  then  Sittings  to  have  precedence. 

13.  The  judges  may  from  time  to  time  in  their  diaore-  biwbm  nuj 
tioD.  by  an  order  to  that  ofi'ect,  extend  and  adjourn  the  ^^ed*br 
Sittings  to  Buch  period  and  for  such  time  as  they  may  deem  i""8™- 
necessary  for  the  disposal  of  the  causes  on  the  docket ;  and 

they  may  order  an  additional  psnel  or  panelB  of  jurors  to 
be  drawn  and  summoned  at  any  time  during  the  sittings 
for  anch  period  as  they  may  direct. 

14.  TW  judges  shall  have  power  from  time  to  time,  ioTirontnut- 
their  discretion,  to  direct  that  two  extra  Sittings  of  the  hd^usniw 
Court  shal!  be  held  fit  the  same  time  in  Halifax  for  the  trial  """i"  s^^- 
of  causes,  to  commence  and  terminate  at  auch  periods  aa 

shall  be  prescribed  in  the  order  therefor;  and,  for  that 
purpose,  one  or  more  panels  of  the  petit  jury  shall  be 
drawn  for  each  of  »iich  Sittings  of  the  number  and  in  the 
manner  now  by  law  appointed  for  the  regular  Sittings ; 
and  such  jurors  shall  be  summoned  in  the  same  way,  and 
shall  be  hound  to  attend,  and  shall  be  entitled  to  the  aame 
exemptions,  and  be  subject  to  the  like  pains  and  penalties, 
and  stiall  recover  thd  same  fees  and  compensation,  as  are 
now  by  law  respectively  provided  in  respect  of  petit 
jurors. 

15.  New   notices  of  trial   shall  be  required  for  such  r 
extra  Sittings;  and  trials  or  any  other  business  thereat" 
shall  be  conducted  on  the  same  principles  as  in  the  regular 
&ittiag$;  and  auch  extra  Sittinga  snail  be  coDttno^  lor 


444  PLEADIN68  JLHD  PBACSIOB.  [PABT  IB. 

Chap.  94.    the  period  prescribed,  or  until  all  the  civil  and  criaiinal 
causes  ready  for  trial,  including  all  appeals,  shall  be.  tried 
and  disposed  of. 
^^S^^StStn'     ^^'    ^^^  docket  of  causes  for  trial  shall  be.  arranged  by 
■ittinip.  the  judges  at  such  extra  Sittings  in  such  away  as  shall 

appear  to  them  most  convenient  and  conducive  to  the  ends 
of  justice;  and  the  order  of  the  judges  for  such  extra  Sit- 
tings shall  take  effect  from  and  auer  the  publicatioQ  thereof 
in  the  Boyd  GazeUe ;  but  the  panels  of  petit  jurors  may  be 
drawn  before  such  publication. 
^S^iSLd.  ^"^^  "^^^  ^tmA  jury  shall  attend  ali  the  Sittings^  but 
xor.  shall  not  be  required  to  attend  at  the  Terms  of  such  Court ; 

and  all  jurors  required  to  attend  such  Sittings  shall  be 
subject  to  the  penalties  for  non-attendance,  now  by  law 
established. 
^1in«toto  ^^'    There  shall  be  five  circuits  in  the  Province:  The- 

drcsaite.  Midland,  the  Shore,  the  Western,  the  Eastern,  and  the  Cap» 

Breton  Circuits. 

The  Midland  Circuit  shall  embrace  the  Counties  of  Hants,^ 
Colchester  and  Cumberland. 

The  Shore  OiixuU  shall  embrace  the  Counties  of  Lunen- 
burg, Queens,  Shelburne  and  Yarmouth. 

The  Western  drouU  shall  embrace  the  Counties  of  Digby, 
Annapolis  and  Kings. 

2he  Eastern  Circuit  shall  embrace  the  Counties  of  Pictou^ 
Antigonishe  and  Guysborough. 

The  Cape  Breton  Circuit  shall  embrace  the  Counties  of 
Cape  Breton,  Victoria,  Inverness  and  Richmond, 
oommenoement      19.    The  Supreme  Court  shall  sit  twice  a  year  in  the 
Sraii^^.^'  several  counties  as  follows : — 

MIDLAND  CIRCUIT. 

HANTS. 

Ji  Windsor. — On  the  last  Tuesday  of  May,  to  sit  for  five 
days ;  and  on  the  Tuesday  before  the  last  Tuesday  of  Sep- 
tember, to  sit,  if  necessary,  eleven  days. 

COLCHXSTER. 

At  Truro. — On  the  first  Tuesday  of  June,  to  sit,  if  neces- 
sary, eleven  days ;  and  on  first  Tuesday  of  October,  to  sit 
for  five  days. 

CUMBERLAND. 

Jt  Amherst. — On  the  third  Tuesday  of  June,  and  the 
second  Tuesday  of  October;  to  sit  each  term,  if  nflfrfMiwwj^j 
fourteen  days. 


nriiB  xxm.]       fi.iadihos  and  psAcnoB.  445 

Chap.  94. 

shore  circdit. 

LUDSKBUBO. 

At  Lunenburg. — Od  the  Tburaday  before  the  first  Taea- 
day  of  JuDG,  and  on  tbe  Thursday  aiter  the  secood  Tues- 
day of  October. 

<)nBN8. 

At  Jjiverjiodl.— On  tho  second  Tnesday  of  Jnne,  to  sit  for 
five  days ;  and  on  the  first  Tuesday  of  October,  to  oontinao 
■itting  for  seven  days,  if  necessary. 

BwtLBvntnt. 

At  Barrington. — On  the  third  Toesday  of  June. 
At  Shdbume. — On  the  last  Tnesday  of  September. 

YAHMOCTH. 

At  Tarmtmtk. — On  the  fonrtb  Tuesday  of  Jane. 
At  Tutket  VUlage. — On  the  Tuesday  next  before  tbe  last 
Tnesday  of  SepteOiber. 

WE8TEBM    CI&CCIT. 


At  Digby. — On  the  second  Tuesday  of  Jnne. 
At  dare. — On  the  last  Tuesday  of  September. 

ANVAFOUa. 


At  Bridgetown. — On  the  third  Tnesday  of  Jqds. 
At  Annapolis. — On  the  first  Tuesday  of  October. 


t  KentviUe. — On  the  first  Tuesday  of  Jane,  and  on  the 
ind  Tuesday  of  October. 

■*  EiBTBRM  ciRCnrr. 


At  Pictou. — On  the  Thursday  next  after  the  Becond 
Tnesday  ol  June,  and  the  Thursday  next  after  the  third 
Tuesday  of  October;  to  sit  each  term,  if  necessary,  fonr- 
t«en  days. 

AMTEOONISHB. 

At  Aniigcmiske. — On  the  first  Tuesday  ol  Jane,  and  Becond 
Tuesday  of  October ;  and  to  sit  seven  it^a  ia  eaobtoflD, 
sxclotivO'Df  Sanduys. 


446  pleadings  and  practice.  [past  iil 

Chap.  94. 

GX7TSBOR0UOH. 

At  Ouyaborough, — On  the  last  Taesday  of  May,  and  the 
first  Tuesday  of  October. 

CAPE    BRETON    CIRCUIT, 
CAPR    BBETON. 

At  Sydney. — On  the  first  Tuesday  of  Jane  ;  and  on  the 
first  Tuesday  of  October ;  such  last  term  to  extend  for 
ten  days  if  necessary. 

VICTORIA. 

At  Baddeck — On  the  second  Tuesday  of  June  and  the 
third  Tuesday  of  October ;  the  last  term  to  continue  for 
five  days,  if  necessary. 

INVERNESS. 

At  Port  Hood. — On  the  third  Tuesday  of  June,  and  the 
fourth  Tuesday  of  October.  • 

RICHMOND. 

At  Arichat. — On  the  fourth  Tuesday  of  June,  to  sit  ten 

days,  if  necessary ;  and  on  the  first  Tuesday  of  November, 

to  sit  five  days,  if  necessary. 

Sid^eof*  Wherever  in  this  section  the  Court  is  directed  to  sit  for 

sundajTi.  any   specified   number   of   days,    such   number   shall   be 

exclusive  of  Sundays. 
Duration  of  20.     The  rospoctive  Terms  or  Sittings  of  the  Supreme 

iittingH  umited.  Q^m,|.^  jj^  ^\^q  preceding  section  mentioned,  shall  continue 

as  long  as  tho  business  shall  require  ;  but  the  same  shall 
not  be  continued  longer  than  the  Saturday  before  the  day 
hereby  appointed  for  opening  the  Court  at  the  next  place 
to  which  the  judge  presiding  at  such  Court  shall  bo  about 
to  proceed  on  his  circuit,  nor  longer  than  the  second 
Saturday  after  the  first  day  of  such  Terms  <ir  Sittings 
respectively,  except  as  otherwise  provided  in  this  Chapter. 
Bxtrasitt^^  21.  The  presiding  judge,  if  any  large  arrears  of  civil 
certaia  cases,  or  Criminal  busiuoss,  shall  be  found  to  exist,  at  the  end  of 
the  Term  or  Sittings  of  any  Circuit  Court,  that  may  here- 
after be  held  by  him,  shall  appoint  a  subsequent  day,  in 
which  an  extra  Sittings  of  the  Court  shall  be  held  in  the 
same  county,  of  which  the  Prothonotary  shall  immediately 
give  notice,  by  publication  in  the  local  newspapers  (if  any) 
and  by  advertisement  in  five  of  the  most  public  places 
within  the  county.  The  grand  jury  shall  not  attend  at 
such  Term  or  Sittings,  but  the  Prothonotary  shall  draW  in 


TRLB   ZZin.]  PLEADINGS  AND  PBAOTICE.  ~     447 

0p6D  Coart,  ID  the  sams  way  as  in  the  reralar  Term   a  Chap.  94. 

pane)  of  petit  jnrore  therefor,  coosisting  of  tae  oamber,  of 

tweoty-foar,  and  ahall  have  the  liet  signed  by  the  two 
jasticas  associated  with  him,  and  by  the  preaicling  jadge, 
and  sbnll  issue  writs  of  venire  /acias,  for  the  snmmoaiDg 
of  such  jury,  and  shall  deliver  the  same  to  the  Sheriff,  at 
least  ten  days  before  such  Term  ;  and  the  Sheriff  shall 
thereupon  cause  such  jurors  to  be  sammoned  at  least  four 
days  before  the  time  appointed  in  such  writ. 

22.  The  jurors  so  summoned  shall  be  bound  to  attend  Atteixiimw of 
accordingly,  and  be  subject  to  snch  fines  and   penalties,  i^f^^i^' 
and  entitled  to  such  tees  and  compensation  as  are  now  by 

law  respectively  provided  in  respect  of  petit  jurors. 

23.  At  such  extra  Terms  or  Sittings,  all  jury  causes,  ironcnr  noun 
civil  and  criminal,  and  those  only,  which  shall  have  been  ""'''' "'■'"*■ 
at  issue  and  ready  tor  trial  when  such  proclamation  of 
adjournment  shall   have   been   made,   shall    be   tried  and 
disposed  ol  without  any  new  notice  of  trial. 

24.  Id  case  a  judge  shall  be  prevented  from  arriving  at  pnTUhm  in 
the  place  on  the  day  appointed  for  holding  the  Court  oi"  ^  o'f "jndm! 
SDch   fxtta  Term   or   Sittings   thereof,  the  Sheriff  shall 

give  pnhlic  notice  that  the  Court  will  meet  on  the  day  next 
following  such  day  ;  and  shall  continue  to  give  such  notice 
from  day  to  day  for  three  successive  days,  nnless  a  judge 
shall  in  the  tneantimo  arrive. 


WEITS  OF  MBSNB  PBCCMS. 

25.  All  personal  actions  shall  be  commenced  by  writ  of  jf<™>°i^>«ti«u 
stiiDinons  or  replevin,  and  in  case  of  absconding  debtors,  m'eu»L  '™°' 
■nmmons  or  attachment,  in  the  forms  set  forth  respectively 

in  Schedule  A,  numbers  1,  2,  3,  i  and  5  ;  and  where  the 
amount  claimed  ia  under  eighty  dollars,  the  writ  shall  be 
marked  on  the  back  thereof,  summary  cause ;  but  no  action 
for  the  recovery  of  any  debt  shall  be  commenced  in  the 
Supreme  Court  where  the  amount  songbt  to  be  recovered 
is  less  than  tn'enty  dollars;  and  every  writ  shall  be  sub- 
scribed with  toe  namaof  the  plaintiff  issuing  the  same,  and 
with  his  place  of  abode,  or  with  the  name  of  the  attorney 
iBBning  the  same. 

26.  It  shall  not  be  necessary  to  mention  any  form  of  Vorm  <x  aetioD 
sctioD  in  the  writ  or  other  proceedings.  ^a^^. 

27.  The  testo  of  all  writs,  whether  of  mesne  processor  Tnt«<>twriu 
otherwise,  is  abolished,  and  every  writ  shall  be  dated  by  •t*'''''*^- 
the  Protbonotary  the  day  it  is  issued ;  and  every  writ  of 
lammoDs  and  every  concurrent  writ  shall  be  served  within 

*ix  months  from  the  day  it  is  issued. 

28.  The  writ  shall  contain  (he  declaration  according  to  writ  «tuji con- 
tbe  pnetioe  adopted  in  sammary  canses,  and  to  the  forms  "'"  '*' 


448 


PLEADINGS  AND  PRACTICE. 


[PABT  m 


Chap.  94. 


Warrants  need 
notbelUed. 


Votioetobe 
imdorsedon 
writ. 


Affidavit  to 
hold  to  bail 
when  to  bo 
made. 


«a  isaned. 


Protiso. 


Bail  bond. 
Bail  how  taken 


iu  Schedule  B,  except  ia  very  special  cases,  where  the 
declaration  may  be  aauexed  or  served  separately ;  bat  no 
charge  shall  be  allowed  therefor,  unless,  on  taxation,  the 
judge  shall  deem  such  course  to  have  been  proper  undiir 
the  circumstances. 

29.  'It  shall  not  be  necessary  to  file  warrants  of  attorney 
to  prosecute  or  defend. 

30.  Every  writ  by  which  an  action  is  commenced, 
except  in  ejectment,  shall  be  endorsed  with  the  notice  in 
the  form  in  Schedule  A,  number  10. 

31.  If  a  plaintifi*  in  any  action  commenced  by  summoiu 
in  which  the  defendant  is  now  liable  to  arrest,  whether 
upon  the  order  of  a  judge  or  commissioner,  or  withoat 
such  order,  shall,  at  or  after  the  commencement  of  such 
action,  by  affidavit  of  himself,  or  some  other  person,  shew, 
to  the  satisfaction  of  a  judge  or  commissioner,  that  such 
plaintiff  has  a  cause  of  action   againt  the   defendant  or 
defendants  to  the  amount  of  twenty  dollars  or  upwards,  or 
has  sustained  damage  to  that  amount,  and  that  the  plaiotiff 
has  probable  cause  for  believing,  and  does  believe,  that  the 
defendant  is  about  to  leave  the  Province,  and  that  he  feara 
that  the  debt  will  be  lost  unless  such  defendant  is  forthwith 
arrested  ;  such  judge  or  commissioner  may,  without  reqoir* 
ing  in  such  affidavit  any  statement  of  the  plaintiff's  ground 
for  such  belief,  by  a  special  order  direct  that  such  defen- 
dant so  about  to  quit  the  Province,  shall  be  held  to  bail 
for  the  amount  of  the  debt  or  damage  sworn  to,  or,  in 
the    case    of    unliquidated   damages,  for    such   sum   && 
the  judge  or   commissioner  shall   think   fit ;    and  there- 
upon  the   plaintiff  within  the   time    expressed   in  such 
order,  but  not  afterwards,  may  sue  out  one  or  more  writ 
or  writs  of  capias  into  one  or  more  different  counties,  as 
may  be  required,  against  any  such  defendant,  so  directed 
to  be  held   to  bail,  which   writ  shall  be   in  the  form  ia 
Schedule  A,  number  6  :  provided  always,  that  nothing  iQ 
this  section  contained  shall  operate  to  prevent  a  defendant 
so  arrested  from  negativing,  under  affidavits  before  a  judge 
or  commissioner,  the  fact  of  his  being  about  to  leave  tne 
Province ;  and  upon  such  affidavit,  if  the  same  is  not  con- 
tradicted on  the  part  of  the  plaintiff,  such  judee  or  com- 
missioner shall,  in  his  discretion,  order  his  discharge  from 
custody  with  or  without  costs,  or  direct  that  the  costs  of 
the  same  be   costs   in  the  cause.     Where  a  defendant  is 
ordered  to  be  held  to  bail  under  this  section,  after  ha 
has  appeared  to  the  action,  the  form  of  the  bail  bood  in 
the  Schedule  A,  number  26,  shall  be  modified  accordiagly. 

32.  The  Sheriff  shall,  within  one  month  after  the  £t6 
of  such  capias,  but  not  afterwards,  proceed  to  arrest  each 
defendant  thereupon,  and  he  shall  remain  in  oaatody  until 


TITLB  XZin.]'  PI.EAD1KGB  AND  PBACTICE.  449 

be  flhsll  have  given  &  bail  bond  to  the  Sheriff  or  ehftll  have  Chap.  94. 
made  depooit  of  the  aura  endorsed  on  such  writ  of  capias,  i>,p«ii, 
together  with  forty  dullars  for  coata;  and  the  Sheriff  ehall 
make  retorn  ot  his  writ  immediately  upon  the  execution 
thereof,  or  at  the  expiration  of  the  month  if  not  execated. 

5S.  Where  the  defendant  shall  be  described  in  thej^"^!^^^ 
procesB  ur  affidavit  to  hold  to  bail  by  initials,  or  hy  a  wImioii  or  de- 
wrong  name,  or  without  a  Christian  name,  the  defendant 
shall  not  be  discharged  out  of  custody,  or  the  bail  bond 
delivered  up  to  be  cancelled,  it  it  shall  appear  by  the 
affidavit  that  due  diligence  has  been  used  to  obtain  a 
knowledge  of  the  proper  name. 

34.  Where  a  defendant  is  committed  to  jail  on  mesne  J^^^JJ^  J'j^ 
process,  and  the  plaintiff  does  not  proceed  to  trial  in  ^''^  "P'f'yi'T?^" 
Term  next  after  his  committal,  or  in  the  Sittings  thereafter,  Eoi"pn»«<i- ' 
the  defendant  shall  be  discharged  ; — provided  he  was  ready 

for  trial  at  such  Term  or  Sittings,  and  had  pleaded  issuably 
to  the  declaration,  if  served  upon  him,  and  had  given  notice 
of  his  readiness  for  tritd  on  the  first  day  of  such  Term  or  Sit* 
tings,  or  before,  or  when  the  cause  is  called  ;  and  provided 
the  canse  had  been  called  tor  trial ;  and  also  pro- 
vided the  Court  ahall  not,  on*  sufEcient  cause  shewn  on 
affidavit,  be  of  opinion  that  the  defendant  ought  not  to  be 
discharged. 

Service  and  Seium  of   H^riti,  etc. 

35.  There  shall  be  no  special  return  days  for  writs  of?'''*''"''^ 
snmmons,  writs  of  replevin,  and  writs  of  attachment  and     "*™" 
BumiDODS  against  absent  or  absconding  debtors,  or  their 
agents,  or  trustees,  or  writs  of  certiorari ;  but  such  writs 

shall  be  returnable  within  tea  days  after  the  service  there- 
of, if  the  defendant  *or  party  served  shall  reside  in  the 
coQUty  in  which  the  action  is  brought ;  within  twenty  dxys 
after  service  if  he  shall  reside  in  any  other  county,  except 
IB  the  Island  of  Cape  Breton  ;  and  within  thirty  days  il  ha 
rimll  reside  in  the  Isiand  of  Cape  Breton  and  the  action  is 
brought  in  any  county  nut  in  the  Island;  or  if  he  shall 
reside  out  of  the  Island  and  the  action  is  brought  in  any 
county  within  the  Island  ;  and  judgment  may  be  entered 
against  the  defendant  if  he  shall  not  appear  and  plead 
within  four  days  after  the  espiration  of  such  period  ol  ten, 
twenty,  or  thirty  days,  as  tlie  case  may  be  ;  and  in  cases 
where  a  writ  of  suminona,  with  the  usual  notice  endorsed, 
is  served  in  any  county  other  than  that  specially  named  in 
tbo  direction  of  tiie  writ,  the  detendant  shall  be  entitled  and 
required  to  appear  and  pleud  in  the  same  number  of  days 
AS  if  the  county  wherein  iie  is  served  had  been  speoiaUy 
naoied  in  the  writ. 
28 


450  PLEADINGS  AND  FBACTICE.  [PART  HE  ^ 

Chap.  94.       36-    ^^^  writs  shall  summon  the  ilefendant  to  appear* 
Formof  writ!  of  "within  ten,  twenty,  or  thirty  days  [cw  the  case  maybe} 
■urnmons.        after  the  service  of  this  writ/' 

How  directed         37.     Writ«  shall  be  directed  thus  :  **To  the  Sheriff  of ,^ 

aodexeca    .     ^^  ^^  ^^^  Other  of  OUT  Sheriffs  ;'*  and  may  be  executed  by" 
any  Sheriff  within  his  bailiwick:  and  concurrent  writs  ma^^ 
be  issued. 
Ooncarrent  38,     A    Writ   for  servico  within  the  Province   may  b^ 

maricedf^        Issucd   and  marked   as  a  concurrent   writ    with  ooe    foe 
service  out  of  the  Province ;  and  a  writ  for  service  out  o 
the  Province  may  be  issued  and  marked  as  a  c  jncurreo 
writ  with  one  for  service  within  the  Province. 
sheriffsendorse-     39.     The  Sheriff  shall,  upon  the  receipt  of  every  writ 
mentonwrit.     en(j(,rgQ  thereon  the  time  at  which  the  same  was  receive 
by  him;  and  shall  in  his  return  on  every  writ  of  raesn 
process  state  the  very  day  on  which  it  was  served  ;  an 
shall  not  be  allowed  any  fees  on  process  served  by  hi 
where  the  return  is  not  so  made. 
KoBcrvioeof  40.     No  porsou  upon  the  Lord^s  day  shall  serve  or 

^tonLords     ^^^^  ^^^^^  ^j^jj  ^^^.j^  ^^  proccss ;  but  the  service  thereof 

shall  be  void,  and  the  party  serving  the  same  siiall  be 
liable  to  the  party  a<;grieved,  as  if  he  had  executed  the 
same,  without  any  writ  or  process. 
Bervioeonoorpo-      41.     Writs  against  a  corporation  may  be  served  on  the 
Mtion.  principal  officer,  or  on  the  clerk  or  secretary, 

writjiow  42.     The   service   of  the   writ,    whenever   practicable, 

shall  be  personal,  and  shall  be  made  within  six  months 
from  the  day  of  its  issue  ;  but  the  plaintiff  shall  be  at 
liberty  to  apply,  from  time  to  time,  if  necessary,  on  aflt 
davit  to  the  Court  or  a  judge,  who  may,  if  satisfied  that 
the  writ  has  come  to  the  knowledge  of  the  defendant,  or 
that  he  wilfully  evades  service,  and  that  reasonable  efforts 
have  been  made  to  eflect  personal  service,  order  that  the 
plaintiff  be  at  liberty  to  proceed  as  if  personal  service  had 
Deen  effected,  subject  to  such  conditions  as  to  the  Court 
or  a  judge  may  seem  fit. 
Proceeding!  43.     In  casc  any  defendant,  being  a  British  subject,  is 

sSjSctnwHresi- residing  out  of  this  Province,  it  shall  be  lawful  for  the 
d^iUnPro-  plaintiff  to  issue  a  writ  of  summons  in  the  form  in  Sche- 
dule A,  number  7,  wliich  writ  shall  bear  the  endorsement 
contained  in  the  said  form  purporting  that  such  writ  is  for 
service  out  of  this  Province  ;  and  the  time  for  appearaDce 
by  the  defendant  to  such  writ  shall  be  regulated  by  the 
distance  from  Nova  Scotia  of  the  place  where  the  defend- 
ant  is  residing,  having  due  regard  to  the  means  and  neces* 
sarv  time  for  postal  or  other  communication.  And  it  shell 
be  lawful  for  the  Court  or  judge, — upon  being  satisfied  by 
affidavit  that  there  is  cause  of  action  whioh  arose  wilbio 
this  Province,  or  in  respect  of  a  breach  of  a  contract  made 


TRTiB  XZm.]  PLBADraOS  AMD   PBACTICS.  461 

Within  the  Provioce,  in  whole  or  in  part,  or  intended  to  be  Ghap.  94. 

executed  in  whole  or  in  part  within   tliia  PrDvince,  or,  in 

respect  of  h  contrftct  miide  end  entered  into  between 
parties,  one  of  whom,  at  tiie  time  of  mHlcing  nnch  cnntract, 
ibsll  reside  within  this  Province,  nnd  that  the  writ  waa 
personally  served  upon  the  defendant,  or  that  reasonable 
ifforts  were  made  to  effect  personal  eervice  thereof  ou  the 
lefendant,  and  that  it  came  to  hin  knowledge,  and  either 
tbBt  the  defendant  wilfully  neglects  to  appear  to  such  writ, 
3r  that  he  is  living  out  of  the  Province  in  order  to  defeat 
jr  delay  hia  creditors, — to  direct  from  time  to  time  that  the 
3lainti£r  shall  be  at  liberty  lo  proceed  in  the  action  in  such 
BBnner,  and  subject  to  such  conditions  as  to  such  Court 
ir  jndge  may  eeem  fit,  having  regard  to  the  time  allowed 
for  the  defendant  to  appear  being  reasonable,  and  to  the 
>tber  circumstances  of  the  case;  provided  always  that  the 
plsintiff  shall,  before  obtaining  judgment,  prove  the  amount 
of  the  debt  or  damages  claimed  by  him  in  such  action, 
either  before  a  jury  upon  a  writ  of  inquiry,  or  before  a 
jodge. 

44.     In  all  cases  when  it  stiall  be  made  to  appear  by  Agsnt mi? be 
affidavit,  to  the  satisfaction  of  the  Court  or  a  judge,  that  a^^orltefHi- 
defeodant  is  absent  from  the  Province,  so  that  persona!  ^I^'""""'' 
service  of  process  cftnnot  be  effected  on  him,  or  that  he  is 
remaining  abroad  so  as  tu  evade  service,  and  that  he  has 
aa  agent  within   the  Province,  and  ali«o  that  the  plaintiff 
hu  a  good  and  available  catrse  of  action  against  the  de- 
fendant,  the  Court  or  a  judge  may  make  an  order  for  the 
■arvice  of  process  on  the  agent,  which  service  nhall  be 
deemed  good  and  sufficient  service  on  the  defendant;  and 
the  plaintiff  may  thereupon  proceed  in  the  action  to  judg- 
Beat  and  execution,  as  if  aucb  defendant  bad  been  per- 
nsdly  served. 

46.  The  Court  or  a  judge  may.  on  sufficient  cause  nmemiy  be «i- 
flhewn  by  tlie  agent,  allow  a  reasonable  time  for  such  agent '°"^'"''~*' 
to  commutiicato  anc^h  writ  to  the  defendant. 

46.     If  the  plaintiff  shall  shew  to  the  satisfaction  of  the  J^^"^^ 
Ooort  or  a  judge,  that  after  dne  diligence  and  inquiry  he  .uiHdant  mi> 
bu  failed  to  discover  any  agent  of  the  defendant  within  ^1^° 
the   Province,  the   Court  or  a  judge  may  make  an  order 
for  the  defoiidaiit  to  appear  and  plead   on  a  certain  day 
to  be  therein  nain<;d,  which  order  shall  be  published  in 
the  Royal   QazeUe  n'jwspaper,  or  in  such  othei   way  and 
for  sqch  time  as  the  Court  or  a  judge  shall  direct ;  and  the 
paMicattoQ  of  such  order  shall  be  deemed  good  service  OD 
such  defendant ;  and  the  plaintiff  shall  be   at  liberty  to 
proceed  in  the  action  as  if  the  defendant  had  been  per^ 
aooally  served  with  prooess. 
47.    The  defendant  ahall  be  at  liberty  to  appear  and  !>«'»■<>«)  n»7 

Ti_ 


452 


PLEADINGS  AND  PRACTICB. 


[PABT  m. 


Chap.  94. 

appear  and 
plead. 

Be-hearing  may 
be  obtainM 
within  three 
years. 


Bxeontion,  how 
toiMue. 


Proceeding!' 
against  foreign- 
or  non-resid^t 
in  Proviaoe. 


Writnunr  be 
ameoded. 


Subtt'tation  of 
forms  no  objec- 
tion. 


plead  to  such  action  at  any  time  previons  to  judgment 
signed. 

48.  The  defendant,  at  any  time  within  three  years  after 
judgment  signed,  luay,  on  application  to  the  Court  or  a 
judge,  on  affidavit  accounting  for  his  non-appearance  and 
disclosing  a  defence  on  the  merits,  obtain  an  order  to 
appear  and  plead,  and  for  re-hearing  of  the  cause,  which 
order  shall  operate  as  a  stay  of  any  execution  issued  on 
such  judgment;  but  the  judgment  obtained  shall,  until 
removed,  stand  as  security  to  the  plaintiff  for  the  amount 
thereof. 

49.  No  execution  shall  issue  on  such  judgment  until 
the  plaintiff  shall  have  given  security  to  the  satisfaction  of 
the  Court  or  a  judge  for  the  re-payment  of  all  moneys 
levied  thereunder  in  case  the  judgment  should  be  reversed. 

50.  In  any  action  against  a  person  residing  out  of  the 
Province,  and  not  being  a  British  subject,  the  like  pro- 
ceedings may  be  taken  as  against  a  British  subject  resident 
out  of  this  Province,  save  that  in  lieu  of  the  form  of  the 
writ  of  summons  in  Schedule  A,  number  7,  the  plaintiff  shall 
issue  a  writ  of  summons  according  to  the  form  in  Schedule 
A,  number  8,  hereto,  and  shall  in  manner  aforesaid  serve  a 
notice  of  such  last-mentioned  writ  upon  the  defendant 
therein  mentioned,  which  notice  shall  be  in  the  form  in  the 
said  Schedule,  number  8;  and  such  service,  or  reasonable 
efforts  to  effect  the  same,  shall  be  of  the  same  force  and 
effect  as  the  service  of  the  writ  of  summons  in  any  action 
against  a  British  aubject  resident  abroad,  and,  by  leave  of 
the  Court  or  a  judge,  upon  their  or  his  being  satisfied  by 
affidavit  as  aforesaid,  the  like  proceedings  may  be  had  and 
taken  thereupon. 

51.  If  the  plaintiff  or  his  attorney  shall  omit  to  insert 
in  or  endorse  on  any  writ  or  copy  thereof  any  of  the  mat- 
ters required  by  this  Chapter  to  be  inserted  therein,  or 
endorsed  thereon,  such  writ  or  copy  thereof  shall  not  on 
that  account  be  held  void  ;  but  it  may  be  set  aside  as 
irregular,  or  amended  upon  application  to  be  made  to  the 
Court  out  of  which  the  same  shall  issue,  or  to  a  Judge : 
and  such  amendment  may  be  made  upon  any  application 
to  set  aside  the  writ  upon  such  terms  as  to  the  Court  or 
judge  may  seem  fit. 

52.  If  either  of  the  forms  of  writ  of  summons i^ontained 
in  Schedule  A,  numbers  7  and  8,  shall  by  mistake  or  inadver- 
tence be  substituted  for  the  other  of  them,  such  mistake 
or  inadvertence  shall  not  be  an  objection  to  the  writ  or  any 
other  proceeding  in  such  action,  but  the  writ  may, — upon 
an  ex  parte  application  to  a  judge,  whether  before  or  after 
any  application  to  set  aside  such  writ  or  any  proceeding 
thereon,  and  whether  the  same  or  notice  thereof  shall  have 


tlTLB  XXni.]  PLBADraOS  AND  FBAOTICB.  453 

leen  served  or  not, — be  amended  by  sacii  jndge  without  Chap.  94. 
Bosta.  

53.  Any  nffidarit  of  service  of  writ  or  notice,  or  any  Andaritoi 
ither  affidavit  for  the  pnrpoao  of  enitbling  the  Court  or  a  mn.  '*"' 
ndge  to  direct  proceedings  to  bo  taken  against  defend- 

,nts  out  of  the  Province,  or  by  such  defundants,  may  be 
worn  before  any  judge  of  a  c-oart  ot  record  or  junttce  of 
he  peace  in  any  of  Her  Majesty's  dominiona,  or  before  any 
vnanl-ganeral,  or  consul,  vice-consul  or  consular  agent 
^pointed  by  Her  Majesty  at  any  foreign  port  or  place, 
vhose  official  character  and  sigftatare  shall  be  certified 
iDder  the  hand  and  seal  of  a  notary  public,  or  before  a 
rommissioner  appointed  to  take  affidavits,  and  do  aces 
rithout  the  Province.  Every  affidavit  so  sworn  may  be 
sed  and  shall  be  admitted  in  evidence  ;  provided  it  pur- 
•Oft  to  have  been  sworn  before  such  official  as  in  this  aec- 
ioD  mentioned. 

54.  In  all  civil  nniCe  the  cause  shall  be  conducted  in  the  ?»™,'«"',™- 
ames  ol  the  real  parties.  nita. 

65.     Notice  of  trial  may  be  endorsed  on  writs  of  sum-flotiMafbM. 
ions. 

WHtM  of  Inquiry. 

56.     Writs  of  inquiry  shall  be  made  returnable  in  teDBiMoUonud 
ays  aftor  the  is:4uing  thereof ;  and  the  party  plaintiff  shall  JlfS^ai^T''* 
9  entitled  to  judgment  for  the  amount  awarded  him  with 
ista  in  fourteen  days  after  the  execution  of  the  writ. 

Of  Che   Writ  ot  CeHhrari. 


Previous  to  issuing  a  writ  of  certiorari  the  judge  Biniooauai 
imtssioner  shall  require  the  person  applying  there- irtlT''*"'' 


61. 

t  commissioner 

IT  to  file  sufficient  bail,  in  auch  reasonable  amount  ae  the 
idgo  or  cummiiidioner  Hhall  direct,  to  respond  the  judg- 
lent   to   be   fiti',Llly   given   in  the  cause;  and    the  judge 
r  coraraitisioTier  shall  emlorse  on  the  writ  the   amount  lor 
'bich  bail  in  filed,  with  the  names  of  the  bail,  and  also  the 
rUo  when  the  writ  was  allowed,  and  shaU  put  his  signa* 
jre  thereto. 
58.     In  iill  causes  and  proceedings  bronght  up  by  cerii-^aoedan 
rari,  the  Court  may   inquire  into  the   facts  anew,  if  jj'""^""- 
tiall  seem  to  them  to  be  necessary,  and  may  order  a  trial 
iiereof  by  jury. 


59.  The  plaintiff  slnll  annex,  or  endorse  on  his  writ__ 
ltd  copy  thereof,  tlie  particulars  of  his  claim  in  the  form,  ^ 
t  to  the  effect  contained  in  Schedule  i.,  Dumber  9,    in  all 


454 


PLEADINaS  AND  PRACTICE. 


[Mbt  m. 


Ohap.  94. 


Bffieat  of  non-de* 
Uyery. 


OreditBtobe 
glTen. 

Be(-off  must 
be  pleaded. 


Bfleot  of  adop- 
ttoa  of  particu- 
kur*. 


Bommons  and 
order,  how  ob- 
tained. 


lime  to  plead 
afttsr  particalan 
deliveavd. 


Further  and  bet- 
ter particalan. 


cases  where  the  claim  is  for  a  debt,  or  liquidated  demand 
in  money,  with  or  without  interest  arising  upon  a  coutract 
express  or  imph'ed. 

60.  If  such  particulars  are  not  given,  the  plaintiff  shall 
not  be  entitled  to  final  judgment  on  non-appearance  of 
defendant. 

61.  The  plaintifTs  particulars  shall  give  credits,  if  there 
be  any. 

62.  A  set-off  by  defendant  shall  be  pleaded,  and  he  shall 
annex  to,  or  endorse  on  his  plea,  and  copy  thereof,  particu- 
lars of  such  set-off,  giving  credits,  if  there  be  any,  and  io 
default,  his  plea  may  be  treated  as  a  nullity ;  such  particu- 
lars shall  be  assimilated  in  form  to  those  in  Schedule  A, 
number  9. 

63.  Neither  plaintiff  nor  defendant  shall  be  at  liberty  to 
adopt  his  adversary's  particulars,  without  at  the  same  tiifke 
admitting  the  adverse  side  of  the  account  or  claim  as  pre* 
sumptive  proof  thereof. 

64.  A  summons  for  particulars  and  order  thereon  may 
be  obtained  from  a  judge  or  the  Prothonotary,  by  either 
party,  without  the  production  of  any  affidavit,  but  a  sum- 
mons and  order  for  further  or  hotter  particulars  stating 
dates,  credits,  &c.,  or  for  amending  particulars,  shall  be 
granted  only  by  a  judge,  and  upon  affidavit. 

65.  A  defendant  simll  be  allowed  the  same  time  for 
pleading,  after  the  delivery  of  particulars-under  a  Judge*d 
or  Prothonotary'8  order,  which  ho  had  at  the  return  day  ot 
the  summons  for  particulars  :  nevertheless,  judgment  shall 
not  be  signed  until  the  day  after  the  delivery  of  particulars, 
unless  otherwise  ordered  by  a  judge  or  prothonotary,  and 
the  judge  or  prothonotMry  raaj  order  further  time. 

66.  A  judge  may  grant  an  order  for  further  or  better 
particulars,  stating  dates,  credits,  &c.,  or  for  amending 
particulars,  upon  affidavit  and  without  summons  therefor. 


Common  bail 
abolished. 

Jadirment  by 
default. 


APPEARANCE,   AND   JUDGMENT   FOB  NON-APPEABANCE. 

67.  Common  bail  is  abolished,  and  the  appearance  shall 
be  in  the  form  in  Schedule  A,  number  12. 

68.  In  case  of  non  appearance,  where  particulars  are 
annexed  or  endorsed,  the  plaintiff  may,  after  the  time  for 
appearance  has  elapsed,  sign  final  judgment,  which  may 
be  entered  in  the  form  given  in  Schedule  A,  number  11^ 
and  on  which  no  proceeding  in  error  shall  lie,  for  any  sum 
not  exceeding  the  sum  mentioned  in  the  particulars,  with 
interest  at  the  rate  specified,  if  an\^to  the  date  of  judff^ 
ment,  and  taxed  costs;  but  the  plaintiff  shall  not,  in  aqra 
case,  be  entitled  to  recover  an^  sum  beyond  the  wm . 
mentioned,  with  interest  and  costs. 


TtTLM  XZm.]         PLBADtnas  AHD  PBACnCB.  4S6 

69.  A  party  may  appear  nt  any  time  before  jnd^ent  Chap.  94, 
bydefiiiiU;  and,  if  he  appear  after  the  time  specified  io  ipp^puioB. — 
the  writ  of  summons,  he  shall,  after  notice  of  anch  appear- 

SDce  to  the  plaintiff  or  hia  attorney,  an  llie  case  may  bo,  be 
in  the  same  position,  as  to  pleadiiigx  Find  other  proceedings 
in  the  action,  an  if  he  had  appeared  in  time:  provided 
always  that  a  defeiidnnt  appearing;  niter  (ha  time  appointed 
by  the  writ  shall  not  be  entitled  to  any  further  time  for 
pleading  or  any  otiier  proceeding  than  if  he  bad  appeared 
within  such  appointed  lime. 

70.  Every  appearance  by  the  defendant  in  person  shall  ^w«™iM^i^ 
contain  an  address,  at  which  it  shnll  be  enifficient  to  leave  uddmiot  d»- 
all  pleadings  and  other  proceedings  not  requiring  personal 

service  ;  and  if  the  address  be  jiot  given,  the  plaintiff  may 
proceed  by  posting  the  proceedings  in  the  Prolhonotary's 
office,  without  further  service,  until  the  true  address  be 
given. 

71.  In  case  of  non-appearance,  where  the  pf^rticalara  J,°'J^«j^ 
ire  not  given,  judgment  hy  default  maybe  signed  at  the  Unnat^^. 
expiration  of  the  time  fur  appearance;  but  no  codt^  shall  be 
alloived  in  respuct  ot  assessment  of  damages  unless  it  ehall 
appear  that   the   plaintiff  cnuld   not  cojiveniently   turniah 

the  pariiculars  at  the  time  ot  the  issno  ot  the  writ. 

7!i.  In  ncUons  for  tiie  recovery  of  debts,  wliere  a  JMdg-'™e"'«n»o' 
ment  fur  default  has  benn  markud,  llie  Court  or  a  judge  miSSf***  "* 
may  assess  tlie  dumiiges  on  campot^nt  evidence  in  writing, 
or  viva  voce;  and  tim  attendance  of  witnexseR  an^  the  pm- 
daction  ot  documents  beloro  the  Cnnrt  or  a  judge  may 
be  enforced  by  subpoana,  in  the  game  manner  as  apon  the 
trial  of  a  oanse  before  a  jui'y-  Upon  such  a^^sessment, 
•igned  by  the  Judge  or  Prullionotai-y,  boiug  tiled,  the  costs 
in  the  action  may  be  taxed  and  Unal  judgment  entered 
tiiereon. 

7S.     Either  party,  upon  doe  application  to  tlie  Court  orA-wmmtby  i 
tjodge,  may  have   tlie  assesenioiit  made  by  a  jury,  or  ati"^    "" 
tBf  assessment  to  be  made  before  the  Court,  if  the  Court 
thould  (bink  lit,  by  a  special  jury  ;  and  at  any  assessment 
befure  a  judge,  he  may  order  such  assessment  to  be  made 
by  a  jury. 

74.  In  any  action  brought  against  two  or  more  defen-wneooaij^ome 
dants,  wjjure  the  writ  ul  summons  is  endorsed  in  theioniLuitiippwr. 
Rpeciul  ftirm  hereinbefore  provided,  if  only  one  or  more  of 
ttie  defendants  Hhall  appear,  and  another  or  others  of  them 
«Wlt  not  appear,  it  sh^ll  bo  lawful  for  the  plaintiff  to  sign 
jnilgment  against  such  defendant  or  defendants  only  as 
lltsll  not  have  appeared,  ami  to  issue  execution  thereupon  ; 
in  which  case  be  Bhail  bu  taken  to  have  abandoned  hi* 
utiou  against  the  defemhint  or  defendants  who  shall  have 
^paared,  and  such  defeudaot  or  defendants  shall  bo  en- 


456  PLEADINGS  AND  PBACTICB.  [PART  IH. 

Chap.  94.  titled  to  their  costs ;  or  the  plaintiff  may,  before  issuiDg 
such  execution,  proceed  against  such  defendant  or  defend- 
ants as  shall  have  appeared,  stating,  by  way  of  suggestion, 
the  judgment  obtained  against  the  other  defendant  or 
defendants  who  shall  not  have  appeared;  in  which  case 
the  judgment  so  obtained  against  the  defendant  or  defend- 
ants who  shall  not  have  appeared  shall  operate  and  take 
effect,  whether  the  plaintiff  succeeds  against  the  other 
defendant  or  defendants  or  not. 

Opening  Judgment. 

Parties  admitted  76.  It  shall  be  lawful  for  the  Court  or  a  judge,  upoD 
flaafjudgment.  such  torms  as  to  costs  or  otherwise  as  they  shall  think  fit, 
at  any  time  within  one  yeai;  after  final  judgment,  to  let  io 
the  defendant  in  any  action  or  appeal  to  defend  the  same, 
upon  an  application,  supported  by  satisfactory  affidavits, 
accounting  for  his  non-appearance  and  disclosing  a  defence 
upon  the  merits  with  the  particular  grounds  thereof;  and 
affidavits  shall  not  be  received  in  reply,  unless  the  Court 
or  a  judge  shall  otherwise  order. 

SUMMARY  A>T)   APPE.VL   CAUSES. 

Debta  under  J80,      76.     All  actious  for  the  rocovery  of  debts,  under  eighty 
IwTOmi!*^'^     dollars,  shall  be  brought  in  a  summary  manner,  and  the 

presiding  judge  may  determine  the  same,  or  order  a  trial 

by  jury. 
Appellant  to  77.     Jq   appeal    causes   the   appellant   shall   cause   hi& 

enlerappealon  l   *      u  i  i  xi  \      j.       i 

dfloket.  appeal  to  be   onterod  on   the  uocket  ot  summary  causos, 

and  in  case  ho  shall  neglect  to  enter  the  same  the  original 

judgment  shall  be  affirmed,  at  the  instance  of  the  oppo^site 

party,  with  costs. 

Appeals  to  be         78.     In  all  causes  brought  up  by  appeal  and  contested^ 

anew.        ^j^^  Court  shall  try  the  same  anew. 
Jury,  how  Ob-         79.     In  Summary  and  appeal  causes  the  application  for 
tainwi.  a  jury  must  be  by  affidavit  to  the  Court;  and  it  shall  bo 

discretionary  with  the  Court  to  grant  the  same. 

Judgment npon       80.     In  appeal   causes  where  the  original  judgment  is 

Ku^.'  °^       affirmed,  the  final  judgment  shall  include  the  debt  and 

costs  below,  with  the  further  costs;  and  execution  shall 

issue  for  such  debt  and  costs,  or  for  costs  only,  as  the  case 

may  require.     Where  the  original  judgment  is  reversed 

after  the  same  has  been  enforced,  the  final  judgment  shall 

include  the  amount  levied  under  the  original  jodgmeot, 

together  with  the  costs  of  the  reversal. 

Respondent's         81.     In  appeal  cases  the  respondent  may  take  oat  ex- 

jS^ent**^      ecution   agjiinst   the   appellant,  or  have   recourse  to  the 

appeal  bond, 
suramarj  82.     In  futuro  the  summary  causes,  in  all  the  coantiet 

«n^whento  except  Halifax,  shall  be  brought  to  trial  and  beard  on  the 


HTLB  XXm.]  PLBADINQS  ^MD   PRACTICE.  4fi7 

firat  day  of  the  torm,  and  the  jury  cauaos  taken  np  imme-  Ohap.  94. 
dJately  afterwards. 

83.  At  Halifax  Bummtiry  causes  shall  be  set  dowu  and  ^'°i™„ 
tried  on  the  first  day  of  the  Bittings.  luujj?."" 

84.  Allsuinmary.auli-summary,  appeal,  and  other  canaes  ibybctriMi 
returnable  at  Halifax,  which  can  now  be  hoard  in  a  sum-  ^'oblmblS^ 
mary  way,  may  bo  tried  before  a  judge  at  chambars  in 
vacation,  if  the  pUintiFF  in  the  suit,  or  the  appellant  or 
appellee  in  cases  of  appeal,  shall  desire  to  bring  on  the 

trial  before  the  then  next  sittings  of  the  Supreme  Court; 
and  causes  other  tli  an 'summary  may  ba  triad  in  like  man- 
ner, it  both  parties  consant  thereto  in  writing. 

85.  Ten  days' notice  shall,  in  such  case,  be  given  to  HotiMottriiL 
the  defendant,  or  by  either  the  appellant  or   appellee   in 

case  of  appeal,  or  his  attorney,  of  th'<  time  and  place  of 
trial,  if  the  defendant  resides  in  the  county  ; — twenty  days 
if  in  any  part  of  the  Province,  except  Cape  Breton;  and 
thirty  days  if  within  that  Island. 

86.  In  all  other  counties  such  causes,  if  not  disposed  of  how  triad  in 
QQ  the  first  day  of  the  term,  may  be  tried  either  in  Court  or  '■'•'""«»«"- 
at  chambers  on  any  other  day  in  term. 

87.  All  parlies  required  to  attend  and  give  evidence  at  p>nt«iHiuidto 
the  trial  or  to  produce  books,  papers,  deed^t,  or  other  docu- """'*■*''■ 
menta,  and  not  appearing  and  not  producing  such  docu- 
ments, shall  be  subject  to  tlie  same  punaitiax  as  if  the  trial 

had  tiiken  place  before  the  Court,  and  the  judge  shall  have 
the  same  control  over  the  proceedings. 

88.  The  Court  may,  from  time  to  time,  make  rules  to  oourt mavntn- 
legnlate   the  practice,  and  direct  when  and  where  such  '*"'~*"- 
tnals  ehqll  take  place. 


89.  The  addition  and  place  of  residence  of  every  par-  Addjti«uot 
IBD  making  affidavit,  except  the   same  is   made  in  a  cause  ^^^"^^ 
)f  any  of  the  parties  thereto,  shall  be  inserted  therein. 

90.  Where  iin  iifliJavit  is  made  before  a  judcce,  a  Pro- indsTitormit- 
feonntnry  nr  a  commissioner  of  the  Court,  by  a  party  who  •'■^t*™"- 
from  hirt  signature  appears  to  be  illitarate,  tha  party  taking 

tt)e  ftffidiivit  sliall  titute  in  the  jurat  that  it  was  read  and 
ocplaiued  or  words  to  that  effect.. 

fll.     Every  affidavit  shall  be  drawn  up  in  the  first  per-  itaietotpm- 
•on,  and  shall  be  divided  into  paragraphs,  pnd  every  para-'*^' 


Smph  shall  be  numtiit red  consecutively.and  as  nearly  as  may 
6b  shall  be  conSned  to  a  distinct  portion  of  the  subject. 
No  costs  shall  be  allowed  for  any  affidavit,  or  part  of  an 
<^davit  subctantiatly  departing  from  this  rule.  No  affida- 
yit  shall  be  read,  or  made  use  of  in  any  matter  depending 
Id  Court,  in  tho  jurat  of  which  there  shall  beauy  interli&tm- 
tiou  or  ar^ure. 


468 


PLBADINOS  ANp   PRACTICE. 


[PART  nr. 


Affidavit  in 


Chap.  94.  92.  Upon  motiond  founded  upon  affidavits,  it  shall  he 
"  lawful  for  eilljer  party,  with  leave  of  the  Court  or  a  jndge, 
to  make  afiidavitH  in  answer  to  the  affidavits  of  the  oppo- 
site party,  upon  any  new  noatter  arising  out  of  such  affida- 
vits, subject  to  all  such  rules  as  may  hereafter  be  made 
respecting  such  affidavits. 


Ftea  of  abate- 
ment for  misno- 
mer not  to  be 
allowed. 


Joinder  of  too 
manv  plaintiffs 
■ot  fatal. 


Set-off  aaainiit 
plaintiff  Impro- 
perly joined. 


Kon-joinder  of 
plaintiff. 


How  amended. 


Parties  Joined  as 
plaintifh,  how 
etrodc  oat. 


MISNOMER  AND  JOIXDEB  OF  PAilTIES. 

93.  No  plea  in  abatement  for  mis^nomer  shall  be  allowed 
in  any  action  ;  but  in  cases  of  misnomer  the  defeudaot 
may,  upon  a  judge's  summons,  founSod  on  an  affidavit  of 
the  right  name,  cause  the  writ  to  bo  amended  at  the  cost 
of  the  plaintiff  by  inserting  the  right  name  ;  and  in  case 
such  summons  be  discharged,  the  judge  may  give  costs  io 
his  discretion. 

94.  The  joinder  of  too  many  plaintiffs  shall  not  bo  fatal 
to  any  action,  but  the  plaintiff  or  plaintiffs  entitled  may 
recover. 

95.  The  defendant  in  any  action  in  which  there  i.s  more 
than  one  plaintiff,  on  pleading  a  set-off,  may  obtain  the 
benefit  of  the  set-off  on  proving  either  that  all  the  partis 
named  as  plaintiffs  are  indebted  to  him,  notwithstanding 
that  one  or  more  of  such  plaintiffs  was  or  were  improperiy 
joined,  or  on  proving  that  the  plaintiff  or  plaintiffs,  or  any 
or  either  of  them  who  establish  their  right  to  maintain  the 
action,  was  or  were  indebted  to  him. 

96.  The  nonjoinder  of  a  person  as  plaintiff  in  any 
action  shall  be  a  variance  to  be  amended  at,  or  at  any  time 
before,  the  trial  by  the  Court  ora  judge,  if  it  shall  ap(>oar 
that  such  non-joinder  was  not  for  the  purpose  of  obtaining 
an  undue  advantage,  and  that  injustice  would  not  be  done 
by  amending,  and  that  the  omitted  party  consent  to  be 
joined  as  a  co-plaintiff:  provided,  however,  that  no  such 
amendment  shall  be  made  if  the  defendant  shall,  at  or  before 
the  time  of  pleading,  have  given  notice  to  the  plaintiff 
that  he  objects  to  such  non-joinder ;  and  also  that  when  a 
plaintiff  shall  be  added,  the  defendant  shall  be  at  liberty 
to  withdraw  his  plea,  and  allow  judgment  to  bo  entered 
against  him,  in  which  case  the  defendant  shall  be  entitled 
to  tax  his  costs  up  to  the  time  of  such  plaintiff's  being 
added,  and  have  execution  against  the  plaintiff  therefor. 

97.  In  case  such  notice  be  given,  or  any  plea  of  non- 
joinder be  pleaded,  the  plaintiff  shall  be  at  liberty,  with- 
out any  order,  to  amend  the  writ  and  other  proceedings, 
by  adding  the  name  of  the  person  alleged  to  have  beeft 
improperly  omitted  as  plaintiff  on  payment  of  costB,  add 
with  liberty  for  the  defendant  to  plead  anew. 

98.  The  Court  or  a  judge  may,  at  any  time  before,  or 
at  the  trial^  order  that  any  person  or  persons  originally 


nxu  xxm.]       rutkuviQs  ihd  sbaoiiob.  460 

joiaed  aa  plaintiff  or  pIsintilTt)  bIhUI  be  fltrack  ont  fmm  Chip.  94. 

Mch  CttUMs.  if  it  aliHll  itppHar  to  the  Court  or  n  joilge  by ' 

affidavit  thiit  tlie  person  or  peraoiia  to  be  Btnick  ont  as 
iforsdtiid  were  nrigiimlly  iatrodaced  without  Iiia  or  thoir 
ooDseiit,  or  that  Buch  person  or  persons  consent  in  writing 
to  ba  etrucW  out.  In  case  sucii  niieiidnient  as  in  this  niid 
the  procading  Hections  bo  made  at  tiie  trial,  it  simll  be 
made  upon  oucli  terms  as  to  the  postponement  of  the 
trial,  or  otburwisu  as  the  presiding  judge  shall  deora 
proper. 

:S9.  Where  too  many  detendants  are  joined  in  an  action  i-Aaierot  im 
on  contract,  tite  plaintiff  shnll  be  at  liberty  to  recover  ^^^ 
against  hiicIi  dofendant  or  dufeudantii  as  appear  to  be 
liable ;  anfl  tlie  other  defendnuts  aliall  he  acqaittsd,  with 
like  provisions  respecting  set-off,  and  evidence  aa  in  the 
ease  of  too  many  plaintiffs,  and  the  defendants  so  acquitted 
shall  bceutitled  to  their  coats. 

100,  V\ntn  a  piea  in  abatement  of  non-joioderof  a  co^on-  '•*'■,''■•■ 
tractor  aa  defendant,  the  plaintiff  may,  without  any  order,  iDbder. 
amend  hia  writ,  serve  the  amended  writ  on  the  added  de- 
feadiiiit,  and  proceed  againat  both;  and  the  date  of  auch 
amendment  tiliall,  as   between  such  added  defendant  and 

the  plaintiff,  be  oonaidered  the  commencement  of  the  suit. 

101.  In  such  caae,  if  upon  the  trial  of  the  cause  it""** 
■hall  appear  that  the  added  defendant  waa  jointly  liable, 
iritb  the  original  defunditnt,  the  original  defendant  shall  he 
sotitled  Co  the  coxla  of  the  plea  in  abatement  and  amend- 
nent ;  but  if  at  tlie  trial  it  ahall  appear  that  the  plaintiff 
eMinot  maintain  his  action  againat  the  original  and  added 
defeoidanla.  hut  can  maititain  hia  action  against  the  original 
lafaodant  alone,  the  added  defendant  shall  be  acqnitrod 
with  cunts,  and   the   plaintiff  shall  be  entitlod  to  recover 

SlinsC  the  original  deteiidant  with  coats,  iuctuding  those 
iiite  plea  in  abatement,  and  such'  costs  as  the  plaintiff 
Mybave  tu  pay  the  added  defeudant. 


K^ih 


)   MABPXAOB   OP   PAKTIBB, 


!Fhe  death  of  a  plaintiR*  or  defendant  shall  not  d«ui  at  puty 
t  the  aclion  to  abate,  but  it  may  be  continued  in  man-  SSSw.*'*'* 
Bar  and  nnilur  thu  ro.ttrictious  hereinafter  mentioned. 

103.  If  there  be'two  or  more  plaintiffs  or  dutendants  DeuhofnMc 
*od  one  or  more  of  them  ahall  die,  if  the  cituse  of  such  "^'^f^^ 
■ctiou  almll  survive  to  tlie  surviving  plaintiff  or  plaintiffs, 
Ofagairiottho  surviving  defendant  or  defondanta,  the  action 
(htirnutho  thoroby  a  United ;  but  such  death  being  aiig- 
gsiled  upon  the  record,  the  action  nhall  proceed  at  the  anit 
°ftlie  HUrviviui^  pluiiiliff  or  plaiotiffd  against  (he  surviving 
dofsQdaut  01'  dHluuduuta. 


460  PLEADINGS  AND   PBACTIOE.  [PABT  m. 

Chap.  94.      ^  104.    Id  case  of  the  death  of  a  sole  plaintiff,  or  sole  snr- 
or  ■Die  puintiff!  viving  plaintiff,  the  legal  representative  of  such  plaintiff 
may  at  any  time  within  two  years  after  such  death,  by 
leave  of  the  Court  or  a  judge,  enter  a  suggestion  of  the 
death,  and  that  he  is  such  legal   representative,  and  the 
action  shall  thereupon  proceed  :  and  if  such  suggestion  be 
made  before  the  trial,  the  truth  of  the  suggestion  shall  be 
tried  thereat,  together  with  the  cause  of  action  of  the  deceas- 
ed plaintiff;  and  such  judgment  shall  follow  upon  the  ver- 
dict in  favour  of  or  against  the  person  making  the  suf^- 
gestion,  as  it  such  person  were  originally  the   plaintiff; 
and    the  defendant   or  person  against    whom  the   action 
may  be  so  continued   may  apply   by   summons   to   com- 
pel  the   plaintiff,    or   person    entitled   to    proceed    with 
the  action  in  the  room  oi  the  plaintiff,  to  proceed  accord- 
ing to  the  provisions  of  this  Chapter,  within  6uch  time  as 
the  judge  shall  order;  and  in  default  of  such  proceeding 
the  defendant,  or  other  person  against  whom  the  action 
may  be  so  continued  as  aforesaid,  shall  bo  entitled  to  enter 
a  suggestion  of  such  default,  and  of  the  representative 
character  of  the  person  by  or  against  whom  the  action 
may  be  proceeded  with,  as  the  case  may  be,  and  to  have 
judgment  for  the  costs  of  the  action  and  suggestion  against 
the  plaintiff,  or  against  the   person  entitled  to  proceed  in 
his  room,  as  the  case  may  be,  and  in  the  latter  case  to  be 
levied  of  the  goods  of  the  testator  or  intestate. 
Of  joie  defend-        105.     In  cat»o  of  the  death  of  a  sole  defendant  or  sole 
surviving  defendant,  where  the  action  survives,  the  plain- 
tiff may  make  a  suggestion,  either  in  any  of  the  ploadingfl, 
if  the  cause  has  not  arrived  at  issue,  or  in  the  issue,  if  it 
has  80  arrived,  of  the  death,  and  that  a  person   named 
therein  is  the  executor  or  administrator  of  the  deceased; 
and  may  thereupon  serve  such  executor  or  administrator 
with  a  copy  of  such  writ  and  suggestion,  and  with  a  notice 
signed  by  the  plaintiff  or  his   attorney,    requiring    such 
executor   or   administrator   to    appear  and  plead    within 
twelve,  eighteen,  or  twenty-four  days,  as  the  case  may  be, 
after  service  of  the  notice,   and  that  in  default   of  his  so 
doing,  the  plaintiff  may  sign  judgment  against  him  as  such 
executor  or  administrator  ;  and  the  same  proceedings  may 
be  had  in  case  of  non-appearance  and  plea,  after  such  notice 
as  upon  a  writ  against  such  executoV  or    administrator, 
in  respect  of  the  cause  for  which  the  action  was  broaghi 
In  case  no  pleadings  have  taken  place  before  the  death, 
the  suggestion  shall  form  part  of  the  declaration,  and  the 
declaration  and  suggestion  may  be  served  together ;  and 
the  new  defendant  simll  plead  thereto  at  the  same  tiaw; 
and  in  case  the  plaintiff  shall  have  served  his  deoIamtioO) 
but  the  defendant  shall  not  have  pleaded  before  the  daatbi 


ITLB  XXm.]  PLEADmOS  AMD  PRACTICB.  461 

he  new  ilefendaot  shall  plead  at  the  same  time  to  the  de-  Chap.  94. 

laration  and  Buggestinn  ;  aud  in  case  the  defendant  flhall 

ave  pleaded  before  the  death,  the  new  defendant  shnll  be 
t  liberty  to  plead  to  the  anggestion,  ouly  by  way  of  denial, 
r  ench  plea  as  may  be  appropriate  and  rendered  neces* 
ary  by  his  character  of  execntor  or  admrnistratur,  unless, 
ly  leave  of  the  Court  or  a  judge,  he  should  be  permitted 
n  plead  fresh  matter  in  answer  to  the  declaration  ;  and,  in 
ase  the  defendant  shall  have  pleaded  before  the  death, 
■Qt  the  pleadings  shall  not  have  arrived  at  issue,  the  new 
lefendant,  besides  pleading  to  the  suggestion,  shall  con- 
iuae  the  pleadings  to  issue  in  the  same  manner  as  the 
[eceased  might  have  done,  and  the  pleadings  upon  the 
leclaration  and  pleadings  upon  the  suggeetioo  shall  be 
ried  together ;  and  in  case  the  plaintiff  shall  recover,  he 
ibaU  be  entitled  to  the  like  judgment,  in  respect  to  the 
lebt  or  sum  sought  to  be  recovered,  and  in  respect  of  the- 
Mists,  prior  t»  the  suggestion,  and  in  respect  of  the  costs, 
if  the  snggestion  and  subsequent  thereto,  as  in  an  action 
triginally  commenced  against  the  executor  or  admiuistra* 
or. 

106.  The  death  of  either  party,  between  the   verdict  ^^•**'f'« 
ind  the  judgment,  shall  not  hereafter  be  alleged  for  error,  jadament. 

10  as  such  judgment  be  entered  within  two  terms  after 
inch  verdict,  or  such  other  time  as  the  Court  may  allow. 

107.  If  the  plaintiff  in  any  action  happen  to  die  after '^""^  p*^"' 
lO  interlocatory  judgment  or  verdict,  and  before  a  final  uriMnt^un' 
udgment  obtained  therein,  the  action  shall  not  abate  by '°^'"''*™"' 
-aasoD  thereof,  if  such  action  might  have  been  originally 
irosecnted  or  maintained  by  the  executor  or  administrator 

tf  each  plaintiff;  and  if  the  defendant  die  after  such  inter- 
OOQtory  judgment  or  verdict,  and  before  final  judgment 
ibbuned  therein,  the  action  shall  not  abate,  if  such  action 
mgbt  be  originally  prosecuted  or  maintained  agninst  the 
necutor  or  Hilrniiiii-lnttDr  of  such  defendant;  and  the 
ihiintifT,  or  il  ho  be  (iead  after  such  interlocutory  judg- 
oeot,  his  executors  or  administrators,  may  have  a  writ  of 
revivor  agninst  the  di-tendant,  if  living,  after  such  inter- 
locotory  judgment  or  verdict,  or  it  he  be  dead,  then  against 
Ilia  executors  ur  iidministratora.  to  shew  cause  why  dam- 
iges  in  such  action  should  not  be  assessed  and  recovered 
by  htm,  or  them  ;  and  it  stich  defendant,  his  executors  or 
idministratorg,  shall  appear  at  the  return  of  such  writ,  and 
Qot  show  or  allege  imy  matter  sufficient  to  arrest  final 
judgment,  or  shall  make  dufault,  damages  shall  be  there- 
upon assessed  as  hereinbefore  provided  ;  and  upon  the 
return  ol  the  writ  or  dolivory  of  the  order,  with  the 
iroount  endorsed  thereon,  final  judgment  shall  be  given  for 
the  plaiotiff,  his  executors  or  ndminietratora,  prosecating 


462  PLEADINGS  AND  PBACTIOE.  [PART  TO. 

Chap.  94.    s^^ch  writ  of  revivor  agaiust  sach  defendant,  bis  executors 

or  administrators,  respectively. 

loffe-       lOS.     The  marriage  of  a  woman,  plaintiif  or  defendant, 

SibmS^nott? shall  not  causo  the  action  to  abate;  but  the  action  may, 

abAteootion.  notwithstanding,  be  proceeded  with  to  judgment,  and  such 
judgment  may  be  executed  against  the  wife  alone,  or,  by 
suggestion  or  writ  of  revivor  pursuant  to  this  Chapter, 
judgment  may  be  obtained  against  the  husband  and  wife, 
and  execution  issue  thereon ;  and  in  case  of  a  judgment 
for  tiie  wife,  execution  may  be  issued  thereupon  by  the 
authority  of  the  husband,  without  any  writ  of  revivor  or 
suggestion;  and  if  in  any  such  action  the  wife  shall  8Q6 
or  defend  by  attorney,  appointed  by  her  when  sole,  such 
attorney  shall  have  authority  to  continue  the  action  or 
defence,  unless  such  authority  be  countermanded  by  the 
husband,  and  the  attorney  changed  according  to  the  prac- 
tice of  the  Court. 

OF    SECUniTY   FOB   COSTS. 

Application  for,      109.    An  application  to   compel  the   plaintiflT  to  eire 
'  security  for  costs  must  in  ordinary  cases  be  made  before 
issue  joined  ;  and  the  bail  shall  justify  as  in  other  cases. 

How  obtained.  HQ.  Auy  Prothouotary,  in  the  absence  of  the  judge 
from  the  county,  shall  have  power  to  grant  orders  for  the 
stay  of  proceedings  in  a  cause  until  security  for  costs  be 
filed,  upon  sufficient  grounds  laid  by  affidavit  in  the  same 
way  as  such  orders  are  now  granted  by  the  Supreme  Court 
or  a  judge  ;  but  any  part}''  dissatisfied  with  a  Prot  ho  notary's 
decision  may,  at  any  time  within  twelve  da^'s  thereafter, 
apply  to  the  Supreme  Court,  upon  motion,  or  to  a  judge 
at  chambers,  by  summons  upon  affidavit,  for  a  re-hearinfi:. 
A  plea  filed  in  the  meantime  or  other  proceeding  taken  on 
the  part  of  the  plaintiff  or  defendant,  shall  not  prejudice 
the  party  claiming  a  re-hearing. 

^n^' wcurit-  ^^^'  ^^here  the  plaintiff  shall  fail  to  give  security  for 
costs  within  twelve  months  after  service  upon  him  or  bie 
attorney  of  a  rule  or  order  therefor,  he  shall  be  deemed  oat 
of  Court. 

QX7KSTI0N8  KAI8KD   BY  C0N8BNT   WITHOUT  PLEADIXGS. 


SrSted'fST^        112.    The  parties,  alter  writ  issued,  may,  by  leave  of  the 
trial  without      Court  or  a  judge,  state  any  question  for  trial,  which  they 
^*         may  think  fit,  without  any  pleadings,  and  with  or  without 
an  agreement,  that  according  as  it  may  be  determiQed|M' 
agreed  sum  of  money,  or  a  sum  to  be  ascertained  by  Ibo* 
jury,  shall  be  paid,  and  as  to  payment  of  costs. 
Jttdgmcnttoere.     113.    Upou  sucli  finding,  judgment  may  be  eoteredi  tnd-^ 
the  proceedings  recorded. 


TtlLI  ZXm.]  FLBADIMOS  18D  PBACTICB.  448 

114.  QaestioDB  of  law,  after  writ  iasiied,  may  be  stated  Ch'ap,  94. 
foT  tli8  opinion  of  the  Court  witliont  pleading,  and  with  Qo«tion« or 
similar  agreements  aa  to  money  and  coats  to  be  recovered, '••''"""■•"I- 
and  with  or  witfaont  an  agreement  ta  bring  errors,  whioh 

may  be  brought  when  agreed. 

115.  The  defendant  Bhatl  appear  and  plead  within  four  iMeDduti 
daye  after  the  time  specified  in  tiie  writ  for  hiitappeiirKORe.  u^SliSS^ 

116.  Every  declaration,  wliethar   in  the    body  of  thol^' 

irrit  or  annexed,  and  snbaeqnent  pleadings  which  shall  rariMiiugau* 
clearly  and  diatinctly  state  all  such  matters  of  fact  as  are  J^U^SSgl"^ 
necessary  to  sustain  the  action,  defence,  or  reply,  as  the 
case  may  be,  shall  be  aufHoient;  and  it  shall  not  be  neces* 
sary  that  soch  matters  shonid  be  stated  in  any  technical  or 
formal  language  or  manner,  or  that  any  technical  or  formal 
ttatementa  shonid  be  used. 

117.  All  statements  which  need  not  be  proved,  sach  as  immitciTU 
the  statement  of  time,  quantity,  quality  and  value,  where  J^'i^ESS^" '°  *■ 
these  are  immaterial,  tliat  of  losing  and  finding,  and  bail- 
ment in  notions  for  goods  or  their  value  ;  the  statement  of 

acts  of  trespass  having  been  committed  with  force  and 
amifl,  and  against  the  peace  of  our  Lady  the  Queen ;  the 
Btfttement  of^  promises  which  need  not  be  proved,  as  pro- 
mises in  indebitatus  counts  and  mntual  promises  to  perform 
aereeraents,  and  the  like  statements  shall  be  omitted  ;  and 
wnen  any  clearly  unnecessary  statement  is  made  or  any 
statement  is  made  with  unnecessary  prolixity,  as  for  in- 
stance, where  evidence  of  the  fact  is  pleaded  instead  of  or 
as  well  as  the  matter  of  fact  itself,  or  otherwise,  it  may  be 
sbmck  out  or  aoieuded  by  the  Court  or  a  judge  with  or 
witbont  costs. 

118.  In  summary  causes   the   defendant  shall  not  be  iiopi«r«qDind 
remired  to  file  or  serve  a  written  plea;  but  ha  shall  file f^,^*"*^ 
■od.  serve   a   written  notice   of  appearance,  in  which  he 

[   shall  state  brieiiy  tliu  grounds  of  his  defence  ;  and,  if  be 
'  meaaa  to  rely  upon  a  set-off,  tie  shall  serve  the  plaintiff  or 
his  attorney  with  the  particulars  thereof- 

119.  No  venue  sh'dl  be  changed  without  a  special  order  oa-aetoitaat. 
or  the  Court  or   a  judge,  unless   by   the   consent  of  the 
partjes. 

120.  The  name  of  the  county  in  the  writ  shall  in   all  NonDiKia 
oases  be  taken  to  be  the  venue  intended  by  the  plaintiff;  "^"''^ 
and. no  venue  shall  be  stated  in  the  body  of  the  writ  or 
declara'ion,  or  in  any  subsequent  pleading:  provided  that 

.   ia  cases   wliere    local   description  is  uow   required,  such 
local  description  shall  be  given. 

121.  Either  party  may  object  by  demurrer  to  the  ptaad-^ 
ings  of  the  adverse  party,  on  the  grouod  that  snob  plead- 


464  PLEADINGS  AND  PRACTICE.  [PABT  m. 

Chap.  94.    ^^S^  ^o  not  set  forth  sufficient  ground  of  action,  defence 
or  reply,  as  the  case  may  be  ;  and  where  issue  is  joined  on 
demurrer,  tho  Court   shall   proceed  and  give  judgment 
according  as  the  very  right  of  the  cause  and  matter  in  law 
shall  appear  unto  them,  without  regarding  any  imperfec- 
tion, omission,  defect  in,  or  lack  of  form  ;  and  no  judg- 
ment shall  be  arrested,  stayed,  or  reversed  for  any  such 
imperfection,  omission,  defect  in,  or  lack  of  form. 

pJ2d**by  tea"*      122.     Either  party  may,  by  leave  of  the  Court  or  a  jndgOi 
upon  sufficient  cau^e,  and  supported  by  affidavit,  plead  and 
demur  to  tho  same  pleading  at  the  same  time  ;  and  it  shaU 
be  in  the  discretion  of  the  Court  or  a  judge  which  issu^ 
shall  be  first  disposed  of. 

Defects  in  form,  123.  Exccpt  iu  the  cascs  hereinafter  particularly  ID® ^ 
tioned,  no  pleading  shall  be  deemed  insufficient  for  any 
defect  now  objectionable  on  special  demurrer  only. 

mentot??en«°"      ^^^'     DupHcity,    argumentativeness,  and    uncertaintyi 

and unoertainty.  shall  bc  uo  longer  grouuds  of  objoction  to  a  pleading,  tt*^* 
less  the  effect  of  such  duplicity,  argumentativeness,  <^^ 
uncertainty  shall  be  to  embarrass  the  opposite  party:  l^^^ 
if  any  pleading,  by  reason  of  duplicity,  argumentativenes^i 
or  uncertainty,  shall  bo  so  framed  as  to  embarrass  or  mi^ 
lead  the  opposite  party,  it  shall  be  competent  to  the  latter 
to  apply  to  a  judge  to  have  such  pleading  amended ;  whi^' 
application  shall  be  by  summons,  wherein  the  party  shsli 
state  the  particular  ground  of  objection;  and  require  tbBt 
the  pleading  be  amended. 

TiS^d^!****^        125.     Upon  the  hearing  of  such  summons,  if  the  judg^ 
shall  be  of  opinion  that  the  objection  is  well  founded,  ao^ 
that  the  pleading  is,  in  the  matter  objected  to,  so  plead^^ 
as  to  embarrass  or   mislead  the  opposite  party,  he  tO^J 
order  the  party  pleading  to  amend  in  such  manner  as  l*^ 
may  direct  upon  the  payment  of  costs;  and  in  the  evOP* 
of  such  amendment  not  being  made  within  a  limited  tipci^f 
the  party  complaining  shall  be  at  liberty  to  demur;  but  ** 
the  judge  shall  not  be  of  such  opinion,  he  shall  dismiss  th^ 
summons  with  costs;  and  the  party  complaining  shall  ha»^^ 
no  further  right  of  objection  as  to  tho  point  mentioned   * 
the  summons,  or  as  to  any  other  point  of  duplicity,  ar^*^' 
mentntiveness,  or  uncertainty. 

SS'^uT^i^^*^      126.     The  powers  conferred  upon  a  judge  under  the 

powers.  last  sectioHs,  may  be  exercised  by  the  Court.  4 

SSS!dSicttve       ^^'-     ^  demurrer  on  any  such  ground  shall  state  tt*^^ 
'  it  is  pleaded  by  leave,  and  shall  repeat  the  objection  tsic^ 
in  the  summons,  and  that  only.  ^^ 

d2mww*°°         128.     Upon  the  argument  of  such  demurrer  the  Oot^ 
emurrcr.         Q}if^]\  give  judgment  according  to  the  validity  or  iavalidi^ 
of    the   specified    objection   and   the    sabstance    of  t^^ 
pleading. 


;  XZm.]  PUADINGB   iKD   PftACTICB.  49t 

9,    The  form  of  a  demurrer  shall  be  as  followa: —        Chap.  94. 


e    plaintiS'  {or  defendant]    by his    attornej,  ronn  ot  de- 

1  pertori]  enye  that  the  declaratioo  [or  plea,  <6c.,]  is  """«■■ 
□  substance,  for  tlie  fullowing  reasoDB,  viz.: 

3.     The  form  of  a  joinder  in  demurrer  in  all  caaes  shall  ^™<^i<^''*»' 
.  follows : 

e  plaintiff  [or  defendant]  eays  that  the  declaration  [or 
(£c.,]  is  good  in  Hubstaiice. 

1.  In  every  ilemurrer  some  matter  ot  law  intended  MaUerottair  to 
argued  shall  be  stated  ;  and  if  any  demurrer  sball  bo  **'""**■ 

area  without  Buch  statement,  or  with  a  frivoloas 
Dient,  it  may  he  set  aside  as  irregular  by  the  Court  or 
ge,  and  leave  may  be  given  to  sign  judgment  as  for 
of  a  plea;  bnt  llie  party  demurring  m<i,v,  at  the  time 
<o  argument,  insist  upon  any  further  mutters  ot  law, 
li  have  beeo  added  to  tlie  demurrer  by  a  judge's  order. 

2.  No  rule  for  joinder  in  demurrer  shall  be  required;  joindenMj  be 
ho  party  demurring  may  demand  a  joinder  in  demur- ''"°"''^" 
\nd    the  opposite  party  shall  be   bound,  within  ten 

after  such  demand,  to  deliver  the  same,  otherwise 
nenr. 

{.     The  Court  or  a  judge  shall,  in  al!  cases,  have  power  p*im,  friwion., 
ob  terms  as  to  costs  or  otherwise  as  they  shall  think  p'e^^i"^ 
set  aside,  in  whole  or  in  part,  false,  frivolous  or  vex- ■"''''■ 
1    pleadings,   and   pleadings    colorably   amended  in 
nded  compliance  with  a  judge's  order  to  amend. 
I.     The  forms  contained  in  Schedule  B  shall  be  suffi-  ^>™i'. 
;  and  those  aud  the   like  forms  may  be  used,  with 
modifications  as  may  be  necessary  to  meet  the  facts 
»  case  :  but  nothing  herein   contained  shall  render  it 
eODB  or  irregular  to  depart  from   the   letter  of  such 
tf  M>  long  as  tho  substance  is  expressed  without  pro- 

L    In  all  actions  upon  bills  of  exchange  and  promis- Pi«"in«un" 

BOtefl,  pleas  that  the  defendftof  never  was  indebted,"  ctaajB.  lU"' 

lid  Dot  promise  as  alleged,"  shall  he  inadmissible.     In 

actions,  therefore,  a  plea  in  denial  must  traverse  some 

ir  of  fact :  lor  ex:ii]i[jle,  tho  dniwing,  or  making,  or 

■sing,  or  accepting,  ur  presenting,  or  notice  of  dis- 

•ot  the  bill  or  note. 

i.     lu  every  species  of  actions  on  contracts,  all  mat-P^™™"- 

a  confession  and  avoidance,  including  uot  only  those 

ty  of  discharge,  butthose  which  show  the  transaction 

either  void  or  voidable  in  point  of  law  on  the  ground 

lud  or  otherwise,  shiiil  bo  specially  pl»aded :  for  ex- 

),  infancy,  coverture,  release.  payment,^>ertormance,     . 

lity  of  consideration,  eitlier  by  statute  or  by  commoiv 

drawing,  endorsing,  accepting,  £o^  bill  <»"   DOte  by 

M 


466 


FLEADIKGS  AND   PRACTICE. 


[part  nL     ^' 


Chap.  94. 


On  policies  of 
inMurancc. 


On  specialties 
and  ODvenants, 


•*  Nii  (ff^'ft"  not 
alluwed. 

MatU.*n  in  con- 
fesHion,  ^c. 


Fraud  must  be 
Iilet  d^. 


Uei'lication. 


Payinont. 


Actions  for 
wrongs. 


Tru:»p.is>»  to  lan-r 


way  of  accommodation,  set-off,  matnal  credit,  nnseawor- 
thiness,  misrepresentations,  concealment,  deviation,  and 
various  other  defences,  must  be  pleaded. 

137.  In  actions  on  policies  of  insurance,  the  interest  of 
the  insured  may  be  averred  thus :  ''  That  A.,  B.,  G.  and  D. 
[or  some  or  one  of  them]  were  or  was  interested,'*  Ac. ; 
and  it  may  be  also  averred,  ''  that  the  insurance  was  made 
for  the  use  and  benefit  and  on  the  account  of  the  person  or 
persons  so  interested." 

138.  In  actions  on  specialties  and  covenants,  the  defen- 
dant's plea  that  the  alleged  deed  is  hot  his  deed  shall 
operate  as  a  denial  of  the  execution  of  the  deed  in  point 
of  fact  only ;  and  all  other  defences  shall  be  specially 
pleaded,  including  matters  which  make  the  deed  absolately 
void  as  well  as  those  which  make  it  voidable. 

139.  The  plea  of  "  nil  debei'^  shall  not  be  allowed  in 
any  action. 

140.  All  matters  in  confession  and  avoidance  shall  be 
pleaded  specially  as  above  directed  in  actions  on  simple 
contracts. 

141.  Where  a  defendant  intends  to  set  up  fraud  as  a 
defence  to  the  declaration,  or  a  plaintiff  to  rely  upon 
fraud  in  answer  to  the  plea  of  the  defendant,  it  must  be 
pleaded  ;  but  fraud  may  be  proved  without  plea,  in  answer 
to  any  matter  of  evidence  not  upon  the  record. 

142.  In  all  cases  the  plaintiff  may  reply  without  the 
leave  of  the  Court  or  a  judge;  and  where  the  plaintiff 
shall  not  reply  before  trial,  or  within  thirty  days  after  the 
service  of  the  picas,  he  shall  be  taken  to  have  denied  the 
facts  alleged  therein  ;  but  the  Court  or  a  judge  may  give 
leave  to  apply  after  the  expiration  of  the  thirtv  days. 

143.  Payment  shall  not  in  any  case  be  allowed  to  be 
given  in  evidence  in  redaction  of  damages  or  debt,  unless 
the  same  shall  be  pleaded  in  bar. 

144.  In  actions  for  wrongs  independent  of  contract  a 
plea  that  the  defendant  did  not  do  what  is  complained  of 
by  the  plaintiff,  shall  operate  as  a  denial  only  of  the  breach 
of  duty,  or  wrongful  act,  alleged  to  have  been  committed 
by  the  defendant,  and  not  of  the  facts  stated  in  the  induce- 
ment ;  and  no  other  defence  than  such  denial  shall  be  admis- 
sible under  that  plea.  All  other  pleas  in  denial  shall  take 
issue  on  some  particular  matter  of  fact  alleged  in  the  writ 
or  declaration ;  and  all  matters  in  confession  or  aToidauce 
shall  be  pleaded  specially  as  in  actions  on  contract. 

145.  In  actions  for  trespass  to  land,  a  plea  that  the 
defendant  did  not  commit  thu  trespass  complained  of  shall 
operate  as  a  genial  that  the  defendant  committed  the  tres- 
pass alleged  m  the  place  mentioned,  but  not  as  a  denial  of 
the  plaintiffs  possession  or  right  of  possession  of  that  place. 


niLB  XXm.]  PLEADINOS   AND   FBACTICE.  467 

which,  if  iotended  to  be  denied,  must  be  traversed  spe-  Chap.  94. 
flially.  —         - 

146.  Id  actions  for  taking,  damaging,  or  converting  the  xiidDggoodi. 
plaintiff's  goods,  a   plea  denying  tbe  defendant's  having  *'' 
committed  the  wrong  alleged  by  taking,  damaging,  or  con- 
verting the  goods  meutiuaed,  shall  not  operate  as  a  denial 

of  tbe  plaintiff's  property  therein,  which,  if  intended  to  be 
deoied,  must  be  traversed  apecially. 

147.  Express  color,  profert,  oyer  and  special  traverses,  ?*p*?JJ^' 
are  abolished. 

148.  Each  party  shall  be  entitled  to  demand  of  the  other  iDipntionoi 

a  copy  or  inspection,  or  both  copy  and  inspection,  in  wliole  tBdamMd*^' 
or  in  part,  of  any  deed,  agreement,  bill,  or  other  written 
dooament,  mentioned  or  referred  to  in  his  pleading,  or  in 
any  paper  therein  referred  to,  or  whereof  inspection  could 
be  obtained  by  a  bill  of  discovery ;  and  in  the  event  of 
sach  copy  not  beiug  delivered,  or  such  inspection  not  being 
granted,  shall  be  entitled  to  apply  to  the  Court  or  a  judge 
tor  an  order  for  such  copy  or  inspection,  or  both,  as  tbe 
Omrt  or  a  judge  may  think  fit. 

149.  Such  demand,  summons,  or  order,  shall  be  "o  stay  """''^^"^fp'' 
of  proceedings,  uniesB  specially  ordered  ;  and  the  Court  or  Lnp. 

a  judge  may  impose  such  condil  ions  for  enforcing  obedience 
thereto  as  may  be  deemed  right. 

150.  A.  party  pleading  in  ansner  to  any  pleading  '"  ^^n'rtSiSinm 
which  sach  documtmt  is  mentioned  or  referred  to,  shall  be 

at  liberty  to  set  out  the  whole,  or  such  part,  or  the  snb' 
stance  thereof,  as  may  be  material ;  and  the  matter  so  set 
Dut  shall  be  deemed  and  taken  to  be  part  of  the  pleading 
at  which  it  ie  sot  out. 

151.  A  plaintiff  or  defendant  may  aver  performance  of  Arefmontofper- 
flooditions  precedent  generally ;   and  the  opposite  party  denial. 
BhsII  not  deny  such  averment  generally,  but  shall  specify 

fta  condition  or  coinliticins  precedent  tlie  performance  of 
wfateh  be  intends  to  contest. 

152.  The  general  iaaue,  and  all  general  pleas,  are  abol-^^j^^^ 
tabed,  and  every  pleading  shall  specify,  particularly  and 
ooDoiaely,  the  facts  intended  to  be  denied. 

153.  The  rule  to  plead,  and  the  demand  of  plea  ""^  ^"J'J^'*^'' , 
abolished,  and  the  notice  to  plead,  which  may  be  endor- "» >i»iMi»d. 
Md  on  the  writ,  or  declaration,  or  delivered  separately, 

^baW  be  alone  retained. 

154.  With  any  Hmooiled  declaration,  plea,  or  subsequent  JJoOoatoi^wii, 
^ieadiug,  delivered  in  tiny  cause  in  Term  or  vacation,  a 

lotice  to  the  following  elFect  may  be  endorsed  :  "  Ten  days 
«^  givi»D  to  the  plaintiff  (or  defendant)  to  plead,  [reply], 
'c.,  in  the  cause'' :  and  thereupon,  if  the  party  thus  ooti- 
ftf3  shall  neglect  to  file  his  plea,  replication,  rejoinder,  or 
Klset  ploodLDgr  as  the  case  may  be,  withia  tea  days  from 


468 


PLEADINGS  AND  PBACTIOE. 


[part  in. 


Oosts,  bow 
borne. 


Entry  of  oon- 
iinnanoe.ftc., 
abolished. 


Chap.  94.  the  time  of  service  of  such  notice,  and  to  deliver  a  copy  of 
the  same  to  the  opposite  attorney,  the  party  giving^  such 
notice  shall,  after  the  expiration  of  that  time,  be  at  liberty, 
being  plaintiff  in  the  cause,  to  mark  a  default  as  for  want 
of  plea  ;  or,  being  defendant,  to  sign  judgment  of  nonpros  : 
provided,  however,  that  the  Court  or  a  judge  may,  upon 
application,  grant  further  time  to  plead  ;  and  may  also, 
upon  proper  cause  alleged  and  verified,  order  such  default 
or  non  pros,  to  be  set  aside,  upon  such  terms  as  shall  be 
thought  reasonable  and  just ;  and  provided  also,  that  the 
Court  (>r  any  judge  therodfmay,  in  such  cases  as  require 
it,  give  a  rule  or  order  to  plead,  reply,  Ac,  within  anj 
shorter  period  than  ten  days. 

Several  counts        155      Xwo  or  morc  couuts  mav  be  added  for  the  same 

forsameoauseof  ,         ^.  1  1      1      "^  i-      ^'  j  1 

action.  caudo  of  actiou,  and  several  pleas,  replications  and  subse- 

quent pleadings  may  be  pleaded ;  but  no  costs  shall  be 
allowed  for  any  count  or  other  pleading  which  may  appear 
to  the  judge  unnecessary.  The  costs  of  all  issues  shall  be 
borne  by  the  party  against  whom  they  are  found  ;  and  the 
jury  shall  be  required  to  find  the  truth  on  each  issue. 

156.  No  entry  of  continuance,  by  way  of  imparlance, 
curia  advisari  vuU,  vice-comes  non  misit  breve,  or  otherwise, 
shall  be  made  upon  any  record  or  roll  whatever,  or  in  the 
pleadings ;  but  in  all  cases  in  which  a  plea  puis  darrein 
continuance  is  now  by  law  pleadable,  the  same  defence  may 
bo  pleaded  with  an  allegation  that  the  matter  arose  after 
the  last  pleading,  or  the  issuing  of  the  jury  process,  as  the 
case  may  be. 

157.  Any  defence  arising  after  the  commencement  of 
any  action,  shall  be  pleaded  according  to  the  fact,  without 
any  formal  commencement  or  conclu.^ion  ;  and  any  plea 
which  does  not  state  whether  the  defence  therein  set  up 
arose  before  or  after  action,  shall  be  deemed  to  be  a  plea 
of  matter  arising  before  action. 

158.  In  ejectment  and  in  trespjiss  quare  dausum  /regit, 
the  property  shall  be  described  by  metos  and  bounds,  or 
other  certain  designation. 

Rtrticuiara  may  \^Q^  In  any  actiou  for  trespass  to  a  person  or  property, 
acUon?^? tres-"  the  defendant  shall  be  entitled  to  particulars,  identifying 
the  cause  of  action  for  which  the  plaintiff  is  proceeding, 
and  the  plaintiff  to  particulars  of  any  justification  pleaded 
by  the  defendant;  and  the  judge  may  order  plans  of  the 
place  in  question  to  be  exchanged  between  the  parties. 

160.  No  now  assignment  shall  be  pleaded,  unless  by 
leave  of  the  Court  or  a  judge. 

161.  No  plea  which  has  already  been  pleaded  to  the 
declaration,  shall  be  pleaded  to  a  new  assignment,  exDapt 
a  plea  in  denial,  unless  by  leave  of  the  Court  or  a  jadga  ; 
and  such  leave  shall  only  be  granted  upon  satinactory 


Defence  arising 
after  last  plead- 
inflf. 


Property  <le- 
Hcript4en  of  in 
^gectment,  Ac. 


pass. 


No  new  assign* 
ment. 


Plea  to  new 
assignment. 


TITLB  XXOI.]  PLBADIHOS  AND   PRACTICE.  469 

proof  that  tbe  repetition  of  such  ploa  is  eBseotial  to  a  trial  Chap.  94. 

on  the  merits.  

16S.  It  shall  be  lawful  for  a  plaintiff  in  replevin,  or  for  ■'"''*E"'^31i 
the  defendant  in  any  cause  in  the  Supreme  Court  in  which,  Suruiaouei. 
if  judgment  were  obtained,  he  wonid  have  been  entitled 
to  relief  a^inst  such  judgment  on  equitable  grounds,  to 
plead  tbe  facts  which  entitle  him  to  such  relief  by  way  of 
defence  ;  and  the  Court  ithall  receive  such  defence  by  way 
of  plea;  provided  that  such  plea  shall  begin  with  the 
words,  "  for  defence  on  equitable  grounds,'  or  words  to 
tbe  like  effect. 

163.  The  plaintiff  may  reply,  by  leavo  of  the  Court  or  Bepiiouion  to 
a  judge,  in  answer  to  any  plea  of  the   defendant,  facts  Jl^^'l'""""' 
which  avoid  such  plea  upon  equitable  grounds;  provided 

that  such  replication  shall  begin  with  the  words,  "  for 
replication  on  equitable  grounds,"  or  words  to  the  like 
effect. 

164.  When  su«h  plea  or  replication  on  equitable  grounds  J^o^^JJ^™' 
is  put  in,  the  particulars  of  demand  and  set-off  may  be 
obtained  as  in  other  cases. 

165.  In  actions  of  libel  and  slander,  tbe  plaiotiEf  may  umiiuIiIu- 
aver  that  the  words  or  matter  complained  of  were  used  in  j^- •'*""*"" 
^  defomatory   sense,  specifying  such   defamatory   sense, 
withont  any  prefatory  averments  to  show  how  such  words 

or  matter  were  used  in  that  sense ;  and  snch  averments 
sball  be  put  in  issue  by  the  denial  of  the  alleged  slander 
or  libel ;  and  where  the  words  or  matter  set  forth,  with  or 
without  the  alleged  meaning,  show  a  cause  of  action,  the 
declaration  shall  be  sufficient. 

166.  In  actions  of  slander  the  precise  words  need  not  ^n^H  wonii  in 
be  proved  as  stated ;  provided  the  defamatory  matter  itself  bepnivd. 
flhall  be  substantially  proved :  nor  shall  it  be  necessary  to 

aver,  or  prove  special  damage,  where  it  shall  appear  that 
the  words  were  defamatory,  and  were  spoken  falsely  and 
nslicioasly. 

167.  In  all  personal  actions,  except  actions  formalicioDSOomprouciDnor 
arrest  or  orosecution,  criminal  conversation,  or  debauching  tl^^pami^^ 
tbe  plaintiff's  daughter  or  servant,  the  defendant,  or  the"™*- 
plaintiff  in  replevin  in  cases  where  au  avowry  is  pleaded, 

may  pHy  into  Court  a  sum  of  money,  by  wny  of  compensa- 
tion or  araendu,  without  any  rule  or  judge's  order  for  that 
purpose,  except  in  the  case  of  one  or  more  of  several 
defendaots,  whun  such  leave  must  be  obtained  and  may  be 
panted  on  such  terms  as  the  Court  or  a  judge  may  think 

168.  When  money  is  paid  into  Court,  such  payment  Pijinuiiiiiiui 
shall  he  pleaded  in  all  cases,  and  in  any  stage  of  the  cause,  XS^""* 
ae  nearly  as  may  be  in  the  following  form  : 

The  defendant,  by ,  his  attorney,  [or  in  jwrson],'™" "'•**■ 


470 


PLEADINGS  AND  PBACTIGS: 


[PART  m. 


How  ];>aid  in  and 
out. 


Fepllcation  to 

Sea  of  payment 
to  court. 


Chap.  94.    \}f  pleaded  aa  io  part,  tay  as  to  | ,  parcel  of  the  money 

claimed]y  brings  into  Court  the  sant  of  $ ,  and   says 

that  the  said  sum  is  enough  to  satisfy  the  claim  of  the 
plaintiff  in  respect  of  the  matter  herein  pleaded  to. 

169.  When  money  is  paid  into  Court  the  same  shall  be 
paid  to  the  proper  tifficer,  who  shall  give  a  receipt  tor  the 
amount  in  the  margin  of  the  plea ;  and  the  same  shall  be 
paid  out  to  the  plaintiff  or  his  attorney  on  demand. 

170.  The  plaintiff,  after  delivery  of  a  plea  of  payment 
of  money  into  Court,  shall  be  at  liberty  to  reply  to  the 
same  by  accepting  the  sum  so  paid  into  Court,  in  fall 
satisfaction  and  discharge  of  the  cause  of  action  in  respect 
of  which  it  has  been  paid  in ;  and  he  shall  be  at  liberty  in 
that  case  to  tax  his  costs  of  suit ;  and  in  case  of  non- 
payment thereof,  within  twenty-four  hours,  to  sign  judg- 
ment for  his  costs  of  suit  so  taxed :  or  the  plaintiff  may 
reply  that  the  sum  paid  into  Court  is  not  enough  to  satisfy 
the  claim  of  the  plaintiff  in  respect  of  the  matter  to  which 
the  plea  is  pleaded ;  and,  in  the  event  of  an  issue  thereon 
bein^  found  for  the  defendant,  the  defendant  shall  be  en- 
titled  to  his  jud)^ent  and  costs ;  and  if  the  plaintiff  shall 
not,  within  thirty  days  after  service  of  plea,  reply  that  the 
sum  is  not  sufficient,  he  shall  be  held  to  have  accepted 
payment  in  full  satisfaction  of  the  plaintiff^s  claim. 

171.  No  rule  or  order  for  further  time  to  plead  shall  be 
granted,  unless  the  grounds  of  such  application  be  dis> 
closed  by  affidavit ;  and  it  shall  then  rest  with  the  Court 
or  a  judge,  in  their  discretion,  to  grant  such  rule  under 
the  special  circumstances  of  each  particular  case  ;  but  the 
Prothonotary  in  any  county  upon  affidavit  that  the  defendr 
ant  has  a  good  defence  upon  the  merits,  and  that  time  is 
required  to  put  in  pleas,  and  that  the  application  is  not 
merely  for  delay,  may  grant  an  order  for  further  time  to 
plead  not  exceeding  ten  days,  and  not  to  extend  beyond 
the  first  day  of  the  term  or  sittings  for  which  notice  of 
trial  may  have  been  given. 

172.  It  shall  be  imperative  on  the  party,  plaintiff  or 
defendant,  to  deliver  to  the  opposite  party,  or  his  attorney, 
as  well  as  to  file  all  pleadings  within  the  time  limited 
therefor. 

173.  It  shall  not  be  necessary  to  have  a  counsere  sig- 
nature to  any  pleading,  but  all  pleadings  shall  be  signed 
with  the  name  of  the  party  or  his  attorney. 

174.  The  defendant  shall  not  be  at  liberty  to  waive  his 
plea,  without  leave  of  the  Court  or  a  judge,  and  on  siioh 
reasonable  terms  as  they  shall  approve. 

175.  Wherever  there  are  mutual  debts  in  the  same  rigbt^ 
one  debt  may  be  set  off  against  the  other,  although  fiooh 
debts  may  be  deemed  in  law  of  a  different  natnrei  and 


Time  to  itlead, 
bow  obtained. 


Pleadings  most 
be  filed  and 
served. 


Ooansel's  idgna- 
ture  onneoes- 


Plea  not  to  be 
waived  withont 
leave. 


Hotoal  debts 
may  be  set  oB. 


TTtlX  ZXm.]  PLBIDIKQB   ASD  PSACTICB.  471 

wbera  a  set-off  greater  than  the  plaiotiff's  claim  has  been  Gbap.  94. 

§  roved,  judgment  tor  the  excess  Bhall  be'  given  for  the 
efendant. 

176.  In  a  plea  or  mibeequent  pleading,  intended  to  be  JJ^^'L^*'- 
pleaded    in   bar   to   the  whole  action    generally,   it  shall  mouitied. 
not  be  necessary  to  use  any  allegation  of  adionem  non,  or 

to  the  like  effect,  or  any  prnyer  of  judgment,  nor  shall  it 
be  oecessary,  in  any  replication  or  enbaequeut  pleading 
intended  to  be  pleaded  in  maintenance  of  the  whole  action, 
to  ase  any  allegation  of  predudi  non,  or  to  the  like  effect, 
or  any  prayer  of  judgment;  aud  all  pleas,  replications,  and 
sabseqaent  pleadings,  pleaded  withont  such  formal  parts, 
shall  be  taken,  unless  otherwise  expronsed,  as  pleaded 
respectively  in  bar  or  in  maintenance  of  the  whole  action: 
provided  that  nothing  herein  contaiued  shall  extend  to  PtovIm. 
oases  where  an  estoppel  is  uleaded. 

177.  No  format  defence  ariall  be  required  in  a  plea,  and  J^JIIJi^*^ 
it  shall  commence  as  follows:  The  defendant,  by , 

his  attorney,  [or  in  person,]  snye  that . 

178.  It  shall  not  be  neceanary  to  state  in  a  second  ori««|»^»*f 
otiier  plea,  or  avowry,  or  cognizance,  that  it  is  pleaded  by  Hquent picu. 
leave  of  the  Coart,  or  according  to  the  form  of  the  statute, 

or  to  that  effect;  nor  shall  such  leave  be  required. 

179.  Where  there  are  two  or  more  counts  Bubstantiaily  o^^pfjj^'^^ 
for  tbe  same  cause  of  action,  or  two  or  more  pleas  raising  »«i«iint"Uow- 
•obatantially  the  same  defence  to  the  same  cause  of  notion,  * 

tfae  defendant  or  plaintiff  may,  on  snggesting  the  fact  in 
his  plea  or  replication,  plead  a  single  plea  or  replication  to 
tnob  counts  or  pleas ;  and,  when  the  opposite  party  insists 
that  tbe  oanse  of  action  or  defence  is  not  the  same,  he 
may  apply  to  the  Court  or  a  jndge,  who  may  set  aside  the 
plea  or  replication  on  such  terms  or  make  sacU  other  order 
as  ^all  appear  to  be  right  or  just. 

180.  In  all  actions  by  and  against  the  assignees  of  *  JJU^^J^'.'"' 
bankrupt  or  insolvent,  or  execators  or  administrators,  or  saKanatwiMin 
^noDS  authorized   by  Act  of  Parliament  to  sue  or  be  '""■ 

sued  as  nominal  parties,  the  oharaoter  in  which  the 
plaintiff  or  defendant  is  stated  on  the  record  to  sue  or  be 
sued,  shall  not  i  n  any  case  be  considered  as  in  issue,  unless 
specially  deuied. 

181.  The  plaintiff  may  discontinue  at  any  time  by  6ling  i> 
either  a  discontinnanee  or  a  rule  therefor  ;  and  thereupon 
the  defendant  may  at  once  tax  his  costs  of  defence  and 
enter  judgment  therefor. 

182.  Different  caases  of  action,  of  whatever  kind,  et-J'JJS^' 
cept  IuohI  causes  arising  in  different  counties,  may  be  join-  be  ioiu> 
«d  in  the  same  suit;  provided  they  be  by  and  against  the 

irtiesapd  io  the  same  rights  :  but  the  Oonrt  or  a 
^^^^''  pover  te  prevent  tbe  trial  of  differeot 


472 


PLEADINGS  AND   PBACTICF. 


[FABT  m. 


Action  brought 
by  man  and 
wife 


Crap.  94.  cai^o»  of  action  together,  if  sach  trial  would,  in  their 
judgment,  be  inexpedient,  and  in  aucb  case  may  order 
separate  issiion  to  be  made  up  and  separate  trials  to  be 
had  ;  but  nothing  herein  contained  shall  restrict  or  dimin- 
ish the  obligation,  or  right  of  a  plaintiff  to  include  in  one 
action  all  or  any  of  the  drawers,  makers,  endorsers  and 
acceptors  of  any  bill  of  exchange  or  promissory  note. 

183.  In  any  action  brought  by  a  man  and  his  wife  on 
any  cause  of  action  ex  contractu  or  ex  delicto  accruing  per-  ,  [ 
sonally  to  the  wife,  in  respect  of  which  they  are  necessarily 
co-plaintiffs,  the  husband   may  add  thereto  claims  in  his 
own  right,  and  the  damages  may  be  set  out  as  to  the  hus- 
band alone ;  and  separate  actions  brought  in  respect  of 
such  claims  may  be  consolidated,  if  the  Court  or  a  judge 
think  fit ;  but  in  case  of  the  death  oi^  either  plaintiff,  sncb 
suit  shall  abate  so  far  only  as  rglates  to  the  causes  of  actiof^t 
if  any,  which  do  not  survive. 

184.  In  any  action  for  slanderous  words  spoken  of  an^'^ 
woman,  imputing  to  her  any  unchaste  conduct,  it  shall  no^ 
be  necessary  to  allege  in  pleading,  or  prove  at  the  trial" 
that  any  special  damage  resulted  to  her  from  the  utter^' 
ance  of  such  words;  but  she  shall  recover  such  damages^ 
as  may  be  assessed,  without  such  averment  or  proof  (f^ 
damage. 


Special  damage 
need  n«t  be 
proved  in  cer- 
tain actions. 


NOTICES. 


Notice  of  trial 
incises  of  non- 
resideatfl. 


Wluit  length  of 
notice,  of  trill 
hiifflcient. 


185.  Where  a  party  who  has  brought  an  action  or  beenr 
served  with  process  within  the  jurisdiction  resides  out  of 
the   Province,  notices   of  trial   shall   be  served  at  least 
twenty  days  before  the  first  day  of  the  Term  or  the  Sittings 
thereafter. 

186.  A  notice  of  trial  endorsed  on  a  writ  of  summons 
shall  bo  sufficient,  if  served  the  same  number  oi  days  re- 
quired for  the  defendant's  appearance  in  the  Term  or  Sit- 
tings mentioned  in  such  notice:  and  in  continued  cases, 
where  the  defendant  resides  within  the  county  (except  in 
the  Island  of  Cape  Breton)  in  which  the  action  is  brought, 
the  notice  shall  bo  served  at  least  twenty  days ;  if  in  any 
other  county,  at  least  thirty  days ;  and  if  the  defendant 
resides  in  Cape  Breton  and  the  action  is  brought  in  any 
county  not  in  the  Island,  or  if  the  defendant  resides  out  of 
Cape  Breton  and  the  action  is  brought  within  any  county 
in  the  Island,  at  least  forty  days  before  the  first  day  of  the 
Term  or  the  Sittings  thereafter ;  and  if  the  plaintiff  shall 
not  proceed  to  trial  pursuant  to  such  notice,  he  shall  be 
liable  to  pay  to  the  defendant  the  costs  of  not  proceediDg 
to  trial,  unless  he  can  shew  good  cause  to  the  coDtrarjTi  or 
shall  have  given  to  the  defendant,  or  his  attorney  in  oaae 
he  has  appeared,  notice  of  couotermand  of  such  trial  al 


TITI^  XZm.]  PLEADINGS   AND   FEACTICE.  473 

least  four  days;  or  in  case  the  defendant  resides  in  Oape  Chap.  94. 
Breton  and  the  action  is  brought  in  any  county  Dot  in  the 
Island,  or  the  action  is  brought  in  any  county  within  the 
laland  and  tlie  defendiint  resides  out  of  the  Island,  at  least 
fourteen  days,  before  the  Brst  day  of  the  Term  or  the  Sit-  ' 
tings  thereafter ;  but  tho  pUintifT  shall,  notwithstanding 
such  CQuntermaod,  pay  all  the  costs  which  the  defendant 
has  actually  been  put  to  prior  to  sach  notice  of  counter- 
mand, in  consequence  of  the  notice  of  trial. 

187.  All  noticeseiven  in  the  progress  of  or  preparatory  ?<"»«".  fcow"* 
to  a  cause,  between  the  attorneys,  shall  be  received  in  evi- sviduia. 
dence   on  affidavits  of  the  service  thereof  made  by   the 
attorneys  or  their  clerk't,  specifying  the  times  and  mode  of 

such  service. 

SCIRE    FACIAS. 

188.  Dnring  the  lives  of  the  parties  to  a  judgment,  or  Jj*"»i™'™t 
those  of  them  during  whose  lives  execution  might  formerly  tin  ytm. 
isane  within  a  year  and  a  day  without  a  scire/aciaa,  execu- 
tion may  issue  without  a  revival  of  the  judgment,  at  any 

time  within  six  years  after  the  judgment. 

189.  In  cases  where  it  become  necessary,  by  reason  Ju<i«ni«Bi, 
either  of  the  lapse  of  time,  or  of  a  change  by  death,  or*"""'*'*^ 
otherwise,  of  the  party  entitled  or  liable  to  execution,  the 

party  alleging  himself  entitled  to  execution  shall  he  allowed 
either  to  sue  out  a  writ  in  the  nature  of  a  scire  fadaa,  to 
be  called  a  writ  of  revivor,  according  to  the  form  set  forth  writ  of  »vi™r, 
in  Schedule  A,  number  13,  or  to  apply  to  the  Court  or  a 
judge  lor  leave  to  enter  a  suggestion  to  the  effect  that  itBi>g««*i™- 
manifestly  appears  to  the  Court,  that  he  is  entitled  to  exe- 
cution of  the  judgment,  and  to  issue  execution  thereupon  ; 
such  leave  to  be  granted  by  the  Court  or  a  judge,  upon  a 
role  to  shew  cause,  or  a  summons  to  be  served  as  at  pre- 
sent, or  in  such  other  manner  as  may  be  directed  by  such 
Ooort  or  a  judge,  which  rule  or  summons  may  be  in  the 
hrm  given  in  Schedule  A,  number  14  ;  and  upon  such 
Application,  in  cma  it  manifestly  appears  that  the  party 
making  the  same  is  entitled  to  execution,  the  Court  or  a 
jodgo  shall  allow  xuch  suggestion  to  be  entered  in  the 
form  given  in  Schedule  A,  number  15,  and  execution  to 
issue,  and  order  whether  or  not  the  costs  ol  the  applica- 
tion shall  be  paid  by  the  applicant;  and  in  case  it  does  not 
manifestly  so  itppear,  shall  discharge  the  rule  or  dismiss 
the  summons  with  or  without  costs,  and  the  party  apply- 
ing shall,  in  such  case,  nevertheless,  be  at  liberty  to  pro- 
ceed by  revivor,  or  action  upon  the  judgment. 

190.  lu  cases  where  a  party  shall  be  desirous  ol  revi- j^Jj^^'^^^^ 
vine  ajudgment  under  the  last  section,  and  the  defendant  ^•"''"'"'i 
tLaJi  uot  be  within  the  Province,  instead  of  the  personal  "^ 


474  PLEADINGS  AND  PRACTICE.  [PART  HI. 

Chap.  94,    service  of  the  writ  of  revivor,  or  of  the  rule  of  summoDS 

to  shew  cause  why  execution  should  uot  issue,  it  shall  be 

in  the  power  of  the  Supreme  Court  or  a  judge,  on  sufll- 
cient  cause  shewn  to  the  satisfaction  of  such  Court  or 
judge  to  order  publication  or  constructive  service  ot  the 
writ  or  rule  to  he  made  in  such  manner;  and  for  such  time, 
as  the  Court  or  judge  shall  think  proper;  and  such  publi- 
cation or  constructive  service  shall  have  the  same  effectas 
a  personal  service  on^the  defendant. 

AMSNBMENT. 

c»urt  or  judge        191.    The  Supreme  Court,  and   every  judge  thereof, 
ma^amend  e-  g^^||  ^^  ^||  ^j^^g  {^^^^  ^{^^  power  of  amending  all  defects  aad 

ermrs  in  any  proceedings  in  civil  causes,  whether  there  be 
anything  in  writing  to  amend  by  or  not,  and  whether  the 
defect  or  error  be  that  of  the  party  or  uot ;  and  all  such 
amendments  may  be  made  with  or  without  costH,  and  upou 
such  terms  as  to  the  Court  or  a  judge  shall  seem  Hi  ;  aud 
all  such  amendments  as  may  be  necessary  for  the  purpose 
of  determining  in  the  existing  suit  the  real  question  ia 
controversy  between  the  parties,  shall  be  made. 
Party  disaatis-  192.  The  party  agaiust  whom  such  amendment  shall  be 
mMiL*'^ *"*"*'"  made,  if  dissatisfied  therewith,  may  apply  to  the  Court  for 
a  new  trial  on  that  ground  ;  and  the  Court  shall  thereupon 
make  such  order  as  to  a  new  trial,  and  the  terms  on  which 
such  new  trial  shall  be  granted,  or  such  other  orders  as 
they  may  deem  reasonable. 
Amendment  at  193.  In  all  such  cases  the  judge,  iustcad  of  causiug  the 
tnai^powerof  ^^j^  pleadings,  issue  roll,  or  document  to  be  amended, 
may  direct  the  jury  to  find  the  facts  according  to  the  evi- 
dence ;  and  such  finding  shall  be  stated  on  the  writ,  issue 
roll,  or  document ;  and  if  the  judge  shall  deem  such  defect 
or  error  immaterial  to  the  merits  of  the  case,  and  the  mis- 
statements such  as  could  not  have  prejudiced  the  opposite 
party,  he  shall  give  judgment  according  to  the  justice  of 
the  case. 

BAIL. 

Bail  to  sheriff  to      194.     Bail  to  the  Sheriff  shall  continue  bail  to  the  actioo, 
be  ball  to  action.  ^^^  g|^^|j  j^^^^  ^.j^^  powcr  of  rendering  the  defendant,  when- 

Formof  bond,    cver  they  shall  see  fit  to  do  so, — the  bail  bond  to  be  in 

the  form  in  Schedule  A,  number  26. 

Special  bail  not      196.     A  party  who  has  given  bail  to  the  Sheriff,  which 

bSu?J?eriff"*  bail  has  justified  when  required  to  do  so,  may  appear  and 

ustify.  defend  the  action  without  filing  special  bail. 

Bail  to  sheriff,        196.    The  bail  to  the  Sheriff  may  be  called  upon  to  jmh 
wh«i  to  juatify.  ^jfy^  Qjj  ^jj^  ^^^^j,jj  ^^  ^jjg  ^^j^ .  ^^j  ^^^  Sheriff  shall  ^be 

liable  for  taking  insufficient  bail ;  but  he  may  relieve  hiv* 
self  at  any  time  before  judgment  by  causing  the  defeDdu4 


TITLB  ZZm.]  PLEADOiaS  ASD  PKACTICB.  475 

to  be  rendered,  and  npoD  payment  of  all  oosts  wbicb  may  Chap.  94. 
have  been  incnrred  by  the  plaintiff  in  consequence  ot  sncb 
bail  being  innnflicient. 

197.  The  SherifF  shall  retarn  the  bail  bond  with  thej^g^^;^ 
enpiasto  the  Court  where  the  writ  la  returnable,  with  an  "it. 
assignment  thereon  to  the  plaintiff,  whidi  asBignment  may 

be  made  by  the  Sheriff  endorsing  hin  name  thereon  ;  and 
the  same  shall  be  sufficient  to  enable  the  plaintiff  to  bring 
action  thereon  in  his  own  name  against  the  several  parties 
who  have  ezecnted  the  eame. 

198.  In  any  case  where  the  writ  of  execntion  against  SiJia"^^^ 
the  defendant  in  any  action  is  returned  non  est  inverUiu,  liS"^V'i™  ' 
and  an  action  is  prosecnted  against  his  bail  npon   their 

bond,  they  shall  be  allowed  to  render  their  principal  in 
discharge  thereof  at  any  time  before  the  time  for  pleading 
has  elapsed,  if  they  pay  to  the  plaintiff  the  costB  which 
have  been  incnrred  in  the  action  against  them  upon  their 
bond. 

199.  When   the   bail  live  above  twenty  miles  from  the  S^^;^^ 
place  where  the  action  is  brought,  or  where  the  bail  live  jmtii;  iwion 
within  that  distance,  bnt  the  Court  shall  not  be  in  session,'"'^' 
they   may  justify  before  a  jiidgo   or  a  commissioner,  by 
affidavit ;  and   the  judge   or   commissioner   may  examine 

the  sureties  npon  oath  touching  the  valae  of  their  respec- 
tive estates. 


300.    The  list  of  all  summary  and  jury  causes  for  trial  SIS^'i^^JS;™ 
BiTut  be  given  to  the  Prothonotary  on  or  before  the  Tues-  in. 
day  preceding  the  first  day  of  the   Sittings  or  Term  at 
viiica  such  causes  are  to  be  tried. 

201.  In  making  up  the  docket  of  civil  catises  for  trial,  it'^«'°^|g^ 
dM  Prothonotary  shall  be  guided  by  the  following  rules  :—tS*t. 

lat.  All  summary  and  appeal  causes  shall  have  prece- 
dsnCfl,  except  when  ordered  to  be  tried  by  a  jury ;  and 
ttalB  they  shall  be  entered  on  the  docket  according  to 
AODJority  aa  doclanition  causes ;  snob  seniority  in  appeal 
canses  to  bear  relation  to  the  issuing  of  the  original  writs. 

2nd.  The  seniority  of  all  other  causes  shall  be  deter- 
mined by  the  ditto  of  the  issue  of  the  respective  writs. 

3rd.  All  onuses  given  in,  that  shall  have  been  called  on 
tbe  liflt  of  the  next  preceding  Terra  or  Sittings,  and  the 
trial  ol  which  shHll  have  been  deferred  without  the  fault 
of  the  plninlifT,  or  which  were  not  tried  for  want  of  time, 
ebnll  be  placed  on  the  docket  or  judge's  list  in  the  relative 
order  in  which  they  stood  on  the  docket  or  list  of  saob 
prooedine  Term  or  Sittings. 

202.  The   docket  of  new   as   well   as  coDtinaed  jury  uookat,  vha  to 
aaosM  for  trjaJ  shall  be  called  on  the  first  daj  of  eatm'"''*"*^ 


476 


PLEADINGS  AND   PRACTICE. 


[part  m. 


Chap.  94.   Sittings  at  Halifax  or  Term  on  Gircait,  at  or  shortly  after 
the  opening  of  the  Court ;  and  the  plaintiff's  attorney  or 
Btatements  to  be  counsel,  whou  a  causo  is  SO  Called,  shall  be  required  to 
^M^ddflf^M  state  whether  he  intends  to  try  the  same  at  such  Sittings ; 
of  oauses.         jmj  Jq  default  of  such  statement  the  cause  shall  be  struck 
off  the  docket,  and  stand  continued ;  and  the  attorney  or 
coutisel  of  the  defendant  shall  in  like  manner  be  required 
to  state  whether  he  intends  defending  the  same;  and  in 
default  of  such  statement  the  cause  shall  be  struck  off  the 
docket,  and  judgment,  whether  interlocutory  or  otherwise, 
may  be  entered  up  for  the  plaintiff,  and  further  proceed- 
ings had  as  if  no  plea  had  been  filed  ;  but  the  Court  or  a 
Judge,  upon  due  cause  shown,  and  upon  such  terms  as  maj 
be  thought  proper,  may  order  any  cause  to  be  again  placed 
on  the  docket  for  trial  as  if  it  had  not  been  called. 
Docket  to  be  203.    The  dockot  of  causes  for  trial  shall  be  called  bat 

called onoe.       Quce,  both  at  the  Sittings  in  Halifax  and  on  the  Circuit. 


Charge  on  Entry  on  Docket* 

IZ^^"^  204.  There  shall  be  paid  to  the  Prothonotary  at  Halifax 
^cag»c»,  Ac.,  at  the  sum  of  one  dollar  on  the  first  entry  of  all  declaration 
causes  given  in  to  him  for  trial  at  the  sittings,  and  fifty 
cents  on  the  first  entry  of  all  causes  given  in  to  him  for 
argument  at  the  term  ;  and  the  same  shall  be  taxed  to  and 
allowed  the  plaintiff,  in  his  bill  of  costs,  and,  in  the  case  of 
causes  entered  for  argument,  to  the  party  entering  the 
cause,  should  the  plaintiff,  and  the  party  entering  the 
cause  for  argument  respectively  succeed,  and  be  entitled 
to  the  costs  of  the  trial  or  of  the  argument.  The  Protho- 
notary shall  not  enter  on  the  docket  of  causes  for  trial  or 
argument  any  cause  on  which  the  sum  of  otiQ  dollar  or 
fifty  cents,  as  the  case  may  be  for  such  entry,  shall  not 
have  been  paid  him. 

205.  The  Prothonotary  shall  on  the  day  following  the 
giving  in  of  such  causes  respectively  pay  over  to  the  Trea- 
surer of  the  Nova  Scotia  Barristers'  Society,  on  his  reeeipt, 
the  amount  received  by  him  for  such  entries. 

506.  The  amount  so  paid  in  to  the  Treasurer  shall  be 
appropriated  to  the  use  of  the  law  library  under  the  direc- 
tion of  the  oflScers  for  the  time  being  of  the  Society. 


To  be  paid  to 
the  barristers 
society. 


For  the  use  of 
the  law  library. 


OP   THE   TRIAL;    AND    NEW  TRIALS. 


Absence  of  ma- 
terial witness. 


207.  No  rule  shall  be  granted  for  the  continuance  of  % 
cause  upon  the  ground  of  the  absence  of  a  material  wit- 
ness, unless  the  affidavit  upon  which  the  rule  is  applied 
for  shall,  in  addition  to  the  usual  grounds,  distinctly  sUito 
that  the  party  so  applying  has  a  just  defence  apoa  the 


TTTLB  ZZm.]  FLBADINQS  AND  PRACTICE.  47T 

merits  of  tfae  case,  and  that  the  appUcatioa  is  not  madia  Chap.  94. 

solely  for  delay,  bat  to  enable  the  applicaat  to  snbstaattate 

bis  defence. 

208.  The  Conrt  will  hear  oneconnsel  only  on  each  side,  9^'f^'JliS 
npoD  any  motion  arising  daring  the  trial  of  a  cause,  and  if  ^motioaui. 
canes  be  cited  in  opposition  to  such  motion  one  coansel""*''"^'*'^ 
will  be  heard  in  reply. 

209.  Upon  the  trial  oTany  cnu?e  the  addresses  to  the  Addravato 
jnry  shall  be  regulated  as  follows  : — Tlie  piirty  who  begins, '"^"*°'*'*^' 
or  his  counsel,  shall  be  allowed,  in  the  event  of  his  oppo- 
nent not  announcing  at  the  close  of  the  case  of  the  party 

who  begins  his  intention  to  adduce  evidence,  to  address 
the  jury  a  second  time  at  the  close  of  such  case  for  the 
purpose  of  eurnrai'ng  up  the  evidence;  and  the  party  on 
the  other  side,  or  hiti  counsel,  shall  be  allowed  to  open  the 
cade,  and  also  to  sum  up  the  evidence,  if  any ;  and  the 
right  to  reply  shall  be  the  same  as  at  present. 

210.  It  shall  be  lawful  for  the  presiding  judgo  at  t''©  fo^^^Sy'' 
trial   of  any  cause,  where  he  may  deem  it  right  for  the 
parposes  of  justice,  to  order  an  adjonromont  for  such  time 

daring  the  Kame  Term  or  Sittings,  or  to  the  next  Term  or 
Sittings,  and  subject  to  such  rules  and  conditions,  as  to 
costs  or  otherwise,  as  ha  may  think  fit. 

211.  No  new  trial  shall  be  granted  on  account  of  evi-  S'"?'|*'^' 
dence  having  been  improperly  received  on  any  trial,  if,  in  lamde^ 
the  judgment  of  the  Court  there  be  other  evidence  suffi- 

cieut  to  sustain  the  verdict. 

212.  When  the  judge  shall  refuse  to  grant  a  rule  "i**  JSrondS?' 
for  a  new  trial,  in  a  cause  tried  betore  him,  and  the  connsel  imcom. 
for  the  party  shall,  on  or  before  the  last  day  of  the  Term, 

or  the  Sittiugs  after  Term,  in  which  the  cause  has  been 
tried^or  such  extended  time  thereafter  as  the  judge  who 
tried  the  canse  shall  in  his  discretion  allow,  file  sufHcient 
bftil  in  such  reasnnable  amount  as  the  judge  shall  direct, 
to  respond  the  judgment  to  be  Itnally  given  in  the  cause, 
BO  jadgmont  shall  bo.entered  up;  but  a  rule  nisi  specify- 
iog  tfae  objections,  bWM  pass,  under  which  the  party  shall 
beat  liberty  to  ctitor  the  cau^^e,  and  it  shall  stand  fur  argu- 
ment in  tliu  s.:\mi.'.  manner  as  if  the  rule  niai  had  been  * 
granted  by  the  jurige  presiding  at  the  trial, 

213.  The  parties  to  any  cause  now  triable  by  jury  may,  ixncof  im* 
by  consent,  in  open  Court,  or  writing  signed  by  them  or  3™simorpre. 
tlieir  attorneys  or  cuunsel,  as  the  case  may  be,  and  at  any  ■''li^ i"!**^ 
time  before  trial,  leave  the  decision  of  any  issue  of  fact  to 

the  presiding  judgo  ;  provided  that  the  Court,  upon  mo- 
tioD,  or  the  presiding  judge  shall,  in  thuir  or  his  discretion, 
think  fit  to  allow  such  trial ;  and  such  issue  of  fact  may 
thereupon  be  tried  and  determined,  and  damages  asnessed, 
where  necessary,  in  open  Court,  in  Term,  or  the  Sittings 


478  PLEADINGS  AND  PRACTICE.  [PABT  ni. 

Chap.  94.  ^^^^  ^^^  Term,'or  in  Halifax  at  Chambers,  by  the  presiding 

JQ(]g6y  whose  decision  shall  be  of  the  same  effect  as  the 

verdict  of  a  jury  ;  and  the  proceedings  upon  and  after 
such  trial,  as  to  the  power  of  the  Court  or  judge,  the 
moving  for  a  new  trial,  the  evidence  and  otherwise,  shall 
be  the  same  as  in  the  case  of  trial  by  jury ;  save  that  it 
shall  not  bo  questioned  upon  the  ground  of  being  against 
the  weight  of  evidence. 

Irispection, 

Bale  or  order  214.  Either  party  shall  be  at  liberty  to  apply  to  the 
of  proS^how  Court  or  a  judge  for  a  rule  or  order  for  the  inspection,  by 
obtained.  ^j^^  whole  jury  or  by  the  judge  before  whom  the  cause  is 
to  be  tried,  or  by  the  party  himself  or  by  his  witnesses,  of 
any  real  or  personal  property,  the  inspection  of  which  may 
be  material  to  the  proper  determination  of  the  question  in 
dispute  ;  and  it  shall  be  lawful  for  the  Court  or  a  judge,  if 
they  shall  think  fit,  to  make  such  rule  or  order  upon  such 
terms  as  to  costs  and  otherwise  as  such  Court  or  judge 
shall  direct. 


OF    AEGUMF.NT8,   ETC. 

Entryof oaiu«      2l5.     All  causcs  for  argument,  whether  upon  demurrer, 

for  argument.  .    ,  ,.    ,  °j  '    .  •   •       i  •    t    »  i         ' 

special  verdicts,  caf^es  made,  or  rules  7ii8t  which  have  been 
granted,  or  causes  in  which  the  party  has  given  bail  to 
respond  judgment  as  hereinbefore  provided,  must  be 
entered  with  tlie  Prothonotary  at  Halifax  on  or  before  the 
Tuesday  preceding  the  first  day  of  the  Term  ;  and  such 
entry  shcill  be  deemed  notice  to  the  opposite  party  to  be 
prepared  for  the  argument ;  and  in  case  of  such  entry  be- 
ing omitted  from  neglect  or  other  cause,  judgment  shall 
be  entered  against  the  party  who  ought  to  have  made  such 
entry,  unless  the  Court  shall  otherwise  order. 

wtliSdl*Jli>Mict8.  216.  In  all  cases  where  rules  nisi  have  been  granted 
to  set  aside  verdicts,  or  which  may  otherwise  delay  judg- 
ment, the  party  who  has  obtained  the  rule  shall  enter  the 
cause  for  argument  on  the  Tuesday  preceding  the  Term. 

«iJ/b^  oth^^         217.     The  party  against  whom  any  rule  nisi  has  been 

party.  granted  may  enter  the  cause  with  the  Prothonotary ;  and 

in  such  case  the  cause  shall  be  placed  on  the  list  prepared 
by  the  Prothonotary  for  the  Court  in  the  order  in  which  it 
first  presents  itself  under  the  rule,  and  shall  not  be  entered 
a  second  time. 

fo*Kfli^^*°  218.     The  demurrer  book,  special  verdict,  case,  judge's 

report,  affidavits,  or  other  papers  upon  which  rules  ftjfi 
have  been  granted,  must  be  on  file  on  the  Tuesday  before 
the  first  day  of  Term  at  Halifax. 

nJi%?ul  when       ^^^'    ^^  ""^'^  ^^^  ^^^  *  "®^  t*''^'  s'^^^'  ^e  argued  at  the 
to  be  argued.     Commencement  of  the  Term  at  Halifax  unless  the  jttdge'tf 


TlTLB  XZm.]  n^BADIHGS  AKD  FBACTICB.  47S 

report  of  the  facta  proved  ot  the  points  reserved  shall  Chap.  94, 

have  been  filed  on  the  Tuesday  preceding  the  Term,  which  

either  party  reqairing  the  same  shall  appTy  to  lor  the  judge  ; 
sod  the  judge  shall  deliver  his  report  to  the  Prothonotary, 
who  shall  furnish  copies  thereof  to  the  parties  requiring 
the  same;  and  the  argument  shall  be  confined  to  the  facts 
thereto  stated  ;  but  it  shall  be  competent  for  either  party, 
on  notice  to  the  adverse  party,  to  apply  to  the  judge  to 
alter  or  amend  his  report  by  his  original  notes,  or  other- 
wise  by  the  consient  of  the  parties  or  on  affidavit. 

220.  When  rules  niti  are  moved  for  on  the  first  day  of  Knis auirajr 
the  Term  at  Halifax,  the  Court,  on  sufficient  grounds  laid,  oiXdAjoi™ 
may  grant  the  same  without  hearing  the  other  side.  '*""' 

221.  On  the  first  day  of  Term  at  Halifax,  the  Court  S^™^i 
shall  pronounce  judgment,  if  prepared  bo  to  do,  upon  such  tu. 
cases  as  have  been  fully  argued,  after  which  they  shall 

hear  motions  which  do  not  require  to  bo  entered  fur  argu- 
ment, in  the  order  to  which  motions  are  now  heard,  begin- 
ning with  the  Attorney  Ooneral  and  proceeding  through 
the  bar  according  to  priority. 

222.  The  motions  and  other  necessary  business  of  the  ^S^T™!*. 
first  day  of  Term  at  Halifax  having  been  disposed  of,  the  i«d. 
remainder   of  that   day   and  the  subseqaent  days  ot  the 

Term  shall  be  devoted  tohearing  arguments  upon  the  cases 
duly  entered  with  the  Prothonotary,  in  tbe  following  order : 
the  first  case  upon  the  AttorDey-General's  list ;  and  so  on 
through  the  whole  bar,  according  to  priority :  after  the 
first  case  upon  the  junior  barrister's  list  has  been  heard, 
then  the  second  case  upon  the  Attorney-General's  liBt.  and 
so  on  until  all  the  causes  entered  for  argument  have  been 
heard:  but  causes  entered  for  argument  and  continued 
over  the  Term  shall  in  subsequent  terms  retain  the  places 
ihey  originally  occupied  on  the  docket,  and  take  priority 
of  Dew  causes.  No  concSium  shall  be  moved  for  upon 
demurrcivj,  whlcii  will  take  their  turn  with  other  causes 
entered  for  argument. 

223.  The   pArty  wlio  has  obtained  the  rule  nisi  shall  t^S^^am- 
briefly  bring  under  the  notice  of  the   Court  the  grounds  ^<KVei. 
upon   which   the  rule  was  granted.     The  opposite  party 

chall  then  ghew  ciiiise,  and  the  party  supporting  the  rule 
^  shall  reply,  unless  the  Court  specially  direct  a  different 
oooree ;  und  the  right  of  counsel  to  be  heard  on  the  argu- 
ment of  demurrers  or  cases,  shall  be  the  same  as  in  ordi- 
nary arguments. 

224.  The  attorneys  in  the  several  causes  lor  argument  ^^^^^^ 
must  provide  each  of  the  judges  with  copies  of  all  papers  "jj^  "> 
necessary  to  be  perusedby  them  betore  the  argument  begins. 

225.  A  case  entered  into  by  real  parties,  plaintiffs  and  ^^I^^H^iu^t 
defendants,  and  signed  by  counsel,  may  be  filed,  entered, '"'*°'"^'- 


480 


PLEADINGS  AND  PRACTICE. 


[PART  m. 


Chap.  94.    *d^  argued,  without  any  writ  having  iflsued,  and  jadgrment 

may  be  entered  and  execution  issued  therooDi  as  if  the 

suit  had  been  instituted  in  the  usual  way. 

226.  When  cases  have  been  fully  argued,  and  the 
several  judges  who  heard  the  argument  have  decided  upon 
the  judgment  to  be  delivered,  and  have  reduced  their 
opinions  to  writing,  the  judgment  of  the  Court  may  be 
pronounced  by  a  judge  at  chambers,  after  the  several 
opinions  have  been  read. 


Jadgtnent  may 
be  prononnoed 
at  chambers. 


Warnmts,  Ac. 
when  to  be 
filed. 


Provision  for 
warrantii  in  oer- 
t-iin  axse*. 


ProviBion  for 
.judfpnents 
Kince  lilt  Sept. 
1S51. 


OF  VKKDICT8,  JUDGMKNTS,   ETC. 

227.  Every  warrant  of  attorney  to  confess  judgment 
in  any  personal  action,  and  every  cognovit  actionem  in 
any  such  action,  and  every  defeazance  or  condition  to 
which  such  warrant  or  cognovit  may  be  subject,  shall  with- 
in thirty  days  from  the  date  of  such  warrant  or  cognovit 
respectively,  be  filed  in  the  office  of  the  prothonotary  of 
the  county  wherein  the  person  giving  such  warrant  or 
cognovit  resides ;  and  unless  such  warrant  or  cognovit, 
together  with  the  defeasance  or  condition  to  which  the 
same  may  be  subject,  shall  be  sn  filed,  such  warrant  or 
cognovit  shall  be  null  and  void  to  all  intents  and  purposes 
whatsoever.  Provided  that  ever^  defeasance  or  condition 
above  referred  to  shall  be  written  on  the  same  paper  on 
which  the  warrant  or  cognovit  is  written,  and  in  default 
thereof  such  defeasance  or  condition  shall  be  void. 

228.  No  warrant  of  attorney  nor  cognovit  nor  any 
judgment  heretofore  entered  up  thereon  shall  be  held  in- 
operative or  void  by  reason  only  that  such  warrant  or 
cognovit  shall  not  have  been  filed  in  the  office  of  the  pro- 
thonotary of  the  county  wherein  the  person  giving  such 
warrant  or  cognovit,  resided  at  the  date  of  the  same ; 
provided  such  judgment  shall  have  been  otherwise  duly 
entered  up  within  ten  days  after  the  date  of  such  warrant; 
and  such  judgment  shall  form  a  good  and  valid  lien  upon 
the  real  estate  of  the  party  executing  such  warrant  or 
cognovit :  provided  such  judgment  shall  have  been  duly 
registered  in  the  office  of  the  Registrar  of  Deeds  for  the 
county  or  district  wherein  the  real  estate  is  situate. 

229.  Judgments  entered  in  the  book  of  country  judg- 
ments, since  the  first  day  of  September,  1851,  and  the 
transcripts  thereof  entered  in  the  county  judgment  books, 
and  all  other  proceedings  had  under  such  judgments,  shall 
have  the  same  effect  as  if  section  19  ot  Chapter  89  **  Of 
the  Supreme  Court  and  its  Officers,"  had  been  in  force 
when  such  judgments  had  been  entered,  and  as  it  the  same 
had  been  entered,  and  such  other  proceedings  been  bad 
thereunder. 


FTTLI  ZZIII.]  PLU.DING8  AlTD   PBACTICB.  481 

230.  Id  oase  hereafter  of  a  verdict  or  an  award  aoder  Obap.  94. 
ftD  order  of  Court  for  a  Bum  of  money,  in  favor  of  a  plaintiff  i„,g„rt .uow" 
3r  defendant,  where  final  judgraent  is  delayed  by  a  rule  ""Iob  wdicta 
rtui  or  other  proceeding  on  the  part  of  the  opposite  party,  u  d^d  om«. 
aad  jndgmeDt  shall  be  ultimately  given  for  the  party  recov- 
ering the   verdict  or   in  whose   tavor  the   award  is,   edch 
iadf^raent  shall  be  entered  on  tho  verdict  or  award  with 
mterest,    uoleas   the   Court  or   a  jadi^e    shall   otherwise 

order. 

231.  Upon  all  debts  or  sums  certain,  the  jury,  or  the  ^tv»t -^h' 
Coart  or  a  judge  where  there  is  no  jury,  or  an  arbitrator  lurv.jndgew 
under  a  rule  of  Court,  may  allow  interaat  to  the  creditor,  at  »'"'"'"■ 

a  rate  not  exceeding  logiil  interest,  from  the  time  tho  debt 
or  ssm  became  payable,  if  payable  at  a  certain  time,  under 
a  written  instrument ;  or  if  payable  otherwise,  then  from 
the  time  of  a  demand  of  payment  in  writing,  containing  a 
notioe  that  interest  will  be  claimed  from  the  date  of  the 
demand  until  payment  shall  have  been  made. 

232.  The  jury  or  the  Court,  or  the  Judge  where  there  DinugHin 
ia  DO  jury,  or  an  arbitrator  under  rule  of  Court,  may  give  |^"Mj°b* 
damages  in  the  nature  of  interest  over  and  above  the  value  ■"■"™'' 

of  the  goods  at  the  time  of  the  conversion  or  seizure,  and 
over  and  above  the  money  recoverable  in  any  action  on 
policies  of  inenrance. 

233.  Whenever  it  shall  appear  that  the  plaintiff  had  an  wneo  prior  op^ 
opportunity   in  a  prior  suit  of  setting  off  his  claim,  and  »c^^*° 
shall  not  give  a  satiatactory  rjason  for  not  having  done  so  ;  '"*'■ 

be  shall  not  he  entitled  to  recover  any  costs,  and  it  shall 
be  in  the  discretion  of  the  Court  to  grant  the  defendant 
his  costs  against  the  plaintiff. 

334.     Judgment  may  be  ordered,  as  in  case  of  a  noU'Sait,  Jadgmnuu 
fcr  not  duly  proceeding  to  trial,  and  notice  therefor  may  ISi™"'""" 
tw  given,  notwithstanding  a  previous  trial,  or  trials  of  the 
OBOse  may  have  taken  place. 

235.  Fiiml  jiulgiuent  may  be  signed  by  any  judge,  andnuijndgmaoi. 
the  judge  shall  set  down  the  date  upon  the  docket ;  and  '"""«""'■*•■ 
the  Frollionotary  a\mi\  mark  on  the   record  the  day  it  was 

Sled,  but  no  m^Lrgiruii  note  shall  be  required  thereon. 

236.  No  judgment  ahull  have  relation  to  any  other  day  oiMotjndi- 
tban  the  day  on  wbicii  it  is  signed.*  ""'■ 

UISCBLLANBOVS. 

237.  Appeals  irom  ttie  Court  of  Probate  shall  be  made  ApMbfrnn 
directly  to  the  Supreme  Court,  ^"  teomut. 

238.  In  all  actions  and  suits  in  the  Supreme  Court  for  TiDding ot  jniy, 
breach  of  contract  to  deliver  specific  goods  for  a  price  in  SiSi™  m. 
money,  or  in  actions  of  replevin,  on  the  application  of  the  ^|^"  iWIwt 
plaintilT,  and  by  leave  of  the  judge  before  whom  the  caaae  pisiia."'  ""^ 
u  tried,  the  jury  shall,  if  they  Hud  the  plaiatiff  entitled  to 
»%  . 


482  PLEADINGS  AND  PRACTICB.  [PABT  IIL 

Chap.  94.  recover,  find  by  their  verdict  what  are  the  gpoda,  in  respect 
of  the  non-delivery  of  which  the  plaintiff  is  entitled  to 
recover,  and  which  remain  undelivered ;  what  (if  any)  it 
the  sum  the  plaintiff  would  have  been  liable  to  pay  for  the 
delivery  thereof;  what  damages  (if  any)  the  plaintiff 
would  have  sustained  if  the  goods  should  be  delivered 
under  execution  as  hereinafter  mentioned :  and  what  dam* 
ixeoottoBinay  ages  it  uot  SO  delivered.  And,  thereupon,  if  judgment 
I^of '^d?.'""^  shall  be  given  for  the  plaintiff,  the  Court  or  any  judge 
thereof,  at  their  or  his  discretion,  on  the  application  of  the 
plaintiff,  shall  have  power  to  order  execution  to  issue  for 
the  delivery,  on  payment  of  such  sum  (if  any)  as  sbaD 
have  been  found  to  be  payable  by  the  plaintiff,  as  afore- 
said, of  the  said  goods,  without  giving  the  defendant  the 
option  of  retaining  the  same  upon  paying  the  damages 
assessed,  and  such  writ  of  execution  may  be  for  the 
delivery  of  such  goods;  and  if  such  goods  so  ordered  to 
be  delivered,  or  any  part  thereof,  cannot  be  found,  and 
^^-  unless  the  Court  or  a  judge  shall  otherwise  order,  the 

Sheriff  or  Coroner  shall  distrain  the  defendant  by  all  his 
lands  and  chattels,  in  the  said  Sheriff's  bailiwick,  till  the 
defendant  deliver  such  goods,  or,  at  the  option  of  the 
plaintiff,  cause  to  be  made  of  the  defendant's  goods  the 
assessed  value  or  damages,  or  a  due  proportion  thereof; 
providpd  that  the  plaintiff  shall,  either  by  the  same  or  a 
separate  writ  of  execution,  be  entitled  to  have  made  of 
the  defendant's  goods  the  damages,  costs,  and  interest  is 
such  action  or  suit. 
Computation  of  239.  Ill  all  case  in  which  any  particular  number  oi 
"***  days  not  expressed  to  be  clear  days,  is  prescribed  by  this 

Chapter  or  any  other  enactment  regulating  the  practice,  or 
by  the  rules  or  practice  of  the  Court,  the  same  shall  be 
reckoned  exclusively  of  the  first  day  and  inclusively  of  the 
last  day,  unless  the  last  happen  to  fall  on  a  Sunday,  Christ- 
mas Day,  Good  Friday,  or  a  day  appointed  a  public  fast  or 
thanksgiving,  in  which  case  the  time  shall  be  reckoned 
exclusively  of  that  day  also. 
Pnniahment of       240.     Where  any  person  is  guilty  of  contempt  for  dis- 
obedience  in  vacation  of  a  judge  s  order  or  of  a  rule  of 
Court,  it  shall  be  lawful  in  either  case  for  a  judge  in  vaca- 
tion 1 1  enforce  obedience  to  the  order  or  rule  by  attach- 
ment or  execution, 
ijaw^iuof         241.     In   cases  of  any   action   founded  upon  a  bill  of 
to^^npu    exchange  or  other  negotiable  instrument,  it  shall  be  lawful 
defence.  ^^^  ^^^  Court  or  a  judgo  to  ordor  that  the  loss  of  such  instni* 

ment  shall  not  be  set  up ;  provided  an  indemnity  is  giv6ii| 
to  the  satisfaction  of  the  Court  or  judge,  against  the  clainui 
of  any  other  person  upon  such  negotiable  instramant. 


ITLB  ZXm.]  PLBAVINOS   ASD  PBAOIHX.  483 

242.  In  Any  action  against  an  acceptor  of  k  bill  of  Chap.  94. 
txchange,  or  the  maker  of  a  promissory  note,  tlie  defen-  s^^T^^ — 
lant  shall  be  at  liberty  to  stay  proceedings  on  payment  of  ^^v*^^ 
.he  debt  and  costs  in  that  action  only. 

Pr*tAo7u>CaTy  Talcing  Cut*,  tte. 

243.  The  Prothonotary  may  tax  costs,  and  enter,  signi  cuhIdwUia 
ind  date  in  the  ju(^ment  book  for  the  coanty  wherein  he  mn^S^ 
*eside8,  in  the  nsaal  form,  judgment  in  any  undefended '''*°"'- 
Mtase,  bronght  for  the  recovery  of  a  debt  by  confession  or 

la  default,  where  p»rticalars  are  annexed  to  the  writ, 
[except  in  cases  of  foreclosure  of  mortgages),  which  shall 
be  as  T^id  as  if  signed  by  tt  judge;  but  duch  taxation  and 
jadnnent,  or  either  of  them,  may  be  reviewed  and  set 
iside  within  twelve  months  by  the  Court  or  a  judge.  If 
the  costs  be  reduced  on  the  t-axation,  the  Prothonotary  shall 
minnte  such  reduction  on  the  margin  of  the  docket,  and 
the  amount  shall  be  deducted  in  the  order  for  levy  on  the 
9xecotion ;  or,  if  previously  paid,  may  be  recovered  by 
ictioD,  as  in  the  case  of  debt ;  and  in  case  of  any  dedno- 
tioD  being  made  from  the  amount  of  any  attorney's  bill, 
'he  costs  of  the  review  and  re-taxation  shall  be  borne  by 
:be  attorney  whose  bill  has  been  so  reduced. 

244.  The  Prothonotary  shall  examine  and  compare  all  S'^^t.^S  it 
lilia  of  coats,  and  ascertain  that  they  contain  no  other  or  Praciionaurir- 
greater  fees  than  are  allowed  by  law  ;  and,  except  as  herein 
rtherwise  provided,  before  any  such  bill  shall  be  charged 

leainst  the  plaintiff  or  defendant,  if  shall  be  allowed  and 
ngoed  by  a  judge. 

COST*  Ajm   WtES. 

MK.  All  costs  and  fees  for  services  performed  shall  be  °°*'ifc,'5 
■8  prescribed  in  the  Cliaptsr  "  Of  Costs  and  Fees.''  oi^Mr. 

24$.     Any  person  taking  other  or  greater  fees  shall,  for  T^^^^ 
•nch  offence,  forfeit  to  the  party  aggrieved  forty  dollars,  ittt. 
and  also  the  amouut  of  sncb  excessive  fees.  . 

247.  Actions  for  such  forfeitures  ohall  be  brought  in  the  h™  ntarmd. 
county  where  the  offence  was  committed,  and  within  six 

moDtiis  next  afler  the  date  of  snch  offenoe. 

248.  On  all  rules  made  absolute,  or  discharged,  and  on  S^'^^tei 
all  rules  opposed  in  tiie  first  instance,  the  costs  shall  be  ed to naoiirtii) 
allowed  to  the   successful   party,  unless  the  Court  shall  '*^' 
ctberwisa  direct. 

249.  The  costs  attending  the  issue  of  any  commissioQ  °^2^^^' 
and  of  taking  depositions  tberounder,  when  osed  on  trial,  •'^■•"••"•fc 
tiui\  be  costs  in  the  cause.  ^^    ^^ 

250.  The  costs  of  every  rale  or  order  for  the  exaraiaa-»tiaAim  ' 


iU 


PLEADINGS  AND  PRACTICE. 


[past  m. 


Chap,  94. 


Oosto  on  Bew 
trial. 


Noooetaoo 
exoMi  of  length 
in  plwdingp. 


Taxed  oosts 
tnust  be  filed. 


Notice  of  taxa- 
tion in  Halifax. 


Execution  for 
interlocutory 

(KWtS. 


Coflte,  how  re- 
coverable. 


CoAts,  liow 
charged  and 
paid. 


Coati)  in  sum- 
inarjand  ap- 
l>eal  causes. 


Coate  below  to 
be  added  in  Ap- 
pea  oaosei. 


tion  of  witnesses  de  bene  ease  shall  be  costs  in  the  cause, 
'  unless  otherwise  directed. 

251.  If  a  new  trial  be  granted  without  any  inention  of 
costs  in  the  rule,  the  costs  of  the  first  trial  shall  not  be 
allowed  to  the  successful  party,  though  he  shall  succeed  in 
the  second,  unless  the  Court  shall  otherwise  order.  When 
anew  trial  is  granted  on  the  ground  ot  misdirection,  or 
that  the  verdict  was  against  evidence,  the  cost  of  the  first 
trial  shall  abide  the  event,  unless  the  Court  shall  otherwise 
order. 

252.  On  the  taxation  of  costs,  as  between  attorney  and 
client,  no  coats  shall  be  allowed  to  the  attorney  in  respect 
of  any  excess  of  length  in  any  pleading ;  and  in  case  sdj 
such  costs  shall  be  payable  by  the  plaintiff  to  the  defen- 
dant on  account  of  such  excess,  the  amount  thereof  shall 
be  deducted  from  the  attorney's  bill. 

253.  All  bills  of  costs  when  taxed  sliall  be  filed  with 
the  Prothonotary  ;  and  every  bill  of  costs  taxed  on  any 
rule  or  proceeding  in  a  country  case  argued  at  Halifax 
shtfll  be  filed  immediately  after  taxation  at  Halifax,  other- 
wise  no  execution  shall  issue  for  enforcing  payment  of 
such  costs. 

254.  Before  taxation  of  costs  accruing  in  Halifax,  one 
day's  notice  shall  be  given  to  the  opposite  party,  his  coun- 
sel or  attorney  in  Halifax ;  and  the  bill,  with  all  aflidavits 
and  papers  substantiating  the  charges  therein,  shall  be 
filed  with  the  Prothonotary  previously  to  the  giving  of 
such  notice  ;  but  notice  of  taxing  costs  shall  not  be  neces- 
sary in  any  case  where  the  defendant  has  not  appeared  in 
person,  or  by  his  attorney  or  guardian. 

255.  When  interlocutory  costs  shall  be  taxed  against 
any  party,  execution  may  be  issued  for  the  recovery 
thereof. 

256.  Attorneys'  and  Proctors'  bills  of  costs  may  be  sued 
for  and  recovered  as  any  other  debts ;  and  either  party  may 
have  any  such  bill  taxed  at  any  time  before  or  at  the  trial. 
Any  bill  duly  taxed  before  trial  shall  be  prima  /cude  evi- 
dence that  the  amount  allowed  is  payable ;  but  in  cases 
where  the  taxation  is  contested  the  same  shall  be  final. 

257.  All  costs  and  fiees  shall  be  taxed,  charged,  and  paid 
in  such  currency  as  shall  at  the  time  of  their  being  so  tax- 
ed and  charged  be  the  legal  and  established  currency  of 
this  Province. 

258.  The  judges  of  the  Supreme  Court  shall  in  sum* 
mary,  sub-summary,  and  appeal  causes  tax  all  coats  for 
necessary  work  done  in  such  causes  as  allowed  in  deolan* 
tion  causes. 

259.  In  appeal  causes  the  party  succeeding  in  the 
Court  above  shall  be  entitled  to  have  his  coata  from  the 


1TI.B  XZUI.]  PLBADtNOS  AHD  PBACnCE.  485 

Tonrt  below  added  to  hie  bill  wheo  taxed  ;  and  the  jadge  Chap.  94. 
ir  coart  below  shall  tax  and  seiid  up  with  the  appeal  papers 
he  costs  OD  both  sides. 

260.  The  party  in  whose  favor  a  judgmeDt  shall  be  given,  Jim«tn«tto 
ball  be  entitled  to  recover  from  the  opposite  party  his  ""^ 
axable  costs. 

261.  Any  one  of  several  defendants  shall  be  entitled  to  <^^i?^^  ?' 
lis  taxable  costs  when  the  plaintiff  shall  not  prosecute  hisut*.  ™  ' 
uit  to  final  judgment  againHt  liim,  and  also  in  oases  where, 

ipon  the  trial  of  the  issue,  a  verdict  shall  pass  in  his  favor, 
taleas,  in  case  of  a  trial,  tlif*  judge  before  whom  the  trial 
vaa  bad  shall  certify  that  there  was  reasonable  canse  for 
naking  him  a  party  to  the  action. 

262.  If  the  plaintiff  in  any  action,  not  brought  upon  JT'"')^'^ 
KHitract,  express  or  implied,  and  heretofore  deemed  an  KrtTnMtioDi. 
ictioD  of  trespass  or  trespass  on  the  case,  or  in  any  action"'"™'^ 

or  breach  of  promise  of  marriage,  shall  recover  less 
Ituoages  than  the  sum  of  eight  dollars  on  the  trial  of  any 
aane,  or  on  inqniry  on  default,  he  shall  not  recover  any 
soets,  aittess  the  judge  before  whom  the  issue  is  tried  or 
tile  assessment  of  damages  made,  shall  certify  that  the 
kction  was  brought  to  try  a  right  betides  the  mere  right  to 
rscover  damages  for  the  trespass  or  grievance  for  which 
the  action  was  brought,  or  that  the  trespass  or  grievance 
was  wilful  and  malicious,  or  that  the  action  was  not  frivolous 
ud  vexations,  and  that  the  plaintiff  had  actually  sustained 
ktoage  to  the  amount  recovered,  and  had  by  notice  in 
rritiDg  demanded  compensation  therefor  eight  days  before 
letioD  brought :  bnt  nothing  in  this  section  niiall  be  con-  mviM. 
draed  to  deprive  any  plaintiff  of  his  costs  in  any  action 
br  trespass  on  any  lands,  or  for  entering  into  any  tenement 
■  respect  of  which  any  notice  not  to  trespass  thereon  shall 
liave  been  previaiisly  aorved  on  or  left  at  the  last  place  of 
kbode  of  [he  defendant,  by  or  behalf  of  the  owner  or  occu- 
^r. 

263.  When  a  judge's  order  is  made  a  rule  of  Court,  if  J^^*!^'; 
Aall  be  a  part  of  the  rule  tluit  the  costs  of  making  the  order  of  eaait. 
trole  of  Court  shall  be  paid  by  the   party  against  whom 

ttw  order  is  made  ;  provided  an  affidavit  be  made  and  filed 
Ihstthe  order  had  been  served  on  the  party  or  his  attorney, 
Md  disobeyed. 


264,     Writs  of  execution  stiall  bo,  as  nearly  as  may  be,  5™'Si'*' 
u  the  form  heretofore  wsed.  tmd  shall  be  made  returnable,  mti^. 
tithflr  in  sixty  days,  or  to  the  first  day  of  the  next  succeed- 
iog  Term,  and  may  be  drrectod  as  writs  of  summons,  or  to 
Itte  Sheriff  of  any  particular  county  ;  bat  io  no  case  shall 
U.ezecBlioa  be  returnable  within  less  than  sixty  days. 


486  PLEADINGS  AND  PBACTICE.       [riBT  01. 

Gbap.  94.  ^^^'  I^  shall  be  competeDt  for  the  party  aning  out  the 
EndonoDumtra  ^^^^  ^^  direct  by  endorseiDeDt  in  what  manner  it  ia  to  be 
writ  may  be      exocuted,  which  direction  the  officer  ^hall  obey,  and  the 

party  shall  in  all  cases  specify  upon  the  face  of  the  writ,  or 

by  endorsement,  for  wh:it  amount  it  is  to  be  levied. 
When  iMoabie.       266.     No  exocution  shall  issue  on  a  judgment  until  the 

bill  of  costs  and    record,  or,  in  a  summary   canse,   the 

bill  of  costs  shall  be  filed. 
Sadii^ia^     267.    When  any  member  of  the  Provincial  Legislatam, 
ment.  being  taken  under  execution,  shall  be  released  by  reasoD 

of  his  privilege,  he  may  be  taken  under  a  new  writ  after 

the  expiration  of  such  privilege. 

tUrertmT'blf"       ^^'     ^^  ^^y  ^"^  ^^  execution  endorsed  to  levy  on  Ihe 
wi<L  goods  and  chattels  of  the  defendant,   the  Sheriff  may  seiia 

and  sell  the  interest  or  equity  of  redemption  in  any  goodf 
and  chatlek  of  the  party  against  whom  the  writ  has  issned, 
and  such  sale  shall  convey  whatever  interest  the  mortci- 
gor  bad  in  such  goods  and  chattels  at  the  time  of  the  ad> 
livery  of  the  writ  to  the  Sheriff. 

^Jh^'boindby  ^^^'  ^^  ^^^^  ^^  exocutiou  shall  bind  the  goods  of  the 
writ.&c.  defendant,  and  no  writ  of  execution  or  writ  or  attacbmeot 

against  the  goods  of  an  absent  or  absconding  debtor 
shall  prejudice  the  title  to  such  goods  acquired  by  aoy 
person  bona  fide  and  for  a  valuable  consideration  before 
the  actual  seizure  or  attachment  thereof  by  virtue  of  such 
writ ;  provided  such  person  had  not  at  the  time  when  he 
acquired  such  title  notice  that  such  writ,  or  any  other 
writ,  by  virtue  of  which  the  goods  ot  such  owner  might 
be  seized  or  attached,  had  been  delivered  to  and  remained 
unexecuted  in  the  hands  of  the  Sheriff  or  Coroner;  and 
the  Sheriff  or  Coroner  shall,  upon  the  receipt  of  Ibe  writ, 
endorse  thereon  the  time  at  which  the  same  was  received 
by  him. 
Coin,  Ao.,  may  270.  Currcut  gold  aud  silver  coin  may  be  taken  in  exe- 
^'  cution,  and  may  be  paid  to  the  creditor  as  money  collected. 

Provincial  debentures  and  notes,  and  bank  notes,  and  all 
bills  or  evidences  of  debt  issued  by  any  corporation,  and 
circulated  as  money,  may  be  taken  in  execution,  and  paid 
to  the  creditor  at  their  par  value  as  moi^ey  collected,  if 
he  will  accept  them ;  otherwise  they  shall  be  sold  as  other 
chattels. 

Siy^bStoki^''  ^^^'  "^^^  Sheriff  shall  seize,  and  take  in  execution,  any 
anderwrit.^  moucy  or  bank  notes,  (including  any  surplus  of  a  former 
execution  against  the  defendant),  cheques,  bills  of  ox- 
change,  promissory  notes,  bonds,  mortgages,  specialtieiy  or 
other  securities  for  money  belonging  to  the  person  agaiMt 
whose  effects  the  writ  of  execution  has  issned ;  and  thi 
Sheriff  shall  hold  any  such  cheques,  bills  of 
promissory  notes,  bonds;  mortgageSi  specialties^  or 


TRIA  XZln.]  PLSADMOB  AVD  FBiCTICB.  487 

•aoDrities  for  money  as  a  secarity  or  seoarities  for  the  CAiP.  94.  , 
amoDotby  tbe  eDdoroemeot  on  the  writ  directed  to  be 
levied,  or  so  mncb  thereof  as  has  not  been  otherwise  levied 
or  r&ised;  and  the  Sheriff  shall  pay  and  assign  them  to  the 
plaintiff  at  the  Bum  actually  due  on  and  secured  by  them 
respectively  if  be  will  accept  of  them;  otherwise  he  may 
sue  in  his  own  name  for  the  sums  due  thereon  and  secured 
thereby,  when  the  time  of  payment  thereon  has  arrived. 

272.  Tbe  transference  to  the  plaintiff  of  such  cheques,  £f^,;J^- 
bnis  of  exchange,  promissory  note?,  bonds,  mortgages,  u»>^- 
Bpecialties  or  other  securities  for  money,  or  tbe  payment 
of  tbe  same  to  the  Siieriff  with  or  without  suit,  or  the 
racovery  and  levying  execution  againnt  the  party  ao  liable 
OD  the  secaritiea  above  mentioned,  shall  discharge  hiin,  to 
the  extent  of  snch  payment,  or  of  such  recovery,  and  levy 
ID  execution  (as  the  case  may  be),  from  bis  liability  on 
toy  each  cheqne,  bill  of  exchange,  promissory  note,  bond, 
mortgage,  specialty,  or  other  security. 

373.     The  Sheriff  shall   pay  over  to  the  plaintiff  or  his  ^I^^p*)^ 
■itoroey  tbe  money  so  recovered,  or  a  sufficient  sum  to  eonna. 
discbarge  the  amount  by  tbe  writ  directed  to  be  levied, 
lass  bis  poundage  and  expenses. 

274.     If,  afler  satisfaction  of  tbe  amount,  together  with  ^^l,^ 
Sbertff*s  poandage  and  expenses,  any  surplus  remains  in  ou^ 
tbe  bands  of  the  Sheriff,  the  same  shall  be  paid  to  tbe 
party  against  whom  the  execution  issued. 

S75.  No  Sheriff  shall  be  bound  to  sue  any  party  liable  ^tosi 
vpoD  any  such  cheque,  bill  of  exchange,  promissory  note, 
boad,  mortgage,  specialty, or  other  security,  unless  the  party 
who  sued  out  tiie  execution  enters  into  a  bond  with  two 
Boreties  to  indemnify  such  Sheriff  from  all  coste  and  ex- 
peoees  to  bo  incurred  in  tbe  proaecntion  of  the  action,  or 
to  which  lie  may  become  liable  in  consequence  thereof ; 
•ad  the  expense  of  sucli  bond  bay  be  deducted  out  of  any 
noaey  recovered  in  such  action. 

276.     The  Sheriff  aliall,  in  returning  every  exeontion,^^; 
state  epecinlly  his  doings  thereunder,  and  where  property  ■•"»■ 
has  been  taken,  give  a  apeciGc  account  thereof,  and  of  the 
ules  of  the  same,  with  an  accoant  of  his  fees  and  charges 
■^inst  tbe  same. 

877.     The  necessary  wearing  apparel  and  bedding  °^ti^' 
the  debtor  and  his  family,  and  the  tools  or  instruments  of 
Ins  trade  or  calling,  una  stove,  and  hia  last  cow,  shall  be 
exempted  from  osecution. 

2i8.     No  writ  of  execution  shall  biod  the  goods  ot  the^jui^ 
dsfeniiant  but  from  the  time  the  writ  shall  be  delivered  to 
Ibe  Sheriff  to  be  exeoated;- and   the  Sheriff  shall,  opon 
the  receipt  of  the  writ,  endorse  thereon  the  time  at  whtoh 
Ihe  same  was  received  by  bim. 


488  PLEADINGS  AND  PBACTIGE.  [PABT  in. 

^  Chap.  94.       279.    Jadgments  Bhall,  in  all  oasoB,  bear  interest,  and 
interartmny     ^^®  same  may  be  levied  for  under  execution. . 

be  levied  for. 

Discharge^  ^e, 

d^dutfrom      280.    A  wfitteQ  Order,  under  the  hand  of  the  attorney 
coBtodj.  jjj  ^jjQ  cause  by  whom  any  writ  of  execution  shall  have 

been  issued,  shall  justify  the  Sheriff,  jailer,  or  party  io 
whose  custody  the  party  may  be  under  such  writ,  in  dis- 
charging such   party ;  unless  the   party  for  whom   such 
attorney   professes    to    act    shall    have  given     written 
notice  to  the  contrary,  to  such  Sheriff,  jailer,  or  person  in 
whose  custody  the  opposite  party  may  be :  but  such  dia- 
charge  shall  not  be  a  satisfaction  of  the  debt,  unless  made 
by  the  authority  of  the  creditor ;  and  nothibg  herein  con- 
tained shall  justify  any  attorney  in  giving  such  order  for 
discharge  without  the  consent  of  his  client. 
SeoeMiww'to  be     ^^^'     "^^  satisfaction  pieces  shall  be  signed  bjr  the  plain- 
signed,  tiff  or  his  personal  representatives,  or  by  an  attorney  spe- 
cially authorized  for  that  purpose,  unless  a  judge  upon 
special  circumstances  set  forth  in  an  aflidavit,  shall  dispense 
with  the  necessity  for  such  authorization. 

The  satisfaction  piece  may  be  in  the  form  following: 

In  the  Supreme  Court.  ,  18 . 

Satisfaction  is  acknowledged  between ,  plaintiff, 

and ,  defendant,  for  and  costs. 

Judgment  entered  on  the day  of ,  in  the 

year  of  our  Lord  one  thousand  eight  hundred  and . 


Fbrm. 


QARNISHERS. 


Judgment  credi-  282.  Any  Creditor  who  has  obtained  a  judgment  in 
ined  in  oenSi™  the  Supreme  Court  against  any  defendant,  excopt  under 
***"•  the   Chapter  "  Of   Suits   against   Absent  or  Absconding 

Debtors,^'  may  from  time  to  time  apply  to  the  Court  or  a 
judge  for  a  rule  or  order  that  the  judgment  debtor  shall 
be  orally  examined  before  the  judge  or  a  commissioner  as 
to  any  and  what  debts  are  owing  to  him  :  and  the  Court  or 
judge  may  make  such  rule  or  order  for  the  examination  of 
the  judgment  debtor,  and  for  the  production  of  any  bookfl 
or  documents;  and  the  examination  shall  be  conducted  io 
the  same  manner  as  in  case  of  an  oral  examination  of  aa 
opposite  party. 

MtodebtedSe  ^^^'  ^P^^  ^^^  ^^  parte  application  of  such  judgment 
by  third  parties,  creditor,  either  before  or  after  such  oral  examiuatioo^ 
and  upon  his  affidavit  or  that  of  his  attorney  stating  UiaS^ 
judgment  has  been  recovered,  and  that  it  is  Rtill  unaatisfia^ 
and  to  what  amount,  and  that  some  third  person  it0 
indebted  to  the  judgment  debtor  and  is  within  the  jnuB^ 
diction,  a  judge  may  order  that  all  debts  owing  by  or  aocnk^ 


TITLI  ZXm.]  PI.EADIHQ8  AND  PBlOnOB.  489 

ing  from  Bttcb  third  person  to  the  judgment  debtor  shall  be  Chap.  94, 
iittached  to  answer  the  judgment.  

284.  Such  third   person  ie  hereinafter  called  the  gar-Dantaintaudi 
nishee  :  and  service  upon  him  of  an  order  that  debts  due  ^j^^' 
or  accruing  to  the  judgment   debtor  shKll  be  attached,  or 

notice  thereor  to  the  garnishee  in  suoh  manner  as  the 
judge  directs,  shall  bind  such  debts  in  his  hands;  and  by 
the  same  or  any  subsequent  order  it  may  be  ordered  that 
the  garnishee  shall  appear  before  the  judge  to  shew  cause 
why  he  should  not  pay  the  judgment  creditor  the  debt  due 
from  him  to  the  judgment  debtor,  or  so  much  thereof  as 
may  be  snfBcieut  to  satisfy  the  judgment  debt. 

285.  It   the  garnishee  does  not  forthwith    pay  into  S^JT^'X^St 
Court  the  amount  due  from  him  tn  the  judgment  debtor  or  of  i»yni«nt. 
an  amount  equal  to  the  judgment  debt,  and  does  not  dis- 
pute the  debt  due  or  claimed  to  be  due  from  him  to  the 
judgment  debtor,  or  if  he  does  not  appear  upon  such  order, 

then  the  judge  may  order  exeoution  to  inane,  and  it  may 
he  saed  out  accordingly  without  any  previous  writ  or  pro- 
cata  to  levy  the  amount  due  from  such  garnishee  towards 
satisfaction  of  the  judgment  debt. 

286.  If  the  garnishee  disputes  his  liability,  the  ji'^S^i 'j^'^^Siiw 
instead  of  making  an  order  that  execution  shall  issue,  may  ^^miu- 
order  that  tlie  judgment  creditor  may  proceed  against  the  ^^^' 
eamishee  by  writ  calling  upon  him  to  shew  cause  why 

Uiere  should  not  be  execution  against  him  for  the  alleged 
debt,  or  for  the  amount  due  to  uie  judgment  debtor  if  less 
than  the  judgment  debt ;  and  for  coats  of  auit,  and  the  pro- 
ceedings upon  such  suit  shall  be  the  same,  or  as  nearly  as 
may  be,  as  upon  a  writ  of  revivor. 

287.  Payment  made  by  or  execution  levied  upon  the  o^miixaB  diiH 
garnishee  under  any  such  proceedings  shall  be  a  valid  dis-ui^SdutTo^- 
efaarge   to   him   as   against  the  judgment   debtor   to   tlig"™****"- 
amount  paid  or  levied,  although  the  proceedings  should  be 
afterwards  set  aside  or  the  judgment   be  reversed.     The 

ooeta  of  any  application  for  an  attachment  under  any  of 
Uiafive  preceding  sections  and  of  any  proceedings  arising 
from  or  incidental  to  such  application  shall  he  in  the  dis- 
cretion of  the  Court  or  ajudge. 

238.  Nothing  in  Ihe  aii  preceding  sections  shall  be  P"'1»^>«- 
constrnod  to  contravene  the  provisions  of  any  law  of  the  SniTratuv. 
Dominion  of  Canada  relating  to  insolvency. 


I'      rrf>     o, 


19.     Actions  of  ejectment  shall  be  commenced  by  writ  a 
of   summons   against   all    persons    in   possosaion   of   the^ 
property  claimed,  and   t^hall  in  all   cases  be  conducted  as 
other  actiona;  and  damages  may  he  given  for  the  plaintifif 


PLBADIKQS  AND  PBACXW/ 


14. 


ion  3f 
and 

f  par- 

.Ued. 


Fbrms  ia  cjcot- 
ment. 


Ifhomayap* 
[Mar. 


Plea  when  oon- 
lidered  defence 
»  whole. 

[>efenoemaj 
delimited. 


SabitaBee  and 
onnof  plea. 


on  triali  provided  they  shall  be  specifically  set  forth  in  the 
writ;  and,  on  judgment  by  defaalt,  the  plaintiff  shall  be 
entitled  to  cost»,  and  the  damaees  may  be  assessed  as  in 
other  cases  of  judgments  by  defaalt,  or  they  may  form  the 
subject  of  a  separate  suit,  at  the  plaintiff's  option. 

290.  The  writ  shall  describe  the  property  claimed  with 
reasonable  certainty.    It  shall  also  state  the  names  of  all 
the  persons  in  whom  the  title  is  alleged  to  be,  and  the 
shall  be  thereou  endorsed  a  notice  that  if  the  defendant  d^ 
not  appear  and  defend  the  property  sued  for,  or  such 
thereof  as  he  may   think  fit,  within  the  time  specified  i 
such  notice,  the  plaintiff  will  beat  liberty  to  sign  jndgmen 
at  the  expiration  of  such  time,  and  that  the  defendant  ma 
thereupon  be  turned  out  of  possession.     The  writ  shall 
served  in  the  same  manner  as  other  writs,  or  in  such  man- 
ner as  the  Court  or  a  judge  shall  order,  under  any  peculia 
circumstances ;  and  in  case  of  vacant  possession,  the  fact 
of  such   vacant   possession   shall  be   determined   by  the 
Court  or  a  judge,  and  the  service  shall  be  by  posting  ap  a 
copy  thereof  upon  the  door  of  the  dwelling,  or  other  oon- 
spicuous  part  of  the  property. 

291.  The  following  forms  in  ejectment  shall  be  used, 
viz. :  the  writ,  Schedule  A,  number  16  ;  the  notice  endorsed 
on  writ,  Schedule  A,  number  17;  judgment  for  non-appear* 
ance.  Schedule  A,  number  18  ;  judgment  for  plaintiff  after 
appearance  and  plea.  Schedule  A,  number  19 ;  and  where 
other  forms  are  requisite,  they  shall  be  assimilated  to  the 
above. 

292.  Any  person  shall  be  permitted  to  appear,  on  filing 
an  affidavit  that  he  is  in  possession  of  the  land,  either  by 
himself  or  his  tenant ;  and  also  any  person  who  would  here- 
tofore be  entitled  to  appear ;  but  the  Court  or  a  judge 
shall  have  power  to  strike  out  or  confine  defences  set  up 
by  persons  not  so  entitled. 

293.  A  plea  not  confining  the  defence  to  a  part  of  the 
premises,  shall  be  considered  a  defence  to  the  whole. 

294.  Any  person  appearing  shall  be  at  liberty  to  limit 
his  defence  by  plea  to  a  part  only  of  the  property  men- 
tioned in  the  writ,  describing  that  part  with  reasonable 
certainty. 

295.  The  plea  shall  be  confined  to  a  denial  in  whole  or 
in  part  of  the  plaintiff's  right  to  the  possession  claimed,  or 
to  a  right  of  possession  in  himself  with  the  plaintiff  as 
tenant  in  common  with  the  plaintiff,  or  to  a  denial  that  he 
was  in  possession  of  the  whole  or  any  part  of  the  prenr 
ises  at  the  time  of  action  brought,  and   is  not   withbolc 
ing  the  same.    The  forms  shall  be  those  in  Schedule  I 
numbers  20,  21  and  22. 


fttlM  ZZnL]  PLUDUIGS  AHD  PBACTIOB.  Ml 

296.  Od  the  trial  of  soy  aotioD  of  ejectment  the  defen-  Chap.  94. 
duit  aaj  aet  up  any  equitable  deteoca  whioh  would  be  BuoitaMsta 
availftble  in  the  Court  of  Equity  ini  case  the  subject  matter  '™™  ■»*' ^ 
were  there  nnder  adjadication  ;  and  aaob  defeace  ahall  be 

by  plea,  beginning  with  the  words,  "  For  defence  od  equit- 
able grouQaa,''  or  words  to  the  like  effect.  The  plfunUff 
may  reply,  by  leave  of  the  Court  or  a  judge,  in  answer  to 
any  equitable  plea  of  the  defendant,  facte  which  avoid  8uoh 
[rfea  on  equitable  grounds;  provided  thnt  anch  replioation 
shall  begin  with  the  words,  "  For  replication  on  equitable 
grounds  "  or  words  to  the  like  effect.  If  the  plaintiff  shall 
claim  title  under  a  mortgage  or  other  contract,  or  the 
defence  be  founded  on  any  defeasance,  bond  for  a  deed, 
coDtract,  or  other  agreement,  whether  the  action  be 
brought  for  the  foreclosure  oi  a  mortgage,  or  otherwise, 
the  defendant  may  give  in  evidence,  tender,  paj'ment,  set- 
off or  other  equitable  defence,  if  he  shall,  at  the  time  of 
filing  his  plea,  or  subnequeutly  by  leave  of  the  Court  or  a 
judge,  who  are  hereby  empowered  to  graut  such  leave  in 
toy  stage  of  the  cause,  have  given  notice  in  writing  of  the 
nature  ot  the  defiance  on  whioh  he  tntenda  to  roly;  and 
particulars  of  demand  and  set-off  may  be  obtained  as  in 
other  actions ;  and  in  all  aucb  cases  the  defendant  haviog 
the  right  of  redemption  or  equitable  estate  iu  the  taade, 
pmy  pay  to  the  plaintiff  or  bring  into  Court  the  amount 
due  with  costs;  xod  thereupon  the  Court,  by  raie,  may 
compel  the  plaintiff  to  make  such  conveyance  or  release  as  > 
may  be  agreeable  to  Equity. 

297.  If  the  justice  of  the  oase  require  it,  the  Court  or  J*;^^ 
a  judge  may  make  an  order  for  the  sale  of  tlie  premiseB  m^iieQud*. 
aooght  to  be  recovered,  or  any  part  thereof,  and  for  the 
application  oi  the  proceeds,  and  for  the  release  or  other 
reconveyance  of  the  same,  or  any  part  thereto,  at  any  time 

before  the  sale;  provided  always  that  before  the  Court  or 
a  judge  shall  order  such  distribution  of  the  proceeds,  it 
smll  be  made  to  appear  that  all  persons  interested  have  had 
reasonable  notice,  by  advertisement  or  otherwise,  of  such 

plication. 

98.  In  case  the  plaintiff  or  any  defendant  shall  refuse  S^Sb^ata 
or  neglect  to  make  or  perfect  any  such  conveyance  the 
Court  may  order  such  conveyauce  to  be  made  by  the 
Sheriff,  wbicb,  wlien  confirmed  by  the  Conrt  or  a  judge, 
Bhalt  have  the  same  operation  and  effect  as  if  made  by  a 
Master  of  the  Court  of  Chancery,  nnder  a  decree  or  order 
of  that  Conrt,  whtin  it  existed  in  this  Province. 

299.  Where  the  proceedings  are  had  under  the  t^f^^J^^P"^ 
last  preceding  sections,  no  writ  of  possession  shall  issue  but.  '^ 
wtthont  the  leave  of  the  Conrt. 


%° 


492 


PLEADINGS  AND  PBAGTICB. 


[PART  in. 


Chap.  94. 

Defandaiit 
iMgleeCiiig  to 
ATBilhlmMlfof 
eqniUble  de- 
fence. 

Want  of  cer- 
taintj  in  pleftd- 
ingi. 


4adgment  for 
want  of  ap- 
peanmoeand 
plea. 


lasae  and  trial. 


Action  by  joint 
tenants,  Sm. 


Where'plaintiff'i 
title  expires 
before  trial. 


Non-appear- 
«noe  of  parties 
at  trill. 


300.  Any  defendant  having  an  equitable  defence  of 
which  be  might  avail  himself,  nnder  section  296,  and  ne- 
glecting or  refusing  so  to  do,  shall  not  be  at  liberty,  with- 
out leave  of  the  Court  or  a  judge  to  apply  for  relief  in 
Equity. 

301.  Want  of  reasonable  certainty  in  th^  writ  or  plea 
shall  not  nullify  it,  but  shall  only  be  ground  for  applica- 
tion to  the  Court  or  a  judge,  for  an  order  for  better  par- 
ticulars as  to  the  land  claimed  or  defended,  which  the  Court 
or  a  judge  shall  have  power  to  give  in  all  cases. 

302.  In  case  there  be  no  appearance  and  plea  within 
the  time  appointed,^  or  if  an  appearance  be  entered  but 
the  defence  limited  to  part  only,  the  plaintiff  shall  be  at 
liberty  to  sign  judgment  that  the  person  whose  title  is 
asserted  in  the  writ  shall  recover  possession  of  the  land,  or 
of  the  part  thereof  to  which  the  defence  does  not  apply. 

303.  In  case  an  appearance  and  plea  shall  be  entered 
either  for  the  whole  or  part  of  the  premises  claimed,  the 
cause  shall  be  considered  at  issue ;  and  the  parties  may 
proceed  thereupon  to  trial  as  in  other  actions,  and  the 
question  at  tho  trial  shall,  except  in  the  case  thereinafter 
mentioned,  be  whether  the  statement  in  the  writ  of  the 
title  of  the  claimant  be  true  or  false,  in  whole  or  in  part, 
and,  if  true,  then  which  of  the  claimants,  if  more  than 
one,  is  entitled ;  and  also,  whether  he  is  entitled  to  any, 
and  what  damages  for  the  wrongful  withholding  of  such 
premises. 

304.  In  case  of  such  an  action  being  brought  by  some 
or  one  of  the  several  persons  entitled  as  joint  tenants, 
tenants  in  commoD,  or  co-parceners,  any  joint  tenant, 
tenant  in  common,  or  co-parcener  in  possession,  may  plead 
that  he  defends  as  such,  and  admits  the  right  of  the  claim- 
ant to  an  individual  share  of  the  property,  but  denies  any 
actual  ouster  of  him  from  the  property  ;  and  upon  the  trial 
of  such  issue,  the  additional  question  of  whether  an 
actual  ouster  has  taken  place,  shall  be  tried  as  at  present, 
in  an  action  of  ejectment. 

305.  In  case  the  title  of  the  claimant  shall  appear  to 
have  existed  as  alleged  in  the  writ,  and  aj;  the  time  of  ser- 
vice thereof,  but  it  shall  also  appear  to  have  expired  before 
the  time  of  trial,  the  claimant  shall,  notwithstanding,  be 
entitled  to  a  verdict  according  to  the  fact  that  he  was  so 
entitled  at  the  time  of  bringing  the  action  and  serving  the 
writ,  to  a  judgment  for  his  costs  of  suit. 

306.  If  the  defendant  appears,  and  the  claimant  does 
not  appear  at  the  trial,  the  claimant  shall  be  non-suited ; 
and  if  the  claimant  appears  and  tho  defendant  does  not 
appear,  the  claimant  shall  be  entitled  to  recover  as  bera> 
tofore  without  any  proof  of  his  title. 


IITLB  XXin.]  PLSADIHOS  AND  PBACTtCE.  493 

307.  Upon  any  jndgnieDt  in  ejectment  for  the  recovery  Chap.  94. 
of  posBessioQ  and  costs,  there  may  be  either  one  vrtt,  or  writo^tpot- — 
separate  writs  of  execution  for  the  recovery  of  posaeasion  •««™- 

and  for  coats,  at  the  election  of  the  claimants. 

308.  The   death  of  a  claimant  or  detendant  shall   not  i>«<tbotp>r- 
canse  the  action  to  abate,  but  it  may  be  continued  as  here- 
inafter mentioned. 

309.  In  case  the  right  of  a  deceased  claimant  shall  sar*  DsUiotnuot 
vivo  to  another  claimant  a  suggestion  may  bo  made  of  the  UiS*'    '" 
death,  which  suggestion  shall  not  be  traversable,  but  shall 

only  be  subject  to  be  set  aside  if  untrue,  and  the  action 
may  proceed  at  the  suit  ot  the  surviving  claimant,  and,  if 
aoch  suggestion  shall  be  made  before  the  trial,  then  the 
claimant  shall  have  a  verdict,  and  recover  such  judgment  as 
aforesaid,  upon  its  appearing  that  he  was  entitled  to  bring 
the  action  either  separately  or  jointly  with  the  deceased 
claimant. 

310.  In  case  of  the  death  before  trial,  of  one  of  several  ^'S<!(1^- 
claimants  whose  right  does  not  survive  to  another  or  other  vi>e  to  other 
sf  the   claimants,  where  the  legal   representative  of  the 
deceased  claimant  sliall  not  become  a  party  to  the  suit  in 
manner  hereinaf>.er  mentioned,  a  suggestion  may  be  made 

3f  the  death,  which  suggestioQ  shall  not  be  traversable, 
but  shall  only  be  subject  to  be  set  aaide  if  untrue  ;  and  the 
iction  may  proceed  at  the  suit  of  the  surviving  claimant 
for  such  share  ot  the  property  as  he  is  entitled  to,  and 
costs. 

3U.  In  case  of  a  verdict  for  two  or  more  claimants,  if  AMfTTeniiot 
one  of  such  claimants  die  before  execution  executed ;  the  "nnuoo" 
other  claimant  may,  whether  the  legal  right  to  the  pro- 
perty shall  survive  or  not,  BUg|;est  the  death  in  manner 
aforesaid,  and  proceed  to  judgment  and  execution  for  the 
recovery  of  possession  of  the  entirety  of  the  property  and 
costs:  but  nothing  herein  contained  shall  affect  the  right 
of  the  legal  representative  of  the  deceased  ctaimaat,  or 
tbe  liability  of  the  surviving  claimant  to  such  legal  repre- 
MDtfttive;  and  the  entry  and  possession  of  such  surviving 
obitDaut,  under  such  execution,  snail  be  considered  as  an 
entry  and  pot^sessiuu  on  behalf  of  such  legal  representa* 
live,  in  respect  of  the  share  of  the  property  to  which  he 
ihall  be  entillud  as  tiinch  reproBentative,  and  the  Court  may 
direct  possession  to  be  delivered  accordingly. 

312,     In  case  ol  the  death  of  a  sole  claimant,  or  before  orHiacbiin- 
^rial   of  one   of  several  claimants,  whose  right  does  not  h^ioi*iid- 
iurvive  to  anotljer  or  others  of  the  claimants,  tbe  legal  J^**'"" 
-epresentutive   of  such   claimant   may,   by   leave   of  tbe 
[?ourt  or  a  judge,  enter  a  suggestion  of  the  death,  and 
^at  he  is  such  legal  representative,  and  the  action  shall 
;lier«api>i)  proceed ;  uid  if  such  suggestion  be  made  before 


404 


PLEADINGS  AND  PRACTIOB. 


[PAST  m. 


Of  OM«f 

sevenl  joint 
defencUmtB. 


Chap.  91.    ^^®  trial,  the  trath  of  the  suggestion  shall  be  tried  thereat, 

~  together  with  the  title  of  the  deceased  claimant ;  and  such 

jud^ent  shall  follow  upon  the  verdict  in  fiivour  of^  or 
against  the  person  making  such  suggestion  as  hereinbefore 
provided,  with  reference  to  a  judgment  for  or  against  such 
claimant ;  and  in  case  such  suggestion  in  the  case  of  a 
sole  claimant  be  made  after  trial,  and  before  execution 
executed  by  delivery  of  possession  thereupon,  and  such 
suggestion  be  denied  by  the  defendant  within  twelve 
days  after  notice  thereof,  or  such  further  time  as  the  Court 
or  a  judge  may  allow,  then  such  suggestion  shall  be  tried; 
and  if,  upon  a  trial  therefor,  a  verdict  shall  pass  for  the 
person  making  such  suggestion,  he  shall  be  entitled  to 
such  judgment  as  aforesaid  for  the  recovery  of  possession 
and  for  the  costs  of  and  occasioned  by  such  suggestion; 
and  in  case  of  a  verdict  for  the  defendant,  such  defendant 
shall  be  entitled  to  such  judgment  as  aforesaid  for  costs. 

313.  In  case  of  the  death  before  or  after  judgment  of 
one  of  several  defendants  in  ejectment,  who  defend  jointly, 
a  suggestion  may  be  made  of  th^  death,  which  suggestion 
shall  not  be  traversable,  but  only  be  subject  to  be  set  aside 
if  untrue,  and  the  action  may  proceed  against  the  surviving 
defendant  to  judgment  and  execution. 

314.  In  case  of  the  death  of  a  sole  defendant,  or  of  all 
the  defendants  in  ejectment,  before  trial,  a  suggestion  may 
bo  made  of  the  death,  which  suggestion  shall  not  be  tra- 
versable, but  only  be  subject  to  be  set  aside  if  untrue; 
and  the  claimants  shall  be  entitled  to  judgment  for  recov- 
ery of  possession  of  the  property,  unless  some  other  person 
shall  appear  and  defend,  within  the  time  to  be  appointed 
for  that  purpose  by  the  order  of  the  Court  or  a  judge,  to  be 
made  upon  the  application  of  the  claimants :  and  it  shall 
be  lawful  for  the  Court  or  a  judge,  upon  such  suggestion 
being  made,  and  upon  such  application  as  aforesaid,  to 
order  that  the  claimants  shall  be  at  liberty  to  sign 
ment  within  such  time  as  the  Court  or  judge  may 
fit,  unless  the  person  then  in  possession,  by  himself  or  his 
tenants,  or  by  the  legal  representative  of  the  deceased 
defendant,  shall,  within  such  time,  appear  and  defend  the 
action,  and  such  order  may  be  served  in  the  same  manner 
as  the  writ ;  and  in  case  such  person  shall  appear  and 
defend  the  same,  proceedings  may  be  taken  against  sach 
new  defendant,  as  if  he  had  originally  appeared  and  de- 
fended the  action  ;  and  if  no  appearance  be  entered,  and  no 
defence  made,  then  the  claimant  shall  be  at  liberty  to  sigti 
judgment  pursuant  to  the  order. 

315.  In  case  of  the  death  of  a  sole  defendant|  or  of 
all  the  defendants  in  ejectment,  after  verdict,  the  dmhiH 
ants  shall,  nevertheless,  be  entitled  to  judgmentf  M  if  00^ 


Of  sole  or  all 
defondaiitfl 
before  trial. 


Of  aole  or  all 
defendants 
after  verdict. 


raiM  xxm.]        pi^baduigs  and  feictich.  495 

Bach  death  had  taken  place,  and  to  proceed  by  exeontion  Chap.  94. 
for  recovery  of  possession,  without  saggestion  or  revivor, 
aad  to  proceed  for  the  recovery  of  the  costs  in  like  man- 
ner ae  upon  any  other  judgment  for  money  against  the 
legal  repreaentative  of  the  deceased  defendant  or  defen- 
daota. 

316.  In   cane  of    the    death,    before  trial,   of  one    of*l?^°'¥^ 
severs!  defendants  in  ejectment,  who  defends  separately  Man ^.ifo- 
for  a  portion  of  the  property  for  which  the  other  defendant  JjjJiS'" 
or  deleadaota  do  not  defend,  the  same  proceedings  may  be 

takeo  as  to  snch  portion  as  in  the  case  of  the  death  of  a 
sole  defendant ;  or  the  claimants  may  proceed  against  the 
sarviving  defendants  in  respect  of  the  portion  of  the  pro- 
party  for  which  they  defend. 

317.  In  case  of  the  death,  before  trial,  ot  one  of  several  °ino.  where 
defendants  in  ejectment,  who  defends,  separately,  in   res- dtfsuDs. 
pect  of  property  for  which  surviving  defendants  also  de- 
fend ;  it  shall  be  lawful  lor  the  Conrt  or  a  judge,  at  any 

time  before  the  trial,  to  allow  the  person  at  the  time  of  the 
death  in  possession  of  the  property,  or  the  legal  representa- 
tive of  the  deceased  defendant,  to  appear  and  defend  on 
inch  terms  as  may  appear  reasonable  and  just,  upon  the 
tpplicotion  of  such  person  or  representative;  and  if  no 
inch  application  be  made,  or  leave  granted,  the  claimant 
raggestiug  the  death  in  manner  aforesaid,  may  proceed 
tgainst  the  surviving  defendant  or  defendants  to  judgment 
ftod  execution. 

318.  The  claimant  in  ejectment  shall  be  at  liberty  at  °'«>°i^'»»<' 
any  time  to  discontinue  the  action,  as  to  one  or  more  of  man  deten- 
tbe  defendants,  by  filing  a  discontinaance  or  rule  therefor,  *■■"*■ 

u  against  snch  defendant  or  defendants,  and  giving  notice 
thereof  in  writing  to  the  defendant  or  defendants  against 
whom  the  action  is  discontinued  ;  and  thereupon  the  de- 
bocUnt  to  whom  such  notice  is  given,  shall  be  entitled  to 
tut  bis  costs  of  defence,  and  have  execution  therefor. 

S:19.     In  case  one  of  several  claimants  shall  be  desirous  ^«»'>^<>"'v 
to  discontinue,  he  may  apply  to  the  Court  or  a  judge  to  «>i ouimuti. 
bave  his  name  struck  out  of  the  proceedings  ;  and  an  order 
may  be  made  thereupon,  on  such  terms  as  to  the  Court  or  a 
judge  miiy  seem  fit,  and  tha  action  shall  thereupon  proceed 
at  the  suit  of  the  other  claimants. 

320.  A  sole  dafeiidatit,  or  all  the  defendante  in  eject- »<*™*^"»w^ 
meut,  shall  be  at  liberty  to  confess  the  action,  as  to  theario*^rt. 
whole  or  part  ot  the  property,  by  giving  to  the  claimant  a 
notice  headed  in  the  court  and  cause,  and  signed  by  the 
defendant  or  defendniits :  such  signatures  to  be  attested 
by  his  or  their  attorney,  and  thereupon  the  claimant  shall 
be  entitled  to,  and  may  forthwith  sign  judgment  and  isaae 
exeontioa  lor  the  recovery  of  possession  and  oosta. 


496 


PLEADINGS  AKD  PRACTIOE. 


[PABT  m. 


Chap.  94. 

Oneofaeveral 
defendants 
may  confess 
as  to  part  of 
propcurty. 


Defendant  de- 
fending sepa- 
rately may 
confess  as  to 
part. 


Bffect  of  judg- 
ment. 


Bpedal  verdict. 

Judgment  for 
claimants  and 
execution. 


Security  for 
costs  in  second 
Action. 


Judgment  for 
defendant. 


Power  of  court 
over  proceed- 
ings. 


321.  In  case  one  of  several  defendants  in  ejectment 
who  defends  separately  for  a  portion  of  the  property  for 
which  other  defendants  do  not  defend,  shall  be  desirous  of 
confessing  the  claimant's  title  to  such  portion,  he  may  give 
a  like  notice  to  the  claimant ;  and  thereupon  the  claimant 
shall  be  entitled  to,  and  may  forthwith  sign  judgment  and 
issue  execution  for,  the  recovery  of  such  portion  of  the 
property,  and  for  the  costs  occasioned  by  the  defence  rela- 
ting to  the  same;  and  the  action  may  proceed  as  to  the 
residue. 

322.  In  case  one  of  several  defendants  in   ejectments  ^ 
who  defends  separately  in  respect  of  property  tor  whic^ 
other  defendants  also  defend,  shall   be   aesirous   of  co 
fessing  the  claimant's  title,  he  may  give  alike  notice  the 
of:  and  thereupon  the  claimant  shall  be  entitled  to,  a 
may  sign  judgment  against  such  defendant  for,  the  cos-— — 
occasioned  by  his  defence ;  and  may  proceed  in  the  acti 
against  the  other  defendants  to  judgment  and  executio:^ 

323.  The  effect  of  a  judgment  in  such  an  action  sh 
be  the  same  as  that  of  a  judgment  in  the  present  action 
ejectment. 

324.  The  jury  may  find  a  special  verdict. 

325.  Upon  finding  for  the  claimants,  judgment  may  b 
signed  and  execution  issue,  for  the  recovery  of  the 
session,  and  for  the  damages  awarded,  and  for  the  costs,  a 
at  present  in  the  action  of  ejectment. 

326.  If  any  person  shall  bring  an  action  of  ejectment 
after  a  prior  action   of  ejectment   for  the  same  premisoi 
has  been,  or  shall  have   been,  unsuccessfully  brought  bv*' 
such  person,  or  by  any  person  through  or  under  whom  hc^ 
claims,  the  Court  or  a  judge  may,  if  they  or  he  think  fit^ 
on  the  application  of  the  defendant,  at  any  time  after  such, 
defendant  has  appeared  to  the  writ,  order  that  the  plaintiff 
shall  give  to  the  defendant  security  for  the  payment  of  the 
defendant's  costs,  and  that  all  further  proceedings  in  the 
cause  shall  be  stayed  until  such  security  be  given,  whether 
the  prior  action  has  been  or  shall  have  been  disposed  of 
by  discontinuance,   by  non-suit,  or  by  judgment  for  the 
defendant. 

327.  Upon  finding  for  the  defendants,  or  any  of  them, 
judgment  may  be  signed  and  execution  issue,  for  costs 
against  the  claimants  named  in  the  writ.     . 

328.  The  Court  and  the  judges  thereof  may  exercise 
over  the  proceedings  in  the  action,  the  same  jurisdiction 
which  is  at  present  exercised  in  the  action  of  ejectmenty  so 
as  to  ensure  a  trial  of  the  title,  and  of  actual  ouster  when 
necessary. 


•miM  XXOL]  PLEADINGS  ABD  PKACTtCB.  49T 

Chap.  94. 


329.  EtepleTiQ  may  be  brought  for  an  nnlawfol  taking,  nu;b«iinBtbt. 
or  fur  an  nnlawfut  detention,  whether  the  original  taking 

nmy  liave  been  lawful  or  not.  Whenever  any  goods,  chat- 
tels, deeds,  bonds,  debentures,  promissory  notes,  bills  of 
exchange,  books  of  accounts,  papers,  writings,  valuable 
secnrities,  or  other  personal  property  or  effects,  have  been 
wrongfully  distrained  under  circtimstaDces  in  which  by  the 
law  of  England  replevin  might  be  made,  the  person  com- 
plaining of  such  distress  as  unlawful,  may  obtain  a  writ  of 
replevin  in  the  manner  hereinafter  prescribed  ;  or  in  case 
ttny  such  goods,  chattels,  property  and  effects  have  been 
otherwise  wrongfully  taken  or  detained,  the  owner,  or  other 
person,  or  corporation,  capable  of  maintaining  an  action  of 
trespass  or  trover  for  personal  property,  may  bring  an 
action  of  replevin  for  the  recovery  thereof,  and  for  the 
recovery  of  the  damages  sustained  by  reason  of  such  no- 
lawful  caption  and  detention,  or  of  such  unlawful  detention, 
in  like  manner  as  actious  are  brought  and  maintained  by 
persons  complaining  of  unlawful  distresses. 

330.  The  provisions  herein  contained  shall  not  anthor-  osHbiBw- 
iite  the  replevying  of  or  taking  ont  of  the  custody  of  any  ti^,^^^t^. 
Sheriff  or  other  officer,  any  personal   property  seized  by 

him  under  any  process  i8i»ued  out  of  the  Supreme  Conrt, 
or  any  district  or  county  court  of  the  Province. 

331.  No  writ  of  replevin,   except  when  the  property  J^J^nota 
sought  to  be  replevied  has  been   distrained  for  rent  orimaoinit. 
damage  feasant,   shall  issue,   unless   the   party   applying 
tiierefor  or  his  agent  shall  make  and  file  an  aflSdavit,  therein 
■tating ; — 

Ist.  That  the  person  or  corporation  claiming  the  pro- 
perty is  the  owner  thereof,  or  that  he  is  lawfully  eutitled 
to  tbe  possession  thereof,  and  that  it  is  unjustly  detained 
fimpi  him,  describing  the  property  in  the  affidavit. 

ind.     The    value    thereof    to   the  best    of    his    belief. 
Such  description  of  the  property,  and  the  value  thereof  ' 

aball  bo  stated  in  the  writ.  The  affidavit  nmy  be  in  the 
form  in  Hchedule  A,  number  23,  or  to  the  like  effect. 

332,  A  copy  of  such  writ  shall  be  served  on  the  defen- SbttIoo m writ, 
dant,  personally,  or,  if  he  cannot  be  fouud,  left  at  his  usual 

or  laat  place  of  aboda,  with  his  wife  or  some  other  grown 
person,  being  a  niomber  of  his  family  or  household,  or  an 
inmate  of  the  houso  where  he  resided  as  aforesaid. 

333.  The  Sheriff  nhalt   not  serve  a  copy  of  the  writwhaiiabe 
nntil   he  has  replevied    the  property,  or  some  part  of  the  ""^ 
property  therein  mentioned, if  he  cannot  replevy  tbe  whole, 

in  con8e(iueDoe  of  the  defendant  having  removed  the  aame 


498  PLEADIKOS  AND  PBACTICE.  [PAM  HI. 

Chap.  94.    ont  of  the  county,  or  becanse  the  same  is  not  in  the  pos- 

Besaion  of  the  defendant,  or  of  any  person  for  him.     Before 

the  Sheriff  replevies,  he  shall  take  a  bond  in  doable  the 
value  of  the  property  to  be  replevied,  as  stated  in  the  writ, 
Bood to •beriff.  which  boud  shall  be  assignable  to  the  defendant;  and  the 
bond  and  assignment  thereof  may  be  in  the  form  in  Sche- 
dule A,  number  24,  the  condition  being  varied  to  corres- 
pond with  the  writ, 
wbsra  property      334.    In  casc  the  property  to  be  replevied  or  any  part  ' 
bLud£Sgm!L7     thereof,  be  secured  or  concealed  in  any  dwelling-house  or 
SSS^^heriir   other  building  or  enclosure  of  the  defendant,  or  of  anj 
aft?  demand,    other  porsou  holding  the  same  for  him,  and  in  case  the 
Sheriff  publicly  demands  from  the  owner  and  occupant  ol 
the  promises  deliverance  of  the  property  to  be  replevieA-i 
and  in  case  the  same  be  not  delivered  to  him  within  twent^^' 
four  hours  after  such  demand,  he  may,  and,  if  necessa 
shall  break  open  such  house,  holding  or  enclosure,  for  t 
purpose  of  replevying  such  property,  or  any  part  thereo*^"" 
and  shall  replevy  according  to  the  writ. 
fSH^SSm-         ^^^'    ^^  *^®  property  to  be  replevied,  or  any  part  ther 
danfs  person,     of,  be  concoaled  either  about  the  person  or  on  the  premise 
tiS^'^p^  of  the  defendant,  or  of  any  other  person  holding  the  sam 
««*•'*'•         for  him,  and  in  case  the  Sheriff  demands  from  the  defei 

dant  or  such  other  person  aforesaid  delivery  thereof 
and  delivery  be  neglected  or  refused,  he  may,  and,  iiC^ 
necessary,  shall  search  and  examine  the  person  and  pre- — 
mises  of  the  defendant,  or  of  such  other  person  for  the  pur — 
pose  of  replevying  such  property,  or  any  part  thereof,  and^ 
shall  make  replevin  according  to  the  ^rit. 
Betornofwrit       336.     The  Sheriff  shall  transmit,  annexed  to  the  return. 

whattooon-  /•  xi  •*. 

tain.  of  the  writ. 

1st.  The  names  of  the  sureties  in,  and  the  date  of  the 
bond  taken  from  the  plaintiff,  and  the  names  of  the  wit- 
nesses thereto. 

2ud.  The  names  of  the  sureties  in,  and  the  date  of  the 
bond  taken  from  the  defendant  on  liis  retention  of  the 
property,  and  the  names  of  the  witnesses  thereto. 

3rd.  The  places  of  residence  and  additions  of  the  sure- 
ties. 

4th.  The  number,  quantity  and  quality  of  the  articles  of 
property  replevied  :  and,  in  case  he  has  replevied  only  a 
portion  of  the  property  mentioned  in  the  writ,  and  cannot 
replevv  the  residue  by  reason  of  the  same  having  been 
carried  out  of  his  county  by  the  defendant,  or  not  being  in 
the  possession  of  the  defendant  or  of  any  other  person  for 
him,  he  shall  state  in  his  return  the  articles  which  he  oan- 

Detenitfor       ^^^  replevy,  and  the  reason  why  not. 

want  of  appear-      337.    In  caso  the  defendant  has  been  duly  served  with 

aaoe  after  Mr.    ^  ^^^^  ^f  ^1^^  ^^j^^  ^^ ^  j^^^  ^^^  ^^^^^  ^^^  appoaranco  ID  tbe 


Htli  zzm.]       pleadings  ahd  pbactice.  499 

Bait  within  the  time  Bpooified  in  snob  writ;  the  plaintiff  Chap.  94. 

may  mark  a  detault  and  proceed  aa  inother  personal  actions, 

and  ftccordiog  to  the  practice  of  the  Supreme  Court. 

338.  The  defendant  shall  be  entitled  to  plead  in  abate- Pieuto»o°>- 
ment  or  bar,  and  may  plead  as  many  p^eaB  in  defence  an  he  '*  \ 
thinks  neceaaary,  each  ot  which,  if  the  action  was  trespass 

and  the  taking  complained  of,  or  detinue  and  the  detention 
odIj  complained  of,  would  constitute  a  legal  defence. 

339.  Any  plaintiff  or  defendant  in  replevin,  who,  ifHc-oaeqah- 
judgroent  were  obtained  would  be  entitled  to  relief  against  "^''°°°''*' 
auch  judgment  on  equitable  grounds,  may  plead  the  facts 

which  entitle  him  to  such  relief  by  way  of  defence,  and  the 
Court  shall  receive  auch  defence  by  way  of  plea ;  but  ench 
plea  must  begin  with  the  words,  "  For  defence  on  equitable 
gronnda,"  or  words  to  the  like  effect. 

340.  When  the  action  is  founded  on  a  wrongful  deten- WritinoMaot 
tioD,  and  not  on  the  original  taking  of  the  property  the  SSi!"^ '**'"" 
writ  may  be  the  same  as  in  an  action  of  detinoe. 

341.  If  the  defendant  justifies  or  avows  the  rigUt  (otake  Juttiattaa  « 
or  distrain  the  property,  in  or  upon  any  place  in  respect  of 'uiTSm.'^ 
which  the  same  might  be  liable  to  forfeiture,  or  to  distress 

for  rent,  or  for  damage  feasant,  or  for  any  custom,  rate  or 
duty,  by  reason  of  any  law,  usage,  or  custom  at  the  time 
when,  existing  and  in  force  ;  he  shall  state  in  his  plea  of 
jasttfication  or  avowry  a  place  certain  within  the  city, 
town,  township,  or  village  within  the  county,  as  the  place 
•t  which  such  property  was  so  distrained  or  taken. 

342.  When  the  replevin  is  brought  for  goods,  chattels,  vsoMwiMnto 
er  other  personal  property  distrained  for  any  cause,  the^'*'*^ 
Tenae  shall  be  laid  in  the  county  iu  which  the  distress  has 

been  made. 

343.  Notwithstanding  the  issue  of  a  writ  of  replevin,  i>*(«idMtNUf 
the  defendant,  Or  his  agent,  except  in  cases  of  distress  for^^^'S^ 
zeot  or  damage  feasant,  shall  have  the  right  to  retain  pos-wo^tr- 
MMion  of  the  property  contained  therein,  if  he  shall  give 
Mmrity  to  the  Sheriff  iu  the  t»rm  in  Schedule  A,  number 

25.  Such  BBCurity,  given  either  by  the  plaintiff  or  defen- 
dant, shall  be  assigned,  on  request,  to  tbe  party  entitled  to 
the  beuefit  thereof,  by  the  Sheriff  endorsing  bis  name 
thereon,  which  endoreeraeut  shall  be  sufficient  to  enable 
anch  party  to  bring  nctiou  thereon  in  his  own  name,  against 
the  several  parties  who  have  executed  such  security. 

344.  In  actions  of  reiJevin,  the  jury  shall  be  at  liberty  Jj^rjwff^ 
to  award  damages  to  either  party  in  the  suit,  provided  the*  ''™h** 
writ  shall  claim  dnmagcs, 

345.  The  Supreme  Court  may,  from  time  to  time,  make  osnitmi; 
such  rules  for  advancing  and  rendering  easy  and  effectual  "tau^^*^^ 
the  remedy  by  replevin,  as  well  by  regulating  the  praotioe**- 

to  be  observed  in  each  actioDs  as  by  presoribiDg  and 


500 


PLEADINCiS  AND  PBACTICS. 


[PABv  m 


Chap«  94.    changing  the  forms  of  writs  and  prooeedings  to  be  used 

therein,  as  the  Court  may  deem  oonducive  to  the  ends  of 

justice,  and  all  such  rules,  when  published  in  the  Bogal 
Oazette  newspaper,  shall  have  the  force  of  law. 


Oontiniuuioe 
may  be  grant- 
ed upon  oaase 
shewn  on  affi- 
davit. 


OF  SUITS  AGAHreX  JOtNT  DKBTORS. 


2?  dS""^        346.     Where  there  are  several  defendants,  and  it  is  not 
may  be  arrasted.  intended  that  all  of  them  shall  be  arrested,  the  plaintiff 

or  his  attorney  may  direct  the  Sheriff  to  arrest  one  or  more 

only  of  the  defendants. 
A^ra  m^  347.     Where  any  action  founded  on  contract  is  brought 

Sefenda^jTwhlS  agaiust  sovoral  defendants,  and  the  writ  has  been   duly 
have  been  Ber-    gQi-^ej  on  OHO  or  moro  of  them,  but  no  legal  service  can  be 

made  on  the  others  by  reason  of  their  absence  from  the 

Province,   the   action   may   nevertheless    be    prosecuted 

against  those  who  have  been  served. 

348.  If  such  joint  debtor  shall  make  application  to  the 
Court  on  aflSdavit,  stating  that  it  is  necessary  for  him  to 
receive  instruction  respecting  such  suit  from  his  absent 
partner  or  joint  debtor  ;  that  he  cannot  safely  proceed  to 
trial  of  the  cause  without  communication  with  him,  and 
that  he  is  not  seeking  for  delay  only  ;  the  Court  may,  if  it 
shall  think  fit,  grant  a  reasonable  imparlance. 

349.  If  any  such  joint  debtor,  not  having  been  served 
with  process,  shall  come  into  the  Province  previously  to 
the  final  determination  of  the  suit,  and  shall  apply  to  the 
Court  to  be  admitted  to  defend,  the  Court  shall  admit  him 
accordingly,  and  shall  cause  such  amendment  to  be  made 
in  the  proceedings  as  may  be  required  to  make  the  same 
consistent  and  regular. 

350.  When  some  only  of  the  defendants  have  been 
served  with  process,  the  plaintiff  may  file  and  serve  a  sug- 
gestion on  such  as  have  been  so  served,  suggesting  therein 
the  names  of  those  defendants  who  were  absent  out  of  the 
Province  when  the  writ  was  is.-^ued,  and  who,  on  that 
account  could  not  be  served  with  process ;  and  the  truth 
of  such  suggestion  shall  be  inquired  into  on  the  trial,  an(} 
if  found  against  the  plaintiff  he  shall  become  non-suit. 

351.  No  plea  in  abatement  for  the  non-joinder  of  a  per- 
son as  a  co-defendant  shall  bo  allowed,  unless  it  shall  be 
stated  in  the  plea  that  he  was  at  the  commencement  of  the 
suit  resident  within  the  jurisdiction  of  the  Court,  aad 
unless  his  place  of  residence  shall  be  stated  with  coDve^ 
nieut  certainty  in  an  affidavit  verifying  the  plea. 

352.  To  any  plea  in  abatement  of  the  non-joinder  of 
another  person,  the  plaintiff  may  reply  that  such  person 
has  been  discharged  by  bankruptcy  and  certificate,  or 
an  insolvent  debtor. 


Defendant  not 
served  may  be 
admitted  to 
defend  before 
judgment. 


Sagg<ettion  may 
be  made  aa  to 
absent  defen- 
dants. 


Flea  In  abate- 
ment for  non- 
joinder when 
allowed. 


RepUoatlon  to 
sttohplea. 


.  *i 


TITU  ZXIU.]  PLEADIKQ3  AND  PBACTIOB.  601 

853.    If  a  joint  debtor,  absent  at  the  comnoDoement  of  Chap.  94. 
the  sait,  abaU  come  iuto  the  Province  after  final  jadgment  ^T^^ 
and  before  the  plaintiflF  shall  have  received  tall  Batiafaction  S^^bJ^ 
thereof,  the    plaiatifT  may  sue  out  a  writ  of  Jcire /ocias  •uinnmw^- 
agaiDst  him,  requiring  him  to  show  cause  why  execution  t   \ 

should  not  issae  agfiinet  him  to  satisfy  what  may  remain 
due  OD'  buqIi  judgment;  and  the  defendant  may  plead 
eitb«r  in  bar  to  the  original  suit  or  in  answer  to  the  adre 
/adaa, 

354.  The  plaintiff  after  judgment  recovered  may  take  suntin, how 
oat  execution  thereon,  and  cHuse  the  same  to  be  extended 
on  the  joint  or  separate  property  or  on  the  persons  of  ail 
the  joint  debtors ;  but  such  execution  shall  not  be  extend- 
ed on  the  separate  property  or  on  the  person  ot  any  joint 
debtor,  Dq,t  brought  into  Court  as  a  party  to  the  suit. 


355.  Any  assignee,  by  writing  signed  by  the  '^^^■gi'}'' ^|?2^ " 
(A  thoientire  interest  in  any  chose  in  action  foandod  on  any  nu^ne, 
contract  for  payment  of  money  only,  or  in  any  judgment, 
decree  or  order  tor  payment  of  money  only,  and  who  would 
have  been  entitled  to  maintain  a  suit  in  Elqaity,  as  such 
asaignee,  to  enforce  such  contract  or  the  payment  of  snob 
money,  and  the  executor  or  administrator  of  such  assignee, 
shall  be  entitled,  in  his  own  name,  to  maintain  such  perso- 
nal action  in  the  Supreme  Court,  and  have  such  final  judg- 
ment and  execution  in  as  full  a  manner  as  the  person 
originally  entitled  to  such  chose  in  action,  judgment,  de- 
cree or  order,  and  whose  interest  has  been  assigned,  might 
have  had  or  done  ;  and  such  assignee  shall  be  so  entitled, 
whether  he  shall  derive  immediately  or  remotely  from  the 
peraoQ  bo  originally  possessed  of  such  right  to  suo  thereon, 
aod  shall  he  conBtd<Ked  to  all  intents  and  purposes,  and 
whether  for  the  purpose  of  releasing  such  right  or  dis- 
^MFgiog  or  satisfying  Buch  judgment,  decree,  or  order,  or 
oti^erwise,  as  the  person  uriginaliy  entitled  to  the  same  had 
tbaretoFore  been ;  and  it  shall  be  lawful  for  any  defendant 
a  lUiy  action  brought  by  the  person  so  originally  entitled, 
or  by  any  siicli  iissigiiee  as  aforesaid,  to  plead  by  way  of 
defence  that  liic  itik'rest  oT  the  pjatntiffin  such  action  had 
been  tlieretofore  unsigned  in  the  manner  prescribed  by  thiB 
Chapter:  provided  that  nothing  herein  contained  shall 
operate  ut  Isiw  to  transfer  tbe  right  to  the  benefit  of  any 
bond,  covenant,  or  agreement,  collateral  in  its  nature,  unless 
the  assignment  thereof  shall  be  made  to  the  person  entitled 
to  the  subject  nmUur  to  which  Buch  bond,  covenant,  or 
agreement  is  so  collateral,  or  to  Bome  person  as  trustee  for 
him,  and  that  nothing  in  the  foregoing  provisions  contained 
"*"-"  apply  to  any  covenant  raaniog  with  the  hind. 


M>U 


502  PLEADINGS  AND  PBAGnC&  [FABIP  IIL 

Chap.  94.  3^^*  ^pon  the  execntioD  of  any  sach  assigomenti  the 
AMignornotf^^  right  of  the  assigDor  to  release  or  sue  upon  aaoh  chose  in 
toj^Mwnie  action,  judgment,  decree  or  order,  shall  wholly  cease  and 
a^^^urign-  determine;  and  in  case  it  shall  happen  that  there  shall 
'  have  been  more  than  one  assignment  made  by  the  same 

person,  the  assignment  thereof  first  made  band  fiie  shall 
operate  to  transfer  the  right    to  release  or  sue  upon  the 
same ;    unless  the  second  assignment  thereof  shall  have 
been  accepted  bona  fide  accompanied  by  the  possession  of 
the  instrument  assigned,  and  without  knowledge  of  the  first 
assignment. 
Notioeof  «Mi«n-     357.    No  actioQ  shall  be  broucrht  upon  any  such  aasiffn* 
beforeaotimii^  mout  by  sucu  assignoo,  unless  a  notice  m  writing  signed 
•"**"*••  by  him,  his  agent  or  attorney,  stating  the  right  or  the  as- 

signee, and  specifying  bis  demand  thereunder,  shall  have 
been  served  on  the  party  to  be  sued,  or  left  at  his  list 
place  of  abode,  at  least  fourteen  days  before  the  commence* 
ment  of  such  action. 
b*aMi°'o?***      358.    In  any  case  in  which  a  release  of  a  chos9  in  aC' 
withoutsuch     tion,  or  a  release  of  execution  in  any  judgment,  decree  or 
notice.  order,  shall  have  been  executed  by  the  assignor  thereof,  or 

payment  shall  have  been  made  to  him  after  the  assrgnment 
thereof,  and  no  notice  of  such  assignment  shall  have  been 
received  by  the  person  liable  to  be  sued  in  relation  to  such 
chose  in  action,  judgment,  decree  or  order,  it  shall  be  law- 
ful for  such  person — anything  in  this  Chapter  to  the  con- 
trary notwithstanding — to  rely  on  such  payment  or  release, 
by  way  of  defence  to  any  action  brought  against  him  in 
respect  of  such  chose  in  action,  judgment,  decree  or  order, 
unless  release  had  been  accepted,  or  such  payment  made 
with  intent  to  defraud  such  assignee. 
D«?«n«j«j^o»*      359.    It  shall   be  lawful  for  any  defendant  or  person 
!l?i?^nlt       liable  in  respect  of  any  such  chose  kx  action,  judgment, 
»"ign«e-  decree  or  order,  in  any  action  brought  in  respect  thereof 

by  any  such  assignee,  to  have  the  same  remedy  and 
defence  against  the  assignee  and  his  representatives  which 
he  might  have  had  against  the  assignor  in  case  no  such 
assignment  had  been  made,  and  in  case  of  payment  to  such 
assignee  to  plead  such  payment  specially  to  such  assignee. 

OF  INTERPLEADER. 

Where  d«fen-  360.    If,  in  any  action  of  assumpsit,  debt,  detinue  or 

subje^^'tter  trover,  the  defendant,  after  declaration  and  before  plea, 

third^piSt^/°  shall  by  affidavit  or  otherwise   show  that  he  claims  nu 

SotSSJSS*^  interest  in  the  subject  matter  of  the  suit,  but  that  the 

appearand  right  tlieroto  is  claimed  or  supposed  to  belong  to  soma 

reunqoiah^'  third  party,  who  has  sued  or  who  is  expected  to  sue  fer 

claim.  ^Ijq  samoi  and  that  such  defendant  does  not  in  any  manner 


LI  ZZm.]      PLBADINOS  AKD  PBAOnOI.  503 

Inde  with  saoh  third  party,  biit  ia  ready  to  briDg  into  Chap.  94. 

art  or  to  pay  or  to  dispoae  of  the  subject  matter  of  the  — • - 

ioD  in  such  maoaer  as  the  Gonrt  or  any  judge  thereof 
Y  order  or  direct ;  or  if  ao  acttoo  shall  have  been  com- 
aned  in  respect  of  a  common  law  claim  for  the  recovery 
money  or  goods,  or  where  eoode  or  chattels  shall  have 
m  taken  or  are  intended  to  be  taken  in  execution  ander 
oess  isaaed  from  any  Court  having  jariadiction  in  the 
miees,  and  the  defendant  in  such  action,  or  the  Sheriff 
>ther  officer  shall  apply  for  relief;  the  Oonrt  or  a  judge 
f  make  rules  or  orders  calling  upon  such  third  party  to 
■ear  and  state  the  nature  and  particulars  of  his  claim, 
I  maintain  or  relinquish  the  same,  although  the  titles  of 
claimants  to  the  money,  goods  or  chattels  in  questiOD, 
to  the  proceeds  or  value  thereof,  may  not  have  a  ciim- 
Q  origin,  bat  may  be  adverse  to  and  independent  of  one 
ther. 

61.  Upon  each  rale  or  order  the  Court  or  a  jadgeo^mirte 
f  bear  the  allegations  as  well  of  aach  third  party  as  of  (uabot^ 

plaintiff,  and  in  the  meantime  may  stay  the  proceedings 
he  action. 

62.  The  Court  or  a  jndga  may  finally  order  such  third  ''''''ij'^S, 
ty  to  make  himself  defendant  in  the  same  or  some  otlier  dateadut,  tm, 
ion,  or  to  proceed  to  trial  on  a  feigned  issue  ;  and  may 

)  direct  which  of  the  parties  shall  be  plaintiff  or  defen- 
t  on  sDch  trial ;  or,  with  the  consent  of  the  plaintiff  and 
h  third  party,  their  coansel  or  attorneys,  may  dispose 
:he  merits  of  their  claims  and  determine  the  same  in  a 
imary  manner. 

63.  The  Court  or  a  judge  may  make  aach  other  rules  nuiei,  to.,  u  u> 
orders  therein  as  to  coata  and  other  matters  as  may  Sldi*°" ""' 

■ear  to  be  just  and  reasonable. 

84.     The  judgment   in  the   issue   or  action,   and  the^^^gmoit 
isioD  of  the  Court  or  judge  in  a  summary  manner,  shall 
fiital  and  conclusive  against  the  partiea  and  all  persons 
miog  nnder  them. 

65.  If  aach  third  party  shall  noj  appear  upon  being  asHtafiun- 
f  served  with  such  rule  or  order  to  maintain  or  re-'ftuHvu^. 
[ni^  bis  claim,  or  shall  neglect  to  comply  with  any 

}  oil  order  after  appearance,  the  Court  or  a  judge  may 
btre  enob  third  part^;  and  all  claiming  under  him, 
red  lor  ever  from  proaecuting  his  claime  againat  the 
jiiiai  defendant  ur  his  repreaentativea ;  aaving,  never- 
less,  the  right  or  claim  of  such  third  party  againat  the 
iiitiff;  and  may  thercapon  make  such  order  between 
h  defendant  and  the  plaintiff  as  to  costs  and  other 
iters  as  may  appear  just  and  reasonable. 

66.  Any  order  mado  in  pursuance  of  this  Chapter  by  J|J<J^!*' 
■gle  judge  nob  sitting  in  open  Court,  shall  be  liable  to^^i? 


504 


PLBADINQS  AND  PBACTI08. 


[PABT  m. 


Chap.  94. 

Judge  majl 
refer  prooeed- 
ings  to  ooarL 


ProriaioiM  of 
otiapter  made 
appiicftbleto 
•htfiftand 
•ther  officers. 


Rules  to  be  en- 
tered of  record, 
and  to  have  ef- 
fect of  judg- 
ments. 


be  rescinded  or  altered  by  the  Court  in  like  manner  as 
other  orders  made  by  a  single  judge. 

367.  It,  upon  apph'cation  to  a  judge,  in  any  stage  of 
the  proceedings,  he  shall  think  the  matter  more  fit  tor  the 
decision  of  the  Court,  he  may  refer  it  to  the  Court ;  and 
thereupon  the  Court  shall  hear  and  dispose  of  the  same,  as 
if  the  proceedings  had  been  commenced  by  a  rule  of  Court 
instead  of  the  order  of  a  judge. 

368.  Where  claim  shall  be  made  to  any  goods  taken  or 
intended  to  be  taken  under  any  writ  of  execution  or 
attachment,  issuing  out  of  any  Court,  the  Supreme  Court 
or  any  judge  thereof,  upon  application  of  a  Sheriff,  con- 
stable or  other  officer,  made  before  or  after  the  return  of 
such  process,  and  as  well  before  as  after  any  actioD 
brought  against  such  Sheriff,  constable  or  other  officer, 
may  call  before  them  by  rule  of  Court,  as  well  the  party 
issuing  the  process  as  the  party  making  such  claim;  and 
thereupon  exercise  for  the  adjustment  of  such  clajms  and 
the  relief  and  protection  of  the  Sheriff,  constable  or  other 
officer,  all  or  any  of  the  powers  and  authorities  herein- 
before contained,  and  make  such  rules  and  decisions  as 
shall  appear  to  be  just,  according  to  the  circumstances  of 
the  case ;  and  the  costs  of  all  such  proceedings  shall  be  io 
the  discretion  of  the  Court. 

369.  All  such  rules,  orders,  matters  and  decisions,  io 
pursuance  of  the  nine  preceding  sections,  excepting  only 
the  affidavit  to  be  filed,  may,  together  with  the  declaration 
in  the  cause,  if  any,  bo  entered  of  record,  with  a  note  io 
the  margin,  or  an  endorsement  thereon  by  the  Prothono- 
tary,  expressing  the  date  of  entry,  and  which  shall  be 
evidence  thereof.  Every  rule  or  order  so  entered  shall 
have  the  effect  of  a  judgment,  except  as  to  becoming  a 
charge  upon  lands;  and  such  rales  or  orders  may  be  en- 
forced by  execution  as  in  other  cases. 


ASSIGNMENT  OP  BECURITIES  TO   SUBETY,  ETC, 

whentorety]        370.    Evcry  pcrsou  who,  being  surety  for  the  debt  or 
tofitwtaSigil   duty  of  auothor,  or  being  liable  with  another  for  any  debt 

seoaritieB  held  ---  -  --  _.., 

in  respect 
thereof. 


or  duty,  shall  pay  such  debt  or  perform  such  duty,  shall  be 
entitled  to  have  assigned  to  him  or  to  a  trustee  for  him. 
every  judgment,  specialty,  or  other  security  which  shall 
be  held  by  the  creditor  in  respect  of  such  debt  or  datr. 
whether  such  judgment,  specialty,  or  other  security  sbau 
or  shall  not  be  deemed  at  law  to  have  been  satisfied  by  tbe 
payment  of  the  debt  or  performance  of  the  duty ;  taai 
Prooenj>nrach  fiuch  porsou  shall  be  entitled  to  stand  in  the  place  c4  tbe 
creditor,  and  to  use  all  the  remedies,  and,  if  need  ba,  and 
upon  a  proper  indemnity,  to  use  the  name  of  tbe  OiailHar 


TITLB  XXm.]  PLCAMBOS   AMD   PKAOTIOB.  505 

in  aDy  action  or  other  proceeding  nt  law  or  in  equity,  in  Chip.  94. 
arder  to  obtain  from  tlie  principal  debtor,  or  any  co-surety 
or  CO-COD  tractor,  or  co-debtor,  as  the  caoe  may  be,  indemni- 
Goatiou  for  ttie  advances  mnde  and  loss  snstained  by  the 
person  who  shall  have  so  paid  audi  debt  or  performed  such 
iuty  ;  and  such  payment  or  performance  bo  made  by  such 
loruty  shall  not  be  pleadable  in  bar  of  any  such  action  or 
other  proceeding  by  him :  provided  altvaya,  that  no  co- 
BDrety,  co-contractor,  or  co-debtor,  shall  be  entitled  to  re- 
cover from  any  other  co-surety,  co-contractor,  or  co-debtor, 
by  tbe  means  aforesaid,  more  than  the  just  proportion  to 
which,  as  between  those  parties  themselves,  snoh  last 
■nentioned  person  shall  be  justly  liable. 


SCHEDULE"  A. 

No.  1. 
S3. 

Tictorift,  by  the  grace  of  God,  Ac. 

To  the  Sheriff  of ,  or  any  other  of  our  Sheriffs : 

We  command  yon  to  summon  C.  D.,  of ,  to  appea' 

ia  the  Supreme  Coart  at ,  within  — —  days  after  the 

service  of  this  writ,  at  the  snit  of  A.  B.,  who  says  that  the 
■aid  C.  D.  ib  indebted  to  him  [ftyr  work  and  uuUeriaia  pro- 
vided by  the  plairUiff/or  the  defendant,  at  hit  request,  or  aa 

lie  case  may  be,]  aud  he  clatma dollars. 

Isaaed  this day  ol A.  D.  18—. 

,  Prothonotary. 

B.  F-,  plaintifi'a  attorney,  [or  A.  B.,  plaintiff  in  person,'] 

No.  2. 
S& 

Victoria,  by  the  grace  of  Ood,  Ao. 

I'o  the  Sheriff  of ,  or  to  any  other  of  our  Sheriffs : 

We  command  you  fortliwith,  upon  security  bein^  given 
uicording  to  law,  to  cause  to  be  replevied  to  A.  B.,  his 

sattle,   [or  goods,]   viz.,  ,  which  C.  B.,  of ;, 

anjnstly  detains  as  it  is  said  ;  and  that  you  summon  tii9 
laid  C.  D.,  to  appear  in  the  Supreme  Court,  at  , 

ffitbin days  after  tbe  eervioe  of  this  writ,  at  the  snit 

>f  the  said  A.  B..  who  says  that  the  said  C.  D.  is  lujoatly 
letnining  the  said  cattio,  [or  goods.] 

iBeoMi  ibis day  of r,  A.  D.  18—. 

'  ■    ■  ,  ProthoQOta«y. 
i.  jfty}JM»<iff-'a  attorney,  [or  A.  B.,j)k»nlff  un  jwjon.] 


506  PLEADINQS  AND  PBACTIOB.  [PABT  IS. 

SS. 

Victoria,  by  the  grace  of  God,  Ac. 

To  the  Sheriff  of ,  or  any  other  of  our  Sheriffs : 

We  commaDd  you  to  summon  C.  D.,  late  of ,  an 

absent  or  absconding  debtor,  to  appear  in  the  Supreme 

Court  at ,  within  thirty  days ,  at  the  suit  of 

A.  B.,  who  says  that and  the  plaintiff  claims 

dollars. 

Issued  the day  of ,  A.  D.,  18 — . 

,  Prothonotary. 

E.  F.,  plaintiff's  attorney,  [or  A.  jS.,  plairdiff  in  permm^l 

{To  he  endorsed.'] 

Bv  oath  for [inaerithe  sum  sworn  toorcJiq^H^lbg 

ihe^Judge.']  ...     '  -     =      ' 

"No.  4. 

SS.    

Victoria,  by  the  grace  of  God,  Ac. 
To  the  Sheriff  of or  any  other  of  our  Sheriffs : 

We  command  you  to  attach  the  goods,  chattels  or  estate 

of  C.  D.,  late  of ,  an  absent  or  absconding  debtor,  to 

the  value  of ,  [the  sum  sworn  to  or  for  which  thesun^ 

mons  was  aUowedy']  to  respond  the  judgment  which  may  be 
obtained  by  A.  B.,  who  bath  taken  proceedings  against  the 
said  G.  D.,  as  an  absent  or  absconding  debtor,  in  our  Su- 
preme  Court   at ,  and   we   do  command  you  that 

immediately  after  the  execution  hereof  you  do  return  this 

writ  into  our  Supreme  Court  at  ,  together  with  your 

doings  thereon  and  the  day  of  execution. 

Issued  this day  of ,  A.  D.  18 — . 

,  Prothonotary. 

E.  P.,  plaintiff's  attorney,  [or  A.  B.^  plairdiff  in  person,] 

[To  he  endorsed.] 

By  oath  for [insert  the  sum  sworn  to  or  allowed 

when  summons  was  issued.] 

No.  5. 

SS. 

Victoria,  by  the  grace  of  God,  Ac. 

To  the  Sheriff  of ,  or  to  any  other  of  our  Sheriffs : 

We  command  you  to  summon  G.  H.,  of ,  the  amot 

or  trustee  of  C.  D.,  late  of ,  an  absent  or  abscoDdiog 

debtor,  to  appear  in  our  Supreme  Court  at ,  [^^^ 

tJie  county  in  which  the  agent  resides,]  within  fifteeu  dftys 

after  service, ,  to  declare,  discover  and  discloine  y^fbaX 

goods  or  credits  of  the  said  C.  D.,  were  in  his  hands  or  pOi> 
session^  or  under  his  management  or  oontrol|  at  the  tinie  of 


TLB  ZXID.]         PLS&DIKOB  AND  PEACTICI.  507 

le  aervice  of  this  writ  apoo  bim ,  in  a  suit  prose-  Chap.  94. 

jted  by  A.  B.,  ap^iost  the  laid  0.  D.,  as  an  abseot  or  »b- 

sondJDg  debtor,  in  onr  aaid  Court  at . 

Iseaea  this day  of ,  A.  D.,  18 — . 

.  ProtUoBotary. 

.  F.,  plaintiff's  attorney  [or  A.  B.,plaijUiff  in  jmtmr.] 

No.  6. 
SS. 

Victoria,  by  the  grace  of  Ood,  ka. 
'o  the  Sberifi'  of ,  or  any  other  of  onr  Sheriffs : 

We  command  you  to  take  C,  D.  of ,  if  he  shall  be 

Bond  in  your  bailiwick,  and  Iiim  safely  keep  antil  he  shall 
are  given  yon  bail,  or  made  deposit  according  to  law,  in 
Q  action  at  the  suit  of  A.  B.,  or  nnttl  the  said  G.  D.  shall 
y  othar  lawful  means  be  discharged  from  your  cnstcdy^; 
3d  we  do  farther  command  yon  that  immediately  after  the 
Kecntion  hereof  yon  doretnrn  this  writ  into  our  Supreme 
onrt  at  ■  ■  — ,  together  with  the  manner  in  whioli  yoa 
aall  have  executed  the  same,  and  the  day  of  the  execution 
Kereof ;  or  if  the  same  shall  remain  anexeonted,  then  that 
3n  do  retnrn  the  same  at  the  expiration  of  one  month 
om  the  date  hereof. 

lasned  this day  of ,  A.  D.,  18—. 

,  Prothoootary. 

-  P.,  plaintiff's  attorney,  [or  A,  B.,plaiTUiff  inperaon."] 
tb  be  ertdoraed.'] 

By  oath  for  [Here  insert  the  sum  sworn  toJ] 

No.  7. 

^irit  vAere  the  d^endant,  being  a  Briiisk  syhject,  resides  out 
i^^is  Province. 
S8. 

Victoria,  by  the  grace  of  God,  4c. 

*0  0.  D.  of ,  in  the ,  of . 

We  comiQEind  you  that  within  [hereinaert  a  sufficient  flum- 
»•  of  days  within  which  the  defendant  might  appear  wiHA 
e/erence  to  the  distance  Ac  may  be  ai  from  this  province,^ 
lye  after  the  service  of  this  writ  on  you,  inclusive  of  the 
ay  of  such  service,  you  do  caose  an  appearance  to  be  en- 
ired  tor  you  in  the  Snprome  Conrt  of  Nova  Scotia,  at 
,  in  an  action  at  the  snit  of  A.  B.,  who  says  that  the 
lid  C.  D.  is  indebted  to  him  [/or  work  done  and  materials 
ymided  by  the  vlaintiff/or  Gie  defendant  at  his  request,  or 
t&e  eaae  moi/  be,]  and  take  notice  that  in  de&alt  of  yonr 


508  PLEADING  AND  PBACTICE.  [PABT  m. 

CflAP.  94.    80  doing,  the  said  A.  B.  may,  by  leave  of  the  Court  or  a 

judge,  proceed  therein  to  judgment  and  execntion  ;  and  be 

claims . 

Issued  the day  of ,  A.  D.,  18 — • 

,  Prothonotary. 

E.  P.,  plaintiff's  attorney,  [or  A.  B.,plainiiff  inpenoiL\ 

Memorandum  to  he  subscribed  on  the  wrii. 

N.B. — This  writ  is  to  be  served  within calendar 

months  from  the  date  hereof;  or  if  renewed,  from  thedat^ 
of  such  renewal,  including  the  day  of  such  date,  and  bo^ 
afterwards. 

Endorsement  to  be  made  on  (he  torii  be/ore  service  theret^. 

This  writ  is  for  service  ont  of  the  jurisdiction  of  th^ 

court,  and  was  issued  by  E.  P.,  of  ,  attorney  for 

said  plaintiff,  lor^  this  writ  was  issued  in  person  by  A,  B 
resides  at ,  mention  plaintiff  ^s  place  of  residence.] 

No.  8. 

Writ  where  a  defendant,  not  being  a  British  stdject,  resided 

out  of  this  Province. 
SS. 

Victoria,  by  the  grace  of  God,  Ac. 

To  C.  D.,  of ,  in . 

We  command  you  that  within  [here  insert  a  sufftcipd 
number  of  days^  within  which  the  defendant  might  appear^ 
with  reference  to  the  distance  he  may  be  at  from  Nova  Scotia] 
daj's  after  the  notice  of  this  writ  is  served  on  you,  inclu- 
sive of  the  day  of  such  service,  you  do  appear  or  cause  an 
appearance  to  be  entered  for  you  in  our  Supreme  Court  of 

Nova  Scotia  at ,  in  an  action  at  the  suit  of  A.  B., 

who  says  that  the  said  C.  D.  is  indebted  to  him  [for  toork 
and  materials  provided  by  the  plaintiff  for  the  defendant,  ai 
his  request,  or  as  the  case  may  be,]  and  take  notice  that  in 
default  of  your  so  doing  the  said  A.  B.  may,  by  leave  of 
the  Court  or  a  judge,  proceed  therein  to  judgment  and  ex- 
ecution ;  and  he  claims dollars. 

Issued  the day  of ,  A.  D.,  18 — . 

,  Prothonotary. 

E.  P.,  plaintiff's  attorney,  [or  A.  B.,  plaintiff  in  person.} 

Memorandum  to  be  subscribed  on  (he  wriJL 

N.  B.^ — Notice  of  this  writ  is  to  be  served  within  aix 
oalendar  months  from  the  date  thereof,  incladiog  the  dayr 
of  auch  date,  and  not  afterwards. 

Endorsements  as  in  Schedule  A,  number  7. 


XZtn.]  PLBADINOB  AJSD  FRAOTtCB. 

c 

Notice  (if  the  foregoing  writ. 

.H.,  of ,in . 

ke  Dotice  that  A.  B-,  of ,  in  the  Province  of 

Scotia,  has  commenced  an  action  at  law  agaiuat  you 
,  in  the  Supreme  Court  of  Nova  Scotia,  at        ■ '  — ,  by 

t  of  that  Court,  dated  the day  of ,  A.  D., 

in  which  he  aaya  that  yon  are  indebted  to  him  [for 
done  and  materials  provided  by  the  plainiiff  for  the 
dant,  at  hie  request,  or  as  the  case  mat/  be,']  and  you  are 

red  within days  after  receipt  ot  this  notice,  to 

d  the  eaid  action,  by  causing  an  appearance  to  be 
ed  for  yon  in  the  satd  Court,  to  the  said  action,  and 
&alt  of  yoar  doing  80,  the  eaid  A.  B.  may,  by  leave 
<  Court  or  ii  judge,  proceed  thereon  to  judgment  and 

ition.     ■■••  ■  ■■  -J*"-  '  ■     -■  '■  ■ 

}  following  are  the  particulars  of  the  mnd  A.  B.*8 
,  4c.,  Ac.  [signed]     E.  F.,  plaintiff's  atty., 

{or  A.  B.,  jAaintiff  in  jjerwn.] 

No.  9. 
SPECIMENS    OF    PORHS. 

Particulars  of  demajul. 
1  following  are  the    particulars  of  the  plaintiff's 

it. 

30.    Half  year's  rent  to  date,  of  bonse 

and  premises  in street,  Halifax, 

12.     10  barrels  of  flour,  at  $5, 
1.    Money  received  by  defendant. 

Paid, 

Balance  doe,  $160  00 


^ —  Or, 

tcher'e  meat  and  gonda,  supplied  between 

let  of  Jio'y,  1869,  and  the  Ist  Jan'y,  1870,  $208  00 

^  Paid,  80  00 

^^  BaUnce,  8128  00 


9.     Principal  andjnture^t  due  on  a  bond,  dated  th? 

irnfM 


510  PLBADINGS  AHD  PBACTICS.  [PAST  HI. 

Chap.  94.  Or, 

$360.  Principal  and  interest  due  on  a  covenant  con- 
tained in  a  deed,  dated  the day  of ,  to  pay 

$400  and  interest. 

Or, 

$340  on  a  bill  of  exchange  for  $400  dated  the  2nd  Feb- 
mary,  1873.  Accepted  lor  drawn,  or  endorsed]  by  the 
defendant. 

Or, 

$200  on  a  guarantee,  dated  the  2nd  Febraary,  1873, 
whereby  the  defendant  guaranteed  the  payment  by  E.  F., 
of  goods  supplied,  or  to  be  supplied  to  him. 

In  cases  where  interest  U  payable* 

The  plaintiff  also  claims  interest  on  $ of  the  aboTe 

sum  from  the  date  of  the  writ  until  judgment. 

No.  10. 

Notice  is  hereby  given,  that  if  the  defendant  do  not 
appear  and  plead  within  four  days  after  the  period  speci- 
fied in  the  writ  for  his  appearance,  the  plaintiff  shall  be  at 
liberty  to  sign  [Judgment  by  drfauU,  if  there  are  no  partiC' 
ulars  of  demand  annexed ;  and  if  there  be  particulars  (3f 
demand]  final  judgment  for  any  sum  not  exceeding  the 
sum  claimed  in  his  particulars  of  demand,  with  interest  at 
the  rate  specified,  and  costs. 

No.    11. 

In  the  Supreme  Court, ,  on  the  —  day  of ^- 

A.D.  18 — .     [Day  of  signing  the  judgmerd.] 
To  wit :     A.  B.,  in  his  own  proper  person,  [or  byhisoHr 
torney,]  sued  out  a  writ  of  summons  against  C.  D.,  with  the 
particulars  annexed  as  follows : 

[here  copy  the  particulars  of  demand,] 
And  the  said  U.  D.  has  not  appeared :  Therefore  it  ii 
considered  that  the  said  A.  B.  recover  against  the  saidC* 
D. dollars,  together  with  $ ,  for  ooajts  of  suit 


No.  12. 


Cause 


I  appear  tor  C.  D.,  the  defendant  in  this  oauie,  (£f  ' 
appear  in  person.]  H.1IF* 


TITLI  Xim.]  PLEADnoe  AND  PBACTIOE. 

No.  13.  C 

Writ  of  revivor. 
SS. 

Victoria,  by  the  grace  of  God,  Ac, 
To  the  Sheriff  of ,  or  to  any  other  of  oar  sheriflls : 

We  commaod  you  that  you  summoo  C.  O.,  of ,  to 

wpear  id  the  Supreme  Conrt  at ,  within days 

Btter  the  service  of  this  writ,  to  shew  cause  why  A.  B.  \or 
'  B.  F.,  as  ezecDtor  of  the  laet  will  and  teBtameot  of  A.  B., 
deceased,'  or  as  the  cage  may  be,']  sbonld  not  have  executioo 
agaioat   him    [if  against  a  r^nvaentativt,  here  insert,  '  aa 

ezecator  of  the   last   will   and   testament   of ,  de- 

oeased,'  or  as  the  case  may  be,]  of  a  judgment  whereby  the 

said   A.  B.   [or  as  the  case  may  be,]  on  the day   of 

,  recovered  agaiQst  him,  [or  as  the  case  may  be,'] 

$ ,  and  that  yon  notify  the  said  C.  D.  that  in  default 

of  his  ao  doing  the  said  A.  B,  [or  as  the  case  may  he]  may 
proceed  to  execution. 

Dated  thie day  of  ,  A.  D.  18—. 

,  ProthoQOtary. 

a.  H.,  Plaiatiff't)  Attoroey. 

No.  14. 

Hjrm  of  a  rtUe  or  summons  where  a  JudgTnent  crediior 

applies/or  execution  against  a  Judgment  debtor. 

[Formal  parts  as  ai  present] 

C.  D.,  to  shew  cAUse  why  A.  B.  [or  aa  the  case  may  he 

■boald  not  be  at  liberty  to  enter  a  enggestion  in  an  action, 

wherein  the  said  A,  B.  was  plaintiff,  and  the  said  B.  F.  was 

detendant,  and  wherein  the  said  A.  B.  obtained  judgment 

(or  % against  the  said  E.  F.  on  the day  of , 

that  it  manifestly  appears  to  the  Court,  that  the  said  A.  B. 
I  is  entitled  to  Lave  executioo  of  the  said  judgment,  and  to 
LUlfDe  execution  thereupon,  and  why  the  said  G.  D.  sboald 
iBMpay  the  said  A.  B.  the  costs  ot  this  application,  to  be 

r  ^OTE. — The  ahove/orm  may  be  modified  so  as  to  meet  the 
r  Wit  of  an  application  by  or  agaitist  <A«  representative  of  a 
1     party  to  the  judgment. 

I  No.  15. 

I  'Wn  1^  suggestion  that  the  Judgment  orediior  is  entiUed  to 
I  execution  againri  the  Judgment  dditor, 

I       And  now  on  the day  of  — ' •,  it  is  suggested  and 

■  iBMifaatlv  g£pfi3^B  to  the  Ooart,  that  the  aaid  A.  B.  [or '  B. 


512  PLEADINGS  AND   PRAGTICS.  [PABT  ID. 

Chap.  94.    F*;  ^^  executor  of  the  last  will  and  testament  of  the  said 

A.  B.,  deceased/  or  as  the  case  may  6c,]  is  now  entitled  to 

have  execution  of  the  judgment  aforesaid,  aeainst  the  said 
C.  D.  [or  *  against  G.  U.  as  the  executor  of  the  last  will 
and  testament  of  the  said  C.  D/  or  as  the  oa$e  may  te.] 
Therefore  it  is  considered  by  the  Court,  that  the  said  A. 

B.  [or  ^  E.  F.  as  executor  aforesaid/  or  as  the  case  may  be^ 
ought  to  have  execution  of  the  judgment  against  the  said 

C.  D.  [or  '  against  G.  H.  as  e^cecutor  as  aforesaid,*  or  cutk 
case  may  &e.] 

No.  16. 

Form  of  writ  in  yectment, 

SS. 

Victoria,  by  the  grace  of  God,  Ac. 


To  the  Sheriff  of 

We  command  you  to  summon  G.  H.,  J.  E.,  and  L.  M.,  to 

appear  in  the  Supreme  Court,  at ,  within days 

after  the  service  of  this  writ,  at  the  8uit  of  A.  B.,  G.  D., 
and  E.  F.,  who  say  tbat  the  said  G.  H.,  J.  E.,  and  L.  M, 
withhold  the  possession  to  which  the  said  A.  B.,  C.  D.,  and 
E.  F.,  or  some,  or  one  of  them,  claim  to  be  entitled,  [qf  a 

certain  Itouse  and  ten  acres  of  land}  situate  at ,  in 

the  County  of  — — ,  and  described  as  follows :  Idescribe 
the  property  with  reasonable  certainty y]  and  for  the  with- 
holding of  which  they  claim  ' dollars  damages. 

Issued  this day  of ,  A.  D.  18 — . 

N.  0.,  Plaintiff's  Attorney. 

,  Prothonotary. 

No.  17. 

Notice  to  be  endorsed  on  the  writ. 

Notice  is  hereby  given,  that  if  the  defendant  do  not 
appear  and  defend  the  possession  of  the  property  claimed 
by  the  within  writ,  or  such  part  thereof  as  he  may  be 
advised,  the  plaintiff  will  be  at  liberty  to  sign  judgment  tt 
the  expiration  of  four  days  after  the  period  specified  in 
the  writ  for  his  appearance,  and  the  defendant  may  tbeie* 
upon  be  turned  out  of  possession.  • 

No.  18. 

Judgment  in  case  of  non-appearance. 

G.  H.,  J.  E.,  and  L.  M.,  were  summoned  to  answer  A* 
B.;  0.  D.,  and  E.  F.,  for  withholding  poasetaioa  of  [a  k^ 


TnXii  xzm.]       pLUDurcs  Ain>  puonos.  513 

and  ttn  acre*  0/  lajid]  situate  at -,  in  the  Coaotj  of  Obap.  94. 

,  sod  deBcribeu  as  follows* :  ' 

And  DO  appearance  Iim  boen  entered  to  the  said  writ,  [^or 
ti&0r«  defence  hou  been  made  to  a  part,  except  as  to — 
deacr^  U.]  Therefore  it  is  condidered  that  the  satcl  A. 
B.,  C  0.,  and  E.  F.,  do  recover  possession  of  the  premieea 
above  mentioned,  [or  where  defence  is  to  part,  except  aa  to 
the  part  for  which  defence  has  been  made  aa  aforesaid,]  with 

tbe  appartenancDs,  and  alad  $ — ,  for  his  coats  of  suit 

[in  cases  where  damages  shail  have  been  naaessed,  add,  and 
that  he  do  also  recover  %  — -,  for  his  damages  assessed 
in  respect  of  tho  withholding  posBesatoQof  the  same  by 
the  deleDdaDtj 

No.  19.  ■ 
Judgment  in  case  of  aj^arance. 

[As  in  the  last/orm  to  the  *.] 

And  the  deleoilaats  appear  and  defend  tbe  possossiOD 
[or  1^ part  thereof,  describing  thepart.]  Jury  empannelled 
and  Bworn,  who  say  that  the  plaintiffd  [or  one  of  them,  as 
tte  oofe  tniy  be,"]  are  entitled  to  puaseasioQ  of  the  premiaoa, 
[or  to  the  said  part  thereof  j]  and  they  do  assess  damages 

for  the  detention  thereof  in  the  sum  of  $ ,  to  be  paid  to 

tha  said  A.  B.,  C.  1>.,  and  E.  F. 

Therefore  it  is  considered  that  the  snid  A.  B.,  C.  D.,  and 
E.  P.,  do  recover  [(w  ofiovc  where  judgment  is  for  non-appear- 

OHM,]  and  ala  >  the  sum  of  | ,  by  the  jury  assessed  a« 

•foresaid,  together  with  costs  of  suit- 
No.  20. 
Form  of  pleas  in  ^'edment. 
The  said  C.  D.,  [^defendajW]  says  that  the  plaintifTs  are 
JMoti  Dor  i?  either  ot  them,  entitled  to  the  posfiessiou  of  the 
said  nm!*nui*ge  and  lot  of  land  claimed   by  them.     [_0r  if 
'  (Ae  defendant  only  d^ends/or  a  part,] — The  said  G.  I),  says 
be  only  duleodB  for  a  part  of  tho  premises  claimed  by  the 
ptaintiff.  and   which  ia  thua  described ;  [desorU^e  it  with 
reasonable  certainty,]  and  he  diaclaima  all  right  to  the  pos- 
session of  [he  rusiilue  of  said  premises  ;  and  aa  to  the  part 
for  which  he  Ueteuda,  says  that  tlie  said  plainliffa  are  not, 
nor  is  either  of  thtim,  entitled  to  the  possession  of  the  part 
of  the  aaid  premises  above  specified. 

PUa  by  landlord  shtM  oommence  thus :  And  E.  F.,  admit- 
ted to  defend  aa  landlord  of  the  said  premises,  [or  part 
tktrvijf,  describing  t/nepart,']  says  that 


514  PLBADIN68  AMD  PBAOTIOB.  [PABT  m. 

Chap.  94.  No.  21. 

Form  of  a  plea  under  tenanq/  in  common. 

And  the  defendant  says  that  he  is  tenant  in  common  of 
the  premises  [^or  part,  aa  the  case  may  60,]  with  the  said 
f  plaintiff,  [or  with  A.  B.,  one  of  the  said  plaintiffs,]  and  de- 

fends as  sQchi  and  admits  the  right  of  the  said  [daimamt] 
to  an  undivided  share  of  the  said  property,  and  denies  any 
actual  ouster  of  him  from  the  said  property. 

No.  23. 

The  said  C.  D.  [d^endant]  says  that  he  was  not  in  pos* 
session  of  the  whole  or  any  part  of  the  premises  claimed 
in  the  plaintiff's  writ  at  the  time  of  the  commencement  of 
this  suit,  and  does  not  withhold  the  same. 

No.  23. 

In  the  Supreme  Court. 

I,  A.  B.,  of ,  in  the  County  of ,  make  oath 

and  say : 
That  I  have  the  ri^ht  to  the  possession  of  the  following 

cattle  [or  goodSf  as  the  case  may  6c,]  to  wit : ,  as  1 

verily  believe,  and  that  C.  D.  unjustly  detains  the  same ; 
and  that  the  said  cattle  \pr  gooda^  aa  the  ccLse  may  be,']  are, 

to  the  best  of  my  belief,  of  the  value  of dollars. 

A.  B. 

Sworn  to  at ,  in  the  County  of ,  this day 

of ,  A.  D.  18 — ,  before  me. 

E.  P.,  J.  P. 

No.  24. 
Replevin  Bond, 

[Bond  in  the  uaucX  form  from  A.  B.  (plaintiffs  and  E, 
F.  and  Q.  H.] 

Whereas  the  said  A.  B.  has  sued  out  a  writ  of  replevin 
against  the  said   C.   D.  to  obtain  possession   of  certain 

cattle   [or  goods]   to  wit: ,  which  the  said  A.  B. 

asserts  to  be  his  property. 

Now,  the  condition  of  this  obligation  is  such,  that  if  the 
said  A.  B.  shall  not  prosecute  his  suit  with  effect  and  with* 
out  delay,  or  if  suit  is  carried  on  and  continued  between 
the  said  A.  B.  and  C.  D.  touching  the  property  of  the  said 
cattle  [or  goods]  and  the  Court  shall  adjudge  that  the  said 
cattle  [or  goods]  shall  be  restored  to  the  said  0.  D*  with 
damages  for  detaining  the  same,  then  if  the  said  A*  B. 
shall  restore  the  said  cattle  [or  gooda]  and  pay  and  mi&df 


TRU  ZZm.]  nJADDIOS  AHD  PBAOnCK.  516 

any  jad^eat  that  may  lie  obtaiaad  against  hion,  tbU  boad  Chap.  94. 

ahall  becoma  void.  — 

[  Wkert  ike  plaintiff  hinudf  doa  not  Join  in  the  bond,  the 
Jorm  muai  be  altered  to  conform  to  the/act.} 

No.  25. 

Security  given  by  the  defendant  to  obtain  a  re/um  <jf 

property. 

\Bond  in  the  umtai  form  from  C  D.  (d^etidajd)  and  E. 
F.  and  Q.  B.-\ 

Whereas  the  said  C.  D.  datms  to  retaia  certain  cattle 

[w  goed*\  to  wit : ,  to  recover  possesaioQ  of  which 

the  said  A.  B.  has  sued  out  a  writ  of  replevin. 

Now  the  condition  of  this  obligation  is  snch  that  if  the 
Court  shall  adjudge  that  the  said  cattle  \ofr  t/owisj  shall  be 
restored  to  the  aaid  A.  B.,  with  or  without  damages  for 
detaining  the  same,  then  if  the  said  C.  D,  shall  restore  tha 
cattle  [or  ^oodxj,  and  pay  and  satisfy  any  judgment  that 
may  be  recovered  against  him,  this  obligation  shall  be  void, 
bat  otherwit>e  shall  remain  in  force. 

\WherelKt  defendant  kimsd/ does  not  Join  i*  tAebond,th4 
form  must  be  altered  to  con/bmt  to  the/act.] 

No.  26. 
Bail  bond. 

\_Bond  in  the  usual  form  from  C.  D.  (d^endant)  and  E. 
F.andG.B.] 

The  condition  of  this  obligation  is  snob  that  if  the  abova 

boanden  C.  D.  do  appear  in  the  Supreme  Court  at , 

OB  the day  of ,  to  answer  to  the  suit  of  A.  B., 

and  in  case  judgment  uhall  be  obtained  against  the  said 
0.  D.,  if  be  shall  satisfy  such  jndgment,  or  shall  render 
likitelf,  or  be  rendered  by  the   said  E.  F.  and  G.  H.  into 

the  OBStody  of  the  Sheriff  of  the  Coanty  of ,  then 

tta  Mid  obligation  to  be  void. 


I 


SCHEDULE  B. 

SPECtHBHS  OF  POHHB  OF   PLEADINGS. 

Btatemenls  q/*  causes  of  action  in  the  writ. 


To  answer  the  said  A.  B.,  who  says  that  C.  D.  is  indebted 
to  him  for  [here  stale  the  st^'ect  of  the  daim  as  in  the  foQouh 

•no /omw,]  and  the  plaintiff  claims dollars ; 

For  work  done  uid  materials  provided  by  the  plaintiff 
for  the  detendiint.at  his  reqaest 
XoK  maaav  lent  by  the  plaintiff  to  the  defeodaot. 


516  PI.BAJ)I»G8  ABD  IflAOTlOa.  &^  IH. 

Chap.  94.       ^^^  money  paid  by  the  plaintiff  for  t}ie  defeqdi^ntt  at  hie 

• —  regueBt. 

E'er  money  received  by  the  defendaqt  for  the  use  of  the 
X     plaintiff. 

For  money  fonnd  to  be  due  from  the  defendant  to  the 
plaintiff  on  an  account  stated  between  them. 

For  a  messuage  and  lands  sold  and  conveyed  by  the 
plaintiff  to  the  defendant. 

For  the  good  will  of  a  business  of  the  plaintiff,  sold  and 
given  np  by  the  plaintiff  to  the  defendant. 

For  the  defendant's  use,  by  the  plaintiff's  permission,  of 
messuages  and  lands  of  the  plaintiff. 

For  the  defendant's  use^  by  the  plaintiff's  pormissioUi  oi 
a  fishery  of  the  plaintiff. 

For  the  hire  of  [o^  the  case  maybe']  by  the  plaintiff,  let  to 
hire  to  the  defendant. 

For  freight  for  the  conveyance  by  the  plaintiff,  for  the 
defendant  at  his  request,  of  goods  in  ships. 

For  the  demurrage  of  a  ship  of  the  plaintiff  kept  on 
demurrage  by  the  defendant. 

Who  says, — that  the  defendant  on  the day  of — • — , 

A.  D, ,  by  his  promissory  note,  now  over  due,  pro- 
mised to  pay  to  the  plaintiff dollars,  two  months  after 

date,  but  did  not  pay  the  same. 

Who  says, — that  one  A.  B.  on,  <fec.  [date"]  by  his  pro- 
missory  note,   now   over  due,   promised   to   pay   to  the 

defendant,  or  order, dollars,  two  months  after  date  ; 

and  the  defendant  endorsed  the  same  to  the  plaintiff,  and 
the  said  note  was  duly  presented  for  payment,  and  was 
dishonored,  whereof  the  defendant  had  due  notice,  but  did 
notpay  the  same. 

Who  says, — that  the  plaintiff  on,  &c.  [date"]  b}'  his  bill  of 
exchange,  now  over  due,  directed  to  the  defendant,  re- 
quired the  defendant  to  pay  to  the  plaintiff dollars, 

two  months  after  date  ;  and  the  defendant  accepted  the 
said  bill,  but  did  not  pay  the  same. 

Who  says, — that  the  defendant  and  the  plaintiff  agreed 
to  marry  one  another,  and  a  reasonable  time  for  such 
marriage  has  elapsed ;  and  the  plaintiff  has  always  been 
ready  and  willing  to  marry  the  defendant ;  yet  the  defen- 
dant has  neglected  and  refused  to  marry  the  plaintiff. 

Who  says, — that  the  plaintiff  and  defendant  agreed  to 
marry  one  another  on  a  day  now  elapsed  ;  and  the  plaintiff 
was  ready  and  willing  to  marry  the  defendant  on  that  day ; 
yet  the  defendant  neglected  and  refused  to  marry  the 
plaintiff! 

Who  says« — that  the  defendant  by  warranting  a  hortfl^  te 
b^  then  sound  and  quiet  to  ride,  sold  the  horse  to. tiM 
plaintiff,  yet  the  said  horse  was  not  then  soand  and  ^iiMt 
to  ride.  . 


■trthS  ZXin.]         PLBADIKGa  AHD  PKiOnOB.  517 

Who  Bays, — tbft'i  the  pinintiff  and  defendant  agrbetl  by  Obap.  94. 
charter  party,  that  thn  plaintiff's  ship,  called  the  "Ariel," 
ehouIH,  with  all  convenient  speed,  eail  to  R,or  so  near  there- 
to an  site  could  Butely  get ;  and  tbat  the  deTendant  fihonid 
there  load  her  with  »  fuil  cargo  of  tallow  or  other  lawful 
merchandize,  wliich  she  should  carry  to  H,  and  there  deliver 
on  payment  of  freight,  at  t per  ton;  and  that  the  de- 
fendant should  be  allowed  tun  days  for  loading  and  ten  lor 

discharge,  and  ten  days  on  demurrage,  if  reqnired,  at  t 

per  day  ;  and  that  the  plaintiff  did  ail  things  neoessarr  on 
Mh  part  to  entitle  him  to  have  the  agreed  cargo  loaded  on 
board  the  said  ship  at  R,  and  that  the  time  for  eo  dning  has 
elapsed,  yet  the  defendant  made  default  in  loading  the 
agreed  cargo. 

Who  says, — that  the  plaintiftlet  to  the  defendant  a  hoase. 

No.  — ,  for   aeven   years,   to   hold   from   the day  of 

.  A.  D.,  18—,  at  ? a  year,  payable  quarterly,  of 

which  rent quarters  are  due  and  unpaid. 

Who  saye, — that  the  plaintiff,  by  deed,  let  to  the  defen- 
dant a  house,  No.  — ,  to  hold  from  tho day  of 

A.'D. ;  and  tho  defendent,  by  the  said  deed,  covenant- 
ed with  the  plaintiff  well  and  substantially  to  repair  the 
said  house  during  the  eaid  term,  [according  to  the  covenant,'] 
yet  the  said  house  was,  during  the  said  term,  ont  of  good 
aad  substantial  repair. 

For  wrongs,  independent  of  contract. 

A.  B.  says  that  the  defendant  broke  and  entered  certain 
land  of  the  plaintiff  called  the  Big  Field,  and  depaatared 
the  same  with  cattle. 

That  the  defendant  assaultod  and  beat  the  plaintiff,  anc! 
nve  him  into  custody  to  a  policeman,  and  caased  hiiA  to 
Be  imprisoned  in  a  police  office. 

That  the  defendant  debauched  and  carnally  knew  the 
phintiff'a  wife. 

That  the  defendant  converted  to  his  own  use  the  plain- 
tiff'e  goods,  that  is  to  say :  iron  hoops,  household  fornitore, 
*£df  ike  can  may  be.'\ 

That  the  defendant  detained  from  the  plaintiff,  his  titl« 
deeds  of  land  called  BulTuont,  in  the  County  oi  ■■'  ', 
that  is  to  say,  \deacrihe  the  deeda.^ 

.nit^e  plaintiff  was  possessed  of  a  mill,  and  by  reason 
thereof,  was  entitled  to  the  flow  of  a  stream  for  working 
the  same;  and  the  defendant  by  cutting  the  bank  of  the 
said  stream,  diverted  the  water  thereof  away  from  the 
said  mill. 

That  the  defendant  falnely  and  nmlicioaely  spoke  and 
published  of  the  plaintiff  the  words  following,  that  iil  t6 
^dkv : — ''  He  is  a  thief." 


518  PLBADIN6S  AND  PBAOTIOB.  [PABT  IlL 

Chap.  94.   — llf  there  be  any  damage,  here  Hale  it  tvUh  9uA  reasonaUe 

'^particutarUy  aa  to  give  notice  to  the  plainiiff  of  (he  peculiar 

injury  complained  of:  /or  instance]  whereby  the  plaintiff 

lost  his  sitnatioQ  as ,  in  the  employ  of . 

That  the  defendant  falsely  and  maliciously  printed  and 

published  of  the  plaintiff,  in  a  newspaper  called  " ," 

the  words  iollowing,  that  is  to  say :  '*  he  is  a  regular 
prover  under  bankruptcies*';  the  defendant  meaning 
thereby  that  the  plaintiff  had  proved,  and  was  in  the  habit 
of  proving;  fictitious  debts  against  the  estates  of  bank- 
rupts, with  the  knowledge  that  such  debts  were  fictitious. 

Commencement  of  a  plea. 

The  defendant  by ,  his  attorney,  [or  in  peraoUf] 

says,  [here  state  the  substance  of  the  plea.] 

And  for  a  second  plea  the  defendant  says,  [here  state  the 
second  plea.] 

Note. — TTie  several  pleas  should  he  written  in  separate 
paragraphs^  and  numbered  either  with  figures  or  in  words^ 
in  the  body  thereof ,  to  prevent  confusion, 

m 

Pleas  in  actions  on  contract. 

That  he  did  not  promise  as  alleged. 

[This  plea  is  applicable  to  other  dedaraiions  on  simpk 
contractSj  not  on  bills  and  notes.  It  would  be  unobjectionable 
to  UfSe^  **  did  not  warrant,'^  *•'  did  not  agree,^'  or  any  other 
appropriate  denial.] 

That  the  alleged  deed  is  not  his  deed. 

That  the  alleged  cause  of  action  did  not  accrue  within 
six  years,  [state  the  period  of  limitation  applicable  to  the 
case]  before  this  suit. 

That  before  the  action  he  satisfied  and  discharged  the 
plaintiff's  claim  by  payment. 

That  the  plaintiff  at  the  commencement  of  this  suit  was, 
and  still  is,  indebted  to  the  defendant,  in  an  amount  equal 
to  [or  greater  than]  the  plaintiff's  claim,  for  [here  state  the 
cause  of  set-off ^  as  in  a  declaration ;  see  forms  ante.^ 

That  after  the  alleged  claim  accrued,  and  before  this 
suit,  the  plaintiff,  by  deed,  released  the  defendant  there- 
from. 

Pleas  in  actions  for  wrongs,  independent  of  contracts, 

• 

That  he  did  not  commit  the  assault. 

That  he  did  what  is  complained  of  by  the  plaintiff's  leave. 

That  the  plaintiff  first  assaulted  the  defendant,who  there* 
upon  necessarily  committed  the  alleged  assault  in  his  own 
defence. 


xm.]       plbadinos  and  practice.  619 

Chap.  94, 
Sqplicaiiani. 

>1aintiff  joins  issue  upon  the  defendant's pleas. 

plaintiff  as  to  the  second  plea,  says  [Aere  state  the    • 
lo  the  plea,  as  in  the  following  /orma,'\ 
the  alleged  release  is  not  the  plaintiff's  deed, 
the  alleged  release  was  procured  by  the  fraud  of 
ndant. 

the  alleged  set-off  did  not  accrue  within  six  years 
his  suit. 

the  plaintiff  was  possessed  of  land  whereon  the 
[it  was  trespassing  and  doing  damage,  whereupon 
itiff  requested  defendant  to  leave  the  said  land, 
he  defendant  refused  to  do,  and  thereupon  the 
laid  his  hands  on  defendant  to  remove  him,  doing 
than  was  necessary  for  that  purpose,  which  is  the 
Srst  assault  of  the  plaintiff. 

New  assignmerd. 

plaintiff  as   to  the and pleas,  says 

sues  not  for  the  trespasses  therein  admitted,  but 
)as8es  committed  by^the^defendant  in  excess  of  the 
rights,  and  also  in  other  pprts  of  the  said  land,  and 
'  occasions  and  for  other  purposes  than  those  refer- 
1  the  said  pleas,  [a«  the  case  may  &e.] 
^  plaintiff  replies  and  new  asaignSy  the  new  assign- 
y  be  as  follows :] 

he  plaintiff  as  to  the  —- and pleas,  fur- 

s,  that  he  sues  not  only  for  the  trespasses  in  those 
mitted,  but  also  for,  &c. 

e  plaintiff  replies  and  new  assigns  to  some  of  the 
vd  new  assigns  only  as  to  the  others,  the  form  may 

:ho  plaintiff  as  to  the and pleas,  fur- 
By  that  he  sues  not  for  the  trespasses  in  the 


lepkaa 
a  the  — 


for,  Ac. 


not  replied  to,]  admitted,  but  for  the  tres- 
pleas  [the  pleas  replied  to,"]  admitted, 


ISMib  tea  the  Buproma  Court  to  the  Privy  CounoU  are  regnlAted  dilaflj 
oTwrn  Xajatty  in  Council  of  the  twentieth  day  of  March,  1863,  printed  in 
Hitav'tf  to  mt  Joan^  of  the  House  of  Aasembly  for   18«3,  and  by  a 

el»of  ttetwni^-dxth  June*  1873«  published  in  the  Sbyal  Oautte  of  the 


520 


PBOCEDUBl    IK    EQUinr. 


[PAK  m. 


Chap.  »S. 


CHAPTER  95. 


OF    PBOCEDURE    IN     EQUITT« 


JI/BI8i>ICTI0Vy    ETC. 


Definition  of 
tamu. 


1.  Id  all  casos  of  exclusive  Chancery  joriBdiction  ike 
terms  "  the  Supreme  Court/'  "  the  Court,"  "  tlie  Judgea" 
and  '*  Judge/'  except  when  otherwise  expressed,  are  con- 
fined to  the  Court  of  the  Equity  Judge,  or  the  Court  or 
Judge  occasionally  exercising  the  Equity  jurisdiotion  ;  and 
in  all  cases  of  concurrent  jurisdiction  those  terms  applj 
alike  to  such  Court  and  Judge,  and  to  the  Supreme  Court 
and  its  judges ;  and  in  all  cases  purely  at  common  law,  coor 
tradistinguished  from  Chancery  jurittdiction,  those  termi 

BxdoaiTe  juris-  moau  tho  Supromo  Court  and  its  judges  alone.  All  snitB 
dUoUoBofequitj^j,  Other  proceedings  for  the  redemption  or  the  forecloaava 
of  mortgages,  and  for  specific  performance,  and  io 
relation  to  the  real  estate  of  infants,  and  all  proceedings, 
matters,  and  things  relating  to  the  custody,  care,  and  die- 
poFal  of  persons  of  u'nsound  mind,  and  their  estates  and 
effects,  and  also  all  proceedings  under  the  Chapter  ''  Of 
Trusts  and  Trustees,*'  are  under  the  Equity  jurisdiction, 
and  shall  be  prosecuted  and  conducted  accordingly ;  and 
tho  terms  "  the  Supreme  Court,'*  "  the  Court,""  "  the 
Judges,*'  and  '^  Judge,*'  used  in  the  sections  and  Chapters 
relating  to  such  subjects,  mean  the  Equity  Judge,  or  the 
Equity  Court,  or  the  Judge  or  Court  occasionally  exercis- 
ing the  Equity  jurisdiction.  Provided  that  nothing  herein 
shall  apply  to  or  aCFect  Chapter  103  "  Of  the  Sale  of  Lands 
under  Foreclosure  of  Mortgage,''  the  proceedings  under 
which  may  continue  to  be  in  the  Supreme  Court  and  before 
the  Judges  thereof;  and  provided  also  that  nothing  herein 
contained  shall  be  construed  to  abrogate,  abridge,  or  inter- 
fere with  any  of  the  functions,  power  or  authority  which 
the  Supreme  Court  or  its  judges  had,  or  have,  as  a  court 
of  common  law  contradistinguished  from,  or  concurrent 
with,  the  jurisdiction  of  Chancery  in  or  over  any  of  the 
subjects  over  which  the  common  law  judges  have  been 
accustomed  to  hold  jurisdiction,  as  for  example  cases  of 
mandamus,  injunction,  &c, 

2.  The  Court  of  the  Equity  Judge  shall  be  always  open, 
and  tho  other  judges  of  the  Supreme  Court,  or  any  a 
them,  in  cases  where  empowered  to  exercise  the  fuDctioiit 
of  the  Equity  Judge,  shall  have  tho  full  powers  of  tbo 
Court. 

mftiM  r£Si!  3.    The  Judge  in  Equity  shall  make  rules  to  govern  the 

Proyiso.  proceedings  and  practice  before  him ;  but  each  rales  bImII 


ProvlxoM. 


Court  always 
open. 


RTLB  zzHL]        raooBMJBB  ut  BQunrr.  821 

uot  go  into  operation  ODtil  they  shall  hare  been  pnblisbed  Obap.  06. 
ill  the  Boycd  Oazette 

4.     Ill  eqniiy  caBuB  motioDB  shall  be  mnde  to  the  Equit/  •rotioMMKi  u- 
Judeo,  aod  arguments  and  bearings  had  before  bim  ;  and  oqiu^aiM  id 
he  flhttH  liave  power  to  direct  isHiiea,  and  also  to  hear  and  ^^!"*'''*' 
determine  eqnity  oausas  after  trials  of  tact  have  been  liad  ; 
aod  he  shall  bear,  direct  and  determine  all  mntters  of  equity 
jarisdictiou  ;  hut  nothing  in  this  Cliapter  shall  be  conBtnied  PcD?tB. 
to  malce  it  necessary  to  send  for  coiiBideration  or  decisioa 
before  the  Equity  Judge  in  Halifax,  siioh  equity  bnsinesa 
■a  has  iieretofore  been  or  hereafter  can  be  beard  and  deci- 
ded by  the  judges  in  the  country. 

&.     The  Judge  in  Equity  in  all  equitable  oases  and  mo-  Eqnrtr  jadga to 
ttons  before  him,  shall  regulate  and  direct  the  proceedings.  fa^B^fj^l^te 
In  fall  beiioh  and  in  other  cases,  civil  or  ortminal,  legal  or  '"'"■ 
aqnitable,  the  Chief  Justice  shall  preside  and  regulate  the  pr«idiont>fnab. 
proceediiigB ;  and  the  Judge  in  tlqnity  tdinll  hnve  pittce- 
MDoe  next  to  him,  and  in  the  ahseiioe  of  the  Chiur  Jnstice 
•hall  prenide,  and  regulate  and  direct  the  proceedings. 

C     Qtieations  in  equity,  in  irhich  the  Judge  in  Equity  whan-Mniw 
may  be  interested,  or  have  boen  profesaionaUy  ooncornod,  i"^!"'"^"- 
■hall  he  brought  before  one  or  more  judges  of  the  Supreme 
Court,  according  to  the  natare  of  the  case. 


7.  In  all  cases  formerly  determinable  in  Chancery  and  p 
BOW  conducted  in  the  Supreme  ConrI,  the  practice  of  the  ^^^STiq^. 
Supreme  Court  now  or  hereafter  t<j  be  establishod,  as  far  aB 
it  is  applicable  shall  he  observed,  except  in  so  far  as  altored 
ormodified  by  Btalnte  or  by  ruloa  mnde  in  pursuance  of 
lav  in  relatiou  thereto :  in  other  casea  the  practice  of  the 
SoKlittb  Cltancery  shall  be  adopted. 

£     All  fuilB  heretofore  cognizable  in  Chancery  shall  be  £!]^£,^**' 
MHoenced   in   the  same  manner  as   personal  actions,  by       ^'™' 
■rit  of  snmroons,  in  which  the  cause  of  action  and  the 
nllof  or  remedy  sought  by  the  plaintiff  shall  be  briefly  and 
fiiarij  stated  in  a  narrative  form,  and  not  by  counts  as  Kt     \ 
lOD  law ;    and  it   ?hall    not    be   necesfary   that  the 
vbould  he  set  forth  in  any  technical  or  formal  language 
Wuwer,  or  that  any  technical  or  formal  statement  sboald 

teiiwd. 

9.     The  answer  ot  the  defendant  shall  in  litce  roanner  be  neroidut* 
briefly  und  distinctly  sttitod  ;   and  the  defendant' shall  an-*™**' 
■wer  on  oath  fully  according  to  the  nature  ot  the  subject 
ioqnired  of,  although  not  specially  interrogated.      When  iti«wMa>. 
tbd  answer  contain^^  new  matter  by  way  of  avoidance,  aud 
Bot  ot  denial  merely,  the  plaintiff  may  reply  enccintly. 

Id.    IiliEber  party  laay  demur  to  the  pleadiag  of  the  Damunn. 


522 


PBOCEDUBB    IN    EQUITT. 


[PART  m. 


Chap.  95. 


Hearing  OB  writ 
and 


Final  judgment. 


Maaten. 


Oeoidoos,  how 
•nforood. 


Service  on  de- 
fendantfl  oat  of 
proTlnoe  In 
foreolosare 
•itita. 


Service  on  ab- 
sent defendant 
KAnerallj. 


Powera  of  court 
aatoooeta. 


Proceedings  on 
de€anU»  &a 


adverse  party;  and  such  detnurrer  shall  be  heard  and 
determiDed  on  the  same  principles  as  obtain  in  the  Supreme 
Court. 

11.  After  plea  or  answer  the  plaintiff  may  bring  the 
cause  to  a  hearing  on  writ  and  answer,  in  the  same  manner 
as  a  suit  ^as  formerly  heard  in  Chancery  on  bill  and 
answer ;  but  the  plaintiff  shall  give  the  defendant  reason- 
able notice  that  he  does  not  intend  to  produce  evidence. 

12.  In  the  final  decision  of  cases  on  equity  principles, 
the  court  shall  give  judgment  according  as  the  very  right 
of  the  cause  and  matter  in  law  shall  appear  unto  them,  and 
so  as  to  afford  unto  the  parties  a  complete  remedy  ai)on  the 
principles  which  prevail  in  courts  of  equity,  and  may  be 
applicable  to  the  particular  case. 

13.  The  Court  shall  have  power  to  direct  inquiries  into 
matters  of  fact  and  account,  by  masters  appointed  by  the 
Governor  in  Council,  who  shall  act  on  the  same  principles 
and  with  the  same  powers  as  masters  in  Chancery  ;  and  tba 
judge  shall  have  power  to  refer  to  a  master  extraordinaiy 
to  be  by  him  appointed  when  he  shall  deem  it  advisable  so 
to  do.  Every  report  of  a  master  must  be  submitted  to  the 
Court,  by  whom  it  may  be  confirmed,  modified,  or  set 
aside,  after  hearing  the  parties. 

14.  Obedience  to  any  judgment,  rule  or  order  of  the 
Court  may  be  enforced  by  attachment  or  execution. 

15.  In  cafles  of  foreclosure  when  it  shall  be  made  to 
appear  by  affidavit  that  a  defendant  is  out  of  the  ProvincOi 
an  order  may  be  made  by  the  Court  or  Prothonotary  for 
such  defendant  to  appear  on  a  certain  day  therein  named, 
which  order  shall  be  published  in  the  Royal  Gazette^  or  in 
such  other  way,  and  for  such  time  as  the  Court  or  Pro- 
thonotary shall  direct ;  and  the  publication  of  such  order 
shall  be  deemed  good  service  on  such  defendant. 

16.  The  several  sections  of  Chapters  94  and  97,  regard- 
ing service  of  process  on  an  absent  defendant,  shall  apply 
to  all  suits  in  Equity  other  than  foreclosure  suits ;  and  to 
all  cases  where  a  trust  has  been  created  in  the  Province, 
or  which  may  affect  such  subject,  or  when  it  may  be 
necessary  to  issue  a  summons  or  order  against  a  party 
absent  from  the  Province  when  no  suit  has  been  com- 
menced. 

17.  The  Court  shall,  in  all  equitable  cases,  have  the 
same  discretion  in  awarding  or  withholding  costSy  or 
directing' the  fund  out  of  which  they  shall  be  paid,  as  ii 
now  exercised  by  the  Court  of  Chancery  in  England. 

18.  In  case  of  default  for  want  of  appearance  and 
answer,  or  where  all  the  material  facts  of  the  case  which 
entitle  the  plaintiff  to  equitable  relief  are  admitted  by  tihe 
defendant,  the  Court  may  thereupon  make  saoh  order  H 


XRLB  ZXnL]  FROOKDnBI    III    IQniTT.  S3S 

Hm  rieht  ao^  jaatice  of  the  oaee   Bfaall  require,  both  as  Chap.  95. 
raearoB  the  relief  prayed  lor  and  the  coats  of  the  8nit,  ' 

19.  No  defendant  in  any  suit  shall  be  permitted  to  THlS^T*!"^ 
nbject  for  want  of  parties,  in  any  oase  to  which  the  foU  sn»Bd oi odjbt- 
ktwiDg  roles  eztead :  **"' 

Bole  I. — Any  residuary  legatee  or  nest  of  kin  may,  with- 
oattnoladingtbereniainiDgresiduarylegateeBorneztofkin, 
bare  a  jndgment  for  the  adcniuiBtratiDa  of  the  pereooal 
Mtate  of  a  deceased  person. 

Bale  2. — Any  legatee  interested  in  a  legacy  charged 
■poa  real  estate,  and  any  person  interested  in  the  proceeds 
n  real  estate  directed  to  be  sold,  may,  without  including 
toy  other  legatee  or  person  interested  in  the  proceeds  of 
the  estate,  bava  a  judgment  for  the  adminiatratioa  of  a 
Jooeased  person. 

.  Bole  3. — Any  residuary  devisee  or  heir  may,  without 
inohiding  any  oo-residaary  devisee  or  co-heir,  have  the 
like  jndgment. 

Bale  4. — Any  one  of  several  persons  for  whom  a  trust 
a  held  under  any  deed  or  instrument  may,  without  ioolud- 
Bgaay  other  of  such  persous,  have  a  judgment  for  the 
•xecatioD  of  the  trusts  ot  the  deed  or  instrument. 

Bale  5. — Id  all  cases  of  suits  for  the  protection  of  pro- 
perty pending  litigation,  and  ia  the  nature  of  waste,  one 
ErsoD  may  sue  on  behalf  of  himself  and  of  all  persoas 
viDg  the  same  interest. 

Bale  6. — Any  executor  or  trustee  may  obtaiD  a  decree 
igaioat  one  legatee,  next  of  kin,  or  person  for  whom  a 
Inut  ia  held,  for  the  administration  of  the  estate  or  the 
meontioDof  trusts. 

Bale  7. — Id  all  eqnitAl)l8  oases  the  Court  may  require 
loy-other  person  to  be  made  a  party  to  the  suit,  and  may 
nafae  such  order  inany  particular caseas  the  Court  may  deem 
oat,  for  placing  tlio  ilofendant  on  the  record  on  the  uame 
botiog,  in  regard  to  coals,  as  other  parties  having  a  com- 
tton  interest  with  him  in  the  matters  in  question. 

Role  8. — In  all  suits  cancerning  real  or  personal  estate 
rested  in  trustees  under  a  will,  settlement,  or  otherwise, 
lucb  trustees  sbalt  represent  the  persons  beneficially  in- 
erested  under  the  trust,  in  the  same  manner  and  to  the 
lame  extent  as  the  executors  in  suits  concerning  personal 
vtate  represent  the  perijoos  beneficially  interested  in  such 
■eraonal  estate  ;  and  in  such  cases  it  shall  not  be  neces- 
ary  to  make  the  persons  beneficially  interested  under  the 
raat,  parties  to  the  suit  with  the  trustees  or  executors, 
at  tbo  Court  may,  upon  consideration  of  the  matters  oo 
be  bearing,  if  it  shall  think  fit,  order  such  persona,  or  any 
f  thom,  to  be  made  parties. 


524 


PBOCEDUBE    m   BQUHT. 


D 


Ohap.  95. 

OerUin 
need  noC^  lie 
nuide  partial  to 
fonolMtiv6 
vuits. 


Ppooeouiiij^ 
irtuae  Ibertis 
nolegAlrtpi*- 
itatiTeof 


eeaaedpenon 
who  wu  into- 
rMtod. 


Vo  legal  cause  of 
action  in  eqoita- 
able  wril 


OhaptefOf 
Witoeeni  a»4 
Evidence"  ap- 
pUea  to  equity. 


WitacMW.  how 
examined. 


20.  In  forocIoBure  suits,  except  when  otherw 
dered,  it  shall  not  be  necessary  to  make  the  heini 
or  devisees,  or  widow  of  a  deceased  mortgagor  pF 
but  the  executor  or  administrator  may  be  proc 
a^inst,  and  if  there  be  no  executor  or  adminic 
within  the  jurisdiction,  the  cause  may  be  commence 
petition,  setting  forth  the  facts  of  the  case,  and  pr 
foreclosure  and  sale ;  and  the  Court  may  appoint  a 
to  defend,  and  may  direct  such  proceedings  as  ini 
necessary  for  promoting  the  just  claims  of  the  pis 
and  protecting  the  rights  of  any  parties  who  may 
terested  in  the  mortgaged  premises  or  the  proceeds  tbi 
nor  shall  it  be  necessary  to  m>ike  cestui  que  iru$ 
subsequent  encumbrancers  parties,  but  the  Court 
direct  by  rule  or  order  in  the  cause  such  prooaediaj 
may  be  deemed  necessary  to  protect  their  rights. 

21.  If  in  any  suit,  or  other  proceeding  befori 
Court,  it  shall  appear  to  the  Court  that  any  deceases 
son  who  was  interested  in  the  matters  in  question  \ 
legal  personal  representatives,  it  shall  be  lawful  k 
Court  either  to  proceed  in  the  abseuce  of  any  p 
representing  the  estate  of  such  deceased  person 
appoint  some  person  to  represent  such  estate  for  f 
purposes  of  the  suit,  or  other  proceeding,  on  snch  \ 
to  such  person  or  persons,  if  any,  as  the  Conrt  shall 
fit,  either  specially,  or  generally  by  public  advertisei 
And  the  order  so  made  by  the  Court,  or  any  order 
sequent  thereon,  shall  bind  the  estate  of  snch  dec 
person  in  the  same  manner  in  every  respect  as  if 
had  been  a  duly  constituted  legal  personal  represen 
of  such  deceased  person,  and  such  repres^entativi 
been  a  party  to  the  proceedings  or  suit,  and  had  npp 
and  submitted  his  rights  and  interests  to  the  Court. 

22.  No  cause  of  action  heretofore  denominated 
shall  be  contained  in  a  writ  or  declaration  which 
equitable  relief. 

23.  The  provisions  of  Chapter  96  of  the  R< 
Statutes,  **  Of  Witnesses  and  Evidence,'*  apply  tc 
ceedings  and  suits  in  the  Bqiiity  Court ;'  and  the 
used  therein — •'  the  Supreme  Court,"  "  the  Court,'' 
Judges,"  "the  Judge,'*  includie  the  Equity  Conrt  ai 
Judge  and  Judges  who  may  administer  the  funotii 
that  Court,  except  when  inapplicable,  or  inconBistanI 
any  law  or  any  general  rule  or  order  of  the  said  Oon 

24.  Witnesses  may  be  sworn  and  examined,  and 
taken  before  some  person  appointed  as  examioor  I 
parties,  their  counsel,  or  attorneys,  in  writings  ot  I 
some  examiner  appointed  by  the  Conrt  to  act  g^neMi 
in  a  particular  case ;  and  also,  when  the  partieSi  their 


CL^Cm.}  PBOOBDDBB   IH    BQUITT.  526 

Eh't.toriieys  sbull  agree  thereto  in  writing,  hy  affidarits  Chap.  96. 

'^nritnesHB,   takeo   reapectively   by   the  portiea,  or  ' 

Lt-toroaya,  or  counHol,  and  sworn  befom  nny  Judge  or 

priotary   of  the   Supreme   or   Equity    Court,   or  an 

I'Qer  of  the  Court,  or  a  Commissioner  for  taking  tie 

cw<:  examinationa ;  and  such  pernoiiB  iu  the  reBpectiva 

1^  aforesaid  are  authorized  to  admiuiator  the  necessary 

btB  to  the  witnesses  so  examined  by   them,  or  so  depos- 

;  bsfore  them. 

25.    On  paymeDt  or  tender  of  their  legal  fees,  as  ia  th«  AtupduuB, ic.. 

ipreme  Court,  the  Attendance  of  witnesses  for  ezamina-  hgiTa^^^ 

ID,  as  herein  provided,  and  the  prodaction   of  papers, 

ly  beeuforced  by  order  from  the  Judge  or  examiner,  and 

0  under  the  provisions  ot  CImpter  96  relating  to  the 
npeilipg  of  the  nttondanoe  of  unwilling  witnesses,  the 
ring  of  notices  in  that  behalf,  the  contamaoy  of  wit- 
IMS, and  the  production  of  papers;  and  any  witness,  or 
rson  wilfully  swearing  or  affirming  falsely  on  any  such 
imination  ia  any  eucti  affidavit,  shall  be  liable  to  the 
Ofl  aud  penalties  of  wilful  and  corrupt  perjury. 

16,     Examinations  taken  in  any  uf  the   modes  before  EumiutioHM 
dtiooed  ahull  be  evidencn  on  the  hearing  or  other  pro-  ''^*'»°"*^'' 
dings  in  the  causes ;  but  on  the  trial  ot  issue  of  circuit, 
witnesses  sliall  be  examined  as  heretofore,  unless  the 
ties  shall  have  agreed  to  their,  or  any  of  their  examiuib- 

1  in  any  of  tlie  before  mentioned  modes,  in  which  case 
examination  so  agreed  to  he  takeu  shall  be  evidence 
^  same  manner  as  if  the  witnesses  had  been  examined 

rn  Court.  But  the  judge  before  whom  any  issne  is  - 
may  in  his  di«cretinn,  order  any  deposition  of  a  wit 
9  tekeo  as  aforesaid,  for  the  hearing  of  tbe  cause,  to  be 
Niutted  to  the  jury,  if  he  shall  deem  it  necessary  or  pro- 
■  to  do  So. 

17-     The    party    nt    whose   instance   tbe   witness    was  '"'S^"™' 
mined  as  aforesaid   eliall  not  be  nt  liberty  to  examine  £mintd^"tcr 
Uy  at  the  trifil,  except  by  the  leave  of  the  judge ;  but  '"^  ™^- 

opposite  party,  at  liia  own  expense,  may  require  his 
aodance  before  Ihe  jury  for  cross-examination,  and  the 
go,  at  his  discretion,  may  order  any  witness  whose 
Itlen  examioation   is  f^ven  in  evidence  to  be  produced 

oral  examitiatioii,  and  may  postpone  the  trial  either  for 

t  purpose,  or  in  cHse  the  party  desiring  cross-examina- 

)  m  Court  shall  litive  duly  subpceuaed  tbe  witness,  and 

d  or  tendered  him  his  fees,  and  given  sufficient  notice 

hia  desire  to  the  otiier  side,  and  tbe  witness  shall  not 

tear. 

18.    The  Judge  in  Equity  may  order  the  examination  of  JadgtBuyor- 

nessea,  orally  before  bim,  on  hearing  or  other  proceetl- utiM^"*™ 

Pi  wb.eB  be  shall  deem  it  propur  to  do  so. 


526 


PBOCEDUQE    IN    EQUITT. 


[PART  m. 


Chap.  95. 

BxamiiuttioiM 
dtbenttiae. 


TkTUteM.  ftc, 
inaj  apply  to 
jodge  for  direc- 
tions. 


Prooeedingn  on 
oppIkMlUio. 


Bffect 

•if  directions. 


ProTiMo. 


ConntJr^'  eaaws 
to  be  tried  by 
ittry. 


Imum,  how  de- 
^pnnined. 


29.  Nothing  herein  shall  preclade  examination  from 
being  taken  ae  bene  esae^  nnder  the  law  in  that  behalf, 
and  being  used  in  the  Equity  Court,  when  the  party  is  not 
bound  and  does  not  desire  to  examine  absolutely. 

30.  Any  trustee,  executor,  or  administrator  shall  be  at 
liberty,  without  the  institution  of  a  suit,  to  apply  by  peti> 
tion  to  the  Judge  in  Equity,  for  the  opinion,  advice,  or 
direction  of  such  judge  on  any  question  respecting  the 
management  or  administration  of  the  trust  property,  or 
the  assets  of  any  testator  or  intestate,  such  application  to 
be  served  upon,  or  the  bearing  thereof  to  be  attended  by, 
all  persons  interested  in  such  application,  or  such  of  them 
as  the  said  judge  shall  think  expedient.  And  it  shall  be  in 
the  power  ot  the  judge  to  direct  any  question  arising  on 
any  such  apph'cation  to  bo  argued  before  him,  and  to  ap- 
point counsel  for  that  purpose  where  the  parties  fail  and  he 
shall  think  it  necessary  to  do  so.  And  he  is  alsoempowef' 
ed  to  refer  questions  arising  on  such  applications  to  the 
consideration  and  judgment  of  the  Supreme  Court,  and  to 
direct  the  argument  to  bo  had  before  the  full  Court.  The 
trustee,  executor,  or  administrator  noting  upon  the  opiiiioQ, 
advice,  or  direction  given  by  the  Judge  in  Equity  or  Sa- 
preme  Court,  shall  be  deemed,  so  far  as  regards  his  own 
responsibility  to  have  discharged  his  duty  as  such  trustee, 
executor,  or  administrator,  in  the  subject  matter  of  such 
application :  provided,  nevertheless,  that  this  Chapter  shall 
not  extend  to  indemnify  any  trustee,  executor,  or  adminis- 
trator in  respect  of  any  act  done  in  accordance  with  snch 
opinion,  advice,  or  direction,  as  aforesaid,  if  such  trustee, 
executor  or  administrator  shall  have  been  guilty  of  any 
fraud,  or  wilful  concealment,  or  misrepresentation,  in  ob- 
taining such  opinion,  advice,  or  direction.  The  costs  of 
such  application,  arguments,  and  counsel,  as  aforesaid,  and 
the  party  or  funds  by  or  out  of  which  they  shall  be  paid, 
shall  be  in  the  discretion  of  the  Judge  in  Equity  or  Sa- 
preme  Court.   , 


COUNTRY    CAUSR8. 


31.  Country  causes,  unless  the  parties  otherwise  agree 
or  the  Judge  in  Equity  otherwise  order,  shall  continue  to 
be  tried  before  a  jury,  to  whom  issues  of  fact  shall  be  sub- 
mitted. The  counsel  or  attorneys,  within  such  time  and  in 
such  manner  as  may  be  ordered  by  the  Judge  in  Equity  in 
the  cause  or  by  general  rule,  shall  interchange  in  writing 
their  respective  suggestions  of  the  issues  required  ;  whic^, 
or  the  suggestions  of  one  party  in  case  of  the  default  of  the 
other,  being  submitted  with  the  pleadings  to  the  Equity 
Judee,  he  shall  settle  the  issues  and  return  them  to  the 
Prothonotary,  to  be  used  on  the  trial,  with  such  alteratiooi 


TITLB  XXm.]     ,      PBOCEDUBB   IN    EQOirT.  637 

or  addittoDB  as  the  preaiding  judge  shall  find  to  be  neoes-  Chap.  96. 


■arj  or  proper  ;  and  the  preaidiog  jadge  aball  have  power  ~ 
to  settle  the  isauea  when  it  appears  to  nim  upon  oath  that 
throngh  accident  or  other  sufficient  caune  the?  have  not 
been  settled  b;  the  Equity  Judge  ;  and  he  shall  be  at  lib- 
erty to  order  any  amendment  or  to  make  any  other  order 
or  role  vrhtch,  in  bis  judgment,  shall  be  necessary  or  pro- 
per. 

32.  When  the  verdict  on  snch  iesnes  flhall  determine  all  SST'iSZiMd 
the  matters  in  dispute,  and  further  directions  are  not  or. 
reqaired,  and  a  rule  nisi  for  a  new  trial  shall  not  be  obtained 

from  the  judge  or  taken  nnder  the  statute,  final  judgment 
may  forthwith  be  entered  on  the  verdict  as  the  judge  who 
tried  the  issues  may  direct ;  and  if  tbe  parties  to  such 
isanea  ahall,  either  before  or  after  the  trial,  agree  for  the 
adjustment  of  tbe  suit  or  of  any  of  tbe  matters  in  dispute 
therein,  it  shall  he  in  the  power  of  tbe  judge  on  circuit  to 
make  such  orders  or  to  enter  such  judgments  as  he  may 
think  proper  for  carrying  into  effect  the  agreement  of  the 
parties  ;  but  the  interests  of  parties  not  duly  represented 
■ball  not  be  tberebv  affected. 

33,  The  rule  ntai  for  new  trial  in  such  cases  shall  be  kdmi  ■», !»« 
rataroed  before  the  Judge  in  Equity,  and  shall  he  heard  *'«'*'■ 
before  him  ;  and  if  deemed  expedient  by  the  Court  may  be 

ftrgned  at  the  bearing,  when  a  hearing  ia  required. 


81.     In  caaea  of  iaaues  directed  by  the  Court  or  Jadge  b>iiM,bnr 
in  canses  brought  in  Halifax,  or  iasnea  aent  from  other  "*""*'"'"' 
eoontiea,  when  tried  in   Halifax,  the  Equity  Judge  shall 
preside,  and  shall  have  power  to  direct  a  jury  of  persons 
reMdiDg  within  tbe  limits  of  the  City  of  Halifax,  to  be  drawn 
hj  tbe  Prothoootary  from  the  Grand  Jury  panel  or  a  special 
^■rj  panel  of  the  County  of  Halifax,  and  summoned   by 
the  Soeriffat  such  time  as  the  Judge  in  Equity  ahall  direct ; 
■od  jarors  and  witnesses  summoned  to  attend  at  such  trials  F».*a.,at 
dall  be  entitled  to  the  same  fees  for  attendance  and  travel,  1^^^" 
and  subjcut  to  tba  Bame  fines  and  liabilities  for  non-attend. 
ance,  recoverable  in  the  same  mauner,  as  in  the  case  of 
jurors  and  witneaaes  in  the  Supreme  Court. 

35.     The  Judge  iu  Equil/  shall  direct' the  mode  ot  pre.  Judge iDsqniqr 
cednre  and    the   manner  of  the   testimony,  and,  when  in  sedan.    ^*^ 
eqoity  suits  in  HikUfax  bo  may  deem  it  expedient  that  the 
iaaues  shall  be  tried  in  tbe  country,  he  may  ao  direct ;  and  "vobhIj^ 
the  trial  ahull  come  on  before  the  judge  preaiding  on  tbe  tenosirr. 
circoit,  in  the  county  wbore  tbe  trial  ia  ordered  tolie  had ; 
and  the  standing  of  the  cause  on  the  docket  ahall  be  rega- 
Isted  by  tbe  commencement  of  tbe  sait. 


528 


PBOOEDUBE    IN    EQOITT. 


[PABT  m. 


When  ooart 
nuiy  difmiM 

HUtt. 

Coartmayaih 
point  reottver. 


Chap.  95.  38.  It  shall  be  competent  for  the  Court  to  dismias  anj 
snit  for  equitable  relief,  where  the  plaintiff  shall  not  pnv 
secute  it  with  effect  in  such  reasonable  time  as  shall  be 
allowed  him  by  an  order  in  that  behalf. 

37.  The  Court  may  make  an  order  for  the  appointment 
of  a  receiver,  when  necessary  in  any  suit ;  which  ordar 
shall  state  the  amount  of  security  to  bo  given,  and  the 
terms  and  conditions  on  which  the  assets  shall  bo  held  by 
him. 

38.  In  all  cases,  whenever  security  is  required  to  be 
given  by  any  parties  by  bond  or  recognizance  under  any 
order  of  the  Court,  except  in  the  case  of  security  for 
costs,  the  same  shall  be  taken  to  the  Prothonotary  of  the 
Court,  eo  nomine^  and  may  be  put  in  suit  in  the  name  of 
the  ProthonoUvry  of  the  Court  for  the  time  being. 


Sccoritlei  to  be 
in  name  of 
Frothonotaiy.  \ 


MORTGAGES. 

*"*'**how™°^"     ^^*    ^^  ®^**"  ^^  competent  for  a  mortgagor  to  bring  suit 
broagbt.  for  the  redemption  of  his  mortgage,  and  for  a  mortgagee 

to  bring  suit  for  the  foreclosure  thereof,  on  the  same  prio- 
ciplos  as  obtained  in  the  Court  of  Chancery. 
Sales  of  mortga-     40.     If,  iu  any  foreclosuro  suit,  the  sale  of  the  mort- 
KwwSES'on   gaged   property  shall   be  sought  by   a  subsequent  mort- 
qoeStemsam^  g^g^e  or  encuuibrancer,  or  by  the  mortgagor,  or  by  any 
persons  churning  under  them  respectively,  the  Court  shall 
not  direct  any  such  sale  without  the  consent  of  the  first 
mortgagee,  or   the    persons   claiming   under  him,  except 
upon  such  terms  as  the  Court  may  think  fit  and  properi 
which  terms  may  include  the  deposit  of  money  in  Court 


brancera. 


SPECIFIC    PEllFORMANCE,   ETC. 


Bpedflc  per- 
fomumoe. 


Dedflion. 


Oonrt  may  order 


41.  The  plaintiff  in  any  suit  to  be  brought  in  equity 
may  claim  from  the  defendant  a  specific  performance  of  his 
contract;  and  the  Court  shall  award  or  refuse  the  same, 
according  to  the  right  or  justice  of  the  case,  and  the  prin- 
ciples which  obtain  in  courts  of  equity. 

42.  Where  a  party  to  any  cause  shall  neglect  or  refuse, 
Inrtn^(S»t!*"^atter  an  order  has  passed  therefor,  to  execute  or  acknow- 

ledge  an  instrument,  such  instrument  may  be  executed  or 
acknowledged  by  a  master ;  and  when  confirmed  by  the 
Court,  shall  have  the  same  efficacy  as  if  made  by  the  party 
so  neglecting  or  refusing. 
"  P^^™;;7,5^«r     43.    The  Court  shall  have  the  power,  if  it  shall  see  fit  ao 

to  do,  upon  the  application  of  the  plaintiff  in  any  action  for 
the  detention  of  any  chattels,  to  order  that  execution  ahall 
issue  tor  the  return  of  the  chattels  detained,  without  giving 
the  defendant  the  option  of  retaining  such  ohattala  npon 


execution  for 
return  of  de- 
tained ohattelf. 


,1  ZXm.]  PROCEDURB    IN    BQUITT.  629 

ing  the  value  asaessed,  and  that  if  snob  chattels  cannot  Ghap.  95. 

onnd,  and  nnlesa  the  Gonrt  shall  otherwise  order,  the * — ~ 

riff  shall  levy  on  all  the  defendant's  lands  and  chattels, 
;he  defendant  render  such  chattels,  or,  at  the  option  of 
plaintiff,  that  he  cause  to  be  made,  of  the  defendant's 
s,  or  chattels,  the  assessed  value  of  such  chattels :  pro-  Proriio. 
d  that  the  plaintiff  shall,  either  bv  the  same  or  a  sepa- 
writ  of  execution,  be  entitled  to  levy  for  the  damages, 
I  and  interest  in  such  action. 

MANDAMUS. 

•  In  all  cases  in  which  the  plaintiff  shall  claim  that  ^^a>  piaintur 
lefendant  ought  to  fulfil  any  duty,  in  the  fulfilment  of  JT^dSiS!* 
h  the  plaintiff  is  personally  interested,  the  plaintiff 
bring  his  action  by  issuing  a  writ  of  summons,  claim- 
either  together  with  any  demand  which  may  now  be 
*ced  in  such  action,  or  separately,  a  writ  of  manda- 
commanding  the  defendant  to  fulfil  such  duty. 

The  writ  in  such  action  shall  set  forth  sufficient  v«toi« of  writ, 
nds  upon  whicli  such  claim  is  founded,  and  shall  set 
that  the  plaintiff  is  personally  interested  therein,  and 
he  sustains,  or  may  sustain,  damages  by  the  non-per- 
ince  of  such  duty,  and  that  performance  thereof  has 
demanded  by  him,  and  refused  or  neglected. 

The  pleadings  and  other  proceedings  in  any  action  Pieadinn,  ao. 
licb  a  writ  of  mandamus  is  claimed,  shall  be  the  same  S^*f^^d![^ 
respects,  as  nearly  as  may  be,  and  costs  shall  be  re-*^*^* 
•able  by  either  party,  as  in  an  ordinary  action  for  the 
'ery  of  damages. 

In  case  judgment  shall  be  given  for  the  plaintiff oo»rt  may  u- 
I  mandamus  do  issue,  it  shall  be  lawful  for  the  Court,  writ'^Sr^Si!? 
(ball  see  fit,  besides  issuing  execution  in  the  ordinary  SwatSlI" 
)or  the  costs  and  damages,  also  to  issue  a  peremptory 
if  mandamus  to  the  defendant,  commanding  him  forth- 
U>  perform  the  duty  to  be  enforced. 

The  writ  need  not  recite  the  declaration  or  the  cont«nta.mod« 
r  therein  stated,  but  shall  simply  command  the  per-tiraSf\?iS?.'*' 
HM  of  the  duty,  and  in  other  respects  shall  be  in  the 
Hi  an  ordipary  writ  of  execution,  except  that  it  shall 
iwoied  to  the  party,  and  not  to  the  Sheriff,  and  may  • 
ted  at  any  time  and  made  returnable  forthwith ;  and 
Ivni.  thereto,  except   that  of  compliance,  shall   be 
Wly'lmt  time  to  return  it  may,  upon  sufficient  ground, 
iif^A  by  the  Court,  either  with  or  without  terms. 
:*TlMl'irrit  of  mandamus  so  issued  as  aforesaid,  shall  Bff<><^  of  ^^^ 
moik  force  and  effect  as  a  peremptory  writ  of 
l^llMad  out  of  the  Court  of  Queen's  Bench  at 
rtadSn  ease  of  disobedience  may  be  enforced 


530  PROCEDURE    IN    BQUITT.  [PABT  m. 

Chap.  95.  ^0*  ^^^^  Court  may,  upon  application  by  the  plaiDtiiT. 
Proceedings —  besides  Of  iDstoad  of  proceeding  againat  the  disobedient 
wh«B  writ diao-  party  by  attachment,  direct  that  the  act  required  to  be 
^*^^^^^  done  may  be  done  by  the  plaintiff,  or  some  other  person 

appointed  by  the  Court,  at  the  expense  of  the  defendant; 
and,  upon  the  act  being  done,  the  amount  of  such  expense 
may  be  ascertained  by  the  Court,  either  by  writ  of  inqoirj 
or  by  reference  to  a  master,  as  the  Court  may  order ;  and 
the  Court  may  order  payment  of  the  amount  of  such  expen- 
ses and  costs,  and  enforce  payment  thereof  by  execntioD. 
Kotbinff herein       51.     Nothing    herein   contained    shall   take   away  the 
ito^i^^ie  jurisdiction  of  the  Supreme  Court  to  grant  writs  of  uiaD- 
^°^'  damus  as   heretofore ;  nor   shall  any   writ  of  mandaroaa 

issued  out  of  that  Court  be  invalid  by  reason  of  the  right 
of  the  prosecutor  to  proceed  by  action  for  mandamus  under 
this  Chapter. 
Rale iKnr  grant-      52.     Upou  application,  by  motion,  for  any  writ  of  mao- 
«i^  Bnpreme   ^j^^yg  jp  ^[jq  Supreme  Court,  the  rule  may,  in  all  cases,  be 

absolute  in  the  first  instance,  if  the  Court  shall  think  fit; 
and  the  writ  may  bear  date  on  the  day  of  its  issuing,  sod 
may  be  made  returnable  forthwith,  but  time  may  be  allowed 
to  return  it  by  the  Court  or  a  Judge,  either  with  or  with- 
out terms. 

INJUNCTIOlf. 

tjOT^whlrn""*^  53.  In  all  cases  of  breach  of  contract  or  other  injurj, 
gnnubie.  whcre  the  party  injured  is  entitled  to  maintain  and  faai 
brought  an  action,  he  may,  in  like  case  and  manner  as 
hereinbefore  provided,  with  respect  to  mandamus,  claim  a 
writ  of  injunction  against  the  repetition  or  continuance  of 
such  breach  of  contract  or  other  injury,  or  the  committal 
of  any  breach  of  contract  or  injury  of  a  like  kind  arising 
out  of  the  same  contract  or  relating  to  the  same  property 
or  right ;  and  he  may  also,  in  the  same  action,  include  a 
claim  for  damages  or  other  redress. 
Katareof  writ        54.     The  Writ  of  summons  in  such  action  shall  be  in  the 

of  eummont  in  ,  *  i  •  ^      r  •  i  • 

niMihcMe.  same  form  as  the  writ  of  summons  in  any  personal  action ; 
but  on  every  such  writ  and  copy  thereof  there  shall  be 
endorsed  a  notice,  that  in  default  of  appearance  the  plain- 
tiff may,  besides  proceeding  to  judgment  and  execution 
for  damages  and  costs,  apply  for  and  obtain  a  writ  ot  in- 
junction. 
JeedSS^^M^  55.  The  proceedings  in  such  action  shall  be  the  same, 
^<M-  as  nearly  as  may  be,  and  subject  to  the  like  control  as  the 

proceedings  in  an  action  to  obtain  a  mandamus  under  the 
provisions  hereinbefore  contained;  and  in  euch  actioii 
judgment  may  be  given,  that  the  writ  of  in^unctioti  do  or 
do  not  issue,  as  justice  may  require ;  and  in  case  of  dis- 
obedience, such  writ  of  injunction  may  be  eoforoed  Jbgr 
attachment  by  the  Court. 


>  TCTLB  XZm.]  PBOOD0BB   IH   BQUITr.  5S1 

66.    It  shall  be  Iswfal  for  the  plaintiff  at  any  time  after  Chap.  95. 
the  commencement  of  tlie  action,  and   whether  before  nr^: 


of  injnnctioD  tu  restrain  the  defendant  in  such  action, 
front  the  repetition  or  oontintmnce  of  the  wrongful  act  or 
breach  of  contract  complained  of,  or  the  committal  of  any 
breach  uf  contract  or  injury  of  a  like  kind  arising  out  of 
the  same  contract,  or  relating  to  the  same  pniperty  or 
right;  and  auch  writ  mny  be  granted  or  denied  by  the 
Court  apon  terms  as  to  the  duration  of  the  wnt,  keeping 
acconnt,  giving  security  or  otherwine,  as  to  auch  Court 
shall  raem  reasonable  and  just ;  and  in  ca^e  of  disobti- 
dicDce  anch  writ  may  be  enforced  by  attachment  by  the 
Gonrt. 

67.  It  shall  be  lawful  for  the  defendant  in  any  action  ^^ 
to  plead  by  way  of  defence  thereto,  any  matter  which  imox 
woald  entitle  him  to  have  a  perpetual  injunction  in  a  Court 
of  equity  against  the  maintenance  of  such  action  ;  and  the 
matter  of  stich  defence  Bhall,  if  proved,  or  if  judgment 
pass  by  defoult,  be  a  bar  to  auch  action;  and  tbe  defeod- 
aot  shall  have  judgment  thereon  with  costs. 

58.  Ill  any  action  in  which  a  right  shall  be  involved,  it  jj-^  ,„  „.„^ 
shall  be  lawful  for  the  Supreme  Court  or  a  iudare  by  a  o"4°n<Nion. 
summary  order,  in  the  nature  oi  an  injunction,  to  be  maile 
on  motion  in  the  cause,  to  restrain,  prevent  or  modify  the 
exercise  of  such  right  by  any  party  in  the  action,  until  a 
jadgment  shall  be  Imd  establishing  such  right,  or  until 
aooli  other  earlier  time  as  to  the  Court  shall  seem  lit,  and 
on  anch  terms,  it  any,  as  the  Court  may  require,  and  in 
Hire  manner  as  it  would  have  been  competent  to  the  Court 
oi  Chancery  to  have  done,  if  such  right  had  been  con- 
tested in  a  suit  pending  therein  ;  and  in  like  manner  to 
renew,  vary  or  set  aaidu  such  order  from  time  to  time  as 
the  case  may  require  ;  and  it  shall  be  lawful  for  the  Court  ^?^^^J? 
St  the  time  of  making  such  restraining  order,  if  it  shall  tvrj. 
•M  fit,  or  if  it  shall  be  required  by  the  party  against  whom 
nob  order  ia  made,  to  direct  that  un  issue  shall  be  sub- 
■itted  to  the  jury,  who  shall  try  the  principal  matter 
respecting  the  e^jiatduce  or  extent  of  such  right;  refer- 
ring it  to  tlie  jury  also  to  try  and  inquire  whether  any 
damage  or  injury  Imi  been  sustained  by  the  party  so  in- 
jured, by  the  gruntiag  of  such  order,  and  the  amount  of 
such  damage,  il'  any;  and  such  jury  shall  find  upon  the 
iaaue  accordingly,  and  their  finding  shall  be  returned  with 
the  other  findings  in  the  cause  :  and  judgment  and  exeoa- 
tion  shall  be  given  and  had  for  the  amount  so  fouDd, 
together  with  the  coats  of  the  defendant  occasioned  by 
tbe  trial  ol  such  issue. 


532 


PROCEDURE    IN    EQUmT. 


[pAttT  m. 


Chap.  95. 


FrooeedingB  m 
to  retl  ettato  of 
iQiiaties,  in- 
fento,  Jke. 


ature  of  order. 


kited  of  order. 


Ifatnreofoon- 
veyante. 


i.Beport  filed. 


BBAL  X8TATB  OF  LUNATICS  AND  INFANTS. 

59.  Lunatics  and  persons  nan,  compotea  mentis, 
and  infants  seised  of  real  estate,  or  entitled  to  any  term 
of  years  in  lauds,  may  by  their  next  friends  or  guardians 
petition  the  Court  for  an  order  to  sell  or  dispose  of  such 
property,  who  shall  proceed  in  a  summary  manner,  on 
affidavits,  to  inquire  into  the  merits  of  application ;  and, 
if  the  disposal  of  such  property,  or  any  part  thereof,  be 
necessary  for  the  support  of  any  such  lunatic,  or  person 
non  compos  mentiSj  or  infant,  or  for  his  education,  or  for 
the  education  or  support  of  the  infant  children  of  the 
lunatic  or  person  non  compos  mentis  furnished  or  to^be 
furnished,  or  if  the  interests  of  the  infant  or  lunatic 
or  person  non  compos  mentis,  or  his  infant  children, 
will  be  substantially  promoted  by  such  disposal,  on 
account  of  any  part  of  his  said  property  being  exposed 
to  waste  or  dilapidation,  or  being  wholly  unproductive,  or 
for  any  other  reasonable  cause ;  the  Court  may,  on  the 
filing  of  a  bond  by  such  guardian  or  next  friend,  or  other 
person  appointed  by  the  Court,  in  case  there  be  not  already 
a  lawfully  appointed  guardian,  with  such  sureties,  in  such 
form,  and  on  such  terms  and  conditions  as  shall  be  directed, 
order  the  letting  for  a  term  of  years,  the  sale,  mortgage, 
or  other  disposal  of  such  real  estate  or  interest,  whether 
possessory  or  reversionary,  by  such  guardian  or  next 
friend,  or  person  appointed  by  the  Court,  in  such  manner, 
and  with  such  restrictions  as  shall  be  deemed  expedient, 
but  not  in  any  case  contrary  to  any  last  will  or  conveyance 
by  which  such  estate  or  term  was  devised  or  conveyed  to 
such  infant,  unless  where  the  support  and  maintenance  of 
the  Innatic  or  person  non  compos  mentis,  or  his  infant  chil- 
dren, or  the  support  and  maintenance  of  the  infant  shall 
have  required  or  shall  then  require  it;  and  it  shall  be  so 
expressed  in  the  order. 

60.  All  sales,  leases,  mortgages,  or  conveyances  made 
in  good  faith  by  any  guardian  or  next  friend,  in  pursuance 
of  such  order,  shall  be  as  effectual  as  if  made  by  such 
lunatic  or  person  non  compos  mentis  after  his  restoration  to 
reason,  or  such  infant  after  he  had  attained  the  age  of 
twenty-one  years ;  and  it  shall  not  be  necessary  in  the 
conveyance  to  recite  any  part  of  the  proceedings  required 
by  this  Chapter,  but  the  same  shall  briefly  refer  to  the 
order  and  the  sale,  leasing,  or  other  disposal  of  such  ipro* 
perty.  The  party  making  the  sale  shall  file  a  report  there* 
of  Avith>the  Prothonotary  of  the  county  in  which  the  lands 
.are  situate. 


TRLB  XZlIt.]  PaOOIODBC   Ul    BQDITT.  5SS 

6t.    UpoB  any  order  For  the  sale  of  nay  property  beiog  Chap.  95. 

made  as  aforesaid,  the  Coart  may  make  ancn  order  for  the  pi^^^^ 

iDveatment.  disposal  and  applicatioa   of  the   proceeds   ot  ^'^^^^' 
aa<ih  property,   and  of  the  increase  aad  interest  arising 
therefrom,  as  shall  secnre  the  same  for  the  benefit  of  the 
Innatio  or  person  non  compos  mentis  or  hia  infant  children, 
or  of  the  infant. 

62.  No  sale  made  as  aforesaid  shall  give  to  any  soch  ■■«*"'■'*■ 
Innatic  or  person  non  compos  meniis  or  infant  any  other  or 
greater  interest  or  estate  in  the  proceeds  of  sach  sale  than 

he  had  in  the  estate  ao  sold. 

63,  Every  coiiveyauoe  made  nnder  the  above  provisions,  ■ff»<*of  """t- 
sod  registered  in  the  county  where  the  lands  lie,  shall  be 

taken  aa  presumptive  evidence  that  ail  the  proceedings  on 
which  the  same  is  foanded  were  rightly  bad. 

PZItPETVATUtO    TBSnUOMV. 

64^  When  a  person  shall  be  desirous  to  perpetaate  the  ]^'^"Sja« 
testimony  of  any  witness,  he  may  issue  a  writ  of  summons,  ot  taininou  for 
which  shalUkt  forth  briufly  his  title,  claim,  or  interest,  in  £i^?^ 
or  to  the  sn'ect  concerning  which  he  desires  to  perpetuate 
the  testimony,  and  the  names  of  all  parties  interested  or 
BOpposed  to  be  interested  therein,  and  the  names  of  the 
witnesses  proposed  to  be  examined,  which  shall  be  served 
on  the  parties  interested,  or  snpposed  so  to  be.     A  notice 
shall  be  served  on  such  parties,  with  the  writ  or  snhsequent 
to  the  service  thereof,  which  shall  state  when  and  where 
mad  before  whom,  the  examination  of  each  witness  shall 
tate  place ;  but  no  witness  shall  be  examined  under  these 
provisions  unless  the  parties  supposed  to  be  interested 
•ball  have  bad  at  least  tea  days  notice  of  such  examination. 

65.  The  examination  of  the  witnesses  shall  be  taken  J'jJ^'"'  *"' 
bafbre  a  commissioner  for  the  examination  of  witnesses  de 
imu  a$e,  and  in  the  same  way  as  such  examinations  now 
take  place;  unless  on  application  to  the  Court  a  special 
OOOiniissioner  be  appointed,  when  the  examination  shall 
taks  place  before  such  special  commissioner. 

"i.     After  the  commissioner  shall  have  engrossed  the  ^j^J^i^"""" 

»ition  (if  each  witnus?,  it  shall  be  read  to  him,  and  he 
nil  subscribe  it ;  and  the  commissioner  shall  certify  the 
Jae,  place,  and  manner  of  his  taking  the  deposition,  and 
■bo  atteniied  at  the  taking  thereof)  and  that  the  same 
tas  taken  by  him  in  perpetual  remembrance  of  the  facts 
[ated  thorein. 

.  67.     The  deposition  and  certificate,  together  with  a  trae  2^""'  '''• 
'  Ktv  of  the  notice  of  examination,  and  an  affidavit  of  the 
f  such  Qotioe,  stating  upon  whom  and  when  the 
imd,  Bhall  be  filed  in  the  office  of  the  Protbo- 


534  psooBDUBi  m  bquit7.  [fart  bl 

Chap.  95.   notary  of  the  cooQty  in  which  the  examiaatioa  shall  have 

taken  place,  within  ten  daya  after  the  examination. 

neMMti<wM0d      68.    If  any  suits  shall,  either  at  the  time  of  taking  frnch 

deposition  or  at  any  time  afterwards,  be  pending  betweea 

the  person  at  whose  instance  it  was  taken,  and  the  personi 

named  in  the  writ,  or  any  of  them,  who  were  so  notified, 

or  any  persons  under  either  of  the  said  parties  respeot* 

ively,  concerning  the  title,  claim,  or  interest  set  forth  in 

the  writ,  the  deposition  so  taken,  or  a  certified  copy  o(  it 

from  the  Prothonotary's  office,  may  be  used  in  snits  in  tlM 

same   manner,  and   subject  to   the   same   conditions  and 

objections,  as  if  it  had  been  originally  taken  in  and  for 

such  suit. 

▲ttendAnceof        69.     Any  witucss  may  be  subpoenaed  and  compelled  to 

ompeiied.  ^   givo  his  testimony  in  perpetual  remembrance  of  a  thing  ai 

hereinbefore    prescribed,  in    like   manner   and   under  the 

same  penalties  as  witnesses  subpoenaed  to  attend  and  give 

evidence  on  the  trial  of  a  cause. 

ocMUoonneotod       70.     All  costs  iiicurred  under  those  provisions  on  both 

t^i^^mptty^"'  sides  shall,  in  the  first  instance,  be  paid  by  the  party  seet 

^^  ing  to  perpetuate  testimony ;  but  in  case  tH  depositioi 

shall  thereafter  be  used  in  any  suit,  and  he  shall  therein 

obtain  a  judgment,  it  shall  be  discretionary  with  the  Court 

to  allow   the  costs  in  that  suit  to  be  taxed  against  and 

payable  by  the  party  against  whom  the  judgment  shall  be 

so  obtained. 

COSTS. 

OMteioeqaitabie  71.  All  costs  shall  be  taxed  by  a  judge,  and  the  fees  in 
equitable  suits  shall  be  taxed  and  allowed  as  in  the  Chapter 
"OF  Costs  and  Fees.'' 
Feiukityforezor>  72.  Any  porsou  taking  greater  fees  shall  for  snob 
bitant  ees.  offenco  forfeit  to  the  party  aggrieved  forty  dollars,  and  also 
the  amount  of  such  excessive  fees.  Actions  for  Kuch  fb^ 
feitures  shall  be  brought  in  the  county  where  the  offence 
WHS  committed,  and  within  six  mouths  next  after  the  date 
of  such  offence. 

APPRALS  FROM  JUDGE    IN    EQUITY. 

t^Sr^SS^ta       '^^'     ^^  appeal   shall   in  all   cases,  except  mattera  of 

SnprttiieOoart.  practice  or  of  costs,  lie  from  every  decision,  order,  jadg^* 

ment  and  decree  of  the  Judge  in  Equity  to  the  Supreme 

-  Court   in   banc,  and   on  such   appeal  being  perfected  as 

hereinafter  provided,  the  matter  so  appealed  fr3m  shall  be 

entered  on  the  next  ensuing  docket  of  the  Supreme  Coarl. 

PtutioB.  74.     The  intention  to  appeal  shall  be  signified  by  peti* 

tion  succinctly  stating  the  grounds,  addressee]  to  the  Judge 

in  Equity,  and  accompanied  by  the  certificate  of  coenseki 

(not  being  the  attorney  in  thecause),  that  in  his  jodg^oieiit 

there  is  reasonable  cause  of  appeal. 


mu  xxjn.]         PAOOEDusB  m  bquitt.  535 

75.  The  petition  shall  be  presented  within  ten  days  Obap.  95. 
from  the  date  of  the  decinion,  order,  judgment  or  decree  n^»dinnu~ 
appealed   from,  if  the  appellaut  reside  in  the  County  oE  pm<ci<o. 
Halifax,   tourteeo   days   if  in   any  other  county  in  Nova 

Scotia  proper,  and  twenty  dnya  if  in  Capo  Breton.  The 
appellant  shall  cause  to  be  entered  with  the  Prothonotary 
at  Halifax,  aecurity  in  One  hundred  and  sixty  dolUra  to 
pay  to  the  respondent  snch  casts  a>»  the  Supreme  Coart 
may  appoint,  in  case  the  order  or  decree  shall  not  be 
revelled.  The  security  shull  be  by  bond  to  Her  Majesty, 
witHht  leaat  one  good  surety,  who  shall  justify ;  but  it  the 
Judge  shall  so  direct,  the  security  shall  be  by  the  deposit 
with  the  Prothonotary  at  Halifax  of  such  sum  of  money 
aa  may  be  ordered,  not  exceeding  One  hundred  and  sixty 
dollars.  The  petition  shall  »ut  torCh  specifically  the  o™<»>*orpe- 
groands  of  appeal;  and  the  appellant  shall  on  the  argu- 
ment ot  the  appeal,  be  confined  to  the  grounds  stated  in 
the  petition. 

76.  Stay  of  proceedings  shall  not  be  consequent  upon  ^ei  pcMMd- 
appeals  unless  the  Judge  in   Equity,  upon  special  applica-^'*' 

tion,  sliall  so  order,  or  unless  in  special  casus  the  Supreme 
Court  shall  interpose  to  that  effect.  The  application  may 
be  contained  in  the  petition  of  appeal,  and  in  any  case 
•hall  be  at  tlie  peril  of  costs  in  the  discretion  of  the  Judge, 
if  unsuccessful.  * 

77.  The  petition  shall  be  dismissed  if  ihe  security  be  Jj^^j^T"^ 
not  perfected  with  the  Prothonotary  at  Halifax  within  the 

time  limited ;  unless  upon  application  to  the  Judge  in 
£iqaity  the  time  shall  be  extended. 

Ti  There  shall  be  an  appeal  as  aforesaid  from  the  i^JU^"^?^ 
deciaions  of  the  Judge  in  Equity,  to  the  full  bench  of  the  pau^ 
Sopreme  Court,  and  the  Judge  iu  Equity  may  be  a  meoi* 
Iwr  of  the  Court  oF  appeal ;  and  such  appeals  shall  be 
illUect  to  such  uonditionx  as  regards  stay  of  proceedings 
KKI  costs,  when  not  provided  fur  by  legislative  enactment 
as  may  bo  pre^icribed  by  any  rules  to  be  mads  by  the 
Judge  :  and  such  appeals  may  bo  heard  out  of  Term  if  the 
attendance  of  the  judges  can  be  'procured,  or,  if  heard  id 
Term,  such  portinii  of  the  Term  eltall  be  allotted  for  them 
u  may  b«  requisite  and  convenieot. 


536 


WITNBB8BS  AND  ETmENOB. 


[PAR  ID. 


Chap.  96. 


CHAPTER  96. 


OF  WITNESSES  AND  EYIDENCB. 


Commlwioo 
tw  tokinff  depo-! 
dtioDs  otab- 
9ent  witneoMS, 
how  iasued,  Ac. 


Enrmlnationg, 
bv  w&om  open- 
M.  obj«clioiis 
when  to  be 
141(611:  prooeed- 
ingB  tiiereon. 


Supreme  coart 
tna^  order  ex- 
ttminations  of 
witnesHes  under 
ootnmi&dons 
from  oourte 
abroad. 


Dppoftttions  of 
witnesMS  aboat 
to  leave  pro- 
vince, a^ed  or 
infirm,  bow 
taken. 


1.  In  any  civil  action  the  Court  or  a  jadge  or  prothoD- 
otary,  upon  sufBcient  cause  being  shewn  by  affidavit,  may 
order  a  commission  to  issue  for  taking  the  depositions  of 
witnesses  residing  out  of  the  Province,  id  such  manner 
and  under  such  restrictions  as  the  Court  or  judge  or  pro- 
thoDotary  may  direct ;  and  the  depositions  so  taken^Wy 
be  read  in  evidence  at  the  trial  of  the  cause  ;  and  if  the 
parties  in  any  cause  pending  in  any  court  consent  in 
writing,  to  examine  witnesses  residing  out  of  the  Province, 
whetlier  by  interrogatories  or  viva  vocCf  Buch  consent  and 
the  proceedings  had  thereunder  shall  be  as  valid  in  all 
respects  as  if  a  commission  had  been  sued  out  and  the 
proceedings  had  thereunder. 

2.  Examinations  of  witnesses  residing  abroad  may  be 
opened  by  the  prothonotary  of  the  court  at  the  instance 
of  either  party :  and  either  party  may  notify  the  other  of 
their  being  so  returned,  and  no  objections  to  such  exami- 
nations being  read  shall  avail,  unless  taken  within  eight 
days  next  after  such  notice  served  ;  the  party  objecting 
shall  Be  required  to  specify  his  objections  in  writing,  and 
the  Court  or  a  judge,  on  summons,  may  then  hear  such 
objections  and  decide  thereon. 

3.  Where  a  court  or  tribunal  of  competent  jurisdiction 
in  any  part  of  Her  Majesty's  dominions,  or  in  any  foreign 
country  shall,  in  some  proceeding  before  it,  issue  or 
authorize  a  commission  or  order  for  obtaining  the  testi- 
mony of  some  person  being  within  this  Province  or  the 
production  of  papers  therein,  it  shall  be  lawful  for  the 
Supreme  Court  or  a  judge,  it  satisfied  of  the  authenticity 
of  the  commission  or  order,  and  the  propriety  of  the 
examination  or  production  by  rule  or  order,  to  direct  the 
examination  of  the  persons  whom  it  is  desired  to  examine, 
and  the  production  of  papers,  when  required,  in  the  manner 
prescribed  in  the  commission  or  order  for  examination,  or 
in  such  other  manner,  and  before  such  person  and  with 
such  notice,  as  the  Court  or  a  judge  may  direct. 

4.  In  civil  causes  depositions  of  witnesses  who  are 
about  to  leave  the  Province,  or  are  aged,  infirm,  or  other* 
wise  unable  to  travel,  may  be  taken  before  a  judge  or 
commissioner,  on  due  notice  being  given  to  the  adverse 
party ;  and  any  party,  upon  showing  sufficient  cause  bj 
affidavit,  may  obtain  from  a  judge  or  commissioDer 
order  in  such   terms  as  he  shall  think  fit^  to  compel 


TTTIM  ZXm.]  WITNESSES  AND   E7IDES0I.  oST 

aDwilliog  witoeRS  in  any  sach  cause  to  give  eridoDoe  before  Chap.  96. 
tbe  judge  or  commissioner.  "^ 

5.  Where  such  witnesses  reside  in  any  other  oonaty  JU^I^"5o 
than  that  in  which  the  cause  is  to  be  tried,  a  judge  or  cum-  ontnudcia 
missionei  on  sufficient  cause  being  shewa  by  affidavit,  may  ^^^^a^tf, 
rive  BQch  order  as  he  shall  think  fit  for  the  depositions  ae 

bene  ewe  of  such  witnesaaa,  to  be  talceu  before  a  judge  or 
commisaiooer  by  iaterrogatories  or  otherwise. 

6.  In  all  cases  of  depositions  to  be  taken  before  any  »oti«t^depo- 
jadgfl  or  commisBioner,  at  least  twenty-four  hours  notice  gir«^i«iui 
Id  writing  shall  be   given   to  the  adverse  party  or  to  his  "S™'™'"' 
ittoruey,  where  such  party  or  his  attorney  reaidea  within 

the  ooanty,  and  an  additional  twenty-four  hours  notice  for 
avery  twenty  miles  that  such  party  or  his  attorney  shall 
reside  beyond  the  limits  oE  the  county  ;  and  such  notice 
■ball  in  all  cases  contain  the  names  ot  the  witneaaes  to  be 
nsmined. 

7.  Where  any  rule  or  order  shall  be  made  for  examina-  ■*^^lj"' 
tion  of  witnesses  or  production  of  papers  under  any  ol  ^^fi>r«aa~ 
the   provisions  of  this   Chapter,  and    the   rule   or   order  tanq?'ot*i™t. 
together  with  a  notice  containing    tlie  time  and  place  of 
itteadance,  signed  by  the  person  who  is  to  take  the  exami- 
nation, ahnll  nave   been  duly  served  on  the  party  to  be 
axarained,  and  he  shall  have  been  tendered  hia  legal  fees 

Tor  attendance  and  travel,  the  refusal  or  neglect  to  obey 
my  BQch  rule  or  order  shall  be  deemed  a  contempt  of 
sonrt,  and  may  be  punished  by  process  ot  contempt. 

8.  No  witness  shall  be  compelled  under  any  rule  or  ^''"'v- ud 
mier  Qoder  this  Chapter  to  produce  any  writing  or  docn-  w™t™b*pn>- 
Bent  that  he  could  not  be  compelled  to  produce  on  trial,  *"*"" 

lor  to  answer  any  question  he  would  not  be  bound  to 
liHwer  in  cunrt. 

9.  No  deposition  taken  de  bene  ease  to  be  used  on  trials  ^^S?'"''j?'_rt 
Id  this  Province,  shall  be  read  in  evidence  without  thfri^sTidnna. 
(KnMBt  of  the  party  against  whom  the  same  is  offerud ; 

uKa*  the  judge  shall  be  satisfied  that  the  deponeut  is 
ilmif  or  beyond  the  jurisdiction,  or  unable  trom  some 
indniiitr  to  attend  the  trial ;  but  in  case  of  his  being  so 
rttfaflBO,  the  deposition,  certified  under  the  hand  of  the 
iadgo  or  commiasionor,  shall,  without  proof  of  his  signa- 
ture, be  received  and  read  in  evidence,  saving  all  just 
»soeptiona. 

10.  No   examinations  of  wttnessea  residing  abroad  or  Sumiutian. 
aben  de  bene  ease  sIdi!!  be  set  aside  by  the  Court  or  any  ^^t^^tiet 
udge  thereof,  unless  the  party  ohjeoting  shall  lay  grounds  J^^^wjl^'' 
ty  affidavit,  which  may  he  opposed  aa  in  other  cases,  and 

mlcBS  the  Court  or  judge  snail  be  of  opinion  that  the 
ibjectiuns  are  uot  of  a  purely  technical  character,  and  that 
obstaRttal  justice  requires  that  such  objections  shonid 
»»«.;>  i»i.i»k  ahaU  be  go  expressed  in  the  order. 


5SS 


WITNESSES  AND  EYIDENCB. 


[PIBT  nL 


Chap.  96. 

In  Bapmne 
ooart  where 
disoovervls 
•ou^t,  interro- 
gatories may  be 
■erved  on  oppo- 
idte  party,  «o. 


How  attested. 


Veglectto  an- 
swer deemed 
eootemptof 
coart. 


In  cane  of  in- 
soffldent  an- 
swer, party 
may,  by  order, 
be  examined 
orally. 


Order  for  oral 
examination, 
effect  of. 


▲nswenmay 
be  nsed  as  evi- 
dence. 


▲AdaTlts  in 
answer  to 
matter. 


11.  In  all  causes  in  the  Supreme  Court,  by  order  of 
the  Goort  or  a  jndge,  the  plaintiff  or  defendant  may  at  any 
time  deliver  to  the  opposite  party,  or  his  attorney,  provided 
such  party,  if  not  a  body  corporate,  would  be  liable  to  be 
called  and  examined  as  a  witness  upon  such  matter,  inter- 
rogatories in  writing  upon  any  matter  as  to  which  dis^ 
covery  may  be  sought ;  and  require  such  part}^  or,  in  the 
case  of  a  body  corporate,  any  of  the  officers  of  such  body 
corporate,  within  ten  days,  to  answer  the  questions  io 
writing,  by  affidavit,  to  be  sworn  before  and  attested  by 
the  Court,  a  judge,  or  commissioner,  or  justice  of  tlie 
peace,  and  to  be  subscribed  by  the  party  answering,  and 
filed  in  the  Prothonotary's  office,  and  notice  thereof  giveft 
to  the  attorney  on  the  opposite  side ;  and  any  party  or 
officer  omitting,  without  just  cause,  sufficiently  to  answer 
all  questions  as  to  which  a  discovery  may  be  sougiit  witk 
in  the  above  time,  or  such  extended  time  as  the  Court  or 
a  judge  shall  allow,  shall  be  deemed  to  have  committed  a 
contempt  of  the  Court,  and  shall  be  liable  to  bo  proceeded 
against  accordingly. 

12.  In  case  of  omission,  without  just  cause,  to  answer 
sufficiently  such  written  interrogatories,  it  shall  be  lawful 
for  the  Court  or  a  judge  at  their  discretion  to  direct  aa 
oral  examination  of  the  interrogated  party,  as  to  such 
points  as  they  may  direct,  before  a  judge  or  commissioner*! 
and  the  Court  or  a  judge  may,  by  such  rule  or  order,  or 
any  subsequent  rule  or  order,  command  the  attendance  of 
such  party  before  the  person  appointed  to  take  sur4i 
examination,  for  the  purpose  of  being  orally  examined  as 
aforesaid,  or  the  production  of  any  writings  or  other  doc!&- 
ments  to  be  mentioned  in  such  rule  or  order,  and  may  imr 
pose  therein  such  terms  as  to  such  examination,  and  the 
costs  of  the  application,  and  the  proceedings  thereon,  and 
otherwise,  as  to  such  Cuurt  or  judge  shall  seem  just. 

13.  Such  rule  or  order  shall  have  the  same  force  and 
effect,  and  may  be  proceeded  upon,  as  nearly  as  may  be, 
in  like  manner  as  an  order  made  for  the  deposition  de  beni 
esse  of  witnesses  about  to  leave  the  Provinoe,  to  be  takes 
before  a  judge  or  commissioner  ;  except  that  the  answers 
to  the  interrogatories,  or  the  oral  examination's,  shall  be 
hold  to  be  taken  absolutely,  and  not  de  bene  eue,  UQleai 
otherwise  specially  ordered. 

14.  The  answers  to  the  interrogatories  filed  aa  aforfr 
said,  and  the  answers  on  the  said  oral  examination,  nay  bt 
used  as  evidence  taken  under  commission  may  be  ose4« 
and  without  the  party  offering  the  same  being  preclnMl 
from  controverting  or  contradicting  any  part  tberaof. 

15.  Upon  motions  founded  upon  affidavits,  it  sImII  bt 
lawful  for  either  party,  with  leave  of  the  Court  or  •  jtMlg% 


riTLl  ZZm.]  WITNBSHCB  Am   EVIDBNCB.  539 

x>  make  affi(]BvitB  in  anewer  to  the  affidarits  of  tfie  oppo-  Chap.  98. 

lite  party  npon  any  new  matter  srisins  out  of  such  affi^  — ' 

iftvits,  Bobject  to  ttll  Bnch  rules  as  may  neraafter  be  made 
respecting  gncb  affidavits. 

16.  UpuD   t)ie  hearing  of  any  motion  or  Buramonn  \t  omnot  iaOf 
iba]l  be  lawfal  for  the  Court  or  a  judge,  at  their  discretion,  ^u^ba'™' 
iad  upon  such  terms  as  they  shall  think  reasonable,  from  S^^"** 
time  to  time,  to  order  such  documents  as  they  may  think  BmiMiiKmi 
St,  to  be  produced,  and  such  witnesxeB  as  they  may  think 
oeceaBsry.  to  appear  and  l>e  examined  vivA  voce,  either  be- 
fore ench  Court  or  judge,  or  before  a  commissioner;  and 

opon  hearing  such  evidence,  or  reading  the  report  of  sacb 
xmmiflsioner,  to  make  such  rule  or  order  as  may  be  jnst. 

17.  The  Court  or  a  judge  tnay,  by  such  rule  or  order,  vnyasraDiuii 
jr  any  Bubsequent  rule  or  order,  command  the  attendance  w^vlaiaT^ 
>f  the  witnesses  named  (herein,  for  the  purpose  of  being  ^^J^^, 
utamined,  or  the  production  of  any  writings  oroth-^r  docu-"«^"«" >>«'<£■ 
nents  to  be  mentioned  in  such  rule  or  order  ;  and  such  rule  ° 

jr  order  shall  be  proceeded  upon  as  nearly  as  may  be,  in 

:be  same  manner  as  rulea  or  orders  made  for  the  deposi* 

3ona  de  bene  ease  of  witnesses,  to  be  taken  before  a  judge 

IF  oommisBioner,  are  now  proceeded  upon,  aiid  it  shall  be 

awful  for  the  Court,  or  judge,  or  commr^sioQer,  to  adjoorn 

ibeexamiuatioQ  from  time  to  time,  as  occasion  may  require  ;  rnMMding* le 

Hid  the  proceedings  upon  such  examination  shall  be  "oo-^"^™^ 

faioted,  and  the  depositions  taken  down,  as  nearly  as  may  be  uentdtbaeam. 

m  the  mode  now  in  nse  with  respect  to  the  vivA  voce  exam- 

DAtion  of  witnesses  de  bene  esse   when  about  to  leave  the 

Ptavince. 

18.  Any  party  to  any  civil  action  or  other  civil  proceed^  ippii™tioiii  by 
llgt  ia  the  Supreme  Court,  requiring  the  affidavit  of  a  per-™™^Unii- 
Wa  who  refuses   to  make  an  affidavit,  may  apply  by  »nm-^^^^SmSLt 
IHU  for  an  order  to  such  person  to  appear  and  be  exam-**"^*™- 
JMd  apen  oatb  before  a  judge  or  commissioner,  to  whom  it 

nay  bu  most  conveiiieTil  to  refer  sncit  examination,  as  to 
iie  matter  coiicerning  which  he  has  refnsed  to  make  an 
kffidavit ;  and  n  judge  may,  if  he  think  fit,  make  such  order 
br  the  attonditnre  of  tstich  person  before  the  person  thero- 
n  Appointed  to  take  sucli  examination,  for  the  purpose  of 
leing  examined  n9  aforesaid,  and  for  the  production  of  any 
rritings  or  documents  (o  be  mentioned  in  such  order,  and 
oay  thereupon  impose  sttch  terms  as  to  such  examination, 
hod  the  costs  of  the  application  and  proceedingB  thereon, 
\B  he  shall  think  St. 

19.  Dpnn  the  applicntion  of  either  party  to  any  cause  ProdaotieD  << 
ir  other  civil  proceeding  in  the  l^apreme  Court,  apoD  an  tumhof^po 
iffidavit  of  sucn  party  of  his  belief  that  any  document,  t<J^**»"^- 
ho  production  of  which  he  is  entitled  for  the  purpose  of 

ijfjrise,  is  IB  the  poBaessioo  or  power  of 


540 .  wiTNiaasBS  and  eyidbnce.  [part  m. 

Ohap.  96.  the  opposite  party,  it  shall  be  lawFol  for  the  Court  or  a 
'        "j'l^go  to  order  thnt  the  party  against  whom  such  applica- 
tion \a  male,  or  if  such  party  is  a  body  corporate  that  some 
officer  to  be  named  of  such  body  corporate,  shall  answer 
on  affidavit,  stating  what  documents  he  has  in  his  possess- 
sion  or  power  relating  to  the  matters  in  dispute,  or  what  be 
knows  as  to  the  custody  in  which  they  are,  and  whether  be 
objects,  and  if  so,  on  what  grounds,  to  the  production  of 
such  as  are  in  his  possession  or  power;  and  upon  such 
affidavits  being  made  the  Court  or  judge  may  make  such 
further  order  tliereon  as  shall  he  just. 
SwtaSSSd  u»        ^^*     Depositions  taken  by  virtue  of  the  four  next  pre- 
prothoDotary;    Ceding  scctious  shall  be  carefully  taken  down  by  the  ex- 
of.  ******  •*®^  aminer,  and  by  him  be  returned  to  and  kept  in  the  office 
of  the  Prothonotary  of  the  Court,  and  office  copies  of  sach 
depositions  may  be  given  out  and  the  depositions  may  be 
otherwise  used  in  the  same  manner  as  in  the  case  of  depi>- 
sitions  taken  de  bene  ease  of  witnesses  about  to  leave  the 
Province,  except  that  the  depositions  shall  be  held  to  be 
taken  absolutely,  unless  otherwise  specially  ordered, 
itopoitof  jadge      21.    It  shall  be  lawful  for  any  judge  or  commissioner, 
or  oommiMion-  i^Qthorized  Under  any  rule  or  order  for  taking  exarainatioos 
under  the  said  four  sections,  or  under  any  rule  or  order  for 
taking  an  oral  examination  of  an  interrogated  party  as  afore- 
said, and  he  is  hereby  required  to  make,  if  need  be,  i 
special  report  to  the  Court  touching  such  examination  and 
the  conduct   or  absence  of  any  witness   or  other  persoo 
thereon   or   relating  thereto ;  and   the   Court   is    hereby 
authorized  to  institute  such  proceedings,  and  make  sacli 
order  or  orders  upon  such  report  as  justice  may  require, 
and  as  may  bo  instituted  and  made  in  any  case  of  contempt 
cotuofappiica-of  the  Court ;  and  the  costs  of  every  application   for  any 
SSticiaJy.        of  such  rulcs  or  orders,  and  of  the  rules  and  orders  aad 
the  procoedint^s  thereon,  shall  be  in  the  discretion  of  the 
Court  or  a  judge. 
Written  or  22.     Either  party  in  any  civil  action  may  exhibit  to  tbe 

m^ts  mavbe  adverso  party  or  his  attorney,  any  written  or  printed  docu- 
!dS!£!!iSli;  nient  to  be  used  at  the  trial  of  the  cause,  and  require  him 
aodhiw^Sl  n-  ^^^^^^"^  eight  days  to  enter  into  a  rule  to  admit  tfie  same; 
ooBtainoaseof '  and  if  the  party  so  required  shall  neglect  or  refuoe  so  to 
'^'""^'  do,  and  the  judge  before  whom  the  issue  ib  tried  shall  be 

of  opinion  that  the  instrument  proved  was  necessary  to 
support  the  cause  of  the  party  producing  it,  the  party  ao 
neglecting  or  refusing  shall  be  liable  to  pay  the  fees  of  the 
witnesses  necessary  for  proving  the  same. 
ckMUof proof        23.    No  witnesses'  fees  shall  be  allowed  in  any  case 
tobedinu^wed  withiu  the  preceding  section,  in  a  party  who  shall  bare 
MfflMtot?eK.    adduced  in  support  of  an  issue,  of  which  it  was  iDcambent 
bi&t.  on  him  to  prove  the  affirmative,  any  writtea  or  printed 


ITLB  ZXm.]  WnNBBSBB  AND  BTIDEHOB.  S41 

locatneot  which  shall  not  have  been  exhibited  a  reason-  Chaf.  96. 

ibie  time  before  the  trial  or  inqair;  to  the  opposite  party; ' — 

inless  sufficient  cause  shall  be  shewn  on  taxation,  why  the 
lotice  coald  not  have  been  given. 

24.  JVo  charge  for  preparing  to  prove  any  such  doco- wtutimtitif 
De3t  incurred  before  the  service  of  the  notice,  or  afleran  ^^"tJb^' 
iffer  by  the  adverse  party   to  admit   the   same,  shall  be  JJJS'ml* 
Jlowed,  except  those  charges  necessarily  incurred  in  con- 
leqaeuoe  of  some  act  of  the  adverse  party,  after  the  service 

if  notice  and  before  Ihe  offer  of  admission. 

25.  In  case  of  written  documents  exhibited  as  aforesaid  bawcioci- 
lod  Dot  admitted ;  if  the  Court  or  judge  who  tried  the  ^dmmo^m^i, 
aiise  or  the  judge  who  shall  tax  the  costs,  shall  be  of  £JJJ^^^ 
ipioion  OD  hearing  the  parties,  that  the  written  documents  ™"^ 

rere  not  required  on  the  trial,  and  that  the  party  pro- 
lacing  or  proving  them  had  not  reasonnble  ground  for 
telieving  they  would  be  required,  the  party  proving  the 
locameuts  shall  pay  the  costs  thereof;  whatever  may  be 
he  resnlt  of  the  cause. 

26.  .  Notwithstanding  such  written  docnments  may  have  unarttbink 
•een  required,  if  the  Court  or  the  jndge  who  tried  the  £i^^^^, 
anse  or  the  judge  who  may  tax  the  coats,  shall  be  of  opin-  'i«Mm(«u  i«j 
30  OD  hearing  the  parties,  that  the  party  decIiDing  tooMi^^cMa 
dmit  such  docnments  bad  reasonable  and  just  grounds  for '"'*'**^ 
lectioing,  such  party  shall  not  be  liable  for  the  coats  of 
■roving  the  written  uocnraents  absolutely  and  in  any  result 

f  the  cause  ;  bat  such  coats  shall  be  costs  in  the  cause, 
nbjeot  to  the  ordinary  mies. 

XT.    All  proclafl)  itions,  treaties,  and  other  acta  of  state,  procktiuuina. 
^  fcay  foreign  state,  or  of  any  British  colony,  and  all  judg-  S^""'i,}jS; 
MDts,  decrees,  orders,  and  other  judicial  proceedings  of  ^^^jJ^S** 
lay   conrt   of  justice   in    the   United   Kindom   of   Great  mi  eiUBnu.  is., 
Britain  and  Ireland,  or  in  any  foreign   state,   or   in   any*""'" 
British    colony  ;  and    all   affidavits,   pleadings,   aud  other 
legal  documents,  filed  or  deposited  in  any  such  court,  may 
be  proved  in  any  court  of  justice,  or  before  any  person 
Wing,  by  \nw,  or  by  cDDsent  of  parties,  authority  to  hoar, 
receive  and  examine  evidence,  either  by  examined  copies, 
or  by  copies  authenticated  as  hereinafter  mentioned,  that 
is  to  say :  if  the  document  sought  to  be  proved  be  a  pro- 
clamatioD,  treaty,  or  other  act  of  state,  the  authenticated 
copy  to  be  adroiaaible   in   evidence,   must  purport  to  be 
sealed  with  the  seal  of  the  foreign  state  or  British  colony 
Co  which  the  original  document  belongs  ;  and  if  the  doca- 
meut  sought  to  be  proved  be  a  judgment,  decree,  order  or 
other  jndioiiil  proceeding  of  any  British,  foreign  or  colonial 
court,  or  an  affidavit,  p^ading,  or  other  legal  document. 
Sled  or  deposited  in  any  such  conrt,  the  anthenticatea 
»py,  to  be  admissible  in  evidence,  mnst  purport  to  b« 


642 


WITNESSES  AND  ETIDBNOB. 


[part  HL 


Chap.  96. 


Docamentii  ad- 
mUwible  in  en- 
denoe  in  Eng- 
land without 
proof  of  signa- 
tore,  kc,  ad- 
miasible  here. 


Oertiflad  oopiea 
of  papers  flled 
in  court  adnii«- 
aible  as  evi- 
denoe. 


AAdarlts  to 
hold  to  bail,  &c., 
wade  abroad. 


sealed  either  with  the  seal  of  the  said  British,  foreign,  or 
colonial  court  to  which  the  original  document  belongs,  or 
in  the  event  of  such  court  having  no  seal,  to  be  signed  bj 
the  judge,  or  if  there  be  more  than  one  judge,  by  any  one 
of  the  judges  of  the  said  court,  and  such  judge  shall  attach 
to  his  signature  a  statement  in  writing  on  the  said  copji 
that  the  court  whereof  he  is  a  judge,  has  no  seal ;  but  if 
any  of  the  aforesaid  authenticated  copies  shall  purport  to 
be  sealed  or  signed  as  hereinbefore  respectively'  directed, 
the  same  shall  respectively  be  admitted  in  evidence  in 
every  case  in  which  the  original  document  could  have  been 
received  in  evidence,  without  any  proof  of  the  seal  wliere 
a  seal  is  necessary,  or  of  the  signature,  or  of  the  truth  of 
the  statement  attached  thereto,  where  such  signatnre  and 
statement  are  necessary,  or  of  the  judicial  character  of  the 
pereon  appearing  to  have  made  such  signature  and  state- 
ment. 

28.  Every  document  which,  by  any  law  now  in  forceor 
hereafter  to  bo  in  force,  is  or  shall  be  admissible  in  evi- 
dence of  any  particular  in  any  court  of  justice  in  Eng- 
land, or  Wales,  or  Ireland,  without  proof  of  the  seal  or 
stamp,  or  signature  authenticating  the  same,  or  of  the  judi- 
cial or  official  character  of  the  person  appearing  to  have 
signed  the  same,  shall  be  admitted  in  evidence  to  the  same 
extent  and  for  the  same  purposes,  in  any  court  of  justice 
in  this  Province,  or  before  any  person  having  therein,  by 
law  or  by  consent  of  parties,  authority  to  hear,  receive, 
and  examine  evidence,  without  proof  of  the  seal,  or  stamp, 
or  signature  authenticating  the  same,  or  of  the  judicial 
or  ofiScial  character  of  the  person  appearing  to  have 
signed  the  same. 

29.  Copies  of  any  document,  writing,  or  proceeding, 
filed  in  any  court  in  this  Province,  shall  be  received  as 
evidence  to  the  same  extent  as  the  original  :  provided 
such  copies  be  certified  under  the  seal  of  the  court,  or  bj 
the  proper  officer  under  his  hand. 

30.  All  affidavits  for  the  purpose  of  holding  persons  to 
bail  in  this  Province,  or  having  relation  to  any  judicial 
proceeding  in  any  court  of  justice  therein,  purporting  to 
be  made  before  a  commissioner  ap|K)inted  to  do  acts  withoat 
the  Province,  or  a  judge  of  any  court  of  justice  in  ths 
United  Kingdom,  or  in  any  foreign  state,  or  in  any  Brttiab 
colony,  if  in  other  respects  conformable  to  law  and  tlw 
practice  of  the  court  in  which  they  are  designed  to  be 
used,  may,  notwithstanding  they  are  made  before  sooh 
commissioner  or  judge  of  a  British,  foreign,  or  colonial 
court,  be  received  and  acted  upon,  and  shall  liave  tht 
same  effect  as  if  made  before  a  judge  or  other  lawhl 
authority  in  this  Province ;  provided  the  same  parport  to 


am  ZZtlL]  WITNEBSES  AfiD  STIDENCE.  643 

e  sealed  with  the  seal  of  such  commissioner  or  of  the  Chap.  96. 

tritish,  foreign,  or  colonial  coart,  before  one  of  the  judges 

f  which  they  purport  to  be  made,  or  in  the  eveot  of  dach 
onrt  having  do  seal,  provided  the  judge  whoso  name  is 
obscribed  thereto,  shall  have  attached  to  his  dignature  a 
tatetnent  ic  writing,  on  the  affidavit,  that  the  coart 
thereof  he  is  a  judge,  has  no  seal :  but  if  any  soch  affidavit 
hall  purport  to  be  sealed  and  signed,  or  to  be  signed, 
without  being  seated,  as  liereinbefore  respectively  di* 
ectud,  the  name  shall  be  respectively  received  atid  arted 
ipon  AS  aforesaid,  and  admitted  in  evidence  in  every  court 
if  this  Province,  without  any  proof  of  the  signature  and 
eal  of  the  commiseiouor  or  of  the  signature  of  the  judge 
Bd  Heal  of  the  court,  where  a  eeul  is  nocessary,  or  of  the 
igaature,  or  of  the  truth  ot  the  statement  attached 
hereto,  where  such  signature  and  statement  are  alone 
equired,  or  of  the  judicitil  character  ot  the  person  appear- 
ng  to  have  made  bucIi  signature,  or  signature  and  state- 
nent  respectively.  Declarations  now  or  hereafter  made  un^inUnM 
D  coDlormity  with,  and  which  shall  have  legal  effuot  and  ^^^^^IS^ 
iperatioii  in  the  place  where  the  name  maybe  made,  under  ™'^^'»^>• 
«d  by  virtue  of  an  act  of  the  imperial  parliament,  passed  hcnT'^ 
n  tiie  fifth  and  sixth  years  uf  the  reign  ot  his  late  Majusty 
Ling  William  the  l^ourth,  Chapter  sixty-two,  relating  to 
he  abolition  of  oaths  in  certain  cases,  and  of  any  act  in 
meirdment  thereotj  shall  havu  the  sime  operation  and 
ffsct  in  this  Province  as  if  authenticated  under  oath 
wlbrethe  same  officers  before  whom  the  declaration  had 
le^n  made,  and  as  if  these  ofScers  had  been  authorized  to 
kdminister  such  oath. 

Acte,  deeds,  evidence,  acknowledgments,  and  declara- ict>, iiMdt, *e. 
ims,  now  or  hereafter  done,  made,  taken,  or  proved   in  ta*i?c5S't*'' 
Inat  Britain  or  Ireland,  or  any  of  Her  Majesty's  posses-  STv*^"' *°iiL 
iona,  witii  timse  forms  of  authentication  and  proof  which     "*'"' 
lull  be  the  lugnl  mode  ot  proof  and  authentication   in 
bose  places,  shall  liuve  the  same   force  and  eSect  in  this 
*rovince  oi^  if  sworn  to  beloro  the  same  persons  or  officers, 
>y  and  beToro  whom  the  proof  and  authentication  may  be 
ikade,  and  aa  if  those   persons  or  officers  bad  power  to 
dtoinister  au  oath. 

31.  Every  register  of,  or  declaration  made  in  respect  Prootofr^ 
f,  aoy  British  ship,  in  pursuance  of  any  of  the  acts  rela-  Sp.'  "^ 
iog  to  the  registry  ot  British  ships,  may  be  proved  iu  any 
curt  of  justice,  or  before  any  person  having,  by  Uw  or  by 
oosent  vt  parties,  authority  to  hear,  receive  and  examine 
videuce,  either  by  the  production  of  the  origiual,  or  by 
n  examined  copy  thereof,  or  by  a  copy  thereof  purporting 
0  be  certiGed  under  the  hand  of  the  person  having  the 
barge  of  the  original,  and  which  person  is  hereby  required 


544  WITNESSES  AKB   EVIDENCE,  [PART  lU. 

Chap.  96.    to  furnish  such  certified  copy  to  any  person  applying  at  a 

reasonable  time  for  the  same,  upon  payment  of  the  sum  of 

twenty  cents ;  and  every  reeister  or  copy  of  register,  and 
also  every  certificate  of  registry  granted  under  any  of  the 
acts  relating  to  the  registry  of  British  vessels,  and  purport- 
ing to  be  signed  as  required  by  law,  shall  be  received  in 
evidence  in  any  court  of  justice,  or  before  any  person  Iiav- 
iog  by  law  or  by  consent  of  parties,  authority  to  hear, 
recejve,  and  examine  evidence,  as  presumptive  proof  of  all 
the  matters  contained  or  recited  in  such  register,  when  the 
register,  or  such  copy  thereof  as  aforesaid  is  produced,  and 
of  all  the  matters   contained  or   recited  in,    or  endorsed 
upon,  such  certificate  of  registr}**  when  such  certificate  is 
produced, 
certifled  copies       32.     A  copy  of  any  grant  of  lands,  or  documents  or  any 
adSi^ibieas'    proceedings  in  Her  Majesty's  Council  respecting  the  titles 
evidence.  ^f  ]j|nds,  or  filed  in  the  Provincial  Secretary's  office,  certi- 

fied by  the  Provincial  Secretary  or  the  Clerk  of  the  Council, 
shall  be  received  as  evidence  to  the  same  extent  as  tha 
original ;  and  copies  of  any  document,  writing,  or  proceed- 
ing, returned  to  or  filed  in  the  Provincial  Secretary's  office, 
and  copies  extracted  from  the  Minutes  Book,  and  Entries  of 
the  Executive  Council,  duly  certified  by  the  Provincial 
Secretary,  Deputy  Secretary,  or  Clerk  of  Council,  Bhall  be 
receivable  iu  evidence  to  the  same  extent  as  the  originals. 
Certifled  copies       33.     A  copy  of  any  grant  from  the  Crown,  or  of  any 
may  be'Woei'ved  dccd  from  the  books  of  registry,  certified  under  the  hand 
Mondence.       ^f  ^^^  registrar,  or  proved  to  be  a  true  copy  taken  there- 
from, shall  be  received  as  evidence  in  the  absence  of  the 
original,  if  it  shall   be  made  to  appear  to  the  Court,  by 
affidavit,  that  such  original  is  not  in  the  possession  or 
under  the  control  ot  the  party,  and  that  he  has  inquired 
for,  and  been  unable  to  procure  the  same. 
Probate  of  will,      34.     The  probato  of  a  will,  or  a  copy  thereof,  certified 
rotS^JdM^^  under   the  hand   of  the  judge  or  registrar  of  probate,  or 
dence.  proved  to  bo  a  true  copy  of  the  original  will  when  such 

will  has  been  recorded,  shall  be  received  as  evidence  of 
the  original  will  in  all  causes ;  but  the  Court  may,  upon 
due  cause  shewn  upon  affidavit,  order  the  original  will  to 
be  produced  in  evidence,  or  may  direct  such  other  proof 
of  the  original  will  as  under  thecircumstlinces  may  appear 
necessary  or  reasonable  for  testing  the  authenticity  of  the 
alleged  original  will  and  its  unaltered  condition,  and  the 
fidelity  of  the  prepared  copy. 
Tv>appiyto  This  sectiou  shall  apply  to  wills  and  the  probate  and 

provedibro^?.  copios  of  wills  provod  elsowhere  than  in  this  Province; 
provided  that  the  original  wills  shall  have  beeu  deposited 
and  the  probate  and  copies  granted  in  regularly  conatitateS 
courts  having  jurisdiction  over  the  proof  of  willa  and 
administration  of  intestate  estates  or  the  casiody  of  wills* 


nULB  XZm.]  VITHE8BE8  AND   ETIDBKCB.  646 

35.  A  party  iatendiug  to  avail  himself  of  the  two  pre- Chap.  9$. 
csdiog  eectiona   mast  give  notice  in  writing  of  such  his  Hotio^'io't* — 
iDtoDtioD  to  the  opposite  party,  at  least  too  days  previous ^™t*><ipi>>>- 
to  the  trial,  with  a  schedule  of  the  deeds  or  wills  bo  in-      '*"'■ 
tended  to  be  given  in   evidence,  and  the  books  wherein 

the  same  are  recorded  ;  but  the  judge  may  dispense  with 

each  notice  if  he  be  satisfied  that  no  injastice  has  been 

done  by  the    want   thereof.     The   certificate   ot  registry  oertiBategi 

endorsed  on  any  deed,  docket  of  judgment  or  attachment,  ^^^^Udu 

and  etgned  by  the  registrar,  shall  be  taken  and  allowed  in^^^"' 

till  courts  as  evidence  of  the  registry. 

36.  A  copy  of  any  duplicate  original  of  a  grant  or  of^pr*'*™"- 
the  registry  of  any  grant,  certified  oy  the  Commissioner 

of  Crown  Lands,  or  by  the  registrar  of  deeds  of  any 
connty  where  ench  grant  is  recorded,  shall  be  received  in 
evidence. 

37.  A  certificate  of  the  Prothonotary  at  Halifax,  on  pi>iu ontiflHi 
th«  plan  of  any  township  retnrned  under  the  thirty-firstS^™""""' 
section   of    Chapter   Seventy-nine    "  Of  the    Registry   of 

Deeds  and  Encumbrances  affecting  Lands,"  sbalT  be  pre- 
sompiive  evidence  that  the  same  is  the  original  plan  which 
it  is  alleged  to  be  in  suoh  certificate  ;  and  snch  plan  shall 
tbereapon  be  received  in  evidence  as  such. 

38.  It  shall  not  be  necessary  to  prove  by  the  attesting  ^^"""rt™- 
witness  any  instrument  to  the  validity  of  which  attestation 

is  not  requisite;  and  such  instrument  may  be  proved  by 
admisflioo  or  otherwise,  as  if  there  had  been  no  attesting 
witness  thereto. 

39.  Comparison  of  a  disputed  writing  with  any  writing  ^^  byeom- 
proTed  to  the  satisfaction  of  the  judge  to  be  genuine,  shall  handwriting. 
M  permitted  to  be  made  by  witnesses,  and  such  writing 

■nd  the  evidence  of  witnesses  respecting  the  same,  may 
be  anhmittsd  to  the  court  and  jury  as  evidence  of  the 
gyonmeness  or  otherwise,  of  the  writing  in  dispute. 

40<     No  person  shall   be  an   incompetent   witness   by  inc^i^^^^Mt 
rfHRD  of  incapacity  from  crime  or  from  interest.  lSiS^™" 

41.     On  the  trial  of  any  issue  joined,  or  of  any  matter  oompctoit 
or  question,  or  on  any  inquiry  arising  in  any  suit,  action,  "'"""•^ 
or  other  proceeding  ia  any  court  of  justice,  or  before  any 
person  having  by  Inw  or  by  consent  of  parties  authority  to 
bear,  receive  and  examine  evidence,  the  parties  thereto, 
and  the  person  iu   whose  behalf  any  such  suit,  action,  or 
other  proceeding,  may  bo  brought  or  defended",  and  the 
hnsbanda  and  wivcH  of  the  parties  thereto,  and  the  person 
in  whose  buhalf  any  such  suit,  action,  or  other  proceeding 
may  be  brought  or  instituted,  or  opposed  or  defended,  in- 
clndiug    the  reputed  father  in    bastardy  cases,  and  the 
defendant  iu   cases   of  petty   trespass  and  assault,  shall,  ! 
except  a«  hereinafter  excepted,  be  competent  and  compel- 
51 


546 


WITNESSES  AKD  ETIDENCE. 


[FABT  m. 


Proviro. 


Inoompetent 
witnesses. 


Ohap.  96.   ^Me  to  give  evidence,  either  viva  voce  or  by  deposition 

according  to  the  practice  of  the  court,  on  behalf  of  either 

or  any  oi  the  parties  to  the  suit,  action,  or  other  pro- 
ceeding. 
Partiee  exoiaded     Provided  that  on  the  trial  of  any  issue  loined  or  of  any  mat- 

from  giving         .  . .  ..•'..•'.  -^      "^  .• 

evidence  in  suits  tor  or  questiou  or  on  anv  inquiry  arising  in  any  smt,  action, 
2eOTto»!*c.  ^^  other  proceeding  in  any  court  of  justice,  or  before  any 
person  having  by  law  or  by  consent  of  parties,  authority 
to  hear,  receive  and  examine  evidence  brought  by  or 
against  the  executor  or  administrator  of  a  deceased  per- 
son, it  shall  not  be  competent  hereafter  for  any  other  of 
the  parties  to  such  action,  or  the  wife  of  any  such  party 
to  give  evidence  on  behalf  of  such  party  of  any  dealings,  traD« 
sactions  or  agreements  with  the  deceased,  or  of  any  state- 
ments or  acknowledgments  made  or  words  spoken  by  him, 
or  of  any  conversations  with  him  ;  provided  that  any  such 
party  or  his  wife  shall  be  competent  and  compellable  to 
give  evidence  on  behalf  of  any  such  executor  or  adminis- 
trator. 

42.  Nothing  herein  contained  shall  render  any  person 
who,  in  any  criminal  proceeding,  is  charged  with  the  com- 
mission of  any  indictable  offence,  or  any  offence  punish- 
able on  summary  conviction,  other  than  those  mentioned 
in  the  preceding  section,  competent  or  compellable  to  give 
evidence  for  or  against  himself,  or  shall  render  any  person 
compellable  to  answer  any  question  tending  to  criminate 
himself;  and  nothing  herein  contained  shall  render  anj 
husband  competent  or  compellable  to  give  evidence  for  or 
against  his  wife,  or  any  wife  competent  or  compellable  to 
give  evidence  for  or  against  her  husband  in  any  criminal 
proceeding,  or  in  any  proceeding  instituted  in  consequence 
of  adultery, 
oommnnic*.  43.     No  husbaud  shall  be  compellable  to  disclose  any 

tiona  of  husband  *.•  i.i*         i         i-  •/*-!•  <i 

to  wife.  Ac.,  not  Communication  made  to  nim  by  nis  wife  during  the  mar- 
to  be  disclosed.   ^jj^gQ  -  and  uo  wifc  shall  be  compellable  to  disclose  any 
communication  made  to  her  b^   her  husband  during  the 
marriage. 

44.     Nothing  in  the  three  next  preceding  sections,  shall 
apply  to  any  action,  suit,  proceeding  or  bill,  in  any  court 
of  common  law,  or  court  of  marriage  and  divorce,  insti- 
tuted in  consequence  of  adultery. 
Pajt>' producing     45.     A  party  producing  a  witness  shall  not  be  allowed 
SveeWdSice^of  to  impeach  his  credit  by  general  evidence  of  bad  character; 
t»;'*bnt*^^^  but  he  may,  in  case  the  witness  shall  in  the  opinion  of  the 
wntradict  him.  judgo,  provo  advorso,  contradict  him  by  other  evidence, 
or,  by  leave  of  the  judge,  prove  that  he  has  made  at  other 
times  a  statement  inconsistent  with  his  present  teatimony: 
but  before  such  last  mentioned  proof  can  be  giveOi  tM 
circumstances  of  the  supposed    statement  eamoienl  to 


Vol  to  apply  to 
notions  brought 
for  adultery. 


TITLB  ZZm.]  WITNESSES  AND  ETIDEHCB.  547 

desigoate  the  particular  occseioo,  maet  be  mentioned  to  Chap.  96. 
the  witness,  and  he  mnat  be  asked  whether  or  not  he  has 
made  anoh  Btatemeot. 

46.  If  a  witness  tipon  cross  examination  as  to  a  former  "^^^°"°' 
statement  made  by  him  relntive   to  the  subject  matter  of  ^coririu^ 
the  cause,  and  inconsiBtent  with  his  present  testimoDj,  J^t^.*^ 
does  not  diatinctly  admit  that  he  Itas  made  snch  statement, 

proof  may  be  given  that  he  did  in  fact  make  it ;  bnt  belore 
such  proof  can  be  given,  the  circamatances  of  the  sap- 
posed  statement  anfficient  to  designate  the  particniar 
occasion,  must  be  mentioned  to  the  witness,  and  he  most 
be  asked  whether  or  not  he  has  made  such  statement. 

47.  A  witness  may  be  cross-examined  as  to  previonBEuminxiopot 
statements  made  by  him  in  writing,  or  reduced  into  writing,  p^'^"uM- 
relative  to  the  subject  matter  of  the  cause,  without  such  =™t'owritimi. 
writing  being  shewn  to  him,  but  if  it  is  intended  to  con- 
tradict snch  witneBs  by  the  writing,  his  attention  mnst, 

before  such  contradictory  proof  can  be  given,  be  called  to 
those  parts  of  the  writing  which  are  to  be  used  for  the 
purpose  of  so  contnidicting  him:  provided  always  that  it 
sball  be  competent  for  the  judge  at  any  time  during  the 
trial  to  require  the  production  of  the  writing  for  his  in- 
Bpection  ;  and  he  may  thereupon  make  such  use  of  it  for 
the  purposes  of  the  trial  as  he  shall  think  fit. 

48.  A  witness  in  any  canse  may  be  questioned  as  to  ■P"''''"^*' 
whether   lie  has  been  convicted  of  any  felony  or  miede- to  bi>  ranciotiaii 
meanor ;  and  upon  being  so  questioned  if  he  either  deny"'"*""' 
the  fact  or  refuse  to  answer,  it  sliaJl  be   lawfnl   for   the 
opposite  party  to  prove  such  conviction;  and  a  certificate 
ooDtaining   the   substance  and  efiect  only,   (omitting  the 

formal  part)  of  the  indictment  and  conviction  for  such 
offence,  purporting  to  be  signed  by  the  clerk  of  the  coart 
or  other  officer  having  the  custody  of  tho  records  of  the 
court  where  the  offender  was  convicted,  or  by  the  deputy 
of  «nch  clerk  or  officer,  (for  which  certificate  a  fee  of  one 
dollar  and  no  more  shall  be  demanded  and  taken),  shall, 
upon  proof  of  the  identity  of  the  person,  be  sufficient 
OTideace  of  the  conviction,  without  proof  of  the  signatnre 
or  official  cViaraclsT  of  1lie  person  appearing  to  have  signed 
the  same. 

49.  Where  a  witnoas  in  a  cause  resides  more  than  fiveSnbptBiwiMoed 
miles  from  the  place  wliere  the  trial  is  to  be  had,  a  justice  Doaraidn 

of  the  peace  may  issue  a  subpoena  for  such  person  to  attend  3Sm2v?  °'''°' 
at   the   trial  thereof,  mid  the  same  shall  be  in  the  usual 
form  of  a  justice's  Hubpci'na,  with  the  necessary  alterations. 

50.  No  person  shall  be  obliged  to  attend  or  give  evi- witn«»  not 
dence  in  any  cause  beforo  any  court,  judge,  commissioner, tS^^miii 
maater,  or  arbitrator,  or  other  person  authorized  to  takej^i^"' 
hie  evidence  before  ho  is  tendered  bis  legal  fees  for  such 

attrntaSaBoa  and  necessary  travel. 


548 


WITNESSES  AND  EYIDENGE. 


[PAST  m. 


Judge's  t00ti- 
mony,  how 
Uken  and  used. 


Afllrmtition. 


Chap.  96.  ^^'  ^^^^  testimony  of  a  jud^e  of  the  Supreme  Coart 
may  be  taken  before  any  other  judge  or  a  commiseioner, 
in  the  same  manner  as  in  the  case  of  a  witness  about  to 
leave  the  Province ;  and  the  testimony  may  be  used  on  the 
trial  though  the  judge  be  not  out  of  the  Province,  if  be 
shall  be  necessarily  absent  from  the  county  on  official 
business. 

52.  If  any  person  called  as  a  witness,  or  required  or 
desiring  to  make  an  affidavit  or  deposition,  shall  refuse  or 
be  unwilling  from  alleged  conscientious  motives,  to  be 
sworn,  it  shall  be  lawful  for  the  court  or  judge,  or  other 
presiding  officer,  or  person  qualified  to  take  affidavits  or 
depositions,  upon  being  satisfied  of  the  sincerity  of  such 
objections,  to  permit  such  person,  instead  of  being  sworn, 
to  make  his  solemn  affirmation  or  declaration,  in  the  words 
following,  videlicet : 

"  I,  A.  B.,  do  solemnly,  sincerely,  and  truly  affirm  and 
declare  that  the  taking  of  any  oath  is,  according  to  my 
religious  belief,  unlawful ;  and  I  do  solemnly,  sincerelyj 
and  truly  affirm  and  declare,  &c.'' 

Which  solemn  affirmation  and  declaration  shall  be  of 
the  same  force  and  effect  as  if  such  person  had  taken  an 
oath  in  the  usual  form. 

'  53.    All  courts,  judges,  justices,  officers,  commissioners, 
arbitrators,  or  other  persons  now  or  hereafter  having  by  law 
or  by  consent  of  parties,  authority  to  hear,  receive  and  ex- 
amine   evidence,   are  hereby    empowered    to    administer 
oaths  to  all  such  witnesses  as  are  legally  called  before  them 
respectively,   and    to   administer   affirmations  to  such  of 
them  as  are  exempted  from  taking  oaths,  and  shall  attest 
their  having  administered  such  oaths  or  affirmations  by  their 
respective  signatures. 
Appointment  of      54.     The  Govomor  in  GouDcil  may  select  as  commission- 
ibJ^^thST*    ors  persons  residing  in   the  United   Kingdom  or  in  any 
nrtstobevaud.  British  colouy,  or  in  a  foreign  country;  and  a  certificate 
under  the  hand  and  seal  of  any  snch  commissioner,  of  the 
due  acknowledgment  as  required  by  law,  before  him,  of 
release  of  dower  by  married  women  in  lands  situate  within 
this  Province,  or  of  the  attestation  under  oath  before  such 
commissioner,  of  the  due  execution  of  deeds  and  writings 
intended    to   be   registered,  deposited,   or  filed,   in  agy 
public  office  in  this  Province,  or  of  the  attestation  ~  to  affi- 
davits relating  to  the  transfer  and  registry  of  vessels  be- 
longing to  this  Province,  or  relating  to  proceedings  in  the 
Supreme  Court,  or  in  an}'  other  court  within  this  Province!, 
being  a  court  of  record,  shall  be  of  full  force  and  effect  in 
this  Province,  when  produced  in  evidence  thereiUi  to  all  ^ 
intents  and  purposes,  as  if  such  acknowledgment,  oat^  off:. 
attestation  had  been  duly  taken,  administered  and  certifiiidi: 


Parties  ompow 
ered  to  admin- 
ister oaths,  fto. 


TTTLB  XXm.]   AB3ENT  OB  ABSCOHDINO  DBBTOBS.  549 

by  and  before  persooB  authorized  to  act  id  like  cases  with-  Gbap.  07. 
in  this  Province. 

55.  Parties  to  a  suit  wheD  entitled  or  compellable  to  iMoitioD  di 
be  examined,  shalf  be  included  noder  the  term  "wit-'*'™' 
oedses/'  and  be  within  the  moaoiDg  and  object  of  this 
Chapter.  The  terra  "commiasioners"  when  used  in  this 
Chapter  shall  include  commissionerB  appointed  for  taking 
affidavits,  and  ako  commissioners  aud  any  other  persons 
specially  authorized  under  this  Chapter  to  take  examina- 
tions, depositions,  affirmations  or  answers. 

56.  In  all  cases  of  contempt  by   disobedience   of  any  '^J?°H'^h, 
role  or  order  made  under  authority  of  this  Chapter,  any  tmiej. 
judge  may  take  cognizance  of  such  contempt,  and  issue 
attachment  or  other  process  of  contempt  and  decide  there- 
on, subject  to  appeal  to  the   Court  as  in  cases  of   appeal 

from  a  judge  at  chambers  ;  and  nothing  herein  shall  abridge 
the  jurisdiction  of  the  Court  over  such  contempts. 

57.  Nothing  herein  shall  be  construed  to  contravene  or^jtio^ijw 
conflict  with  any  legislation  (intra  vires)  of  the  Parliament  uw. 

of  Canada. 


CHAPTER  97. 

OF  SUITS  AGAINST   AB3EKT   OB  AB3C0NDIM0   DBBTOBS. 

1.  Suits  claimingtwenty  dollars  and  upwards  maybe  pro- suit  itg^iitb- 
located,  as  well  within  the  City  of  Halifax  as  elsewhere,  ^byuuty 
against  persons  absconding  or  nbsent  out  of  the  Province  ;  ^  •"nuMmi. 
Bdch  stiits   to   be   commenced   by   summons  stating   the 
defendant  to  be  absconding  or  absent  out  oi  the  Province, 

and  containing  the  cause  of  action,  with  particulars  when 
a  liqaidated  sum  is  claimed,  returnable  within  thirty  days. 

2.  Before  the  summons  issues  an  affidavit  of  cause  of  S^*'?!^!^ 
ifitjon  shall  be  made,  and  the  sum  endorsed  on  the  sum-iHiu- 
mou^  as  in  cii^cs  ot  holding  to   bail,  with   or  without  a 
judge's  order ;  and  the  affidavit  shall  also  state  that  the 
dofeudant  is  abseat  or  absconding  from  the  Province :  a 

copy  of  the  summons  shall  be  left  at  the  last  place  of 
defendant's  abode  ;  and  no  rule  to  plead  or  notice  of  "trial 
shall  be  required. 

3.  At  or  after  the  commencement  of  action,  and  with- Attt^mmt 
out   further  or  other  affidavit,  the  plaintiff  may  sue  outont. 
attachment  to  take   property,  on   which  attachment  shall 

be  endorsed  the  sum  endorsed  on  the  eriginal  snmmons. 

4.  The  tiheriff  to  whom  a  writ  of  attachment  is  direct- 2j^ii„rifl 
ed,  shall  levy  for  the  amount  endorsed  on  the  writ,  With  iiuii  itir- 
oae  hundred  and  twenty  dollars  for  probable  costs  in  decla- 

ratioo  causes,  and  twenty.eight  dollara  in  Bnmmary  causes. 


550  ABSENT  OB  ABSCONDING  DEBTORS.  [PABT  IH. 

Chap.  97.  5«  Where  goods  are  exhibited  to  the  Sheriff  as  the  pro- 
Goods  exhibited  po^tj  of  the  absent  or  absconding  debtor,  they  shall  be 
tobeftDpr*iBed  valued  by  two  sworn  appraisers,  and  upon  an  appraisment 
®"  *^'  being  made  under  their  hands,  the  Sheriff  shall  levy  upon 
such  part  of  the  goods  as  shall  be  sufficient  to  respond  the 
Attachmentoniy  sum  sworn  to,  and  probable  costs  as  above  ;  but  the  defen- 
bind,  fn>m  levy,  ^^^^t^  property  shall  not  be  bound  by  the  attachment  until 

a  levy  is  made. 
Periahabicgooda     6.    Where  the  goods  consist  of  stock,  or  are  shewn  upon 
^rof"ootJt^  affidavit  to  be  of  a  perishable  nature,  and  the  agent  shall 
SfgkenT^^^^   not,  within  three  days  after  notice  of  the  appraisement, 
give  security  t  >t  the  value,  a  judge,  or  the  Prothonotary  of 
the  county  in  his  absence  may,  at  his  discretion,  cause  the 
same  to  be  sold  at  public  auction  and  the  proceeds  thereof 
shall  be  retained  by  the  Sheriff,  or  paid  into  Court  to  res- 
pond the  judgment. 


SUBSEQUENT   ATTACHEB8. 

raY^TOntST^**     7.     When  any  person  shall  have  any  title  or  interest  in 
tachment.         any  real  estate,  goods  or  credits  attached,  as  a  subsequent 
attacher  or  otherwise,  he  may  be  allowed  to  dispute  the 
validity  and  effect  of  the  attachment,  on  the  ground  that 
the  sum  demanded  was  not  justly  due,  or  that  it  was  not 
payable  when  the  action  commenced. 
Biiaii  apply  to         8.     The  party  objecting  to  the  attachment,  maj'  apply  to 
Syit.^"  the  Court  to  set  it  aside,  which  application  shall  be  ground- 

ed on  an  affidavit,  setting  out  the  facts  and  circumstances 
on  which  the  motion  is  made,  and  also  shewing  that  his 
claim  is  just  and  legal. 
Court  may  refer      9.     Upou  hearing  the  motion,  the  Court  may  direct  a 
andmay  mafi   trial  by  jury  of  any  question  of  fact  arising  on  the  inquiry; 
otberordere.     ^^^  jj  j^  ^Yiq,\1  appear  that  the  sum  demanded  in  the  prior 

suit  or  any  part  of  it  is  not  justly  due,  or  was  not  payable 
when  the  action  was  commenced^  the  Court  shall  order  the 
attachment  therein  made  to  be  set  aside  in  whole  or  ia 
part,  as  justice  shall  require,  but  the  order  shall  have  no 
other  effect  in  the  prior  suit. 
Pro««<Jin«a  in       10.    The  proceedings  between  the  two  adverse  claimants 
Cav^no  effect,    sliall  uot  be  affected  by  any  plea  or  other  act  of  the  defen- 
dant in  the  prior  suit,  nor  by  any  judgment  that  shall  be 
rendered  therein, 
^^rtmav order     n.    The  Court  may,  upon  every  such  inquiry,  direct 
f^ts&c.         such  security  to  be  given  for  costs,  and,  upon  any  deciskm 
thereon,  may  award  such  costs  to  either  party  as.  they  slmll 
think  just  and  reasonable ;  and  execution  in  the  commos 
form  may  be  issued  therefor. 


nnji  xxm.]  abbekt  ob  absconding  dsbtobs.  651 

Chap.  97. 


APPBABANCK,   AMD  JUDOUKNT  WHSRX    NO  APPSAKAKOB. 

12.  The  defeodaot  may  appear  at  any  time  before  judg-  ^™ 
meat.  "' 

13.  If  DO  appearance  be  entered  after  six  months  from  Dutiig»,tknr 
attachment  of  property  or  service  of  au  agent,  unless  J^I^IT^'f,^. 
special  matter  in  bar,  abatement,  or  further  continuance  ■"■*' 

be  allowed,  the  damages  may  be  assessed  before  a  judge 
at  chambers,  or  before  the  Court,  and  the  judge  or  Court 
may,  at  his  or  their  discretion,  order  a  trial  before  a 
jory. 

14.  If  diBsatisfied  with  the  proof  or  the  finding  of  the  Jndge™y<mtor 
jury,  the  judge  or  Court  may  order  a  new  trial  or  may  ^ponejadg- 
postpone  judgment  for  not  more  than  six  mouths,  to  allow  ™*° 

the  defendant  further  opportnuity  to  defend. 

EXECUTION. 

15.  After   judgment   obtained    against   an   absent   or  Bxaootioaini} 
abHcondiug  debtor,  the  Court  or  a  judge  shall  grant  exeou-  ^!^t^o^rof 
tioD  against  any  agent  or  trustee  who   has  appeared  and""^ 
acknowledged   goods   or   credits    in  liis   bands,  for  such 
amount  and  on  snub  terms  as  the   Court  or  a  judge  shall 

think  fit,  allowing  the  agent  his  reasonable  costs  and  com- 
zaiseion ;  such  agent  or  trnstee  having  had  notice  of  the 
application. 

16.  Xo  execution  shall  issue  against  an  absent  orPiainuirtaain 
absconding  debtor  until  the  plaintilT  shall  give  security  to  ^^^^  *" 
tbe  satisfaction  of  the  Court  or  a  judge  or  the  Prothouotary, 

for  the  repayment  of  all  moneys  levied  thereunder,  in  case 
the  jndgmeot  should  be  reversed ;  hut  no  such  approval 
shall  be  given  by  the  Prothonotary,  unless  upon  affidavits 
verifying  the  sufficiency  of  the  security. 

17.  The  agent  of  such  absent  or  absconding  debtor  Aggntnotuabto 
«hali  not  be  held  liablo  for  any  goods  or  credits  so  taken  |,°a,£u|l.*dl^ 
out  of  his  hands  by  process  and  judgment  of  law.  *"- 


,18.     N^o  summoDSBliall  issue  in  any  case  against  an  absent  vonmduin  to 
or  absconding  debtor  to  bring  in  an  agent  or  trustee,  until  t^i^tXS^ 
the   plaintiff  or  his  agent  shall   make  an  affidavit  of  bia'"- 
belief  that  the   person  proposed  to  be  summoned  is  the 
agent  or  trustee  of  tha  defendant,  or  bath  goods  or  credits 
of  floch  defendant  in  bis  possession  or  under  his  control. 

19.     The  service  oF  process  on  the  agent  shall  bind  all  Barrinorpn- 
the  goods  and  credits  of  the  absent  or  absconding  person  ^lood* En 
then  ID  his  possession  or  under  his  control,  to  the  amoant  **"'"■ ''*'^' 
endorsed  oD  the  writ,  with  one  hundred  and  twenty  dollars 


552 


ABSBST  Olt  AB8C0NDIN0  DEBT0B8.  [PART  ID. 


Chap.  91. 


Appeamnoe  and 

dedltrmtionof 

ageat. 


PtotUo. 


Agent  or  trostee 
entitled  to  oosts 
and  fees  in  cer- 
tain 


Proceedings 
against  agent 
not  appearing. 


for  probable  costs  in  declaration  causes,  and  twentj-eigbt 
dollars  in  summary  causes. 

20.  When  an  agent  or  trustee  is  summoned*  he  shall 
appear  and  fjlo  bis  declaration  with  the  Prothonotarj  ot 
the  county  where  he  resides,  and  serve  the  plaintiff  or  fais 
attorney  with  a  copy  thereof  within  fifteen  days  after 
service ;  but  he  shall  not  be  required  to  appear  for  pe^ 
sonal  examination,  except  on  notice  to  that  effect  and  io 
the  county  where  he  resides,  either  before  a  judge  or  the 
Court  in  term  or  sittings. 

21.  Where  a  person  summoned  as  agent  or  trustee  shall 
fylo  a  declaration  under  his  hand  that  he  had  not,  at  the 
time  the  summons  was  served  upon  him,  any  goods  or 
credits  of  the  absent  or  absconding  debtor  in  his  posses* 
sion  or  under  his  control,  and  shall,  if  required,  submit  to 
an  examination  upon  oath  satisfactory  to  the  Court,  such 
agent  or  trustee  shall  be  discharged  and  be  entitled  to  his 
reasonable  costs,  to  be  taxed  and  allowed,  besides  his  fees 
and  attendance  as  in  case  of  a  witness,  and  shall  be  eoK 
titled  to  sue  out  execution  against  the  plaintiff  for  the 
amount  of  such  costs,  fees  and  attendance. 

22.  If  any  person  summoned  as  an  agent  or  trustee 
shall  fail  to  appear,  and  disclose  upon  oath  if  required  the 
amount  of  the  eoods  or  credits  of  the  principal  in  his 
possession  or  under  his  control,  at  the  service  of  process, 
or  to  acknowledge  that  he  has  sufficient  in  his  nands  to 
respond  the  judgment,  the  Court  may  proceed  against  bnn 
as  for  a  contempt ;  and  he  shall  also  be  liable  to  pay  the 
plaintiff  his  costs  if  the  Court  shall  so  order. 


SPECIAL     BAIL. 


Attachment  re- 
moved by  spe- 
•ialbail. 


23.  When  the  absent  or  absconding  debtor,  his  agent 
or  trustee,  shall  desire  to  relieve  the  property  from  the 
attachment,  he  shall  put  in  and  perfect  special  bail  to 
respond  the  judgment,  and  submit  to  such  terms  as  the 
Court  or  a  judge  shall  deem  right  for  the  attainment  of 
substantial  justice. 


TRIAL   AND   BE-HEARINO. 


JTo  trial  before 
attachment  or 
aoknowledg- 
»nent  by  agent. 


Defeadant  ic- 
heard  within 
tbree  years. 


24.  The  plaintiff  shall  not  proceed  in  the  trial  of  his 
cause  against  any  absent  or  absconding  debtor,  unless  ha 
real  estate  or  goods  shall  have  been  attached,  or  until  t|M 
agent  or  trustee  shall  have  admitted  that  he  has  goods  Of 
credits  of  such  absent  or  absconding  debtor  in  his  possat* 
sion  or  under  his  control. 

25.  Where  judgment  has  been  obtained  agaiDSl  #|| 
absent  or  absconding  debtor,  the  defendant  shall  bee  entitM 
to  a  re-hearing  at  any  time  within  three  years. 


titlk  xzm.]  assent  ob  absoohdimq  dbbtobs.  663 

'  Chap.  97. 


VO&EIUlt    COKPAHIBe. 


24.     CompanieB  or  bodies  corporate  associated  or  inoor-  ron^campt- 
porated  out  of  Nova  Scotia,  doing  business  hy  kq  ^gfot^^^'^^ 
within  thia  Province,  may  be  sued  for  any  caaae  of  aotion  i>™>i"m: 
arising  in  whole  or  in  part  therein,  by  the  name  whereby 
tboy  are  as&oci»tet]  or   incorporated,  or    by  the  name 
whereby  they  may  be  designated   by  the  agent;  and  ser- 
vioe  on   the   agent   ot  process  to   appear  shall   give  the 
Ooart  jurisdiction  over  the  case  ;  and  proceedings  shall 
be  bad  as  when  process  to  appear  has  been  served  on  a 
defendant   personally;  and   any   person   so   served   may, 
during  the  fintt  Term,  appear  and  shew  that  he  is  not  an 
agent,   and  upon  proof  thereof  he   shall   have  judgment 
against  the  plaintiff  with  costs  of  suit. 

27.  The  Court  may,  on  sufficient  canse  shown,  allow  Time  mowed  n. 
time  for  the  agent  to  communicate  with  his  constituents,  ^u!^™^. 

28.  If  indcrnient  shall  pass  for  the  plaintiff,  the  aeent,  <^ao^<BtMBd> 
Whether  the  anme  agent  who  was  served  with  process,  or  ronunawitat 
any  other,  shall  be  Bound  to  respond  the  same  out  of  the  J'""*"^'- 
Mssete  of  the  company  or  b«dy  corporate,  which  then  are, 

or  at  any  time  afterwards  may  come  into  his  hands  or 
aoder  bis  coutrol ;  deducting  his  costs,  and  fair  and  legal 
oommissioD  thereon,  to  be  disclosed  by  the  agent  on  oath, 
H  thereto  required. 

29.  After  judgment,  the  agent  may   be   examined  on  ■umin^n*' 
o«th  before  the  Court  or  a  judge  at  chambers,  concerning  judgmeDt. 
the  assets  of  the  company,  or  corporate  body,  in  his  hands 

or  nnder  his  control  at  the  time  of  judgment,  or  at  any 
tame  stterwarda  ;  and  the  plaintifT  and  his  proof  may  be 
la^nrd  in  explanation  or  contradiction ;  and  such  order 
lAall  be  therein  made  as  to  justice  may  appertain,  which 
■Aill  be  enforced  against  the  agent  personalty. 

SO.  If  the  plaintiff  shall  desire  security  previous  to""^*^" 
jvdcment,  he  may  at  the  commencement  of  the  salt,  oreuritjiiaiaT* 
dunng  its  progress,  make  oath  to  the  canse  of  action,  and  ''"''™™^ 
proceed  by  attachment  against  the  estate  and  effects  of 
4ke  company,  or  corporate  body,  and  by  snmmoDs  to 
disclose  against  tde  agents  and  debtors  of  the  coropany,or 
Corporate  body,  or  by  either  process,  and  by  one  or  in 
Kparate  and  several  writs;  and  the  estate  and  effeote 
attached,  and  ali^o  tlie  credits  and  effects  in  the  hands  or 
Qoder  the  control  of  the  agents  or  debtors  at  the  time  of 
service,  or  at  any  time  afterwards,  shall  be  available  to 
respond  the  judgment  to  the  amonnt  of  the  sum  sworn  to 
wd  costs,  as  in  ciiaes  under  the  sectiona  relating  to  absent 
or  absconding  debtors ;  but  the  plaintiff  may  nevertheless 
proceed  against  the  agent  after  judgment,  as  befbne 
directed. 


554 


SUITS  AGAINST  EZEGUTOBS,  ETC.  [PABT  m. 


Ohap.  98.       31-    When  such  company  shall  havo  ceased  to  do  bnsi- 
Yrooetding^      °®®®  Within  the  Province,  or  sliall  have  no  agent  within 
wtwrepropeoty  the  Province,  or  such  cannot  be  discovered,  and  shall  have 
ao  noageD      property^  real  or  personal,  within  the  Province,  summons 
may  issue  on  affidavit,  and  attachment  may  be  sued  oat, 
and  the  subsequent  proceedings  shall  be  the  same  as  pro- 
vided herein,  in  the  case  of  absent  or  absconding  debtors. 
32.     Nothing  in   the  last  six  sections  contained  shall 
prevent  the  judgment  from  binding  the  property  of  th« 
company,  or  body  corporate,  or  from  being  levied  and 
enforced  by  execution,  or  otherwise  in  such  manner  as 
may  be  conformable  to  law  in  other  cases. 


Propertj,  how 
bonnd. 


Within  what 
time  executors, 
ko.  mav  bring 
action  for  inju- 
rlei  to  real  es- 
tate of  deceased, 


Within  what 
time  actions  of 
trespass,  Ac 
may  be  brought 
agamst  execu- 
tors, Ac,  for  in- 
juries done  by 
deceased. 


Actions  of  debt 
maintainable 
against  execu- 
tors, Ac. 

Legacies,  Ac 
recovered  by 
action  at  com- 
mon law. 


Besidnary  lega- 
tees may  sue 
their  co^xeon- 
tors. 


CHAPTER   98. 

OF  SUITS  AGAINST  EXECUTOBS,  ADMINISTRATORS,  AND  TBUSTEEB. 

1.  Actions  of  trespass,  or  trespass  on  the  case,  may  be 
maintained  by  executors  or  administrators  for  any  injury 
to  the  real  estate  of  the  deceased  committed  within  six 
months  previous  to  his  decease,  for  which  the  doceased 
might  havo  maintained  such  action  ;  provided  the  action  be 
brought  within  one  year  after  his  death. 

2.  Actions  of  trespass,  or  trespass  on  the  case,  may  be 
maintained  against  the  executors  or  administrators  of  a 
deceased  person,  for  any  injury  done  by  him  in  hia  life- 
time to  the  real  or  personal  property  of  another  ;  so  as  soch 
injury  shall  have  been  committed  within  six  months  before 
his  death  ;  and  so  as  such  action  shall  be  brought  within 
six  months  after  his  executors  or  administrators  shall  have 
undertaken  the  administration  of  his  estate. 

3.  An  action  of  debt  on  simple  contract  may  be  maia- 
tained  at  common  law  against  any  executor  or  administn- 
tor, 

4.  Every  legatee  may  recover  the  amount  and  value  of 
his  legacy,  annuity  or  bequest,  at  common  law,  from  the 
administrator  with  the  will  annexed,  or  executor,  either 
by  action  for  money  had  and  received  or  otherwise. 

5.  Any  executor  being  a  residuary  legatee  may  mail- 
tain  an  action  at  common  law  tor  money  had  and  received 
or  otherwise,  against  his  co-executor,  and  may  in  like 
manner  sue  for  and  recover  his  rateable  part  thereof;  tod 
any  other  residuary  legatee  shall  have  the  like  remtdf 
against  an  executor. 


.B  xxm.]   suns  against  EXEcnioBS,  etc.  565 

When  two  or  mord  persona  are  Darned  execntors  in  Chap.  98. 
ill  and  any  of  them  ahall  neglect  or  refuse  to  act,  and  ajeoutonn. 
bate  ahall  be  granted  to  the  other  or  others  of  tLem,  it  J^jJ^t^!^** 
.1  not  be  necessary  tu  name  the  execdtor  who  has  so  giutad,  D«d 
taec)  or  neglected,  in  any  action  or  suit  relating  to  the  ^LyMU  tt 
rfe. 

.     Executors,  adminiRtratura  and  trusteoa,  nnless  where  ^^^J^-  "<=■ 
>rwise  directed  by  the  will  or  other  iaatrunient  creating  ".mis  p^ 
trust,  are  hereby  authorized  to  iuveut  money  and  fnnda  jJj^'^T^" 
heir  hands,  or  under  their  control,  in  the  aavingsbank, 
to  provincial  debentures;  and  the  production  of  such 
rincial  debeutnreB,  or  other  evidences  of  money  so  in- 
ted  and  deposited,  ehall  be  held  equivalent  to  the  pro- 
tion  of  the  amount  of  mooey  actually  paid  by  any  such 
enter,  administor,  or  trustee. 

.  Upon  the  petition  of  any  trustee  appointed  by  deed,  J^JJ^SSToS" 
•f  any  executor  appointed  a  trustee  by  any  last  will,  tnuieei,fte, 
ng  his  discharge  from  the  trust  ur  executorship,  a  judge 
be  Supremo  Court  may  direct  auch  preliminary  inquiry, 
with  encb  notices  to  parties  interested  aa  he  shall 
k  fit,  as  to  the  terms  upon  which  (he  resignation  of 
1  trustee  or  executor  should  be  accepted ;  and  the 
reme  Court  or  any  two   judges  thereof  may  thereafter 

I  such  order  for  the  discharge  of  auch  tniatoo  or  exe- 
>r,  as  a  due  regard  to  his  wishes  and  intercat,  aud  to 

righta  and  interests  of  the  persons  interested  in  the 
CDtion  of  the  trust  may  require. 

A  petition  may  be  presented  in  like  manner,  by  any  Reino™io( 
ton  interested  in  the  execution  of  a  trust,  asking  for  '"*"•  *^ 
removal  of  any  trustee  or  executor,  and  a  like  inquiry 
'  be  therenpon  had,  and  such  order  passed  by  the 
ireme  Court,  or  tiny  two  judges  thereof,  na  a  due  regard 
be  rights  and  intorests  of  the  trustee  or  executor,  and 
he  parties  intoreated  in  the  execution  of  the  trust,  may 
Dire. 

0.  The    Supreme   Court,  or  any  two  judges   thereof,  Ai.i«tow«itof 

II  have  full  power  to  appoint  a  new  trustee  in  place  of"" 
oatee  or  executor  ao  discharged  or  removed,  or  of  any 
itee  removed  from  the  jurisdiction  of  the  Court,  or  in 
(of  the  death,  unfitness  or  incapacity  of  a  trustee,  and 

Q  such  teruis  as  to  security  for  the  due  execution  of 
trust  as  shall  be  ileenied  necessary ;  and  when,  in 
lequcnce  of  such  resignation  or  removal,  there  shall 
lo  acting  trustee,  the  Court,  or  any  two  judgea  thereof, 
leir  discretion,  may  appoint  new  trustees,  or  cause  the 
t  to  be  executed  by  one  of  the  olScera  of  the  Court 
Br  their  direction. 

1,  The  Court  may  direct  the  costs  of  any  proceedings  Oiwu.iunr^M  . 
it  the  three  last  sections  to  be  taxed  aod  paid  oat  of  *°' 

trnat  fauda.  or  otherwise,  as  they  ahall  think  proper. 


556 
Chap.  99. 


LIBERTT   OF    THE  SUBJECT. 


[PART  m. 


CHAPTER  99. 


OerUin  acta  of 
Imperial  puliar 
mentto  have 
force  in  this 
province. 


Judges  of  su- 
preme court 
aame  power  aa 
iudffes  in  Eng- 


Rights,  kc,  oon 
ferred  on  inha- 
bitants of  this 
province. 


First  section 
not  to  take 
away  common 
law  right  to 
kibeis  corpus. 


Supreme  court 
to  apply  equit- 
able piuictples. 


Habeas  corpus 
may  be  granted 
by  supreme 
court  or  a  judge 
thereof: 


Who  may  ^ve 
mleor  order 
instead  of  writ. 


OF  SECURING  THE  LTBERTT    OF    THE  SUBJECT. 

1.  The  act  of  the  imperial  parliameDt,  passed  in  the 
thirty-first  year  of  the  reign  of  King  Charles  the  second, 
entitled  "  An  Act  for  the  better  securing  the  Liberty  of 
the  Subject  and  for  the  prevention  of  Imprisonment  b^ 
yond  the  Seas/'  and  the  act  of  the  imperial  parliatrient, 
passed  in  the  fifty-sixth  year  of  the  reign  of  King  Oeorge 
the  third,  entitled  "  An  Act  for  more  effectnally  secariiii 
the  Liberty  of  the  Subject/'  and  all  acts  of  the  imperal 
parliament  passed  in  addition  to,  or  amendment  of,  oroi 
the  same  subject  as  the  said  recited  acts,  or  either  of 
them,  shall  have  full  force  and  eflfect  in  this  Province  il 
far  as  the  same  are  applicable  therein ;  and  the  Snpreme 
Court  and  the  Judges  thereof  have  the  same  authority 
and  pow6r  over  cases  within  the  purview  of  such  acb 
here  as  the  courts  mentioned  in  such  acts  and  the 
judges  thereof  have  in  England  ;  and  the  rights  and 
remedies,  and  the  obligations,  punishments  and  penaltiei 
conferred  and  imposed  by  the  said  statutes,  or  either  of 
them,  are  conferred  and  imposed  upon  and  made  applicable 
to  persons  within  this  Province,  as  fully  as  if  such  actt 
were  re-onacted  and  specially  extended  to  the  courts, 
judges,  officers,  and  persons  within  this  Province. 

2.  The  preceding  enactment  shall  not  be  construed  to 
abrogate  or  abridge  the  remedy  by  the  writ  of  Habeai 
Corpus  at  common  law,  but  the  same  exists  in  full  force, 
and  is  the  undoubted  right  of  the  people  of  this  ProviDce; 
and  in  all  motions  and  proceedings  on  writs  of  Habeas 
Corpus^  where  parties  are  charged  on  preliminary  srrert 
with  criminal  offences,  or  where  the  care  and  custody  of 
infant  children  are  concerned,  the  judges  of  the  Supreme 
Court  shall  deal  therewith  according  to  the  principles  of 
equitable  jurisprudence  and  the  exigencies  of  the  case. 

3.  The  writ  of  Habeas  GorpuSj  whether  under  statnte 
or  common  law,  may  be  applied  for  to  and  be  granted  bf 
a  judge  of  the  Snpreme  Court,  returnable  before  himself 
or  returnable  before  the  Court,  and  may  be  applied  for  to 
and  may  be  granted  by  the  Court,  returnable  to  itself  er 
to  a  judge  at  Chambers  in  vacation.  And  where  it  wdM 
be  attended  with  unnecessary  delay,  expense  or  iaoo# 
venience  to  bring  in  the  body  of  a  party  illegally  reistraiW^ 
of  his  liberty  before  the  Court  or  judge,  the  Ooarfe  or  fi^f 
judge  of  the  Snpreme  Court,  upon  saffioient  oaose  shf^tti 

or  by  or  on  behalf  of  any  persoa  ooofined  in  t^f  jtM  fl* 


: 


E  XXm.]  UBBBTt  or  SOBjaCTF.  657 

30,  may,  in  tbeir  diacretioo,  and  the;  are  hereby  om-  Crap.  99. 

ered,  (instead  of  granting  fiat  for  a  wiit  of  habeat  corpus 

causd  rcqairing  the  keeper  of  such  jail  or  prisou  to 
g  the  priBoner  before  the  Court  or  a  judge  in  order 
the  legality  of  each  imprisonnaeat  may  be  inquired 
and  discharge,  bailmeut  or  recommitment  had  thereon,) 
ule  of  the  Court,  or  by  order  of  the  jidge  in  writing, 
ed  by  him  with  hig  name,  addition  of  office,  and  place 
eeidence,  to  require  and  direct  snch  keeper  to  return 
la  Court  or  to  the  judge  whether  or  not  such  peraon  is 
iaed  in  prison,  together  with  the  day  and  cause  of  his 
Dg  been  taken  and  detained. 

It  shall  be  the  duly  of  each  keeper  immediately  ^?r"  "™** 
a  tbe  receipt  of  such  rule  or  order  to  make  a  true  and  uiptur'S^,' 
return  in  writing  to  the  Court,  or  to  such  judge,  ot  the 
and  cause  of  such  taking  and  detention  to  the  same 
:t  as  a  return  to  a  writ  of  Habeas  Corpus  would  now 
nade;  such  return  always   to  include  a  copy  of  the 
;eaa,  warrant  or  order,  upon  which  the  said  prisoner  is 
,  where  tbe  same  is  of  a  criminal  nature,  or  upon  any 
mary  complaint  or  conviction  before  any  justice  ot  the 
56  ;  and  such  judge  may  enforce  obedience   to  such  fjf,^''- ■"■"  "  ' 
ir  by  process  of  contempt,  in  the  same  manner  as  he 
compel  proper  return  to  be  made  to  a  writ  of  Haieaa 
pus. 

Upon  return  to  such  order,  tbe  Court  or  judge  may  Proonedinp  »f - 
reed  to  examine  into  and  decide  upon  the  legality  oftSiT*""* 
imprisonment,  and  make  snch  order,  require  such  veri- 
ioD,  and  direct  such  notices  or  further  returns  in 
eot  thereof  as  may  be  deemed  necessary  or  proper  for 
porpose  of  jnstice;  and  may  by  rule  of  Conrt  or  by 
tr  in  writing  eigned  Ji3  iihiresaid,  require  the  immediate 
harge  from  prison,  or  may  direct  the  bailment,  of  such 
tmer  in  such  manner  and  for  such  purpose  and  with 
like  effect  and  proceeding  as  is  now  allowed  npon 
eof  Corpus;  such  bail  when  ordered,  to  be  entered 
before  any  justice  of  the  peace,  specially  named  in 
I  order,  or  any  justice  of  tbe  county  or  place  where 
a  is  DO  such  nomination, 

It  shall  be  the  duty  ot  such  keeper  immediately  upon  ^™'["'°^I^ 
receipt  of  any  rule  of  Court  or  order  of  a  judge  in  rela- to  priKuiar  ami 
to  a  prisoner  in  custody,  to  communicate  the  same  to '"""^  °°'^' 
I  prisoner   and   to   givo   him   a  true  copy   thereof  if 
soded,  and  to  obey  tlio  requirement  of  the  same. 

Id  all  cases,  whether  under  statute,  or  at  common  tJ""" 'wj"^ 
or  under  the  provigiona  of  this  Chapter,  it  shall  be  du%on'of^j^ 
nlior  theCourtorajudga  to  require  the  production  of  JSJ^Sfl^^i 
loh  proceedings,  documents  and  papers  relating  to  the  ^l^^l^j^,^ 
er    in  q^aestion,  before  whomsoever    and  in    whose 


558  LIBERTY  OP   SUBJECT.  [PABT  IH. 

Chap.  99.   possessioD  soeyer, as  to  the  Court  or  jndge  may  appear  neces- 
"sary  for  the  elucidation  of  the  truth,  and  may  also  examine 
into  the  truth  of  the  return  to  any  writ  of  habeas  corpua,  or 
rule  or  order  granted  under  this  Chapter,  in  the  same  man- 
ner as  such  examination  is  provided  for  in  cases  under  the 
before   mentioned   act  of  parliament,  passed  in  the  fifty- 
sixth  year  of  the  reign  of  King  George  the  Third. 
^iSoBpm^      8.     Every  wilful  neglect  or  disobedience  of  a  rule  of 
uhedasaooo-   Court,  or  the  Order  of  a  judge  in  relation  to  a  prisiiner, 
^^^^^  shall  be  punishable  by  fine  and  imprisonment,  or  either,  at 

the  discretion  of  the  Court,  as  for  a  contempt. 
Betarnmaybe       9.     The  matter  of  the  return  made  to  the  order  of  a 
^SjSdgi'!'^  judge  may  be  hoard  and  decided  on  by  any  other  judge  of 
the  Supreme  Court ;  who  shall  have  the  same  power  and 
jurisdiction  in  respect  thereof  as  the  judge  by  whom  the 
first  order  was  made. 
Order  not  to  10.     No  Order  made  under  this  Chapter  shall  require  or 

SSSmrgr^/  ^  enable  the  keeper  of  any  jail  or  prison  to  discharge  the 
other  matter,     prisoner  from  any  commitment  or  charge  other  than  that 
specified  in  such  order,  but  it  shall  be  the  duty  of  such 
^  keeper  in  every  return  to  specify  the  several  causes  of 

commitment  and  detention,  if  more  than  one ;  and  if  be- 
tooMt  of  other ^^QQQ  the  time  of  making  the  return   and  receiving  an 
order  for  the  discharge  or  bailment,  any  other  warrant,  pro- 
cess or  order,  shall  have  been  delivered  to  him,  requiring 
the  detention  of  the  prisoner  upon  any  charge  of  a  crimi- 
nal nature,   or    aaramary  complaint   or  conviction,  such 
keeper  shall  without  any  further  order  make   and  trausmit 
to  the  Court  or  a  judge  an  additional  return,  with  a  copy 
of  such  warrant,  process  or  order,  and  the  time  of  receiv- 
ing the  same,  which  may  be  dealt  with  by  the  Court  or 
judge  as  if  made  pursuant  to  an   order  for  that  purpose 
xothinp  herein  granted.     Provided  that  no  person  who  may  have  been 
^niedVof  ^^rty  falscly  imprisoned  shall  be  deprived  or  restrained  from  his 
priwDed^"*        remedy  by  civil  suit  against  any  person  who  may  have  ille- 
ordcrof  exemp- 8^'b'  causcd  such  imprisonment;  but  the  Court  or  judge 
tionof  keeper,    by  whom  relief  may  be  afibrded  may  by  order  exempt  any 
such  keeper  of  a  jail  from  civil  suit  who  may  appear  to 
him  to  have  acted  upon  the  warrant  or  order  of  any  jndze 
or  justice,  according  to  the  requirements  of  the  same  with- 
out malice  or  evil  intent,  although  such  warrant  or  order 
may  be  bad  in  form  or  substance  ;  and  any  such  order  of 
exemption  may  be  pleaded  in  bar  to  any  action  broujM 
against  such  keeper  or  notice  given  thereof  as  an  addi- 
tional ground  of  defence  under  any  act  of  this  Province  iB 
such  case  made  and  provided. 
Nottodonfliot         11.     Nothing  herein  contained  shall  be  oonstrued  to  oott' 
with  canadA      travouo  or  conflict  with  any  legislation  (intra  vires)  of  th* 
Parliament  of  Canada. 


,B    XXin.]  LIMITATION   OF   ACnONS. 


CHAPTER  100. 

OP  THE  LIHITATION  OF    ACTIONS. 


No  action  of  asBnmpnit,  trespass  quare  dauaun  /regit,  ^'*^^^ 
Dae,  trover,  replevin,  debt  groiioded  upon  any  lending  bnagbtwiibiB 
ontract  witfaoat  epecittlty,  or  for  rent,  account,  or  upon  •'*y*^ 
case,  shall  be  brought  but  withiu  six  years  next  after 
cause  of  action. 

Id  any  action  grounded  upon  simple  contract,  QoApromiHto 
]owIedgment  or  promise,  by  words  only,  shall  be  Jl^o^ nSmS' 
ned  sufficient  evidence  of  a  new  or  continning  con- Jl'ff***'"'^ 
t,  whereby  to  take  imy  case  out  of  the  operation  of 
preceding  section,  or  to  deprive  any  party  of  the 
afit  thereof,  unless  such  acknowledgment  or  promise 
I  be  in  some  writiDe  signed  by  the  party  cliargeablo 
eby,  or  h\a  iigent  duly  authorized  to  make  such  acknow- 
;ment  or  promise;  and  where  there  shall  be  two  or  ^JJ^'jjJ'JJ. 
e  joint  contractors  or  executors  or  administrators  of  "«inwrt,*a 
Buch  contractor,  no  such  joint  contractor,  executor  or 
iuifltrator,  sbQll  lose  tho  benefit  of  the  preceding  seo- 
by  reason  only  of  any  written  acknowledgment  or 
aise  made  or  signed  by  any  other  of  tliem,  or  by  the 
it  of  any  other  of  them.  Bnt  nothing  herein  con- 
ed ehall  alter  or  take  away,  or  lessen  the  effect  of  any 
ment  of  any  principal  or  interest  made  by  any  person 
msoever;  and  in  any  action  to  be  commenced  against 
or  more  joint  contractors,  or  executors  or  administra- 
,if  it  shai)  appear  at  the  trial  or  otherwise  that  the 
otiff  though  barred  by  this  provision  as  to  one  or  mors 
och  joint  contractors,  or  executors  or  administrators, 
I  nevertheless  be  entitled  to  recover  against  any  other  of 
defendants,  by  virtue  ot  a  new  acknowledgment  or 
nise  or  otherwise,  judgment  may  bo  given  and  coats 
ved  for  the  piaiuliif,  as  to  such  defendant agaiust  whom 
hall  recover,  ami  for  the  other  defendants  against  the 
atiff. 

If  any   defenthiiit  in  an  action  on  any  simple  con^  ^"> ™  p^" '■ 
t,  shall  plead  any  matter  in  abatement,  to  t}ie  effect  non-Minder  un- 
aoy  other  perwon  ctuglit  to  be  jointly  sued,  and  issue  S^'.fawS*'*"' 
QJned  on  that  plea ;  and  it  sliall  appear  at  the  trial,  that 
action  could  nut  hy  reason  of  this  Chapter  be  main- 
ed  against  the  othar  person  named  in  such  plea,  the 
8  joined  in  such  plua  shall  be  found  against  the  party 
ding  the  same. 

No  endorsement  or  memorandum  of  any  payment,  ^^SSSTSt" 
ten  or  made  upon  any  prumissojy  note,  bill  of  exchange  eridZiPs. 


560 


LIMITATION  OF  ACTIOISB. 


[PART  m. 


Chap.  100. 


Bel-offdne  ob 
■Imple  contract 
within  stetnte. 


Promim  after 
foil  age  to  pny 
debt  oontraicted 
daring  infancy 
muttbein  wri- 
ting. 


Limitation  of 
action  ■  of  ao- 
n>ant»  Ao. 


Aotinns  which 
require  to  bfs 
brought  within 
«me  year. 


Actions  against 
niinors,  &c., 
within  what 
time  to  be 
brought. 

Actions  against 
persons  out  of 
pn>vinco. 


CaiH;  of  joint 
del>tor8. 


or  other  writing,  by  or  on  behalf  of  the  party  to  whom 
such  payment  shall  be  made,  shall  be  deemed  sufficient 
prooi  of  such  payment,  so  as  to  take  the  case  out  of  the 
operation  of  this  Chapter. 

5.  This  Chapter  shall  apply  to  the  case  of  any  debt  on 
simple  contract,  alleged  by  way  of  set  off  on  the  part  of 
any  defendant,  either  by  plea,  notice  or  otherwise. 

6.  No  action  shall  be  maintained  whereby  to  charge 
any  person  upon  any  promise,  made  after  full  age,  to  pay 
any  debt  contracted  during  infancy,  or  upon  any  ratinca- 
tion  after  full  ago,  of  any  promise  or  simple  contract  made 
during  infancy,  unless  such  promise  or  ratification  shall  be 
made  by  some  writing  signed  by  the  party  to  be  charged 
therewith,  or  his  agent  duly  authorized  to  make  such 
promise  or  ratification. 

7.  All  actions  of  account,  or  for  not  accounting,  and 
suits  for  such  accounts  as  concern  the  trade  of  merchan- 
dize between  merchant  and  merchant,  their  factors  or 
servants,  shall  be  commenced  and  sued  within  six  years 
after  the  causes  ot  such  actions  or  suits ;  and  no  claim  in 
respect  of  a  matter  which  arose  more  than  six  years  before 
the  commencement  of  any  such  action  or  suit,  shall  be  en* 
forceable  by  action  or  suit  by  reason  only  of  some  other 
matter  of  claim  comprised  in  the  same  account  having 
arisen  within  six  years  next  before  the  commencement  of 
such  action  or  suit. 

8.  No  action  of  trespass  for  assault,  battery,  wounding 
or  imprisonment,  and  no  action  on  the  case  for  words,  ana 
no  action  or  prosecution  for  taking  illegal  interest,  shall  be 
commenced  but  within  one  year  next  after  the  cause  of 
action,  or  after  the  offence  committed. 

9.  Actions  by  or  against  minors,  married  women  or 
persons  insane,  may  bo  commenced  within  the  like  period 
after  the  removal  of  the  disability,  as  is  allowed  for  bring- 
ing the  action  in  ordinary  cases. 

10.  Actions  against  persons  out  of  the  Province  may 
be  commenced  within  the  like  period  after  the  return  of 
such  persons  as  is  allowed  for  bringing  the  action  in  ordi- 
nary cases :  Provided  that  where  the  cause  of  action  or 
suit  lies  against  two  or  more  joint  debtors,  the  person  who 
shall  be  entitled  to  the  same  shall  not  be  entitled  to  any 
time  within  which  to  commence  and  sue  any  such  action  or 
suit  against  any  one  or  more  of  such  joint  debtors  wbo 
shall  not  be  out  of  the  Province  at  the  time  such  caaaeof 
action  or  suit  accrued,  by  reason  only  that  some  other  oai 
or  more  of  such  joint  debtors  was  or  were  at  the  tiM 
such  cause  of  action  accrued,  out  of  the  Province;  and 
such  person  so  entitled,  as  aforesaid,  shall  not  be  baned 
from  commencing  and  prosecuting  any  iction  or  saitBgaiiiit 


s  zzm.]         LDHTATion  0?  Acnoira.  S61 

oint  debtor  or  joint  debtors  who  was  or  were  out  of  Chap.  100. 

*rovince  at  the  time  the  cause  of  actioo  or  sait  Kccnrad, 

'  his  or  their  return  into  the  Province,  by  reason  only 

jadgment  was  already  recovered  against  any  one  or 

] of  BDch  joint  debtors  who  waanotor  werenotoutof  the 

■JDce  at  the  time  aforesaid. 

.     If  in  any  action  judgment  be  given  for  the  plaintiff,  ^"™J,''^"'* 

the  same  be  reversed  by  error,  or  if  judgmeat  bej^uulm^ 

»ted  after  verdict,  then   the  plaintiff  may  commence  a^jjl^f"""*^ 

action  within  one  year  after  such  judgment  reversed 

rrested. 


!.     No  person  shall  make  an  entry  or  distress,  or  bring  Limimcioii  oi 
ctioD  to  recover  any  land  or  rent,  but  within  twenty  Ji^^'Ji^^'iJ^' 
e  next  after  the  time  at  which  the  right  to  make  snch^^J{™g°|^^ 
y  or  distress  or  to  bring  such  action  shall   have  first  >>i><i- 
ned  to  some   person   through  whom  he  claims,  or  if 
I  right  shall  not  have  accrued  to  any  person  through 
m  he  claims,  then  within  twenty  years  next  after  the 
at  which  the  right  to  make  such  entry  or  distreae  or 
-ing  such  action  shall  have  first  accrued  to  the  person 
ing  or  bringing  the  same. 

'.     In  the  constrnction  of  this  Chapter  the  right  to  BigucofutioB 
3  an  entry  or  distress,  or  bring  an  action  to  recover  ^3.*^'* 
laud  or  rent,  shall  be  deemed  to  have  first  accrned  at 
I  time  as  hereinafter  is  mentioned,  (that  is  to  say); — oodbpom- 
a  the  person  claiming  such  land  or  rent,  or  some  per-''™' 
through  whom  he  claims,  shall,  iti  respect  of  the  estate 
iterest  claimed,  have  been  in  possession  or  in  receipt 
16  profits  of  such  land,  or  in  receipt  of  such  rent,  and 
,  while  entitled  thereto,  have  been  dispossessed,  or 
t  disoontinned  euch   possession  or  receipt,  then  such 
t  shall  be  deemed  to  nave  first  accrued  at  the  time  of 
I  diapoMflssion  or  discontinuance  ot  possession,  or  at 
lut  tima  at  whioh  any  snch  profits  or  rent  were  or  was 
MSivcdT  when  the  person  claiming  such  land  or  rentondnth. 
ti«lMin'tiie  estate  or  interest  of  some  deceased  person 
'  ifaaH  .have  continued  in  such  possession  or  receipt  in 
ect  of  the  Sitme  estate  or  interest  until  the  time  of  his 
b,  and  shall  have  been  the  last  person  entitled  to  each 
te  or  interest  who  shall  have  been  in  snch  possession 
soeipt,  then  such   right  shall  be  deemed  to  have  first 
tied  at   the  time  of  such  death :  when  the  person  a 
ning  such  lands  or  rent  shall  claim  io  respect  of  an 
to  or  interest  in  possession   granted,  appointed,   or 
irwise  assured  by  any  instrnment  (other  than  a  will) 
in^  or  Bome  person  through  whom  he  claims,'  by  a  peiv 


562  LIIUTATION  OF  ACTIOZTS.  [PABT  m. 

Chap.  100.  son  being  in  respect  of  the  same  estate,  or  interest  in  the 

possession  or  receipt  of  the  profits  of  the  land,  or  in  receipt 

of  the  rent,  and  no  person  entitled  nnder  sach  instmrnent 
shall  have  been  in  such  possession  or  receipt,  then  such 
right  shall  be  deemed  to  have  first  accrued  at  the  time  at 
which  the  person  claiming  as  aforesaid,  or  the  person 
through  whom  he  claims  became  entitled  to  such  possession 
BeTenioiuuT  or  receipt  by  virtue  of  such  instrument :  when  the  estate 
Interest.  ^^  interest  claimed  shall  have  been  an  estate  or  interest  in 

reversion  or  remainder,  or  other  future  estate  or  interest, 
and  no  person  shall  have  obtained  the  possession  or  the 
receipt  of  the  profits  of  such  land  or  the  receipt  of  sacfa 
rent  in  respect  of  such  estate  or  interest,  then  such  right 
shall  be  deemed  to  have  first  accrued  at  the  time  at  which 
such  estate  or  interest  became  an  estate  and  interest  in 
Forfeitare  or     possessiou ;  and  wheu  the  person  claiming  such  land  or 
^*;^°' ~"^' rent,  or  the  person  through  whom  he  claims  shteU  have 
become  entitled  by  reason  of  any  forfeiture  or  breach  of 
condition,  then  such  right  shall  be  deemed  to  have  first 
accrued  when  such  forfeiture  was  incurred  or  such  con- 
dition was  broken. 
Right  when  tint     14.     When  any  person  shall  be  in  possession  or  in  receipt 
teSS?!i?iSr   of  the  profits  of  any  land,  or  in  receipt  of  any  rent  as 
tenant  at  will,  the   right  of  the  person  entitled  sobject 
thereto,  or  the  person  through  whom  he  claims,  to  make 
an  entry  or  distress  or  bring  an  action  to  recover  such 
land  or  rent,  shall  be  deemed  to  have  first  accrued  either 
at  the  determination  of  such  tenancy  or  at  the  expiration 
of  one  year  next  after  the  commencement  of  such  tenancy, 
at  which   time  such   tenancy  shall   be  deemed   to  have 
determined.     Provided  always,  that  no  mortgagor  or  cestui 
que  traat  shall  be  deemed  to  be  a  tenant  at  will,  within  the 
meaning  of  this  Section,  to  his  mortgagee  or  trustee. 
In  case  of  tenant      15.     When  any  porsou  shall  be  in  possession  or  receipt 
from  year  to      ^f  ^^  profits  ot  any  land  or  in  receipt  of  any  rent,  as 
tenant  from  year  to  year  or  other  period,  without  any  lease 
in  writing,  the  right  of  the  person  entitled  subject  thereto, 
or  of  the  person  through  whom  he  claims,  to  make  an  eotij 
or  distress  or  to  bring  an  action  to  recover  such  land  or 
rent,  shall  be  deemed  to  have  first  accrued  at  the  determi* 
nation  of  the  first  of  such  years  or  other  periods,  or  at  the 
last  time  when  any  rent  payable  in  respect  of  such  tenaoo/ 
shall  have  been  received  (which  shall  last  happen). 
Mere  entry  not       16.    No  porsou  shall  be  deemed  to  have  been  in  posses- 
sion?   **^*"*^  sion  of  any  land   within   the  meaning  of   this  Gbaptor 

merely  by  reason  of  having  made  an  entry  thereon. 
o^tinuflior  17.     No  Continual  or  other  claim,  upon  or  near  aajrlaodi 

%praien?iight  shall  preserve  any  right  of  making  an  entry  or  diatrasa^  tf 
f  entry,  *o.     ^f  bringing  an  action. 


TITLB  ZZm.]  LDOTATION  OF  iCTIONS.  563 

18.    When  an^,  or  more,  of  several  persona  entitled  to  Chap.  100. 
any  land  or  rent  as  co-parcenerB,  joint  tenants,  or  tenants  ^ 


ID   common,  sbnll  have  been  in  possesBion  or  receipt  of™* 

the  entirety  or  more  than  his  or  their  unjJivided  share  orp^^euiuBiirtnt 

sharea  of  snch  lands  or  of  the  profits  thereof,  or  of  such  """^ 

rent,  for  his  or  their  own  benefit,  or  for  the  benefit  of  any 

person  or  persons  other  than  ttie  person  or  persons  entitled 

to  the  other  share  or  shares  ot  the  same  land  or  rent,  snch 

possession  or  receipt  shall  not  be  doomed  to  hare  been  the 

possession  or  receipt  of  or  by  such  last  mentioned  person 

or  persons  or  of  any  of  them. 

19.  When  any  acknowledgment  of  the  title  of  the  per- AoknowMg- 
80D  entitled  to  any  land  or  rent  shall  have  been  given  to  j|!^"MpewD' 
him  or  hi«  agent  in  writing,  signed  by  the  person  in  pos-  uJiJt^^  £«  **'' 
session  or  in  receipt  of  the  profits  of  such  land,  or  in  receipt  fj^'™'™"" 
of  such  rent,  then  such  possession  or  receipt  of  or  by  the  arroMiptor 
person  by  whom  such  acknowledgment   shall  have  been""' 

SVen,  shall  be  deemed,  according  to  the  meaning  of  this 
hapter,  to  have  been  the  possession  or  receipt  of  or  by 
the  person  to  whom  or  to  whose  agent  such  acknowledg- 
ment etiall  have  been  given,  at  the  time  of  giving  the  same;  "^ 
ftXkd  the  right  of  snch  last  mentioned  person  or  any  person 
claiming  through  him,  to  make  an  entry  or  dtatross  or  bring 
an  action  to  recover  such  land  or  rent  shall  be  deemed  to 
have  first  accrued  at  and  not  before  the  time  at  which  snoh 
aoknowledgment,  or  the  last  of  such  acknowledgments  if 
more  than  one,  was  given. 

20.  If  at  the  time  at  which  the  right  of  any  person  to  PenoniiindH 
make  an  entry  or  distress  or  bring  an  action  to  recover  any  (K^J'S-^sr^' 
laod  or  rent  shall  have  first  accrued  as  aforesaid,  such  per- 1^^,^^!" 
•OD  shall  have  been  under  any  of  the  disabilities  herein- t^''°'-i'*'t^i'^- 
after  mentioned,  [that  is  to  say,)  infaucy,  coverture,  idiot- 

cy,  lunacy,  unsoundnees  of  minj,  or  absence  from  the  Pro- 
Tince,  llien  auch  person,  or  the  persons  claiming  through 
him,  may,  nothwithslauding  the  period  of  twenty  years 
hereinbefore  limited  shall  have  expired,  make  an  entry  or 
distress  or  bring  nn  action  to  recover  snch  land  or  rent  at 
any  time  within  ten  years  next  after  the  time  at  which  the 
person  to  whom  such  right  shall  first  have  accrued  as  afore- 
nid  shall  have  ceased  to  bo  under  any  such  disability,  or 
shall  have  died  (vvliich  shall  have  first  happened). 

21.  No  entry,  distress,  or  action  shall  be  made  or  brought  ko uthm.  ao., 
by  any  person  who,  at  the  time  at  which  his  right  to  make  ^^»^w> 
an  entry  or  distresn,  or  to  bring  an  action  to  recover  anyj^^'*"*°" 
land  or  rent  shall  have  first  accrued,  shall  be  under  any  of 

the  disabilities  hereinbefore  mentioned,  or  by  any  person 

claiminir  through  him,  but  within  forty  years  next  after  tha 

""ch  right  shall  have  first  aocrned  ;  althnagb 

r  disability  at  each  time  may  have  remained 


564 


LIMITATION  OF  ACTIONS. 


[PABT  m. 


Chap.  100. 


Mortgages  and 
legacies  deemed 
SHtUfled  at  end 
of  twenty  years, 
if  no  interest  be 
paid  or  acknovr- 
ledgnaent  in  wri- 
ting in  the  mean- 
time. 


No  arrears  of 
dower  recover- 
able after  six 
years. 


Vo  arrears  of 
rent  or  interest 
to  be  recovwred 
after  hix  years. 


Limitation  uf 
time  for  com- 
moncement  of 
particular  ac- 
tions. 


Actions  of  de- 
mise, I  r  lionds, 
Ac. 


Eor  damagee. 
Other  aHIom  . 


under  one  or  more  of  such  diaabilities  daring  the  whole  of 
such  forty  years,  or  although  the  term  of  ten  years  from 
the  time  at  which  he  shall  have  ceased  to  be  under  any  such 
disability,  or  have  died,  shall  not  have  expired. 

22.  No  action  or  suit  or  other  proceeding  shall  be 
brought  to  recover  any  sum  of  money  secured  by  any 
mortgage,  judgment,  or  lien,  or  otherwise  charged  upon  or 
payable  out  of  any  land  or  rent,  at  law  or  in  equity,  or  any 
legacy,  but  within  twenty  years  next  after  a  present  right 
to  receive  the  same  shall  have  accrued  to  some  person 
capable  of  giving  a  discharge  for  or  release  of  the  same; 
unless  in  the  meantime  some  part  of  the  principal  money, 
or  some  interest  thereon  shall  have  been  paid,  or  some 
acknowledgment  of  the  right  thereto  shall  have  been  given 
in  writing,  signed  by  the  person  by  whom  the  same  shall 
be  payable,  or  his  agent,  to  the  person  entitled  thereto,  or 
his  agent ;  and  in  such  case  no  such  action  or  suit  or  pro- 
ceeding shall  be  brought  but  within  twenty  years  after 
such  payment  or  acknowledgment,  or  the  last  of  such  pay- 
ments or  acknowledgments,  if  more  than  one  was  given. 

23.  No  arrears  of  dower  nor  any  damages  on  account 
of  such  arrears  shall  be  recovered  or  obtained  by  any 
action  or  suit  for  a  longer  period  than  six  years  next  before 
the  commencement  of  such  action  or  suit. 

24.  No  arrears  of  rent  or  of  interest  in  respect  of 
any  sum  of  money  charged  upon  or  payable  out  of  any 
land  or  rent,  or  in  respect  of  any  legacy,  or  of  any 
damages  in  respect  of  such  arrears  of  rent  or  interest, 
shall  be  recovered  by  any  distress,  action  or  suit  but 
within  six  years  next  after  the  same  respectively  shall 
have  become  due,  or  next  after  an  acknowledgment  of  the 
same  in  writing  shall  have  been  given  to  the  person  enti- 
tled thereto,  or  his  agent,  signed  by  the  person  by  whom 
the  same  was  payable,  or  his  agent. 

25.  All  actions  for  rent  upon  an  indenture  of  demise, 
all  actions  upon  any  bond  or  other  specialty,  and  all  actions 
of  scire  facias  upon  any  recognizance,  or  actions  for  an 
escape,  or  for  money  levied  on  any  execution,  and  all  ac- 
tions for  penalties,  damages,  or  sums  of  money  given  to 
the  party  grieved,  by  any  statute  now  or  hereafter  to  be 
in  force,  shall  be  commenced  and  sued  within  the  time  and 
limitation  hereinafter  expressed,  and  not  after:  that  is  to 
say,  the  said  actions  for  rent  upon  an  indenture  ot  demisei 
or  upon  any  bond  or  other  specialty,  actions  of  seire/aMi 
upon  recognizance  before  the  seventh  day  of  Hay,  A.  !)• 
1876,  or  within  twenty  years  after  the  cause  of  such  actioM 
or  suits,  but  not  after ;  the  said  actions  by  the  pwtf 
grieved,  within  two  years  after  the  cause  ot  such  aotiofli 
or  suits,  but  not  after ;  and  the  said  other  actions  wttbiB    , 


TITLB  XZni.]  LniTATIOir  OF  ACTIONS.  665 

six  yean  after  the  cause  of  bqcIi  actions  or  suits,  bat  not  Ohaf,  100. 
after:  provided  that  nothiog  herein  cootained  shall  extend  ju«ion, under 
to  any  action  giveo  by  any   etatate   where   the  tima  for  pj"'™'»^"Jj^ 
brioging  saoh  action  is  or  shall  be  by  any  statnto  specially 
limitfld. 

26.  If  any  person  who  is  or  shall  be  entitled  to  any  timintion  in 
sach  actioD  or  suit,  or  to  such  scire  /adaa,  is  or  shall  be  ilJ^^y.'™?^' 
at  the  lime  of  any  such  cause  of  action  accrued  within  the  JI^j'Si^^JST 
age  of  twenty-one  years, /eme  coucrt,  non  compos  meniia, 

or  out  of  the  Proviuce,  then  snch  person  shall  be  at  liberty 
to  bring  the  same  action,  so  as  anch  person  commences  the 
same  within  such  time  after  his  or  her  coming  to  or  being 
of  full  age,  discovert,  of  sound  memory,  or  returned  to 
the  Province,  as  other  persons  having  no  such  impediment 
shoald  according  to  toe  provisions  of  this  Chapter  have 
done;  and  if  any  person  agninst  whom  there  shall  be  any 
■nch  cause  of  action,  is  or  sijall  be  at  the  time  snch  cause 
of  action  accrued,  out  of  the  Provioae,  then  tlie  person 
eotitled  to  any  such  cause  of  action  shall  be  at  liberty  to 
bring  the  same  against  such  person  within  such  times  as 
are  before  limited  after  the  return  of  such  person  into  the 
Province. 

27.  If  any  acknowledgment  shall  have  been  made  either  wntunacksim- 
by  writing  signed  by  the  party  liable  by  virtue  of  such  ^,^,'°"*" 
IMenture,  specialty,  or  recagnizance,  or  his  agent,  or  by 

part  payment,  or  part  satisfaction  on  account  of  any  prin- 
dpal  or  interest  being  then  due  thereon,  it  shall  and  may 
be  lawful  for  the  person  entitled  to  such  action  to  bring 
bit  action  for  the  money  remaining  unpaid,  and  ao  acknow- 
ledged to  be  due,  within  twenty  years  after  such  an 
■olEDowIedgmeut  by  writing  or  purt  payment  or  part  satis- 
fiiction  an  aforesaid,  or  in  case  the  person  entitlud  to  such 
action  shall  at  the  time  of  such  acknowledgment  be  under 
neb  disability  as  aforesaid,  or  the  party  making  snch 
ackDOwledgment,  bo,  at  the  time  of  making  the  same,  dut 
of  the  Province,  then  within  twenty  years  after  such  dis- 
ability shall  have  ceased  as  aforesaid,  or  the  party  shall 
bave  returned  into  the  Province,  as  the  case  may  be  ;  and  *"''™J5'^ 
the  plaintiff  in  any  such  action  on  any  indenture,  specialty  lUu^b^myM 
W  recognizance  may,  by  way  of  replication,  state  such"'^^'**™' 
aokoowledgmoiit.  ana  that  such  action  was  brought  within 
Uie  time  aroresaiii  in  answer  to  a  plea  of  this  statute. 

S8.     No  claim  which  may  be  lawfully  made  at  the  com-  Ccmineidnu 
moD  law  by  cuBtom,  prescription  or  grant,  to  any  way  or|SJ<riS^'^ 
other  eauemeot,  or  to  any  water-course,  or  the  use  of  any  ',^tt»M" 
waterto  heenjuyedof  derived  upon,  over  or  from  any  land  >" 
or  water  of  Our  Lady  the  Queen,  her  heirs  or  saccessors,  or  ^ 
tfiy  o(  any  ecclesiastical  or  lay  person,  or 
l.whes  Bucb  way  or  other  matter  as  herein  ■ 


566  LIMITATION  OF  ACTIONS.  [PABT  m. 

Chap.  100.  l^ist  before  mentioDed  shall  have  been  actually  enjoyed  by 
any  person  claiming  right  thereto  without  interruption  for 
the  full  period  of  twenty  years,  shall  be  defeated  or  des- 
troyed by  showing  only  that  such  way  or  other  matter  was 
first  enjoyed  at  any  time  prior  to  such  period  of  twenty 
years ;  but  nevertheless  such  claim  may  be  defeated  in 
any  other  way  by  which  the  same  is  now  liable  to  be  defeated; 
Indefeasible  if    and  where  such  way  or  other  matter  as  herein  last  before 
^'yeon?^'^  ^^  mentioned  shall  have  been  so  enjoyed  as  aforesaid  for  the 
full  period  of  forty  years,  the  right  thereto  shall  be  deemed 
absolute  and  indefeasible,  unless  it  shall  appear  that  the 
same  was  enjoyed,  by  some  consent  or  agreement  expressly 
given,  or  made  for  thatl)urpose  by  deed  or  writing- 
ofT"ht"e^vJ?ed      ^^-     When  the  access  and  use  of  light  to  and  for  any 
for  twenty  years  dwelling-house,   work-sliop,   or   other  building  shall  have 
indefe«ibie.      ^^^^^   actually   eujoycd    therewith   for   the  full  period  of 

twenty  years  without  interruption,  the  right  thereto  shall 
be  deemed  absolute  and  indefeasible,  any  local  usage  or 
Exception.  custom  to  the  Contrary  notwithstanding;  unless  it  shall 
appear  that  the  same  was  enjoyed  by  some  consent  or 
agreement  expressly  made  or  given  for  that  purpose  by 
"*^*'*^  deed  or  writing.     Provided  always,  that  this  section  shall 

not  extend  to  the  City  of  Halifax. 
ho3"4icuifSd*'      ^^'     E^ch  of  the   respective   periods  oi  years   in  the 
and  wh.it acta '  twenty-eighth  and   twenty-ninth  sections  mentioned  shall 
JS^ptioito  *°'  bo  deemed  and  taken  to  be  the  period  next  before  some 
prewrripton.       g^jj  qj.  action  whcreiu  tho  claim  or  matter  to  which  such 
period  may  relate  shall  have  been  or  shall  be  brought  into 
question;  and  no  act  or  other  matter  shall  be  deemed  to  be 
an  interruption  within  the  meaning  of  this  Chapter,  unless 
the  same  shall  have  been  or  shall  be  submitted  to  or  acqui- 
esced in  for  one  year  after  the  party  interrupted  shall  have 
had  or  shall  have  notice  thereof,  and  of  the  person  making 
or  authorizing  tho  same  to  be  made. 
^S  ^'Sl?,™^"^"      31.     In  the  several  cases  mentioned  and  provided  for  in 

adniissihieon  .  .11  •  r   xi  •      />i_ 

proof  of  enjoy-   soctions  twenty-eight  and  twenty-nine  ol  tu!3  Lnapter,  no 
period Siarpro-  presumptiou  shall  be  allowed  or  made  in  favor  or  support 
jcribed  by  chap.  Qf  j^jj^,   claim,  upon  proof  of  the  exercise  or  enjoyment  of 
the  right  or  matter  claimed  for   any  less  period  of  time  or 
number  of  years  than  for  such  period  or  number  mentioned 
in  said  sections  as  may  be  applicable  to  the  case  and  to  the 
nature  of  the  claim, 
wwch^lj!?!  32.     The    time    during    which    any    person   otherwise 

nlro^hhjfSicT  ^^P^*^'®  of  resisting   any   claim  to   any   of   the   matters 
4o.,Dottob«    'in     sections     twenty -eight    and    twenty-nine    mentioDed 
ajaintt  him.      shall    have   been   or   shall   be   an   infant,  idiot,  non  com- 
pos mentiSy  feme  covert^  or  tenant  for  life,  or  durinff  wbioh 
any  action  or  snit  shall  have   been   pendinc,  and  which 
shall  have  been  diligently  prosecuted;  until  abated  by  the 


TITLI  XII7.]  WHIT  OF  DOWER.  867 

death  of  any  party  or  parties  thereto,  shall  be  excluded  in  Chap.  101. 
the   compatatioD  ol  the  periods  hereinbefore  meiitioDBd, 
except  only  in   caaes  where  the  right  or  claim  is  hereby  fli««ptioa. 
declared  to  be  absolate  and  indefeaeible. 

33.  When  any  land  or  water  npon  over  or  trom  ftirnu  ?»>■«*". 
whicb  any  sach  way  or  wateroonrse  or  use  ol  water  rrain oompaH- 
JQ  the  twenty-eighth   section  mentioned   shall  have  been"™- 

or  eball  be  enjoyed  or  derived,  hath  been  or  shall  be 
held  under  or  by  virtue  of  any  term  of  life  or  any  term  of 
year^  exceeding  three  years  from  the  granting  thereof,  the 
time  of  the  enjoyment  ol  any  such  way  or  other  matter  as 
herein  lust  before  mentioned  during  the  continuance  of 
such  terms  shall  be  excluded  in  the  computation  of  the 
said  period  of  forty  years  in  case  the  claim  shall  within 
three  years  next  after  the  end  or  sooner  determioation  of 
sach  term  be  resisted  by  any  person  entitled  to  any  rever- 
sion expectant  on  the  determination  thereof. 

34.  No  claim  for  lands  or  rent  shall  be  made  by  Har  cuimiot  Har 
Majesty,  but  within  sixty  years  after  ttie  right  of  action  to2*J«/ ^'**' 
recover  such  lands  or  rent  shall  have  accrued. 


TITLE    XXIV. 

OF  CEBTAIN  PROCEEDINGS  RELATING  TO  REAL 
I  PROPERTY. 


r  CHAPTER    101 

OPTHfiWBITOP     DOWER. 

1.  When  the  heir  or  other  person  having  the  freehold  ^i^^" 
■lull  not,  witiiiri  one  month  next  after  demand  made,  assign  domr. 

to  the  widow  her  reasonable  dower,  she  may  sue  for  and 
rwover  the  same  by  writ  of  dower. 

2.  The  writ  of  dower  shall  be  in  the  form  in  the  Sche- j™»  "  w^m' 
dole,  number  One,  or  to  the  like  effect.  """ 

3.  Upon  Judgment  being  given  for  the  widow,  reason- °^?*[j'" 
>ble  d  images  shall  be  aseigaed  to  her  from  the  time  of  the  down, 
tldmand  made. 

4.  The  writ  of  Beisin  thereon  shall  be  in  the  form  in  the  •^"'  »ri*o 
Schedule,  number  Two,  or  to  the  like  effect. 

5.  The  officer  to  whom  the  writ  is  directed  shall  c&ase  ^**''^'*^ 
Cba  doivsr  to  be  eet  off  by  five  freeholders  of  the  neighbor- 


568  WRIT  OF  DOWER.  '     [FABT  ID 

Chap.  101.  hood,  three  of  wbom  at  least  shall  concar,  who  shall  b< 
*-  sworn  before  a  justice  ot  the  peace,  to  set  forth  the  same 

impartially,  without  favor  or  aJDfectioD,  and  as  coDyenieDtl; 

as  may  be. 
wh^'^'mSeftf      ®'    ^here  no  division  can  be  made  by  metes  or  booDcIs, 
indivLKi?"'^  the  widow  shall  be  endowed  in  a  special  manner  as  of  a 

third  part  ot  the  rents  or  otherwise. 
Waste  not  to  be      7.    A  woman  endowed  of  lands  shall  not  commit  or  suffer 
^<ared^°'     wasto  thereon,  but  shall  maintain  the  buildings  with  the 

fences  and  appurtenances  in  good  repair,  during  her  term. 


SCHEDULE. 

No.  1. 

WrU  of  Dower. 

SS. 

Victoria,  by  the  grace  of  God,  Ac. 

To  the  SheriflF  of . 

Command  A.  B.,  of ,  in  the  said  County,  that  be 

forthwith  render  to  C.  D.,  who  was  the  wife  of  E.  D.,l8te 

of ,  deceased,  her  reasonable  dower  to  which  iha 

claims  to  be  entitled,  of  a  certain  messuage  or  tenement, 
with  the  appurtenances,  in  the  possession  of  thQ  said  L 

B.,  situate  at ,  aforesaid,  and  described  as  foUoWB: 

[describe  the  property  with  reasonable  certainty,']  which  was 
in  the  seisin  and  possession  of  her  said  husband  E.  Dm 
and  whereof  he  was  seised  in  his  demesne  as  of  fee  dariDg 
the  coverture,  and  whereof  she  has  nothing  (as  she  says); 
and  the  said  C.  D.  complains  that  the  Kaid  A.  B.  ba& 
deforced  her  thereof.  And  unless  the  said  A.  B.  shall  ^^ 
so,  then  summon  the  said  A.  B.  to  appear  in  our  Supren^^ 

Court  at ,  within days  after  the  service  on  b^^ 

of  this  writ,  then  and  then  to  shew  cause  why  he  does  O^ 
render  to  the  said  C.  D.  her  reasonable  dower  as  aforesai^ 

Whereof  fail  not,  and  make  due  return  of  this  writ  it^ 
our  said  Supreme  Court  at  . 

Issued  this day  of ,  A.  D.  18 — . 

Q.  H.,  Prothonotary. 
J.  E.,  Plaintiff's  Attorney. 

No.  2. 

SS.  Writ  of  Seisin. 

Victoria,  by  the  grace  of  God,  &c. 

To  the  Sheriff  of  the  County  of . 

Whereas  C.  D.,  widow,  who  was  the  wife  of  EL  D.,  lat# 
of  ,  deceased,  before  our  Justices  of  our  Sapreoi^ 


HTLB  XXIY.]  WBTT  OF  DOWEB,  669 

Court  at ,  on  the day  of ,  A.  D.  18 — ,  Chap.  101, 

did  recover  her  seisin  against  A.  B.,  of ,  of  one- 

third  part  of  a  certain  messuage  or  tenement,  with  the 
appurtenances,  in  the  possession  of  the  said  A.  B.,  situate 

at  ,  aforesaid,  and  described  as  follows :  [describe 

the  property  vnth  reasonable  certainty ,]  as  her  dower  of  the 
endowment  of  the  said  E.  D.,  her  husband,  by  our  writ  of 
dower,  whereof  she  has  nothing :  Therefore  we  command 
you  that  you  cause  to  be  had  without  delay  to  the  said  C. 
D.  full  seisin  of  one-third  part  of  the  aforesaid  messuage 
or  tenement  with  the  appurtenances,  to  hold  to  her  in 
aeveralty  by  metes  and  bounds.  We  command  you  also^ 
that  of  the  goods  or  chattels  of  the  said  A.  B.  within  your 
precinct,  you  cause  to  be  paid  and  satisfied  {unto  the  said 

C.  D.,  at  the  value  thereof  in  money,  the  sum  of for 

damages  awarded  her  by  our  said  Court  for  her  being 
held  and  kept  out  of  her  dower,  and  for  costs  expended  on 

this  suit,  with more  for  this  writ ;  and  thereof  also  to 

satisfy  yourself  your  own  fees.  And  for  want  of  goods  or 
chattels  of  the  said  A.  B.  to  be  by  him  shewn  unto  yon,  or 
fonnd  within  your  precinct,  to  satisfy  the  same,  we  com- 
mand you  to  take  his  body  and  commit  him  to  the  keeper 

of  our  gaol  in ,  in  the  County  aforesaid,  within  the 

aaid  prison :  Whom  we  likewise  command  to  receive  the 
said  A.  B.  and  him  saiely  to  keep,  until  he  pay  unto  the 
said  C.  D.  the  full  sum  above  mentioned,  and  also  satisfy 
your  fees.  Hereof  fail  not,  and  make  return  of  this  writ, 
and  how  you  shall  have  executed  the  same,  unto  our  said 

Supreme  Court  at ,  within days  from  the  date 

hereof. 

Issued  this day  cif ,  A.  D.  18 — . 

G.  H.,  Prothonotary. 
J.  K.,  Plaintiff's  Attorney. 

Note. —  Where  no  damages  are  awarded,  the  writ  shaXt  run 
i^ntff  /or  seisin  and  costs  of  suit. 


fc«b^4 

^f:*v  -.i 

*-  ■  ';  m  _4>*      '-t 


670 
Chap.  102. 


PARTITION  OF  LANDS. 


CHAPTER    102. 


[PABT  m. 


Piartition  may 
be  enforced. 


Prooeedlnga  to 
beootnmmoed 
by  petition  to 
supreme  coart. 


Petition,  by 
wliom  main- 
tained. 


Who  may  fbain- 
tain  potitioa. 


Duration  of  par- 
tition aa  between 
tenants  for  years. 


Contents  of  peti< 
tion. 


Amendments 
allowed  at  any 
stage. 


Petition  to  be 
filed,  summons 
to  issue  and  be 
serred  with  oopy 
of  petition;  rule 
to  plead,  Ac.  as 
if  It  were  a  d«- 
eUratioB. 


OP     THE    PARTITION     OP     LANDS. 

1.  All  persons  holding  lands  as  joint  tenants,  coparce- 
ners or  tenants  in  common,  may  be  compelled  to  divide  the 
same,  either  by  writ  of  partition  at  the  common  law,  or  in 
the  manner  provided  in  this  Chapter. 

2.  Any  one  or  more  of  the  persons  so  holding  lands 
may  apply,  by  petition  to  the  Supreme  Court  for  the  county 
where  the  lands  lie,  for  a  partition  of  the  same ;  and  sucn 
Court  may  cause  partition  to  be  made  accordingly ;  and 
the  shares  of  the  petitioners  shall  be  set  off  and  assigned 
to  them,  and  the  residue  of  the  premises  shall  remain  for 
the  persons  entitled  thereto,  subject  to  a  future  partition 
amoHg  them  if  there  is  more  than  one  person  so  entitled. 

3.  Such  petition  may  be  maintained  by  any  person  wbo 
has  an  estate  in  possession,  but  not  by  one  who  is  entitled 
only  to  a  remainder  or  reversion. 

4.  No  tenant  for  any  term  of  years,  unless  twent}'  years 
thereof  at  the  least  remain  unexpired,  shall  maintain  such 
a  petition  against  any  tenant  or  the  freehold ;  bat  when 
two  or  more  persons  hold  jointly  or  in  common,  as  tenants 
for  any  term  of  years,  either  of  them  may  have  his  share 
set  off  and  divided  from  the  others  in  the  same  manner  as 
if  they  had  all  been  tenants  of  the  freehold. 

5.  Such  partition  between  two  or  more  tenants  for 
years  shall  continue  in  force  only  so  long  as  their  estates 
endure,  and  shall  not  affect  the  premises  when  they  revert 
to  the  respective  landlords  or  reversioners. 

6.  Every  petition  for  a  partition  shall  set  forth  the 
rights  and  titles,  so  far  aa  known  to  the  petitioner,  of  all 
persons  interested  in  the  premises  who  would  be  bound  by 
the  partition,  whether  they  have  an  estate  of  inheritance, 
or  for  life,  or  years,  and  whether  it  be  an  estate  in  posses- 
sion or  in  remainder  or  reversion,  and  whether  vested  or 
contingent;  and  if  the  petitioner  holds  an  estate  for  life  or 
years,  the  person  entitled  to  the  remainder  or  reversion 
after  his  estate  shall  be  considered  as  one  of  the  persons 
so  interested,  and  shall  bo  entitled  to  notice  accordingly. 
Such  petition  or  any  subsequent  proceedings  had  thereon 
may  be  amended  at  any  time  upon  such  terms  as  the  Court 
or  a  judge  may  impose. 

7.  The  petition  shall  be  filed  in  the  same  manner  as  a 
declaration  ;  and  a  summons  to  appear  and  answer  thereto 
shall  be  signed  by  the  Prothonotary ;  and  a  copy  thereof 
with  a  copy  of  such  petition,  accompanied  by  a  rale  to 
plead  and  the  usual  notices,  shall  be  served  on  each  of  tlia 


TITLK  X2IT.]  PABTITION  OF  LAKDB.  671 

parties  named  ia  the  petition  as  interested  in  the  premises,  Chap.  102. 
if  they  t-ball  be  foond  within  the  Province,  the  like  namber 
of  days  su»  required  id  ordinary  writs. 

S.     If  auy  of  the  persona  so  named  as  interested  are  ProMedingi. 
absent  from  the  Province,  or  if  there  are  persons  interested  ^l^^^^^b- 
ic  the  premises,  and  who  would  be  bonnd  by  the  partition  «"».  »^ 
whose  names  are  unknown  to  the  petitioner,  the  Conrt  or 
a  judge  thereof  shall  order    notice   to    be   given  to  the 
persons  interested  who  are  so  absent  or  unknown,  by  a 
publication  of  the  petition   or  of  the  substance  thereof, 
with  the  order  of  the  Court  or  a  jcdge  thereon,  in  one  or 
more   newspapers   to  be  designated  in   the  order,  or  by 
delivering  to  such  absent  party  an  attested  copy  of  the 
petition  and  order,  or  in  such  other  manner  as  such  Court 
or  judge  shall  conaidar  to  be  most  proper  and  effectual. 

9.  If  any  person  entitled  to  notice  shall  fail  tn  appear,  ?')^*S''"^ 
and  if  the  service  of  the  summons  or  other  notice  to  bim  wutt  my'l!^ 
shall  appear  to  the  Court  to  have  been  insufficient,  the '"'**""*'**■ 
Conrt  or  a  judge  may  order  snch  further  notice  as  shall  be 
thought  proper. 

10.  If  in  any  stage  of  the  proceedings  it  shall  appear  Proweding. 
to  the  Court  that  any  person  interested,  whether  named  in  "f''^,SS'i^' 
the  petition  or  not,  is  out  of  tlio  Province,  and  has  not  had  tnDitvor»roBii- 
opportunity  to   appear  and  answer  to  the  suit,  it  shall  be<°a- 
continued  until  sufficient  time  has  beeu  allowed  to  enable 

bim  to  appear  and  answer  thereto. 

11.  The  Court  or  a  judge  may  assign  a  guardian  fur  gj^^JJJ^' 
the  anit  for  any   infant  or  insane  person  who  is  interested 

in  the  premises,  in  the  same  manner  as  a  guardian  is 
admitted  for  an  iufant  plaintiff  or  defendant  at  common 
law. 

12.  Any  person   interested  in  the  premises  of  which  ^"'S^J™' 
partition  is  prayed   for,  may  appear  and   answer  to  the  M^tij? '** 
petition,  and  may  plead  either  separately  or  joiutly  with£j°E^i*Iittii'a 
any  other  defendants,  any  matter  tending  to  show  that  the  "•"■ 
petitioner  ought  not  to  liave  partition  as  prayed  for,  either 

IB  whole  or  in  part ;  and  the  replication  and  further  plead- 
ings shall  be  conducted  as  in  other  actions  until  issue  is 
joined,  which  shaW  be  tried  and  determined  as  in  other 
cases ;  all  such  pleitdings  to  be  filed  and  served  in  the 
same  way  ari  the  pleadings  iu  declaration  suits, and  notices 
of  trial  to  be  given  in  like  manner. 

13.  If  any  poraoo   who   is  not  named  in  the  petition  B^EiatioB 
shall  appear  and  plead  as  a  dofendaot,  the  petitioner  may  riffhTtD^Hr 
reply  that  such  person  has  no  estate  or  interest  in  the  lands  "a,2Sr^ 
described  in  the  petition,  and  may  pray  judgment  if  he 

shall  be  admitted  to  object  to  the  petition ;  and  the  peti- 
tioner may  in  the  same  replication  plead  over  in  answer 
to  such  |>lea  any  other  matter  ia  like  manner  as  be  might 


574  PARTITION  OF  LANDS.  [PABT  UI. 

Chap.  102.     27.    Gommissionera  appointod  under  this  Chapter  shall 

oommiaiionerr  ^^  ^'I  casos  make  a  return  of  their  proceedings  under  their 

"^^Sedby     hands,  together  With  their  warrant,  to  the  Court;  and  if 

a>urt,  filed  and  their  proceedings  are  confirmed  by  the  Court,  judgment 

registorad.        ^j^^jj  ^^  thereupon  rendered  that  the  partition  so  made  bo 

final;  and  the  return  shall  then  be  filed,  and  a  certified 

copy  thereof  be  recorded  in  the  registry  of  deeds  in  the 

county  where  the  lands  lie. 

Betnrnmaybe       28.    The  Court  for  any  sufficient  reason  shewn  may  set 

iTew  prooe^fcs  aside  the  return  and  commit  the  case  anew  to  the  same  or 

***^*  to  other  commissioners  to  be  appointed,  whereupon  the 

same  proceedings  shall  be  had  as  above  directed. 
Final  jadgment      29.     The  final  judgment  confirming  and  establishing  the 
dM?Tr.**'*°'~°' partition  shall  be  conclusive  as  to  all  rights,  both  ot  pro- 
perty  and  possession,  of  all  parties  and  privies  to  the  judg* 
ment,  including  all   persons  who  might  by  law  have  ap- 
peared and  answered  to  the  petition,  except  as  is  hereinafter 
provided. 
Part  owner  «b-       30.    If  any  persou  who  was  a  part  owner  with  the  peti- 
ISw  m!Jy^piy  tiooers,  and  for  whom  a  share  is  left  upon  the  partition, 
r™°fi?™     should  be  out  of  the  Province  when  the  summons  or  notice 

years  for  new  ...  ,  i     i        i  i  ,  •        • 

partition.  to  him  IS  sorved,  and  should  not  return  m  time  to  appear 
and  answer  to  the  suit,  he  may,  at  any  time  within  three 
years  after  the  final  judgment,  apply  to  the  Court  for  a  new 
partition  of  the  premises. 

Courtmay  31.     If  upou  such  an  application,  and  after  hearing  of  all 

^tion.*''  parties  interested  therein,  it  shall  appear  to  the  Court  that 
the  share  left  for  the  applicant  was  loss  than  he  was  entitled 
to,  or  that  the  part  left  for  him  was  not  at  the  time  of  the 
partition  equal  in  value  to  his  share  of  the  premises,  the 
Court  may  order  a  new  partition  thereof,  which  shall  be 
made  in  the  manner  before  provided. 

ComraUsioners*       32.     In  sucli  uow  partition  the  commissioners  shall  not 

duty  on  sucti       .  -ja  i  !•••  ra.i  ti  • 

newparution.  bo  required  to  make  a  new  division  of  the  whole  premises, 
but  they  may  take  from  any  one  share  or  shares  and  add 
to  any  other  or  others  so  much  as  shall  in  their  judgment 
be  necessary  to  make  the  partition  just  and  equal,  estima- 
ting the  whole  as  in  the  state  in  which  it  was  when  first 
divided ;  or  if  an  equal  partition  of  the  lands  cannot  be 
made  without  inconvenience  to  the  owners,  the  commia- 
sioners  may  award  money  to  be  paid  by  one  party  to 
another  as  before  provided,  to  equalize  the  shares. 

Improvements,       33.     If  after  the  first  partition,  any  improvement  shall 

how  considered    i  i  ,  i.rli_  •  ■•il 

in  new  partition,  have  been  made  ou  any  part  of  the  premises,  which,  by 
the  new  partition,  shall  be  taken  from  the  share  of  m 
party  who.  made  the  improvements,  he  shall  be  entitled  to 
compensation  therefor,  to  be  estimated  and  awarded  by 
the  commissioners,  and  to  be  paid  by  the  party  to  wboa 
such  part  oi  the  premises  shall  be  assigned  OD  tb%  nmw 


TITLI  XXI7.]  PABTITIOK  07  LANDS.  575 

partition ;  and  the  Court  may  order  execution  therefor  in  Chap.  102. 
the  ubdaI  form.  ' 

34.  If  any  person  who  haa  not  appeared  and  answered  p™mnot»p- 
to  the  petition  for  partition,  Bhatl  claim  to  hold  in  severalty  cuinuiohoiii 
the  premiaes  therein  mentioned,  or  any  part  thereof,  h6E«™«|*J^*^ 
shall  not  he  concluded  by  the  judgment  for  partition,  but  ^^''^'^''"'*" 
may  bring  his  action  for  the  land  claimed  by  him  against 

lay  or  all  of  the  petitionera  or  defendants,  or  of  the  per- 
sons holding  under  them  as  the  case  may  require,  within 
the  same  time  in  which  he  might  have  brought  it  if  no 
inch  judgment  for  partition  bad  beeo  rendered. 

35.  When  any  person   who  has  not  appeared  and  an- r^""?' »p- 
swered  to   tbe    petition    ahull   claim   the   share  that  was  uiaimins ibu* 
usigned  to,  or  left  for  any  of  the  enppoaed  part  owners  in  S^'S?biSn^ 
the  judgment  for  partition,  he  ahali  be  concluded  by  the  S^'il^Sotto« 
jndgment  so  far  as  it  respects  the  partition  and  the  assigD- '<"•»>» 
oient  of  the  shares,  in  like  manuer  aa  if  he  had  been  a 

party  to  that  suit ;  but  he  shall  not  be  prevented  thereby 
from  bringing  his  action  for  the  share  claimed  by  him 
i^inat  the  person  to  whom  it  was  assigned,  or  for  whom 
it  was  left. 

36.  The  action  in  such  case  shall  be  brought  against  ^<>f<>i>iii><"sii 
the  tenaut  in  possession  iu  like  manner  as  if  the  plaintiff^'rutwhrnn 
bad  originally  claimed  the  epecific  piece  of  land  demanded,  ^'^'B'''* 
instead  of  an  undivided  part  of  the  whole  land ;  and  it 

amy  be  brought  within  the  same  time  in  which  it  might 
have  been  brought  it  no  such  judgment  for  partition  had 
been  rendered. 

37.  If  two  or  more  persons  appear  as  defendants  claim-  PnxHdinga 
ing  the  same  share  of  the  premises  to  be  divided,  it  shaltuDVciltm wni« 
not  be  necessary  to  decide  upon  their  respective  claims,  ^J|3JJ^*" 
«cept  only  for  the  purpose  of  determining  which  of  tliera 

•ball  be  admitted  to  appear  and  plead  in  the  suit;  and  if 
partition  is  made,  the  share  so  claimed  shall  be  left  for 
iriiiotMver  of  tbe  parties  shall  prove  to  be  entitled  to  it,  in 
ftiait  to  be  thereafter  brought  between  themselves. 

38.  If  in  sucli  a  case  it  shall  be  decided  in  the  original  i><(andut 
bbU  for  partition,  upoQ   the  replication  of  the  petitioners  jud^ncotim 
or  otherwise,  that  either  of  the  defendants  is  not  entitled  STvm  Mt^J™. 
to  the  share  that  he  claims,  he  shall   be  concluded  by  the^jl^jjj" 
judgment  so  far  as  it  respects  tbe  partition  and  the  assign- an>toMiag%it 
ment  of  the  shares  ;  but  he  shall  not  be  prevented  thereby  **  ""^^ 
from  bringing  his  action  for  the  share   claimed  by  him 
against   the   other  claimant   thereof,  in   the  manner  prcv 

Tided  in  the  three  preceding  sections. 

39.  If  any  person  who  haa  not  appeared  and  answered  ^!l^S^ 
OS  above  shall  claim  any  part  of  the  premises  mentioned  ™*^'!JSS„ 
in  the  petition,  as  a  part  owner  with  those  who  were  parties  o'-^^jred,  ho* 
to  that  auU,  or  any  of  them,  and  if  the  part  or  share  bo  ^'rSuon  jodr 


576 


PARTITION  OF  LANDS. 


[PAST  m. 


Redress  fn  such 
case,  how  and 
against  wbom 
obtained. 


Cha^.  102.  claimed  was  not  known  or  not  allowed  and  left  for  him  in 

the  process  for  partition,  he  shall  be   conclnded  by  the 

judgment  so  far  as  it  respects  the  partition ;  bat  be  shall 
not  be  prevented  thereby  from  bringing  an  action  for  the 
share  or  proportion  claimed  by  him,  against  each  of  the 
persons  who  shall  hold  any  part  of  the  premises  under  the 
judgment  for  partition. 

40.    If  the  plaintiff  shall  prevail  in  the  case  last  men- 
tioned, he  shall  not  be  entitled  to  demand  a  new  partition 
of  the  whole  premi&es,  but  he  shall  recover  against  each 
of  the  persons  holding  under  the  judgment  for  partition 
the  same  proportion  or  share  of  the  part  hold  by  him  that 
the  plaintiff  was  entitled  to  out  of  the  whole  premises 
before  the  partition  thereof. 
RiirhM  of  heir        41.    If  after  tho  making  of  partition  it  shall  appear  that 
wht!^ter      any  person  for  whom  a  share  was  left  or  to  whom  a  share 
Jhafia°°'**       was  assigned,  had  died  before  such  partition  was  made,  the 
that  ancestor     heir  or  devlseo  of  such  deceased  person  shall  not  by  reason 
Si^hrf^par-  of  such  heir  or  devisee  having  been  a  party  to  the  suit, 
tition.  either  as  a  petitioner  or  as  a  defendant,  bo  barred  from 

claiming  the  share  that  belonged  to  the  deceased  person; 
but  the  heir  or  devisee  in  such  case  shall  have  the  same 
rights  and  the  same   remedies  in  all  respects  as  if  such 
heir  or  devisee  had  not  been  a  party  to  the  suit,  and  had 
not  notice  of  the  pendency  thereof. 
Remedy  where       42.     If  any  porson  to,  or  for  whom  any  share  shall  have 
by%??^av-   been  assigned  or  left  upon  any  judgment  for  partition,  shall 
tui<r*™'"""°^  be  evicted  thereof,  by  any  person,  who  at  the  time  of  the 
partition,  had  a  title  thereto  paramount  to  the  title  of  those 
who  were  parties  to  tho  suit  for  partition,  the  person  ao 
evicted  shall  be  entitled  to  a  new  partition  of  the  residue, 
in  like  manner  as  if  the   former  partition  had  not  been 
made. 

43.  Any  person  having  a  mortgage,  attachment,  or 
other  lien  upon  the  share  of  any  part  owner,  shall  be  con- 
cluded by  the  judgment,  so  far  as  it  respects  the  partition 
and  the  assignment  of  the  shares ;  but  his  lien  shall  remain 
in  full  force  upon  the  part  that  shall  be  assigned  or  left  for 
such  part  owner. 

44.  In  the  case  of  the  death  of  any  party  in  a  petition 
for  partition,  the  suit  need  not  abate,  but  may  be  condaclr 
ed  and  prosecuted  to  final  judgment,  under  such  rales  and 
orders  for  bringing  in  the  heirs  or  representatives  of  tbd 
deceased  party,  as  the  Court  or  judge  may  think  properi 
for  making  them  parties  to  the  suit,  and  regalating  the 
proceedings  accordingly. 

ExpeBMof  45.    The  expenses  and  charges  of  the   commissionan 

^D beaiio^^    shall  be  ascertained  and  allowed  by  the  Court|  and  aU  tha 
{£^^i^^   other  oosts  of  the  proceedings  shall  be  taxed  in  the  ntori 

"Other' 


Lien  by  mort- 
gage, fto.,how 
affected  by  jadg 
ment. 


Suit  not  to 
abate  for  death 
<if  party. 


TITLI  ZXnr.]  PABTtTIOR  OF  LANDS.  57T 

maoner ;  and  the  wbole  shall  be  paid  hy  tbe  parties  in  pro-  CsAF.  102, 
portion  to  their  respective  shares  or  interests  in  the  pre-        ' 
ooises ;  except  only  the  cost  ot  a  tiial  of  any  issue  joined  in 
the  case,  as  to  which  a  different  provision  is  before  made. 

46.  Every  person  holding  any  lands  under  a  partition  *■"«'""'•' 
made  by  virtue  of  this  Chapter  shall  be  considered  as  hold-  JlLtl"™.  iu>w 
ing  them  under  an  apparently  good  title,  so  that  in  case  of  "°"'**'*^ 
eviction  he  shail  be  entitled  to  compensation  for  any  im- 
provements made  thereon. 

47.  All  proceedings  connected  with   tho   partition   of  Proosedinei, 
lauds  nnder  this  Chapter  may  be  taken  either  at  common  t^r^i^^m*'^ 
law  or  in  equity  ;  and  all  necessary  rules  and  orders  tliere-  JJJil'*'™"'^ 
uoder  may  be  granted  by  the  Judge  in  Equity,  by  the  Sa- 

preme  Court,  or  by  a  judge  thereof  at  chambers,  except 
where  the  trial  of  nn  issue  before  a  jury  shall  become 
aecessary ;  and  ali  orders  required  by  this  Chapter,  to  be 
nado  by  the  Court,  may  be  made  by  a  judge,  subject  to 
ID  appeal  from  any  such  order  to  the  Court  at  its  next 
littings  Id  the  county. 

48.  Every  order  made  in  pursuance  of  this  Chapter  byo^"?'* 

V  single  judge,  not  sitting  in  open   court,  shall  be  liable  to  uabie ta be  »■ 
)e  rescinded  or  altered  by  the  Court  in  like  manner  as  S|^^ " 
ithar  orders. 

49.  Whenever  any  real  estate  is  sought  to  be  divided,  ^^|JJ^^ 
either  in  a  case  of  intestacy  or  under  a  will  amongst  thet»t>«<i<mM, 
parties  entitled  to  share  therein,  oramong  tenants  in  com-dMUne toM- 
non  onder  the  authority  of  the  Supreme  Court  in  proceed-  ^[i^^Jlat. 
ings  in  partition,  and  such  real  estate  or  any  part  thereof<'f5J|jj°<^iY'* 
>wing  to  any  cause  cannot  bo  actually  divided  by   metes  minority,  ka., 
lod  bounds  without   detriment  and    disadvantage   to  thej^d^n^'at 
Mrties  entitled  thereto ;  in  case  the  heirs  or  other  parties  i™biic«u«io». 
interested  in  such  division   shall  decline  to  accept  such 

Mtate  or  portion    thereof  offered    to  them,    or   shall    by 
ibseoce,    incapacity,     or     minority   be    prevented    from 
iccepting    such    estate    or    parcel    thereof,    tbe    Judge 
!D  Equity  or    any    otijar  judge    of  the    Supreme    Court 
nay    order    that    such    real    estate    or    parcel     thereof 
tball  be    sold  at   public   auction  on    such    notice  and  in  Netpnewdi 
iBch  manner  as  such  judge  may   direct,  and  the  net  pro-^rti«in^^' 
:fieds    nf  anch    sale  fhall  be  divisible  among  the  partiea  ^Jl^       ^_ 
intitlod  to  said  estate.     And  such  judge  shall  have  power  "ctdeediobe 
;o  direct  a  deed  thereof  to  be   executed,  by    which  the  tn^oe." '*" 
stirchaser  shall  have  all  the  title  of  the  several  heirs  or 
parties  represented  in  such  proceedings  or  suit  in  parti-, 
■ton;  and  the  judge  on  such  order  may  direct  that  such 
lale  shall  be  made  and  the  deed  executed  by  the  Sheriff  of 
.he  county  where  the  lands  lie,  who  shall  receive  tbe  sum 
>[  five  dollars  for  makiog  the  sale,  executing  the  deed,  and 
^jing  over  the  money,  in  lien  of  all  poundage, 
M 


678  bale  of  lahds  under  fobeclosubb.  [pabt  ih. 

Chap.  103. 

CHAPTER  103. 

OF  THE  SALE   OF  LANDS  UNDER  FORECLOSDRE  OF   X0BTGA6E. 

In  actions  for         1.     WhoD  actioDS  of   ejectment    by  a  mortgagee   or 
^mortl^^   actions  on  bonds  or  notes  secured  by  mortgage,  or  on  any 
dofendantjM^   covenant  in  the  mortgage,  are  brought  in  the  Supreme 
anShAToaro-    Gourt,  and  no  suit  touching  the  same  matter  is  pending  io 
coBTcyanoe.       ^j^^  Court,  the  persou  having  the  right  of  redemption,  on 
appearing  as  defendant,  may  pay  to  the  plaintiff  or  bring 
into  Gourt  the  amount  due  with  costs ;  and  thereupon  the 
Gourt  by  a  rule  may  compel  the  plaintiff  to  re-convey  to 
such   defendant   the   land  mortgaged,  and  deliver  up  all 
writings  in  his  custody  relating  thereto. 
Proceedings  2.     In  caso  such  mortgagor,  or  any  one  of  several  of 

morTof^ortga-  such  mortgagors,  be  an  absent  or  absconding  debtor,  a 
Kas^noSLs?/  declaration  in  ejectment  or  other  process  may  be  served 
absent  debtors,  upou  the  tenant,  if  any,  in  podsession  of  the  lands,  and 
upon  any  of  such  defendants  who  shall  not  be  absent  or 
absconding,  and  a  copy  thereof  shall  also  be  left  at  the 
last  place  of  abode  of  any  of  the  defendants  who  may  be 
absent  or  absconding ;  and  such  service  if  made  the  usual 
time  limited  by  law  for  service  of  process,  shall  be  suffi- 
cient to  give  jurisdiction  to  the  Court,  and  the  plaintiff 
may  proceed  to  final  judgment  and  sale  of  the  lands  as 
hereinafter  mentioned  ;  but  before  such  declaration  shall 
bo  served  the  same  affidavit  shall  be  made  and  filed  in  the 
office  of  the  Prothonotary  of  the  county  where  the  decla- 
ration is  returnable,  as  is  necessary  in  ordinary  cases  of 
proceeding  against  absent  or  absconding  debtors.  Incases 
under  this  section  it  shall  not  be  necessary  to  wait  two 
torms  before  going  to  trial,  as  in  other  cases  against  absent 
or  absconding  debtors. 
Notice  to  be  3.    In  caso  any  porsons  bosido  the  mortgagor  are   inte- 

pLrtTes^Jto^     rested  in  the  lands  who  would  require  to  be  made  defend- 
b^dSB?(uSto?  ^^^ts,  if  proceedings  were  had  in  Chancery,  then,  in  addi- 
tion to  the  service  of  process  upon  the  defendant,  or  pro- 
ceedings in  the  second  section  mentioned  where  he  is  an 
absent  or  absconding  debtor,  a  notice  in  writing  shall  be 
served  on  all  such  persons,  their  attorneys  or  agents,  spe- 
cif) iug  the  proceedings  that  have  been  pr  are  about  to  be 
taken,  and  requiring  them  to  appear  at  the  Supreme  Court 
to  protect   their  interests ;  which  notice  shall  be  served 
the  same  length  of  time  as  is  required  in  notices  of  triaL 
Ba^f  mort.         4.     In   caso   the   defendant  shall   neglect  to   pay  tba 
premises.  j^jjjq^jjj|.  fQ^nj  (]„q  iq  ^Jjq  plaintiff  by  the  jDourt,  with  ooiti^ 

the  Court  may  order  the  lands  mortgaged  to  be  advertiiM 
by  handbills  in  the  county  for  at  least  thirty  dtyiy  and 


TRU  XZIT.]     BALK  OF  LANDS  DSDBB  EZECUTIOir.  679 

hereafter  to  be  sold  at  pablic  aaction  by  the  Sheriff  of  Chaf.  104. 
the  county  wbereiri  the  lands  lie.  

5.  In  case  the  defendant  shall  be  an  absent  or  abscond-  ^;*^f<">. 
ing  debtor  be  shall  be  entitled  to  a  re-hearing  at  any  time  S^dooTiiu 
within  three  years  after  judgment ;  and  the  plaintiST,  apoo  •''™"  *<*» 
obtaining  a  rule  for  the  sale  of  the  mortgaged  lands,  shall 

give   seciirity   for  the  re-paymeot  of  the  suma  levied,  if 
judgment  should  be  reversed  on  such  re-hearing. 

6.  The  deed  shall  be  executed  and  delivered  by  the  f'^JjJJJI*^' 
Sheriff  to  the  purchaser,  and  shall  bo  taken  as  preBamptive  "'^ 
evidence  of  the  requisitions  of  this  Chapter  having  been 
complied   with,  and  on   being   recorded   in   the  books  of 
refristry   for  the  coanty  in  which  the  lands  lie,  shall  be 
■afficient  to  convey   all  the   estate  and    interest   of  the 
mortgagor  in  the  lands  therein  described;  and  the  Court  wr<(  if  poiH>. 
may  award  a  writ  of  possession  upon  judgment  being  had. ''™  "»!'■"» 

7.  The  Sheriff  shall,  out  of  the  procneds  of  the  sale,  pay  rrotteotoi  nit, 
to  the  plaintiff  the  sum  due  to  him,  and  shall  pay  over  the  '""■p""*^- 
residue,  if  any,  to  such  person  as  the  Court  shall  direct. 

8.  The  Supreme  Court  shall  have  the  same  powers  as  Powanorsa- 
were  posaeeaed  by  the  Court  of  Chancery  in  reference  to  the  ES^SiS^ 
proceemngs  in  such  suits,  and  for  the  equitable  adjustment 

of  the  rights  of  the  different  parties  interested. 

9.  The  powers  hereby  conferred  upon  the  Conrt  may  ow  jodos  m 
be  exercised  by  a  single  judge  thereof,  except  where  tho  SM(tf°""*' 
trial  of  an  issue  before  a  jury  may  become  necessary,  b 
nnbject  to  an  appeal  from  any  order  of  the  judge  to  the 
Goart  at  its  next  term  in  the  county. 


CHAPTER   104. 

^  OP  THE  SALE  OF  LANDS  UNDER  EZECDTION. 

I.  Any  judgment  recovered  in  the  Supreme  Court  shall 
biod  the  real  estate  of  the  debtor  from  the  time  such  Judg- 
msui  shall  be  recorded  in  the  books  of  registry  for  the 
county  or  district  wherein  such  real  estate  is  situate ;  and  P«rtW 
the  reltjaao  from  a  jadgment  of  part  of  any  lands  or 
hereditaments  ciiargeJ  Iherewifh  shall  not  affect  the 
validity  of  the  judgment  as  to  the  lands  or  hereditaments 
remaining  unreleased,  or  as  to  any  other  property  not  speci- 
ficAlIy  released,  witljout  prejudice  nevertheless  to  the 
rights  of  all  persons  interested  in  the  lands,  hereditaments, 
or  property  remaining  anreleased,  and  not  concurring  in  or 
coi^ming  the  release :  Provided  that  do  lands  shall  be  rtoftn 


580  SALE  OF  LANDS  UNDER  EXBCUTION.       [PABT    IIL 

GflAP.  104.  levied  upon  until  one  year  after  the  registry  of  the  judg- 

■ ment  as  aforesaid. 

interMt  of  2.    The  interest  of  any  mortgagor  ot  real  estate  may  be 

^i^edon?£.  seized  or  taken  in  execution,  sold  and  conveyed  in  like 
manner  as  any  other  real  estate  may  be  seized  or  taken  Id 
esecution,  sold  and  conveyed. 
Pai^untoex-        3,    The  cflFect  of  such  seizure  or  taking  in  execution, 
^r^aged  lands  salc  and  conveyauco  of  any  such  mortgaged   lands  and 
SiMtfln  posi-    tenements  shall  be  to  vest  in  the  purchaser,  his  heirs  and 
tionof^nw^^  i^ggjgns^  all  the  interest  of  the  mortgagor  therein  at  the 
jSld^ent,  A«.    time    the   judgment    was   recorded    as  well    as  at    the 
time  of  such  sale,  and  to  vest  in  such  purchaser,  his  heirs 
and  assigns,  the   same  rights  as   such  mortgagor  would 
have  had  if  such  sale  had  not  taken  place ;  and  the  pur- 
chaser,  hia  heirs  and  assigns  may  pay,  remove  or  satisfy 
any  mortgage,  charge  or  lien  which  at  the  time  of  record- 
ing the  judgment  existed  upon  the  lands  or  tenements  so 
sold  in  like  manner  as  the  mortgagor  might  have  done; 
and  thereupon  the  purchaser,  his  heirs  and  assigns  shall 
acquire  the  same  estate,  right  and  title  as  the  mortgagor 
would   have   acquired   in   case  the  payment,  removal  or 
osrtiflcatetobe  Satisfaction  had  been  effected  by  the  mortgagor^  and  on 
mOT^agoeto     payment  of  the  mortgage  money  to  the  mortgagee  by  the 
FM*o!ffm<St^"   purchaser,  his  heirs,  or  assigns,  the  mortgagee,  his  heirs 
ffage-  and  assigns  shall,  if  required,  give  to  such  purchaser,  his 

heirs  and  assigns,  at  his  or  their  charge,  a  certificate  of 
payment  or  satisfaction  of  such  mortgage,  which  certificate 
may  be  in  the  following  form,  that  is  to  say : 

To  the  Registrar  of  the  County  of . 

I,  A.  B.,  of ,  do  certify  that  C.  D.,  of ,  who 

has  become  the  purchaser  of  the  interest  of  E.  F.,  of , 

has  satisfied  all  money  due  upon  a  certain  mortgage  made 
by  the  said  E.  P.  to  me,  [or  as  the  case  may  6e,]  beariue 

date  the day  of ,  one  thousand  eight  hundrea 

and  ,  and  registered  at ,  on  the -^day  of 

,  in  the  year in  Libro ,  Polio  ,  and 

that  such  mortgage  is  therefore  discharged.  As  witness 
my  hand  this day  of ,  one  thousand  eight  hun- 
dred and . 

(Signed)  A.  B. 

Witness,  E.  H. 
Effect  of  oertifl.      And   such   Certificate   shall  be   of  the  like  effect,  as  a 

release  executed  by  the  mortgagee,#or  his  representatives 

or  assigns,  to  the  mortgagor,  his  heirs,  executors,  adminii* 

trators  or  assigns. 
Mortgagee  mav      4.     Any  mortgagee  of  lands  and  tenements  so  sold,  or 
buy  at  «uch  laie,  |.Jjq  jj^j^.^  ^j.  aggjgns  of  such  mortgagee,  may  be  the  piir 

chaser  at  such  sale,  and  shall  acquire  the  same  estetd 
interest  and  rights  thereby  as  any  other  purchaaer. 


cate. 


TITLI  ZXIT.]    SAI.I  OF  LANDS  DHDEB  EXECUTION.  681 

5.  The  interest  of  the  part;  beneficially  intereeted  in  Chap,  104. 
laods  held  ia  troat  for  him,  may  be  taken  in  esecntioo  for  intarert  oi'a^ifn 
the  payment  of  bis  debts  in  the  same  manner  as  ii  he  were  ^7^"^^™*'  ^ 
seised  or  possessed  ot  anoU  lands.  JSudo?     "*" 

6.  EsecntioD  as  against  lands   may  iasue  at  any  time  BuecatioD 
within  six  years  from  the  signing  of  the   judgment,  with  5iS'?uipn^Sr 
ont  a  scire  /aciaa  or  leave  of  the  Court. 

7.  The  plaintiff  may  order  execution  to  be  levied  on  Fisinuit  mi; 
the  whole  or  any  portion  of  the  rettl  estate  lying  within  [StMof'^di*" 
any  county  or  district  where  the  judgment  is  registered  ""sf- 

as  provided  in  the  first  section. 

8.  Where  a  judgment  has  been  so  registered  for  the  Aturajwr 
period  ot  one  year,  and  no  levy  has  been  made  on  the  real  j°d^l^' 
estate  bound  thereby,  any  judgment  creditor  whose  jndg-^^,™^- 
ment  has  been  sabseqnently  registered,  may,  by  a  written 
oottce,  require  the  prior  judgment  creditor  to  levy  on  the 

real  estate  within  three  months. 

9.  If  the  prior  judgment  creditor  shall  not  levy,  the  UiweiTvprior 
party  giving  the  notice  shall  acquire  a  preference  over  the  prefeniMe. 
lodgment  creditor  to  whom  such  notice  has  been  given. 

W.     The  Sheriff  upon   receiving  such  execution,  shall,  Ludtbibe 
at  the  expiration  of  the  one  year,  levy  on  snch  lauds  with- Ji'JjJ^j^i^lJSr' 
ont  appraisement,  and  shall  cause  to  be  inserted  for  thirty  ^^•"J^'*;!' 
days  next  preceding  the  day  of  sale,  in  the  Boyal  Gazette  CaatuM- 
newspaper,  and  also,  except  in  the   County  of  Halifax,  in 
any  newspaper  which  may  be  published  in  the  county  or 
district  wherein  tbe  lands   are  situate,  an  advertisement 
containing  a  description  of  tbe  laods  directed  to  be  levied  oontenta  oi  id- 
on.  stating  that  such   lands  have  been   taken  in  execution  ^ 

at  the  suit  of  the  plaintiff  against  tbe  defendant,  the  time 
aod  place  fixed  for  such  sale,  and  having  appended  there- 
to the  names  of  the  Sheriff  and  the  attorney  of  the 
{Asiotiff. 

11.  The  Sheriff,  after  causing  copies  of  such  advertise-  **'*''?^S' 
Stent  to  be   posted  up  in   the   most  public  places  of  the  minibyhud- 
towDship  or  settlement  wherein  the  lands  lie,  for  at  least  ^^|'^^||^ 
tweoty  days  previous  to  the  time  appointed  for  the  sale, '''8'w«'M''i1«'- 
riwll  proceed  to  sell  tbe  same  at  public  auction  to  the 
Ugfaest  bidder. 

12.  If  the  defendant,  by  notice  in  writing  delivered  J>"'^^"™7 
to  tbe  Sheriff  at  least  ten  days  previously  to  the  eale,  >n;  pcrti^u 
require  that  certain  portions  of  the  land  so  advertised  bo  K^to^" 
first  sold,  the   Sheriff  shall    cause  the  same  to  be  first  put 

Qp  for  sale,  and  if  a  sufScient  sum  shall  be  realized 
therefrom  to  satisfy  the  execution,  interest  and  expenses, 
no  other  part  of  enefa  lands  shall  be  sold ;  otherwise  he 
shall  proceed  with  the  sale  of  tbe  remainder. 

13.  Tbe  Sheriff  shall  deliver  to  the  purchaser  a  deed  sbtriihitod, 
of  such  luids,  which  ehail  be  sufficient  to  convey  to  the'*""*"*- 


682  TE5ANC1B9,  BTC.  [PIBT  HL 

Chap.  105.  purchaser  all  the  interest  of  the  defendant  in  the  lands 

\ therein  described  subject  to  prior  encumbrances. 

^^^impttv«  14.  The  Sheriff's  deed  shall  be  presumptive  evidence 
tnuuferofd*-  of  the  defendant's  title  having  been  thereby  conveyed  to 
fend«f.tiue.    the  purchaser. 

Pn^tMr  tiwii  15.  Where  the  lands  so  convoyed  shall  be  in  the  pos- 
or  taBABte.  session  of  the  tenants  of  the  defendant,  the  purchaser 
shall  become  the  landlord,  and  shall  have  the  like  righto 
and  remedies  against  the  tenants  as  the  defendant  wonld 
have  had,  and  shall  be  entitled  to  all  rents  accruing  after 
such  purchase. 
surpiiMpiD-  16.    Where  the  sum  realized  by  such  sale  shall  be  more 

tSiaid^  ^b&u  sufficient  to  satisfy  the  execution  and  necessary 
toSSr^f  expenses  attendant  on  such  levy  and  sale  and  interest  on 
oonrt.  the  amount  of  the  judgment  from  the  date  thereof;  the 

surplus  shall  be  retained  by  the  Sheriff,  to  be  paid  to  such 
person  as  may  be  directed  by  an  order  of  the  Supreme 
Court  or  any  Judge  thereof, 
proTUonuto  17.  Titles  to  land  made  by  any  Sheriff  previous  to  tlie 
tiuwpriorto  tenth  day  of  April,  one  thousand  eight  hundred  and  forty- 
one,  shall  not  be  invalidated  by  any  irregularity  or  defect 
in  the  proceedings  prescribed  by  statute  for  the  sale  of 
real  estate ;  provided  the  party  shall  have  been  in  posses- 
sion of  the  land  one  year  at  least  before  such  date,  and 
shall  have  paid  the  purchase  money  to  the  Sheriff. 


CHAPTER  105. 

OP  TENANCIES  AND   OF    FORCIBLE  ENTRY    AND   DETAINER. 

Notice  to  qnii.        !•     When  any  house  or  tenement  is  let  by  the  year, 

5^J*o**"""  three  months  notice  to  quit,  before  the  expiration  of  the 

year,  and  when  by  the  month,  one  month's  notice,  and 

when  by  the  week,  one  week's  notice  shall  be  given  to  or 

by  the  tenant  in  possession  ;  and  such  notice  shall  be  good, 

though  the  day  on  which  the  tenancy  terminates  be  not 

named  therein. 

^^ou^StSS^     2.    In  cases  of  wrongful  and  forcible  entry  into  landsg 

bieentryand'  and  iu  cascs  of  Wrongful  detainer,  or  withholding  with 

party°£id°to     forco  after  possession  demanded,  and  also  when  the  lesseo 

^^'  or  sub-lessee  shall  illegally  hold  possession  after  the  detei^ 

mination  of  the  lease  and  demand  of  possession,  or  when 

entry  shall  be  made  on  lands  or  into  houses  or  baildiogii 

and  the  possession  is  withheld  from  the  part^  entitled,  m 

seven  days  after  notice  to  leave  and  possesaion  demude^* 


n.K  Xnv.]  ESCREATINO  LANDS.  583 

y  two  justices  residing  in  the  town  or  place  wherein  the  Cbap.  106- 

ids  lie,  on  complaint  oq  oath  being  made,  may  by  war-  ' 

at  cuase  the  person  so  in  poseession  to  be  arrested  and 

tfttned  in  custody  until  he  find  security  for  bis  appQftr- 

ce  to  answer  such  complaint  at  the  □exttermor  sittings  of 

3  Supreme  Court  in  tha  county,  and  to  pay  the  costs  of 

3  iroceedings  if  adjudged  against  him  ;  and  in  case   he 

all   not  find  security,  the  cause   shall   notwithstanding 

oceed,  and  such  complaint  and  all   proceedings  before 

ch  justices  shall  be  forthwith  fyled  by  them  in  the  Su- 

eme  Court, 

3.     No  such  warrant  shall   issue  where   the  party  com- in  wh»t ca»» 

lined  of  or  the  person  under  whom  ho  claims  has  been  rouliiio."*' 

quiet  possession  for  three  years  next  before  the  filing  of 

)  complaint ;  unless  in  cases  of  tenancy,  where  the  same  siceptioo. 

3  terminated. 

t.     The   plaintiff   shall   fyle  and   serve   his  complaint,  ^,;jjj^'*°  "* 

efly  stated  ;  and  the  defendant  shall,   within  fourteen  "w. 

rs  thereafter,  fyle  and  serve  notice  of  defence,  briefly 

.ted  ;  and  the  case  shall   be  tried   in  a  summary  way  iQ 

I  names  of  the   parties  and  as  a  civil  suit;  and  if  the 

nplaint  is  proved  to  the  satisfaction  of  the  Court  a  writ 

possession  shall  issue,  and  the  party  complaining  be  put  ''?^1^' 

possession  of  the  land  and  premises  within  ten  days  there-  ^v^. 

er.     The  Court  shall  have  power,  at  the  same  time,  to  ^J^^^,,_ 

srd  damages  for  such  forcible  entry,  and  in  case  of  a  or  onto  M.m« 

lant  overboldiug,  treble  rent  up  to  the  time  of  the  land- JS^,"™*^  "^ 

"d's  acquiring  possession,  at  the  rate  previously   paid  ; 

it  the  Court  may,  it  they  think  fit,  order  that  the  cause 

til  be  tried,  or  the  rent  or  damages  be  assessed  by  s 


CHAPTER  106. 

or  nCHRAT!NO  LANDS   PORPEITED   TO  THE  CROWN. 

L    The  Ck)vernor  in  Council  may  direct  the  Attorney  inqnutiot 

eneral  to  file  inqiie*ts  of  office  in  the  Supreme  Court  oi^be'^la^^ 

<J  county   where   the   lands   lie,    for   revesting  in  the 

vwu  lands  that  have  been  granted,  but  which  shall  have 

en  forfeited  to  the  Crown   in  whole  or  in   part  for  non- 

Ifilraent  of  the  conditions  in  the  grant. 

i.    A  notice  of  the  inquest,  with  a  brief  description  of  souce  of  in- 

i  lands  therein,  shall  be  published  in  the  Roy<d  Gazette,  J'i^'''"" 

least  twice,  and  posted    up  at   the  door  of  the  court 

iH«,  Ksd  is  at  least  five  other  public  places  in  the  coanty, 


584 


ESCHEATIKO  LANDS. 


[babt  m. 


Chap.  106. 


Penalty  in  case 
traant  neglects 
to  inform  land- 
lord of  notice, 
how  recovered. 


Pioeeedinga  in 
case  of  non-ap- 
pearance. 


Costa,  how  paid. 


Prooeedlnffs  in 
case  of  appear- 
ance and  plea. 

Oosts. 


Inf}ueitmay  in 
dude  several 
lots,  but  trials 
shaU  be  sepa- 
rate. 

Where  grant  in- 
cludes several 
Lots,  ftc.,  for- 
feiture of  each, 
how  incurred. 


Flea,  nature  of. 


Granting  of  es- 
ohoated  lands. 


during  the  period  of  three  months  before  the  commence- 
ment of  the  term ;  and  if  any  person  be  living  on  the 
lands,  or  in  actual  possession  and  cultivation  of  the  same, 
or  any  part  thereof,  a  copy  of  the  notice  shall  also  be^ 
delivered  to  hira. 

3.  If  any  tenant  shall  wilfully  neglect  to  give  informs- 
tion  of  the  notice  to  his  landlord,  in  case  he  shall  be  with- 
in the  Province,  or  to  his  known  attorney,  or  agent,  in 
case  he  shall  be  absent  therefrom,  he  shall  forfeit  a  som 
not  exceeding  four  hundred  dollars,  to  be  recovered  by 
the  party  injured. 

4.  Upon  proof  of  such  notice,  if  there  be  no  appear- 
ance and  plea  by  a  party  who  shall  be  entitled  to  traverse 
the  inquest,  the  Court,  upon  hearing  evidence  which  shall 
be  taken  in  writing  by  the  judge  in  the  usual  manner  and 
filed  with  the  Prothonotary,  and  being  satisfied  of  the  non- 
fulfilment  of  the  conditions  of  the  grant,  shall  give  judg- 
ment, re-vesting  the  lands  in  whole  or  in  part  in  the  Grown; 
whereupon  the  usual  costs  shall  be  taxed,  and  being  cer- 
tified by  the  judge,  shall  be  paid  out  of  the  Provmcial 
Treasury. 

5.  Should  such  appearance  and  plea  be  pot  in,  the 
cause  shall  be  tried  in  the  same  way  as  other  causes  at 
common  law:  if  judgment  pass  for  the  Grown,  the  defend- 
ant shall  be  liable  for  the  usual  costs ;  and  if  the  defend- 
ant succeed,  his  costs  to  be  taxed  in  like  nmnner  and  cer- 
tified by  the  judge,  shall  be  paid  by  the  Gommissioner  of 
Grown  Lands. 

6.  Any  number  of  lots  within  the  county  may  be 
included  in  the  same  inquest,  but  the  traverses  and  triab 
shall  be  separate. 

7.  Wl^re  one  grant  includes  several  lots,  or  where 
under  one  grant  separate  allotments  are  subsequently 
assigned  to  grantees  or  their  assigns,  the  liability  to  for- 
feiture of  each  lot  shall  depend  upon  the  performance  of 
the  conditions  in  respect  of  that  particular  Iot« 

8.  The  plea  traversing  the  inquest  shall  be  confined  to 
a  simple  denial  of  the  liability  to  forfeiture  under  the 
terms  of  the  grant,  and  of  this  Ghapter ;  and  no  other 
plea  shall  be  allowed  unless  by  special  leave  of  a  judge. 

9.  Land  so  escheated  shall  not  be  granted  to  any  person 
except  to  the  original  owner,  his  heirs  or  assigns,  before 
the  expiration  of  one  year  from  the  date  of  the  judgment 


b  zziv.]  distress  for  rent.  585 

Chap.  107. 
CHAPTER  107.  

OF     DISTRESS     FOR     RENT. 

Where  aDy  goods  are  distrained  for  rent  reserved  Ga>^  distrain- 
due  upon  any  lease  or  contract,  and  the   tenant  or  praised  u^ 
er  of  the  eoods  shall  not  within  five  days  next  after  S^llSr^^ 
distress  taken,  and  notice  thereof  with  the  can«e  of  ^«^°<>*'»- 
3g  served  upon  him,  or  left  at  the  most  conspicuous 
e  on  the  premises  charged  with  such  rent,  replevy  the 
3  with  security  to  be  given  to  the  Sherifi*;  the  landlord, 
the  Sheriff  or  his  deputy  or  a  constable,  who  are  re- 
ed to  aid  therein,  may  cause  the  goods  so  distrained  to 
ppraised  by  two  sworn  appraisers. 

After  the  appraisement  the  landlord  shall  sell  the  ooodatobesoid. 
Is^distrained  for  the  best  price  to  be  gotten  therefor,  pSid?8iiJpS  to 
irds  payment  of  the  rent  due  and  expenses  incurred  ;  J^^  '^' 
ing  the  surplus,  if  any,  in  the  hands  of  the  officer  for 
owner's  use. 

Sheaves  or  cocks  of  grain,  erain  loose  or  in  the<^^t*^« 

,.  ,  ®ii.i  •!  straw,  hay  in  a 

(v,  nay  in  a  barn  or  upon  a  hovel,  stack  or  rick,  or  upon  bam.  &c., how 

land  charged  with  such  rent,  may  be  locked  up  or^^'*'**"*^ 

ined  upon  the  premises  by  a  landlord  having  rent  in 

ar,  for  or  in  the  nature  of  a  distress,  until  the  same  shall 

eplevied  upon  security  to  be  given  as  above;  and  in 

ult  of  being  replevied  within  the  time  above  in  that 

tif  specified,  after  appraisement  made  in  like  manner, 

old :  but  the  same  shall  not  be  removed  out  of  the 

e  where  found  and  seized  by  the  distrainer,  to  the 

age  of  the  owner,  before  such  sale. 

Upon  any  pound-breach  and   rescue  of  goods  d is- Remedy  in  mse 
led  for  rent,  the  person  aggrieved  thereby  may  recover  JnJwsoue  of 
lamages  against  the  offender,  or  against  the  owner  of  «°°*^^"*'***"**' 
gpoods  distrained  if  the  same  be  afterwards  found  to 
)  come  to  his  use  or  possession. 

In  case  any  distress  and  sale  be  made  by  any  person  ^«°|fij?*?* 

M        t_  ••  1  nii^f*  distresa  for 

"enty  where  none  is  m  arrear,  the  owner  of  the  goods  rent,  where 
",  his  executors  and  administrators,  may,  by  suit,  o<>°®^»^*™"' 
a^inst  the  persons  distraining  or  either  of  them, 
>r  their  executors  or  administrators,  the  value  of  the 
b  distrained,  and  such  further  damages  as  the  jury 
award. 

.    Where  any  distress  shall  be  made  for  any  kind  o^SSS?*"^'^ 
jostly  due,  and  any  irregularity  or  unlawful  act  shall  to^J^dc^dia- 
ulennrardt  done  bv  the  party  distraining  or  by  his*'^'*"^'^^ 
riL  ike  distress  itself  shall  not  be  therefore  deemed  to 
pivMfidi  nor  the  party  making  it  deemed  a  trespasser  j^^^  ^ 
'M^-jf  fit  tlM  person  aggrieved  by  such  unlawful  act  or  party  acgrieved 


586  DISTRESS  FOR  RBNT.  [PART  Ul. 

Chap.  107.  irregolarity  may  recover  full  satisfaotion  for  the  special 

damage  he  shall  have  sustained  thereby,  and  no  more: 

ProTiw.  Provided,  nevertheless,  that  no  tenant   or  lessee   shaD 

recover  in  any  action  for  any  such  unlawful  act  or  irre- 
gularity as  aforesaid,  if  tender  of  amends  shall  have  been 
made  by  the  person  distraining  or  his  agent  before  soch 
action  brmght. 
oo«d8not  7.    No  goods  being  upon  any  messuage  or  tenement 

moved undeT  leased  shall  be  liable  to  be  taken  by  virtue  of  any  ezecn- 
rSnSw.bUt  *ion,  unless  the  party  at  whose  suit  the  execution  is  sued 
»^tow^^^one  out  shall  before  removal  of  such  goods  from  oflF  the  pre- 
±c.  '   raises  pay  the  landlord  or  his   bailiff  at  least  one  year's 

rent  thereof,  if  so  much  is  in  arrear  and  due;  and  if  the 
rent  be  not  actually  due  then  a  rateable  part  thereof  up  to 
the  levy  of  the  execution.  If  the  arrears  exceed  one  year's 
rent  of  the  premises,  then  upon  payment  to  the  landlord 
or  his  bailiff  of  one  year's  rent,  the  execution  creditor  may 
proceed  to  execute  his  judgment  as  in  other  cases;  and 
the  Sheriff,  his  deputy  or  other  oflScer  is  required  to  levy 
and  pay  to  the  execution  creditor,  as  well  the  money  so 
paid  for  rent  as  the  execution  money. 
Good*  fmadu-        8.     In  case  any  lessee  of  any  messuage,  lands  or  tene- 

lentlj  removed  .  xij*  ir  *.  j 

to  avoid  distress  men ts,  upou  the  oemise  whereof  any  rents  are  reserved, 

JSuiivwIdiS'*'  shall  fraudulently  or  clandestinely  convey  from  such  demi* 

Srf^^in^     sed  premises  his  goods,  with  intent  to  prevent  the  landlord 

twenty-one        distraining  the  same  ;   such  landlord,   by  himself  or  his 

^  servants,  may  within  twenty-one  days  then  next  ensuing 

such  conveying  away,  seize  such  goods  wherever  found  as 

a  distress  for  such  arrears  of  rent,  and  dispose  of  the  same 

as  if  they  had  been  distrained  upon  the  premises,  unless 

such  goods  shall  have  been  sold  in  good  faith  and  for  a 

valuable  consideration  before  such  seizure,  in  which  case 

the}'  shall  not  be  liable  to  a  distress. 

BentwMTved         9,     Rent  in  arrear  and  due  upon  a  lease  fur  life  or  lives, 

upon  lease  for  ,  i  »  x*         •      zi  •/»  j 

life  recovered  as  may  bc  rccovered  by  action  in  the  same  way  as  if  reserved 

in  other  oases.      ^p^^  ^  ^^^^^  f^^  ^.^^^^ 

Bent  distrained       10.     Rent  iu  arrear  and  due  upon  a  lease  for  life  or 

moiuh?ift?r'^de-  Hvos,  or  for  years  or  at  will,  ended  or  determined,  may  be 

{^j^*^?^    distrained  for  after  such  determination,  in  the  same  way 

<»««»•  as  if  such   leases  were  not  determined;  if  such  distress 

be  made  within  six  months  after  such  determination,  during 

the  continuance  of    the   landlord's  title   or  interest  ana 

during   the    possession   of   the   tenant   from   whom   such 

arrears  are  due. 

^TiY^r^'i^^"       11'     Executors   or  administrators   of  a    landlord   may 

may  distrain         j*    *.      •  i        i       i         •        i    «•  .n     /•  * 

Cor  rent  due  de-  clistrain  upou  iands  demised  lor  a  term  or  at  will,  for  rent 

^atou^.  °    due  in  his  lifetime,  and  such  rent  may  be  distrained  for 

after  the  determination  of  such  term  or  lease  at  willy  m 

the  same  manner  as  if  such  term  or  lease  had  not  beM 


nTLB  zzv.]  TBeara  and  tbdbtees.  587 

9Dded  or  determined ;  but  tlie  diBtress  in  each  case  mnet  Chap.  IOC 
>e  made  withic  six  moeths  next  after  the  determiDatioii  ot 
mch  term  or  lease  and   during  the  cpntinuance  of  the 
XMseuioD  of  the  tenant  from  whom  s«ch  rent  is  due. 

12.  A  landlord  or  his  bailiff  may  seize  as  a  diatrexa  for  ^^•^• 
trrears  of  rent  any  cattle  or  stock  of  hie  tenant  fedding  tduBudiMnL 
ipon  any  common  belonging  to  any  part  of  the  premises 
lemised,  and  may  also  seize  all  sorts  of  oorn,  grain,  grass, 
lops,  roots,  fruits,  pulse  or  other  product  growing  on  any 
lart  of  the  premises  demised,  as  a  distress  tor  arrears  of 
eat,  and  may  cut,  gather,  cure,  carry  nnd  lay  them  up 
rben  ripe  in  barns  or  other  places  on  the  premises  so 
lemised. 

IS.     In  case  there  is  no  barn  or  proper  place  on  the  ***J''*''*^^ 
remiaAB  for  receiving  the  same,  then   be  may  cause  the  »bM?Ar.. 
una  to  be  placed  in  any  barn  or  proper  place  to  be  pro-  "i™"  p"""**- 
ared  as  near  as  may  be  to  the  premises,  and  in  convenient 
ime  shall  appraise  and  dispose  of  the  same  towards  satis- 
MtioD  of  the  rents  and  the  charges  of  such  distress  as  in 
tber  cases.     The  appraisement  shall  be  made  after  the 
rop  is  cnt,  cured,  and  gathered,  and  not  before. 

14.     Notice  of  the  place  where  the  gonds  so  distrained  '"""h^^jJU^V 
rs    deposited,   shall   within   one  week  after   their   being  whaiiu(^io<r 
o  deposited,  be  given  to  the  tenant  or  left  at  bis  last  place  ^''™' 
f abode. 


TITLE   XXV. 

W  PROVISIONS  AS  TO  CERTAIN  SPECIAL  CASES. 
CHAPTER  108. 

OF    TBUBTS    AND    TRUSTEES. 

1.  The  several  words  hereinafter  named  are  herein 
ised  and  applied  as  follows  respectively,  that  is  to  say  : 

The  word  "  cteise'l  "  shall  be  applicable  to  any  vested 
state  for  life,  or  of  a  greater  description,  and  shall  extend 

>  estates  at  law  or  in  equity,  in  possessioD  or  ia  expect- 
acy,  in  any  lands. 

The  word  '■  possessed"  shall  be  applicable  to  any  vested 
itate  less  than  a  life  estate  at  law,  or  in  equity,  in  posses- 
00,  or  in  expectancy,  in  any  lands.  *■ 

The  words  '■  trust"  and  "  trustee"  shall  extend  to  and, 
iclade  implied  aod  constructive  trusts,  and  shall  extend 

>  «nd   iaclnde  cases  where  the  trustee  has  some  bene- 
r  iaterest  in  the  subject  of  the  trast. 


588  TRUSTS  AND  TRUSTEES.  [PART  IIL 

Chap.  108.     The  terms  "  the  Supreme  Court,"  and  "  the  Court,"  sbsil 

Bupreme  court,  mean  the  Court  of  the  Equity  Judge,  or  the  Judge  in 

ooart.Ac.      '  Equity,  or  the  Court  or  Judge  exercising  occasionally  the 

iunctions  of  that  Couft,  except  when  otherwise  expressed  or 

clearly  indicated. 

oo^mctiwnof      All  Other  words  not  hereinbefore  defined,  but  hereio- 

ftMd.  °^  after  used,  shall  be  construed,  as  nearly  as  may  be,  in  the 

sense  in  which  corresponding  words  are  defined  in  the 

English  '» Trustee  Act  of  1850." 

SiSS^,°ci>St*°*     2.     Where  any  infant  shall  be  seised  or  possessed  of  any 

mg^nike        lauds  upou  any  trust  it  shall  be  lawful  for  the  Supreme 

Court  to  make  an  order  vesting  such  lands  in  such  person 

in  such  manner  and  for  such  estate  as  the  Court  shall 

direct ;  and  the  order  shall  have  the  same  effect  as  if  the 

infant  trustee  had  been  twenty-one  years  of  age,  and  had 

duly  executed  a  conveyance  or  assignment  of  the  lands  in 

the  same  manner  and  for  the  same  estate. 

S  *SSdirtk)n        ^'     When  any  person  solely  seised  or  possessed  of  any 

court  may  make  lauds  upou  any  trust,  shall  bo  out  of  the  jurisdiction  of  the 

«uch  order.        Qq^y^^  q^  canuot  be  found,  it  shall  be  lawful  for  the  Court 

to  make  an  order  vesting  such  land  in  such  person  in  such 

manner  and  for  such  estate  as  the  Court  shall  direct ;  and 

the  order  shall  have  the  same  effect  as  if  the  trustee  bad 

duly  executed  a  conveyance  or  assignment  of  the  lands  in 

the  same  manner  and  for  the  same  estate. 

u  joint  tmstee       4,     When  any  person  shall  be  seised  or  possessed  of  any 

i«  out  of  juris-      ,       J      .    .     .,  X,  ^  ^       r   xi-       •       •    J"    i."  p  aU 

diction.  lands  jointly  with  a  person  out  of  the  jurisdiction  oi  the 

Court  or  who  cannot  be  found,  it  shall  be  lawful  for  the 
Court  to  make  an  order  vesting  the  lands  in  the  person 
soj'ointly  seised  or  possessed,  or  in  such  last  mentioned 
person,  together  with  any  other  person,  in  such  manner 
and  for  such  estate  as  the  Court  shall  direct ;  and  the 
order  shall  have  the  same  effect  as  if  the  trustee  out  of  the 
j'urisdiction,  or  who  cannot  be  found,  had  duly  executed  a 
conveyance  or  assignment  of  the  lands  in  the  same  man- 
ner and  for  the  same  estate. 

Sto^hich^"^'       5.     Where  there  shall  have  been  two  or  more  persons 

trustee  was  BUT-  jointly  seisod  or  possessed  of  any  lands  upon  any  trust, 
and  it  shall  be  uncertain  which  of  such  trustees  was  the 
survivor,  the  Court  may  make  an  order  vesting  such  lands 
in  such  person  in  such  manner  and  for  such  estate  as  the 
Court   shall   direct ;  and   the   order  shall  have  the  same 
effect  as  if  the   survivor  had   duly  Executed  a  convey* 
ance  or  assignment  of  the  lands  in  the  same  manner  and 
for  the  same  estate. 

In  case  it  Is  not       6.     Where  any  one  or  more  persons  shall  have  ban 

known  whether         -j  jr  i^  xa.^Sa. 

trosteeiast       seisoQ  or  possessod  of  SUV  lauds  upon  any  trust,  ana  n 

S^du  """^    »^»"  oot  be  known,  as  to  the  trustee  last  known  to  have 

been  seised  or  possessed,  whether  he  be  living  or  deftd|th0 


TITJt  ZIT.]  TBDSTS  AND  TaUSTEBB,  689 

Joart  may  make  an  order  vesting  such  lands  in  snch  per-  Chap,  108. 

ion,  in  aoch  manner  and  lor  such  estate  as  the  Court  shall ' 

Hrect;  and  the  order  shall  have  the  same  effect  as  if  the 
ast  trnstee  had  duly  executed  a  conveyance  or  assignment 
>f  the  Inpdsin  the  siime  manner  and  for  the  same  estate. 

7.  When  any  person  seised  of  any  lands  upon  any  in oue  tnuta 
:rast  shall  have  died  intestate  as  to  such  lands  without  an  tuh^t^b^n 
leir,  or  shall  have  died,  and  it  shall  not  be  known  who  is  J;^''^"^^''*" 
ilia  heir  or  devisee,  the  Court  may  make  an  order  vesting 

lucti  lands  in  such  person  in  such  manner  and  for  such 
sstate  as  the  Court  shall  direct ;  and  the  order  shall  have 
the  same  effect  as  if  the  heir  or  devisee  of  such  trustee 
liad  duly  executed  a  conveyance  of  the  lands  in  the  same 
manner  and  for  the  eamu  estate. 

8.  Where  any  person  iointly  or  solely  seised  or  pos-mMsetnuwe 
leesed  oi  any  lauds  upon  any  trust  shall,  after  demand,  by  to  pHvinen^ 
k  person  entitled  to  require  a  conveyance  or  assignment  """^ 
thereof,  or  his  lawful  agent,  have  stated  in  writing  that  he 

ivill  not  convey  or  assign  the  same,  or  Bbail  neglect  or 
refuBo  to  do  so  for  twenty-eigk  days  next  after  a  proper 
deed  for  that  purpose  shall  have  been  tendered  to  him,  it 
iholl  be  lawful  for  the  Court  to  make  an  order  vesting 
such  lands  in  such  persons,  in  such  manner  and  for  such 
estate  as^the  Court  shall  direct;  and  the  order  shall  have 
the  same  effect  as  if  the  trustee  bad  duly  executed  a  cod> 
reyaDce  or  assignment  in  the  same  manner  and  for  the  same 
ntate. 

9.  Where  lands  subject  to  a  trust  have  been  or  shall  be  ia<>>Miuid 
MDVertud  into  money  by  the  operation  of  any  lawrelatingwni^Ud^ 
!o.  railways,  such  money  shall  be  considered  as  land  for  the  y"^?  Liirlfw^* 
parposea  of  this  Chapter,  and  shall  be  dealt  with,  as  nearly  1;^'°^  ^  '*"■ 
m  may  be,  in  conformity  with  the  provisions  thereoi.  ^' 

10.  In  every  case  where  the  Court  shall,  under  this  courtm»y«p- 
[Jfaspter,  be  enabled  to  make  an  order  having  the  effect  of  ?^a-nj!'"°° 
kOODreyanco  or  assignment  of  any  lands,  it  shall  be  law- 

hl  for  the  Court,  should  it  be  doemed  more  convenient,  to 
make  an  order  appointing  a  person  to  convey  or  assign 
iBcb  Inndij ;  und  tho  conveyance  or  assignment  of  the  per-  BBect  or  con- 
ion  80  appointed  shall,  whea  in  conformity  with  the  terms  ™^'""- 
»f  the  order  by  which  he  is  appointed,  have  the  same 
■ITect  in  convoying  or  a^i^iguing  the  lands  as  an  order  of 
be  Court  would,  in  the  particular  case,  have  had  uuder 
his  Chapter. 

11.  An  order  undor  iiny  of  the  hereinbefore  contained  ^^JJ^"*^ 
■rovisiona  ooiicerniiig  i\ny  lands  subject  to  a  trust,  may  be  tion  ordar. D»y 
3ade   upon   the   application   of   any    person    beneficially     °* 
Interested  in  such  lands,  whether  under  any  disability  or 

«t,  or  upon  the  application  of  any  person  duly  apfKjinted 
B  a  troatee  thereof. 


690  TRUSTS  A17D    TRUSTEES.  [PART  HI. 

Chap.  108.      12-     Where  any  person  shall  deem  himself  entitled  to 
pewon  applying  ^^  ofdor  ffom  the  Couft  onder  this  Chapter,  he  may  ezhi- 
'^**^flcAto**"  ^^^  before  any  one  of  the  masters  of  the  Court  a  statement 
or  master.        of  the  fscts  whoroon  8uch  order  is  sought  to  be  obtained, 
and  adduce  evidence  in  support  thereof;  and  if  such  evi- 
dence shall  be  satisfactory  to  the  master,  he  shall  give  a 
certificate   under  his  hand   of  the   several  material  (acts 
found  by  him  to  be  true,  and  of  his  opinion  that  such  per- 
son is  entitled  to  an  order  in  the  form  set  forth  in  snch 
certificate. 
Motion  thereon.      13.     Any  persou  who  shall  have  obtained  such  certifi- 
cate, may  apply  by  motion  to  the  Court  for  an  order  to  the 
effect  set  forth  in  such  certificate,  or  for  such  other  order 
as  such   person  shall  deem  himself  entitled   to  upon  the 
facts  found  by  the  master. 

*^ition^^V^ffl  ^'^'  ^^^'  person  so  entitled  to  apply  for  an  order  may, 
davit.  ^  'should  he  so  think  fit,  present  a  petition  in  the  first 
instance  to  the  Court  for  such  order  as  he  may  deem  him- 
self entitled  to,  and  may  give  evidence  by  afiidavit  or 
otlierwise  in  support  of  sudw  petition  before  the  Court,and 
may  serve  such  person  as  he  may  deem  entitled  to  ser- 
vice thereof. 
JJ^j^gJ^9j  15.     The  Court  may,  upon  the  hearing  of  such  petition, 

petiuon,  *c.  direct  a  reference  to  a  master  to  inquire  into  ^ny  facts 
which  require  i.uch  an  investigation,  or  the  Court  may 
direct  such  motion  or  petition  to  stand  over,  to  enable 
the  petitioner  to  adduce  evidence  or  further  evidence 
before  the  Court,  or  to  enable  notice  or  further  notice  of 
such  motion  or  petition  to  be  served  upon  any  person. 
Coats.  16.     Upon    the    hearing  of   such    motion    or   petition, 

whether  any  certificate  or  report  of  a  master  shall  have 
been  obtained  or  not,  the  Court  may  dismiss  such  motion 
or  petition  with  or  without  costs,  or  make  an  order  there- 
upon, in  conformity  with  this  Chapter, 
whenfacts  17.     Whensoever,  either  by  the  evidence  or  the  admis- 

proved,  court  .  n.i  ,•!  ./•  .  ■«. 

may niakeorder.  sions  01  tho  parties  or  by  a  report  of  a  master,  the  facts 
necessary  for  an  order  under  this  Chapter  shall  appear  to 
the  Court  to  be  sufliciently  proved,  the  Court  may,  either 
upon  the  hearing  of  the  cause  or  of  any  petition  or  motion, 
make  such  order  under  this  Chapter. 

Srl^r '°^P^®*^/       18.     Whenever  any   order   shall   be   made  under  this 

on  allegation  of    rii         ,  r.        i.i  r  •  -        .   "* 

incapacityorab- (Jnapter  lor  tlio  purDoso  ot  conve\'inff  or  assisruinfir  anV 

sjenceof  trustee    i         i  j  t  j  i      n   i         r  j     j  ii  V  %• 

to  be  evidence  of  lauus,  and  sucli  oroor  shall  be  lounded  on  an  allegation  of 
matter  alleged,   ^[^q  personal  incapacity  of  a  trustee,  or  on  an  allegatioi^ 
that  a  trustee  is  out  ot  the  jurisdiction  of  the  Court, 
cannot  be  found,  in  such  case  the  fact  that  the  Court  I 
made  an  order  upon  such  an  allegation,  shall  bo  ooncla- 
sive  evidence  of  the  matter  so  alleged  in  any  court  of 
or  equity  upon  any  question  as  to  the  legal  validity  of  th*  '^ 


TICLB  ZZT,]  TROSTB   AND   TBUBTEES.  691 

order:  provided  that  oothing  herein  contained  shall  pre-  Chip.  108. 
▼eat  tlie  Court  directing  a  re-conveyance  or  re-aasignment  oouii  dm*  dT" 
of  any  lands  conveyed  or  aasigoed  by  any  order  under  thia  "at  rraonT- 
Chapter',  and  it  shall  be  lawful  tor  the  Court  to  direct  any  ^t*Dt  wSiof 
of  the  partins  to  any  suit  concerning  such  landa  to  pay  °^^uin«^''^ 
any  costs  occaaioned  by  the  order  under  this  Chapter,  when 
the  same  shall  appear  to  have  been  inaproperly  obtained. 

19.  When,  in  any  suit  in  such  Court,  it  ahull  be  made  to  Prnssdingi 
appear  by  affidavit  that  diligent  senrch  and  inquiry  has  aao(>t12!t^red 
been  made  after  any  person  made  a  defendant,  who  is  only '"'  '"*'*■ 

a  trustee,  to  serve  him  with  the  process  of  the  Court,  and 
that  he  cannot  be  found,  it  shall  be  lawful  for  the  Court  to 
hear  and  determine  such  cause,  and  to  make  an  absolute 
decree  thnrein  against  every  poraon  who  shall  appear  to 
them  to  he  only  a  trnateo,  and  not  otherwise  concerned  in 
interest  in  the  matter  in  question,  in  the  same  manner  as 
if  Bucb  trustee  had  been  duly  served  with  proceaa,  and 
bad  appeared  and  filed  his  answer  thereto,  and  had  also 
appeared  by  his  counsel  and  solicitor  at  the  hearing  ot  such 
caose :  provided  always  that  no  such  decree  shall  bind  any  Fro<i». 
person  against  whom  the  same  shall  be  made  without  ser- 
vice of  process  upon  hira,  for  or  in  respect  of  any  estate  • 
or  interest  which  such  person  shall  have  at  the  time  of  the 
making  of  such  decree  for  his  own  use  or  benefit,  or  other- 
wise than  as  a  trustee. 

20.  Any  person  shall  have  power  to  assign  personal  Aut^cntoi 
property  now  by  law  assignable,  including  chattels  real,  ^StJ.    ''^ 
directly  to  himself  and  another  person  or  persons  or  cor- 
poration, by  the  like  means  as  he  might  assign  the  same  to 
another. 

31.    The  bonA^e  payment  to,  and  the  receipt  by,  any  ^^^^ 
^rson  to  whom  any  purchase  or  mortgage-money  shall  be  mongaa« 
payable,  upon  any  express  or  implied  trust,  shall  effect-""™'' 
Daily  dischiirge  tlte  person  paying  the  same  from  seeing  to 
tk«  application,  or  being  answerable  for  the  misapplication 
thereof;  unless  the  contrary  shall  be  expressly  declared  by 
Ule  instrument  creating  the  trust  or  security, 

22.  No  trustee,  executor,  or  administrator,  making  any  ^^°'^^" 
payment,  or  doing  any  act  banA  fide  under  or  in  pursuance  toruf. 
of  any  power  of  attorney,  shall  be  liable  for  the  money  so 
paid,  or  the  act  so  done,  by  reason  that  the  person  who 
gave  the  power  of  attorney  was  dead  at  the  time  of  such 
payment  or  act,  or  bad  done  ?ome  act  to  avoid  the  power. 
Provided,  that  the  fact  of  the  death,  or  of  the  doing  of 
such  act  at  last  aforesaid  at  the  time  of  snch  payment  or 
act  hona  fide  done  as  aforesaid  by  such  trustee,  executor, 
»  adniioistrator,  was  uot  known  to  him  :  provided  also  that 
Nothing  herein  contained  shall  in  any  manner  affect  or 
prejudice  the  right  of  any  person  entitled  to  the  money 


592  TRUSTS  AND  TRUSTEES.         [PABT  IH. 

Chap.  108.  against  the  person  to  whom  such  payment  shall  have  been 

made,  but  that  such  person  so  entitled  shall  have  the  same 

remedy  against  such  person  to  whom  such  payment  shall 
be  made  as  he  would  have  had  against  the  trustee,  ex* 
ecutor,  or  administrator,  if  the  money  had  not  been  paid 
away  under  such  power  of  attorney. 
£!Sab""exeOT-      ^^'     ^'*®r®  ^^   executor  or  administrator   shall   have 
tor  or  adininis-  givou  sucli  or  the  like  uoticos,  as  in  the  opinion  of  the 
tmior.  court  in  which  such  executor  or  administrator  is  sought  to 

be  charged,  would  have  been  sufficient  in  the  Court  of 
Probate,  for  creditors  and  otliers  to  send  in  to  the  executor 
or  administrator  their  claims  against  the  estate  of  the 
testator  or  intestate,  such  executor  or  administrator  shall, 
at  the  expiration  of  the  time  named  in  the  said  notices,  or 
the  last  of  the  said  notices  for  sending  in  such  claims,  be 
at  liberty  to  distribute  the  assets  of  the  testator  or  intes- 
tate, or  any  part  thereof,  amongst  the  parties  entitled  there- 
to, having  regard  to  the  claims  of  which  such  executor  or 
administrator  has  then  notice,  and  shall  not  be  liable  for 
the  assets,  or  any  part  thereof,  so  distributed  to  any  person 
of  whose  claim  such  executor  or  administrator  shall  not 
-  have  had  notice  at  the  time  of  distribution  of  the  said 
assets  or  a  part  thereof,  as  the  case  may  be ;  but  nothing 
in  this  Chapter  contained  shall  prejudice  the  right  of  any 
creditor  or  claimant  to  follow  the  assets,  or  any  part  there- 
of, into  the  hands  of  the  person  or  persons  who  may  have 
received  the  same  respectively. 
uiSlliimtefi  u"""      '^'^-     ^^^ry  deed,  will,  or  other  instrument  creating  a 
mont-ys  actually  trust  either  expressly  or  by  implication,  shall,  without  pre- 
judice to  the  clauses  actually  contained  therein,  be  deemed 
to  contain  a  clause  in  the  words  or  to  the  effect  following, 
that  is  to  say :  "  That  the  trustees  or  trustee  for  the  time 
being,  of  the  said  deed,  will,  or  other  instrument  shall  be 
respectively   chargeable   only   for   such  moneys,   stocka, 
funds,   and  securities  as  they  shall  respectively  actually 
receive,  notwithstanding   their   respectively   signing  any 
receipt  for  the  sake  of  conformity,  and  shall  be  answerable 
and  accountable  only  for  their  own  acts,  receipts,  neglects 
or  defaults,  and  not  for  those  of  each  other ;  nor  for  any 
bank,  banker,  broker,  or  other  person  with  whom  any  trust 
moneys  or  securities  may  be  deposited  ;  nor  for  the  insaf* 
ficiency  or  deficiency  of  any  stocks,  funds,  or  securities^ 
nor  for  any  other  loss,  unless  the  same  shall  happen  throngb 
their  own  wilful  default  respectively;  and  also  that  it  may 
be  lawful  for  the  trustees  or  trustee  for  the  time  being  w" 
the  said  deed,  will,  or  other  instrument,  to  reimburse  them- 
selves or  himself,  or  pay  or  discharge  out  of  the  trast 
premises  all  expenses  incurred  in  or  about  the  ezeoatioa 
of  the  trusts  or  powers  of  the  said  deed,  will|  or  other 
instrument." 


:RL>  ZXT.]  T&DBI8  ASD  TBOSTEEB.  5|9 

25.  Under  ftQ  order  to  bo  obtained  from  the  ConrtofCHAP,  108. 
Sqoitv  DpoD  groaoda  laid  to  tbe  satisfoction  of  the  Court,  i^^g^_  "gnuw" 
t  sboll  be  lawtol  for  traBteea,  guardians,  and  others  s^'^*^- ^^^jJf" 
og  IS  a  fiduciary  relation,  to  mortgage  real  estate  or  por-mauforra- 
4aQa  thereof  for  the  parpose  of  putting,  keeping  and''*'"' 
oaiotainiDg  the  same  in  proper  repair.     And  mortgages 

to  made  shall  operate  as  securities  to  the  holders  in  the 

lame  way  and  to  tbe  same  exteutas  if  made  by  the  parties 

prboae  interests  are  represented  by  the  mortgagors.     Pro-^^^tnujriv- 

rided  that  the  Coart  shall  have   power  to  apportion  the^rr^^L^ 

ibarge  for  repairs,  including  interest  on  the  snm  borrowed, 

a  ftnd  among  the  parties  interested  in  the  property,  as 

luy  be  just  and  equitable. 

26.  When  any  person  shall,  noder  this  Chapter,  apply  ^^wgjj'^ 
;o  a  master  in  the  first  instance,  aud  adduce  erideooe  for  nA;ordBiiw 
ibtftiniog  a  certiScate  as  foundatioo  for  an  order,  the  mas- ^on'ordi^^ 
iflp  may  order  service  of  such  application  on  any  person,  """"'■■ 

)r  diamisM  it,  and  direct  the  costs  of  any  person  nonse- 
iqeot  thereon,  when  taxed  by  a  judge,  to  be  paid  by  the 
ipplioant;  and  all  orders  of  a  master  under  tois  Chaptererdn,i»wBii. 
iQslI  be  enforced  by  execution  when  directed  by  a  judge. 

37.     Tlie  Court  may  order  tbe  coats  and  expenses  of, o°i">™7OTdw 
lod  relating  to  the  petitions,  orders,  directiooa,  convey- ^'^%Kn£^ 
uces,  and  assignments,  to  be  made  in  pursuance  of  this"''" 
Qbapter,  or  any  of  them,  to  be  paid  and  raised  ont  of,  or 
tropi  the  lands  or  tbe  rents  or  produce  thereof,  in  respect 
}f  which  tbe  same  respectively  shall  be  made,  or  in  saoh 
manner  as  tbe  Court  shall  think  proper. 

28.  Upon  any  petition,  under  this  Chapter,  to  the  Court,  oon^  import- 
t  shall  be  hiwful  for  the  Court  to  poatpone  making  any  ^t  otntu 
jrder  upon  such  petition  until  the  right  ot  the  petitioner  ^^t*""™' 
ihall  ba?e  been  daclared  iu  a  suit  duly  inetitnted  for  that 
purpose. 

29.  In  cases  where  real  estate  has  been,  or  shall  here'^i>p°'°<™Dtof 
after  be,  conveyed  in  trust  for  erecting  thereon  houses  for  otaonh lud*. 
pabtic  worship,  or  dwelling  or  other  houaes  or  bnildiogSm^i^^.'' 
lotended  for  tlie  accommodation  of  ministers  of  the  Goapel''^'"- 

or  olergyraen  ofSciating  or  engaged  to  officiate  for  any 
dmrch  or  coogrugatioQ  ot  Christiana,  and  the  mode  ot 
Bppointiog  new  or  other  trustees  than  the  grantees  is  prch 
tnded  for  in  the  deed  of  conveyance  creating  such  trust, 
or  otherwise  in  writing;  when  a  vacancy  shall  oocnr  by 
resAOD  of  the  death,  removal,  resignation  or  displacement 
^f  any  trustee,  it  shall  not  be  held  neceaaary  that  the 
remaining  or  surviving  trustee  or  trusteea,  if  any,  shall 
luke  or  shall  have  made  any  deed  or  conveyance  to  the 
aewly  appointed  traetee,  in  order  to  invest  bim  with  tbe 
Mtate,  functions,  tnuts  and  powers  of  the  oriEiDal  trustees 
aader  sooh  deed  or  deolnratioD  of  trust  or  instnimeDt  iD 


594  TRUSTS  AND   TBUSTEES.  [PABT  m. 

Ohap.  108.  writing  creating  such  trust  and  directing  the  appoiotment 

' of  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  appoint- 
ment are  duly  complied  with. 
meotnS?SSJi-  ^^*  Whenever  the  mode  of  appointing  new  or  other 
dedfw.  trustees  than  the  grantees  is  not  provided  for  in  the  deed 

of  conveyance  creating  such  trust  or  otherwise  in  writ 
ingy — when  a  vacancy  shall  occur  by  reason  of  the  death, 
removal,  resignation  or  displacement  of  any  tmstee,— it 
shall  be  lawful  for  the  members  of  the  church  or  congre- 
gation for  whose  use  or  in  trust  for  whom  the  said  property 
was  conveyed,  from  time  to  time,  as  occasion  shall  require— 
at  any  meeting  convened  after  public  notice  thereof  Irom 
the  pulpit  of  the  church  for  two  consecutive  Sundays  pre- 
ceding such  meeting  or  by  printed  notices  posted  in  one 
or  more  conspicious  places  in  and  about  the  bouse  of  pab- 
lie  worship  ot  such  church  or  congregation  for  such  two 
preceding  Sundays,  which  published  or  printed  noticei 
shall  state  the  place  and  hour  of  such  meeting  and  the 
object  for  which  the  same  is  convened, — ^by  any  resolution 
passed  by  not  less  than  two-thirds  of  the  members  present, 
at  such  meeting  to  appoint  one  or  more  trustees  in  place 
of  any  trustee  or  trustees  dying,  removing,  resigning  or 
being  displaced  as  aforesaid,  in  whom  the  trusts  and 
powers  of  the  original  trustees  under  such  deed  or  decla* 
ration  of  trust  or  instrument  in  writing  containing  such 
trust  shall  immediately  vest,  and  who  shall  thereupon 
become  seised  in  fee  or  other  estate  to  the  uses  and 
trusts,  as  were  the  original  grantees  under  the  deed; 
provided  always  that  a  copy  of  such  resolution,  verified 
under  the  oath,  before  a  justice  of  the  peace,  of  the  pastor 
or  clerk  for  the  time  being  of  such  church  or  congrega- 
tion, shall  be  filed  with  the  Clerk  of  the  Peace  for  the 
county  where  such  real  estate  is  situate  within  one  moDtb 
after  the  passing  of  such  resolution.  In  default  of  the 
filing  of  such  resolution,  all  acts  done  thereunder,  and  all 
estates  created  thereby,  shall  determine  and  be  void  and  of 
none  effect. 


.t' 


i  abbitbation.  595 

Chap.  109. 
CHAPTER    109. 

OP  ARBITRATION. 

power  of  arbitrators,  appointed  undena  rule  orfo^wo'a^w- 

^         ^    .    .  .     ^-     X     '.Wi        iji    1      trators,  when 

containing  an   agreement  ttiat  it  should  be  irrevocable : 
e  of  the  Supreme  Court,  shall  be  irrevocable,  iS^thSefOT* 
Jourt  or  a  judge  shall  otherwise  order ;  and  the  a^*'*- 
.  judge  may  enlarge   the   time  for  making  an 
eunder. 

ly  case  referred  to  arbitration,  whether  by  rule  Attendanoeof 
otherwise,  the  arbitrators  shall  have  power  toenforoed.' 
enas  for  the  attendance  of  witnesses  before  them 
)  or  place  therein  named;  and  any  person  onPanishmentfor 
such  subpoena  shall  have  been  served,  and  who  gibJlJ^a °**  **' 
3een  tendered  such  fees  for  travel  and  attend- 

fixed  by  law  for  witnesses  in  the  Supreme 
[  be  liable,  in  case  of  disobedience  of  such  sub- 
le  same  punishment  and  liabilities  as  if  the  said 
id  issued  from  the  Supreme  Court  for  the  at- 
f  the  witness  at  a  trial  therein, 
erson  shall  be  compelled  to  produce,  under  any  Prodnotion  of 

\  AX  1.1  ij  .  documents :  wll- 

3r,  any  writing  or  document  that  he  would  not  ness  need  not 

3d  to  produce  at  a  trial,  nor  to  attend  on  more  tJJTcUyll!^'***" 

insecutive  days. 

fcrators  so  appointed  may  administer  oaths  to^^^'^JJeSS 

es. 

n  arbitrators  are  appointed  under  a  submission  J>^^<»«may 

/     1     X   "^      1     11  1  -I  1     administer  oaths 

mg  any  agreement  that  it  shall  be  made  a  rule  when  arbitritor 
ly  justice  of  the  peace  may  administer  oaths  to  rd:??Sle^ 
les  in  the  presence  of  one  or  more  of  the  arbi-  «°"'*- 

be  made  to  appear,  at  any  time  after  the  issuing  Powm^f  conrt 
t|  to  the  satisfaction  of  the  Court  or  a  judge, appuoationfto 
application  of  either  party,  that  the  matter  in  ulJTbetowj'uiai. 
isists  wholly  or  in  part  of  matters  of  mere  ac- 
h  cannot  conveniently  be  tried  in  the  ordinary 
II  be  lawful  for  such  Court  or  judge,  upon  such 
,  if  tbey  or  he  think  fit,  to  decide  such  matter 
ry  manner,  or  to  order  that  such  matter  either 
n  part,  be  referred  to  an  arbitrator  or  arbitra- 
ted by  the  parties,  upon  such  terms  as  to  costs 
Ue,  as  such  Court  or  judge  shall  think  reason- 
be  decision  or  order  of  such  Court  or  judge,  or 
>r  certificate  of  such  referee,  shall  be  enforce- 
euie  process  as  the  finding  of  a  jury  upon  the 
fnred:  and  in  case  the  parties  or  either  of 


596  ARBITRATION.  [PART  m. 

Chap.  109.  them  shall   not,  within  the  time  specified  in  the  order, 

appoint  arbitrators,  it  shall  be  lawful  for  the  Court  or  a 

judge  to  appoint  one  or  more  arbitrators,  to  whom  tbe 
cause  shall  be  referred, 
sveeuti  case  may     7.    If  it  shall  appear  to  the  Court  or  a  judge  that  the 
qaeH^on  or°fact  allowancc  or  disallowance  of  any  particular  item  or  items 
^^^'  in  such  account  depends  upon  a  question  of  law  fit  to  be 

decided  b>^he  Court,  or  upon  a  question  of  fact  fit  to  be 
decided  by  a  jury,  or  by  a  judge,  upon  the  consent  of  both 
parties,  as  hereinbefore  provided,  it  shall  be  lawful  for  such 
Court  or  judge  to  direct  a  case  to  be  stated,  or  an  issue  or 
issues  to  be  tried  ;  and  the  decision  of  the  Court  upon  such 
case,  and  the  finding  of  the  jury  or  judge  upon  such  issue 
or  issues,  shall  be  taken  and  acted  upon  by  the  arbitrator 
as  the  case  may  be,  as  conclusive. 
Arbitrator  may  8.  It  sliall  bo  lawful  for  the  arbitrator,  upon  any  com* 
^  special  puiggry  reference  under  this  Chapter,  or  upon  any  reference 
by  consent  ot  parties  where  the  submission  is  or  may  be 
made  a  rule  or  order  of  the  Court,  if  he  shall  think  fit  and 
if  it  is  not  provided  to  the  contrary,  to  state  his  award,  as 
to  the  whole  or  any  part  thereof,  in  the  form  of  a  special 
case  for  the  opinion  of  the  Court ;  and  when  an  action  is 
referred,  judgment,  if  so  ordered,  may  be  entered  accord- 
ing to  the  opinion  of  the  Court. 
Power  of  jadge  9.  If  upou  the  trial  of  any  issue  of  fact  by  a  judge 
fa^ti^t*time  under  this  Chapter,  it  shall  appear  to  the  judge  that  the 
iMuI^^TSeft  questions  arising  thereon  involve  matter  of  account  which 
tohisdeciaion.  cannot  Conveniently  be  tried  before  him,  it  shall  be  lawful 
for  him,  on  the  application  of  either  party,  to  order  that 
such  matter  of  account  be  referred  to  an  arbitrator  ap- 
pointed by  the  parties,  upon  such  terms,  as  to  costs  and 
otherwise,  as  such  judge  shall  think  reasonable  ;  and  the 
award  or  certificate  of  such  referee  shall  have  the  same 
effect  as  hereinbefore  provided  as  to  the  award  or  certifi- 
cate of  a  referee  before  trial ;  and  it  shall  be  competent 
for  the  judge  to  proceed  to  try  and  dispose  of  any  other 
matters  in  question,  not  referred,  in  like  manner  as  if  no 
reference  had  been  made. 
Proceedings  be-  10.  The  proceedings  upon  any  such  arbitration  or 
of  wrbitrat^r^'  reference  as  aforesaid  shall,  except  as  otherwise  directed 
hereby,  or  by  the  submission  or  document  authorizing  the 
reference,  be  conducted  in  like  manner,  and  subject  to  the 
same  rules  and  enactments,  as  to  the  power  of  the  arbitra- 
tor and  of  the  Court,  the  attendance  ot  witnessesi  the  pro* 
duction  of  documents,  enforcing  or  setting  aside  the 
award,  and  otherwise,  as  upon  a  reference  made  by  coD' 
sent  under  a  rule  of  court  or  judge's  order. 

toJSTdtoik^      ^^'   }^  ^*^®  ^^  ^°y  ^"?^  arbitration  or  referenoa  m 
matters  for  r«-   aforosaid  the  Court  or  a  judge  shall  have  power  at  99f 


TTTUI  XXv.]  IBBltEinOTI.  S97 

time,  and  ^td  time  to  time,  to  remit  the  mntters  referred,  Chap.  109. 
or  any  or  either  of  tbem,  to  the  re-consideration  and  re-  oomiamUra » 
determination  of  the  said  arbitrator  or  referee,  apon  socb  *ruinbir. 
terms,  ab  to  ccwts  and  otherwiae,  as  to  such  Coart  or  jadge 
may  seem  proper. 

12.  AH  applications  to  set  aside  any  award  made  on  a  ^"^^""^ 
oompalsory  reference  onder  this  Chapter,  shall  and  maybe  *" 
made  to  the  Court  or  a  judge  within  one  month  next  fol- 
lowing the  pnblicatioQ  of  the  award  to  the  parties,  whether 
made  id  Tacation  or  term ;  and  it  no  snch  applicatioQ  is 
made,  or  if  no  rulq  te  granted  thereon,  or  if  any  role 
entnted  thereon  is  aftorinrds  discharged,  such  award  shall 
be  final  between  the  parties. 

IS.     Any  award  made  on  a  compnlsory  reference  ander  ^"'"J^y^lL 
this  Chapter  may,  by  authority  of  a  jadge,  on  such  terms  "riod  forw*- 
•8  to  him  may  seem  reasonable,  be  enforced  at  any  time  ""^"'^  "'''•■ 
after  seven   days  from  the  time  of  pablication,   notwith- 
'  standing  that  the  time  tor  moving  to  set  it  aside  has  not 
elapsed. 

14.  Where  a  rnle  niat  is  obtained  to  net  aside  an  award,  0bi«uon  to- 
the  sereral  objections  thereto  intended  to  be  insisted  on  at  ttTud^!^ 
Uie  time  of  moving  to  malce  such  rule  absolute  shall  be  "^ 
stated  in  the  rnle  to  show  canse. 

15.  Whenever  the  parties  to  any  deed  or  instrnmeRt  in  it  mUdd  odd- 
vrtting  to  be  hereafter  made  or  exeonted,  or  any  of  tbem,  JH^^^^^ 
flha!!  agree  that  any  then  existing  or  fntnre  differences  ^y^,^^]^'" 
between  them  or  any  of  them  shall  be  referred  to  arbitra-  wan  or  jadge 
tion,  and  any  one  or  more  of  the  parties  so  agreeing,  or  «Ii^  '^ 
any  perrson  or  persons  claiming  through  or  under  him  or 

Uiem,  shall  nevertheless  commence  any  action  against  the 
Other  party  or  parties,  or  any  of  them,  or  against  any 
pareon  or  persons  claiming  through  or  under  him  or  them 
ID  respect  of  the  matters  so  agreed  to  be  referred,  or  any 
til  them,  it  shall  be  lawful  for  the  Court  in  which  the  action 
<^  Mtt  is  brought,  or  a  judge  thereof,  on  application  by 
te  defendant  or  defendants,  or  any  of  thorn,  before 
appearance  and  dafence  or  answer,  upon  being  satisfied  ' 
that  no  aufficionc  reason  exists  why  such  matters  cannot 
be  or  ought  not  to  be  referred  to  arbitration  according  to 
snch  agroement  as  aforesaid,  and  that  the  defendant  was 
at  the  time  of  the  bringing  of  such  action  or  suit,  and  still 
is,  ready  and  willing  to  join  and  concur  in  all  acts  neces- 
sary and  proper  for  causing  such  matters  so  to  be  decided 
by  arbitration,  lo  make  a  rnle  or  order  staying  all  proceed- 
'u  such  action  or  suit,  on  such  terms,  as  to  costs  and 
L-AS  to  such  Court  or  judge  may  seem  fit:  pro- 
<at  any  8uob  rule  or  order  may  at  any  time 
loharged  or  varied  asjnatice  may  require. 


598  ARBITRATION.  [PABT   Ilk 

Chap.  109.  16.  If  id  any  case  of  arbitration,  the  document  antho- 
onfaUareof  rizing  the  reference  provide  that  the  reference  ^ahall  be  to 
P^I®"*K**f^    a  single  arbitrator,  and  all  the  parties  do  not,  after  dif- 

point»  the  judge  r  i  •  -/l  *    j.  ^      c 

mavappointan  feronces  havc  arison,  concur  in   the   appomtment  of  an 
S^rOTthird*'  arbitrator ;  or  if  any  appointed  arbitrator  refuse  to  act,  or 
arbitrator.        becomo  incapable  of  acting,  or^die,  and  the  terms  of  such 
document  do  not  show   that  it  was   intended    that  such 
vacancy  should  not  be  supplied,  and  the  parties  do  not 
concur  in  appointing  a  new  one  ;  or  if,  where  the  parties 
or  two  arbitrators  are  at  liberty  to  appoint  an  umpire  or 
third  arbitrator,  such  parties  or  arbitrators  do  not  appoiat 
an  umpire  or  third  arbitrator ;  cAii  ahy  appointed  umpire 
or  third  arbitrator  refuse  to  aci^  or  become  incapable  of 
acting,  or  die,  and  the  terms  of  the  document  authoriziDg 
the  reference  do  not  show  that  it  was  intended  that  such  a 
vacancy  should  not  be  supplied,  and  the  parties  or  arbitra- 
tors respectively  do  not  appoint  a  new  one  ;  then  in  every 
such  instance  any  party  may  serve  the  remaining  parties* 
or  the  arbitrators,  [as  the  case  may  6e,]  with  a  written  notice 
to  appoint  an  arbitrator,' umpire  or  third  arbitrator  respec- 
tively ;   and  if,  within  seven  clear  days  after  such  notice 
shall  have  been  served,   no  arbitrator,  umpire   or  third 
arbitrator  bo  appointed,  it  shall  be  lawful  for  the  Covrtor 
a  judge,  upon  the  application  of  the  party  having  served 
such  notice  as  aforesaid,  to  appoint  an  arbitrator,  umpire 
or  third  arbitrator,  [as  the  case  may  be,]  and  such  arbitrator, 
umpire  and  third   arbitrator   respectively  shall  have  the 
like  power  to  act  in  the  reference,  and  make  an  award  as 
if  he  had  been  appointed  by  consent  of  all  parties.  • 
wheii>ferem-«       17.     Wlion  the  reference  is  or  is  intended  to  be  to  two 
tratonl!''a!mi  one  arbitrators,  One  appointed  by  each  party,  it  shall  be  lawful 
pSSt.'*he^ other"  ^^^  either  party,  in  case  of  the  death,  refusal  to  act,  or 
^int  aTbiifwrr  i^^apacity  of  any  arbitrator  apjx)inted  by  him,  to  snbsti- 
to  act  alone.      tuto  a  ucw  arbitrator,  unless  the  document  authorizing  the 
reference  show  that  it    was  intended   that   the   vacaoc/ 
should  not  be  supplied ;  and  if,  on  such  a  reference,  one 
party  fail  to  appoint  an  arbitrator,  either  originally  or  by 
way  of  substitution  as  aforesaid,  for  seven  clear  days  after 
the  other  party  shall  have   appointed   an  arbitrator,  and 
shall  have  served  the    party  so   failing   to  appoint   with 
notice  in  writing  to  make  the  appointment,  the  party  who 
has  appointed  an  arbitrator  may  appoint  such  arbitrator  U^ 
act  as  sole  arbitrator  in  the  reference;  and  an  award  made 
by  him  shall  be  binding  on  both  parties  as  if  the  appoint^-' 
Pro\i«o.  ment  had  been  by  consent ;  provided,  however,  that  tbo 

Court  or  a  judge  may  revoke  such  appointment  on  aneh 
terms  as  shall  seem  just. 

JTIn^Sw.'*      18-     ^^^^  the  reference  is  to  two  arbitrators,  aod  the 
tr»torB,they may  terms  of  the  document  authorizing  it  do  not  ahow  that  it 


TITLI  XXV.]  ABBITBATIOS.  689 

was  inteocled  that  tbere  afaould  not  be  an  umpire,  or  pro-  CtUP.  109. 
vide  otherwise  for  the  appointmeat  of  an  ampire,  the  two  .ppoiMui  um- 
arbitrators  may  appoint  an  umpire  at  any  time  withio  the  p^ 
period  daring  which  they  have  power  to  make  an  award  ; 
noless  they  be  called  upon  by  notice  as  aforenaid  to  make 
the  appointmeot  sooner. 

19.  The  arbitrator  acting  under  any  snch  docament  or  Awiniu  iw 
compolsory  order  of  reiereuce  aa  aforesaid,  or  ander  any  ^ntb^^^. 
order  referring  the  award  back,  shall  make  his  award  an- JJ^"^^" 
der  his  hand,  and  unless  such  docament  or  order  respec-  unw. 
lively  shall  contain  a  different  limit  ot  time,  within  three 

months  after  he  shall  have  been  appointed,  and  shall  have 
entered  on  the  reference,  or  shall  have  been  called  upoD 
to  act  by  a  notice  in  writing  from  any  party;  but  the  parties 
or  their  attorneys  may,  by  consent  in  writing,  enlarge  the 
term  for  making  the  award  :  and  it  shall  be  lawful  for  the 
Conrt,  of  which  such  submission,  document,  or  order  is  or 
may  be  made  a  rule  or  order,  or  fur  any  judge  thereof,  for 
good  cause  to  be  stated  in  the  rule  or  order  for  enlarge* 
moot,  from  time  to  time  to  enlarge  the  term  for  making 
the  award  ;  and  if  no  period  be  stated  for  the  enlargement 
in  such  consent  or  order  for  enlargement,  it  shall  be  deemed 
an  enlargement  for  one  month ;  and  in  any  case  where  an 
ampire  shall  have  been  appointed,  it  shall  be  lawful  for  him 
to  enter  on  the  reference  in  lieu  of  the  arbitrators,  if  the 
latter  shall  have  allowed  their  time  or  their  extended  time 
to  expire  without  making  any  award,  or  shall  have  delivered 
to  any  party  or  to  the  umpire  a  notice  in  writing  stating 
that  they  cannot  agree. 

20.  When  any  award   made  on  any  such  submission,  ^^'g^,'^^^ 
docnment,  or  order  ot  reference  as  aforesaid,  directs  that  £^d°*p«n>iut 
possession  of  any  lands  or  tenements  capable  of  being  the  ^tmed'u^ 
9object  of  an  action  of  ejectment,   shall   be  delivered  toij'^™*'^ 
any  party,  either  forthwith  or  at  any  future  time,  or  that 

any  euch  party  is  untitled  to  the  possession  of  any  such 
lands  or  teneraeuts,  it  sball  be  lawful  for  the  Court  or  a 
jndge  to  order  any  party  to  the  reference  who  shall  be  in 
possession  of  any  such  lands  or  tonemeuts,  or  any  person 
]D  possession  of  the  same  claiming  under,  or  put  in  posses- 
sion by  him  since  the  making  of  the  document  authorizing 
the  reference,  to  deliver  possession  of  the  same  to  the  party 
entitled  thereto,  pursuitut  to  the  award;  and  such  rule  Or 
order  to  deliver  possession  shall  have  the  effect  of  a 
judgment  in  ejectment  a^inst  every  such  party  or  peraon 
named  in  it;  and  execution  may  issue,  and  possession 
shall  be  delivered  by  the  Bheriffas  on  a  judgment  in  ejeot- 
ment. 

21.  Every  agreement  or  submission  to  arbitration  by  BaomiMioaia 
ooDsent,  whether  by  deed  or  instrument  in  writing  not  ^^S^^X'<S^' 


000  PABTKSBSHiPS.  [PAR  ID. 

Ghap.  110.  under  seal,  may  be  made  a  rale  of  ooart  on  the  applioathm 
flonrt,  unlaw  >"  ^^  ^^J  party  thereto ;  unless  such  agreement  or  submis- 
oontnuy  inten-  eion  Contain  words  purporting  that  the  parties  intend  that 
tionftpp«r.       .J  ^j^^jj  ^^^  ^^  made  a  rule  of  court, 

oiMiiBnoetoan      22.    Where  a  submissiou  has  been  made  a  rale  of  the 

foroecL  ^™'  Supreme  Court,  the  Court  may  enforce  obedience  to  any 

award  duly  made  under  such  submission  by  directing  a 

judgment  to  be  entered   or   execution  to    issue  for  the 

amount  thereof  with  costs,  or  otherwise  to  carry  into  effect 

such  award. 

Jjj^toarWtoa-       23.    The  judgo  taxing  the  costs  of  any  cause  referred 

ed  on  taxation    uudor  this  Chapter  shall  allow  such  fees  to  the  arbitrator! 

of  oortfc  making  the  award  as  he  may  think  reasonable. 


CHAPTER   110. 

OF    PARTNERSHIPS. 
COMPULSOBY     ABBITRATI0N8. 

whenoo-part-        1.    lu  cRsos  of  partnership  where  two  partners  only  arfr 
n^!%!^d-  concerned,  and   their  partnership  shall  have  terminated, 
roSi"*"^'®"®  either  of  them  may  file  a  petition  in  the  Supreme  Coait 
stating  the  facts  respecting  their  dealings,  and  praying  the 
aid  of  the  Court.    A  writ  of  summons  shall   thereupon 
issue  against  the   partner  complained  of  in   the  usoil 
manner, 
oopyofpetition,     2.     A   copy  of  tho   petition  shall  be   served   on  tbe 
"  ^    **^***'  partner  complained  of  at  the  time  of  the  service  of  the 
summons, 
oonrtmayorder     3.    Ou  the  roturu  of  the  summous,  if  it  shall  be  shewn 
arbitrators.       ^^  ^j^^  Court  that  the  partnership  consisted  of  two  persons 
only;  the  Court  shall  by  rule  direct  each  partner  to  select 
one  fit  person  as  an  arbitrator  between  them, 
oonrtmajap-        4.    If  the  partners  do  not  within  the  time  specified  by 
^eSI^'p^rti^"  the  Court  select  two  such  persons;  the  Court  shall  appoint 
neglect.  |.^q  pcrsoos  to  act  as  arbitrators. 

ihii^*°7nt         ^'    ^^^  *^^  persons  so  appointed  shall  select  one  othe^ 
third^^B.  '^    person,  and  they  with  such  person  shall  be  arbitrators  tA 

examine  and  settle  the  partnership  dealings. 
^^J^^^tobe     6.    The  arbitrators  before  commencing  such  ezamilM^ 
of  oath.  tion  shall  make  before  a  judge  or  commissioner  the  fbIl6W« 

ing  affidavit,  which  shall  be  filed  in  the  ProthoBotiiy'^fe^ 

office. 


^e,  A.  B.,  C.  D.,  and  B.  F.,  do  hereby  solemnly  ewear  Ohap.  110. 
SBtly  and  fairly  to  aettle  the  partDerehip  acconnts  and  -^-=^^:^^^^'^^^ 
iDgs  ot  Q.  H.  and  J.  L.  to  the  beet  of  onr  knowledge 
ability. 

(Torn  at before  me  this day  of 18 — . 

G.  H.,  J.  P.  A.  B. 

CD. 
E.  F. 

The  arbitrators  ehall  then  order  the  prodaction  ofi't^'^^j^ 
looka,  papers  and  acconnts,  relative  to  the  partnership  wton^im^ 
ings,  and  shall  appoint  sach  times  and  places  aa  may  ■™^'»^ 
aar  expedient  for  the  investigation  of  the  partnership 
ings  and  the  examination  of  the  partners  and  their 
lessee.     If  either  ot  the  partners  after  due  notice  shall 
to  attend,  the  arbitrators  shall  proceed  ex  parte. 

Witnesses  shall  be  sammoDed  to  attend  before  the  i^«^<|^i^«"e 
thitors  by  snbpcena  in  the  usaal  form,  and  if  npnn  iiiiniMUi. 
g  dn]y  summoned  they  shall  neglect  to  attend  and 
I  evidence,  they  shall  be  liable  to  the  same  penalties 
n'itnesses  are  subject  to  who  neglect  to  attend  the 
Feme  Court  on  subpoena;  and  the  Supreme  Oonrt  OQ 
ieation  to  them  for  that  purpose  ehall  enforce  the 
a. 

The  arbitrators  shall  examine  the  partners  and  their  i|*>tiBu>d 
lesses  upon  oath  to  be  administered  by  any  one  of  the  aumiaed; 
tratore,  and  shall  make  an  award  in  &vor  of  such^^.^^ 
y  as  they  or  two  of  them  shall  find  justly  entitled^j^'"™*'- 
eto,  which  shall  be  filed  in  the  Prothonotary's  office ; 
jodgment  shall  be    entered    for  the  amount  thereof 
I  or  without  costs,  ae  directed  by  the  arbitrators  in 
t  award,  at  the  next  term,  if  no  sufficient  objection  bd 
9  thereto. 

I.    Execution  may  be  issued  on  ench  judgment  in  the  BiMatimio 
tl  cbnrse,  and  the  arbitratore  or  any  two  of  them  shall  ^^^1*^^^^^" 
I  power  to  direct  the  costs  of  the  proceedings,  includ- JJi^JJ.JJ^'"™ 
Hmoijable  compensation  for  their  services  to  be  taxed 
iUowed  by  the  Court,  to  be  paid  by  either  of  the 
(Mrtt,  and  in  snch  manner  as  the  arbitrators  or  any  two 
iMt  nhall  direct;  and  the  Court  shall  enforce  snch 

nbi^  attachment  or  otherwise. 
either  of  the  partners  shall  after  such  adjudica- ^°,^gSS  1,^ 
commence  any  proceedings  in   equity  touching  theflivu. 
nership  dealings,  and  the  judgment  of  the  Snpreme 
ft  under  the  above  provisions  shall  be  final.     In  pro- 
lings  in  the  Supreme  Court  for  the  settlement  of  part- 
hip  dealings  under  this  Chapter,  a  judge  at  chambers 
make  any  order  therein,  subject  to  appeal  to  the  Court 


602  PABTNEBSmPS.  [PABT  IIL 

Chap.   110,  LIMITKD     PABTNKBgmPS. 

Limited  part.  12.  Two  ov  moTQ  persoQs  may  enter  into  and  form 
to^miS?''^^^  limited  partnerships  for  the  transaction  of  mercantile, 
objeou.  mechanical  or  manufacturing   business,  upon    the  terms, 

with  the  rights  and  powers  and  subject  to  the  conditioos 
and  liabilities  hereinafter  prescribed.    Nothing  herein  shall 
authorize  any  such  partnerships  to  engage  in  any  banking 
operation  or  to  become  insurers  upon  any  marine  risk  or 
npon  loss  by  fire,  or  upon  any  life.     Such   partnerships 
may  consist  of  one  or  more  persons  called  general  p^xir 
ners,  who  shall  be  responsible  as  general   partners  nov 
are,  and  of  one  or  more  persons,  who  sball  contribute  in 
actual   cash   payments  a  specific   sum  as   capital  to  the 
common  stock,  called  special  partners.     Special  partners 
shall  not  be  liable  for  the  debts  of  the  partnership  beyond 
the  fund  so  contributed  by  them  to  the  capital,  except  in 
cases  hereafter   mentioned.     The   general   partners  only 
shall  be  authorized  to  transact  the  business  of  the  part- 
nership and  bind  the  same  by  the  signature  of  the  partner- 
ship name  or  otherwise, 
cotifloates  and       13.     Persous    dosirous   of  forming   such    partnerships 
oeedSnptn^oS^  shall,  before  the  same  shall  go  into  operation,  make  and 
neiSS^  **^  severally  sign  a  certificate  containing  the  name  of  the  firm 
under  which  such    partnership    is    to  be  condacted,  the 
nature  of  the  business  to  be  transacted,  the  names  of  all 
the  partners  interested  therein,  distinguishing  which  are 
general  and  which  special  partners  and  their  respective 
places   of  residence,  the   amount  of  capital    which  each 
special    partner    shall    have   contributed   to  the  common 
stock,  the  period  at  which  the  partnership  is  to  commence 
and  at  which  it  will  terminate.     Such  certificate  sball  be 
acknowledged  by  the  several  persons  signing  the  same 
before  a  judge  of  the  Supreme   Court  or  justice  of  the 
peace ;  and   such   acknowledgment  shall   be    certified  in 
writing  on  such  certificate  by  the  person  before  whom  tke 
same   is   made.     The   certificate    so  acknowledged   and 
certified  shall  be  filed  in  the  office  of  the  registrar  of  deeds 
of  the  county  or  district  where  the  principal  place  of  busi- 
ness of  the  partnership  shall  be  situated,  and   shall  be 
recorded  by  him  at  large  in  a  book  to  be  kept  for  that  por* 
pose,  open  to  public  inspection  ;  and  if  the  partnership 
shall  have  places  of  business  situated  in  different  counties 
or  districts   a  transcript  of  the   certificate   and  of  tte 
acknowledgment  thereof,  duly  certified  by  such  registrar, 
shall  be  filed  and  recorded  in  like  manner  in  the  office  oi 
the  registrar  of  every  such  county  or  district. 
S^JS^liSder     -'•*•    ^°  affidavit  of  one  or  more  of  the  general  partnen 
oatii.  and  also  of  one  or  more  of  the  special  partners  Bnall  alio 


i  ZZT.]  PASTNBBSmFS.  W3 

e  same  time  be  filed  in  the  Bame  office,  stating  that  Chap.  110. 
.oms  specified  is  the  certificate  to  have  been  coutrib- 
by  each  of  the  special  partners  to  the  commoQ  stock, 
been  actually  and  in  gnod  faith  paid  in  cash  ;  and  no 
partnership  shall  be  deemed  to  have  been  formed 
a  certificate  shall  have  been  made,  acknowledged, 
and  recorded,  and  an  affidavit  filed  ■\a  above  directed ; 
if  anj  false  statement  be  made  in  snch  certificate  or 
tvit,  all  persons  interested  in  auch  partnership  shall  ba 
3  as  genera]  partners. 

.  The  terms  of  every  such  partnership  when  regiB>  Fnbiiation  in 
I  aball  immediately  be  published  at  least  six  weeks  in  bTfau'^^^'' 
9oyaJ  Gazette  and  one  other  newspaper  published  in 
ax,  and  by  handbills  posted  up  in  soma  public  places 
e  township  in  which  the  business  of  the  partnership 
be  carried  on.  If  such  publication  be  not  so  made, 
partnership  shall  be  deemed  general.  Affidavits 
1  before  a  justice,  of  the  publication  of  snch  notice 
le  printers  of  newspapers  who  shall  have  published 
ame,  and  by  the  persons  who  shall  have  posted  the 
bills,  may  be  filed  with  the  registrar  with  whom  the 
Gcate  of  the  partnership  sliall  have  been  filed,  and 
be  evidence  thereof. 

Every  renewal  or  continnance  of  any  snch  partner- h™o™ijo( 
beyond  the  time  originally  fixed  for  its  duration  shall  be  ■»nUp£hOTr 
fied,  acknowledged  and  recorded,  and  an  affidavit  of  a  p"''™'''** 
ral  and  special  partner  made  and  filed,  and  notice 
I  in  the  manner  herein  required  for  its  original  for- 
>n ;  every   such   partnership   otherwise   renewed   or 
nned  shall  be  deemed  a  general  partnership. 
.     Every  alteration  made  in  the  names  of  the  partners,  AiunUauin 
Atare  of  the  business,  or  the  capital  or  shares  thereof,  ^^um^^tukt^ 
any  other  matter  specified  in  the  original  certificate, |[|^'|P»|J^g, 
be  deemed  a  dissolution  of  the  partnership ;  and  every  nasmi. 
partnership  carried  on  after  any  alteration  shall  be 
icd  a  general  partnership,  unless  renewed  as  a  special 
lenhip  according  to  the  provisions  of  the  foregoing 

OD. 

.    Tbe  bviaiwsfta  oi  the  partnership  shall  be  conducted  Jw^I'SSSST"'" 
ra  firm  in  the  names  of  the  general  partners  only,  jt^«»e™» om- 
jnt  the  addition  of  the  word  company  or  any  other 
ral  term;  and  any  special  partner  whose  name  shall 
ted  in  such  firm  with  his  privity,,  shall  be  deemed  a 
ral  partner. 

Actions  and  suits  at  law  and  in  equity  in  relation  Aotiom  wtain 
le   business  of  the  partnership  may  be  broaght  and  putnan.**™™^ 
noted  by  and  againtit  the  general  partners,  as  if  there 
DO  special  partners. 


604  PABTNEBSHIF8.  [PABT  HL 

Chap.  110.     20.    No  part  of  the  snm  contributed  by  a  special  partner 
Begaiations  as    ^  ^^^  Capital  stock  shall  bo  Withdrawn  by  him  or  paid  or 
to  oatftai^Bk^  transferred  to  him  in  the  shape  of  dividends,  profits  or 
d^proflu.      °  otherwise,  at  any  time  daring  the  continuance  of  the  part 
nership ;  bat  a  partner  may  annaally  receive  lawful  interest 
on  the  sum  so  contributed  by  him,  if  payment  thereof  shiil 
not  reduce  the  original  capital ;  and  if  after  the  payment 
of  such  interest  any  profit  shall  remain  to  be  divided,  li0 
may  also  receive  his  portion  of  such  profit ;  but  if  it  sbd 
appear  that  by  the  payment  of  interest  or  profits  to  an/ 
special  partner  the  original  capital  has  been  reduced,  the 
partner   receiving    the   same    shall  restore   the    araooat 
necessary  to  make  good  his  share  of  capital  with  interesti 
^w»jJjP«J»«      21.     A  special  partner  may  from  time  to  time  examins 
i^^ranaact  °   iuto  the  stato  and  progress  of  the  partnership  concerns, aoJ 
^^^l^p.      may  advise  as  to  their  management,  but  he  shall  not  tre» 
act  any  business  on  account  of  the  partnership,  nor  in 
employed  for  that  purpose  as  agent,  attorney,  or  otbenriit; 
and  if  he  shall  interfere  contrary  to  these  provisions  kl 
shall  be  deemed  a  general  partner.     General  partners  shifl 
be  liable  to  account  to  each  other  and  to  the  special  pert* 
ners  for  their  management  of  the  concern,  both  in  lavaal 
in  equity,  as  other  partners  now  are. 
SJtaMSi/^^**^     22.    A  partner  guilty  of  any  fraud  in  the  affairs  of  eaoh 
W°pimi£!L    partnership  shall  be  liable  civilly  to  the  party  injared  to 
the  extent  of  the  damage,  and  shall  also  be  liable  to  u 
indictment  for  a  misdemeanor  punishable  by  fine  or  in* 
prisonment,  or  both,  at  the  discretion  of  the  Court 
Preferential  as-       23,     Evcry  Sale,  assignment  or  transfer  of  any  of  tbe    ' 
Mrtnerato*2e    property  or  effects  of  such  partnership,  or  of  a  general  or 
^JJJJ**^*"*  special  partner,  made  by  such  partnership  or  a  general  or 
special   partner,  when  insolvent  or  in   contemplation  of 
insolvency,  with   intent  of  giving  a   preference  to  any 
creditor  of  such  partnership  or  insolvent   partner  over 
other  creditors  of  such  partnership,  and  every  warrant  of 
attorney   executed,  and  every  judgment   confessed,  lioQ 
created,  or  security  given  by  such  partnership,  or  general 
or  special  partner,  under  the  like  circumstances  and  with 
the  like  intent,  shall  be  void,  as  against  the  creditors  of  the 
partnership.     A  special  partner  who  shall  violate  any  pro* 
vision  of  this  Chapter,  or  concur  in,  or  assent  to  any  each 
violation  by  the  partnership,  or  by  any  individual  partnerj 
shall  be  liable  as  a  general  partner. 
crediton*Giaims     24.    In  caso  of  the  insolvency  or  bankruptcy  of  thi 
SS^i^s^i  partnership,  no  special  partner  shall,  under  any  circttO* 
Sf  ISS[J«(^  stances,  be  allowed  to  claim  as  a  creditor,  until  the  chiiM 
of  all  other  creditors  of  the  partnership  are  satisfied.     . 
SwSSSei         ^^'    ^^  dissolution  of  such  partnersnip  by  the  wfe^ 
^  the  parties  shall  take  place  previous  to  the  time  specified 

i 

( 


B  ZZT.]  PBOTJBCnON  OP  JUSTICfS.  fiQ^ 

16  certificate  of  its  formation  or  in  the  certificate  oiUs  Ohap.  111. 
wal,  until  a  notice  of  such  dissolution  shall  have  been 

and  recorded  in  the  registrar's  office  in  which  the 
nal   certificate  was  recorded,  and  published  once  in 

week  for  four  weeks  in  the  RoyoJt  WLzette,  and  in  some 
r  newspaper  printed  in  Halifax,  and  by  handbills  in 

of  the  counties   where   the   partnership  may  have 
)8  of  business. 

SUABTIES  TO  OB  FOB  FIBMS. 

.     No  promise  made  to  answer  for  the  debt,  default,  sawtiet  to  or  for 
iscarriage  of  another,  made  to  a  firm   consisting  of  sraubtoon' 
or  more  persons,  or  to  a  single  person  tradine  noder  J^JSp?"  ^*^ 
lame  of  a  firm,  and  no  promise  to  answer  for  the  debt, 
lit,  or  miscarriage  of  a  firm,  consisting  of  two  or  more 
>ns,  or  of  a  single  person  trading  under  the  name  of  a 
shall  be  binding  on  the  person  making  such  promise 
spect  of  aoythine  done  or  omitted  to  be  done  after  a 
ge  shall  have  taken  place  in  anv  one  or  more  of  the 
30S  constituting  the  firm,  or  in  the  person  trading 
r  the  name  ot  a  firm;  unless  the  intention  of  the 
68  that  such  promise   shall   continue   to   be   binding 
ithstanding  such  change  shall  appear  either  by  express 
iation,  or  by  necessary  implication  from  the  nature  of 
inn  or  otherwise. 

.     Nothing  in  this  Chapter  shall  be  construed  to  con-  yottooonflici 
me  or  conflict  with  any  legislation  (intra  virea)  of  the  iSi?  ^^*»»<'» 
ament  of  the  Dominion  of  Canada. 


CHAPTER  111. 

OP  THE  PROTECTION  OF  JUSTICES    OF  THE  PEACE. 


Byerj  action  against  a  justice  of  the  peace  for  any  Aotions  against 
llHMimtbe  execution  of  his  office  with  respect  to  a^l^^^tiSe 
iff  witbio  bis  jurisdiction,  shall  be  an  action  on  the  JtoSi'ofSSSoe, 

.audit  shall  be  expressly  alleged  in  the  declaration  *<>•» ' 

Iba.wt  was  done  maliciously  and  without  reasonable 
"^S^Imi^  oaiise ;  and,  if  upon  the  trial  the  plaintiff  fail 
#11^  iUfllgationi  judgment  shall  be  given  for  the 


44^0  be  brought  for  an  act  done  in  a  matter  jHSj^Tn^'iiot 
I  inrltdiction,  or  where  he  haa  exceeded  ^^{S^*^ 
!lD|i  pcirty  injured  thereb/  or  by  any  a^ot  m  when  only 


ioba  brought. 


606  ntOTECTION  OF  JUSTICES.  [PART  HI. 

Chap.  111.  ^oto®  under  a  conviction,  or  order  or  warrant  issned  by  the 

justice,  need  not  allege  malice  or  want  of  reasonable  and 

probable  cause  in  his  declaration.     Bat  no  action  in  such 
case  shall  be  brought  until  such  conviction  shall  have  been 
quashed ;  nor  shall  any  action  be  bronght  for  any  thing 
done  under  any  warrant  issued  by  such  justice  to  procure 
the  appearance  of  a  party,  which  shall  have  been  followed 
by  a  conviction  or  order,  until  the  same  shall  have  been 
quashed, 
oiset  in  whidi       3.     If  a  Warrant  shall  not  have  been  followed  by  a  cod- 
Sel^nrt**^    viction  or  order,  or  if  it  be  a  warrant  upon  an  information 
tM^^drae^niT  ^^^  ^^  alleged  indictable  offence,  and  a  summons  had  been 
derwamnt!"    previously  issued  and  served,  and  the  party  did  not  appear 
in  obedience  to  the  summons  ;  in  any  such  case  no  action 
shall  be  maintained  against  the  justice  for  anything  done 
under  the  warrant.  i 

jQstioe  iBsufng       4.    Where  a  conviction  or  order  shall   be  made  by  a 
nTbi^ wheK      justice,  and  a  warrant  of  distress  or  commitment  issued  bj 
makwiue^"*  some  Other  justice  in  good  faith  and  without  collnsioo,  no 
GonWction.        actiou  shall  be  brought  against  the  justice  who  granted  the 
warrant  for  any  defect  in  the  conviction  or  order,  or  for 
want  of  jurisdiction  in  the  justice  who  made  it;  but  the 
action,  if  any,  shall  be  brought  against  the  justice  who 
made  such  conviction  or  order. 
Justice firranting      5.     Wboro  a  poor  or  county  rate  shall  be  made,  aud  a 
t!^Iflf!?rarate^  Warrant  of  distress   shall   issue   against  a   person  rated 
"efliienty'fn      therein,  no  action  shall  be  brought  against  the  justice  who 
rate.  granted  the  warrant  for  an}^  irregularity  or  defect  in  the 

rate,  or  by  reason  of  any  such  person  not  being  liable  to  be 
rated. 
No  action  6.     Where  a  warrant  of  distress  or  of  commitment  shall 

to**ffSnt?ng**  ^®  granted  by  a  justice  upon  conviction  or  order,  which 
warrant  upon  a  either  before  or  after  the  granting  the  warrant  shsill  have 
vi^ction.  &c.,  been  confirmed  upon  appeal,  no  action  shall  be  brought 
^^T^^°  against  the  justice  granting  the  warrant  for  anything  done 
thereunder,  by  reason  of  any  defect  in  such  conviction  or 
order. 

Action  brought       '^'     ^^  ^^7  sctiou  shall  be  brought  in  a  case  where,  b^ 
when  forbidden  this  Chapter,  it  is  forbidden,  a  iudge  of  the  Court  where  it 

inav  beQU!i8heo>  ^  *       «i       o 

is  brought,  upon  application  of  the  defendant  upon  affida* 
vit,  may  set  aside  the  proceedings,  with  or  witbout  C08td,aB 
he  shall  see  fit. 
Month's  fiotice        8.     No  actiou  shall  be  commenced  against  a  justice  tor 
j^stiJ^'b^ore     any  thing  done  in  the   execution  of  his  office,  until  ona 
wntenSiTf^ni-'  Hionth  at  least  after  notice  in  writing  of  such  intended 
woe^mitation  actiou  shall  have  been  delivered  to  him  or  left  at  his  Mad 
place  of  abode,  by  the  party  intending  to  commenoeAa 
action,  his  attorney  or  agent ;  in  which  notice  the  oanae^vf  < 
action,  and  the  court  in  which  it  is  intended  to  be  broflgUi   ; 


TITLE  ZX7.]  PBOTECIIOM  OF  JDSTICBS.  607 

slrnll  be  explicitly  aUted  ;  and  apoo  the  back  thereof  Bhall  Chap.  Ill, 

be  endorsed  the  oame  and  plaoe  of  abode  of  the  party 

intending  to  sue,  and  the  name  and  place  of  abode  or  of 
basinees  of  the  attorney  or  agent,  if  the  notice  has  been 
Mrved  by  an  attorney  or  agent ;  and  the  venae  in  every 
sacli  action  shall  be  laid  in  the  connty  where  the  act  com- 
plained of  was  committed ;  and  such  action  shall  be 
broaght  within  eix  months  next  after  the  cause  of  action 
shall  have  accrued. 

9.  After  notice  bo  given,  and  before  action  commenced,  ^^^^j, 
snch  justice  may  tendei  to  the  party  complaiaing,  his  attor-  or  p^y  mmHT 
ney  or  agent,  such  sum  of  money  as  he  may  think  fit,  as  .^^dj^Tn '""^ 
amends  tor  the  injury  complained   of  in  the  notice  ;  and  '""''  ™^ 
iifter   action    commenced,   and    before   issue  joined,   the 
defendant,  if  he  have  not  made  a  tender,  or  in  addition  to 

the  tender,  may  pay  money  into  court;  and  the  tender 
%nd  payment  into  court  or  either  of  them  may  be  given  in 
svideoce  on  the  trial.  It  the  jury  shall  be  of  opinion  that 
Ibe  plaintiff  is  not  entitled  to  damages  beyond  the  sum 
tendered  or  paid  into  court,  then  they  shall  find  a  verdict 
Tor  the  defendant,  and  the  plaintiff  shall  not  be  at  liberty 
to  elect  to  be  non-suit ;  and  the  sum  so  paid  into  court,  or 
(o  [ODch  thereof  as  shall  be  sufficient  to  satisfy  the  defend- 
iQt's  costs,  shall  thereupon  be  paid  out  of  court  to  him, 
lod  the  residue,  if  any,  be  paid  to  the  plaintiff;  or  if  the 
plaintiff  shall  elect  to  accept  the  money  so  paid  into  court 
n  satisfaction  of  damages  in  the  action,  he  may  obtain  a 
odge's  order  for  the  money,  and  that  the  defendant  shall 
jay  him  his  costs  to  be  taxed,  and  thereupon  the  action 
(ball  be  determined,  and  the  order  shall  be  a  bar  to  any 
other  action  for  the  same  cause. 

10.  If  at  trial  the  plaintiS*  shall  not  prove  that  the  action  Troot  nqniced 
ma  brought  within  the  time  limited  in  that  behalf,  or  thatp^^"(r. 
the  notice  was  not  given  a  month  before  action  commenced, 

irif  be  shall  not  prove  the  cause  of  actioo  stated  in  such 
ttUme,  or  that  it  arose  in  the  county  laid  as  venue  in  the 
DDargin  of  the  declarntion,  the  plaintiff  shall  be  non-suit  or 
[he  jury  shall  give  a  vordict  for  the  defendant. 

11.  la  all  casus  whare  the  plaintiff  shall  be  entitled  to  u  puntur  on 
recover,  and  ho  Bh;»ll  prove  the  levying  or  payment  of  any  ^myoF"BSoe 
penalty  or  sura  of  money  under  any  cooviction  or  order  as  ^nT^*"™™ 
part  of  his  damagos,  or  if  he  prove  an  imprisonment  there-  hu •uSovd no 
sader,  he  shall  not  be  entitled  to  recover  the  amount  oimmC^^aii 
the  penalty  or  sum  luvied  or  paid,  or  any  damages  beyond  ™al!iSSS' 
ihree  cents  for  such  imprisonment,  or  any  costs  of  suit,  if  ™'r- 

it  shall  be  proved  that  be  was  actually  guilty  of  the  offence 
sf  which  he  was  convioted,  or  that  be  was  liable  to  pay  the 
mm  he  was  so  ordered  to  pay,  and  with  respect  to  the  im- 
prisoDiaeDt  Uiat  be  had  undergone  no  greater  pnniahment 


608  PBOTBCnON  OF  OfamXBLKA.  [MBf«ft 

Chap.  112.  than  that  assigDed  by  law  for  the  offence  of  which  he  wu 

coDvicted  or  for  the  noD-pajment  of  the  Bum  he  was  lo 

ordered  to  pay. 

12.    If  the  plaintiff  recover  a  verdict  or  the  defendinl 


oi^iS^'da'!^-  allow  jud^meoc  to  pass  by  default,  the  plaintiff  shall  reoiivn 
iSd^.^^  costs  as  if  this  Chapter  had  not  passed.  If  it  be  stated  is 
the  declaration  that  Che  act  complained  of  was  done  mdi- 
cioudly  and  withont  reasonable  and  probable  cause ;  tlie 
plaintiff,  if  he  recover  a  verdict  for  any  damages,  or  if  tho 
defendant  allow  judgment  to  pass  by  default,  shall  be 
entitled  to  full  costs. 

Proceedings  to  con^iel  Jtutice  to  perform  duty,  i$-c. 

Supreme  oMirt       13.    Where  a  justice  shall  refuse  to  do  any  act  relatingto 
S!2<!fto€act  the  duties  of  his  office,  the  party  requiring  such  act  to  be 
5o2?*,{S^.  done  may  apply  to  the  Supreme  Court,  upon  affidavit  of  tbe 
ingiinrach      facts,  for  a  rule  calling  upon  the  justice,  and  also  upon  the  * 
party  to  be  affected  by  such  act,  to  shew  cauiie  why  sadi 
act  should  not  be  done  ;  and  if,  afler  service  of  such  rale, 
good  cause  be  not  shown  against  it,  the  Court  may  make 
the  rule  absolute,  with  or  without  costs,  as  they  may  see 
meet;  and  the  justice,  upon  bein^  served  with  the  mleab* 
solute,  shall  obey  the  same,  and  ao  the  act  required.   No 
action  or  proceeding  shall  be  commenced  or  prosecaled 
against  such  justice  for  having  obeyed  such  rule. 


CHAPTER    112. 

OF  THB  PROTECTION  OF  CONSTABLES. 


DenuLDdof  1.     Before  any  action  shall  be  brought  against  a  COD^ 

oSJrof  wmnt  stable,  police,  or  other  officer,  or  any  person  acting  inhii 

o*  n  TODrtlbie   **^'  *°^  ^^^  anything  done  in  obedience  to  a  warrant  unto 

S^°b^ore  ao^  the  hand  and  seal  of  a  justice,  mayor  or  alderman,  a  deiBiDd 

tion  brought.     ^^  writing  of  the  perusal  and  copy  of  such  warrant,  signf* 

by  the  person  making  the  same  shall  be  served  upon  bi^^ 

personally  or  lefl  at  his  usual  place  of  abode  for  the  ep*^ 

of  six  days. 

If  justioe  not        2.    If  after  such  demand  and  a  compliance  therewitbf 

^ra  n^      an  action   be  brought  a^inst  such  constable  or  otbar 

dSfJJdS^trtfJui  officer,  or  person  acting  in  his  aid,  without  making ^ 

hiivjBjudginent; justice  a  party  thereto,  on  the  proof  of  such  warrant npo* 


prooeedi 


wherea^n     the  trial,  judgment  shall  be  given  for  the  defendant|  00^ 
IS'^SiiuS?   withstandfing  any  want  of  jurisdiction  in  the  justioe.  " 
the  action  be  brought  against  the  constable  or  other  oA^' 


TRLB  XZT.]  COHP^ATIOH  TO  FAIULIES.  609 

or  person  aoting  in  his  aid  jointly  with  the  jaatice,  then  on  Ohap.  113. 

proof  of  BQCh  warrant,  judgment  shall  be   given  for  the " 

cooatable  or  other  officer  or  perBon  acting  in  his  aid  ;  and 
if  a  verdict  pass  against  the  justice  the  plaintiff  shall 
recover  costs  to  be  taxed  eo  as  to  inclnde  the  costs  ha  may 
be  liable  to  pay  to  the  other  defendant. 

3.     No  action  shall  be  brought  against  a  constable,  oriCnhmSoo  ot) 
otber  officer  or  person  acting  in  his  aid,  unless  the  same  fae'gf"™- ^^ 
commenced  within  six  months  next  after  the  cause  of  action 
sball  have  accrued. 


CHAPTER   113. 


1.  Whensoever  the  death  of  a  person  shall  bo  caused  by  "JS^*'' '' 
the  wrongful  act,  neglect  or  deianit  of  another,  and  tbe^gtsfmetat 
act,  neglect  or  default  is  such  as  would  (if  death  had  not  tftio  won^^n 
ensned)  have  entitled  the  party  injured  to  maintain  ^^J^^^_ 
an  action  and  recover  damages  in  respect  thereof ;  IfioQjjBejMjJt^ 
and  in  every  such  case,  the  person  who  would  have  beendontinnetobB 
liable  if  death  had  not  ensued  shall  be  liable  to  an  action'^''''' 

of  damages,  notwithstanding  the  death  of  the  party  injured, 
and  although  the  death  shaU  have  been  caused  under  such 
0 ire nm stances  as  amount  in  law  to  felony. 

2.  Every  such  action  shall  be  for  the  benefit  of  theso^^o^jun 
wife,  husband,  parent  or  child  of  the  person  whose  death  npnHouttva 
shall  bave  been  so  cansed,  and  shall  be  brought  by  and  in^^tinaor 
the  name  of  the  executor  or  administrator  of  the  person  ''«»•»«*• 
deceased;  and  in  any  such  action  the  jury  may  give  snchjjf™'^'^ 

^Ifomagea  as  they  may  think  proportioned  to  the  injury  dunigv. 
resulting  rroin  such  death  to  tne  parties  respectively,  for 
whom  and  for  whose  benefit  snch  action  shall  be  brought; 
aod  the  amount  so  recovered,  after  deducting  the  costs  not 
recovered  (if  any)  from  the  defendant,  shall  be  divided 
among  the  bafore  mentioned  parties  in  such  shares  as  the 
jury  by  their  verdict  shall  find  and  direct. 

3.     Not  more  than  one  action  shall  lie  for  and  in  respect  ^^,^£'*^' 
of  the  same  subject  matter  of  complaint,  and  every  suchtninmaihi. 
action  shall  bd  begun  within  twelve  months  atler  the  death 
ofanch  deceased  person. 

I A_^^  every  such  action  the  plaintiff  on  the  record  shall,  ^ytj;*^ 

^bwrit  of  aammons,  deliver  to  the  defendant  or  hispuwin  with 
mil  partioulars  of  the  person  or  peraons  for  and  "^"'~»' 


610  C06TB  ARD  FESb  [PABT  HL 

Chap.  114.  ^^  behalf  of  whom  snch  action  shall  be  brooght  and  of  the 

nature  of  the  claim  in  respect  oi  which  damages  ahall  be 

sought  to  be  recovered. 
^^SSMpukd       ^*    ^^  this  Chapter  the  word  "parent"  shall  include 
"chud"  fn'this  father,  mother,  grand-father,  grand-mother,  stepSsither  and 
**P**'  step-mother ;   and  the  word   "  child  "  shall   inclnde  son, 

daughter,  grand-son,  grand-daughter,  step-son  and  step- 
daughter. 


TITLE    XXVI. 


CHAPTER  114. 

OF     COSTS     AND     FBES. 

i|eMtobtMin       1.    Fees  for  the  services  mentioned  in  the  Schedale  to 

this  Chapter  shall  be  as  therein  prescribed. 
JJgjJjs^tor^       2.    Any  person  taking  greater  fees  shall,  for  each  offenoa, 
feet.  ^  forfeit  to  the  party  aggrieved  forty  dollars  ;  which  saOi 

with  such  excessive  fees,  may  be  recovered  by  him  iu  sb 
action  for  debt, 
ijctionsforpen-      3.     ActioDS  for  such  forfeitures  shall  be  brought  io  the 
brought;1imi-   county  wherc  the  offence  was  committed,  and  within  six 
totion.  months  next  after  the  date  of  such  offence. 

p»thenotory  to      4.     Every  prothoDotary  shall,  w  henever  req  uired,  forniA 

fnniieh  bill  of      x     al        j.a  i*  •   •         xi  t_-ii    taLa 

iteiDi,when      to  the  attomoys  or  parties  req[uiriug  the  same,  a  bill  of  too 
required.         items  of  his  own,  the  crier's  and  constable's  fees,  on  pen- 
alty of  twenty  dollars ;  and  nothing  shall  be  taxed  for  such 
fees  if  the  demand  bo  made  and  not  complied  with  before 
taxation  of  the  costs  in  the  cause. 


SCHEDULE. 

Fees  to  be  taken  at  the  Provincial  Secretary's  Ojfflee,  caiid 

paid  into  the  Treasury. 

Each  certificate,  under  the  hand  of  the  Governor  sol 
the  Great  Seal  of  the  Province,  four  dollars.  .    |): 

Each  certificate,  under  the  hand  of  the  Governor  tf» 
the  seal  at  arms,  two  dollars. 

Each  certificate,  under  the  hand  and  seal  of  the  ProWft* 
cial  Secretary,  one  dollar. 


n.] 


(W 


TS  AND  FEES. 


611 


U 
U 


tering  diploma, 
lission  for  Sheriff, 

Coroner, 

Notary  and  Tabellion  Public, 
s  of  any  papers  in  the  Secretary's  office, 
olio, 

hing  books  or  documents  in  the  Secre- 
3  office, 
lission  for  Judge  of  Probate, 

Prothonotary, 

Registrar  of  Deeds, 
"  Probate, 

Deputy     Surveyor    of   Crown 
s. 


u 
It 
u 
tt 


Prothonotary^ 8  Fees. 

action,  fih'ng  oath,  warrant  or  prsecipe, 
nd  signing  every  writ,  execution,  or  other 

38S, 

ery  writ,  and  entering  return, 

claration  and  all  other  pleadings, 

appearance, 

and  filing  every  rule  of  court, 

3very  rule  when  given  by  prothonotary, 

ring  and  striking  a  special  jury,  and  for 

)s  of  the  lists  furnished  to  the  respective 

es  and  all  other  services  connected  there- 

cause  on  docket,  including  attendance  at 
lambers, 

and  impannelling  jury, 

each  witness  or  constable, 
id  entering  verdict, 
judgment, 

tnonotary  at   Halifax,  for  the   entry  of  a 
[Qept  not  belonging  to  the  Supreme  Court 
sdifax,  and  for  the  transcript  thereof, 
irazit  or  discontinuance, 

all  papers,  per  folio, 
bibit  in  a  cause  filed  in  court, 
fidayit  in  pourt, 
idaviti 

[reoorda, 

0yery  dj^fkolt, 

9^d  taldng  Qvery  recognizance) 

etrery  non-Bait, ' 

nd  signing  every  subpoena, 

|IM  of  erery  cause, 


$4  00  Chap.  114. 

2  00 

5  00 

10  00 

0  10 

0  25 
10  00 
10  00 
10  00 
10  00 

5  00 


0  50 

0  20 
0  10 
0  10 
0  30 
0  10 
0  10 


2  00 

0  30 
0  20 
0  10 
0  20 
0  40 


0  50 
0  10 
0  10 
0  06 
0  20 
0  10 
0  10 
0  10 
0  20 
0  10 
0  20 
0  10 
0  20 


(12  COSTS  ASD  FES.     #  [PJJDT  HL 

Chap.  lU-  riling  the  roll  in  every  canse,  |0  JB 

• '-  Taxing  bill  of  costs,  0  W 

Copv  of  docket  and  certificate  of  jadgment,  0  SO 

Certificate  of  discharge  of  jadgment.  0  30 
In  jodgments  on  undefended  declaration  cases,  hj 

confession  or  defanlt,  2  5t 

In  judgments  on  undefended  foreclosure  cases,  3  50 

In  Summary  and  Appeal  suUm. 

Signing  and  sealing  writs,  0  50 
For  all   other  services,  including  final  judgment, 

when  not  tried  by  a  jury,  0  SO 

For  every  alias  summary  writ  and  praecipe,  0  iO 

In  Suhsummary  suits. 

Signing  and  sealing  writ,  0  21 

Signing  judgment,  0  Jl 

Every  subpoena  or  ticket,  0  II 

No  commission  shall  be  allowed  or  deducted  from 
money  paid  into  court  under  any  rule  or  plea. 

Vammisnoner^s  Fees. 

For  administering  oath,  0  • 

For  marking  writ,  0  U 

Taking  depositions  of  witnesses,  each  witness,  H* 

And  for  taking  depositions,  per  folio,  0  !• 

Travelling  fees,  when  necessary,  per  mile,  0  OS 

Sheriff's  Fees. 

Serving  snmons  and  making  return  thereof,  0  W 

Serving  every  other  writ  ol  mesne  process  or  scire 

facias,  and  making  return  thereof,  1  W 

Serving  every  execution  and  making  return  thereof,  1  ^ 
Returning  every  execution  where  the  same  has  not 

been  served,  0  M 

Serving  every  writ  of  possession  and  making  return 

thereof,  8 

Travel  per  mile  from  the  place  of  residence  of  the 

Sheriff  to  the  place  where  he  shall  serve  a  writ,    0  W 
Where  the  Sheriff  shall  serve  any  writ  returnable 
out  of  his  county  he   shall  be   entitled  to  charge 
and  receive  one  dollar  extra  for  returning  such  writ. 
Every  bail  bond,  .  0  JJ 

Summoning  a  jury  in  each  cause,  0  50 

Executing  writ   of  inquiry,  summoning  jury,  and  I 

making  return,  'I 


!TLB  XZTI.]  COSTS  AKD  FEES.  413 

etnrning  every  special  jury,  $3  00  Chap.  114. 

0  exeoation  or  sttacbment  where  a  sale  shall  take 

place  extended  on  personal  property,  sale  and 

payment  of  the  money  to  the  party  or  his  attor- 

Dey,  as  follows : 
or  any  earn  not  exceeding  |200,  five  cents  in  the 

dollar, 
rom  $200  to  $400,  fonr  cents  in  the  dollar, 
or  all  above  8400,  two  and  a  half  cents  in  the  dollar. 

1  casoB  where  there  shall  be  no  Bale,  one   half  the 

above  fees  on  actual  payment  of  the  money. 

or  making  inventory  of  goods  attached,  such  rea> 
Bonable  fees  as  shall  be  taxed  by  the  coart  out 
of  which  the  writ  shall  have  issued. 

or  certifying  copy  of  attachment  levied  on  real 
estate  and  making  and  delivering  to  the  regis- 
trar of  deeds  copy  of  the  appraisement  of  the 
real  estate,  1  00 

Q  the  sale  of  all  real  estate,  whether  by  virtue  of 
an  execution  or  attachment,  or  by  virtae  of  any 
role  or  order,  and  payment  of  the  proceeds  to 
party  or  his  attorney,  two  and  a  half  cents  in 
the  dollar, 

very  deed,  2  00 

ringing  up  prisoner  by  habeas  corpus,  1  00 

ttending  prisoner  before  judge  on  any  special 

occasion,  0  75 

or  every  member  returned  dnly  elected  to  serve 
in  general  assembly,  to  be  paid  out  of  the  trea- 
sury in  lieu  ot  all  other  expenses  chargeable 
upon  the  treasury,  6  00 

WtummoDing  the  grand  and  petit  juries,  a  sum 
not  exceening  $20  for  both  jaries,  if  allowed 
by  the  grand  jury  and  approved  by  the  ses- 

Appraiser's  Fees. 
Por  appraising  goods  or  real  estate  taken  under 

ftttacliment,  each  appraiser,  0  50 

i^ben  property  is  extensive  and   complicated,  for 

each  day  actaally  employed,  each  appraiser,         0  70 

Juror^s  Fees. 
^etit  and  special  jurors,  per  day  1  00 

''^BTel  per  mile  from  place  of  residence  to  court 


0  10 


WUneaa'  FeeM. 


IMrday,  0  50 

miDg  and  going,  0  05 


$0  07 

0  10 

0  07 

COS 

0  10 

0  10 

0  ao 

O20 

oao 

614  COSTS  AND  FEB3.  [F^AST  UL 

OhAp.  114.  To  be  the  same  in  every  court. 

PlaintiflF  or  defendsDi  no  witness  fees  except  where 

called  by  the  opposite  party. 

•  • 

Orier'a  Fees. 

For  every  default  on  non-suit, 

'*    calling  jury  in  each  cause, 

"    every  verdict, 

"    swearing  every  witness, 

^'    diechareing  a  party  by  proclamation, 
On  every  bill  of  costs  taxed  in  the  country, 
"  "  "  Halifax, 

Constable's  Fees  in  Supreme  Court. 

Attending  jury  in  each  cause, 

Serving  every  warrant  or  summons. 

Summoning  a  jury  by  warrant  from  coroner,  and 

attendance  per  day,  0  50 

Travel  per  mile  the  same  as  Sheriff. 

Coroner^s  Fees. 

For  every  inquisition,  including  $2.40  for  fees  of 
jury  and  50  cents  for  fee  of  constable,  to  be  paid 
by  the  Province,  10  00 

Any  extraordinary  and  necessary  expense  attending 
the  inquest  or  burial  of  a  deceased  person,  if 
approved  of  by  the  grand  jury  and  court  of  ses- 
sions, to  be  a  county  charge. 

The  same  fees  as  a  Sheriff  in  cases  where  he  dis- 
charges the  duty  of  a  SheriflF. 

Arbitrator's  Fees  under  a  rule  of  Court. 
Reasonable  fees  to  be  taxed. 

Medical  Practitioner's  Fees, 
For  attendance  and  evidence  before  coroner,  5  00 

attorney's   fees. 

In  all  Causes  under  eighty  dollars^  and  Appeal  Causes. 

For  writ,  praecipe,  aflSdavit  and  declaration,  3  50 

On  final  judgment,  3  W 

Subpoena  and  prjBcipe,  0  W, 

Execution,  1  ^' 

Brief  and  copy,  when  not  tried  by  a  jury,  not  less 

than  $1.50,  nor  more  than  3,00. 
''    when  tried  by  a  jury,  not  more  than  $15.00|  at        ^ 

the  discretion  of  the  judge. 


:ZV1.]  C08IS  AND  PBES.  616 

)peal  causes  the  party  sacceediDg  in  the  oonrt  above  Obap.  114. 

)  entitled  to  have  his  costs  from  the  court  below  ' 

;o  his  bill  when  taxed,  and  the  judge  or  court  below 
X  and  send  up  with  the  appeal  papers  the  costs  on 
des. 

In  all  other  Causes. 

ng  fee, 

ter, 

it  of  attorney, 

e, 

(vrit,  summons,  or  other  original  process, 

aining  declaration,  additional, 
i  same, 

lars  of  demand,  per  folio, 
per  folio, 

of  trial,  notice  to  produce,  and  other  neces^ 

y  notices,  in  a  cause, 

each, 


it  to  hold  to  bail, 
g  appearance, 

id  copies,  not  less  than  $1.50,  nor  more  than 
).00,  to  be  taxed  by  the  court, 
continuance, 

liscontinuance  or  retraxit, 
ing,  balloting,  or  striking  special  jury, 
ng,  taking  every  inquisition  before  Sheriff, 
bill  of  costs, 
ing  to  get  same  taxed, 
g  a  demurrer,  special  verdict,  motion  for  new 
u,  or  other  special  motion, 
»e, 

»s  and  copies,  each, 
lobpoena,. 
;icket, 

per  mile  for  service,  the  same  as  to  Sheriff. 
log  tihe  esaminatiou  of  every  witness  taken 
bra^a  judge  or  commissioner, 
leoetsary  attendance  before  a  judge, 
aGcecutioo,  habeas  carpus ,  writ  of  error  and 
it  of  Uuffkiry  or  revivor,  each, 
g[  imoei  per  folio, 
nog,  ift«0i  per  folioi 
I  ffMotfdy  per  ioliOf 
RDg  fftflM,  per  folio. 


^2  00 

1  00 

0  30 

0  30 

1  00 

0  50 

1  00 

0  50 

0  20 

0  10 

1  00 

0  75 

0  25 

1  00 

0  50 

0  50 

0  50 

0  20 

0  20 

2  00 

2  00 

0  60 

0  60 

2  00 

4  00 

0  20 

0  40 

0  50 

2  50 

1  50 

1  20 

0  10 

0  10 

0  10 

0  10 

616  COSTS  AND  FEES.  [PABT  VL 

Chap.  1 14.  All  other  drafting  necessary  to  be  done  by  an  attor- 

ney  in  the  conducting  of  a  cause,  per  folio,        fO  20 

All  necessary  engrossing,  per  folio,  0  10 

AH  necessary  postages. 

All  fees  paid  registrars  of  deeds  for  certified  copies 

of  papers  necessary  for  the  trial. 
Amount  paid  for  plans  or  copies  of  plans  to  be  used 
on  trial  or  argument,  in  the  discretion  of  the 
judge. 

COUNSEL  PEES. 

In  summary,  sub-summary,  or  appeal  causes,  when  tried 
before  a  jury,  to  be  taxed  by  the  Court,  not  to  exceed 
twenty  dollars. 

In  all  other  causes  after  appearance  and  plea,  in  argo* 
meats  for  new  trials,  or  on  demurrer,  or  in  special  cases  salv 
mitted,  or  in  bills  taxed  between  attorney  and  client,  to  be 
taxed  at  the  discretion  of  the  judge,  not  to  exceed  one 
hundred  dollars ;  but  not  to  be  allowed  in  cases  of  defiEialt, 
nor  except  in  cases  of  demurrer,  unless  there  shall  have 
been  a  plea  pleaded. 

FEES    IN    EQUITABLE    SUFFS. 

The  same  fees  as  now  allowed  in  the  Supreme  Coart, 
with  the  following  additions  : 

Attorney's  Fees. 

Where  the  writ  exceeds  five  folios  the  Court  or  a 
judge  may  allow  for  the  excess,  being  not  more 
in  any  case  than  twenty  folios  in  all,  for  each 

folio.  .<'?'' 

Counsel  fee  for  examining  each  equitable  pleading,    2  50 
Counsel  fee  in  all  equitable  suits,  to  be  taxed  in  any 
stage  of  the  cause,  at  the  discretion  of  the  judge, 
but  not  to  exceed  20  00 

Drawing  every  brief  deemed  by  the  judge  necessary 
in  an  equitable  suit,  from  $4  to  $20,  at  his 
discretion. 
Every  deed  in  foreclosure,  and  other  equitable  suit  6  00 
Every  attendance  before  a  master,  shewn  to  have 
been  necessary  by  affidavit,  and  approved  of  by 
the  judge,  1  50 

All  necessary  expenses  incurred  in  serving  defend- 
ants out  of  the  Province,  in  advertising,  and 
for  postages. 
For  attending  registrar  of  deeds  for  certificate  of 

titloj  and  any  general  rule  of  court  or  order  in  a      ^    : 
cause  in  equity  or  at  law,  J  ^    | 


) 


1  00 


OM  ZSYL]  C06T8   AND    FEES.  617 

»r  attending  the  examination  of   every  witness  Chap,  114. 

before  the  Judge  or  an  examiner  in  Equity  suits 
to  be  afterwards  used  in  evidence,  $2  50 

hen  witnesses  shall  be  examined  by  consenti  by 
affidavits  drawn  by  the  solicitors,  for  such  depo- 
sitions per  foh'o,    "  0  10 

id  for  procuring  attendance  of  each  witness,  taking 
his  statement,  and  procuring  him  to  be  sworn, 

)r  every  order  for  examination  of  witness  before 

examiner,  0  75 

IT  copy  for  service,  0  50 

>r  attending  to  procure  the  same,  1  50 

>r  service  of  the  same,  0  75 

Master's   Fees. 

'etj  attendance  on  a  reference,  shewn  to  have  been 
necessary  by  affidavit,  and  approved  of  by  the 
judge,  1  50 

'ery  report,  1  50 

cid  for  every  folio  beyond  six  folios,  but  not  to  ex* 

ceed  twenty  folios  in  all,  0  20 

iministering  every  oath  and  signing  jurat,  0  40 

1  necessary  travel,  going  and  returning,  per  mile,    0  05 

1  sales  of  land  in  foreclosure  and  other  equitable 
suits : — For  Sheriff  or  master  attending  the  sale 
and  receiving  and  paying  over  the  amount,  in 
lieuof  all  poundage,  10  00 

COURT  OF  HARBIAGE  AND  DIVORCE. 

lie  Judge  Ordinary,  for  each  day  he  shall  actually 

attend,  4  00 

Advocate  and  Prodor^s  Fees. 

staining  fee  for  counsel,  5  00 

•oxy,  1  50 

neift  of  libel  or  other  pleading,  per  folio,  0  20 

igrosaiDg  same,  per  folio,  0  10 

itering  appearance,  0  75 

rmry  snbpoens,  citation  or  other  writ,  1  00 

ipws  for  service,  each,  0  30 
emwing  affidavit  of  service  of  subpoena,  citation, 

or  other  process  or  proceeding,  0  40 
Nny  petition  necessary  in  conducting  a  cause,     ^    0  75 

myorderi  0  75 
miwetfoe od  making  or  defending  every  special 

aiMiML^iiot  to  exceed  6  00 

|Miii||il|m      every  cause,  per  folio,  0  20 


_ '  --.^ 


618  COSTS  AND  FEES.  [PABT  m. 

Chap.  114.  Counsel  fee  for  examining  and  signiog  each  ploading,  $2  33 

Draft  of  interrogatories,  per  folio,  0  20 

Engrossing  ditto,  0  10 

Counsel  fee  on  hearing  or  argument,  not  to  exceed  14  00 
Making  up  bill  of  costs,  0  75 

Serving  every  subposna,  or  other  writ  or  order,  0  70 

Travel,  per  mile,  from  the  residence  of  the  partj 

making  service  to  the  place  of  service,  0  05 

Every  necessary  attendance  on  the  registrar,  1  50 

Draft  of  decree,  per  folio,  0  10 

Engrossing  ditto,  0  10 

Registrar's  Fees. 

Entering  and  filing  every  bill,  0  50 

Entering  and  filing  every  other  pleading,  0  30 

Filing  all  other  papers,  each,  0  10 

Signing  and   seahng    every  writ,   and  certifying 

copies,  0  60 

Every  search,  0  20 

Copies  of  all  papers,  per  folio,  0  10 

•          Drawing  and  signing  every  rule  or  order,  0  20 
Every  necessary  attendance  on  the  judge  ordinary,    1  00 

Every  court  day,  1  00 

On  procuring  signature  of  fiual  decree,  1  50 

Commisaioners  on  examination  of  witness^. 

For  taking  the  examination  of  every  witness,  each 

commissioner  per  day,  5  00 

PROBATE    COURT. 

Judge's    Fees. 

Where  the  estate  does  not  exceed  $400  and  there  is 

DO  contest,  in  full  oi  all  fees,  4  00 

Where  the  estate  does  not  exceed  $800  and  there  is 

DO  contest,  in  full  of  all  fees,  6 

Every  citation,  including  order  for  the  same,  0  40- 

Every  order  not  herein  specially  provided  for,  0  40 

For  the  probate  of  a  will  or  letters  of  administra- 
tion where  the  estate  does  not  exceed  $800.  and 
order  for  tbe  same,  3  8'' 

Ditto,  ditto,  when  above  $800  and  not  exceeding 

$4000,  and  order,  4  W 

Ditto,  ditto,  when  above  $4000,  and  order,  &  W[ 

For  warrant  of  appraisement  and  order  for  the  same,   ^  ^ 
For  every  subpoena,  attachment,  execution,  or  other 

process  not  otherwise  provided  for,  iaduding^      _ 
order  for  the  same,  t " 


XYI.]  C06T8   AND   FEES.  619 

ad  coUigendum^  $2  OOGbAp.  114. 

e  or  decree  in  ordinary  cases  of  granting 
inses  to  sell;  mortgage  or  lease  real  estate, 
sing  accounts  of  distribution,  <&c.,  2  00 

e  or  decree  for  probate  of  a  will  or  codicil, 
ers  of  administration,  or  granting  license  to 
,  mortgage  or  lease  real  estate,  passing  ac- 
nts  01  distribution,  &c,,  where  there  is  a 
test,  6  00 

tting  appeal  with  statement  of  decision,  5  00 

testimony  in  writing  where  there  is  a  con- 
t,  per  folio,  0  20 

t  for  appraisers  to  divide  real  estate,  on  pe- 
on of  parties,  1  00 
spoteatatem  to  take  deposition  of  witnesses, 
I  order  therefor,  1  00 
ing  and  allowing  gpardians  to  minors,  and 
er  therefor,                                                         3  00 
ath  administered  by  him,                                    0  20 
:ng  and  taxing  costs,                                            0  50 

Registrar's  Fees, 

he  estate  does  not  exceed  $400  and  there  is 
Dontest,  in  full  of  aH  fees,  4  00 

he  estate  does  not  exceed  $800  and  there  is' 
contest,  in  full  of  all  fees,  6  00 

g  every  paper,  0  07 

of  will  and  letters  of  administration  and 
ry  of  order  therefor,  where  the  e^tato  is 
ler  $800,  3  50 

estate  is  above  $800  and  does  not  exceed 
00,  and  entry  of  order,  4  00 

estate  is  above  $4000,  and  entry  of  order 
refer,  9  60 

of  guardianship  or  ad  colligendum^  and  entry 
)rder, 

will  and  probate,  per  folio, 
taring  bond  in  all  necessary  cases, 
ig  citation  and  seal, 
py  thereof, 

ig  necessary  affidavits,  each, 
irery  warrant  and  seal, 
?eij  certificate  of  licence  to  sell  real  estate, 
topies  of  papers,  per  folio, 
ry  oertificate  and  dedimus  potestaiem^ 
7  of  ^Very  decree  in  registry  book,  and  of 
17  order  not  specially  provided  for,  per  folio,- 
Woti  or  inspeotidb  of  documents, 
Ig  nibpcBDa  and  seal, 


2  00 

0  10 

0  80 

0  40 

0  20 

0  20 

0  60 

1  00 

0  10 

1  00 

0  10 

0  20 

0  40 

$0  10 
0  40 

0  40 
2  00 
0  20 
0  50 

2  00 
1  00 

0  20 

0  10 

1  50 

620  COSTS  AND    FEES.  [PART  m. 

Chap.  114«  ^i'^Qg  ©ach  ticket  for  the  same, 

— Filing  every  caveat  or  appeal. 

Preparing  every  execution,  attachment,  or   other 
process  not  specially  provided  for,  and  entry  of 
order  therefor. 
Filing  every  decree. 
Every  oath  administered  by  him, 
Taxing  costs, 

Proctor  and  Advocate's  Fees. 

Taking  instructions  for  client  to  commence  or  de- 
fend proceedings  in  probate  court. 

Preparing  every  petition, 

Preparing  every  allegation  or  other  paper  necessary 
to  be  prepared  by  him,  including  accounts,  per 
folio, 

Every  additional  copy  thereof,  per  folio. 

Every  necessary  attendance  on  judge, 

Everv  hearing  or  argument  before  the  judge,  not 
less  than  two  dollars  and  fifty  cents  nor  more 
than  ten  dollars,  at  the  discretion  of  the  judge. 

Serving  every  notice  or  other  paper,  on  each  person.    0  20 

Sheriff  or  other  ministerial  officer's  lees. 

Serving  citation  or  other  process,  (subpoena  except- 
ed), on  each  person,  0  50 

Posting  up  the  same  in  three  public  places  directed 

by  the  judge,  1  00 

Serving  subpoena  on  each  person,  0  20 

Travelling  fees  same  as  in  Supreme  Court. 

Appraiser's  Fees. 

For  appraising  the  estate  of  a  deceased  person  not 
to  exceed,  for  each  day  he  shall  be  actually 
employed,  2  00 

magistrate's  court. 

Justice's  Fees. 

Each  summons  or  capias  and  copy  thereof,  0  ^ 

Affidavit  for  a  capias  and  swearing,  0   ^ 

Subpoena,  ^   *|J 
Tickets, 

Trial  and  judgment  in  all  causes,  0 

Venire,  0 

Betnrning  papers  on  appeal  to  Supreme  Court,  0 

Each  execution,  0 
Affidavit  of  service  of  summons  when  required  and    .        4a 

swearing,  '^ 


0  w 


TTTLB  XXYI.]  COSTS  AND  FEES.  621 

Affidavit  on  appeal  and  swearing,  $0  10  Chap.  114. 

Appeal  bond,  0  50 

All  fees  taken  in  any  suit  wherein  the  services 
and  presence  of  two  justices  are  required  as  well 
as  for  execution  therein,  except  for  returning 
the  papers  on  appeal,  to  be  divided  between  the 
two  justices  acting  therein  as  follows,  two-thirds,  to  ^ 

the  lustice  first  applied  to,  and  the  remaining  third 
to  the  other. 

Constdble^s  Fees. 

Serving  summons  and  making  return,  0  20 

Serving  capias  and  making  return,  0  20 

Bail  bond,  0  20 

Summoning  a  jury,  0  20 

Summoniog  each  additional  juror  where  there  are 

not  sufficient  by-standers,  0  05 

Serving  subpoena,  each  witness,  0  10 

Serving  execution,  0  20 

Poundage  on  execution  on  sale  of  goods,  0  10 

Poundage  on  execution  where  the  amount  is  paid 

in  money,  for  each  four  dollars,  0  05 

All  travelling  to  be  computed  from  residence  of 
justice  to  residence  of  defendant,  on  summons, 
capias  or  execution ;  and  from  residence  of  offi- 
cer to  residence  of  witness,  on  subpoena,  each 
mile  when  necessarily  done,  0  10 

In  cases  of  execution  levied  on  the  body,  travelling 
to  be  computed  from  residence  ot  officer  to  that 
of  defendant  and  thence  to  place  of  confine- 
ment, each  mile,  0  10 
Where  subpoenas  are  served  by  a  constable,  travel 
shall  not  be  charged  tor  serving  each  witness, 
but  only  so  much  travel  as  may  be  actually  and 
necessarily  performed  by  the  constable  in  serv- 
ing all  the  subpoenas. 

WUnesa'  Fees. 

IBbuAi  day  in  actual  attendance,  0  50 

AJ.1  travelling,  to  be  computed  from  the  residence 

of  the  witness  to  the  place  of  trial,  per  mile,       0  08 

Note. — ^If  the  witness  at  the  time  of  being 

served  with  the  subpoena  demands  his  fees,  he 

%»    ihaU  not  be  bound  to  attend  unless  fees  equal 

^  '         to  one  chy's  attendance  and  his  travel  as  above, 

.^         be.  IqEidered  to  him  at  the  time,  or  at  such  other 

iWiUe  time  before  the  day  of  trial,  as  to 

I  of  bie  attendance  with  certainty. 


622  COSTS   AND   FEBB.  [PABT  IIL 

^^^^'  ^^*-  JuTOT'%  Fees. 

Each  juror  on  every  trial,  $0  20 

Fees  of  jailer  or  keeper  of  lock-up  houae. 

For  every  person  committed  to  jail  on  civil  process,     0  50 
«    For  every  person  discharged  therefrom,  except  in- 
solvents and  crimioals,  0  50 

BASTARDY      GASES. 

Juaiice^s  Fees, 

The  examination  of  the  woman  in  writing,  0  20 

Warrant   to  appreliend  the  reputed   father  before 

birth  of  the  child,  .  0  40 

Bond  to  indemnify  the  township  or  district,  0  60 

Warrant  to  bring  the    reputed  father  and  mother 

before  the  justices,  0  60 

All  commitments,  each,  0  20 

Bond  to  perform  order  of  filiation,  whether  on  ap- 

peal'or  otherwise,  0  60 

Warrant  to  apprehend  the  reputed  father  when  he 

shall  not  have  appeared  at  the  time  of  making 

order  of  filiation,  0  40 

Order  of  filiation,  per  folio,  0  10 

Comiahle's    Fees. 
The  same  as  in  other  cases  before  justices. 

FEES   OF    REGISTRAR   OF  DEEDS. 

For  the  attestation  of  a  subscribing  witness,  0  20 

For  entering  and  registering  every  deed  or  convey- 
ance, every  90  words,  0  10 

For  entering  every  docket  of  judgment  or  attach- 
ment, 0  50 

For  registering  appraisement,  per  folio,  0  lO 

For  entering  and  filing  a  discharge  of  judgment  or 

attachment,  0  20 

For  every  certificate  of  registry  written  on  any  deed 
or  conveyance,  (not  to  be  charged  in  case  of 
judgment  or  attachment,  or  discharge  thereof,  ^ 

or  of  the  release  of  a  mortgage),  0  2" 

For  every  office  copy  from  the  books  of  registry  de-        ^^ 

livered  out,  100  words,  0   * 

For  every  certificate  upon  such  office  copy,  where         g^ 

such  shall  be  req[uired|  0    ^^ 


TLS  ZXVI.]  COSTS  AND  FEES.  «  623 

)r  every  search,  whether  for  a  single  deed  or  con-  Chap.  114. 

veyance,  or  for  a  single  title,  made  on  one  and  

the  same  day,  $0  20 

»r  filing,  indexing,  and  entering  every  bill  of  sale 

or  copy,  0  20 

>r  administering  every  oath  thereon,  0  20 

>r  entering  and  indexing  every  certificate  of  dis- 
charge. 0  20 

>r  inspection  of  bill  of  sale,  0  20 

Dr  every  certificate  of  title  and  encumbrances  fur- 
nished in  foreclosure  or  other  suits  at  law,  or  in 
equity,  under  any  general  rule  of  court  or  order 
in  a  cause,  2  50 

FEES  ON  DISTRES^    FOB  RENT. 

'arrant  to  bailiff,  0  50 

opraisement,  0  20 

»tice  and  each  necessary  copy,  0  10 

^praisers,  each,  0  25 

a  sale,  the  same  fees  as  to  a  Sheriff. 

custody  money  to  be  allowed. 

CROWN  LAND  OFFICE  FEES. 

r  every  se$irch,  0  30 

p^  of  any  grant,  0  50 

r  every  copy  of,  or  portion  of,  or  an  entire  gene- 
ral plan  of  a  county,  such  reasonable  sum  as  the 
Commissioner  may  approve. 

'Dies  of  other  documents,  per  folio,  0  10 

The  above  fees  shall  not  apply  to  applicants  for  Grants,  or 
information  in  connection  with  such  applications ;  and  all 
Qh  fees  shall  be  paid  into  the  office  of  the  Treasurer  and 
Bonnted  for  in  the  annual  account  of  the  Commissioner  of 
Grown  Lands. 


INDEX. 


tKDBX   to  CHAFT&S8. 


697 


INDEX  TO  CHAPTERS. 


PAOK. 

sent  or  abflcondingf  debtors 549 

ndent,  compensation  to  families  of 

persons  killed  by ;.. 609 

;ion8»  limitation  of 559 

cninistrators,  &Cm  suits  against 554 

'icultural  and  land  corporations 228 

•iculture,  encouragement  of 221 

mals  and  birds,  preservation  of 340 

going  at  large 387 

noxious 343 

rabid 162 

irentices,  servants,  and  masters 887 

•itration 595 

embly,  duration  of  and  representa- 
tion in 9 

essments,  countj* 110 

for   repairs   of    meeting 

houses 147 

ociations  and  institutes  library 285 

omeys  and  barristers 437 

Tisters  and  attorneys 437 

itard  children,  maintenance  of 198 

Isof  sale,  secret 376 

ds  and  animals,  preservation  of 340 

irds  of  Health  and  infectious  dis- 
eases   157 

iDdaries  of  counties,  districts,  and 

townships 100 

dgea  and  public  landings 269 

ildingB,  county, 130 

ming  woods  and  marshes 332 

ual  and  territorial  revenue 19 

tie  and  horses,  stray 336 

impoim4ing of,  'fences,  ^. . .  ^ 136 

Ictren,  Dastard,  maintenance  of 1 98 

mhaf  England i 139 

il  Jdnndiction  of  justices 414 

ik  of  peace  and  custos 101 

rice  of  Grown  and  prothonotaries ...  106 

BinffxoedA. 260 

b^ltzmen' 228 

lianff  on  highways,  roads  over  ice, 

•na  goida  Doarda 338 

nmlwiongre  of  sewers  and  dyked 

kilde. 230 

wmHiHrifcew  tf  strip<t8 261 

imiA..:. : 240 

ill.... 365 

• , 239 


PAGE. 

Companies,  joint  stock 279 

Compensation  to  families  of  persons 

killed  by  accident 609 

Congregations  and  societies,  religious..  141 

Constables,  protection  of 608 

Construction  of  statutes i 

Controverted  elections 13 

Conveying    timber   and    lumber   on 

rivers,  &c 833 

Cjroners 106 

Corporations,  general  provisions  res- 
pecting   273 

Corporations,  land  and  ag[rictdtural 226 

Corrupt  practices  at  elections 9 

Costs  and  fees 610 

Councillors,  legislative 7 

Counties,  townships,  &c^  boundaries  of  100 

Coimty  and  townsnip  officers 131 

assessments 110 

buildings ISO 

Court  of  probate 395 

supreme  and  officers. 381 

pleadings  and  practice 

in.: 441 

Creditors,  frauds  on  by  bills  of  sale 376 

Crown,  clerks  of 106 

lands : 84 

forfeited  to,  escheat  of....  583 

property,  trespasses. to 92 

Custody  and  estates  of  lunatics 206 

Custos  and  clerk  of  peace 101 

Debtors,  absent  or  absconding 549 

Deeds  by  married  women 369 

registry  of 860 

Descent  of  real  and  personal  estate 371 

Destruction  of  noxious  animals 343 

Detainer  forcible 682 

Disabilities,  executive  and  legislative..      7 
Discharge  of  fire-arms  and  fireworks...  381 

Diseases,  infectious 167 

Distress  for  rent 686 

Districts,  poor 197 

townships,  &c 100 

Dogs,  taxation  of 339 

Dower,  writ  of i* 667 

Duration  of  general  assembly 9 

Duties  and  salaries  of  certain  officers..    97 
Dyked  and  marsh  lands,  ftc 230 

Elections,  controverted 13 


628 


INDBX  TO   CHAPTEBS. 


PAGE. 

Elections,  corrupt  practices  at 9 

Encouragement  of  a^culture 221 

Encumbrances  affecting  lands,  registry 

of. 360 

England,  church  of VQ9 

Entry  and  detainer,  forcible 582 

Equity,  procedure  in 520 

Escheatmg  lands  forfeited  to  the  Crown  583 

Estates  and  custody  of  lunatics 206 

tail 360 

Evidence  and  wihiesses 536 

Execution,  sale  of  lands  under 579 

Executive  and  legislative  disabilities...      7 
Executors,  Trustees,  &c.,  suits  against.  554 

Exhibitions,  public 335 

Expenditure  of  moneys  on  roads 249 

Families  of  persons  killed  by  accident.  609 

Farmers*  clubs 228 

Fees  and  costs 610 

Fences,  fence  viewers,  and  impounding 

of  cattle 136 

Ferries 270 

Fields,  common 240 

Fire-arms  and  fireworks 331 

Fires  and  flrewards 825 

Forcible  entry  and  detainer 582 

Foreclosure,  sale  of  lands  under 578 

Forfeited  lands,  escheating  of 583 

Frauds  and  perjuries,  prevention  of 374 

on  creditors  by  bills  of  sale 376 

Free  grantsand  homesteads 90 

Gathering  of  sea  manure 838 

General  and  special  sessions 1 08 

assembly,  duration  of,  and  re- 
presentation in 9 

provisions  respecting  corpora- 
tions.   273  I 

Going  at  large  of  certain  animals 337 

Grants,  free,  and  homesteads 90 

Great  roads,  laying  out  and  manage- 
ment of  certain 242 

Great  roads,  laying  out  of  roads  other 

than  certain 246 

Grounds  public,  supervisors  of 319 

Guardians  and  wards 386 

Guide  boards,  &c 338 

Gunpowder,  transportation  and  use  of  331 

Health,  boards  of,  and  infectious  dis- 
eases   157 

Highway  labor 263 

Highways,  coasting  on,  &c 338 

Homesteads  and  free  grants 90 

Horses  and  cattle,  stray 386 

Ice,  roads  over,  &c 338 

Immigrants 355 

Impounding  of  cattle,  fences,  Ac 136 

Incorjwrated  sureties  for  officers 284 

Infectious    diseases,   and    boards    of 
health 157 

Institutes  and  associationsriibrary...!!  285 


PA6K. 

Instruction  public 163 

Intoxicating  liquors,  licenses  for  side  of  343 

Jails  and  other  county  buildings... 130 

Joint  stock  companies 279 

tenancy,  and  tenancy  in  common  365 

Juries a 435 

Jurisdiction  of  justices  in  civil  cases..  414 
Justices  of  peace,  protection  of 605 

Labor,  highway 253 

Land  and  agricultural  corporations.....  226 

Landings,  public,  &c 2fi9 

Lands,  dyked  and  marsh 230 

forfeited  to  crown,  escheat  of...  563 

of  the  crown Si 

partition  of 570 

registry  of  deeds  and  encum- 
brances affecting 3»W 

saleof  under  execution 579 

foreclosure 575 

Laying  out  and  management  of  certain 

great  roads. 342 

roads    other    than    certain 

great  roacb 24<i 

Legislative  and  executive  di-^^abilitiei}...     ' 

coimcillors 7 

Liberty  of  subject. IwO 

Library  associations  and  institutes. "^ 

Licenses  for  sale  of  intoxicating  iiquoni  343 

Limitation  of  actions 559 

Lumber  and  timber,  conveying  of  on 

rivers,  &c * 333 

Lunatics,  custody  and  estates  of iWC 

Magistrates,  civil  jurisdiction  of 414 

Maintenance  of  Iwvstiird  children 196 

Management  and  laying  out  of  certain 

roads 242 

Manure,  sea,  gathering  of 338 

Markets,  public 3iM 

Marriage,  solemnization  of 378 

Married  women,  deeds  by 359 

protection  of 384 

Marsh  and  dyked  lands 230 

Marshes  and  woods,  burning, 332 

Masters,  apprentices  and  servants. 3^ 

Medicine  and  surgery,  practitioners  in  14S 
Meeting  houses,  assessments  for  repairs 

of 147 

Mines  and  minerals 21 

regulation  of 59 

Moneys,  ex^^enditure  of  on  roads 249 

Mortgage,  sale  of  lands  under  fctedo- 

sureof 57^ 

Municipalities ^ 

Noxious  animals,  destruction  of. ^ 

Nuisances I" 

Obstructions,  removal  of  from  riveis..* 
Officers,  certain  public,  their  siltriei 

and  duties ••  ? 

county  and  towii8hip....^MM-  ** 


IMOBX  TO  CHAPTERS. 


Offlcera,  incorporated  Hureties  for 2 

of  mpreuw  court 3 

Partition  of  bmds fi 

PntoenbiiM^ 6 

Pe*ce,  clerk  of.uidGuatos 1 

Petjiuiee  and  fraudB,  prevention  of 3 

Personal  uid  real  estate,  descent  of 3 

wills  of 3 

Persons  killed  by  accident,  compensa- 

tion  to  families  of & 

Fleadinffs  and   practice   in  supreme 

Poor  districts 1 

settlement  and  support  of. II 

Practice   and  pleadings    in   supreme 

PiBctitioneis  in  medicine  and  surgery  1 

Preservation  of  roads 2 

useful  biids  and  ani- 
mals   S 

Prevention  of  corrupt  practices  at  elec- 

frauils  and  perjuries 3 

on    creditors    by 
secret  bills  of 

sale 3 

Probate  court  and  procedure  therein....  S. 

Procedure  in  equity a 

probate  court,  &c 31 

Promulgation     and     construction    of 

statutes  

Property.  Crown,  trespasses  to 

public,  trustees  of 3 

I^t«ction  of  constables Bi 

Justices  of  the  peace ft 

married  women  in  cet^ 

taincases 3 

nothonotaries  and  clerks  of  crown ll 

noviaions,  certain  respecting  railroads  Z 

Poblic  exhibitions 3i 

grounds,  supervisors  of -..,  3 

&)«truction h 

landings 3 

markets 3: 

officers,  certain,  their  salaries 

and  duties 1 

propertj,  trustees  of 3 

iBcords I 

works,  subscriptions  ti> 3: 

.liUd  animals 1( 

Ufaoada,  certain  provisions  respecting  ? 
tml  and  pcmonal  estate,  descent  of . , . .  3' 

wills  of- 31 

Records,  public I 

Begit>try  of  deeds  ami  encumbi'ances 

affecting  lands. 31 

RetcuUtionof  mioe.H... I 

Religious  oougregntions  and  societies..  1' 
Rentoral  of  oMtriictions  from  rivers...  S! 

Bent,  distress  for 61 

BepaiiB  of  meeting  ho us«e,  assessments 


Representation  in  general  assembly 

Revenue,  casual  and  territorial 

Rivers,  conveying  timber  and  lumber, 

Ac 3 

Boads,  closineof 2 

expenditure  of  moneys  on 2 

laying  out  and  management  of 

certain  great 2 

of  other  than  certain 

great 2 

over  ice,  &c 3 

preservation  of. 2 

Salaries  and  duties  of  certain  officers... 
Sale  of  intoxicating  liquors,  licenses  for  & 

lands  under  execution 5' 

foreclosure  of  mort- 

Sea  manure,  gatbering  of 3 

Seats,  vacating  of 

Secret  bills  of  sale,  te 3 

Securing  liberty  of  subject 5 

Servants,  apprentices,  and  masters 3 

Sessions,  general  and  special I' 

Settlement  and  support  of  poor T 

Sewarn,  commissioners  of,  Ac 2 

Sheriffs H 

Societies  and  congregations,  religious..  1' 

Solemnization  of  marriage 3' 

Special  and  general  sessions 1< 

Statutes,  promulgation  and   construc- 
tion of 

Stray  horses  and  cattle 3 

Streets,  commissioners  of S 

Subject,  liberty  of & 

Subscriptions  to  public  works 3 

Suits    against    absent    or  absconding 

debtors & 

executors,  administra- 
tors, and  truBtoee.,  Bi 

Supervisors  of  public  grounds S. 

Sup[>ortand  settlement  of  poor II 

Supreme  court  and  its  officers 3! 

pleadings  and  practice 

SureUes  incorporated,  for  officers 21 

Surgery  and  medicine,  practitioners  in  I' 

Tail,  estates  in 31 

Taxation  of  dom S 

Tenancies  and  forcible  entry  and  de- 
tainer  ;.  II 

Tenancy,  joint  and  in  common 31 

Territorial  and  casual  revenue 

Townships,  certain  county  and  town- 
ship offlcets- II 

counties,  Jfcc,  boundaries  of  II 
Transportation  and  use  of  gunpowder  3 

Trespasses  to  crown  property I 

TruMees,eiecutorB,&c,,suitsagainBt...  fil 

of  public  property 8. 

Trusts  and  trustees 51 

Useful  birds  and  animals,  preMmtiun 


6S0 


INDEX  TO   CHAFTKBS. 


Vacating  seats. 


PAGB. 

...    18 


Waids  and  ffuardiana 386 

Wills  of  real  and  jpeisonal  estate 866 

WitneASesand  evidence 536 


PAGE. 

Women,  married,  deeds  bjr ~  399 

inotection  of^ 384 

Woods  and  marshes,  burning 3S2 

Works  public  subscriptions  to. ~  SS 

Writ  of  dower 567 


OENERAX  INDEX.  Btt 


'  GENERAL  INDEX. 


A. 

f  PAOB. 

ONED  Mines.    See  Mines  and  Mtnerah 45,46 

RegvJationof    67 

MENT.     See  Supreme  Court,  Pleadings  and  Practice  in    459  to  462, 483 

Ltmitation  of  Actions 669 

Plea  op.    See  Supreme  Court y  Pleadings  and  Practice     45S-9,  600 

SDING  DEBTOH.  *i  u  u  a       ^^  ^Q^ 

T  Defendant.    See  Equity^  Procedure  in         622 

SMT  OK  ABSCOTVDIIVG  I>EBTOR8        649 

Bdavit,  before  issue  of  summons,  how  made  and  what  to  state    649 

summoning  agent,  what  to  state,  Ac.  651 

bv  party  objecting  to  attachment,  what  to  state 550 

jent,  affidavit  necessary,  before  issue  of  simimons  against     551 

appearance  and  declaration  to  be  fyled  and  served  by  552 

of,  for  personal  examination,  when  requited  652 

entitled  to  commission,  costs  and  witness  feed  in  certain  cases  561,  652 

examination  of,  upon  oath,  before  whom  and  when        552 

execution  may  be  issued  against,  by  order  of  court 551 

sued  out,  for  costs  and  fee?  of 662 

goods  in  hands  of,  bound  by  service  of  process  on 661 

may  put  in  and  perfect  special  bail  in  certain  cases       562 

not  appearing,  may  be  proceeded  against  tot  contempt        662 

liable  for  goods  taken  out  of  his  hands  by  process 661 

of  foreign  comi>any,  examination  of,  after  Judgment,  &c.  668 

goods  in  hands  of,  liable  n>r  liidgment      668 

process  on  how  served,  and  effect  of    568 

time  allowed  to,  to  communicate  with  principal      553 

where  no  agent,  what  proceedings  taken  664 

'pearance,  by  agent  or  trustee,  when  to  be  made,  &c.  662 

defendant, at  anytime  before  judgment        661 

in  default  of,  after  six  months,  procedure. 651 

6eesment  of  damages,  when  and  before  whom  made      661 

tachment,  against  estate  and  effects  of  foreign  company        668 

amount  for  which  sheriff  shall  levy  under    , 649 

to  be  endorsed,  same  as  on  summons       649 

application  to  set  aside,  by  whom  and  how  mlide       660 

court  may  refer  facts  relating  to,  to  iury,  &c 660 

defendant's  property  only  bound  by  levy       660 

effect  and  validity  of  may  be  disputed 660 

form  of  writ  of.     See  Supreme  Court,  Pleadings  and  Practice.  606 

il  special,  maj  be  put  to  relieve  property  att^hed       650 

mpanies  foreign,  agents  of,  how  proceeded  against 658 

liability  as  regards  goods  in  hand     668 

may  be  allowed  time  to  communicate    653 

examined  after  judgment    653 

doing  business  by  agents,  how  tnroceected  against    558 

may  oe  proceeded  against  by  attachment  553 

property  of,  how  bound  by  jud^ent 664 

i  where  property,  and  no  agent,  vniat  prooeddings  664 

m  amount  for  whidi  snenff  to  levy  under  attachment       649 


6SS  GENERAL  INDEX. 

PAGE. 

ABSEIVT  OR  ABSCOMDHVG  I^ERTOlftS— CoHtiBaed* 

Costs,  court  may  direct  security  to  be  ^ven  for  on  inquiry  550 

of  agent,  with  commission  and  fees,  to  be  allowed         651,552 

what  amount  to  be  secured  by  service  on  agent       551 

when  agent  liable  for,  in  case  non-appearance,  &c 552 

person  sued  as  agent  of  foreign  company,  may  have    558 

Execution,  plaintiff  to  give  security,  before  issue  of,  &c.         551 

when  agent  entitled  to  sue  out  against  plaintiff  5^ 

Goods,  agent  not  liable  for,  when  taken  under  process  of  law 551 

appraisement  of,  to  be  made  by  appraisers,  before  levy        550 

in  agent's  hands,  boimd  by  service  of  process  on  561' 

*  perishable  may  be  sold  by  order  of  court,  when     550 

Judgment,  examination  of  agent  after,  how  made       65S 

how  plaintiff  may  obtain  security  before  55S 

may  be  postponea  and  new  trial  granted    551 

Rehearing,  defendant  entitled  to  within  three  years  552 

Trial,  new,  may  be  ordered  by  judge,  if  dissatisfied 551 

not  to  take  place  before  attachment  or  agent's  admission       552 

Absent  or  Absconding  Debtors.    See  Landt,  Sme  of  under  For^doture       578-9 

Absent  Parties.    See  Lands,  Pari^ion  of  571 

Absent  Witness.    Bee  Witnesses  and  JEvidfnce  536 

Absentees.    See  Highway  Labor  351 

Academies,  Ck)UNTY.    See  PMic  Instrtuition  181 

AC€I]>£lliT,  C01IIPI:M8ATI0M    TO  FAlfllUffiS  OF   PERSONS 

KJDLIJB]>  BY     

Action  for  damages  may  be  brought  where  person  dies  through  wrongful  act, 

neglect  or  default  of  another        

measure  of  damages  in  

only  one  for  same  cause 

plaintiff  in  to  deliver  certain  particulars         ^ 

to  be  brought  by  personal  representatives,  for  benefit  of  relatives  of 

deceased  009 

within  12  months  after  death  00® 

Death  of  injured  party  not  to  lessee  wrong-doer's  liability  to  action  for  damages  009 

Definition  of  *  parent'  and  *  child' in  chapter    610 

Accidents.    See  Mines,  Regulation  of    66,88 

Account.  Limitatum  of  Actions         550,500 

Account,  MATTERS  OF.    See  Arhitraticm  595^ 

Accounts.    See  PuMic  Markets  ^^ 

Officers,  certainy  their  Salaries,  ^c ^ 

Property,  Trustees  of 51* 

jRoads,  Expemttture  of  Moneys  on  ^'51 

Streets,  Commissioners  of      *^ 

Acknowledgment.    See  Limitation  of  Actions 659,  660, 563, 5» 

Married  toomen,  Deeds  by    ^J 

Action,  CAUSE  OF.    See  Justices,  Jutisdiction  of  ^c ^ 

Actions.    See  Accident,  compensation,  ^c ^ 

Constables,  Protection  of OOS.W^ 

CostsandFees  ^f, 

Croton  Property,  Trespasses  to        ^; 

Executors,  Administrators  and  Trustees  ^f 

Lfitoxicating  Liquors,  Licenses,  iSfC ?*« 

Justices,  Protection  of       605-6-^:^ 

Lands,  Sale  of  under  Foreclosure  '^1^ 

Marrjape,  SolemnisMion  of  ^ 

Munictpcdkies  j^ 

Nuisances  J^ 

Streets,  CommissioTters  of        jS 

Supreme  Courty  Pleadings,  ^c 447,  455eqq»*'- 

Various  other  chapters.  ^ 

Limitation  OF.    See  Limitation  of  Actions ""iLS 

Acts.    See  Corporations,  General  Provisions  respecting       o?!* 

Statutes,  lYomulgation  and  Construction  of  .vrtS 

ofState,  &c.    See  Witnesses  and  Eoidmce 9^i'^ 


GBNERAL  INDBX.  68S 

PAGE. 

IGENDUM  LBTTBB8.    See  Probate  Court,  (J-c 407,  409 

\.    See  Supreme  Court,  IHeadin^s,  ^c 465 

tE8  TO  CtoURT.    See  Supreme  (^ourt,  Pleadings,  ^c 477 

IBATION.    See  Probate  Court,  ^c.  396-6,409 

rRATORS.  *♦  **  396-7,400,402-4-6-6-9,413 

Public  Works,  Subscriptiona  to 324 

&c^  Suits  against.    See  Krecutors,  Administrators  and  Trustees, 

Suks  against        564 

ly.    See  Witnesses  and  Evidence 546 

5MKNT.    See  Descent  of  Heal  and  Personal  Estate        373-4 

SEMENT.        Lands,  Sale  of  under  Evecution         581 

**  "      Foreclosure  678 

Probate  Court,  i^c, 398-9.400-1-3 

-E.  Costs  and  Fees  617,620 

ITS.  Absent  or  Absconding  Debtors  549,  sqq 

Justices,  Jurisdiction  of * 416.418,421,434 

Probate  Court,  ^c 410 

Supreme  Court,  Pleadings  and  Practice  in 449.  463-7-8, 476,  497 

Various  other  chaptera. 

iTiONS.  Municipalities        306 

Statutes,  Promulgation,  ^c.  4 

Witnesses  and  Evidence 548 

See  Absent  or  Absconding  Debtors    551  to  554 

Imtnifp^ofUs  355-6-7 

Intoxicating  Liquors,  (^c.  351-2 

ENTS.    See  Frauds  and  Petyuries  374-5 

Moods,  certain  Great,  Si-c 243-4 

other  thmi  certain  Great,  ^c 246 

WITH  Clergymen.    See  Peligious  Congregations,  8fc 144 

n'l.TVRAI.  AMD  l.AM]>  CORPORATIOM8 226 

cultural  corporations ;  diiration  and  organization  of «...  226 

privileges  of,  how  long  to  continue  226 

1  coqx)ration8 ;  association  how  formed,  &c 226 

liabilities,  privileges,  restrictions,  &c 227 

patent  to,  how  to  oe  issued,  &c.  227 

power  of  over  lands  purchased     227 

railways  may  be  constructed  through  lands      228 

.TUBAL  Improvement.    See  Crotvn  Lands  85.  sqa 

Societies.  Agriculture,  Encouragement  of    2iSi-4-S 

•TUBE,  Central  Board  of.    See  "  "  "  221-2-3-6 

:1JI.TIJRE,  E!VCOURAGEllIEMT  OF.         221 

CULTURAL  Societies  ;  annual  meetings  of,  when  held      224 

report  of,  when  to  be  presented 224 

show,  recommended  to  be  held  by. 225 

boundaries  of,  how  defined  in  case  of  difficulty 224 

bye-laws,  may  be  made,  altered,  or  repealed 224 

chapter  to  apply  to  present  and  future    226 

declaration  on  formation  of,  where  to  be  sent...  223 

first  officers  of  to  continue  imtil  successors  appointed  224 
forfeiture  for  neglect  to  render  accounts,  &e  .,.         225 

form  of  declaration 225 

government  allowance  to,  h'lw  apportioned 224 

limitation  of  grant  to  any  one  society 223 

meetings,  annual  and  special,  when  held    224 

objects  of,  defined  and  specified 224 

organization  of,  by  declaration  and  subscription       228 
show,  annual,  other  system  may  be  substituted  for..  225 

subscription ,  double  amount  may  be  drawn 223 

limitation  as  to  sum  to  one  society  ...  223 

KAL  BOABB ;  appointment  and  selection  of. 221 

duties  of,  defined  and  specified 222 

districts  firom  which  members  to  be  selected 226 

election  of  officers  of,  when  to  take  place 222 

tot  meeting  of,  where  to  be  held    222 

gonittal  meeting  annually  in  Halifax      222 


684  OltmKAL  iKDEt. 

PAOl. 


AGRICUI^TURE,  EMCOVWULGmKE'^T  OF— CfMitlBiied* 

Central  Board;  general  provmcial  exhibitiozi  every  three  yeain. 223 

fifoyemment  grant,  appropriated  and  drawn  by   iS3 

Goyamor  in  Council  to  select  members  of     221 

inspectors  of  societies  to  be  appointed  by 22) 

Journal  of  Agriculture,  published  and  diBtributed  by 222 

members  to  receive  actual  travelling  ez})en8es,  &c 222 

of,  to  retire  annually,  may  be  re-elected       222 

nominations  for,  how  made,  transmitted 221 

when  neglected.  Governor  to  appoint...         222 

reports  and  accounts  to  be  received  and  examined  by       222 

societies,  county  and  district,  to  be  formed  by 222 

special  meeting  may  be  called  by  the  secretary   222 

stock,  ^rain,  &c.,  to  be  imported  for  distribution        222 

vacancies  in  board,  how  filled 222 

AL(TBBATI0N  IN  Will.    See  WUU  of  lUal  and  Penmal  Estate       9Sl 

AMBNDBfENT.    See  Jurte« 435 

Limitaium  of  Actions 570 

Supreme  Court,  PleadmffS,  i^c ^464, 474 

Amends.    8ee  JusticeSt  Protection  of       607 

Supreme  Court,  Pleadings,  ^c 4® 

Amercements.    See  Asaeismente,  County 111,112,121 

Mumcipatities 307 

Animals  and  Birds,  Presbrvation  of.    See  Birds  and  Animah 3W 

AnrilllAI^,  CERTAIM  GOIMG  AT  I«ARGE.         ^ 

(^attle  and  horses  infected,  regulations  concerning      ^ 

^^R^  ^oo^f  Bwine,  &c.,  regulations  concerning    ^ 

Penalties  for  breacli  of  regulations  affixed     ^ 

Where  no  property,  defendant  may  be  imprisoned 8S^ 

Animals,  Certain,  Preservation  OP.    See  Birds  and  Animals    MP 

ANlMAMJSf  MOXIOUS,  9E8TRUCTIOM  OF 345 

Bears,  sessions  may  offer  rewards  for  killing 343 

Loupcerviers,  rewards  for  killing  may  be  onered 34^ 

Wildcats,  sessions  may  offer  rewards  for  killing 345 

Wolves,  bounty  for  killing  paid  out  of  treasury 845 

justices  duty  on  application  for  bounty 345 

persons  applying  for  bounty,  proceedings  bj'        345 

Animals,  Rabid.    See  Bab^ Animals,  1*^- 

Annapolis  River  Bridge.    See  Streets,  Commissioners  of 368 

Answer  of  Defendant.    See  JEquity,  Procedure  in   .....521-2 

Answers  TO  Interrogatories.    See  Witnesses  and  Evidence       538 

Appeal  Causes.    See  Costs  and  Fees.... ^....^615 

Supreme  Court,  Pleadings,  8fc.,,        456-7, 4W 

Apparent  Possession.    See  BUls  of  Sale,  Secret,  ^c 377 

Appeals.    See  Assessments,  County 12J 

Bastard  Children,  ^c 3(» 

Birds  and  Animals,  Sfc,  341 

Costs  and  Fees ^1^ 

Crovm  Property,  Trespasses  to ^ 

J^uity,  Procedure  in       ^^^^ 

Fences,  Fence  Vietcers,  ^c 137-8 

Intoxicatiny  Liquors,  ^c 34S 

Justices,  Jurisdiction  of  418-9,434-5 

Afities  and  Minerals        33,  36-7-S-9,4« 

Poor,  Settlement  and  Support  of  191,1^4 

Probate  Court,  ^c 4a7-« 

Public  Becords ^ 

Statutes,  Promulgation,  8^c * 

Supreme  Court,  Pleadings,  &c ^^^^S^^ 

APPEARANCE.    See  Absent  or  Absconding  Debtors 56^ 

Lands,  Partition  of 5i 

.  Supreme  Court,  Pleddings,  &c .464-6,  4fi3»  480,  wf 

Applications  FOR  License,  Ac.    See  Mints  and  Minerals      -^.^ 

Appointment.    See  Wills  of  Beat  and  Personal  Estate      ^....        J» 


oeKeral  indbx.  ms 

PAGE. 

PPOINTMBNT8.    SoB  Statutes,  Promulgation,  ^c,  ......        ......  4,  b 

PPBAI8EMENT.  Fences,  Fence  Vkwers,  4^c    136 

Probate  Court 398 

Rent,  Distress  for 685 

PPEAisEBS.    ^^  Costs  and  Fees  613,620 

Probate  Court 898 

JRotidsi  CertAht  Great,  8cc. 248 

Other  than  Certain  Great,  ^c 246-7 

^PBBHKNSiON  OP  Lunatics,    ^e/fi  Lunatics,  Cu$to£f,  ^t       206-8 

PP&ENTICES.    ^ee  Highways,  Coasting  an *.        388 

Masters,  and  Servants.    See  Masters,  ^6.    887 

I^BKNTICRSHIP.    ^Mi  Guardians  and  Words 387 

litBITR^TIOM. 596 

Account,  matters  of  referred  to  athitrstion 695,696 

Action  begun  by  one  party  after  all  have  agreed  to  arbitrate,  how  stayed,  fte.      697 

Application  for  reference  of  matters  of  account  /w6,  696,  697 

to  set  aside  award,  to  be  made  within  month        697 

if  not  made  or  granted,  award  flnal .697 

Arbitrators,  appointed  by  court  in  defamt  of  parties 695,  698 

one  party,  when  to  act  alone      698 

award  of  may.be  m  form  of  special  case  for  opinion  of  court,  At.     596 

certain  may  swear  witnesses 695 

fees  to,  allowed  on  taxation  of  costs 600 

may  reconsider  liiatters  when  remitted  by  court  or  judge 696 

power  of,  when  irrevocable 695 

proceedings  before  on  reference  at  trial,  same  as  on  referienee  by 

consent    696 

production  of  documents  before        695 

reference  of  cause  to  by  court  on  application  of  party        695 

mattet- of  account  by  Judge  at  trial 696 

single,  how  appointed  by  court  in  certain  ciises     698 

time  for  making  award  of,  how  extended        696,  699 

up  award  of     599 

to  act  upon  decision  of  court  or  finding  of  jury  on  matter       696 

umpire  to  act  on  default  of  in  certain  cases 0^ 

when  to  appoint  umpire       698 

witnesses  oef ore,  when  sworn  by  justices 595 

must  attend  as  in  supreme  court     595 

need  not  attend  over  two  days 595 

Award,  application  to  set  aside,  how  and  when  made        697 

arbitrators' fees  on,  how  allowed      600 

88  to  land,  enforceable  as  judgment  in  ejectment 599 

how  enforceable  in  certain  cased       695,596 

soon  enforceable 597 

may  be  remitted  to  arbitrators  for  reconsideration      696 

stated  as  a  special  case  for  court 596 

obedience  to,  how  enforced  in  certain  cases ,....         600 

objections  to,  to  be  stated  in  rule  nwf.    597 

of  arbitrator,  appointed  by  court     598 

exports 598 

time  for  making  extended,  now        595,599 

when  to  be  final 597 

within  what  time  to  be  made 699 

te•lrtritrator8' fees  allowed  on  taxation  of 600 
aibitrstor  may  state  award  as  case  for  opinion  of    596 

i  dediion  of  on  case  stated  final 596 

4^  HMj    enforce    any    award    under   agreement    or   submission     made 

rule  of     600 

v^. '  oar  foAgjb,  i^lication  to  to  set  aside  aWitrd  must  be  within  month  after 

J',  '  publication (J97 

■ImL  may  appoint  arbitrator,  &a,  in  default  of  partite ;690,  966 

W;  <        '    •  single  arbitrator  in  certain  cases  of  def^iilt.; .         598 

"--''-  finet  case  to  be  stated  or  issue  tried 596 

v  :r  tfritqpB  time  for  nuUcing  award 699 


th    - 


6S6  GEKEBAL  INDEX. 


ARBITRATIOM— C^ontiniied. 

Court,  or  judge,  may  order  deliveiy  of  land  under  award 

remit  matters  to  arbitrators  for  reconsideration    

revoke  ax  jtMirfe  appointment 

stay  proceedings  m  certain  actions  

upon  application  before  trial  decide  matter  in  eumnu 

way  or  order  reference  to  arbitration 

order  of  as  to  land  same  as  judjgment  in  ejectment 

written  submission  made  rule  of  on  application 

Default  to  appoint  arbitrators  provided  for £ 

Documents,  production  of  regulated 

Enforcing  of  award      

Execution  issued  on  order  of  court  or  judge  to  deliver  land     

Fees  allowed  to  arbitrators  on  taxation  of  costs 

Judge  may  at  trial  refer  matter  of  account  to  arbitration 

to  allow  arbitrators*  fees  on  taxation 

Justice,  when  to  swear  witnesses  before  arbitrators 

Lands,  award  as  to  how  enforced 

Power  of  arbitrators  irrevocable,  where  rule  or  submission  is  to  be  a  rule 

court;  exception 

Questioxis  of  law  or  fact  left  to  court,  judge  or  jury  ^ 

Rule  ntin  to  state  objections  to  award      .*.        

Special  case  stated  by  arbitrator  for  opinion  of  court 

decision  on  how  made,  effect  of 

Stay  of  proceedinj^s  granted  in  certain  actions 

Suomisaion  in  writing  how  made  rule  of  court ;  exception 

where  made  rule,  award  enforced  by  court 

Time  for  making  award  fixed     

how  extended,  &c    

Umpire  appointed  by  arbitrators,  how  and  when 

Witoesses,  attendance  of,  how  enforced 5^ 

need  not  attend  more  than  two  days  consecutively 

when  sworn  by  arbitrators 

justices  before  arbitrators 

Abditration.    See  Corporations^  General  ProoinonSy  ^c 

Mines  and  Minerals        

Compulsory.    S>ee  Partnerships    

Arbitbators.    See  Arbitration       59 

Costs  and  Fees 

Mines  and  Minerals : 

Partnerships 6( 

Abbas.    See  Mines  and  Minerals 23-4-8-9,39,40- 

Sdbmabdtr.    SeeMines^Reaulationof, 

Aboumbnt.    See  Supreme  Court,  Pleadings,  S^c 442,478- 

Abbest.    See  Justices,  Jurisdiction  of      41«5- 

Supreme  Court,  Pleadings,  8^c, 

Assault  AND  Battery.    See  Limitation  of  Actions    

Assembly,  Dubation  of  and  Representation  in.    See  General  AssenMy,  Dun 

tion,  8fc...        

Assessment  op  Damages.    See  Absent,  8fc.,  Debtors.,        

Supreme  Court,  Pleadings,  <J*c 

Rolls.    See  Assessments,  County    11 

Assessments.    See  Common  Fields 

Coroners 

Fires  and  Firewards ^ 

Hightoay  Labor 

Municipalities » 

Poor,  Settlement  and  Support  of 

Public  Instruction VtlX 

Sewers,  Dyke,  and  Marsh  Lands ,..     ! 

ASSBSSHCEMTSy  COUWTY -• 

Amercements ;  appointment  of  assessors,  &c.,  in  cases  of,  by  sessions    .-m. 

supvomo  oowtbM*** 
for  certain  purposes,  made  on  neglect  of  grand  yasf 


OENSRAL  INDEX.  6S7 

PAOB. 
JISESSniEMTS,  COrifTY— Continued. 

Amercements ;  order  by  supreme  court  and  proceedings  thereunder.—.       ••••••  121 

penalty  on  officer  for  neglect  of  du^  in  respect  of  121 

power  of  supreme  court,  to  name  officer,  on  refusal,  &c         121 

Appeals ;  how  to  be  made  and  mode  of  prosecuting  122 

not  to  delay  collection  of  assessment  on  appellant  122 

treasurer  to  repay  money  ordered  to  be  returned        122 

Assessment  roll ;  assessors  to  si^  and  certify ;  form  of  certificate,  &c 115 

completion  of  oy  assessors,  time  limited  for 115 

county  and  poor  rates  to  be  made  from,  and  how 115 

error  in  name  on,  how  to  be  corrected  125 

forwarded  to  clerk  of  peace  and  posted,  ^.  115 

furnished  to  clerks  of  poor  districts  116 

lands  of  non-residents,  how  designated,  &c.  114, 115 

property  to  be  estimated  at  its  actual  cash  value         115 

rules  for  guidance  of  assessors  in  making  up        114 

time  within  which  to  be  made,  ^ 114 

valuation  in  case  of  coal  mining  companies,  &c.  how  made.....  126 

what  particulars  it  shall  contain       116 

when  returned  in  the  case  of  non-residents  118 

to  be  proceeded  with,  when  vacancy  supplied      118 

where  property  assessable ;  notice  to  be  given,  &c.  125 

whole  amount  not  paid  by  district       123 

Assessors ;  appointment  of ,  how  made,  and  notified  112 

duties  of,  as  respects  incorporated  companies,  Sk 1 25 

mining  and  joint  stock  companies  126 

form  of  oath  to  be  taken  bv,  and  how  to  be  sworn 125, 180 

how  to  value  property  liable  to  taxation  115 

justice  refusing  to  swear  into  office,  penalty  on        126 

local  and  general  assessors  124 

meeting  in  electoral  district,  notice  how  given 124 

penalty  on  for  neglect  or  refusal  to  act,  <f^c 118, 125 

rules  for  guidance  of,  in  making  up  roll  114 

time  for  making,  completing,  certifying  roll,  &c 114, 115 

to  forward  roll  to  clerk  of  peace         116 

r  or  district     116 

^ ,^  115 

return  statement  of  time,  compensation,  &c 112 

vacancies  in  office,  how  supplied,  filled,  &c.      112, 126 

valuation  of  resident  agent,  to  be  adopted  by  1 26 

time  for  delivery  of  126 

Certiorari;  how  obtained  and  when  allowed 128 

GIsrk  of  Peace ;  assessors  and  collectors,  to  be  notified  by 112 

roll  to  be  forwarded  to        115 

county  rate,  to  be  made  out  by 115 

roll  to  be  delivered  to  collectors        116 

duty  of,  on  amercement  by  supreme  court  121 

penalty  for  neglect  of ,  &c 121 

meeting,  &c.,  of  local  assessors,  notice  to  be  given  by        124 

returns  of  taxable  property  to  be  made  by    124 

to  enforce  penalties,  fine  for  neglect,  &c 128 

Valuation  by  '  resident  agent '  subject  to  appeal  by   126 

Ooil  mining  companies ;  assessment  of,  how  to  be  made,  &c,         126 

'■:  sworn  statement  of  value  to  be  made       126 

;^  .  term '*  resident  agent  "defined         126 

valuation  to  be  adopted  by  assessors        126 

'V  GbDeeloin;  appointment  of,  how  niade,  notified,  &c.         112 

^'*  derk  of  peace  to  deliver  roll  of  county  rates  116 

?•!  poor  district  to  deliver  roll  of  poor  rates  116 

eommlinon,  rate  of  to  be  fixed  by  sessions  120 

dntiM  oit  defined,  and  penalty  for  neglect  of  116, 120 

when  owner  Known      116 

.    .  non-resident    116 


616  eSMBRAL  ai9S3t. 

PA08. 
ASSESSltEMTS,  CaUNTir-CoittiMlcd. 

CoUecton-}  Unties  oi;  when  owner  unknown 117 

taxes  unpaid  116 

warrant  iaeued,  ftc.  119,120 

levy  of  warrants  by,  &c 117 

of  poor  rates,  how  ehosen  and  their  remuneration 116 

public  notice  of  sale,  ^^  to  be  fftven  by  117 

purchaser's  right  of  entrv  upon  la^ds        117 

return  of  names  of  defaiuters,  to  be  made  by 119 

treasurer  to  receive  moneys  from,  Ac 117,119 

warrant,  general,  when  to  be  issued    .4,^.4 119 

special,  how  to  be  obtained         121 

f  to  be  returned,  when  unable  to  collect  118 

Constables  J  duty  of  on  issue  of  warrant 120 

fees  on  execution  of  warrant <..« « 119 

general  or  special  Warrant  directed  to      ......        ..i...        .<....        119 

"County;**  d^nition  of  term  in  chapter 125 

''Court  of  sessions"  and '*ffnuidjiuyf  words  defined *  .^ 129 

Deceased  persons,  estates  01  liable  for  rates,  &c ,       121 

Exemptions :  City  of  Halifax  to  what  extent  exempt 128 

ships,  Ac.,  in  course  of  construction,  now  far  exempt 125 

what  other  property  exempt  from  taxation  118 

Forfeitures  and  penalties ;  on  assessor  refusing  to  act,  &c 118 

collector,  refusing  to  act,  Ac 120 

other  officers,  refusing  to  act,  Ac       121 

proceedings  for  collection  of,  &c 122 

to  be  enforced  by  clerk  of  peace  128 

Forms  of  assessor's  or  collector's,  roll,  warrant,  &c 127  to  130 

Grand  jury ;  definition  of  words 128 

presentment  for  general  purposes  by       Ill 

local  and  special  pur,  OSes   .4 Ill 

to  nominate  assessors  and  collectors        ,        110 

county  treasurer 110 

treasurer's  account  to  be  laid  before,  &c 121 

when  refuse  to  present,  sessions  may  amerce HI 

Halifax,  City  of ,  exempt  from  chapter  in  certain  cases  128 

Joint  stock  companies,  regulations  concerning     125, 1'^S 

.Justices ;  certificate  of ,  where  no  property,  Ac. 117 

in  case  of  non-residents,  to  issue  warrant,  &c IB 

what  cases  to  issue  warrants,  &c 119,121 

petition  of  rate-payers  to  be  certified  by  ......        Ill 

V  travelling  expenses,  &c.,  how  to  be  paid       .<        ......         123 

r  Limitatic^n.of  actions :  must  be  brought  within  six  months  128 

not  to  be  brought  when  rate  quashed 125 

Npn-resjxL^ts  $  assessment  on  lands  of,  how  made,  &c ,.         Hi  U^ 

coUector  to  transmit  statement,  &c 116 

,  county  treasurer  to  pay  over  poor  rates,  Ac.  11^ 

record  lands,  taxes,  &c 11^ 

form  of  assessment  roll  for  lands  of  127 

iustices^to  certify,  where  no  property,  &c,        llj 

levy  of  warrants,  how  to  be  made,  £c 117 

purchaser's  right  to  enter  and  remove  117 

s^  imder  warrant,  notice  to  be  given  of 117 

surplus  mone^  to  be  paid  to  treasurer,  &c 117,11^ 

warrants  agaumt  lands  of,  when  to  issue,  Ac.  H^ 

Overseer  of  works,  Stc, :  account  to  be  rendered  by  to  sessions,  and  when  ^ 

compensation  to  be  ordered  to     Ij 

penalty  j^or  neglect  of  duty   IS; 

Poll  tax;  how  levied  and  in  what  proportion         Ijj 

Poor  ratee :  assessors  to  furnish  poor  clerks  with  copy  of  loll  ^* 

collectors  of,  how  chosen  and  when ^  IJJ 

remuneration,  hew  awarded  to  .,.        W 

how  made  up  from  assessors' roll -...  l^ 

rollof,  tobedelW«wAJolhQ<iQlleetors    ^,       1» 


GEI^RAL  IJffDVX. 


689 


PAOS. 

lS8£885IBNT89  COriVTY— Continued. 

PreBentments ;  for  general  purposes        ......        Ill 

local  and  special  purposes HI 

Property;  definition  of  terms 118 

what,  liable  to  taxation 118 

Besident  agent ;  definition  of  term,  duty  of,  Sec 126 

Sessions;  appeal  to, when  and  how  prosecuted,  &c     122 

appointment  of  assessors  and  collectors  by        112 

coimty  treasurer  by  110 

assessors  compensation,  confirmed  by 112 

court  of,  definition  of  term  128 

distribution  of  assessment,  power  relative  to    Ill 

fix  time  for  audit,  <fec.,  of  treasurer's  account 122 

power  to  amerce,  county  in  what  dases   112 

presentments  of  grand  jury  confirmed  by  HI 

shall  order  compensation  to  overseers,  &C.  122 

special,  may  fill  vacancies,  &c.       110 

supreme  court,  on  neglect  of,  may  amerce  120 

warrant  awarded  to  Aeriff  by,  &c.  118 

Sheriff;  duty  of  when  sale  ordered  under  warrant     118,1120 

Ships,  &c.,  in  course  of  construction,  how  far  exempt        1.125 

Treasurer,  County:  accounts  of  to  be  prepared  annually  and  audited   121 

appointment  of,  annual,  and  how  made  121 

deputy  by,  to  act  in  certain  cases 110 

bond  to  be  given  by  on  appointment,  &e.         110 

duration  of  office  of,  and  vacancy  how  supplied     110 

moneys  to  be  paid  out  and  received  by  121 

repaid  by,  when  ordered  on  appeal    1 22 

record  of  unpaid  taxes  of  noh-rdsidents,  to  be  kept  by  118 

surplus  money8,how  disposed  of,  and  paid,  &c 117,119 

to  pay  taxes  on  lands  of  nonn^dents  to  overseers  of  poor    119 

farrants  ;  collector's  or  constable's  duty,  on  issue  of       120 

form  of  general  warrant  of  distress 129 

general  or  special,  how  issued  and  obtained  119, 121 


118 
117 
126 
120 
120 
147 


112, 
297, 

196 

231-7-8 

592 

406 


lands  of  non-residents,  when  to  issue  iagainst,  &c 

levy  under,  when  and  how  made 

of  distress,  on  what  property  to  be  levied,  &C.       

separate  to  take  body,  how  issued      

sheriff,  when  to  execute,  and  fees  thereunder 

^•SBSSiCENTS  FOB  Bepaibs  OF  Mbetinq  HOUSES.    See  Meeting  S6u$es,  ^c 

iaaxssoRS.    8ee  Assessments,  County....  

Municwalities 

Poor,  iSettlement  arid  Support  of .        

Sewers,  Dyke,  and  MarsX  Lands 

jpsra    See  Trusts  and  Trustees 

■"  StntPLUS.    See  Probate  Court,  ^c,  

tanoHHSNT  FOB  Gen^bal  BENEFIT  OF  Cbeditobs.    See  BUls  of  Sale,  ^c       877 

of  Choses  in  action.    See  Supreme  Court,  PleadnUgs,  ic 601-2 

DowEB.    S&e  Dower,  Writ  of    667 

INTEBEST  IN  LaKD,  &C.    See  Frouds  and  Perjuries       374 

Pebsonal  Pbopebty.    See  Trusts  and  Trustees 691 

Ships  OB  Vessels.    See  Bills  of  Sale. 377 

Tbusts.    See  Frauds  and  Perfuries.:.        376 

LHON 8  Alh>  I^STrnrffiS,  Lebb ab y.    See  Library  Associations,  8fc 286 

See  Limitation  of  Actions 669 

iLitnaiics,  Ciatody,^c.,of.       206, 

,' ^iib6  Absent  or  Abscondmg  Debtors 649  to  5^ 

VOB  CknfTEMPT.    See  Frcifote  Court 411 

jarTACSmaprni    Bee  DsedSy  i^c,  Eegistry  of 861-2-3 

matinjiMSi:        '    tFlthessesaridFviiimce M6 

'*         orApOOUKtB.    See  Probate  Court 398,410 

^^  -'"     "'     "'-•-•«  583 

97 

t^\ 


jR^       Of  AXTOOUKtB.    See  Probate  Court. 

Bomn  or.         jthuts  Jmd  Trustees,,. 


640  OENBRAL  INDEX. 

PA<». 

Attobneys.    See  Barristers  and  AttomeyB ^         4Sl 

Casts  and  Fees      614,615,616 

Supreme  Court,  Pleadmffs,  ^c 447,475,488-4^ 

AUDITOBS.  Municipalities 295-6 

AvEBMENTS.         Supreme  Court^  PUodinffs,  ^c 467,469 

Awards.    See  Arbitration 505,8qq 

B. 

Bail.    See  Justices,  Jurisdictum,  4[c 4^^ 

Supreme  Court,  Headings,  ^c ^        448,454,474-^ 

Bond,    see  Justices,  Jurisdiction. 4SI 

Supreme  Court,  JPleadinas,  ^c 448,  474-^515 

Special.     Absent  or  Ahsdmding  Debtors ^ 

Ballot.     See  Mumcipalities Sll 

Baneixo.  Corporations,  General  Provisions,  ^c 276 

Banns.  Marriage,  Solemnization  of    379 

BAlMtlSTEAS  AND  ATTOAMEYS 4S7 

Admission,  must  take  place  preyionsly  to  practising 437 

notice  of  intention  to  apply  for,  where  posted        437 

qualifications  requisite  for    488,439 

Attorney;  admitted  previously  to  practising , 457 

certificate  of  examiners  must  be  filed,  &c  438 

Colonial,  English,  &c.,  when  entitled  to  admission    43D 

examinations,  annual,  previous  to  admission  as 4S8 

notice  of  application  tor  admission,  how  long  to  be  posted    437 

oath  to  be  taken  by,  on  admission         439 

power  of  courts  to  control,  sus^nd,  &c 440 

qualifications  requisite  for  admission 438»48^ 

term  of  clerkship,  preparatory  to  admission 437 

when  to  conmience 43B 

three  years  course,  when  deemed  sufficient 43B 

when  entitled  to  admission  as  barrister 439 

whom  to  permit  to  sue,  defend,  &c.,  in  his  name       440 

Barrister;  admitted  previously  to  practising         437 

application  for  admission  as,  notice  of  to  be  posted,  &c 437 

articled  clerk,  when  to  be  received  by ^437 

attorney,  when  entitled  to  admission  as      ^^        43P 

certificate  of  having  passed  examinations  to  be  filed        43B 

Ck)lonial,  English,  ecc,  when  entitled  to  admission  as 43^ 

examinations  to  be  passed  previous  to  admission  as 438 

not  to  have  more  than  three  clerks  at  one  time 440 

notary  public,  empowered  to  take  acknowledgments,  &c       ......        440 

power  of  courts  to  control,  suspend,  &c 4K^ 

practising,  only  entitled  to  take  clerks        40 

precedence,  privileges  of,  &c.,  regulated. 44^ 

students  articled  before  April,  1872,  when  admitted 41^ 

term  of  clerkship,  previous  to  admission  as        43r 

when  to  commence 48^ 

three  years  course  when  deemed  sufficient..        4^ 

Barristers'  Society ;  council  of  to  make  rules,  appoint  examiners,  4c.    ^ 

fees  to  be  paid  to  treasurer  for  use  of  law  library ^ 

Clerk,  applying  to  be  articled,  examination  of,  as  to  educational  qoaliflcatioDB,  Ae.43r 

judges  may  make  roles  as  to  con- 

ducting       4g 

Clerks,  articled;  annual  examination  of,  how  conducted g 

council  of  Barristers'  Society  to  make  rules  for  examination  cL  ^ 

examiners  appointed  and  duty  defined. ^ 

certificate  to  be  signed  by,  if  satisfied,  4Us ^ 

if  examination  unsatisfactory,  ptoceduie      2 

];>rovision  where  articled  before  18th  April,  1872      .. 
PraOtising  barristers,  not  to  have  more  than  three      


OBNBILAL  INDEX.  t541 

PAOX. 

lAmRISTCRB  AXD  ATTOKNET8— ConUniMd. 

CIbiIu,  articled ;  practisiiig  bairisters,  onlv  to  take  on  retain  440 

qualiflcalions  f or  udmisaion  of  BBBttAmeyB    489 

tenn  of  setvice,  preparatory  to  admisaioD  of         437 

wben  to  commence  uiil  be  reckoned 438 

three  yeaiB  course,  is  what  cases  pufBcient  tor     48S 

Colonial  attorney  or  I«rri9ter,  when  entitled  to  admission      439 

Imperial  attorney  or  barrister,  when  entitled  to  admission.... 


Kotary  public,  being  barrister,  certain  duties  performed  by    . 
"Ted  for ' ' 


no  fees  allowed  for  st 

Oatb,  to  be  taken  by  attomejr  on  his  admission       

'AVKllTBBt'  SociBTl.     See  Sarrutertnnd  Atfomeya 

Supreme  Coaii.  Pteadiagi,  ^e 

lASTARD  CHIUtREN  t  MAIXTEKANCIS  OF... 

Appeal,  from  order  of  itliation  ;  proceedings  on         

Birth  ;  eiaminatioc  of  motheri  previously  to      

subsequently  to 

forma  of  ex  am  inati  one  before  and  after    200,302 

hearing  after,  proceedings  at ''"" 

reputed  father  to  give  bond,  until  after 

Bond,  by  reputed  father,  nefoie  birth  of  child 

on  appeal  from  order 

tofullil  order  

forma  of  to  be  given  by  reputed  father 203,  306 


may  be  sued  by  OTeiseera  of  poor 


penalty  for  refusing  to  give.  &c... 
Father,  reputed  ;  arrest  of  under  warrant 

bonda  to  be  ffiven  by,  4c 198,199,200 

concealing  himself,  order  made  in  hia  absence  200 

when  not  found,  warrant  may  be  endorsed 

may  give  evidence  before  justices    

Filiation  order  of  ;  bond  to  fulfil  bow  given,  tc 

how  made,  after  hearing 

may  be  made  in  father's  absence  

penalty  for  not  complying  with    , 

power  of  justices  to  control  expenses  of 

proceedings  on  appeal  from,  4c 

Formia,  nsed  to  carry  out  provisions  of  chapter    

Mother ;  information  of  previously  to  birth  of  child 

subsequently  to  birth  of  child  

may  be  apprehended  futer  birth  of  child      

required  to  bear  expense  of  maintenance 

Wamnt ;  wben  issued  prior  to  birth  

subsequent  to  birth  

within  three  months  after  birth  

UTARST  Cases.    See  Ooiit  and  Feei  022 

BABS.    SeeAntTnali,  A'oriout,  ^f 343 

IVOH  OF  BcFBEME  CoUHT.     See  SupTeme  Coari  and  it»  Offieen  301 

lUil  OF  BxcHAKUB.    See  Limitation  of  Actions     6S9 

Saprtme  Court,  Fteadmgi,  ^c.        4W.  482-8 

mUJi  OF  8AXE,  SECRET  t   PRETENTION  OF  FRAVIM  BY  376 

Appanot  poBSBSeion  of  personal  chattels,  deflned       3T7 

Kill  of  ifLa  i  deSnition  of  term  in  chapter         377 

diaiharjge  of,  how  entered  on  listj&c 878 

fee  for  inspection  of  at  registry      '376 

to  be  Bled  with  registrar  where  maker  resides 376 

take  effect  from  date  of  filing    878 

wben  Qledto  beindeied,  numt«red,ic 878 

Certificate  of  discliarne,  to  be  indeied,  ftc.,  byregijtrar    877 

Defeasance,  to  be  filfld  with  bill  of  sale  or  copy  376 

Fee,  tor  inspection  of  bill  of  sale  876 

of  registrar  for  enterine,  filing  and  indeziag       877 

Meaning  of  t«rmsuMd  in  cnapt«r  STI 

'Fwaonal  chftttaki'  tUbution  of  toim  VTV 


648 


OBMBRAL  IHDBX. 


•  •  •        •  • 


BIUUSI  OF  SillJBy  Ate*— Conttaued. 

Begistrar's  duties  in  filing,  ^bc.,  of  bilLs  of  sale 

fees  for  services  under  chapter      

BUUM9  AND  ANISIAMJ»9  PIUSSBAVATIOM  OF 

Appeal  to  supreme  court ;  how  heard  and  decided     

Birds  of  song;  penalty  tor  killing,  &c 

Bond  to  be  given  by  appellant         

Garibou;  between  what  periods  may  be  killed     

export  of  hides  of  prohibited        

flesh  to  be  carried  out  of  woods  when 

hides,  about  to  be  exported,  mav  be  seized 

if  not  claimed  may  be  sold  

proceeds  of  sale  of  how  appropriated 

how  many  may  be  killed  in  one  season 

penalty  for  violating  provisions  of  law        

traps  or  snares  not  to  be  set  for    

Fur,  animals  valuable  for,  when  may  be  killed  

Hues  ;    between  what  periods  snares  may  be  set  for         

penalty  for  snaring  at  improper  times  

Minks  ;  between  what  periods  may  be  killed       

may  be  caught  for  breeding  purposes  at  any  time       

when  so  caught  to  be  personal  property 

Moose  ;  between  what  periods  maybe  killed 

export  of  hides  of,  prohibited 

flesh  of,  when  to  be  carried  out  of  woods        

hides,  about  to  be  exported  may  be  seized  

if  not  claimed,  when  may  be  sold         

proceeds  of  sale  of  how  appropriated 

how  many  may  be  killed  in  one  season  

orders  for  preservation  of,  sessions  to  make         

penalties  for  violating  provisions  of  law        

traps  and  snares  for,  may  be  destroyed    

not  to  be  set  for    

Musquash  ;  between  what  periods  may  be  killed  

Otter ;  between  what  periods  may  be  killed 

Partridge  ;  between  what  periods  may  be  killed 

fine  for  killing,  &c.,  at  improper  times      

Penalties,  imposed,  and  mode  of  recovery  of        

Pheasants ;  destruction  of ,  prohibited,  «fec 

presumption  of  guilt  on  whom  to  lie 

Robins,  and  small  birds ;  destruction  of  prohibited 

fine  for  killing,  offering  for  sale,  &c 

Sessions,  to  appoint  officers  to  carry  orders  into  effect 

make  orders  for  protection  of  game 

Snipe  and  Woodcock  ;  between  what  periods  may  be  killed    

fine  for  killing,  <&c.,  out  of  season 

Bjbds  OF  BONO.    See  Birds  a7id  AniniaUt  Jfc 

BiSTHS.  Battard  Children^  i^c 

BLASTma  Rocks.       Gunpowder,  ^c 

BoABD  OF  PooB.         Poor^  Settlement^  ^c 

liBAXTH.    See  Municipalities        

BOAHUS  OF  HJBAI.TH,  AND  1NFJECT10U8  DISEASES 

Appointment,  duties,  and  powers  of  board,  &c     

Gases  of  plague,  &c.,  or  imminent  danger  of,  how  provided  for 

Expenses  of  to  form  a  county  charge       

Fll^g  to  be  displayed  on  house,  in  what  cases 

General  vaccination,  how  ordered  and  provided  for 

Health  wardens;  appointment  and  duties  of 

fine  on  for  lefusal  to  act,  &c 

Penalty  for  bringing  infected  persons  into  province 

violating  provisions  of  chapter         

Powers  of;  as  regards  purification  of  dwellings,  d^c 

removal  of  infected  persons. 

sanitary  orders  and  their  enf oroeoMnt 


PAOX. 

«76 

aio 

841 
842 

841 

840 

841 

840 

341 
841 

841 
840 

m 

340 

34S 
341 

841 

341 

34i 

^ 

3J0 
341 

840 

341 

341 

341 

843 

840,3t! 

.   .343 
343 

341 

341 
340 

3*0 
340,841,342 

341 
341 

34« 
343 

842 

..  ..  343 
3iO 

310 

841-3    ' 

198  fqq- 
883 
..  1» 
......  3JI 

157 

151 

158 

l» 

188 

...na 

'     IIT 

-s 

li» 

M 


.»•»•• 


•••«•• 


GENERAL  INDEX.  648 

PAGB. 

LBS  OF  11KAI.TH,  &;c.— Continned* 

itary  orders ;  Governor  in  Council  may  mak& 157 

published  in  Botjal  Gazette 157 

cination,  general,  how  ordered  and  provided  for 158 

return  of  poor  persons,  how  to  be  made,  &c       158 

SeeBftttardChildrejuMaintenimceof, 198,  sqa 

Deeds,  i^e,^  Registry  of       301 

EiecttonSf  Cknitj'overtea 13 

Equitt/,  Procedure  in. 632,535 

Guardians  and  Wards 387 

Immu^rants 356 

IiUojctcathuj  Liauors,  ^c 345-6-8,363-4 

Limitation  of  Actions 564 

LunaticSyCSistodyy^Cof. 208 

Marriage,  Solemnization  of. 379 

Mines  and  Minerals     22,34,41 

Officers  i  Incorporated  Sureties  for    284 

rrobate  Court 397-9,407-8-9,418 

Prothonotarg 106 

Public  Officers,  Certain,  ^c 97 

Hoads,  Kvpenditure  of  Moneys  on    249 

Sheriffs 108-4-5 

i^attUes,  Promulgation,  fc 6 

Bail.    See  Justices,  Jurisdiction, 424 

Supre?ne  Court,  Pleadings^  if  c 448,  474r-5,  515 

E8.    See  Firearms  and  Fireroorks        331 

See  Deeds,  ^c,  Registry  of        361,364 

Public  Instruction 163,175 

I  Sectioits.     See  Public  Instruction 174, 186 

.BiES.    See  Common  Fields    • 240 

Confirmed.    See  Boundaries  of  OountieSy  fc 100 

ToionshipSj  Certain  Countyy  fe 181 

iDARIES    OF   COUNTIES,   BUTRHTn   AlVB   TO^¥]V- 

SHIPlSi     100 

mdaries  conflrmed,  as  at  present  established. 100 

remor,  to  order  survey,  when  lines,  &c.,  uncertain 100 

le  decided  by  award  of  majority  of  nominees 100 

Diinees,  expense  of  to  be  a  county  charge 100 

sessions  to  nominate,  &c 100 

tice  of  survey  to  be  given  to  custos  100 

Tey,  cost  of,  and  how  made 100 

Sie  Mines,  Regulation  of  60,61 

B  OF  Animals.    See  Common  Fields   240 

no  Roads  IN  Winter.    See  Hinhway  Labor  256 

rATBBS.    See  Expenditure  of  Moneys  on  Roads 252 

T.  Flectio7is,  Corrupt  Practices  at  10, 11,  12 

8.  Highway  Lahor 255 

Roads,  Preservation  of  260 

Streets,  Commissioners  of  268 

KSBSy  AMD  PUBIilC  I.AM01IV08  269 

itrol  of  certain,  vested  in  ^>e$8ions      269 

iWB  authorized  to  be  made  in,  on  presentment       270 

lw8  for  preservation  of,  &c.,  how  made  269 

laltieB  may  be  afidxed  for  breach  of  orders 269 

gknofl^  IK)wer8  of  relative  to ...268 

I  Ship,  RsoiSTBR  OF.    See  Witnesses  and  Findence 543 

vaMATKKiALS.  Streets,  Commissioners  of     266 

rot.  Fires  and  Firewards       325,328 

Religious  Congregatums,  i^c 143>4 

GomiTT.  Ja^,fc 130 

7  ov  AemicuLTUSB.  Farmers'  Clubs       228-9 

R»  Woods  Aii^  Marshbs.     Woods  and  Marshes      332 

k^l.    Bt»  Ccrparations.  General  Promions,  i^c. 273-4 

JMStodkOm^^^    'laRVA. 


644  aSKERAL  INDEX. 

PAGE. 

Btv-lawb.    &ee  Libran/ AssociatwnSt  i^c,      286-7 

LwnattcSy  Custody y  j'c 210 

Municipalities 2d5,904 

Public  Markets ^         ..».  32# 

PuhUc  Property        «...    318 

Religious  CongregatianSy  i^c.  145 

Stiitutes,  Promulgatwriy  S^c.     .m....        ..«..<•        ..^...        ......        —,•,•       4 

C. 

Cah  AD  A,  Legislation  OF  NOT  CONTRAVENED.    ^9&  Immigrants    357 

Joint  Stock  Companies        2B2 

Juries  436 

Liberty  of  Sulffect 558 

Partnerships 605 

Probate  Court       .,.., 410 

JRailroadSy  ^c 273 

Witnesses  and  Evidence       549 

CAt>iAS.    Bee  Justices,  Jurisdiction  of       415-6,420-1-^3 

Supreme  Court y  PleadingSy  Sfc 448-9,507 

Carcbou.        Birds  and  Animalsy  8fc 340,341 

Cabbiaoss.    Bee  RoadSy  Preservation  <yf       280 

Ca8E»  Action  ON.    Bee  Limitation  of  Actions        559,560 

Cash.    Biee  RoadSy  Expenditure  of  Moneys  on  252 

Casual  and  Territorial  Revenue.    See  Revenue,  Oasualy  <$•<?.    19 

Cattle.    Bee  Rent,  Distress  for       587 

Guards.    Bee  Raii-oads,  ^c 273-3 

Horses,  &c.    Bee  Animals ,  Certain  going,  ^c 387 

Ibo>ounding  OP.    Bee  Fences,  Fence  VietcerSy  ^c 136 

CATTIiE  IMFECTED;  regulations  concerning  going  at  large 337 

sessions  may  affix  i)enaltie8  for 337 

when  no  proper^,  defendant  imprisoned        338 

Cattle,  Stray.    Bee  Horses  and  CattUy  ^rcty 336 

Cause  OF  Action.    Bee  Equity y  Procedure    524 

Causes.    Bee  Supreme  Court,  Pleadtngs,  ^c 453,471-5-6-^ 

Cellars.    Bee  Nuisances    161 

Central  Board  of  Agriculture.    See  Agricutture,  Encouragement  of    221  acq 

Certificate  OF  Conviction.    Bee  Witnesses  and  Evidence 547 

Discharge.  Bills  of  Sale,  Secret,  ^c 377 

Master.    Bee  Trusts  and  Trustees 590 

Registrar  op  Deeds.    Bee  Jfltnesses  and  Evidence,^ 545 

Certificates.    Bee  Deeds,  ^c,  Re^ry  of .         863 

Lands,  Sale  of  under  Execution 680 

Lunatics,  Custody  and  Estates  of 209,213 

Medicine  and  Surgery.  154 

Certiorari.    Bee  Assessments  County..,        123 

Intoxicat^ig  LiquorSy  8fc.  348,354 

SewerSy  Dyke,  and  Marsh  Lands     238 

Suvreme  Court,  Pleadings,  ^c,  in 458^ 

Cbstiti  QUE  Trust.    Bee  Lands,  Sale  of  under  Erecution 581 

Chainmen.    Bee  Crown  Lands         85 

Challenge.        Juries  a 435 

Chambers.  Supreme  Court,  Pleadings,  ^c.  441-2^  467, 480 

Chancery.  Equity,  Procedure        521 

Probate  Court        40$ 

Chabacteb  OF  Witness.    See  Witnesses  and  Evidence     546^ 

Chabtebs.    Bee  Corporations,  General  Provisions,  ^c 275 

Check  Weigheb.    Bee  Mines,  Regulation  83 

Chief  Constable.  Townships,  certain  County,  ^c.  13fr-5 


^ JusTiCB.  Supreme  Court  and  tite  Ol/fhsrs 

Children.    Bee  Descent  of  Real  and  Personal  EOaU  „ 


Intoxtcating  Liquors,  ^c.  .,...        „^„         9» 


GENERAL  INDSX.  645 

PAGE. 

Children.    See  Poory  Settlefnent  and  Support  of        190-1 

Bastard,  Maintenance  op.    See  JBastard  Children,  &c*  198 

Chimneys  AND  Chiiini:y  Sweepers.  Fires  and  Firewmxls       327-B 

^OSES  IN  Action.    See  Supreme  Court,  Pleadings,  ^c 601-2 

?HRi8TMAfl  Day.    See  StatuteSy  Promulgatttmy  ^c 4 

Supreme  Court y  PieadingSy  Sec,         482 

^HVRCII  OF  EIVGI^MD    139 

Churchwardens  and  yestr>' ;  annual  election  of  I  when 139 

by  whom  to  be  chosen  139 

constituted  body  corporate  139 

duty  and  powers  of 139 

meetings,  when  and  how  called    140 

power  of  to  abate  assessment,  kc 140 

vacancy  on  refusal  to  act,  how  filled  140 

Glebe  lands ;  how  to  be  leased  or  sold,  4&C.  141 

License;  bishop  may  grant  to  foreign  clergymen,  when  141 

not  to  be  refused  without  cause  shewn 139 

Licensed  clergymen  only  to  officiate  139 

Parishes  already  established,  to  remain 139 

new,  how  allotted,  divided,  «tc 139 

Parishioners;  of  whom  to  consist,  their  powers,  &c.  140 

when  money  granted,  how  assessed      ......        140 

^URCH  OF  England,    ^e^  MeUgious  Conffregations  and  Societies  146 

Property.  Trusts  and  Trustees 693-4 

JiRCUiTS.    Qee  Supreme  Courty  Pleadings.  8rc,  444  to  447 

Iitations.         Probate  Court 399,  403,  eqq 

iviL  Jurisdiction  OP  Justices.    See  Justices,  Jurisdiction  of  414 

tiTY  OF  Halifax.    See  Halifax  City. 

Pumic  Instruction  186  to  189 

tEROYMEN.    Soe  Marriage,  Solemnisation  of  379,  sqq 

Religioiis  Congregations y  ^c 144 

LERK.  Barristers  ana  Attorneys 437-8-9 

Seicers,  Dyke  and  Marsh  Lands  230-4-8 

Streets,  Commissioners  of 266 

OP  Council.    See  Municipalities..,! 294-6-6 

Crown.  Prothonotary 106 

Supreme  Court  and  its  Officers 393 

VLX.WLWL  OF  CR01¥IV ;  appointed  by  Governor  in  Council  106 

bond  to  be  given  by  106 

L16RK  op  Judicial  District.    SeQ  Municipalities    309 

Municipality.  "  311 

rtiXSLKL  OF  PEACE 101 

Appointed  by  Custos,  during  pleasure  101 

Books  of  rules,  &c.,  of  sessions,  to  be  kept  by       101 

Deputies  may  be  appointed,  with  consent  of  custos    101 

Dtunation  of  office  until  successor  appointed         101 

Pees,  what  entitled  to  receive,  Ac 101,102 

Jiuitices' roll,  provisions  in  case  of  loss  of,  <fec 101-2 

Parchment  rolls,  by  whom  to  be  furnished,  &c.  102 

Betums  to  be  made  to  Provincial  Secretary's  office,  under  penalty 101 

Yftcancies  in  office,  how  made  and  filled        101 

When  commission  lost,  justice  to  make  affidavit 102 

schedule  of  form  of  affidavit 102 

OF  Peace.    Seie  Assessments,  County 112,  sqa 

Highway  Labor 266-8 

Intoxicating  Liquors,  i^c 346-6 

Juries 428,436 

Roads  other  than  certain  Great  247 

Townsh^,  certain  County,  ^c 136 

TowiraHlP.    See  Municipalities     314 

ZM  Pdblio  Offices.    See  Public  Officers,  ^c 97-B 

OFbCBKOB.  Intoxicating  Liqtwrs,  8^c 343,  sqq 

PubUc  Exhibitums     336 

^'      MarkeU 324 


Mt  OBNERAL  INDEX. 

PA8K. 

CLEBX8  OF  Poor  Districts.    See  PDor,  SMement,  ic ^....  1SI2-5-6 

Town.    See  3f untei^Mi^fM 300 

Closino  BoADS.        IteadB,  Chnna  cf 2S(> 

Clvbs,  Farmers'.     Farmers' ChAs  228 

CbALMmKS.  Mines  and  MineraU  ^^^ 

Mining  Coicfanies.    See  AssessmenUj  County 12S 

Coasting  ON  Highways.  Highwayn,  Coadrng  an     338 

GOLLECTORS.    Q»Q  A»Be$»ment»,  Cownty         Il20qq 

Fires  and  Firewarde   W 

Municipalities     9tH 

Poor,  Settlement,  ^.,  of  192-8-5 

Sewers,  Dyke^  8^c 281-i-8 

Colonial  Attorney  or  Barrister,    ^ee  Barrigters  and  Attorneys  439 

COMifissiON.    See  Prohate  Court     406 

Supreme  Court,  Pleadings,  j-c 483 

Witnesses  and  Evidence     M8 

Commissioner.    See  Mines  and  Minerals  21-Z^ 

Mines,  Regulation         M 

OF  Crown  Lands.    See  Crotm  Z<i7wb         84Bqq 

PMic  Officers W 

OF  P.  Works  AND  Mines.    ^GelMiuitics,  8rc.         210  «qa 

PMic  Officers 97-8 

CoMMiSBioNSRS.    See  Cbsts  ond  Fees       612,618 

Highway  Labor  254-6-8 

Lands,  PaHHion  of. 672-.3-4-6 

Lunatics,  Custody,  8fc. 211 

Public  Instruction 163, 166  to  169 

Public  Works,  Subscriptions  to 323 

Htpers,  conveying  9f  Timber,  ^c,  on, 383-4 

Roads,  certam  (treat,  Jc.  243-4 

Roads,  Expenditure  of  Moneys  on    249  to  252 

Witnesses  and  Evidence 536^7,540-8-9 

Commissioners  of  Sewrrs  and  Dyke  Lands.    See  Seirers,  ^c 230 

Streets  .    See  Streets,  Commissioners  of       261 

Committees.    See  Common  Fields  241-2 

Elections,  Controverted     Usqq 

Juries  427-8-9 

Lunatics,  Custody,  ^c,      216-8 

Roads,  other  than  certain  Great  346-7-8 

Commitment,  wabrant  OF.    See  Lunatics,  Custody,  i^c.  212 

mHON  F1EI.BS. 2W 

Assessment,  of  ppoprietore,  &c  ,  by  committee,  how  made        241 

on  Grand  Prarie  and  Wickwire  dykes,  how  made        i-^1 

Bomidaries  and  lines  of,  how  kept  up  and  rim 240 

Brands  of  animals ;  entry  of  in  town  clerk's  book. 240 

fee  for  making  each  entry 240 

fine  for  second  entry  of  same  mark 240 

fine  for  unauthorized  or  counterfeit ^ 

Committee  of  management ;  appointment  and  duty  of 241 

as8esflment  of  proprietors,  &c.,  by,  how  to  be  made  24X 

collectors  appointed  by,  their  duty 24^ 

remuneration  for  attendance  of,  included 

in  assessment     ^^ 

Fences ;  proceedings  to  compel  erection  of 21^ 

Fencing,  defective;  adjoining  proprietor  to  make  good 2Jii 

separate ;  expense  oi  to  be  done  by  proprietor,  Ac... 

Lines  and  boimdaries  of,  how  run  out  and  kept  up     

Proprietors ;  annual  meetiujy  of,  and  proceedmgs  thereat 

Regulations,  made  by  proprietors  at  annual  meeting 

penalty  for  non-compliance  with 


recorded  and  signed  by  chairman — ^ 

Common  School  Grants.    See  Public  Instruction ITK 


Tenancy  in.    See  Joint  Tenancy,  ^c 


•••••« 


OENBRAL  INDEX.  647 

PAOB. 

OOmiHOlVS.      289 

Application  of  chapter  limited.        289 

Sessions  to  make  regulations  concerning  commons 299 

Supervison*  controlled  by  sessions 289 

Co3kQfONS.    See  Municipfdities 311 

COMMUNICATIONS,  pRiviLKGED.    ^Q  WttMSsts  ond  Ecidenc^        646 

Commutation.    &ee  Highwau  Z,abor 266 

OoMPANiss,  Foreign,    ^ee  Ahsent  or  Ah$conding  Ddffars    633-4 

Joint  Stock.    See  Joint  Stock  Companies 279 

GoMPBNSATiON  IN  €bbtain  Actions.    See  Supreme  Courty  Pleadina$,  ^c.      469 

to  Families  of  Persons  Killed  bt  Accident.     See  Accident,  Com- 

pensatiorit  ^e 609 

Complaint  ON  Oath.    See  Forcible  Entry  and  Detainer 683 

CoMPULSOBT  Abbitration.    See  Ihrtnerships 600-1 

Compittation  of  Time.    See  Supreme  Court,  Fieadinmy  ^c 482 

CoNOBEOATiONs  AND  SOCIETIES,  RELIGIOUS.    See  Joeligious  Congregations  and 

Societies 141 

CoNSTABLB,  Chief.    See  TatmshipSy  Certain  County y  ^c 134-6 

Constables.    See  Assessments,  Cimnty 119,120 

Costs  and  Fees 614,621-2 

Justices,  Jurisdiction  of^      416-6-8,420-2-3 

Hailroads,  Provisions  liespeciing 272 

Townships,  Certain  County,  ^c.         132-3 

COMSTABIiES,  PROTECTIO.^  OF  608 

Action  against  constable,  Ac,  not  brought  irntll  demand  of  copy,  &c.,  of  war- 
rant served 608 

must  be  brought  within  six  months  609 

when  judgment  in  against  justice  alone  ;  costs  609 

for  defendant 608 

justice  must  be  made  party  to    608 

Costs,  where  verdict  against  justice        609 

Demand  of  perusal  and  copy  of  warrant  must  be  served  on  constable,  Ac, 

before  action  608 

when  complied  with,  justice  must  be  made  party  to  action  608 

Limitation  of  actions         609 

Warrant,  effect  of  proof  of,  Ac 606,609 

Constables,  Special.    See  Townships,  certain  County y  8^c 132-3 

Construction  of  Statutes.    See  ^atutes.  Promulgation,  ^c 2 

CoNBTRUCTivB  Service.    See  Absent  or  Absconding  Debtors  649 

Crown  Property,  Trespasses  to       93 

Equity,  Procedure  622 

licheating  Lands,  ^c.  583-4 

Highway  Labor  264 

Lands,  Partition  of 671 

Lands,  Sale  of  U7ider  Foreclosure 673 

Lunatics,  Custody,  S^c.  216 

Mines  and  MineraU       26-6,36,46-6 

Probate  CouH         401-3 

Supreme  CouH,  Pleadings,  i^c 460-1-2,  473-4,  490 

OosTAOious  Diseases.    See  Boards  of  Health     167 

Oovtxmpt.    See  Witnesses  ofid  Evidence        649 

OF  Court.    See  Supreme  Court,  Findings,  8rc 482 

teojTumAWCB.    See  Lands,  Partition  of  671' 

Supreme  Court,  Pleadings,  ^c 468,476 

OOMTBAOTS.    Frauds  and  Perjuries,  S^c.  376 

RoadSj  Expenditure  of  Moneys  on 249  tO  261 

I^CnnraoTSKTBD  Elections.    See  Elections,  Controverted  13 

OcMVTBTAiroBS.    See  Trusts  and  Trustees 689 

Wills  of  Real  and  Personal  F^ate.,  368 

CSosnvTXira  Timbbb  and  Lumbeb  on  Rivers,  Ac.    See  Fivers,  Conveying,  ^c 333 

Bee  Justices,  Protection  of        606 

ovWinrass.    See  Witnesses  and  Evidence     647 

%&b  Lands,  PaHition  of         STO 

Liiniitation  of  Actifms  ^^ 


648  OBNBKAL  INDEX. 

PAOK. 

GopT  CsRTiviBD.    See  Witnesses  and  Evidsnce  641  to  645 

CoBN.    See  Hentt  Distress  for    567 

GOAONERS.  106 

Appointment  of  coroner  aud  how  sworn  in 105 

Assessment  for  extra  charges  may  he  appealed  from 107 

Extra  charges  on  inquests,  how  defrayed 107 

Fees  for  inquisition,  how  drawn  and  paid 105 

medic^il  men  examined  before  jury 107 

Inquisition ;  clerk  of  crown  to  file,  &c 105 

may  be  held  on  Sunday 105 

return  of ,  when  and  how  made        106 

Juries ;  how  summoned,  paid,  &c 105 

Justices  may  amerce  county  for  extra  charges      107 

hold  in(}ui8ition,  when 107 

Triplicate  returns  of  inquests  to  be  made 107 

CoBONBRS.    See  Costs  and  Fies., 614 

Intoxicating  L^ttors 346 

Municipalities 508,307 

Oobonbb's  Inquest,    oee  Mines,  He^lation  of...        70-1 

GoRPOBATiow,  Episcopal.    See  Religums  Congregations,  ^c ......        146 

GOAPOAATION8 ;  GENERAL.,  PROT18IOIV8  RESPECrTUVC}...  273 

Abstract  of  receipts,  expenditures,  &c.,  to  be  filed  annually ^ 

penalty  for  refusing  or  neglecting  to  furnish        27? 

Acts  of  incorporated  pier  or  wharf  companies,  continued ^ 

to  expire,  unless  operations  with  m  three  years 275 

valid,  although  unauthenticated  by  seal..         278 

Arbitration ;  mode  of  settling  disputes  by 276, 277 

Banking  or  insurance ;  only  transacted  by  special  authority 276 

Bye-laws;  extent  and  nature  of 273,274 

in  what  cases  to  be  recorded 274 

officers  to  be  governed  by 274 

penalty  for  infraction  of 27*       ] 

Charters,  to  continue  after  expiration,  (&c 27j 

expire,  if  not  put  in  operation 2?5 

Directors ;  i)er8onally  liable  in  certain  cases 27* 

First  meeting  of,  how  called '^ 

Insurance  ;  returns  of  to  be  made  to  Provincial  Secretary's  office 278 

Justices ;  power  of  to  direct  calling  of  meeting 2?5 

Meeting;  now  called  in  special  cases,  and  business  at        27^ 

Members  liable  for  debts  and  obligations  of. 277 

Officers,  how  apix»inted,  vacancies  how  filled 278, 275 

may  be  sued  in  Supreme  Court,  &c 276 

Parliament  of  /Canada,  legislation  of,  not  contravened        27^ 

Penalty  for  making  f^se  returns,  &c 27o 

Powers  and  privileges  of ,  defined 27? 

Proceedings,  h  ow  recorded,  when  required  by  Act 274 

Real  estate  to  be  deem^  personal  property 275 

Returns  of,  how  authenticated  and  when  made 27o 

penalty  for  falsifying.  &c 27^ 

Trustees  may  be  appointed  to  settle  affairs  of 276 

their  powers  and  duties 2^ 

CoBPOBATioNS,  Lakd  AND  AoRicuLTUBAL.    See  Agricultural  and  Land  CorporatioM.,  225 

CoRBUPT  Pbaoticbs  AT  Elections.    See  Elections,  Corrupt,  ^c, \ 

Costs.    See  Absent  or  Absconding  Debtors     ^^*^S^ 

Arbitration  6j^ 

Constables,  Protection  of  (M^L 

EguUy  Procedure 623.634,^^1 

J&cheating  Lands  forfeited  to  Croion        5^j 

Executors,  Administrators  and  Trustees  6iK 

Intoxicating  Lwuars,  ^c,  ^'^^ 

Justices,  Jurisdiction  of       40^ 

Protection  of 607 

Lands,  Partition  of 

Partnersh^   


GENERAL  INDEX.  649 

PAGE. 

38T8.    See  Probate  Court         402-6-7-8-9 

Supreme  Ocmrt,  Pleadings,  <J-c.  442-8,  454^5-6-8-9, 462  to  466, 470-4-7, 48S-5 

Trusts  and  Trustees      90-1-3 

Witnesses  and  Evidence        540-1 

!08TS  AWI>  FEES    610 

Actions  for  penalties  under  chapter,  where  and  when  to  be  brought       610 

Appeal  causes,  costs  from  court  below  in,  how  allowed  and  taxed 616 

Applications  for  grants,  &c.,  not  affected       628 

Defendant  to  have  no  witness  fees  unless  called  by  plaintiff  614 

Excessive  fees,  penalty  for  taking    610 

Grants,  applicants  for,  &c.,  exempted  from  chapter  623 

Items  of  prothonotary's,  crier's  and  constable's  fees  to  be  furnished  by  protho- 

notary;  penalty  610 

Justices,  fees  how  divided  between         621 

Limitation  of  actions  for  penalties   610 

Penalties  for  taking  excessive  fees  610 

on  prothonotaries  for  not  furnishing  bills  of  items  if  required  ...  610 

Plaintiff  or  defendant  not  entitled  to  witness  fees,  unless  called  by  opposite 

party        614 

Prothonotary  not  allowed  commission  on  money  paid  into  court  under  rule  or 

plea        612 

to  furnish  bills  of  items  if  required ;  penalty  610 

Schedule,  fees  to  be  as  prescribed  in 610 

Schedule  of  Fees 610 

Advocates  and  proctors,  in  divorce  court  617 

probate    "        620 

Appraisers,  in  probate  court  •    620 

supreme    **  613 

Arbitrators  under  rule  of  court  614 

Attorneys,  in  appeal  causes,  &c 614 

declaration  causes  616 

equitable  suits  616 

summary,  sub-summary,  &c 614 

Bastardy  cases   622 

Commissioners,  in  court  for  divorce  and  matrimonial  causes        61 8 

supreme  court 612 

Constables,  in  bastardy  cases  622 

magistrates' courts         621 

supreme  court         614 

Coroners      614 

Counsel 616 

Court  for  divorce  and  matrimonial  causes         617 

of  justices 620 

probate        618 

supreme  611 

Crier  614 

Crown  land  office  623 

Deeds,  registrar  of    623 

Distress  for  rent • 628 

Divorce  and  matrimonial  causes,  court  for        617 

£<][uitable  suits 616 

Jailer,  or  keeper  of  lockup 622 

Judge  of  probate  618 

Jurors,  in  justices' courts        622 

supreme  court 613 

Justices,  in  bastardy  cases     622 

magistrates' courts     620 

Lockup,  keeper  of,  or  jailer    622 

Ihgistrates' court  620 

Maibera  in  equitable  cases      617 

Madical  mctitioners      614 

MfafrtBirud  dBcers,  in  probate  court    620 

AtobitB  ooart    618 

Aoetan  and  MlYOcates,  in  divorce  court  ^*l 


flW 


Prndvfiuav^.  Ji  Si^pnacun  raoaeiL  occ.  ttl 

jtunxDajr'.  riiu-Rnnmary  snd  appeal  i  iiiiiit  i  fli 

PjnrrnKai  Vi.^g'jttL '»  3i8<«     fiO 

3ip^atxmr  7f  IVfffii'  «       C3 

timrr*  smt       US 

ixnfmSB         fif 

S^nt.  liiffnw  ^r       -  ..        & 

^\u!r.^  s.^^  JL  •jmtmxB  ^aurz         fii 

ji  lamviu*^  -tjurt         flS 

la  «ip  if  limil  in -"fniicv    -...AT 

.%ipnaiii»  Tnait  «       fli 

WitiKfliWi- in  :aanrs9' TQHK  _        CI 

<<xr)imie    *         „        W 

!iwfl  3iii0t  be  jeniieseti  :a.  dbc 61 

Ovf^CTT-.    *» -Wwiwaidfciw     ....  :£(it,  JM,90l^ 

OyryctLuntA,  Cf^ryrri.    ^mt  Jfvmrmiihm  99tD9{ 

LRivr-^LATTra.    5ee  i^iTH^rirnY  Coiinriiiifeiv 7 

Toiry^HC:?.  JfvminiiMfiCMi        31S44 

COTTJfflKr*    ^^  C^uitt 'tnd  F-sm W 

.Skpr«ffuf  OMrfi  Ffmdmgw.  >?.  470-7-1^,  400-5-^30 

COCTTTTIWI,  DttTDRD.     diw  ^inint  tf 

ToTrf'iH.'?^,  ±.T^  BorxD.tATES  of.    See  Batutdmrim^  Jr.       W 

COCTTRT  C^rsM.    ?<»  £|iiiry  iVwwrfi*r<j  5fl-*^ 

Cocmr,    5tec  Mumit.ipniitwm  ^      SBM 

A5T#  TowTf^Hr?  «>F7icTaw.    See  Tatnutkip§^  fc W 

AtWKiitnrKTT^.    dee  ^-IwamnKjiti.  Comtfy        »  U^ 

CHAR/^m.    See  .^jnndii.  yh^rious,  Ltttnutim  of. )tt 

Ajtmrnmeni*,  Ctmnty U) 

BoanU  fsf  Heoith.  etc.     ISM 

Bfmmdnrma  of  €ataitie$j  €tc.   1^ 

fJCTfMfffI  ...... ......  1^ 

PMic  Orrmmig.  Supetiiaort  of  ^ 

Jio^jdt,  (itA^r  fAan  cerfam  Great     3Id 

fitnfufe».  Promulgation,  etc.     J 

TftKA«rr;ikKR.      Ajuetmrnenis.  C^ntif         1 1 0-1 -S-9, 130-1-** 

Jurust  ^ 

Trncnnhiim.  certain  County.  He 135 

(Jf}VHr,    9it^,  ArhHrfAifm     ^S 

TnuffA  rmd  TruM^tfJt  wj 

ASh  .U:XtfiK%.    ^^fid  Liberty  cff  Sui^ert S* 

FOB  fMvoRrR  A.vD  Matbimon'ial  Causes.    See  Cbrf#  onJ  JVw        J^ 

or  F'r^;bate,    i*)^.  Probate  Courts  and  Procedure  therm    3^ 

Lands,  Sale  of  under  Foreriofure 5iJ-J 

Hrmitif  K  Aiii>  iTf  Officerb.    See  Supreme  Court  and  its  Officers 391 

Pleadings  aitd  Practice  nr.     See  Supreme   Court, 

Pleadings,  etc *** 

OiTRRTrmR.    Hfitfi  Tjtmit/if ion  cf  Actions         *^^^^ 

CftEmTORH.    Had  Married  Women,  Protedion  of 2 

Wilis  (^  lie^  and  Personal  Estate    JJ 

CRRmroRfi,  Fracdh  ON  BT  Bills  or  Sale.    See  BUls  of  Sale,  etc,  ^ 

Crirr.  Costs  ami  Fees        ^1 

Crime  OR  Intrrbht.    fk*e  Witnesses  and  Evidence ^ 

Cromiroi.    Het^  Jiailroofls.  lYauisions  respecting  *J 

Crowr,  Clerk  or.    Hee  Clerk  of  Croum J? 

Crown  Land  OFricE.      (fosts  and  Fees  ^ 

CHOWW  I.A1«1>H * 

PART  I. 

Agricultural  iDiprovement;  application  for  lots  for,  how  to  be  made    ^^~.^      7 

must  be  accompanied  by  aAdaniM-  J 

lots,  how  surveyed,  marked,  and  resetred^  .-m-        9 

price  and  subdiyision  of  ^  * 


OENXRATi  INDEX.  651 

PAGE. 

Mni^N  I^lVUfih- Contlniied. 

Agricultural  improTement ;  lots,  quantity  to  be  ^ranted  limited           86 

roads    may   be  laia  out  by  order   of    commia- 

sioner...        86 

road  work  taken  in  pirt  payment  for  land 86 

Balances  due  by  applicants ;  time  for  payment  of,  &c 87 

Chainmen  to  be  sworn  by  deputy  surveyors..      ^ 86 

Commissioner ;  official  title  of .' 84 

Deputy  surveyors ;  appointment  of  by  governor  in  council 84 

bond  ^iven  by  to  commissioner 84 

commission  to  be  received  by 84 

county  plan  to  be  supplied  to,  &e B4 

duties  to  be  perfomiea  bv 84 

fees  for  plans,  searches,  «c 84 

instructions  to  be  furnished  to 84 

quarterly  accounts,  how  rendered 84 

to  be  atte5ted  to 84 

township  lines  ma}' be  traced  by 86 

Forms  of  Bonds,  &c.    See  Schedules 88  to  90 

Governor  in  council  may  decide  questions  of  occupancy 86 

Grants,  in  what  cases  may  be  declared  void 86 

Lumbering  purposes  ;    applications  for  lands  for,  and  survey  thereon.......  86 

extent  of  grant  limited  to  2000  acres.        86 

price  to  be  paid  by  grantee  of  such  lands.        86 

Notice  to  quit  to  be  given  by  commissioner 87 

Penalty  for  cutting  trees  on  ungranted  land 86 

Possession ;  arrest  of  party  refusing,  after  notice. 87 

bond  how  given,  and  case  how  tried*  &c 87,88 

costs  to  be  taxed  by  successful  party 88 

court,  after  judgment  may  order 88 

judgment,  record  of  to  be  made,  form  of 88,89 

other  legal  remedies  not  abridged 88 

under  sixty  years,  provision  respecting 86 

Purchase  of,  application  for  how  to  be  made 86 

Purchaser  not  to  enter  until  passage  of  grant       86 

Schedules  to  chapter — bond — record — "^t  of  possession. 88to90 

PART  n. 

Free  Gbants  AND  Homesteads 90 

Appropriation  of  land  to  actual  settlers... . .        90 

Grant  free,  form  of,  and  when  to  issue. ••••         91,92 

Land  liable  for  rates  and  taxes  ...        92 

Locatee ;  definition  of  term.         . .  •  •         •  •  •  •         •  •  •  •         •  •  •  •        •  •  •  •    90 

extent  of  grant,  and  age  at  which  granted      90 

forfeiture  of  location,  when  to  take  place 91 

power  of,  to  alienate  or  encumber  land 91 

preliminary  affidavit,  where  deposited      90 

prior  debt,  land  not  liable  for,  kc 92 

^  widow  to  inherit,  in  case  of  death  of 91 

wwx  Lands.    &ee  Asrnculfuralf  ^c..  Corporations    227 

Immigrants 356 

Mines  and  Minerals 46 

^L  Hevenue,  Castwlf  etc ^ 

wjftWir,  liANPS  FORFEITED  TO,  EscHEAT  OF.    See  Escheating  Lands,  etc 683 

OMIWIV  FmOPEHTY  I  TRESPASSES  TO         92 

Aelilm  fbr  trespasses  to  crown  proi^ertv  when  to  be  brought    96 

Appeal  from  Justices ;  proceedings  imder  94 

CUbte  not  to  conflict  with  that  on  mines  and  minerals         95 

CmwemiMition, form  of  sentence,^ 93 

«    S^tigi  mad  powers  of  sheriff,  surveyor,  &c ! 93 

sl    'wbbu^ euiecDuB of.     ••.•        ....        ....       ...•        ••••       ..••       •.••    vo 

ir    ^MMptoeeede;  disposal  of,  after  sale    98 

^    So  pvwnto-mfe  wood,  &c.,vrithout  license « ^ 

penalty  flierefor       ,       %i 


652  GENERAL  IKDBX. 


CROl^nr  PROPBRTY.  Ac— Conttmieib 

Penalty  for  obetructing  offioers,  Ac 

Priyileffes  of  persons  impleaded,  Ac 

Proceedings,  after  seizure 

where  parties  are  known ;  form,  Ac 

unknown,  form,  &c 

Proceeds  of  sale  of  trees,  &c.,  to  whom  paid       

Prosecution  to  be  in  name  of  Queen 

Sheriffs  and  surveyors,  to  protect  property  

Trees,  &c.,  illegally  cut,  may  be  seized  and  sold  

When  property  sold  does  not  pay  expenses  

CSbushrb.    Bee  Mines  (tnd  Mmerab 

Custody  and  Estates  of  Lunatics.    See  Lunatics,  Custody y  etc. 

OF  Plans,  &c.    See  Townships^  certain  County ,  etc 

OusTOS  ;  appointed  by  Governor  in  Council         ...., 

to  appoint  clerk  of  peace 

Bee  Custos  and  Clerk  of  Peace 


DAMAOsa    Bee  Dower,  Writ  of .       

Forcible  Entry  and  Detainer 

Justices^  Protection  of A 

Mines  and  Minerals ^      25-6-7,2 

RaHroadSf  Provisions  Respecting,         

JRoads,  Certain  Great,  etc 

otho' than  certain  Great ' 

SetoerSy  Dyked  and  Marsh  Lands > 

Supreme  Court,  Pleadings,  etc,  455,481-.' 

Various  other  chapters. 

Damagks  BY  Cattle.    Bee  Fences,  Fence  ViewerSy  etc 

Day,  WORKING.    Bee  Highway  Labor  

Days,  how  computed.    See  Supretne  Court,  Pleadings,  etc 

Death,  IN  Ejectment.  "  **  "  493t 

OTHEB  Actions.      **  **  "  459 1 

Partition.  Lands,  PartUion  of 

OF  Trustees.  Trusts  and  Trustees 

OB  Absence.  Sheriffs 

Debt.    Bee  Limitation  of  Actions 

Debtobs,  Absent  OB  Absconding.    Bee  Absent,  etc.,  Debtors 

Joint.    Bee  Limitation  of  Actions •     

Supreme  Court,  Pleadings,  etc 

Debts.    Bee  Probata,  Court,  etc 399, 4tt 

Deceased  Pebsons.    Bee  Assessments,  County 

Declabations.    Bee  Deeds,  etc..  Registry  of        

Joint  Stock  Companies 2i1 

Library  Associations,  etc 

Witnesses  and  Evidence 

OF  Tbust.    Bee  Frauds  and  Perjuries        

Dbcbbbs.    Be^  Probate  Court 

Dbbds.    Bee  Deeds,  etc..  Registry  of .        361-i 

Witnesses  and  Evidence - 


BJBEHS  A1V1>  ElVClJ]9IBRAMC:i:8  AFFECTIIVG  I^AMBS, 

REGISTRY  OF        

Attachment ;    certificate,  endorsed  on,  to  be  evidence  of  registiy 
discharge  of  by  entry  on  margin  of  registiy 

double  mdexes  to  books,  how  made  and  kept    

lands  bound  by,  from  what  date,  &c.  

registered  in  county  where  the  lands  lie  

from  time  of  being  lodged  in  office 

Bond,  to  be  given  by  repstrar,  &c r— 

Books  of  entry,  double  index  of  to  be  kept  


!•••• 


•••••• 


•••••• 


GENERAL  IKDEX.  65S 

PAOB. 

DS  ANH  KWCV'MBRAMCES,  &c«— Conttimeib 

K>k8  of  regi8tT}%  contemporaneous  to  be  kept  in  Halifax        9d4 

double  index  of  to  be  kept       361 

for  pfrants,  by  whom  furnished        364 

how  provided,  their  kind,  quality,  &c ....  361 

safe  keepinpj  on  provided  for 364 

rtificate  of  registrar,  to  be  evidence  of  refifistry        868 

iclarations,  Ac,  made  in  Great  Britain,  &c.,  legal  effect  of           365 

jeds ;  certificate  endorsed  on,  evidence  of  registry    868 

copied  into  books,  so  as  to  be  transcripts  of  originals         361 

deemed  registered,  when  proved  and  lodged 362 

executed  under  power  of  attorney;  power  to  be  registered 362 

how  proved  within  the  Province       361 

without            ••        362 

registered,  when  witness  absent  or  dead 861 

plans  attached  to,  copie<l  in  books            861 

registered  in  order  as  proved  and  lodged        362 

on  declarations  made  in  Great  Britain,  ^.         865 

to  l>e  registered  in  county  where  lands  lie      861 

unregistered,  void  against  subsequent  purchasers,  &c.         868 

witnesses  comi)ellable  to  prove  execution  of,  &c.          362 

unts  ;  after  Slst  March,  18M,  where  to  be  recorded        364 

books  for  the  registry  of,  by  whom  furnished              364 

duplicate  originals  01,  by  whom  to  be  signed        364 

fee  for  reconling,  and  by  whom  payable        364 

how  transmitted  for  registry,  and  recorded          364 

index  to  contain  name  of  each  g^ntee           364 

plan  in  duplicate  transmitted  and  attached          364 

[lexes ;  provision  for  safe  keeping  of  books  of          360 

dgments ;  certificate  on  docket  evidence  of  registry       368 

docket  of,  what  particulars  to  contain    368 

how  discharged  and  on  what  i)ro()f 368 

registered  and  on  what  proof           363 

lands  b<3und  from  date  of  registnr    868 

not  to  be  tacked  to  prior  encumbrances 868 

registered  from  time  when  lodged   362 

in  county  where  lands  lie       361 

KBes,  for  more  than  three  years,  should  be  registered,  &c.             364 

nlgages ;  discharged  by  release  reconled   368 

not  registered,  void  in  certain  cases 868 

to  be  tacked  to  prior  mortgage           363 

release,  marginal  note  to  be  made  of 368 

what  particulars  to  contain          368 

thfly  of  execution,  by  whom  administered  within  Province          361 

without      "          362 

in  case  of  death  or  absence  of  witness              361 

rtitioii  of  township ;  plans  of  certifieil  and  transmitted        364 

wer  of  attorney  to  be  recorded,  when  deed  executed  under         862 

gittrar  of  deeds  ;  appointment  of,  and  of  deputy    360 

bond  to  be  given  by,  Ac 361 

books  of  registrj' to  be  furnished  by          361 

oaths  may  be  administered  by            361 

penalty  for  neglect  of  duty          864 

(ef»  flvBproof ;  amercement  may  be  made  for  in  certain  cases       360 

books  of  registry  and  indexes  to  be  kept  in    360 

counties  and  districts  to  be  assessed  for 860 

Halifax  County  exempt  from  pro visi on           864 

penadty  on  registrar  lor  not  keeping  books  in        864 

itnoni,  oompeuible  to  produce  for  proof  or  re^Astry 862 

BT  ILkVBlBD  WoMBN.    See  Married  Women,  Deeas  In/ 859 

ov  IvooBKMUnoR.  BeUffiouB  Congregations,  etc 141, 

cm.  Costs  and  Fees 


•••••• 


Deeds,  ate.,  Registry  of 360-1-^ 

Lands,  Sale  of  under  £xecutwn  ^\-^ 


654  OBNBBAL  IVDXX. 

PAGIi 

Dbbds,  Shbrifm'.    S^  LantUy  SaU  of  under  Foreclosure S3 

Default.    See  Equity  Procedure     59 

Lands,  Partitwn  of         571 

Supreme  Court,  Pleadings,  etc 454-5,  468. 49a  510 

Dbfeasanck.    See  Bills  of  Sale,  Secret,  etc 379 

Supreme  Court,  Pleadings,  etc,  4^0 

Dbfsncb.  Forcible  Entry  and  Detainer         5^ 

Supreme  Court,  Pleadings,  etc,  471 

DsFBNDANT.     See  Costs  and  Fees    614 

Intoxicating  Liquors,  etc.  350 

Lands,  Partition  of 571 

Lands,  Sals  of  under  ExectUion  561 

Lands,  Sale  of  under  Foreclosure 57M 

Dktxcibvgt  OF  Rate.    See  Sewers,  Ih/ke  and  Marsh         3S3 

Dbfinitiow  OF  Tebms.    See  Equi^  Procedure  SSD 

Imoxicatinq  Liquors,  etc 814 

Lunatics,  Gustody,  etc  of. HB 

Marriage,  Soletnnization  of     378 

Medicine  and  Surgery      153 

Mines  and  Minerais 3 

Mines,  ReguUdum  of       50 

Poor,  Settlement,  etc 189 

Public  Instruction  17S-9. 1« 

Railroads,  Provisions,  tic ^ 

Rivers,  conveying  of  Titnber,  etc 8M 

Streets,  Commissioners  of        29 

Totonships,  certain  County,  etc IS) 

Trusts  and  Trustees 587-8 

Wills  of  Real  and  Personal  Estate  389,379 

Dborses  of  KiNDBED.    See  Desceni  of  Real  and  Psrsonol  Estots     3iS 

Demise.    See  Limitation  of  Actions 5N 

Dsia^RER.    Equity  Procedure  521 

Supretne  Court  Pleadings,  etc 463-4-5,  47M 

Departmental  Officers.    See  Public  Officers,  dc 9i 

Deposit.    See  Supreme  Court,  Pleadings,  etc 441 

Depositions.    Equity  Procedure •  •  •  •         ....  ...         ....     533-1 

Supreme  Court,  PUiadings,  etc. ...         • .  •  •  ...  48S 

Witnesses  aiul  Evidence  536-7,  MO 

Deputy  Commissioners.    See  Mines  and  Minerals  21-3-3 

Rrolstrars.  Marriage  Solemnisation  of 37S.8qf 

Secretary.  Public' Officers,  etc.         "    Ji 

Surveyors.  CrovmLands 84-^ 

DESCENT  OF  REAIi  AND  PBA80NAI.  ESTATE 371 

Advancement,  how  treated  on  division  and  distribution    373 

in  real  estate,  how  to  l)e  considered,  &c.  373 

not  retjuired  to  be  refunded,  &C.    878 

valuation  of,  by  intestate,  to  be  conclusive        374 

what  gifts  or  ffrants  shall  be  deemed  to  be 373 

when  |)artie8  die  before  intestate,  how  allowed 374 

Children,  advancement  to  by  intestate,  how  considered,  &c  373,874 

posthumous,  how  to  be  provided  for  373 

Degrees  of  kindred,  how  to  be  computed  372 

Descent  of  undevised  real  estate       ....        ...  *         ....         ....        ....       871 

in  case  deceased  should  leave  issue. 371 

no  issue  •  • .  •        371 
of  unmarried  deceased  minor  leaving 

brothers.  371 

other  cases,  and  among  collaterals         ...»  371 
property  of  unmarried  deceased  minor  how 

divided ..••         «•••        ****  S 

Distribution  of  undevised  personal  estate,  rules  for      ^ 

Dower ;  Ismds  held  by  widow  as,  how  divided  after  her  death        £} 

title  of  widow,  as  tenant  in,  not  affected       £[ 

£state,  undevised  by  mU.  how  to  be  distributed «* 


GBNBEAL  IKlDEX.  655 

IfiSCBlVT  OF  RKAI.  AlVD  PKRMIIVAI^  fiSTAXB— ContliMied. 

Gifts  or  grants,  what  shall  be  deemed  to  be  advancements        •  •  • 373 

Intestate ;  lands  held  in  trust  for,  how  chargeable,  and  descent  of 372 

^  leaving  issue,  descent  of  real  estate  of        •  •  •  *         371 

no  issue,  descent  of  real  estate  of  371 

or  father,  descent  of  real  estate  of 371 

widow,     "  *•  "  371 

kindred,  widow  to  inherit         •  •  i. 372 

personal  estate  of,  how  to  be  distributed  • 372 

posthumous  children  of,  how  provided  for 373 

wearing  apparel  of,  distributeu  among  family •  •  •  •  372 

Kindred,  degrees  of,  how  to  be  computed      •  •  •  •         • . . .         •  • .  •         . .  •  •  372 

if  intestate  have  none,  widow  to  inherit  372 

Married  women,  dying  intestate,  estates  how  distributed  373 

Minor,  unmarried,  descent  of  estate  in  case  of  deatli  of,  &c.  371 

Paraphernalia,  &c.,  of  widow  to  be  allowed  her  372 

Postnumous  children,  provision  how  to  be  made  for  373 

Tenancy  by  the  couitesy  and  in  dower,  not  affected 374 

Undevised  estate,  real  and  personal,  how  distributed  374 

Widow ;  allowance  to  for  maintenance  out  of  personal  estate 372 

lands  held  in  dower  by,  how  divided  after  death  • . ' .         •  •  • .  374 

one- third  of  personal  estate  to  be  distributed  to         372 

paraphernalia,  &c.,  to  be  allowed  to        372 

where  no  itisue,  to  take  half  of  real  estate     371 

kindred,  to  take  estate  372 

^BSTBUCTiON  OF  Noxious  ANIMALS.    See  AninuilSy  yo,vt'ou8,  etc * .  •  •  343 

Detainer,  Forcible.    See  Forcible  Entry  and  Detainer  •  • .  •         • . . .         .  •  •  •   582 

^BTBKTiOH,  Unlawful.    See  Supreme  dourly  PleadmgBy  etc.  W 

tRTDTCTE.    Siee  Limitation  of  ActioTis.- 569 

Metises.  Wills  of  Real  atui  Per$onal  Estate 366-7-9,370 

^ntECTORS.         Corporations^  General  l^ovisions  Hespecting      276 

Joint  Stock  Companies     280 

Library  Associations 287 

II8ABII.IT1EH/ EXECUTIVE  A^D  liEGISI^ATIVE. 7 

Disability  created  by  holding  certain  offices 7 

Elections,  Ac,  of  dhsabled  i>eraon8  void 8 

Exceptions  as  to  departmental  officers?,  &c 9 

Members  accepting  office,  seats  of  vacated 8 

Members  of  senate  and  house  of  commons  ineligible 8 

Resignation  of  office,  how  and  when  to  be  made 9 

Seats  of  departmental  officers,  when  not  vacated 8 

nUkBiUTT.    Soe  Trusts  a7id  Trv^.ee^ 589 

tSGBABGE.  Supreme  Coufi,  Pleadings  and  P/'adice  in. 448^488 

OF  Fire-arms  AND  FiBE-woRKS.    ^ee  PSre-armSt  etc 331 

Patient.    Bee  Lunatics ^  Custody,  etc^  of    214 

Prisoner.         Liberty  of  Suhjed 658 

IHOOVTIXUAHCE.    See  Supreme  Court,  Pleadings^  etc 471 ,  495 

l|BBA0X8  Infectious.    Bee  Boards  of  Health,  etc 157 

teOBDBRLT  Driving.  Poadsy  Preservation  of 259 

IMVXB88  FOR  JIent.  Costs  and  Fees 623 

Rerd,  Distress  for        585 

ox  Entry.  Limitation  of  Actions 561*2-3 

lanuBunoir.    Be^  Descent  of  Re^  ana  Personal  Estate.  ^ 372 

Trusts  ana  Trustees 592 

See  Highway  Labor 253 

Mmes  and  Minerals 234-9.47 

Municipalities 290 

Eueotoral.    Bee  Municipalities ^ 810 

P60K.    Bee  Poor  Districts        19T 

TowmBiF8,&c.    Bee  Boundaries  of  Counties,  etc 100 

«vLAliMi    Bn^  Lands,  Partition  of .        570 

BSALBflTATS.    Bee  Probate  Court 401^2 

Bte  Married  Women,  Protection  of 385 

0om.    Bee  CoBts  and  Fees ^'^ 


666  GENERAL  IHBEX. 

PAGE. 

Docket.    See  Supreme  Court,  JPleadinggy  etc,        475-0 

D0CDMENT8.    &ee  Arbitration,^ 595 

Supreme  Courts  Pleadings,  etc 467 

J\  ttnesaeji  and  Evidence .^ 537  to  511 

Doos.    %ee  AnimaU,  Certain  going  at  Large 337 

DOGS,  TAXATION  OF.        339 

Dogs  chasing  or  worrying  sheep  may  be  killed 839 

owners  liable  to' i)enalty  after  notice 339 

taxation  of ;  amount  to  be  fixed  by  sessions        339 

regulations  concerning  to  be  published 339 

DowBB.    Bee  Descent  of  lie^l  and  Personal  ^ate 374 

Limitation  of  Actiatu 564 

Probate  Couti,  etc 401 

DOVTER,  IVRIT  OF obT 

Assignment  ot\  how  made  to  widow  after  demand     ^ 

Damages  may  be  assigned  upon  judgment  for  widow        o67 

Five  freeholders  of  neighborhood  to  set  off 569 

Form  of  writ  of  dower,  prescribed  and  given  in  schedule .%",  n<»? 

seisen  "  "  "  "  5Ci7,5(? 

If  no  division  by  metes  or  bounds,  widow  how  endowed r>fpS 

May  be  sued  for  within  one  month  after  demand ^>7 

Mode  of  setting  off  prescril^ed,  and  by  whom ^l 

Waste  not  to  be  committed  or  suffered  bj-  widow 567 

Widow  speciall}' endowed  where  no  division  made ^ 

Drainaob.    &ee  Sewers y  Dyke^  and  Marsh 232^"*^ 

Drains.  **  *'  "  "  23? 

Db A w  Bridges.    See  Brid^/es  and  Public  Landings 27'' 

Driving ,  Rules  for.    See  lioads^  Preservation  of       25©,  3J0 

Duration  of  General  Assembly.     General  Assembly^  Duration,  etc 9 

Duties  and  Salaries  of  Certain  Officers.    See  PMic  Officers,  «/r flf 

Duty,  Justice  how  Compelled  to  Perform.    See  Justices,  Protection  of  , HOs 

Dyked  and  Marsh  Lands.    See  Sewers,  Duke,  etc.     ....         .  •  -  •         .  -  ■  •         . . . .  l'?* 

1)tkr«.    See  Sewers,  Dyke,  and  Manth  Land,         231 ,  234  to  23? 

E. 

Easements.     See  Limitation  of  Adions.         ....         ....         •  •  • .         ^^*[I 

Education.    See  Public  Listnution.        ....         • .  •  •         • . « •         •  • .  •         •  •  •  Jjj^ 

Ejectment.  Lajuls,  Sale  of  under  Foreclosure .  •  •  •         ....         ....  67? 

Supreme  Coiiti,  Flexidings,  etc ....         •  •  •  •  489  to  496, 512.W 

Election  Committer.    ^i\  Electioiut,  Controverted •.••         •-••         ..14»i(j 

Elections.    See  Disabilities,  Jii'ecutice,  etc,,         ....         ....         •  • . •         • . •  •  * 

Contested.    See  Municiindities .  • .  •         •  •  •  •         •  •  •  •         . . . .  3l*- 

EliECTIO^S,  CO!VTROVJERTEl> 13 

Bond,  required  before  proceet ling  on  r>etition 13 

Committee  ;  chairman,  how  selected       ^\ 

to  have  additional  vote  ^\ 

reiwrt  absent  memlters l^j 

disobedience  to  summons        I'j 

how  drawn,  struck  and  swoni  W^ 

struck,  &c.,  in  undefended  cases     ^^ 

may  direct  room  to  be  cleared  ^J 

report  si)eciallv     1* 

member  absenting  Iiimsolf,  to  be  reported     „ ^J 

members  ineligible  to  serve        ....         ....         ••••         ....  ^J 

how  and  when  excused      . .  •  •         . . .  •         ...  -  li  ^i 

of  government  how  excused     .•••         ....         ••••  ^j 

when  excused,  others  to  be  drawn    ....        }j| 

oaths,  by  whom  to  be  administered        ..  •  •  |J 

powers  and  duty  of  Jj 

prorogation,  effect  of 'J 

provincial  &ecietazY  ^xooipt  ftom  serving  on •  " 


GENERAL  INDEX.  657 

PA6R. 

BliECmONS,  CO]«TROVEATEI>— C^nttmieib 

€k)mmittee ;  report  petition  or  opposition  friyolous,  &c.  16 

when  reduced  below  five,  dissolved 16 

Expenses  ;  how  taxed  and  recovered  •  -  - .         •  •  •  •         17 

party  payinf(  may  recover  proportion  ••••         17 

when  recoverable  under  report     ....         17 

Petition  ;  proceed inj^s  at  time  for  considering     . .« •  •  •  14, 1 5 

when  receivable  by  house •>. •         ••••         •.••         ••••         ••••  18 

Return  ;  proceeilings  on  jietit ion  against  18 

undefended  return  •  •  • .         ....         >  •  • .         •  •  •  •  18 

*  Sitting  member,*  meaning  of  words ..*•         ••••         17 

notice  to  be,  given  to         ....  18 

proceedings  in  cane  of  death,  &c.  •  •  •  •         •  •  •  •         •  •  •  •     18 

n^CmOWS  ;  CORRUPT  PRACTICES  AT 9 

Chapter,  how  ti)  be  cited  ....         .•••         ••••         ...•         ...•         ..••     12 

meaning  of  certain  words  in  ...•         ....         ....         ....       12,18 

Court  ma}' order  payment  of  cost8  ....         ....         ....  ....  ....     11 

Defendant  entit]e<l  to  costw,  if  judgment  in  his  favor. . .  •         . .  • .         ....  12 

Expenses  for  entortainnient  not  recoverable  from  candidate,  &e 9 

Form  of  act  ion  for  recovery  of  forfeiture      ....         12 

Intoxicating  liquors,  penalty  for  furnishing         ....         10 

Limitation  of  actions  under  chapter  ....         .... 12 

Penalties  for  bribery*  and  imdue  inKuence ....         ....         ....         ....  10, 1 1 

hv>w  recovered       ....  ....  ...  ....         ....  ....  11 

Persons  deemed  guilty  of  bribery  ....         10,11 

undue  influence     ....         ....         ....         ..••  11 

Prosecutor  to  enter  into  recognizance,  or  no  costs ....  ...     12 

Seat  of  candidate  guilty  of  bribery  vacated ....         ....  ...         ....  12 

Blbctob.    See  Muju'cipfrltttes  ....         ....         ....         ....         ....         ....  291 

Bhcoubagemknt  OF  Agriculture.    See  Af/ncuUurey  Encourngement 221 

Khcboachments,  &.C. ,  UN  Koads.  iHiblu'  Grounds,  Supervisors  of'».^         ....  320 

Boadsy  Preservation  of        ....         ....  259 

Expenditure  of  Moneys  on  •  •  •  •  252 

Streets,  Cmnmissioners  of  ....  265—6 

BircDMBBANCES,  AFFECTiNo  Lands,  REGISTRY  OF.    See  Dseds,  etc.,  Registry  of    ....  860 

Emdobsement  OF  Taymknt.     ^e  fjiniitation  of  Actions      ....  ...'.  ....  659 

Emoinb  MEN.    ^(^ti  Fp es  (nid  Firewards  .*...  ....  ....  ....         ....  827 

BwoLAHD,  Church  OF.     S^^  Church  of  EngUmd   ....         ....         ....  ....  189 

Ebtailbd  Estates.    See  JJsf(rtes  Tail  . .         ....  ....  ....  ....         ....  860 

Ertbt  and  DKrAiNKU.  FoHC'iBi.K.    See  Forcible  Entry,  et€.  582 

OF  Causes.    See  ISupreme  Court,  Pleadimfs,  etc.  475—8 

ON  Lan  Df.  Limitation  of  Actions     ....  ....  ....  ....       561—2 

Kfucopal  Corporations.    See  Rdtgious  Congregations,  etc 146 

bif COPAL1ANS.    See  Meeting  Houses,  Repairs  of  *»>"         ....         ....         ....  147 

Xquitaiilb  Fleas.      Supreme  Court,  Pleadings^  etc ....         ....  469,  491 

Suits.        Costs  ami  Fees        ....  ....         ....         ....         ....  616 

Bquixt.    iiee  Costs  and  Feea  ....         ....  ....  ....  ....  .,,,   616 

Court,    i^ee  Tiiists  and  Trustees  ....         ....  .*.         ....  388 

Judge.  ICquity  Procedure  ....         ....     620—1—2—7 

Supreme  Court  and  its  Officers  ....         391—2 

milJITY  PROCEl>rRK       520 

Abiient  defendants ;  service  on  in  equity  suifa*,  &c.,  how  effected  ....  522 

Answer  of  defendant ;  cause,  how  heard  on  writ  and         522 

must  l>e  briefly  and  distinctly  stated      521 

given  under  oath 521 

when  new  matter  by  way  of  avoidance  in  ....  521 

Appeals,  from  equity  judge  t<:)  .supieme  court,  allowed       534 

how  entered  on  docket  of  supreme  court       ,^»34 

Jud^e  may  make  rules  and  regulations  as  to        535 

petition,  appellant  t.)  present  within  what  time,  &c 535 

bond  for  security  to  be  entered  into  and  hew      53.'* 

certificate  of  counsel  of  reasonable  cause,  attached     ....         534 

contents  of ,  appellant  strictly  confined  to  535 

dismissed,  if  security  not  duly  perfected      ^i5fc 

41 


658  GENERAL  INDEX. 

FAGX. 

EHl^ITY  PROCEDURE— Continiied. 

Appeals,  proceedings  not  starred  by,  unless  specially  ordered  6S5 

Bond,  by  appellant,  for  security,  in  case  order  not  reversed      SS^ 

guardian,  on  sale,  &c^  of  real  estate  of  lunatics,  infants,  &c.  532 

Cause  of  action ;  legal  not  to  be  included  in  equitable  writ      524 

Chanceiy,  English  practice  of,  to  be  adopted  in  what  cases  521 

jurisdiction  of,  given  to  supreme  court       521 

suits  in,  to  be  commenced  by  writs  of  summons 521 

technical  or  formal  language  in  pleadings  lumeceesary  521 

Costs ;  discretion  of  court  in  awarding  or  withholding      522 

in  equitable  suits,  taxation  and  allowance  of    534, 01 A 

suits  for  perpetuating  testimony,  how  payable  534 

penalty  for  taking  excessive,  how  recoverable 534 

Countiy  causes;  issues  in,  settled  by  judge  and  returned 52S 

trial  may  be  ordered  by  judge         527 

verdict,  judgment  may  bs  entered  on    527 

need  not  be  sent  for  consideration  of  judge  at  Halifax ^ 

rule  nisi  for  new  trial,  how  argued,  &c 527 

suggestions  of  issues  required,  how  made,  &c.  525 

to  M  tried  by  jury,  as  formerly,  unless,  Ac.  535 

Court  of  equity  judge,  shall  be  always  open 5i20 

Decisions,  Ac,  of  court,  enforced  by  attachment  or  execution         522 

Default,  power  of  court  in  cases  of,  defined   5i) 

Definition  of  terms  used  in  chapter  as  regards  courts,  &c 520 

Demurrer,  may  be  by  either  party ;  how  heard  and  determined  521 

Depositions  of  witnesses ;  commissioner  to  take  and  certify  535 

filed  in  office  of  prothonotary  of  county         535 

how  and  when  used  in  evidence 534 

Equity  Judge;  court  of  shall  be  always  open 52ti 

definition  of  term,  when  restricted  to         530 

exclusive  jurisdiction  of,  in  certain  cases  53l» 

interested,  other  judges  may  decide  question  521 

motions  and  arguments  to  be  heard  before        521 

precedence  on  b^nch,  established  and  regulated       6-^ 

proceedings  in  equitable  suits  regulated  by       521,52* 

rules  for  governing  practice,  to  lie  made  by  53) 

shall  preside  on  trial  of  issues  at  Halifax  527 

when  exi)edient,  may  direct  trial  of  issues  in  country  521 

Final  judgment  of  cases  on  equity  principles,  how  given         522 

Foreclosure  of  mortgage ;  certain  persona  need  not  be  made  parties  to         52J 

service  of  order  on  absent  defendant 5^ 

suit  for,  how  brought  and  conducted      5^ 

where  sale  sought  oy  subsequent  mortgagee,  &c        ?^ 

Oazette  notice,  to  absent  defendants  in  foreclosure  cases ^ 

Guardian  of  lunatics,  infants,  Ac. ;  bond  to  be  given  on  sale,  &c.,  of  real  estate  5^ 

effect  of  conveyance  made  by   5^ 

Hearing  of  cause,  on  writ,  plea,  or  answer,  after  notice  5» 

Injunction ;  application  for  writ  of,  to  be  made  by  plaintiff  ex  parte  531 

court  may  direct  issue  to  be  submitted  to  jury     531 

damages  may  be  included  in  claim  for  53) 

defendant  in  action  may  obtain  against  maintenance  of     531 

how  enforced,  in  case  of  disobedience  of  writ    531 

granted  and  upon  what  terms,  drc 531 

obtained  by  defendant,  and  effect  of       531 

proceedings  for  as  in  case  of  mandamus 530 

restraining  order  in  nature  of,  how  granted,  &c.  581 

summons  in  action  for,  and  notice  thereon  530 

writ  of,  when  grantable,  and  how  obtained    5j 

Jurisdiction  of  equity  cour^  exclusive,  defined,  &c ^S 

supreme  court,  concurrent,  not  interfered  with       ^ 

terms  used  with  reference  to,  specially  defined     g 

iCandamus ;  claim  for  writ  of,  how  made  and  when  2 

contents  and  nature  of  writ  in  action  for  2 

eoats  recaverable,  as  in  ordinaxy  action  for  damages  ^m.  ^ 


' 

\ 


GENERAL  INDEX.  659 

PAOB. 

K<|1JITY  PROC£IIUR£-Coiitlnaed. 

MandAmus ;  mode  of  proceeding  same  as  in  ordinary  actions 529 

peremptory  writ;  contents,  issue  and  return  of  629 

effect  of,  and  how  enforced      629 

in  what  cases  may  be  issued  529 

proceedings  on  disobedience  of  5S0 

supreme  court ;  jurisdiction  of  as  to,  not  to  be  affected 530 

rule  for,  how  granted  by,  &c 530 

summons,  nature  and  contents  of  writ  of       529 

Masters ;  appointment,  duties  and  powers  of 522 

extraordinary  may  be  appointed  by  judge  522 

reports  of,  must  be  submitted  to  court  for  confirmation,  Ac 522 

Mortgages  ;  suits  as  to  may  be  brought  by  mortgagor  or  mortgagee  528 

Parties ;  want  of,  no  ground  of  objection  in  certain  defined  cases  523 

Perpetuating  testimony ;  attendance  of  witnesses  for  purpose  of,  how  obtained, 

&c 634 

commissioner ;  depositions  to  be  engrossed  and  cer- 
tified by      533 

evidence  to  be  taken  before,  and  in 

what  mode         583 

special  may  be  appointed  by  court  on 

application         583 

costs  connected  with,  by  whom  payable  and  how  borne  534 
depositions,  &c.,  where  filed  and  how  used  in  suits, 

&c 534,535 

summons  for,  by  whom  issued  and  on  whom  served, 

&c 533 

Practice:  action  how  commenced,  and  cause  of,  how  to  be  stated 521 

answer  of  defendant,  to  be  under  oath  and  what  to  state        521 

co^ts,  may  be  awarded  or  withheld,  as  in  England  522 

decisions  of  court,  enforced  by  attachment  or  execution         622 

default,  in  case  of  non-appearance,  &c.,  court  may  make  order     522 

demurrer  by  either  party,  how  heard  and  determined  622 

dismissal  of  suit  for  equitable  relief,  in  what  cases  528 

fees  of  j  urors  and  witnesses  on  trials,  regulated         527 

final  decision  of  cases,  judgment,  how  pronounced  522 

foreclosure  suits,  who  need  not  be  made  parties  to    524 

hearing  on  writ,  plea  or  answer,  after  notice  given  522 

issues  in  country  and  at  Halifax,  how  tried,  Ac 527 

legal  cause  of  action,  not  to  be  in  equitable  writ,  &c 624 

representative,  procedure  where  none  exists     524 

masters ;  reference  of  matters  to,  and  report  thereon       522 

oral  examination  of  witnesses,  may  be  ordered         525 

parties,  want  of,  when  no  objection  in  certain  cases        523 

practice  of  supreme  court,  how  far  applicable,  &c 621 

receiver  may  be  appointed  when  necessary,  &c 528 

replication  where  answer  contains  new  matter,  &c 521 

securities  to  be  taken  to  prothonotary  eo  nomine 528 

trustees,  &c.,  may  apply  by  petition  for  directions,  &c.  626 

Real  estate  of  infants  and  lunatics ;  application,  for  sale  or  disposal  of,  to  be 

made  by  petition  532 

merits  of,  mquired  into  on  af- 
fidavits, &c 532 

order  thereon,  court  may  make 

with  conditions,  kc 532 

bond,  to  be  given  by  guardian  with  satis- 
factory surety        582 

conveyance ;  effect  of  when  made  under  order  533 
recitals  in,  what  shall  be  suffi- 
cient                 532 

order  for  sale,  &c.,  effect  of,  and  how  to  be 

granted  582 

^^,                                                  proceeds  of  sale;  disposal  or  investment  of, 
«'.  how  ordered         583 


660  GBNBRAL  IMDBX. 

PA6B. 

B<|lJlTir  PR0€:EI>1JRE— C^nttaiied. 

Real  estate  of  infants  and  lunatics ;  report  of  sale,  to  be  filed  with  prothonotaiy 

of  conn^       6S2 

sale  not  to  give  greater  interest  in  proceeds 

than  in  estate        533 

Beoeiver ;  court  may  aimoint  in  suit,  when  necefisary       528 

Specific  performance;  claim  may  be  made  for,  by  plaintiff  in  any  suit 528 

court  may  award  or  refuse,  according  to  principle 528 

order  execution  for  return  of  chattels  detained  528 

of  instrument  by  master  in 

certain  cases 528 

execution  may  issue  for  damages,  costs  and  interest         529 

Supreme  court ;  definition  of  term  in  certain  cases 520 

jurisdiction,  concurrent  not  interfered  with 520 

practice  of,  in  certain  caaea  how  far  applicable     521 

Tnisteee,  &c. ;  application  of  to  judge  for  direction,  advice,  &c.,  how  made 526 

enectof  acting  under  directions,  as  regards  responsibility 526 

powers  of  judge  as  respects  application,  &c      5'26 

when  not  indemnified,  the  acting  under  direction   526 

Witneeses;  attendance  of  for  examinati(>n,  how  enforced 525 

examinations  of,  at  trials  on  circuit,  how  taken,  dbc 525 

de  bene  esse  ma,y  he  taken^  &.C 526 

examiner  specially  appointed  may  take 524 

oral  examinations  of  may  be  ordered  by  j udge        525 

previously  examined  may  tef*tify  orally 526 

provisions  of  chapter  9fi  appl icable  to  equity  suits 524 

Bbbob.    Qee  Supreme  Ocfurtt  PieadingSt  4^c    461-3 

ikBboistbt.    &ee  Marriage,  i&lemnkation  of     380 

B8CAPE.    &eeJustice$,Jiiri»dictionof. 416 

BSCHEAT11VG  liAIVUS,  FORFEITED  TO  CROl^'H 583 

Attorney  general ;  inquests  of  office  to  be  filed  by 583 

Costs  of  revesting  lands ;  in  case  of  appeai-ance  and  x^lea.        584 

non-appearance 584 

taxation  and  payment  of 5^ 

Grants  of  escheated  lands  not  to  i.«8ue  within  year  from  judgment 584 

(Governor  in  council ;  proceedings  to  be  directed  by 583 

Inquests  of  ofiice  ;  attome}^  general  to  file,  v^c 583 

Governor  in  council  to  direct  filing  of        583 

notice  of,  how  given,  published,  &c 583 

several  lots  may  be  included  in  same 534 

traverses  and  trials  to  be  separate        ,'i84 

Lot ;  where  grant  includes  several,  forfeiture  of  how  incurred r»84 

Notices  of  inquests;  how  given  and  published,  &c 583 

penalty  for  not  informing  landlord  of ;)84 

procedure  in  case  of  ap|>earance  and  plea 584 

non-ap]^arance  after 584 

Penalty  on  tenant  neglecting  to  notify  landlord,  &c 584 

Plea;  nature  of,  and  to  what  confined,  (Jtc .'>S4 

proceedings  in  case  of,  and  in  default  of 584 

Re-grant  not  permitted  within  year,  except,  &c 584 

Tenant,  neglecting  to  notify  landlord  ;  penalty  upon 584 

Traverses  and  trials  to  be  separate  in  lill  cases 584 

Where  grant  includes  several  lots  ;  forfeiture  how  incurred 584 

BSTATK.    ^e  Ijfinatics,  Ouetody  and  Estates  of .     214 

toTwoorMore.    Bee  Joint  Tenancy t  ^c 566 

Undeviskd.    See  Descent  of  Real  and  Personal  Estate 374 

EsTATBs  AND  Custody  OP  Lunatics.    See  Lumitirs,  Custodu,  J^c.  206 

OP  Deceased  Persons.    See  Descent  of  Iteal  and  Personal  Ettate 371 

Probate  Court M 

WHls  of  Real  and  Personal  Estate 906 

Tail.  M 

BviBKNCB  AND  WITNESSES.    See  Witnesses  and  Evidence *  '  '  586 

BXAiDNATiOFfl.    t^  LunoticSy  Cugtody,  i^c SOM 

WilnMies  and  Elii^mce        08^3-1 


QEMBRAL  INDBX.  661 

PAGE. 

EXAMINEBS.    Se(^  Barristers  and  Attoma/$ 438-9 

PaoviwciAL.    See  Public  Instruction 164 

BxEMPTiONS.    See  Assessments,  County 113,123-6 

Highway  Labor 253-4 

Juries 426-7 

SXECUTION.  Absent  or  Absconding  Debtors 551 

Arbitration 599 

Justices,  Jurisdiction  of 417-8-9 

Probate  Court 411 

Hent,  Distress  for 586 

Supreme  Court.  Pleadings,  ^c 452,  473-5,  482,  484  to  488,  493-4-5 

OP  Wills.    See  Wills,  ^c 366 

•  Sale  of  Land  undkr     See  Lands,  Sale  of  under  Execution    579 

BxKCUTivB  AND  Legislative  Disabilities,    See  Disabilities,  etc 7 

CtoUNCiL.    See  Public  Officers     97 

W^nesses  and  Evidence...         544 

EiXECUTORS.    See  Probate  Court 397  to  410 

Public  Works,  Subscriptions  to        324 

Pent,  Distress  for        586 

WilU,  ^c 367-8,370 

JEXECITTORS,  Al>!VIIIWI8TRATOAS,  AIW1>  TRUSTEES.  554 

Action  of  debt,  on  simple  contract  maintainable  against 554 

trespass,  when  maintftinable  against 554 

may  be  maintained  by 564 

Appointment  of  new  trustee,  by  whom  made 556 

Authorized  to  invest  funds  in  provincial  debentures 564 

Costs  on  removal,  &c.,  of  trust*»es,  &c.,  how  paid,  &c 556 

Executor  neglecting,  Ac,  to  act,  not  to  be  named  in  writ,  Ac 655 

Legacy,  recoverable  by  action  at  common  law 554 

Legatee,  residuary  may  sue  co-executor 564 

Limitation  of  actions  to  be  brought  by  or  against       654 

New  trustee  ;  appointment  of  how  made,  Ac 555 

Trustee,  &c. ;  proceedings  on  petition  of  for  discharge...  555 

removal  of,  procedure  on  T)etition  for 555 

SxKCUTORs,  Administrators,  c^c.    See  Hiphway  Labor 254 

lAmitaium  of  Actions 559 

Witnesses  and  Evidence 546 

Exhibitions,  Public.     See  Public  Exhibitions 336 

Expenditure  OF  MoNBTs.    See  Highway  Labor 257 

ON  Roads.    See  Poads,  Expenditure,  etc        249 

F. 

Kal0b,  Frivolous,  &c..  Pleadings.    See  Supreme  Court,  Pleadings.  S^-c 466 

FAMILIES.    See  Poor y  Settlement,  etc 191 

of  Persons  Killed  by  Accident.    See  Accident,  Compensation,  etc.,         609 

1VLR1VIER8'    CE.1.TBN 228 

Bureau  of  agriculture;  central  board  to  be  called       228 

clubs  to  be  established  by 228 

grant  to  be  controlled  by       229 

papers  for  discussion,  prepared  by 229 

results  of  discussion  transmitted  to    229 

Qiibs;  election  of  officers  of,  when  to  take  place 228 

establishment  of,  by  bureau  of  agriculture      228 

fee  for  membership,  regulated     ^ 238 

formation  of,  how  to  be  notified  228 

inoorporated  under  such  name  afl  may  be  selected 229 

gOTemment  grant  for,  by  whom  controlled     229 

meetiiiffs  to  be  semi-annual  or  oftener       229 

pMwn  for  consideration  of,  how  prepared        229 

prues  for  essays,  may  be  offered  by  229 

{/      '-^         iMnUa  of  discussions  of ,  traoflmitted.  publubedy  &c 229 


86S  OBNERAL  INDBX. 

PAGB. 

FAHAUEA8*  CXIJBS— Conttaned. 

dubs ;  schedule  of  fonn  of  declaration 229 

statistics  to  be  prepared  and  published  by       2S8 

transactions  of,  to  oe  recorded    228 

FATHS&.    Bee  Guardians  and  Wards     386 

Reputed,    &ee  Bastard  Children,  etc,  19&-9,  200 

Pees.    GeeArbkratian 600 

BiOs  of  Sale,  Secret,  etc 376-7 

Clerk  of  Peace  101-2 

Coroners  106-7 

Costs  and  Fees  610 

Horses  and  Cattle  Stray 337 

Marriage,  Solemnization  of    880-1-2 

Prothonotary,  etc,  106 

Public  Exhmians    3S5 

Supreme  Court,  Fieadings,  etc,      483 

mtnesses  and  Evidence  547 

Various  other  Chapters. 

Female  Pbactitigners.    S^  Medicine  and  Surgery IK 

Pbvobs.    Bee  Common  Fields    240-1 

Railroads,  Provisions  respecting 272^ 

BoadSy  certain  Great,  etc 244 

Roads,  of  her  than  certain  Great 248 

FENCES,  FENCE  TIE'WERS,  ANH  I]9IPOtJN]»ING  OF  CAITIXE  156 

Appeal;  from  decision  of  justices 1^ 

judgment  of  fence  viewers  138 

Appraisement  of  daniag^es,  by  cattle,  &c.,  how  ascertained      136 

CSattle ;  damage  by,  from  whom  recoyerable,  and  how        186 

how  appraised,  and  notified        186 

impounded,  sale  of,  under  what  circumstances      137 

what  fees  payable  to  pound-keeper        187 

owner  of,  liable  for  trespasses  and  damage  by        137, 138 

Common  law  right  of  action,  not  impaired 188 

Damages ;  by  cattle,  from  whom  recoverable        136 

how  ascertained  by  appraisement *  136 

may  be  recovered  by  action,  after  notice  136 

recoverableT  if  broken  part  of  fence  lawful 1 83 

Fences  ;  height  of,  and  how  to  be  constructed    18fi 

partition,  how  to  be  erected,  &c 136 

penalty  for  neglect  after  notice  136 

sufficiency  of,  how  to  be  determined  137 

Fence  viewers  ;  api)eal  from  judgment  of  188 

duty  of ,  and  fees  payable  therefor       136 

forfeiture  for  neglect  of 136 

to  declare  what  rivers,  Ac,  la'w^ul  fences         138 

Fines,  for  rescue  and  pound-breach,  &c 188 

how  recoverable  and  appropriated       138 

Impounding  of  cAttle,  Ac. ;  in  what  cases  137 

pound-keeper*s  duty  thereon         137 

l-iands  ;  adjoining,  obligation  on  owners  of  136 

enclosed,  cattle  trespassing  on  may  be  impounded      137 

title  to  not  affected  by  certain  sections 137 

unimproved,  owner  not  liable  to  fence  137 

Pound-breach ;  fine  for  how  recovered  and  appropriated    188 

Pound-keeper  ;  duties  of  when  cattle  impounded      137 

fees  of  and  how  recovered  187 

notice  to  be  given  to  owners  of  cattle 187 

Bailings,  &c.,  on  public  grounds,  and  penalty  for  destroying         1|6 

Rivers,  creeks,  &c. ;  when  deemed  lawful  fences         IIB 

Unimproved  lands  ;  owner  not  liable  to  fence       IJflf 

Fence-viewers.    See  Fences,  Fence  Viewers,  etc Ill 

Municipalities  M 

FBRRIBS "?_ SIO 

Femes  ;  established  and  regulated  by  sessions    


GENERAL  INDEX.  66S 

PAGE. 

raRRIES—C^nttimed. 

Ferr3rinen ;  appointment  and  duty  of 270 

fees  of ,  ref(ulated  by  sessions 270 

fine  for  nejijlect  of  duty  by 270 

forfeiture  for  interference  with 270 

liable  to  action  for  damages        270 

license  to  be  granted  to  by  sessions    270 

Fkk&ibs.    See  Municipaiities    302 

Fields,  Common.    See  Common  Fields         240 

Filiation,  Order  OF.    See  Bastard  OhUdreHy  etc 109,200 

Final  Judgment.    See  Equity  Procedure 522 

Settlement.        Probate  Court 403-4 

^ixr^B,    See  FenceSy  Fence  VietperSyS^c 138 

Fire-arms  and  Firetnorks      331 

Horses  aud  Cattily  Stray 337 

Juries        433 

Libran/ AssociationSy  ^c 287 

Marrtagsy  Solemnization  of. 384 

Medicine  and  Surgery    154 

PuUic  Exhibitions 335 

Grounds,  Supervisors  of 321 

PoadSy  Preservation  of 259,260 

Seicers,  DykeSy  3^0 232-8 

Various  other  chapters. 

JFIRE-ARltlS  AIVD  F1ACWORK.8 331 

Fine  for  di<K;harge  unnecessarily  of  fire-anns 331 

making  bon  fire  within  100  yards  of  building 331 

wantonly  throwing  fireworks 331 

Imprisonment  in  case  of  non-payment  of  fine 331 

Prosecution  must  be  commenced  within  eight  days 331 

FiBK  Constables.    See  Fires  and  Firewards       32« 

f^IHRMEN.  "        *^  "  326-7 

f^iRES.    See  Municipalities        300 

4^1>  FIRE%¥ARD8. 325 

Assessment  for  fire  purposes,  how  to  be  made 326 

l)roi)erty  liable  to    327 

Buildings;  admittance  into  may  be  demanded  by  firewards 328 

fine  for  breaking  open  without  authority 325 

may  be  jmlled  down  in  certain  cases 325 

penalty  for  refusing  firewards  admittance  into 328 

Cliimney  sweepers;  api>ointed  by  firewards  and  licensed 327 

l)onds  to  be  given  by 327 

fine  for  neglect  of  duty  by 328 

Chimneys ;  mode  and  time  of  sweeping  regulated 328 

penalty  for  neglect  of  regulations 328 

Citv  of  Halifax;  origin  01  fires  in^  how  investigated 330 

Gollectors ;  appointment  and  duties  of 327 

forfeiture  on  for  neglect  of  duty 327 

moneys  to  be  })aid  to  county  treasurer     327 

Kngine  men ;  appointment  and  duties  of 327 

exempt  from  certain  public  duties        327 

to  have  power  of  firewards  in  certain  cases 327 

vacancy  in  number  of  how  supplied 327 

Fire  constables ;  appointment  and  duties  of 326 

penalty  on  for  neglect  of  duty 326 

fiyBmen;  appointment  and  duties  of     326 

exempt  from  certain  public  duties 327 

to  exercise  powers  of  firewards  in  certaincases 326 

Taeafac^  in  number  of,  how  supplied 327 

nmranls ;  appointment  and  duties  of 325 

chairman  of,  appointment  and  duties  of 329 

definition  of  word  when  used  in  chapter 330 

'4  dutlM  and  powers  of  at  fires  defined 825 

dniy  of.as  regards  supply  of  implements,  4bc 325 


664  OBVSBAL  IHDBX. 

«  PAGE. 

rUUB8  AlVH  FIRElfrARIlS— Contlnaeib 

Fiiewards ;  gunpowder  may  be  seized  by  in  certain  cases       S29 

penalty  for  disobedience  of  orders  of 325 

power  of,  to  enter  buildings  in  certain  cases 328 

remove  dangerous  materials        32B 

regulations  for  sweeping  chimneys  made  by 328 

Gtmpowder ;  firewards  may  seize  m  certain  cases 329 

limitation  as  to  quantity  to  be  kept        329 

penalty  for  extra  quantity,  how  enforced        329 

warrant  to  search  for,  and  proceedings  thereunder 329 

Implements,  for  fire  purposes,  how  provided,  &c ^26, 380 

numbenng  and  safety  of  provided  for    326 

penalty  for  destroying  or  injuring    329 

Limits  of  towns  for  purposes  of  chapter  how  defined 32S 

Penalties,  how  to  be  recovered  and  applied 390 

Public  wells,  pumps,  ft c,  penalty  for  destroying  or  injuring    829 

repairs  of,  how  to  be  provided  for    32P 

Sessions;  ix>wer8  and  duties  of  as  respects  chapter. 826, 8S<» 

reg^ations  respecting,  fires,  &c.,  to  be  made  by 929 

FiBMB,  SXTBETTBS  TO  OB  FOR.    See  Partner»hip8 605 

FiBH.    &ee  Nuisances Itf 

Mabket.    Bee  Nuisances 18? 

FiSHEBiBS.    Bee  HiverSt  Ocmvwing  of  TimbeTy  fc        884 

AND  Game.    Bee  Municipalities 2» 

Folio,  defined.    See  Statutes,  ProjfnUffotian,  etc,         ' 

FORCIBUS  EMTRY  AMU  DETAIIVIBR         ^ 

Complaint  on  oath ;  justices  may  issue  warrant  on  ^ 

may  be  summarily  tried,  &c 588 

writ  of  possession  may  issue  upon      ^ 

Damages,  may  be  assessed  by  jury    ^ 

awarded  by  court,  &c 588 

Defence;  notice  of,  to  be  filed  and  served      5® 

Jury,  may  try  cause  and  assess. damages,  by  order,  &c 588 

Notice  to  quit,  need  not  name  day  of  terruination      682 

what  sufficient,  as  respects  tenancy  582 

Overholding ;  tenant  1  iable  to  pay  treble  rent  for        588 

warrant  for,  not  to*  issue  in  certain  cases     568 

when  to  be  issued,  *c 582 

Security,  proceedings  in  case  of  default  in  giving 568 

Tenancy ;  where  terminated ,  warran t  may  issue  583 

Warrant;  any  two  justices  may  issue  on  complaint    583 

in  what  cases  maj'  not  issue;  exception  583 

FOBECLOSUBE  OP  Mobtgagk.  "^  See -E^«?V  J^w«/«ir^      622-J» 

Sale  op  Lands  undeb.    See  Lands,  Sale  of  under  Foreclosure   578 

FoBEMAN.    See  Juries 480 

MoadSy  Expenditure  of  Moneys  mi      252 

FoBPEiTED  CJOAL  Mine.    &ee  Mines  and  Minerals ^ 

Gold      •*  *'       "         "  29,87 

Lands,  Escheating  OF.    B^  Escheating,  etc 588 

FOBPEITUBE,  Pabtial.    See  Mities  and  Minerals       29 

FoBPEiTUBSS.    See  Assessme7its,  Counti/    ...        113,120,800 

GumHfwder,  Transportation,  etc 8» 

Highway  Labor        255-M 

Nuisances  18* 

Poor,  Settlefnent,  etc HJ 

Railroads,  Provisions  respecting    271-* 

Streets,  Commissioners  of      288-7-^ 

Various  other  chapters. 

FOBHS     See  Assessments,  County    127,IJJ 

Bastard  Children,  etc 200to8K 

Crown  Lands  ....^        88-%^ 

Dower,  Writ  of    8ff;,: 

Intoxu^ating  lAqu4)rSy  etc.  SStoV^    i 


GENERAL  INDEX.  666 

PAGE. 

FOBMS.    See  Juries      429,487 

JusticeSy  Jurisdiction  of 420  to  425 

Lunatics,  Custody y  etc.         218  to  221 

Marriagey  Solemnkatum  of       880-1-2 

Mines  (imd  Minerals 47,  61  to  68 

Poor,  Settlement,  etc 196 

Prob((te  Court       410  to  414 

Statutes,  Promulgation,  etc •     4 

Supreme  Court,  Pleadings,  etc,  605  to  619 

Totonships,  certain  County,  etc 185 

Various  other  chapters. 

Fraud.  Supreme  Court,  Pleadings,  etc,  466 

FJRAIID8  AND  PEIMUR1£8|  PREVENTIOM  OF        374 

ABsignmeDt  of  trust,  not  valid  unless  in  writing         876 

Ck)n€act8,  for  sale  of  goods  over  340,  what  necessary  to  validity  of 876 

which  require  to  be  in  writing,  signed  by  party  chargeable 876 

Declarations,  &c.,  of  trusts  in  lands,  &c.,  must  be  in  writing  875 

Interest  in  lands,  &c.,  assignable  only  by  deed  or  note  in  writing  876 

Leases,  estates,  &c.,  not  in  writing,  what  the  force  and  effect  of      874 

for  three  years,  not  affected  by  provisions  of  chapter    • 874 

Promise  to  be  answerable  for  debt  of  another,  when  not  invali  d      876 

Fbauds  on  Creditors  by  Secret  Bills  of  Sale.    See  BiUs  of  Sale,  etc 876 

Fbke  Grants  AND  Homesteads.    See  Croum  Lcmds 90 

Fruits,  Roots,  &c.    See  Hent,  Distress  for  '     687 

FUB-BEAR IN G  Animals.    See  Birds  ana  Animals       842 

G. 

Game  Laws.    See  Birds  and  Animals    340 

Oabnishees.  Supreme  Court,  Pleadings,  etc 488-9 

Gates.  BaUroads,  Provisions  respecting  271-2 

Boads,  other  than  certain  Great       248 

Gathering  OP  Sea  Manure.    See  Sea  Manure,  etc '     888 

Gazette  Notice.    See  Equity  Procedure      622 

Escheating  Lands,  etc 688-4 

Lands,  Partition  of 671 

Sale  of  unaer  Execution      681 

Sfines  and  Minerals 26 

Partnerships       608-6 

Probate  Court 896-8-9,401-3 

Supreme  Court,  Pleadings,  etc 451 

GS£8E:    See  Animals,  Certain  going  at  Large 837 

ChENEBAL  AND  Special  Sessions.    See  Sessions,  etc 108 

COBmBRAl.  A88£!I1BI.Y,  I>URATION  OF,  AND  REPRSSSM- 

TATIOM  IW        9 

Duration  of  9 

Not  determined  by  demise  of  Queen        9 

Number  of  members  of  House  of  Assembly    9 

Bepresentation  to  be  by  counties 9 

QsnncBAL  Issue  abolished.    See  Suoreme  Court,  Pleadings,  etc 467 

Mining  Association.    See  Mines  and  Minerals      48 

Partners.    See  PaHnersJUps 602-8-4 

Peovisions  respecting  Corporations.    See  Corporations,  etc 278 

Bulbs.    See  Supreme  Court,  Pleadings,  etc 441 

Wabbant  of  Distress.    See  Poor,  Settlement,  etc 198-6 

feJEBB  Lauds.    See  Church  of  England 141 

OB  School  Lands.    See  Sewers,  Duke,  etc 282 

-  ^tmni  AT  Labob  of  Certain  Animals.    See  Animals,  Certain  going  at  Large,,         887 

l:;-409Ul']|iaTBXiOTt.    Bae  Intoxicating  Liquors,  etc,  846 

^I'V  Mines  and  Minerals  28 

g'f.         MamB.  "  "  28  to  39 

IkMmnnkAT*  Statutes,  Promulgation,  etc,  4 


t 


666  GBNE&AL  INDBZ. 

PAGE. 

OooBB.    Bib^  Ah9mb4)r  Ah^condin^  Dthtor$    551 

StctuteSt  Promulgatwn,  etc. 3 

Hent,  Distress  for         * 585-4^7 

OOVBBNOB.    See  Statutes,  "Pramulaatum,  etc ^ 

IN  Ck)UNCiL.    See  Escheatmq  Lemds,  etc,   583 

Public  Ojicers,  etc 96-9 

Boads,  certain  Greaty  etc.  344-5 

Governor's  Private  Skcrktaby.    See  Public  Officers,  etc.  97 

Grain.    Bee  Hent,  Distress  for        585 

Grand  Jurors.    See/urtV»     426,  wju 

Jury.  Assessments,  County    110,  111,  1214 

MunicipaUties       296,300,3(^7 

Sessions,  (General,  etc. 106 

Grant  FOR  Schools.    Bee  PuUic  Instniction     176 

Grantor.    Bee  Statutes,  PromtUffotion,  etc ^ 

Grants.  OostsandFees ^ 

OrotPnLands  85 

Deeds,  4^c,,  Registry  of 3M 

Escheating  Ixmds  forfeited  to  Croum wi 

Witnesses  and  Evidence 544^ 

Free  AND  Homestead.    Bee  Crotpn  Lands ^ 

Great  Roads,  Laying  out,  &c.,  op  Certain.    See  Roads,  Certain,  etc 3i2 

.  OF  EoADs  other  THAN,  &c.    See  Roads,  other,  etc 3i8 

Grounds,  Public,  Supervisors  of.    Bee  Public  Grounds,  etc 319 

Guardians.    Bee  Equity  Procedure 53M 

Lands,  Partition  of      5^ 

Lunatics,  Custody,  8rc.,  of ^^^Im 

Masters.  Apprentices,  etc.  3w 

Probate  Court       ^^ 

CSUARDIAIVS  AND  "WASLUH     ^ 

Appointment  of  guardian  by  father,  how  made    ^ 

judge  of  probate,  how  made         386 

Apprenticeships,  legally  entered  into,  not  to  be  affected    387 

Bonds  to  be  given  by  guardians ;  conditions  of,  &c 387 

Father  of  unmarried  minor,  may  appoint  guardians  386 

Judge  of  probate  may  appoint,  on  neglect  of  father    386 

Letters  of  guardianship ;  how  applied  for,  and  when  granted  387 

Minor,  over  14  years  01  age,  may  appoint  his  guardian 387 

Power  and  duties  of  guardians,  defined,  &c.  387 

Guardianship,  Letters  of.    See  Probate  Court "^ 

C^UIDS  BOARDS;  arms  corresponding  with  roads,  attached  to 339 

erection  and  maintenance  of,  provided  for  ^ 

names  and  distances  to  be  marked  on  3® 

penalty  for  neglect  to  erect  and  maintain  3^ 

surveyors  of  highways,  Ac.,  duty  of  respecting  ^ 

what  fund  liable  for  erection  of,  Ac 3^ 

Gunpowder.    Bee  Fires  and  Fire^cards         3» 

eUNP01¥DER|  TRAN8P0RTATI01V  AMD  USE  OF         ^I 

Blasting  rocks;  line  for  neglect  of  precautions  in ^ 

person  concerned  in  liable  for  damages  ^ 

precautions  to  be  used  in  -^ 

Cart  with  gunpowder  not  to  stop  within  20  yards  of  house      ^ 

CJonveyance  of  powder  by  land  regulated,  &c ^ 

Forfeitures  for  offences  against  chapter  ^ 

Metallic  substances  not  to  be  placed  on  carriage  with  powder         ^ 

Packages  containing  powder,  regulations  concerning g! 

Protection  where  more  than  60  lbs.  in  one  cart     ^ 

Quantity  over  26  lbs.  how  to  be  secured         2 

60  lbs.    "        "  "        g 

to  be  placed  in  one  cart  limited      2 

vvhen  for  Her  Majesty's  service,  chapter  not  to  apply        ?! 

Gutsborouoh.    Be>eJurUs      ri-.r  ^jl 


OBNBBAT.  IMDBX. 


667 


H. 

Habeas  Corpus.    Seo  La>erty  of  Subject 

Halifax  City,    ^e^  Assessments  County 

Boards  of  Health  

Commons 

Horses  and  Cattle^  Stray 

Intoxicating  Liquors,  ^c 

Joint  Stock  Companies 

Limitation  of  Actions 

Municipalittes 

Poor,  Settlements  ^c 

Public  Exhibitions ,' 

Grounds i  Supervisors  of,* 

Instruction 

Streets  Commissioners  of      

Townships,  Certain  County,  ^c.  ... 

Halifax  County.    ^^  Juries 

Sessions,  General,  S^c 

Townships,  Certain  County,  ^c. 
Halifax  Grammar  School.    See  Public  Instruction.., 

Hand-writing.    See  Witnesses  and  Evidence        

Harks.    See  Birds  and  Ajiimals       

Hay.  Boads,  Presentation  of       

Scales.    See  Assessments,  County 

Hbalth,  Boards  op.    See  Nuisances 


PA6B. 

.,556-7-8 

128 
...  157-8 

289 
887 

862 
282 

566 
806 

196 
835 

828 

186  to  189 

...      266-9 

188 

427-9, 482 
...  108-9 

182 
188 

546 
841 

260 

HI 

159,  162 


AND  Infectious  Diseases.    See  Boards  of  Health,  ^c 157 


^ '  •« 


Court  of.    See  Nuisances. 

Inspectors.     •*     

Wardens.  Boards  of  Health,  ^c 

Hubiho  OF  Cause.  Equity,  Procedure 

Supreme  Court,  Pleadings  

Hum.    See  Descent  of  Beal  and  Personal  Estate 

__  Lands,  Partition  of       

tt6Hlf¥AY  I.ABOR      

Absentee  from  district,  to  pay  on  return  to  

Assessment ;  additional  labor,  in  proportion  to  scale  of 

Breaking  roads,  in  winter ;  provisions  respecting 

Bridge,  broken  down,  &c.,  repairs  provided  for  

Qerk  of  peace ;  annual  returns  to  be  made  to,  &c.  

blank  forms  of  returns  forwarded  to 

delinquent  surveyors  to  be  prosecuted  by 

Commissioners ;  annual  returns,  of  labor  to  be  made  by 

form  of  return  as  in  schedule      

notices  to  labor,  when  to  be  given  by 

Oommutation  ;   fixed  at  fifty  cents  per  day  

forfeiture  for  not  tendering 

within  what  time  to  be  paid       

Day,  working ;  to  consist  of  eight  hours       

Diitiicts,  as  now  established  for  labor  confirmed 

limits  may  be  altered,  or  new  erected,  by  sessions 
bacnt^MTS,  trustees,  &c.  ;  property  in  hands  of,  how  far  exempt 
Ki0Uiy lion ;  of  certain  persons,  up  to  one  thousand  dollars 

males  over  60  years  up  to  81000 

property  in  hands  of  executors,  &c.,  up  to  81000 
.  Jbpisditnre  of  moneys  : 

*    AfleoimtB  of,  whereby  days  work,  to  be  attested  to  

:   Bv  tuider  aad  oontnict,  or  by  public  auction  

;   Ann  di^  notice  in  writing,  to  be  posted  

""    ""        ;  by  minors,  recoverable  rrom  parents,  &c 

lor  eftuaing  loss  of  statute  labor        

neglect  to  labor  in  removing  obstructions 

winter  


159 
159,160 

157 
522,  531 
477-8-9 

871 
....676-7 

253 
254 

263 
256 

255 
256 

258 
258 

256 
258 

254 
255 

255 
255 

254 
253 

258 
254 

254 
258 

254 


257 
257 
257 
257 
257 
255 
256 


668  OBNBRAL  INDSX. 

PAOB. 
HldirvrAY  I<ABOB--eontlnued« 

Forfeitures ;  how  lecoyered  and  applied,  Ac 257 

Highways;  obstructions  to  how  removed,  &c 2S5 

time  within  which  labor  to  be  performed  SM 

Inspectors  general;  appointment  of  by  sessions SSI 

duties  of  defined,  and  salary  fixed  958 

Labor;  may  be  required  to  be  done  within  eight  days      S55 

notice  of  time  and  place  of  performing,  how  given     SM 

time  for  performance  of,  regulated  25i 

Lists,  of  persons  liable  to  perform,  &c.,  how  made  out  256 

Males  ;  between  16  and  60,  liable  to  two  4ays  labor  as  poll  tax      253 

scale  of  additional  work,  according  to  assessment       25S 

over  60,  liable  in  respect  of  excess  over  S1,CH)0      258 

Moneys,  expenditure  of,  regulated,  &c.        • 287 

Penalty,  on  commissioner  or  surveyor  for  neglect 287 

when  recovered,  how  to  be  applied 257 

Residents,  on  islands,  where  to  i)erform  labor      256 

out  of  district,  "  *'  2S5 

Returns,  of  surveyors  and  commissioners,  how  made        251 

provincial  secretary  to  f urn ish  blank  forms,  &c.  ^ 

Scale,  of  labor  in  addition  to  poll  tax    261 

Schedule,  of  forms  of  returns  256 

Sessions  ;  may  appoint  general  inspectors,  &c 256 

direct  lists  to  be  made  out,  &c.  2M 

grant  permission  to  labor  specially  296 

Surveyor  ;  may  alter  road  by  consent  of  justices        2fi6 

require  whole  labor  to  be  done  in  eight  days  264 

teams,  &c.  to  be  sent  ^ 

shall  cause  persons  to  be  summoned  for  labor 254 

make  returns  annually  to  clerk  of  peace 256 

retain  allowance  for  his  daily  attendance ^ 

Teams  sent  when  required,  allowance  for  Iftbor  of 254 

Winter ;  breaking  roads  in,  provisions  respecting       256 

forfeiturefornon-cou^pliance  with  order 256 

limitation  as  to  number  of  days  work ^ 

Highway,  Role  OP.    See  Bonds,  Pf-eservation  of    260 

II1»H1>¥ AYS,  COASTING  0!V 338 

Ai)prentices,  masters  of  answerable  for  penalty  for   ...  ^ 

Minors,  parents  of,  answerttble  for  j)enalty  for ^ 

Penalties  for  may  be  imposed  by  sessions ^ 

Regulations  for  preventing,  sessions  may  make....         S3o 
Highways,  Surveyors  of.  Sw^reyort  of  Highways  and  Highway  Labor.  25-My-7 

Holidays.    Se»  St^tUes,  Promulgatiorty  ifc.         J[ 

Homesteads  AND  Free  Grants.    See  (7;wrw  Zrr7M& w 

Horses.    Se/e  AnimaU,  Cei'iarn  going  at  Large 55 

HOIWES  A1VI>  CAXTIJg,  STRAY. ^ 

Application  of  proceeds  of  sale  of,  to  use  of  poor 3ot5 

Description  of,  with   marks,  Ac.,  to  be  sent  to  town 

clerk 8* 

Disputes  as  to  exi)enses  or  ownership,  how  settletl.      S^" 
Fees  payable  by  owner,  when  property  claimed  befoFB 

sale ^ 

Fine  for  not  proceeding  according  to  chapter,  after 

detention JJ 

Notice  to  be  given  by  finder  to  town  clerk,  Ac    JJ 

Proceedings  when  found  and  detained Jj 

where  no  claimant  appears JJ 

Sale  of  authorized  within  what  period 2 

notice  of,  how  long  to  be  posted. —  W 

Section  9,  not  to  apply  to  the  City  of  Halifax...^        J2  . 
Sessions;  bve-laws  and  regulations  may  be  msde  by^ te 2  -^ 

Penalties  for  breach  of,  affixed iV'j 

Town  clerk ;  duties  of,  and  fees  payable  to...        •-.«•  W  '.\ 


OBN^BRAL  UTDWi.  669 

PAOB. 

IOR8ES  nVFECTED. 8S7 

Regulations  concerning,  ^oing  at  large 8S7 

Sessions  may  affix  penalties  for 887 

Where  no  property,  defendant  imprifloned    S8S 

Hospital  FOB  Insaite^    See  LunaticB,  ^c       210-1-6-7-8 

:oi78E  OF  Assembly.  Ulections,  Controverted...         18 

General  Assembly y  Duration^  ^c 9 

[VIBAHD.    See  Married  Womerij  Protection  of .    885-6 

W^nesses  and  Evidence 846 

I. 

CE,  ROAI>8  OTER        888 

Course  of,  defined  by  bushes,  marks,  &c 38S 

Expense  of  marks,  Ac,  to  be  a  county  charge   339 

Regulations,  made  by  sessions  concerning  888 

penalty  for  breach  of,  how  applied  338 

LLKOAL  Imprisonment.    See  Liberty  of  Sii^ect       658 

Sale.    See  Intoau-atiriy  LiquorSf  etc 345 

H1IIIGRAMT8  385 

Agent,  apjx)intment  and  duties  of,  Ac.  366 

authority  of,  to  draw  moneys  from  treasury  366 

books  of  entry  to  be  opened  and  kept  by  366 

correspondence  to  be  conducted  by  355 

crown  lands  to  be  placed  at  disposal  of  366 

guardian  of  immigrant  orphan  children    355 

instructions  to  be  issued  to  from  Governor  in  Council 355 

license  of  occupation  issued  and  recorded  by  356,  357 

plans  of  crown  lands  to  be  furnished  to  356 

quarterly  accounts  to  be  kept  and  rendered  by       ^^ 355 

report  of  proceedings  to  be  made  annually  by 355 

returns  of  licenses  to  be  made  by  annually  857 

salary  of  fixed  at  eight  hundred  dollars  356 

Bond,  for  parchase-money,  how  to  be  given  by    866 

Ganaclian  legislation  not  contravened  357 

Crown  liJids ;  applications  for  received  and  referred  366 

commissioner  to  lay  off  in  lots  for  settlers  >        366 

grant  of,  when  to  be  issued  to         366 

plans  of,  to  be  furnished  to  agent  366 

purchase  money  to  be  expended  on  roads     356 

surveys  of  to  be  made,  and  credit  allowed  356 

license  of  occupation  ;  agent  to  execute  and  deliver  to  immigrant 356 

bond  to  be  executed  before  delivery  of  356 

forfeiture  of,  and  mode  of  proceeding  in  case  of       367 

issued  and  delivered  before  possession  taken     366 

lines  of  lot  to  be  run  out,  blazed  and  cornered  366 

not  transferable  or  extendable  under  execution 367 

registry  of  by  agent  provided  for 367 

returns  of  to  be  made  annually  to  commissioner 357 

Pmchaae  money ;  how  secured  by  bond,  &c 366 

proceedings  on  failure  to  pay         367 

time  allowed  for  payment  of    356 

to  be  expended  in  opening  roads    366 

Sae  Supreme  Court t  Pleadings^  etc.         468 

AxTOBXBT  OB  Babhister.    See  Barristers y  etc 439 

OF  Cattle,  Pbmcbs,  Ac.         Fences,  Fence  Vietaers,  etc 1 36 

Bed  JRaikvadSy  ProvisionSy  etc 272 

LandSy  Partition  of        574 

tfAOn  ow  TtLVBTEM,    See  Trusts  and  Trustee    590 

fiXATSMSiiTt.  Witnesses  and  JEvidence     647 

BvuKM  FOB  Opfiobbs.    See  Officers,  0t€ 284 

9m  Mmtm%  Apprentices,  etc 388 


670  GBNBKAL  IHDEX. 


IvpBXBS.    Qee  Deeds,  ^c.y  BMittry  of     

IvDiAWS.  Intaxtcating  lAguars,  etc 

IirDiOTMSiiTt.    See  Sessions,  General,  etc 

Ikfavt  Tbustsb.    ^ibb  Trusts  and  Truetees 

IvFBCTED  Cattlb  akd  H0B8B8.    See  Am'mais,  Oertam,  etc 

IvFBOTious  DisEABBs.    See  Boords  of  Health 

Imjunotion.    See  Equity,  Procedure I 

IvQUBSTS  OF  Office.    Siee  Escheating  Lands,  ^c.        I 

Ibquibt,  Wbit  of.  Supreme  Court,  Pleading 

Ikquibition.    See  Coroners 

Ihsahb  Paupbb.    See  Lunatics,  Custody,  ^c 212 

Poor,  Sktlemeni,  i^c 

Pbbsobs.         LimHation  €^  Actions 

Lunatics,  Custody        

Ihsanitt.  **  **       

Iksoltenct.  Joint  Stock  Companies 9 

Probate  Court       4 

Ihspection  OF  Documents.     See  Supreme  Court,  Pleadings      

Feopebtt.  "  u  u  

IxBPBCTOB  OF  Mikes.    See  Mines  and  Minerals 2 

Mines,  Kegulation  of 67-9,7 

Imspbctobs,  Genebal.    Seie  Highway  Labor 

School.  PMic  Instruction 163, 18M 

Institutes  and  Associations,  Libeabt.    See  Library,  ^c, 

Instruction  Public.    See  Public  Instruction       

Insurance.    See  Corporations,  General  Provisions       

Ihtbmpebatb  Pbbsons.    See  Inio.ricating  Liquors,  ^c 

Intbbbst.    See  Supreme  Court,  Pleadings     * 

Illegal.    See  JUmitation  of  Actions 

Intbbbsts  IN  Lands.    See  Frauds  and  Perjuries Z 

Lands,  Sale  of  under  Execution 5! 

Inteblineation.    See  WiUs  of  Real  and  Personal  Estate 

Intbbplb ader.  Supreme  Court,  Pletidings,  ^c 51.C 

Intebbooatories.  Witnesses  and  Evideiwe. 5; 

Intestate.    See  Descent  of  Heal,  fc,  Estate         371 

Intoxicating  Liquors.     See  Elections,  Corrupt  Practices  at      

Jails  and  County  Buildings     

INTOXICATING  E.IQUOiU4 ;   I^ICENSES  FOR  THE  HAJLR  OF 

Actions  on  appeal  bond;  when  to  be  brought 

for  offences  ajjfainst  chai)ter,  when  to  be  brought     

Agent  for  sale  of  liquors,  how  appointed,  compensation  of,  ic 

lists  to  be  kept  by,  and  return  made        

member  of  temperance  organization  

not  to  be  interested  in  pronts    

official  designation  and  title  of        

penalties  for  violation  of  duty  by  

prosecution  by  in  certain  cases         

tenure  and  term  of  office  of       

Appeal  bond,  how  to  be  given,  and  form  of,  Ac  i^ 

Appeals  granted  as  in  summary  trials     

Bond,  form  of,  and  with  whom  to  be  filed    345, 

registry  of  by  clerk  of  peace  provided  for 

to  DC  entered  into,  before  license  received         

Certiorari,  bond  for,  how  to  be  given       

form  of  bond  on  issue  of  writ  of 

Charge  for  liquors  not  recoverable  if  under  one  gallon        

Child,  sale  of  liquor  by,  considered  act  of  parent         

Clerks  of  license ;  accounts  of,  how  and  when  rendered     

appointment  of,  how  made  

bonds  to  be  given  by,  and  how 

duties  of  defined  and  specified         •••...  M 

licenses  to  be  registered  by       

may  destroy  liquors  in  certain  cases 

entAT  piemiaes  of  suspected  parfy  


•••••• 


•••••• 


oEifERAL  mmix.  671 

PAGB* 

INTOXICATING  lil^UORS,  &;c.— Contlnaed. 

Clerks  of  license;  prosecutions  by,  compellable  in  certain  cases S48 

remuneration  of,  fixed  by  sessional  845 

sworn  into  office  before  whom         844 

vacancy  in  office  of,  how  supplied  844 

Clerk  of  peace ;  licenses  to  be  registered  by 846 

remuneration  to  flxef^  by  sessions 345 

Coroner  prohibited  from  holding  license        846 

Costs  of  prosecution,  how  borne  in  certain  cases 849 

Definition  of  term  **  original  package  "  844 

Defence  to  suit,  what  may  be  set  up  as 860 

Defendant,  when  entitled  to  continuance       860 

Duty  on,  how  fixed  and  when  payable     845 

to  whom  to  be  paid  over,  Ac.  847 

Forms,  schedules  containing      862  to  365 

Oold  district,  licenses  not  U^  be  granted  in    845 

liquors  found  in  may  be  seized,  Ac 846 

Halifax  City ;  chapter  applicable  only  in  certain  cases  862 

Illegal  sale,  penalties  to  be  cumulative  for  345 

Indian,  sale  to  prohibited,  and  penalty  for    849 

intemperate  persons,  penalty  for  giving  or  selling  liquor  to.. 860 

sale  to  unlawful  after  notice       860 

Jail  limits,  not  allowed  to  party  imprisoned         861 

Justice,  may  continue  cause  in  certain  cases 849 

not  to  hold  shop  or  tavern  license  846 

penalty  on,  for  purchasing  in  certain  cases     849 

selling  in  violation  of  chapter       862 

License ;  form  of  shop  and  tavern     362,858 

free,  granted  under  what  circumstances 345 

granted  only  on  recommendation,  petition,  &c.  844 

not  granted  in  gold  district  or  railway  limits      852 

held  by  coroner  or  justice  of  peace  846 

registry  of,  to  contain  what  particulars 846 

sessions  may  refuse  in  certain  cases » 844 

shop  and  tavern  only  to  be  granted        845 

restrictions  as  to  quantity  to  be  sold,  &c.  846 

tavern,  regulations  to  be  observed  by  holder  of    846 

liail  carrier,  not  to  carry  in  vehicle  with  mails  349 

penalty  on  for  violating  provision    349 

Married  women,  liable  for  breach  of  chapter 847 

Minors,  sale  to  prohibited  under  penalty 349 

New  trial ;  court  may  impose  terms  on  granting         848 

Original  package  ;  meaning  of  words  defined       844 

PjurticiUars,  ne^  not  be  attached  to  writ       860 

Penalty ;  for  bribing  or  intimidating  witness       849 

exposing  goods  for  sale  in  tavern  847 

^mbling  or  raffiing  in  tavern  ..847 

illegal  sale  of  liquors,  cumulative 347 

keeping  disorderly  tavern,  &c.  846 

tavern  without  sign,  &c.  846 

non-attendance  of  witness  under  subpoena     348 

obstructing  clerk  of  license,  &c 844 

receiving  goods,  &c.,  from  servants,  &c 847 

'^'  sale  by  justice  of  the  peace 862 

.'=■  wife,  child  or  servant,  &c.  347,349 

f,y  on  Sundays,  except  to  lodgers 346 

to  intemperate  persons  after  notice 350 

minors  or  Indians    349 

Bign,  where  no  license  granted 346 

want  of  accommodation  for  travellers 846 

on  agent  for  sale,  or  neglect  of  duty 851 

JiMKfcioe  for  purchasing  liquor  in  certain  cases    843 

nuUl  otrrier,  for  conveying  with  mails. 849 

-  auHOried  women,  ^.t  in  certain  cases ^Aa 


67S  OBNBRAL  IHBKZ. 

PAOI. 
IBTTOXICATIIVG  U€|UOMS»  Jtc*— Contfaaefk 

Penalty ;  recovery  of ,  and  forma  to  be  lued   M7 

to  whom  to  be  paid,  and  how  disposed  of 346 

Prosecutions ;  limitation  as  to  commencement  of        351 

Prosecutor,  in  what  cases  indemnified 849 

Bailway  limits ;  licenses  not  to  be  granted  in 352 

liquors  may  be  seued  and  destroyed        351 

Beoeivinggoodsfromservants,  &c.,  or  inpawn...        347 

BegistZT  ofbonds  and  licenses  regulated 346 

Schedule  of  forms  to  be  used 352to355 

Shop  license ;  reetrictions  as  to  quantity  sold  imder,  &c.    316 

Summons ;  amendment  of  provided  for 848 

particulars  not  required  to  be  attached 350 

proof  of  sale  to  persons  not  named  in 860 

service  of,  what  sufficient      851 

statements  in,  what  unnecessary 850 

Tavern  ;  penalty  for  not  having  sign  placed  on    846 

regulations  for  conducting,  «c 816 

Variance  between  proof  and  summons,  not  fatal 849 

Witness  entitled  to  fees  for  attendance,  &c 849 

penalty  for  interfering  with,  &c 8^ 

non-attendance  of 848 

lirvEiTTORT.    See  Probate  Court        897 

ItsuB.    See  StatiUeSy  Promulgation,  ^c 8 

WaU  of  Real  and  PtrBonal  Estate 869 

LBorriMATE.    See  Marriages,  Solemnization  of, 878 

OF  Fact.    See  Supreme  Courts  Pfeadtngt,  4^c 4r 


in 


J. 

Jail.    See  Statutes^  Promul^atioTt,  ^c 3 

Limits.    See  In/ojicattm  Liquors 351 

Jails  and  County  Buildings 130 

Jailer.    See  Costs  arid  Fees 622 

Jails  and  County  Buildings        130-1 

aAIIil  AXD  OTiUBR  COC.^TY  BVII^DIMGS  ISO 

Jail  limits,  &c.,  to  be  fixed  by  supreme  court        130 

Jailer  ;  direction  and  control  of  conduct  of 180 

not  to  furnish  spirituous  liquors,  Ac 130 

penalty  for  furnishing  liquors  130 

prosecution  to  be  in  name  of  clerk  of  license        130 

salary  and  fees  of  regulated  by  sessions  131 

to  i>ost  copy  of  jail  regulations 131 

erection  and  repairing  of  providetl  for  130 

Limits  of  jail  yards  to  beflxed  by  supreme  court 130 

Lock-up  houses  ;  keepers  of  to  be  appointed  by  sessions  131 

l>ers«  )n8  arrested  under  warrant,  confined  in  131 

Orders  concern  ing,  made  by  sessions  in  certain  cases 131 

to  be  sent  to  supreme  court  for  approval  131 

when  in  force,  to  be  posted  in  jail 131 

Penalties  on  jailer,  for  fumiphing  spirituous  liquors  130 

on  second  conviction,  dismissal    130 

prosecution  to  be  by  clerk  of  License 130 

Physician  may  prescribe  liquors  for  sick  prisoners      130 

Se:*8ionM  may  regulate  jailers  salary,  fees,  Ac 131 

Spirituous  liquors,  forbidden  within  jail  limits  .-.        139 

where  house  within  limits,  exception 139 

Supreme  court,  power  of  as  to  orders  of  sessions       1^ 

Joinder.    See  Supreme  Court,  Pleadings,  ^c 46&-9, 474f5J 

Joint  CoNTBACTOHS.    See  Limitatum'!o/ Actions  W 

Debtors.  Supreme  Court,  Pleadings 3<W 

Stock  CoicPAia^B.    ^  AMSttmente,  Omnfy         Itf^ 


OBNBRAL  INOBX.  678 

PAGE. 

jroimr  stocr  coivipaiviss.      279 

Agreement  to  be  signed  by  shareholders,  form  of        288 

Books  of  company ;  stockholders'  names  to  be  entered  in 281 

Bye-laws,  how  certified,  transmitted,  and  filed 281 

Declaration,  on  formatitm  of,  what  to  contain      .279,  282 

signatured  to,  how  authenticated 279 

in  duplicate,  necessary 279 

where  to  be  filed.  &c    279 

Directors,  liable,  if  dividend  paid  out  of  capital 28(1 

may  declare  capital  insufiicient 280 

objecting  to  |>ayment,  exempt  in  certain  cases    280 

Dominion  of  Canada ;  legislation  of  not  to  be  contravened        282 

Gas  or  water  comjianies  not  to  be  formed  in  Halifax 282 

Incor|>orated  on  making,  signing,  and  filing  declaration 279 

Insolvency  ;  court  may  appoint  receiver  in  case  of  282 

directors  liable,  if  dividend  declared,  in  case  of 280 

Liability  of  shareholders,  after  transfer  of  interest  280 

Meeting  for  increasing  capital. 

bye-law  may  be  passed  by  directors  at,  &c.  280 

con  ten  t8  of  declaration  to  be  signed  by  shareholders    281 

declaration  to  be  signed  in  duplicate  and  filed       281 

half  stock  must  be  subscribed  before  declaration  filed 281 

proceedings  at ;  stockholders  to  pass  resolution,  (be.  280 

Receiver  appointed  by  supreme  court,  his  duties 282 

Registry  of  deeds ;  bye-laws  and  transfers  to  be  filed  in  ..v 281 

certificate  of  paid  up  capital  filed  in 279 

declaration  must  be  filed  m 279 

Reatriction  as  to  companies  to  be  formed  under  chapter         279 

Stock,  new ;  declaration  as  to,  how  made,  signed,  4c 281 

half  must  be  subscribed,  before  declaration  filed 281 

how  subscribed  for,  and  taken  up    281 

proceedings  at  meeting  for        280 

twenty-fiveper  cent  must  be  paid  up 281 

When  to  go  into  operation  under  chapter      282 

Winding  up  affairs  of,  proceedings  relative  to 282 

aOUVT  TENANCY  AND  TENANCY  IN  COKOION   8^6 

Estate  to  two  or  more,  held  tenancy  in  common,  Ac.   865 

Exception  when  estate  vested  in  trustees  or  executors        8^ 

Operation  of  chapter  to  be  letrospective        386 

JofTRKAL  OF  Agricultubk.    Scc  AgncuUureyEncouragemmt  of 222 

JlJDOBk    &ee  Arbitration,  695,  sqq 

Juries  481-6 

JugticeSt  ProUction  of  606 

Married  Womm,  lyvtection  of   384 

Supreme  Court  and  its  Oficeri  891 

nitnesses  and  Evidence 648 

ofPbobatb.    ^&eQ  Costs  and  Fees 618 

Guardians  and  Wards 886 

Probate  CouH        896.407-9,410 

.    See  Absent  or  Abscondiyig  Debtors  551-3 

Deeds,  ic.  Registry  of 361-2-3 

Justices,  Jurisdiction  of        418-9 

Lands,  Partition  of        674  to  677 

Lands,  Sale  of  under  Erecution  679 

Limitation  of  Actions 562 

Municipalities        307 

Sugreme  CouH,  Headings  4S6,  462^  470-1-8-6,  480-1-8-8 

^^nesses  and  Evidence         6il 

btDbfault.    See  Supreme  Court,  Pleadings     454-6,  •168 

or  CA8S  OF  Death,  &c.       "  "  44H>-l-2 

BnBCTMXNT  *'  "  492-5-6 

Oommr.    Si6»  Supreme  Court  and  Us  C^gicen      894 

CouBTS.    SeeMunicipakties 808-9,310-1 

42 


674  GSNBRAL  BTDEX. 

PAGX. 

JURIES  495 

Amendment  of  jury  lists  provided  for  „ 43& 

Canadian  le^slation,  not  to  be  contravened         idS 

Challenffe  without  cause  allowed,  and  to  what  extent 43& 

Ckork  of  peace  ;  duties  of  prothonotar}'  when  performed  by  ^.„  496 

lists  to  be  received  and  posted  by,  &c.  428 

Committee  ;  appointed  by  sessions  to  prepare  and  revise  lists        427 

chosen  biennially,  but  to  hold  office  until,  &c 429 

duty  of,  to  prepare,  revise  and  transmit  lists 427 

Halifax  county  ;  additional  for  special  j urors    427 

listsvalid,  if  majority  of  act  in  making,  &c ^ 427 

remuneration  to,  for  revision  of  list,  <Stc 42S 

penalty  on  for  n^lect  of  duty,  Ac 428- 

when  special  sessions  may  appoint         42^ 

Counties  or  sessional  districts  ;  how  to  be  divided  427 

County  treasurer  }  fees,  lines,  Ac.  to  be  paid  over  to  by  prothonotarv    4S4 

receipts  and  payments  to  be  laid  before  sessions  by         494 

Exemptions,from  serving  on,  list  of 436 

jurors  only  liable  to  serve  once  in  three  years 427 

Pine  for  non-attendance  ;  how  levied,  paid  over,  &c 4S$ 

Food  and  comforts ;  juries  not  to  be  deprived  of „ 434 

Form  of  return  of  revising  magistrates 429,437 

Grand  jurors  ;  committee  to  revise  lists  of,  appointment,  Ac 427 

duties  of        427 

exemptions  from  serving  as,  &c.  42^ 

fine,  for  non-attendance  of  433 

relief  from  how  obtained  434 

foreman  of,  how  chosen  and  sworn , 430 

how  drawn  and  summoned,  &c.  42^ 

for  sessions  duties,  &c 486 

lists  of,  to  contain  names,  additions,  Ac,  427 

separate  to  be  returned  to  sesMons 43$ 

what  considered  a  full  re viMd  of  42S 

names  of,  to  be  placed  in  separate  boxes    429,43fr 

oath,  form  of,  in  sessions        435 

qualification  of ,  defined   436 

proceedings  where  sufficient  number  do  not  attend         43$ 

two-thirds  may  make  pi esentments,  Ac ,. 431 

Guysborough  sessions ;  grand  jury  for,  how  drawn,  Ac.  430 

Halifax  ;  extra  panel  of  petit  jurors,  may  be  drawn  for     432 

panel  for  criminal  trials  at,  how  drawn,  &c 482 

panels  for  sittings  at,  how  drawn  and  summoned  43- 

what  numlier  to  consist  of        432 

second  panel  for  sittings,  how  drawn,  summoned,  Ac 432 

special  jurors,  list  of  to  be  prepared  and  revised        427 

list  for  sessions  at,  now  prepared  429 

Illness  of  juror  J  after  sworn,  proceedings  in  case  of 436 

Impannelled,  when  not  to  discharged 433 

Judge ;  in  case  of  illness  or  absence  of,  Ac^  jury  how  drawn 431 

or  court  may  amend  lists  of  jurors,  Ac 435 

Jurors  ;  designations  of,  to  be  written  with  their  namee  429 

Justices  ;  associated  with  i)rothonotary,  grand  jury  drawn  by        429 

petit     "        *'  430 

slips  may  be  examined  by...„         431 

committee  of,  to  prepare  and  revise  lists,  Ac.  42* 

full  revision  of  lists  by,  what  considered  426 

lists  to  be  valid  if  majority  act  in  revision 427 

remuneration  to,  for  services  in  revising  416 

penalty  on  for  neglect  or  misconduct 416 

when  special  sessions  may  appoint         ., ||6 

Lists  ;  alphabetical  copies  of ,  where  to  be  posted,  &c •      '  4g! 

corrected  copy,  furnished  to  prothoDotary  .,.  4M 

prothonotary's  duty  respecting  ' ^        Hi 

eourt  or  judge  may  amend ^       ,^,«  lH 


GENERAL  INDEX.  675 

PAGE. 

JURIES— Continued. 

Lists ;  fox  Halifax  sesj^ions,  how  prepared.  &c.  •  •  •  •         •  •  •  •         •  •  •  •  429 

form  of  revised  prescribed  ....         ....         •.*•         429,487 

names,  additionn,  &c.  to  be  stated  in   ... .         . .  • .         •  •  •  •         •  •  •  •  427 

to  be  added  to  and  struck  from         ....         .  •  •  •         -  •  •  •         •  •  •  •  428 

of  actual  attendance,  travel,  &c.,  bow  made  out,  &c.     •  •  •  •         •  •  •  •  434 

penalty  for  improperly  inserting  names,  &c.  •  •  •  •  •  •  •         •  •  •  •  428 

when  drawing  omitted  for  any  cause,  procee<ling8  ...         •  •  •  •  428 

Number,  in  civil  cases,  and  who  may  return  verdict,  &c.     .-••         •---         ••••  484 

criminal  cases  not  reduced  ....         . . .  •         ....         484 

Oath  of  grand  jurors  in  se^^ions  ;  form  of  ....         .  • .  •         •  •  •  •         •  •  •  -  486' 

Panel ;  called  on  first  day,  absent  jurors  fined  .  • .  •         •  •  •  •         •  •  •  •  488 

certain  counties  to  have  two  drawn,  &c ....         .•••         ••••  482 

of  what  number  of  jurors  to  consist,  &c •  • . •         • .  ••  482 

second  when  not  called,  name  to  be  returned        .  • .  •         • .  •  •         >  •  •  •  488 
Payment  of  jurors ;  accounts  of  ke{>t  by  county  treasurer ••••         ••*•         ••••  484 

fees  towards  providing  a  fund  for ...         .  •  •  •         *  •  •  •  484 

petit  and  special,  travel,  &c.,  regulated. .         •  •  •  >         •  -  •  •  484 
to  be  made  by  treasurer  out  of  county  funds.  . . .  484 

Petit  jurors ;  contents  of  list,  of  what  to  consist ....         • .  •  427 

fine  for  non-attendance,  how  levied,  &c    . . .         483 

how  drawn  and  called  on  trials ....         -•••         ....  485 

summoned  to  attend      • . .  •         ....         • .  •  •  480 

not  to  be  deprived  of  meat,  drink,  &c 484 

number  of  in  civil  and  criminal  trials    • . .  •         >  *  •  •         •  •  •  •  484 

payment  for  attendance  and  travel ....         . . .  •  484 

quAliflcation  of  defined  ....  426 

second  panel  not  called,  names  returned ...-         ••••  488 

sufficient  number  not  attending,  procedure 483 

Prothonotarj' ;  alphabetical  list  to  be  posted  in  office  of 428 

corrected  list  posted  and  names  drawn  marked . . .  •         .  • . .  428 

duties  of,  clerk  of  peace  to  perform  when,  &c 486 

fine^  received,  returns  to  be  made  by,  Ac  488 

jurors' names  to  be  placed  in  boxes,  &c 429,436 

lists  of  jurors'  attendance  and  travel  made  by  434 

Qualification  of  grand  and  petit  jurors  426 

Saint  Mary's  district ;  grand  jury,  how  drawn  for  sessions  429 

liability  of  jurors  to  attend  supreme  court.  ....  429 

Schedule  of  form  of  return  of  revising  magistrates.  437 

Sections ;  division  of  districts  into  by  sessions  regulated  427,  436 

Special  jury ;  court  may  order  trial  by,  upon  motion ....  481 

how  drawn  and  called  on  trial.  436 

struck,  summoned,  &c 431 

list  for  Halifax  county  how  prepared,  &c.  427 

non-attendance  when  called,  fine  for  ....         ....         ....  488 

Tales  de  Circumstantibus ;  awarded  at  instance  of  either  party 436 

JumiBDiOTiON.    See  Equky,  Procedure  620-1 

Justices^  Protection  of"*'         ....         ....         ...  . » . .       605-6 

Streets,  Oommissioners  of ....         ....         ....       261  to  266 

Supreme  Court,  PleadmffSf  8rc 447 

Trusts  and  Trustees 683 

OF  Justices  in  Civil  Cases.    See  Justices,  Jurisdiction  of,  ^-c. . . . .  414 

Jtmoma.    See  Costs  and  Fees,  .     .         ....         613, 622 

XoftT.     See  Coroners *'**.     *'**         ****         "**         ***'         *,***  ^^ 

Forcible Entrt/ and  Detainer '      ....  688 

Justices,  Jurisdiction  of        414-6-7,  423-4 

Supreme  Court,  Pleadings. . 466,  476-7,  481,  496-9 

LuTS.     See  Juries.  427-8-9,  434-6-7 

Municipalities    ....         310 

.. JFiKlcnn.    866 JLvhdToHon.        *•..         ....         ..••         ..•.         ...•         ....  596 

Aueaments,  County lll,8qa 

Vof€9Utr$  ....         ....         .•••         ....         ••••         ..••  107 

^.   #  Cbnorations,  General  Phjvisions  Eespeetinff        276 

•k,  \.  :  Cm§  ami  Fees    ....        ..••        ••••        .,        ,,.,  620-1-2 


676 


OSNERAL  IKBEX. 


JuBTioxs.    See  InUuicatmg  Liqiu>r8 

Juriei    ......^       

MunicipaUtieB 

Boa^t  Expenditure  of  Moneys  en 

Sheriffs 

StattUeSy  Promulgation,  ^c 

Townships,  Certain  County yS^c 

Various  other  chapters. 
JVSTICEII,  «ilRI8DICTIO!V  OF  EV  CIVII^  CASES. 

Action,  cause  of;  particulars  to  be  filed  before  writ  issued 

Affidavit  for  capias,  what  to  contain,  and  form  of        

of  service  of  writ,  when  necessary,  Ac 

on  appeal,  by  whom  made,  and  what  to  contain        

form  of  prescribed 

Appeal;  affidavit  on  by  whom  made,  and  form  of       

bond  to  be  given  by  appellant,  and  form  of 

justice  to  return  papers  to  prothonotary 

parties  confined  to  original  case 

proceedings  by  appellant,  justices,  &c 

sureties  to  bond  ma^  render  appellant    

Arrest;  bail  in  case  of,  provisions  respecting 

defendant,  perfecting  appeal  discharged  from       

female  or  minor  not  liaDie  to 

not  allowed  for  debt  under  four  dollars  

Bail ;  party  arrested  entitled  to  be  admitted  to 

Bail-bond,  on  arrest  under  capiat,  form  of 

Gapias;  affidavit  to  be  made  before  issue,  and  form  of 

arrested  party  admitted  to  bail,  &c 

perfecting  appeal  discharged 

present  d  urin?  trial  of  cause 

del ivered  to  defendant  how  long  before  trial 

form  of  writ  of 

how  directed  and  by  whom  executed 

notices  to  be  endorsed  on,  and  form  of    

return  of  "writ  how  made  and  form  of 

Causes;  between  what  hours  to  be  tried 

justices  may  continue,  if  neceHsary 

mode  of  conducting  reflated 

Constable ;  affidavit  of  service  of  writ  bv,  when  required 

duty  of,  on  le^  and  sale  under  execution        

fees  of  travel  for  taking  arrested  party  to  trial,  iflbc.  .. 

for  want  of  goods ;  to  arrest  defendant 

forfeiture  on,  for  neglecting  to  return  writs,  &c     


not  paying  over  moneys 
lie 


not  to  purchase  goods  at  sale  held  by  him 

returns  to  be  made  by,  and  forms  of 

Costs;  successful  party  entitled  to  in  all  cases 

Escape;  sheriff  not  liable  for,  in  what  C€Lse 

Rxecution  ;  duty  of  constable  in  lev^  and  sale  under,  &c 

forfeiture  for  not  returning,  paying  over  moneys,  &c.  . 

issue  of,  after  one  year,  provision  respecting 

in  case  of  death,  &c^  of  justice,  provided  for. 

made  returnable  in  thirty  days 

proceedings  on  levy  and  sale,  return  of,  &c 

unsold  goods  to  be  restored  to  owner,  Ac... 

FV>rm8 ;  schedule  containing 

Judgment ;  proceedings  on  appeal  from 

Jarisdiction,  of  justices,  regulated  as  to  amount 

•lury;  application  to  obtain,  either  party  may  make  and  when 

challenge  for  cause  made,  vacancy  how  filled 

fine  for  non-attendance,  and  how  enforced 

how  summoned,  and  form  of  venire..  

twom  and  proceedings  until  verdict. 

OatbB  of  oonstablet,  jurorm  witnesses,  forms  of 


PAOK. 

846-0,852 

427,  sqq 

30a-U9 

261 

\(ib 

......  .^  T 

\^ 

414 

414 

416,421 

416 

418 

424 

418,424 

419,  425 

419 

419 

419 

419 

A\h 

416 

416 

416 

416 

424 

416.421 

415 

416 

416 

415 

421 

416 
415.420,421 

415,423 

416 

416 

414 

416 

418 

416 

416 

419 

420 

418 

422,423 

417 

•    416 

418 

419 

418 

417 

418 

418 

418 
420  to  425 

418,419 

414 

414 

411 

411 

il«.4tf 

411 


GENERAL   INDEX.  677 

PAGK. 

JUSTICES,  &c.— Continiied. 

Particulars  of  claim ;  how  annexed,  filed,  served,  &c 416 

if  not  confessed  must  be  proved 417 

proof  of  plaintiff  confined  to 417 

set  off ;  how  and  when  filed,  served,  Ac 417 

jmlgment  how  rep^Iated  by  amount  of 417 

proof  confined  to  statement  of      417 

Process ;  regulations  concerning;  the  issue  of,  &c 420 

Sale  of  goods  under  execution,  how  conducted,  Ac 418 

Stipendiary  magistrates;  jurisdiction  of  defined,  &c 420 

Summons ;  affidavit  of  service  of,  when  required 415 

copy  of,  when  to  be  served,  on  defendant 416 

not  to  ipsue  without  statement  filed. 414 

particulars  of  claim  to  be  annexed  to 416 

return  of  constable,  how  made,  sworn  to         415 

writ  of,  how  directed  and  by  whom  served 416 

Tender,  effect  of,  where  made  before  action  brought 417 

Trial ;  arrested  party  to  be  present  at 416 

conducted  as  summary' in  supreme  court 414 

hours  for,  and  how  continued 416 

Witness,  one  sufficient  where  action  not  confessed 417 

JU8TICK8,  now  Compelled  to  do  Duty.    See  Juttices,  Protection  of. 608 

JUSTICES  OF  PKACK,  PROTKCTIOM  OF        606 

Act,  justice  how  compelled  to  |x»rform,  when  part  of  duty       608 

Action  against  justice  for  act  within  jurisdiction  to  be  action  on  case  606 

a  month  s  notice  of,  given  to  justice ;  how       606 

brought  contrary  to  chapter  to  be  quashed  by  pdge  606 

how  affected  by  tender  of  amends  or  payment  into  court  607 

justice  not  liable  to  for  acts  done  under  rule  of  supreme  court  608 

limitation  of  607 

malice,  »fec.,  must  be  alleged  and  proved  in,  when 606 

need  not  be  alleged  where  act  not  within  jurisdiction  606 

not  to  be  brought  against  justice  innocently  issuing  warrant  on  defecti¥e 

conviction,  order  or  rate         606 

in  certain  cases 606 

until  conviction  or  order  quashed         606 

plaintiff  in,  non-suited  where  certain  facts  not  proved         607 

to  recover  only  nominal  damages  in  certain  cases    607 

when  to  recover  full  costs       606 

proceedings  in  where  amends  tendered,  Ac 607 

venue  of  in  co^inty  where  act  committed 607 

Allegation  of  mal ice  and  want  of  cause,  when  necessary  606 

(fee,  when  unnecessary         606 

Amends  may  be  tendered  after  notice  and  before  action  607 

Conviction  must  be  quashed,  before  action  against  justice 606 

Costs         607,608 

Damages,  when  only  nominal  recovered,  and  no  costs       607 

recovered  with  full  costs       608 

Duty,  justice  how  comi)elled  to  |)erform 608 

Judge  may  set  aside  proceedings  had  contrary  to  chapter ;  costs  606 

Jurisdiction,  actions  for  acts  within,  to  be  on  case,  and  malice  and  want  of  cause 

alleged 606 

wilh(mt,not  to  l^  brought  until  conviction  quashed  606 
in  actions  for  acts  without,  malice,  &c.,  need  not  be  alleged  606 

Justice,  how  compelled  to  perform  duty 608 

limitation  of  actions  against  justices  607 

Hoo^  may  be  paid  into  court  after  action  brought  607 

paid  into  court,  how  disi)osed  of        607 

Notice  of  month  to  be  given  justice  before  action ;  how   606 

Fbmtiif ,  how  affected  by  tender  or  payment  into  court  607 

must  prove  notice,  time,  venue,  ^ 607 

when  entitied  to  full  costs 608 

to  recover  only  nominal  damages 607 

■■    niooaediiigi  in  case  of  tender  or  payment  into  coort 607 


878  GENERAL  INDEX. 

PAGE. 

J1J8TICEII  OF  PEACE,  &c«— Contlnaed. 

Proceedings  to  compel  justice  to  perform  duty    H0« 

Rule  of  supreme  court,  justice  not  liable  to  action  for  act  done  under    (W8 

may  issue  ordering  performance  of  act  by  justice     <iOS 

Supreme  court  may  compel  justice  to  do  duty  OOB 

Venue  to  be  laid  in  county  wbere  act  committed 607 

Warrant,  when  no  action  against  justice  issuing  for  acts  done  under     60fr 

Justices' Boll,    ^lae  Clerk  of  Peace  101-2 

Justification  OF  Bail.    ^^  Supreme  Courty  HeadmgB 474-.'» 

K. 

Kbepra.    Bee  Liberty  of  Sulffecl      557-«i 

Kin.  Pbor,  SetUement,  4^c IW 

Kindred.         Descent  of  Heal  and  Personal  Estate     37*2 

Kino's  County.    See  MunicipalAies       31.'» 

L. 

Labor,    ^^e  Sewers^  Dyked  and  Marsh  Lands 233 

Labor,  Highway.    See  Hiyhwnv  Labor 2J^ 

Hoods,  JSxpendihire  on  249  sqi4 

Streets,  Commissioners  of 265-f» 

ON  AREAS.  Mines  and  Miner  ah 27-S^8^ 

Laborers.  Roads,  Expenditure  of  Moruys  on 2.V^ 

Land  and  Agricultural  Corporations.    See  Agricultural  and  Land  Corpora- 
tions          226 

Landings,  Public.    See  Bridges  and  Public  Landings       2(»9 

Landlord  AND  Tenant.    See  Forcible  Entry  (md  Aetatner     582-3 

Eetit,  Distress/or 585-rt-7 

Lands.  Arbitration     699 

Fences,  Fence- Viejcers,   8fc ^^11 

Frauds  and  Perfuries 37i> 

Limitation  of  Actions  5<j0  to  .W 

Public  Grounds,  Supervisors  of 3A> 

Property,  Trustees  of. ..1 31S-9 

Poods,  other  tfian  certain  Great 247 

Setcers,  Dyke  and  Marsh    23-3-3-4-7 

Statutes,  Promulgation,  ^c 3 

Trusts  and  Trustees  689,  ,'>91 

Lands,  Dykrd  and  Marsh.    See  Setaers,  Dyke,  ^c,  29) 

Encumbrances  ON.  Deeds,  ^c,  Registry  of        3(li) 

Forfeited  to  Crown,  Escheat  of.    See  Acheating  Lands  583 

OF  THE  Crown.    See  Grown  Lands   81 

I<AND(4,  PARTITION  OF  570 

Absent  parties ;  notices  to,  how  to  be  given,  &c 571 

publication  of  ordered  by  court     571 

proceedings  in  cases  of,  how  conducted    571 

Amendments,  in  proceedings,  allowed  at  any  time      57l> 

Appearance;  court  may  order  further  notice  for  want  of 571 

may  be  joint  or  several  by  defendants    571 

of  person  not  named  in  i)etition ;  procedure  in  case  of 671 

procedure  where  no  opportunity  for  putting  in Stl 

rights  of  imrty  not  appearing,  how  affected,  &c 57$ 

Application  for,  by  whom  and  how  to  be  made  WO 

Commisi-iioners ;  appointment  of ,  after  passage  of  rule       OT 

before  whom  sworn,  and  to  what  effect  59S 

certificate  of  oath  to  be  made  on  warrant M 

duties  of,  prescribed  and  defined        031^04 

when  new  partition  ordered     ^..  W 


-OBNEKAL  INDEX.  679 

PAGE. 

ftiAlV1>il,  Ac-Continued. 

Commissioners ;  expenses  of,  how  ascertained  and  allowed       576 

notices  to  be  given  by  and  to  whom,  &c. ......        572 

procedure  by,  where  property  not  easily  divisible         572 

returns  by,  how  confirmed,  filed,  made,  Ac.  574 

may  be  set  aside  by  court  &c 574 

three  to  meet ;  acts  of  two  to  be  valid      572 

Continuance  may  be  ordered  where  imrty  absent         571 

Costs  of  proceeding's,  how  taxed  and  by  whom  paid  572,  57fi 

Counties;  where  lands  lie  in  different,  what  proceedings  573 

Deatl)  of  party,  need  not  abate  suit;  procedure,  &c.  57t» 

Default,  proceedings  in  case  of,  regidated,  Ac 572 

Defendants  may  apjiear  and  plead,  jointly  or  separately    571 

Division ;  in  case  of  intestacy,  or  under  will,  in  certain  cases 577 

when  cannot  be  made  by  metes  and  bounds,  procedure 577 

who  com f)ellable  to  make  under  chapter    570 

Duration  of,  as  between  tenants  for  years  570 

Guardian ;  court  or  judge  may  assign  in  certain  cases 571 

Heir  or  devisee;  rights  of,  how  affected  in  certain  cases 576 

Heirs  declining  to  accept  estate,  Ac,  procedure  in  case  of        577 

Improvements;  compensation  for,  on  new  partition  574 

Judge,  onler  of,  when  liable  to  be  rescinded,  &c.         ^ 577 

power  of  to  direct  execution  of  deed  in  certain  cases  577 

Judgment,  final,  uf)on  whom  and  to  what  extent  conclusive     574 

lien  by  mortgagee,  *c..  how  affected  by  570 

part  owner,  absents  not  bound  by,  &c 574 

|)ersoa-9  not  ap))earing,  &c.,  not  conclude<l  by 575 

titles  under,  how  considered  to  l>e  held      577 

Liability,  in  ca.se  of  sole  occupancy  by  tenant  in  common 573 

of  tenant  in  case  of  exclusive  occupancy      573 

Lien  by  mortgagee,  Ac.,  how  affected  by  judgment  57<^ 

Partition ;  duration  of,  as  between  tenants  for  years    570 

duties  of  commissioners  on,  regulated,  &c 573,574 

may  be  by  writ  at  common  law    570 

new,  court  may  order  in  certain  cases,  Ac 574 

notice  of  time,  &c.,  to  be  given  to  parties  interested  570 

proceedings  where  two  persons  claim  same  share  575 

rule  for,  how  made  in  certain  cases,  Ac 572 

remedy  where  eviction  by  paramount  title        57<» 

titles  made  under,  how  couAidered  as  held 577 

where  cannot  be  made,  procedure         572,577 

Petition  ;  application  by,  to  lie  maide  to  supreme  c<^urt  570 

by  whom  may  be  maintained,  Ac 570 

commencement  of  proceedings  to  be  by      570 

c  »ntents  of,  what  essential  and  how  amended   570 

filed  as  declaration,  and  procedure  thereon 570 

pleadings  and  replication  to,  regulated 571,572 

Petitioners,  shares  of  may  l)e  set  off  jointly  or  severally  572 

Proceedings  may  be  taken  either  at  law  or  in  equity         577 

Registrar  of  deeds;  certified  copy  of  return  to  be  filed  with     575 

Summons  to  appear  and  answer ;  when  to  issue,  Ac.  570 

Tenant;  for  years,  when  division  may  be  obtained  by 570 

durtftion  of,  as  between,  in  certain  cases 570 

in  common,  when  com])ellab]e  to  divide         570 

in  sole  occupancy,  liability  of 573 

liable  for  misconduct,  when  in  exclusive  occupancy    573 

IaMB%  PEITATK.    See  Mme«  and  Minerals    25-6,31 

Rboistbyof  Dked8  and  Encumbuancks  affrctinq.    See  Deeds,  j*c., 

Reffis/nj  of 360 

BxQlTiBBD  FOB  Hospital  FOR  Insanr.    Hee  Luitatuif  ^c 216-7 

WJkMmmt  MAMJB  OF  rWDER  EXKCCmON  579 

*  '     Adftttit—CPt ;  contents  of,  where  and  how  long  published    581 

.  jpPnifaMmwrty  not  necessary,  on  levy  under  execution        .^ 581 

r  '  'Aniiflltoi  dKedand  form  of,  given  to  piurchaser      580 


680  GBNXBAL  IMDXX. 

PA«E. 


TABIDS  I  SAIiE  OF  UlVl^ER  EXECUTION— CqmUi 

Certificate ;  purchaser  to  receive  from  mortgagee  on  payment         68(t 

Ckitui  que  &uit :  interest  of,  may  be  levied  on  and  sold  d81 

Deed  01  sheriff;  effect  of  as  re.spects  purchaser  at  sale       581 

presumptive  evidence,  of  conveyance  of  title 68? 

Defendant,  may  require  particular  portion  to  be  first  sold 5H1 

Execution,  as  respects  land,  when  may  be  issued,  &c. 581 

effect  of  sale  under,  as  regards  purchaser         5ft^ 

Interest,  of  cMft^t  9^6  ^}*t^,  may  be  levied  on,  Ac 581 

mortgagor,  may  be  levied  on,  sold,&c.  580 

Judgment,  real  estate  of  debtor  bound  by  entry  of  in  registry 579 

release  i)artial,  not  to  affect  validity  of  579 

year  must  elapse  from  registry'  of,  before  levy         579 

Levy  ;  appraisement  not  necessary  to  be  made  under         581 

compellable  by  subsecjuent  creditor,  after  year 581 

if  not  made  after  notice,  prior  creditor  loses  preference        581 

may  be  on  whole  or  portion  of,  within  county 581 

plaintiff  may  order  on  what  land  to  be  made         581 

on  interest  of  mortgagor,  or  cestui  que  trust     680,  581 

Mortgagee  ;  certificate  to  be  given  by,  its  form  and  effect 580 

may  be  purchaser  at  sale ;  rights  of ,  &c 580 

Mortgagor;  interest  of,  may  be  levied  on  and  sold  58i> 

vested  in  purchaser  at  sale      <^ 

Purchaser,  shall  become  landlord  of  tenants  ;  rights  of,  &c.  582 

what  rights^  &c.,  vested  in  by  sale.  &c        590 

Boyal  Gazette:  aflvertisement  published  in,  how  long,  &c.  5^ 

Safe ;  within  what  time  after  advertisement,  &c 5^^ 

Sheriff's  deed ;  its  effect,  and  presumptive  evidence  of  what ^^ » *'*^ 

Surplus  proceeds  ;  by  whom  retained  and  how  paid      58i 

Titles;  made  previously  to  10th  April,  1841.  provision  respecting     58'* 

I«AlVI>(i,  SAIiE  OF  1  IVDER  FORECI.Ofi(tTRE  OF  MORTGAGE.  578 

Absent  or  absconding  debtor;  procedure  where  mortgagor  may  be 57^ 

when  entitled  to  rehearing,  &c 57^ 

Actions  for  money  secured  by  mortgage;  i«iyment  into  court  in, effect  of     57^ 

reconveyance  when  ordered^ 57^ 

Advertisements :  how  and  for  what  time  to  be  made 57r* 

Court,  supreme ;  one  judge  may  exercise  power  of;  exception 57^ 

powers  of  court  of  chancery,  vested  in 57^ 

when  may  compel  reconveyance  to  defendant 57^* 

Deed  of  sheriff;  effect  of,  and  of  what  presumptive  evidence 67^ 

Defendant,  entitled  to  reconveyance  in  certain  cases 57J^ 

rehearing  in  certain  cases 571^ 

Ejectment ;  proceedings  where  mortgagor  absent  debtor,  ^^c bl^ 

Notices  to  be  given;  where  others  interested  besides  mortgagor bl^ 

within  what  time  necessary  to  1)0  served,  (fee b1^ 

Possession  ;  writ  of,  may  be  awartled  ufwn  judgment 57^ 

Sale;  advertisement  of  how  maile  and  for  what  i)eriod 57^ 

'court  may  order  in  default  of  payment 57ts 

proceeds  of,  how  to  be  paid  anrl  applied.  57^ 

Sheriffs  deed  ;  effect  of  as  resj^ects  purchaser  at  sale 679 

presumptive  evidence  of  certain  facts 579 

Lapsed  Legacies,     ^qq  Wills  of  Real  and  Personal  Estate 368 

Laying  out  and  Management  of  Certain  Gkeat  Roads.    See  Roads,  Certain 

areat.^c 242 

OF  Roads  Ofheb  than  Certain  Great  Roads.    See  Roads  otJker 

than  cei'tain  Great 24l> 

Leases.    See  Deeds,  i[c.,  Registnj  of       Ml 

Frauds  and  Peijuries 376 

Mines  and  Minerals 24to61 

Public  Ih'operty,  Trustees  of  .    916 

Lrqacies.    See  ExectUorSy  Administrator's,  and  Trustees 5M 

Limitation  of  Actions M 

Probate  Court ^J^^Qft 

»»   ••••,    QfC*     ....a*  ......  .......  ....^  •••• 


OWBBAL  IKDEX. 


681 


EOATEK.    See  KrectUorg,  Admmidralors,  ^c 

Probate  CouH 

wuh.iirc 

KorsLATiON  OF  CANADA,  NOT  CoNTRAVKNKD.    See  Canada,  J-c 

1KOI8LATIVE  AND  Executive  Disabilities.  DiaahtUtieSy  ^c 

«£G18]LATIVE  C;OlJ!VCIE.I4»RS   

Appointment  of,  vested  in  Lieutenant  Governor  

8eat8  of  vacated,  by  absence  for  two  sessioDA        

acceptance  of  certain  offices         

iEoislatube,  Disqualifications  pok.    See  Eledwns,  Corrupt  Practices  at 

ZHsabiUiies,  Executive,  ^c. 

tETTEES  OF  GuABDiAjYSHip.    See  Guordtons  and  Wotds  , 

.EVT.    See  Lands,  Sale  of  under  Execution  

Supreme  Courts  PleadingSy  Src 

iiABiLiTT  OF  Shaeeholdbes.    See  Jotn^  Stock  Cofupanisi 

Trustee.  Trusts  and  Trustees  

ii BEL.    See  Supreme  Court y  Pleadim/s,  ^c.  

LIBERTY  OF  THE  i»t  BJECT      

Canadian  legislation  not  to  be  conflicted  with  

Certain  imperial  acts  to  be  in  force  in  province    ».. 

Civil  remedj'  of  party  illegally  imprisoned,  provided  for  

Common  law  right  to  Aar6«7«  ror/TU*  not  abrogated,  &c 

Court  and  judges  fo  have  same  power  as  in  England 

or  iud^i^e  may  gTMit  habeas  corpus 

order  instead  of  writ  

require  production  of  proceedinp^,  Ac.  

Discharge  of  prisoner  by  keeper,  regulation  concerning  

Equitable  principles  may  be  applied  in  motions,  &q.         

Exemption  of  keeper  from  action  in  certain  cases        

Habeas  corpus;  application  for  writ,  how  made  and  granted  

common  law  right  to,  not  abrogated,  &c 

court,  or  single  judge,  may  grant  

power  of,  as  regards  proceedings,  Ac 

equitable  principles  applicable  to  motions  for,  Ac 

Illegal  imprisonment,  civil  remedy  for  not  affected    

Keeper ;  discharge  of  prisoner  by,  in  certain  cases,  provided  for     

exempt  from  civil  action  in  certain  cases       

return  to  order,  po^ceedings  after  making  

to  be  ma<Ie  and  how  enforced  

to  communicate  order  to  prisoner  and  furnish  copy  , 

Neglect  or  disobediencd  of  rule,  Ac,  how  punishable 

Order,  copy  of  to  be  furnished  to  prisoner  by  keeper         

granted  instead  of  Juibeas  corpus^  and  effect  of 

proceedings  had  after  keepers  return  to     

return  to,  by  keeper,  how  made  and  enforced 

may  be  decided  on  by  another  judge       

Rights,  remedies,  &c-,  extended  to  inhabitants  of  province       

Supreme  court ;  powers  of  f^nglish  court,  conferred  on      

4BBARIB8,  School.    See  Public  Instruction  

UlBRjtRY  AISSOCIATIO^K  A]«D  IWNTITIJTES, 

Affairs  of  corpi>rotion  manage<l  by  directors  and  triLiitees  

Bye-laws,  how  made  ;  not  to  conflict  with  declaration 

produced  in  evidence  in  action 

Corporation  may  combine  association  and  institute 

members  of,  competent  witnesf-es,  &c 

Declaration,  duplicate,  of  intention  to  form,  how  made    

filed  in  office  of  registrar  of  deeds 

legistnur  to  certify  and  re-deliver  copy  of 

statements  necessary  to  he  contained  in 

to  be  in  duplicate,  execution  how  to  be  proved 

what  sum  necessary'  for  formation  of       

DinelofS;  election  and  term  of  office  of 

<    BeoMon  of  oiBben  and  trustees ;  how  and  when  made 

ii  HBiarcoiitnTMiing  bye-laws,  Ac 


PAGE. 

395,  sqq 
366,  sqq 

I 

7 

7 
7 

7-8 

12 

7,8,9 

387 

580-1 
486-7-8 

280 
592 

469 
556 

558 
566 

558 
556 

556 
556 

556 
557 

558 
556 

558 
556 

556 
556 

557 
556 

558 
558 

558 
557 

557 
567 

558 
557 

556 
557 

557 
.^...  558 

556 
557 

164 
285 

:^ 

286 

287 
287 

287 
285 

286 
285 

285 
285 

285 
287 

286 
287 


98ft  OBNBRAL  INDBX. 

PAGR. 

I^IBRARY  ASSOCIATIONS,  &^c«— Contliiaed. 

Fine,  how  recoverable  and  applied 287 

Formalities  being  complied  with,  incorporated    2Si) 

Incorporation  of  associations,  &c.,  already  established ^ 

Meeting,  annual ;  officers  to  be  elected  at,  &c 285 

Real  estate  ;  limitation  as  to  amount  to  be  held  by ^ 

Recovery  of  fines  and  subscriptions,  mode  of        287 

Registrar  of  deeds  to  certify  and  deliver  declaration 38ri 

flle  duplicate  in  office 28.i 

Trustees ;  election  of ,  when  to  take  place       '      ^' 

on  failure  to  elect,  those  in  office  to  continue 287 

term  of  office  of,  limited 3fC 

LiOKNSR,    See  Church  of  England 189,U1 

Intoxicating  Liquors,  ^c 3i4-5-6.  353-.1 

Marriage,  ^lemnizatum  of .      379,«q 

PvhUc  Exhibition*,...        * 

OF  OccuPATxoM.    Sw  Immigrants  366-7 

Prospecting.  Mines  and  Minerals      > 3(^1 

TO  Pbactisb.  Medicine  and  Surgery         150-1-2-4 

Skarch.  Mines  and  Minerals     39,*' 

Sell.  Probate  Court        S9& 

Work.  Mines  and  Minerals     40-1-2 

LiOBNSBD  rLBROTM  AK.  Church  of  England  1^ 

Mills  Mines  and  Mmerals      31to34 

LiGBKSES  FOR  Sale  OF  Intoxicatikq  LiQiiORs.    See  Intoxicating  lAquors,  ^c *13 

Lien  OF  MoRTOAOB.    See  Ijonds,  Partition  of 5I« 

Life  iNSURAifCE.  Married  Women,  Protection  of ^ 

Lights.    See  Lim^ation  of  Actions ^ 

I.I1II1TATIOM   OF  AcmOMS  ^ 

Abatement  for  non-joinder ;  issue  on  plea  of,  how  found  *59 

Access  and  use  of  light  for  20  years ;  right  indefeasible    ^ 

Account,  or  for  not  accounting*:  action  when  to  be  brought     559,560 

Acknowledgment,  of  title,  what  equivalent  to      563 

or  part  payment  effect  of ,  &c 565 

replication  as  to  ^ 

to  take  case  out  of  statute,  in  writing,  &c 559 

what  necessary  559 

Actions,  against  minors,  &c.,  when  must  be  brouglrt   5rtii 

l)eraon8  out  of  province,  when  to  be  bnmght  ^ 

by  minors,  &c.,  within  what  time  to  be  brought  565 

of  account,  Ac,  between  merchant**,  when  to  be  brought 5ii0 

not  to  be  brought  within  40  years  after  right  accrued 5ij3 

on  demise  for  rent,  specialties,  &c.,  when  to  \ye  brought      

right  of,  as  regards  land,  Ac,  when  deemed  to  accrue 

under  particular  statutes,  exception  as  to 

when  judgment  reversed,  new  when  to  be  brought      

which  require  to  be  broughtwithin  one  year        ^ 

six  years ^ 

sixty  years    567 

twenty  years        ^ 

Assault,  battery,  &c.,  action  for  when  to  be  brought  5611 

Assumpsit ;  action  of  within  what  time  to  be  brought 5^ 

Bill  of  exchange,  &c.,  endorsement  by  payee,  not  sufficient  ^ 

Bond  or  other  specialty ;  action  on  when  to  be  brought  564 

Case;  action  upon  for  words,  when  to  be  brought 5^ 

within  what  time  to  be  brought    Jj 

Claim  for  lands  or  rent,  by  Her  Majesty;  limitation  as  to j£ 

Continual  or  other  claim,  not  to  preserve  right  of  entry,  Ac Jj 

Coparcener,  Ac.,  possession  of,  not  to  be  possession  of  others  Jj 

Coverture,  limitation  as  respects  in  certain  actions      56S,  666,l» 

^bt  on  contract  without  specialty,  when  brought  " 

Debtors,  joint  provisions  regarding •• 

Demise,  indenture  of ;  action  when  to  be  brought 

Detinue,  action  of,  within  what  time  to  be  brought    


5^ 
561 
565 
561 


GENERAL  INDEX.  683 

PAGE. 

«IllIITATIOM  OF  ACnnOMi»— Continued, 

Distress  or  entry ;  limitation  of  time  in  which  to  make    561 

rifajht  to  make  when  first  accrued    661,  562 

within  what  time  to  be  made,  &c.         563 

Dower  ;  action  in  respect  of,  when  must  be  brought 564 

Easement ;  claim  to  in  certain  cases,  when  not  defeated    565 

right  to,  indefeasible,  if  enjoyed  for  40  years  666 

term  of  years,  when  excluded  from  computation  567 

Endorsement  of  payment,  on  bill  of  exchange,  Ac,  not  sufficient  559 

Entry  on  lands  ;  limitation  of  time  for  making 661 

person  making  not  deemed  in  possession        662 

right  when  accrued  in  certain  cases         561 

Executors,  &c.,  acknowledgment  what  sufficient  ,  559 

Insane  persons  ;  action  by  or  arainst  when  to  be  brought 560 

Interest  illegal ;  action  for  taking  when  to  be  brought  560 

Joint  contractors,  &c.,  acknowledgment  what  sufficient    569 

Judgment ;  action  upon  within  what  time  to  be  brought  562 

Lands;  action,  for  recovery  of.  when  to  be  br«)Ught,  &c 

right  of,  when  deemed  to  have  accrued 

continual  or  other  claim  not  to  preserve  right        

entry  on,  not  to  be  considered  as  possession     

no  action  within  40  years  after  right  accrued        

jx^rsons  under  disability,  provision  resi>ecting 

possession  of  coparcener,  Ac,  not  possession  of  others        

rent  or  interest,  action  in  respect  of,  when  to  be  brought  

title,  acknowledgment  of,  to  what  equivalent,  &e 

Legacy ;  action  upon,  when  to  be  brought,  <fec.  .....* 

Light,  access  to  and  use  of,  when  indefeasible       

Ual  if  ax  City  not  included  in  section    

Married  women;  actions  by  or  against,  when  commenced 

disability  by  reason  of,  pDvided  for  

Minors ;  actions  by  or  against,  regulations  respecting        

Mortgage;  action  upon,  when  to  be  brought.  &c 

proviso  m  case  of  part  payment,  Ac 

Prescription ;  calculation  as  respects  interruption  to,  &c.  

Presumption,  not  allowable,  for  less  period  than  prescribed  

Province  ;  i>ersons  absent  from,  provision  respecting 

Bent;  action  for,  within  what  time  to  be  brought  

arrears  of,  within  what  time  recoverable  

cases  of  disability  with  regard  to,  provided  for       

claim  of  Her  Majesty  limited  to  60  years  

no  action  to  be  brought  after  40  years,  &c 

persons  under  disabilities,  provisions  regarding       

receipt  for,  provisions  regarding  in  certain  cases  

Beplevin  ;  action  for,  within  what  time  to  be  brought       

Specialties;  actions  upon,  within  what  time  to  be  brought      

Statute  ;  promise  to  take  case  out  of,  requisites  of 

Statutes ;  action  under  certain,  when  exempted  

Venn  of  years ;  calculation  of  in  certain  cases,  how  deemed  

excluded  from  computation  in  certain  cases    

lireBpasR;  for  assault,  battery,  &c.,  when  to  be  brought     

^uare  clausum  f regit,  when  to  be  brought    

Rover,  action  of,  within  what  time  to  be  brought  

Way,  watercourse,  &c. ;  claim  to  not  defeated,  and  when  

right  to,  when  deemed  indefeasible  

term  of  years,  when  excluded  in  computation  of  ... 

(nOTATION  OF  Actions.    See  Assessments^  Countt/     

CkmstahUs,  Pi'otectton  of     

Costs  and  Fee^  


\ 


Elections,  Corrupt  Practices  at 
Executors,  Administrators,  ^c. 

Intoxicating  Liquors,  ^c 

Justices,  Protection  of 

Medicine  and  Surgery         , 


681  GB5BRAL  IHDSX. 

PAQR. 

Limitation  OP  Actions.    See  Sheriffs  105 

Wooat  and  Marshes,  Burning  3S2 

Limited  Partnerships.         Partnerships *i02 

Ld^itb  of  Jail  Yards.  JaUs  and  County  Buildings ISO 

Line  OP  Strkkt.    See  i^reets.  Commissioners  of »)6-7 

Links  AND  Boundaries.    See  Commoii  Fields 2*» 

Lists.    See  Highway  Labor       256 

Juries 427,  KW 

Loan,  Provincial.    See  PMic  Officers,  Certain,  S^c W 

LOCATEE.    See  Crown  Lands 90-1-2 

Lockup  Houses.    See  Jails  and  Countu  Buddings ISi 

Keeper  of.    See  Costs  and  Fees ^S 

Loos.    See  Rivers,  Conveying  Timber^  ^c ^ 

Loup-Cervihrs.    See  Anitnals  Noxious,  Destruction  of W* 

Lumber.    See  Municipalities     811 

AND  Timber,  Conveying  of  on  Rivers,  &c.    See  Bivers,  Conveying,  ^c...  88 

Lumbering.    See  Crotm  Lands &^8qq 

Lunatic  Paupers.    See  Lunatics,  Custody,  Sfc ilS-i*^ 

Pbor,  Settlement,  ^c 190 

I4IJMATIC8;  CUSTODY  AWD  ESTATES  OF      306 

Admission  of  lunatics  to  hospital  for  insane;  how  regulated    -11 

Apprehension  of  lunatics  under  warrant-,  if  at  larp^e  i06 

expense  of,  how  allowed  and  paid     '^ 

Bond  to  be  given  by  guardian ;  conditions  therein  308 

Bye-laws  for  hospital  for  insane  ;  by  whom  made       ,        210 

Certificate  of  insanity,  prior  to  admission  to  hospital        211,218 

commitment  to  jail    3)0 

Charges  of  maintenance,  &c.,  h<^w  paid,  where  no  property  308 

Commissioner  of  public  works  and  mines ;  admission  of  patients  into  hospital 

by         211 

bond  to  be  given  to  in  case  of  pay- 
ing patient 212 

discharge  of  patientii  by,  on  oertiA- 

cate  of  rec« wVry 214 

discharge  of  patients  by^  on  condi- 
tions in  certain  cases       214 
disputes  as  to  countv,  Ac.,  charge- 
able, settled  by  212 

exi^nse  of  maintenance^  Ac,  may 

be  collected  by  2lS 

financial  and  general  management 

of  hospital,  vested  in       210 
rate  of  charges  may  be  altered  by, 

^  m  certain  cases         214 

right  of  entn'  on  lands  to  lav  pipes, 

&c :....        215 

title  t<i  hospital  for  insane,  vested  in  2IS 
when  further  land  required,  proce- 
dure ix)inted  out      216 

Commissioners  of  hospital ;  appointment  and  <luties  of  211 

Committees  of  justices;  appointment,  duties  of.  &c.  215, 21J 

Commitment,  warrant  of,  how  issued,  &c 21* 

Definition  of  terms  used  in  chapter         218 

Discharge  of  patients,  conditionally *. flj 

on  recovery,  Ac 21* 

Estate  of  lunatic ;  provision,  where  exhausted  2i 

Examination,  of  insane  jierson  or  dangerous  idiot  how  conducted -..  JjJ 

limatic  with  criminal  intent,  &c gB 

payment  of  expense  of,  by  whom  made        JJ 

Forms,  used  to  carry  out  provisions  of  cliapter  218  tn  j^ 

Guardian ;  appointment  of,  how  made,  <S:c.  -2 

bond,  with  special  conditions,  to  be  given  by  

deed  to  be  executed  by^  in  case  of  »eSe  of  estate  

estate  of  lunatic  may  be  sold  or  mortgaged  by       


•••••• 


GENBftAL  IMDEX.  689 

PAGK* 

.i::VATI€8,  Ac-Contlnued, 

Guardian ;  just  debts  of  lunatic  to  be  paid  by,  Ac.  207 

removal  of  in  certain  cases,  provided  for  207 

representative  of  lunatic  in  suibr,  &c 207 

wards,  costs  of  opposing  application,  how  paid       207 

Hospital  for  insane  ;  admission  of  patieilts  into,  how  regulated,  &c.  2il 

statement  preparatory  to  211 

bye-laws  for  government  of,  by  whom  made 210 

commissioners,  board  of;  appointment  and  duties 211 

entry  on  lands  to  lay  pipes  in  connection  with  216 

exemption  of  officers  of,  from  statute  labor,  &c 216 

financial  and  general  management,  in  whom  vested    210 

lands,  when  required  for;  procedure,  mode  of,  &c 216,  217 

medical  assistant;  appointment,  duties,  salary  of        211 

superintendent ;  appointment,  duties,  salary'  of      211 

object  and  title  of  institution  210 

terms  *'  hospital,"  "  hospital  for  insane,"  defined  218 

title  to  proi)erty,  in  whom  vested     218 

visitors;  who  entitled  t J  be,  wo^fo     210 

Insanity  ;  cases  to  be  investigated  by  justices  and  slieriff 212 

Lands  miuired  for  IIosi)ital ;  application  for,  by  petition  to  supreme  court 21  rt 

arbitrators,  appointment  and  powers  of  216,217 

award  of,  how  made,  dealt  with,  &c...  217 
amount  of,  how  disposed  of       217 

order  nisiy  granted  and  published,  &c 216 

proceedings  on  petition  to  supreme  court 216 

title  uf  land  vested  in  commissioner,  and  how.....  217 

Medical  assistant ;  appointment  of,  &c 211 

practitioner ;  qualification  ot,  &c 210 

Huperintendent  appointment  of,  &C 211 

Overseers  of  poor  ;  expenses  how  refunded  to 210 

Pauper  lunatics ;  committees  as  to  exi)ense8  of,  appointment  and  duties  of...  215 

powers  of  to  modify  order,  &c....  216 
remuneration  for  services  of,  21  (> 
sums  recovered  to  be  paid  into 

treasury       216 

e\pen:res  of,  in  hospital,  a  county  charge       213 

grand  jur>'  relu-iing,  »vc.,  supreme  court  may  amerce...        ......  213 

relations  to  contribute  towards  maintenance  of    216 

Schedule  of  forms 218to221 

Supreme  court  may  amerce  in  certain  cases 213 

term  defined 218 

Title,  and  objects  of  hospital  for  insane 210 

to  hospital  and  grounds  vested  in  commissioner 2 Id 

Visitors  ftT  q^^Edb  of  hospital ;  who  entitled  to  be 210 


M. 

«  • 

ItoWN.    Set  Lutuitics,  Custodt/j  ^c 206 

lAennrBATES,  CiviL  JuRisDicnoN  OF.    SeeJusficeSyJunsdkti'onof.     414 

CouKTOF.    See  Costs  and  Fees 622 

ImCABBIXBs.    See  Info.vtcafiny  Liquors    349 

unrXEKAKCE  OP  Bastard  Cuildrkn.    See  Bastard  Children,  ^c 198 

ItHAonaofT  AND  Laying  out  of  CEUTArN'  (treat  Kg  ads.    See  Roads,  Certain 

1  Great 242 

MlfVB.    Bee  Eyuity  Procedure         629,630 

8ba,  Gathrrlnu  of.    See  Sea  Manure,  ^c 338 

m  MimB  and  Minerals 46 

POBUC.    Bee  PuUic  Markets        324 

8>e  Sitpreme  Couri,  Pleadings 462* 

Wm  1^  lUal  and  Personal  EstaU 867 


(>86  GENERAL  INDEX. 

PA  OB. 

.tIARRIAGE,  SOI^ElW^nZATlOK  OF. S78 

Actions  for  penalties,  how  to  be  conducted,  &c 3S4 

Banns,  by  whom  and  how  published 379 

Bond  for  marriage  license,  how  given,  &c 880 

Bonds,  issuer  of  marriage  licenses  to  give ' 3S4 

to  receive  from  provincial  secretary  in  bluik 379 

Claims  under  issue  of  confirmed  marriages,  valid        378 

Clergymen;  banns  to  be  published  by,  unless,  Ac 379 

fee  payable  ror  return  of  register  <>f Sdl 

marriage  may  be  solemnized  by,  ^ 379 

particulars  of  marriages  to  be  registered  by 38rt 

penalty  for  falsifying  license,  A;c 3(S 

illegsdly  officiating,  Ac 379 

not  returning  license 383 

refusal  to  give  notice,  &c 382 

solemnizing  against  chapter        JW 

register  of  marriages  kept  and  returned  by 381 

return  of  licences,  how  and  to  whom  made 381 

Definition  of  terms  used  in  chapter 3ff 

Deputy  registrar;  ap|>ointed  by  governor  in  council  and  located 379 

bonds  and  licenses  in  blank  distributed  to,  Ac 379 

definition  of  term  as  used  in  chapter 378 

errors  in  registry'  of  marriages,  how  corrected 3W 

jurisdiction  of,  limits  how  to  be  defined,  &c        38l» 

license  applied  for,  how  to  be  filled  up  by    88l> 

issue  of,  to  be  recorded  by  in  alfcases    3fO 

issued  to,  fees  for,  when  and  to  whom  payable. ...         88i 

recei pt  to  be  given  for  by .        .* 379 

returns  of  under  oath  to  be  made  by 3Ki 

marriages  occurring  in  vicinity,  ascertained  and  registered 

by 380 

returns  to  be  made  by,  and  what  to  consist  of 381.  ^ 

{>enalty  on  for  neglect  of  duty 3SJ 

Knveloi>es  enclosing  returns,  it c,  how  to  be  marked 381 

Error  in  registry  of  marriages,  how  corrected       2H} 

Fees  for  licensfcs,  deputy  registrars  to  aecount  for,  jwiy  over,  &c 382 

jiayabie  before  deliver}' of         .*        3S0 

return  of  register  of  marriage  by  clerg>'man ^ 

Pines,  Ac.,  made  payable  to  deputy  registrars,  now  recovered  383 

not  payable  to  tle{)uty  regi strars,  how  rec( » vered        3W 

when  recovered, how  applied  and  i>ai<l 384 

sued  for,  action  how  to  be  conducted 384 

Forms,  Ac,  for  use,  to  be  prescribed  by  governor  in  council 378 

Issue,  of  marriages  hereby  confirmed,  declared  legitimate 378 

Licenses  ;  by  whom  signed,  and  how  distributed 379 

clerg>'men  to  return,  when  and  to  whom     381 

fees  payable  for,  iMjfore  issue  of ^ 

how  to  be  filled  up  when  applied  for.  380 

issue  of,  and  proceedings  thereon  recorded        380 

issuer  of.  bonds  to  be  given  by 384 

penalty  for  falsifying 3B 

not  returning 883 

returns  of,  to  be  ma<ie  and  when 381,38^ 

Marriages  heretofore  solemnized,  declared  valid 378 

issue  of  declared  legitimate,  and  claims  valid  SJ8 

pending  suits  not  ti)  be  affected,  &c SW 

proviso  as  to  parties  not  authorized  to  enter  into 878 

register  of  by  whom  and  how  to  be  kept    liSx  ^ 

what  persons  authorized  to  solemnize 819 

Penalties;   for  falsifying  marriage  license      8BI 

giving  fictitious  statement  of  marriage 

making  false  statement  as  to  marriage 

neglect  of  duty  by  deputy  registrar ' 

not  returning  license  in  proper  time,  &c 


•*■••• 


GENERAL  INDEX.  68T 

PAGE. 

lAGE,  Jk^c*— Continued. 

ties ;  for  refusing  to  give  notice  as  to  banns,  &c 382 

solemnizing  marriage  other  than  as  proyided   382 

mode  of  recovery  and  application  of 383,  384 

ter  ;  by  clergymen,  how  kept,  particulars,  &c 380,  881 

deputy  registrar,  how  Kept,  Ac 380 

errors  in,"  by  whom  and  how  corrected        380 

illiterate  person,  provision  in  case  of 380 

KS,  Certain  Dkclarkd  Valid.    See  Marriage^  Solemnkation  of, 378 

Women.    ^>e^  De^cerd  of  Real  and  Personal  Estate 373 

Intoxicating  Liquors 347 

Limitation  of  Actions 560-3 

Poor^  Settlement,  iifc^  of 190 

Wills,  ic 366 

IEI>  V^'OME^  ;  DEEDS  BY  859 

owledgment,  before  whom  and  how  made,  Ac 359 

certificate  of,  by  whom  and  how  made 359 

&c  ,  to  be  registered       369 

Jtk)n  of,  abroad,  how  to  be  authenticated,  &c.  859 

under  power  of  attorney,  provided  for 359 

se,  may  be  executed  by ,  separate  from  h  usband  360 

EED  WOME^  ;  PR0TKCT10!%  OF     384 

cation  by  deserted  wife,  how  and  to  whom  made  384 

tor  may  apply  for  discharge  of  order  of  protection    385 

seizing  proi^ei-ty  of  wife  after  order,  how  liable  385 

large,  &c.,  of  order  not  to  affect  existing  contracts,  &c.  386 

:ce;  after  order  wife  in  same  position  as  if  decree  for  obtained    385 

and,  may  apply  for  discharge  of  order  of  protection 386 

ensure  life,  free  from  claims  of  creditors  386 

seizing  wife's  property  after  notice  of  order,  liable  385 

e,  if  satisfied  as  to  desertion,  may  grant  order     884 

nsurance  ;  husband  may  effect  for  benefit  of  wife,  &c 386 

%  for  protection  of  wife's  property  ;  application  for 384 

entered  with  registrar  of  deeds  where  resident  384 

existing  contracts  of  wife  not  affected  by  discharge  of         386 

judge  if  satisfied  of  fact  desertion  may  grant   384 

reversionary  interests  of  wife  included  in 385 

time  when  desertion  commenced,  to  be  stated  in  385 

valid  security  for  persons  dealing  with  wife  885 

ns,  &c.,  making  contracts,  without  notice,  how  placed,  Ac.  386 

srty,  to  be  held  by  wife,  after  order,  as/cmc  sole         384 

^ions  to  apply  to  jjroperty  obtained  as  executrix 385 

I  order  made,  wife  deemed  as  if  divorced,  &c.  385 

ND  Dyked  Lands,    ^b  Sewers.  Dyke,  i^c.  230 

,  and  Woods,  BuBNiNO.    See  fFboife,  4*^ 332 

^>ee  Co9ts  ami  Fees    617 

Equity  I^ocedure      522 

JYttsts  ajid  Trustees  590-3 

»8,  APPREIWTICEi»  A!%D  i»ERVAIWT8 387 

entices,  above  14  years  of  age,  how  to  be  boimd 388 

absconding,  or  guilty  of  misdemeanor,  how  punished 389 

at  what  ages  minors  may  be  bound  as    387 

iis^int,  for  misconduct  or  neglect  of  master,  how  made,  &c 389 

hearing,  and  power  of  j ustices  to  afford  redress      389 

persons  aggrieved  may  appeal  from  order        389 

procecMiings  where  complaint  not  maintained         389 

of  parents,  Kardians,  <&c.,  respecting  children  bound  out      389 

liana ;  duly  of  as  respects  children  bound  out     389 

iture ;  how  certified,  delivered  and  sealed    388 

minor's  copy  of,  by  whom  to  be  kept        388 

terms  ofy  AC.,  as  respects  pauper  minors         388 

ir;  pKKseedings  in  case  of  misconduct  or  neglect  of         389 

{•;  above  14  years  of  age,  how  bound,  &c 388 

at  irtiat  ages,  male  and  female  may  be  bomid. 387 


688  GBMBKAL  IHDEX. 

PAGK. 

.HASTBIUI,  APPMB^rOCES  A!VD  SBRlTAlVTB-CMrtiBae^ 

Minun ;  how  bound  bv  overseefn  of  poor,  &c 3S6 

pauper,  how  bound  and  on  what  conditions         S9S 

under  1 1  years  of  age,  how  bound    3S8 

Money,  ^c,  allowed  by  master  t>  be  for  IteneAt  of  apprentice        389 

Overseers  of  poor ;  duty  of  as  res^xscts  minor  paupers SoS 

Parents,  duty  of,  as  regards  minors  bound  by  them  S^ 

Matriculation.    See  Medicine  and  Surgery       149 

Medical  Assistant.    Bee  Lutiatict,  Cu9Ufdt/,  ^c.       ^11 

Practitioner.    Oostsand  Fee» 614 

Reoibtrr.  Medicine  and  Surgery        148^q 

SuPBRiNTBNDBNT.    See  Zuno^tcf,  ^.      1^11 

MEMCIIVB  ILSU  SURGERY;  PRACTITIOIVSRII  TS      W 

Annual  meeting  of  provincial  medical  board,  when  held   l.**^ 

Appointment  of  registrar  and  secretary  of  board         146, 149 

Books  and  accounts  of  board,  open  for  examination  V^ 

Certificate  not  valid,  unless  Higner  is  registered  loi 

Definition  of  certain  terms  in  chapter     153 

Duty  of  registrar  of  provincial  medical  board \^ 

secretary  **  "  "  148 

Females,  may  practise  midwifery  in  certain  cases      1^ 

Pine,  for  falsely  i>retending  to  l>e  registered         IM 

procuring,  or  attempting  false  registry         154 

registrar  making  false  entry     IM 

Fraudulent  entry  in  register  may  be  erased \^ 

License  to  practise ;  essential,  and  how  procured \H^\^ 

mode  of  procuring  in  certain  cases  IS 

when  examination,  Ac.,  not  necessary IS) 

not  to  be  refused  in  certain  cases    Iti 

Matriculation  examination ;  certificate  of,  how  obtained 14) 

(|ualification  necessary  for  14* 

Medical  aid ;  may  be  given  without  license,  when  155 

register,  to  be  published  annually     1^^ 

what  particulars  to  contain        H^ 

when  receivable  in  evidt»nce  If) 

Meetings  of  bmrd,  how  held  and  notified  l^j^ 

Moneys,  to  whom  i)ayable  and  how  applied l-J^' 

Naval  and  military  physicians,  Ac,  not  subject  to  chapter 1*^ 

Officers  of  board;  duration  of  term  of  office l'*"' 

Penalty,  for  practising  without  regiptn' or  license  ';j 

how  sued  for  and  recovered,  «c I]** 

proof  of  right  to  practise,  to  be  on  defendant       1;^ 

Persons,  obtaining  higher  degree ;  provision  for  registry  of     1[^J 

not  registered,  cannot  recover  charges,  &c.  l''J 

practising  previously  to  18,'SO,  entitled  to  registry        l'** 

registered,  may  recover  charge.-^  at  law    1^ 

when  entitled,  but  neglecting  to  register,  «fec 1^ 

Practitioner,  convicted  of  felony ;  provision  resi)ecting     1**^ 

Preliminary  examination ;  certificate  necessar}^  IJJ 

Provincial  medical  board;  appointment  and  constitution  of,  Act 1*J 

duties  and  powers  of.  defined  1^ 

meeting  of,  annually  at  Halifax ;  proceedings  thereat  l5j 

meetingn  of,  how  summoned  and  notified    l*)^ 

rules  and  regulations,  continued  in  force  IJj 

vacancy  in  board,  how  filled,  *c Ijj 

to  whom  to  be  notified  IjJ 

Public  me^lical  ofiftcer,  &c ,  must  be  registered  Ig 

Qualification,  when  to  be  entered  on  register        Ij 

Register,  medical;  annual  publication  of,  provided  for  Ij 

copy  oi,  prima  facie  evidence  in  courts I? 

name  &c.,  of  practitioner  must  appear  in Ij 

qualifications  necessary  for  regis^  in IJ 

what  particulars  to  contain,  dl£ IJ 

Begistrar  of  board ;  appointment  and  salary  of    I* 


GENERAL  I14DEX.  689 

PAGS. 

IJBDICINE  AMD  SURGERY,  &^c.— Cpnttnued. 

Registrar  of  board ;  duties  of  defined  149,152 

forfeiture,  for  making  false  entry       165 

Schedules  to  chapter  156 

Secretary  to  board  ;  appointment  and  duties  of    148,149 

Suits  ft>r  forfeitures  and  penaltiCvS ;  limitation  of       155 

lEETlMG-HOUMES;   A»HE^iSllEMT  FOR  REPAIRS  OF       147 

Assessment,  how  to  be  made  and  apijortioned,  Ac        147 

notice  of  how  to  be  given,  &c 147 

when  necesijary,  further  may  be  made 147 

where  not  paid,  i^ws  may  be  let        147 

Kpiscopaliana  or  Wesleyans,  not  affected  by  chapter 147 

Pews  may  be  let,  where  assessment  not  paid 147 

possession  of,  how  to  be  given 147 

rent  of,  how  recoverable 147 

when  rent  insufficient,  further  assessment 147 

rKRTiNGS.    See  Joint  Stock  Compmies 280-1 

Library  Associizt ions      286 

Medicine  and  Surgery 152 

Public  Instruction  166,181-2 

Heligious  Comfregations        142-4-5 

Various  other  chapters. 

Iembebs.      See  CorporationSy  General  Provisions 276 

J}isabilitieSf  Krecutive,  S^c 8 

[B8NE  Process,  Writs  of.    See  Supreme  Courty  Pleadings.. A41  to  460,  453,  505-0,  510 

[ rLLS.    See  Rivers ^  Conveying  of  Timber y  ^c 338 

[iNEBALS.    S&e  Mines  and  Minerals.  21 

MineSy  ReguUition  of     82 

ilNEfl  AMD  !I1II%KRA£,»    21 

Commissioner  and  deputies,  apix>inted  by  governor  in  council.. 21,  22 

bonds  to  be  given  by 22 

deputies,  ineligible  to  assembly,  &c.  22 

duration  of  office     22 

not  to  be  interested  in  mines        22 

take  part  in  elections 23 

penalties  for  s'tting,  voting,  «S[c 22,23 

to  have  ix)wers  of  lustices  in  certain  cases  21,  22 

Commissioner's  office  ;  when  opened  and  closed 22 

Inspector  of  mines  ;  apiK)intment  of  22 

bond  to  be  given  by 22 

duration  of  office  22 

duties  of  22 

ineligible  to  assembly     22 

not  to  be  interested  in  mines 22 

not  to  take  part  in  elections        23 

penalty  on  for  sitting,  voting,  &c 22,  23 

salary  fixed  by  governor  in  council  22 

Terms,  used  in  chapter,  defined 21 

Title  of  chapter,  alternative  allowed  51 

QoLD  Minks 23 

Alluvial,  how  laid  out,  &c 23 

Appeal,  from  decision  of  commissioner  as  to  fraud  in  books,  <!^c 33 

deputy  to  commissioner 36 

commissioner  to  judge 36 

supreme  court    38,89 

justice's  decision 88 

judgment  final  on,  effect  of     37 

notes  of  testimony  to  be  sent  to  prothonotaiy  37 

questions  of  fact  may  be  sent  to  jury 37 

Aibitmlors ;  appointment  of  how  made     25 

aaeessment  of  damages  by,  how  made         26 

".  award  of  two,  if  certain,  filial 27 

may  appoint  a  t&ird,  if  they  disagree       26 

must  oe  sworn  before  justice  of  peace 26 

48 


690  GENERAL  INDEX. 

VASE, 

minwsm  AMD  nilMERAIi^-CoBtiiiaed. 

Arbitrators ;  notice  to  appoint,  how  to  be  given  9 

party  paying  under  award,not  further  liable    2$ 

unknown  owners,  Ac.,  proceedings  in  cases  of         iX,  87 

Aread  ;  application  for,  how  and  to  whom  made     :M,  29 

books  of  record  to  be  kept        2S,  iA 

class  No.  1,  in  quartz  mines,  how  laid  off      2S 

forfeited ;  appl  ication  for  when  receivable  2S 

form  of,  and  how  laid  out  and  measured       2S 

labor  on  yearly,  how  computed  and  regulated    2B 

plans  with  numbers  to  be  prepared,  &c ^ 

returns  of  applications  to  be  made  by  deputies ^ 

Ottsher  ;  builder  of,  exempt  from  royalty  in  certain  cases    31 

Damages  ;  applicants  may  agree  with  owner  for  25 

asse:3sment  of  by  arbitrators,  how  made 25, 26, 80 

award  of,  if  certain,  not  to  be  set  aside         ^ 

disputed  or  unknown  titles,  how  paid,  &c.  2d,  ^ 

how  recovered  in  case  of  prospecting  license  30 

licensees  or  lessees,  liable  for  in  certain  ca^es      27 

party  pay  ing  under  award  not  further  1  iable  26 

Districts  ;  declared  and  proclaimed  by  governor  in  council 23,47 

plans  of,  to  be  kept  by  commissioner  and  deputies    24 

record  books  for,  to  be  kept,  &c.  23 

un proclaimed  ;  applications  for  areas  how  made        9 

forfeited  mine,  vested  in  the  crown        2J 

warrant  to  enforce  judgment  3« 

Forfeiture  partial  ;  proceedings  in  case  of 29 

Forms  existing,  to  be  continued  47 

Gold  unlawfully  mined,  whose  property    38 

Labor  on  areas  ;  computed  and  regulated  ^ 

forfeiture  in  case  of  non-performance  of     27 

partially  performed,  proceedings  when 22 

Leases;  duration  of,  and  how  surrendered  ^ 

execution  of,  regulations  concerning  2* 

forfeiture  of,  from  what  causes     27 

notice  to  be  given,  procedure  in  case  of    36.3'* 

holders  of  ;  how  to  use  demiped  premi^e8 2^ 

liable  to  pay  royalty,  &c 3* 

when  royalty  unpaid, to  action,^.  36 

to  make  quarterly  returns 31 

issued  in  duplicate  and  registered ^ 

previously,  to  be  registered,  Ac 4* 

not  to  affect  cultivated  lands,  &c 31 

royiUty  reserved  in,  exemptions  from   31 

how  collectible 5^ 

transfers  of  interest,  encumbrances,  &c.,  to  be  regist^^d... 48, 49,51 

imexecuted  within  year,  vacated ^ 

when  more  than  one  lessee,  declaration  required ^ 

to  terminate,  and  to  be  re-leased,  Ac W 

Licenses,  prospecting ;  applications  for  how  made  30 

bond  before  obtaining 30 

duration  of  and  by  whom  granted 30 

extent  and  shape  of 3^ 

holder  of ,  entitled  to  renewal      J 

select  areas        ^ 

not  to  enter  on  cultivated  landa.....         ^ 

royalty  reserved  on • 

Lioenstd  Mills :    applicant  to  give  bond » 

commissioner  to  sign  license.        ^ 

definition  of  words J 

entries  in  books,  what  and  how  to  be  made 2 

frauds  in  accountt,  &c.,  how  punished. 2 

monthly  returns  of  to  be  made  under  oath ^^.  2 

per  centage  on  amount  of  royalty  paid .»-        ' 


OENBBAL  tNDBX.  691 

PAGE, 

IVKS  AND  RIINERAIiS-CoBtliiaed. 

Licenced  Mills:  royalty,  mill  owner  liable  to  jMy ■..        32 

non-^{>ayment  of,  action  for     32 

surrender  of  lioenee,  and  effect  on  bond 8i 

unlicensed  milliiu^,  penalty  for, 33 

Penalty,  for  frauds  in  books  of  mill  owners 33 

unauthorized  mining,  &c 37 

working  mills  without  license 33 

mode  of  recovering,  &c 88 

Private  lands ;  agreement  relating  to  entry  on         25 

arbitration  to  »ettle  damages  relating  to 25,  26 

cultivated,  entry  on  not  authorized '       81 

Quartz  mines ;  how  to  be  laid  off,  &c 23 

Returns,  of  deputy  commissioners  to  be  made  weekly 24 

licensed  mill  owners,  how  and  when  made 32 

Royalty  ;  action  for  non-iJavmcnt  of  by  lessee,  &c 82, 38 

exemption  from,  by  building  crasher,  Ac 31 

how  reserved  and  by  whom  payable        >.....        31,  38,  35 

Rules  and  rej:ulations ;  to  be  made  by  governor  in  council 47 

Sections  ;  w hat  appl  icable  only  to  gold  mines  89 

3IINK8  OTHKR  THAN  Gold  Minks,  &c.  39 

Abandoned  mines ;  how  dealt  with 45,46 

mere  colorable  working  not  to  prevent  forfeiture.  46 

notice  in  case  of,  how  given        45 

Appeal  from  decision  of  commissioner,  &c 46 

Application,  for  license  to  search,  how  made,  &c 89 

work,        "  "       40 

renewal  of  license 40,  41 

vacant  mine,  how  made,  &c 41 

must  be  accompanied  by  payment        30,  40 

Arbitration ;  proceedings  same  as  in  case  of  gold  mines 40 

Areas  ;  contiguous,  may  be  treated  as  one  in  certain  caseB     41, 44 

extent  of,  on  licenses  to  search  and  work 89,41 

licensee  may  select  square  mile       40 

space  between  reserved 43 

B'jnd  to  be  given  by  applicant  for  license 89, 41 

Crown  lands,  in  mining  districts,  may  be  leased  .'. 46 

Damages  to  private  lands  how  ascertained,  &c 40,  41 

Forfeited  coal  mine  ;  how  to  be  relet,  Ac.         46 

Forms  ;  to  be  the  sa...e  as  those  now  in  use  47 

General  mining  association  ;  renewal  of  lease 43 

Leases,  how  grantable  te  holder  of  license  to  work 41 

may  include  larger  area  than  square  mile  42 

reservation  of  barrier  round  area,  Ac.  48 

shall  t>e  executed  by  ci>mmis8ioner  and  lessee      42 

issued  in  duplicate  ana  registered 48 

not  to  be  void  for  want  of  registry,  &c 47 

transfer  of  interest  in  to  be  registered  48 

of  coal  mines  ;  duration  and  form  of     42 

how  renewable  and  for  what  period 48 

new  grantable  to  existi  ng  holders  of         48 

not  transferable  without  permission 42 

returns  when  to  be  made  and  how 45 

royalty  on  and  when  payable  44 

collectible  when  unpaid 60 

surrender  same  as  in  gold  leases        42 

when  terminable,  &c 50 

I  of  other  mines ;  duration,  form,  renewal  of,  &o.  42 

to  search ;  application  for,  and  how  granted    39,  40 

extent  of,  and  how  renewable   40 

holder  of  may  select  area 40 

payment  necessary  on  application         39 

■eparate  may  be  ^pranted  oyer  same  aiea       40 

«iinrey,  and  descnption  of  land  applied  for        ......    40 


892  cnDnoLAL  utimdi. 

FAttX. 

MllVKS  AND  IWUVERAUS— Cfmtiniiea. 

Licenses  to  search ;  surrey,  at  coAt  of  licensee 40 

work  ;  area  selected  and  surveyed  40^41 

extent  of,  how  ^pranted  and  renewed 41 

how  grantable  in  the  first  instance  41 

may  include  more  than  square  mile 42 

Haps  of  mining  districts ;  in  commissioner's  office 46 

Ownership ;  change  of  in  certain  cases  how  authenticated. SI 

Pit,  4bc.,  penalty  for  leaving  open 49 

Quarterly  returns,  how  made  and  verified,  &c    4S 

R^istry  of  leases,  licensee,  mortgages,  transfers,  &c 4S,  49 

Boyalty,  on  coal  ] 

iron  payable  quarterly,  &c 44 

other  ores  J 

how  collectible  when  unpaid         50 

Rules  and  regulations  to  be  made  by  governor  in  council 47 

Sections,  what  applicable  to  minee  other  than  gold 4^ 

Submarine  areas ;  lessee,  A;c.,  of,  may  tunnel  from  adjacent  land 47 

liability  for  damage  of,  how  afisessed,  ^ 4S 

notices  relative  to,  how  poRted 46 

Survey  of  lands  for  licensee,  made  at  whose  cost     40,41 

Transfer  of  interest  in  mining  leasee;  to  be  registered 48 

Mines  AND  Minerals.    See  Bevenue,  Oastud.,,  19 

Gold.    See  Mines  and  Minerah 23to39 

OTHER  THAN  Gold.    See  Mines  and  Mmerah 38to46 

9I11KE8,  REGUI^TION  OF       a» 

Abandoned  mine ;  fencing  of  regulated,  &c.         67 

plan  to  be  sent  to  commissioner     67 

Accidents,  explosions,  &c.,  notice  of  to  be  sent  to  commissioner      66 

form  of 65 

Alternative  title  to  chapter        ad 

Areas,  submarine ;  regulations  for  working,  &c 81 

Boys,  not  to  be  employed  under  ten  years  of  age  in  mine 60 

about  engine,  under  18  years  of  age W 

penalty  for  employing  in  contravention  of  chapter 60 

misrepresentation  by  guardian  or  i>aient  of 61 

regulations  as  to  employment  01,  under  ground        60 

time  of  emplovment  between  10  and  12  years  imder  ground        60 

Commissioner  to  decide  question  as  to  character  of  mine ^ 

Coroner's  inquest ;  on  deaths  from  accident  in  mines 70. 71 

penalty  for  breach  of  provisions 71 

Definition  of  terms  used  in  chapter fiO 

Inspector ;  accident  in  mine  to  be  reported  by 70 

duty  and  powers  of  defined 67 

penalties  to  be  recovered  in  ||ame  of 80 

plans  of  mines  to  be  kept  by  owners  and  produced 69 

penalty  for  non-production  of 6> 

proceedings  of  in  cases  of  unforeseen  danger 68 

wilful  obstruction  of,  an  offence 68 

Minerals,  subject  to  royalty ;  to  be  weighed tt 

weigherof,appointment  of  and  his  duties 82 

Notices,  may  be  served  personally  or  sent  by  mail fl 

of  accidents,  explosions,  Ac,  to  be  sent  to  commissioner 9B 

form  of...         ® 

change  of  ownership  or  working,  &c.,  to  be  sent • 

penalty  for  not  sending,  serving,  ^ Qd,V 

Penalties;  application  of  b^  commissioner  in  certain  cases W 

for  offences  against  chapter ;  liability  defined W 

in  certain  oases,  owner,  &c.,  not  liable  to  proseoutien    

other  employees  liable,  same  as  owners,  &c 

owner,  ^.,  may  be  examined  as  witness ^ 

proceedings  for,  to  be  within  three  months 

recoverable  in  name  of  inspector «.« 

payable,  on  receipt,  into  tnasury..^..*.       ,^^       ^^,^       «..«. 


I 


OBNBRAL  I»DVX.  688 

miEH,  REG1JI.ATIOM  OF— CentlnueA* 

Beturns;  by  agents,  lessees,  managers,  &c.,  hot?  to  be  made 65 

forms  to  be  furnished  and  prescribed  by  commissioner ^       66 

penalty  for  false,  &c 66 

Rules,  General:    71  to  77 

Break  and  indicator  to  machinery      75 

Chain,  single  linked,  when  to  be  used        75 

Cover,  overhead  in  shaft,  when  to  be  used 75 

Daily  insj^ection  of  machinery  and  works 76 

Dressing  rooms  for  employees  to  be  provided 76 

Drum,  slipping  of  rope  on,  how  prevented 75 

Fencing  of  entrances  to  shafts 75 

machinery,  fly-wheel,  Ac 67 

old  shafts 74 

places  not  in  use 72 

Guages  and  safety  valves  on  boilers    76 

Gun|)owder  and  blasting,  regulations  concerning    78,74 

Hoisting  machinery,  how  to  be  attended,  &c    75 

Ladders,  inclination  and  position  of 76 

Non-compliance  with,  offence  against  chapter 76 

Observance  of  directions  enjoined  on  employees     76 

Safety  lam ()s,  I'egulations  concerning  use  of     73 

Shafts,  certain,  how  to  be  used,  &c 76 

securing  of  provided  for  in  certain  cases 75 

single,  prohibited  except  in  certain  cases    63  to  65 

working,  signalling  on  provided  for 75 

Signals  and  manholes,  regulations  concerning 74 

Stations  appointed  at  entrance  to  mine...  72 

Travelling  road,  &c.,  securing  of  provided  for 75 

Ventilation  of  mine  ;  rules  respecting        71 

Water  and  boreholes ;  rules  respecting 74 

Wilful  damage,  &c.,  to  property,  provision  against 76 

Workmen  to  be  withdrawn  from  dangerous  mine.         72 

Rules,  Special;  continuance  of  existing,  provided  for    ■..    82 

How  amended,  established,  modified,  &c.         77,  78 

Must  be  approved  of  by  commissioner       78 

signed  by  inspector 77 

Notices,  relative  to,  how  ^X)sted,  &c..  77 

penalty  for  defacing 79 

Objections  relative  to,  to  be  sent  to  commissioner 78 

Publication  of,  provided  for 79 

Receivable  in  evidence,  when  certified       79 

Single  shafts,  prohibited  except  in  certain  cases  63to65 

time  for  providmg  additional,  how  extended  65 

Sabmarine  areas ;  regulations  as  to  working  of  81 

Wages ;  check  weigher,  appointment,  duties  and  removal  of  62 

proceedings  in  case  of  misconduct,  &c.  tt 

not  to  be  paid  at  public  houses,  &c 41 

payment  of  employees  by  weight,  &c.  61 

Weighing  of  minerals ;  provided  for,  &c.  82 

nsTBR.    &e  Mai'TUtge^  SoleniTiizatioji  of  378,  sou 

ntTKEiAL  Officers.    Sea  Costs  and  lees 6^ 

ncs.    See  Birds  and  Anitnals 341-2 

lOXS.         De9ce:nt  of  RefU  and  Personal  Estate         371-2 

Ouardunuand  Wards         387 

Siffhways,  Coasting  on 838 

hiiaxicating  Liquors  349 

Limitation  of  Actions    360-3 

MatterB,  Apprentices^  ^c 387-8 

Ihor,  Settlement,  ^c 189 

BrvbateCkmH        398,401 

WiOb/te 366 

ekiprime  Oomrt  and  iU  OJicers  393 

%&b  dnifrmmB  Court,  Pleadings    .^ »        .^ 458 


684  OBSBRAL  INIXEST. 

PilOB. 

MissBQUASH  CoMMi88iovsR«.    See  Severs,  Dyke^  ^c.         «..^        .»...         29^ 

MoMBT,  Epfbct  OF  Patmbkt  OF.    ^Gb  TrMts  and  TftuteeB       ^901 

Paid  INTO  CouBT.  JusticeSy  Protection  of  007 

Su^preme  CouH,  Pieadings  4«9,470 

VoTBS.    See  Municipalitiee        311 

BfoHBTB.    See  PiMic  OMcerity  Certain,  ^c ^ 

Poods,  Certain  Great        34W» 

ExpBMDiTusB  OF  ov  RoADs.    See  Poads,  Certain  Great,  8^c 3iP 

MoMTH.    See  Stafutes,  Promult/ation,  ^c,  of  5 

BfooSB.  Birds  and  Animals       340-1-2 

M0BATIAN8,  may  affirm.    See  Statutes,  Promtdffation  4 

MoKTOAOB,  Salb  OF  Lands  uifDER  FoRBCLosuRB  OF.    See  Londs,  8fC ^i^ 

MoRTOAOBB.    See  Lands,  Sale  of  under  Execution ^* 

HoRTQAOBB.  Deeds,  S^c,  JRegistry  of      96^ 

Etpiity  Procedure       528 

lAmitation  of  Actions 5W 

MoRTOAOOR.  Lands,  Sale'of  under  Execution ^^ 

MoTHBR.  Pastard  Children,  ^c 199,30l> 

MoTiOBS.  Supreme  Court,  Pleadings         ^77-4^ 

llIlJMICIPAIiITlEi». » 

Actions  a|;^inst  council,  how  broufi^ht  and  conducted. 307 

amount  of  judgment,  against  in,  how  paid W7 

county  may  be  amerced  for  amount ^ 

Affirmation,  may  be  made  by  |)er8on  authorized    ^ 

penalty  for  making  false. JJ 

Amercement ;  may  be  made  by  supreme  court. JJJ 

Aflseesment ;  levying  and  collection  of J^ 

mode  of  recorery  of,  prescribed        J* 

of  ix>or  and  county  rates,  regulated        JJJ 

payable  by  instalments  in  certain  cases  - 3J^ 

power  of  municipalities  in  matters  of     »; 

Assessors;  appointment  of ,  to  be  made  annually ^ 

casual  vacancies  in  office,  how  filled  ^ 

duration  of  term  of  office  of ^ 

returns  of,  to  be  under  supervision  of  council        Jg 

Auditors  ;  appointment  and  qualification  of  ^ 

authority  and  duties  of    ^ 

Ballot ;  wardens  and  councillors  may  be  elected  by 311 

Board  of  health  ;  appointment  of,  ^c ^ 

Bye-laws ;  council  ant horize^l  to  make,  &c ^ 

to  l)e  laid  l>efore  legislature,  when...  3W 

Cliapter  not  to  extt»nd  to  city  of  Halifax,  Ac Jfln 

Clerk  of  council ;  appointment  of  provided  for ^ 

attendance,  account  of,  to  be  kept  by ^ 

duration  of  office  of,  regulated        ^ 

duties  of  defined  and  specified ^ 

iudicial  district;  app<>intment  and  duties  of 3^ 

licenses  ;  certain  duties  to  whom  transferred      J* 

municipality ;  duties  and  powers  of —        311 

township;  ap]X)intment  and  duties  of    ^* 

town ;  certain  duties  of,  to  whom  transferred jw 

Collectors ;  allowance  to  T>e  paid  to ^ 

Committees  of  council ;  formation  of,  &c ^j 

Commons,  to  be  under  control  of  councils ^ 

Coroners;  apix)intment  and  jurisdiction  of *? 

before  whom  to  Im*  sworn  into  office ^Jl 

now  apix)inted,  not  to  be  affected...  SL 

Council ;  composition  and  term  of  office  of ^T 

organization  of,  at  first  meeting ^ 

powers  and  authority  of  specified qnii.A!r 

of  grand  jury  and  sessions  transferred  to...  "^^S 

quorum  for  transaction  of  business 

semi-annual  meetings  of,  when  to  be  held 

when  neceflsaiy,  extra  meetings  called^        ......        ....^        *-"•' 


6BNERAX  INDEX.  695 

PAOK. 

■UIVIC^IPALITIES— ConUnued. 

Councillors,  county ;  account  of  attendance  of,  to  be  kept  by  clerk 29fi 

allegiance,  oath  of,  to  be  taken  by 293 

division  of  into  section?,  how  made 290 

election  of,  first,  how  to  be  held  and  conducted    289 

in  case  of  vacancy,  how  to  be  held 298 

mode  and  manner  of  conducting        290 

notices  of  how  pfiven  and  i)08ted 290 

polling  lists  to  be  sijjned,  returned,  &c 291 

presiding  officer  and  clerk,  to  be  sworn      291 

power  and  duties  of 292 

to  have  casting  vote        290 

proclamation  a  sufficient  notice 291 

time  for  holding  in  sections,  &c 290 

exemption  of  certain  |)ersons  from  office  of 292 

fine  for  non-attendance  at  meetings 296 

first  and  subsequent  meetings,  when  held 294 

number  to  l)e  returned  for  each  district 289 

persons  disijualified  to  be  elected,  &c 291 

qualification  for,  same  as  for  house  of  assembly  291 

resignation  of,  how  and  under  what  penalty 295 

8alar>'  of,  to  l)e  according  to  actual  attendance 296 

Councillors,  U)wnship ;  duration  of  term  of  office  of  31*2 

election  of,  how  and  when  to  be  held  312 

mode  of  conducting  prescribed 312 

qualification  of  elector  defined         313 

presiding  officers  and  clerks,  how  paid  314 

meetings  of,  how  summoned  and  when  held     313 

presided  over     813 

town  reeve  to  be  elected  by,  at  first  meeting     313 

County;  desire  of  to  be  incorporated,  how  testified  288 

inhabitants,  when  incorporated,  privileges  of,  &c 289 

meetings,  how  called  and  held,  «fcc 288 

when  oj)ened  and  closed 288 

return  of  votes  to  be  communicated  to  governor 289 

counte<l  by  sheriff         288 

%,* 

sheriff,  on  receipt  of  requisition,  duty  of,  Ac 288 

shall  communicate  result  to  governor  289 

votes  in  electoral  districts,  how  to  be  taken         288 

within  what  jwriod  proceedings  may  l)e  renewed       289 

Debts  and  obligations  of,  to  l)e  assumed  by  council  303 

Districts,  what  to  he  considered  separate  counties       290 

electoral ;  jx>wer  of  council  to  alter,  «fcc.  310 

Elections,  contested  ;  rules  for  trial,  &c.,  of,  how  made  302 

Elector ;  qualification  of,  and  where  to  vote         291 

Pence  viewers ;  appointment,  duties  of,  &c 299 

Perries,  wharves,  &c.,  to  be  under  control  of  council  302 

Pinancial  year,  municipal,  when  to  end         297 

Fires,  regulations  concerning  to  be  made  by  council  300 

Pisheries  and  game,  preservation,  vested  in  council    •     299 

Grand  jury  and  sessions;  jurisdiction  of.  given  to  municipal  council  307 

not  re<|uired  to  meet ;  powers  transferred  to  council  296,300 

Jnd^ent  against  mun icipal  ity  to  bear  interest  307 

Judicial  district  courts ;  bye-laws  for  regulating  procedure  in,  how  made,  &c...  309 

commissioners,  appoi n tmen t  and  authority  of 308 

causes  may  be  continued  by  311 

councillor  not  to  be  amwinted 308 

duration  of  term  of  office  of  308 

judgments  of  may  be  appealed  from      309 

jurisdiction  of,  defined     308 

meetings  of,  how  long  to  continue         308 

not  to  be  professionally  employed 309 

powers  of,  defined  and  specified...  309,  311 
quorum,  two  to  constitute  908 


896  okmbal  iHDJfix. 

MUlVICIPAI^inES— €4Mitinaeil. 

Judicial  distriet  courts ;  commiRsionerg,  salary  of,  how  to  be  regulated 909 

districts,  clerk  to  be  appointed  for,  his  duties        309 

diyision  and  rormation  of  906 

plaintiff  or  defendant  must  reside  in       906 

fees,  to  be  same  as  in  maf^strates' courts         909 

justices ;  powers  to  cease  when  courts  established 909 

transferred  to  commissioners. 910 

meetings  of  commissioners,  when  held,  &c.  906 

witnesses,  bound  to  attend,  and  entitled  to  fees....         909 

Jury  lists ;  rcTision  of  provided  for         310 

Justices  of  peace ;  jurisdiction  of  not  affected  900, 901 

powers  of,  when  to  cease         309 

Kings  County ;  councillors  to  be  elected  for 915 

License  law ;  to  be  under  control  of  council,  &e — 901 

Lumber ;  inspectors  of  appointed  bv  council 311 

If  oney,  votes  of ,  how  and  when  to  be  passed       311 

Natural  bom  or  naturalized  subject,  only  qualified,  Ac.  306 

Oaths;  by  whom  to  be  administered,  &c.  906 

of  qualification,  by  whom  to  be  taken 905,906 

returning  officers  mav  administer  at  elections        906 

schedule  containing  forms  of 916,917 

Officers' salaries,  (fee,  regulated  by  council  90} 

Penalties;  mode  of  recovery  of,  provided  90j 

Penalty  for  refusing  to  accept  office,  &c 906 

Poor,  overseers  of  ;  appointment  of  provided  for,  &c 293,919 

support  of,  council  to  have  power  over 901 

Property  public ;  how  acquired,  managed,  &c 298 

Queens  Ck)unty ;  councillors  to  be  elected  for 917 

fiabid  animals ;  protection  against,  council  to  provide       ^ 

Bates  for  public  purposes ;  how  to  be  assessed 906 

Beceipts  and  expenditures  ;  abstract  oL  prepared 9^ 

Rivers,  obistructions  how  to  be  removedfnrom 900 

Boad  districts  ;  establishment  of  provided  for     JJJ 

moneys  ;  appropriation  list,  to  whom  transmitted  ^ 

commissioners,  accounts,  examination  of    *^ 

apix) in t men t  and  duties  of        ^ 

distribution  of,  how  apportioned,  (fee.         297 

expenditure  of,  how  accounted  for      9ft^ 

surveyors  ;  appointment  of,  provided  for     ^l* 

Boads  ;  laying  out,  maintaining,  &c.,  provided  for     901 

School  commissioners  :  appointment  and  duties ^ 

Sewers,  commissioners  of  ;  ap)K)intment  provided  for JU 

Sheriff  ;  duties  of  on  receiving  requisition  ^ 

fees  payable  to  for  services  at  elections  ^'oS 

meeting  to  be  convened  by  and  notified ^ 

return  made  to.  and  procedure  thereon  ^ 

Snow-plough  ;  provision  for  procuring,  &c.  *[f 

Statute  labor,  i)erformance  of,  by  whom  regulated 


901 


Ton  bridges  ;  not  to  be  affected  by  chapter  ** 


Township  councillors ;  election,  powers  of,  Ac.  J}5 

Townships,  municipal ;  council  of,  to  consist  of  five  members        j[: 

counties,  how  to  be  laid  off  into  by  council,  Ac J[i 

division  of,  number  and  limits,  when  decided         ^'^ 

when  to  be  made  and  published     ^."i 

incorporation  of,  when  to  take  place,  &c 5j 

mimicipal  council,  election  of  [>rovided  for,  &c ^|. 

sections,  relating  to  county,  how  far  applicable  to  ^* 

what  to  cease  as  respects       2k 

warden,  authority  and  election  of 2? 

words  applicable  to  county,  how  to  be  construed....       J* 

TreftsuTw,  appointment  and  duties  of      *S 

duration  of  term  of  office  of  jS 

Vice,  prevention  of ;  regulations  for,  how  to  be  enforced   


.•«t«> 


PAGE. 

[inVTC:iPAI.ITIE8— Continued. 

Warden ;  duration  of  term  of  office  of  292,295 

election  of,  how  to  be  ascertained  292 

justice's  power  to  be  exercised  by 300 

protection  of,  same  as  justice 308 

qualification  of  prescribed  292 

V         resignation  of  office  by  296 

return  of  votes  for  how  made         292 

right  of  to  vote,  established      310 

vacancy  in  office  of,  how  supplied 292 

where  no  majority,  how  elected  292 

Yarmouth  ;  number  of  councillors  to  be  elected  317 

U8QCASH.     ^e  Birds  <md  Animnh 341 

xrruAL  Dkbts.    ^q%  Supreme  Court,  Pleadings   470 

N. 

A  vio  ATI  ON.     See  River  Sy  Conveying  of  Timber  y  Si-c 384 

BW  AssioNMENT.    See  Supreme  Courtf  Pleadings 468 

Mattkr.  "  *'  "  468 

Roads.  Ponds  other  than  Certain  Oreai    247 

Trial.  Into.ricaiihg  Liquors 348 

Supreme  Court,  Pleadings., .  474-7-9,  484 

ON  Pros,  Judgment  of.    See  Supreme  Court,  Pleadings 468 

Residents.    See  Assesstneits,  County 114,  sqq 

Supreme  Court,  Pleadings.  460-1  -2-8 

SriT,  Judgment  OF.    See  Supr-eme  Court,  Headings 481 

ormalSchool.    See  Public  Instruction      166,186 

OTARY  Public.  Barristers  and  Attorneys 440 

OTICK,  Gazette.         Gazette  Kofice 

OF  Tr  I A  L.         Supreme  Court,  Pleadings 447,  468,  472 

to  Quit.  Croton  Lands....  .....^ 87 

Forcible  Entry  and  Detainer 682 

'OTICRS.    See  Escheating  Lands  Forfeited  to  Crown     683-4 

Horses  and  Cattle,  Stray 886 

Justices,  Protection  of 606 

Lfmds,  Sale  of  under  Foreclosure    678 

Mines.  Pe<fulation  of 66-7,  8a-8 

PoadSy  Closing  of 261 

other  than  Certain  Great 247 

Seivers,  Jh/ke,  ^c 281-7-8 

Witnesses  and  Evidence 686-7,640-6 

Various  other  chapters. 

jjttiDUS  Animals,  Destruction  of.    See  Animals,  Noxious         348 

MDIHANCES    160 

Actions,  limitation  of  162 

proceedings  in,  when  removed  to  supreme  court 162 

Cbllars,  and  vacant  lots ;  how  cleansed  161 

Dwelling  houses;  how  vacated'when  public  health  endangered      161 

to  have  suitable  drains  and  privies  160 

R«h  market  may  be  opened  and  fish  sold,  when 163 

uncleansed,  &c.,  sale  of  prohibited  162 

Ipfrfeituree  for  violation  of  orders,  &c 162 

Health,  board  of ;  court  how  constituted       160 

court  of ;  duties  and  powers  of 169,162 

how  constituted    169 

HeaHli  inspectors ;  appointment  of ,  ^c 169 

compensation  of,  bow  provided     160 

duration  of  office       169 

I  duties  and  power?)  of       169,160 

to  be  sworn  into  office  169 

te  daqfi^tenng  animals,  how  regulated  162 


698  OBNBRAL  INDBZ. 

PAOB. 

nmiflAlVCE^— Conttnaed. 

OiEeiiBiYe  substances;  Justices  may  order  remoyal  of  W 

penalty  for  allowing,  Ac.  161 

Penalty ;  for  sale  of  uncleansed  flsh,  i^c ^^ 

unwholesome  food  IW 

violating  orders,  obi>tructing  officer,  &c 1<K 

how  r-'covered  and  appropriated     1® 

Priyies  and  vaults ;  how  to  be  constructed,  &c IW 

when  and  how  to  be  emptied       IW 

offensive,  how  cleansed  IW 

Sanitary  orders,  by  whom  to  be  made  1* 

Slaughtering  of  cattle;  limits  for,  by  whom  defined  1^ 

Vacant  lotd ;  how  cleansed,  <!tc ^ 

Waste  water ;  how  to  be  dispowd  of       1® 

HuiBANGBS.     See  Streets,  Commissumers  of  ^^^ 


O. 

Oaths.    See  Barristers  and  Attorneys *3? 

Deeds,  ^c.y  Reffistry  oJ\        Ml-« 

Juries ^ 

Justices,  Jurisdiction  of  ,        *^ 

Municipalities 805-6,31G-7 

Probate  Court *W 

Sheriffs 104 

Statutes,  Promulgation,  ^c ^J 

Townships,  Certain  County,  8^c JJJ 

OBLITRTtATION.    See  WiUs,  ic ^ 

Obstructions,  Removal  of  from  Rivers     See  Rivers,  ^c ^ 

Officebb.    See  Corporations,  General  Provisions  Respeding...         278-^41 

Municifwlities.  ^ 

Relif/ious  Congregations,  i'c.  1^ 

Statutes,  Promulgation.  Ji 

Certain  Public,  their  Salaries  and  Duties.    See  Public  Officers,ic.  97 

County  and  Township.    See  Toiomhips,  Certain  County,  iSfc 18' 

OFFICERS,  l!VCORPOR4TEl>  IStRETlES  FOR     ^ 

B  «nds  of  assurance  companies  may  be  accepted  as...         ** 

Governor  in  council  may  impose  terms,  &c ^ 

Security  given  by  other  than  public  officers ^ 

Societies,  l)enevolent  &c.,  officers  may  j^ive  sureties,  A:c ^ 

Officers  of  Supreme  Court.    See  Supreme  Court  and  its  Officers S** 

Offices.    See  Vacatim/ Seats ^5 

Old  Roads.     Rofrds  other  than  Certain  Great *Ji 

Opbn  and  Pent  Roads.    See  Roads  other  than  Certain  Great «» 

Obdebs.    See  LibeHy  of  Suhjed. b(^1-^ 

M arried  Women,  Protection  of  .       8^ 

Rabid  Animals 1® 

Statutes,  Promulgation,  ^c J 

Supreme  Court,  IHeadings,  ^c 448,  4M,  462-4-5-7-8-9, 47<H 

Various  other  chapters.* 

Orioiwal  Package.    See  Intoxicating  Liquors J}* 

Ottkr.    See  Birds  and  Animals        ^ 

OvBHrHOLDiNO.    See  Forcible  Entry  mvd  Detainer .. .  5^ 

Otbrskers.  Setoers,  Dyked  and  Marsh  Land «* 

OP  Poor.    See  Lunatics,  Custody,  ^c JJ 

Masters,  Apprentices,  and  Servants 2 

Pbor,  Settlement,  ^c ^^^'S 

Works.       Assessments,  County -  »'• 


GBNSBAL  lin>BX.  699 


PA  OB. 

Panel.    See  Juries       432-^ 

Pabaprebnalia.    See  Descent  of  Real  and  PiBTSonal  Estate       ., 372 

Parknts.    See  Masters y  Apprentices  cmd  Servants SSS* 

PARi.«HBa.  C'mrch  of  England    139 

Parishionkrs.        "  **•  140 

Parliament  op  Canada,  Leoislatton  of  not  Contravened.    See  Ccniada^  ^c. 

Particulars.    See  Intoxicattng  Liquors 349,360 

JusticeJiy  Jurisdiction         416-7 

Supreme  CouH,  Pleadings 453-4,468-9 

Parties.    See  Equity  Procedure       52a 

Partition  OP  Lands*.    See  Lands,  Partition  of     570 

Townships.    See  Deeds,  i^c,  Itegistry  of  364 

PARTMRRISHIPN      600 

Arbitrations,  compulsory     600 

Chapter  not  to  conflict  with  Canada  law 605 

Compulsory  Ariutratidns  600 

Affidavit  to  be  made  by  arbitrators 600 

Arbitrators  appointed  by  court  on  failure  of  partners  to  appoint......  600 

execution  issued  after  judgment  on  award  of       601 

form  of  affidavit  made  by 601 

judgment  entered  on  award  of 601 

of  supremo  court  upon  award  of, final  601 

may  compel  attendance  of  witnesses,  &c.  601 

mode  of  proceeding  by       601 

powers  of  as  to  costs   601 

selection  of  ordered  by  court  600 

to  examine  parties  and  witnesses  under  oath        601 

make  affidavit  l)efore  judge  or  commissioner 600 

award     601 

two  to  select  third 600 

Costs  on  award 601 

Equity,  no  proceedings  in.  after  judgment  under  chapter  601 

Execution  to  issue  on  judgment  after  award  601 

Form  of  arbitrators' affidavit 601 

Judge  at  chambers  may  act  under  chapter 601 

Judgment  of  supreme  court  under  chapter  to  be  final    601 

Parties  and  witnesses  examined  under  oath  601 

Partners  two,  differences  between  at  close  of  partnership,  proceedings  to 

a^ust  600 

Petition  by  one  of  two  partners  at  close  of  p>artnership        600 

copy  of  served  on  partner  with  summons        600 

Proceedings  of  arbitrators  601 

Summons  and  petition  served  on  partner  complained  of 600 

Supreme  court  may  appoint  arbitrators  in  default  of  partners. 600 

orderarbitrators 600 

petition  to,  by  one  of  two  partners   600 

summons  to  partner  issued  from ,...  600 

to  enforce  attendance  of  witnesses 601 

paj'ment  of  judgment  and  costs  601 

give  judgment  on  award 601 

ibsue  execution  for  judgment  and  costs 601 

Umpire  to  be  selected  by  two  arbitrators    600 

Witoefises  compelled  to  attend  and  testify  on  oath         601 

Legislation  of  Canada,  not  to  be  contravened  by  chapter   605 

LooTRD  Partnerships     602 

Affidavit  of  partners  on  renewal  of  partnership 60S 

publication  of  terms  **  608 

to  be  made  and  filed  before  formation  of  partnership  602 

AHeration  is  partnership  to  make  it  general  60ft 

QHrtiflo«te»  to  be  made  and  filed  before  formation  of  jNirtnexship 602 

BiMQlatkm  of  partnership,  how  effected 60i 


■C 
AS 


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374 
533-4-5 

371 


/ •      tfiif" './  'W^.  /.■„/.,wj  '.'.' 3J7 

'""'-  tiO^efl 


OiraCBRAL  INDEX.  701 

PAQB. 

Petitioners.    See  Landsj  Partition  of 672 

Trusts  and  Tnist'ees  603 

Pktitions.    See  MectionSj  Controoerted. 13,14,15 

Lands,  Partition  of 570-1-2 

Trusts  a7\d  Trustees      690 

1*KW8.    See  Meeting  Houses f  Repairs 147 

Pheasants.    See  Birds  and  Animeds       341 

I*HY8iciAN.  Jails  and  Couniy  Buildings 180 

Luwttics J  Custody f  i'c 209,  sqq 

\M  edicine  and  Surgery 14o 

1*ITS.    See  Afities  and  Minerals 49 

Pl*AGUK.    See  Boards  of  Health 168 

Plaintiff.    See  Costs  and  Fee3 614 

Justices,  Protection 607-8 

Plans.    See  Deeds,  ^-c,  liegistni  of ,        364 

Mines  and  Minerals .• 24,46 

Beifulation  of  67-9 

Seicers,  liyked  aiicC Marsh  Lands...  234 

Witnesses  and  Evidence        546 

PJLRA.  Escheating  Jjfrnds 684 

Supreme  Court,  Pleadings.' 458-9,  466  to  471 

Pleadings.        "  "  "  4(i3to471 

AND  PiiACTiCE  IN  THE  SuPBKMK  CouBT.    See  Supreme  Court,  Plead- 
ings, 4fc 441 

Poll  Tax.    See  Assessments,  County 113 

POOB.     See  Municipalities 296,301,813 

POOR  BMTRlCTlit  197 

Districts  ;  88  established,  continued         197 

division  of  township  into,  provided  for      197 

Expenses  of  paupers,  adjustment  of 198 

Order  for  division  of  township  to  be  posted 197 

Rateji  pending  not  invalidated.  &c.  198 

Sessions  may  order  division  of  township       197 

adjust  expenses,  &c..  198 

Poor  nou8E8.    See  Poor,  Settlement,  i^c 198 

Rate8.  Assessments,  County 115-6 

POOR;  HETTIiftiraE.^T  Al%]>  SUPPORT  OF      189 

Adjournment  of  meeting,  may  be  made  if  necessary 198 

Advertisement  of  meeting,  to  be  posted  by  overseers 192 

Appeals  ;  costs  on,  how  taxed  and  allowed     191 

to  be  recovered  if  unpaid...  191 

in  cases  of  dispiited  settlement 191 

undue  removal         , 191 

may  be  to  supreme  court  or  to  sessions 191 

of  persons  over-rated :  sessions  to  relieve 194 

Assessment ;  where  neglected,  sessions  may  amerce    194 

Assessor ;  maj' excuse  person  unable  to  pay  20  cents..         194 

not  exemi>t  trom  assessment 195 

penalty  for  neglecting  to  assess  himself...  195 

Board  of  poor,  not  to  be  put  up  at  public  auction        196 

Children  ;  settlement  of...  190 

supported  by  township  where  parents  had  settlement.  191 

Clerk  of  poor  district;  appointment  and  duties  of...  192,195 

remuneration  of,  provided  for 192 

same  person  may  be,  and  treasurer  196 

CWlector ;  appointment  of 192 

commission  allowed  to,  fixed  by  sessions.  195 

fine  for  neglect  of  duty 196 

refusal  to  serve.  195 

general  return  to  he  made  by,  to  justice     193 

warrant  to  be  issued 198 

to  account  and  pay  over  quarterly 196 

'  .AiAadtioBL  of  teriii8  in  chapter 189 

-    KttliliM;  pKOp«rty  of  persons  forsaking,  how  dealt  with 191 


70S  GSNBaAL  INDXX. 

rOORy  SETTI«EIIIENT,  &c«~<:antliiiied» 

PoitfeitureD ;  application  of,  when  recovered 195 

by  col  lector  for  neglect  of  duty  and  refusal  to  serve ^         185 

overseer  for  ne^lectin^  to  render  accounts 191 

refu*«inK  to  serve 194 

persons  improperly  b.  inging  paupers  into  township...  19S 

Form,  of  general  warrant  of  distress...  106 

General  warrant  of  distresA ;  fees  payable  under I9S 

how  directed  and  executed 19S 

poor  an<l  county  rates  included  in 196 

schedule  containing  form  of 196 

Halifax  city ;  provisions  how  far  applicable  to 196 

Insane  pau^iers ;  examination  relative  to,  how  made 190 

Kin,  persona  near  of;  to  support  pool  relatives,  &c...         190 

Married  women,  settlement  of.  190 

If  inors ;  settlement  of,  how  obtained 189 

Overseers;  accounts  of,  how  and  when  rendered 19( 

annual  f^ipointraent  of,  how  made 189 

api)eal  by,  in  certain  cases...  191 

appropriation  of  moneys  received  by ]9f 

audit  of  accounts  of,  by  sessions. 191 

bond  to  be  given  by  clerk  of  district 196 

collectors  to  account  to  quarterly 195 

fine  for  neglect  to  render  accounts        191 

refusal  to  serve 194 

notice  of  meetings  to  be  given  by        !92 

poor  hou'^es  built  or  hired  by,  &c 198 

proceedings  at  meetings  called  by       192 

re-payment  of  expenses  to,  in  certain  cases 196 

Poor  bouses,  overseers  may  build  or  hire,  and  manage        19S 

title  in  whom  vested,  &c.  191 

Removal  of  pauper ;  proceedings  for  improper,  Ac 191 

preparatory  to    190 

where  overseers  neglect  190 

Sessions ;  accounts  of  poor  hou»*es  to  be  submitted  to 198 

appeal  to  in  certain  cases ;  proceedings 191 

audit  of  accounts  of  overseers  by    IW 

may  amerce  township  in  certain  cases 19* 

'  Settlement ;  definition  of  term 189 

disputed,  appeal  in  case  of         191 

how  gained,  and  who  entitled  to      1^ 

of  legitimate  and  illegitimate  children 19^^ 

married  women 190 

to  cease,  when  new  one  gained 190 

when  district  divided,  how  regulated  190 

^wn  meetings  ;  clerk  and  treasurer  appointed  at       195 

days  for  holding  19i 

deficiency  may  be  voted,  when         198 

how  called,  advertised,  &c 192 

may  be  adjourned,  if  necessary        198 

proceedings  at,  regulated  19* 

Township;   definition  of  term        189 

inhabitants  to  hold  meetings,  &c 192 

liable  for  support  of  poor  after  notice    19^ 

may  be  amerced  and  by  whom         19^ 

Treasurer  ;  appointment  and  duties  of  195,1^ 

Warrant  of  distress,  general ;  form  of      198 

when  to  issue,  &c.  m 

P088BB8I0N.    Bee  Croum  Lands        SSffl 

WBiTOF.    Bee  Lmuh,  SaU  of  under  Fcn'ecbmtre        W 

PoUTHUiiOUB  CHiLPRBN.    Bee  Descend  Of  Heal  ^c^  EttoU      W 

PcnmDBBBACH.    Bee  Fences,  Fence- Viewertf  ^c M| 

Rent,  Diatress  for        "^ 

Kkkpsb.  Fmice$,Fenc^Viewer9,ic. \...^ 


GENERAL  INDEX.  70S 

PACUS. 

J.    See  Fences,  Fence- Viewers,  ^c,       187-8 

OF  Attorney.    Bei^  Deeds/^Cj  Registry  of  8ft2 

SuPRKMR  Court.    See  Supreme  Cnurt  and  its  Officers  391 

CB.    See  EgHitt/ IVocedure  521  sqq 

and  Pleadings  in  Supreme  Court.    See  Supreme  Court,  IHeadings,  ^c 441 

TiONKRS  IN  Mkdicink  AND  SuRGRRT.    See  Medicine  and  Surgery    148 

iiNARY  Examination.    See  Banisters  and  Attorneys    437 

Medicine  and  Surge/y 149 

IIPTION.    See  Limitation  of  Actions    606 

<rTMENT8.         Assessments  County  Ill 

IVATION  OF  Roads.    See  Bonds,  Preservation  of  259 

USEFUL  Birds  and  Animals.    See  Birds  and  Animais 340 

fPTiON.    See  Limitation  of  Actions      566 

»jtion  of  Corrupt  Practices  at  Elections.     See  Elections,  Corrupt 

Practices  at    9 

Frauds  AND  Perjuries.     See  Frauds  and  Perjuries 374 

ON  Creditors  by  Secret  Bills  of  Sale.    See  Bills  of 

Sale,ic 376 

FY  OF  Counsel.    See  Suprerne  Court,  Pleadings  479 

INLANDS.  Mmes  and  Minerals 25-6,31 

8.  Nuisances  166 

rCouht.    See  Costs  and  Fees      618 

Stipreme  Court,  Pleadings         481 

iAXE  COt'RT,  AIVB  PROCKbVRE  THBREIN 395 

colligendum  letien,  hoYf  to  he  gx^nted 409 

must  be  re^ietered       407 

ministration ;  application  for  tx)  be  in  writing        395 

by  whom  granted  and  how        305 

how  granted  when  deceased  dies  out  of  province        305 

rirhtfi  of  absent  i)artie8  reserved  a8  to      396 

to  whom  granted,  and  in  what  order  396 

with  will  annexed*  in  what  cases  granted 409 

ministrator ;  another  may  be  associated  with  next  of  kin    396 

bond  given*  by,  and  when  to  be  renewed 397 

form  of         413 

commission  to,  allowance  and  apportionment  of    406 

costs  payable  by,  in  what  cases,  and  how         405 

creditor' of  estate,  account  when  filed  by 402 

de  bonis  mm,  may  execute  conveyance,  when    400 

recover  on  judgment,  when         400 

deeds  executed,  effectual  as  if  made  by  deceased  400 

distribution  to  be  made  by,  after  18  months  405 

final  settlement  of  account,  evidence  of  what  facts       404 

fine  f«»r  neglect  to  file  inventory 397 

inventory  to  be  filed  by,  within  three  months 397 

may  be  cited  to  account  after  eighteen  months      405 

ordered  to  \ye.y  estate  m<  ney  into  bank  400 

required  to  convey  lands  in  certain  cases 400 

cite  co-administrator  to  account 405 

oath  of  to  be  reduced  to  writing,  and  signed  by     397 

proceedings,  when  required  to  account,  &e 403 

real  estate,  affidavit  of,  evidence  as  to  sale  of,  &e 400 

successor  may  cite  to  account,  on  removal       409 

ten  days  notice  of  citation  to  be  given  to 405 

vouchers  to  be  pro<luced  by  on  accounting      404 

when  preferred,  if  apix)inted  out  of  province         397 

security  not  given  by,  another  appointed  397 

mtiaemeiit ;  for  absent  parties  on  division  of  estate     401 

final  settlement 403 

of  sale  of  real  estate,  and  adioumment     399,  400 

must  be  inserted  in  Baiifal  QazdU^  and  how  long         39B 

IdBfit:  to  be  anneied  to  account  against  estate  410 

pial;  bond  to  be  given  by  appellant  within  what  period     407 

«o«rt  oft  magr  enforce  return  of  pf4)eiB  by  attachment       406 


704  OBNBRAL  UIBXZ. 


raOBATE  COURT,  &«•— €)oMtinae4. 

Appeal ;  court  of,  may  order  feigni»d  issue  to  be  made  up,  Ac 406 

remit  cause  in  certain  cases  406 

tax  coMt8,  and  enforce  payment...  406 

papers^,  &c.,  to  be  transmitted  by  judge  of  probate  407 

entry  of,  when  to  be  made,  and  statement  nied  407 

feigned  issue  may  be  ordered  to  be  made  up,  &c 406 

for  special  cause,' time  to  be  extended  for      406 

hearing  of ,  provisiond  respecting,  Ac 407 

judge  of  probate  to  transmit  papers,  &c 407 

supreme  c  )urt,  ];)ower  of,  as  regards        407 

to  be  made  directly  to  supreme  court  4U7 

when  i)erfected,  a  8tay  of  proceedings     407 

Appraisement ;  isstue  and  return  of  warrant  of 906 

warrant  of,  to  be  filed  with  inventory        396 

Appraisers ;  fees  of  regulated  according  to  employment  996 

oath  to  Im)  taken  by,  and  certified  on  warrant 996 

Assets,  surplus ;  distribution  of  ordered         406 

Attachment  for  contempt;  form  of         411 

Attestation  of  accounts ;  form  of,  prescribed  and  given dS)6, 410 

informality  in,  pro videil  for        998 

Bond ;  administrator  required  to  give,  and  form  of     3^,  418 

renew  in  certain  cases    997 

executor  may  be  ordered  to  give,  in  certain  cases         409 

for  1  icenae  to  sell  real  estate,  form  and  how  given 300, 419 

on  api)eal  f ri)ni  decision  of  judge  of  probate   407 

death  or  insolvency  of  surety,  new  to  be  given 997 

suit  on,  how  and  when  to  be  commenced         406 

Canadian  legislation,  not  contravened,  &c.  410 

Citation;  on  final  nettlement,  on  whom  to  be  served,  &c.         409 

service  of,  how  made,  &c.,  expense  how  borne,  Ac.  4W 

to  administrator  by  successor  409 

co-executor  by  executor,  after  eighteen  months  40?» 

executor,  by  i)arty  interested,  after  eighteen  months  405 

to  give  security  for  sale  of  land        399 

widow,  to  take  or  renounce  administration  396 

Commission.^,  to  executors,  &c.,  how  allowed  and  apportioned 406 

Costs ;  bond  for  to  be  given  on  appeal  to  supreme  court 407 

CO urt  <if  api)eal  may  award ,  and  enforce  pay ment  408 

order,  &c.,  on  feigne<l  issue      408 

how  allowed,  recovered,  reviewed,  &c...  405 

taxed  on  division  of  estate 4(ti 

of  serving  citation,  bv  whom  to  be  borne 404 

value  of  estate  as  to,  now  estimated  at  first 409 

Court  of  chancery  ;  powers  to  be  exercised  by  in  certain  cases 406 

Debtor,  naming  as  executor,  not  to  be  extinguish  debt 403 

Debts  ;  desi)erRte,  proceedings  for  disi)Ofial  of . . . .  402 

executor,  &c.,  to  pay  after  18  months 405 

mortgages,  judgments,  &c.,  not  to  be  affected 406 

preferential,  order  in  which  to  be  paid 406 

proceedings  where  i)ersonal  estate  insufficient  to  pay    399 

undevised  real  estate  first  sold  to  pay        999 

Decrees,  book  for  registry  of,  to  be  kept 4(f7 

may  be  api>ealed  from,  and  how 40? 

must  be  regularly  filed  and  registered 4W 

Division,  of  real  estate ;  judge  may  order  among  next  of  kin,  &c ^ 

assignment  of  dower  on        Jj 

plans  to  be  prepared  for JJJ 

shall  confirm,  amend,  or  reject,  with  costs,  dbiu  ^ 

made  by  three  disinterested  freeholders,  sworn ^  2 

minors  to  have  guardians  appointed  for  them 2 

not  valid,  unless  two  freeholders  concur  in -  ^ 

notices  to  be  given  and  published  before  i  iiiiflijMtlii 

oi»         ••••••        ••••••       ••••••  ^^ 


GSNEBAL  INDEX.  705 

PAGE. 
OBATJB  COLRT,  &:c.-ConUnued. 

DiTiflion,  of  real  estate ;  proceedings  in  case  cannot  be  made  without  prejudice.  401 

of  among  collater^s,  <&c 402 

whole  may  be  ordered  to  one  heir  in  what  cases...  402 

Dower  may  be  assigned  on  division  of  real  estate 401 

Evidence  ;  affidavit  of  executors,  itc,  of  advertisements,  &c 400 

conveyance  i )re.sujnpt i ve  that  omnia  rile  acta 400 

final  settlement  conclusive  of  certain  facts 404 

Execution  for  costs ;  furm  of •. 411 

Executor  ;  advertisements  to  l>e  published  by,  in  Gazette,  Ac 898 

affidavit  for  license  to  sell  real  estate,  made  by...  399 

after  18  months  to  make  distribution,  &c 405 

authority  of,  may  be  cancelled  in  certain  cases...  409 

commission,  how  aDowed  and  apiX)rtioned 406 

creditor's  debt  not  extinguished  by  naming      403 

foifeitui-e  for  neglecting  to  file  inventory 397 

prove  will 408 

further  inventory  may  be  filed  by...  397 

inventory  shall  be  filed  within  3  months.  897 

may  adjourn  sale  of  real  estate 400 

apply  for  ci tuition  for  final  settlement 403 

be  cited  to  account  after  18  months ^        405 

hy  his  successor         .*.....  409 

ordered  to  give  security 409 

pay  money  into  bank 409 

cite  co-executor  to  account 405 

new  may  be  appointed  in  certain  cases 409 

notices  of  sale  of  real  estate,  given  by 399 

oaths  to  be  reduced  to  writing  and  signed       397 

refusing  to  act,  administration  granted      409 

security  to  be  given  by,  Ijefore  license  to  sell    399 

si)ecific  comjiensation  to,  in  lien  of  commission 410 

v«mchers  to  be  produced  by  on  accounting 404 

when  creditor,  account  when  to  be  file«l    402 

security  not  given,  another  appointed     409 

Final  Settlement;  all  parties  interested  may  contest 404 

citiition,  form  of,  how  and  on  whom  served,  &c 408 

conclusive  evidence  of  certain  facts 404 

hearing  may  be  adjourned  and  auditors  appointed.         404 

powers  of  court  as  respects 404 

vouchers  to  be  produced  by  executors,  <fec.         404 

Forms ;  schedule  containing,  &c 410  to  414 

Guardians,  apjwinted  for  minors  on  division  of  real  estate        401 

Guardianship,  letters  of,  must  be  registered  407 

Insolvency  of  estates,  how  declared  and  how  to  be  pleaded      403 

judgments,  mortgages,  &c.,  not  affected        406 

order  in  which  assets  are  to  be  distributed  406 

Inventory  ;  articles  t<3  be  omitted  in  making       897 

forfeiture  for  neglecting  to  file     897 

further  to  be  filed  within  reasonable  time        897 

must  be  filed  within  three  months  897 

Judge  ;  appointed  by  governor  in  council  and  sworn        396 

duties  of  defined.    See  chapter, />«Mf>/i  

interested  in  estate,  case  transferred        895 

not  to  be  professionally  concerned  407 

power  to  Lssue  compulsory  process,  &c.  409 

surrocate  may  be  appointed  by,  in  certain  cases    410 

LioeiDse  to  sell;  entry  and  registry  of  provided  for 899 

evidence  of,  what  to  be  sufficient  899 

how  granted  and  on  what  proof        899 

long  to  continue  in  force    899 

notices,  now  given  and  authenticated 899 

proceedings,  where  security  for  not  given 899 

eecurity  to  be  given  before  issue  of 899 

44 


706  GENERAL  INBEX. 

VABt* 

PROBATE  COURT,  A^.— Continued; 

Oaths ;  Judge  may  authorize  admioiptration  of  In  certain  cases 410 

Process  compulsory  ;  may  be  issued  by  judge      409 

Proctor,  not  necessarily  to  be  employed  in  proceedings  409 

Registrar,  applications  to  be  entered  by  in  act  book  895 

published  in  the  Royal  Gasette      895 

appointed  by  governor  in  council  and  ewom      596 

books  and  papers  to  be  under  control  of      407 

different  books  to  be  kept  by,  prescribed  407 

not  to  be  professionally  employed 407 

temp(»rary,  may  be  appointed  in  ct^rtain  cases    ^ 

Safes,  ftre  proof  ;  counties  may  be  assessed  for  410 

justices  may  amerce,  if  no  assessment    410 

provided  foV  preservation  of  records,  &c 410 

Surrogate  ;  appointment  of  provided  for  in  certain  cases 410 

duties  and  powers,  same  as  those  of  judge 410 

Warrant  of  appraisement ;  form  of         418 

Wills ;  applications  for  probate  of,  to  be  in  writing    395 

reconling,  &c.,  when  made  out  of  province 395 

forfeiture  on  executor  for  refusing  to  prove      408 

how  proved  when  witness  absent,  Ac 396 

•  original,  when  and  how  taken  from  office        409 

registry  of,  to  be  tmnncript  of  original      407 

Witness ;  attendance  of  may  be  com^>el led  by  ^udge 409 

form  of  attachment  to  be  issued  against  411 

punishable  for  contempt  as  in  supreme  court  409 

Probatk  OF  WILL.    See  Witnesses  (md  JSiyidence         544 

Prockdurr  IN  Kquity.    See  Equity  Procedure 53U 

JuBTTCKs' Court.    See  Justices y  Jurisdiction     414 

Phobatk       "  Probate  CouH        39f' 

SuPRKMK      *•  Supreme  Cox^rt,  Pleadings  441 

Pbocesh.    See  Equity  Procedure 0*21,  aw 

Justices^  Jurisdiction 4*a> 

P^obate  Court      409 

Supreme  Court,  Flemings        447 .  sqq ,  48*.>,  sHjq 

Trust8andTruste.es  501-1.' 

Pboclamations.     See  Witnesses  and  Evidence  Ml 

Proctor.    See  Costs  and  Fees   617,  (WO 

Probate  CouH  409 

Promulgation  and  Construction  of  Statutes.    See  Statutes,  Promulgation,  ifc     2 
Property.    See  Assessments,  County  '. 113 

Wills,  4^c m 

Crown,  Trkspassks  TO.    See  Croim  Property      9*2 

Public,  Trustees  OF.  Public       **     * 31J* 

Proprietors.    See  Common  Fields 24(' 

Sewers,  Duked  imd  Marsh  Lrmds        237 

Pbosprctinq  License.    See  Mines  ami  Minerals        30-1 

Protection  of  Constab  les.    See  Constables,  Protection  of  COJ^ 

Justices  of  the  Peace.    See  Juidices,  Protection       t)l»^' 

Marribd  Women  in  certain  Cases.    See  Married  Womni,  Pro- 
tection of  3&4 

PROTHOWOTARIEH.     106 

Prothonotary ;  appointed  by  governor  in  comicil 106 

bond  to  be  given  by 106 

fees  received  by,  annual  return  of 106 

may  act  as  clerk  of  crown 106 

Prothonotary.    See  Co^  and  Fe^ts iUO-l-S 

Juries     42i3^  m 

Statutes,  Promulgation X 

Supretne  Court  and  its  Officers         39M 

«  *•       PUadinas  464,462,470-3-5-^9,4804 

Protince,  Absence  VROir.    See  Limitation  of  Actimts      MM 

Actions  FOR.  *•  *«       560,884 

PROTincial  Examhtbrs.    S^  Public  Ingtructian 164 


-  ".w 


GENERAL  INDEX.  707 

PAGR. 
Provincial  Loan.    See  Public  Officers,  8rc 99 


Medical  Boa iiD.    ^e  Medicine  and  Surgery 148,  151,  sqq 

Secretary.    See  Public  Officers  ...        97-8 

StatuteSy  PromtUfffition        5 

Secretary's  Office.    See  Cosf^  and  Fees.  *....  610 

Treasurer.    See  Public  OJficers      97-8 

Provmions,  Certain  RESPEcriNO  Railroads.    See  Railroads,  Provisions  Respect- 
ing  271 

Public  Accounts.    See  Public  Officers.'. 97-8-9 

Buildings.  *•  •'  98-9 

PUBLIC  EXHIBITIO.\S 335 

Application  for  license  for,  to  whom  to  be  made,  &c 335 

Clerk  of  license,  duty  of  on  application  for  license     335 

when  absent,  or  re>iidencc  distant 335 

Pee  to  clerk  or  justices  granting  license 335 

Fine  for  unlicensed  exhibition,  how  recovered,  &c 385 

Fines,  &c.,  clerk  of  license  to  receive  and  pay  over    335 

Halifax,  city  of,  exempt  from  o|ierat ion  of  chapter 335 

License,  how  applied  for  and  obtained.  335 

jiL*it ices  may  grant  in  certain  cases 335 

not  oi>erativc  out  of  county...  385 

l)enMlty  for  exhibiting  without 385 

Treasurer,  county;  fines,  &c.,t)  l)e  paid  over  to 336 

PIJBI.IC  GBOVIVBN,  Sl'PKBVINOBK  OF. 819 

Appointed  by  sessions  on  application  of  freeholders 319 

Encroachments,  &c.,  upon  roads,  proceedings  in  cases  of    320 

Expenses  of  removing  encrojwhment ;  how  borne,  recovered,  &c 321 

Fine  for  disobeying  written  order  of       321 

Incorporated,  and  by  what  cor}K)rate  name     320 

Lands  and  pro^^erty,  what  exempted  from  chapter 320 

Leases  of  public  lands,  how  made  and  for  what  term 320 

Legal  title,  of  what  grounds,  &c.,  vested  in  320 

Order  of  ;  ap])eal  will  lie  from  to  supreme  court 321 

if  confirmed,  cost«  of  appeal  how  paid 321 

reversed,  "  ♦<  "  322 

proof  of,  what  sufficient  on  trial  321 

record  of,  to  be  signed  and  filed 321 

Roads,  affected  by  provisions  of  chapter 323 

disputes  as  to  line  or  width  of,  how  settled      323 

freeholders  appoint*»d  to  lay  off  and  widen 322 

order  for  widening,  how  to  be  made.  Ac  322 

proceedings,  to  be  submitted  to  sessions,  &c 322 

sessions,  to  take  action  on  order  if  approved   322 

width  of,  restricted  to  8ixty-«ix  feet  322 

Sections,  18,  14, 15,  16,  not  to  apply  to  city  of  Halifax 323 

PlJBIilC  IIVSTRUCnOIV     ....'. 163 

Academies,  county  ;  amount  of  annual  grant  to  181 

grant,  how  applie(l  and  payable  181 

Aasessmentfi ;  additional,  equal  to  30  cents  per  liead,  annually,  how  made  177 

how  paid  and  approi)riated,  &c 177 

ratio  in  which  schools  shall  participate  177 

amount  of ,  (.del  k  of  iDeace  to  notify,  and  to  whom     178 

one  half  to  l)e  advanced  annually  from  treasuiy  178 

charj^e  on  estate  in  hands  of  representatives,  &c 179 

definition  of  certain  terms  in  sections  54,  58       178, 179 

disposition  of  in  section  not  provided  with  schoolhouse         177 

exemption  of  certain  property  from  seizure  for 180 

how  collecterl,  when  majority  of  rate-payers  determine  on     177 

in  case  of  transfer,  to  be  a  charge  on  tlie  property  179 

on  property,  in  hands  of  assignees,  &c 179 

executors,  trustees,  &c 180 

of  corporation,  or  company  or  firm        180 

non-residents,  where  to  be  made 179 

persons  over  60  years  of  age 180 


708  GBMSRAL  IVDSZ. 

PAOS. 
PIJBUG  INSTRUCTION— Continiied. 

AflSMsments ;  poll  tax,  how  to  be  assessed  and  levied 177 

roil,  may  be  referred  back  to  assessors  in  certain  cases  181 

section  to  receive  benefit  of,  in  certain  cases       181 

where  rate-payers  refuse,  Ac,  to  make,  procee<lings 179 

Books,  how  prescribed  and  supplied 163,175 

secretary  of  trustees  to  take  care  of  175 

Border  section ;  definition  of  term 186 

returns  of,  how  made     174 

City  of  Halifax ;  authority  and  constitution  of  board  of  commissioners 186 

board  may  aid  any  free  school  in  city      186 

borrow  money  for  sites  and  buildings         187 

dispose  of  debentures  at  current  rates 188 

effect  insurance  on  school  houses 189 

issue  debentures  bearing  interest  187 

shall  furnish  annual  report,  returns,  &c 186 

provide  sufficient  accommodation,  «!!^c 186 

title  of  public  school  property  vested  in  188 

vacancies  in,  filled  by  city  council 186 

chairman  of  board,  how  to  be  selected  188 

city  council,  authorized  to  assess  city  for  school  purposes 186 

limit  of  amount  to  be  assessed 187 

mode  of  levying  and  collecting  assessment    187 

objects  to  be  provided  for,  out  of  assessment         187 

treasurer,  to  i>ay  over  assessment  to  board     188 

poll  tax,  how  to  be  levied  and  collected,  &c 188 

provisions  of  chapter,  how  far  applicable  189 

remuneration  to  board,  fixed,  and  hew  apportioned    188 

Oommistioners ;  appointment  of  by  governor  in  council,  how  made 166 

boards,  consolidation  of  in  certain  cases,  how  made     166 

certificate  of  distribution  of  school  moneys,  how  forwarded....  167 

council  of  public  instruction  to  fix  times  of  meetings 163 

exemption  from  school  rate,  of  inhabitants  of  inlands,  Sec 169 

inspector's  report,  to  be  received  and  examined  by      166 

when  approval  withheld,  proceedings    167 

itinerant  teachers,  money  how  granted  to      167 

meetings,  semi-annual,  proceedings  at    166 

8i)ecial,  how  held  and  notified,  &c 166 

poor  sections,  special  aid  to  be  panted  to 168 

ix>wers  of,  to  alter  existing  sections,  and  how 167 

ap()oint  trustees  in  certain  cases      168,  169 

cancel  or  8usi)end  teachers' licenses        167 

declare  school  houses,  &c.,  imtit,  Ac 167 

exempt  from  school  rate  in  certain  cases 169 

report  8USi>en8ion  of  teacher  to  superintendent...  iri8 
settle  disputes  between  teachers  and  trustees        167 

unite  two  or  more  school  sections  168 

withhold  provincial  grant  in  certain  cases...  167 

real  estate,  may  be  held  by,  in  trust,  &c 168 

returns,  of  academies  and  schools,  time  for  lodging,  fixed  by      166 

select  committee  of,  to  i)erform  certain  duties       168 

when  county  grant  may  be  withheld  by         168 

Common  schools ;  amount  of  annual  provincial  grant        175 

grant,  how  appropriated  and  paid 175 

Council  of  public  matruction;  executive  council  to  form 168 

five  to  be  a  quorum    163 

powers  and  duties  of  defined,  viz, : 

to  appoint  inspectors  of  schools 168 

provincial  board  of  examiners        164 

arrange  lor  apartments  for  different  sexes   161 

determine  appeals  from  commissioners,  Ac.  161 

draw  from  treasury,  grant  for  libraries   ...  IH 

Ac^  sum  for  publication  of  amnial 

report       16i 


GENERAL  INDEX.  709 

PAex. 
PVBI^IC  IMSTRrCTlON— €)ontlnaed. 

Council  of  public  iu^truction ;  powers  and  duties  of— continued, 

to  draw  &c.,  sum  to  j[>ay  proTincial  examiners  164 
ftx  time  for  semi-annual  meeting  of  com- 
missioners  168 

make  provision  to  meet  exigencies,  Ac,      164 
regulations  concerning  normal  school.  168 
relative  to  county  acade- 
mies  164 

modify  provision  as  to  county  inspectors     164 

prescribe  foroi  uf  school  registers       163 

text  books,  apparatus,  &c,.„         168 
regulate    drawing    and    expenditure   of 

moneys 163 

holidays,  vacations,  &c 168 

school  boards,  &c 165 

superintend  normal  school,  &c 165 

District ;  definition  of  term  in  chapter 186 

Free  school,  public,  where  compulsory 179 

**  Grand  totfll  number  of  days  attendance"  defined 176 

Grant,  not  to  be  less  than  that  for  year  1872 176 

Halifax  grammar  Bchool,  title  to  not  vented  in  commissioners 188 

Inspector;  apjwinted  by  council  of  public  instruction...  168 

certificate  of,  evidence  as  to  school  sections     184 

duties  of  defined,  as  foUowSy  viz.: 

to  act  as  clerk  of  board  of  commissioners 183 

aid  superintendent  of  education 188 

trustees  and  teachers,  ^c...  188 

appoint  place  for  lodging  returns,  &c 188 

diffuse  information  as  to  school  houses,  &c 188 

draw  and  distribute  provincial  grant 188 

give  bond  for  dischar^  of  duties      188 

hold  public  meetings  frequently...  188 

keep  on  hand  and  distribute  blank  forms 188 

record  of  boundaries  of  sections 188 

make  and  transmit  re]X)rt  and  returns 183 

visit  and  in8i)ect  schools,  &c.,  semi-annually  188 

exempt  from  statute  labor,  &c 185 

pay  and  allowance  of  defined  182 

Libraries;  grant  to  be  drawn  from  treasury- 164 

how  niana^d  and  regulated,  &'c.         164 

Normal  school ;  appointment  of  ])rincipal  of 186 

council  to  regulate  and  superintend 165 

exemption  of  teachers  from  statute  labor,  &c 185 

Provincial  examiners ;  how  apiK)inted  and  paid 164 

Public  free  school;  where  compulsory 179 

Rate  payer;  definition  of  term 186 

fietums  of  commissioners,  when  and  how  made 166 

trustees,  when  and  bow  made 173,174 

penalty  for  false  by         174 

when  to  be  lodged  at  insfjector's  office    166 

Schedule  of  grant  to  county  academies 181 

School  meetings ;  annual,  when  and  where  held 181 

how  called  and  organized. 181 

penalty  on  rate  payer  for  false  declaration 182 

rate  payers  to  decide  amount  to  be  raised 182 

right  to  vote  at,  when  challenged 182 

sale  of  school  houses,  how  decided  at.         182 

School  yiflitors ;  who  entitled  to  be  &r-o»^Ecib       185 

year;  to  consist  of  winter  and  summer  terms 185 

of  board  of  commissioners  ^  inspector  to  act  as 188 

appointment  of,  how  made      171 

bond  to  be  given  by,  and  how        174 

lodged  with  derk  of  peace 174 


710  OBNBRAL  INBBX. 

PAOX. 
PVBUC  I!V8TRIJCnOIV-C€Mitliiacd. 

Secretaxy  of  trustees  ;  commission  payable  to,  and  at  what  rate 174 

duties  ofdefineUt  asfolhws,  viz.: 

to  collect  and  disburse  school  moneys 175 

keep  accomits,  Ac.»  of  the  board 175 

record  of  books,  apparatus,  Ac.  175 

school  houses  in  repair,  &c.         175 

post  up  collectnr's  roll 175 

supply  copies  of  school  register H**) 

copy  of  inventory,  Ac 176 

take  care  of  library  books      175 

transact  all  business  of  board       175 

Section  ;  definition  of  term  in  chapter    185 

Sections ;  alterations  in  boundaries  of,  how  made       167 

border,  returns  of,  how  to  be  made       174 

commissioners  may  unite  two  or  more        168 

poor,  special  aid  may  be  given  to  16S 

sparsely  peopled,  exempted  from  rate  169 

Superintendent  of  education;  annual  salary'  and  travelling  fees  of 165 

appointed  Inr  governor  and  council  163 

€iiUies  ofde^nSl,  as-foUoiPS,  ins. : 
to  actassecretary  of  council  of  public  instruction  163 
enforce  provisions  of  chapter  and   orders  of 

council  165 

have  general  supervision  of  inspectors,  &c....  165 
bokl  public  meetings  and  institutes  of  teachers  166 
inquire  and  report  as  to  teachers*  qualifications  165 

in8j>ect  county  academies,  and  schools    165 

nmke  annual  riBTX)rt  on  state  of  academies  and 

schools  166 

pre)>are  printed  instructions,  blank  forms,  ftc  165 
withhold  provincial  grant  in  certain  cases       166 

exempt  from  statute  labor,  juries,  &c 185 

Teachers  ;  annual  bonus  payable  to  in  certain  cases    176 

assistant,  how  ]mid  and  at  what  rate 176 

drunkenness  or  immorality  in,  how  punished  167.174 

duties  of  defined,  as  foliows,  mz : 

not  to  establish  school  without  agreement     184 

to  call  roll,  morning  and  afternoim  184 

certify  correctness  of  semi-annual  returns    186 

C'>o^)erate  in  classifying  pui)ila.  Ac 184 

furnish  general  school  information 186 

give  attention  to  cleanliness  &c.,  of  pupils      184 

nave  care  to  usage  of  books,  &c 184 

hold  public  examinations  of  school     185 

inculcate  principles  of  morality ]84 

notify  meetings,  through  pupils        185 

reimburse  for  school  pro ix»rty  destroyed 184 

teach  diligently  and  faithfully 1S4 

exempt  from  statute  labor,  juries,  «&c 186 

itinerant  how  paid  in  certain  cases  167 

must  hold  license  f^om  council  184 

payment  to,  according  to  grades 176 

payments  to  be  made  semi-annually    176 

unlicensed,  not  to  be  employed 176 

Terms ;  summer  and  winter,  in  school  year 186 

Trustees;   annual  appointment  of,  provided  for 169 

board  of  how  composed  and  constituted    169 

dtUies  of  defined,  as  follows,  viz : 

to  adopt  measures  for  preserving  health  of  school      173 

appoint  secretary' of  board  of  trustees 171 

determine  sites  of  school  houses,  &c.         «m..  171 

dismiss  or  suspend  teachers  in  certain  oases     ITI 

diaposo  of  school  lands  by  sale,  Ac ^..„        ^^  MS 


i 


GENERAL  IMDEX.  711 

PAGB* 

PUBI.IC  IIVSTRlJCrnO^-C^oiitinuedU 

Trustees;  duties  of  d^ned— continued. 

to  employ  teachers  for  section 172 

expel  or  8usi)en( I  pupils 173 

furnish  list  of  rateable  inhabitants      178 

^ive  notice  of  oi)euing  of  schools,  &c 173 

insure  school  houses  against  fire  170 

hold  school  pro i>erty  of  section    171 

lease  or  rent  lands  or  buildings 171 

meet  and  organize,  and  when        171 

prepare  and  lodge  school  returns         178 

present  annual  report  on  state  of  schools 173 

provide  for  erection  of  school  houses 173 

school  accommodation  and  privileges        171 

summon  sjHJcial  meetings  of  section    173 

visit  school.^  every  quarter 173 

incorporated  and  by  what  title      170 

insolvent,  &Cm  disiiualifted  to  act        170 

may  admit  pupils  from  other  sections        170 

co-operate  with  academic  institutions        170 

dismiss  or  sas pen d  teachers   174 

effect  insurance  on  school  houses 170 

exempt  from  school  tax 174 

penalty  on  for  refusal  to  act 170 

pupils  attendance  regulated  by    172 

special  meetings  for  voting  money,  called  by    174 

vote  for,  payer  of  poll-tax  (jualifled  to       178 

Visitors  of  schools,  pj-q^'w;  who  entitled  to  be 185 

Public  Landings,     ^q  Bridget  and  PMic  Land hiys       269 

Boads  other  tfwn  certain  Great  248 

PUBI.IC  WARK^ETS      324 

Accounts  to  be  rendered  to  sessions        324 

Bye-laws,  for  regulating  markets  made  by  sessions     824 

Clerks  of  markets  how  appointed,  sworn,  &c 824 

Existing  markets  confirmed  ;  new  how  established     324 

Penalties,  how  recovered  and  applied      324 

Rents  of  stalls,  &c..  how  to  be  applied  324 

Public  Mkdical  Officer.    ^^  Medicine  and  Surgery  164 

PUBLIC  OFFICERS,  CERTAIM ;  THEIR  SAI^ARICiS  AM]» 

I^UTIEN        97 

Accounts  and  vouchers  to  be  laid  before  legislature    99 

Attorney  general's  salarj'  97 

Bonds,  to  be  given  by  treasurer  and  his  clerk 97 

Cash  account  may  be  opened  with  banks,  &c 99 

Commissioner  of  crown  lands,  and  clerks,  salaries  of 97 

public  works  and  mines,  duties  of  98 

salary  of,  and  of  clerks  97 

Departmental  officers,  to  be  members  of  administration     97 

Deputy  8ecretar>%  salary  of 97 

Governor  in  council,  may  give  directions  for  management  of  ofHco,  &c        98 

make  regulations,  Ac.  99 

Governor's  private  secretary,  salary  of    97 

Moneys,  how  drawn  for,  and  received 99 

public  funds  pledged  for  re-pa^inent  of 99 

Provincial  secretary,  duties  of  defined  97,98 

salary  of   97 

vouchers  for  warrants,  &c.  98 

treasurer,  accounts  furnished  quarterly 98 

bonds  to  be  given  by,  and  clerk 97 

duties  of  denned     98 

salary  of,  and  of  clerk 97 

nXiUUC  PROPERTY,  TRUSTEES  OF         318 

AcoouBts  ofy  rendered  annually  to  sessions  319 

AppoiiitBd  l^  aewions,  on  recommendation  of  grand  Jmy        318 


712  GENERAL  INDEX. 

PA^B« 

PVBUC  PKOPEKnn\  J^e*— Continued. 

Bye-laws,  to  be  approved  of  by  Hensions 316 

Expenses  of ,  to  form  a  county  charge  319 

Incorporated,  and  by  what  name 318 

Lands  and  property ;  what  exempted  from  operation  of  319 

leased  and  managed  by  318 

vested  in 318 

Lease  not  to  be  for  more  than  seven  years  318 

Remove  of,  and  vacancy  how  supplied  318 

School  lands ;  trustees  of,  how  appointed  in  certain  cases 319 

vacancy  in  trustees  of,  how  supplied    319 

PITBI.IC  RECORDS 96 

All  vested  in  Her  Majesty   96 

Appeal  from  judge's  order  96 

Person  taking,  withholding,  Ac,  proceeded  against    96 

Procedure,  mode  of,  Ac.  96 

Whether  order  absolute  or  m>»,  discretionary 96 

Public  Wklls.    See  Fires  mid  Fireicards     329 

PURI.IC  ^^ORRS,  Mt:B8C*RIPT10M8  TO    325 

Ck)mmissioner,  Ac,  may  enforce  payment  of,  after  notice 328 

Executors  or  administrators,  only  bound  in  certain  cases  331 

Liability  of  sul)scril>ers,  notwithstanding  want  of  consideration     32S 

Moneys  recovered,  to  be  applied  t^  object  subscribed  for  331 

Subscribers  to  roads,  churches,  sc^hool  houses,  ttc^  how  liable  33 

Suits  for  recovery  of,  by  whom  and  how  to  be  brought  328 

Publication.    See  Wills,  ic  367 

Pumps  AND  Wells.    See  Streets,  Commmioners  of  266 

Q. 

Quakers  AND  Moravians  may  affirm.    See  Statutes,  Pramulffotton        4 

Qualifications  OF  Judges.    See  Supreme  Court  and  its  Officers     891 

Jurors.  Juries         4lR 

Medical  Practitioners.    See  Medicine  and  Surgery     158 

Queen.    See  Statutes^  Promuhfation 2 

Queen's  County.    See  Municwalities      317 

Questions  Raised  without  Pleading.    See  Supreme  Courts  Pleadings -W^-S 

R. 

RABID  AIVIMAI^.    1« 

Rabid  animals  ;  found  at  large,  may  be  destroyed        IW 

if  8U8i)ected.  may  be  secured 1® 

orders  for  preventing  danger  from,  how  made ■     1® 

Rabid  ANiSfALR.    See  Municipalities 299 

RAII.R0.4R8,  PROYINIO^M  REMPECTIMG. ^ 

Constables,  apiK)intment  of  for,  how  made ^ 

Crossings ;  painted  boards  to  be  placed  at      271 

sessions  may  order  gates  and  kee|)ers  at 271 

Damages,  company  liable  for  in  what  cases    8Jj 

Definition  of  words,  "company**  and  ** proprietor.** ^ 

Engines,  to  be  provided  with  be'ls,  whistles,  &c Jj 

Forfeiture  for  breach  of  regulations        ^ 

going  on  or  leading  animals  on    ^ 

obstructing  in  any  manner «* 

trespasses  on  by  cattle,  &c        y 

Gates  and  keepers,  how  ordered  and  provided      ^'Jji 

Imprlsonmenl^  where  no  goods  to  satisfy  fine J^ 

Law  of  Dominion  not  to  be  contravened -J 

Provisions  as  to  cattle  guards,  crossings,  fences.  Sec    ^ 

Sessions;  powers  and  duties  of -IB-* 


•) 


OBNERAL  IMDBX. 


718 


Railway  LiMrrs.    See  Intoxicating  Liquors 

Bates.    Qee  Assessments ^  Goimfi/ 

Municipalities 

RsAL  AND  Personal  Estate,  Dkscent  of.    See  Descent,  ^c. 

Wills  OF.  WiUSy  S^c 

Estate.    See  Gorporations,  treneral  Prorisions 

Lands,  Sah  of  under  Execution 

"  '•  **      Foreclosure 

Libran/ Assocnatians        

Married  7f  'omeuy  Deeds  by 

Relitfious  Cotufreqafions 

^atufeSy  Promulgation...         

OF  Infants  and  Lunatfcs.    See  Equity ,  Procedure, 

Bkceiveb.    Sec  Equity  Procedure 

Joint  Stock  Companies     

Receiving  Goods.    See  Into.rirating  Liquors 

Records,  Public.  Public  Records 

Reoistee.     See  Marriage,  ^olejnnization  of    

Medical.    See  Afeflicine  and  Surgery 

OF  British  Ship.    See  Witnesses  and  Ei^ence         

Rboistrar  of  Deeds.    See  Bills  of  Sale,  Secret    

Costs  and  Fees     

Deeds,  Sfc,  Registry  of  

Joint  Stock  Companies       

Lands,  Partition  cff     

Library  Associations  

Divorce  Court.    See  Costs  and  Fees  

Medical  Boa rd.  Medicine  and  Surgery       

Probate.    See  Costs  and  Fees        

Probate  Court 


PAGK. 
...  851-2 
115, 


371 
866 
275 


579, 
51 

286 

860 

142  to  145 

8 

...  532-3 

528 

282 

347 

06 

...  380-1 

...149,150 

543 

..      376-7 

623 

..  360-1-4 

279.281 

575 

285 

618 

149, 152-4 

619 

395-6,407 


Registry  of  Deeds  and  Encumbrances  affecting  Lands.    See  Deeds,  Sfc,  Regis- 


Leases,  i^c.    See  Mines  and  Minerals     

Re-Grant.    See  Escheating  I^inds  

Regulation  OF  Mines.     See  M ines.  Regulation  of      

Regulations.    See  Bye-L/ncs. 

Common  Fields  

Highways,  Coasting  on      

Mines  aiul  Minerals 

Rivers,  Con  vei/ing  Timber,  S^c 

Woods  and  Marshes.  Burning 

Sv-Hbabing.    See  A  bsent  or  A  bscotuling  Debtors         

Lmids,  Paiiitioyi  of    

"      Sale  of  mider  Foreclosure    

Supreme  Court,  Pleadings 

BEIilCIIOUS  CO^GREGATIOVH  AMD  190C:iETIE8 
Agreements  with  clerg>'men  ;  entered  into  books  of  congregation 

trustees  may  make 

Building,  used  for  public  worship ;  sale  of  how  made,  &c 

when  vested  in  trustees,  how  di8i)08ed  of 

Bye-Laws  ;  may  be  made  at  meetings  

Cnurch  of  England;  not  affected  by  provisions  of  chapter 

Clergymen ;  agreement  with  to  be  recorded 

by  whom  to  be  engaged       

Congregations ;  amount  of  real  and  personal  estate,  held  by    

how  constituted  by  deed,  Ac        

incori)orated  previously,  may  use  chapter        

majority,  may  sell  building,  &c 

membership  of,  how  regulated  

ConstHution  ;  how  altered  or  amended    

Deed  of  incorporation ;  how  made  and  executed         

must  be  signed  by  members         

registry  of  provided  for        

Xjpiioopil  ooiporatioii;   may  sell  real  estate         


try  of. 


360 
45 

584 
59 


240 

338 

47 
334 

33S^ 

551 

574-5-1 
57i 


456 
141 

144 
144 

14» 
144 

la 

146 

144 
144 

142 
141 

14a 
143,144 

14a 
144,14^ 

141 
148 

142 
146 


714  OBNBRAL  INDEX. 

PAGB. 
mBI«I«IOIJ8  COIVGKEGATION8,  &c.— Conttimed. 

Funds  ;  how  provided  in  case  of  deficiency 1^ 

Meetings  ;  constitution  how  altered  or  amended  by  144,  Itf 

of  society  not  incorporated      146 

how  held ;  IK) wer  of  members,  &c 148 

proceedings  at,  for  sale  of  church 1** 

Officers  appointed  by  congregation  ;  powers  of,  &c.  1^ 

Beal  estate  ;  amount  of,  to  be  held  by  trustees  142 

held  before  deed ;  how  conveyed  to  new  trustees        143 

how  to  be  sold,  or  disposed  of    Itt 

to  l)e  vested  in  trustees        145 

when  sale  of  not  authorized      144 

Society  ;  constitution  of  may  be  altered  141 

mode  of  constituting,  &c 145 

Trustees  ;  appointment  of,  in  certain  cases,  regulated        146 

certain  corporate  powers  conferred  on         148 

new  ;  how  ap[)ointed,  and  proiKjrty  vested  in   148 

real  and  personal  estate,  vested  in ;        148 

Removal  of  Obstructions  prom  Rivers.    See  Itiver$,  Conveying  Timber,  ^c. 333 

Pauper.    See  Poor  ^Sfettfemwi^,  (J-c 190-1-3 

Rent.    See  Limitation  q/ Actions  663-4-^7 

REMT,  piNTREHIi  FOR      585 

Appraisement,  of  goods  distrained,  how  made,  &c ^ 

notice  of,  how  to  be  given  and  served         585 

Cattle,  com,  fruits,  &c.,  may  be  taken  and  seized  as  distress    587 

when  no  bam  on  premises,  how  kept         587 

Execution ;  goods  taken  under,  not  removed  until  rent  paid    588 

Executors  may  distrain  for  rent  due  deceased,  Ac.  5W 

Fruits„  roots,  &c.  may  be  distrained,  and  how  kept,  &c.  587 

Goods,  distrained ;  appraisement  of  provided  for,  &c 585 

sale  of,  after  notice,  provided  for ^ 

fraudulently  removed,  may  be  seized,  &c 585 

notice  of  pface  of  deposit,  when  and  how  given  587 

surplus  after  sale,  tt)  be  for  owner's  use      585 

taken  under  execution,  when  not  to  be  removed 586 

Grain  in  the  straw,  &c.,  how  to  be  distrained,  «fcc 585 

Irregularity,  subsequent,  not  to  make  distress  unlawful 585 

proviso  as  respects,  in  certain  cases 586 

remedy  of  party  aggrieved  by  585 

Pound  breach,  and  rescue ;  remedy  in  cases  of,  &c 585 

Rent;  remedy  resixnrting  distraint  for,  in  certain  eases 586 

reserved  u|)on  lease  for  life,  how  recoverable  5b6 

when  executui*8  or  administrators  may  distrain  for         586 

where  none  in  arrear,  remedy  in  case  of  distress  for 585 

year's  (myable  before  removal  of  goods  in  certain  cases  586 

Stock,  Ac,  may  be  taken,  and  how  kept  in  certain  cases 587 

notice  of  place  of  deposit,  when  and  how  given      587 

Rent,  Distress  for.     See  Costs  ana  Fees    ^ 

Rbpaibs.     See  T/'usts  and  Tntsteeji 593 

of  Meetiko  Houses,  Assessments  for.    See  Meeting  Jlouses,  ijrc 147 

Rbflbvin.    See  Limitation  of  Actions  559 

Supreme  Court,  Pieadings  497  to  499 

Replication  "  *•  "  404-6-8-9,470-1 

Report  of  Trial  BY  Judge.    See  Supreme  Court,  Pleadings  479 

Representation  IN  General  Assembly.    See  General  Assembly,  ^c ^ 

Rhprbsentatives.    See  Statutes,  Promulgation,  i^c.  J 

Rbbionatxons.  Disahiiities,  Executive,  8fc | 

Vacating  Seats Jj 

Rbsidbnt  Agent.  Assessfnenfs,  County 1* 

BsTURNS.  Clerk  of  Peace    IJJ 

Coroners      M? 


Corporations,  General  Provisions   

JEUitions,  Controverted  ::^m 

Highway  Labor ^B^f 


J 


GENBRAL  INDEX.  715 

PA  OK, 

lETUBNS.    See  Mmea  and  Mineral 24,82,46 

**    Heffulatian  of        65-^ 

Public  Instrudtan    166,173-4 

Supreme  Churt,  Pleadings 449,460,  475,  487 

MBVCilVlJE,  CAMIJAE.  AI\1>  TCRAITORIAI^    19 

Collection  and  recovery  of  revenue 19 

Crown  lands,  proceeds  of  how  and  where  payable...  20 

Duration  of  chapter...         20 

Management  of  revenue  provided  for      20 

Mines  and  minerals  transferred         19 

Revenue  of  what  consisting       19 

to  be  paid  into  provincial  treasury 19 

tKvrvAL  OF  Wills.     See  llilU  of  Real  and  Personal  Estate    368 

iBvnroR.    See  Supreme  Court.  Pleadings...  461-2,  473,  511 

Revocation  OF  Wills.    SeeWiUsy^-c 367-8 

LiVRJis.    See  Municipalities 800 

ilVERi^,  CONVEYIIVG  OF  TIMBER  A]V1>  I.U1IIBER  OX,  Ac.  333 

Commissioners;  application  for  api)ointment  of,  how  made    333 

appointment  of,  how  to  be  made,  Ac 333 

expenditure,  accounts  of  submitted  to  sessions 334 

limits  of  jurisdiction  of,  how  established 833 

money  may  be  borrowed  by,  to  certain  extent. 333 

power  of,  as  to  removal  of  obstructions,  &c.  333 

regulations  for  preventing  obstructions,  made  by 333 

tolls  established  by,  how  levied  and  applied.         338 

Contravention  of  Canadian  legislation,  provided  against 334 

Definition  of  word  **  river  "  when  used  in  chapter 334 

Expenditure  by  commissioners,  accounts  of  how  audited 334 

Fisneries  not  tr>  be  interfered  with  unnecessarily 334 

Logs,  timber,  &c.,  may  be  brought  down  under  regulations      334 

Money;  limit  to  which  commissioners  may  borrow 383 

not  to  be  a  claim  on  provincial  revenue  334 

Navigation  of  rivers,  not  to  be  unnecessarily  interfered  with  334 

Penalties  for  breach  of  regulations,  how  affixed,  &c 333 

Regulations  as  to  booms,  &c.,  made  by  sessions    384 

Tolls  ;  establishment  and  application  of 888 

not  to  be  levied  after  repayment  of  loan   333 

InrKRS,  Creeks,  &c.    See  Fences,  Fence- Viewers,  ^c 138 

k>AD  Districts.    See  Municipalities 301 

Moneys.  "  297-8-9,305 

Rule  OF.  Poads,  Preservation  of ,       ^^»  ?5Q 

Surveyors.        Municipalities 299 

!OADS.    See  Municipalities        301 

Public  Grounds,  Supervisors  of 822-8 

lOAIMS.  CERTAIN  GREAT  |  E.AYING  OUT  A!V1>  HIAIVAGCi- 

lfIE!VT  OF     242 

Agreement;  commissioners  may  make,  to  cross  private  lands 243 

entry  may  be  made  immediately  after 244 

mode  of  procedure,  where  none  can  be  made        243 

Application  of  chapter,  to  what  roads  limited       242 

Appraisers,  apiK)intment  and  duties  of,  &c 243 

Commiesioners ;  may  make  agreements  to  cross  private  lands         243 

mode  of  procedure  by,  where  no  agreement    243 

right  of  entry  on  lands  by,  when,  «c 244 

Damages ;  payment  from  treasury  restricted 344 

Expenditure  on  roads,  by  day's  work,  or  tender  and  contract 249 

supervisors,  mode  of ,  Ac 246 

Fexioet<;  to  be  put  up,  before  comj^ensation  allowed  244 

Goremor  in  council ;  charge  and  management  of  certain  roads  assumed  by  244 

may  lay  off  roads,  and  appoint  supervisors    245 

orders  and  instructions  to  be  issued  by   245 

Koneyt;  apportionment  of  by  legislature,  not  impaired    245 

escpenditme  of,  by  day's  work,  or  tender  and  contract 246 

supervisors,  mode  of ««.««  245 


Yl6  OSNERAL  INDEX. 

KOAl^S,  CEKTAIN  GREAT,  &c«— Continued. 

Roads ;  site  of,  when  held  surrendered  to  public         M 

to  which  chapter  applies,  specified  31! 

which  governor  in  council  maj  manage,  &c JH 

width  of,  not  less  than  sixty-six  feet        9M 

Supervisors ;  appointment  and  authority  of 3tf 

expenditure  of  moneys  bv.  regulated 3l5 

remuneration  of  provided  for 3tf 

reports  to  be  furnished  by  annually...... 216 

to  l)e  under  orders,  &c.,  of  governor  in  council    ^ 

ROAB8,  CIX>8i:VG  OF W 

Application  for  closing  of  road  to  be  made  to  sessions  by  i)etition 3W 

Notice  of  application,  how  given,  posted,  sworn  to    3M 

Order,  dismissing  or  granting  application,  how  made        90 

may  be  appealed  from  to  supreme  court 30 

when  not  api^ealed  from,  conclusive.  '. 2D 

Persons  not  interested  in  adjoining  lands  may  be  heard 8fi 

Supreme  court,  proceedings  before  on  appeal  from  order 3fi 

"Where  owner  of  adjoining  lands  dead,  wno  considered  proprietor 3H 

ROAl>8 ;  EXPEMDITfRE  OF  MONEYS  OX     ^ 

Accounts,  of  day's  work,  commissioner  to  make  out  and  render 3i 

form  of  oath  to  be  atlministered 3i 

expenditure  by  contract  how  made,  &c 281 

Bond ;  where  expenditure  exceeds  eighty  dollars 3i 

Breakwaters,  &c. ;  wajijes  of  laborers  employed  on      25! 

Cash ;  laborers  to  be  paid  in       2H 

Commissioners ;  ap]X)inted  by  governor  in  council      ^ 

bonds  to  be  given  by,  where  exi>enditure  over  eighty  doUan...  3# 

contracts,  how  entered  into,  form  of,  &c 250 

when  expenditure  under  eighty  dollars 2BI 

days' work,  accounts  of  to  be  rendered Ml 

foreman  of  laborers  appointed  by  25J 

forms  of  agreement,  contract,  oaths,  &c 349-5(^ 

laborers  to  be  employed,  limitation  as  to 2H 

wages  of  payable  in  cash  only  2ifl 

may  enter  upon  lands  in  certain  cases      251 

percentage  to  be  retained  by Si 

returns  to  be  made  by,  under  oath  351 

roads,  encroached  on,  or  encumbered 2M 

when  work  not  pro^xirly  executed,  proceedings    .." 251 

Contract;   expenditure  by,  in  what  cases       ^ 

form  of,  in  cases  over  eighty  dollars   250 

how  entered  into,  and  how  to  l>e  fulfilled 250 

in  cases  under  eighty  dollars,  form  of,  &c 250 

return  of  execution  of,  how  to  be  made      ^} 

unfaithful  execution  of,  how  certified 251 

Encroachments,  and  encumbrances  ;  provision  in  case  of  252 

Foreman  of  laborers  ;  appointment  and  pay  of     252 

Justices,  to  certify  where  work  not  faithfully  i)erformed  251 

Laborers,  number  of  to  be  employed  under  one  commissioner  252 

pay  of,  and  number  of  working  hours  per  day  258 

Materials,  how  provided,  when  owner  absent  or  obstinate ^ 

Pay  of  men,  horses,  oxen,  plough,  teams,  Ac 268 

Work  to  be  completed  before  20th  August,  annually  JB 

Roads,  New,  Old,  Open,  Pent.    See  Roads  other  than  Certain  Oreat 317-8 

ROAl>8  OTHER  THAM  CERT.41.^  GREAT,  I^YIMO  O^T  OF.  W 

Agreement,  may  be  made  with  proprietors,  &c 

when  made,  what  particulars  to  contain 

where  none  made,  appraisement  made 

Application  of  chapter,  to  wh at  roads  limited 

Appraisers ;  appointment  of ,  and  their  duties 

how  appointed  when  more  than  one  proprietor    

notice  to  be  given  to  absent  proprietor  by  mail 

old  loads  to  be  apportioned  by,  and  how 


•  •••■a 


••*••• 


OENEBAL  INDEX.  717 

PAOB. 
i  OTHER  THAM  CERTAIN  GKEAT,  &C«— GontiiMiicd. 

iisers  ;  proceediDgs  of,  to  be  returned  to  clerk  of  peace.         246 

Bwom,  be&re  eDtering  upon  duties         246 

of  peace ;  to  post  notices  of  alteration  or  new  roads 247 

littee ;  appointment  and  duties  of  246 

appraisers  to  be  apiwinted  by,  &c 246 

justices  ineligible  for  appointment  on 248 

may  lay  out  roads  less  than  00  feet  wide        247 

make  agreement  with  proprietor     246 

plan  to  be  annexed  to  agreement      246 

rei:)ort  to  be  made  by  to  sessions...  246 

.ges ;  appraised,  and  expenses,  a  county  charge 248 

appraisement  of,  how  made,  returned,  &c 246 

for  fencing  when  to  l)e  allowed 248 

of  open  and  i;)ent  roads,  a  county  charge     248 

when  agreement  made,  amount  to  be  stated      246 

«,  to  be  put  up  before  compensation  allowed      248 

,  may  be  placed  on  private  ways  by  order  of  sessions.- 248 

apportioned,  to  belong  to  party  to  whom  allotted 247 

roads ;  may  be  laid  off  of  less  width  than  60  feet      247 

es  of  alterations,  &c.,  to  be  |)osted  by  clerk  of  peace 247 

Muis ;  apportionment  of  by  appraisers,  and  how 247 

proi)ertv  of  persons  to  whom  allotted        247 

and  pent  roads  ;  how  laid  out        248 

ty  for  breach  of  regulations  of  sessions 248 

c  landings  ;  alteration  or  establishment  of 248 

land  laid  off  for,  how  much  248 

>ns  ;  committee  to  be  apiwinted  by 246 

proceedings  confirmed  or  disallowed  by        247 

regulations,  for  gates  on  private  ways  made  by 248 

penalty  for  breach  of 248 

of  roads;  when  held  to  have  been  surrendered        248 

BR  Ice.    iiee  Icej  Htxtds  over    338 

\,  PRESERVATION  OF      269 

itions  of,  or  encroachments  on,  forfeiture  for     259 

^ ;  horse  not  to  trot  or  gallop  over 260 

ige,  standing  on  highway,  proi)er  position  of     260 

iges  on  runners  ;  bells  to  be  amxeu  to  harness  of      260 

width  of  regulated     260 

9  of  highway  ;  to  be  left  on  the  right         260 

derly  driving,  penalty  for        259 

nbering  roads,  &Cv  justice  may  fine  for        259 

levy  for  fine  how  made        259 

(nbrances  on  sides  of  roads,  forfeited  259 

for  destroying  trees  between  h igh way s  and  rivers  259 

encumbering  roads  or  bridges 259 

oflfencee  against  ch  a])teT,  recovery  and  application  of. 260 

width  of  loads  of  restricted  ...* 260 

iray;  centre  of  to  be  left  on  right  of  driver        260 

to  be  on  left,  when  passing        260 

I  near  sea,  &c.,  banks  not  to  be  injured,  penalty  for  269 

Mtfhs ;  sessions  to  make  regulations  for  preserving  259 

unloaded ;  regulations  respecting        260 

BTD  aif  ALL  Birds.    See  Birds  ana  AninuUs 842 

TECBS*.    Bee  Clerk  of  Peace 101-2 

h&e  Mmm  and  MttMrah 31-2-3-6,44,50 

Arbitratum       697 

JfUtkm^  Protection  of 608 

JReauJationB. 

SyprmnB  Qmrt,  Headings 441, 465, 470-1-3-6-7-8-9, 483, 496 

bDbiviH9.    Bee  Moadi,  PrBiervatian  of      259,260 

anaAXto  MmuitBeffulittionof 71  to  76 

OuwwJMiCiioir.   See  Statutm,  I^wmUgatum,  4rc^     2  to  6 


718 


GBNBftAL  19DEX. 


RuuBS  OF  Ck)N8TRircTioN.    See  TFtZb,  ^c 

Special.    See  Mtnes^  Begulatnm  of 


PAOL 

...77-M 


S. 


Sabbath.    See  Sunday, 

Safes.    ^f&&  Deeds,  ic^  Registry  x>f 3MM 

Probate  Court         410 

Sadtt  Mary's  District.    Bee  Juries  42J 

Sala&ies.    B*»  Assessments,  County       110 

Immigrants S55 

Jails,\c.  IS 

Lunaticg,  Custody,  8fc,  211 

Public  Instruction  165.  aq^ 

Various  other  chapters. 

AND  Duties  of  Certain  Officers.    See  Public  Officers,  ^c ff 

Sale.    &ee  Horses  and  Cattle,  Stray SSI 

OF  Intoxicatinq  Liquors,  Licenses  for.    See  Intoxicating  Liquors     Sfl 


Lands  under  Execution.    See  Lands,  Sale  of  under  Execution 
Foreclosure.  **  "         **     Foredttsure 

SaltMarsu.    See  Sewers,  Dykea  and  MarshlLands  , 

Sanitary  Orders.    See  Boards  of  Health    

Nuisances         

Satisfaction  Piece.    See  Supreme  Court,  Headings 

Scale  OF  Labor.    See  Highway  Labor 

Schedule  OF  Pees.    See  Oost^  and  Fees      


571 
578 


19 
610 


School  Books.    See  Public  Instruction ...  163-4, 175-7,  IW-^ 

Commissioners.    See  Munic^HtHties 91 

PtUtlic  Instruction, 166  to  101 

FOR  Halifax  City.    See  Public  Instruction 186tolOO 

Inspect'^rs.    See  Public  Instruction       ISStolM 

Lands.    6ee  Public  Instruction         168,171-2-3-7,182-7-0 

**      Property,  Trustees  of 8I0 

Seioers,  Dyke,  ^c.  2S2 

Ckrta in.    See  PMic  Property,  Trustees  of  319 

Meetings.    See  Public  Instruction 181-2 

Sfx'tions.  "  •*  167-S-9  174 

Tkachkrs.  **  **         184-5 

Trustees.  "  "  169toIi5 

Visitors.  "  " 186 

Year.  "  **  

Schools.    See  Ihtblic  Instruction     

Scire  Facias.    See  Supreme  Cotirt,  Pleadings     

8EA  HIAIUURE,  GATHERIMG  OF  

Collection  and  taking  of  sea  manure,  to  be  regulated  by  sessions 

Forfeiture,  for  breach  of  regulations        

Private  rights,  not  abridged  or  taken  away 

Seamen.    See  Wills  of  Peal  and  Personal  Estate 

Seats,  Vacating  OF.    See  Vacatirw  Seats    

Secret  Bills  of  Sale,  Ac.    See  Bills  of  Sale,  Secret       

Secretary  of  School  Commissioners.    See  Puhlic  Instruction 


185 
ICS 
47S 


SSB 


18 


167-MilK 


Trustees.  "  "  

Provincial.    See  Provincial  Secretary    

Sections.    See  Juries  

Public  Instruction     

Securing  Liberty  of  Subject.    See  Liberty  of  Su^'ect 

Securities.    See  Supreme  Court,  Pleadings 

Security.  Forcible  Entry  and  Detainer    

Statutes,  Promulgation,  S^c „ 

FOR  Costs.    See  Supreme  Court,  Pleadings 44J^4A 

Skbvantb,  Apprentices,  and  Masters.    See  Ma$ten,  Apprtntieet,  ^e,^... 

SsRYicB.    See  Supreme  Court,  Pleadings 460-1-^-6, 4fll-4; 

CoNSTBUCTiVB.    See  Gmttructive  Service,    


171-M 


•  ■■••a 


OSNfiRAL  INB2X.  719 

PAGE. 

I888I0K8.    Qi&e  AsiessmentSf  Cauntj/ < 4. 110,  sqq 

Birds  and  Anitnais 842 

Bridges  and  PiibUc  Landings. 269 

Cofumons    239 

Fires  and  Firewards         325-6-9 

Highoay  Labor        256-8 

Horses  and  Catthy  Stray 837 

Infected         ... 337 

Jails  and  County  Buildings 131 

Fbor  Di^ricts 197-3 

Hiettlement,  ^c 190-1-3-4 

Railroads  J  Provisions  Respecting.  271-2 

Rivers,  Conveying  of  Timbery  ^c 333-4 

Roads  J  ot/ier  than  Certain  Or  eat 246-7-8 

Streets,  Commissioners  of 268 

Woods  and  MarsheSy  Burning....  332 

Various  other  chapters. 

lESMOMS,  GEMERAl..         108 

Cases  for  supreme  court,  how  pre[)ared,  signed,  &c 109 

judge  may  send  back,  &c 109 

Duration  of  sittings,  and  adjournment  of 109 

Grand  jury,  when  to  attend       108 

Indictments  may  be  found,  tried,  &c.,  in  Halifax  county.  109 

Sessions  may  amerce,  for  certain  purposes,  if  grand  Jury  neglect     Ill 

extra  charges  on  inquest/ if  grand  jury  neglect....  107 

safe  keeping  of  books  of  registry  when 360 

appoint  assessors  and  collectors  in  cases  of  amercement 112 

engimunen,  firemen,  firewards,  &c 325,826 

assess  for  purchase  of  fire  engines  and  implements 326 

establish  new  markets,  and  regulate  same     324 

order  the  cfrection  of  guide  boards  on  roads,  &c 339 

placing  of  gates  at  railway  crossings 271 

preservation  of  game,  moose,  caribou,  &c.  342 

regulate  burning  of  woods  and  marshes        382 

coasting  on  highways  or  streets 388 

fires,  enginemen,  firemen,  &c 829 

gathering  of  sea  manure,  &c 338 

going  at  large  of  infected,  cattle 337 

jails  and  lockup  houses,  <&c        180,181 

rafting  of  timber  and  lumber  on  rivers 333 

removal  of  obstructions  from  rivers 833 

roads  over  ice  on  harbors,  rivers,  &c 338 

stray  horses  and  cattle,  &c 386 

taxation  of  dogs,  and  fix  amount    839 

Time  of  holding,  in  county  of  Halifax 108 

the  other  counties 108 

IBMI01V8,  SPECIAIi     109 

How  called,  and  business  transacted        .> 109 

Number  of  justices  necessary  for     110 

Becord  of  proceedings  to  be  filed,  &c 110 

WB^vr,   See  MticeSy  Jurisdiction  of     416-7 

Supreme  Courty  Pleadings 454-8,470-1,481 

AMD  Support  OF  Poor.    See  Poor,  Settlementy  4^c 189 

%,  CouMiBSiovEBS  OF  J' See  Municipalities 811 

''        SewerSy  Dyke,  ^c.  230 

I  I^YILE  A!V1>  MARSH  E.AM1>8  230 

it ;  for  what  purposes  to  be  made 231 

how  recovered  and  on  what  proof    282 

on  meadows  and  swamps,  for  drainage    232 

Wickwire  dyke  lands,  how  made  231 

}  when  unanimously  agreed  to,  valid         282 

[^  where  exceeding  sum,  how  made    231 

}  how  elected,  and  by  whom  sworn 231,237 

fined  for  neglect  of  duty......       238 


720 


GENERAL  INDEX. 


SEVnBKS ;  l^YHJB!  AlVD  HIAKSII  I^A^DS— GonttnoecU 

Assessors  ;  when  proprietors  dissatisfied  with  rate     

Certiorari ;  proceeding's  removed  to  supreme  court  by       

Clerk,  appointed  by  commissioners,  and  sworn  

commissioner  not  to  hold  the  office  of        

competency  of ,  as  witness  on  certain  cases        

fine  for  neglecting  or  refusing  duty  

Collector,  a  comi)etent  witness  in  certain  cases  

commissioner  not  to  hold  office  of         

compensation  of  services,  how  assessed        

how  chosen  ;  remuneration  how  settled,  &c 

Commissioners  ;  already  appointed,  to  continue  in  office        

appointment  of,  and  how  sworn  

by  whom  chosen  to  carry  on  work,  dismissed,  &c. 

clerk  to  be  apiwinted  and  sworn  by        

duty  of,  on  application  for  drainage 

flowing  d^yke  lands    

for  repairing,  &c.,  roads 

how  far  liable  for  acts  of  predecessors    

liable  to  action  in  what  cases,  Sec 

may  assess  occupiers  or  owners  of  lands 

notice  to  proprietors  to  be  given  by,  &c 

office  of  clerk  not  to  be  held  by 

overseers  may  be  appointed  and  sworn  by    

powers  of,  for  carrying  on  works,  &c , 

Damages  for  sods  and  soil,  how  assessed        

to  lands  of  non-applicants,  how  assessed  

Deficiency  in  amount  of  rate  ;  how  levied  and  collected  

Drainage  ;  applications  for  how  made,  procedure  thereon 

of  meadow  and  swamp  lands,  assessment  for  

through  d^ke  lands,  how  sujiervised,  Ac 

Drains,  person  widening,  liable  for  damage  by  

Dyke  ;  cut  for  flowing  ;  expense  of  repairing  how  borne 

injured  by  pasturage  or  rt)ads,  how  re^mired    

lands,  alone  to  be  assessed  for  dyke  rate 

outer,  ceasing  to  protect  inner,  how  repaired,  &c 

pn  jtecting  inner,  how  kept  in  repair  

proceedings  on  application  for  flowing  lands 

reiMiiring  roads  through,  &c. 

Wickwire  ;  assessment  in  resi^ect  to,  how  made  

Fines,  &c.,  how  recovered  and  on  what  evidence 

on  officers,  neglecting  or  refusing  duty      

Labor,  &c.,  to  be  furnished  by  owners,  &c.,  under  penalty 

Lands  ;  liable  for  fines,  rates,  &c.,  although  iiold         

may  be  leased  for  payment  of  rates         

sold,  if  rent  not  sufficient    

meadow  or  swamp,  assessed  for  drainage  

of  non-applicants  ;  damages  to  how  valued,  &c.         

only  liable,  where  owner  has  not  agreed  to  works  

part  benefitted  only  liable  to  assessment        

Missequash  commissioners  of  sewers  ;  provisions  concerning         

Notice  ;  by  proprietors  dissatisfied  with  rate,  &c 

commissioners  to  give  to  proprietors      

may  be  verbal  unless  other  specified , 

Overseers,  how  apix)inted,  sworn,  Ac 

Plans ;  how  obtained  by  commissioner  when  necessary 
Proprietors,  not  owning  two-thirds,  case  of  provided  for 

Salt  marsh ;  in  what  cases  taxed,  &c 

Wickwire  dyke ;  commissioners,  how  to  assess  for      

Witnesses ;  com^ietency  of  officers  as,  in  certain  cases 

•Shb&iff.    See  Assessments^  Coaidy        

Casts  and  Fees  

Crown  Property^  Trespasses  to       

MunicynilUies  


•w 


•  ■■ 


PAOK. 


2S7 
.  238 

290 

.2M 

234 

231 
231 
238 
230 
230 
230 
230 
233 
236 


211 

m 

2M 

281 
230,281 


287 


288 

288 


238 

237 


23S 

28$ 
884 

238 
236 

281 
282 

238 

238 

282 

288 

282 

232 

237 

283 

231 
288 

237 
281 

238 
....  281 
'      231 

287 

...  28« 

"     281 

...28» 

"m^ 

61S^617,r 


GENERAL  INDEX.  7£1 

PAGE. 

;ii:rifp.    See  Supreftie  Court,  Pleadings 448-9,  460,  474-5,  482-6-8, 497-8 

HER1FF8      103 

Appointment  of,  mode  of  prescribed    103 

Bond,  how  ^ven ;  proceedings  in  reference  to,  &c 103 

liability  of  sm^ties  under,  defined        104 

suit  on"  how  to  be  brought,  Ac 105 

Death,  etc.,  proceedings  in  ca>e  of    104 

Form  of  oath,  l>ef ore  entering  on  duty     104 

Limitiition  of  action.-*  against  105 

Xot  to  hold  commission  as  ju^itice  106 

Penalties,  what  and  how  recovered 104-5 

Re-api)ointment  to  office,  how  made        104 

Removal  from  office,  how  made        105 

beriff's  Deed.     See  LmulSy  tSale  of  wider  Krecutum 681-2 

Foreclosure    679 

EIIP8.    ^iV!e  Assessments y  County      125 

HTP\s  Registeb.    See  Witnesses  and  EMence    643 

ffOP  License.  Into.vicating  Liquors 346 

[DE-Pattis.  Roadsy  Preservation  of      269 

[NGLR  Shafts.  MineSy  liemlati&n  of 63-4-6 

ITE8  OF  Roads.  lioads.  otJier  thmt  Certain  Great     248 

rmNOS  AT  Chambers,    Sue  **!>ujn-eme  Court ,  Pleadings  441-2 

Halifax.  •*  *•  **  443-4 

LANDER.  *'  **  "  469, 472 

leighs,  Sleds,  &c.    See  Hoods,  Preservatioti  of. 260 

LAUGHTERINO  OF  Cattle.    See  Nuisances 162 

!«PE  AND  Woodcock.  Birds  and  Animals        340 

»ow  Plough.    See  Municipalities 303 

5C1ETIES,  Agriculivral.    See  Affricukure,  Encourai/ement  of    222,  sqq 

ociETiES  AND  CoNGREOATioNS,  Religious.    See  Peliffwus  Congregations 141 

Benevolknt.    See  Officers,  Incorporated  Sureties  for 284 

OLDiERS.    See  Wills y  iSfc 366 

OLEMNizATiON  OF  Marriage.    See  Marriage,  Solemnization  of .      378 

pbaker  OF  Assembly.    See  Elections,  Controverted 18 

Vacating  Seats 18 

FECIAL  Case.    Se&  Arbitration 596 

Equity,  Procedure 526 

Supreme  Court,  Pleadings^ 462-3 

Jury.  Juries.  427,431-3-5 

Partners.  Partnerships 6024 

SE.SSION8.     Sessions,  Special        109 

nciALTiES.    See  Liyfiitation  of  Actions..        564 

PBCiFic  Goods.    See  Sujn'efne  Court y  Pleadings 481 

Performance     See  Equity  Procedure  ..  '      628-9 

PDLiTUous  Liquors.    See  Intojicftting  Liquors.   

Jails  and  County  Buildings 180 

rATUTX  Labor.    See  Fires  aiid  Firewards 327 

Highway  Labor 268 

Municipalities 801 

Streets,  Commissioners  of 265-6 

lATUTBS.    Si^  Limitation  of  Actions 665 

TATITTES,  PliO!IIl  I.«AT10K  AI«1>  COMSTRVCmOIV  OF 2 

Acts,  all  deemed  puhlic,  need  not  be  sjiecially  pleaded 2 

oonstruction,  rules  for        2,8 

date  of  commencement  of        2 

definition  of  terms  in        2,8 

may  be  altered  or  re];>ealed  in  same  session  2 

pfablication  of,  how  evidenced         2 

repealed,  how  to  be  Bevived      2 

to  be  done  on  Sunday,  &c.,  when  to  be  performed       4 

AppealB,  allowed  in  all  cases  of  penalties      4 

Autibusifer  to  make  i4>pointments,  what  to  include  4 

Bonds  of  public  officers,  how  to  be  taken      6 

sureties  on,  how  released 6 

45 


72S  OBNSRAL  niDEX. 

PAGl. 

STATirraiy  PROMUI^ATIOIV,  Jtc^Gontinved. 

Bye-law8 ;  power  to  make,  what  to  include 4 

County  charces,  how  recovered i 

Forma ;  slight  deviations  in  permitted  4 

Justices  of  peace  may  adminiBter  oaths 4 

Officers  appointed,  to  hold  office  durin^^  pleasure        5 

Proceedings  under  old  acts,  to  he  contmued  under  new     2 

Quakers  and  Moravians,  may  affirm 4 

Stay  OP  Pboceedings.    See  Arbttration      SSli 

Supreme  Oourtj  Pleadings     462-7,483 

Stipbndiaby  Magistrates.    See  Jiuttcea,  Jurisdictum  419 

Stock.    See  Affricukure,  Encouragement  of         222 

Ment,  DittresB  for         M7 

New.    See  Joint  Stock  Compames 280-1 

Stray  Hobses  and  Cattle.    See  Horses  and  Cattle,  Strm/     396 

■TREETS,  COnnHSSIOlVERf^  OF      » 

Accounts,  of  receipts  and  expenditures,  how  kept,  &c 965 

penalty  for  not  rendering  to  clerk  of  peace 265 

Action,  not  to  be  commenced  against  without  notice         20 

Appointment  of,  by  sessions  on  recommendation  of  grand  juiy 268 

forfeiture  for  neglect  of  duty,  &c  268 

vacancy  in,  how  to  be  filled 268 

Bridge  over  Annapolis  River,  to  continue  under  charge  of 266 

Bridges  over  rivers,  &c.,  dividing  townships,  &c.,  under  whose  charge 268 

Building  materials,  may  be  placed  in  streets,  by  leave  of 266 

Glerk  and  receiver  of  moneys,  appointment  of,  &c 265 

Definition  of  terms,  **  commissioners,"  and  "  streets  **         266 

Duties  of,  defined  and  specified        265 

Forfeiture ;  for  breaking  soil  of  street  without  leave         267 

driving  or  ridins  on  side  path  267 

encroaching  on  nne  of  street        287 

neglecting  to  keep  gutters,  Ac,  clean 266 

placing  building  materials,  &c.,  without  leave        266 

refusing  to  be  sworn  into  office  268 

how  recovered  and  applied 268 

Halifax  City ;  chapter  how  far  applicable  to 265,269 

Jurisdiction  of,  defined 261,362,263,264,285 

Line  of  street ;  how  protected  in  casepf  new  building 286 

settled  in  case  of  dispute,  Ac.  267 

Nuisances  and  encroachments,  how  dealt  with 365,266 

Powers  of,  same  as  of  surveyors  of  highways        268 

Provisions  of  chapter,  applicable  to,  when  sworn  in    388 

Sessions  empowered  to  set  off  districts,  &c.  288 

Vacancies  in  office  of,  how  to  be  filled 268 

Wells  and  pumps,  may  be  dug  and  placed,  &c 286 

Subject,  Liberty  OF.    See  Liberty  of  Su^ect      556 

SuBMABiirB  Areas.  Mmesand  Mtnerab         45-7-^ 

MineSj,  Regulation  of 61 

SuBPKENA.    See  Witnesses  and  Evidence         .M7 

SimsGBiBBBS  TO  Chubchbs,  &c.    Soc  Public  Works,  SuhscriptHms  to 323 

SuBSOBiPTioNS  TO  Public  WoBKs.  "         "  **  •*       888 

SuooBtTioH  of  Death.    See  Supreme  Court,  Pleadings      459, 4^0-1 ,  40M-5 

Suits  aoauvst  Absent  ob  Absconding  Debtors.    See  Absent  or  Absconding  DeUan  519 
Suits  aoaihst  Ezboutobs,  Administrators,  and  Trustees.    See  Exeaiiwrs,  Ad- 
ministrators, and  TVustees 554 

Summabt  Causes.    See  Costs  and  Fees (J12-4 

Supreme  Court,  Pleadings 45^7,  iW 

SumcoNS.    See  Intoxicating lAouors 348^W-i 

Justices,  Jurisdiction       414-5 

Lands,  Partition  of, ^ 

Supreme  Court,  Pleadings 441-7, 4«,ag 

Subbat.     See  CbrofifTi.      Iw 

Intoxicating  Liguors 

Statutst,  Iromu^fation,  ^c.     


-i 


GENERAL  INDEX.  72S 

PAOB. 

UKDAT.    Sef&  Supreme  Court,  Headings  J  4^c 482 

UPKBIVTENDBNT  OF  EDUCATION.    See  PMic  Ifistruction 163  to  166, 185 

UPBBVI80R8.    See  Commons     239 

Roads^  Certain  Great,  ^c 245 

OF  PuBLio  Grounds.    See  Public  Grounds,  ^c 819 

DFPOBT  AND  Settlemknt  OF  PooB.    See  Poor,  Settlement,  ^c 189 

UPBEME  Court,      ^e  Costs  and  Fees 611 

Equity,  Procedure 520-1 

Jails  and  County  Buildings...  .» 181 

Jr^ice^,  Protection  of...  608 

Liberty  of  Subject....         557 

Lunatics,  Custody,  ^c...  218-8 

Partnerships , 600-1 

Roads,  Closing  of  .      261 

Various  other  chapters. 

SUPREME  COURT,  AXD  ITS  OFFICERS  891 

Bench,  of  supreme  court,  how  composed        391 

Chief  justice,  to  preside  and  regulate  proceedinf?8  521 

Clerk  of  crown,  prothonotary  to  act  aa  398 

Equity  judge  ;  appeals  from,  how  heard,  &c.,  in  absence  of  892 

circuits  to  be  attended  by,  only  in  certain  cases  892 

duties  of,  other  judges  may  exercise  when 892 

jurisdiction  of,  defined  and  speciiied 391 

precedence  of,  established,  &c 521 

when  required  to  sit  in  banc,  <fcc ,...  392 

Judfjfe  ;  qualification  for  holdinfs;  office  of  ,....391 

Judges  ;  what  other  offices  may  be  held  by 891 

Judgments,  country  ;  entry  of  at  Halifax  how  made        894 

Minutes  ;  exact  copies  to  be  used  by  counsel 898 

how  to  he  transcribed  by  prothonotary 393 

Prothonotary ;  apix)inted  by  governor  in  council        106 

bond  to  be  given  by        106 

clerk  of  crown,  duties  of,  to  be  discharged  by 898 

costs  and  fees ;  items  to  be  furnished  by    394 

paid  to  before  execution  issues 898 

country  judgments,  book  to  be  kept  by  in   Halifax 894 

fines,  &,c.,  imposed,  statement  to  be  made  by,  ftc.  898 

j udges'  notes,  Ac,  how  to  be  transcribed  by,  &c 398 

obligations  to,  how  to  be  enforced,  &c.  893 

or igmal  papers,  how  transmitted  by  398 

papers  how  taken  off  fyle,&c 893 

warrant  of  attorney  ;  entry  of  provided  for  894 

Powers  of  court,  same  as  in  England,  &c 891 

when  matters  of  equitable  jurisdiction  arise       891 

Qualification  for  judgeships  defined 391 

IVPREMIE  COURT  I  P1.EARIMG8  AMR  PRACTICE  IM        441 

Abatement ;  of  action  not  caused,  by  death  of  claimant,  &c.,  in  ejectment..         498 

one  of  several  parties 459 

plaintiff   between  interlocutoiy 

and  final  judgment  461 

or  defendant  459 

sole  plaintiff  or  defendant  460 

marriage  of  woman  plaintiff  or  defendant  462 

plea  in,  for  misnomer,  not  allowed ^        458 

of  non-joinder  of  co-contractor  as  defendant        459 

joint  debtor  "  500 

Abeoonding  debtor  ;  action  against  how  commenced 447 

form  of  writs  in  actions  against       506 

Attkm  ;  abatement  of,  not  caused  by  death  or  marriage  459  to  462, 49S 

against  abecondi  ng  debtor,  how  commenced,  &c 447,  506 

defendants,  where  only  one  aj^ears 455 

Isf  and  against  assignees  of  bankrupt,  &c.,  how  brought 471 

man  and  wife  in  certain  cases  ;  procedure  in         472 

'dilKiient  cansea  of,  may  be  joined  471 


724  GENERAL  UmEX, 

PAOI. 

NVPREIHE  €OIJRT|  PI.EA]»I!VG8,  &c.-G€Mitlimed» 

Action ;  for  recorery  of  debts,  damans  how  assessed  in  465 

slanderous  words  spoken  of  women,  prorision  in  case  of  472 

taking,  Sec,  goods,  operation  of  plea  of  denial       467 

trespass  to  land,  operation  of  plea  of  den ial  4G6 

proi)erty  how  described  468 

persons,  iVc,  defendant  entitled  to  particulars    468 

WTongs,  operation  of  plea  of  denial,  &c.  466 

form  of,  need  not  be  mentioned  in  writ,  Ac 447 

joinder  and  non-joinder  of  parties  in      458, 4o9 

new  defence,  arising  after  commencement  of  ^ 463 

of  ejectment,  how  commenced  and  conducted     4^ 

libel  or  slander,  avermentd  in       469 

slander,  precise  words  need  not  be  proved       469 

on  bills  of  exchange,  iSliC,  what  pleas  to        465 

contracts ;  what  specially  pleaded     465 

policies  of  insurance,  interest  how  averred  466 

speci^ties,  &c.,  plea  of  denial  how  to  operate 466 

personal,  how  to  be  commenced,  c^c 447 

money  may  be  paid  into  court  in  certain  cases 469 

plea  of  n*^  rfc6ef  not  allowed  in  any         466 

two  or  more  counts  may  be  added  for  same  cause  of 463 

Address,  of  defendant  appearing  in  person,  to  be  given 455 

proceedings  how  posted,  where  not  given 455 

Addresses  to  court  on  motion  during  trial  regulated 477 

jury  upon  trial,  how  regulated 477 

Affidavit;  addition,  &c.,  of  deponent  to  be  inserted  in 457 

alteration,  &c.,  in^urert  of,  fatal 457 

for  continuance,  what  requisites  to  contain 47t> 

in  answer,  may  be  HMule  by  leave,  Ac 458 

replevin,  must  be  filed  before  issue  of  writ 497 

of  illiterate  person, jMrcr/ what  to  state 457 

rulas  for  preparation  of,  prescribed 457 

statements  necessary  to  contain,  in  replevin . . .  497 

to  hold  to  bail ;  effect  of  wrong  name  of  defendant  in 449 

requisites  of  prescribed 448 

statement  may  be  negatived  by  defendant 44^ 

when  writ,  &c.,  served  out  of  province,  how  to  be  sworn 45J 

Amendments,  at  trial ;  power  of  judge  with  respect  to 474 

court  or  judge  may  make  at  all  times 474 

new  trial  may  be  granted  in  certain  cases 474 

party  dissatisfied  with  may  appeal        474 

powerof  judge  may  be  exercised  by  court  in...  46* 

Amends,  in  certain  personsd  actions,  when  may  be  made.         469 

Appeal  causes ;  appellant  to  enter  on  docket,  otherwise  judgment. 456 

application  for  jury  must  be  by  affidavit.         456 

bond  may  be  proceeded  upon  by  respondent 456 

court  shall  try  anew  when  contested 456 

how  and  when  tried,  at  Halifax    457 

in  other  counties 457 

jud^ent,  how  given  and  effect  of 456 

notice  of  trial  by  whom  and  how  given 457 

parties  bound  to  attend,  &c.,  at  trial 457 

power  of  court  to  regulate  practice,  &c.  457 

respondent's  remedy  after  judgment..        456 

successful  party  to  have  his  costs  below  added...  484 

Appeals;  from  decision  of  judge  at  chambers,  regulated 44U 

security  for  costs  to  be  given. . .  4tf 

probate  court  made  directly  to  supreme  court         .481 

Appearance ;  after  time  specified  in  writ 4K 

by  defendant  in  person,  to  contain  address ^  489 

where  no  address 409 

court  may  allow  within  year,  in  certain  cases «•  ^ 

defendants,  where  by  one  or  more  oi  eerenl,  Ste 4t^ 


GENERAL  INDEX*  7S5 

PAGE. 

irPRE^tlE  COURT ;  PE.EAD1IVG8,  &c.— Continued. 

Appearance;  foTiu  of  given,  &c...  i54t,5li) 

in  actions  of  ejectment,  by  whom  made 490 

summary  causes,  written  notice  of,  &c 463 

may  be  made  before  judgment  by  default...         465 

time  for  by  defendant,  limited 463 

Argument ;   entrj'  of  cauHc:?  for,  by  w^hom  and  when  to  be  made 478 

rule  nisi  by  party  against  whom  granted 478 

obtaining  same 478 

how  to  Ihj  con«lucted  by  c«>un8el,  &c 479 

judges  to  be  furnished  with  copies  of  [mpers  on 479 

what  number  required  to  hear 442 

judgment  may  be  pronounced  at  chambers 480 

may  take  ^)lace  on  case,  without  writ  issued 479 

of  rule  ?M>j  for  new  trial,  regulations  concerning 478 

l>a|)ers  relating  to,  when  to  be  filed,  &c 478 

priority  of  counsel  regulated  as  respects 479 

sus]>ension  of  docket  of,  providetl  for,  &c 44*J 

when  judgment  on  may  be  pronounced 479 

Assessment  of  damages ;  on  ilefault,  court  or  j^idge  may  make        4r),'» 

j  ury  may  be  obtained  for 45r» 

Attorney  ;  and  client,  taxation  of  costs  as  Iwtween 484 

costs  of  review  and  re-taxation,  borne  by,  when       483 

discharge  of  defendant  from  custody  by 488 

entering  judgment  may  sign  satisfaction  piece        488 

issuing  writ,  to  8ubscril)e  his  name  thereto        447 

fees,  table  of,  in  declaration  an«l  other  causes    614  to  61  r» 

statements  to  bo  made  by,  when  docket  called         47.'> 

Averment,  in  actions  of  libel  and  slander 469 

of  i>erformauce  of  cimditions  precedent      407 

Bail,  bond,  form  of  prescribed 448, 474,  61 .'» 

how  assigned  to  plaintiff  by  sheriff  47."> 

party  arrested  to  give  to  sheriff,  &c 448 

sheriff  to  return  with  capias       47r» 

common,  abolished  4iA 

in  action  tm  bond,  when  allowed  to  render       475 

living  at  distance,  may  ju-^tify  before  judge,  &c 475 

order  to  hold  tlofendant  to,  how  obtained  448 

Bj^cial  not  necepsar>',  where  sheriff's  bail  justify      474 

to  sheriff,  shall  continue  to  action        474 

when  called  on  to  justify 474 

principal  may  be  rendered  by 474 

Barristers*  society  ;  fees,  on  entry  of  causes  at  Halifax,  ])ayable  to 476 

to  be  appropriated  to  use  of  law  library  476 

Bills  of  exchange ;  loss  of  not  to  ha  set  up  as  defence         482 

payment  of  debt  and  costs  stay  of  proceedings        483 

wiiat  pleas  inadmissible  in  action  on 465 

Capias ;  affidavit  for,  what  statements  to  contain        448 

concurrent  writs  of  may  issue;  form  of  writ        448,  607 

defendant,  discharged  if  plaintiff  does  not  proceed     449 

effect  of  wrong  descrintion  of  in  writ 449 

how  set  aside  and  defendant  discharged        448 

return  of,  when  to  be  made  by  sheriff     449 

Casee,  in  which  prothonotary  may  enter  judgment,  &c.  483 

Caoaee;  entry  of  for  argument,  by  whom  and  when  made 478 

trial,  rules  regulating  priority  of 476 

what  fees  i)ayable  on  at  Halifax 476 

list  of,  whett  to  be  given  in  to  i)rothonotary 476 

of  action,  different  may  be  joined  in  same  suit     471 

to  be  conducted  in  names  of  the  real  parties 453 

CSBrtionuri;  bail  to  be  filed  before  issue  of  writ     463 

endonement  of  amount  of  bail,  how  made 463 

procedure  under  writ  regulated  453 

Oiamben;  appeal  and  Bummary  causes  may  be  tried  at 467 


7M  GKNEBAL  UTDXX. 


TAlBM, 


^     SUPMEIHE  COVRT)  PI.EA]»IMG8,  Ac— GoBttnacO. 

Chambers;  appeal  from  decision  of  judge  at,  regulated,  Ac  442 

judge  shall  sit  ODce  eyery  week  at,  &c 441 

judgments  on  cases  argued,  may  be  pronounced  at       480 

power  of  court  to  regulate  practice  at       44J 

rule  ntn  returnable  at,  judge  may  g[rant  ^.441 

summons  for  attendance,  one  sufficient     441 

Choses  in  action ;  assignee  of  may  sue,  proceedings  thereon,  &c 501 

assignor  not  to  release  or  sue  after  assi^ment  506 

defence  against  assignor,  available  agamst  assignee  M2 

effect  of  release  by  assignior  without  notice A£ 

notice  of  assignment  to  ne  given  by  assignee      5Q3 

Circuits ;  commencement  and  duration  of  courts        444to445 

division  of  province  into,  and  extent  of. 444 

duration  of  sittings  of  courts,  limited  446 

extra  sittings  of  provided  in  certain  cases  44S 

jurors  bound  to  attend  at  extra  sittings        447 

no  new  notice  of  trial  required  at  extra  sittings 447 

provision  in  case  of  non-arrival  of  judge,  Ac 447 

Ck>mmissions ;  costs  on,  when  used,  to  be  costs  in  cause     48$ 

Compensation,  in  certain  personal  actions,  how  made 46^ 

Computation  of  time ;  regulations  as  to » 482 

Contempt  of  court,  in  vacation,  how  punished  48J 

Continuance ;  entry  of  need  not  be  made  on  record 46S 

in  default  of  statement  of  plaintiffs  attorney      475 

on  ground  of  absence  of  witness,  how  obtained,  &c 476 

Contract,  to  deliver  sx)ecific  goods ;  procedure  in  action  for  breach  of    481 

Conveyance,  may  be  made  by  sheriff  in  certain  cases 491 

Costs;  all  costs  and  fees  shall  be  as  in  chapter  114 483 

as  between  attorney  and  client,  how  taxed,  Ac 4S( 

bills  of,  to  be  examined  by  prothonotary  before  taxation      488 

when  taxed,  shall  be  filed  with  prothonotary    48* 

defendant  entitled  to,  where  plaintiff  does  not  proceed,  &c 485 

execution  may  issue  for  interlocutory 484 

not  to  issue  for,  until  bill  filed 484 

how  sued  for  and  recoverable 481 

in  appeal  causes,  successful  party  to  have  added     484 

summary,  &c.,  causes,  what  to  be  allowed     484 

what  currency  to  be  payable    "^ 

judge  must  allow  and  sign  bills  of *^ 

judgment,  party  obtaining,  entitled  to  recover        4^ 

of  all  issues  borne  by  party,  against  whom  found 468 

declaration  annexed,  &c.,  when  allowed 448 

first  trial,  when  not  allowed  on  second        j^ 

interpleader,  court  to  make  rules  concerning 5w 

review  and  retaxation,  when  borne  by  attorney        4» 

on  acceptance  of  money  paid  into  court ^ij 

amendment  of  pleadings,  how  borne ^-^'^ 

admission  to  defend  within  year  after  judgment 4* 

assessment  of  damages,  how  taxed,  &c ^ 

commissions,  &c.,  to  be  costs  in  cause ^ 

confession  by  one  or  more  defendants  in  ejectment *^^ 

discharge  of  defendant  from  arrest  under  capias «..  4^ 

examinations  <;^  6<m6  «9«p,  costs  in  cause,  unless,  &c *^ 

judge's  order,  when  made  rule  of  court ^ 

judgment  after  non-joinder  and  amendment ^ 

by  default  in  ejectment j? 

where  particulars  annexed. ^ 

not  given        ^  Jjj 

in  ejectment  for  claimants,  &:c 2 

plea  in  abatement  and  amend  ment  thereof *""  S 

rules  made  absolute,  &c.,  allowed  to  successful  party 2 

setting  aside  false,  frivolous  pleadings,  Ac — ~  ^ 

uxmecessaiy  pleadings,  te. 


•■••M 


GENERAL  INDEX.  TB7 

PAOE. 
IVPREHIE  COURT;  PI.EAB1NG8,  ilMN-Coiilinaed. 

Coats  ;  party  obtaining?  jadgment,  entitled  to  recover        486 

penalty  for  taking  excessive,  ana  how  recovered 488 

security  for,  application  for  when  to  be  made 462 

effect  of  not  ^vins^  in  year  liter  order  for 4d2 

in  second  action  of  ejectment 496 

on  appeal  from  decision  of  judge  at  chambers        462 

order  for,  how  granted  and  obtained 463 

taxation,  notice  of  when  to  be  given  in  Halifax.. 484 

reviewal  of  provided  for,  &c 488 

when  taxed,  bills  must  be  filed 484 

when  less  than  $8  recovered  in  certain  actions,  effect 485 

Counsel,  addresses  by  to  court  on  motion  during  trial 477 

jury  on  trials  regulated 477 

fees  payable  to,  regulated *. 616 

priority  of,  as  respects  arguments  regulated 479 

signature  of,  not  nece^ary  to  pleadings 470 

Damages,  assessment  of,  how  made,  ordered,  &c 446 

in  nature  of  interest  allowed  in  certain  actions 481 

jury  may  award  to  either  party  in  replevin        499 

when  less  than  88  recovered  in  certain  actions,  no  costs 485 

Death  ;  in  ejectment  of  claimant  after  verdict  and  before  execution 498 

before  trial,  effect  of,  &c 498 

or  defendant,  not  to  abate  action 498 

whose  right  shall  survive 493 

one  or  several  joint  defendants,  *c 494,  495 

sole  or  all  defendants,  after  verdict 494 

before  trial 494 

in  other  actions,  of  either  party,  between  verdict  and  judgment...  461 

one  of  several  parties,  if  action  survive 459 

plaintiff  between  interlocutory  and  final  judgment  461 

or  defendant,  action  not  abated  by 459 

sole  defendant  or  sole  surviving  defendant.      460 

plaintiff  or  sole  surviving  plaintiff 460 

Default ;  judgment  final,  how  signed,  where  |>articulars  annexed,  form         464,  510 

not  given,  &c 456 

for  want  of  plea  to  amended  declaration 468 

in  ejectment,  how  signed,  Ac         490 

Defeasance;  must  be  file<l  with  cognovit  or  warrant 480 

void  if  not  written  on  same  pajier  with  cognovit,  Ac 480 

Defence  formal,  not  reijuired  in  plea,  »&c 471 

Demurrer ;  co/tct'/mm  shall  not  be  moved  for  upon      479 

entry  of  cause  for  argument,  When  to  be  moved 478 

j udgment  for  omitting  to  make       478 

form  of,  and  form  of  joinder  in  465 

in  default  of  amendment  of  pleadings      464 

joinder  may  be  demanded  without  rule 465 

judgment  on  argument  of,  how  given        ^        464 

matter  of  law,  for  argument  must  be  stated  in 466 

on  ground  of  du])licity,  Ac,  how  stated,  to  be  pleaded        464 

irnrty  may  demur  and  plead  to  same  pleading 464 

to  pleadings  what  to  contain,  and  procedure  thereon 463 

Deposit  of  amount  sworn  to,  iVc,  may  be  made  by  party  arrested    449 

Depositions ;  costs  of  taking  under  commission,  costs  m  cause 483 

Detention  unlawful;  replevin  may  be  brought  for 497 

DiBchiir^  of  defendant  from  custody*  how  made,  &c ;.  448, 488 

Diacontmuance,  in  ejectment  as  to  one  or  more  defendants 495 

by  one  of  several  claimants         495 

may  be  filed,  or  rule  taken  for,  at  any  time 471 

Docket;  charge  on  first  entry  at  Halifax,  appropriation  of,  &c 476 

of  civil  causes,  rules  for  making  up        475 

to  be  called  but  once 475 

what  statements  to  be  made  when  called 476 

when  to  be  called,  and  how 476 


728  GENERAL  INDEX. 

PlfiB. 
8IJPREIIfE  COVRTi  PI.EAM!VG8,  &c.— Continwcd. 

Documents ;  copies  or  inspection  of,  eitiier  party  may  demand       (S! 

how  obtained  when  refused  467 

demand  of  inspection  of,  no  stay  of  proceedings         i67 

may  be  set  out,  in  whole  or  in  part         ^ 

Ejectment ;  action  of,  how  commenced  and  conducted     ^ 

in  case  of  joint  tenants,  tenants  in  common,  &c ^' 

appearance  in,  by  whom  ana  how  to  be  entered  ._.  ^ 

confession  of  action,  effect  of  in  certain  cases       4^4W 

conveyance  may  be  made  by  sheriff  in  certain  cases  *91 

damages  assessed,  with  costs,  on  judgment  by  default ^ 

death  of  parties,  action  how  affectea  by,  Ac 493, 491  ^ 

defence  may  be  limited  to  jjart  of  property  only         ^ 

description  of  property  must  be  set  out  in  writ    "W? 

discontinuance  of  action,  by  whom  and  how  made      ^ 

equitable  defence,  defendant  neglecting  to  take  advantage  of         ^ 

may  be  set  up,  and  procedure  thereupon      •-•••  1^^ 

forms  to  be  ased  in  actions  of,  specified 490,  51*2, 513 

issue  and  trial  of  cause,  provided  for ^ 

judgment  effect  of,  in  certain  cases        *5 

for  claimants,  and  execution  thereon  "W 

defendants,  and  execution  thereon w 

want  of  ai>|)earance  and  plea *^ 

where  i)art  of  property  undefended      ^^ 

jurisdictionnf  court  and  judges  over  action '*J 

non-appearance  of  parties  at  trial,  effect  of  **j 

order  for  sale  of  premises,  &c.,  how  to  be  made  ^»! 

plea  may  limit  defence  to  part  only        ** 

substance,  and  fonus  of. 490,  MS,i>lJ 

when  considered  defence  to  whole  action      w 

security  for  costs,  in  second  action,  how  obtained       ** 

special  verdict  may  be  foimd  by  jury      ^Jjj 

want  of  certainty  in  pleadings,  how  rectified ***; 

where  claimant's  title  expires  before  verdict         **• 

writ,  how  served  in  case  of  vacant  possession ■**' 

writs  of  ix»sso8sion,  separate  may  be  issued,  &c "J? 

Entry  of  causes,  for  argument,  by  whom  and  when  made "^i^ 

trial,  when  to  be  made,  &c.  *^ 

Equitable  pleas,  may  be  ])leaded  in  certain  cases,  and  how ^ 

Error;  death  of  party  between  verdict  and  judgment,  not  to  be  alleged  for.        *^ 

ui)on  questions  of  law,  stated  without  pleading     ^ 

Execution ;  articles  exempted  from  lev>' under  J^ 

bank  notes,  Ac,  may  be  taken  and  held  under ^ 

bond  of  indemnity  to  be  given  to  sheriff  in  certain  cases    '*?|. 

coin,  gold  and  silver,  may  be  taken  under       j* 

discharge  of  defendant  from  custody  under  ^ 

effect  of  transference  to  plaintiff  of  securities  taken  under        ^t 

form  of  writ  of,  and  when  to  be  returnable  ^ 

goods  of  <lefendant  &c.,  when  bound  by  writ 4^  **^ 

now  to  be  executed,  may  be  directed  by  endorsement         ^wj 

in  case  of  judgment  against  absent  defendant "^^ 

interest  on  judgment  may  be  levied  under ^ 

interlocutory  costs,  may  be  issued  for  Jj* 

issuable,  after  filing  of  record  and  bill  of  costs      ^ 

for  delivery  of  goods  in  certain  cases *^ 

in  six  years  after  judgment,  without  revival         *S 

on  writ  of  revivor,  X)i»cedure  thereon *2 

mortgagor's  interest  in  goods  and  chattels  may  be  sold       ^ 

on  judgment  in  ejectment,  in  certain  cases     493^  *^S 

privilege  of  member  of  provincial  le^slatuie,  defined         ^ 

return  of  mm  est  imferUuSf  on  proceedings  against  bail ^ 

special,  of  doings  under,  to  be  made  b^  sheriff         ^ 

sheriff  to  pay  over  money,  or  siifBcient,  to  plaintiff      ^ 

surplus  mon^  to  defendant     ^       ^ 


GENERAL  INDEX.  729 

PAGE. 

IVPREME  COVRTi  PE.EADIIVG8,  Ac— Conttniied. 

Express  color,  profert,  oyer  and  special  traverses,  abolished  467 

False,  frivolous  or  vexatious  pleadings,  may  be  set  aside  465 

Fees,  and  costs  for  services,  avS  in  chapter  114       483 

forfeiture  for  taking  exoes8ive,  and  there  recovered  488 

See  Chnjjter  114,  "  Of  CofAs  and  Fees''         611  to  616 

Formal  defence,  not  re<iuired  in  plea,  Ac 471 

Forms,  prescribed  to  be  used  in  supreme  court   605  to  619 

Fraud,  niuiit  be  pleaded,  but  may  be  proved  without  plea  46«5 

Garnishee ;  debts  in  hands  of,  how  bound,  &c 489 

discharj^ed />ro  7-^fl  as  against  judgment  debtor    489 

execution  may  i^sue  ogainst  in  default  of  payment      489 

judge's  order  as  to  debt  due  by,  how  obtained        488 

judgment  creditor,  to  l)e  examined  as  to  debts  due  by 488 

proceedings  where  1  iabil  i ty  is  d  isputed  by 489 

proviso  as  respects  Dominion  insolvent  law     489 

General  issue,  and  all  general  pleas,  abolished  467 

rules;  made  since  the  4th  April,  A.D.,  1853, con tirmed        441 

not  to  go  into  ojjeration  until  published  in  Gazette        441 

ptwer  ot  judges  to  make,  <S:c.,  declared       441 

practice,  Ac,  how  regulated  in  cases  not  pnn-ided  for     441 

In(iuiry  ;  writs  of,  execution  of,  and  when  entitled  to  judgment    463 

Inspection,  of  documents;  demand  of  no  stay  of  pmceedings 467 

either  party  may  demand,  &c 467 

how  obtained  in  case  of  refusal       467 

property;  by  judge  or  jurj*  or  parties  to  suit  478 

rule  or  order  for,  how  obtained  478 

Interest ;  allowed  on  awards  and  verdicts,  where  iudgment  delayed  481 

ui)on  all  debts  or  suras  certain,  by  court,  jury,  5fec 481 

<lamages  in  nature  of,  allowed  in  certain  actions 481 

judgments  to  bear  in  all  cases,  and  may  be  levied      488 

Interpleader;  affidavit  of  defendant,  as  U^  interest  of  third  party         602 

api)lication  of  defendant,  Ac.,  for  relief,  how  made,  Ac.         608 

court,  Ac,  may  make  order  and  hear  case  thereon  608 

order  third  party  to  be  made  defendant         508 

effect  of  non-appearance  of  third  party..... 603 

judge  may  refer  i>roceeding8  to  court,  Ac 604 

j udge's  order  1  iable  to  be  reviewed  by  court       608 

judgment  tinal  and  conclusive  against  parties  503 

provisions  made  a])plical)le  to  sheriffs,  &.c.  604 

rules,  &c.  to  be  entered  and  have  effect  of  judgments  604 

Issue  of  fact ;  may  l>e  left  to  decfision  of  presiding  judge 477 

Joinder;  of  claims\v  husband  alone,  in  action  with  wife 472 

too  many  plaintiffs  or  defendants  468,469 

parties,  joined  as  plaintiffs  how  struck  out  468 

plaintiff  n'm-joinder  of,  how  to  be  amended,  &c.         458 

plea  in  abatement  of  non-joinder  of  co-contractor  469 

joint  debtor       600 

set  off  against  plaintiff  improi>erly  joined,  Ac 468 

what  parties  entitled  to  costs,  upon  the  trial 469 

Joint  debtors;  action  may  proceed  against  defendants  served 600 

continuance  granted  on  cause  shewn  on  affidavit       600 

defendant,  not  served,  admitted  to  defend,  when  500 

defendants,  absent,  suggestion  may  be  made  as  to    600 

arrest  of  one  only  may  be  directed 600 

execution,  extended  how  anA  on  what  property        601 

plea  in  abatement,  for  non-joinder  when  allowed  600 

replication  to,  what  to  contain    500 

9cire  faciM  against,  on  return  after  judgment    501 

Jadgment ;  as  in  case  of  non-suit,  when  may  be  ordered 481 

by  default,  for  want  of  plea  to  amended  declaration 468 

where  particulars  annexed  to  writ 464 

not  ffiyen    465 

eoontiyy  entered  since  Ist  Septemoer,  1851,  effect  of    480 


All 


730  OBNSRAL  INDXX. 

01JPWE1IIE  COURT)  PIiEAI»IN«8,  &G.-Coiiliiiiie«l* 

Judgment ;  countiy,  entry  of  in  Halifax,  nrovided  for     JW 

day  of  sloping,  only  to  haye  relation  t<> —        ^ 

final,  how  dischan^ed  by  satisfaction  piece,  &c ^ 

signed  and  dated  bj  judge,  &c ^ 

for  plaintiff  at  Halifax,  on  cause  called,  &c ^J^ 

on  circuit,  on  cause  being  called,  ^ ^'^ 

form  of  satisfaction  piece,  and  by  whom  signed.        ^ 

in  case  of  death  of  party  between  Terdict  and ^I 

plaintiff  between  interlocutory  and  final   4<tt 

sole  or  sole  suTFiTing  defendant *W 

plaintiff *W 

marriage  of  woman,  plaintiff  or  defendant        463 

ejectment ;  effect  of  in  certain  contingencies *^  ^ 

for  want  of  appearance  and  plea. w 

on  confession,  effect  of  in  certain  cases 4W,  w 

where  part  of  property  undefended w 

undefended  causes,  prothonotary  may  enter,  Ac w 

may  be  pronounced  at  chamliers  in  certain  cases w 

entered  with  interest,  where  verdict,  Ac.,  delayed.       Jw 

of  nonpros  for  want  of  replication  to  amended  pleas        w 

on  acceptance  of  money  paid  into  court        *2 

special  verdict  for  claimants  in  ejectment w 

revival  of,  by  revivor  or  scire  facias,  provi  ded  for J^ 

parties  admitted  to  defend  within  year  after        j* 

to  bear  interest  in  all  cases " *? 

upon  discontinuance  by  plaintiff,  how  entered    J*J 

questions  stated  for  trial,  without  pleadings.     *» 

when  defendant  out  of  province,  how  revived,  &c ^ 

where  one  or  more  only  of  several  defendants  appear *^ 

particulars  not  gi  ven  with  writ,  not  final *J! 

Jury;  addresses  of  counsel,  Ac.,  to,  regulated,  on  trials Ji* 

causes  for  trial,  when  to  be  called,  Ac •J* 

given  to  prothonotary *J; 

issue  of  fact  may  be  tried  by  judge,  without ^ 

may  allow  damages  in  the  nature  of  interest *| 

interest  on  debts  or  sums  certain      ^ 

assess  damages,  by  order  of  court  or  judge *^ 

award  damages  in  replevin  to  either  party **• 

find  sijecial  verdict  in  ejectment *?J 

Justification  of  bail  ;  at  what  time  may  be  made        ^i,}^ 

before  whom,  where  parties  at  a  distance 2^ 

Libel ;  what  averiuents  plaintiff  may  make  in  action  of ^ 

when  and  how  averments  put  in  issue      ^L 

Marriage  of  woman  plaintiff  or  defendant,  not  to  abate  action ^ 

Mesne  process,  writ  of ;  action  form  of,  need  not  be  mentioned  in ^^ 

attorney  issuing  must  subscribe  with  his  name **f 

concurrent  how  issued,  marked,  and  returnable  -'*^^»  jfi- 
date  of  is?ue  of,  to  be  marked  on  by  prothonotary  **' 
declaration  shall  be  contained  in,  except  in  special 

cases **' 

defendant  discharged  from  arrest,  if  plaintiff  does  not 

proceed jK 

endorsement  by  sheriff  of  receipt,  service,  and  rotura.  jW^ 
forms  of.  in  personal  actions  i)rescribed,  Ac...  447,  ^^ 

how  directed  and  executed,  and  when  returnable jy 

endorsed,  when  claim  is  under  eighty  dollars       ^ 

served,  in  actions  of  ejectment,  &c    JS 

when  action  is  against  corporation....        *J!| 

Lord's  day,  not  to  be  served  or  executed  on -  JS 

notice  of  trial  may  be  endorsed  on.    *^ 

to   appear  and    plead,   to    be  emdoned   ^.^ 

form  of *^S 

particulars  of  claim  to  be  endorsed  on  summaos.  ...—  ^ 


GENERAL  INDEX.  7S1 

PAttE. 
UPREME  COVRTt  PI.EABING8,  A^e.-CoBtliiaed. 

Mesne  process,  writ  of  ;  return  of,  as  respects  different  counties  provided  for.     449 

service  of,  constructive,  deemed  sufficient  in  certain 

cases ......  460 

personal  whenever  practicable,  and  within 

six  months 460 

sheriff  to  endorse  the  very  day  of,  on  writ  450 
teste  of  abolished,  and  date  of  issue  to  be  marked  on.  447 
when  returnable  as  respects  residence  of  defendants....  449 

Misnomer ;  plea  in  abatement  for,  not  allowed 468 

writ  how  amended  in  case  of 468 

Money  paid  into  court ;  must  l>e  pleaded  ;  form  of  plea 469 

I)aid  to  prothonotary,  who  fi^ives  receipt  470 

th e  plaintiff  or  attorney  on  demand    470 

receipt  to  be  given  on  margin  of  plea.      470 

repl  ication  to  plea  of  payment  of 470 

Motions ;  arising  during  trial,  only  one  counsel  heard  on 477 

order  in  which  heard  on  first  day  of  term  at  Halifax 479 

Mutual  debts,  in  same  right,  may  be  set  off  470 

New  assignment ;  not  to  be  pleaded  unless  by  leave,  Ac.  4(58 

what  pleas  may  be  pleaded  to 468 

matter,  arising  out  of  affidavit,  may  be  answered 458 

trial ;  costs  of  first  trial,  not  allowed  on,  in  certain  cases        484 

to  abide  event  of,  in  certain  cases 484 

not  granted,  if  evidence  sufficient  to  sustain  verdict     477 

rule  7mW  for,  how  taken  under  statute ;  procedure  on  477 

when  to  be  argued  at  Halifax       479 

when  party  dissatisfied  with  amendment,  how  obtained      474 

Non-pros:  judgment  of,  for  want  of  replication  to  amended  pleas 468 

Non-residents;  agent  of  absent  defendant  served  in  certain  cases  461 

may  be  allowed  time  to  communicate  with 461 

amendment  of  writ  against,  how  to  be  made,  Ac.         462 

British  subject,  how  to  be  proceeded  against  460 

defendant  may  appear  and  plead  before  judgment        462 

execution  on  judgment  against,  when  to  issue,  &c 462 

foreigner,  how  to  be  proceeded  a^gainst,  &c 462 

forms,  substitution  oi,  no  objection  to  process        462 

publication  in  Royal  Gazette,  when  sufficient  service    461 

re-hearing  may  be  obtained  with  in  three  years       462 

service  of  process  upon,  how  authenticated      463 

substitution  of  forms,  no  objection  to  process         461 

time  may  be  allowed  agent  m  certain  cases     461 

Non-suit,  judgment  as  in  case  of,  when  ordered    481 

Notice ;  given  between  attorneys  during  cause,  how  proved,  Ac 473 

of  appearance,  after  time  8p-*cified  in  writ 466 

counterman  d  of  no t ice  of  trial,  when  to  be  given    472 

taxation  of  costs  in  Halifax,  what  sufficient     484 

trial,  may  be  endorsed  on  writs  of  summons  463 

new,  not  required  at  extra  sitting,  &c 447 

what  sufficient  in  case  of  non-residents  472 

when  parties  reside  in  province    472 

to  appear  and  defend  property,  endorsed  on  wnt  of  ejectment 490 

plead,  snail  be  endorsed  on  writ    448 

plead,  &c.,  to  be  endorsed  on  amended  declaration,  Ac 467 

when  receivable  in  evidence,  in  progress  of  cause 473 

Order;  for  amending  pleadings  calculated  to  mislead,  Ac 464 

copy  or  insi)ection  of  documents,  how  obtained 467 

examination  of  witnesses  de  bene  esse,  costs  on        483 

further  time  to  plead,  how  obtained   470 

inepection  of  property,  &c.,  how  obtained 467,  478 

partieulai8,  further  and  better,  how  obtained   464 

how  obtained  by  either  party 464 

ptyment  into  court,  as  amends,  Ac,  unneceesary 469 

pUtts  of  property,  in  actions  of  trespon    ifi^ 


Tsa 


inc  c 


TTter 


?isnf 


fiir  <^"ir:r-  -•  ^r  -  -ni.  icii  «ir  it  or"»«?»*^Liii^.  ±c 

".    :.  \-\  >--a-.in'  "i    ':i:L  i-.w  M'Q.a*-:.  t-v  ....         

■i-ics     in:if*^,-:  -      r  -ntiuCJ^i    a  '▼rr'  ■•■  '.M:i::iti5.  io 

'r--::->  -      -*  ^-^^a    a  i^*  "'.'.unt-.i  .:'  lar        

■»:?-*••'    r  ii:  rr.*  a  r"  »«- -ir:i»?r  ;:!irr-         ..  .  

:  1-  c  J""-*!!  ^'"  :Li;nTi:f        ...  ,.  .. 

.1  wr:.  a*  1 :  "rrv*'"*?:-.  J-  'v  :  ota-zeL  ±i; 

'^  — ''-  ^.  zL'^^.  ■•»'  r"."-*ii  1^  lef-^aiinau  

■r>r -■«• -ir'H'^r  li-:  ••**T«rr  !ii-w  jJ^caui*^!  ...    . 

r.  i:»-  "     "•— a»L  u.-t-ni.  irtf^r  iuiiT^ry    :  ..  ..  ..  .. 

"»  :»*a  -t-^ak  fc' .    a  -^..u-i/Ie  rr-Min-l-.  put  in.  how  ..■htained... 

-r:*   Z'i    v.iir:.  3i>t  ■•*  .«f:uie«; -a  f:rii  .r^'*n  

:«*'  i. . :a::'  n  :. •  ;  i-^n  : r .  'vi:  ir  z-.:  .^:■  ntJiin     

i-»:i--i.-.- :  . :  i>t  I  -c*^  i.  1:1. :  31 .  r;. ■•?  * ;  7  ieii. i  reLkinni 

■»'.:.* I-  Hi.  :::-i-  >  :ii*H»>'L  Ji  .•»:r^k;n  ■.■ai«         

.z  I'.n.Zr'-jiKD.z  :'".r  1;  *&!  zi»*t.  ^*:z  i-lowf»«l      

Z'".".     2  >r  :i*  .•::-:i*f-»C':ju:t.  not  alio wt?ti... 

:'  z.  -;.  iiier  "'  *•'—.•*  !:m«:t..T.  .w  'lefeii'iaai    

I.*."::  .z*  :* . 7  "-I'v -^^  •  T  •*!"  !iT"er:iru;  plaint : 2"9  ^o . •  I*       

rr«7ik«ic*  :    -iz-L    r«?ri:io:i -jf  ..  ..         

Trr*"*?.  i='>;"-^n;i'ea"    :  .'i-ntr'-'t ...  .  

■.!!    lI^s  .:*■»!  'h-k:!,^  ixiti  i-r  ^lisc*.  rv  notes  ...  


U.- 


y.  wz.it  s*.irs:*ar5'  

:-  TrCAT. t*  An  i  *' *o : JL tirs      

■.rz-il  I-'i-— *    '  ir'/.L*!:-?ii.  jfc.: 

•■iKi.T-inr  ^iii.*»^,  nor  !!'ri>r#ujv  to  nil?  jr  ?*^rv»?     

not  •-•»  r-j'  wAi ve*1.  w: t h  ■  at  Leave  : f  0 ■  .^ urt     

of  frAU'l  miL-t  h*e  »j.-r»':.il.  w'-rs  r^Ii^'i  on  

Ti,fkZt*i r.-  in  .^  :■  n r**^.* i  . n  ani  L  i v  :■ ;  1.4r.  .•«*.  « wt"i;il        

nil  fl^f^f  n^^t  Vj  :*?  \\\  w^i  in  anv  action        

fAVTE^Dt  int-"^  .>j-irT.  la  1  :'  rni  of  

n-jt  al;'>we'i.  ur/i'T's*  in  ''Ar 

pu  f'jf  darrein  '^jitfin  wm.  1^.  h  w  ;.i  [ea  !•*•  1     

ft*yon«'l  or  ^lihT-etiiirnt.  m-iv  V  j-lr-i  l*:''.  with.-ut  leave 

tirri*r  for.  nile  "r  -ir-i^r  for.  h  -w  i.-Htiiiirii     

t^j  new  afi.-^iffnment.  what  may  Jv  i'le.t'le'l  

wh<-n  one  all»wafile  to  ^f-veral  c  ■lUiLs  

ri*?vlinj(^  ;  am<^n'lment  of.  ap:.»li»:l  for  hy  'iuuimms  

averrrifnt  of  i»erf.'i nuance,  how  t  •  be  •lenied 

df;nuirr»T.  f«>r  want  ^f  amendment  to.  A:c 

form  of.  and  of  joinder  in        

m>i.*t  hfi  pleadeil  t»y  leave,  iS:c.  

doni mentis,  how  may  l>*  .««?t  out  in  

diif»lioity,  ar^mpntativene.ss  ami  uncertainty  in 
e.xpre«.^  color,  profert,  oyer,  AlC,  aholi^hed 

fuUp, /rivolou?*  or  vexatious  mav  be  >et  aside 

form,  rlftfects*  in,  when  deemed  insuiKcient 

formal  ur  technical  lanj^rua^e  not  necesjiary    

formH  of  in  9che<lule  B.  to  be  .sufficient 

fraud  muMt  l>e  i»|)ecially  pleade<l         

^sneral  iiiMue  and  general  plea.s  abolished 

immaterial  Htatements  in  to  l>e  omitted  

in  actions  on  bills  of  e.xchan^,  what  inadmissible, 
contracts,  what  specially  pleaded 


PAGC 

4«2 

44S 

4.'4 

45* 

4fJ= 

^A 

^•\ 
4M 

*»» 
«! 

471' 
4*-; 

4r^ 
...      ^ 

4:* 

«: 

4»56 

4ft 
#5.- 

4*C> 

471 

463 

471 

KV) 

4fri 
4»>.\4Hi5 

4* 

^ 

4:1 

.  ...  4:*-' 
lt# 

47! 

...  4«54 

*^ 

4fi3,4M 

4*V4 

VA 

46"? 
4tV* 

41^ 

4f^ 

4t^ 

4^5 

45» 


]K)licie8  of  insurance,  interest  how  ayened     ^ 

specialties,  &c.,  o])eration  of  denial 
leave  need  not  1)6  plea<led  to  subsei^uent  pleas 
nmst  1)6  filed  and  served  within  limited  time 
not  to  iHi  waived  without  leave,  &c. 

part^  niay  plead  and  demur  to  same 

replication,  effect  of  not  putting  in  before  trial 


GENERAL  INDEX.  788 

PAGE. 
rPREJWE  COURT  |  PI.EAMIVG8,  &c.— Continiied. 

Pleadings  ;  replication  to  plea  of  payment  into  court       470 

pleas  for  defence  on  equitable  grounds  469 

several  pleas  allowable,  when   471 

rule  to  plead  and  demand  of  plea  abolished  467 

signature  of  counsel  not  nece!*8ary  to 470 

suggestion,  where  counts  for  same  cause  of  action '       471 

time  to  plead,  rule,  &c.,  for  how  tj  be  obtained  470 

to  specily  concisely  facts  intended  to  be  denied    467 

Practice,  how  regulated  in  cases  not  otherwise  provided  for  441 

rule?*  for  altering  regulating,  &c.,  to  be  made  bj'  court  441 

not  to  go  into  oi>eration  until  published,  &c.  441 

Priority  of  counsel,  as  regards  arguments,  motions,  &c.,  regulated        479 

P*robate  court ;  appeals  from  U)  be  directly  to  supreme  court  481 

Prothonotary,  at  llalif ax  ;  entry  of  country  judgments  by      394 

fees  payable  to  for  use  of  law  library    476 

list  of  causes,  when  to  be  ^iven  in  to  476 

rules  for  guidance  in  makmg  up  docket  473 

bills  of  costs  examined  by,  before  taxation  483 

cognovits  and  warrants,  to  be  filed  by,  &c 480 

entry  of  judgments  by  in  certain  cases 483 

fees  of,  for  services,  regulated,  &c 611 

order  for  further  time  to  plead,  granted  by  470 

particulars  may  be  granted  by        464 

security  for  costs  may  be  granted  by 462 

report  of  judge  of  trial  to  be  delivered  to    479 

taxation  of  costs  by  in  undefended  causes..  483 

reviewal  of  provided  for 483 

Questions,  for  trial  without  pleadings,  how  stated      462 

judgment  on  finding,  how  entered  and  recorded 462 

of  law,  after  writ  issued,  how  stated.  &c 463 

Replevin  ;  affidavit  to  be  filed  before  issue  of  writ  of        497 

what  imrticulars  to  be  stated  in   497 

bond  to  be  given  to  the  sheriff  in  double  the  value 498 

court  may  make  rules  regulating  practice  in 499 

damages  may  be  awarded  to  either  party  in      499 

default  may  be  marked  for  want  of  appearance      498 

defendant  may  retain  proi^erty  on  giving  security 499 

for  what  action  of  may  be  brought,  Ac        497 

goods  in  custody  of  sheriff  not  reple viable        497 

in  case  of  unlawful  detention,  form  of  writ 499 

jury  may  find  specially  in  certain  cases 481 

justification  or  avowry  must  state /(>CM«     499 

pleas  to  action,  in  abatement  or  bar 499 

on  equitable  grounds 499 

return  of  writ,  what  particulars  to  contain 498 

service  of  writ,  how  and  when  to  be  made...  497 

sheriff  may  break  open  building  in  certain  cases 498 

search  pei-son  or  premises  in  certain  cases 498 

unlawful  taking  or  detention,  may  be  brought  for  497 

venue  to  be  laid  in  county  where  distress  made       499 

Jteplication  ;  defects  in  form  of,  when  deemed  insufficient 464 

effect  of  not  putting  in  before  trial 466 

may  be  pleaded  without  leave  of  court 466 

one  allowable  to  several  pleas,  in  what  cases       471 

several  may  be  pleaded,  costs  of  how  borne 468 

to  amended  plea,  when  to  be  given 468 

pleas  for  defence  on  equitable  grounds.    469 

plea  of  payment  of  money  inU)  court 470 

Bipoit  of  trial,  l^  judge ;  amendment  in  how  to  be  made 479 

i ..  application  for,        "  "         479 

,  '  argument  confined  to  facts  stated  in 479 

copies  of  to  be  furnished  to  judges. 479 

"    '  filed  on  Tuesday  preceding  uietenn    479 


784  GKHB&AL  IKDBX. 

9AB% 

SITPRCniB  €OIJmT|  PliEATOMGS,  ftc-GontimMd. 

Beport  of  trial,  by  Judffe ;  prothonotaxy  to  fumiBh  copies  of 479 

Betnm ;  of  writs  of  execution,  what  particulars  to  contain,  Ac 487 

mesne  process,  within  what  time  to  be  made.        449 

sherifTs  endorseinent,  what  particulars  to  contain 450 

when  of  non  0Sf  mvtfvi^ii*  on  execution....        473 

ReyiTor  ;  execution  may  issue  without,  at  anytime  within  G  years 473 

form  of  writ  of,  and'in  what  cases  sued  out. 473,511 

judgment  how  revived,  when  defendant  absent 473 

proceedings  under  writ  of,  regulated,  Ac 473 

rule  for  execution  on  reyival  of  judgment       473 

when  feimden'.aintlff  or  defendimt  marries 462 

plaintid  dies  between  interlocutory  and  final  judgment 461 

Kiile ;  for  continuance,  on  ^und  of  absence  of  material  witness 476 

discontinuance,  in  action  of  ejectment 496 

may  be  filed  at  any  time 471 

execution  on  revival  of  judgment,  how  obtained 478 

examination  of  witnesses  £  6«n«  MM,  costs  of        4$S 

further  time  to  plead,  how  to  be  obtained         4iU 

joinder  in  demurrer  not  required 465 

made  absolute  or  discharged,  costs  to  whom  allowed 4® 

fiiin  for  new  trial,  how  taken  under  statute.       477 

when  to  be  argued,  entered,  6bc 478 

may  be  granted  on  first  day  of  term,  AT  porto 479 

returnable  at  chambers,  judge  mny  grant. 441 

to  set  aside  verdict,  argument  and  entry  of ,  Ac        478 

Satisfaction  piece ;  form  of,  and  by  whom  to  be  signed 486 

Schedules  of  forms  prescribed  to  be  used 505to5l9 

Scire  facias ;  unnecessary  within  6  years  after  judgment 478 

writ  in  the  nature  of ,  how  sued  out,  Ac 478 

Securities ;  assignment  of  to  surety,  in  what  cases  and  how  made fi04 

Security  of  costs  ;  application  for,  when  should  be  made ifi 

effect  of  not  ^ving  within  year  after  order  served 4tf 

in  second  action  of  ejectment,  how  obtained..  41* 

on  appeal  from  deciriion  of  judge  at  chambers 442 

order  for  may  be  granted  by  prothonotary 46^ 

rehearing  by  party  dissatisfied,  how  obtamed 46^ 

Service;  of  civil  process  on  Lords  day  void,  and  p«uly  liable 4* 

notice  of  appearance  and  defence  in  summary  suits 463 

countermand,  when  sufllcient 47i 

trial  in  cases  of  non-residents 4?* 

what  sufiicient  in  other  cases 0 

where  pleadings  amended 467 

notices  between  attorneys,  how  receivable  in  evidence        478 

pleading  must  be  made  within  time  limited 47U 

proceedings  on  defendant  personally 455 

where  no  address  given 455 

writ,  against  corporation,  how  may  be  made 4i6 

constructive,  may  be  ordered  in  certain  cases     4t9 

of  ejectment,  how  made  where  vacant  possession    4W 

on  agent,  in  absence  of  defendant  in  certain  cases 4S1 

defendant,  to  be  personal  where  practicable 459 

when  residing  out  of  province     451 

publication  in  Roual  Oazette,  when  sufiicient      451 

where  made  out  of  province,  affidavit  how  sworn        438 

Setroff ;  against  plaintiff  improperly  joined,  benefit  of  how  obtained    4tf 

defendant  must  plead  and  give  particulars  of       4N 

exceeding  plaintiff*s  claim,  judgment  for  excess         471 

of  mutual  debts  in  the  same  right,  mav  be  made 419 

where  prior  opportunity  to,  no  costs  allowed 4fl 

Sheriff ;  any  may  execute  writs  within  his  bailiwick         Ill 

arrest  of  defendant  by,  under  writ  of  capias I# 

assignment  of  bail  bond  by  endossin^  name fli 

bail  bond  taken  by,  to  be  zetumed  with  capias fli 


GENERAL  INDEX.  785 

PAGE. 

UPREHrC  COURT  I  PE.EAM1VG8,  A^Cr-Conttniied. 

SherifiP ;  bail  to,  to  continue  bail  to  action,  and  to  justify 474 

discharge  of  defendant,  on  making  deposit  with         449 

under  writ  of  execution 488 

endorsement  to  be  made  by,  on  return  of  execution    487 

writ  of  mesne  process        460 

fees  payable  to,  for  his  services,  prescribed    612,013 

liability  of,  for  taking  insufficient  bail    474 

relieved  by  render  of  defendant,  Ac 474 

must  obey  directions  endorsed  on  execution         486 

surplus  money  to  l>e  paid  over  to  defendant  by  487 

where  goods  m  custody  of,  not  repleviable  497 

property  concealed,  power  of  in  replevin  498 

specific  goods  ordered  to  be  delivered        482 

writs,  how  to  be  directed  to,  and  executed  by 450 

Sittings;  at  chambers,  to  be  held  weekly  or  oftener  441 

at  Halifax ;  commencement  and  duration  of 443 

docket  at  extra,  how  to  be  arranged 444 

extra  may  be  held  at  same  time 443 

judges  may  extend  and  adjourn      443 

jurors,  attendance  at  provided  for  444 

procedure  at  extra  sittings 443 

decision  of  judge,  may  be  appealed  from     442 

only  one  summons  for  attendance  necessary       441 

procedure  in  ca^es  of  api>eals  from 442 

rule  ni«  returnable  at,  may  be  granted 441 

Slander ;  averments  by  plaintiff  in  actions  of 469 

how  put  in  issue  by  defendant  s         469 

precise  words  need  not  be  proved  as  stated 469 

special  damage  need  not  be  averred  or  proved    469 

Slanderous  words,  spoken  of  woman ;  special  damage  need  not  be  proved...  472 

Specific  goods ;  actions  for  breach  of  contract  to  deliver,  procedure  in         481 

Stay  of  proceedings;  in  actions  on  bills  and  notes,  how  enected 483 

inspection  of  documents,  order  for,  not  to  operate  as  467 

order  for,  until  security  for  costs,  how  obtained  462 

Suggestion;  of  death,  of  claimant  after  verdict  and  before  execution  493 

or  one  of,  before  trial  493 

claimants  before  trial,  where  no  survivorship         493 

one  of  several  joint  defendants  494, 496 

l)artie8,  if  action  survive      469 

plaintiff,  between  interlocutory  and  final  judgment        461 

sole  or  all  defendants,  after  verdict  494 

before  trial       494 

sole  surviving  defendant 460 

plaintiff 460 

where  survivors  make  defence         496 

Suits,  not  to  be  brought,  where  claim  less  than  twenty  dollars 447 

Sammary  suits;  actions  to  recover  debts  under  880,  to  be  brought  as 466 

appearance  and  notice  of  defence,  to  be  served  in         463 

application  for  jury  in,  how  to  be  made,  &c.  466 

court  may  make  rules  regulating  practice  in 467 

how  entered  and  tried  at  Halifax  467 

in  other  coimties         467 

jud^e  may  try  at  chambers  at  Halifax      467 

noltice  of  trial,  what  length  of  sufficient  467 

jiarties,  witnesses,  Ac,  bound  to  attend  trial  467 

trial  of,  when  to  take  place,  except  in  Halifax 466 

Svnimoiis,  for  attendance  on  judge  at  chambers,  only  one  necessary 441 

form  and  requisites  of  writs  of ,  Ac.  447,  460,  606 

Smday,  Christmas  Day,  Good  Friday;  time  reckoned  exclusively  of 482 

Duunoa  of  costs ;  as  between  attorney  and  client,  regulated  484 

bills  to  be  examined  by  prothonotiury  before      483 

Botice  of,  when  to  be  given  in  Halitax       484 

prothonotary  in  undefended  causes  may  act      489 


7S6  OENBRAL  INDEX. 

PAei. 
HUPREME  COURT;  PE.E.4DI^GIii,  Ace— Continued. 

Taxation  of  costs  ;  reviewal  and  reduction  of,  provided  for      4© 

Terms ;  commencement  and  duration  of  at  Halifax  44S 

in  other  counties       444  to  446 

judges  may  adjourn  and  extend,  when  necessary 443 

number  of  days  sittings  to  be  exclasive  of  Sundays     416 

Teste,  of  all  writs  aboii?>hed  ;  writs  to  be  dated  when  issued 447 

Time ;  computation  of  as  clear  days,  how  to  be  reckoned         4&J 

to  be  reckoned  exclusively  of  Sunday,  Christmas  Day,  &c 482 

Time  to  plead ;  grounds  of  application  for,  disclosed  on  affidavit  470 

order  for  may  be  granted  by  prothonotary,  when    470 

Trespass,  quare  clausum  f regit ;  effect  of  plea  of  non-committal  of  468 

property  must  be  described,  &c 408 

to  perse m  or  proi)erty,  defendant  entitled  to  particulars  468 

Trial ;  addresses  to  court  on  motions  arising  during,  regulated        477 

jur>' upon,  how  regulated,  &c 477 

adjournment  of,  may  be  ordered  by  judge 477 

amendment  of  pleadings  at,  may  be  made  by  judge       474 

new,  costs  of  first  trial,  how  to  be  Allowed  on  484 

not  granted,  where  evidence  sufficient,  Ac 477 

proceedings,  where  judge  refuses  rule  for 477 

Venue;  change  of,  not  to  be  made  without  order  of  court        468 

need  not  be  stated  in  body  of  writ  465 

where  local  description  required,  to  be  given 4(3 

to  be  laid,  in  replevin  for  goods  distrained 489 

Verdict ;  if  evidence  sufficient  to  sustain,  no  new  trial 477 

interest  may  be  allowed  on,  in  certain  cases        481 

judgment,  with  interest,  may  be  entered  upon 481 

jury  may  find  siiecial,  in  action  of  ejectment       4i^ 

rule  7M*t  to  set  aside,  by  whom  entered,  &c   478 

Warrants,  to  c<.>nfe88  judgment ;  filing  of  in  prothonotary's  office  provided  for...  480 

provision  refi])ecting  in  certain  cases    480 

registry'  of,  where  lands  lie,  provided  for    480 

Writs  of  mesne  process ;  see  ^WMti^" /Vo6'c<«   447,  Ac 

Wrongs  indei:>endent  of  c«  )ntract ;  specimens  of  forms        51 7  to  M9 

SUBETIKS  IxcoRPOHATKi),  FOR  Offickus.    ^q  Officers,  S^c '^ 

TO  OR  FOR  Firms.    See  Partnerships   60.'» 

SrROEBY  AND  Medicink,  PRACTITIONERS  IX.     See  Medicine  mid  Surgery U6 

SuBPLUB  Proceeds,    ^e  JusticeSj  Jurisdiction  of 418 

LmidSy  Sale  of  und^r  ilvecution        f:^* 

Foreclosure i>79 

Probate  Court 406 

Supreme  Court,  Pleadings 487 

Subrogate.    See  Probate  Court      410 

Survey.    See  Boundaries  of  Counties,  ijfc UV 

Crown  L(mds 84 

Mines  and  Minerals 40-1 

Surveyor.    See  Crown  Lands ^'*1^ 

Property,  Trespasses  to »- 

Surveyors  OF  Highways.     See  Guiae  Boards,  ^c 339 

Highway  Labor...  254-6-7 

Townships,  Certain  County,  S^c 181 

Swine.     See  Animals,  Certain  going  at  Large .'. 837 

T. 

Tail,  Estates ,    

Tales.    See  Juries 4< 

Tavern.    See  Intoxicating  Liquors M^ 

Taxation  op  Costs.    See  Supreme  Court,  Pleadings 4Bf^ 

Doos.  Dogs,^c „*    I 

Tbachkbs.    See  Public  Jfu^uetim 167,  ITi^i^M 


OBNERAL  »DBZ.  787 

PAttE. 

XAM8.    See  HigkuHiy  Labor 2M 

'KNANcncs  AND   FoBCiBLR   ENTRY  AND   Detaiksb,    Sm  FoTciNe  JBtOry  mid 

D0tamer* 582 

■NANCT  BY  THE  CuBTESY.    See  Dticetd  oft  tc.,  JEaUUe 874 

IN  DowEB.  "         "         "  874 

Joint  AND  IN  Ck)MMON.    Bee  Joini  Tenancy 805 

■NANT.    Bee  Escheating  Ij(mds  Forfeited  to  ike  (yawn, 584 

Forcible  !Entrt^  and  iJetainer 582-8 

Lands,  Partition  tf, 57(V-8 

Jient,  Distress  for....  585 

*JiNDXB.    8ee  Justices,  Jurisdiction 417 

'XBM0FYEAB8.    See  Limitation  of  Actions        566-7 

'KBMS.    See  Public  Instruction        185 

Supreme  Court,  Pleadings 442  to  447 

'BBBiTOBiAL  AND  CASUAL  Rkvbnub.    See  JUvenus,  Camial 19 

taTE  OF  Wbits.    See  Supreme  Court,  Pleadinas 447 

IWTiMONY,  Pebpetuation  OF.    See  Equity  Procedure  588-4-^ 

*IMBEB.    See  Rivers,  Conveying  Timber,  ^c 888 

'XMB,  Computation  OF.    Siee  Supreme  Court,  Tteadings  482 

TO  Plead  **  «*  "  470 

'iTLBB,  previous  to  1841.    See  Lands,  Sale  of  under  Execution 582 

V>LL  Bbidoes.    See  Municipalities        804 

*OJ*LB,    See  Hivers,  Conveying  Timber,  ^c 888 

'OWnClsbk.    See  Corntnon  Fields        240 

Horses  and  Cattle,  Stray 88$ 

Meetinos.     Pbor,  Settlement,  ^c.  108-8-5 

Officebs.      Townships,   Certain  County^  tc.    18^ 

^WNSHIP.  Poor,  Settlement,  ^c 189,192-4 

CouNCiLLOBS.    See  MuntcipaUtiet.  316 

m^MnVSHlPS,  CERTAIN  Co€nTY  and  TOTRFNSHIP 

OFFICKR8 131 

Boundftry  Imes  of  towDshipfl  oonlirmed 181 

-.,   Chief  constable ;  appointment  and  salaiy  of 134 

bond  to  be  given  by 134 

constables  of  oounl^  to  assist    184 

deputies  may  be  appointsd  by         134 

duties  and  powers  of    184 

fees  additional  on  piocess,  where  appointed 184 

payable  to,  same  a«  constables'         185 

Justice  of  peace  not  to  hold  office  of 135 

to  make  return  of  extra  fees        134 

other  constables  may  serve  process,  Ac 134 

Constables,  in  County  of  Halifax,  how  appointed 132 

police,  appointment  and  pay  of 138 

funds  for,  how  to  be  nused 138 

penidt^  for  resisting,  Ac 138 

special;  aiqpointment  of,  how  mad^  and  when. 132 

by  whom  directed  and  controlled 183 

to  be  sworn  into  office       138 

duration  of  appoiatmemt  of        183 

penalty  for  relusing  to  serve  as         ;  138 

verbal  appointment  of,  in  certain  cases    133 

G6un^  treasom;  salary  to  M  fixed  by  sessiona .,135 

Owtody  of  plans»  gnats,  fte^  in  whom  veaked. 132 

IMhiition  of  terms  used  in  chaptMT       135 

]ionn  of  oath  to  be  taken  by  officers. 135 

JoBtioeemay  define  duties  of  town  officers 185 

Usts  odE  officers,  to  be  posted  by  clerk  of  peaeeu 135 

Somtyor  of  highways  bow  apjj^inted  in  eertaia  eases.    131 

iiidamnifVratian  of    135 

returns  when  to  be  OMMto  by- 135 

lowMliipliBas^aiq^xMBtmesianA  duties  of 131 

VvnoOeen;  a»poi»tiMaiandnominatto»«f. 132 

fWihV^iui  TB^-^gpua^mmi   ...... 135 


738  OBNBRAL  INDEX. 

PA6K. 


I^TRFMSIUPS,  CERTAIN  COUIVTY,  Atc«— CoBtliiDcd. 

Town  officers ;  forfeiture  for  reAisal  to  accept  office,  Ac 18S 

to  be  sworn  into  office,  and  by  whom 132 

vacancies  in  office,  how  supplied ISS 

when  to  enter  on  their  duties ^     IS*** 

towNSUiPS,  CouNTiRR,  &c.,  fiouNDARiRS  OF.    See  BoundoHes  of  Oountiet,  ^c. 100 

Municipal.    See  MurUcipaHties      311to816 

Transfers  of  M  in  in  q  Rights.    See  Mines  and  MmeraU 4S,  51 

Transportation  AND  USE  OF  GuNPOWDKR.    See  Gttnpotwfer,  ^o 8S! 

Traverses.    See  Escheatmo  Lands,  ifc 564 

Treasurer.  Municipalities 294-!k-T 

I\)or,  SettleMent IftM 

CJouNTY.    See  County  Treasurer 

Public  Exhibit ioTis 385 

Treaties,  &c.,  how  proved.    See  Witnesses  and  Evidence 541 

TRfRES.    See  Craion  Property y  Trespasses  to    95 

Trespass.    See  Limitation  of  Actums     560,560 

Supreme  Court,  Headings     ^^^ 

Trespasses  TO  Crown  Property.    See  Crown  Property,  i^c         W 

Trials.    See  Absent  or  Absconding  Debtors ^51-2 

Escheating  Lands,  i^c 584 

Justices,  Jurisdiction 414,416 

Supreme  Court,  Pleadings 474-7. '484 

Trover.         Limitation  of  Actions 55^ 

TRrsTEBS.       Corporations,  General  Provisions  Hespecting 275 

Equity  Procedure 535 

Executors,  Administrators,  and  Trustees        555 

Library  Associations 387 

Pub^  Instruction 169  to  174, 178 

Eeligious  Congregations,  fc 142-3.146 

Trustees,  Executors,  Ac,  suits  against.    See  Executors,  Admimftr'7to''s.  A-r:       ^?4 
OF  Public  Property.  Public  Property.  Fnutfeett  .*/  .       5"*^ 

TRV8T8  AMD  TRUSTEES        

Application,  for  order  of  court,  how  made  and  supported 5W 

may  be  by  petition  and  affidavit,  Ac 590 

to  master,  in  first  instance  ;  procedure  in  case  of        5fl5 

order  when  granted  by,  how  enforced 69J 

who  may  make  ;  disability  not  to  affect  applicant      5^ 

Appointment  of  new  trustee  for  church  lands,  &c.,  where  not  provided  for        6W 

provided  for        5fl5 

Assets,  distribution  of  by  executor  or  administrator  provided  for  592 

liability  of  executor  or  administrator  in  respect  to 5©2 

notice  to  be  given  prior  to  distribution  of,  &c.  5^ 

right  of  claimant  or  creditor  to  follow,  not  prejudiced        583 

Assignment,  of  personal  property,  partv  may  make  and  how 5S1 

Attorney,  power  of  ;  acts  done  bond  Jide  under,  no  liability  for      591 

proviso  as  respects  knowledge  in  relation  to        591 

rights  of  parties  entitled  not  prejudiced,  &c 501 

Certificate  of  master,  on  application  for  order,  contents  of ,  &c 590 

person  obtaining,  may  apply  to  court,  &c 590 

Church  property,  &c. ;  new  trustee,  where  ap(>ointment  not  provided  for  594 

where  appointment  provided  for 58J 

Construction  of  words  not  defined,  same  as  in  **  Trustee  Act,  1850"        598 

Conveyance ;  court  may  appoint  person  to  make  in  certain  cases    590 

efifect  of,  when  duly  made,  same  as  under  order 981 

in  case  of  refusal  or  nesclect  of  trustee,  how  made    ^ 

Costs;  of  order  improperly  obtained, by  whom  payable fliJ 

orders,  petitions,  Ac,  may  be  paid  out  of  proceeds  of  lands  ^ 

on  application  to  master  in  first  insDance,  how  paid,  &c 9$ 

hearing  of  motion  or  petition,  how  regtdated,  &c.  2 

Court ;  equity  court,  supreme  court,  &c.,  defined       !• 

Death  of  trustee  intestate,  without  heir,  &c.,  procedure  in  ease  of Ij 

Definition  of  terms  used  in  chapter,  and  rule  of  oonstruction M^t^ 

Diaabilify  of  applicant  for  order,  not  to  affect  application  ^  0 


I 
J 


GSNEBAL  IKDBX*  7S9 

PAGB* 
WIJ8T8  A.ND  TRUSTEES— Continued* 

DLstribution  of  assets  by  executor,  &c.,  how  made  and  effect  of  592 

FVicts,  necessary  to  order,  when  proved,  court  may  make  order        590 

Incapacity,  Ac,  of  trustee  ;  order  founded  on,  evidence  of  what         590 

Infant  trustee ;  order  with  respect  to  how  made  and  effect  of        588 

Jurisdiction  ;  if  trustee  out  of ,  Court  may  make  order,  &c 688 

land,  converted  into  money  by  railway  act,  proceeds  how  considered,  Ac 580 

reconveyance  or  reassignment  of,  when  may  be  ordered 591 

Liability  of  trustee,  limited  to  money,  &c.,  actually  received  by  him  59*2 

Master;  application  maybe  made  to  in  first  instance,  procedure  598 

certificate  to  be  given  by,  and  towhat  effect        590 

order  when  granted  by,  how  may  be  enforced  593 

reference  may  be  directed  to,  upon  hearing  petition         590 

Mortgage  or  purchase  money,  payment  of  b(md  fide^  effect  of 591 

Petition  and  affidavit ;  presentation  of,  and  ^)roceeding8  under       590 

Petitioner  ;  order  may  be  postponed,  until  right  of  declared 598 

Possessed;  definition  of  word  when  used  in  chapter       587 

Process  ;  proceedings  where  trustee  cannot  be  served  with      591 

proviso  as  regards  effect  of  decree  on  party  not  served    591 

Repairs  ;  court  may  ap|X)rtion  charge  for  among  parties  593 

real  estate  may  be  mortgaged  for  in  certain  cases  598 

Seized,  definition  of  word  when  used  in  chapter        587 

trustee  last;  where  unknown  if  living  or  dead      588 

Survivor  ;  in  case  of  doubt  as  to  which  trustee  was,  procedure  588 

iVust,  trustee  ;  definition  of  words  when  used  in  chapter 587 

Trustee  Act,  1850,  English,  undefined  words  to  be  cons^ued  by  588 

Vacancies  in  trustees  of  church  property,  &c.,  how  supplied  5^4 

U. 

MPi&K.    See -4rW^<rfton, 598 

HDBViSRD  BsTATE.    Soe  Descent  of  Real  and  Personal  SrioU       374 

axFUL  Birds  and  Animals,  Prrsrbvation  of.    See  Birds  and  Animals        340 

V. 

aCancies.    See  AffrictiMure,  Encouragement  of , 2^ 

Clerk  of  Peace     ^ 101 

Streets,  Commissioners  of 288 

Trusts  and  Trustees 594 

Vacating  Seats 18 

Various  other  chapters. 

'acant  Lots.    See  Nuisances 161 

rAC!ATI!VG  SEATS  IN  ASSEHIBI^Y. 18 

(MBces  which  vacate  seats 18 

Seat  of  speaker,  how  vacated 18 

Seats  of  members,  how  vacated 18 

Vacancies,  how  supplied      18 

'aCATINO  Seats  in  Leoislaturr.    See  DisahUiiies,  Executive  and  Legislatiw  7 

Elections,  Corrupt  Practices  at 12 

Legislatioe  Councillors 7 

AeBAim.    Sb^  LuTuUicSt  Oustodg,  ^c, 206 

'MMIAKCE.  Intoxicating  Liquors....        349 

Supreme  (Jourty  Pleadings 469 

'Ain«T8  AND  Pkiyiss.    See  iVuMoncM 160 

'AocnrAiTON.    Ge^  Boards  of  Mealih,  4^c. 158 

Bob  JtuUcei,  PirotecUon,      607 

ihuaremB  Oomi,  Pleadings 46S»499 

«  «  «  477-8^481,496 

lta%  nnwirnoif  ov.    Bnb  MumeipaUtm:.       ,308 


T40  OBHBRAL  mm:. 

PAM. 

ViBW.    See  jStofwtffie  Oourl^  Pleadim, OT 

ynrro&s,    See  Lunatia,  CutfMh,  fe.    210 

OF  Schools.    QeePmtmo  Indrudion 185 

V0TBB8.    See  JBlectioM,  Com^  lYadticm  &l       10^11,12 

W. 

Waobs.    See MmeSj Jleffukitumif Cl-I 

Wardkn.    See  MumdpaUties    292-6,300-8^310 

Wards  AXD  QuABDiANs.    8e&  OuardianB  and  Warda 38( 

Warbamt.    See  SUOtUm,  ProfmUgationj  ^r<^ 3 

OF  AppBAiSBMBirr.    See  l^robate  Oomrt 412 

TO  CoMFBss.    See  S^frenu  Courty  Plsadmffg    480 

Wabrakts.    See  AssessmmitB,  Oouniff ^^^*']2 

Badard  Children ISi 

OongUibUg.  Protection  of 60M 

JFbrdhh  Eid$^  and  DAtmer 58»^ 

JiUtice8yProUdiionaf,         Vf^ 

Poor,  SMemad,  ie 19M 

Various  other  chapters. 

Wastb.    See  Dower,  Writ  of 5«7 

Probate  Cowrt        408 

Watbb.    See  NuiBoncee        100 

Watbb  CouBSBB.    See  Limitation  of  Actiont M6-^7 

"See  u  u         5864-7 


Wbiohibo  OF  Mdibbals.    ^ee  Minee,  Regulation  of OB 

Wblls  AMD  PuMFS.    See  Fire  ond  Firoworde 8S9|810 


i> 


Streete,  CommisiHmere  of 

Wbslbtars.    See  Meeting  Houeee,  ^c,  Repaire  of     147 

WiOKWiBB  Dtkb.    See  tSieweri,  Duke,  ^c ^' 

Wn>ow.    See  Descent  of  Real  And  Personal  Estate '^'-^^ 

Dower,  Writ  of >'►■  ^ 

Probate  Court -^j^ 

WiFB.    See  Married  Women,  Ph)tectian  of otii-Wj 

Witnesses  and  Evidence Mo 

Wili>-Cats.    See  Animals,  Noxious,  Destruction  of 3^ 

Wills.    See  Probate  Court 395-6,407-^8 

Witnesses  and  Evidence 544-5 

l^niXS,  OF  REAIi  A1V]>  PERSOMAI^  ESTATE 30S 

Affe ;  persons  under  21  years,  incompetent  to  make     ^ 

Alteration  in,  how  far  to  affect  yalidity  of  9^ 

Appointment,  by,  how  to  be  executed  to  be  valid       9^ 

Conveyance  subsequently  made,  how  far  to  affect ^ 

Creditor,  competent  to  attest  execution  of     3m 

Definition  of  terms,  &c.,  used  in  chapter ^S 

Devise,  by  married  woman,  when  not  void    2 

general,  what  construed  to  include  ^ 

of  estate  tail,  or  in  quasi  entail,  when  not  to  lapse       ^ 

real  estate  to  executors  or  trustees^  how  construed  ^ 

without  words  of  limitation      2 

to  attesting  witness,  void  in  certain  cases.. 2 

to  testaUn's  childien,  dying  before  him,  when  not  to  lapse    2 

Execution  of  wills  regulated ;  what  formalities  required  2 

Executors,  competent  to  prove  execution,  validity  of,  dee 2 

deemed  trustees  to  fulfil  testatox's  contmetSy  Ins.. -2 

devise  of  real  estate  to^  how  eonstmed       2 

**  Issue,"  '*  die  without,"  "  die  without  leaving,''  Ac,  bow  eonstrued 2 

LADsed  iMmAiML  ifiAludAd  in  TBmduArv  d«Ti«A.  imlfMB.  Ac.  9 


L^M^  legacies,  included  in  reraduaiy  deviseu  unless,  4bc. 
Manrjage ;  revocation  of  will,  except  in  certain  cases 

Mtiried  women ;  niBv  make  wills  in  eertain  eises     

wilui  of  not  void  for  gifts  to  husbands 
Oblitention,  iataUneition,  Ac,  bow  tSt  to  afleet      


I 


raruUUI,  OF  REAI.  AN1»  PBRSOIVAIj  fiSTATB-^CoiiCllMW^ 

Penalty,  for  suppresflion  of,  after  thirty  days       97€ 

Property,  what  may  be  deriaed,  Ac 3W 

Publication  further  unnecessary,  if  duly  executed 967 

Revocation  of -w  ill ;  by  marriage  in  certain  cases        967 

presumption,  not  sufficient 967 

how  and  in  what  manner  effected 967 

revival  of,  in  what  manner  effected   968 

Rules,  for  construction  of  wills  of  real  estate 969 

Soldiers  and  seamen ;  personal  estate,  how  disposed  of      966 

Witeessee;  devise  to  void,  except  in  certain  cases      967 

executors  not  incompetent  as 967 

form  of  attestation  not  necessary 966 

how  to  attest  and  subscribe  \        966 

two  or  more  required  to  be  present 966 

^iiiDiMO  UP.    See  Joint  Stock  Compameti       282 

WnmnL  Highicay  Ijobor  266 

¥'mrBS8BS.  Armtration  696-6 

OMUandFtes 618,621 

Deeds,  ^,,  UMPttry  of      962 

Equity  Procedure        524-[h6 

IrUo.vtcatrng  Lwttors  948-9 

JueticeSyJurwdictumof. 417 

Probate  CouH       409,411 

Sewers,  Dukey  ^c 294 

WiUs  of  Betd  and  Personia  PMate 966-7 

Witnesses  and  Evidence  536-7,545-6-7-8-9 

fnnVEflSEM  AIV]>  EVIDENCE      696 

Absent  witness  ;  deposition  of,  how  taken,  Ac.  696 

examination  of,  by  whom  to  be  opened 696 

objection  to,  when  to  be  made 696 

Acts,  Sac.y  of  Htate,  &c.,  how  im>ved,  and  when  admissible  641 

when  to  have  force  in  this  prorince  646 

Adultery  ;  sections  41,  42,  and  49,  not  to  apply  in  cases  of 646 

Affidavits,  in  answer  to  new  matter,  when  received,  Ac.  698 

foreign  and  other  courts,  how  jiroved,  &c 541 

to  hold  to  bail,  made  abroad,  how  received 542 

Affirmation,  by  whom  may  be  made,  instead  of  oath        548 

force  and  effect  of ,  and  form  to  be  used 548 

parties  empowered  to  administer,  Ac.  548 

Answers  to  interrogatories,  ftc  how  used  as  evidence 598 

Attestation,  where  not  necessary,  what  proof  to  be  sufficient         545 

British  ship;  register  of  how  proved  and  received  in  evidence  649 

Omadian  legislation,  not  contravened  or  conflicted  with 549 

Certificate,  of  conviction  of  witness,  sufficient  evidence  of  fact  547 

registrar  of  deeds,  snfficient  evidence  of  registry     545 

(Siancter  of  witness  ;  not  to  be  impeached  by  party  producing  646 

Gommission,  for  taking  depositions  abroad,  how  obtamed,  &c 596 

from  court  abroad  ;  evidence  how  taken  under    596 

Omnmissioners ;  abroad,  appointment  and  duties  of  548 

definition  of  term,  when  used  in  chapter        549 

depositions  de  bene  esse,  how  taken  before,  Ac 696,  597 

special  report  may  be  made  by,  in  certain  cases  540 

Oommunieations,  of  husband  and  wife,  not  to  be  disclosed  646 

ObBtampt  of  orders,  ftc,  by  whom  and  how  punished 549 

Oonriotion  of  witness  of  crime,  what  evidence  sufficient 547 

OBpy ;  eertifledyof  deed  or  grant,  when  receivable  in  evidence 544 

duplicate  original  of  grant,  when  receivable     545 

minutes  of  executive  council,  Ac.,  when  receivable  544 

pi^rs  filed  in  provincial  courts,  admitted         542 

ptobate  of  will,  when  receivable,  Ac.  544 

pfodamations,  ACn  how  reoeiTable,  &c 541 

ngister  or  declaiation  respecting  British  ^Ip  549 

•  Cbtli  s  «f  ^iplieatioD  far  rolea,  Ac.,  in  diacfetion  St  court  or  judge  540 


T4£  GBNKRAL  UnXBX. 

PAOI. 

Oost6;  of  proof  of  documents,  when  allowed  or  disallowed    Ml 

on  refusal  to  admit  documents  after  notice,  Ac     M0 

when  documents  not  exhibited,  not  allowed    MO 

requisite,  how  borne Ml 

where  party  declining  had  good  grounds,  costs  in  cause 541 

Grime,  or  interest;  witness  not  incompetent  by  reason  of M5 

Declarations  under  act  of  5th  and  6th  William  4,  cap.  62,  effect  of        543 

acts  relating  to  registry  of  British  ^ips  5tf 

with  proper  forms  of  authentication,  effect  of         543 

Deeds  ;  certificate  of  registrar  evidence  of  registry  of      5tf 

certified  copies  of,  when  receivable  in  evidanoe  544 

Deposition  ;  of  witness,  about  to  leave  the  province,  how  taken    596 

aged,  infirm  or  unable  to  travel,  how  taken     596 

not  residing  in  county  where  cause  pending  537 

residing  out  of  the  province,  how  taken  596 

within  the  province,  under  foreign  commission  596 

technical  objections,  not  cause  fur  setting  aside 537 

under  sections  16,  17, 18, 19,  how  return^  and  used 540 

what  length  of  notice  to  be  given  to  opposite  party.  537 

when  and  by  whom  to  be  opened,  objections  to,  Ac 596 

to  be  read  in  evidence  on  trial 587 

witness  refusing  to  obey  order  for  examination,  penalty  for    537 

writings  and  document8,  what  to  be  produced  on 587 

Documents ;  admitted  in  evidence  in  England,  &c.,  admitted  here        ^ 

application  for  order  to  produce,  how  made,  Ac 561 

when  in  hands,  Ac.,  of  opposite  party        588 

costs  of  application,  &c.,  to  be  in  discretion  of  court,  Ac 516 

proof,  Ac.,  when  allowed  or  disallowed 541 

on  refusal  to  admit,  after  notice,  Ac 540 

when  documents  not  exhibited,  not  allowed 540 

requisite,  how  borne 541 

where  party  declining  to  admit,  had  just  grounds    541 

exhibited  to  adverse  party  for  admission,  &c 5tt 

production  of,  may  be  ordered  by  court,  when 588, 596 

when  under  control  of  opponent. 596 

what  compellable  to  be  produced  under  rule,  &c 597 

Examination,  de  bene  esse,  not  set  aside  for  technical  objections 537 

oral ;  order  f (^r,  effect  of,  and  how  obtained       5* 

vivd  voce,  court  may  order  in  certain  cases ^ 

proceedings  under,  how  conducted ^ 

witness  refusing  to  obev  order,  guilty  of  contempt. 587 

Kxecutive  council ;  certified  copies  of  entries  of,  admissible  as ^ 

Executors,  Ac.,  parties  excluded  from  giving  evidence  in  certain  suits 546 

Pees,  legal  must  be  tendered  to  witness  for  attendance,  travel,  &c 54i 

Grants,  certified  copies  of,  admissible  in  evidence 544 

duplicate  originals  receivable 545 

Handwriting ;  proof  of  by  comparison,  how  submitted,  Ac 545 

Husband,  not  compellable  to  disclose  communications  by  wife 546 

give  evidence  against  wife,  &c 546 

Inconsistent  statement  of  witness ;  evidence  of  when  receivable ^ 

Interrogatories,  answers  to,  how  to  be  attested,  subscribed,  &c.      50 

may  be  used  in  evidence,and  how 536 

when  insufficient,  oral  examination  ordered      ^ 

evidence  of  absent  witness  may  be  taken  by 516 

may  be  served  on  opposite  party  in  what  cases ^ 

neglect  to  answer,  deemed  contempt  of  court.        ^ 

Judge ;  testimony  of,  how  to  be  taken  and  used..        |* 

Judf^enia,  Ac.,  of  courts,  British  or  foreign,  how  proved |^ 

Notice;  of  examination  having  been  returned. 2 

what  length  of ,  necessary,  Ac      ^2 

intention  to  produce  copies  of  daeda,  willa,  Ac      2 

to  admit  documents  for  nse  at  triaL ^ 

Plan  of  towsahip,  certified  by  prothonotary,  receivable ...^       ** 


GBVSRAL  IMBBX.  74S 

PAeB. 
VrnmiESSES  and  BVIBEIVCE-Cantliivcd. 

Probate  of  will,  or  certified  copy,  received  as  evidence  in  all  cases 644 

ProclamationR,  treaties,  and  acts  of  state,  how  proved. 541 

Register  of  British  ship,  &c.,  how  to  be  received  in  evidence 548 

Subpcena,  justice  of  peace  may  issue,  where  residence  distant 547 

Wife  not  compellable  to  disclose  communications  of  husband 546 

comi)etent  witness  in  case  of  adultery,  &c..' 646 

Wills ;  probate  or  certified  copy  of ,  when  receivable  in  evidencd.    644 

provision  as  to,  when  proved  abroad,  &c 644 

schedule  of,  intended  to  be  given  in  evidence,  furnished    646 

Witnesses ;  about  to  leave  province,  deposition  how  taken      686 

absent  from  province,  deposition  how  taken 686 

attesting,  when  testimony  of  not  requisite. . .  646 

competency  and  incomi)etency  of,  defined      645, 546 

definition  of  term,  when  used  in  chapter 549 

evidence  of  inconsistent  statement  by,  how  received    647 

examinatioD  of,  relative  to  his  conviction  of  crime. 547 

relative  to  previous  statement  in  writing 647 

fees  and  travel  must  be  tendered  to 547 

party  producing  not  to  impeach  credit  of,  &c 646 

refusal  of  to  obey  order,  a  contempt  of  CJourt         587 

who  entitled  to  administer  oaths  and  affirmations  to 648 

foLvxs.    Bee  Animals^  Naxwus,  Deairuction  of 848 

foxBii,  Maeribd,  Dbbds  bt.    See  Married  Womeru  Deeib  by 809 

Pbotbction  OF.    See  Metrried  Jfunnent  J^roUetionof      884 

rooi>cocK  Aim  Ships.    See  Birds  and  Animala d40 

irOOlH}  AMI^  MARSHES,  B13]UVI1V«     888 

Offender  against  provisions  of  chapter,  liable  for  all  damage   888 

Person  convicted,  liable  to  imprisonment,  if  no  goods       888 

Prosecutions  must  be  commenced  within  three  months 888 

Regut atiiins,  for  preventing  damage,  to  be  made  by  sessions 888 

Denalty  for  breach  o^  affixed     882 

foBKS,  PuBUo,  SuBsoBiPTioirs  TO.    See  HihUc  Work»y  Subscr^ftion$  to. 888 

^Bir  OF  Cbktiobabi.    See  Supreme  Court,  Pleadinga        456 

DowBB.  Dower,  Writ  of 567 

EzBCCTXoir.  Execution     

ELlbbas  CoBFUS.    &ee  Liberty  of  Sulffect      516 

iMJUHcnoir.  Equity  Procetmre 580-1 

Ibquibt.  Supreme  Court,  ^eadmge       456 

Mandamus.  Equity  Procedure 589 

fam  OF  Mbsvb  Pboobss.         Supreme  Court,  Pieadmge,  ^c,M7  to  450,  453, 505-A  MO 
FaOWOS,  FOBMS  IH  OASBS  OF.  "  "  ''  ** 517  to  519 

T. 

MMMOVTMt    Bee  JauHKipattnee ......        ......        ......        cwi 

Statutei,  Ptomul(^ation,  jt? 3 


APPENDIXES 


TO  THB 


REVISED   STATUTES 


OF 


NOVA    SCOTIA. 


FOURTH  SERIES. 


CONTENTS 


OF 


APPENDIXES. 


APPENDIX  A. 

ments  of  the  Legislature  of  Nova  Scotia  remaining  in 
)rce  under  Section  6  of  Chapter  1  of  the  Acts  of  1873, 
Qtitled,  ''  An  Act  to  provide  for  the  publication  of  the 
onsolidated  Statutes." 

I. 

ELECTION  LAW. 

PAOB. 
CiLAJTER  28  OP  THE  AoTS  OP  1863: 

ntitled,  '*  An  Act  to  regulate  the  Election  of  Members  to 
serve  in  the  General  Assembly ; "  with  amendments  •  . .       3 

ChaPTEB  24  OF  THE  AoTS  OP  1870: 

Qtitled,  **  An  Act  to  establish  vote  by  Ballot  at  Elections  : 
and  to  amend  Chapter  28  of  the  Acts  of  1863 ; "  with 
amendments '. . .     18 

ChAPTEB  3  OF  THE  AOTS  OF  1871 : 

ntitled,  *'  An  Act  to  secure  the  Lidependence  of  the  House 
of  Assembly ; "  with  amendments 22 

ChAPTEB  14  OF  THE  AoTs  OF  1872 : 

ntiiled,  "An  Act  to  further  amend  Chapter  28  of  the 
Acts  of  1863,  entitled  '  An  Act  to  regulate  the  Election 
of  Members  to  serve  in  the  General  Assembly.'" 24 


10  fldM  of  flOBvwdeiict  and  ^Tmmatry,  oortain  pculions  of  thJt  lat,  ro^^ 
httfis  taM  pdaM  M  tbosgh  nnNpeiaed. 


IT 


CONTBIilTS   OF   APPSNDECE8. 


II. 


PAOL 


ChAPTSS    70    OF    THE    BSYISED    STATUTES,    ThIBD    SsBIIS: 

''  Of  Provincial  Government  Eailroads  ;  ^  with  amendments .  27 


APPENDIX  B. 

Unrepealed  Legislation  of  the  Province  of  Nova  Scotia,  npn 
matters  wholly  or  partially  within  the  jurisdiction  of  tk 
Parliament  of  Canada,  or  of  doubtful  jurisdiction. 

I. 

CHAPTEES  AND  PARTS  OF  CHAPTERS  OF  THE  THIRD 
SERIES  OF  THE  REVISED  STATUTES. 

Ohaptee    22.     Of  the  Penitentiary 45 

Chapteb    23.     Of  Sable,  Saint  Paul,  and  Scattarie  Islands,  and  of 

Light  Houses 46 

Chapteb    28.     Of  Naval  Property  46 

Chapteb  32.  Of  an  Electric  Telegraph  for  Military  Purposes. .  49 
Chapteb  34.  Of  the  Privileges  and  Naturalization  of  Aliens . .  50 
Chapteb    75.     Part  I.     Of  Shipping  and  Seamen  ;  wdth  amend- 

ments 50 

Part  II.     Of  the  Registry  of  Ships 59 

Chapteb    79.     Of  Pilotage,  Harbors  and  Harbor  Masters ;  ^ith 

amendments 60 

Chapteb    81.     Of  Factors  and  Agents 6J 

Chapteb    82.     Of  Bills  of  Exchange  and  Promissory    Notes ; 

amended 66 

Chapteb    83.     Of  Currency 

Chapteb    84.     Of  Mills  and  Millers 

Chapteb   85.     Of  the  Regulation  and  Inspection  of  Provisions, 

Lumber,  Fuel  and  other  Merchandize  ;  amended 
Chapteb    94.     Of  the  Coast  and  Deep  Sea  Fisheries  ;  amended. .    77 

Chapteb    95.     Of  River  Fisheries ;  >^ith  amendments    ^ 

Chapteb  116.     Of  the  Law  of  Copyright * 

Chapteb  lit.     Of  Patents  for  Useful  Inventions W 

Chapteb  123.     Of  the  Supreme  Court  and  its  Officers •* 

Chapteb  126.     Of  the  Court  for  Divorce  and  Matrimonial  CaosM; 

with  amendments •■ 

Chapteb  129.  Of  Stipendiary  or  Police  Magistrates ;  amfln^  ^ 
Ohaptsb  137.    Of  the  Belief  of  Insolvent  Debtors ;  amoaari  * .    ^ 


OOMTKNTB   OF   APPBNDIXBB.  T 

PAOS. 

SAfTEB  147.    Of  Petly  Offencoe,  Trospassea,  and   Assaults ; 

amended 100 

CAPTBB  168.     Of  Illegal  Ikilistment 106 

EAPTEB  169.     Of  Offences  against  Religion 106 

[▲PTEB  160.     Of  Offences  against  Public  Morals, 107 

lAPTEB  162.     Of  Offences  against  the  Public  Peace;  amended..  108 

lAPTEB  165.     Of  Combinations  of  Workmen 110 

lAFTEB  171.     Of  the  Administration  of  Criminal  Justice  in  the 

Supreme  Court 116 

11. 

ENACTMENTS  NOT  FORMING  PART  O^  THE  THIRD 
SERIES  OF  THE  REVISED  STATUTES. 

Chapteb  82  OF  THE  Revtsed  Statutes,  Seookd  Sbbies: 
«  Of  Interest  " 121 

Chapteb  6  or  the  Acts  or  1866 : 

Entitled,  "  An  Act  to  amend  Chapter  128  of  the  Revised 
Statutes,  '  Of  the  Jurisdiction  of  Justices  of  the  Peace 
in  avil  Cases  '  " 122 

Chapteb  17  of  the  Acts  op  1866: 

Entitled,  "  An  Act  to  enforce  the  taking  of  the  Oath  of 
Allegiance  " 122 

Chapteb  14  of  the  Acts  of  1867: 

Entitled,  "  An  Act  relating  to  the  refining  of  Sugar  and  the 

manufacture  of  Tobacco" 123 

appendix  c. 

Sift  Aot  of  the  Imperial  Parliament,  SO""  and  Sr  VictorisB, 
Ghapter  8,  known  as  the  British  North  America  Aot,  1867, 

0*  AHD  81®  VlCTORIJE,  ChAPTEE  3. 

An  Act  for  the  Union  of  Canada,  Nova  Scotia,  and  New 
Brunswick,  and  the  Government  thereof;  and  for  pur- 
*  poses  connected  therewith 127 

APPENDIX  D. 

UUe  of  Ghapters  of  the  Bevised  Statutes,  Third  SerieSf  now 

wholly  inoperative. 

Qusn/bBTB  of  the  Third  Series  of  the  Bevised  Statutes  no 
longer  in  operation 161 


OOnTEMTB  QP  AFFKNUIXES. 


INBEX  TO  APPENDIXES. 


TAGM. 


Index  to  Acts,  Chapters,  &c.,  of  Appendixes IB$ 

General  Index  to  Appendixes 171 


i 


APPENDIX  A, 


Inactments  of  the  Legislature  of  Nova  Scotia 
remaining  in  force  under  Section  6  of  Chap- 
ter 1  of  the  Acts  of  1873,  entitled,  "An  Act 
to  provide  for  the  publication  of  the  Conso- 
lidated Statutes." 


/I' 


^] 


L-ELECTION  LAW. 


Chapter  28  of  the  Acts  of  1863,  entitled  ''  An  Act  to 
Regulate  the  Election  of  Members  to  serve  in  the 
General  Assembly  :" 

As  amended  by  Chapter  20  of  the  Acts  of  1864,  Chapters  2  Qaiiiii<Mtton  of 
and  17,  1867,  Chapter  1, 1871,  §  8  and  9,  and  Chapter         ' 
2,  1871;  and  omitting  expired  provisions. 

1.  Every  male  subject  of  Her  Majesty,  by  birth,  or 
naturalization,  being  of  the  age  of  twenty-one  years,  and  not 
disqualified  by  law,  who  shall  have  been  assessed  for  the  year 
for  which  the  register  hereinafter  provided  for  is  made  up,  in 
respect  of  real  estate,  to  the  value  of  one  hundred  and  fifty 
doUars,  or  in  respect  of  personal  estate,  or  of  personal  and 
real  estate  together,  to  the  value  of  three  hundred  dollars, 
shall  be  qualified  to  vote  at  elections  of  members  to  serve  in 
the  House  of  Assembly,  for  the  county  in  which  he  shall  be 
ID  assessed. 

12    In  cases  within  the  eleventh  section  of  this  Act,  (L  e.  witoeMM  may 
where  the  limits  of  an  asi^ssment  district  are  different  firom  ^  •»™™o"»**' 
those  of  a  polling  district)  the  Clerk  of  the  Peace  may,  if 
necessary,  summon  and  examine  on  oath  any  witnesses  he  may  To  Meertain 
require  to  enable  him  to  prove  what  portion  of  the  names 
induded  in  the  roll  belongs  to  the  several  polling  districts  to 
which  the  said  roll  extends,  and  the  reasonable  charges  and  Their  tzp^oaes. 
expenses  of  said  witnesses  shall  be  a  County  charge. 

14.     ♦♦♦♦♦♦    For  each  revisal  section  the  Grand  J^*>"»  •p; 
JvOTf  shall  annually  nominate  as  revisors  six  persons,  out  of  SwT 
wliom  the  Justices  shall  select  three,  who  shall  be  duly  sworn 
to.  the  impartial  performance  of  their  duty,  in  the  form  pre- 
toibed  in  Schedule  B  to  this  Act  annexed. 

16.    In  the  City  of  Hali&x   any  three  or  more  of  the  B^Miintbe 
AUannm  to  b«  appointed  in  each  /ear,  as  other  city  officers  '»'»"'>»<^- 
no  upoin^dy  shdl  annually  revise  the  list  of  electors  within 
tibe  otfi^piUitAto  rote  at  elections  for  the  Assembly,  in  the 


zLpcnoKs. 


[appendix 


manner  and  at  the  times  herein  prescribed ;  and  such  persons 
shall  be  duly  sworn,  as  prescribed  in  the  fourteenth  section 
of  this  Act 
Littetobemad*  17.  The  asscssors  of  each  assessment  district  shall,  on  or 
"wrS^"****'^  before  the  twentieth  of  January  in  each  year,  deliver  to  the 
revisers,  a  cc^y  of  the  assessment  roll  for  the  polling  districts 
within  the  revisal  section ;  and  if  for  any  cause  any  part  of 
the  inhabitants  therein  are  exempt  from  taxation,  the  assessors 
shall  either  include  their  names  in  the  same  or  make  a  separate 
list  of  such  parties,  so  that  the  list  shall  contain  the  names  of 
all  persons  possessed  of  real  or  personal  estate,  in  the  form 
following,  and  deliver  it  to  the  revisors. : 


Assessment  Roll  for  Polling  Distrioi  No^ 


Kame. 

Beal  Ertate  ot 

Mddttiti 
within  County. 

FBiMnalMUM 

•if 

nddehta 

wttbia  Ooonly. 

SMlertato 
of  ttod-rosidents. 

PenooBlalrti 
of  iioii*raiidflBti. 

A.  R 
CD. 
E.  P. 
G.  H. 

$100  00 
0  00 
0  00 
0  00 

$0  00 

100  00 

0  00 

0  00 

$0  00 
0  00 

25  00 
0  00 

$0  00 
0  00 
0  00 
0  00 

Lilts  to  be  pre- 
pared  and  poet* 
ed. 


Notlee  there- 
with. 


18.  The  Revisers  shall,  before  the  first  day  of  March  in 
each  year,  select  and  prepare  from  the  Assessment  BoU  alpha- 
betical lists  of  the  qualified  electors  of  each  polling  district  in 
the  revisal  sections,  distinguishing  the  residents  within  the 
county  from  the  non-residents,  and  affixing  the  place  of  the 
non-residents  when  known ;  and  shall^  on  or  before  the  said  fint 
day  of  March  in  each  year,  post  up  a  copy  of  the  said  list  in 
three  of  the  most  public  places  in  each  polling  diistricty  with 
the  following  notice : 

"The  revisers  will  meet  at  ,  on  the  second  [» 

Sunday  on  the  third]  day  of  April  next,  at  eleven  o'clock,  i.I*j 
to  revise  the  list  of  electors  for  each  of  the  polling  districts  nam* 

bcrs —  within  the  revisal  district  number  ■  ;  and 

any  person  claiming  to  add  to  or  strike  off  a  name  from  tb0 
list  must  give  notice  thereof  in  writing,  with  the  cause  ^. 
objection,  to  either  of  us,  on  or  before  the  fifteenth  dqr  ^ 
March  next,  and  also  notify  every  person  proposed  to  be  strack 
off. 

Dated  the day  of ^,  A.  D.,  18 — . 

A.  B.  ) 

E.  F.  3 


A.]  ELECTIONS.  9 

19.  The  revisers  shall,  on  or  before  the  twentieth  day  of  J^Sed  or*»to?ck 
March  in  each  year,  post   up  in  three  of  the  most  public  off  to  be  potted. 
places  of  each  polling  district,  an  alphabetical  list  of  the  per- 
sons proposed  to  be  added  or  struck  off  respectively  in  each 

polling  district,  with  a  notice  appended  to  each  list  to  the  effect 
Allowing : 

^*  The  revisors  will  on  the  second  [(/*  Sunday  the  third]  Kotiet  tbert- 

day  of  April  next,  at ,  in  the  revisal  section  number 

,  adjudicate  upon  the  propriety  of  adding  [or  striking  offy 

as  the  case  may  be,]  the  foregoing  name  to  [or  /rom]  the  list 

of  qualified  voters  in  district  number . 

Dated  the day  of ,  A.  D„  18 — . 

A.  B.  ^ 

C.  D.  >  Revisors. 

E.  F.  ) 

20.  The  person  who  proposes  to  strike  a  name  from  the  ^^fil^tJ^ 
list  shall,  on  or  before  the  fifteenth  day  of  March,  give  notice 

in  writing  to  the  party  objected  to,  either  personally  o^^  by 
leaving  it  at  his  last  or  usual  place  of  abode,  and  shall  prove 
on  oath  the  giving  the  notice  to  the  satis&ction  of  the  revisors 
before  they  hear  the  objection. 

ftl.  At  the  time  and  place  appointed  the  Revisors  shall  M^tingof  r^ 
attend  and  correct  the  list,  and  shall  with  all  convenient  logtlt,  ao. 
despatch  make  out  for  each  polling  district  an  alphabetical  list 
of  the  electors  thereof  resident  within  the  County,  and  of  the 
non-resident  electors,  stating  residence  when  known ;  and  on 
or  before  the  twentieth  day  of  April  in  each  year  transmit  the 
same  to  the  Clerk  of  the  Peace.  They  shall  add  to  or  strike 
jGrom  the  list  the  name  of  any  person  whose  qualification  or 
disqualification  is  satisfactorily  proved  to  have  existed  at  the 
date  of  the  last  assessment,  provided  notice  of  the  claim  has 
]been  given  to  a  Revisor  on  or  before  the  fifteenth  day  of 
March;  and  in  case. of  disqualification,  provided  it  be  proved 
to  the  satisfaction  of  the  Revisors,  that  notice  in  writmg  has 
been  given  to  the  party  objected  to  within  the  same  period. 

2jB.     When  a  firm  is  assessed  in  respect  of  property  suffi-  ^i™*- 
c|eiit  to  give  e^h  member  a  qualification,  the  names  of  the 
fevcoral  persons  comprising  such  firm  shall  be  inserted  in  the 
Sit ;  but  if  the  property  be  held  by  a  body  corporate,  no  one  Jodieicorpo 
qf  die  members  thereof  shall  be  entitled  to  vote,  or  be  entered 
OQ  the  list  of  voters,  in  respect  of  said  property. 

88.    The  Revisors,  when  correcting  the  list,  shall  strike  J^JK"*?  ^ 
tfacoefirpm  the  name  of  any  person  who  within  the  twelve 
calendar  .ny)nths  then  next  preceding  shall  have  received  aid 
^fm  a  pfiajjffr  under  any  poor  law  of  this  Province,  or  aid  as  a 
jPQor'jp0r|M^  fpom  any  public  grant  of  Government  money. 

9jh    Jf  t^  Aisossors  neglect  to  make  up  and  deliver  the  Penaitr  for  im- 
Bsfi^  or  wiUoDy  deliver  an  incorrect  list,  or  if  the  Revisors  g'^"^  '^'^ 


6  ELBCnOKB.  [appbnbiz 

n^Iect  to  revise  the  list  so  delivered^  or  wiUiilly  transmit  an 
incorrect  list,  for  every  n^lect  or  wilful  delivery  or  transmis- 
sion of  an  incorrect  list  every  Assessor  or  Bevisor  so  contra- 
vening this  Act  shall  pay  a  penalty  of  one  hundred  dollars, 
which  any  person  may  recover  with  costs^  and  each  day  .a 
list  is  delayed  shall  be  a  separate  offence, 
ditd^^*      25.     The  Sheriff  of  the  County  shall,  on  or  before  the 
twenty-fourth  day  of  April  in  each  year,  attend  at  the  office  of 
the  Clerk  of  the  Peace  to  ascertain  the  non-resident  electon 
who  may  be  qualified  to  vote  in  more  than  one  polling  district, 
and  the  Clerk  shall  under  his  direction  make  a  copy  of  the 
list  of  each  polling  district,  with  the  name  of  any  non-resident 
elector  marked  as  such  who  may  have  selected  that  poUmg 
district.     He  shall  make  an  alphabetical  Ust  of  the  remaining 
non-resident   electors.     When   a  non-resident   elector  shall, 
before  the  said  twenty-fourth  day  of  April,  have  notified  the 
Sheriff  in   writing   of  his   selection   of  a  particular  polling 
district,  his  name  shall  be  inserted  and  entered  on  the  hat  of 
that  polling  district  until  he  become   disqualified  or  direct 
otherwise.     In  case  no  such  notification  has  been  made  the 
names  of  such  non-resident  electors  shall  be  added  to  the  fist 
for  any  one  of  the  polling  districts  in  which   their   qoalifi* 
cation  exists. 

by'ihJriff'lSd**  ^^-  "^^^  ^^^  ®^^  ^  ^^^^  ^P>  signed  by  the  Sheriff,  and 
depMited  with  deposited  with  the  Clerk  of  the  Peace  on  or  before  the  fourth 
c  er  o  peaM.    ^^  ^^  ^^^  .^  ^^y^  year,  and  shall  thenceforth  be  the  regis^T 

of  electors  for  the  county. 
If  register  not        27.     If  from  any  cause  the   register  of  electors  for  any 
TeM^jnviouto  polling  district  is  not  made  up  in  any  year,  the  r^^ter  last 
be  uod.  made  up  shall  be  used  in  its  stead  for  the  purpose  of  election. 

Beyisort  may         28,     The  Rcvisors  shall  have  power  to  summon  witnesses 
neeaw?  Ac!^^     to  attend  at  the  time  and  place  appointed,  to  give  evidence  as 
to  the  qualification  or  disqualification  of  any  person,  and  to 
administer  an  oath  and  examine  the  parties  ;  and  such  witnes- 
ses, on  oath,  and  any  person  so  summoned,  who  shall  neglect  to 
Penalty fornon-  attend  without  good  causc  shewn  therefor  to  the  Revisors,  or 
witolNwoi.*  **'     attending  shall  refuse  to  be  sworn  or  give  evidence,  shall  be 
liable  to  a  penalty  of  twenty  dollars ;  and  every  witness  attend- 
Feet.  ing  shall  be  entitled  to  receive  the  same  fees  and  travelliog 

charges  as  witnesses  attending  before  Justices  of  the  Peace  ia 
civil  suits,  to  be  paid  by  the  person  at  whose  instance  the  i^ 
spective  witnesses  may  be  summoned. 
S^SfHlSfax,  *9.  The  Ust  of  electors  for  the  City  of  HaKfax  shall  be 
523LS**L°*^»  *  revised  and  corrected  by  the  Aldermen,  as  above  prescribai; 
and  the  Oity  Council  may  regulate  the  same  by  bye-jawa  w 
inconsistent  with  this  Act  ,*  and  when  the  list  is  conttibtip  i^i 
an  alphabetical  list  of  every  ward  or  polling  diatiiet  li  wA 


A«]  ELBCnONS.  7 

up,  it  shall  be  signed  by  the  Mayor  and  filed  with  the  City 
CSerky  and  be  the  register  of  electors  for  the  said  city. 

SO.     The  reasonable  charges  of  the  Sheriff,  Clerk  of  the  EzpeoMi  of 
Peace,  City  Clerk,  Assessors  and  Bevisors,  and  of  any  other  guSe^how^^ 
person  required  to  assist  in  preparing  the  register  of  electors,  ^^' 
shall  be  a  county  or  a  city  charge,  and  shall  be  presented,  as- 
sessed, levied  and  collected,  like  other  county  and  city  charges. 

S2.     When  a  new  assembly  shall  be  summoned,  or  more  R>rm  of  writs 
than  one  vacancy  occur  at  or  about  the  same  time,  the  writs  \tngth  otno- 
shall  be  so  transmitted  that  the  same  may  be  received  by  the  ^^*  ^^ 
respective  Sheriffs  as  nearly  as  may  be  at  the  same  time.   There 
shall  be  at  least  forty  days  between  the  teste  and  return  of 
writs.     The  writs  shall  in  the  body  thereof  express  the  day 
when  the  Sheriff  shall  hold  his  court  for  the  commencement 
of  the  election,  allowance  being  made  for  enabling  him  to  give       ' 
at  least  ten  days  notice  of  the  election  throughout  the  County; 
and  in  cases  of  general  elections,  or  where  more  than  one  writ 
•hall  be  required  to  be  issued  at  or  about  the  same  time,  the 
day  named  for  holding  the  Sheriffs  court  for  commencing  the 
elections  shall  be  the  same  in  all  the  writs. 

8S.  The  Sheriff  shall,  immediately  on  the  receipt  of  a  SeSffonS.^' 
writ,  endorse  thereon  the  day  of  receipt,  and  shall  forthwith  ceiptofwrft.  • 
cause  notice  in  writing  or  by  printed  handbills  to  be  posted  in 
some  of  the  most  public  places  within  every  polling  district 
in  the  County,  for  which  representatives  are  to  be  elected, 
which  notices  shall  express  the  day  when  the  Sheriff  will  hold 
his  court  at  the  Coun^  Court  House,  being  the  day  named  in 
t}ie  writ  therefor ;  and  also  the  time  and  place  at  which,  in 
case  a  poll  be  demanded,  the  same  will  be  taken,  and  the 
munber  of  representatives  to  be  elected,  and  for  what  places  in 
particular  under  the  writs  then  under  the  Sheriffs  hands ;  and 
that  all  persons  who  are  guilty  of  bribery  or  undue  influence 
at  the  said  election  will,  on  conviction  of  such  offence,  be 
liflble  to  the  penalties  mentioned  in  that  behalf  in  the  Chapter 
of  the  Revised  Statutes,  "  Of  the  Prevention  of  Corrupt 
Fracdces  at  Elections,"  and  the  poll  shall  be  taken  in  the  week 
next  following  that  wherein  the  Sheriffs  court  for  opening  the 
dection  shall  be  appointed  to  be  held,  and  on  the  same  day  of 
dHr- week  as  the  day  appointed  for  holding  such  court. 

S5.     On  the  day  appointed  for  opening  the  election,  the  ®hSJ5b«hrfd 
SbaSS,  or  his  Deputy  shall  open  his  court  at  the  County  Court  ao.,  oath*  to  be 
'Haam,  between  Ae  hours  of  ten  and  twelve  of  the  clock  in  •*°^°*^*'^' 
the-  jbranoon^  and  shall  read  lus  writs,  and  shall  take  the  fol- 
Jpnfittg  09&,  to  be  administered  by  a  Justice  of  the  Peace,  or 
0i^t!WO'^  deetors  then  present : 

^,1^  A  Bj,  do  swear  that  I  have  not  received,  and  will  not 
JfllMMSi  itff  SQDi  of  money,  office  or  employment^  or  gratuity. 


8 


XLBCXI0X8. 


[appknpix 


l>roe«ediogi  at 
Sheriff^  court. 


If  oAOdidatM 
wlthdnw. 


or  any  bond^  bill  or  note^  or  promise  of  gratuity  whatsoeyer, 
either  hj  myself^  or  another  to  my  uae  or  advantage^  for  ^ 
pointing  any  presiding  officer  to  take  the  poll,  or  for  appointing 
any  FoU  CJierk^  or  for  making  any  return  at  this  election ;  aod 
that  I  will  make  such  appointments  impartially  and  according 
to  lav." 

And  the  Sheriff  shall  then  administer  to  the  Clerk  whom 
he  shall  have  appointed  to  assist  him  in  the  election  an  oith 
fox  the  fidthfiil  and  impartial  discharge  of  his  duty,  and  shall 
continue  the  court  open  until  two  of  the  clock  in  the  aftemooin 
of  that  day ;  and  on  the  same  day^  and  as  soon  afker  two  of 
the  clock  as  the  duties  remaining  to  be  performed  will  pemiity 
shall  finally  close  the  court,  or  adjourn  the  same  to  anodser 
day,  as  the  case  may  require. 

36.  The  Sheriff  shdl,  at  his  Court,  receive  the  names  of 
the  candidates  proposed  by  two  electors  of  the  Cotmtjj 
previously  to  two  o'clock ;  and  their  names  shaU  be  by  the 
Clerk,  under  the  Sheriff's  direction,  entered  in  the  ShorifTi 
Becord  Book,  and  no  candidate's  name  shall  be  entered  after 
two  o'clock,  and  at  that  hour  the  Sheriff  shall  proclaim  tke 
names  of  candidates,  and  shall  receive  the  Schedules  of  and 
administer  the  qualification  oaths  to  candidates  whose  quslifir 
oations  may  be  questioned,  and  who  shall  not  have  previoiui^ 
qualified  ;  and  in  the  case  of  each  election,  in  respect  of  which, 
previously  to  two  o'clock,  no  more  candidates  are  proposed 
than  are  required  to  be  returned,  the  election  shall  be  fiarthr 
with  determined,  and  the  Sheriff  shall  declare  the  candidate 
proposed^  and  who  shall  have  qualified,  if  thereto  required, 
duly  elected  members,  and  shall  make  return  of  the  wxit 
accordingly ;  and  in  cases  of  elections  where  opposing  candi- 
dates shall  be  proposed,  previously  to  two  o'clock,  who  shall 
have  qualified,  if  required,  as  directed  by  this  Act,  and 
where  a  poll  has  been  demanded,  the  Sheriff  shall  then  grant 
the  poll,  and  make  proclamation  of  the  time  and  place  at  which 
the  poll  will  be  taken  in  the  several  Polling  Ijistricts,  con- 
formably with  the  notices  before  conditionally  given,  and  then 
adjourn  the  Court,  as  regards  the  Elections  in  which  a  poD 
shall  be  demanded,  to  some  day  within  five  days  next  dto 
the  day  for  taking  the  poll,  thien  to  be  held  at  the  same 
place. 

37.  Any  candidate  proposed  at  such  election  may,  at  aigf 
time  before  one  o'clock  of  nomination  day,  by  writing  usdff 
his  hand,  or  publicly  and  openly  in  the  Sheriff's  Court,  diPBtf 
his  name  to  be  withdrawn.  In  whidx  case  the  entry  m  A$ 
Sheriff 's  Becord  Book  shall  be  erased,  and  the  Sheriff  dm 
immediately  give  public  notice  by  proclamation  aloodt  Jui 
thereupon  fi\mi  jpsaty  shall  not  b^  considered  as  hsfjoy  ' 
proposed  as  a  candidate. 


BLECnOKB.  9 

A  person  capable  of  being  elected  a  member  of  the  2^dS£!''^  ^ 
Qbly  shall  be  a  male  British  subject^  of  the  age  of  twenty- 
ears  and  upwards^  and  qualified  to  be  asi  elector  xmder 
roFisions  of  this  Act^  in  some  County  of  this  Province,  or 
liaye  a  legal  or  equitable  freehold  estate  in  possession,  of 
[ear  yearly  value  of  eight  dollars  ;  and  any  candidate  at 
lection  shalU  if  required,  by  any  other  candidate  or  any 
r,  or  the  Sheriff,  make  before  the  Sheriff  the  following 
ration: 

1.  B,,  do  declare  and  testify  that  I  am  a  British  subject,  i>««Ur»tioii, 
!  age  of  twenty-one  years,  and  that  I  am  duly  quaMed 
'  the  Act  to  regulate  the  election  of  members  to  serve  in 
jreneral  Assembly,*  to  be  an  elector  of  this  Province, 
iiat  my  right  to  vote  as  said  elector  is  in  Polling  District 

ber in  the  County  of .   If  the  candidate  claim$ 

jualified  as  a  freeholder,  then  ajler  the  asteritk  %n$ert 
ards,  "  in  right  of  freehold  property  of  the  clear  yearly 
of  eight  dollars,  owned  by  me  and  described  as  follows  " : 
briefly  describe  the  same,  setting  forth  the  County 
I  situate,  and  further  particulars. 

The  candidate,  or  any  elector  for  him,  may  make  and  £*jS£I«?i^ 
ribe  the  declaration  in  the  presence  of  a  credible  wit- 
and  present  it  to  the  Sheriff,  or  it  may  be  made  on  be- 
f  the  candidate  by  any  elector  in  presence  of  the  Sheriffl 

II  the  qualification  of  a  candidate  when  questioned  n^JJ^SSS*" 
not,  before  the  close  or  adjournment  a£  the  Court,  be  eanSSSSbSa- 
led  as  in  the  preceding  section  directed,  the  candidate  ^ 
be  incapable  of  being  elected,  nor  shall  his  name  be 
id  on  the  Becord  Book,  or  if  entered,  the  same  shall  be 
iged  at  or  before  the  close  or  adjournment  of  the  Court 

No  Presiding  Officer  shall  receive,  nor  shall  any  Poll  SSTnotOTf^* 
record,  the  name  of  a  person  as  a  candidate,  nor  shall  Jj  i!e  wiuSS* 
rote  be  received  for  him  unless  his  name  shall  have 
eotered  as  a  candidate  in  the  Sheriff^s  Becord  Book  at 
JcNirt,  and  shall  not  have  been  expunged;  and  votes 
m1  on  a  Poll  Book  contrary  to  this  provision,  shall,  in 
:t  of  such  person,  be  expunged,  and  not  counted  by  the 
ff  in  casting  up  the  votes. 

.    When  a  poU   shall  have  been  granted,  it  shall  be  SSlvT^SiiSt 
d  in  the  different  districts  at  or  near  the  polling  place,  ^* 
[hi  o'clock  in  the  morning  of  the  day  appointed,  and  be 
open  untQ  five  o'clock  in  the  afternoon,  when  it  shall 
f  close,  aod  the  Sheriff  shall,  prior  to  the  polling,  cause 
ji  to  be  erected,  or  procure  buildings  at  which  the  poll 

■    Wheft  * P^Jl  ^  l^D^  granted,  the  Sheriff  shall,  by  SStt^SoS?^ 
pt|in4n  ii^*  lund,  aj^nt  a  Presiding  Office  for  ti^dng 


10  sLBcnoNS.  [appshdh 

the  poll  in  each  District^  who  shall  be  then  resident  within  the 
County,  and  shall  have  been  so  for  a  year  then  next  preceding) 
and  shall  thereby  direct  the  Presiding  Of&cer  at  the  appointed 
time  and  place,  to  take  the  poll  within  the  District  for  the 
County,  and  the  Sheriff  shall  also  appoint  a   Poll   Clerk  fer 
taking  the  votes  under  the  direction  of  the  Presiding  Officer 
in  each  District,  and  the  Clerk  shall  prepare  a  Poll  Book  and 
enter  therein  in  separate  columns  the   names   of  the  canf- 
dates  for  whom  votes  are  to  be  given  within  the  District,  and 
the  names  of  the  candidates,    and  the   necessary  informatioiL 
regarding   them   shall,  before  the  opening   of  die  poll,  be 
furnished  by  the  Sheriff  to  the  Presiding  Officers,  who  shaD 
communicate  the  same  to  the  electors  when  required,  and  the 
Sheriff  shall  be  responsible  for  the  conduct  of  his  Presiding 
Officers  and  Poll  Clerks. 
Sheriff  may  Mt      44.     The  Sheriff  may  act  as  Presiding  Officer  in  a  District 
^fflSer.     '      without  precept  and  without  taking  the  Presiding  OfBco'i 

oath, 
iuei^tion  46.     At  any  election  held  hereafter,  the  Sheriff  shall  fonuA 

to^  fbmUhed.  the  Presiding  Officer  of  each  Polling  District  with  a  true  copy 
of  the  register  of  electors  of  the  Polling  District  for  which  he 
is  appointed. 
g»«rtortowt«        47.     No  elector  shall  be  permitted  to  vote  in  more  tfaanose 
only.  Polling  District  in  this  Province  on  the  same  day. 

Mnat  Tote  48.     No  elector  having  at  any  election  a  right  to  vote  in 

%\  teite  of  writ,  the  County  in  which  at  the  teste  of  the  writ  he  resided,  shall 

be  permitted  to  vote  in  any  other  County. 

d^oteil^Si      ^^'     ^fo^e  any  elector  is  permitted  to  vote,  he  shall  stite 

Mid*m2kS?if    ^^  name  and  residence,  the  Clerk  shall,  under  the  direction  of 

on  the  Ubu        the  Presiding  Officer,  enter  his  name  on  the  Polling  Book,  ind 

the  Presiding  Officer  must  find  it  on  the  register  and  mark 

it. 

JlSSS^ScM      ®*-     ^'^®  Presiding  Officer  shall,  at  the  opening  of  the  poll, 
on  opening  poll,  read  aloud  his  precept  and  declare  the  names    of  candidatesi 
and  shall,  at  or  before  the  opening  of  the  poll,  and  before  x^ 
ceiving  a  vote,  take  the  following  oath : 

'*  I,  A.  B.,  do  swear  that  I  have  not  received  any  sum  of 
money,  office,  employment  or  gratuity,  or  any  bond,  bill,ornote} 
or  any  promise  of  gratuity  by  myself,  or  another  to  my  use  or 
advantage,  for  making  any  retiun  at  this  election,  and  that  I 
will  faithfully  discharge  my  duty  at  the  election  to  the  best  rf 
my  knowledge  and  judgment,*  and  that  I  will  return  to  ths 
Sheriff  a  true  and  faithful  account  of  the  votes  polled  in  dtf 
District  wherein  I  preside." 

And  the  Poll  Clerk  shall,  before  or  at  the  opening  Hi '110 
poll,  take  an  oath  in  the  same  form  down  to  the  astemk^vidHli 
addition  of  these  words  thereafter  <'  and  I  will  fidthfbfl^nHMA' 


A.]  BLEmoNS.  11 

the  Totes  received  in  the  District  where  I  act  as  Poll  Clerk." 

The  Sheriff,  a  Justice  of  the  Peace,  or  in  their  absence,  any 
.wo  electors  are  authorized  and  required  to  adminiater  the 
nthfl. 

53      The  Presiding  Officer  shall  appoint  an  Inspector,  an  inipMior. 
Igent,  and  a  Clerk,  when  nominated  by  or   on  behalf  of  a  ^khvoaadi- 
»ndidate,  and  their  names  shall  be  immediately  entered  in  the  J^i^?^*" 
Poll  Book,  and  a  Candidate's  Clerk  shall  take  the  following 
Mth,  to  be  administered  by  the  Presiding  Officer : 

'*I,  A.  B.,  do  swear  that   I   will  take  this  poll  ^ly  and  °'"'- 
mportially  by  entering  the  names  and  places  of  abode  of  the 
ilectOTS,  and  the  names  of  the  candidates  for  whom  they  shall 
rote." 

64.  Presiding  Officers,  Polling  Clerks,  Candidates'  Agents,  J^Jf^US^' 
[nspectors  and  their  Clerks,  may  poll  their  votes  in  the  Polling  ^i^'  ^'  ^ 
District  where  they  are  acting,  though  they  are  not  qualified 
o  Tote  therein,  if  on  the  day  of  nomination  their  names  are 
«rdfied  and  entered  as  qualified  by  the  Sheriff  on  the  Poll 
Book,  and  the  Sheriff  shall  strike  such  names  out  of  the 
District  in  which  they  are  qualified  to  vote.  If  the  Presiding 
Dfficer  vote,  the  Poll  Clerk  shall  administer  the  necessary  oath 
o  him  if  required.  Candidates  may  poll  their  votes  in  any 
Polling  IXsbict  in  the  County,  but  shall,  if  required,  take  die 
isoal  oaths. 

66.     Every  elector,  before  he  shall  be  permitted  to  vote,  »«'<«■•  oMhi 
hall,  if  reqmred  by  the  Presiding  Officer,  Candidate,  or  his 
igent,  or  an  elector,  take  the  oaths   following,   or  either  of 
bem,  to  be  administered  to  him  by  the  Presiding  Officer,  that 
■  to  say : 

OATH  NUUBEB  ONE. 

**  I,  A.  B.,  do  swear  that  I  am  qualified  to  vote  at  this 
dedUHi,  ^Mt  I  am  of  the  full  age  of  twenty-one  years,  and  am 

t  Bkitiili  subject,  that  I  reside  at ,  that  I  am  the  pers<m 

)HBed  in  the  r^^ter,  as ,  as  I  verily  believe,  and  that 

tbkTV  not  before  given  my  vote  at  this  election.    So  help  me 

Sod." 

OATH    NUUBEB    TWO. 

"  I,  A-  B.,  do  swear  that  I  have  not  received  by  mytelf,  or 
iiuither,  or  any  person  in  trust  for  me,  or  to  myuse,  directly  or 
ndirectly,  any  sum  of  money,  office,  place  of  employment,  or 
j;ift,  reward,  or  any  iKomise  or  security  for  any  money,  office 
>r  employment,  or  gift,  in  order  to  give  my  voteat  this  election. 
3o  Iieln  meGod," 


12  SLEcncMffB.  Cappenkz 

OATH   NUMBER  THREE. 

^^  I,  A.  B.,  do  swear  that  I  haye  not  within  twelve  calendar 
months  next  before  this  day  received  aid  as  a  pauper  under 
any  poor  law  of  this  Proyince^  or  aid  as  a  poor  person  from 
any  public  grant  of  Government  money.  So  help  me  God.** 
Penalty  torne-  58.  Every  Sheriff  or  Presiding  Officer  who  shall  on  re- 
of  iheriff.  quest  neglect  or  refuse  to  administer  any  or  either  of  the  oaths 
required  to  be  taken  by  any  elector,  snail  for  every  oflence 
forfeit  the  sum  of  two  hundred  dollars. 

frMdufeSTvote      ^^'     ^^  ^^^  pcrsou  shall  fraudulently  vote  at  any  election  by 

oFTotiDg  twice,  personating  any  elector^  or  being  qualiified  shall  vote  or  ctkr 

to  vote  more  than  once  at  any  election,  for  every  such  offence 

the  person  shall  forfeit  the  sum  of  forty  dollars,  and  it  ah^Ube 

the  duty  of  the*  Sheriff  to  prosecute  therefor. 

If  elector  rcitee      60.     If  an  elector  when  required  shall  not  take  the  oad» 

prescribed,  his  vote  shall  be  expunged. 
ti5^**\iL*2t  ®^'     '^^^  Presiding  Officer  shall  prevent  unnecessary  dcltf 

poiiinff-qaei-    in  polling,  and  no  person  shall  be  permitted  to  interrupt  tbe 
Mked.  poUing   by   addressing  the  electors  or  otherwise  ;    and  for 

avoiding  needless  and  factious  questioning  of  voters,  the 
elector  shall  immediately  state  for  whom  he  votes,  and  there- 
upon the  candidate  against  whom  he  votes,  or  hiB  inspector 
or  agent,  may  require  the  Presiding  Officer  to  put  such  neces- 
sary and  pertinent  questions  as  may  be  proper  for  ascertaining 
the  elector's  right  to  vote,  and  the  Presiding  Officer  shall  allow 
no  other  questions  to  be  put,  nor  shall  any  questions  be  pat 
except  through  him,  nor  shall  he  permit  the  time  to  be  un- 
necessarily protracted  on  pretence  of  questioning  a  voter ;  and 
the  Presiding  Officer  shall  promptly  put  the  questions,  and  tbe 
Poll  Clerk  shall  instantly  enter  in  the  Poll  Book  the  purport 
of  the  answers,  and  read  the  same  aloud  to  the  voter.  If  the 
elector  shall  not  promptly  answer  the  questions,  his  vote  ihall 
be  expunged,  and  he  shall  not  be  allowed  to  vote  again. 
^^.'di^g Seer  62.  The  Presiding  Officer,  after  the  close  of  the  poll,  md 
on  ciMc  of  poll,  before  making  return  to  Us  precept,  shall  subscribe  intheF<Jl 
Book  tbe  following  oath,  to  be  administered  by  a  Justice  of  die 
Peace,  or  two  electors  of  the  Polling  District : 

"  1,  A.  B.,  Presiding  Officer  for  the  Polling  District— —^ 

in  the  County  of ,  do  swear  that  the  Poll  Clerks  wefe 

duly  sworn,  and  that  to  the  best  of  my  belief  this  Poll  Book 
was  truly  and  correctly  taken  under  my  direction,  and  conlMBS 
a  true  and  correct  statement  of  the  votes  taken  at  the  PoD  Ar 
this  District,  held  in  pursuance  of  the  Sheriff's  precept,  to  W0 

directed,  and  dated  the day  of ^  in  the  yOK-rf  ; 

our  Lord  one  thousand  eight  hundred  and  /* 

^elx^.''^  '^^      63.     The  Poll  Clerk,  after  the  Presiding  Officer  diaU  k^  \ 
taken  the  oath  in  the  preceding  section^  shall  endoie  ind  ttA 


L.]  BIJBCTIOITS.  IS 

be  Poll  Book,  ud  deliver  it  to  the  Piendiag  Officer  at  the 
mil,  who  Bhall  give  a  receipt  therefor,  and  shiJI  forthirith  re- 
nin the  same,  ao  sealed,  to  the  Sheriff. 

64.  If  a  Presiding  Officer  shall  not,  when  required,  ad-  P«ii*it7  tw  "i* 
ainiBter  the  oaths  to  an  elector,  in  a  competent  state  of  mind  H^'oi^m^"^ 
o  take  theni,  or  shall  allow  any  person  to  interfere  or  put 
inesdons  to  voters,  b^  which  time  is  taken  up,  or  shall  put 
jaeetions  other  than  in  this  Act  specified,  contrary  to  the 

viih  of  any  candidate,  or  his  agent,  or  shall  wilfully  protract, 
>r  permit  to  be  protracted,  the  polling,  or  shall  otherwiae 
tfiand  in  the  premises,  he  shall  fodeit  forty  dollars  for  every 

65.  If  a  Presiding  Officer  shall  not,  before  the  opening  of  SSSS^i  V2 
he  Sheriff's  court  on  the  day  to  which  the  same  was  adjourn-  xiiai  poll  book 
id,  return  the  poll  book  or  his  precept  to  the  sheriff  or  shall 

Jzer  the  poll  book,  he  shall  be  liable  to  an  action  for  damages 
it  the  suit  of  apy  party  aggrieved,  and  shall  also  forfeit  for 
iveiy  offence  two  hundred  dollars,  and  the  tiirther  sum  of 
wraty  dollars  for  eveiy  day's  neglect  to  return  the  poll  book. 

66.  If  a  Poll  Clerk  shall  offend  in  the  premises  he  shall  ^™!^^'°'*' 
or&it  forty  dollars  for  every  offence.  eitrk, 

67.  The  Sheriff  at  his  courts,  and  the  presiding  officers  at  pawknofpt*- 
Itmr  polling  places,  shall  be,  during  the  day  on  which  the  j|2)^** 
Election  or  polling  may  be  prosecuted,  conservators  of  the 
M«ce,  and  vested  with  the  same  powers  for  the  preservation 
tf  the  peace,  and  the  apprehension  and  committal  for  trial,  or 
iolding  to  biul,  or  trying  and  convicting  violators  of  the  law 
ind  Rood  order,  as  are  vested  in  Justices  of  the  Peace  ;  and 
nr  me  pnrpo*  of  preserving  peace  and  good  order  at  the 
section  or  polling,  the  Sheriff  or  Presiding  Officer  may  require 
Sko  aeristanoe  of  all  persons  present,  and  may  on  view  commit 
my  person  for  breach  of  the  peace,  violating  or  threatening 
4i)etoxa  at,  or  coming  to,  or  returning  &om,  the  election  or 
loUmgj  01  for  any  violation  of  good  order,  to  the  custody  of 
m  person,  for  any  time  not  exceeding  twelve  hours ;  or  may, 
^.vnUing  onder  his  hand,  commit  to  prison  for  a  like  offence 
Er.  A  peitod  not  extending  beyond  the  second  d^  thereafter 
ina  K  the'  expiration  thereof  may  cause  the  offender  to  be 
nra^ht  before  a  Justice  of  the  Peace,  who  shall  inqiure  into 
i»  luttar,  and  may  fine  the  offender  in  a  sum  not  exceeding 
ogbt  dollars  and  costs :  and  commit  him  to  jail  until  the  fine 
}e  paid ;  and  all  peiaons  present  are  enjoined  to  assist  the 
>Sicer  presiding  and  Justices  in  dischat^g  such  duties, 
mder  pain  of  being  guilty  of  misdemeanor ;  and  Justices  re- 
ading in  the  district,  upon  being  notified  in  writing  by  the 
Sherm  oi  presiding  officer,  shall  attend  to  a;d  in  preserr- 
ing  peace  and  order ;  and  the  Justices,  SheriSf  and  preddiBg 


u 


SLSCnOKB. 


[affkhihx 


In  cme  of  Inea- 


paoity  of  presi 
ainf  offie«r. 


In  emse  of  ioea* 

paoltjofpoU 

clerk. 


Proceedingt  of 
•heiifTicoart 
after  the  poIL 


PenalU  for 
■heriffmaking 
falae  retuma. 


rroceedinn  in 
case  all  poll 
booka  are  not 
returned. 


officer  msLj,  when  considered  necessary^  swear  in  spedal  caii- 
stables  to  act  as  peace  officers,  and  assist  in  maintaining  peioe 
and  order ;  and  upon  the  written  application  of  a  candidiite  or 
agent,  or  two  electors,  the  Sheriff  or  presiding  officer  shall 
swear  in  such  special  constables  as  may  be  requisite. 

68.  If  a  presiding  officer,  before  the  termination  of  a  poD, 
shall  die,  or  be  incapable  of  performing,  or  shall  not  perfimn 
his  duty,  the  poll  clerk  shall  act  in  his  stead  and  perform  hii 
duties ;  but  before  commencing  his  new  duties  he  shall  appoint 
a  poll  clerk,  who  shall,  with  the  new  presiding  officer,  pie- 
yiously  to  entering  upon  their  duties,  take  the  oath  preaaSbed 
for  presiding  officers  and  poll  clerk,  and  they  shall  haTS  the 
same  powers,  and  be  liable  to  the  same  penalties  in  thor  new 
capacities,  as  if  originally  appointed. 

69.  If  a  poll  clerk  shall,  before  the  termination  of  a 
poll,  die,  or  be  incapable  of  performing,  or  shall  not  perfona 
his  duty,  the  presiding  officer  shall  appoint  another  poll  dezk  to 
act  in  his  stead ;  and  the  new  poll  clerk,  before  entering  onbii 
duties,  shall  take,  in  manner  as  if  originally  appointed,  the  oatli 
prescribed ;  and  he  shall  have  the  same  powers,  and  be  liabk 
to  the  same  penalties,  as  if  originally  appointed  poll  dezk. 

70.  Tlie  Sheriff  shall  keep  the  poll  books  unopened  uotS 
the  re-assembling  of  his  court  on  the  day  to  which  the  ssnie 
shall  have  been  adjourned ;  and  then  he  shall  openly  break  the 
seals  thereon,  and  cast  up  the  votes  as  they  appear  on  the  poll 
books,  and  shall  then  openly  declare  the  state  of  the  poll ;  and 
if  within  one  hour  thereafter  any  candidate,  or  two  electon, 
demand  a  scrutiny  of  the  qualification  of  any  candidate  pre- 
viously qualified,  and  about  to  be  returned,  or  protest  agunst 
the  whole  election,  or  return  of  any  member,  on  groands 
to  be  stated  in  writing,  the  Sheriff  shall  enter  the  same  on  the 
record  book,  and  annex  a  copy  thereof  to  his  return,  with  the 
writ ;  and  such  candidate,  or  two  electors,  may,  by  writrngy 
signify  to  the  Sheriff  at  any  time  before  the  next  meeting  of 
the  Legislature,  the  abandonment  of  the  protest  or  scrutiny. 

71.  Any  Sheriff  who  shall  make  a  false  return,  or  retain 
more  than  are  required  by  the  writ  to  be  chosen,  shall  forfeit 
for  every  offence  the  sinn  of  four  hundred  dollars ;  and  tk 
psuty  aggrieved  may  also  recover  the  damages  he  shall  sustain 
thereby,  with  costs,  in  an  action  against  him,  or  any  person  ute 
shall  knowingly  procure  the  same. 

72.  When  any  of  the  precepts  for  taking  the  poll  sbaD 
not  be  returned  at  the  time  to  which  the  sherifiTa  court  IM . 
adjourned,  the  Sheriff  shall  not  examine  the  returns  made^M 
shall  further  adjourn  the  court  to  the  following  day,  ttidli 
from  dav  to  day  until  the  precepts  and  poll  books  sfadd  hMP^ 
been  all  returned;  and  in  making  such  adjouxniMBft Mlit.' 


.]  ELECTIONS.  15 


shall  publicly  declare  the  reason,  and  he  shall  in  no 
case  continue  the  adjournment  if  the  House  of  Assembly  be 
in  session,  or  to  so  late  a  day  as  shall  interfere  with  the  return  of 
Ids  writ  in  time  for  the  then  next  session ;  but  he  shall  in  such 
cases  complete  the  election,  and  return  his  writ,  notwithstand- 
ing the  deficiency  of  returns,  and  he  shall  in  his  return  men- 
tion the  deficiencies. 

78.  I£  a  presiding  officer  shall  not  have  returned  his  pre-  B«tiiraofp«u 
oept  and  poll  book  at  the  proper  time,  the  Sheriff  or  a  candi-  eompeu^ 
dale,  or  an  elector,  may  make  complaint  thereof  on  oath,  before 
a  Justice  of  the  Peace,  who  shall  summon  the  presiding  officer 
to  answer  the  same ;  and  if  he  shall  not  appear  and  shew 
good  cause  for  the  delay,  the  justice  shall  by  warrant  commit 
him  to  jail,  until  he  shsdl  make  due  return  of  his  precept  and 
proceedings  thereon,  together  with  his  poll  book. 

74.  A  candidate  against  whom  a  vote  shall  be  wrongfully  PenAitiet,  how 
polled,  or  against  whom,  or  to  the  prejudice,  or  with  the  in-  SmJSJ?***  "* 
tent  to  prejudice  whose  interest,  any  act  shall  be  wrongfully 
done,  contrary  to  this  Act,  and  for  which  vote  or  act  a 
finrfeiture  is  herein  imposed,  may  within  six  months  from  the 
commission  of  the  offence,  prosecute  for  the  forfeiture,  and, 
npon  recovery,  the  amount,  after  deducting  charges  incurred 
by  the  candidate  about  the  prosecution,  sh^l  be  paid  to  the 
ofeneers  of  poor  for  the  place  where  the  offence  was  commit- 
tedy  for  the  use  of  the  poor  thereof.  If  no  prosecution  shall 
be  pending,  or  haye  been  prosecuted  to  final  judgment,  then 
nay  person  may  prosecute  for  the  penalty  at  any  time  after  the 
eaqpiration  of  the  six  months,  and  before  the  expiration  of 
twdve  months  fiom  the  commission  of  the  offence. 

75.  Judgments  for  penalties  under  this  Act  shall  be  jndimtnt,  how 
leried  with  costs  on  the  goods  or  lands  of  the  defendant,  and  '*^^* 
fcr  want  thereof,  or  of  payment  by  the  defendant,  may  be 
krried  on  his  body,  and  the  defendant  shall  thereupon  be  com- 
mitted to  jail,  there  to  remain  tmtil  the  judgments  be  paid,  or 
intil  lie  shall  have  continued  in  jail  for  a  period  proportioned 
lo  tlie  amount  of  the  penalty,  that  is  to  say :  one  week  for 
four  dollars  thereof,  but  such  imprisonment  shall  in  no 
exceed  three  months. 

%6,  Penalties  imposed  by  this  Act  shall  be  recovered  tJJjJJ^  •■ 
iritb  costs  as  follows :  when  the  penalty  shall  not  exceed  forty 
ioDttSf  it  shall  be  recovered  in  a  summary  manner  before  two 
Fofllieei  of  the  County,  from  whose  judgment  either  party  may 
Bpaal!  to  the  Supreme  Court  on  giving  good  security  as  fol- 
Ofilli;,iilih0  case  of  the  plaintiff  for  payment  of  the  defendant's 
Hiatolf  iosd  in  ease  of  the  defendant  for  payment  of  the  penalty 
{if  judgment  shall  be  given  against  the  appellant ;  and 
GSrazt  shall  try  the  same,  and  give  judgment  in 


16 


BLECnoHS. 


[appesihS 


Xridenot* 


SberltPt  t—B, 


WbentobepAid 


Making  ftOse 
declaration,  fte. 
considered  per* 
jury. 


Qnaken  maj 
affirm 


Penalty  fbr  dift> 
obedience  to 

SroTlsione  of 
lie  act. 


manner  practised  in  stimmaiy  causes.  When  the  penalty  shall 
exceed  forty  dollars^  the  same  shall  be  recoyerable  by  action  of 
debt  in  the  Supreme  Court,  in  which  action  it  shall  suSce  fbr 
the  plaintiff  to  set  forth  in  his  declaration  that  the  defendants 
indebted  to  him  in  the  amount  of  the  penalty  sought  to  be 
recovered,  and  to  allege  the  particular  offence  for  which  the 
action  is  brought,  and  that  the  defendant  hath  therein  acted 
contrary  to  this  Act,  without  mentioning  the  writ  for  holAig 
the  election,  or  the  return  thereof,  and  on  the  trial  panl 
proof  of  the  election  shall  be  sufficient  prima /aeie  eTidene^ 
without  producing  the  writ. 

77.  On  the  return  of  a  writ  the  Sheriff  shall  be  entitled 
to  receive  from  the  provincial  treasury  six  dollars  fat  erery 
member  returned.  When  there  is  no  contest  he  shall  bs 
entitled  to  two  dollars  from  every  candidate;  and  iftes 
there  shall  be  a  contest  and  a  poll  demanded  four  ddlars 
from  every  candidate  instead  of  two  dollars :  and  farther, 
when  there  shall  be  a  contest  there  shall  be  paid  to  the 
Sheriff  by  the  candidates  in  just  proportions,  according  to 
the  number  of  the  poUing  places  in  which  each  candidate  is 
interested,  the  following  sums :  four  dollars  for  providing  a 
booth  or  polling  place  for  each  polling  district,  except  when 
the  polling  place  shall  be  a  public  buHding  that  can  be  hid 
without  charge,  four  dollars  for  every  presiding  officer,  and 
two  dollars  for  every  poll  clerk,  to  include  their  tra- 
velling fees ;  and  the  fees  shall  be  paid  to  the  Sheriff  (m 
the  day  of  opening  his  court  for  commencing  the  election; 
and  the  name  of  no  candidate  shall  be  entered  on  the 
Sheriff's  poll  book,  or  returned  to  presiding  officers,  who 
shall  not  have  paid  or  tendered  the  Sheriff  the  full  amoant 
due  from  him  under  this  section  before  the  a^joamment  of 
the  court  on  that  day. 

78.  Whoever  shall  wilfully,  falsely,  and  corruptly  make 
any  declaration,  oath,  or  affirmation  required  by  this  Act,  or 
shall  corruptly  procure  or  suborn  any  other  person  to  malEe 
any  of  them,  shall  be  guilty  of  perjury,  and  for  every  offence 
incur  the  penalty  of  a  person  guilty  of  perjury. 

79.  Quakers  may  affirm  in  any  cases  where  an  oath  ie 
required. 

80.  If  any  Sheriff,  presiding  officer,  poll  clerk,  Assessor, 
Bevisor,  Clerk  of  the  Peace,  or  other  person  whosoever,  ap* 
pointed  or  acting  under  the  authority  of  this  Act,  shiD 
wilfully  contravene  or  disobey  any  of  the  provisions  of  ttk 
Act  with  respect  to  any  matter  or  thing  such  person  it  if*- 
quired  to  do,  and  for  which  de&ult  or  offbnco  no  speoll 
penalty  is  provided,  be  shall  be  liable  to  the  penalty  of  OM^ 
hundred  dollars,  to  be  recovered  in  an  action  at  tbe  suit  d^' 
candi^te  or  elector ;  and  the  jury  may  find  ihmt  imtU- 


i 


SLECnONS*  17 

* 

le  fiill  sum  of  one  hundred  dollars,  or  any  sum  not  less  now  neoTerea. 
twenty  dollars  they  think  just  for  the  offence,  and  the 
tiff  shall  have  judgment  and  execution  therefor  with, 
of  suit. 

.     Penalties  imposed  by  this  Act  must  bo  prosecuted  lamiuuon  and 
n  four  months  after  the  commission  of  the  offence,  and  **"*  ^ 
be  recovered  by  action  in  any  court  of  competent  juris- 
3n ;  and  the  plaintiff  may  set  forth  in  his  declaration 
the  defendant  is  indebted  to  him  in  the  amount  of  the 
Ity  sought  to  be  recovered,  allege  the  particular  offence 
'hich  the  action  is  brought,  and  that  the  defendant  hath 
nn  acted  contrary  to  this  Act,  without  mentioning  the 
for  holding  the  election,  or  the  return  thereof. 
;.    The  penalty,  when  recovered,  shall  be  appropriated,  Appropriation 
lalf  to  the  person  who  shall  sue  therefor,  and  the  other  ^  ^^  ^^' 
to  the  Treasurer  of  the  county,  district  or  city  where 
offence  was  committed,  for  the  use  of  the  county,  district 
ty. 

.    On  trial  of  any  action  or  prosecution  for  any  penalty  paroi  proof  of 
«ed  by  this  Act,  or  any  other  proceedings  arising  out  of  clJSu****  *"" 
election,  parol  proof  of  the  election  shall  be  sufficient 
la  facie  evidence  without  producing  the  writ. 
.    The  word  "  Sheriff,"   herein,   shall  mean   Sheriff,  **®*°J°«^iq 
>r   sheriff  or   deputy  sheriff;  "presiding  officer"  shall  ac™'" 
1  the  pei-sou  presiding  to  take  the  poll ;  "  county,"  in 
\  where  a  county  is  divided  into  two  districts  for  muni- 
.  purposes,  shall  mean  such  municipal  districts  ;  "  Clerk 
le  Peace"  shall  include  the  City  Clerk,  Halifax  ;  "  dis- 
**  shall  mean  polling  district ;  and  "  election"  the  elec- 
of  members  to  serve  in  General  Assembly,  when  the 
3  requires  such  constructions. 

►.     Chapters  five,  seven  and  eight  of  the  Revised  Sta-  acu  repealed. 
I,  (second  series)  and  all  other  Acts  inconsistent  with 
Act,  are  hereby  repealed. 

SCHEDULE  B. 

'e  the  undersigned  Revisers,  duly  appointed  for  revisal 

on  ,  number ,  in  the  County  of ,  do 

by  solemnly  swear  that  we  will  well  and  faithfully  dis- 
ge  the  duties  assigned  to  us,  without  favor  or  partiality, 
we  will  place  no  name  on  the  list  of  registry,  and  will 
:e  no  name  off  the  same,  unless  we  shall  be  satisfied  that 
lame,  by  the  law  under  which  we  have  been  appointed 
tevisors,  should  be  placed  on  or  struck  off  the  same,  and 
we  will  in  all  respects  conf  irm  to  U^e  said  law,  to  the 
of  our  judgment  and  ability. 

worn  to  at :,  this day  ot ,  A.D.,  18 — . 

Before  me, 

2  J.  P. 


18  BLEcnoNs.  [appknihx 


Chapter  24  of  the  Acts  of  1870, 

ENTITLED,  "AN  ACT  TO   B8TABU8H  VOTE  BY  BALLOT   AT  ILBtV 
TIONS  ;   AND  TO   AMEND   CHAPTER  28  OF  THE   ACTS  OF  1863 :" 

As  amended  by  Chapter  1  of  the  Acts  of  1871. 

All  eieeuont  for      1.    All  elections  for  mcDibers  to  serve  in  tho  Legisbiti?e 
by^Siou  '**  ^*  Assembly  of  Nova  Scotia  hereafter  to  be  held,  shall  be  bj 

ballot. 

nuS£?Sb«i.        2-    '^®  Governor  in  Council  shall  cause  a  sufiicient  xvaxor 

lot  boxei  to  be  bcr  of  ballot  boxcs  to  be  furnished  with  locks  and  kejs,to 

™ub^'to  sher-  bc  made,  each  with  a  convenient  aperture  for  depositing  the 

aS^JeTui^r^«>n-  ballots  therein,  and  to  secure  the  ballots  from  loss  or  illegtl 

*"**•  interference,  and  shall  furnish  the  Sheriff  (»f  each  county  io 

the  Province  with  the  number  required  for  the  difibrent 

polling  places  in  such  county  ;  and  such  ballot  boxes  shall 

be  under  the  control  of  the  Sheriff,  and  if  additional  or  nev 

boxes  are  required  thereafter,  the  county  shall  defray  the 

expense  thereof,  and  the  Sheriff  shall  provide  the  same. 

Tidewlc^h  ^'n".       ^'    ^^^  Sheriff  shall  furnish  the  presiding  officer  of  each 

iDf  officer  with   polling  district  within  his  bailiwick  with  a  ballot  box  and  a 

poiHn^oo*k.^    true  copy  of  the  Register  of  electors  of  the  district  for  which 

such  officer  is  appointed,  and  also  with  a  polling  book,  as 

now  by  law  required. 

Sheriff  Bhaii  4.     Tlic  Sheriff  shall,  before  the  opening  of  the  poll,  caose 

orprocJlS^iSu.  booths  to  be  erected,  or  procure  suitable  buildings  for  taking 

touk?ponlnd  the  poll,  and  on  the  day  of  the  poll  the  presiding  officer  Aall 

?hSi^*oft  u*^*"^  cause  to  be  posted  up,  and  kept  posted  up,  in  at  least  one 

Qames  of  cuidi-  couspicuous  placc  insidc  and  one  outside  the  booth  or  build- 

oSteide"pl?mUg**  i»g  where  the  poll  is  taken,  the  names  of  all  the  candid^es 

place.  jjj  iarge  letters. 

Atopening  of        6.     At  the  hour  for  opening  the  poll  and  before  any  Tote 

to  be  examined  is  taken,  the  presiding  officer  and  clerk  shall  open  the  ballot 

empij.^*  '**"°^  box,  and  in  the  presence  of  the  candidates  or  their  agents,  if 

present,  and  of  the   electors,  openly  and  publicly  examine 

the  same,  and  ascertain  that  it  is  empty. 

Elector  rauat         6.     Bcforo  any  elector  is  permitted  to  vote,  he  shall  state 

!l^d^rel>'d°  nTe    his  name  and  residence  ;  the  Polling  Clerk  ^hall  enter  his 

Mrae^ehaubf"  '^amc  and  residence  in  the  poll  book,  but  shall  in  no  instaaoe 

bSSk^^bit  i****""  ®"^®^  ^^  ^^^  P^'^  oook  the  name  or  names  or  anything  to 

eaae  are  naraea   iudicatc  the  iiame  Or  uamcs  of  the  candidate  or  oandkblBa 

be  eSered.'*' ***  for  wliom  the  clcctor  votes.     The  Presiding  Officer  must  lid 

S?to*find  a?d    *^®  name  and  residence  of  the  elector,  and  mark  thesaflMoa 

» "l.^oi«"'     the  Register,  before  the  elector  shall  be  permitted  Io  dmst 

his  ballot. 


IL.)  SLBOnONS.  19 

7.  The  Presiding  OflScer,  when  requested  by  an  elector  ^j^J^JJ  ^'^^ 
desiring  to  vote,  shall  state  the  names  of  the  candidates,  and  paired  ^ute 
also  explain  the  method  of  voting,  but  shall  not  influence,  ^ndtdltolir  ^ 
nur  attempt  to  influence,  nor  permit  any  person  to  attempt  metoad%^°vot. 
to  influence,  the  elector  to  vote  for  any  of  the  candidates  at  i^g*  bnt  sban 

.•         1      . .  "^  not  influence 

Cue  election.  allow  any  one 

8.  No  person  shall  be  allowed  to  he  present  in  any  booth  JJ^}"*"*"®*  ^ 
or  apartment  while  a  poll  is  being  tskm  therein,  except  the  SioweTio  be^ 
Presiding  Officer  and  his  Clerk,  and  the  candidates  and  their  }J,^ein^^taken*** 
agents,  inspectors  and  clerks,  appointed  according  to  the  pro-  except  pretid. 
visions  of  the  fifty-third  section  of  Chapter  28  of  the  Acts  of  dfrkfSi!di°* 
1863,  entitled,  "  An  Act  to  regulate  the  Election  of  Members  ttTiit^S* 
to  serve  in  the  General  Assembly,"  and  any  elector  intending  J"*!®^*"^?'*"^ 
to  vote ;  and  such  elector  shall  depart  from  such  booth  or  eieotor.-eieotor 
apartment  immediately  after  depositing  his  ballot  in  the  box ;  %ua^*^^ 
and  no  other  party  or  parties  shall  be  permitted  to  enter  the 

i)Ooth  or  apartment  during  the  taking  of  the  poll. 

9.  No  person  present  at  the  polling  shall  reveal  the  vote  Sflinreve'SrJSie 
of  any  elector  at  any  such  election,  if  it  shall  become  known  Sacer/^ISSi*"^ 
to  him  ;  but  any  voter  or  person  present  at  the  polling,  may  take  the  fouow- 
be  compelled,  by  a  Judge  in  a  court  of  law,  or  by  an  Elec-  "*** 

tion  Committee  of  the  House  of  Assembly,  to  disclose  the 
name  or  names  of  the  candidate  or  candidates  for  whom  sue- 
▼oter  sludl  have  voted  at  any  election,  provided  it  shall  be 
shown  that  such  voter  was  not  legally  entitled  so  to  vote ; 
and  the  Presiding  Officers,  Poll  Clerks,  Agents,  In 
apectors,  and  Clerks  shall,  before  the  opening  of  the  poll, 
take  and  subscribe  an  oath  to  the  following  effect  before  a 
Justice  of  the  Peace,  or  the  Presiding  Officer : 

**I,  A.  B.,  do  solemnly  swear  that  I  will  not  reveal  to  any 
pel  son  or  persons,  if  it  sliall  become  known  to  me,  thecandi* 
date  or  candidates  for  whom  any  elector  votes  at  this  election, 

Sless  required  to  do  so  by  a  court  of  law,  or  by  an  Election 
mmittee  of  the  House  of  Assembly.     So  help  me  Ood.*' 

10.  At  the  close  of  the  poll  the  Presiding  Officer,  with  the  ^V®*°*«  **'  p*>" 
aeBistance  of  the  Poll  Clerk,  and  in  the  presence  of  the  candi-  count^  and 
dates,  their  agents,  inspectors  or  clerks,  or  such  of  them  as  SiSSid ^a^nd"  bit- 

present,  shall  count  the  ballots  and  declare  the  state  {^k'l/'ii  K" 


<if  the  poll  in  his  polling  district  All  the  ballots  shall  then  ^^^'^^ 
be  returned  to  the  ball(»t  box,  and  the  poll  clerk  in  every 
^Hebict  shall  close  the  ballot  box,  with  all  the  ballots  therein, 
and  lock,  seal  and  secure  the  box  and  seal  up  the  polling 
liook,  baying  first  entered  the  state  of  the  poll  therein,  and 
silse  endesed  the  key  of  the  ballot  box  therein,  and  shall 
detiTer  the  same  so  enclosed  and  sealed  to  the  presiding 
^  sr,  wto  sball  give  a  receipt  therefor,  and  forthwith  trans- 
and  dteiiver  the  same  to  the  Sheriff,  who  shall  receive 
keep  theoBi  unopened  until  the  re-assembling  of 


so  ELECTIONS.  [appendix 

the  Court  at  the  Court  House  on  the  day  to  which  it  had 

been  adjourned. 
If  returoi  arc  11.  If  on  the  day  to  which  the  court  has  been  adjourned 
SofouraJd^Sourt  all  the  returns  shall  not  have  been  made,  the  SheriflF  shall 
tofc^oiJSrcd  ^^^  ^P^^  ^^®  polling  books,  and  shall  adjourn  the  court  to 
^rom  day  to  day  the  following  day,  and  so  on  from  day  to  day  until  all  the 
*n.     ^  *"*  "^  returns  are  made,  and  shall  publicly  state  the  cause  of  such 

adjournment ;  but  in  no  case  shall  he  adjourn  the  cotirt  to 

so  late  a  day  as  to  interfere  with  the  return  of  the  writ 
whenbooki  all      12.     On  the  final  day  to  which  the  court  shall  have  been 
iucfrtaS/and*"  adjoumcd,  the  SheriflF  shall  publicly  break  the  seak  of  the 
orthrTOu'Md  polling  books,  ascertain  and  declare  the  state  of  the  poll,  and 
return  toe  mem.  rctum  the  members  chosen  for  the  county  for  which  such 

bera  elect.  i      ..        •     i     u  ^ 

election  is  held. 
Sheriff  •hall  13.    If  any  candidate  shall  request  it,  the  ballots  shall  be 

i!?t"?if  My  ^*n."  counted  by  the  SheriflF,  assisted  by  two  eflBcient  clerks  to  be 
^*ueit*  u!*"*!^  appointed  by  him,  and  sworn  to  the  faithful  performance  of 
2c.,'&c.  ^''  their  duty  ;  each  ballot  shall  be  entered  in  the  general  poll 
book,  and  a  duplicate  thereof  in  a  check  book,  both  prepared 
with  proper  columns,  and  with  the  candidates'  names  entered 
therein.  Before  a  new  box  shall  be  opened,  the  result  of  tlie 
first  shall  be  ascertained.  If  in  counting  up  the  two  books 
the  numbers  diflFer,  the  counting  shall  be  tested  by  referring 
to  the  ballots.  After  the  result  is  correctly  ascertained,  the 
ballots  shall  be  returned  to  the  box  and  kept  locked  up  uutil 
the  members  are  declared,  when  the  SheriflF  shall  destroy 
them ;  unless  a  protest  be  entered  against  the  election ;  in 
which  case  ho  shall  preserve  them  until  such  protest  is  finally 
determined  or  abandoned.  If  it  takes  more  than  one  day  to 
count  the  ballots,  the  SheriflF  shall,  at  or  before  four  o'clock 
in  the  afternoon,  adjourn  the  coui  t  from  day  to  day  until  they 
are  all  counted,  so  tliat  the  court  shall  not  be  kept  open  after 
four  o'clock  on  any  day.  As  soon  as  the  result  is  known  he 
shall  make  proclamation  of  the  members  chosen,  and  that  the 
court  is  adjourned  without  day,  and  forthwith  return  the 
writ  to  the  Provincial  Secretary,  and  file  the  poll  book  and 
check  lists  with  Iho  Clerk  of  the  Peace. 

Presiding offlcer      14.     If  a  presiding  oflficer  shall  not  have  returned  hispre- 

returo  bailout      ccpt,  and  the  ballot  box  and  check  list  at  the  proper  time,  the 

beuk^nbywar-  SheriflF  or  a  candidate  or  an  elector,  may  make  complaint 

rant  of  J.  p.       thcrcof  ou  oath  to  a  Justice  of  the  Peace,  who  shall  summon 

him  forthwith  to  answer  the  same  ;  and  if  he  shall  not  shew 

good  cause  for  the  delay,  the  Justice  may,  by  warrant,  cofr 

mit  him  to  gaol  until  he  duly  return  the  precept,  ballot  box, 

^„     .        ^    and  check  list. 

All  vot68  to  be  - 

SLu'^'bo  iTcaM  ^^'  ^^^  ^^^®^  ^'^^^^  ^®  given  by  ballot  or  ballots  endow 
containing  ^  in  an  cnvelopc :  and  every  such  ballot  shall  be  a  paper  cr 
°Ste?  enclosed  card  tickct,  which  shall  contain  in  writing  or  priatingftf 
vXpT^*^'  *"'  partly  written  and  partly  printed,  the  name  ornamei  of  i 


A.]  BLBCnONS.  21 

candidate  or  candidates  for  whom  the  elector  intends  to  vote. 
Every  voter  shall  deliver  his  ballot  or  ballots,  in  an  ordinary 
four-cornered  white  envelope  without  any  distinguishing  mark ; 
and  any  envelope  containing  more  names  than  the  num- 
ber of  members  to  be  elected,  or  containing  the  name  of  any 
candidate  more  than  once,  shall  not  be  counted,  but  shall  be 
preserved  as  originally  deposited. 

16.  No  voter  shall  deposit  more  than  one  envelope  with  metope  to\ed^ 
his  ballot  or  ballots  in  the  ballot  box.     If  any  elector  shall  not  Silfg^JffiJJ?^^ 
be  provided  with  an  envelope,  the  presidinc:  officer  shall  fur-  furnith  enye- 
nish  him  with  one.     The  providing  of  such  envelopes  for  the  cewary. 
various  presiding  officers  shall  be  a  county  charge.     It  shall 

be  the  diity  of  every  presiding  officer  to  ascertain  that  no 
voter  shall  deposit  more  than  one  envelope  in  the  ballot  box. 

17.  There  shall  be  no  public  or  political  meeting  held  by  the  ?*?!*'*•*' Jj?^ 
Sheriff  in  connection  with  the  election  on  the  day  provided  for  or  poi?Jcai 
his  court  in  Chapter  28  of  the  Acts  of  1863,  but  he  shall  attend  SS?ation''"dS?; 
within  the  Court  House,  from  eleven  o'clock  in  the  forenoon  un-  ^°nd**V**  court 
til  two  o'clock  in  the  afternoon,  or  till  such  time  thereafter  as  the  y,*}"5*f^^niV 
duties  remaining  to  be  performed  require,  and  the  Sheriff  shall  nation, 
exclude  from  the  place  all  persons  not  having  business  before  him 

in  connection  with  the  election,  and  he  shall  preserve  order  and 
quiet.     The  names  of  the  candidates,  proposed  by  two  elec- 
tors, provided  for  by  Section  86  of  the  said  Chapter,  shall  be  in  ^JSTio^  p?©^ 
writing  presented  to  the  Sheriff.     It  shall  not  be  necessary  for  wanted  in  tvrii- 
the  can(Udate  himself  to  be  present  on  the  said  day  of  nomi-  "*' 
nation ;  and  instead  of  the  oath  provided  by  said  Section  36, 
an  affidavit  made  by  the  candidate,  or  his  duly  authorized 
agent,  of  qualification  by  law,  shall  be  sufficient,  sworn  before 
a  Justice  of  the  Peace,  or   Commissioner   of  the   Supreme  ^iSutn^t^ 
•Court*     If  no  more  candidates  are  proposed,  or  more  names  number ofmem- 
received  than  the  number  of  members  required  to  be  returned  turned  are  Dro- 
it shall  not  be  necessary  to  demand  a  poll,  but  it  shall  be  or-  SotbeneceMary 
dered,  and  the  proclamation  made  as  provided  in  Section  36  poiL^'°**°^   * 
of  the  said  Chapter. 

18.  All  portions  of  existing  laws  inconsistent  with  this 

Act  are  hereby  repealed.  ^rS^^u    • 

ill*  Presiding  officers  and  others  violating  the  provisions  of  wpeaied. 
lihit  Acty  shall  be  liable  to  the  same  penalties  as  are  provided  in  Penaiuea. 
CiMpter  28  of  the  Acts  of  1863,  entitled  ''  An  Act  to  Regu- 
ble  the  Election  of  Members  to  serve  in  the  General  Assem- 
Mj  ^  and  if  any  person  convicted  of  personating  any  elector, 
•ball  not  pay  the  fine  forthwith,  he  shall  be  imprisoned  for  a 
larm  not  exceeding  three  months. 


f^  XUBCnOHBk  ^APPENDIS 


Chapter  3  of  the  Acts  of  1871^ 

ENTITLED,    "  AN    ACT   TO   SECURE   THE    TNDEPENDENCB  OF  THE 

HOUSE   OF   ASSEMBLY;*' 

As  amended  by  Chapter  15  of  the  Acts  of  1872. 

ehLiM^'  *  **'  1.  It  shall  not  be  lawful  for  any  person  to  rote  at  my 
election  for  a  member  or  members  to  represent  the  people,  in 
the  General  Assembly  of  this  Province,  who  at  any  time' 
within  thirty  days  before  the  day  of  election,  was  an  emphft^ 
or  in  the  receipt  of  wages  or  emolument  of  any  kind  as  sodi 
employe  in  the  Post  Office,  the  Custom  House,  the  Inknd 
Eevenue  Department,  the  Lighthouse  Service,  on  the  Gorera- 
ment  Railroads,  in  the  Crown  Land  Office,  or  the  Local  PuUb 
Works  and  Mines. 

Penalty .^  2.     Any  person  who  being  disqualified  under  the  provifiODS' 

of  the  first  section  of  this  Act,  shall  vote  or  attempt  to  vote, 
for  any  candidate  or  candidates  at  an  election  as  aforesaid,  shaD 
be  liable  to  a  penalty  of  not  less  than  twenty  nor  more  thin 
two  hundred  dollars ;  and  if  the  penalty  shall  not  be  paid 
within  one  month  after  judgment  and  execution  issued  thereon^ 
the  defendant  shall  be  imprisoned  in  the  common  jail  for  a 
term  not  exceeding  three  months. 

How  reeorered.  3.  Penalties  under  the  second  section  of  this  Act  shall  be 
recovered  as  an  ordinary  debt  before  a  Stipendiary  Magistrate, 
or  any  two  Justices  of  the  Peace,  who  shall  at  the  time  o< 
pronouncing  judgment  fix  the  term  of  imprisonment,  on  de- 
fault of  payment  as  therein  provided. 

Names  not  to  be      4.     The  names  of  persons  disqualified  under  the  first  scc- 

regutered.         jJqjj  ^f  ^j^jg  ^^^  shall  not  be  inserted  in  the  list  or  raster  of 

electors,  and  if  entered  shall  be  struck  off  in  the  manner  pro- 
vided in  Chapter  28  of  the  Acts  of  1863. 
Penalty  for  re-  5.  Any  elcctor  may  be  required  to  take  the  followiDg 
futingoath,  oath,  and  if  he  refuses  or  neglects  to  take  the  same  when 
thereunto  requested,  his  name  shall  be  struck  out  of  the  poH 
book,  and  he  shall  not  be  polled  again.  The  oath  shall  be 
administered  by  the  presiding  officer. 

OATH. 

cathNo.i.  I^  X.  B.,  do  swear  that  I  was  not  at  any  one  tinie»  wkw 

thirty  days  before  this  election,  an  employe  or  in  the  zeodfi^ 


A«]  •     SLBCnONS.  SS 

wages  or  emolument  of  any  kind  as  such  employe,  in  the  Post 
Office,  the  Custom  House,  the  Inland  Revenue  Department, 
the  Lighthouse  Service,  on  the  Government  Bailroads,  in  the 
Crown  Land  Office,  or  the  Local  Public  Works  and  Mines, 
and  that  I  have  not  resigned  or  been  discharged  from  my  em- 
ployment in  any  of  such  services,  in  order  to  enable  me  to  vote 
at  this  election.     So  help  me  God. 

6.  Actions  for  penalties  under  this  Act  shall  be  commenced  ^^^^^  °' 
within  six  months  after  the  commission  of  the  offence  and  not 
aftterwards. 

7.  Nothing  in  this  Act  shall  be  construed  to  extend  to  any  KxcepUoni. 
elector  who  may  have  contracted  to  furnish  materials  of  any 

kind  for  the  Government  railroads  or  to  perform  any  other 
specific  contract  in  respect  of  the  same ;  or  to  any  person  who 
may  have  been  employed  by  the  day  temporarily  to  repair  the 
railroads ;  or  to  any  way  office  keeper  or  mail  courier  Xmder 
the  Post  Office. 

8.  Any  person  disqualified  under  the  first  section  of  this  ^*dUqwa5M 
Act  and  whose  name  shall  not  have  been  inserted  in  the  list  qu'SiaJS'S  ▼ot© 
or  Register  of  Electors  by  virtue  of  the  fourth  section  of  this 

Act  and  whose  name  shall  have  been  struck  off  in  the  manner 
prescribed  in  Chapter  28  of  the  Acts  of  1863,  shall  be  entitled 
to  vote  at  any  election  hereafter  to  be  held  in  this  Province ; 
provided  he  shall  have  been  discharged  or  ceased  to  be  an 
employe  under  the  first  Section  of  this  Act,  between  the  time 
of  making  up  the  final  lists  of  Electors,  and  within  thirty  days 
before  such  election,  on  his  taking  the  following  oath  . — 

OATH   irUMBEK  TWO. 

I,  A.  B„  do  swear  that  I  am  legally  qualified  to  vote  at  this  OiUiNo.2« 
^alection^  and  I  verily  believe  that  my  name  was  struck  off  the 
Xist  of  Electors  by  reason  of  my  being  an  employe  of  the 
[Dominion  or  Local  Government  at  the  time  such  lists  were 
lut  perfected,  and  that  since  the  said  lists  were  last  perfected 
aad  for  thirty  days  before  this  election  I  have  resigned  my  said 
emplojrment  or  been  discharged  therefirom  (as  the  case  mxzy 
(6e)»  and  that  I  have  not  resigned  my  said  employment  in  the 
!Poat  Office,  the  Custom  House,  the  Inland  Kevenue  Depart- 
ment, the  Lighthouse  Service,  on  the  Government  Railroads, 
in  the  Crown  Land  Office,  or  the  Local  Public  Works  and 
Mineiy  or  any  or  either  of  them  or  been  discharged  therefrom 
to  enaUe  me  to  vote  at  this  election.     So  help  me  God. 


-»  ■     IT 


jB4  sLicnoNg.    •  [affemiu 


Chapter  14  of  the  Acts  of  1872, 

ENTITLED  AN  ACT  TO  FUKTHBE  AMEND  CHAPTER  28  OP  THI 
ACTS  OF  1863,  ENTITLED,  ''AN  ACT  TO  REGULATE  THE  BLEO- 
TION    OF   MEMBERS  TO  SERVE  IN   THE  GENERAL   ASSEMBLY :" 

Eto^MTomit-  1.     Any  person  possessing  the  qualification  of  an  elector,  as 

m«nt  roll  or  im-  required  by  the  first  section  of  the  Act  hereby  amended,  at 
proper  y  •  uc    ^^  \xxci^  of  assessment,  and  whose  name  shall  have  been  oimt- 
ted  from  the  Assessment  Roll  or  firom  the  Revisors*  liat  or 
Register  of  Electors,  or  being  upon  the  Assessment  Roll  ahall 
have  been  improperly  struck  oflF  by  the  Revisers  or  omitted 
from  their  list  or  who  shall  have  been  insufficiently  assessed  to 
qualify  him  to  vote,  shall  be  entitled  to  vote  at  any  election 
held  under  or  based  upon  such  list  or  register  upon  making  an 
Fbrm  of  afflda-  ^^^^^  ^^  ^^  iovon  in  Schedule  A,  to  be  sworn  to  before  any 
▼it-  Justice  of  the  Peace  for  the  county  in  which  such  qualificatioD 

exists  and  attested  by  such  Justice ;  provided  such  person  shaD 
in  person*  or  by  his  agent  file  such  affidavit  with  the  Cleik  of 
the  Peace  of  such  county,  on  or  before  the  twentieth  day  of 
July,  in  the  year  in  which  such  Revisers*  List  or  Register  of 
Electors  is  made  up. 
to  add  name  on       2.     The  Clerk  of  the  Peace,  immediately  on  receipt  of  wch 
jjj»pto  «      •  affidavit,  shall  mark  upon  the  back  thereof  the  time  of  filing 
the  same,  and  shall  thereupon  add  the  name  of  such  person  to 
the  Register  of  qualified  electors  for  the  year,  in  the  polling 
district  in  which  such  person  is  so  qualified  and  entitled  to 
vote,  and  shall  sign  and  grant  and  deliver  to  such  person  or  his 
agent  a  certificate  in  the  form  in  Schedule  B. 
S*"?rtth**°rovN       ^'     ^vcry  pcrsou  complying  with  the  provisions  of  the  fint 
•loniofistsec-  scctiou  of  this  Act  and  producing  the  certificate  of  the  Clerk 
to  Tote,  of  the  Peace  to  the  presiding  officer  at  any  election  shall  be 

entitled  to  vote  in  the  polling  district  mentioned  in  such  cer- 
tificate, notwithstanding  his  name  shall  not  have  been  entered 
by  the  Clerk  of  the  Peace  upon  the  Register  of  such  pollmg 
district. 
Clerk  of  Peace        4.     If  the  Clerk  of  the  Peace  shall  neglect  or  refnac  to 
rifaJin/name    cutcr  ou  the  Register  the  name  of  any  person  qualifying  him* 
of  qualified  per-  ggjf  under  this  Act  or  shall  neglect  or  refuse  to  grant  the  ce^ 
tificate  hereinbefore  provided  for  or  shall  enter  the  name  of 
any  person  on  such  list  or  register  after  the  twentieth  d^  of 
July  in  any  year,  he  shall  for  each  such  neglect  or  refiwalof 
improper  entry,  forfeit  and  pay  the  sum  of  forty  dolUuVi  l»  h 


I 


jl]  elections.  25 

recovered  in  the  name  of  any  person  who  shall  sue  therefor 
before  any  magistrate  or  other  court  of  competent  jurisdiction 
in  the  same  manner  as  an  ordinary  debt 

6.     Oath  number  one  in  Section  55  of  the   Act  hereby  J^n^^JS^^^^^ 
amended  is  repealed  and  the  following  oath  substituted  therefor, 
that  is  to  say  : 

OATH   NUMBER  ONE. 

'*  I,  A,  B.,  do  swear  that  I  am  qualified  to  vote  at  this  elec- 
tion, that  I  am  of  the  full  age  of  twenty-one  years,  and  am  a 

British  subject ;  that  I  reside  at ;  that  I  am  the  person 

named  in  the  Register ;  that  at  the  time  of  the  assessment  for 
the  year  18 —  1  possessed  and  was  assessable  for  (real  estate 
to  the  full  value  of  one  hundred  and  fifty  dollars^  or  per- 
9onal  estate  or  personal  and  real  estate  together  to  the  full 
value  of  three  hundred  dollars^  as  the  case  may  be) ;  and 
that  I  have  not  before  given  my  vote  at  this  election.  So  help 
me  God/' 

6.  Any  person  whosoever  presenting  himself  to  vote  at  be"^*^Sredto*^ 
any  election  may  be  required  to  take  the  oath  number  One  as  take  oath. 
set  forth  in  the  next  preceding  Section  of  this  Act ;  and  if  he 

refuses  or  neglects  to  take  the  same,  when  thereunto  requested, 
he  shall  not  be  allowed  to  vote,  and  his  name  shall  be  struck 
out  of  the  poll  book. 

7.  So  much  of  the  existing  law  as  is  inconsistent  with  this  io«>n«*«»«»t 
Act  IS  repealed. 


SCHEDULE  A. 

FORM    OF    AFFIDAVIT. 

• 

I,  A.  B.,  do  swear  that  I  am  of  the  full  age  of  twenty-one 

years  and  am  a  British  subject ;  that  I  reside  at ,  in 

I^oUing  District  Number — ,  in  the  County  of ,  that 

at  the  time  of  the  assessment  for  the  year  18 —  I  possessed 
and  was  assessable  for  {real  estate  to  the  full  value  of  one 
hundred  and  fifty  dollars^  or  personal  estate,  or  personal 
and  real  estate  together  to  the  full  value  of  three  hundred 
dollars,  as  the  case  may  be),  and  am  otherwise  qualified  by 
lair  to  vote  at  election  of  members  for  the  county  in  which  I 
reaiide.     So  help  me  God. 

Sworn  to  at  

in  the  County  of 

this day  of 

A.  D.,  18— w  A  B. 

Befixreme 

CD., 
J.  R  for 

the  Conntjr  of— — — 


28  ELBCnOHS.  [APFSHDa 

SCHEDULE  B. 

FORM    OF    CERTIFICATE. 

Office  of  Clerk  of  the  Peace, 
for  the  County  of 


This  is  to  certify  that  on  the day  of 


A.  D.,  18^,  I  entered  the  name  of ,  residing  at 

,  in  Polling  District  No.  — ,  on  the  list  or  raster 

of  qualified  voters  for  the  year  18 — ;  the  said  A.  B.,  having 
on  that  day  duly  qualified  himself  by  filing  with  me  the 
necessary  affidavit  of  qualification  as  required  by  Chapter  14 
of  the  Acts  of  1878. 

KF. 
Clerk  of  Peace  for 
County  of 


.]  BA1LR0AU8. 


27 


II. 


Ghapter  70  of  the  Bevised  Statutes. 


"OF  PROVINCIAL  GOVERNMENT    RAILROADS: 


9» 


amended  by  Chapter  12,  1865,  S.  2,  Chapter  4,  1867, 
and  Chapter  1,  187  3,  S.  6 ; 

11.  The  commissioners  or  contractors  are  authorized  to  i^n^  req^ir^d 
enter  upon  and  take  possession  of  any  lands  required  for  the  urmini. 
track  of  railways  or  for  stations  as  hereinafter  provided  ;  and 
they  shall  lay  off  the  same  by  metes  and  bounds,  and  record  a 
description  and  plan  thereof  in  the  registry  of  deeds  for  the 
county  or  district  in  which  the  lands  are  situate,  and  the  same 
shall  operate  as  a  dedication  to  the  public  of  such  lands ;  the 
land  so  taken  shall  not  be  less  than  four  rods  nor  more  than 
six  rods  in  breadth  for  the  track,  exclusive  of  slopes,  of  excava- 
tions and  of  embankments,  except  where  it  may  be  deemed 
advisable  to  alter  the  line  or  level  of  any  public  or  private 
carriage  road,  or  divert  any  stream  or  river,  in  which  case  it 
shall  be  competent  for  the  commissioners  to  take  such  further 
quantity  as  may  be  found  necessary  for  such  purpose  ;  also,  at 
each  station  a  sufficient  extent  for  depot  and  other  station 
purposes  ;  provided  always  that,  excepting  at  the  termini  or 
junction  of  the  railways,  the  quantity  so  appropriated  shall  not 
exceed  five  acres,  and  that  at  any  such  terminus  or  junction, 
it  shall  not  exceed  eight  acres.  Where  the  line  of  railway 
Tans  through  forest  lands,  or  lands  covered  with  wood,  the 
lands  authorized  to  be  taken  under  this  section  may  be  laid  off 
to  the  width  of  ten  rods,  inclusive  of  excavations  and  embank- 
ments, and  shall  be  laid  off  and  paid  for  under  the  provisions 
of  this  section.  Whenever  it  shall  be  found  necessary  to  re- 
noTe  or  destroy  buildings  upon  any  lands  taken  for  railway 
purposes  under  this  section,  it  shall  and  may  be  lawful  for  the 
GoTomor  in  €k>uncil,  by  order,  to  direct  that  the  compensation 
for  the  same  be  advanc^  from  the  public  treasury.  Provided 
sJways,  that  the  smount  so  advanced  shall  remain  a  covmty 
Aaatge,  sad  shall  be  assessed  in  accordance  with  the  provisions 


28  BAILR0AD8.  [AFPSKDa 

of  this   Chapter^   and   when  collected  shall   be   repaid  with 
interest  into  the  Provincial  Treasury, 
oomm^ontn        ^^'     ^he   Commissioners   or   contractors   may  enter  with 
to  depoitt  ioiL    workmen,  carts,  carriages   and   horses,   upon  any  lands,  and 
deposit  thereon  soil,  earth,  gravel,  trees,  bushes,  logs,  polei, 
brushwood  or  other  material  found  on  the  line  of  railwav,  or 
works  connected  therewith,  or  for  the  purpose  of  digging  up, 
quarrying  and  carrying  away  earth,    stones,  gravel,  or  other 
material,  and  cutting  down  and  carrying   away  trees,  bushes, 
logs,  poles  and  brushwood  therefrom  for   the  making  and  re- 
CommtMionert,  pairing  of  such  railway.     Before   entering   for  the  purposes 
^^^mostn^fy  Q^QQtiioned  in  this  section,  the  commissioners  or  contractors  or 
the  land,  Ac.      j-j^^  other  persons  acting  under  them  or  either  of  them,  shall 
notify   the   proprietors  or   possessors  of  the  lands,  and  shall 
carry  out  such  purposes  with  as  little  injury  as  possible  con- 
sistently with  those  objects. 
cteMtraction  of      13.     Jt  shall  be  lawful  for  the  commissioners  to  make  or 
*c.,  over  landa,  construct  in,    upon,   across,  under  or  over  any  land,  streets, 
hills,  vallies,   roads,   railroads   or   tramroads,   canals,  rivers, 
brooks,   streams,   lakes  or   other  waters,  such  temporary  or 
permanent  inclined  planes,  embankments,  cuttings,  aqueducts, 
bridges,  roads,  ways,  passages,  conduits,  drains,  piers,  arches 
or  other  works  as  they  may  think  proper. 
Alteration  of  14.     Thcv  may  alter  the  course  of  any  river,  canal,  brook, 

oonrseeof  ^  •'•'  .  tiii 

•treamt,«co.      Stream   or  water  course,    and   may   divert   or    alter  as  y^eii 

temporarily   as   permanently  the  course  of  any    such  rivers, 

streams  of  water,  roads,  streets  or  ways,  or  raise   or  sink  the 

level  of  the  same  in  order  to  carry  them  over  or  under,  on  the 

level  of,    or  by  the  side  of,  the  railway,  as  they  may  think 

proper. 

DrainiL&c.,  16.     They  shall   have   power  to  make  conduits  or  drains 

to^OTftonTraii'  into,  through  or  under  any  lands  adjoining  the  railway,  for  the 

^*y*'  purpose  of  conveying  water  from  or  to  the  railway. 

Value  of  mate-       16.     In  all  cases  under  the  twelfth  section  for  entries  upon 

oertaineSr  **  lands  and  materials  taken  whether  before  or  after  the  pasang 

of  this  Chapter,  the  recompense  for  the  injury  to  the  land,  the 

value  of  the  earth,    stones  and  gravel,  and  the  trees,  timber, 

brush  and  other  materials  dug,  cut  down  or   taken  away  for 

railway  purposes,  and  for  other  damages  to  the  proprietors  or 

possessors,  shall  be  referred  to  the  determination  of  three  arhi- 

o/XrtuJatori.   ^^^^^^8,  One  to  be  chosen  by  the  proprietor  or  possessor,  one 

by  the  commissioners  or  contractors  or  persons  acting  under 

them  or  either  of  them,  and  the  third  on  the  part  of  the  coud^ 

by  some  Justice  of  the  Peace  residing  as  near  the  premises  U 

can  conveniently  be  obtained   to  act  and  not  interested  in  mj 

question  of  damages  ;  and  in  case  of  the  absence  or  neglect  ate 

due  notice  of  either  party  the  arbitrators  on  that  part  sliall  l» 


A.]  RAILROADS.  29 

named  by  some  Justice  of  the  Peace  disinterested  as  aforesaid^ 
residing  as  near  the  premises  as  conveniently  can  be  obtained. 
Two  of  the  said  arbitrators  may  make  an  awards  and  the  award 
shall  be  in  writing,  signed  by  the  arbitrators  making  it.  The 
arbitrators  shall  be  entitled  to  a  fee  of  one  dollar,  which  shall 
be  added  to  the  damages  and  paid  in  the  first  instance  by  the 
commissioners,  contractors,  or  persons  acting  under  them. 

17.  The  damages  awarded  shall  be  paid  within  one  months  Damafei,  Ac, 
with  interest  thereafter,  by  the  commissioners  or  contractors, 

or  other  party  acting  under  them  as  aforesaid,  as  the  case  may 
be ;  either  party,  including  the  arbitrator  appointed  on  behafr  Appe*i. 
of  the  county,  or  any  Justice  of  the  Peace  on  behalf  of  the 
coimty,  may  appeal  to  the  Supreme  Court  according  to  the  pro- 
visions of  section  fifty-two. 

18.  If  appeal  shall  not  be  asserted  in  twenty  days  after  the  Damage^  how 
award,  the  sum  awarded  may  be  sued  for  and  recovered,  as  debts  ' 
of  like  amount  are  now  by  law  recoverable. 

19.  The  damages  paid  under  the  three  last  sections  shall  be  Damages 
chargeable  on  the  county  where  the  property  lies,  and  shall  be  wun?^*^'*  **** 
assessed,  levied,  collected  and  paid  to  the  commissioners  or  con- 
tractors pursuant  to  the  provisions  of  this  Chapter. 

20.  Any  party  in  whose  favor  an  award   shall  have  been  ^^^y  may  con- 
made,  or  shall  hereafter  be   made,   under   provisions  of  this  against  county. 
Chapter,  in  respect  of  damages  for  materials  taken  for  railway 
purposes,  may  elect  to  consider  such  award  as  an  award  against 

the  county. 

21.  Upon  such  award  being  filed  with  the  County  Treasurer,  when  award 
with  such  election  endorsed  in  writing  thereon  and  signed  by  fydiU^*  ***""' 
the  party  in  whose  favor  the  same  shall  have  been  made,  the 

same  shall  become  a  county  charge  in  the  same  manner  as  if 
it  had  been  first  paid  by  the  contractor,  under  the  provisions  of 
this  Chapter. 

22.  Before  any  party  other  than  the  commissioners  and  con-  Persons  other 
tractors  immediately  under  them  shall  be   at  liberty  to  enter  tors^  ^Ac.'^'^nst 
upon  private  lands  under  the  twelfth  section,  they  shall  be  wuh^writtlnaa^ 
obliged  to  furnish  the  owner  or  possessor  thereof,  or  leave  at  ^o'^^J^* 

his  residence,  a  written  authority  from  such  commissioners  or 
contractors  authorizing  such  entry  ;  and  thenceforth  the  owner  «^ 
ahally  at  his  option,  be  entitled  to  consider  any  act  to  be  done,  ^eid  uabU, 
and  any  liability  to  be  incurred  by  the  party  so  authorized  as 
the  act  of  the  party  himself,  or  of  the  person  or  persons  whose 
authority  is  so  given. 

28.     Nothing  contained  in  this  Chapter  shall  authorize  the  Frait  or  oma- 
commissioners  or  contractors  to  cut  down  and  carry  away  any  Mcepted?** 
froit  tfees,  or  trees  planted  or  preserved  for  ornament. 

94u     The  moneys  payable  for  such  lands  and  fencing  shall  if Sd*to  SlJm '**' 
fifmacoinitjrcharge^  but  in  the  apportionment  of  the  assessment,  ^^^^  ^^^' 


L:5 


90  BAILR0AD8.  [APPENDIX 

the  sessions  sliall  have  respect  to  the  relative  benefits  derived 
from  the  railway  by  the  several  sections  of  the  county,  and  shall 
apportion  the  assessment  accordingly. 
Jarj— how  44.     On  the  first  Tuesday  of  June  in  every  year,  or  at  sudi 

drawn.  other  time  and  times  as  shall  be  fixed  by  a  Judge  of  the  Supreme 

Court,  between  the  hours  of  ten  o'clock  in  the  forenoon  aad 
twelve  o'clock  at  noon,  the  Prothonotary   of  every   coonty  in 
which  a  railway  is  being  constructed,  shall,  in  his  office,  in  the 
presence  of  the  Clerk  of  the  Peace,  who  is  hereby  required  to 
be  present,  and  in  the  presence  of  any  other  persons  who  ma? 
desire  to  attend,  draw  from  the  grand  jury  box  the  names  of 
twenty-eight  persons  then  resident  within  the  county,  liable  and 
able  to  serve  as  grand  jurors  for  the  then  current  year,  in  the 
same  manner  as  special  jurors  are  now  drawn— «  notice  of  suck 
time  to  be  posted  up  by  the  Clerk  of  the  Peace,  in  at  least  three 
of  the  most  public  places  near  where  such  railroad   damtges 
have  been  sustained  at  least  ten  days  before  the  drawing  of  such 
jury. 
Striking  of  ^5.     The  Clerk  of  the  Peace  on  the  one  side  and  the  claim- 

-Jonr.  ants  for  damages  on  the  other  shall  reduce  such  list  to  four- 

teen by  each  striking  off  a  name  alternately  as  special  juiors 
are  struck. 
Where  same  46.     Where  the  same  person  shall  fill  the  office  of  Prothono- 

SffiSIT  5?p*ro.   tary  and  Clerk  of  the  Peace,  and  no  person  shall  have  been 
^erkoVpetMe.    appointed  for  the  purpose  by  a  general  or  special  sessions,  who 
are  hereby  authorized  to  make  such  appointment,  the  Gustos 
shall  attend  and  act  onbehalf  of  the  county  instead  of  theCIerk 
of  the  Peace,  and  in  the  absence  of  the  Gustos,  or  in  case  the 
Clerk  of  the  Peace  and  Custos,  or  either  of  them  be  claimants 
for  damages,  and  no  person  be  appointed  by  the  sessions  as  be- 
fore mentioned,  or  if  the  person  appointed  do  not  attend,  then 
any  disinterested  magistrate  may  act  for  the  county. 
Ueu  to  be  fbr-       47.     The  Board  of  Railway  Commissioners  shall,  previously 
wftj'^^miii**^"  to  the  striking  of  the  jury,  furnish  the  Prothonotary  with  a  list 
•ioDcre.  of  ^j^g  namcs  of  the  several  claimants  for  damages  through  whose 

lands  the  railway  passes,  according  to  the  engineer's  return  to 
the  Board,  together  with  the  quantities  of  laud  in  each  case 
dedicated  to  the  public,  and  also  with  a  list  of  the  names  of 
those  who  shall  have  sustained  damages  by  reason  of  the  nil- 
way  having  deprived  them  of  access  to  their  property,  whether 
on  land  or  water,  or  having  destroyed  or  impaired  any  use,  etiB- 
ment  or  privilege  which  they  had  enjoyed  in  relation  thereto:  snd 
such  commissioners  shall  also  furnish  the  Prothonotary  with 
plans  distinctly  exhibiting  the  premises  of  the  claimants,  vidi 
^^  the  line  of  the  railway  as  it  affects  the  same  respectively.    K 

garding  the        the  parties  present  who  are  interested  as  claimants  agne  190B 
•^inff  of  the   gj^y  person  to  strike  for  them,  the  Prothonotary  shall  amuiialhl 


A.]  ^  RAILROADS.  81 

&ct  in  writings  and  such  person  shall  act  in  that  behalf :  if  the 
claimants  cannot  agree  upon  any  person,  or  if  no  claimants 
attend,  or  if  no  one  attend  to  strike  on  behalf  of  the  county^ 
the  Prothonotary  shall  strike  for  the  absent  party  in  the  same 
way  as  special  jurors  are  struck.  If  no  qualified  person  appear 
to  strike  on  either  side,  the  first  fourteen  names  drawn  shall  be 
the  jnry  to  be  summoned. 

48.  The  Prothonotary  shall  thereupon  forthwith  issue  and  v«ii»». 
deliver  to  the  SherifiT  a  venire  as  in  schedule  A,  directing  the 
Sheriff  to  summon  such  jury  to  appear  at  a  time  and  place,  to 

be  therein  named  not  more  than  sixteen  days  distant.  And 
the  Sheriff  shall  duly  warn  such  jurors,  and  both  he  and  the 
Prothonotary  shall  attend  on  the  return  day  of  such  venire.  . 

49.  The  first  seven  jurors  who  shall  answer  upon  being  Proeeedingt  of 
drawn  and  called  as. petit  jurors  aie  drawn  and  called  shall  be  ^^^*^^^***^- 
sworn  by  the  Prothonotary  according  to  the  form  of  oath  in 
Schedule  B ;  and  a  panel  of  their  names  shall  be  prepared 

by  the  Prothonotary,  and  by  him  attached  to  the  venire,  and  he 
shall  hand  such  venire  to  the  Sheriff,  who  shall  with  such  jury 
proceed  to  the  execution  of  their  duty  forthwith,  or  on  a  day 
to  be  then  named,  and  whereof  the  jury  shall  be  duly  notified ; 
and  if  the  number  of  such  jurors  at  any  time  be  reduced  by 
death,  inability  from  illness,  or  other  cause,  or  through  neglect 
or  refusal,  the  remaining  jurors  shall  proceed  as  if  no  such  re- 
doction  had  taken  place,  provided  the  whole  number  be  not  re- 
duced below  five.     The  jury  shall  examine  the  premises  in 
each  case,  and  shall  value  the  land  taken  and  dedicated  for  the 
nilway,    and   shall   estimate    the   damages   to   the   property 
and  investigate  each   separate   claim   for   damages    according 
to  the  circumstances,  and  form  their  judgment  of  such  damages^ 
w  well  prospective  as  present,  including  loss  for  delay  of  pay- 
ment ;  and  also  shall  consider  the  relative  benefit  as  well  as 
injury  done  to  the  property  by  the  construction  of  the  railway ; 
and  the  jury  or  in  case  of  disagreement  after  four  hours'  de-  j>\Mgn«meuu 
liberation,  a  majority  whether  of  the  full  or  reduced  jury  shall 
Hiake  an  appraisement  in  writing,  signed  by  such  jurors,  set- 
ting forth  the  amount  of  damages  awarded  to  each  claimant, 
and  particularizing  the  nature  and  grounds  of  such  damages,  and 
die  property  or  right  in  respect  of  which  they  accrued  ;  and' 
tlie  Sheriff  shall  within  thirty  days  next  after  the  swearing  in  Retuma  or 
of  the  jury  file  the  venire  and  panel  with  the  appraisement  ^^^^^' 
gnd  his  return  with  the  Clerk  of  the  Peace.     If  the  jurors  be  ^^^^JJJ^'JK*^ 
'  tednced  below  five  before  the  appraisements  are  completed,  teiow  flw. 
tSie   appraisements  duly   made    previously  thereto   shall   be 
letaniea  to  the  Clerk  of  the  Peace,  and  the  Sheriff  shall  forth- 
^%idi  aummon  so  many  of  the  jurors  drawn  and  struck^  but  not 
'  it  fixat  awora^  w  shall  be  required  to  fill  up  such  jory  to  the 


3S  KAILROADS.  [APFBHDIX 

requisite  number ;  and  such  replenished  jury^  or  a  majority  of 
them,  or  in  case  of  their  reduction  to  a  nupber  not  less  than 
fiye  by  the  causes  hereinbefore  mentioned,  a  majority  of  sack 
reduced  jury  shall  proceed  to  make  the  remaining  apprdae- 
mentSy  and  the  Sheriff  shall  have   power   to  adjourn  or  re- 
summon the  jury  fiom   time   to   time,   as  occasion  may  re- 
quire. 
Jury  to  have  50.     For  the  purposo  of  securing  a  feir   and  impartial  if- 

pen,  plans,  ike.  praisemont,  the  Sheriff  and  jury  shall  hare  free  access  to  idl 
public  oiEces,  and  to  the  papers,  plans  and  returns  theron; 
and  the  Railway  Commissioners,  engineers  and  officers,  if  re- 
quired by  either  party,  and  any  other  persons  if  subpoeoeed, 
shall  attend  and  give  evidence  as  witnesses,  under  oath,  if  re- 
quired by  any  party  interested,  and  shall  also  produce  allpUni^ 
papers  and  documents  under  their  control  touching  the  matters 
at  issue. 
Fee*.  51.     The  Prothonotary  and  Clerk  of  the  Peace,  or  pentm 

acting  for  the  county,  shall  be  entitled  to  a  fee  of  four  dollin 
each  for  their  services ;  the   Sheriff  shall   be   entitled  to  four 
dollars  per  day  ;  and  the  jurors  sworn  shall  be  entitled  eack 
to  the  sum  of  three  dollars  for  every  day's  actual  attendanoe, 
in  full  payment  for  their  services ;  the  jurors  not  sworn,  bat 
who  were   summoned  and  attended,  shall  be  entitled  to  ods 
dollar  for  such  attendance,  and  to  travelling   fees   as  now  al- 
lowed to  petit  jurors  :  and.  the  Sheriff  shall   be  entitled  to  a 
further  sum  of  four  dollars  for  warning  such  jury,  which  fees 
shall  be  assessed,  levied,  and  collected,   and    paid  as  ordioazj 
county  charges.     Every  person   summoned    as   a  joror,  and 
making  default   in   the  performance  of  any  of  the  duties  re- 
faoi  *of  Jury.  ^    quired  of  him,  shall  forfeit  the  sum  of  eighty  dollars  for  each 
default,  to  be  immediately  levied  under  a  warrant  from  the 
Prothonotary,  directed  to  the  Sheriff. 
Appeal  to  tu-  62.     Within  thirty  days  after  the  retiun  of  any  appraise- 

procwding*  in.  mcut,  the  Custos  or  Clerk  of  the  Peace,  on  behalf  of  the 
County  or  any  party  interested  who  may  deem  himself  ag- 
grieved, may  apply  by  affidavit  to  the  Supreme  Court,  or  a 
Judge  thereof,  for  a  summons  and  order  to  set  the  proceedingi 
aside  in  whole  or  in  part,  or  to  alter  the   valuation,  whiA 
summons  shall  be  served  upon  the  opposite  party  in  the  man- 
ner specified  therein ;  but  such  proceedings  shall  not  be  aet 
aside  upon  any  mere  technical  objection ;  and  the  Court  or  a 
Judge  shall  have  power  upon  satisfactory  proof  adduced  hf 
affidavit  or  viva  voce  examination  of  the  parties  and  those  in* 
terested,  to  confirm,  increase  or  reduce  the  damages,  or  othtf- 
wise  rectify  the  finding  of  the  jury  in  substance  or  form;  of 
if  such  Court  or  Judge  shall  see  fit,  a  jury  shall  be  empanndkdH 
try  the  disputed  matters  of  fact  with  reference  to  such  dia^ 


A  ]  RAILROADS.  33 

iges ;  and  in  case  the  damages  complained  of  shall  either  be 
reduced  in  case  of  proceedings  by  the  county  or  increased  in 
:ase  of  procee^iings  by  the  claimant  to  the  extent  of  one-sixth^ 
costs  shall  be  recovered  by  the  county  or  party  applying,  but 
not  otherwise ;  and  the  county  shall  pay  the  cost  of  such 
proceedings  if  the  damages  be  not  so  reduced,  to  be  added  to 
the  damages  ;  and  the  party  shall  pay  the  cost  of  such  pro- 
ceedings if  the  damages  be  not  so  increased,  to  be  deducted 
From  the  amount  of  his  claim  for  damages ;  the  Court  or 
Fudge  shall  mak«  a  final  order  touching  the  damages  and  costs, 
of  which  a  certified  copy  shall  forthwith  be  transmitted  by  the 
Prothonotary  to  the  Clerk  of  the  Peace,  and  by  which  the 
court  of  sessions  shall  be  governed  in  the  amount  of  dam- 
ages and  costs  to  be  assessed  and  collected.  The  jury  con-  J^ry  under  thi« 
templated  imder  this  section  is  and  shall  be  the  ordinary  petit 
jury  of  the  Supreme  Court  or  a  special  jury  when  specially 
ordered ;  and  the  trials  shall  take  place  before  the  Court  or  at  Trial. 
sittings  in  the  ordinary  manner  of  trials.     Damages   under  gesun^c   **"* 


er  ap- 


appraisements  against  which  no  appeal  has  been  asserted,  or  Ee*i!2eJJ^  '^ 
which  have  been  determined  after  appeal,  shall  be  assessed,  collected  and 
collected,  levied,  raised  and  paid  as  soon  as  possible,  and  with- 
out any  needless  delay  m  any  pretence  whatever. 

53.  The  amount  appraised  upon  each  county   shall    be  PaymeDtor 
pajrable  in  two  years  by  equal  annual  instalments,  the  first  JSi«Su*^ 
in^alment  to  be  paid  in  one  year  after  such  appraisement  with 
interest  at  six  per  cent,  per  annum  for  any  delay  after  that 
period,  and  the  other  instalment  to  be  paid  in  the  ensuing  year 

with  like  interest  for  delay  of  payment. 

54.  After  the  e^cpiiation  of  the  notice  the  Custos  of  the  Certificate  of 
county  shall  deliver  to  each  party  in  the  form  in  Schedule  »pp''^*«™^"*« 
Cj  n  certificate  showing  the  amount  to  which  such  party  is 
entitled  under  such  appraisement ;  and  such  certificate  shall 

be  mgaed  by  the  Custos  and  countersigned  by  the  Clerk  of 
the  Peace,  and  shall  be  payable  to  order,  and  be  transferable  by 
cndofaeiBent,  and  shall  authorize  the  party  entitled  to  receive 
dw  amount  of  such  appraisement  together  with  interest  for 
anj  delay  of  payment  after  the  instalment  becomes  due  when 
Ae  tame  becomes  payable,  and  which  shall  be  a  charge  upon 
the  county  for  all  the  moneys  payable  thereunder  until  fully 
j$0^«rged. 

-S5«  The  damages  appraised  and  established  under  this  Damage*-- how 
dwDtar,  and  costs  where  costs  shall  be  payable,  shall  be  ap-  couected. 
portioned  by  the  sessions  without  any  delay  amongst  the 
(brnfttdnpa,  districts  and  places  in  each  county  and  district,  in 
jpqgjbattion  to  the  relative  benefits  which  in  die  opinion  of  the 
^fijUL  an. likely  to  be  derived  by  the  several  sections  from  the 
rfmSnf'  i  ttid  the  proportion  of  each  township,  district  and 

a 


34  BAILROADS.  [APPENDIX 

place  shall  be  assessed  upon  their  inhabitants^  and  shall  be 
levied^  collected  and  paid  over  upon  the  same  principle  as 
county  rates  are  or  shcdl  be  by  law  levied^  collected  and  pud 
over,  provided  that  every  tenant  of  real  estate  for  any  term 
less  than  freehold  who  shall  pay  rate  under  this  Chapter  shiD 
be  entitled  to  deduct  from  the  rent  payable  by  hun  to  hii 
landlord,  or  otherwise  to  recover  from  the  owner  of  the  estite 
so  much  of  the  rate  paid  by  him  as  was  imposed  upon  him  in 
respect  of  such  real  estate. 
dei«***to*  make      ^^*     ^  ^^^  scssions  shall  ncglcct  or  delay  to  make  any  inch 
apportionmebt   apportionment,  or  to  cause  any  of  the  moneys  to  be  assessed^ 
^yamerM.      Collected  and  paid  over,  which  according  to  this  Chapter  tliejr 
ought  to  cause  to  be  assessed,  collected  and  paid  over,  it  ihiU 
be  lawful  for  the  Supreme  Court  or  a  Judge,  upon  i^plkatioD 
by  any  party  interested,  forthwith  to  amerce  the  coim^  finrdie 
amounts  for  which  the  sessions  ought  to  have  made  apportkn* 
ment  as  aforesaid,  together  with  the  costs  of  proceeding  before 
the  Supreme  Court  or  a  Judge ;  such  amercement  to  he  up- 
portioned  and  assessed  by  the  Court  or  Judge  upon  the  towi* 
ship,  district  and  place  in  each  county  on  the  principle  pointed 
out  in  the  preceding  section,  and  the  Court  or  Judge  may  I^ 
ceive  evidence  thereon  by  affidavit  or  otherwise,  and  the  tmtf 
amerced  shall  be  levied,  collected  and  paid  over  in  a  niamier 
analogous  to  that  in  which  county  rates  are  levied,  coUectedaod 
paid  over. 
Amercement  57.     The  Prothonotarv  shall  furnish  the  Clerk  of  thePeecc 

with  a  copy  ot  such  amercement  and  apportionment  rormwim 
after  the  same  shall  be  made  by  the  court  or  a  Judge ;  and  the 
Clerk  of  the  Peace  within  fifteen  days  after  the  receipt  thereof 
shall  make  out  and  deliver  to  the  collectors  the  necessary  rolli 
and  instructions,  and  the  collectors  for  each  township,  distiict 
and  place,  shall  thereupon  proceed  to  collect  the  amocmtof 
such  amercement.     The  Clerks  of  the  Peace,  Assessors,  Cd- 
i^Jto?S?Ac.r^'    lectors,  County  Treasurers  and  all  other  officers  whose  agency 
pro^sioM^of'"*  now  is  or  by  any  law  might  be  required  to  carry  out  the  a^ 
ihia  chapter.      scssmcnt,  coUection  and  payment  of  county  rates,  are  hereby 
required  and  shall  be"  bound  to  carry  out  the  provisions  of  thii 
Chapter  according  to  its  true  intent ;  and  in  case  of  neglect  or 
violation  of  duty  shall  be  liable  to  the  like  penalties  as  are 
now  or  as  may  be  hereafter  by  law  imposed  for  neglect  or  fi>' 
lation  of  analogous  duties,  touching  the  assessment,  collection 
and  payment  of  county  rates,  and  also  to  an  action  fwr  dsft" 
ages  at  the  suit  of  any  party  aggrieved. 
CompeniaUon        58.     All  officers  employed  imder  the  sessions,  SupiWi* 
&c.  '      Court  or  a  Judge,  in  assessing,  collecting  and  levying,  nhiD  te 

compensated  for  their  services  under  this  Chafer,  at  9tA 
rate  as  the  sessions  shall  award ;  and  such  compenMtkm  Am  j 
be  a  county  cW%«, 


A.]  BAILROAD6.  S5 

59.     The  treasurers  of  the  counties  shall   forthwith  pay  ^^'^^'^ 
oTer  all  moneys  received  by  them  under  this  Chapter,  to  the  Treamrer. 
Provincial  Treasurer,  who  shall  pay  to  the  parties  respectively  the 
amounts  to  which  they  are  legally  entitled  ;  and  if  the  sums  in  oMe  amount 
paid  in  shall  not  meet  the  claims  in   full,  the  sessions  shall  SuSlLiu^'^^^ 
assess  and  cause  to  be  collected  and  paid  to  the  Treasurer  the 
deficiency ;  and  in  their  default  the  Supreme  Court  or  a  Judge 
thall  amerce  for  the  same,  and  cause  it  to  be  collected  and  paid 
in  agreeably  to  the  several  provisions  of  this  Chapter  applicable 
to  assessments  by  the  sessions,  an4  amercements  by  the  Supreme 
Court  or  a  Judge. 

68.     No  proceeding  had  or  taken  under  any  of  the  clauses  Amendment  or 
of  this  Chapter  shall  be  set  aside  on  any  formal  or  technical  ^  ^' 

ground  or  in  consequence  of  such  proceedings  not  being  in 
accordance  with  the  strict  letter  of  this^Chapter>  but  such  pro- 
ceedings may  be  commenced  anew,  renewed  or  amended  in 
any  stage  thereof  on  application  to  the  Supreme  Court  or  a 
Judge,  and  when  so  commenced,  renewed  or  amended  shall  be  as 
legal*  valid  and  binding  on  all  parties  concerned  as  if  no  such 
formal  or  technical  objection  had  existed  thereto,  or  as  if  no 
such  new  or  amended  proceedings  had  been  had. 

68.  The  cost  of  fencing  necessary  in  the  construction  of  Oort  of  ftnoing. 
the  railway  shall  be  levied  from  the  respective  counties  within 
which  the  railway  is  or  should  be  constructed,  at  the  rate  of 
two  hundred  dollars  per  mile  of  railway  within  each  county^ 
and  shall  be  appordoued  by  the  sessions,  subject  to  amerce- 
ment by  the  Supreme  Court,  and  shall  be  collected  and  paid 
aver  to  the  Provincial  Treasurer,  in  the  manner  directed  by  this 
Chapter  in  the  case  of  railway  damages.  No  county  wherein 
this  Chapter  shall  be  carried  out  bona  fide  shall  be  required  to 
masess  in  any  one  year  for  damages  to  lands  and  costs  of  fenc- 
ing. The  costs  of  fencing  shall  be  payable  in  two  years,  one 
lulf  in  each  year,  and  the  first  half  thereof  shall  be  imposed  and 
collected  in  the  year  next  following  that  in  which  the  last  in- 
italment  for  land  damages  shall  have  been  imposed,  or  in  which 
h  e  same  imder  the  provisions  of  this  Chapter  should  have  been 
impoaed. 

64.     The  court  of  sessions  shall  require  the   treasurers  and  Bond*  from 
collectors  to  give  sufficient  bonds  in  the  name  of  Her  Majesty,  **'••■'*"'■»  **^- 
conditioned  for  the  £uthful  discharge  of  their  duties. 

86.     If  any  person  shall  wilfully  obstruct  any  person  acting  obttmetion  of 
under  the  authority  of  the  Commissioners  in  the  lawful  exercise  JSirold-pSi- 
of  thrir  power  in  setting  out  the  Une  of  the  railway,  or  shall  »'^y  ^^^  *«• 
poll  up  or  remove  any  poles,  pegs,  or  stakes  driven  into  the 
gnrand  finr  the  purpose  of  so  setting  out  the  line  of  the  rail- 
*j09jp  or  alall  de&ce  or  destroy  any  pegs  or  marks  put  down  or 

'   jBht  die  tame  purpose,  or  shdl  wilfully  obstruct  any  of  the 


S6  RAILROADS.  [APPENDIX 

contractors  or  their  servants  or  workmen  while  employed  in  the 
construction  of  the  railway,  he  shall  forfeit  a  sum  not  exceed- 
ing twenty  dollars  for  every  such  offence. 
Impeding  offi-         67.     If  any  person  shall   wilfully  obstruct  or  impede  any 
uon  of  duty;      officer,  servant  or  agent  of  the   Commissioners  in  the  execn- 
tretpftM,fcc.      ^^^  of  his  duties  upon  the  railway,  or  upon  or  in  any  of  the 
stations  or  other  works  or  premises  connected  therewitl^,  or  if 
any  person  bhall  wilfully  trespass  upon  the  railway  or  aoy  of 
the  stations  or  other  works  or  premises  connected  therewith, 
and  shall  refuse  to  quit  the  same  upon  request  to  him  made 
by  any  officer,  servant  or  agent  of  the  Commissioners,  or  shall 
wilfully  disturb,  break  down,  injure  or  destroy  any  of  the  fences 
of  the  railway,  or  remove  the  same  or  any  part  thereof,  or  shall 
blot  out  or  deface  any  regulations  put  upon  the  line,  or  pull 
Injury  to  teneet  down  or  injure  the    boards  upon  which  such  regulations  are 
^°    ^  ^^'    affixed — eveiy  such  person  so  offending,  and  all  others  aiding 
or  assisting  therein,  shall  severally  forfeit  a  sum  not  exceeding 
one  hundred  dollars  for  every  such  offence. 
p»»««— i>«n»i»j      68.     If  any  person  shall  omit  to  shut  and  fasten  any  gate 
open.  set  up  at  either  side  of  the  railway   for  the  accommodation  of 

the  owners  or  occupiers  of  the  adjoining  lands  as  soon  as  he  and 
the  carriage,  cattle  or  other  animals  under  his  care  have  passed 
through  the  same,  he  shall  forfeit  for  every  such  offence  a  sum 
not  exceeding  eight  dollars. 
Driving,  A«.,  69.     If  any  person,  after  the  railroad  or  any  section  thereof 

road— pcMUy     shall  be  opened  for  use,  shall  himself  go  thereon,  or  shall  ride, 
'°''  drive   or   lead  any  animal  thereon,  he  shall  for  every  such 

offence  forfeit  a  sum  not  exceeding  eight  dollars  ;  but  nothing 
in  this  regulation  shall  prevent  the  passing  across  the  raihoad 
where  the  same  is  crossed  by  any  other  road  on  a  level  there- 
with. 
Animals  stray-  70.  If  any  animal  shall  be  found  going  at  large  within  the 
pe?iahy,^'c.  '  h^^its  of  the  railroad,  or  any  section  thereof,  after  the  same 
shall  be  opened  for  use,  the  owner  thereof  and  the  person 
through  whose  fault  or  neglect  the  same  shall  occur,  shall  for 
every  such  offence  severally  forfeit  a  sum  not  exceeding  eight 
dollars ;  provided  the  railroad  shall  have  on  the  sides  thereof 
where  it  shall  not  cross  some  other  road  on  the  same  level,  t 
fence  approved  of  by  the  Commissioners. 

i??l5ii'a«"&r^       '^^'     If  any  person  shall  travel  or  attempt  to  travel  in  any 
reftiMii  to  pay'  *  Carriage  belonging  to  the  railroad,  without  havinc:  previously 

fare— penalty  •  j  i^     /•  i       •  i     •    .  .  •  i  -i°    *^    ^  ii 

for.  '      paid  his  tare,  and  with  intent  to  avoid  payment  thereof;  or  u 

any  person  having  paid  his  fare  for  a  certain  distance,  know- 
ingly and  wilfully  proceed  in  any  such  carriage  beyond  woA 
distance  without  pre\iously  paying  the  addinonal  fare  fiwr  Ak. 
additional  distance,  and  with  intent  to  avoid  payment  thamii 
or  if  any  person  knowingly  and  wilfully  refuse   or  negfacl;  tt 


A.]  RAILROADS.  S^ 

arriving  at  the  point  to  which  he  has  paid  his  fere  to  quit  such 
carriage ;  or  if  any  person  while  in  such  carriage  shall  offend 
or  annoy  the  other  passengers  therein  by  riotous  conduct  or  by 
indecent  or  profane  language,  or  shall  disobey  the  lawful 
directions  of  the  guard,  or  shall  persist  in  smoking  after  a  re- 
quest from  the  guard  or  from  any  other  passenger  to  desist 
therefrom— every  such  person  shall  for  every  such  offence  for- 
feit a  sum  not  exceeding  twenty  dollars. 

72.  If  any  person  be  discovered  either  in  or  after  commit-  Detantioii  of 
ting  or  attempting  to  commit  any  such  offence  as  in  the  pre-  whom, 
ceding  section  mentioned,  all  officers  and  servants  of  the 
Commissioners  and  such  other  persons  as  they  may  call  to  their 
aid,  and  all  constables,  gaolers  and  peace  officers,  may  lawfully 
apprehend  and  detain  such  person  until  he  can  conveniently  be 
taken  before  some  justice,  or  until  he  can  be  otherwise  dis- 
charges! in  due  course  of  law. 

78.     If  any  person  shall  send  by  the  railway  any  aquafor-  ^lUf^^a*'*'*^ 
tis,  oil  of  vitriol,  gunpowder,  lucifer  matches,  or  other  goods  p^Ss ;  penalty 
of  a  dangerous  character,   without  distinctly  marking   their  Uiem. 
nature  on  the  outside  of  the  package  containing  the  same  or 
otherwise  giving  notice  to  the  book-keeper  or  other  servant  of 
the  commissioners  with  whom  the  same  are  left  at  the  time  of 
so  sending,  he  shall  forfeit  for  every  such  offence  a  sum  not 
exceeding  eighty  dollars. 

74.  If  any  person  shall  wrongfully  open  or  break  open  Mode  of  proce- 

/•  1  1        !•  /        •!  1     11  •-.  dure  •gaJntt 

any  gate  or  fence  along  the  bne  oi  railway,  or  shall  commit  parties  for  tre«- 

any  trespass  upon  the  lands  appropriated  for  railway  purposes,  pJrty°S  railway 

or  upon   any  of  the   machinery,  goods,   chattels,   firewood,  a*P*>^«n*« 

sleepers  or  other  property,  real  or  personal,  belonging  to  the 

railway  department,  he  shall  be  liable  to  be  proceeded  against 

in  a  summary  way,  in  the  name  of  her  Majesty  the  Queen ; 

and  upon  summons  and  conviction  before  one  or  more  justices  Penalty, ae. 

of  the  peace,  or  a  Judge  of  the  Supreme  Court,  according  to 

the  amount  of  damages  claimed,  he  may  in   cases  before  a 

Judge  of  the  Supreme  Court  in  addition  to  every  actual  damage 

proven  be  fined  or  imprisoned,  or  both,  as  the  Judge   may 

Older. 

75.  When  any  person  shall  be  guilty  of  stealing  any  per-  5Sre*a2aim?** 
•onal  property  belonging  to  the  railway  department,  or  of  partiei  for 
liudicionsly  injuring  the  same,  the  title  of  such  property  may  iicieusly  injur- 
fee  laid  in  the  Queen,  and  the  party  stealing  or  injuring  the  department!^ ^^ 
.anme  may  be  proceeded  against  and  punished,  as  in  cases 

wbeM  such  property  is    laid   and  proved  to   be   that  of   a 
prirtta  indindudl,  and  where  the  value  of  the  property  stolen  Where  Taine  la 
ordmuiged  is  laid  at  a  value  of  two  hundred  dollars  or  under,  drtddoiiara. 
die  pv^  charged  may  upon  a  summary  information  be  ar- 
~  end  tned  by  a  Judge  of  the  Supreme  Court  without 


SB  BiUBOADS.  [aFPEHBII 

a  jury ;  but  such  Judge  shall  on  application  of  the  paty 
charged  order  a  trial  by  indictment  and  jury,  and  the  pu^ 
convicted  may  be  fined  or  imprisoned,  or  both,  as  such  Judge 
may  order  and  determine. 

Prooeediogt  to        76.     In  all  proceedings  under  this  Chapter,  and  in  all  cirO 

^e  qTMcaT  ^  proceedings  touching  real  or  personal  property »  purchased  far 
or  belonging  to  the  railway  department,  the  proceedings  mqr 
be  in  the  name  of  and  the  property  described  as  belonging  to 
Her  Majesty  the  Queen. 

Toiu~bow  77.     It  shall  be  lawful  for  the  Commissioners  to  make  md 

levy  such  tolls  as  in  their  opinion  shall  be  best  adapted  £)r  die 
accommodation  of  the  traffic,  and  to  alter  and  vary  die  auae 
from  time  to  time  as  they  may  see  fit ;  provided  that  all  fodi 
tolls  be  at  all  times  charged  equally  to  all  persons,  and  aftv 
the  same  rate,  whether  per  ton,  per  mile,  or  otherwise  in  le* 
spect  of  all  passengers,  and  of  all  goods  or  carriages  of  tbestfie 
description,  and  conveyed  or  propelled  by  a  like  carriage  or 
engine  passing  only  over  the  same  portion  of  the  Hne  of  nil- 
way  under  the  same  circumstances. 

Toiu-bow  Md      78.     The  tolls  shall  be  paid  to  such  persons  and  at  ndi 
J  w  om  pal  .  p|2^^«^  ^^^  ^  ^^^j^  manner  and  under  such  r^piladons  as  Ae 

Commissioners  shall  appoint 
toiS^  *»  P»y  79.  If  on  demand  any  person  fidl  to  pay  the  tolls  due  ia 
respect  of  any  carriage  or  goods,  it  shall  be  lawful  for  the  Coal* 
missioners  to  detain  and  sell  such  carriage,  or  all  or  any  ptft 
of  such  goods ;  or  if  the  same  shall  have  been  removed  from 
the  premises  of  the  railway,  to  detain  and  sell  any  other 
carriages  or  goods  within  such  premises  belonging  to  thepart^ 
liable  to  pay  such  tolls ;  and  out  of  the  money  arisiiig  fit>m 
such  sale  to  retain  the  tolls  payable  as  aforesaid,  andalldiarges 
and  expenses  of  such  detention  and  sale,  rendering  the  overplay 
if  any,  to  the  person  entitled  thereto  ;  or  it  shall  be  lawful  for 
the  Commissioners  to  recover  any  such  tolls  by  actiosi  ft 
law. 
Avoidinf  the  80.     If  any  person  being  the  owner  at  having  the  care  of 

inf  ^TOmit'^rc.  ^^7  carriage  or  goods  passing  or  being  upon  the  railway,  «bD 
penalty  to?r^*'  ou  demand  fail  to  give  to  any  person  appointed  to  collect  fl» 
tolls  a  true  and  correct  account  in  writing,  signed  by  him,  d 
the  number  and  quantity  of  goods  conveyed  by  any  sock 
carriage,  and  of  the  point  on  the  railway  from  which  sock 
carriage  or  goods  have  set  out,  or  are  about  to  set  out,  and  it 
what  point  the  same  are  to  be  unloaded  or  taken  o£f  the  nahraf ; 
and  if  the  goods  conveyed  by  any  such  carriage,  or  brought  fe 
conveyance  as  aforesaid,  be  Uable  to  payment  of  different  tah 
shall  fail  to  specify  the  respective  quantities  or  numbers  iiifK^ 
of  liable  to  each  or  any  such  tolls,  with  intent  to  Kwcid  m  ^ 
case  the  pajrment  thereof,  he  shall  fi)r  every  such  oi 


[a.  lUlLROAUS.  S9 

and  pay  to  the  Commissioners  a  sum  not  exceeding  forty 
dollars  for  erery  ton  of  goods  or  for  any  parcel  not  exceeding 
one  hundred  weight,  and  so  in  proportion  for  any  quantity  of 
goods  less  than  one  ton,  or  for  any  parcel  exceeding  one 
hundred  weight,  as  the  case  may  be,  which  shall  be  upon  any 
«ach  carriage  ;  and  such  penalty  shall  be  in  addition  to  the  toll 
to  which  such  goods  may  be  liable. 

8 1.  If  any  passenger  shall  wilfully  cut  the  lining,  or  remove  ^^^*^*f^  \ 
or  damage  any  part  of  the  carriages,  or  shall  get  into  or  get  ^^       '   ^ 
off  of  any  train  when  in  motion,  or  at  any  o&er  place  than 

the  passengers'  platforms,  or  attempt  to  do  so,  every  such  per- 
son shall  for  every  such  offence  forfeit  and  pay  a  sum  not 
exceeding  eight  dollars. 

82.  Passengers  at  the  road  stations  will  only  be  booked  PMMDcen^ 
conditionally,  that  is  to  say,  in  case  there  shall  be  room  in  the  Sjl*  ^  ^^^* 
train  ior  which  they  are  booked.     If  there  shall  not  be  room 

for  all  so  booked,  the  passengers  for  the  longer  distance  will 
be  allowed  the  preference,  and  for  the  same  distance  they  will 
have  priority  according  to  the  numbers  of  their  tickets, 

8S.     The  owners  of  goods  and  property  of  every  descrip-  CommiMionwj 
lion  conveyed  by  the  railway,  liable  to  injury  jfrom  the  weather  for  gooSi  in- 
or  from  smoke,  sparks  or  fire,  shall  be  responsible  for  their  mdioiyaffreed 
proper  protection,  unless  under  a  special  bargain,  with  the  ^'* 
commissioners. 

84.  [f  any  person  shall  load  any  carriage  on  the  railway,  OTerioading 
so  that  the  loading  extends  more  than  two  feet  beyond  the  ^£^SSfol]£u^e- 
flange  of  the  wheels,  or  shall  leave  any  carriage  or  goods  or  ^^^j"^^' 
tikuigs  under  his  charge  to  remain  on  the  railway,  or  in  any  of 

the  depots  or  sidings  thereof,  to  an  obstruction  of  the  working 
of  the  railway,  every  such  person  for  every  such  offence  shall 
forfeit  and  pay  a  sum  not  exceeding  eight  dollars. 

85.  If  any  person  convicted  under  any  of  the  preceeding  Penens  oodtIc 
sections,  from  65  to  84  both  inclusive,  shall  not  pay  the  judg-  ^in^r^oM 
ment  and  costs,  and  no  goods  can  be  found  whereon  to  levy  JJ^SjIt'&'SK' 
the  same,  such  person  may  be  imprisoned  in  the  common  jail  prt>oD«d. 

of  the  county  for  a  term  not  exceeding  one  day  for  every  one 
doOar  of  the  amount  of  the  judgment,  provided  such  term 
sliaQ  not  exceed  three  months. 

87.  In  any  county  where  there  may  be  more  than  one  SddikiiDto**** 
Coatoa  or  Clerk  of  the  Peace,  any  one  or  either  of  the  Cus-  SJjjJ"*^^"^ 
todes  or  Clerks  of  the  Peace,  respectively,  may  and  shall, 
widmi  their  respective  districts,  have  under  the  provisions  of 
Alt  Chi^ter  all  the  authority  and  powers  conferred  by  this 
Chiller  on  the  Custos  and  Clerk  of  the  Peace  of  any  county, 
ndi  aiuli  and  may  execute  and  perform  the  duties  hereinbe- 
fin  imposed  on  the  said  officers  respectively ;  and  the  acts 
by  them,  or  either  of  them,  under  the  authority 


40 


RAILHOADS. 


[appendk 


Ezceptionr* 


Proviso. 


aforesaid,  shall  be  as  binding,  and  have  the  same  effect  as  if 
the  said  officers  were  styled  the  Gustos  and   Clerk  of  the 
Peace,  respectively,  for  such  county. 
Intel pretatJoD.        88.     In  the  construction  of  this  Chapter  the  term  "com- 
missioners" shall  be  held  to  include  "  company,**  meaning^ 
thereby  any  company  incorporated  by  the  Legislature  of  Now 
Scotia  to  construct  railroads  within  the  Province  ;  except  whem 
such  construction  is  precluded  by  the  context,  or  would  be  in- 
consistent with  the  charter  or  act  of  incorporation  of  sucb 
company,  or  would  not  be  necessary  to  cany  out  the  provi- 
sions of  such  charter  or  act.     Similarly  the  words  "railway 
department"  shall  be  construed  to  include  "  company  :**  pro- 
vided that  nothing  herein  contained  shall  be  construed  to  con- 
flict with  the  British  North  America  Act  1867,  or  with  any 
statute  of  the  Dominion  of  Canada. 


SCHEDULE. 


To  wit : 

To  the  Sheriff  of . 

You  are  hereby  commanded  ta  summon  A.  B.,  &c.,  jurors^ 

duly  appointed  to  appear  at  on   the   day  of 

at o'clock,  then  and  there  to  qualify  themselves 

for  the  purpose  of  appraising  the  damages  sustained  by  cer- 
tain claimants  for  damages  in  respect  of  lands  taken  for  railway 
purposes,  and  in  respect  of  other  injuries  within  the  provisionp 
of  Chapter  70  of  the  Revised  Statutes,  Third  Series,  and  have 
you  then  and  there  this  writ. 

Issued  this day  of A.D.,  18 — . 

B. 

Juror^s  Oath, 

You  swear  that  you  will  truly  appraise  the  damages  sus- 
tained by  the  respective  proprietors  of  lands  taken  for  the 
track  of  railways  and  for  stations,   and    that    in  the  case  of 
claimants  for  damages  by  reason  of  the  line  of  railway  having 
deprived  them  of  access  to  their  lands,  or  having  destroyed  or 
impaired  any  easement  or  pri\  ilege  which  they  had  enjoyed  in 
relation  thereto,  you  will  truly  appraise  the  damage  so  sus- 
tained by  such  parties  respectively ;  and  you  do  swear  that  in 
every  case  you  will  faithfully  examine  the  premises,  and  will 
investigate  each  case  according  to  the  circumstances,  and  thit 
you  will  impartially  form  your  judgment  of  the  damages  0 
well  prospective  as  present,  including  loss  for  delay  of  pijf* 
ment ;  and  also  will  impartially  consider   and   estimate  Wt 


A.]  RAILKOADS.  41 

xeladve  benefit  as  well  as  injury  to  the  property  by  the  con- 
struction of  the  railway,  and  will  deduct  the  benefit  likely  to 
be  derived  by  the  claimants  from  the  railway  running  near  to 
their*  lands,  and  that  you  will  in  all  things  decide  according  to 
the  best  of  your  judgment  and  ability.     So  help  you  God. 

c. 

This  is  to  certify  that  A.  B  is  entitled  to  receive  the  sum  of 

0— — ,  which  on  the  day  of ,  18 — ,  was  ap- 

uraised  for  railway  damages  under  Chapter  Seventy  of  the 
Bevised  Statutes,  Third  Series,  payable  to  the  said  A.B.,  or  his 
order,  in  two  equal  annual  instalments  in  the  manner  following, 
that  is  to  say :  one  half  of  the  said  sum  on  or  before  the  expira- 
tion of  one  year  from  the  date  of  the  appraisement  as  above 
mentioned,  and  the  other  half  on  or  before  the  expiration  of 
two  years  from  that  date,  together  with  interest  on  each  in- 
ttalment  afler  the  time  of  payment  shall  have  elapsed. 

Given  under  my  hand  this day  of ,  A  D.,  18 — , 

E.  F.,  Clerk  of  the  Peace.      C.  D.  Custos  of  County  of 


A 


APPENDIX  B. 


Unrepealed  Legislation  of  the  Province  of 
Nova  Scotia  upon  matters  wholly  or  partially 
within  the  jurisdiction  of  the  Parliament  of 
Canada,  or  of  doubtful  jurisdiction. 


B.]  PENITENTIARY.  46 


I. 


Chapters  and  parts  of  Chapters  of  the  Third  Series  of 

the  Bevised  Statutes. 

CHAPTER   22. 

OF    THE    PENITENTIARY. 

8.  If  any  officer  on  being  dismissed  shall  not  quit  the  JJ**^dintti«Md**^ 
Penitentiary  and  give  up  possession  of  any  building  or  apart-  offlMw. 
ment  belonging  thereto  within  a  period  to  be  fixed  by  the 
Board  of  Works,  any  justice  of  the  peace  shall,  on  applica- 
tion of  the  Board,  by  warrant,  direct  the  Sheriff  to  remove 
such  person  out  of  the  Penitentiary,  or  any  building  or  apart- 
ment belonging  thereto,  in  like  manner  as  upon  a  writ  of 
habere  Jacias  possessionem, 

19.     Every  convict  or  person  who  shall  commit  any  offence  convicu,how 
mentioned  herein,  for  which  he  is  not  liable  to  be  summarily  i^^dence  Snti* 
convicted,  may  be  tried  before  the  Supreme  Court  at  Halifax  contcnu. 
or  in  the  county  in  which  he  shall  be  taken ;  and  in  case  of 
any  prosecution  for  any  such  offence,  a  copy  properly  attested  of 
the  order  of  commitment  to  prison  with  proof  that  the  per- 
son in  question  is  the  same  who  was  delivered  with  such  order, 
and  the  production  of  the  register  of  the  prison  shall  be  suffi- 
cient evidence  of  all  the  facts  entered  in  such  register  as  to 
such  convict,  without  the  production  of  any  other  proof  that 
such  convict  had  been  convicted  of  felony  and  legally  sen- 
tenced to  imprisonment  in  the  Penitentiary. 

21.     The  laws  for   protecting  justices  in  the  execution  of  protccUon  of 
their  office  shall  extend  to  the  Board  and  the  keepers  of  the  keepi*«I^ 
Penitentiary. 

2S.     All  actions  and  prosecutions  for  anything  done  in  pur-  Limitation  of 
snance  of  these  provisions  shall  be  laid  and  tried  in  the  county  *»ction<». 
where  the  act  was  committed,  and  shall  be  commenced  with- 
in six  months  thereafter. 

28.     Any  person  convicted  of  felony  under   these  provi-  impri«onment 
siona  shall  be  liable  to  imprisonment  in  the  Penitentiary  for  a  ^^  ^^   ' 
term  not  more  than  fourteen  years  nor  less  than  one  year,  as 
the  court  shall  award. 

SOXB^— Th«  rtmslndar  of  tbii  Chapter  repealed  by  Section  1  of  Chapter  76  of  the 
... '  OMtdftjUflSr-^^  Penitentiary  Act  of  188S<-and  by  Chapter  SO,  Canada, 


46 


8ABLB  IBLAMI) 


[apfkhdu 


OHAFTEB  28. 

OF    SABLE^     SAINT     PAUT..     AND    8CATTARIB    ISLANDS,   AND   OP 

UGHT  HOUSES. 


Ilcabera  of 


3.  Every  member  of  the  board,  and  also  their  supeiin- 
tendent  and  resident  keeper,  shall  have  in  every  respect  upon 
Sable  Island  and  Saint  Paul's  Island,  and  in  relation  to  wiecb 
!^ei^'ju«t!oe>y  or  wrecked  goods  there  and  elsewhere,  the  same  power  and 
authority  as  a  justice  of  the  peace. 

5.  In  all  proceedings  in  any  court.  Sable  Island  shall  be 
held  within  the  County  of  Hali&x,  and  Saint  Paul's  Island  widiin 
the  County  of  Victoria ;  and  any  person  charged  with  com- 
mitting any  criminal  offence  committed  thereon,  or  on  the  shores^ 
banks  or  bars  thereof,  may  be  proceeded  against  and  tried  as  if 
the  Islands  were  actually  within  the  body  of  such  counties 
respectively. 


8»bl<  ImIkoA 
within  Halifax 
county. 


at.  Paul»«,  Vic- 
toria  connty. 


Note.— SecUont  1,2  and  4  repealed  by  Section  11  of  Chapter  M  of  tha  StitalH  of 
Canada  for  1868.    Section  6  obeoleti. 


CHAPTER  28. 


OF    NAVAL   PROPBRTY. 


I'roporty  held 
for  the  naval 
service  to  be 
vontM  In  lord 
hiflffa  admiral 
or  com  mission* 
pr«  fur  time 


1.  All  messuages^  lands^  tenements^  and  hereditaments, 
erections,  buildings  and  property  whatever,  which  have  been 
conveyed  to  or  are  vested  in  any  person  or  persons,  or  are  held 
or  in  any  manner  occupied  by  or  in  the  name  of  any  person  or 
persons  in  trust  for  Her  Majesty  or  her  royal  predecessors,  and 
her  or  their  heirs  or  successors  for  the  use  of  the  naval  service 
of  the  United  Kingdom,  or  of  any  of  the  departments  of  or  be- 
longing to  the  said  naval  service  by  whatever  mode  of  coii- 
veyance,  or  by  whatever  title  or  for  whatever  estate  or  intend 
therein,  the  same  shall  have  been  conveyed  or  be  vested,  hM 
or  occupied^  together  with  the  rights^  members,  easeineiiti  M 
appurtenances  to  the  same  respectively  belonging,  shall  Imtuii 


B.]  NAVAL  PROPEETT.  4T 

become  and  remain  and  continue  vested  in  the  Lord  High 
Admiral  of  the  said  United  Kingdom,  or  the  Commissioners 
for  executing  the  office  of  Lord  High  Admiral  aforesaid  for 
the  time  being,  according  to  the  respectinfj  nature  and  quality 
of  the  said  messuages,  lands,  tenements  and  hereditaments,  and 
the  several  estates  and  interests  of  and  in  the  same  respectively 
in  trust  for  Her  Majesty,  her  heirs  and  successors,  for  the  public 
service. 

2.  From  and  after  the  purchase  and  conveyance,  grant  or  ai»o  i^dj  •ui>. 
demise  thereof,  all  other  messuages,  lands,  tenements,  and  chtMd. 
hereditaments  which  shall  at  any  time  or  times  hereafter  be 
purchased,  taken,  held  or  occupied  by  the  Lord  High  Admiral 
or  the  Commissioners  for  executing  the  office  of  Lord  High 
Admiral  aforesaid  for  the  time  being,  or  by  any  person  or 
persons  by  his  or  their  order  for  the  naval  service  of  the  said 
United  Elingdom,  or  of  any  of  the  departments  of  or  belonging 
to  the  said  naval  service,  and  all  erections  and  buildings  which 
shall  then  or  may  be  thereafter  erected  or  built  thereon,  with 
the  rights,  members,  easements  and  appurtenances  to  the 
same  respectively  belonging,  shall  in  like  manner  be  and  be* 
come  and  remain  and  continue  vested  in  the  Lord  High 
Admiral  of  the  said  United  Kingdom,  or  the  Commissioners  for 
executing  the  office  of  Lord  High  Admiral  aforesaid  for  the 
time  being,  and  his  or  their  successors  in  the  said  office,  accord- 
ing to  the  respective  nature  and  quality  of  the  said  messuages, 
lands,  tenements  and  hereditaments,  and  the  several  estates 
and  interests  of  and  in  the  same  respectively,  in  trust  as  afore- 
said. 

S.     Upon  the  death,  resignation  or  removal  of  the  present  in  cMe  of  death 
Commissioners  for  executing  the  office  of  Lord  High  Admiral  be'mted in'  ^* 
of  the  United  Blingdom,  or  of  any  of  them,  or  of  any  future  "o^^^^^*^" 
such  Commissioners,  or  of  any  Lord  High  Admiral  of  the  said 
United  Kingdom,  all  such   messuages,  lands,  tenements  and 
hereditaments  respectively  shall  become  vested  in  and  be  held  by 
the  succeeding  commissioners  for  executing  the  office  of  Lord 
High  Admiral  aforesaid,  or  the  Lord  High  Admiral  aforesaid, 
OS  the  case  may  be,  and  so  in  perpetual  succession,  according 
to  the  respective  nature  and  quality  of  the  said  messuages,  lands, 
tenements   and   hereditaments,  and   the   several   estates   and 
interests  of  and  in  the  same  respectively,  in  trust  as  afore- 
said. 

4«     In  all  deeds,  conveyances,  leases,   contracts   and  other  TiUe«  of  eom- 
instnunents  touching  any  estate,  property,  matter,  or  thing  re-  b^Mu^ln'  ^ 
laling  to  the   naval  service   of  the  said  United  Elingdom,  ^««<^»*e' 
ir  to  any  department  under  the  control  of  the  Commissioners 
Ibr  ezecniting  the  office  of  Lord  High  Admiral  aforesaid,  or 
Nrlaeretd  they  or  any  of  them  shall  be  parties,  it  shall  be  suf- 


i?'« 


48  NAVAL  PBOPBBTT.  [APPENDIX 

ficient  to  describe  them  generally  by  the  style  and  tkle  of  '*'  the 
Commissioners  for  executing  the  office  of  Lord  High  Admiral 
of  the  United  Kingdom  of  Great  Britain  and  Ireland,*'  without 
expressing  their  names;  and  all  such  goods,  conveyances,  leases, 
contracts,  and  other  instruments,  wherein  the  said  CommissioD- 
ers  shall  be  so  described,  and  the  execution  or  signature  thereof 
by  any  two  of  them,  shall  be  as  valid  and  effectual  to  all  intents 
and  purposes  as  if  they  or  any  of  them  had  been  expressly 
named  therein  and  had  executed  or  signed  the  same. 

m?MioD«rt  *^a!c        ^'     ^^  shall  and  ma)'  be  lawful  for  the  Commissioners  for 
to  sell,  leaje,  **  executing  the  office  of  Lord  High  Admiral  aforesaid  for  the 
time  being,  or  any  two  or  more  of  them,  oi*  the   Lord  High 
Admiral  aforesaid,  to  sell,  exchange,  or  in  any  manner  dispose 
of  or  let,  or  demise  any  of  the  messuages,  lands,  tenements, 
and  hereditaments  respectively  which  shall  be  vested  in  them 
under  or  by  virtue  of  this  Chapter,  with  their  respective  ap- 
purtenances, either  by  public  auction  or  private  contract,  and 
in  due  form  of  law  to  convey,  surrender,  assign,  or  make  over 
or  to  grant  or  demise  the  same  respectively,  as  the  case  may 
require,  to  any  person  or  persons  who  shall  be  willing  to  purcliase 
or  take  the  same  respectively,  and  also  to  do  any  other  act, 
matter  or  thing  in  relation  to   any    such   messuages,  lands, 
tenements  and  hereditaments  which  they  or  he    shall  deem 
beneficial  for  the  public  service  in  relation  thereto  or  for  the 
better  management  thereof,  which  might  be  done  by  any  person 
or  persons  having  a  like  interest  in  any  such  messuages,  lands, 
tenements  or  hereditaments, 
commiisionore        6.     It  shall  be  lawful  for  the  said  Commissioners  for  exe- 
cute and  ^fend  cuting  the  officc  of  Lord  High  Admiral  aforesaid  for  the  time 
being,  or  the  Lord  High  Admiral  aforesaid  for  the  time  being, 
and  they  are  hereby  authorized  and  empowered  to  bring,  prose- 
cute, and  maintain  any  action,  suit,  or  other  proceeding  at  law 
or  in  equity,  for  recovering  possession  of  any  messuages,  lands, 
tenements,  or   hereditaments,  by  this  Chapter  vested  in  them 
or  him  as  aforesaid,  and  to  distrain  or  sue  for  any  arrears  of 
rent  which  shall  have    or   shall  become  due  for  or  in  respect 
thereof,  under  any  demise  from  the  said  Commissioners  or  Lord 
High  Admiral,  or  any  person  or  persons  on  their  or  his  be- 
half, or  on  behalf  of  Her  Majesty,  and  also  to  bring,  prosecute, 
or  maintain  or  to  defend  any  other  action  or  suit  in  respect  of 
•     or  in  relation  to  the  said  messuages,  lands,  tenements  or  here- 
ditaments, or  any  tresspass  or  encroachment  committed  thereoOf 
or  damage  or  injury  thereto  ;  and  that  in  every  such  action  or 
suit  the  said  Commissioners  shall  be  called  "  the  CommissuiQM 
for  executing  the  office  of  Lord  High  Admiral  of  Great  BdSk 
and  Ireland,"   without  naming  them;  and  no  such  adgnOi^'. 
abalc^oS delSh,  ^uit  shall  abate,  by  the  death,  resignation  or  removal  of  Mff! 


B.]  MILITARY  TELEGRAPH.  49 

Commissioners,  or  any  of  them,  or  of  such  Lord  High 
Admiral,  any  law,  custom,  or  usage  to  the  contrary  notwith- 
standing :  and  the  said  Commissioners  or  Lord  High  Admiral 
Bhall  be  entitled  to  recover  costs  for  and  on  behalf  of  Her  ^VZJ^S^ie  to 
Majesty  where  judgment  shall  be  given  for  the  Crown,  and  psy  cmu. 
Bhsdl  be  liable  to  pay  costs  where  judgment  shall  be  given 
against  the  Crown,  in  any  such  action,  suit,  or  other  proceeding 
in  like  manner,  and  subject  to  the  same  rules  and  provisions  as 
though  such  action,  suit,  or  other  proceeding  had  been  had 
between  subject  and  subject. 


OHAPTEE  32. 

OP    AN   ELECTRIC   TELPX3RAPH   POR   MILITARY   PURPOSES. 

1.     It  shall  be  lawful  for  Her  Majesty  the  Queen,  or  any  Bnndinc  of  ium 
officer  duly  authorized  by  her,  to  cause  to  be  built  and  estab-  buScSiSI* 
lished  a  line  of  electric  telegraph,  to  commence  in  the  City  of 
Halifax  and  extend  thence  through  and  along  the  Province  of 
If  ova  Scotia  till  it  shall  reach  the  boundary  line  dividing  the 
said  Province  from  the  Province  of  New  Brunswick. 

S.     Such  line  may  be  built  along  the  side  of  any  public  where  to  be 
iiighway,  street  or  railway,  either  above  ground  or  under,  pro-  ^****  * 
Tided  it  does  not  interfere  with  the  right  of  travelling  thereon 
or  the  posts  and  wires  of  the  Nova  Scotia  Electric  Telegraph 
Company. 

8.     All  powers,  advantages  and  facilities  provided  or  given  PriTiim  of  n. 
by  the  Act  to  incorporate  the  Nova  Scotia  Electric  Telegraph  ^m  to^Her*'*** 
Gompany,  and  all  acts  in  amendment  thereof,  and  all  privi-  ^tjeetj. 
leges  enjoyed  by  that  company  for  building  and  maintaining 
lines  of  electric  telegraph  in  the  Province  of  Nova  Scotia,  so 
far  as  the  same  are  or  may  be  applicable  or  required  for  build- 
ing  and  maintaining  a  line  from  Halifax  to  the  boundary  of 
New  Brunswick,  are  hereby  given  and  granted  to  Her  Majes- 
ty or  any  officer  duly  authorized  by  her  in  that  behalf,  and  all 
persons  acting  and  maintaining  said  line,  subject,  nevertheless, 
to  all  conditions  and  restrictions  imposed  upon  such  company. 

4.     All  remedies,  fines,  pains,  penalties,  and  forfeitures  pro-  aq  ftaee,  mdru 
prided  by  the  Act  for  incorporating  the  Nova  Scotia  Electric  proieetion  of 
Telqgr^ph  Company,  and  the  acts  in  amendment  thereof  passed  to  !!pj^'tyto^' 
or  to  be  passed  during  the  present  session  of  the  legislature,  ^** 
MtfA  eU  acti  pasted  for  the  protection  of  electric  telegraphs^  for 

4 


50 


NATURALIZATION  OF  ALIENS.  [APPENDIX 


To  be  used  for 
imperial  and 
military  par- 
poMt. 


injuring^  interrupting^  destroying,  obstructing  or  intermeddling 
with  the  telegraph  line  during  or  after  erection,  shall  vpflj 
and  may  be  enforced  in  the  name  of  Her  Mtyesty  by  informa- 
tion or  indictment  against  any  person  or  persons  injuring,  de- 
stroying, obstructing  or  intermeddling  with  the  Ime  h^bf 
authorized  to  be  constructed. 

5.  The  line  hereby  authorized  to  be  constructed  shall  be 
used  for  public  military  and  imperial  purposes,  and  £ar  no 
other  services  whatsoever. 


Aliens  may 
hold  and  con- 
vey real  estate. 

TiUes  not  in- 
valid. 


_lpro- 
Tiaioni   not  re- 


Foregoing 
Tiaioni  m 
trospective. 


OHAPTEE  34. 

OF  THE  FRIVILEOES  AND  NATURALIZATON   OF   ALIENS. 

1.  Aliens  may  take,  hold,  convey,  and  transmit  reil 
estate. 

2.  No  title  to  real  estate  shall  be  invalid  on  accoimk  of 
the  alienage  of  any  former  owner  or  holder  thereo£ 

S.  Nothing  in  this  Chapter  shall  have  the  effect  of  con- 
firming or  rendering  valid  the  title  or  claim  of  any  alien  invalid 
or  incapable  of  being  enforced  on  account  of  alienage,  on  the 
thirty-first  day  of  March  one  thousand  eight  hundred  and 
fifty-four. 

Note.— Sections  4, 6  and  6  repealed  by  Chapter  00  of  the  Acts  of  Oaoada  tor  19U, 
amended  by  C.  22  Canada,  1871. 


OHAPTEE  75. 
Part  the  First. 


OF    SHIPPING     AND    SEAMEN: 

As  amended  by  Chapter  1,  1865,  S.  13,   and   Chtqiter 
11,  1869. 

c\ei(n^wh^^'^      9.     The  master  of  any  vessel  registered  in  and  belonging  ^ 
caaeeneceMary,  this  Province,  trading  to  parts  out  of  the  Province,  shall  not 

their  form ,  con-        j.  r  i_  • 

tenta,  atteata-     Carry  to  sca,  as  oue  of  his  crew,  any  person,  apprentioef  €p- 

tJ0M,8cc.         cepted,  without  entering  into  an  agreement  in  writing  ivl0^ 

such  person,  specifying  what  wages  he  is  to  xeceif%  4VK 

capacity  in  which  he  is  to  act,  and  the  nature  of  the 


SHIPPING  AKD  SEAMEN.  51 

3nded.    The  agreement  shall  contain  the  date  when  made, 

I  shall  be  signed  by  the  master,  in  the  first  instance,  and 
each  person  shipped,  at  his  port  of  shipment : — it  shall  be 
the  form,  and  shall  contain,  as  far  as  possible,  the  par- 
ilars  in  the  schedule  hereto  annexed ;  and  a  copy,  attested 
the  signature  of  the  master,  shall,  on  reporting  the  arrival 
:he  vessel,  be  deposited  in  the  customs  there.  A  clause 
J  be  inserted  therein  providing  for  the  sale  of  the 
sel  during  the  voyage  intended,  and  for  the  discharge  of 

crew  in  the  event  of  such  sale ;  but  such  clause  must 
"A  the  amount  of  wages  to  be  paid  to  the  seamen  upon  such 

3. 

.0.    The  master  of  any  such  vessel  carrying  to  sea  any  mnw  tor  tup- 
h  person,  apprentices  excepted,  without  having  entered  SintrlSJ^tiiBt 
3  the  agreement  hereby  required,  shall  forffeit  twenty  ni^tJ*  action, 
lars  for  every  such  person ;  and  the  master  not  depositing 
dereby  required  a  true  copy  of  the  agreement,  shall  forfeit 
mij  dollars. 

l1.    The  entering  into  the  agreement  shall  not  deprive  any  Aruciei  not  to 
man  of  his  lien  on  the  vessel,  or  of  any  legal  remedy  for  iJJJ*fo  ■••*"•"'' 
recovery  of  his  wages  ;  no  agreement  made  contrary  to 
above  provisions,  and  no  clause  depriving  seamen  of  their 
it  to  wages  in  the  case  of  freight  earned,  by  a  vessel  subse- 
mHj  lost  shall  be  binding  on  the  seaman.    No  seaman 

II  be  obliged  to  produce  the  agreement,  or  a  copy  of  it,  to 
»port  his  claim  for  wages. 

.2.    If  a  seaman  having  signed  the  agreement  hereby  re-  Prooeadiogi 
red,  shall  not  join  his  vessel,  or  shall  refuse  to  proceed  to  Mamenr«ft»e 
in  her,  or  shall  absent  himself  therefrom  without  leave,  *^J°^°1^*?^ 
'justice  of  the  peace  near  the  place  shall,  upon  complamt  •igned. 
m  oath  made  by  the  master,  mate  or  owner,  by  his  warrant, 
ise'^such  seaman  to  be  apprehended  and  brought  before  liim ; 
1  if  such  seaman  shall  not  satisfy  the  justice  as  to  such 
;ilect,  refusal  or  absence,  the  justice  shall  upon  due  proof 
omit  such  seaman  to  jail,  there  to  be  kept  at  hard  labor 
a  period  not  exceeding  thirty  days ;  but  if  such  seaman 
31  consent  to  join  his  vessel  and  proceed  on  the  voyage, 
justice,  if  requested  by  the  master,  shall,  instead  of  com- 
^ting  such  seaman,  cause  him  to  be  conveyed  on  board  the 
sel  or  delivered  to  the  master,  and  shall  award  to  the  master 
costs  incurred  in  such  apprehension,  not  exceeding  the  sowtief  usbie 
Q  of  eight  dollars,  exclusive  of  jail  fees,  whicK  shall  bede-  for  advance  »nd 
sted  firom  the  wages  to  grow  due  to  such  seaman.  seamen  refiue 

.8*    If  any  seaman  having  received  an  advance  on  his  the^voyage.^'* 
j^ing,  and  signing  the  agreement,  and  for  whom  any  person 
if  have  become  surety  and  as  such  subscribed  the  a^tee- 
u!tf  flihall  not  proceed  on  the  voyage,  such  surety  shaU  re- 
f  tabh  adrance ;  and  if  the  master  or  owner  shall  be  com- 


52  SHIPPING   AND  SEAMEN.  [AFFElOni 

polled  to  procure  another  seaman,  and  thereby  incur  addition- 
al expense,  the  surety  shall  also  repay  the  same,  proTided  it 
do  not  exceed  half  the  sum  originally  advanced* 
fi?dM  by  rar*.  1^.  The  party  becoming  surety  shall  subscrilie  his  name 
how*^?2^rcd  ^  ^^  agreement  in  the  proper  coluipn  thereof,  opposite  to 
back  when  for-  the  name  of  the  seaman  for  whom  he  becomes  surety,  and 
such  signature  shall  render  him  liable  to  the  extent  aborc 
declared  ;  and  the  amount  shall  be  sued  for  as  debts  of  the 
like  amount  by  law  are  ;  and  on  production  of  the  agreement 
and  proof  of  the  execution  thereof  by  the  seaman  and  by  the 
surety,  and  of  the  refusal  of  the  seaman  to  proceed  to  sea, 
judgment  shall  bo  given  against  the  surety  for  tlie  advance 
paid  to  the  seaman,  and  for  the  additional  expense  to  the  ex- 
tent above  named,  together  with  costs,  as  allowed  by  law  in 
case  of  debts  of  the  like  amount. 
ForfeituTM  In-  15.  If  any  seaman  after  having  signed  the  agreement,  and 
men  for  JL  *^  during  thc  period  for  which  he  has  agreed  to  serve,  shall 
iS>?c^-*  m^I  without  leave  absent  himself  from  the  ship  or  from  his  duty, 
of  proof/  he  shall  in  cases  not  of  absolute  desertion,  or  not  treated  as 
such  by  the  master,  forfeit  out  of  his  wages  to  the  master  or 
owner  the.amount  of  two  days'  pay  for  every  twentj-fimr 
hours  absence,  and  in  like  proportion  for  a  less  period  of 
time,  or  at  the  option  of  the  master,  the  expenses  incurred  in 
hiring  a  substitute  to  perform  his  work ;  and  any  seanoan 
without  sufficient  cause  neglecting  to  perform  the  duty  re- 
quired by  the  person  in  command,  shall  be  subject  to  a  like 
forfeiture  for  every  such  offence,  and  for  every  twenty-fbor 
hours  continuance  thereof;  and  if  any  seaman  after  having 
signed  the  agreement,  or  after  the  ship's  arrival  at  her  port  of 
delivery,  and  before  the  discbarge  of  her  cargo,  shall  quit  the 
ship  without  a  discharge  or  leave  from  the  master,  he  shall 
forfeit  to  the  master  or  owner  one  month's  pay  out  of  his 
wages.  No  such  forfeitures  shall  be  incurred  unless  the  fact 
of  the  seaman's  absence  or  neglect,  and  the  time  or  duratioD 
thereof  be  entered  in  the  log  book ;  this  entry  the  owner  or 
master  shall  in  cases  of  dispute  be  obliged  to  substantiate  br 
evidence  of  the  mate,  or  other  credible  witness. 

Modeofoompu.  16.  Whcrc  thc  scamau  has  contracted  by  the  voyage  or 
^hlwtSST  by  the  run,  the  amount  of  forfeitures  shall  be  ascertained 
™o^4i.  *^  thus : — If  the  duration  of  the  voyage  shall  exceed  one  month, 
the  forfeiture  of  one  month's  pay  shall  be  considered  a  fix- 
feiture  of  a  sum  bearing  the  same  proportion  to  the  whob  *{ 
wages  as  a  month  bears  to  the  whole  time  spent  in  the  voyaiBi 
a  forfeiture  of  two  days'  pay  or  less  shall  be  considered  i 
forfeiture  of  the  sum  bearing  the  same  proportion  to  the  iriMb 
wages  as  that  period  bears  to  the  time  spent  in  the  vqysgBf  ^ 
the  whole  time  does  not  exceed  one  month  the  forfeitim  <f 
one  ^month's  pay  shall  be  considered  a  forfeiture  ctHm  t 


B.]  SHIPPING    AND    SEAMEN.  58 

whole  wages ;  if  such  time  does  not  exceed  two  days,  the 
forfeitare  of  two  days'  pay  shall  be  considered  a  forfeiture  of 
the  whole  wages.  The  master  shall  deduct  all  forfeitures 
[h>m  the  wages  of  the  seaman  incurring  the  came. 

17.  A  seaman  deserting  his  vessel  shall  forfeit  to  the  ^•^f*S^,. 
)wner  or  master  all  his  effects  remaining  on  board,  and  the  tton. 
irages  due  to  him ;  provided  the  circumstances  of  the   des- 
ertion be  at  the  time  entered  in  the  log  book,  certified  by  the 
dgnature  of  the  master  and  mate  or  other  credible  witness. 

rhe  absence  of  a  seaman  within  twenty  four  hours  immedi- 
itely  preceding  the  vessel's  sailing  without  leave  of  the 
oiaster,  or  at  any  time  under  circumstances  shewing  an  in- 
tention not  to  return,  shall  be  considered  an  absolute  deser- 
tion; and  if  such  desertion  shall  take  place  out  of  this 
Province,  and  the  master  shall  be  obliged  to  engage  a  substi- 
.ute  for  the  deserter  at  an  increased  rate  of  wages,  he  shall 
"ecover  from  such  deserter  the  excess  of  wages  paid  to '  such 
mbstitute  as  wages  are  hereby  made  recoverable. 

18.  If  any  seaman  or  apprentic3  is  imprisoned   on  the  I™prt«>n•d•ea- 
_     ^ ,  ,*'  .       .  -  y  t%        1     ^     ,   ,  .  men  may  be  ta- 

pround  of  his  having  neglected  or  refused  to  loui  or  to  pro-  ken  on  board  to 

»ed  to  sea  in  any  ship  in  which  he  is  engaged  to  serve,  or  of  ^"^^***  ^°^* 

laving  deserted  or  otherwise  absented  himself  therefrom  with- 

mt  leave,  or  of  his  having   committed  any  other  breach  of 

iiadpline,  and  if  during  such  imprisonment  and  before  his 

mgagement  is  at  an  end  his  services  are  required  on  board 

lia  ship,  any  justice  may  at  the  request  of  the  master  or  of 

he  owner  or  his  agent  cause  such  seaman  or  apprentice  to  be 

conveyed  on  board  his  said  ship  for  the  purpose  of  proceed- 

ng  on  the  voyage,  or  to  be  delivered  to  the  master  or  any 

nate  of  the  ship  or  to  the  owner  or  his  agent,  to  be  by  them 

10  conveyed,  notwithstanding  that  the  termination  of  the 

)eriod  for  which  he  was  sentenced  to  imprisonment  has  not 

ffriyed. 

19.  Any  person  harboring  or  secreting  a  seaman  who  Harborfngor 
ball  have  signed  the  agreement  hereby   required,  and  ab-  S^  hoV^pim- 
lented  himself  from  his  vessel  without  leave,  knowing  or  menVd?bt« 
laying  reason  to  suspect  him  to  be  so  absent,  shall  forfeit  J^^S^i^"**" 
bur  dollars.    No  debt  over  one  dollar  incurred  by  a  seaman 

ifter  signing  the  agreement  shall  be  recoverable  until  the 
Kmdiudon  of  the  voyage.  The  keeper  of  a  public  house  shall 
kOt  detain  any  effects  of  a  seaman  for  any  debt  contracted  by 
Im.  In  case  of  such  detention  any  justice  shall  on  con- 
lauit  on  oath  by  or  on  behalf  of  such  seaman  inquire  into 
he  matter,  and  he  may  by  warrant  cause  such  effects  to  be 
bliyered  to  such  seaman. 

SO.  The  master  or  owner  shall  pay  every  seaman  his  seamen't  wage* 
mgfiB  if  demanded  within  three  days  after  the  delivery  of  nM?enS>1e.^^^ 
be  caigo  or  tra  days  after  the  seaman's  discharge,  which- 


54  smppuro  and  seambh.  [AppKNDa 

ever  shall  first  happen.    The  seaman  on  his  discharge  shall 
be  entitled  to  receive  one-fourth  of  the  estimated  baknee 
due  to  him,  and  in  default  thereof  the  master  or  oimer  sludl 
forfeit  to  the  seaman  two  days'  pay  for  each  day  not  exceed- 
ing ten  days  that  such  payment  without  sufficient  cause  n 
withheld.    This  forfeiture  shall  be  recoverable  in  the  stme 
manner  as  seamen's  wages  ;  but  this  provision  shall  net 
apply  to  cases  where  the  seaman  by  the  agreement  is  piid 
by  a  share  in  the  profits  of  the  adventure. 
PftTmeniitowA.      21.    The  payment  of  wages  to  a  seaman  shall  be  valid  doI- 
wftibiu^dlnf ''^  withstanding  any  bill  of  sale  or  assignment  thereof  or  anj 
pnnioiu  Mstgn-  attachment  or  incumbrance  thereon.    No  assignment  or  ak 
of  wages  made  prior  to  the  earning  thereof,  and  no  poirer  of 
attorney  to  receive  wages  expressed  to  be  irrevocable  shell 
be  valid  or  binding  on  the  party  making  it. 
^^^«Dtit]ed      22.    A  seaman  shall  on  his  discharge  be  entitled  to t 
line  for  reftuiiig.  Certificate  signed  by  the  master,  of  his  period  of  service  and 
the  time  and  place  of  his  discharge ;  and  a  master  refturing 
such  certificate  without  reasonable  cause  shall  forfeit  twenty 
dollars. 

w"**7wbS»**'      23.    If  a  seaman  having  been  three  days  discharged  and 
•eamen  sbout     dcslring  to  proceed  again  to  sea,  shall  require  immediatepeT* 
loyiSe.**^  **°  *  ment  of  his  wages,  any  two  justices  on  his  application  aw 
proof  that  delay  would  hinder  him  of  employment,  ehell 
summon  the  master  or  owner  of  the  vessel  to  shew  cause  whj 
immediate  payment  should  not  be  made ;  and  if  cause  be  not 
shewn  they  shall  order  payment  fortliwith ;  and  in  default 
of  such  payment  the  master  or  owner  shall  forfeit  twenty 
dolliirs. 
^vajM  how  toi-      24.    When  the  wages  due  to  a  seaman  do  not  exceed 
der  eighty  do\-  eighty  doUars,  any  two  justiccs  in  the  neighborhood  on  com- 
^*''*'  plaint  upon  oath  by  or  on  behalf  of  such  seaman,  shall  sum- 

mon the  master  or  owner  to  appear  and  answer  such  complain^ 
and  on  his  appearance,  or  in  default  thereof  on  proof  of  his 
having  been  summoned,  the  justices  shall  on  the  oath  oi  the 
parties  and  their  witnesses,  examine  into  the  complaint  and 
order  payment  of  the  amoimt  due  ;  and  if  such  oider  be  not 
obeyed  within  two  days,  they  shall  issue  their  warrant  to  levy 
the  amount  awarded,  by  distress  and  sale  of  the  efiects  of  tte 
party  on  whom  such  order  was  made,  rendering  to  him  the 
overplus  if  any  after  deducting  the  expense  attending  Ae 
complaint  and  the  distress  and  levy  ;  and  if  sufficient  distms 
be  not  found,  they  shall  cause  such  wages  and  expenses  to  be 
levied  on  the  vessel ;  and  if  she  be  not  within  their  jni* 
diction,  they  shall  cause  the  party  on  whom  the  order  Wtt 
made  to  be  committed  to  jail,  there  to  remain  until  paymaBl 
of  the  amount  awarded,  and  all  costs  and  expenses,  lltf 
award  of  such  justices  shall  be  final  and  conclusivd* 


B.]  8H1FFXNG  AND  SBAICKN.  5S 

S5.    The  Btipendiaiy  magistrate  at  Halifax  and  any  ^ti-  ^4|^^JJ{^^^ 

Sidiaiy  magistrate  atPictou  shally  within  the  County  of  Hali-  have  jnriadie- 
,  and  the  limits  of  the  jurisdiction  of  the  commissioners  jt^cMT^ 
of  streets  for  Fictou,  respectiTely^  hare  and  exercise  the  same 
jurisdiction  as  is  conferred  by  this  Chapter  on  two  justices  of 
the  peace. 

26.  A  jury  shall  be  allowed  in  the  trial  of  causes  under  Jury  allowed 
this  Chapter,  according  to  the  provisions  of  the  Chapter  of  the 
Beyised  Statutes  '^  Of  the  Jurisdiction  of  Justices  of  the  Peace 

in  Ciyil  Cases ;"  except  that  the  application  therefor  may  be 
made  at  any  time  before  the  return  day  of  the  summons ;  {mto- 
▼ided  sufficient  time  shall  be  given  to  the  justices  to  issue  a 
yenire  and  have  such  jury  summoned. 

27.  If  a  suit  for  the  recovery  of  a  seaman's  wages  be  brought  Coiu  to  be  du- 
in  the  Court  of  Vice- Admiralty  or  any  couit  of  record  of  this  Tice  admiralty 
Province;  and  it  shall  appear  to  the  judge  that   the  plaintiff  mll^  b^'^o- 
might  have  had  as  effectual  a  remedy  by  complaint  to  justices  jSu^wf'^'* 
as  above  directed,  he  shall  certify  to  that  effect,  and  no  costs  of 

suit  shall  be  awarded  the  plaintiff. 

28.  The  master  of  every  such  vessel  shall  constantly  keep  M«dicinet  to  be 
on  board  a  sufficient  supply  of  medicines,  suitable  to  accidents  veS!ei«*I**  ^"^ 
and  diseases  arising  on  sea  voyages,  and  in  default  thereof  or  in 

ease  a  seaman  shall  sustain  injury  in  the  service  of  the  vessel, 
the  expense  of  the  surgical  and  medical  advice  and  attendance 
and  medicine  he  shall  require  until  he  is  cured  or  returns,  shall 
be  borne  by  the  owner  or  master  of  the  vessel  without  any  de- 
duction on  account  of  wages. 

29.  No  such  master  shall  discharge  any  of  his  crew  at  any  SS^brwldToiyy 
BritJah  port  out  of  this  Province  without  the  sanction  in  writ-  on  certiHeate. 
iiig  of  the  officer  appointed  in  that  behalf  or  of  the  principal 

officer  of  the  customs,  or  of  two  respectable  merchants  resident 
iheace ;  nor  at  any  foreign  port  without  the  sanction  in  writing 
of  Ae  British  minister,  consul  or  vice  consul  there  or  of  two 
respectable  resident  merchants ;  any  of  whom  may  make  ex- 
amination on  oath,  and  grant  or  refuse  a  certificate  of  such 
sanction  according  to  their  discretion. 

M.     No  such  master  shall  leave  at  any  place  abroad,  either  Orewa  not  to  be 
on  shore  or  at  sea,  any  of  his  crew  as  unfit  to  proceed  on  the  i^s  for'good^ 
tojraffe,  or  having  deserted  or  disappeared,  without  having  ob-  SSyd.  ^^^  **'" 
fBUtmi  a  certificate,  as  in  the  foregoing  section,  approving  diere- 
o(  if  there  be  any  such  persons  to  apply  to  for  that  purpose; 
ind  such  persons  may  make  examination  on  oath  and  grant  or 
vslfata  snch  certificate  according  to  their  discretion. 

81.     In  any  action  brought  for  violation  of  this  or  the  pre-  ip  case  of  ac- 

«•  ^'^iiii*  1.  T  **on  ^«  burden 

Mamg  sectums,  it  shall  be  mcumbent  on  the  master  to  prove  of  proof  aa  to 
hb  httnng  obtained  the  certificate  thereby  required,  or  prove  the  be  npon  the 
impiracticabai^  of  obtaining  such  certificate.  muii»t. 


56  SHIPPING  AND  BBAMSN.  [aPPEHDIS 

Entering  th«|  ^2.  Nothing  herein  shall  prevent  the  entry  of  any  person 
•hiTunofciM  belonging  to  any  merchant  ship  into  Her  Majesty's  naTil 
held  doMition.  ggj^^  .  g^cJ^   entry  shall  not  be  a  desertion,  and  shall  not 

incur  any  forfeiture  whatever;  no  clause  creating  a  penaltj 
or  a  foi*feiture  for  such  entry  shall  be  inserted  in  any  ship's 
articles. 
8eamra>i  ^jht  gg^  ^  seaman  received  into  such  service  from  a  merchant 
enteiSig^tSe  '^cssel  uot  having  committed  an  act  of  total  desertion,  treated 
naval  lOTTice.  as  such  by  thc  master,  shall  on  such  entry  receive  all  his  eflfeda 
from  such  vessel,  and  if  she  shall  have  earned  freight,  tho  pro- 
portionate amount  of  his  wages  from  the  master  up  to  luch 
entry,  in  money  or  a  bill  on  the  owner.  For  fidlore  to  deliTer 
such  effects  and  money  or  bill,  the  master  shall  forfeit  one 
hundred  dollars.  If  no  freight  has  been  then  earned,  the 
master  shall  give  to  the  seaman  a  bill  on  the  owner  fi>r  hii 
wages  thj^n  due,  payable  on  the  ship's  arrival  at  her 'destined 
port.  If  he  be  unable  to  ascertain  the  amount,  he  shall  gi?e 
to  the  seaman  a  certificate  of  his  period  of  service  and  the  nit 
of  his  wages,  and  shall  produce  to  the  officer  commanding  audi 
ship  of  war,  the  shipping  agreement.  On  such  delivery  of  the 
seaman's  effects  and  settlement  of  his  wages,  the  officer  com- 
manding shall  on  request  of  the  master  give  him  a  certificate 
imder  his  hand  endorsed  on  the  agreement  of  the  entry  of  die 
seaman  into  such  ship  of  war. 

I? rednw^pL.  34.  The  court  or  justices  before  whom  proceedings  are 
t!o^**oVaTiions  ^rought  for  recovery  of  penalties  hereby  imposed  may  make 
such  reduction  therein,  not  exceeding  one  half  of  the  original 
amount  as  they  think  fit.  All  such  proceedings  shall  be  com- 
menced within  two  years  after  the  offence ;  or  if  committed 
without  the  Province  within  six  months  after  the  return  thereto 
of  the  offender, 
coatung  vea-  35,     The  foregoing  sections  shall  not  extend   to  any  ship 

•cU  not  affected  ..  »        ^  1  /•i»t-»» 

by  thii  chapter,  trading  coastwisc  between  the  ports  of  this  Province  or  to 
any  regarded  as  coasting  vessels  by  any  law  of  this  Pro- 
vince. 

forr«d 'on  8h?p.       ^®*     "^^^  powcrs   and  authority  conferred  upon  shipjnng 
ning masters      masters  by  "The  Merchant  Shipping  Act,  1854,"  and  thc 

DT  merchant         j    ,.       .        ''       ,  1  •       .  ^11  j 

•hippinff  act  of  Qutics  imposcd  upon  shippmg  masters  by  the  act  twenty- two  and 
40  aetata  SnS*  ^  twenty-three  Victoria,  Chapter  forty,  for  the  establishment  of  a 
tended^uT^re^'  Tcserve  of  royal  naval  volunteers,  shaJl  extend  and  belong  to  thc 
l^nSuftS.  '  registrar  of  shipping  at  Halifax,  and  shall  be  exercised  and  per- 
formed by  him  according  to  the  circumstances  of  each  case,  aub- 
ject  to  the  approval  of  the  Governor. 

40.  Process  under  this  Chapter  shall  be  directed  to  d» 
Sheriff  or  his  deputy,  or  when  the  SherifiT  is  interested  to  lb 
Coroner. 


Bb]  SHIPPING  ▲ND  SEAMEN.  57 

Schedule  in  this  Chapter  re/erred  to. 

An  agreement  made  pursuant  to  Chapter  seventy-fiye^  of  an  ibim  or  agrees 
act  of  the  General  Assembly  of  Nova  Scotia,  passed  in  the  "•**• 
twenty-seventh  year  of  the  reign  of  Her  Majesty  Queen  Victoria, 
entitled  ''An  Act  for  revising  and  Consolidating^ the  General 

Statutes  of  Nova  Scotia,"  between ,  master  of  the  ship 

,  of  the  port  of ,  of  the  burthen  of tons, 

and  the  several  persons  whose  names  are  subscribed  hereto. 

It  is  agreed  by  and  on  the  part  of  the  said  persons,  and  they 
severally  hereby  engage  to  serve  on  board  the  said  ship  in  the 
several  capacities  against  their  respective  names  expressed,  on 

a  voyage  from  the  port  of  —  to ,   [here   the  in- 

tended  voyage  is  to  be  described  as  nearly  as  can  be  done, 
and  the  places  at  which  it  is  intended  the  ship  shall  touch, 
or  if  that  cannot  be  done,  the  nature  of  the  voyage  in  which 

she  is  to  be  employed,]  and  back  to  the  port  of ;  and 

the  said  crew  further  engage  to  conduct  themselves  in  an 
orderly,  fidthiul,  honest,  careful  and  sober  manner,  and  to  be  at 
all  times  diligent  in  their  respective  duties  and  stations,  and  to 
be  obedient  to  the  lawful  commands  of  the  master  in  every  thing 
relating  to  the  said  ship,  and  the  materials,  stores  and  cargo 
thereof,  whether  on  board  such  ship,  in  boats  or  on  shore. 
[Here  may  be  inserted  any  other  clause  which  the  parties 
may  think  proper  to  be  introduced  into  the  agreement,  prO' 
vided  that  the  same  be  not  contrary  to  and  inconsistent  with 
this  Chapter.]  In  consideration  of  which  services  to  be  duly, 
honestly,  carefrdly  and  faithfully  performed,  the  said  master 
doth  hereby  promise  and  agree  to  pay  the  said  crew,  by  way 
of  compensation  or  wages,  the  amount  against  their  names  re- 
spectively expressed.  In  witness  whereof,  the  said  parties  have 
hereto  subscribed  their  names  on  the  days  against  their  respect* 
iTe  signatures  mentioned. 


11 

1. 

1 

i 

1 

1 

; 

i 

s 

1 

5 
I 

1 

i 

i 

8  iBBlulTa  npi»l*d  br  Cb>pMr  IT,  C 
— "  An  Act  napectlDg  ti«  SUpptni  of  8i 


B.]  8HIPPINO  AND  BBAMElf.  59 

Part  the  Second. 

OF  THE  BE0I8TRT  OF   SHIPS. 

1.  The  Governor  in  Council  may  appoint  for  every  port  at  Ajppointmont  of 
which  they  deem  it  expedient  to  authorize  the  registry  of  ships,  '^■*'^" 

a  principal  officer  of  customs  and  of  navigation  laws^  who  shall 
be  the  registrar  for  all  the  purposes  contemplated  by  the  im- 
perial act,  entitled  "  The  Merchant  Shipping  Act,  1854,"  and 
the  imperial  act  or  acts  since  passed. 

2.  The  Governor  in  Council  may  appoint  at  every  such  ^J^^^ient  of 
port  and  at  any  other  port  or  ports  in  the  Province,  an  officer 

to  superintend  the  survey  and  admeasurement  of  ships  in  con- 
formity with  the  said  act,  and  the  same  person  may  be  appoint- 
ed both  the  registrar  and  surveyor  at  any  such  registry  port 

S*     Such  registrars  and  surveyors   shall  receive  for  their  saiariM  of  w 
services  in  addition  to  any  fees  by  law  allowed,  such  sums  as  rarreyon. 
may  be  annually  granted  by  the  Legislature. 

4.  Such  surveyor  shall  be  entitled  to  fees  for  the  measure-  Sorrtyort  feet, 
ment  of  every  vessel  about  to  be  registered  for  the  first  time, 
or  requiring  measurement  for  the  purposes  of  registry  ;  which 
fees  shall  be  paid  by  the  registered  owner  as  follows :  two 
dollars  for  vessels  imder  one  hundred  tons  ;  three  dollars  for 
vessels  from  one  hundred  to  two  hundred  tons ;  and  four 
dollars  for  vessels  over  two  hundred  tons  ;  ten  cents  per  mile 
Ibr  travelling  fees  going  and  returning. 

6.     So  much  of  the  Act  entitled  "  The  Merchant  Shipping  S2t^d»h»S!taS 
Act,  1854,"  as  is  inconsistent  with  this  Chapter,  is  hereby  re-  •JKJ^*"  "" 
pealed  as  to  ships  registered  in  this  Province* 

6.  In  the  event  of  the  certificate  of  registry  of  any  ship  New  certificate 
being  mislaid,  lost  or  destroyed,  the  registrar  of  the  proper  port  ''^^  sr«nted. 
•hall  grant  a  new  certificate,  as  the  case  may  require,  on  proof 

by  affidavit  of  the  original  certificate  having  been  mislaid,  lost 
or  destroyed. 

7.  Collectors  of  colonial  duties  shall  have  the  same  power  ^JS?^*"*  ^ 
to  endorse  from  time  to  time  on  the  certificate  of  registry  of  any  mAiten. 
ship  at  any  port  where  such  ship  may  be  any  change  of  master 

-which  takes  place  at  that  port,  as  are  given  to  registrars  of 
ddppmg  under  this  Chapter,  and  the  act  of  the  imperial  parlia- 
ment^ entitled  '^  The  Merchant  Shipping  Act,  1854,"  and  the 
imperial  acts  dince  passed. 


60 


PILOTAGE,  HABB0B8  ABD  HABBOB  KASTEBS.   [AFPEKDIZ 


0HAPTEE79. 


OF   PILOTAGE,  HARBORS   AND   HARBOR   MASTERS: 


Seadont  roMj 
appoint  harSor 
maater. 


Faea  how  deter* 
mined. 


Bridffoport  and 
SpanUn  River; 
appointment  of 
harbor  maater. 

Harbor  maator 
to  oontlnoe  in 
office,  how  loDg. 


Power  of 
•iona  relative  to 
anchorage,  ftc., 
mmklng  of  bye- 
lawB. 


Wharfkge, 
how  eatabUahed 
end  ooUeoted. 


Booya,*©. 


As  amended  by  Chapter  85, 1865,  and  Chapter  87, 1868. 

17.  The  sessions  upon  tlie  recommendation  of  the  grand 
jury  may  from  time  to  time  appoint  and  license  one  fit  and 
proper  person  to  be  harbor  mast^  for  any  harbor  within  any 
county  or  district  where  it  shall  be  judged  by  the  sessions  thifc 
the  services  of  such  officer  may  be  required,  and  shall  p»> 
scribe  the  duties  of  such  harbor  masters  and  the  limits  of  the 
harbors  over  which  their  authority  shall  extend. 

18.  The  sessions  shall  fix  and  determine  the  amount  of 
fees  to  be  paid  to  harbor  masters  by  vessels  entering  such 
harbors — provided  they  shall  not  exceed  the  fees  payable  at 
Sydney  under  schedule  B.  Vessels  engaged  in  the  coasting 
trade  and  in  fishing  shall  be  exempt  from  such  fees  ;  but  the 
sessions  shall  have  no  power  to  establish  fees  in  respect  of  anj 
navigable  river  which  forms  the  dividing  line  between  two 
counties. 

19.  The  Governor  in  Council  shall  appoint  for  each  of 
the  harbors  of  Bridgeport  and  Spanish  River,  in  the  Island  of 
Cape  Breton,  one  fit  person  to  be  harbor  master  thereo£ 

^0.  Harbor  masters  heretofore  appointed  shall  continue  in 
office  only  until  others  shall  be  appointed  in  their  place,  or 
until  they  shall  be  re-appointed  under  the  provisions  of  this 
Chapter. 

21.  The  sessions  shall  also  make  regulations  for  the  an- 
chorage of  vessels  and  establish  convenient  and  proper  places 
for  vessels  to  discharge  their  ballast  at,  and  may  make  agree- 
ments with  persons  for  erecting  wharves  and  other  conveniences 
for  such  vessels  to  discharge  their  ballast  upon,  and  may  make 
bye-laws  to  compel  vessels  to  discharge  their  ballast  upon  such 
wharves  or  at  such  other  places  as  they  may  appoint,  and  Soft 
allowing  masters  of  vessels  a  reasonable  time  for  disposing  of 
or  selling  such  ballast,  and  may  affix  penalties  not  exceeding 
forty  dollars  for  breach  of  any  regulation  or  bye-law. 

22.  The  rates  of  wharfage  to  be  paid  by  vessels  using  dn 
wharves  and  other  conveniences  mentioned  in  the  preceding 
section  shall  be  established  by  the  sessions  and  may  be  reooi^ 
ered  as  a  private  debt 

23.  The  general  or  any  special  sessions  shall  from  tiflM  li 
time  direct  as  maxi^  Wo*^^  «svd  other  marks  to  be  pknod  ■ 


B.]  PILOTAGE^  HARBOBS  AND  HABBOR  MASTERS.  61 

and  about  the  yarious  bays  and  harbors  in  their  respectire 
counties  as  to  them  may  appear  necessary  for  the  safety  of  the 
•hipping  and  the  convenient  navigation  of  those  haibors  re- 
ipectively^  and  shall  make  regulations  for  the  maintenance  of  BeguiftUom,*:. 
such  buoys  and  marks  as  well  as  of  any  buoys  and  marks 
heretofore  placed  or  erected  or  which  may  hereafter  be  erected, 
by  private  enterprise  or  at  the  public  expense,  and  may  au- 
thorize the  harbor  masters  to  carry  the  same  into  effect,  and 
may  affix  penalties  for  breach  of  any  such  regulations,  not  to  Penalties. 
exceed  twenty  dollars  for  any  one  offence. 

24.     The  sessions  may  appropriate  such  part  of  the  fees  BvLoy,ke„how 
collected  by  harbor  masters  as  they  see  fit  to  the  prociuing,  '•'***'^»    • 
placing,  erecting  and  keeping  in  repair  of  buoys  and  water 
marks  in  the  harbor  where  such  fees  are  collected. 

S5.     The  sessions  may  by  regulations  to  that  effect  author-  Finee. 
ize  the  imposition  of  fines  upon  harbor  masters  for  neglect  of 
duty,  not  to  exceed  eight  dollars  for  any  one  offence,  to  be 
sued  for  and  recovered  as  other  penalties  are. 

26.  The  sessions  shall  appropriate  out  of  the  district  funds  Funde,  how 
of  Saint  Mary's  and  out  of  die  license  funds  at  Antigonishe 

the  sums  necessary  for  the  purposes  of  the  twenty-third  sec- 
tion, which  shall  be  repaid  by  a  regular  rate  to  be  by  them 
established  firom  time  to  time  upon  the  different  vessels  coming 
into  the  respective  harbors  according  to  the  tonnage  thereof^ 
which  rates  shall  be  collected  by  the  harbor  master  and  paid 
over  to  the  District  Treasurer. 

27.  At  St.  Mary's  the  last  preceding  section  shall  not  apply  a"52.y?°  '* 
to  vessels  exempted  from  the  payment  of  harbor  dues. 

28.  It  shall  be  the  duty  of  the  harbor  masters  to  prosecute  ^"^'^gj*?'* 
all  persons  violating  the  regulations  or  bye-laws  of  their  re-  ^e. 
spective  harbors. 

29.  No  regulation  or  bye-law  to  be  made  by  the  sessions  Jf  ^^p^^v^  by 
under  this  Chapter  shall  be  in  force  until  approved  by  the  Gov-  governor. 
emor  in  Council. 

SO.     Any  person  feeling  aggrieved   by   any  regulation  or  Relief toparties 
bye-law  may  complain  thereof  on  affidavit  to  the  Supreme  ^^mUod  to 
Conrt  in  the  county,  and  the  Court  shall  inquire  into  the  com-  •«?'«»«  ^o"'*- 
phint,  and  if  it  appear  that  the  regulation  or  bye-law  is  contrary 
to  law  or  oppressive,   shall  annul  the  same,  and  the  sessions 
flhall  not  afterwards  make  any  regulation  or  bye-law  to  the  same 

81.     The  sessions  shall  from  time  to  time  appropriate  out  Antigomiheww 
of  the  district  funds  sufficient  sums  to  keep  in  repair  the  tow- 
path  of  the  harbor  of  Antigonishe. 

88.  At  any  general  or  special  sessions  of  the  peace  for  the  ^SS^iJl^*'' 
Towndiip  of  X  armouth,  regulations  may  be  made  to  allow  the  ^^\J^^'^ 
semoral  of  nnd.  ffravel,  or  stones  from  any  of  the  ahocoA  ox  mia,  ¥a.^^^ 


62 


PILOTAGE,  HABBOBS  AND  HABBOB  XASTEBS.    [APPBHDIX 


Harbor  masters 
to  ftirnisb  regu- 
lations. 


Harbor  maaUrs 
fees  regulated 
by  schMule  B. 


Halifax  except- 
ed, 


Appointment 
and  Jarlsdietion 
of  Harbor  mas- 
tor  of  Sydney. 


Vessels  not  to 
pay  at  North 
Hydney. 


beaches  round  the  harbors  of  Yarmouth,  Chebogue,  Cook's 
Harbor  or  Kelly's  Coye,  or  near  thereto,  within  that  Township, 
or  to  prevent  the  removal  of  sand,  gravel  or  stones  fixmi  the 
shores  or  beaches  of  the  said  harbors,  or  adjacent  thereto ;  and 
penalties  may  be  affixed  not  to  exceed  twenty  dollars  for  the 
breaking  of  such  regulations. 

33.  All  harbor  masters  shall  furnish  copies  of  the  r^uk- 
tions  made  by  the  sessions  by  virtue  of  the  twenty-first  sectioii 
to  the  licensed  pilots  of  the  harbor,  who  shall  give  a  capj 
thereof  to  the  master  or  commander  of  every  vessel  which  thejr 
shall  take  in  charge. 

35.  The  fees  to  be  taken  by  harbor  masters  shall  be  at  die 
rates  in  Schedule  B,  according  to  the  registered  tonnage  of  the 
vessels  entering  the  harbors,  but  vessels  bound  to  Big  and  little 
Glace  Bay,  Lingan,  Bridgeport,  Cow  Bay,  and  from  the  Bus 
d'Or  Lake  and  calling  at  Sydney,  but  not  discharging  baUiit 
in  Sydney  harbor,  shaJl  not  be  liable  to  pay  any  harbor  master'i 
fees  at  the  latter  place. 

3G.  The  County  of  Halifax  is  excepted  from  the  operation 
of  sections  seventeen,  eighteen,  twenty,  twenty-three,  twen^- 
four  and  twenty-five  of  this  Chapter. 

44.  The  Governor  in  Council  may  appoint  a  harbor  mas- 
ter for  Sydney,  in  the  County  of  Cape  Breton,  who  shaU  hare 
jurisdiction  within  the  following  limits,  that  is  to  say :  all  that 
portion  of  Sydney  harbor  lying  to  the  southeast  of  a  line 
drawn  firom  Point  Edward  to  Baley's  Point,  South  Bar,  to 
include  Muggah's  Creek,  and  to  extend  up  Spanish  River  to 
Gibbons'  Bridge. 

45.  Vessels  entering  the  port  of  North  Sydney,  but  in- 
tending to  load  at  the  port  of  Sydney,  shall  be  liable  for  har- 
bor dues  at  the  latter  port  only. 


SCHEDULE  B. 


HARBOR   MASTER  S    FEES. 


At  Sydney  and  Bridgeport 

For  vessels  not  exceeding  100  tons,  |^1  00 

For  vessels  exceeding  100  tons  and  under  200  tons,  2 

200     "           «'         300    "  4 

300     "          **        400     ''  6  00 

Vessels  engaged  in  the  coasting  and  fishing  trade  to  bo 
empt  from  the  payment  of  any  £»e. 


cc 


t( 


a 


€€ 


C€ 


(€ 


} 

w 
.1 


bJ]  faotobs  and  agemis.  63 

At  Piotau,  JPugwcuh,  Wallace,  Tatamagimche  and  Point 

Brule. 

One  cent  per  ton  on  all  vessels  not  under  40  torn. 

At  Saint  Mary^s. 

For  vessels  exceeding  100  tons  and  under  150  tons,  ^1  00 
For  vessels  exceeding  150  tons  and  under  £50  tons,  2  00 
For  vessels  exceeding  250  tons  4  00 

Vessels  ^igaged  in  the  coasting  and  fishing  trade,  and  all 
other  vessels  resorting  to  the  harbor  for  shelter,  wood,  water 
or  provisions,  and  not  anchoring  within  the  bar,  to  be  exempt 
fromanyfee. 

At  Antiffonishe. 
The  fees  to  be  established  by  the  sessions. 


Vote.— Seettons  1  to  16  inolufllve  Zi  and  Schedule  A.  repealed  hj  Chapter  54,  Canada, 
ISTS.  6«ctioo«  87  to  48  Inclusive  repeated  by  Chapter  08,  Canada,  1878,  8«e  too,  Chap- 
ter 42,  Canada,  2872,  and  Chapter  9,  Canada,  1873. 


OHAPTEE  81. 

OF  FACTORS   AND  AGENTS. 


1.     Any  agent  entrusted  with  the  possession  of  goods  or  Agent  in  poa- 
the   documents   of  title  thereto  shall  be  deemed  the  owner  ^^J'^u%'' 
thereof,  so  as  to  render  valid  and  binding  upon  all  persons  ^"5J2id*to  aeii 
interested  therein,  any  contract  made  with  such  persons  for  or  pledge  them. 
die  purchase  of  such  goods,  or  by  way  of  pledge,  lien  or 
security  for  advances  upon  such  goods  or  documents,  or  for 
fiixther  or  continuing  advances  thereon,  although  the  person 
walnTig  such  purchase  or  claiming  such  pledge  or  lien,  may 
have  had  notice  that  the  person  with  whom  such  contract  is 
.made  is  only  an  agent  or  factor ;  provided  such  contract  be 
ipade  in  the  ordinary  course  of  business,  and  such  person  shall 
not  Jiave  notice  at  the  time  of  making  such  contract,  that  such  , 
agent  is  not  authorized  to  sell  the  goods  and  receive  the 
ppicbaae  money,  or  to  pledge  such  goods. 

£.     Any  contract  for  pledge,  lien  or  security  made  by  an  Agent'a  powers 
-pgnt  entmated  with  the  possession  of  goods  or  the  documents  a^SJ^otmUn 
\  c^tidafbexetOf  in  consideration  of  the  delivery  or  transfer  to  ^'^^ ^^^' 


64 


FACTORS  AND  AGENTS. 


APPENDIX 


OontrteU  made 
with   asenU  in 

Kodfuth  to  be 
Id  TiUd;  Uen 
for  aotecoden^ 
debt  inralid. 


Doenmeiit*  of 
title  defined. 


PoeiOMion  of 
documenta  of 
title  poMeasion 
of|^ood». 


Pledge  npon 
title  to  be 
pledge  upon 
goods. 


Agent  to  be 
considered  in 
I>oeeei8ion  of 
goods,  wben 
under  bis    con- 
trol. 

Advance  to  an 
agent  possessed 
oc  goods  or 
their  title, 
where  agent  not 
authorized  to 
pledge,  wben 
held  valid ;  eon- 
tracts  by  others 
for  agents  held 
valid. 


him  of  other  goods  or  documents  of  title  or  negotiable  secur- 
ities on  which  the  person  delivering  them  has  at  the  time  a 
valid  lien  for  a  previous  advance  by  virtue  of  some  contract 
made  with  such  agent,  shall  be  as  valid  as  if  the  con«ideradon 
therefor  had  been  an  advance  of  money ;  but  the  lien  acquired 
thereby  shall  not  exceed  the  value  at  the  time,  of  the  goods, 
documents  of  title  or  negotiable  security  delivered  up  and  ex- 
changed. 

S.  Such  contracts,  loans,  advances  and  exchanges  as  are 
made  in  good  faith,  and  without  notice  that  the  agent  nuking 
such  contracts  or  agreements  is  acting  without  authority  or  in 
bad  Mth,  although  with  notice  of  such  agent  not  bans  the 
owner  of  the  goods,  are  alone  rendered  valid  hereby  and  bind- 
ing upon  all  persons  interested  therein.  Nothing  herein  shall 
make  valid  any  sale,  lien  or  pledge  in  respect  of  an  antecedent 
debt  owing  from  an  agent  to  the  person  to  whom  such  Uen  or 
pledge  shall  be  given  or  sale  made,  or  authorize  an  agent  in 
deviating  from  any  express  orders  or  authority  received  fiom 
the  owners. 

4.  Any  document  used  in  the  ordinary  course  of  basinea 
as  proof  of  the  possession  or  control  of  goods,  or  authoiixiDg 
or  purporting  to  authorize  the  holder  to  transfer  or  receive  goodi 
thereby  represented,  shall  be  considered  a  document  of  dtk 
within  the  meaning  hereof. 

5.  Any  agent  possessed  of  any  such  document,  whether 
derived  immediately  from  the  owner  of  such  goods  or  obtained 
by  reason  of  such  agent's  having  been  possessed  of  the  goods 
or  any  other  document  of  title  thereto,  shall  be  deemed 
to  be  possessed  of  the  goods  represented  by  such  document. 

6.  Any  contract  pledging  or  giving  a  lien  upon  such  docu- 
ment shall  be  deemed  a  pledge  or  Uen  upon  the  goods  to  wluch 
the  same  relates. 

7.  Such  agent  shall  be  deemed  possessed  of  such  goods 
or  documents,  whether  the  same  be  in  his  actual  custody  or  be 
held  by  any  other  person  subject  to  his  control  or  on  his  b^ 
half 

8.  Where  any  advance  is  made  to  an  agent  possessed  ot 
goods  or  docimients  of  title  thereto,  on  the  faith  of  a  contract  ia 
writing  to  consign,  deposit,  transfer  or  deliver  such  docB* 
ments,if  such  goods  or  documents  shall  be  received  by  the  peiaoi 
making  such  advance  without  notice  that  such  agent  was  not  au- 
thorized to  make  such  pledge  or  security,  such  advance  A/i 
be  deemed  to  be  an  advance  on  the  security  of  such  goods  v 
documents  within  the  meaning  hereof,  though  such  goodie 
documents  shall  not  be  received  by  the  person  making  the  lA* 
Vance  imtil  a  period  subsequent  to  such  advanosL  J^l 
contract,  whether  made  directly  with  such  agent  or  iriUk 


B.]  FACTORS    AKD   AGENTS.  65 

person  on  his  behalf,  shall  be  deemed  to  be  made  with  such 
agent 

9.  Any  payment,  whether  by  money  or  negotiable  security,  be  hTmone" or 
shall  be  deemed  an  advance  within  the  meaning  hereof.  cuSuii!*^*  **" 

10.  Any  agent  in  possession  of  goods  or  the  documents  of  aj^St^f'^J^JJ^^ 
title  thereto,  shall  be  deemed  entrusted  therewith  by  the  owner  <>'  *«»r  tSeT 

1^1  .  1        1  •  •  T  evldenoo  of 

unless  the  contrary  be  shewn  m  evidence.  ageney. 

11.  Any  agent  who  shall,  unauthorized  by  his  principal,  foodiiKe^^^^ 
for  his  own  benefit  and  in  violation  of  good  faith,  make  any  jp"*y  o'  »  mij- 
consignment,  deposit,  transfer  or  delivery  of  any  goods  or  docu- 
ments of  title  so  in  his  possession  as  a  pledge  or  security,  or 

accept  any  advance  on  the  faith  of  a  contract  to  make  any  such 
consignment,  deposit,  transfer  or  delivery,  shall  be  guilty  of  a 
misdemeanor  and  be  imprisoned  in  the  Provincial  Penitentiary 
for  a  term  not  exceeding  seven  or  less  than  two  years,  or  be 
fined,  or  both  as  the  court  shall  award. 

12.  Any  person  knowingly  and  wilfully  assisting  in  mak-  Accetiorie*  aiBo 
ing  any  such  consignment,  deposit,  transfer  or  delivery,  or  ac-  Someaaor. 
cepting  or  procuring  such  advance,  shall  be  guilty  of  a  mis- 
demeanor, and  shall  be  sentenced  to  any  of  the  punishments 

above  mentioned  as  the  court  shall  award, 

13.  No  accent  shall  be  liable  to  prosecution  for  any  such  A^ntmay 
consignment,  deposit,  transfer  or  delivery  as  above  mentioned  for  adrances  ou 
for  advances  not  greater  than  the  amount  at  the  time  thereof  *^®p^^®*** 
due  to  such  agent  from  his  principal,  together  with  the  amount 

of  any  bills  of  exchange  drawn  by  or  on  account  of  such 
principal  and  accepted  by  such  agent. 

14.  The  conviction  of  any  such  agent  shall  not  be  evidence  Conviction  not 
in  any  suit  against  him,  and  no  agent  shall  be  liable  to  such  agaimt  a^ent; 
conviction  upon  any  evidence  whatsoever,  who  shall  previous  dlwfwurSnoi 
to  his  indictment  have  made  disclosure  upon  oath  under  com-  SjunStagent. 
pulsory  process  of  any  court  in  any  action  instituted  in  good 

fidth  by  a  party  aggrieved. 

16.  Nothing  herein  shall  affect  the  right  of  the  owner  to  JjJm'gwS  "' 
redeem  such  goods  or  documents  of  title  so  pledged  before  the  pledge. 
-  sale  thereof,  upon  repayment  of  the  amount  of  the  lien  there- 
on or  restoration  of  the  securities  in  respect  of  which  such  Hen 
e^dsts,  and  on  payment  or  satisfaction  to  such  agent  if  by  him 
required  of  any  amount  in  respect  of  which  he  would  be  en- 
titled to  retain  such  goods  or  documents  as  against  such 
owner ;  nor  his  right  to  recover  from  any  person  to  whom 
such  goods  or  documents  have  been  pledged,  or  who  may  have 
a  lien  thereon,  any  proceeds  of  the  sale  thereof  remaining 
in  his  hands  after  deducting  the  amount  of  such  pledge  or 
lien. 

16,    These  provisions  shall  not,  nor  shall  any  conviction^  under tbts 
or  jodgment  under  them  lessen,  or  in  any  way  affect,  any  affeot^ouLeVre- 
remedy  at  law  or  inequity  which  any  person  aggrieved  would  S^eqoit/.'*'^ 


66  ^         BILLS  OF  EXCHANOB  AKD  PBOMISBOlLY  K0TS8.  [aFPEKDIX 

have  had  against  the  offender  if  such  pfoTisions  had  not  been 
made. 


OHAPTEB  82. 

OF  BILLS  OF  EXCHANGE  AND   PROMISSORY  NOTES : 

As  amended  by  Chapter  10>  ISBS,  Section  5. 

Dammget  and  1.     A  bill  of  exchange  drawn  by  a  person  residing  within 

tSito?biUi  <5"^  the  Province  and  returned  protested'  shall,  if  drawn  upon  a 

ezohaoge.         persou  residing  within  the  Province,  be  subject  to  six  per  cent 

per  annum  interest  from  the  date  of  the  protest  to  the  time  of 

payment     [f  drawn   upon   a  person   in  any  part  of  Notth 

America  without  the  Province,  it  shall  be  subject  to  five  per 

cent,  damages  and  six  per  cent,  per  annum  interest  from  the 

date  of  the  protest  to  the  time  of  pajrment,  and  if  drawn  upon 

a  person  in  any  other  country  it  shall  be  subject  to  ten  per  cent 

damages  and  six  per  cent,  per  annum  interest  from  the  date  of 

the  protest  to  the  time  of  payment. 

notei^ne^o^ia.         ^*     ^  promissory  note  shall  be  assignable  or  endorsable  in 

able:  who  may  the  same  manner  as  an  inland  bill  of  exchange;  and  the  payee 

or  endorsee  thereof,    or  the  holder  where  the  note  is  payable 

to  bearer,  may  bring  an  action  thereon  in  his  own  name. 

Notes  not  pay-        8.     A  note  in  writing  for  a  sum  certain  payable  otherwise 

presumed  to  be  than  in  money  shall  be  held  prima  facie   to    be  given  for  a 

eMerafion.bST  Valuable    Consideration,    but   shall   not  be   negotiable.     The 

hoV^r^w^!   amount  of  such  note  may  be  sued  for  and  recovered  as  if  the 

amount  thereof  were  payable  unconditionally  in  money. 

cove^raJbio^for^  ^*  ^^  ^^  action  brought  upon  such  note  the  amount  only 
non<ieiivery  of  payable  thereunder  shall  be  recoverable,  without  damages  for 
tioned  In  such  the  non-delivcry  of  the  articles  enumerated  therein. 
"^Acceptance  of  5.  No  acceptance  of  any  bill  of  exchange,  whether  inland 
mUet  b^fn  wri*  ^^  foreign,  shall  be  sufficient  to  bind  or  charge  any  person  un- 
tiD»'  less  the  same  be  in  writing  on  such  bill,  or  if  there  be  moie 

than  one  part  of  such  bill,  on  one  of  the  said  parts,  and  signed 
by  the  acceptor  or  some  person  duly  authorized  by  him. 

Note.— See  Chapter  0,  Canada,  1807, 18  Canada,  1870,  and  10,  Canada,  1878^ 


30RBXSCT.  67 


CHAPTES  83. 

OF   CUBRBNCY. 

The  treasury  notes  for  twenty  shillings  each  shall  here-  one  pound 
be  computed  at  the  public  departments  at  three  dollars  and  bow  ec^puigSf. 
ty-nine  cents  each. 

All  judgments  shall  be  entered  in  dollars  and  cents  :  Jodgmwuto 

JTO  ..  ..!•  i^»  .  be  entered  in 

m  case  of  any  omission  or  mistake  m  such  entries,  any  two  doiiara  end 
ces  of  the  peace  where  the  judgment  has  been  awarded  by  how  corrected!' 
3ne  or  more  justices,  and  a  judge  of  the  Supreme  Court, 
e  case  of  judgments  entered  therein,  shall  have  power  to 
(y  such  omission  or  mistake  on  such  terms  as  shall  appear 
»nable  and  just. 

Executions  upon  judgments  now  subsisting  or  which  KxetnUonon 
have  been  awarded  or  entered  previous  to  the  first  day  prior  to  let 
dy,  in  the  year  one  thousand  eight  hundred  and  sixty,  may  taken  out/   °^ 
Icen  out  in  pounds,  shillings  and  pence,  or  in    the  corres- 
ing  amount  of  dollars  and  cents,  at  the  option  of  the  judg- 
;  creditor  ;  and  any  undersigned  or  accidental  discrepancy 
een  the  amount  of  the  judgment  and  execution  may  be  Discreftency 
led  by  the  justice  or  a  judge  of  the  court  from  which  the    ^^  "^ 
ition  issued  on  such  terms  shall  appear  to  be  reasonable 
just. 

in. OF   DECIMAL  ACCOUNTING. 

All  accounts  to  be  rendered  to  the  Ptovincial  Govern-  PnbUc  accounu 

*.  i-T/c  Ja4.i_  m  tobe   rendered 

;  or  to  any  public  olhcer  or  department  by  any  omcer  or  in  douan  and 

ionary,  or  by  any  person  receiving  aid  from  the  Province  *'"°*'- 

;herwise  accountable  to  the  Government  or  Legislature 

of,  shall  continue  to  be  rendered  in  dollars  and  cents. 

».     The  holder  of  any  undertaking  or  order  for  the  pay-  ^*1?^«"'  »»oj*« 

r  1--  i_  •     J     •         J  ^     ^  J  ^  i.1.      i«i       »ndbllUtobe 

;  of  money,  which  is  designed  to  be,  and  to  serve  the  like  payable  in  gold 
ose  of  notes  or  bills  of  bankers,  or  for  circulating  currency,  tweirJ  per'^nt. 
her  payable  to  a  real  or  fictitious  person  or  to  the  bearer  JSmiSd.*^*' 
of,  or  purporting  to  be  transferable  by  endorsement  or  de- 
f,  and  whether  made  payable  in  gold  or  silver  or  other- 
may  demand  the  frill  amount  thereof  in  gold   or   silver 
rr  from  the  party  by  whom  the  same  is  payable ;  and  in 
It  of  such  payment  the  party  shall  pay  to  such  holder 


68  GURKENCr.  [AFPSNBa 

interest  at  the  rate  of  twelve   per  cent   per  annum  upon  the 
amount  thereof  from  the  day  of  such  demand  and  refusal 
Buchnoteito         11.     Everv  such  undertaking  shall  be  transferable  by  de- 
bJdSS^JS^-Sd  livery  only,  without  endorsement  or  assignment;  and  eveiy 
wjoverabia  by    bolder  of  such  Undertaking  may  recover  the  amount  therein 
expressed  as  if  the  same  were  a  promissory  note  made  abso- 
lutely payable  in  gold  or  silver  money. 
Holder  may  1^*     The  holder  of  any  such  order  or  undertaking  bang 

not««'to*makar  indebted  to  the  person  being  the  maker  thereof,  may  tenda 
M  B  payment,    the  same  to  such  maker  in  or  towards  payment  of  such  d^ 

for  the  full  amount  therein  expressed. 
Bank  notea  not      IS.     Any  person  issuing  as  circulating  currency  any  pro- 
twenS*doUaS.  Dussory  uotc,  bank  note  or  bill  for  a  less  sum  than  twenty 
ap^^^*^^*  *°  dollars,  shall  for  every  such  oflfence  forfeit  forty  dollars ;  and 
rw9iiy,  any  person  issuing  as  circtdating  currency  any  promissory  not^ 

bank  note  or  bill,  expressed  to  be  payable  otherwise  than  in 
gold  or  silver  money,  shall  for  every  such  offence  forjkitalike 
sum. 
Treaanrv  notea  '  14.  The  forcgoing  provisious  shall  not  extend  to  treasmj 
o?dan?bank'**'  notcs  of  this  Province,  nor  to  any  undertaking  or  orda:  not 
prorniMon^^  designed  for  circulation  as  currency,  but  botia  fide  drawn  hj 
tended"^'  any  person  upon  his  banker  or  any  other  person,  nor  dull 
rency.  they  prevent  any  person  indebted  in  a  sum  less  than  twenty 

dollars  from  making  to  his  •  creditor  a  promissory  note  or  un- 
dertaking to  pay  such  sum. 

Note.— Chapter  12,  Canada,  1870,  allowi  chartered  banka  to  lune  bank  Botes  fiviV 
aara  not  less  than  four  dollars.    Chapter  4,  Canada,  1871,  repeals  $  1,  2, 6  and  T. 


OH  AFTER  84i 

OF     MILLS     AND     H  1 1,  i:.  E  B  s  . 

Tolls  for  grind-      1.     The  tolls  to  be  taken  by  every  miller  for  grinding 

rSguutIf!'    *'*  wheat,  rye,  barley,  buckwheat  or  indian  com,  or  for  grinding 

oats  which  are  not  kiln  dried,  shelled  and  sifted,  shall  not 

exceed  one  sixteenth  part,  nor  the  tolls  for  kiln  drying,  shdl- 

ing,  grinding  and  sifting  oats  one  eighth  part  of  the  whole 

quantity  brought  to  the  mill  to  be  ground. 

Toiis^forhnii.         2.     Every  miller  shall  receive  for  hulling  barley  one-sixth 

bolting  flour,     of  the  quantity,  and  for  bolting  or  sifting  flour  or  mealgroond 

at  his  mill  one  pint  out  of  each  bushel  of  grain  or  oomio 

ground. 


I 

J 


B.]  MILLS  AND   MILLRR8.  69 

9.     The  quantity  of  grain  or   com   to  be   ground  shall  be  g2„^g^°' 
ucertained  by  a  sealed  measure.  ••ceruined. 

4.     A  miller  demanding  or  taking  any  larger  toll  than  is  Fine  for  taking 
httreby  allowed  shall  forfeit  eight  dollars  for  every  such  offence,  SLgluSiI*"* 
md  shall  pay  the  owner  the  full   value   of  the  grain  or  meal 
taken  beyond  the  prescribed  toll. 

6.  A  miller  refusing  to  grind  any  grain  or  corn,  or  to  hull  ^g*J*',^[jS|"' 
my  barley  which  shall  be  in  good  order,  or  to  bolt  or  sift  any  sw.;  steam  muu 
floor  or  meal,  having  the  requisite  machinery  therefor,  shall 
Cbrfeit  eight  dollars  for  every  offence ;  but  the  proprietor  or 
manager  of  any  steam  mill  may  refuse  to  receive  or  to  grind 
my  grain  or  com,  or  to  hull  any  barley,  and  shall  not  be  sub- 
ject to  the  above  penalty  therefor,  unless  he  shall  first  receive 
and  afterwards  refuse  to  grind  such  grain  or  corn  or  to  hull 
slich  barley. 

6,     Every  miller  shall  have  in  his  mill,  erected  in  a  con-  ^^eTand  ''""^ 
renient   place,   properly    fitted   and   provided,    a   good  and  J^^^SJ^Iliuyof 
sufficient   beam   and    scales   with   proper  legal   weights,  for  twenty  doiiaw. 
the  use  of  persons   requiring   grain  or   corn  to  be  ground  at 
such  mill,  and,  in  default,  shall  for  every  such  offence  forfeit 
twenty  dollars. 


OHAPTES  85. 

OfF   THE    REGULATION    AND  INSPECTION  OF  PROVISIONS,  LUMBER, 

FUEL  AND  OTHER  MERCHANDIZE : 

As  amended  by  Chapter  10,  1868. 

BREAD. 

44.     All  bread  intended  for  sale  shall  be  marked  in  Eoman  Bread  for  laie. 
characters  with  the  initial  letters  of  the  grain  of  the  flour  or 
mettl  of  which  it  is  made,  and  with  the  initials  of  the  christian 
and  Bumame  of  the  baker,  and  shall  be  also  marked  with  the 
weight  thereof. 

46.     All  bread  intended  for  sale  shall  be  made  to  the  follow-  Weight  of 
ing  weights  respectively,  and  no  other,  viz :  four  pounds,  two 
pounds^  one  pound,  and  eight  ounces. 

4ft,     No  person  shall  sell  any  bread  that  shall  not  be  marked  JJSJjied**""* 
in  accordance  with  the  forty-fourth  section ;  and  any  person  bread. 
Tiolating  the  same,  by  having  in  his   possession,  selling  or 
ftkn^g  finr  sale  any  bread  not  duly  marked,  shall  forfeit  for 


70  PROVISIONS,  liUHBEB,   FUBL|   EXa  [aPPESTDIX 

every  loaf  not  duly  marked,  not  less  than  twenty  cents  nor 
more  than  one  dollar. 
FMMDt  MUiDg       47.     Every  person  selling  bread  shall  keep  a  pair  of  scales 
ke^sMiM  and  ^^^  Weights,  in  order  that  the  purchasers  of  sudi  bread  may, 
weighu.  if  tijgy  require,  have  the  same  weighed, 

jnitices  oTwn-      48.     Ally  justico  of  the  peace  or  constable    anthorised  by 
xed  may  seize    the  Warrant  of  a  justice,  or  the  clerk  of  the  market,   may  visit 
ed  or  8bort?f '   the  premises  wherein  bread  is  made  or  sold,  and  may  seardi 
ftited.*' "  '^'"    for  ^^^  weigh  all  bread  therein ;  and  if  any  bread  be  found 
therein  imder  the  prescribed  weight  or  not  marked  as  herein 
directed,  the  same  shall  be  seized,  and  on  proof  of  the  &ct 
before  a  justice,  it  shall  be  disposed  of  to  poor  persons  under 
the  direction  of  such  justice. 
Sr°*SS**^  49.     If  any  person   shall  obstruct  or  oppose  the  officer  in 

cer.  making  such  search  or  seizure,  he  shall  forfeit  not  less  than 

four  dollars  nor  more  than  eight  dollars, 
vine  for  aeiuog       60.     Any  person  selling  bread  deficient  in  weight,  and  tht 
weight  offence  being  proved  by  the  same  being  weighed  within  twenty- 

four  hours  ^fter  baking,   before   a  justice,  shall,  unless  the 
deficiency  appear  to  have  been  occasioned  by  some  unavoidaUe 
accident,  forfeit  not  less  than  ten  cents,  nor  more  than  fifty  cenU 
for  every  half  ounce  deficient. 
Fine  for  Mr-  51.     If  any  servant  or  journeyman  in  the  employ  of  abate 

neymen  offend-  shall  offcud  against  these  provisions,  he  shall  forfeit  not  less 
°*^*  than  four  nor  more  than  eight  dollars,  and  in  default  of  pay- 

ment he  shall  be  imprisoned  not  less  than  seven  nor  more  than 
fourteen  days. 
Baker  may  be         52.     If  any  baker  shall  pay  any  of  the  foregoing  penalties 
finei  Incurred     in  conscqueuce  of  the  wilful  neglect  or  default  of  his  scrvanl 
mVcond^it°of    ^^  journeyman,  any  justice  of  the  peace,  upon  the  application 
of  such  baker,  may  cause  the  offender   to  be  brought  before 
him  and  order  him  to  pay  a  reasonable  sum  by  way  of  recom- 
pense, and  if  he  shall  not  comply  with  such  order  may  commit 
him  to  jail  for  a  period  not  exceeding  a  month. 
Loaves  made  to      53.     These  provisions  shall  not  apply   to   loaves   made  to 
foff^iew  than    Order  and  rasped  by  the  desire  of  the  customer,  nor  to  loares 
exceptid.^*^      Or  cakes  sold,  weighing  less  than  half  a  pound. 
Limiution  of         54.     Prosccutious  for  breach  of  any  such  provisions  shaU 
be  commenced  within  three  days  after  the  offence  committed. 

POTATOES,  &c. 

veeetobies  how      7^*     Fotatocs  and  all  edible  roots  shall  hereafter  be  9M  ky 
**^^~*^-        weight.  ' 

TARE    ON    SUGAR. 

Tare  on  ragar,        73.     The  tare  to  be  allowed  on  the  sale  of  browii  or 
t^eSr*'"        sugar  shall  upon  e^NOTj  barrel  be  twenty-two  ponnda^  a»^ 


•ervanu. 


B.]  FBOYISIONS,   LUMBEB,   FUEX.^  ET&  71 

every  hogshead  or  other  package  of  the  weight  of  eighteen 
hundred  pounds  or  less^  twelve  pounds  for  every  hundred 
pounds  of  gross  weight ;  and  upon  every  hogshead  or  other 
package  of  such  sugar  above  the  weight  of  eighteen  hundred 
pounds,  the  tare  shall  be  ten  pounds  for  every  hundred  pounds 
of  gross  weight. 

74  Any  person  who  shall  not  allow  the  full  tare  as  herein  Fine  for  not  ai 
prescribed  shall  forfeit  fifty  cents  for  every  hundred  weight  of  liS!***^  ^  ^' 
the  sugar  upon  which  such  full  tare  shall  not  be  allowed. 


COAL   AND   SALT. 

75.  Coals  sold  from  shipboard  by  retail  shall  be  sold  by  Coaii,  how  sold. 
the  ton  weight  of  two  thousand  two  hundred  and  forty  pounds 
avoirdupois  and  its  subdivisions. 

76.  All  coal  or  salt  sold  from  shipboard  by  retail  in  this  Coai  and  lait  to 
Province  shall  be  weighed  or  measured  by  officers  appointed 

for  the  purpose. 

77.  If  such  coal  or  salt  shall  be  delivered  to  any  truckman  fe|*Jre^^Sruv- 
or  other  person  without  having  been   weighed  or  measured  jrod  without 
according  to  the  two  last  sections,  the  seller  shall  forfeit  the  lured. 
same  or  the  value  thereof  to  the  use  of  the  poor. 

78.  The  measurers  of  coal  sliall  receive  from  the  seller  S!!*^'™**' 
eight  and  one  half  cents  for  every  ton ;  and  measurers  of  salt 

shall  receive  three  and  one  half  cents  for  every  hogshead 
irhich  they  shall  respectively  measure. 

79.  If  any  measurer  of  coal  or  salt  shall  undertake  to  at-  jJ^^^J  iSSoS- 
tend  the  admeasurement  of  coal  or  salt  from  more  than  one  duct. 
vessel  at  the  same  time^  he  shall  forfeit  a  sum  not  exceeding 

eight  dollars  for  each  offence  ;  and  for  any  neglect  or  miscon- 
duct other  than  the  offence  last  mentioned  a  sum  not  exceed- 
ing twelve  dollars. 

80.  Every  person  who  shall  wilfully  sell  or  dispose  of  any  P«naity  for  mis< 
coal  within  this  Province  under  any  name  or  designation  other  oflindofooai. 
than  that  of  the  mine  or  locality  from  whence  the  same  may 

have  been  obtained,  shall  forfeit  a  penalty  of  forty  dollars. 

81.  Any  shipmaster,  or  other  person  bringing  coal  to  any  SJilrSJhihit 

Sort  in  this  Province  from  any  mine  therein,  shall  exhibit,  on  cerUficAta  of 
emand  thereof,  to  any  person  desirous  of  purchasing  coal  whaanquMted. 
a  certificate  from  the  proprietor  or  shipping  officer  of  the  mine 
from  which  such  coal  has  been  shipped,  stating  the  name  or 
locality  or  other  known  designation  of  such  coal  and  the  date 
of  shipment  thereof,  which  certificate  the  proprietor  or  ship- 
ping officer  is  hereby  required  to  give  to  the  shipmaster  at  the 
time  of  the  shipment  of  such  coal. 


72  FBOVISIONS,   LUIiBER^  FUEL,    ETa  [AFFEKmX 

ghSSg  flSse*er*      ^^'     -^^7  proprietor  or  shipping  officer  refusing  to  give 
tffleate;  penal-  guch  certificate  or  giving  a  false  certificate,  or  any  shipmaster 

or  seller  of  coal  refusing  to  exhibit  such  certificate  on  demand, 

or    exhibiting    a   false    certificate,  shall   respectively   forfeit 

twenty  dollars, 
cei^floite  dell-      83.     Every  such  certificate  shall  on  the  discharge  of  the 
tor.  cargo  of  coal  to  which  it  refers  be  delivered  up  by  the  holder 

thereof  to  the  collector  of  customs  of  the  port,  to  be  placed 

upon  the  file  in  his  office. 


HAY. 

wefiied^  88.     Hay  may  be  weighed  in  scales  or  by  steel-yards  duly 

weighers'  fee*,  stamped  by  the  clerk  of  the  market,  and  weighers  shall  in  the 
absence  of  other  regulations  by  the  sessions  as  herein  provided 
for,  receive  at  the  rate  of  two  cents  for  every  hundred  weight 
of  hay  weighed  by  them,  and  seven  cents  lor  every  mile  they 
shall  be  required  to  travel  if  the  distance  shall  exceed  one 
mile ;  but  the  court  of  sessions,  on  the  recommendation  of  the 
grand  jury,  may  from  time  to  time  regulate  the  rate  to  be 
received  by  weighers  of  hay  in  the  several  counties. 


CORDWOOD. 

?e^tLWquIii.  89.  Every  stick  of  cordwood  intended  for  retaU  shall 
ifoDeT*^  ^™®"*  measure  four  feet  in  length,  accounting  haK  the  scarf,  and  be 
sound  hard  wood,  and  every  cord  shall  be  of  the  full  length  of 
eight  feet  and  four  feet  high  and  piled  close. 
SplJwd  to°bS  90.  All  cordwood  sold  from  shipboard  shall  be  surveyed 
mealSrers^  and  measured  before  sale  by  an  officer  appointed  for  the  pur- 
fees,  pose,  who  shall  receive  seven  cents  from  the  seller  for  every 

cord  by  him  surveyed  and  measured. 
Si?ho?t'5eing"*      91-     Persons  selling   such  cordwood  without  having  the 
measured.         same  survcycd  and  measured  under  the  last  preceding  section 

shall  forfeit  the  same  or  the  value  thereof. 
SS^To°"iS"I^      92.     All  sticks  of  such  wood  not  of  the  requisite  length 
jected.  shall  be  rejected  by  the  measurer. 

Si7if  ?Stten  93.     Persons  offering  any  cordwood  for  sale  shall  pile  all 

wool? °^*^  the  crooked  and  rotten  sticks,  if  any,  separately,  and  if  on  the 
survey  the  measurer  shall  find  any  rotten  wood  or  any  crooikel 
sticks  in  the  cord  which  shall  prevent  the  same  being  pflrf 
close  such  crooked  or  rotten  sticks  shall  be  rejected,  and  tto 
deficiency  in  the  cord  made  good  before  sale  thereofc 
SlIft-'STTfi**         94.     If  any  measurer  shall  violate  his  duty,  he  shall 

surer  vlolaUng  •'  •'' 

his  dutj.  a  sum  not  exceeding  four  dollars  for  every  onence. 


t.]  PBOVI8I0KS,   LUMBER,    FT7BL,  ETC.  78 

LUMBER. 

95.  In  the  survey  of  boards  there  shall  be  four  qualities,  ?**'^JSiS*  °' 

IZ. :—  their  deacrip- 

First. — Clear  boards  at  least  one  inch  in  thickness.  °°* 

Second. — ^Merchantable  boards  of  first  quality,  sawed  of 
qual  thickness  throughout,  and  when  not  hardwood,  squared 
t  the  edges  with  a  saw ;  to  be  free  from  rots,  wanes,  worm 
oles  and  auger  holes ;  at  least  seven  eighths  of  an  inch  in 
bickness,  and  containing  not  less  than  ten  superficial  feet. 

Third. — Merchantable  boards  of  second  quality,  of  the 
3tme  dimensions,  and  free  from  rots,  shakes  and  worm  holes  ; 
nd. 

Fourth. — ^Refuse  to  include  all  other  descriptions  of  boards.  ^*°f*S[J^ 

96.  All  dimension  deals  shall  be  not  less  than  twelve  feet 
>ng,  nine,  eleven  and  twelve  inches  wide  and  three  inches 
lick  respectively,  having  an  allowance  of  from  one  to  two 
iches  in  the  length,  from  a  quarter  to  half  an  inch  in  the 
readth,  and  from  one-eighth  to  a  quarter  of  an  inch  in  the 
lickness ;  they  shall  be  smooth  and  fair,  of  equal  width  and 
lickness  throughout,  butted  at  both  ends  with  a  saw,  free 
cm  rots,  sap,  stains,  large  knots,  rents,  shakes,  worm  and 
iger  holes,  and  shall  have  the  stubshot  sawn  off. 

97.  All  plank  intended  for  exportation,  except  hardwood  ^SoiOTi'^Seir 
lank,  shall  be  from  ten  to  twenty  feet  in  length,  nine  inches  •»«•«>*  v>^*y» 
.  breadth,  and  three  inches  and  one-eighth  in  thickness,  and  of 

16  same  quality  as  dimension  deals. 

.  98.     All  ton  timber  for  exportation  shall  be  straight  lined  e:^rtatioD :  iu 

id  squared,  and  with  not  more  than  one  inch  of  wane  on  the  •*»«M<i9a»Mty. 

Iges,   without  offsets  or  joints,  square,  butted  at  both  ends, 

ad  free  from  all  marks  of  scoring,  rots,  splits  or  worm  holes 

hich  may  be  detrimental  to  the  same. 

99.  Merchantable  spruce  or  pine  timber  shall  be  sixteen  gp^ce.yina* 
let,  and  hardwood  timber  ten  feet  in  length  at  least,  and  at  Smber- th2S* 
ast  ten  inches  square ;  and  where  it  does  not  exceed  six-  ■iMwiaquauty. 
en  feet  in  length,  the  ends  shall  be  of  equal  size,  and  all 

»n  timber  shall  be  measured  by  the  girth,  one  quarter  part 
lereof  to  be  taken  as  the  side  of  the  square. 

100.  In  the  survey  of  shingles  there  shall  be  three  quali-  ^^^  %Ji^. 

Mi   vi%   •  tics;   their  de^ 

B«,  VIZ.  .  Bcriptloni. 

No.  1. — Pine  or  cedar  shingles  not  less  than  eighteen 
ches  long,  four  inches  wide,  and  three-eighths  of  an  inch 
ick  at  the  butt,  and  clear  of  sap,  slash,  shakes,  twists  and 
orm  holes. 

No.  2.-  Fine,  cedar,  spruce  or  hemlock  shingles  not  less 
itn  sixteen  inches  long,  three  and  a  half  inches  wide,  and 
om  a  quarter  to  a  quarter  and  a  sixteenth  of  an  ii;ch  thick,  to 
I  free  nom  sap,  slash,  shakes  and  worm  holes ;  and 


74  PB0VISI0N8,  LUMBEH,  FUXI^  VEO.  [APPSHDIX 

^o.    8. — ^Refuse,    to   include   all    other    descripdons   of 

shingles. 

No.  1  and  2  shingles  shall  be  put  up  in  bundles  not  less  than 
twenty-five  tiers  or  courses  twenty  inches  wide ;  four  bundles 
to  be  considered  as  a  thousand. 

All  shipping  shingles  for  exportation  shall  be  half  an  inch 
thick  at  the  butt  and  extend  the  same  thickness  three^fooiths 
of  the  lengthy  and  be  shaved  from   thence  to  the  point,  and 
from  four  to  four  and  a  half  inches  wide. 
Clapboards;  101.     Clapboards  shall  be  four  feet  four  inches  long,  &^ 

anddescripuon.  inchcs  wido,  and  half  an  inch  thick  at  the  back. 
Lathwood;  de-       102.     Lathwood  shall  be  of  fresh  growth,  straight  rift,  free 
bow  meaflared.  from  bark,  heart  and  knots,  and  measured  by  the  cord. 
Btaret,  their  ^^^'     Hogshoad  stavos  shall  be  forty-two  inches  long,  firom 

nSd?o?caicS^  three  and  a  half  to  five  and  a  half  inches  wide,  and  three  qnart- 
laUon.  ers  of  an  inch  thick  on  the  thinnest  edge,  and  not  more  than 

one  inch  on  the  back. 

Barrel  staves  shall  be  thirty-two  inches  lopg  and  half  aninch 
thick  on  the  thinnest  edge,  and  not  exceeding  three  quarters 
of  an  inch  on  the  back ;  to  be  of  good  rift,  fairly  split,  free  from 
twists,  knot   holes,  rotten  knots,  worm  holes  and  shakes,  and 
shall  be  calculated  by  the  tale  of  ten  hundred   to  the  thoiu- 
and. 
2d  ^'in  "iM**'       104.     Upon  any  contract  or  bargain  for  a  quantity  of  timber 
purohaaed  for    or  lumber  for  exportation,  the  same  shall  be  understood  to 
shau'^bS^iw*        mean  that  which  is  hereinbefore  described,  and  the  purchaser 
SJJFiSdl^*^^  ^®'  shall   not   be  obliged   to   receive  any  other  unless  under  a 
special  written  agreement  specifying  what  he  actually  is  to  re- 
ceive. 
Duty  of  lumber       105.     The  survcyors  of  lumber  shall  when  required  dili- 
l^nSy?"  ^^  *  gently  examine  and  survey  every  description    of  lumber  de- 
scribed in  any  of  the  preceding  sections  whether  for  sale  or  ex- 
portation in  their  respective  districts,  and  sl^all  mark  the  same 
as  directed  by  this  section  at  the  time  of  the  survey ;  but  if  it 
shall  have  been  previously  surveyed  in  the  Province,  the  sur- 
veyor shall  only  re-survey  and  mark  anew  the  same  when  he 
shall  have  any  doubt  of  the  measure  ;  and  on  every  survey  b* 
shall  furnish  the  seller  and  the  purchaser  each  with  a  certificate 
thereof  specifying  the  quality  and  dimensions,  and  on  every 
stick  of  ton  timber  shall  mark  in  figures  the  contents  in  cubic 
feet,  the  initials  of  his  name,  and  the  private  mark  of  the  ysr- 
chaser ;  and  on  all  deals  and  plank  shall  mark  in  lead  on  tfal 
ends  the  length,  breadth,  thickness  and  superficial  contain 
and  his  own  private  mark ;  and  on  all  boards   the  tuperfw 
contents  and  his  private  mark. 
Feei  of  rarrey-      106,     The  surveyors  of  lumber  shall  receive  the  fblkyiilS 
o  am  r.    ^^^^  ^^ ,  £^^  measuring  and  surveying  all  ton  tinl^t  tf9 


B.]  FROVISIOKS^   LUMBER^   FUXL,   VI&  75 

cents  per  ton,  ti^ether  with  seven  cents  for  every  mile  they 
shall  necessarily  travel  in  coming  to  the  place  of  ^e  survey. 

For  every  thousand  superficial  feet  of  deals,  plank,  scantlings 
a^d  boards  respectively,  fifteen  cents  for  surveying  and  five 
cents  for  marking ;  and  for  viewing  only  where  the  same  shall 
have  been  previously  surveyed  and  the  surveyor  shall  doubt 
the  measure,  five  cents. 

For  every  cord  of  lathwood,  ten  cents. 

For  every  thousand  shingles,  five  cents;  and  for  culling  and 
repacking,  ten  cents. 

For  every  thousand  hogshead  staves,  thirty  cents. 

For  every  thousand  barrel  staves,  fifteen  cents. 

107.  The  surveyor's  certificate  shall  be  binding  between  gSJ^S^fuSJ' 
the  seller  and  the  purchaser,  but  in  case  they  disagree,  either  effect:  provi- 

_^  n  •        1  1  1  ^,  ■Ions  In  CAM  of 

party  may  call  m  three  other  surveyors  who  are  m  no  way  duputc. 
interested  in  the  mutter  in  dispute,  to  re-survey  the  same,  and 
their  decision  shall  be  finaL  If  the  first  survey  be  confirmed, 
the  expense  of  the  second  shall  fidl  upon  the  party  by  whom 
it  was  had,  but  if  the  first  survey  is  not  established,  then  the 
surveyor  shall  bear  the  expense  of  the  second  survey. 

108.  The  surveyor's  fees  shall  in  all  cases  be  paid  by  the  Fee«  of  rorjey. 
seller,  who  shall  remove  all  obstacles  in  the  way  of  the  sur-  alihr;  mu«% 
veyor  which  may  prevent  him  from  viewing  and  measuring    ^^^  *"  tnxwj, 
with  facility  any  timber  or  lumber  which  he  may  be  required 

to  survey^  and  shall,  if  necessary,  have  the  same  canted.  But 
the  purchaser,  upon  any  special  agreement  therefor,  or  if  he 
shall  require  a  fresh  survey,  shall  pay  the  surveyor's  fees. 

109.  All  timber,  lumber  and  shingles,  shaU  be  surveyed  2d  SSfiS^ 
and  marked,  as  prescribed  by  this  Chapter,  before  deliveqr  on  Jj{2JS?b«iiIU'* 
sale  or  shipment  for  exportation,  and  if  any  person  shall  violate  •°'^*p^l®^* 
this  provision,  he  shall  forfeit  the  article  or  the  value  thereof;  ofnJifkx^ex.^ 
but  in  the  City  of  Halifax  entire  cargoes  of  lumber  sea  borne  *^p*®^* 
may  be  disposed  of  without  the  intervention  of  a  surveyor  be- 
tween the  first  buyer  and  seller. 

110.  Upon  the  survey  of  shingles,  clapboards  and  staves  JSSSl'Iil*^ 
respectively,  those  which  are  deficient  in  quality^or  dimensions  J^f^jJ^'^J^  y^ 
ihsJI  be  rqected.  rejected. 

111.  All   shingles  and   clapboards   exposed  for  sale   by  shinfiM  ma 

-j^        •      1         S  1  111.  1  *^  1         ^1  clapboard*  for- 

qoantities  m  bundles  and  not  holding  the  number  they  are  felted  when 
Viarked  for  shall,  unless  it  appear  that  part  thereof  have  been  deficient  in  the 
•oddently  shaken  out  after  packing,  be  forfeited.  ^^^'^  «""*^- 

112.  Any  person  who  shall  without  th^  permission  of  the  Fine  for  de- 
owner  of  any  timber  or  lumber,  alter,  deface  or  destroy  the  ^^JSk» 
marks  of  a  surveyor  of  lumber  thereon,  shall  forfeit  a  sum  not  ^^  **"^'  **^- 
exceeding  four  dollars  for  each  ofiTence. 

118.  Any  surveyor  of  lumber  violating  any  of  these  pro-  Fine  feriombtr 
yimoDM  shall  forfeit  a  sum  not  exceedbg  twenty  dollars  for  JSJffidnS^**^ 
eeoh  oronoei 


76 


PBOYISIONSj  LUMBEB;   FUEL,   ETC.         [APPENDIX 


Limitation  of 
aetioiM* 


114.  All  prosecutions  under  these  proyisions  sballbe  com- 
menced within  twelve  months  from  the  time  of  the  commission 
of  the  offence. 


APPLES   AND   POTATOES. 


Size  of  apple 
barrela. 


Number  of 
hoops. 


Barrels  to  be 
branded. 


Penalty  for 
sellinff  in  small 
barrels. 


Not  to  affect 
floor  barrels. 


115.  The  size  and  dimension  of  barrels  ased  for  putting 
up  or  packing  apples  or  potatoes  for  sale  shall  be  as  follows, 
to  wit :  the  length  of  the  stave  or  barrel  shall  be  twenty-mne 
inches,  and  the  heads  between  the  chimes  seventeen  inches, 
with  k  diameter  in  the  ceTitre  inside  the  barrel  of  nineteen  inches^ 
thus  corresponding  as  nearly  as  possible  in  shape  and  size  to 
the  Canadian  or  American  flat  hooped  flour  barrel. 

116.  All  barrels  used  for  the  shipment  of  apples  or  potatoes 
shall  have  six  hoops ;  that  is  to  say,  two  on  each  end  and  two 
on  intermediate  spaces,  and  shall  also  have  the  top  head  planed 
that  the  barrel  may  be  properly  branded  or  marked. 

117.  The  makers  of  all  apple  or  potato  barrels  shall  brand 
the  initials  of  their  christian  name  and  their  whole  surname  on 
the  outside  of  each  barrel,  near  the  top  of  the  stave^  imder  a 
penalty  of  twenty-five  cents. 

118.  Any  person  putting  up  apples  or  potatoes  for  sale  in 
barrels  of  smaller  dimensions  than  those  hereinbefore  described, 
shall  forfeit  to  the  purchaser  as  damages  an  amount  in  propo^ 
tion  to  any  diminution  of  size  or  loss  sustained  thereby,  to  be 
recovered  as  an  ordinary  debt,  and  be  liable  to  a  fine  of  one 
dollar. 

1JL9.  Nothing  in  the  last  four  sections  contained  shall  pre- 
clude the  use  of  flour  barrels  in  the  shipment  of  any  article  of 
produce. 


Stares,  bricks, 
^.,  how  ooon* 
ted. 


Bessions  to  ap< 
point  officers. 


STAVES    AND  BRICKS. 

120.  All  staves,  bricks  and  other  articles  which  are  now 
reckoned  by  the  tale  of  twelve  hundred  to  the  thousand,  shall 
be  calculated  by  the  tale  of  ten  hundred  to  the  thousand. 

121.  The  general  or  a  special  sessions  may  appoint  all  in- 
spectors and  other  officers  necessary  for  carrying  out  the  pro- 
visions of  this  Chapter. 

Note.    Tbe  omitted  portions  of  this  Chapter  repealed  bj  Section  90  of  Gbapttr#i 

Canada,  1873. 


I 

i 


u)  COAST   AND   DEEP   SEA  FISHEBIES.  77 


OHAPTES  94. 

OF   THE   COAST   AND   DEEP   SEA    FISHERIES: 

-4«  amended  by  Chapter  35,  1866,  and  continued  in  force 
by  Section  21,  Chapter  60,  Canada^  1868. 

1.  Officers  of  the  colonial  revenue.  Sheriffs,  magistrates  and  Revenue  offl- 

.,  ■,«  •     •  1  /*      ^y     .  cen  may  boAra 

any  other  person  duly  commissioned  tor  that  purpose,  may  go  yeseeis  hover- 
on  board  any  vessel  or  boat  within  any  harbor  in  the  Province,  threr*nd?ei  of 
or  hovering  within  three  marine  miles  of  any  of  the  coasts  or  ^*  *^*^' 
harbors  thereof,  and  stay  on  board  so  long  as  she  may  remain 
within  such  place  or  distance. 

2.  If  such  vessel  or  boat  be  bound  elsewhere  and  shall  con-  Proceedinge 
tinue  within  such  harbor  or  so  hovering  for  twenty-four  hours  ter  bound  euJe^ 
after  the  master  shall  have  been  required  to  depart,  any  one  of  J?n"?tiwftrde- 
the  officers  above  mentioned  may   bring  such  vessel  or  boat  p**^ 

into  port  and  search  her  cargo,  and  also  examine  the  master 
upon  oath  touching  the  cargo  and  voyage ;  and  if  the  master 
or  person  in  command  shall  not  truly  answer  the  questions  de- 
manded of  him  in  such  examination,  he  shall  forfeit  four 
hundred  dollars ;  and  if  there  be  any  prohibited  goods  on  board, 
then  such  vessel  or  boat,  and  the  cargo  thereof,  shall  be  for- 
feited. 

4.     All  ffoods,  vessels  and  boats  liable  to  forfeiture  may  be  Veweii  and 

jj*-'-!,  i_ir!  •       ?ooda  forfeited 

seized  and  secured  by  any  such  omcers  or  persons  so  commis-  liable  to  tei 
rioned;  and  every  person  opposing  them  or  any  one  aiding  ?oro'braX 
such  opposition  shall  forfeit  eight  hundred  dollars,  and  shall  <>®cer8. 
be  guilty  of  a  misdemeanor,  and  upon  conviction  be  liable  to 
imprisonment  for  a  term  not  exceeding  two  years. 

6.  Goods,  vessels  and  boats,  seized  as  liable  to  forfeiture,  Cuetody  of  vm- 
nnder  this  Chapter,  shall  be  forthwith  delivered  into  the  custody  eeued. 
of  the  officers  of  the  colonial  revenue  next  to  the  place  where 
seized,  to  be  secured  and  kept  as  other  vessels,  boats  and  goods 
seized,  are  directed  to  be  secured  and  kept  by  law,  or  into 
such  other  custody  and  keeping  as  the  Governor  in  Council 
or  the  Court  of  Vice-Admiralty  shall  order.     But  in  case  of  i"  «"^  ©f  eei- 

,        ,  .     ^,  1       i^  •      /->i  •!  t       *^'«»  Oovemor 

seizure  under  this  Chapter,  the  Uovemor  in  Council  may,  by  in  couneii  may 
order,  direct  a  stay  of  proceedings ;  and  in  cases  of  condemn-  proMedings,  or 
ation,  may  relieve  from  the  penalty  in  whole  or  in  part,  and  on  J!|niitj]°™ 
such  terms  as  may  be  deemed  right  Condemned 

6.     Allg;oods,  vessels  and  boats  condemned  as  forfeited  under  Teaeeu  and 
this  Chapter, shallj  by  direction  of  the  principal  officer  of  t^b.^  ^^m^^^^^^ 


78  GOAST  AHD  DSBP  8BA   FI8HBBIBB.         [aPFEKDH 

colonial  revenue  where  the  seizure  shall  have  been  secured^b 
sold  at  public  auction^  and  the  proceeds  of  such  sale  shall  be 
applied  as  follows :  the  amount  chargeable  for  the  custody  of 
the  property  seized  shall  first  be  deducted  and  paid  oyer  &r 
that  service,  one-half  of  the  remainder  shall  be  paid  to  the 
officer  or  person  seizing  the  same  without  deduction,  and  the 
other  half,  after  first  deducting  therefix>m  all  costs  incuned, 
shall  be  paid  into  the  treasury  of  the  Province ;  but  the  board 
of  revenue  may  nevertheless  direct  that  any  vessel,  boat  or  goodi 
seized  and  forfeited,  shall  be   destroyed   or  reserved  for  the 
public  service. 
SSitur6i*S»w      '^'     -^^  penalties  or  forfeitures  hereunder  shall  be  prosecuted 
proflemittd!        and  recovered  in  the  Court  of  Vice- Admiralty. 
VeM«u  and  8.     If  any  goods,  vessel  or  boat  shall  be  seized  as  forfeited 

SeS^rSd  on""  undcr  this  Chapter,  the  Judge  of  the  Vice- Admiralty  with  the 
■**^"**y'  consent  of  the  person  seizing  the  same  may  order  re-deKreiy 

thereof,  on  security  by  bond  to  be  made  by  the  party  with  two 
sureties  to  the  use  of  Her  Majesty.     In  case  the  property  AaD 
be  condemned,  the  value  thereof  shall  be  paid  into  the  eomt 
and  distributed  as  above  directed, 
soiu,  how  9.     All  suits  for  the  recovery  of  penalties  or  forfeitures  duD 

proSwntJdl  ^  i^  ^^®  ^^»"^®  ®f  Her  Majesty,  and  shall  be  prosecuted  by  the 
Sd^uSbuTS  to  Advocate  General,  or  in  case  of  his  absence  by  the  Solidtor 
j{jJi»orUy  of  Ml-  General.  If  a  dispute  arise  whether  any  person  is  aothoraed 
to  seize  under  this  Chapter,  oral  evidence  may  be  heard  there- 
upon. 
Burden  of  proof      10.     If  any  scizurc  take  place  under  this  Chapter,  aod  a 

zunfto  rea?       dispute  arise,  the  proof  touching  the  illegality  thereof  shtll  be 
With  claimant,    ^p^^^  ^j^^  ^^^^^  ^^  claimant. 

^y'te^Li*  to'       ^^-     ^®  claim  to  anything  seized  under  this  Chapter  tnd 

be  under  oath,    returned  into  the  Court  of  Vice-Admiralty  for   adjudiettxm, 

shall  be  admitted  unless  the  claim  be  entered  under  oath,  with 

the  name  of  the  owner,  his  residence  and  occupation,  and  the 

description  of  the  property  claimed  ;  which  oath  shall  be  nude 

by  the  owner,  his  attorney  or  agent,  and  to  the  best  of  his 

knowledge  and  belief 

fWen'^fiJfoiS  ^*       ^^'     ^^  person  shall  enter  a  claim  to  anything  seized  raider 

claim  entered,    this  Chapter  Until  Security  shall  have  been   given  in  a  penslcj 

not  exceeding  two  hundred  and  forty  dollars  to  answer  andpif 

costs  occasioned  by  such  claim  ;  and  in  default  of  such  secnntj 

the  things  seized  shall  be  adjudged  forfeited  and  shall  be  eoB- 

demned. 

Month'e  noUee        13.     No  writ  shall  be  sucd  out  against  any  officer  or  otfav 

•cdon.         '^  person  authorized  to  seize   under  this   Chapter  for  aoythqg 

done  thereunder  until  one  month  after  notice  in  writings  dd^ 

ered  to  him  or  left  at  his  usual  place  of  abode  by  the  persoaii* 

tending  to  sue  out  such  writ^  hu  attorney  or  agent ;  m  wUA 


L]  OOAST  AMD   DSEP  SEA  FISHERIES.  79 

Lodce  shall  be  contained  the  cause  of  action^  the  name  and 
ilace  of  abode  of  the  person  who  is  to  bring  the  action^  and 
if  his  attorney  or  agent ;  and  no  evidence  of  any  cause  of 
ction  shall  be  produced  except  such  as  shall  be  contained  in 
ach  notice. 

14.  Every  such  action  shall  be  brought  within  three  months  Limiution  of 

»        ^,  ^1  /•  1  •  action  against 

Iter  the  cause  thereof  has  arisen.  seizing  offioen. 

15.  If  on  any  information  or  suit   brought   to  trial  under  ^2S?bie**Mwiie 
his  Chapter  on  account  of  any  seizure,  iudgment  shall  be  riven  ot  wixure  shaii 

,         !•  .  ji'i  •'ill  •/•  "L      preyent  the  re- 

or  the  claimant,  and  the  judge  or  court   shall  certify   on  the  oovery  of  cotta. 

"ecord  that  there  was  probable  cause  of  seizure,   the  claimant 

ihall  not  recover  costs,  nor  shall   the   person   who   made  the 

leizure  be.  liable  to  any  indictment  or  suit  on  account  thereof. 

ind  if  any  suit  or  prosecution  be  brought  against  any  person 

>n  account  of  such  seizure,  and  judgment  shsdl  be  given  against 

um^  and  the  judge  or  court  shall  certify  that  there  was  prob« 

kble  cause  for  the  seizure,  then  the  plaintiff,  besides  the  thing 

teized,  or  its  value,  shall  not  recover  more  than  three  and  a 

lalf  cents  damages  nor  any  costs  of  suit,  nor  shall  the  defendant 

>e  fined  more  than  twenty  cents. 

16.  The  seizing  officer  may  within  one  month  after  notice  ^SdereS^Jj^ 
if  action  received,  tender  amends  to  the  party  complaining  or  one  month. 

ds  attorney  or  agent,  and  plead  such  tender. 

17.  All  actions  for  the  recovery  of  penalties  or  forfeitures  acSonV^fw^n- 
mposed  by  this  Chapter  must  be  commenced  within  three  years  *^^®*»  *®' 
liter  the  offence  committed. 

IS.     No  appeal  shall  be   prosecuted   jfrom   any   decree  or  '^gPf*Hlj,^J*?^'* 
entence  of  any  court  in  this  Province,  touching  any  penalty  be  prosecuted. 
ft  forfeiture  imposed  hereby,  imless  the  inhibition  be  applied 
hae  and  decreed  within  twelve   months  £rom   the  decree  or 
mtance  being  pronounced. 

•19.     All  coasting  vessels  under  sixty  tons  burthen  owned  in  Shl^f  JI^w 
Hob  Province  and  engaged  in  the  coasting  trade  thereof,  shall  5i**JroS'e5t5Sd 
be  famished  with  a  narrow  piece   of  plank  or  iron  affixed  to  ing  aft  of  the 
he  bottom  of  the  keel  and  level  therewith,  extending  aft  at  '  "*  p^*  • 
ieait  fix  inches  beyond  the  aperture  between  the  stem  post  and 
rodder^  and  well  secured  on  the  keel.     But  this  section  shall 
iM  ej^ttid  to  vessels  in  which  the  main  or  false  keel  extends 
ibc  inches  beyond  the  aperture   between  the  stem  post  and 
rodder. 

SO.     Any  owner  or  master  of  a  coasting  vessel  not  so  fur-  Forfeiture  for 
aMftsd  or  built,  running  foul  of  any  net  set  off  the  harbors,  bays  ^hw^Lven* 
md  rivers  of  the  coast,  shall  upon   due  proof  thereof  forfeit  Jlded.^'  *^  ^^ 
Nrenfy  dollars,  to  be  recovered  by  the  party  injured  to  his  own 
mtHm  a  private  debt ;  leaving  to  the  party  aggrieved,  neverthe- 
hm.  Us  rights  at  common  law  for  any  further  damage. 

^    In  this  Chapter  "  vessels  "  shall  include  ships ;  and  gjjj;j"^^  °*  ^ 
"  hariwri  **  shall  include  ports,  bays  and  creeks. 


80 


COAOT   AND   DEEP   8B1   FISHERIES.     [APPENDIX 


Agweme^  tofo  ^^'  ^^^  master  of  any  vessel  registered  and  belonging  to 
between  master  thls  Province,  and  bound  from  kaj  port  therein,  to  beem- 
and  crew.         ployed  in  the  deep  sea  fishery,  shall  before  pi-oceeding  on  sad 


Terms  of 
agreement. 


Penalties  for 
desertion. 


fishing  voyage  enter  into  an  agreement  in  writing  with  every 
person  on  board,  apprentices  excepted,  which  agreement  shall 
express  whether  the  same  is  to  continue  for  one  voyage  or 
for  the  fishing  season ;  and  shall  also  express  that  the  fish  or 
the  proceeds  of  such  fishing  voyage  or  vr^yages  which  nuiy 
appertain  to  the  crew  of  such  vessel,  shall  be  divided  among 
them  in  proportion  to  the  quantity  or  number  of  fish  whidk 
they  may  respectively  have  caught ;  which  agreement  in  ad- 
dition to  the  signatures  of  the  master  and  crew  shall  be 
countersigned  by  the  owAer  of  such  fishing  vessel,  or  hw 
agent,  and  shall  be  as  nearly  as  possible  in  the  form  givea  in 
the  annexed  schedule. 

24.  Any  person  having  engaged  for  a  voyage  or  for  the  fish- 
ing season,  as  before  provided,  who  shall,  while  the  agree- 
ment therefor  continues  in  force,  desert  or  absent  hioiself 
from  the  vessel  in  which  he  shipped,  without  leave  of  the 
master,  shall  be  liable  to  the  same  penalties  and  forfeitures 
imposed  on  the  like  ofiences  under  Chapter  Seventy-RTe 
of  the  Revised  Statutes,  Third  Series,  and  every  master  of  a 
fishing  vessel  taking  any  person  on  a  deep  sea  voyage  without 
entering  into  the  before  required  agreement,  shall  be  liable 
to  the  penalty  imposed  on  that  offence  by  the  same  Chapter. 


Form  of  agree- 
ment. 


Schedule  in  thh  Chapter  referred  to. 

An  agreement  made  in  pursuance  of  Chapter  Ninety-Four 
of  an  act  of  the  General  Assembly  of  Nova  Scotia,  pa^  in 
the  twenty-seventh  year  of  the  reign  of  Her  Majesty  Queen 
Victoria,  entitled  "  An  Act  for  Revising  and  Consolidating 

the  General   Statutes   of  Nova   Scotia,"  between ^ ■» 

master  of  the  ship ,  of  the  port  of ,  of  the 

burthen  of tons,  and   the  several   persons  whoee 

names  are  subscribed  hereto. 

It  is  agreed  by  and  on  the  part  of  the  said  persons,  and 
they  severally  hereby  engage  to  serve  on  board  said  ship  in 
the  capacities  set  opposite  their  respective  names,  on  a  fish- 
ing voyage  from  the  port to ;  [Aerc  A^ 

intended  voyage  is  to  be  described,  and  the  duration  of  i^ 
same,  and  the  nature  of  the  same  as  nearly  as  can  ie  doMf 
atid  if  the  same  is  to  continue  for  the  Jishing  season^  aad 

back  to  the  port  of ;  and  the  said  crew  agree  to ooii- 

duct  themselves  in  an  orderly,  faithful,  honest,  carefiti  wA 
sober  manner,  and  to  be  at  all  times  dili^nt  in  their 


] 


RIYSR  FISHERIES. 


81 


re  duties  and  stations,  and  to  be  obedient  to  the  lawful 
^mmands  of  the  master  in  everything  relating  to  the  said 
lip,  and  the  materials,  stores  and  cargo  thereof ;  in  consid- 
ation  of  which  services  to  be  duly,  honestly,  faithfully  and 
refuUy  performed,  the  said  master  doth  hereby  promise 
id  agree  with  the  said  crew ;  {here  insert  the  particular 
freement  with  reference  to  the  divis^ion  of  the  fish  among 
e  shar^smen  at  end  of  voyage,^  In  witness  whereof  the 
id  parties  have  hereto  subscribed  their  names  on  the  days 
;ainst  their  respective  signatures  mentioned. 


toe  and  time  of  entry. 

Man's 
name. 

Age. 

Place 
of  birth. 

Quality. 

Amn't 

of 
shares. 

Sureties. 

Wit- 
ness  to 
execu- 
tion. 

>ay. 

Month. 

Year. 

• 

Cots.— Section  3  repealed,  and  yarlous  new  provisions  made  by  Chapters  00  and  01 
B»da,  1808.    Bee  too  Chapter  2,  Canada,  1872. 


OHAPTEE  95. 


OF  RIVER  FISHERIES. 


r  amended  by  Chapter  35,  1865,  and  Chapter  36,  1866, 
and  continued  in  force  under  Section  21  of  Chapter  60, 
Canada,  1868. 

i.     Hereafter  no  salmon  shall  be  taken  in  any  of  the  rivers  Time  for  taking 

this  Province  westward  of  the  harbor  of  Halifax  between  **  "**"' 

I  thirty-fir»t  day  of  July  and  the  first  day  of  March ;  nor  in 

J  river  running  into  the  Bay  of  Fuudy,  nor  in  any  river 

(be  Island  of  Gape  Breton,  nor  in  any  river  to  the  eastward 

Halifax  Harbor,  between  tlie  fifteenth*  day  of  August  and 

I  first  day  of  March,  except  in  salt  water  below  low  water 

jrk,  and  in  salt  water  not  later  than  the  twentieth  of  Oc- 

ier«    Any  person  taking  any  salmon  in  any  of  the  rivers  of  Penalty. 

I  Provinoe  within  the  times  specified  shall  be  liable  to  a 

laltj  not  exceeding  forty  dollars  for  every  salmon  taken  bj 

A. 

6 


I 

82  BIVER  FISHEBIB3.  [aPPENDD 

Fithtriet  on  2.    Tho  sossions  shall  annually  appoint  sucb  and  so  many 

through  private  placcs  on  the  rivers  and  streams,  as  maj  be  attended  witt 
'^uted  by  the  least  inconvenience  to  the  owners  of  the  soil  or  the  mzi^ 
•esdoDf.  i^g  resorts  for  the  purpose  of  taking  fish ;  but  the  same  and 

the  enactments  herein  contained  shall  not  extend  to  inr 
species  of  fish  taken  from  the  sea,  except  salmon,  bass,  sha^ 
aiewives,  gaspereaux,  trout  and  small  mackerel. 
SfSSTd^*"  3.  In  cases  where  a  river  shall  be  the  dividing  lioe  ta- 
M?S?river**°"  *^®®^  *^^  counties,  the  orders  and  regulations  of  the  ressioiii 
dividing  conn,  in  cach  couutf  shall  have  force  and  efiect  only  to  the  oentR 
^®*'  of  the  channel  of  the  river  being  such  dividing  line. 

miHS'SJdewfor  ^*  '^*^®  scssious  shall  havc  power  to  make  orders,  for  tb 
frT^  &c*'bein  P^ovcntion  of  traps  or  such  other  contrivances  as  they  iMjr 
•etfordeiitroy-'  considcr  objectionablc  being  set  for  catching  uv  destrojing 
iflgfldi.  ggj^  jj^  ^j^y  ^|.  ^1^^  bays,  harbors,  rivers,  streams,  or  creeks  ii 

Penaitief.  this  Province,  or  on  the  shores  thereof,  to  be  enforoed  bf 
penalties  not  exceeding  forty  dollars  for  cach  breach  theie' 
of. 

Slowed?  °^*  S'  N^  ^^g  ^^^  ^^'^^  ^^  ^^®^  ^^^  ^^®  purpose  of  taking 
salmon  within  any  river  or  harbor,  not  within  a  mile  fiDB 

SSf ^^*be  Mt!  ^^  mouth  of  aiyr  river ;  and  no  nets  shall  be  set  or  ptaoad 
or  allowed  to  remain  set  or  placed  fix)m  one  hour  before  sun- 
set on  Saturday  night  until  an  hour  after  sunrise  on  Mondi^ 
morning, 
fwec^iu*  for-         ^'    ^^  pcrsou  shall  by  spearing  or  sweeping  with  net  or 
bidden.  sciuc  take  or  attempt  to  take  any  salmon  in  any  river,  stream, 

Nets,  how  set.  lake  or  water  course;  and  nets  for  the  taking  of  salmon  or 
any  other  fish  sliall  be  set  and  placed  only  on  one  side  of  sacb 
river,  stream,  lake  or  watercourse. 

S^on^hSndJid  ^'  ^^  Stake,  scinc,  wear,  net  or  other  contrivance  for  tak- 
yarda  from"'  ing  fish,  shall  bc  sct  or  placed  within  one  hundred  yards  from 
^twn  onS**'  where  some  other  stake,  seine,  wear,  net  or  otlicr  contriTance 
from^ui*jw"*  ^^^  taking  fish  is  previously  set  or  placed,  nor  within  one- 
eighth  of  a  mile  next  below  or  above  any  mill  or  dam  erected 
across  or  partially  across  any  such  river,  stream  or  water- 
Not  to  extend  course;  and  no  seine,  net,  or  other  contrivance  for  taking 
^irdlc?^"^  fish  shall  extend  more  than  one  third  of  the  distance  in  t 
^^^^'  straight  line  across  such  river,  stream  or  watercourse. 

Penalty  for  vio-      8.     Any  pcrsou  who  shall  violate  any  provision  of  the  tal 

t^Vec  Mcti?ns.  three  sections  shall  forfeit  a  sum  not  exceeding  forty  doUtrt; 

friluf  offJn-     ^"^  ^^^  spears,  implements,  canoes,  boats,  nets,  seines,  wetii 

ders;  appeal,     and  othcr  contrivanccs  used  or  employed  in,  about  or  pre|NU^ 

atory  to  the  taking  of  salmon  or  any  other  fish  contraij  w 

the  preceding  sections,  or  to  any  order  of  sessions  made  or  to 

be  made  thereunder,  shall  be  liable  to  forfeiture,  and  may  te 

seized  by  any  person  and  detained  until  the   trial  of  tkv 

ofiender,  when  they  may  be  declared  forfeited  and  beoott* 

the  property  of  the  person  prosecuting;  if,  however,  vpOB 


B.]  RIVER  FISHERIES.  88 

appeal  firom  the  judgment  of  the  justices,  the  owner  or  pos- 
sessor of  the  articles  so  declared  forfeited  shall  give  sufficient 
security  by  bond  with  sureties  to  pay  the  prosecutor  the 
value  thereof  and  the  amount  of  any  penalty  that  may  have 
been  imposed  with  the  costs  then  incurred  and  thereafter  to 
be  incurred  in  case  the  judgment  appealed  from  shall  be  con- 
firmed, then  such  owner  or  possessor  shall  be  entitled  to  their 
immediate  restoration. 

9.  Any  person  finding  a  net,  seine  or  wear  set  or  placed  Nets  uiegaiiT 
contrary  to  the  provisions  of  this  Chapter  or  of  such  order  of  I&y^T^ 
sessions  may  destroy  the  same :  provided,  nevertheless,  that 

no  person  shall  be  allowed  in  any  action,  indictment  or  other 
proceeding  against  him  to  justify  the  destruction  of  or  injury 
to  any  net,  seine  or  wear,  under  the  authority  of  this  section, 
nnless  such  person  shall,  within  one  week  after  he^shallhave 
done  any  such  act,  post  up  in  a  conspicuous  place  in  the 
neighborhood,  and  also  file  in  the  office  of  a  neighboring 
justice  of  the  peace,  a  notice  signed  Uj  him,  acknowledging 
the  act  and  stating  the  time  and  place  of  doing  the  same,  and 
also  the  address,  addition  and  place  of  residence  of  the  party 
subscribing  the  same. 

10.  Every  person  discovered  at  night  with  a  spear  and  ^*I^"*n*^*^ 
torch  or  a  torch  only  in  or  about  any  river,  stream,  lake  or  Krfl.5£i|tobc' 
watercourse  above  the  rise  and  fall  of  the  tide,  either  in  a  S?l!^^^  *° 
boat  or  canoe  or  otherwise,  and  apparently   equipped  for  ^•*»*"«- 
taking  or  spearing  salmon,  shall  be  considered  in  the  act  of 
spearing  salmon,  and  the  burden  of  disproving  the  same  shall 

be  on  the  party  so  discovered. 

11.  The  owner  or  the  occupier  of  any  mill  to  which  any  {J'J**'^  o'"i" 
dam,  lock  or  obstruction  made  or  to  be  made  on  or  across  waatepfS! a€. 
any  river,  resorted  to  by  salmon  or  gaspereaux,  is  appurtenant, 

who  shall  not  during  such  periods  while  the  fish  are  passing 
up  from  and  returning  to  the  sea,  as  shall  be  prescribed  by 
the  regulations  of  sessions,  or,  in  case  there  are  no  regulations 
mi  the  subject,  as  shall  be  fixed  by  the  river  inspector,  when 
no  such  regulation  shall  be  made  by  the  sessions  or  river 
inspector,  then  within  tlie  period  prescribed  in  the  first  sec- 
tion of  this  Chapter,  have  and  keep  open  a  waste  gate  or  slope 
snffioient  to  allow  such  fish  to  pass  and  repass,  shall  be  liable  peaaity. 
to  a  penalty  not  exceeding  forty  dollars. 

This  section  shall  not  apply  to  tlie  County  of  Halifax.  Exception. 

12.  When  such  owner  or  occupier  having  a  sufficient  Penalty  for 
waste  gate  or  slope  shall  keep  the  same  shut  or  otherwise  im-  <^*®"*°«p«*»^«' 
pede  the  passage  of  such  fish  during  such  periods,  he  shall 

M  liaUe  to  a  penalty  not  exceeding  forty  dollars  for  every 
tfniflf  he  slmli  close  the  said  passage. 

18.    When  such  owner  shall  have  had  ten  days  notice  in  Pen«ity  for  re- 
writing  from  &e  river  inspector  or  any  justice  of  the  peace  of  atl^^^sJ^V. 


84  RIVER   FISHERIES.  [aFPEKBIX 

the  want  or  insufficiency  of  such  waste  gate  or  slope,  and 
shall  have  for  that  space  of  time  neglected  or  refused  to  con- 
struct such  wasto  gate  or  slope,  he  shall  be  liable  to  a  penalty 
Upon  contjnued  of  ouc  hundred  dollars  ;  and  if  he  shall  neglect  or  refuse  to 
dim  mky^be'     construct  such  wastc  gate  or  slope   for  ten  days  after  sach 
dcstroytd.        penalty  shall  have  been  inflicted,  the  justices  inflicting  such 
penalty,  or  any  judge  of  the  Supreme  Court  may ,  upon  suf- 
ficient proof  of  such  neglect  or  refusal,  order  the  Sheriff  of  the 
county  to  prostrate  and  wholly  destroy  th<3  said  inilldam;and 
the  expenses  attendant  upon  such  application  and  of  the  n- 
moval  of  the  said  dam  shall  be  taxed  by  the  said  justices  or  bj 
a  judge,  who  may  direct  an  execution  to  issue  therefor  against 
the  said  owner. 
soMionBmay         14.    The  sessious  of  each  couuty  shall  at  the   first  meet- 
ri7era'^e?eropt.   ^^B  ^^^  the  passiug  of  this  Chapter  by  a  memorandum  m 
writing,  declare  specifically  the  rivers  and  streams  within  the 
county  to  which  the  provisions  of  this  Chapter  shall  not 
apply. 
t^eMiona  to  «p-       15.    The  grand  jury  in  each  county  shall  present  and  the 
point  Inspectors  sossious  shall  appoint  in  the  same  manner  as   county  and 
township  officers  are  appointed,  for  each  river  or  part  of  a 
river  which  the  sessions  shall  make  into  a  separate  district 
or  jurisdiction,  an  officer  to  be  called  inspector  of  river 
t^Aiary.  fisheries,  to  be  paid  such  sal  iry  as  the  grand  jury  and  sessions 

To  be  sworn,     may  allow,  wlio  shall  be  swom  iuto  officc  as  other  township 
Duuesof,  &C.    officers  are  sworn,  and  who  shall  bo  liable  and  bound  to  pro- 
tect the  fislieries  and  carry  out  the  provisions  of  this  Chapter 
on  the  river  or  stream  for  which  he  is  so  appointed. 

wSironi^^r^  16.  The  grand  jury  ^nd  sessions  shall  appoint  officers  to 
appoint  iniipec.  bc  iuspcctors  of  bays,  harbors,  creeks  and  streams,*  set  off  into 
ha?bor8,^^cks,  districts,  or  of  either  of  them,  in  the  same  mode  as  inspectors 
and  streams,      ^f  ^^^^^  fisheries  aro  provided  to  be  appointed  by  the  preceding 

section. 
u^Sni*i/°K«"^**      17.     Any  river  inspector  neglecting  to  be  sworn  intooflSoe 

Icctingtobe  .    ,    ^  r  p  ?    u    li  u     t    i_i     a 

sworn.  on  reccivuig  notice  of  his  appointment,  snail  be  liable  to  a  pen- 

For  neglect  of  alty  of  tcii  dollars .'  and  any  such  river  inspector  neglecting 
'*"*^'  his  duty  after  being  sworn  into  office  shall  be  liable  to  a  pen- 

alty of  forty  dollars. 
mSfe^indVms^^      ^^'     ^^^  ^'*®  protcction  of  tho  young  fish  coming  down  the 
rivers  of  the  Province  in  the  fall  of  the  year,  sufficient  stop 
gates  shall  be  made  in  all  dams  and  obstructions  across  the 
rivers  sufficient  for  such  young  fish  to  pass  th:x)ugh. 

mi*ired^J  Jh  ^^'     ^^  ^^^  dams  or  obstructions  now  erected,  or  hereafter 

tiams.  to  be  erected,  across  any  river  or  stream  frequented  by  salmoa 

or  gaspereaux,  either  one  tliird  of  the  main   channel  shili 

be  left  open,  or  a  fish  Idder  shall  be  placed  andlnfi 

Fish  ladde  -.     therein. 

deacripuoo  of,       20.    Suclv  fish  ladder  shall  have  a  slope  of  not  mor^ 

and  faow  placed. 

\ 


RTVKR  FISHERIES.  85 

foot  in  seven y  shall  have  an  opening  of  not  less  than  three 
in  width  at  the  top  of  the  dam,  and  shall  be  so  placed 
there  shall  at  all  times  be  at  least  one  foot  in  depth  of 
T  running  over  the  mouth  thereof;  the  bottom  of  such 
er  to  be  water-tight  and  to  be  covered  with  stone,  and  at 
7  six  feet  pieces  of  wood  or  stone  to  be  fastened  at  right 
es  to  the  sides  thereof,  and  to  be  secured  to  each  side 
'uately,  so  as  to  make  the  current  of  water  flow  from  side 
de, — the  openings  to  be  not  less  than  one  foot  in  width, 
the  pieces  of  wood  or  stone  so  jutting  out  from  the  sides 
)  not  less  than  two  feet  in  height;  the  lower  end  of  such 
ladder  to  be  secured  to  the  bottom  of  the  main  channel 
le  river,  or  otherwise  shall  be  conformable  to  the  model 
e  fish  ladder  now  deposited  in  the  office  of  the  Provincial 
etary. 

.    Whenever  the  words  "  waste  gate  "  or  "slopes"  oo-  gj^'****'*^^ 
in  this  Chapter,  the  same  shall  be  construed  to  mean  the 
ladder  described  in  section  20. 

L     Every  mill  owner  who  shall  not  erect  and  maintain  providfng'flih.^* 
itable  and  efficient  fish-way  as  hereinbefore  provided,  ^«y. 
be  liable  to  a  penalty  of  one  hundred  dollars ;  and  if 
dam  now  existing  or  hereafter  to  be  erected,  shall  be 
up  contrary  to  this  Chapter,  tlie  same  may  be  prostrated 
)r  the  terms  and  provisions  of  section  13. 

L    The  four  next  preceding  sections  shall  only  apply  to  Appucauon  of 
bounty  of  Halifax  and  to  Clyde  Eiver  in  the  County  of  •*°**®°*- 
burne. 

:.    The  General  or  Special  Sessions  of  the  County  of  H^wkx  eounty 
fax  shall  make  such  regulations  for  the  passing  of  fish  make  rc^u- 
igh  the  dams  and  locks  of  the  Shubenacadie  Canal  as  ^"iDg'throiifk 
shall  deem  proper,  to  be  enforced  by  penalties  not  ex-  cSna*"***^* 
ing  forty  dollars  for  each  breach  thereof. 

K    All  prosecutions  for  penalties  under  this   Chapter  ProscoBtion* 
be  had  either  before  two  justices  of  the  peace  or  before  how*hid  *Ae. 
Ige  of  the  Supreme  Court  as  a  summary  suit ;  and  any 
>n  may  prosecute  for  any  violation  of  this  Chapter  or  of 
order  of  sessions  made  thereunder ;  and  the  penalties 
1  recovered  shall  go  to  the  prosecutor. 

1.    Wliere  proceedings  are  before  two  justices  the  fol-  ^"^T^iSnt  ***** 
3g  form  of  summons  may  be  used,  but  any  process  which  ^^^ 
substantially  state  the  violation  complained  of  shall  be 
sient. 

Form  of  summons. 
To  any  of  the  constables 


m  are  hereby  commanded  to  summon  A.  B.  of ,  8»™"o°«- 

«  Ooun^  of ,  to  appear  before  us  at ,  ou 


COFTBIGHT. 


[appendix 


ConTietion. 


nexty  to  answer  to  the  suit  of  C.  D. 


86 

the day  of 

who  says  that  the  said  A.  B.  hath  violated  the  proyisioiiB  of 
the  acts  made  for  the  protection  of  the  river  fisheries  in  not 
providing  a  sufficient  waste  gate  or  slope  in  his  milldamy  or  in 
not  keeping  the  waste  gate  of  his  milldam  open,  pr  in  aUowing 
the  waste  gate  or  slope  of  his  milldam  to  be  so  obstructed  is 
to  prevent  the  tree  passage  of  fish>  in  unlawfully  setting  jwtoy 
wears  or  seines^  or  in  spearing  salmon.    . 

Witness  our  hands  this  —  day  of  — ,  A.  D.  18— w 

£.  F.  (ledL) 
G.  H.  (sed.) 

The  conviction  may  be  in  the  following  form: — ^'Hie 
withiA  named  A.  B.  having  been  duly  summoned  under  tl» 
annexed  writ,  and  having  been  duly  convicted  of  having  tio- 
lated  the  Chapter  of  the  Bevised  Statutes,  Third  Series,  'Of 
River  Fisheries,*  as  therein  mentioned,  we  hereby  give  judg- 
ment for  the  plaintiff  for  the  sum  of with  his  costL" 

£.  F.  (seal) 
O.IL(8eaL) 


OHAPTEE  116. 


O^pjrighU, 
how  Moare<*, 


OP  THB  LAW  OF  CfOPYRIQHT. 

Ir  The  author  of  any  map,  chart  or  book  printed,  or  of 
any  print  engraved  within  this  Province,  who  has  not  tran»- 
ferred  the  copyright  thereof,  and  any  other  person  who  bis 
legally  acquired  the  copyright  of  any  such  map,  chart,  book 
or  print,  in  order  to  publish  the  same,  shall  have  the  sok 
right  of  publishing  such  map,  chart,  book  or  print,  fer  the 
term  of  twenty-one  years  from  the  recording  the  title  «  the 
entry  thereof  in  the  office  of  the  Secretary  of  the  ProTince; 
and  the  author  of  any  map,  chart,  book  or  print,  not  public 
ed  within  the  Province,  his  executors,  administrators  or  assigni 
shall  have  the  sole  right  of  publishing  such  map,  chart,  book 
or  print,  for  the  like  term  ;  and  if  at  the  expiration  of  nA. 
term,  the  author  of  any  such  map,  chart,  book  or  print,  daH 
be  living,  the  same  right  shall  be  continued  to  him  for  tbe 
further  period  of  fourteen  years ;  but  he  shall  cause  the  tide 
thereof  to  be  a  second  time  recorded  and  published,  witfamiix 
months  before  the  expiration  of  the  first  term  of  twcn^-^** 
years ,-  and  no  person  shall  be  entitled  to  any  right 


B.]  COPTEIGHT.  87 

unless  he  shall  be  resident  within  the  Province  at  the  time  of 
application  therefor. 


2.  If  any  other  person  after  the  recording  of  the  title  of  fn^Ji^^Jtlpj- 
any  map,  chart  or  book,  and  publishing  the  same  within  the  Hgbt  by  impor- 
tunes limited,  shall  print  or  import  from  any  other  country 
copies  of  such  map,  chart  or  book  without  the  consent  of  the 
HQthory  and  proprietor  thereof  first  had  in  writing,  signed  in 
the  presence  of  two  witnesses,  or  expose  1o  sale  any  such  copy 
of  such  map,  chart  or  book,  such  offender  shall  forfeit  all 
copies  of  such  map,  chart  or  book,  and  all  sheets,  being  part 
of  the  same,  to  the  author  and  proprietor  thereof,  who  shall 
forthwith  destroy  the  same;  and  every  such  offender  shall 
fiii&it  not  less  than  twenty  cents,  nor  more  than  one  dollar  for 
every  sheet  found  in  his  possession,  to  whomsoever  will  sue  for 
tlie  same. 

8.     If  after  the  recording  the  title  and  entering  of  any  print,  i^frfS^nVeopy- 

any  person  whosoever  shall  engrave,  etch  or  work,  or  in  any  »?«*>*•  by  imiu- 

11  •    ..i_       1-  1         •         1.  I.  •  tion  or  other- 

manner  copy  or  sell  m  the  whole  or  m  part,  by  copymg,  vary-  wiw. 

ing,^ding  to  or  diminishing  from  the  main  design,  or  shall 
print,  reprint  or  import  for  sale  any  such  print,  or  any  part 
thereof,  without  the  consent  in  writing  of  the  proprietor 
thereof,  signed  in  the  presence  of  two  witnesses,  or  knowing 
the  same  to  be  so  printed,  reprinted  or  imported  without  the 
consent  of  the  proprietor,  shall  publish,  sell  or  expose  the 
same  to  sale,  such  offender  shall  forfeit  the  plates  on  which 
inch  print  shall  be  copied,  and  all  sheets  of  such  print,  and 
'  tSl  paffts  thereof  to  the  proprietor  of  the  original  print,  who 
ahall  forthwith  destroy  the  same;  and  such  offender  shall 
toK&ai  the  sum  of  four  dollars,  for  every  print  found  in  his 
isiifitody,  either  printed,  published,  or  exposed  to  sale,  or  other- 
wise disposed  of,  to  whomsoever  will  sue  for  the  same. 

4.     No  p^son  shall  be  entitled  to  benefit  under  these  pro-  -^  J?'*"*??  f^py 

-  r  .       *^  ,  lit  .        ,         -'^         of  the  title  to  be 

ifieiaiis  m  cases  where  any  map,  chart,  book  or  pnnt  has  been  registered  in 
idready  published,  unless  a  printed  copy  of  the  title  of  the  secret^w- 
mme  shall  before  publication  be  deposited  in  the  Secretary's  SSlttJo!*^  ^''^' 
eiflicef  who  shall  record  the  same  in  a  book  kept  by  him  for 
Aiit  purpose^  in  the  words  following,  and  give  a  copy  thereof 
Sl^dtr  his  hand  to  the  author  or  proprietor  if  required : — 
^^nmnce  of  Nova  Scotia. 

••Be  it  rejnembered  that  on  this  — —  day  of ,  A  D. 

18-— 9  A.  B.  of ,  in  the  said  Province,  has  deposited  in 

lllia  oifl&oe  the  title  of  a  map,  [chart y  book  or  print,  as  the  ease 
HMNV  ftej  the  copyright  whereof  he  claims  in  the  words  fol- 
f^twiiig :  {here  insert  the  title,]  in  conformity  with  Chapter 
epe  liwwed  wd  sixteen  of  the  Bevised  Statutes. 

C.  D.,  Provincial  Secretary.'* 

JPSiir  wlttoh  ovtificate  the  Secretary  shall  receive  one  dollar^ 


88  FATKNTS.  [aPFKNIHX 

and  one  dollar  for  every  copy;  and  the  author  or  proprietcff 
shall  cause  a  copy  of  such  record  to  he  inserted  at  full  length 
in  the  title  page,  or  in  the  page  following  the  title  page  of  sach 
book ;  and  if  a  map,  chart  or  print,  the  following  words  shall 
be  impressed  on  the  face  thereof:  *^  Entered  according  to  kw 

on  the day  of ,  18 — ,  by  A.  B.,  of ." 

SSy  Sserting*'  ^*  ^^  ^^7  pcrson  not  having  legally  acquired  the  copyri^ 
reffTtered*  ^^^^  print  or  publish  any  map,  chart,  book  or  print,  and  shall 
insert  therein  or  impress  thereon  that  the  same  has  been  en- 
tered according  to  law,  or  words  purporting  the  same^  he  shaD 
forfeit  four  hundred  dollars,  to  be  applied  as  hereioafier 
directed. 
icSoM***"  ®'  6.  Actions  under  this  Chapter  shall  be  commenced  within 
three  years  from  the  time  when  the  cause  of  action  accmed. 

Note.  This  chapter  repealed  by  section  19  of  chapter  64,  Canada,  1868,— Ur  (%- 
right  Act  of  1808 ;  except  that  the  aboye  sections  are  oy  section  28  continned  Is  ftm 
as  to  unexpired  copyrights  acquired  before  the  tweniy-secood  day  of  ICay,  180. 


OHAPTEE 117.       / 

OP  PATENTS  »0R  USEFUL  INVENTIONS. 


Letters  patent,  1.  Whenever  any  person  resident  in  the  Province,  and 
whom°to  be  ob-  who  shall  have  resided  therein  for  the  space  of  one  year  pre- 
tained.  vious  to  his  application,  shall  apply  to  the  Governor,  allying 

that  he  has  discovered  any  new  and  useful  art,  machine, 
manufacture  or  composition  of  matter  or  any  new  or  useful 
improvement  thereon  not  heretofore  used  or  known,  and  pray 
that  a  patent  may  be  granted  him  for  the  same,  the  Governor 
may  direct  letters  patent  to  be  issued,  reciting  therein  the  al- 
legations of  such  petition,  and  giving  a  short  description  of 
such  invention,  and  shall  thereupon  grant  to  the  person  so 
applying  for  the  same  and  his  representatives  for  a  term  not 
exceeding  fourteen  years  the  exclusive  right  of  making,  using 
apd  vending  the  same  to  others,  which  letters  patent  shall  be 
good  and  available  to  the  grantee,  and  shall  be  recorded  in  the 
Secretary's  office  in  a  book  for  that  purpose,  and  shall  then  be 
delivered  to  the  patentee. 
Patentees  of  2.     Where  any  letters  patent  shall  be  obtained  by  any  [»• 

nofto  WW  any    SOU  for  any  such  invention,  and  thereafter  any  other  pen* 
tion;°<Irii°Jai"'   ^^^^  discover  any  improvement  in  the  principle  or  prooei^rf 
Sei*5«f*improJ^  ^"^7  ^^^h  invention,  and  shall  obtain  letters  patent  for  the  O- 
cd  patent.         clusivo  right  of  such  improvement,  the  person  who  shall  dxM  i 
such  new  patent  shall  not  make,  use  or  vend  the  o6(gai  M 


PATENTS.  89 

invention,  nor  shall  the  original  patentee  make,  use  or  vend 
any  such  improyement. 

8.  The  simple  change  of  the  form  or  proportions  of  any  2**ro**rUoM° 
machine  or  composition  of  matter  shall  not  be  deemed  a  dis-  not  deemed  an 
covery  or  improvement  within  the  meaning  of  this  Chapter.       mproTemen . 

6.  Any  person  may  receive  from  the  Secretary's  office  any  SS*pauint*ind 
copy  of  such  letters  patent,  or  of  the  petition  whereon  the  drnwin«,how 

^^  .!/•  <!•  .1  charged  for. 

same  were  granted,  or  of  any  paper  or  drawmg  connected 
therewith,  on  paying  ten  cents  a  foUo,  and  a  reasonable  fee  for 
every  copy  of  such  drawings. 

8.  Before  any  person  shall  obtain  any  letters  patent  he  Descriptions, 
shall  deliver  into  the  Secretary's  office  an  intelligible  and  exact  and  modeu  u> 
description  of  such  invention,  and  of  the  manner  of  using,  or  the  pro^nciai  ° 
process  of  compounding  the  same,  so  as  to  enable  any  person  SSS!*'^'* 
skilled  in  the  science  of  which  it  is  a  branch  to  make  and  use 

the  same ;  and  in  case  of  any  machine,  shall  deliver  a  model, 
and  explain  the  principle  by  which  it  may  be  distinguished 
from  other  inventions,  and  shall  accompany  the  whole  with 
drawings  and  written  references  where  the  case  admits  of 
drawings,  or  with  specimens  of  the  ingredients  sufficient  for 
the  purpose  of  experiment  where  the  invention  is  a  composi- 
tion of  matter,  which  description,  signed  by  such  person  and 
attested  by  two  witnesses,  shall  be  filed  in  t)ie  Secretary's  ^ 

office,  and  copies  thereof,  certified  by  the  Provincial  Secretary, 
shall  be  competent  evidence  in  all  courts  where  matters  con- 
cerning such  letters  patent  may  come  in  question;  but  the 
Grovemor  may  upon  special  grounds  being  shewn  dispense 
with  the  delivery  of  the  model  at  the  Secretary's  office  if  he 
shall  deem  it  right  to  do  so. 

9.  Any  patentee  may  assign  all  his  right  in  such  invention  5*^2  nJaJ  be 
and  discovery  to  any  person ;  and  the  assignee  thereof,  having  "signed ;  aa- 
recorded  such  assignment  in  the  Secretary's  office,  shall  stand  recorded* 
in  the  stead  of  the  original  patentee  as  well  as  regards  all  his 

rights  as  all  his  liabilities;  and  the  assignee  of  any  such 
assignee  shall  also  be  considered  to  be  in  the  stead  of  the  origi- 
nal patentee. 

10.  Whenever  any  letters  patent  shall  be  granted  to  any  g^Vy  "usiMor*' 
person,  and  any  other  person,  without  the  consent  of  the  teiitog  a  patent. 
patentee  or  his  representatives  first  had  in  writing,  shall  make, 

use  or  sell  the  invention  or  discovery  whereof  the  exclusive 
Tight  is  secured  to  such  patentee,  the  person  so  offi^nding  shall 
be  answerable  to  him  or  his  representatives  in  damages. 

11.  The  defendant  in  such  action  may  give  this  Chapter  ^,*?y^»  ^ 
and  every  special  matter  in  evidence  to  prove  that  the  specifi-  whatnMjbe 
cation  filed  by  the  patentee  does  not  contain  the  whole  truth  SllS.*"  ^' 
zdatiye  to  tne  invention  or  discovery  alleged  to  have  been 

made  by  him^  or  contains  more  than  is  necessary  to  ^toduc^ 


90  8UPRBME   COURT  AND  ITS  0FFICEB8.       [APPENDIX 

the  described  effect^  which  concealment  or  addition  shaU  fully 
appear  to  have  been  fraudulently  madoi  or  that  the  inventum 
or  discovery  so  secured  by  letters  patent  was  not  originally 
discovered  by  the  patentee,  but  had  been  in  use  or  had  been 
described  in  some  public  work  anterior  to  the  supposed  inven- 
tion or  discovery  of  such  patentee,  or  that  such  patentee  had 
surreptitiously  obtained  such  letters  patent  for  the  invention 
or  discovery  of  some  other  person,  in  either  of  which  cases, 
upon  proof  thereof,  the  verdict  shall  be  found,  and  judgment 
entered  thereon  for  the  defendant  with  costs^  and  such  letter* 
patent,  by  the  court,  shall  thereupon  be  adjudged  void. 

Note.— This  Chapter  was  repealed  by  Chapter  11  Canada,  1860.  Section  ft2;  Vol  all 
rlghtn  acquired,  ana  penalties  or  liabilities  Incurred  under  the  foregoing  aeetloiia  previ- 
ous to  the  twenty-siHiond  day  of  Joiie,  1869,  are  reaerred  and  oontlnaed.  B—  aim 
Chapter  86  Canada,  1874. 


0HAPTEE123. 

OF  THE  BUPREICB  COURT  AND  ITS  OFFICERS. 


Criminal  ealen*  %  •     »      t  tui  ii 

^  and  deposi-  17.  A  Calendar  of  the  cnnunal  causes  shall  be  sent  by  toe 
to  the  grand  Clerk  of  the  Crown  to  the  grand  jury  in  each  term,  together 
m^ti.when  With  the  depositions  taken  in  each  cause,  and  the  names  of 
made  out.  ^^  different  witnesses  ;  and  the  indictments  are  not  to  be  made 
out,  except  in  Halifax,  until  the  grand  jury  shall  so  direct 

Note.— The  remainder  o!  this  Chapter  incorporated  in  the  Fourth  Seriea. 


OHAPTEE  126. 

As  amended  by  Chapter  13,  1866,  and  Chapter  22,  1870. 

OF  THE  COURT  FOR  DIVORCE  AND  MATRHCONIAL  CAUSES. 

Jj^fireinEjiuity       1.     The  Judgc  in  Equity  for  the  time  being  sh^  be  the 
ary.  Judgc   Ordinary  of  the  Court  for  Divorce  and  Matrimonial 

Causes. 
poinSeSf  "^  ^-  During  the  illness  or  temporary  absence  of  the  Judge 
Ordinary  or  in  cases  where  he  may  be  disqualified  from  actii^ 
from  any  cause,  the  Governor  in  Council  shall  if  necessaiy  \^ 
warrant  under  his  hand  and  seal  appoint  the  Chief  JuMJM  CpT 
one  of  the  Judges  of  the  Supreme  Court  to  act  at  Jll%P 


B.]  DIYOBCE   AND   MATKIMONIAL.  91 

Ordinary  during  such  illness,  absence  or  disqualification^  who 
when  so  acting  shall  have  and  exercise  all  the  powers  aQd  juris- 
diction conferred  on  the  Judge  Ordinary  by  this  Chapter  or 
any  other  enactment 

3.  The  Governor  shall  direct  a  seal  to  be  made  for  the  ^^  <>'  «>«'*• 
Court,  and  may  direct  the  saqie  to  be  broken,  altered,  or  re- 
newed at  his  discretion  ;  and  all  decrees  and  orders,  or  copies 

of  decrees,  orders  or  proceedings  of  the  Court,  sealed  with  such 
seal,  shall  be  received  in  evidence. 

4.  The  present  Registrar  shall  continue  in  office;  and  on  ^•»*«*»*'« 
any  vacancy    occurring    the    Governor    shall    appoint  the 
Registrar  of  the  Court. 

6.     The  rules,  orders,  process,  and  other  proceedings  of  the  2jBoi3ei?*io. 
Court,  may  be  signed  by  the  Registrar  ;  and  the  signature  of 
the  Judge  Ordinary  shall  not  be  necessary  unless  the  Court 
shall  otherwise  order. 

6.  The  Court  shall  have  jurisdiction  over  all  matters  re-  Jojrjjdicuoi  oi 
lating  to  prohibited  marriages  and  divorce,  and  may  declare 

any  marriage  null  and  void  for  impotence,  adultery,  cruelty, 
or  kindred  within  the  degrees  prohibited  in  an  act  made  in  the 
thirty-second  year  of  King  Henry  the  Eighth,  entitled  ^  An 
Act  concerning  Pre-contracts;  and  touching  Degrees  of  Con- 
sanguinity " :  provided  that  no  marriage  shall  hereafter  be 
deemed  to  be  null  and  void  by  reason  of  pre-contract ;  and 
whenever  a  sentence  of  divorce  shall  be  given,  the  Court  may 
pronoimce  such  determination  as  it  shall  think  fit  on  the  rights 
of  the  parties  or  either  of  them  to  courtesy  or  dower. 

7.  The   Court  may  direct  the  examination  of  witnesses  Jjf^  *°*  *•**' 
orally ;  may  declare,  by  definitive  sentence  or  otherwise,  the 
marriage  between  the  parties  in  the  suit  to  be  null  and  v.oid 

from  such  time  as  the  Court  may  deem  proper ;  niay  allow 
costs  and  alimony  to  the  wife  during  the  suit ;  and,  upon  its 
termination,  may  award  costs  to  either  of  the  parties. 

9.  The  Court  may  enforce  the  performance  of  any  sentence  ^««o*>o°« 
by  means  of  an  execution  similar  jto   that  issued   out  of  the 
Supreme  Court ;  and,  when  any  property  is  sold  by  virtue  of 

such  execution,  the  proceeds  thereof,  deducting  poundage  and 
expenses,  shall  be  paid  into  the  registry  of  the  Court,  to  be 
disposed  of  as  the  Court  may  direct 

10.  Either  party  dissatisfied  with  any  decision  of  the  Court  pJSSJfUiS* 
xnay,  within  fourteen  days  after  the  pronouncing  thereof,  appeal 
ti^refrom  to   the  Judges  of  the  Supreme  Court,  of  whom 

three  at  the  least  in  addition  to  the  Judge  Ordinary  shall  form 
a  qu^orum ;  and,  on  the  hearing  of  any  such  appeal,  the  appeal 
court  may  either  dismiss  the  appeal  or  reverse  the  decree  or 
remit  the  case  to  the  Court,  to  be  dealt  with  as  the  appeal  court 
■hall  direct 


\ 


9« 


DIVORCE   AND  MATRIMOKIAL. 


[appendix 


Partief  may 
m«ri7  again. 


Pro¥iao. 


AliMony,  In  di8> 
cretion  of  ooart. 


Powers  sameaa 
of  EnglUih 
court 


Exception!. 


Examination  of 
wltneues. 

Rales  of  evl- 
denee  same  as 
in  supreme 
court. 


In  cases  of 
cruelty,  hus- 
band and  wife 
competent 
witnesses. 


Who  guilty  of 
peijury. 


11.  After  the  periodlimited  for  appealing  shall  have  ex- 
piredy  and  no  appeal  shall  have  been  presented  against  such 
decree  of  dissolution  of  marriage,  or  when  any  such  appeal 
shall  have  been  dismissed,  or  when  on  the  result  of  any  appeal 
any  marriage  shall  be  declared  to  be  dissolved,  and  not  sooner, 
it  shall  be  lawful  for  the  respective  parties  thereto  to  marry 
again,  as  if  the  prior  marriage  had  been  dissolved  by  death: 
but  no  minister  shall  be  liable  to  any  penalty  for  refusing  to 
publish  any  banns  of  marriage,  or  to  solemnize  a  marriage  either 
after  banns  or  by  license,  in  any  case  where  either  of  the  persons 
desiring  to  be  married  shall  have  been  so  divorced. 

12.  The  Court  may,  if  it  shall  see  fit,  on  any  decree  for 
dissolution  of  marriage,  order  that  the  husband  shall  to  the 
satisfaction  of  the  Court  secure  to  the  wife  such  gross  sum 
of  money,  or  such  annual  sum  of  money,  for  any  term  not  ex- 
ceeding her  own  life,  as  having  regard  to  her  fortune  (if  any), 
to  the  ability  of  the  husband,  and  to  the  conduct  of  the  parties, 
it  shall  deem  reasonable ;  and  in  respect  thereof  shall  have  the 
like  powers  as  are  possessed  by  the  Court  for  Divorce  and 
Matrimonial  Causes  in  England. 

13.  The  Court  shall  have  the  same  powers  in  respect  of 
or  as  incidental  to  divorce  and  matrimonial  causes,  and  the 
custody,  maintenance*  and  education  of  children  as  are  pos- 
sessed by  the  Court  for  Divorce  and  Matrimonial  causes  in 
England ;  except  as  enlarged,  abridged,  altered  or  modi- 
fied by  this  Chapter.  But  in  causes  instituted  on  the  ground 
of  adultery,  the  Court  shall  not  have  authority  to  permit  the 
introducing  co-respondents,  or  to  try  the  issue  of  fact  by 
jury. 

14.  The  examination  of  witnesses  shall  take  place  before 
an  examiner  to  be  appointed  by  the  Court,  unless  oral  exami- 
nation shall  be  directed.  And  the  rules  of  evidence  observed 
in  the  Supreme  Court  shall  be  applicable  to,  and  be  observed 
in  the  trial  of  all  questions  of  fact  in  this  Court.  And  all  Pro- 
vincial Acts  that  relate  to  the  examining  of  witnesses  de  hent 
esse,  or  abroad,  or  the  taking  of  evidence,  or  depositions,  shall 
equally  apply  to  this  Court  as  to  the  Supreme  Court,  unless 
in  cases  where  special  exceptions  preclude.  But,  in  proceed- 
ing j  by  a  wife  by  reason  of  adultery,  coupled  with  cruelty, 
nothing  in  the  forty-fourth  or  forty-sixth  sections  of  Chapter 
135  of  the  Revised  Statutes,  Third  Series,  shall  prevent  the 
husband  and  wife  respectively  ifrom  being  competent  and  com- 
pellable to  give  evidence  of  or  relating  to  such  cruelty. 

15.  All  persons  wilfully  deposing  or  affirming  ftdselyiB 
any  proceedings  before  the  Court,  shall  be  deemed  guilty  rf 
perjury,  and  shall  be  liable  to  all  the  pains  and  penaldei  il- 
tacned  Iheielo. 


B.]  STIPENDIABjr   MAGISTRATES.  98 

16.  AfEdavitSy  declurations  or  afSrmations  taken  in  such  Affidavits,  &e., 
manner  as  to  be  used  in  the  Supreme  Court,  whether  taken  in  admu«ibi«  m  in 
England  or  in  any  of  Her  Majesty's  possessions,  or  in  parts  ■"P'*™*  *^"'*' 
out  of  Her  Majesty's  dominions,  may  be  received  as  sufficient- 
ly authenticated  by  the  Court  subject  to  the  rules  of  the  Court. 

17.  The  Court  shall  make  such  rules  and  regulations  con-  SAk^^elt  to 
cerning  the  practice  and  procedure  of  the  Court,  as  it  may  JJjJ®  whSn^*^' 
from  time  to  time  consider  expedient ;    and  shall  have  full  ??J*"^®^  *" 
power  from  time  to  time  to  revoke  or  alter  the  same.     But 

such  rules  shall  not  go  into  operation  uv  til  they  shall  have 
been  published  in  the  Royal  Gazette.. 

18.  The  Judge  Ordinary  may  sit  at  Chambers  when  he  i'jJ'dPit*"**^ 
shall  deem  it  expedient  to  do  so ;  and  when  so  sitting  shall  Ohamben. 
have  and  exercise  the  same  powers  and  jurisdiction  in  respect 

to  the  business  to  be  brought  before  him  as  if  sitting  in  open 
Court.     And  the  Judge  Ordinary  when  sitting  in  open  Court  j^^^  ordinary 
and  at  Chambers  shall  have  and  exercise  the  like  authority  and  ^  fudiJe^rral! 
control  over  the  persons  appearing  or  practising  before  him  as  p^*"**  «>nrt 
the  Judges  of  the  Supreme  Court  have  and  exercise  over  per-  court. 
sons  appearing  and  practising  before  them  therein. 

19.  The  Court  on  the  hearing  of  any  suit,  proceeding,  or  Oo«to. 
petition,  and  the  appeal  court  on  the  hearing  of  any  appeal,  may 
make  such  order  as  to  costs,  as  to  such  courts  respectively  may 
seem  just.     Provided  that  there  shall  be  no  appeal  on  the  sub-  Provito. 
ject  of  costs  only. 


OHAPTEE  129. 

OF    BTIPKNDIARY    OR    POLICE    MAGISTRATES: 

As  amended  by  Chapter  6,  1865,  Section  1. 


1.     The  general  sessions  of  any  county  or  district  upon  ap-  Police  dividon. 
plication  by  petition,  signed  by  at  least  fifty  freeholders  in  any 
proposed  police  division,  may,  if  they  think  fit,  appoint  a  com- 
mittee of  three  disinterested  persons  to  inquire  into  and  report 
upon  the  propriety  and  expediency  of  creating  such  divisions. 

S.  Such  committee,  if  approving  thereof,  shall  assign  the  f^^off  •ISSb.**' 
limits,  and  assign  a  name  to  any  such  proposed  division,  and 
report  the  same  in  writing  to  the  court,  and  thereupon  the 
Clerk  of  the  Peace  shall  cause  the  substance  of  such  report  to 
be  advertised  by  notice,  put  up  in  at  least  two  of  the  most 
pablic  places  of  the  proposed  police  district,  and  that  the  con- 
finaadon  of  the  same  will  be  considered  at  the  next  general 


M  STTPBNDtAItY  MAGISTRATES.  [APPENDIX 

sessions^  but  such  notice  shall  not  be  required  on  reporting  any 
application  from  the  town  of  New  Glasgow  or  Truro ;  but  the 
court  may  proceed  at  once  to  the  confirmation  of  any  report  of 
a  committee  recommending  the  appointment  of  a  stipendiary 
magistrate  for  either  of  said  towns. 
Regort  of^eoiB-      g^     ^^^  g^^^j^  report  may  be  approved  of  by  the  grand  jury 
•pproved.         j^^j  confirmed  by  the  court,  or  otherwise  may  be  confirmed 
at  a  special  sessions  called  for  that  purpose  during  the  sittiog 
of  the  Supreme   Court  in  any  county,  and  with  the  approval 
of  the  grand  jury  theil  assembled ;  provided  that   notice  of 
such   intended   confirmation  be  posted   by  the  Clerk  of  the 
Peace   in   three   public   places   within  such  proposed  police 
JJJjJjJJ'J  division  for  ten  days  previously.     On  such  report  being  ap- 

proved   and  confirmed     as  aforesaid,  the  place    within  the 
limits   contained  therein,   shall  thenceforth  be  and  become  a 
police  division,  by  the  name  assigned  in  such  report,  and  shall 
be  subject  to  the  provisions  of  this  Chapter. 
joffuSelMnpo-        ^'     Within  ten  days  after  the  creation  of  any  stich  police 
lice  division,      division,  the  Clerk  of  the  Peace  for  the  county  shall  summoD 
the  justices  residing  within  the  limits  of  the  division  to  meet  at 
some  central  place  therein,  to  carry  out  the  provisions  of  thii 
Chapter ;  and  shall  attend  at  such  meeting  and  record  the  pro* 
ceedings  thereof. 
in«5JSf/how  5-     '^^^  majority  of  the  justices  present  at  such  meeting 

appointed,  &o.  shall  proceed  to  select  one  or  more  of  their  number  to  be  sti- 
pendiary justices  for  the  division,  who  shall  continue  in  office 
until  superseded  by  the  order  of  the  majority  of  the  justices 
residing  within  the  division,  or  until  they  cease  to  be  justices 
of  the  peace, 
dnuai^c!^"*  6.  The  stipendiary  justice  or  justices  selected,  or  one  of 
them,  shall,  whenever  occasion  may  require,  or  he  or  they  may 
think  necessary,  act  a  police  court  within  the  aforesaid  limits, 
and  shall  have  and  exercise  all  powers  necessary  for  the  preser- 
vation of  the  public  peace  and  good  order,  the  protection  of 
property,  and  the  repressing  oflFences  against  the  sabbath,  or 
using  profane  or  obscene  language,  and  shall  also  have  power  to 
hear  and  determine  in  a  summary  manner,  all  larcenies  where 
the  value  of  the  goods  stolen  shall  not  exceed  twenty  dollars, 
receiving  of  stolen  goods,  assaults,  batteries,  riots,  petty  tres- 
passes, malicious  or  wanton  injuries  to  property,  and  breaches 
of  the  peace,  committed  within  the  limits  aforesaid. 
poHcrmS^J?"*  7,  In  districts  where  only  one  stipendiary  police  magistrate 
trate  appointed,  has  bccn  appointed,  such  police  magistrate  shall  require  tiw> 

on  trial  of  lar-  .      ^,  ^  ^^  '  ^.  ,         .  ,    ? .  .i       .  •   i     /    n  i^ 

cenieii,  two  jue-  justiccs  of  the  pcacc  to  preside  with  him  on  the  trial  of  all  utf- 
hun!  **  cenies  ;  and  a  jury  of  three  persons  shall  be  sworn  to  try  A* 
J^T'  ofiFender,  if  required  by  him. 

Pnnjijnmeat,  Q     ^he  court  shall  have  power  to  piinish  offendm  qMl    4 


B.]  STIPENDIAKT   MAGISTRATES.  95 

conTictioii  of  any  offences  within  their  jurisdiction^  by  imprison- 
ment in  the  lock-up  house  or  county  jail,  for  a  period  not  ex- 
ceeding sixty  days,  or  by  fine,  not  exceeding  in  any  case  twenty 
dollars  and  costs  of  prosecution  ;  and  in  case  of  non-payment 
of  the  fine  and  costs,  may  commit  the  offender  to  the  lock-up 
house  or  jail,  for  any  time  not  exceeding  sixty  days. 

9.  Offences  shall  be  prosecuted  in  every  case  within  two  Ii?JI*^®°  ®' 
months  after  commission. 

10.  No  such  conviction  shall  be  quashed  for  want  of  form,  Oonviotfon,  Ac, 
and  no  warrant  of  commitment  shall  be  held  void  by  reason  of  ed  for  want  of 
any  defect  therein,  so  as  it  be  therein  alleged  that  the  party  has 

been  convicted  of  some  offence,  named  therein. 

11.  The  police   court  shall  have  power  to  hold  persons  ScoJniUMcSI'* 
charffed  with   offences,  as  under  recognizances  with  sureties,  for  MMiona  or 

-.  J  •      ^L      o  r^      _^  ^u  ^      r  Sayr«n>«  court. 

to  appear  and  answer  m  the  Supreme  Court  or  the  court  of 
sessions,  and  for  want  of  recognizance  to  commit  to  the  lock-up 
house  or  county  jail. 

12.  All  process  issued  by  the  court  shall  be  signed  by  one  JJ"***2d**  *^^ 
or  more  of  the  justices. 

13.  Such  justice   or  justices   on  their  appointment,  shall  q/*p*55JJ™*^°* 
appoint  a  police  constable,  who  shall  have  power  within  the  constable,  his 
raid  limits  to  arrest  any  person  who,  in  his  presence,  shall  be  ^^^^' 
guilty  of  any  of  the  offences  within  the  cognizance  of  such 

police  justices,  and  take  them  before  one  or  more  of  the  justices, 
and  if  such  justice  shall  consider  it  necessary,  the  police  court 
shall  meet  and  adjudicate  upon  the  case  ;  but  no  person  shall  Court,  when 
be  detained  in  custody  from  the  time  of  his  arrest  until  the  hear-  ofparuca 
ing  of  his  case  more  than  thirty  hours,  except  the  arrest  be  made  ^■"^•^»  *^**'' 
on  Saturday ;  but  upon  a  hearing  the  person  in  custody  may 
be  remanded  for  the  procuring  of  evidence  or  other  sufficient 
cause  ;  but  nothing  herein  shall  prevent  any  person  so  arrested 
from  being  delivered  on  bail,  if  entitled  to  be  so  delivered  ; 
and  such  justice  or  justices  may  dismiss  any  such  police  cons- 
table and  appoint  another. 

14.  All  persons  shall  be  bound  on  request  to   assist  the  '^^  p*"®°* 
constable  in  the  execution  of  his  duty,  and  any  person  refusing  constable. 
shall  be  fined  not  less  than  one  dollar,  nor  more  than   four  pioe. 
dollars,  by  any  one  of  such  justices. 

16.     The  salaries  of  the  stipendiary  justices  and  constables  s«uriet. 
orer  and  above  their  fees  hereinafter  prescribed,  shall  be  fixed 
bgr  the  court  of  sessions,  and  shall  be  assessed  and  collected 

Sr  an  equal  rate  upon  the  rateable  inhabitants  of  the  police 
▼iaion,  in  the  same  manner  as  poor  rates  are  collected. 
16.  The  Clerk  of  the  Peace  for  the  county  shall  make  out  How  collected. 
tbB  collector's  roll  for  the  police  division,  and  the  same  shall 
be  odleotBd  by  a  collector  for  the  police  division,  to  be  approved 
by  die  aesnons  in  the  same  manner  as  other  county 
cffioen* 


96 


INSOLVENT  DEBTORS. 


[appendix 


ScMlont  may 
make  re^la* 
tioni. 


Jarifldictton  of 
police  magla- 
trate.in  ciril 
matter. 

Feet. 


17th  claase  to 
applr  to  town 
of  Pictou. 


Appeal. 


17.  The  general  sessions  shall  have  power  to  make  r^a- 
lations  for  the  preservation  of  the  peace  within  any  such 
police  division ;  provided  the  same  shall  not  be  repugnant  to 
law. 

18.  Any  such  police  magistrate  shall  in  all  civil  matten 
have  the  same  jurisdiction  as  is  now  conferred  upon  two 
justices. 

19.  The  fees  hereinafter  enumerated  shall  be  chargeable 
for  the  services  herein  mentioned,  viz: 

For  affidavit — ^twenty  cents. 

For  warrant — ^fifty  cents. 

Service  of  process — twenty-five  cents. 

Recognizance — sixty  cents. 

Judgment — ^twenty  cents. 

Warrant  of  commitment — twenty  cents. 

Subpoena — ten  cents. 

20.  The  seventeenth  clause  shall  be  applicable  to  the 
police  court  for  the  Town  of  Pictou  ;  and  appeals  in  thit 
court  shall  only  be  granted  under  the  provisions  of  said 
clause. 

21.  A  party  aggrieved  by  any  judgment  for  any  sum  of 
money  as  debt,  damage  or  penalty  under  this  Chapter,  shall  be 
entitled  to  an  appeal  there&om  in  the  same  way  and  on  tbe 
same  terms  as  appeals  are  allowed  from  the  judgments  of 
justices  of  the  peace,  but  in  no  other  cases. 


OHAPTEE  137. 


OF  THE  BELIEF  OF  INSOLVENT  DEBTORS. 

As  amended  by  Chapter  4,  1868. 
commissionera        1      Commissioners  for  ffivinff  relief  to  insolvent  debtors  shall 

appointed,  how.  •    .     i   u      i.U      r^  '      n  '1 

be  appointed  by  the  Governor  m  Oouncil. 

2.  Where  any  person  imprisoned  upon  any  writ  of  mesne 
process,  execution  or  attachment  for  non-payment  of  money, 
issuing  out  of  the  Supreme  Court,  shall  desire  to  take  tbc 
benefit  of  this  Chapter,  he  shall  exhibit  a  petition  to  a  judge 
of  the  Supreme  Court,  or  to  two  commissioners,  praying  fa 
his  discharge.  The  petition  shall  be  accompanied  by  a  schad* 
ule  of  all  the  property,  real  and  personal,  of  the  debtor,  of  ill 
debts  due  or  growing  due  to  him,  and  of  all  securities  by  bill 
held,  which  might  by  any  possibility  be  made  available^  V 
whic£.  might  become  assets  in  the  hands  of  his  representatif^i 


Prisoner  to  ex 
hibit  petition, 
and  Rchedule 
nnnexed. 


i 


B.]  INSOLVENT  DEBTOBS.  97 

and  also,  so  &r  as  the  same  can  be  obtained  by  the  debtor,  a 
statement  showing  the  amount  of  his  liabilities. 

3.  The  judge  or  commissioners  shall  thereupon  forthwith  5""°JJ"^J'^ 
issae  a  summons  calling  upon  the  creditor  at  whose  suit  the 

debtor  is  imprisoned,  at  a  certain  time  or  place  to  be  therein 
named,  to  show  cause  why  such  prisoner  should  not  be  dis- 
charged. 

4.  True  copies  of  the  summons   and  schedule  shall  be  SSMMdwhe- 
serred  on  the  creditor,  his  attorney  or  agent,  or  where  a  debtor  duie,how»cr- 
18  imprisoned  at  the   suit  of  the   Crown,  on  the  Attorney  dateof  ■errioe 
General,  at  least  forty-eight  hours  before  the  time  appointed  proportioned^o 
for  shewing  cause ;  and  where  the  creditor,  his   attorney  or  ^*"*"««' 
agent,  or  the  Attorney  General  shall  reside  more  than  twenty 

miles  from  the  place  so  appointed,  twenty-four  hours  additional 
shall  be  allowed  for  every  additional  twenty  miles.  The 
service  of  such  copies,  if  not  admitted,  must  be  proved  on 
oath  by  the  person  serving  the  same,  which  oath  may  be  ad- 
ministered by  a  justice  of  the  peace,  and  a  further  time  may 
be  allowed  for  the  examination,  in  the  discretion  of  the  judge 
or  commissioners,  where  the  creditor  himself  has  not  been 
served. 

5.  In  cases  where  the  insolvent  debtor  is  imprisoned  under  2jSStwhere 
process  issued  out  of  a  court  of  justices  of  the  peace,  or  that  of  ^JJS^^"^"" 
any  stipendiary  magistrate,  the  notice  required  by  the  next  cases  out  of 
preceding  section  may,  in   cases  where  the   plaintiff  is  not  ac.  ****^" 
resident  in  the  county,  be  served  upon  the*  agent  at  whose 
instance  the  process  was  issued.     If  there  be  no  agent  within 

the  county,  and  if  the  plaintiff's  place  of  residence  be  out  of 
the  Province  or  unknown,  the  notice  may  be  left  with  the 
justice  or  stipendiary  magistrate,  whose  name  is  first  subscribed 
to  the  process,  and  the  same  shall  be  considered  a  service  upon 
4he  plaintiff 

6.  At  the  time  appointed  the  judge  or  commissioners  shall,  ^tS^areS  to 
if  desired  by  the  creditor,  administer  an  oath  to  the  debtor  in  priMner  if  ra- 
the following  form :  ^ 

''  I,  A.B.,  do  swear  that  I  will  ti*ue  answer  make  to  all  such 
questions  as  shall  l)e  asked  me  on  this  examination." 

7.  The  judge  or  commissioners  shall  give  an  order  for  the  ^JlJ®*' 'upon»§. 
discharge  of  the  debtor,  unless  in  the  cases  hereafter  provided  ^™*?*^^*'. 
for^  npon  the  debtor's  making  an  assignment  to  the  creditor  form  of  oath;  ' 
in  tnist  for  the  payment  of  the  debt,  of  his  real  and  personal  Se'n^^^d'^n^ 
property,  upon  his  taking  and  subscribing  an  oath  to  the  foUow-  JJJJ^."'*"* 
iDgeffiMit: 

**  1,  A.  B.,  do  swear  that  the  schedule  'annexed  to  my 
petition  ^pMi^iw  a  true  account  of  all  the  real  and  personal 
estate  which  I  or  any  person  in  trust  for  me  at  the  time  of  my 
petitam  had^  or  now  have,  or  may  hereafter  have,  except  the 

7 


98  INSOLVENT    DEBTOKS.  [APPEaOHl 

wearing  apparel  and  bedding  for  me  and  mjr  fiimilr,  and  the 
tools  or  instruments  of  my  trade  or  calling,  not  exceeding  fiirtT 
dollars  in  the  whole  ;  and  that  I  have  not  since  my  imprison- 
ment or  before  conveyed  in  trust  for  myself,  or  ot)ierv«ise,  ex- 
cept as  in  such  schedule  mentioned,  any  part  of  my  propcrtr 
whereby  to  defraud  anv  of  my  creditors.  So  help  me 
God." 

The  taking  of  which  oath  may  be  "waived  by  the  creditor ; 
and  in  case  of  imprisonment  under  mesne  process,  if  the  jad^ 
or  commissioners  are  satisfied  of  the  existence  and  amoant  vk 
the  debt,  the  debtor  shall  sign  a  confession  of  judgment  there- 
for, and  shall  do  such  other  acts  as  the  judge  or  commissioiiers 
shall  direct. 

Dobujr*  at  the        8.     When  a  debtor  is  imprisoned  at  the  suit  of  the  Crown.. 

crown,  iiow       and  the  judge  or  commissioners  are  satisfied  of  the  insolvcncT 

-li^ehartfci.  of  such  debtor,  he  or  they  shall  certify  the  same,  together  with 
an  inventoiy  of  all  the  property  of  the  debtor,  and  the 
Governor  may  thereupon  by  warrant  under  his  hand  and  seal 
order  the  Attorney  General  to  assent  onl)elialf  of  Her  Majesty 
to  the  discharge  of  the  insolvent,  either  with  or  without  an 
assignment  of  his  property. 

I'risoner  mnv  7.     If  the  Creditor,  or  in  his  absence  his  attomev  or  aseiit, 

be  rcniAnavd  on     ,,,-,.,.        ,  /•    i        •     n  ""       .      . 

aiu.'.avii.  shall  forthwith,  m  the  presence  oi  the  judge  or  commissioners, 

make  an  affidavit  in  writing,  stating  that  he  has  good  reason  to 
be  dissatisfied  with  the   account  given,  an.l  Ijelieves   that  the 
debtor  has  not  disclosed  the  whole  truth,  or  has  other  property 
than  that  by  him  admitted,  the  judge   or  commissioners  shall 
remand  the  debtor  and  appoint  another  day  for  the  further  iear- 
ing  of  the  mutter,  and  shall  on    that  day  again  meet  and  dis- 
charge or  remand  the  debtor,  or  make  such  further  order  as  the 
justice  of  the  case  may  require. 
Ill  caaeacr  IQ,     Whcu  upou  the  examination  of  the  debtor,   or  of  anv 

in.y ih; remnnd-  witucsscs  tluit  may  DC  proQucecl  ou  either  side,  and  whicii 
Moi  <  xceinUnlf*  witnesses  shall  be  bound  to  attend  on  subpcrna  as  in  action** 
o'ni^rhMii'tfoo^^  pcudiug  iu  the  Supreme  Court,  the  debt  shall  appear  to  have 
iaiiiiniiuj.  bceu  frduduciitly  contracted,  or  any  fraudulent  circumstance^ 

liave  occurred  in  respect  of  such  debt,  or  in  respect  of  the  de- 
lay of  piyment  thereof,  or  in  respect  of  the  conduct  of  the 
debtor  with  regard  to  the  disposition  of  his  property,  or  in 
cases  of  tort  where  the  judge  or  commissioners  shall  be  of 
opinion  that  such  tort  was  wilful  and  malicious,  the  judge  or 
commissioners  may  remand  the  debtor  to  be  confined  without 
the  privilege  of  jail  limits,  for  such  time  under  one  year  as  he 
or  they  shall  deem  proper  under  the  circumstances  ;  at  tlr 
end  of  which  time  the  debtor  shall  be  discharged  on  maln^ 
the  affidavit  and  assignment  of  his  propeity  before  a  ja^gl^  or 
anv  two  commmoTv^T^. 


B.]  INSOLVENT   DEBT0K8.  99 

11.  Where  the  judge  or  commissioners  shall  remand  the  edforfhSd"**" 
debtor  for  fraud,  such  judge  or  commissioners  shall  tax  the  witm'MeafevP 
fees  of  ^Wtnesses  attending  on  behalf  of  the  creditor,  and  if  not  agniuBt  debtor. 
paid,  shall  remand  the  debtor  for  such  further  period  as  he  or 

they  may  deem  right. 

12.  Where  the  debtor  Is  imprisoned  under  a  capias  or  ex-  Two  justice 

.         .  .  .^  r  mny  rvlleve  in 

ecution  issued  by  a  justice  or  justices  of  the  peace,  any  two  ciuieofproce«i» 
justices  shall  possess  the  same  powers  in  respect  to  the  relief  justiocVcourt. 
of  insolvent  debtors  as  a  judge. 

13.  In  cases  where  the  hearing  shall  be  had  before  com-  hi|JPIjy\!Shcr 
niissioners  or  justices  of  the  peace,  the  debtor  shall  be  entitled  P""^*'* 

to  an  appeal ;  and  if  the  creditor,  or  in  his  absence  his  attorney 
or  agent,  shall  demand  an  appeal,  and  shall  make  an  affidavit 
in  writmg  that  he  is  dissatisfied  with  the  decision,  and  that  the 
appeal  is  not  made  for  the  purpose  of  delay  only,  but  that 
substantial  justice  may  be  done  him  therein,  or  to  that  effect, 
the  commissioners  or  justices  shall  grant  such  appeal  and  re- 
mand the  debtor. 

14.  The  Supreme  Court  shall  be  the  court  of  appeal,  if  it  8ap»;**«n<^.couii, 

,,,,..         *^ ...        ,  ,  .      ^^.      '      ,        ft  Judj<o  ihercor, 

shall  be  sitting  withm  the  same  county  at  the  tune  the  order  o>*  a  npccini  «i»- 

appealed  from  was  made,  or  if  such  sitting  shall  be  held  within  coun'of  appeal. 

ten  days  from  tlic  making  of  such  order.     When  such  shall 

not  be  the  case,  then  any  judge  of  the  Supreme  Court,  if  witliin 

such  county  ;  and  in  case  a  judge  shall  not  be  present,  then  a 

special  sessions  of  the  peace  shall  be  the  court  of  appeal.     The 

special  sessions  shall  be  summoned  by  the  Prothonotaiy,  and 

be  held  within  three  days,  and  shall  consist  of  any  three  justices 

of  such  county  not  concerned  in  the  making  of  the  order. 

15.  The  court  of  appeal  shall  hear  and  determine  such  Jo°uTtof^a'>^»cui 
appeal,  and  make  such  orders  therein  from  time  to  time  as  It 

shall  deem  pioper,  such  orders  being  not  Inconsistent  with  this 
Chapter. 

16.  The  judge,  commissioners,  justices,  and  the  court  of  J^^ue^i^uu-^' 
appeal,  shall  return  to  the  Supreme  Court  of  the  county  all  the  aup^^mt?  <*ourt. 
papers  connected  with  their  proceedings  on  such  applications 

and  appeals. 

17.  Upon  receiving  an  order  to  that  effect  from  the  judge,  ,^Mhi'«oIf  by 
commissioners,  justices  or  court  of  appeal,  the  officers  in  whose  o""*^""^. 
custody  such  prisoner  shall  be,  shall  dlschai-ge  him  therefrom 

as  regards  the  suit  expressed  In  the  order. 

18.  Where  any  person  shall  be  discharged  under  the  pro-  d'JJ,Hfabfe  tor 
visions  of  this  Chapter,  any  property  owned  by  him  at  the  time  ^^'^\^  »^«"  '^^* 
of  the  judgment,  or  subsequently  acquired,   and  not  in  the  *  *^'"'*^' 
possession  of  a  bona  fide  holder  without  notice,  may  neverthe- 
less be  levied  upon  for  the  debt  under  execution  issued  on  the 

Mine  judgment. 

19.  When  any  person  shall  be  discharged  undcx  tW  ^\:^-  ^vtxv^vT^' 


100 


PSTTT   OFFENCES,  Eia 


[apfbhdix 


therefor  OB  a 
dlseli«ri«« 


Fee«. 


PMialtrfor 
refHMito  aet. 


visions  in  this  Chapter,  the  party  at  whose  suit  he  has  been 
committed  to  jail,  shall  be  liable  to  pay  the  Sheriff  his  fees  for 
the  service,  return  and  travel  necessary  in  serving  the  process, 
under  which  the  party  was  arrested. 

20.  The  fees  mentioned  in  the  schedule  hereto  shaU  here- 
after be  paid  to  commissioners  and  justices,  for  services  in 
connection  with  the  relief  of  insolvent  debtors. 

21.  If  any  commissioner  or  justice  on  being  tendered  the 
above  fees  shall  refuse  or  neglect  to  sign  the  order  and  attend 
the  examination  of  the  insolvent,  he  shall  forfeit  the  sum  of 
forty  dollars,  to  be  recovered  by  the  insolvent  or  any  odier 
person  who  will  sue  for  the  same  as  a  private  debt. 


SCHEDULE  OF  FEES. 

Each  commissioner,  when  the  process  issued  out  of  Su- 
preme Court,  on  signing  order $1  00 

Each  justice,  when  process  issued  by  justices,  on  signing 

order 0  50 

If  proceeding  adjourned,  same  fees  each  day  of  attend- 
ance. 

Each  commissioner  on  signing  final  order 0  50 

Each  justice  on  signing  final  order 0£5 

Note.— ThU  Chapter  repealedlas  to  tnideni  by  Chapter  16,  Canada,  1880  -The  InaoJ- 
▼ent  Act  of  1869. 


CHAPTER  147. 


Larcenies 
under  $100,  and 
felonies  by 
juvenile  offen- 
'lerfl,  how  tried. 


ExoepUons. 
Proviso. 


Proceedings 
after  arrest  of 
prisoner. 


OF  PETTY  OFFENCES,  TRESPASSES,  AND  ASSAULTS: 

As  Amended  by  Chapter  I,  1865,  Section  15. 

1.  A  court  of  general  or  special  sessions  in  any  county  or 
district  at  which  not  less  than  five  justices  shall  be  present, 
may,  in  a  summary  way,  hear  and  try  all  larcenies  when  the 
value  of  the  property  stolen  shall  not  exceed  one  hundred 
dollars,  and  may  hear  and  try  trespasses  and  felonies  committed 
by  juvenile  offenders  under  the  age  of  fourteen  years,  excepting 
only  capital  felonies :  provided  that  such  trials  shall  take  phoi 
at  the  court-house  of  such  county  or  district 

2.  When  any  person  has  been  arrested  and  committiBd  to 
jail  by  warrant  for  any  offence  triable  under  the  first  t^a  mi> 
tions  of  this  Chapter,  the  jailer  shall  forthwith  aoti^  tbi 


B.]  PBTTY   OFFENCES,   BTC  101 

Sheriff  thereof,  who  shall  give  notice  of  the  same  to  the  CustoSy 
and  such  Gustos  shall  direct  the  Clerk  of  the  Peace  to  summon 
a  special  sessions  to  meet  at  a  day  to  he  named  by  him  suf- 
ficiently distant  to  permit  notice  to  the  prisoner  as  hereinafter 
named,  and  the  Clerk  of  the  Peace  shall  forthwith,  on  receipt 
of  such  direction,  convene  such  special  sessions,  and  notify  the 
prisoner  of  the  day  named  for  his  trial,  at  least  eight  days  pre- 
vious to  such  special  sessions. 

S.  The  justices  in  general  or  special  sessions  as  aforesaid  PaaUhmont. 
shall  have  power  to  punish  by  fine  or  imprisonment,  or  both, 
with  or  without  hard  labor,  as  they  shall  see  fit,  but  in  no  case 
shall  they  be  allowed  to  fine  beyond  forty  dollars,  or  to  im- 
prison beyond  six  months,  and  that  only  in  the  county  or  dis- 
trict jail. 

4.  A^ny  party  feeling  aggrieved  by  the  sentence  of  such  App««i. 
justices  in  general  or  special  sessions,  may  appeal  to  the  Su- 
preme Court,  or  a  judge,  who  may  rehear  the  case,  and  make 
such  order  therein  as  justice  shall  require ;  but  offenders  con- 

Ticted  before  the  justices  in  general  or  special  sessions  shall  not  S?iSI?pkh^* 
be  allowed  to  escape  punishment  from  any  mere  informality  oe«dingt. 
in  the  proceedings,  and  no  relief  shall  be  allowed  unless  it  shall 
be  made  to  appear  by  affidavit  that  injustice  would  otherwise 
be  done. 

5.  The  proceedings  up  to  the  hearing  before  the  justices  in  f'^^^p 

1  •  1  •  i_   111.    1.     •    r  *•  J  before Jn«tice«, 

general  or  special  sessions  shall  be  by  iniormation  and  summons 
or  warrant,  as  in  the  first  section  of  Chapter  one  hundred  and 
seventy-two  of  the  Revised  Statutes,  Third  Series,  and  the  hear- 
ing and  all  subsequent  proceedings  shall  be  the  same  as  in  civil 
cases,  except  that  subpoenas  and  other  writs  shall  be  in  the 
name  of  the  Queen  for  the  defendant  as  well  as  the  plain- 
tiff. 

6.  All  constables  and  peace  officers  shair  be  compelled  to  JjJJJjJJJ'*  **®^ 
execute  writs  and  process,  as  in  other  cases  of  proceedings  at 

the  suit  of  the  Crown. 

7.  The  justices  in  general  or  special  sessions  shall  make  ConvicUon, 
their  conviction  and  sentence  in  writing,  and  shall  furnish  a 

copy  thereof  to  the  constable  or  other  officer,  who  shall  de^ 
liver  the  same  to  the  jailer  in  case  of  a  sentence  of  imprison- 
ment. 

8.  No  fees  shall  be  paid  or  received  under  the  foregoing  '««^ 
sections,  but  officers  and  witnesses  shall  be  entitled  to  remuner- 
slion  as  in  other  criminal  cases. 

9.  In  the  case  of  incorporated  counties  or  districts,  the  SSXiMd 
powers  conferred  under  the  foregoing  sections  shall  be  exercised  dirtriou. 
hf  the  monthly  municipality  courts. 

10.  The  feregoing  sections  shall  not  extend  to  the  City  of  fi°'^^<'°  ^^ 


102 


PETTY   OFFENCES^   ETC. 


[appendu 


Bcsfiiont  to 
make  regnla- 
tlons  respecting 
horsen,  Jce., 
^uing  ttt  large. 

Penalty  for  vio- 
lating regula- 
tions. 

A  justice  to 
have  jurfsdic- 
tlon  over  trcs- 

f)njwes  by 
torses,  sc.|  to 


Jleplovin  may 
be  granle'l  by 
JusUre. 


Korm  of  writ. 


0:»U8e  to  be 
tried  a8  In  othi'r 


Tonal tv  for 
•  lamnuing  or 
•lelnrlng  a  com- 
inoii. 


IViialty  for  In- 
juring: *onia- 
mtMital  trees  on 
I'libllc  roads. 


IVnuIty  for 
trc'si):is»)ing  on 
'•ultivuted 
'■nclosui-es, 

IV'ualty  for 
injury  to  trees. 


11.  The  sessions  shall  make  regulations  for  preyenling  tres- 
passes by  horses,  asses,  mulesi  cattle,  sheep,  swine,  or  goats 
going  at  large. 

12.  Persons  violating  the  regulations  shall  forfeit  a  sum  not 
e:i^ceeding  eight  dollars. 

13.  Where  a  trespass  has  been  committed  by  horses,  asses, 
mules,  cattle,  sheep,  swine  or  goats,  and  the  damage  alleged  to 
have  been  suffered  shall  not  exceed  twelve  dollars,  the  case 
may  be  tried  before  a  justice  of  the  peace  in  the  same  manner 
and  with  the  like  costs,  and  subject  to  appeal  and  otlier  proceed- 
ings as  if  it  were  an  ordinary  debt. 

14.  The  justice  shall  grant  replevin  where  required  upon 
security  being  given  for  prosecuting  the  same  with  effect  with- 
in seven  days. 

15.  The  writ  of  replevin  sliall  be  in  the  following 
form : — 

You  ai'c  hereby  commanded  to  replevy  to  A.  B.  his  cattle, 
viz :  [here  describe  them]  which  C.  D.  unjustly,  as  is  allied, 
detains  under  pretence  of  having  committed  a  trespass  not 
exceeding   twelve    dollars,  and  also  to  summon  the  said  C. 

D.  to  appear  before  me  at  ,  on  the    day  of 

.  at o'clock  in  tlie noon,  there  to  answer 

such    things    as  shall  be  objected  ng^ainst  him    bv    the   said 
A.  B. 

Witness  my  hand  and  seal  this day  of ,  A.D.  one 

thousand  eight  hundred  and 

E.  F.,  J. P.  (seal ) 

1().  The  justice  shall  try  the  cause  commenced  by  such 
writ,  and  give  judgment  with  the  like  costs  as  in  ordinary 
aises  of  debt  and  subject  to  the  same  further  proceedings 
thereon. 

17.  If  any  person  sluill  cut  or  Ciuxy  away  the  soil  or  sods 
of  any  common  whereby  the  pasturage  shall  be  injured  or  the 
ground  defaced,  he  shall  forfeit  a  sum  not  exceeding  four 
(lollais. 

18.  If  any  person  shall  cut  down  or  injure  any  trees  planted 
for  ornament  or  left  growing  on  the  side  of  any  public  square, 
street  or  highway,  he  shall  forfeit  for  every  such  tree  a  sum  not 
exceeding  eight  dollars,  but  no  penalty  shall  attach  for  the  re- 
moval of  any  such  trees  by  a  commissioner  of  streets  or  sur- 
veyor of  highways. 

19.  If  any  person  shall  trespass  in  a  cultivated  enclotuze 
he  shall  forfeit  a  sum  not  exceeding  eight  dollars  for  the  use 
of  the  occupier  of  the  land. 

20.  If  any  person  shall  ill^ally  cut  down  or  injure  ttjf 
tree  growing  on  crown  or  private  land,  or  shall  Illegally  eiiiT 
away  any  such  tree  when  cut  down,  he  shall,  for  every  «WI 


«•]  PETTY   0FFBKCE3,   ETa  lOS 

tree,  forfeit  a  sum  not  to  exceed  eight  dollars  to  the  Commis- 
sioner of  Crown  Lands  for  the  time  being,  for  the  use  of  the 
Province,  or  to  the  owner  of  the  soil,  as  the  case  may  be,  but 
in  no  case  shall  the  whole  penalty  exceed  twenty  dollars.  No  impruonmoirt, 
person  impiisoued  under  execution  issued  upon  any  judgment 
for  breach  of  this  section,  sliall  be  entitled  to  jail  limits,  or  to 
the  benefit  of  Chapter  one  hundred  and  thirty-seven  of  the 
Reyised  Statutes,  Thiid  Series,  relating  to  insolvent  debtors, 
until  he  shall  have  been  imprisoned,  if,  for  the  fiist  offence,  a 
period  of  five  days,  and  for  the  second  or  subsequent  offence,  a 
peiiod  of  ten  days.  / 

21.  Nothing  in  the  two  preceding  sections  contained  shall  peJ'^^JjJJ  to  be 
take  aw^ay  fiom  the  party  injiued  any  right  of  action  at  law  for  curauiatory 
the  trespass  committed. 

22.  The     offences     enumerated    hi    sections    seventeen,  ^JSiS'it!  is, 
eighteen,  nineteen  and  twenty,  are  hereby  declared  to  be  under  i"  •luroTun.ier 
the  jurisdiction  of  one  or  more  justice  or  justices  of  the  peace  jurijKiirtiotYot 
according  to  the  amount  of  penalty  sought  to  be  recovered.        peace. 

23.  Two  justices  of  the  peace  may  hear  and  determine  in  a  Jj^ace't^  "^^ 
summaiy  way,  all  complaints  for  common  assaults  and  batteries  ;  im-e  iurisiiic- 
and  upon  conviction  the  offender  shall  forfeit  a  sum  not  exceed-  nwauiu  to  $s 
ing  eight  dollars,  to  be  paid  over  when  recovered  to  the  County 
Treasurer;  and  the  justices  shall  forthwith  file  the  receipt  of  the 

County  Treasurer  with  the  C-lerk  of  the  Peace. 

24.  If  the  fine  and  costs  awarded  shall  not  be  paid  forth-  liTforinr*' 
with,  or  within  the  time  appointed  for  that  purpose  by  the  "/^pr*;^;;;",^ 
Justices,  the  same  may  be  levied  by  execution  in  the  usual  "^"y.^^^^^jj^'"*-''^ 
form,  under  which  the  offender  may  be  imprisoned  for  a  period  thirty  duya. 

.  not  exceeding  thirty  days,  unless  the  fine  and  costs  be  sooner 
paid. 

25.  If  the  justices  upon  the  hearing  shall  deem  the  offence  ;{jy;nig'^J'J"cim- 
not  proved,  or  so  trifling  as  not  to  merit  punishment,  they  may  pi«int  and  give 
<li8mi8s  the  complaint,  and  if  required  shall  give  the  party  accordingly. 
.acquitted  a  certificate  accordingly. 

26.  The  justices  may  give  costs  either  to  complainant  or  ^"v'l'j^o  oJ"w?tii- 
defendant,  or  dismiss  the  complaint  without  costs  on  either  Iji'lj;!.^  p'JJty^ 
side. 

27.  If  the  offence  charged  be  of  an  aggravated  kind,  or  if  offJnce  u  a^gra- 
upon  the  hearing  the  justices  think  the  offender  deserving  a  ^,'JiI;*\Jay^bj*,'., 
hiffher  punishment  than  above  prescribed,  thev  may  bind  the  w»»r  the  paniea 

^      1  1  .  ^  "  c  '**  appear  at  tin* 

oifender  over  by  recognizance  to  appear  at  the  next  bupreme  Hupreroe  court. 
Court  to  answer  the  charge,  imd  if  necessary  may  also  bind 
over  the  prosecutor  to  appear  and  prosecute,  and  the  witnesses 
to  give  evidence. 

28.  If  any  person  shall  have  obtained  a  certificate  as  above,  ^{iJPtSe^iw- 
or  bayinc:  been  convicted,  shall  have  paid  the  whole  amount  ticc'ji  judgment 

,.,P  1111  /n»i  •!  "iir        »noll  ftCquit 

amudirea.  x>r  shall  nave  suiiered  the  pimishment  awarded  for  from  nii  further 


104  PBTTT  OFFENCES,  ETa         [aPPENDH 

non-payment  thereof,  he   shall  be   thereby  acquitted  of  aH 
criminal  proceedings  for  the  same  offence. 
Serferingwith      29.     If  any  person  shall  interrupt,  molest,  or  hinder  any 
nonreyor.  principal  or  deputy  surveyor,  or  other  person  authorized  by 

the  Governor,  the  Commissioner  of  Crown  Lands  or  a  judge 
of  the  Supreme  Court,  while  in  the  discharge  of  his  duties  as 
a  surveyor,  such  person  shall  be  guilty  of  a  misdemeanor,  and 
may  be  fined  or  imprisoned  by  any  two  justices  of  the  peace, 
in  their  discretion ;  the  imprisonment  not  to  exceed  thirty  days, 
and  the  fine  not  to  exceed  twenty  dollars. 
Limitation  of         30.     Every  prosecution  under  this  Chapter  shall  be  com- 
^*'******"*^*'     menced  within  six  months  after  the  offence  committed. 
ProoeediDga  to        Si.     The  justices  shall  proceed  by  summons  in  the  form  fol^ 

be  by  summona ;  ,       .  •*  mt  ^ 

lorm  given.  iOWing  : 


To  any  of  the  constables  of  the  County  of  • 


You  are  hereby  commanded  to  summon  A.  B.,  of  ■, 

to  appear  before  us  at ,  on  the day  of 

next,  to  answer  C.  1).  for  a  petty  trespass   [or  for  a  peUj 
assault  and  batiery,  as  ike  case  may  be]  committed  on  ot 

about  the day  of ,  contrary  to  the   provisions 

of  Chapter  one  hundred  and  forty-seven  of  the  Revised  Statutes, 
Third  Series. 

"Witness  our  hands  at the  day  of  , 

A.  D.  18—. 

E.  F.,  J.  P.  (seal.) 
G.  H.,  J.  P.  (seal) 
be  endo^Sd^r        ^^'     "^^^  convictions  Under  this  Chapter  shall  be  endorsed 
nnnexed  to  the    upou  or  annexed  to  the  original  summons  in  the  form  follow- 

Humraons;  form   .  *  ^ 

given.  mg : 

The  within  named  C.  D.,  having  been  duly  summoned,  was 
this  day  convicted  of  a  petty  trespass  [or  a  petty  assault  and 
battery,  or  a  petty  assault]  upon  his  own  confession  [or  upon 
default,  or  upon  the  oath  of  J.  K",,  as  the  case  may  be,  stcUiny 
the  maimer  of  the  party^s  conmction  and  the  names  of  the 
witnesses  examined]   and  was  thereupon   fined  the  sum  of 

,  with  costs,  amounting  in  all  to  the  sum  of  — — ,  to  be 

paid  forthwith  [or  within days  next,] 

Witness   our   hands   this   day  of——,  A.  IX 

18—. 

E.  F.,  J.  P. 
G.  H-,  J.  P. 
Which,  when  signed  by  the  justices,  shall  be  a  valid  record  of 
such  conviction. 


B.]  IIXEOAL  EKU8TMENT.  106 


0HAPTEB158. 

OF    ILLEGAL    ENUSTHSNT. 

1.     If  any  person  whosoever^  shall  hire,  retain,  engage  or  PeiwiMproeor. 
procure,  or  shall  attempt  or  endeavour  to  hire,  retain,  engage  iSILenttobe 
or  procure,  or  shall  solicit  or  persuade  any  person  whomso-  5em«no*"^ 
ever  in  this  Province,  to  enlist,  or  to  enter  himself  to  serve 
or  engage  to  enlist  or  to  serve,  or  to  be  employed  in  any  rank, 
oi&ce,  or  capacity  whatever,  and  either  by  land  or  sea,  in  the 
service,  or  employment  of,  or  for  or  under,  or  in  aid  of  any 
foreign  prince,  state,  potentaite,  government,  colony,  province, 
or  any  part  of  any  province   or  people,  or  of,   or  for,  or 
under,  or  in  aid  of  any  persons,  exercising,  or  assuming  to  ex- 
ercise any  powers  of  government  in  or  over  any  foreign  coun- 
try, colony,  province,  or  part  of  any  province  or  people ;  or  to 
go,  or  agree  to  go,  or  embark  from  any  part  of  this  Province 
for  the  purpose,  or  with  intent  to  be  so  enlisted,  entered,  en- 
gaged or  employed,  as  aforesaid,  whether  any  enlisting  money, 
pay  or  reward,  shall  have  been,  or  shall  be  actuclly  given  or 
received,  or  not ;  in  any  or  either  of  such  cases,  every  person 
so  offending  shall  be  deemed  guilty  of  a  misdemeanor ;  and  PanUhmeDt 
upon  being  convicted  thereof  upon  any  information  or  indict-  Son?  ***** 
ment,  shall  be  punishable  at  the  discretion  of  the  Court  by  fine 
and  imprisonment,  or  either  of  them;  and  by  imprisonment 
^ther  in  the  county  jail  or  Provincial  Penitentiary. 

S.     If  any  person  whosoever  shall,  on  any  pretext  whatever,  Entidngper. 

■»*.  •  ^»  i_    11     ^^  *^  •on§  abroad  for 

hire,  retain,  engage,  entice  or  procure,  or  shall  attempt  or  en-  parpoM  of  en- 
deavour to  hire,  retain,  engage,  entice  or  procure,  or  shall  so-  "•*™®°*' 
licit,  or  use  means  to  induce  any  of  Her  Majesty's  subjects  in 
this  Province  to  go,  or  to  agree  to  go,  from  any  part  of  this 
Province,  by  land  or  by  water,  to  any  foreign  state  or  country, 
or  to  any  place  out  of  this  Province ;  such  person  in  so  doing, 
having  the  purpose  and  intention  of  procuring,  facilitating,  or 
bringing  about  the  enlistment  or  employment,  or  the  engage- 
ment to  enlist  or  to  be  employed  of  any  such  subject  of  Her 
Majesty,  in  any  rank,  office,  or  capacity,  by  land  or  sea,  in  the 
service,  or  employment  of,  or  for,  or  under,  or  in  aid  of  any 
foreign  prince,  state,  potentate,  government,  colony,  province, 
or  any  part  of  any  province  or  people  ;  or  of,  or  for,  or  under, 
or  in  aid  of  any  person  or  persons  exercising  or  assuming  to 
exercise  any  powers  of  government  in  or  over  any  foreign 
eo'untry^  colony,  province  or  people,  whether  such  subject  of 


I  iiiii!>)iiiu'nt. 


limxIiH'O,  Jfeo. 


106  OFFBirCES   ACAIKST   REUGIOX.  [aPPENBH 

Her  Majesty  shall  know  of  such  purpose  or  intention  or  not, 
or  whether  such  subject  shall  actually  leave  this  Province  or 
not,  or  whether  such  subject  shall  enlist  or  engage  in  any  sach 
A  i.iiwumea-  scrvice  or  employment  or  not ;  every  person  so  offending  shall 
be  deemed  guilty  of  a  misdemeanor^  and  upon  being  con>icted 
thereof  upon  any  information  or  indictment^  shall  be  punishable 
at  the  discretion  of  the  Court  by  fine  and  imprisonment,  or 
either  of  them,  and  cither  by  imprisonment  in  the  county  jjul 
or  Provincial  Penitentiary, 
Ki.ii.iiii;  minor*  8.  If  any  person  whosoever  shall,  for  any  object  whatever, 
I..I.IIVC  the  hirei  retain,  engage^  procure,  or  entice,  or  shall  attempt  or 
endeavor  to  liire,  retain,  engage,  procure  or  entice,  or  shall 
solicit,  or  use  any  means  whatever  to  induce  any  minor,  ward, 
or  apprentice  in  this  Province,  to  go,  or  to  agree  to  go,  from 
any  part  of  this  Province,  by  land  or  by  water,  to  any  foreign 
state  or  country,  ^vithout  the  knowledge,  consent,  or  approval, 
or  against  the  will,  of  the  parent,  guardian,  or  master,  or  such 
person  as  shall  have  the  chaige  and  authority  over,  or  be  entitled 
to  the  services  of,  such  minor,  ward,  or  apprentice,  such  person 
V  inu.i  meu-  so  offeudiug  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
being  convicted  thereof,  upon  any  information  or  indictment, 
shall  be  punishable,  at  the  discretion  of  the  Court,  by  fine  and 
imprisonment,  qr  either  of  them,  and  either  by  impiisonment 
in  the  county  jail  or  Provincial  Penitentiary. 

i.  Any  justice  of  the  peace  may,  on  complaint  on  oath, 
issue  his  warrant  against  any  person  chai'ged  with  any  mis- 
demeanor under  this  Chapter,  and  cause  him  to  be  aiTested  aud 
brought  before  himself  or  any  other  justice  of  the  peace,  and 
held  to  bail  with  sufficient  sureties  to  appear  before  the  Su- 
preme Court  to  answer  such  complaint. 
ii.u  i-Aupur  5.     This  Cha,pter  shall  not  be  construed  to  prevent  any 

[IvluH  \br  a?i-^  person  aggrieved  by  anything  done  in  violation  of  the  provi- 
sions of  tliis  Chapter  from  bringiug  an  action  for  damages 
therefor,  and  in  any  such  action  a  judge  may,  in  his  discretion 
on  sufficient  evidence  on  affidavit,  allow  a  capias,  although  it 
may  not  appear  that  the  defendant  is  about  to  leave  the 
Province. 


tint 


I'liKiollMieilt. 


"  I . ;  iL' '  ■ 


CHAPTER  169. 

OF    OPFENCK.S    AG.UN8T    lUCIJGlOX. 


l-'iin   tor  «U'«e 
•  rritiMii  of  the 


2.     Any  person  who  shall  be  convicted  before  a  jugtioeaf 

irioUaj.        the  peace  of  shooting,  gambling  or  sporting,  of  frequflatM 

tippling  houses,  or  of.  servile  labor,  works  of  jxeoessibf  VA 


B.].  OFFENCES   AGAINST   PUBLIC  MORALS.  107 

mercy  excepted,  on  the  Lord's  day,  shall  for  every  offence 
forfeit  not  less  than  one  nor  more  than  eight  dollars^  and  in  de- 
fault of  payment  shall  be  committed  to  jail  for  a  term  not  less 
than  twelve  houi*s  nor  more  than  four  days. 

4.  If  any  person  shall  wilfully  or  wantonly  untie,  remove,  [^^"^  hwien 
or  let  loose,  disfigure  or  injure  any  horse,  or  remove  or  med-  &c.,  in  vicinity 

ji  .,1       •     •  1      .  1  •    1  .     '     *  1      i  of  certain  nio«'t 

die  with,  injure  or  destroy  any  vehicle,  or  cut,  mjm-e  or  destroy  ing«. 
any  harness  connected  with  such  horse  or  vehicle,  while  the 
same  are  in  the  \'icinity  of  any  place  where  such  meeting  (i.e. 
of  persons  lawfully  convened  for  any  reUgious,  moral,  social 
*  or  benevolent  purpose)  may  be  in  the  act  of  being  held,  he 
shall  for  every  offence  forfeit  a  sum  not  less  thsui  five  dollars, 
nor  more  than  forty  dollar's. 

5.  Any  person  offending  against  the  provisions  of  the  fourth  jj;,"jg^ment  ot 
section  of  this  Chapter,  may  be  arrested  on  view  by  any  peace  offendt-rg. 
officer  present  at  such  meeting,  or  by  any  other  person  thereto 
verbally  authorized  by  any  justice  of  the  peace  present  thereat; 

and  such  offender  shall  thcicupon  be  committed  to  the  county 
jail  until  he  shall  find  security  to  the  satisfaction  of  a  justice 
fyr  his  good  behaviour,  and  to  pay  any  fine  or  penalty  that 

may  be  imposed  upon  him  on  any  prosecution  for  such  offence. 

— ^— ^  ■ 

Note.— SecfcioiM  1  and  3  repealed  bj  Chapter  3(1,  Canada,  ]«80U. 


CHAPTER  160. 

OF  OFFKNCE8  AGAINST  PUBLIC  MOIIAT^. 

1.  Any  person  who  shall  be  convicted  of  drunkenness  eithei*  ^"c  for 

*  drunkenDCHM. 

on  view  or  upon  oath  before  a  justice  of  the  peace,  shall,  for 
every  offence,  forfeit  not  less  than  one  nor  more  than  four 
dollars,  and  in  default  of  payment  shall  be  committed  to  jail 
for  a  term  not  less  than  twelve  hours  nor  more  than  four 
days. 

2.  Any  person  who  shall  be  convicted  of  incest   shall  be  Ptmuhineni  for 
guilty  of  a  misdemeanor,  and  shall  be  imprisoned  for  a  term   "°*'" ' 

not  exceeding  two  years. 

3.  Any   person   who  shall  be   convicted  of    keeping    a  kc"prni"rga^^ 
common   gambling  house,    bawdy  house  or  other  disorderly  i^unar,  bawdy, 
house,  room  or  place,  shall  be  imprisoned  for  u  term  not  ex-  houto. 
ceeding  two  years. 

4.  Any  person  who  shall  appear  or  act  as  master  or  mis-  w^o  ^y 

1       •         .1  ^     /•  IT         deemed  k^.,, 

i^roM,  or  as  havmg  the  care  or  management  ol  any  gambung  ofsucbhouso. 
iovae,  bfiwdy  house  or  other  disorderly  house,  shall  be  deemed 
to  .be  the  kaerper  thereof,  and  shall  be  prosecuted  and  punished 
^M  such^notwithstanding  he  or  she  shall  not  in  fact  be  the  real 
owner  or  keeper  thereof. 


for 
ani- 


be 
crpor 


108 


OFFKNCES  AOAIKflT  PUBLIC  PBAGB.        [APPENDIX 


Trial  and  pun- 

iahmentox 

offenders. 


Any  JuBtice,  See. 
may  enter  gam- 
bling hoaaee, 
fte. 


Fine  for  profkne 
•wearing. 


Fine  for  getting 
up  or  partlelpa- 
tlog  In  lotteries 
or  raffles. 


5.  Any  person  who  shall  keep  a  common  gambling  house, 
or  disorderly  house,  shop,  room,  or  place,  may  be  summarilf 
tried  and  convicted  before  two  justices  of  the  peace,  or,  if  in 
the  City  of  Halii&x,  before  the  Police  Court ;  and,  on  convic- 
tion, shidl  be  punished  by  a  fine,  not  to  exceed  twenty  dollan, 
or  by  imprisonment  in  jaU  or  brideweU,  with  or  without  hard 
labor,  for  a  term  not  exceeding  one  month,  or  be  both  fined 
and  imprisoned  as  the  said  justices  or  police  court  may  £• 
rect. 

6.  Any  justice  of  the  peace,  or,  if  in  the  City  of  Halifax, 
the  Mayor  or  any  alderman,  may,  at  any  time  of  the  night  or 
day,  enter  any  house,  shop,  room,  or  place,  suspected  of  bring 
a  gambling  or  bawdy  house,  shop,  room,  or  place,  and  it  shall 
be  their  duty,  upon  reasonable  suspicion,  or  on  evidence 
tendered  them  under  oath,  so  to  do. 

7.  Any  person  profanely  cursing  or  swearing  in  the  hear- 
ing of  a  justice  of  the  peace,  or  who  shall  be  convicted  thereof, 
shall  forfeit  forty  cents  for  the  first  offence,  and  for  a  second 
offence  double,  and  for  a  third  offence  treble  that  sum;  and  in 
default  of  payment  shall  be  committed  to  jail  for  a  term  not  Im 
than  two  nor  more  than  twelve  hours. 

8.  Whoever  shall  undertake  or  set  up,  or  shall  by  writing 
or   printing,  publish   the  undertaking  or  setting   up  of  any 
lottery  or  raffle  for  money  or  goods,  with  intent  to  have  such 
lottery  or  raffle  drawn  or  thrown,  or  to  induce  persons  to 
purchase  tickets  or  to  give  money  or  other  valuables  for  any 
such  lottery  or  raffle,  or  shall  play,  throw  or  draw  at  such 
lottery  or  raffle,  or  shall  purchase  any  lot  or  ticket  for  any 
such  lottery,  or  shall  take  part  in  any  such  raf&e,  shall  forfeit 
a  sum  not  exceeding  forty  dollars;  and  in  default  of  payment 
shall  be  committed  to  jail  for  a  period  not  exceeding  thirty 
days. 


OHAPTEE  162. 


OF  OFFEirCES  AGAINST  THE    PUBUO  PBAOK; 


Tuniabment 
where  three  or 
more  persons 
unlawftxily  as- 
Hemble  or  con* 
tinue  aaeem* 
bled. 


As  amended  by  Chapter  12,  1869. 

5.  If  three  or  more  persons  shall  assemble,  or  hatiac 
assembled  shall  continue  together,  with  intent  without  lawfiu 
authority  to  execute  any  common  purpose  with  fi>roe 
violence,  or  in  so  violent  and  tumultuous  a  manner,  or 
such  circumstances  as  are  calculated  to  create  terror  and 


B.]  OFFENCES   AGAINST   FUBLIC  FEACE.  109 

amongst  Her  Majesty's  subjects^  such  person  shall  be  imprisoned 
for  a  term  not  exceeding  two  years. 

6.  If  any  persons  unlawfully  assembled  together  to  the  dis-  uni°!lS5*|^'®' 
turbance  of  the  public    peace^  shall  damage  or  destroy  any  Mmbiatres  dam- 
churchy  chapel,  or  meeting  house  for  the  exercise  of  religious  or  madiinery?' 
worship,  or  any  building  or  erection,  or  any  machinery,  whether 

fixed  or  moveable,  prepared  for  or  employed  in  anymanu&cture, 
such  offenders  shall  be  imprisoned  for  any  term  not  exceeding 
two  years. 

7.  If  two  or  more  persons  shall  fight  together  in  a  public  ^^ite^SSJJ/**"' 
place,  in  such  a  manner  and  under  such  circumstances  as  are 
calculated  to  create  terror  and  alarm  amongst  Her  Majesty's 
subjects,  such  persons  shall  be  committed  to  jail  for  a  term  not 
exceeding  three  months. 

8-     If  two  or  more  persons  shall  openly  carry  dangerous  and  ^,"**|^"  j^iJn?' 
unusual  weapons  in  any  public  place,  in  such  a  manner  and  under  geroo*  weapons 
such  circumstances  as  are  calculated  to  create  terror  and  alarm 
amongst  Her  Majesty's  subjects,  such  persons  shall  be  committed 
to  jail  for  a  term  not  exceeding  twelve  months. 

9.  If  any  person  shall,  by  discharging  fire-arms,  or  by  ^jljjj?*  **'nducf 
riotous  or  disorderly  conduct  in  any  street  or  highway,  wantonly  in  atreeta  or 
or  maliciously  disturb  the  peace  and  quiet  of  the  inmates  of    *  ^*^'' 
any  dwelling  house  near  such  street  or  highway,  he  shall,  for 

erery  offence,  forfeit  a  sum  not  less  than  two  dollars  nor  more 
than  eight  dollars. 

10.  No  persons  shall  stand  in  a  group  or  near  to  each  other  JJJJJ^^J  ^^tS^t 
on  any  street  or  sidewalk  in  such  manner  as  to  obstruct  a  free  or  aidewaik. 
passage  for  foot  passengers,  under  a  penalty  of  not  less  than 

fifty  cents  nor  more  than  two  dollars ;  and  any  person  refusing 
or  neglecting  to  remove  from  or  to  cease  to  obstruct  such  street 
or  sidewalk,  after  the  request  of  a  constable,  shall  be  liable  to   • 
a  like  penalty. 

11.  Any  person  who,  being  on  any  street,  lane,  thorough-  JJi"**'/^,JjJ^e 
fiure  or  sidewalk,  shall  openly  use  any  profane,  obscene,  lewd  language,  &e., 
or  lascivious  language  or  behavior,  may  be   forthwith   taken  &re.^'*"* 
into  custody,  by  day  or  by  night,  by  any  constable,  and  shall 

be  liable  to  a  fine  of  not  less  than  one  dollar  nor  more  than 
four  dollars ;  and  in  case  of  non-payment  to  imprisonment  for 
a  period  not  exceeding  ten  days. 

12.  Any  person,  being  on  any  street,  lane,  thoroughfare  JhSteMing  lo 
or  sidewalk,  who  shall  openly  challenge  any  person  to   fight,  flsi^^i  &c. 

or  shall  use  abusive  or  provoking  language,  may  be  forthwith 
arrested  by  any  constable ;  and  shall  be  subject  to  a  fine  of 
not  less  than  one  dollar  nor  more  than  four  dollars ;  and  in 
ease  of  non-pAyment  to  imprisonment  for  a  period  not  exceed- 
ing ten  days* 

1,  S,  8,  and  4,  repealed  by  Chapter  36,  Oanada,  1%QS« 


110  COMBINATIONS    OF   WORKMEN.  [aPPKSDM 


OHAPTER  165. 

OF    COMBINATIONS    OF    WORKMEN. 

ivMnityforin-  1.  If  aiij  pcFsou  shall  by  Tiolence  to  the  persriu  or  pro- 
Inipiojcrrnud  pCrty,  OF  bj  tlii'eats  or  intimidatioi>,  or  by  molesting,  or  in 
7^tStSihi^  any  way  obstructing  another,  force,  or  endeavor  to  force,  any 
wj.«o*,work,  journeyman,  manufacturer,  miner,  workman,  or  other  per- 
son, hired  or  employed  in  any  manufacture,  mining  opera- 
tions, titide  or  business,  to  depart  from  his  hiring,  em|[dof- 
nicnt  or  work,  or  to  return  his  work  before  the  same  shall  be 
finished,  or  prevent,  or  endeavour  to  prevent,  any  journey- 
man, manufacturer,  miner,  workman  or  other  person,  not 
being  hired  or  employed,  from  hiring  himself  to,  or  from  a^ 
cepting  work  or  employment  from  any  poi'son  or  persons ;  «ir 
if  any  person  shall  use  or  employ  violence  to  the  person  or 
property  of  another,  or  Uireats  or  intimidation,  or  shall 
molest,  or  in  any  way  obstruct  another,  for  the  purpose  of 
forcing  or  inducing  such  person  to  belong  to  any  club  or 
association,  or  to  contribute  to  any  common  fund,  or  to  par 
any  fine  or  penalty,  or  on  account  of  liis  not  belon^ng  to 
any  particular  club  or  association,  nr  not  having  contributed 
or  having  refused  to  contribute  to  any  common  fund,  or  to 
pay  any  fine  or  penalty,  or  on  account  of  liis  not  having  com- 
l)lied,  or  of  his  refusing  to  comply,  with  any  rules,  ordei'S, 
resolutions  or  regulations  made  to  obtain  an  advance,  or  to 
reduce  the  rate  of  wages,  or  to  lessen  or  alter  the  hours  of 
working,  or  to  decrease  or  alter  the  quantity  of  work,  or  to 
regulate  the  mode  of  carrying  on  any  manufacture,  mining 
operations,  trade,  or  business,  or  the  management  thereof: 
or  if  any  person  shall,  by  violence  to  the  person  or  property 
of  another,  or  \>y  threats  or  intimidation,  or  by  molesting, or 
in  any  way  obstructing  another,  force,  or  endeavor  to  force, 
any  manufacturer  or  j)erson  carrying  on  any  trade,  mining 
operations,  or  business,  to  make  any  alteration  in  his  mode 
of  regulating,  managing,  conducting,  or  carrying  on  such 
manufacture,  mining  operations,  trade,  or  business,  or  to 
limit  the  number  of  his  apprentices,  or  the  number  or  des- 
cription of  his  journeymen,  workmen,  miners,  or  servants; 
every  person  so  offending,  or  aiding,  abetting,  or  assisting 
tlierein,  being  convicted  thereof,  in  manner  hereinafttr 
mentioned,  shall  be  imprisoned  onlyy  or  shall  and  may  ho 
imprisoned  and  kept  to  hard  labor,  in  the  Provincial  ftnl- 
tentiary,  for  any  time  not  exceeding  twelve  cafaidllr 
monlUa. 


B.]  COMBTXATIOXS    OP  WORKMAN'.  Ill 

2.  Tliis  Clmpter  shall  not  extend  to  subject  any  persons  ^^^fZ\n 
to  punishment  who  shall  meet  together  for  the  sole  purpose  oncrntion  -i 
of  consulting  upon  and  determining  the  rate  «)f  wages  or  prices  *"  ^^'^^' 
which  the  persons  present  at  such  meeting,  or  any  of  them, 

shall  require  or  demand  for  his  or  their  work,  or  the  hours 
or  time  for  which  he  or  they  shall  work  in  any  manufacture, 
mining  operations,  trade  or  business,  or  who  shall  enter  into 
any  agreement,  verbal  or  written,  among  themselves,  for  he 
purpose  of  fixing  the  rate  of  wages  or  prices  which  the  parties 
entering  into  such  agreement,  or  any  of  them,  shall  require 
or  demand  for  his  or  their  work,  or  the  hours  or  time  for 
which  he  or  they  will  work  in  any  manufacture,  mining 
operations,  trade  or  business ;  and  that  persons  so  meeting 
for  the  purposes  aforesaid,  or  entering  into  any  such  agree- 
ment, as  aforesaid,  shall  not  be  liable  to  any  prosecution  or 
penalty  for  so  doing,  any  law  or  statute  to  the  contrary  not- 
withstanding. 

3.  This  Chapter  shall  not  extend  to  'subject  any  persons  ^jJ'J^'Jp,'..,., 
to  punishment  who  shall  meet  togetlier  for  the  sole  purpose 

of  consulting  upon  and  determining  tlie  rate  of  wages  or 
prices  which  the  persons  present  at  such  meeting,  or  any  of 
them,  shall  pay  to  his  or  tlicir  journeymen,  miners,  workmen 
or  servants,  for  their  work,  or  the  hours  or  time  of  workhig 
in  any  manufacture,  mining  operations,  trade  or  business, 
or  who  shall  enter  into  any  agreement,  verbal  or  written, 
among  themselves,  for  the  purpose  of  fixing  the  rate  of  wages 
or  prices  which  the  parties  entering  into  such  agreement, 
or  any  of  them,  shall  pay  to  his  or  their  journeymen,  mind's, 
workmen  or  servants,  for  their  work,  or  the  hours  or  time  of 
working  in  any  manufacture,  mining  operations,  trade,  or 
business ;  and  that  persons  so  meeting  for  the  purposes 
aforesaid,  or  entering  into  any  such  agreement  as  aforesaid, 
shall  not  be  liable  to  any  prosecution  or  penalty  for  so  doing, 
any  law  or  statute  to  the  contrary  notwithstanding. 

4.  All  and  every  person  or  persons  who  shall,  or  may,  Sve"vi.i',','..* 
ofifend  against  this  Chapter,  shall,  and  may,  equally  with  all  ^«^. 
other  persons,  be  called  upon,  and  compelled  to  give  his  or 

her  testimony  and  evidence  as  a  witness  or  witnesses,  on  be- 
half of  Her  Majesty,  or  of  tlie  prosecutor  or  informer  upon 
any  information  to  be  made  or  exhibited  under  tliis  Chapter, 
against  any  other  person  or  persons,  not  being  such  witness 
or  witnesses  as  aforesaid  ;  and  in  all  sucli  cases,  every 
person,  having  given  his  or  her  testimony  or  evidence,  as 
aforesaid,  shall  be  and  is  hereby  indemnified  of,  from  and 
against  any  information  to  be  laid  or  prosecution  to  be  com- 
menced against  him  or  her  for  having  offended  in  tlie  manner 
wherein,  or  relative  to  which,  he,  she  or  they  shall  have  given 
testimony  or  evidence,  as  aforesaid. 


112  COMBINATIONS   OF  WORKMEN.  [APPEMDn 

bi^fora  al£ti6e       ^'    ^^  complaint  and  information  on  oath  before  any  one 
uf  die  po«c«.      or  more  justices  of  the  peace,  <  »f  any  offence  having  been  com- 
mitted against  this  Chapter,  within  his  or  their  respective  juris- 
dictions, and  within  six  calendar  months  before  such  com- 
plaint or  information  shall  be  made,  such  justice  or  justices 
are  hereby  authorized  and  required  to  summon  the  person  or 
persons  charged  with  being  an  offender  or  offenders  against 
this  Chapter,  to  appear  before  any  two  such  justices  at  t 
certain  time  or  place  to  be  specified ;  and  if  any  person  or 
persons  so  summoned  shall  not  appear  according  to  sach 
summons,  then  such  justices,  proof  on  oath  having  been  first 
made  before  them  of  the  due  service  of  such  summotis  upon 
such  person  or  persons,  by  delivering  the  same  to  him  or  them 
personally,  or  leaving  the  same  at  his  or  their  usual  place  of 
abode,  provided  the  same  shall  be  so  left  twenty-four  horns 
at  the  least  before  the  time  which  shall  be  appointed  to 
attend  the  said  justices  upon  such  summons,  shall  make  and 
issue  their  warrant  or  warrants  for  apprehending  the  person 
or  persons  so  summoned  and  not  appearing,  as  aforesaid,  aod 
bringing  him  or  them  before  such  justices  ;  or  it  shall  be  law- 
ful for  such  justices,  if  they  shall  think  fit,  without  issuing 
any  previous  summons,  and  instead  of  issuing  the  same  upon 
such  complaint  and  information  as  aforesaid,   to   make  and 
issue  their  warrant  or  warrants  for  apprehending  the  person 
or  persons  by  such  information  charged  to  have  offended 
agiinst  this  Chapter,  and  bringing  him  or  them  before  such 
justices ;  and  upon  the  person  or  persons  complained  against 
appearing  upon  such  summons,  or  being  brought  by  virtue 
of  such  warrant  or  warrants  before  such  justices,  or  upon 
proof  on  oath  of  such  person  or  persons  absconding  so  that 
such  warrant  or  warrants  cannot  be  executed,  then  such 
justices  shall,  and  they  are  hereby  authorized  and  required 
forthwith,  to  make  inquiry  touching  the  matters  comjAained 
of,  and  to  examine  into  the  same  by  the  oatli  or  oaths  of  any 
one  or  more  credible  person  or  persons  as  shall  be  requisite, 
andjto  hear  and  determine  the  matter  of  every  such  complaint; 
and  upon  confession  by  the  party  or  proof  by   one  or  more 
credible  witness  or  witnesses  upon  oath,  to  convict  or  acquit 
the  party  or  parties  against  whom  complaint  shall  have  been 
made  as  aforesaid. 

Witnesses;  how  6.  It  shall  bc  lawful  for  the  justices  of  the  peace  before 
pcnaitv"for'non.  wliom  any  such  complaint  and  information  shall  be  made  is 
-ompifance.  aforcsaid,  and  they  are  hereby  authorized  and  required,  at 
the  request  in  writing  of  any  of  the  parties,  to  issue  his  or 
their  summons  to  any  witness  or  witnesses,  to  appear  and  gift 
evidence  before  such  justices  at  the  time  and  place  appoitttod 
for  hearing  and  determining  such  complaint,  and  which  tinM 
and  place  shall  be  specified  in  such  summons ;  and  it  uij 


COMBINATIONS   OF   WORKMEN.  llS 

on  or  persons  so  summoned  to  appear  as  a  witness  or 
esses  as  aforesaid,  shall  not  appear  before  such  justices 
le  time  and  place  speciQed  in  such  summons,  or  offer 
3  reasonable  excuse  for  the  default,  or  appearing  accord- 
to  such  summons,  shall  not  submit  to  be  examined  as  a 
ess  or  witnesses,  and  give  his  or  their  evidence  before 
I  justices  touching  the  matter  of  such  complaint,  then 
in  everj  such  case  it  shall  be  lawful  for  such  justices, 
they  are  hereby  authorized — proof  on  oath,  in  the  case 
17  person  not  appearing,  according  to  such  summons, 
ng  been  first  made  before  such  justice  of  the  peace,  of 
due  service  of  such  summons  on  every  such  person,  by 
irering  the  same  to  him  or  her,  or  by  leaving  the  same 
ity-four  hours  before  the  time  appointed  for  such  person 
ppear  before  such  justices,  at  the  usual  place  of  abode  of 
\  person — by  warrant  under  the  hands  of  such  justices 
3mmit  such  person  or  persons  so  making  default  in 
taring,  or  appearing  and  refusing  to  give  evidence,  to 
8  prison  within  the  jurisdiction  of  such  justices,  there  to 
ain  without  bail  for  three  calendar  months,  or  until 
I  person  or  persons  shall  submit  to  be  examined,  and 
evidence  before  such  justices,  as  aforesaid. 

The  justices  before  whom  any  person  or  persons  shall  Jj^^^j^ie 
onvicted  of  any  offence  against  this  Chapter,  or  by  whom  to  be  lued. 
person  shall  be  committed  to  prison  for  not  appearing :  s  a 
ess,  or  not  submitting  to  be  examined,  shall  cause  all 
I  convictions,  and  the  warrants  or  orders  for  such  com- 
nents,  to  be  drawn  up  in  the  form,  or  to  the  effect,  set 
1  in  the  schedule  to  this  Chapter  annexed. 

If  any  person  convicted  of  any  offence  or  offences,  ^^pg«^»  pjj^^ 
ishable  by  this  Chapter,  shall  think  himself  aggrieved  &o.  "^ 
Ae  judgment  of  such  justices,  before  whom  he  shall 
)  been  convicted,  such  person  shall  have  liberty  to 
$al  from  every  such  conviction  to  tlie  next  sittings  of  the 
reme  Court  which  shall  l»e  held  for  the  county  wherein 
1  ofifence  was  committed ;  and  the  execution  of  every 
;ment  so  appealed  from  shall  be  suspended,  in  case  the 
ion  so  convicted  shall  immediately  enter  into  recognias- 
38  before  such  justices — which  they  are  hereby  authorized 

required  to  take — himself  with  two  sufficient  sureties, 
he  penal  sum  of  two  hundred  dollars  of  lawful  money  of 
a  wotia,  upon  condition,  to  prosecute  such  appeal  with 
3t,  and  to  be  forthcoming  to  abide  the  judgment  and 
)rminatir»n  of  the  said  next  sittings  of  the  Supreme  Court, 

to  pay  sa^h  costs  as  the  said  Court  shall  award  on  such 

tjdim ;  and  the  judge  or  judges  in  the  said  next  sittings 

he  Supreme  Court  are  hereby  authorized  and  required  to 

r  and  determine  the  matter  of  the  said  appeal,  and  to 

8 


li4  CoifBINATIONS   OF  WOSkMSK.  [aFPSNDIX 

award  such  costs  as  to  them  shall  appear  just  and  reiaaoiiable, 
to  be  paid  by  either  party,  which  deasioii  shall  be  final ;  and 
if,  upon  hearing  the  said  iappieal,  the  judgnient  of  the  justices  be- 
fore whom  the  appellant  shall  have  been  conyicted,  shall  be 
affirmed,  siuch  appellant  shall  immediately  be  committed  iff 
the  said  Court  to  the  common  jail  or  Froyincial  Penitentiaij, 
without  bail,  according  to  such  conviction,  for  the  space  of 
time  therein  mentioned. 

SCHEDULK 

Farm  of  conviction  and  commiimenL 

Be  it  remembered,  that  on  the day  of  ^ 

in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
,  A.  B.  is  convicted  before  us  [naminff  the  JusUeei^ 
two  of  Her  Majesty's  Justices  of  the  Peace  for  the  Uounty  S 
,  of  having,  [statinff  the  offence,]  contrary  to  Chapter 
One  hundred  and  sixty-five  of  the  Bevised  Statutes,  Third 
Series,  **  Of  Combinations  of  Workmen,"  and  we,  the  said 
Justices,  do  hereby  order  and  adjudge  the  said  A.  B.  for  the 
said  offence,  to  be  committed  to,  and  confined  in  the  [oomwum 

jail f  for  the  said  County  of ,  or  Provincial  Pent* 

tentiary  at  Halifax,  there  to  be  kept  to  hard  labor']  for  the 
space  of 

Given  under  our  hands  the  day  and  year  above  written. 

Form    of   commitment  of  a  person     summoned   as  a 

witness* 

Whereas,  C.  D.  hath  been  duly  stmimoned  to  appear  and 
give  evidence  before  us,  [naming  the  justices  who  issued  ikt 
summons f]  two  of  Her  Majesty's  Justices  of  the  Peace  for  the 

County  of ,  on  this day  of ,  at ; 

being  the  time  and  place  appointed  for  hearing  and  deter- 
mining the  complaint  made  by  [the  informer  or  prosecutor] 
before  us,  against  A.  B:,  of  having  [stcUiny  the  offence  ob 
laid  in  the  information]  contrary  to  Chapter  One  hundred 
and  sixty-five  of  the  Revised  Statutes,  Third  Series,  "  Of 
Combinations  of  Workmen  ;  "  and  whereas,  the  said  C.  !)• 
hath  not  appeared  before  us  at  the  time  and  place  aforesaidi 
specified  for  that  purpose,  or  offered  any  reasonable  excdtt 
for  his  [or  her]  default,  [or,  and  whereas,  the  said  C.  IX 
having  appeared  before  us  at  the  time  and  place  sJoressSit 
specified  for  that  purpose,  hath  not  submitted  to  be  ^ 
amined  as  a  witness  and  give  his  [or  het]  evidence  brfbitti'vi^ 
touching  the  matter  of  the  said  coiliplaint,  biit  Klith  ibfifttil 


B.]  AimnVZflVRATIOX   OF   CRXBONAL  JUSTICE.  115 

90 -to  do},  there&re  we,  the  said  justioes,  do  herebj,  in  pur- 
•oiuiGe  ot'tfae  said  statute,  cdmmit  the  said   C.   D.   to  the 

ideserMnff  the  pri9ony']  there  to  remam  without  bail  for  his 
&r  her]  contempt,  aforesaid,  for  ■  "  ■  calendar  months,  or 
until  he  [or  she]  shall  submit  himself  [or  hereelf]  to  be  ^ol- 
amined,  and  give  his  [(yr  her]  evidende  before  us,  touchmg 
the  matter  of  the  said  complaint,  or  shall  otherwise  be  dis- 
charged by  due  course  of  law ;  and  jou,  [the  coneUible,  or 
other  peace  officer  or  officers  to  whom  the  warratU  ie  di^ 
reetoo]  are  hereby  authorized  and  required  to  take  into  your 
custody  the  body  of  the  said  C.  D.,  and  him  [or  her]  safely 
to  convey  to  die  said  prison,  and  him  [or  her]  there  to  d^ 
liver  to  the  jailer  or  keeper  thereof,  who  is  hereby  author- 
ised and  required  to  receive  into  his  custody  the  body  of  the 
aaid  C.  'D.,  and  him  [or  her]  safely  to  detain  and  keep  pursu- 
aut  to  this  commitment. 

'Given  under  oiu:  hands,  this  day  of         ,  in  the  year 

<tf  our  Lo]fd,  one  thousand  eight  hundred  and . 

'\This  commitment  to  be  directed  to  the  proper  peaee 
Ojfieer,and  the  jailer  or  keeper  of  the  prieon.] 

Ohiiptor  81,  Oaudi^  187S. 


OHAFTEB  171. 

OV  THB    ADXINIBTBATION  OF  CRIMINAL  JUBTICB  IK  THE  SUPBXICX 

COURT. 

'59.     Any  person   that  shall   hereafter  be  committed  to  chMiM«c.«oii- 
jdOiiiar  any  offence  or  misdemeanor,  having  means  or  ability  !nt!S92ii?b^ 
Ibereunto,  shall  bear  his  own  reasonable  charges  for  convey-  iSSml^i^ 
iag^or  sending  him  to  jail,  and  the  charges  also  of  such  as  jJSJ^S?to  ' 
dbell    be    appointed    to    guard    him  and  shall    so  guard  reeoTMrthe 
hiaa  tfaidier ;  and  if  any  person  shall  refuse  to  defray  such 
tellttgesy  then  a  justice  of  the  peace,  by  writing  imder  his 
iHna  and  seal,  shall  give  warrant  to  any  constable  to  sell  so 
■moli-of  the  goods  and  chattels  of  the  said  person  so  to  be 
oommitted  as  by  the  discretion  of  the  said  justice  shall  satisfy 
aasdl  pay  the  enlarge  of  his  conveying  and  sending  to  the  jail,  the 
Mpriiiement  to  be  made  by  two  inhabitants  of  the  town  or 
pUKoe  iHiere  such  goods  or  chattels  shall  be,  and  the  overplus 
oKdie  «K>]iey  which  shall  be  made  thereof  to  be  delivered  to 
ihft  wtrlY  to  whom  such  goods  shall  belong. 

» ttO.  .if  the  person  so  to  be  oommitted  shall  not  have  or  P^JgJ^Wy^ 
to  have  any  ^oods  or  chattels  which  may  be  aotd  Gw^d  Ws^. 


116  ADMIKI8TRATI0N   OF   CRIiaNAL   JU8TICB.    [aPPSHIHX 

for  such  purpose,  then  the  said  justice,  on  application  by  any 
constable  or  other  officer  who  so  conveyed  such  person  to  jail, 
shall  upon  oath  examine  into  and  ascertain  the  reasonable  ex- 
penses to  be  allowed  such  constable  or  other  officer,  and  shaU 
forthwith,  without  fee,  by  warrant  under  his  hand  and  seal, 
order  the  Treasurer  of  the  County  to  pay  the  same,  which  the 
Treasurer  is  hereby  required  to  do  as  soon  as  he  receives  sudi 
warrant,  and  any  sum  so  paid  shall  be  allowed  in  his  ac- 
counts. 
Xxp«nMflof  •  61.  When  any  poor  person  shall  appear  on  recognisance 
SowpAidf^'  in  any  court,  to  give  evidence  against  another  accused  of  any 
felony  or  misdemeanor,  it  shall  be  in  the  power  of  the  Court, 
if  it  shall  think  fit,  at  the  prayer  and  on  the  oath  of  sudi 
person,  and  on  consideration  of  his  circumstances,  in  open 
court  to  order  the  Treasurer  of  the  County  in  which  the 
offence  shall  have  been  committed,  to  pay  imto  such  person 
such  simi  of  money  as  to  the  court  shall  seem  reasonable  for 
his  time,  trouble  and  expense ;  which  order  the  proper  o£Bcer 
shall  make  out  and  deliver  unto  such  person,  upon  being  paid 
for  the  same  the  siun  of  ten  cen1;s  and  no  more ;  and  such 
Treasurer  is  hereby  required,  upon  delivery  of  such  order, 
forthwith  to  pay  to  such  person  or  other  person  authoriied 
to  receive  the  same,  such  sum  of  money  as  aforesaid,  and  shall 
be  allowed  the  same  in  his  accounts. 
Where  county         62.     In  case  such  Treasurer  shall  not  have  any  money  in 

treaflorera  have  -i.ii,  ,  ^         ^     r  •'.^ 

no  ftinda  the      ms  hands  to  pay  the  sum   so    ordered   tor   conveying  poor 
tioned*fnSe°     prisoners    to  jail,    or    for   the    attendance  of  witnesses,  the 

uTbi  piid  out""  8^"^^  stall  ^^  paid  out  of  the  public  treasury  of  the  Pro- 
of the  public      viiice 

treaaury. 

Feeaoncrimi.         63.     All  witnesses  on  criminal  trials  attending  on  the  part 
witneaWa  on      of  the  prosecution,  shall  be  entitled,   under   the    sanction  of 
prwieZSio"?.  ^^  ^^^  Court  or  a  judge,  to   receive   from  the  County  Treasurer 
the   same   fees   for   their   travel    and   actual  attendance,  m 
witnesses  in  civil  suits  are  now  entitled  to  receive ;  such  fees 
to  be  paid  on  the  certificate  of  the  Attorney  General,  Queen's 
Coimsel,  or  officer  appointed  by   a  judge    to    conduct  such 
prosecution,  that  such   witnesses   duly   attended  under  sub- 
poena and  gave  evidence  at  such  trials,  and  are  entitled  to  re- 
ceive therefor  the  amount  therein  stated;  and  such  subpoeutf 
shall  be  produced  on  taxation. 
«  to  pay^th"^''      ^*'     ^*^®  County  Treasurer  is  required,  upon  the  deUvoy 
amount.  ©f  the  Prothouotary's  certificate,   to  pay  the  amount  of  A* 

fees  mentioned  therein, 
if  SS  a^roey      ^^'     Whenever,  in  the   absence  of  the  Attorney  GenAfc 
SttrtabiSr ap.    ^^  ®^^^  appear  to  the  Court  expedient  and  necessary  toflj^ 
point  officers  to  point  any  one  coimsel,  to  conduct  and  manage  on  bdidifem; 
^aifofthS      Her  Majesty,  the  proceedings  and  trial  of  any  aMMft 


B.]  ADMnnSTRATION   OF   CRIMINAL  JIJSTICB.  117 

proaecutions  pending  before  the  Court,  it  shall  be  lawful  for  erown;  eon*, 
the  Ck)urt  to  direct  any  Queen's  Counsel  present  therein,  or,  ^^ 
in  his  absence,  to  appoint  from  among  the  barristers  attend- 
ing thereat,  some  one  competent  person  to  conduct  and  man- 
age such  proceedings,  and  to  tax  and  allow  to  him  for  his 
services  such  reasonable  fees  as  he  would  have  been  entitled 
to  for  the  like  services  as  the  attorney  of  any  party  in  a  civil 
action,  together  with  such  reasonable  counsel  fees  not  ex- 
ceeding for  any  one  prosecution  the  sum  of  twenty  dollars, 
as  the  Court  shall  deem  adequate  to  the  services  performed 
on  such  prosecution.  But  the  costs  to  be  taxed  shall  in  no 
case  exceed  thirty  dollars  for  all  writings  and  papers  and  for 
all  counsel  fees  therein ;  and  on  the  allowance  and  taxation 
the  Court  shall  not  allow  for  any  but  necessary  services  and 
expenses,  and  notice  of  the  time  and  taxation  shall  be  given 
to  the  Clerk  of  the  Crown  or  his  deputy. 

66.  Upon  the  production  of  a  certificate  under  the  seal  £jf*pSi*^* 
of  the  Court  of  the  amoimt  so  taxed  and  allowed,  it  shall  be 
lawful  for  the  Governor  to  grant  his  warrant  therefor  upon 

the  Receiver  Gener^,  who  shall  pay  the  amount. 

67.  In  all  cases  where  the  party  prosecuted  shall  be  con-  5of awStyJ****^ 
victed  and  be  found  by  the  Court  of  ability  to   pay  the  ex-  J^J,^  ^J*** 
penses  of  prosecution,  to  be  taken   under  this    Chapter,  the  eipentM  of 
Court  shall  adjudge  such  defendant  to  pay   the   expenses  of  ^"^•*®* 
prosecution,  and  shall  issue  execution  accordingly,  and  the 

amount  shall  be  paid  to  the  Receiver  General. 

75.  A  judge  of  the  Supreme  Court  may  sentence  convicted  STSmMced*^ 
criminals,  on  any  day  of  the  sittings  at  Halifax  as  well  as  in  ^°|^^°<^* 
term  time. 

86.  The  Governor  in  Council  may  order  a  special  sitting  ffJJ—'^^"'" 
of  the  Supreme  Court  in  any  of  the  coimties  of  this  Province  ®*52*f*'ri 
for  the  trial  of  prisoners  charged  with  felonies.  en. 

87.  Such  order  shall  appoint  a  particular  day  when  the  ^'vjj'vj^ 
Court  shall  be  held,  and  shall  be   published   in   the   Royal  the  gazette 
OoMeUe  for  at  least  three  weeks  before  the  day  appointed  for  weeks'nre-    ' 
the  opening  of  the  Court.     Immediately  upon  the  order  being  ^®***' 
inade^  the  Clerk  of  the  Executive  Council  shall  transmit  copies 
thereof  to  the  Chief  Justice,  and  to  the  Frothonotary  and  to 

lihe  Sheriff  of  the  county  wherein  the  special  sitting  of  the 
CSoiirt  is  to  be  held. 

88.  Upon  the  receipt  of  the  order  by  the  Frothonotary,  .^'"""'JJJP' 
lie  AbSL  issue  venires  for  the  grand  and  petit  juries  to  meet  neoeeMry 
at  the  time  specified  therein,  and  the  Sheriff  shall  immediate-  ^  ^''* 
Ij  sonunon  such  juries,  with  constables   and  other   officers 
iHboae.  attendance  is  required  at  such  sitting,  who  shall  be 

ImUft  to  the  same   penalties  for  non-attendance  as  when 
to  attend  the  ordinary  terms  or  sittings  of  the 


118  ADMHOSTRiLTION  OF   GBIMIVAL  JUSTIGS.    [AFFSHmX 


PreddiBf  Judge. 
Proeeadliisi' 
tobswMine 
Ibroo  M  If  bad 
at  ordinary 
terms  or  alt* 
tlngi. 


Prealdlog  Jadge 
mav  a^onm 
aiUdogi. 

Bztended  to 
trials  for  mla- 
demeanora. 


Upon  proof  of 
handwriting  of 
luBtioa  who  haa 
laaued  a  warrant 
for  Udony 
agaloit  person 
escaped  into 
this  province,  a 
Justice  here 
may  endorse 
warrant,  which 
shall  he  snlll- 
dent  avtborfty 
to  arrest  the 
party  and  take 
nlm  Into  the 
province  where 
wan  ant  issued. 


Jodge  may 
direct  Impri- 
sonment in 
penltenttary  or 
common  ^1. 


All  fines  Ac,  to 
be  paid  to  oonn> 
ty  treasnrer. 


How  applied. 


89«  Any  judge  of  the  Supreme  Court  may  pcende  aft  such 
special  sittiiigy  and  all  trials,  judgments  uid  proceedings 
thereat,  shall  have  the  same  force  and  e&ct  as  if  sudi  trials, 
judgments  and  proceedings  had  taken  place  at  one  of  Ae 
ordinary  terms  or  sittings  of  the  Court. 

90.  The  presiding  jury  may  adjourn  the  sittinga  from  dij 
to  day  as  occasion  may  require. 

91.  The  provisions  of  the  last  five  sectionB  mxj  be 
extended  to  the  trials  of  crimihals  charged  widi  nuade- 
meanors. 

94.  K  any  person  against  whom  a  warrant  may  be  lasaed 
by  the  Chief  Justice  of  the  Queen's  Bench,  or  Supreme  Coiiit» 
or  by  any  other  justice  having  competent  authority,  in  anj 
of  Her  Majesty's  provinces  or  governments  in  North  America 
respectively,  for  any  felony  or  other  crime  of  a  high  mltan, 
escapes  into  or  is  found  in   any  part  of  Nova   Scotia,  anj 
justice  of  the  peace  of  the  county,  ci^  or  place  where  such 
person  resides  or  is  supposed  to   be,   may,   upon  due  proof 
being  made  of  the  handwriting  of  such  chief  or  other  |nstioe 
who  issued  the  warrant,  endorse  his,  the  said  justice's,  aamt 
thereon;  and   such   warrant   so   endorsed  shall    be   a  suf- 
ficient authority  to  all  persons  to  whom  such  warrant  wai 
originally  directed,  and  also  to  all  constables  and  policemes 
of  the  county,  city  or  place  where  such  warrant  has  been  so 
endorsed,  to  execute  the  same  by   apprehending   the  penos 
or  persons  against  whom  such  warrant  has  been  granted,  and 
to  convey  him  or  them  into  the  province  or  government  fiom 
which  such  warrant  was  originally  issued,  to  be  dealt  with 
according  to  law. 

95.  In  all  cases  where  an  offender  is  liable  to  imprison- 
ment under  any  statute  of  this  Province,  the  judges  of  tke 
Supreme  Court  may  direct  the  imprisonment  to  be  in  the  Pro- 
vincial Penitentiary,  or  in  the  common  jail  of  the  county,  «t 
their  discretion  ;  but  if  the  judge  shall  direct  the  imprison- 
ment to  be  in  the  common  jail,  such  imprisonment  sImU  uq^ 
extend  beyond  the  period  of  six  months. 

96.  All  fines  and  forfeitures  levied  and  coUecteSl  by  tk 
judgment  of  the  Supreme  Court  in  any  of  the  counties  oi  tUf 
Province,  shall  be  paid  into  the  hands  of  the  County  Treasoicr 
for  such  counties  respectively. 

97.  The  fines  and  forfeitures  so  paid  to  the  ComlJ 
Treasurer  shall  be  paid  and  applied  by  him  towards  the  pif* 
ment  of  witnesses  attending  criminal  trials,  and  also  witnMi 
attending  prosecutions  for  offences  committed  against  ths  fi^ 
visions  of  the  first  and  second  sections  of  Chapter  one  hoMifi 
and  sixty-three  of  the  Revised  Statutes,  Third  Seiias.  ^  tt 
Offences  against   the   Administration  of  Justice**  VMhrttl 


ADMUIIPTRATION   OF  CBJUil^^  fXTBTICE.  119 

rules  and  regqiationt  as  proyided  by  the  act  hereby 
led. 

Witnesses  for  the  prosecution  attending  befi>re  the  !S?i5*?^S^ 

■ .         •     .     ,  ^  ^1  ■  '•^'  ■  i»     ...v  "  M*        wi9a  to  net. 

ju^,  in  cnminal  cases,  and.  witnesses  for  the  prosecution 
ling  on  tl^e  trial  of  indictments,  shaUbe  entitled  to  feesj 
scribed  hj,  section  sixty-three  o^  this  Chapter,  notwitH- 
ng  that  such  attendance  may  not  haVe  been  under  suV 
pr  recognizance ;  provided  diat  the  Court  or  a  judge  ptotIm. 
^e  satisfied,  t^y  affidavit,  that  there  was  reasonal^le  ground 
stituting  the  proceedings,  and  that  the  attenclance  of  the 
•(ses  was  xnaterial  and  necessary,  and  tha.t  they 
led  ^pressly   to  give  such  evidence^  and  for  no  other 

se. 

When  a  person  has  been  convicted,  of  criminal  treason.  Jadft  mi^ 
',  or  misdemeanor,  before  any  court  of  oyer  and  terminer^  tionofiaw. 

delivery,  tiie  judge  before  whoih  the  case  was  tried  may, 

discretion,  reserve  any  questions  of  law  whic^  arose  on 
Lai,  for  the  consideration  of  the  Justices  of  the  Supreme  • 

at  Halifax,  and  thereupon  may  respite  execution  of  the 
lent  on  such  conviction,  or  postpone  the  question  until 
question  has  been  considered  and  decioed ;  and  in  either  prooMdingi 
16  Court  at  which  the  trial  took  place  shall,  in  its  (discretion,  jJJjJiJSf^*" 
it  the  person  convicted  to  prison,  or  take  a  recognizance  of 
vith  one  or  two  sufficient  surety  or  sureties  in  such  sums 
i  Court  thinks  fit,  conditioned  for  his  appearance  at  such 
IS  the  Court  directs,  to  receive  judgment,  or  to  render 
If  in  execution,  as  the  case  may  be. 

).  The  judge  shall  thereupon  state,  in  a  case  to  be  J^Jf  mS^ 
1  by  him,  the  question  or  questions  of  law  so  reserved,  0M«,tobeMBt 
:he  special  circumstances  upon  which  the  same  arose  ; 
Ach  case  shall  be  transmitted  by  the  judge  to  the  Pro- 
tary  of  the  Supreme  Court  at  Halifax,  on  or  before  the 
lay  ot  the  term  of  such  Supreme  ppurt  at  JIalifiu:,  next 
he  time  when  such  trial  was  had. 

I.  The  Justices  of  the  Supreme  Court  shall  hear  and  SSnSIirMm^ 
r  determine  the  said  questions,  and  reserve,  affirm,  or  »nd  make  order 
1  any  judgment  given  on  the  indictment  or  inquisition 
e  trial  whereof  such  questions  arose,  or  shall  avoid  such 
:>ent,  or  order  an  entiv  to  be  made  on  the  record  that  in 
Ldgment  of  the  said  justices  the  pairty  convicted  ought 
>  have  been  convicted,  or  shall  arrest  the  judgment ;  or 
judgment  has  been  given,  shall   order  judgment  to  be 

thereon  ^  some  future  session  of  oyer  and  terminer,  or 
dlivery,  or  shall  make  such  other  order  as  justice  may 
re. 

8.     The  judgment  and  order  of  the  said  justices  shall  be  ?^^°iJ/S?r- 
ed  under  the  hand  of  the  Chief  Justice,  or  senior  judge,  to^jJe^"**' 


120 


ADMINISTRATION   OF  CRIMINAL  JUSTICE.    [aPPBNDIX 


8b«rUrtotoi 
in  aooordaneo 
thereirith. 


Jodfrneoto— 
how  deliyered* 


of  such  Courts  to  the  Clerk  of  the  Crown  of  the  county  in 
which  the  trial  took  place,  who  shall  enter  the  same  on  the 
original  record  in  proper  form ;  and  a  certificate  of  such  entry, 
under  the  hand  of  the  Clerk  of  the  Crown,  in  the  form  as 
near  as  may  be,  or  to  the  effect  mentioned  in  the  schedule 
annexed  to  this  Chapter  with  the  necessary  alterations  to  adapt 
it  to  the  circumstances  of  the  case,  shall  be  delivered  or  trans- 
mitted by  him  to  the  Sheriff  or  jailer  in  whose  custody  tbe 
person  convicted  is  ;  and  the  said  certificate  shall  be  sufficient  to 
warrant  such  Sheriff  or  jailer,  and  all  other  persons,  for  the  exe- 
cution of  the  judgment  as  so  certified  to  have  been  affirmed  or 
amended,  and  execution  shall  thereupon  be  executed  on  such 
judgment ;  or  if  the  judgment  has  been  reversed,  avoided  or 
arrested,  the  person  convicted  shall  be  discharged  from  further 
imprisonment,  and  the  next  court  of  oyer  and  terminer,  or  jail 
delivery,  shall  vacate  the  recognizance  of  bail,  if  any. 

103.  The  judgments  of  the  Justices  of  the  said  Supreme 
Courts  shall  be  delivered  in  open  court,  after  hearing 
counsel,  or  the  parties,  in  case  the  prosecutor  or  perwn 
convicted  thinks  it  fit  that  the  case  should  be  argued,  in 
like  manner  as  the  judgments  of  the  said  Supreme  Oourt  are 
delivered. 


SCHEDULE. 


Whereas  at  the  Supreme  Court  for  the  County  of——, 
held  on ,  before   the   Honorable ,  one  of  the 


Justices  of  the  said  Court,  A.  B.,  late  of 


having  been 


found  guilty  of  felony  and  judgment  thereon  pven,  that  [state 
the  substance]  the  Court  before  whom  he  was  tried  reserved 
a  certain  question  of  law  for  the  consideration  of  the  justices 
of  the  Supreme  Court  at  Halifax,  and  execution  was  there- 
upon respited  in  the  meantime  [as  the  case  may  be]  :  This 
is  to  certify  that  the  Justices  of  the  Supreme  Court  at  Halifix, 

having  met  at  Halifax  in Term,  it  was  considered  by 

the  said  Justices  there  that  the  judgment  aforesaid  should  be 
annulled,  and  an  entry  made  on  the  record  that  the  said  A. 
B.  ought  not,  in  the  judgment  ofthe  said  Justices,  to  have  been 
convicted  ofthe  felony  aforesaid;  and  you  are  hereby  required 
forthwith  to  discharge  the  said  A.  B.  from  your  custody. 

(Signed;  E.  F. 


Note.— The  omitted  •ections  of  thii  Obnpter  repealed  by  Chapter  SS,  Canada,  tHIk 


Bi]  INTSRBST.  121 


II. 


Enaotments  not  forming  part  of  the  Third  Series  of  the 
Bevised  Statates. 

OHAFTEB  82  OF  THE  BEYISED  STATUTES, 

SEGOND  SESIES. 

or    IKTEEX8T. 

£•     Any  person  may,  neverthelessy  contract  for  the  loan  or  ck>iitrMU  re- 
hire of  grain  or  live  stock,  upon  halves  or  otherwise,  upon  the  S^i^wTSoSJ*" 
lender  taking  upon  himself  all  risk  of  such  stock ;  but  if  it  «on»ted* 
shall  appear  that  the  same,  or  any  part  thereof,  perished  or  was 
lost  through  the  wilful  neglect  of  the  borrower,  he  shall  make 
good  to  the  lender  the  full  value  thereof. 

4.  Upon  all  debts   or   sums   certain  payable  at  a  certain  intorert  maybe 
time,  or  otherwise,  the  jury,  and  the  court  where  there  is  no  tain  caM*  for 
jury,  on  the  trial  of  any  issue  or  inquisition  of  damages,  may,  meatl    ^*^' 
if  Uiey  think  fit,  allow  interest   from   the  time   when  such 

debts,  or  sums  certain,  were  payable,  if  such  debts  or  sums 
be  payable  by  virtue  of  some  written  instrument  at  a  certain 
time,  or  if  payable  otherwise,  then  from  the  time  when  de- 
mand of  payment  shall  have  been  made  in  writing,  such  de- 
mand giving  notice  to  the  debtor  that  interest  will  be  claimed 
from  the  date  thereof 

5.  The  jury  on  the  trial  of  any  issue,  or   on   any  inquis-  DamaMintbe 
ition  of  damages,  may,  if  they  shall  thii^  fit,  give  damages  in  eat  mav  ba  ai- 
the  nature  of  interest  above  the  value  of  the  goods  at  the  time  !^Sona.  ^'^'' 
of  the  conversion  or  seizure,  in  all  actions  of  trover  or  trespass 

de  bonis  cuportatis,  and  above  the  money  recoverable  in  all 
actions  on  policies  of  insurance. 

1, 8,  aadS  rapaalad  hj  Obapter  71,  Oaoada,  1171,  a.  6. 


1A8  OATH  QF  AIJJEQIANCS.  [aPPBHO^ 


Ohapter  5  of  the  Aots  of  1865. 

Ektitlsd  **An  Act  to  xwsbtd  Chaptkb  128  ovthxBstiii» 
Stattjtes,  '  Of  thb  Jubibdiotiov  of  Justioeb  ov  thx  Fkioi 
IN  Civil  Cases.'  " 

^o^y  for  htf*  1.  Whosoever  shall  harbor  or  conceal  any  seaman  who  shall 
who%n^^^  have  signed  any  former  articles,  knowing  hun  to  have  deserted 
'^''^^  from  or  to  belong  to  any  other,  i^sssel,  roistered  in  this  Pn>- 

yince,  on  conviction  before  any  two  justices  where  the  offisncs 
is  committed,  shall  pay  such  sum  as  the  said  justices  shall 
adjudge,  not  exceeding  fpcty  dollars  ;  one  moiely  to  the 
Treasiurer  of  the  county  where  the  offignpe  is  comnutted, 
for  the  use  of  the  county,  and  the  other  moiety  to  the  person 
prosecuting. 
peiaitiMfor  2.     tf^sny  person  shall  aj^  or  entice  any  seaman  to  desezt 

tion?*  ***'"  from  any  such  vessel,  or  provide  him  the  means  of  deserting 
therefrom,  or,  with  that  object,  2d,d  him  in  the  removal  of  hu 
chest,  bedding,  apparel,  or  other  property,  from  on  board  anj 
9,uch  vessiel,  or  convey  him  therefrom  without  the  sanction  oi 
the  Ulster,  the  pierson  so  ofiE^nding  shall,  upon  conviction,  be 
liable  to  the  saj^ie  penalties  and  forfeitures  as  contained  in  the 
last  section. 
pen»itie»-bow  S.  Anv  penalty  incurred  under  thi?  Act  may  be  collected  by 
any  person  who  shall  sue  for  the  same,  m  the  same  mamier 
and  before  the  same  courts  as  if  expressed  by  the  Chapter  here- 
by amended, 
portioii  of  4.     So  much  of  the  Chapter  hereby  amended  as  is  inoeiuJ9- 

repealed.  ^''    tout  with  this  Act,  i^  hereby  repealed. 


Obapter  17  of  the  Aots  of  1866. 

Entitled  ^*  As  Act  to  snfobci  the  tasisq  op  the  Oath  of 

AXLEOLOGE." 

«SiU*w^'  I.     Whenever  anyfperson  above  the  ageof  sixteen  years  shiB 

ow,  radios  to  refuse  to  take  the  oath  of  allegiance,  when  required  by  law  W 
le^anoe.fi^iity  do  SO,  in  Order  to  qualify  himself  for  any  office,  the  dutioi  (if 
•nd  u2ble*to*°''  which  he  is  by  law  required  to  perform,  he  shall  be  guilty  d 
p^^raV™'  ^  misdemeanor,  and  shall  be  liable  to  be  imprisoned  £ar  i^ 
term  not  exceeding  six  months. 

NoTjs.— The  remainder  of  UiU  Act  repealed  by  Chapter  10,  Oia«i»,  180S,  ulii 


BSFININO   OF  SUGAR.  US 


Chapter  14  of  the  Aete  of  1867. 

[TLEB  **  An  Act  belatino  to  fHB  BEYnmro  of  Suoab  and 
IS  Mavxtfaotttbe  of  Tobacco." 

It  shall  be  lawful  for  the  proprietor  or  proprietors  of  JXJun'bood 
sugar  refinery  in  the   Province,  beimr  the  importer  or  under  ord«r  of  * 
er  of  sugar^  molasses,  or  other  material,  from  which  re-  oonneii. 
1  sugar  can  be  produced,  to  refine  the  said  sugar  in  bond ; 
dded  such  refimng  be  done  under  such  regulations  as  the 
emor  in  Council  shall,  from  time  to  time,  make  and  impose 
hat  purpose. 

rs.— So  maoh  of  tills  Chapter  m  related  to  the  manvfactoring  of  tobaoco  repealed 
«pter  8,  Caaada,  1807,  s.  1. 


ERRATUM. 

section  14  of  Chapter  126,  page  92,  «fort7«8izth  fections"  thoold  be 
ly-flfth  section.** 


APPENDIX  C. 


^mm 


The  Act  of  the  Imperial  Pariiament,  30^  and 
31^  Victoriae,  Chapter  3,  known  as  "The 
British  North  America  Act,''  1867. 


C]  BfttTXSR'KbitTH  AmnftlCA  ACT.  lifl 


i  - 


^  AND  Si"  VtcrrolOf. 

OEAFtEB  3. 

^  Act  t6b  !hiB  TJMiok  or  CaitajSa,  NWi  Booiti!!,  'ahs  Niw 
BsinrswioK,  and  rmt  QiiriaantKST  'notsasdn ;  ixa  'r6%  ida.-' 
ions  aomtorsD  TBBBBwrtH. 

[29fA  JI/areA,  186T.] 

Whereas  the  ProviQces  of  Canadai  Nova  Scotia,  and  Ne^ 
Brunswick  have  expressed  their  desire  to  be  federally  united 
into  One  Dominion  under  the  Crown  of  the  United  Kingdom 
of  Great  Britain  and  Ireland,  with  a  Constitution  similar  in 
principle  to  that  of  the  United  ICingdom  : 
.  And  whereas  such  a  Union  would  conduce  to  the  welfare 
of  the  Provinces  and  promote  the  interests  of  the  British  £m« 
piire: 

S6ad  whereas  on  the  establishment  of  the  Union  by  author^ 
ily  of  Parliament  it  is  expedient,  not  only  that  the  Constitution 
of  the  Legislative  Authority  in  the  Dominion  be  provided  for, 
but  also  that  the  nature  of  the  Executive  Government  therein 
be  declared  : 

And  whereas  it  is  expedient  that  provision  be  made  for  the 
eventual  admission  into  the  Union  of  other  parts  of  British 
Kcnrth  America : 

Be  it  therefore  enacted  and  declared  by  the  Queen's  most 
Excellent  Majesty,  by  and  with  the  Advice  and  Consent  of  the 
Lords  Spiritual  and  Temporal,  and  Commons,  in  this  present 
Parliament  assembled,  and  by  the  Authority  of  the  same,  as 
fellows: 

1 . — ^PrBUMIH  ART. 

1..  .  ^Piis  Act  may  be  cited  as  The  British  North  America  siiotttitie. 

iit,  1)867. 

i.    -The  provisions  of  this  Act  referring  to  Her  Majesty  the  ^j^j^^  ^ 
Qoeea  extend  also  to  thg  Heirs  and  Successors  of  Her  Majesty,  ferring  to  the 
l^^itttf  Qdeefld  of  the  United  Kihgdom  of  Great  BriMn  ^^''' 
Hid  irelaiid« 


128 


BBITISH  NORTH   AMSBICA  ACT.  [aPFERTOX 


11. — ^Union. 


DeolaratioD  of 
Union. 


CooftrneUon  of 
•abMouent 
proTUioni  of 
Act. 


Fonr 
Prorinee*. 


ProTinote  of 
Ontario  and 
(Quebec. 


ProTiDces  of 
Nova  Scotia 
and  New 
Bmnswlck. 

Decennial 
Census. 


[3.]  *  It  shall  be  lawful  for  the  Queen,  by  and  with  tht 
advice  of  Her  Majesty's  most  Honorable  Priry  Council,  to  de- 
clare by  Proclamation  that,  on  and  after  a  day  therein  ^ 
pointed,  not  being  more  than  six  months  after  the  passing  of 
this  Act,  the  Provinces  of  Canada,  Nova  Scotia  and  Nev 
Brunswick,  shall  form  and  be  One  Dominion,  under  the 
name  of  Canada  ;  and  on  and  after  that  day  those  three  Pro> 
vinces  shall  form  and  be  One  Dominion  under  that  name  ac- 
cordingly. 

4.  The  subsequent  provisions  of  this  Act  shall,  unless  it  is 
otherwise  expressed  or  implied,  commence  and  have  effisct  cm 
and  after  the  Union,  that  is  to  say,  on  and  after  the  day  ap- 
pointed for  the  Union  taking  effect  in  the  Queen's  Prodama- 
tion  ;  and  in  the  same  provisions,  unless  it  is  otherwise  ex- 
pressed or  implied,  the  name  Canada  shall  be  taken  to  mem 
Canada  as  constituted  under  this  Act 

[5.]  Canada  shall  be  divided  into  four  Provinces,  named 
Ontario,  Quebec,  Nova  Scotia  and  New  Brunswick. 

[6.]  The  parts  of  the  Province  of  Canada  (as  it  exists  st 
the  passing  of  this  Act)  which  formerly  constituted  respectivelf 
the  Provinces  of  Upper  Canada  and  Lower  Canada,  shall  be 
deemed  to  be  severed,  and  shall  form  two  separate  Provinces. 
The  part  which  formerly  constituted  the  Province  of  Upper 
Canada  shall  constitute  the  Province  of  Ontario ;  and  the  ptrt 
which  formerly  constituted  the  Province  of  Lower  Canada  shall 
constitute  the  Province  of  Quebec. 

7.  The  Provinces  of  Nova  Scotia  and  New  Brunswick  shall 
have  the  same  limits  as  at  the  passing  of  this  Act 

8.  In  the  general  census  of  the  population  of  Canads 
which  is  hereby  required  to  be  taken  in  the  year  one  thousand 
eight  hundred  and  seventy- one,  and  in  every  tenth  year  there- 
after, the  respective  populations  of  the  four  Provinces  shall  be 
distinguished. 


III. — Executive   Power. 


Declaration  of 


9.  The  Executive  Government  and  authority  of  and  ofcr 
in  the  Qaeen.     Canada  is  hereby  declared  to  continue  and  be  vested  in  the 

Queen. 

10.  The  Provisions  of  this  Act  referring  to  the  GrovefM 
General  extend  and  apply  to  the  Governor  General  for  thati 


AppUoatlon  of 
provisions  re- 
ferriDg  to  Oo* 
vemor  G«naral. 


*  Wherever  in  this  Aot  the  figure  denoting  the  number  of  aaj  MoUoa 
if  plnced  between  brackets,  thus  [31,  li  is  thertby  lootoatad  that  the  pr 
section  or  suD-secdoQ  have  been  Mtber  completely  and  finally  oompllM 
or  snperaeded. 


•rsMP 


C]  BRITISH   NORTH   AMERICA   ACT.  129 

being  of  Canada,  or  other  the  chief  Executive  Officer  or  Ad- 
ministrator for  the  time  being  carrying  on  the  Government  of 
Canada  on  behalf  and  in  the  name  of  the  Queen^  by  whatever 
title  he  is  designated. 

11.  There  shall  be  a  Council  to  aid  and  cdvise  in  the  Gov-  pj°"**^'2nci?* 
emment  of  Canada,  to  be  styled  the  Queen's  Privy  Council  for  for  canacUi. 
Canada ;  and   the   persons   who   are   to  be  members  of  that 
Council  shall  be  from  time  to  time  chosen  and  summoned  by 

the  Governor  General,  and  sworn  in  as  Privy  Councillors ;  and 
members  thereof  may  be  from  time  to  time  removed  by  the 
Governor  General. 

12.  All  powers,    authorities,  and  functions  which,  ^^^der  ah  powe™ 
any  Act  of  the  Parliament  of  Great  Britain,  or  of  the  Parlia-  be  exercited  by 
ment  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  or  nerai  with 

of  the  Legislature  of  Upper  Canada,  Lower  Canada,  Canada,  oouScu  of^^^ 
Nova  Scotia  or  New  Brunswick,  are  at  the  Union  vested  in  *^<*°** 
or  exerciseable  by  the  respective  Governors  or  Lieutenant  Gov- 
ernors of  these  Provinces,  with  the  advice  or  with  the  advice 
and  consent  of  the  respective  Executive  Councils  thereof,  or 
in  conjunction  with  those  Councils,  or  with  any  number  of 
members  thereof,  or  by  those  Governors  or  Lieutenant  Gow- 
emors  individually,  shall,  as  far  as  the  same  continue  in  ex- 
istence and  capable  of  being  exercised  after  the  Union  in  rela- 
tion to  the  Government  of  Canada,  be  vested  in  and  exerciseable 
by  the  Governor  General,  with  the  advice  or  with  the  advice 
and  consent  of  or  in  conjunction  with  the  Queen's  Privy 
Council  for  Canada,  or  any  members  thereof,  or  by  the  Gov- 
ernor General  individually,  as  the  case  requires,  subject  never- 
theless (except  with  respect  to  such  as  exist  under  Acts  of 
Parliament  of  Great  Britain  or  of  the  Parliament  of  the  United 
Kingdom  of  Great  Britain  and  Ireland)  to  be  abolished  or 
altered  bv  the  Parliament  for  Canada. 

IS.     The  provisions  of  this  Act  referring  to  the  Governor  Application  ot 
General  in  Council  shall  be  construed  as  referring  to  the  Qov-  forring  to  oo- 
emor  General  acting  by  and  with  the  advice  of  the   Queen's  i^ oouncu"* 
Privy  Council  for  Canada. 

14.     It  shall  be  lawful  for  the  Queen,  if  Her  Majesty  thinks  Power  to  Her 

*•  ,.,^  ^  ,/,  .•'■'.  MiO®»ty  to  au- 

nt, to  authorize  the  Governor  General  trom  time  to   time  to  thorizo  Oo- 

appoint  any  person  or  any  persons  jointly  or  severally  to  be  llllito  appoint 
luB  Deputy  or  Deputies  within  any  part  or  parts  of  Canada,  and  ^®p^^*«"' 
in  that  capacity  to  exercise  during  the  pleasure  of  the  Governor 
Greneral  such  of  the  powers,  authorities,  and  functions  of  the 
GoTemor  General  as  the  Governor  General  deems  it  necessary 
or  expedient  to  assign  to  him  or  them,  subject  to  any  limit- 
ations or  directions  expressed  or  given  by  the  Queen ;  but  the 
appointment  of  such  a  Deputy  or  Deputies  shaU  not  alkct  the 


ISO 


BRITISH   NORTH   AMERICA  ACT.  [APPESTDa 


Command  of 
armed  foroes 
to  contlnae  to 
be  vested  la 
the  Queen. 


Seat  of  Go- 
▼ernment  of 
Canada. 


exercise   by  the  Governor  General  himself  of  any  power^ 
authority,  or  function. 

15.  The  command  in  chief  of  the  Land  and  Naval 
Militia^  and  of  all  Naval  and  Military  Forces^  of  and  in 
Canada,  is  hereby  declared  to  continue  and  be  vested  in  the 
Queen. 

16.  Until  the  Queen  otherwise  directs  the  seat  of  Govern- 
ment of  Canada  shall  be  Ottawa. 


OonaUtation  of 
Parliament  of 
Canada. 


PriTilegei,  kc, 
ofHonaea. 


Flnt  Mflsion  of 
the  Parliament 
of  Canada. 

Yearly  session 
of  the  Par- 
liament of 
Canada. 


IV. — Legislative  Power. 

17.  'fhere  shall  be  one  Parliament  for  Canada,  consisting 
«)f  the  Queen,  an  Upper   House   styled   the   Senate^  and  the 

House  of  Commons. 

18.  The  privileges,  immunities,  and  powers  to  be  held, 
enjoyed,  and  exercised  by  the  Senate  and  by  the  House  of 
Commons  and  by  the  members  thereof  respectively,  shall  be 
such  as  are  from  time  to  time  defined  by  Act  of  the  Parliament 
of  Canada,  but  so  that  the  same  shall  never  exceed  those  at  the 
passing  of  this  Act  held,  enjoyed,  and  exercised  by  the  Com- 
mons House  of  Parliament  of  the  United  Kingdom  of  Great 
Britain  and  Ireland  and  by  the  members  thereof. 

[19.]  The  Parliament  of  Canada  shall  be  called  togethcf 
not  later  than  six  months  after  the  Union. 

20.  There  shall  be  a  session  of  the  Parliament  of  Canada 
once  at  least  in  every  year,  so  that  twelve  months  shall  not 
intervene  between  the  last  sitting  of  the  Parliament  in  one 
session  and  its  first  sitting  in  the  next  session. 

The  Senate. 


Number  of 
Senators. 


Representation 
of  ProTlnoefl  in 
Senate. 


21.  The  Senate  shall,  subject  to  the  provisions  of  this 
Act,  consist  of  seventy-two  members,  who  sliall  be  styled 
Senators. 

22,  In  relation  to  the  constitution  of  the  Senate,  Canada 
shall  be  deemed  to  consist  of  three  divisions — 

1.     Ontario  ; 
Quebec ; 

The  Mai-itime  Provinces,  Nova  Scotia  and  New  Bnms- 
which  three  divisions  shall  (subject  to  the  provisions  of 
this  Act)  be  equally  represented  in  the  Senate  as  follows:— 
Ontario  by  twenty-four  Senators;  Quebec  by  twenty-four 
Senators  ;  and  the  Maritime  Provinces  by  twenty-four  Senalonb 
twelve  thereof  representing  Nova  Scotia,  and  twelve  tfaeMaf 
representing  New  Brunswick. 

In  the  case  of  Quebec  each  of  the  twenty-four  Se&atoa  S^ 
presenting  that  Province  shall  be   appointed   for  one  of  ttl 


2. 
S. 

wick 


C]  BRITISH   NOETII   AMERICA   ACT.  181 

twenty-four  Electoral  Divisions  of  Lower  Canada  specified  in 
Schedule  A  to  Chapter  One  of  the  Consolidated  Statutes  of 
Canada. 

23.     The    qualifications    of   a   Senator   shall  be   as    fol-  Qaaiifieattons 
lows:—  •'«"^- 

1.  He  shall  be  of  the  full  age  of  thirty  years : 

2.  He  shall  be  either  a  natural  born  subject  of  the  Queen, 

or  a  subject  of  the  Queen  naturalized  by  an  Act 
of  the  Parliament  of  Great  Britain,  or  of  the 
Parliament  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  or  of  the  Legislature  of  one 
of  the  Provinces  of  Upper  Canada,  Lower  Canada, 
Canada,  Nova  Scotia,  or  New  Brunswick,  before 
the  Union,  or  of  the  Parliament  of  Canada  after 
the  Union  : 

3.  He  shall  be  legally  or   equitably  seised  as  of  freehold 

for  his  own  use  and  benefit  of  lands  or  tenements 
held  in  free  and  common  socage,  or  seised  or 
possessed  for  his  own  use  and  benefit  of  lands  or 
tenements  held  in  franc-alleu  or  in  roture,  within 
the  Province  for  which  he  is  appointed,  of  the 
value  of  four  thousand  dollars,  over  and  above  all 
rents,  dues,  debts,  charges,  mortgages  and  en- 
cumbrances due  or  payable  out  of  or  charged  on 
or  affecting  the  same  : 

4.  His  real  and  personal  property  shall  be  together  worth 

four  thousand  dollars  over  and  above  his  debts  and 
liabilities : 

5.  He  shall  be  resident  in  the  Province   for   which   he  is 

appointed : 

6.  In  the  case  of  Quebec   he  shall  have  his  real  property 

qualification  in   the  Electoral  Division  for  which 
he   is   appointed,   or   shall   be  resident   in   that 
Division : 
S4.     The  Grovemor  General  shall,  from  time  to  time,  in  the  Summons  of 
Qaeen's  name,  by  instrument  under  the  Great  Seal  of  Canada, 
summon  qualified  persons  to  the  Senate ;  and  subject  to  the 
provisions   of  this  Act,  every  person  so   summoned  shall  be- 
come  and  be  a  member  of  the  Senate  and  a  Senator. 

[S5.]     Such  persons  shall  be  first  summoned  to  the  Senate  as  Summons  of 
the  Queen  by  warrant  under  Her  Majesty's  Boyal  Sign  Manual  senators^  ^ 
tliinlcs  fit  to  approve,  and  their  names  shall  be  inserted  in  the 
Queen's  Proclamation  of  Union. 

ft6.     If  at  any  time  on  the  recommendation  of  the  Governor  Addiuon  of 
General  the  Queen  thinks  fit  to  direct  that  three  or  six  mem-  fe^tn"  *" 
%ec8  be  added  to  the  Senate,  the  Governor   General  may  by 
mtmnioiiB  to  three  or  six  qualified  persons  (as  the  case  may  be) 


caaca. 


132 


BRITISH   NORTH   AMBRICA   ACT.  [aFPBNDII 


Rcdaetion  of 
8en«le  to  nor- 
mal Domber. 


Maximom 
number  of 
Senators. 

Tennre  of  place 
in  Senate. 


Reaighatlon  of 
place  in  Senate. 


Diaqoalification 
of  Senators. 


mimmoDsoD 
vacancy  in 
Hcnate. 


Qiicdtions  afl  to 
'{ualiflcutionfi 
and  vacancies 
111  donate. 

Appointment  of 
Speaker  of 
Hunate. 


representing  equally  '  the   three   divisions  of  Canada,  add  to 
the  Senate  accordingly. 

27.  In  case  of  such  addition  being  at  any  time  made,  the 
Governor  General  shall  not  summon  any  person  to  the 
Senate,  except  on  a  further  like  direction  by  the  Queen 
on  the  like  recommendation,  until  each  of  the  three  Divi- 
sions of  Canada  is  represented  by  twenty-four  Senators  and  no 
more. 

28.  The  number  of  Senators  shall  not  at  any  time  exceed 
seventy-eight. 

29.  A  Senator  shall,  subject  to  the  provisions  of  this  Act, 
hold  his  place  in  the  Senate  for  jife. 

30.  A  senator  may  by  writing  under  his  hand  addressed  to 
the  Governor  General  resign  his  place  in  the  Senate,  and  there- 
upon the  same  shall  be  vacant. 

81.  The  place  of  a  Senator  shall  become  vacant  in  any  of 
the  following  cases : 

1.  If  for  two  consecutive  sessions  of  the  Parliament  he  fidli 

to  give  his  attendance  in  the  Senate : 

2.  If  he  takes  an  oath  or  makes  a  declaration  or  acknow- 

ledgment of  allegiance,  obedience,  or  adherence 
to  a  foreign  power,  or  does  an  act  whereby  he  be- 
comes a  subject  or  citizen,  or  entitled  to  the 
rights  or  privileges  of  a  subject  or  citizen,  of  a 
foreign  power. 

3.  If  he  is  adjudged  bankrupt  or  insolvent,  or  applies  for 

the  benefit  of  any  law  relating  to  insolvent  debtor?, 
or  becomes  a  public  defaulter  : 

4.  If  he  is  attainted  of  treason  or  convicted  of  felony  or  of 

any  infamous  crime: 

5.  If  he  ceases  to  be  qualified  in  respect  of  property  or  of 

residence ;  provided  that  a  Senator  shaD  not  be 
deemed  to  have  ceased  to  be  qualified  in  respect 
of  residence  by  reason  only  of  his  residing  at  the 
seat  of  the  Government  of  Canada  while  holding 
an  office  under  that  Government  requiring  his 
presence  there. 

82.  When  a  vacancy  happens  in  the  Senate  by  resignation, 
death,  or  otherwise,  the  Governor  General  shall  by  summons  to 
a  fit  and  qualified  person  fill  the  vacancy. 

88.  If  any  question  arises  respecting  the  qualification  of  a 
Senator  or  a  vacancy  in  the  Senate,  the  same  shall  be  heard  and 
determined  by  the  Senate. 

84.  The  Governor  General  may  from  time  to  time,  oif 
instrument  under  the  Great  Seal  of  Canada,  appoint  a  Senator 
to  be  a  Speaker  of  the  Senate,  and  may  remove  him  and  i^poiil 
another  in  his  stead. 


A 


C]  BRITISH   NORTH    AMERICA  ACT.  1S3 

35.  Until  the  Parliament  of  Canada  otherwise  provides,  the  §J^^  ^ 
presence  of  at  least  fifteen  Senators,  including  the  Speaker,  shall 

be  necessary  to  constitute  a  meeting  of  the  Senate  for  the  exer- 
cise of  its  powers. 

36.  Questions  arising  in  the  Senate  shall  be  decided  by  a  S***^  ^ 
majority  of  voices,  and  the  Speaker  shall  in  all  cases  have  a 
vote;  and  when  the  voices  are  equal  the  decision  shall  be 
deemed  to  be  in  the  negative. 

The  House  of  Commons, 

[37.]     The  House   of  Commons  shall,  subject  to  the  pro-  ^^^^J^gSm- 
visions  of  this  Act,  consist  of  one  hundred  and  eighty-one  mem-  monflinCaoada. 
bers,  of  whom  eighty-two  shall  be  elected  for  Ontario,  sixty- 
five  for  Quebec,  nineteen  for  Nova  Scotia,  and  fifteen  for  New 
Brunswick. 

38.  The  Governor  General  shall  from  time  to  time,  in  the  hq^^JJ!"*  ^^ 
Queen's  name  by  instrument  under  the  Great  Seal  of  Canada,  CommoDs. 
summon  and  call  together  the  House  of  Commons. 

39.  A  Senator  shall  not  be  capable  of  being   elected,  or  2it°S*How«Vf 
of  sitting  or   voting   as   a   member  of  the  House  of  Com-  commoiui. 
mons. 

[40.]     Until    the   Parliament   of  Canada    otherwise    pro-  S^J^oTL^** 
vides,  Ontario,  Quebec,  Nova  Scotia  and  New  Brunswick  shall,  four  Province*. 
for  the  purposes  of  the  election   of  members   to  serve  in  the 
House  of  Commons,  be  divided  into  electoral  districts  as  fol- 
lows : 

[\.]— ONTARIO. 

Ontario  shall  be  divided  into  the  counties,  ridings  of  coun- 
ties, cities,  parts  of  cities,  and  towns  enumerated  in  the  First 
Schedule  to  this  Act,  each  whereof  shall  be  an  electoral  district, 
each  such  district  as  numbered  in  that  Schedule  being  entitled 
to  return  one  member. 

[2,]— QUEBEC. 

Quebec  shall  be  divided  into  sixty-five  electoral  districts, 
composed  of  the  sixty-five  electoral  divisions  into  which  Lower 
Canada  is  at  the  passing  of  this  Act  divided  under  Chapter 
Two  of  the  Consolidated  Statutes  of  Canada,  Chapter  Seventy- 
five  of  the  Consolidated  Statutes  for  Lower  Canada,  and  the  Act 
of  the  Province  of  Canada  of  the  twenty-third  yeai-  of  the  Queen, 
Chapter  One,  or  any  other  Act  amending  the  same  in  force 
at  the  Union,  so  that  each  such  electoral  division  shall  be  for 
the  porposes  of  this  Act  an  electoral  district  entitled  to  re- 
tam  one  member. 


1S4 


BRITISH   NORTH   ABfBRICA   ACT.  [APPENDIX 


[S.]—yOVA  8G0TIA. 

Each  of  the  eighteen  counties  of  Nora  Scotia  shall  be  an 
electoral  district.  The  County  of  Halifax  shall  be  entitled  to 
return  two  members,  and  each  of  the  other  counties  one 
member. 


CJontinuaiice  of 
fzlating  elec- 
tion lawa  nntil 
rarliament  of 
Canada  other- 
wise provides. 


WriU  for  firt-t 
election. 


[^,]—yEW  BRUNSWICK. 

Each  of  the  fourteen  counties  into  which  New  Brunswick 
is  divided,  including  the  City  and  County  of  St.  John^ 
shall  be  an  electoral  district.  The  City  of  St.  John  shall 
also  be  a  separate  electoral  district.  Each  of  those  fifteen 
electoral  districts  shall  be  entitled  to  return  onie  mem- 
ber. 

[41.]  Until  the  Parliament  of  Canada  otherwise  provides^ 
all  laws  in  force  in  the  several  Provinces  at  the  Union  relative 
to  the  following  matters  or  any  of  them,  namely, — the  qualifi- 
cations and  disqualifications  of  persons  to  be  elected  or  to  sit 
or  vote  as  members  of  the  House  of  Assembly  or  Legislative 
Assembly  in  the  several  Provinces,  the  voters  at  elections  of 
such  members,  the  oaths  to  be  taken  by  voters,  the  returning 
officers,  their  powers  and  duties,  the  proceedings  at  elections, 
the  periods  during  which  elections  may  be  continued,  the 
trial  of  controverted  elections,  and  proceedings  incident  there- 
to, the  vacating  of  seats  of  members,  and  the  execution  of  new 
writs  in  case  of  seats  vacated  otherwise  than  by  dissolution, — 
shall  respectively  apply  to  elections  of  members  to  serve  in  the 
House  of  Commons  for  the  same  several  Provinces. 

Provided  that,  until  the  Parliament  of  Canada  otherwise 
provides,  at  any  election  for  a  member  of  the  House  of  Com- 
mons for  the  District  of  Algoma,  in  addition  to  persons  quali- 
fied by  the  law  of  the  Province  of  Canada  to  vote,  every  male 
British  subject,  aged  twenty-one  years  or  upwards  being  a  house- 
holder, shall  have  a  vote. 

[42.]  For  the  first  election  of  members  to  serve  in  the 
House  of  Commons,  the  Governor  General  shall  cause  writs  to 
be  issued  by  such  person,  in  such  form,  and  addressed  to  such 
returning  officers  as  he  thinks  fit. 

The  person  issuing  writs  under  this  section  shall  have  the 
like  powers  ^s  are  possessed  at  the  Union  by  the  officers  charged 
with  the  issuing  of  writs  for  the  election  of  members  to  aeitB 
in  the  respective  House  of  Assembly  or  Legislative  \ Assembfy 
of  the  Province  of  Canada,  Nova  Scotia,  or  New  Bnmi' 
wick ;  and  the  returning  officers  to  whom  writs  are  f&t 
sessed  under  this  section  shall  have  the  like  powen  m  fli 
possessed  at  the   Union  by  the  officers  charged  with  lb 


C]  BRITISH   NORTH   AMERICA   ACT.  1S6 

returning  of  writs  for  tW  election  of  members  to  serve  in 
the  same  respective  House  of  Assembly  or  Legislative  As- 
sembly. 

[43.1  In  case  a  vacancv  in  the  representation  in  the  House  Astooa«umi 
of  Commons  of  any  electoral  district  happens  before  the  meet- 
ing of  the  Parliament,  or  after  the  meeting  of  the  Parliament 
before  provision  is  made  by  the  Parliament  in  this  behalf,  the 
provisions  of  the  last  foregoing  section  of  this  Act  shall  extend 
and  apply  to  the  issuing  and  returning  of  a  writ  in  respect  of 
such  vacant  district. 

44.  The  House  of  Commons  on  its  first  assembling  after  a  -^"  *<>  jj^ction 
general  election  shall  proceed  with  all  practicable  speed  to  elect  houm  of 
one  of  its  members  to  be  Speaker.  °°^ 

45.  In  case  of  a  vacancy  happening  in  the  office  of  Speaker  Aa  to  fliung  up 
by  death,  resignation,  or  otherwise,  the   House  of  Commons  IfSpiwien 
shall  with  all  practicable  speed  proceed  to  elect  another  of  its 
members  to  be  Speaker. 

46.  The  Speaker  shall  preside  at  all  meetings  of  the  House  8pc«5«r  to 
of  Commons. 

47.  Until  the  Parliament  of  Canada  otherwise  provides,  in  Provision  in 
case  of  the  absence  for  any  reason  of  the   Speaker   from  the  of  speaker. 
chair  of  the  House  of  Commons  for  a  period  of  forty-eight  con- 
secutive hours,  the  House  may  elect  another  of  its  members  to 

act  as  Speaker,  and  the  member  so  elected  shall,  during  the 
continuance  of  such  absence  of  the  Speaker  have  and  execute 
all  the  powers,  privileges  and  duties  of  Speaker. 

48.  The  presence  of  at  least  twenty  members  of  the  House  Quorum  of 

/•/^  ini  •  •/•!       Home  of 

of  Commons  shaLL  be  necessary  to  constitute  a  meetmg  ot  the  commons. 
House  for  the  exercise  of  its  powers ;  and  for  that  purpose  the 
Speaker  shall  be  reckoned  as  a  member. 

49.  Questions*  arising  in  the  House  of  Commons  shall  be  HoSSf  of 
decided  by  a  majority  of  voices  other  than  that  of  the  Speaker;  Commons. 
and  when  the  voices  are  equal,  but  not  otherwise,  the  Speaker 

shall  have  a  vote. 

50.  Every  House  of  Commons  shall  continue  for  five  years  Duration  of 
from  the  day  of  the  return  of  the  writs  for  choosing  the  House  Commons. 
(subject  to  be  sooner  dissolved  by  the  Governor  General),  and 

BO  longer. 

51.  On  the  completion   of  the  census  in  the  year  one  ]^^^^5*Jf 
thomumd  eight  hundred  and  seventy-one,  and  of  each  subse-  represenution. 
qpfmt  decennial  census,  the  representation  of  the   four  Pro-      ^ 
yinces  shall  be  readjusted  by  such  authority,  in  such  manner, 

and  from  such  time,  as  the  Parliament  of  Canada  from  time 
to  time  provides,  subject  and  according  to  the  following 
raks: — 

1.     Quebec  shall  have  the  fixed  number  of  sixty-five  mem- 


136 


BRITISH   NORTH   AMBBICA  ACT.  [APPENDIX 


iDcrease  of 
nambor  of 
HoQse  of  Com- 
moQ«. 


2.  There  shall  be  assigned  to  each  of  the  other  Provinces 

such  a  number  of  members  as  will  bear  the  same 
proportion  to  the  number  of  its  population  (ascer- 
tained at  such  census)  as  the  number  sixty-five 
bears  to  the  number  of  the  population  of  Quebec 
(so  ascertained) : 

3.  In  the  computation  of  the  number  of  members  for  a 

Province  a  fractional  part  not  exceeding  one 
half  of  the  whole  number  requisite  for  entitling 
the  Province  to  a  member  shall  be  disr^arded  ; 
but  a  fractional  part  exceeding  one  half  of 
that  number  shall  be  eq^valent .  to  the  whole 
number : 

4.  On  any   such  re-adjustment  the  number  of  members 

for  a  Province   shall  not  be  reduced  unless  the 
proportion  which  the  number  of  the  population 
of  the  Province  bore  to  the  number  of  the  aggre- 
gate population  of  Canada  at  the  then  last  preced- 
ing  re-adjustment   of  the  number   of  members 
for  the  Province  is  ascertained  at  the  then  latest 
census  to  be  diminished  by  one  twentieth  part  or 
upwards : 
6.     Such  readjustment  shall  not  take  effect  until  the  termi- 
nation of  the  then  existing  Parliament. 
52.     The  number  of  members  of  the  House    of  Commons 
may  bo  from  time    to    time    increased    by    the  Parliament  of 
Canada;  provided  the  proportionate  representation  of  the  Pro- 
vinces prescribed  by  this  Act  is  not  thereby  disturbed. 


Appropriation 
d  tax  bills. 


an 


Recommendfi- 
Uon  of  money 
votes. 


Royal  assent  to 
bills,  Ac. 


Money  Votes;   Royal  Assent, 

53.  Bills  for  appropriating  any  part  of  the  public  revenue, 
or  for  imposing  any  tax  or  impost,  shall  originate  in  the  House 
of  Commons. 

54.  It  shall  not  be  lawful  for  the  House  of  Commons  to 
adopt  or  pass  any  vote,  resolution,  address,  or  bill  for  the 
appropriation  of  any  part  of  the  public  revenue,  or  of  any  tax 
or  impost,  to  any  purpose  that  has  not  been  first  recommended 
to  that  House  by  message  of  the  Governor  Geneial  in  the 
session  in  which  such  vote,  resolution,  address,  or  bill  is 
proposed. 

55.  Where  a  bill  passed  by  the  Houses  of  the  Parliament 
is  presented  to  the  Governor  General  for  the  Queen's  assed^ 
he  shall  declare,  according  to  his  discretion,  but  subject  U 
the  provisions  of  this  Act  and  to  Her  Majesty's  instructkiiif 
either  that  he  assents  thereto  in  the  Queen's  name,  or  that  b 


C]  BRITISH   NORTH   AMERICA   ACT.  187 

withholds  the  Queen's  assent,  or  that  he  reserves  the  bill  for 
the  signification  of  the  Queen's  pleasure. 

56.     Where  the  Governor  Genelral  assents  to  a  biU  in  the  J"*^JJ'5JJ^* 
Queen's  name,  he  shall  by  the   first   convenient   opportunity  cJundiofact 
send  an  authentic  copy  of  the  Act  to  one  of  Her  Majesty's  Governor    ^ 
Principal  Secretaries  of  State,  and  if  the  Queen  in  Council    •"•"**• 
within  two  years  after  receipt  thereof  by  the  Secretary  of  State 
thinks  fit  to  disallow  the  Act,  such  disallowance  (with  a  certifi- 
cate of  the  Secretary  of  Stnte  of  the  day  on  which  the  Act  was 
received  by  him)  being  signified  by  the  Governor  General,  by 
Speech  or  Message  to  each  of  the  Houses  of  the  Parliament  or 
by  Proclamation,  shall  annul  the  Act  from  and  after  the  day 
of  such  signification. 

67.  A  bill  reserved  for  the  signification  of  the  Queen's  Q^*n,s*^***"  **' 
pleasure  shall  not  have  any  force  unless  and  until  within  two  Sewure  on 
years  from  the  day  on  which  it  was  presented  to  the  Governor 
Greneral  for  the  Queen's  assent,  the  Governor  General  signifies, 
by  Speech  or  Message  to  each  of  the  Houses  of  the  Pai'liament 
or  by  Proclamation,  that  it  has  received  the  assent  of  the  Queen 
in  Council. 

An  entry  of  every  such  Speech,  Message  or  Proclamation 
shall  be  made  in  the  Journal  of  each  House,  and  a  duplicate 
thereof  duly  attested  shall  be  delivered  to  the  proper  officer  to 
be  kept  among  the  records  of  Canada. 


V. — Provincial   Constitutions. 
Executive  Power, 
68.     For  each  Province  there  shall  be  an  officer,  styled  the  Appointment  of 

«••  r>  *  ^    y  \         r^  r^  ^    *       Lieutenant 

Lieutenant  Governor,  appomted  by  the  Governor  General  in  Governor*  of 
Council  by  instrument  under  the  Great  Seal  of  Canada. 

59.  A   Lieutenant  Governor  shall  hold  office  during  the  Tenure  of  office 
pleasure  of  the  Governor  General;  but  any  Lieutenant  Gov-  Governor. 
emor  appointed  after  the  commencement  of  the  first  session  of 

the  Parliament  of  Canada  shall  not  be  removeable  within  five 
years  from  his  appointment,  except  for  cause  assigned,  which 
•hall  be  communicated  to  him  in  writing  within  one  month 
after  the  order  for  his  removal  is  made,  and  shall  be  communi- 
cated by  Message  to  the  Senate  and  to  the  House  of  Commons 
within  one  week  thereafter  if  the  Parliament  is  then  sitting;  and 
if  not,  then  within  one  week  after  the  commencement  of  the 
next  session  of  the  Parliament. 

60.  The  salaries  of  the  Lieutenant  Governors  shall  be  fixed  Saiarie*  of 
and  provided  by  the  Parliament  of  Canada.  Governors. 

61.  Every  Lieutenant  Oovemor  shall,  before  assuming  the  Oaths,  kc., 


138  BRITISH   NOKTII   AMERICA   ACT.  [aFPENBIX 

of  Lieutenant     duties  of  his  office,  make  and  subscribe  before  the  GoYernor 
General  or   some    person   authorized   by  him,    oaths  of  al- 
legiance  and   office   similar  to  those  taken  by  the  Groyemor 
General. 
Application  of        62.     The  provisious  of  this  Act  referring  to  the  lieutenant 
^erriag^touen-  Govomor  extend  and  apply  to  the    Lieutenant   Governor  for 
^rnor.^         the   time  being  of  each  Province  or  other  the  chief  execa- 
tive  officer   or  administrator  for   the  time  being  carrying  on 
the  Government  of  the  Province,  by  whatever  title  he  is  de- 
signated. 
Amintment  of      63.     The  Executive  Council  of  Ontario  and  of  Quebec  shall 
officers  for        be  composed  ot  such  persons  as  the  Lieutenant  Governor  from 
Quebec.  time  to  time  thinks  fit,  and  in  the  first  instance  of  the  follow- 

ing officers,  namely, — the  Attorney  General,  the  Secretary  and 
Registrar  of  the  Province,  the  Treasurer  of  the  Province,  the 
Commissioner  of  Crown   Lands,  and   the   Commissioner  of 
Agriculture  and  Pubhc  Works,  with,  in  Quebec,  the  Speaker  of 
the  Legislative  Council  and  the  Solicitor  General. 
Kxwjutive  Go-        [64.]     The  constitution  of  the  executive  authority  in  each 
Nova  Scotia  and  of  the  Provinccs   of  Nova  Scotia  and  New  Brunswick  shall, 
wfck.  ^^^       subject   to   the  provisions   of  this    Act,  continue    as  it  ex- 
ists at  the  Union  until   altered   under   the   authority  of  this 
Act. 
rowers  to  be  65.     All  Dowers,  authorities   and   functions  which,  under 

cxcrcised  dv 

Lieutenant  any  Act  of  the  Parliament  of  Great  Britain,  or  of  the  Parlia- 
onta^^of^  ment  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  or 
Id^vioror  alone.  ^^  ^^^®  Legislature  of  Upper  Canada,  Lower  Canada,  or  Canada, 
were  or  are  before  or  at  the  Union  vested  in  or  exerciseable 
by  the  respective  Governors  or  Lieutenant  Governors  of  those 
Provinces,  with  the  advice,  or  with  the  advice  and  consent,  of 
the  respective  Executive  Councils  thereof,  or  in  conjunction 
with  those  Councils,  or  with  any  number  of  members  thereof, 
or  by  those  Governors  or  Lieutenant  Governors  individualljT 
shall,  as  far  as  the  same  are  capable  of  being  exercised  after 
the  Union  in  election  to  the  Government  of  Ontario  and  Que- 
bec respectively,  be  vested  in  and  shall  or  may  be  exercised 
by  the  lieutenant  Governor  of  Ontario  and  Quebec  respect- 
ively, with  the  advice  or  with  the  advice  and  consent  ol  or  b 
conjunction  with  the  respective  Executive  Councils,  or  any 
members  thereof,  or  by  the  Lieutenant  Governor  individuaUji 
as  the  case  requires,  subject  nevertheless  (except  with  respect 
to  such  as  exist  under  Acts  of  the  Parliament  of  Great  BrittfDb 
or  of  the  Parliament  of  the  United  Kingdom  of  Great  BritaB 
and  Ireland,)  to  be  abolished  or  altered  by  the  respeeini 
Legislatuies  of  Ontario  and  Quebec. 
pr^o^wSS?  re"?  6^-  The  provisions  of  this  Act  referring  to  the 
ferrinf  to  Liou-  Grovemor  in  Council  shall  be  construed  as  referring  to  die 


C;.]  BRITISH   NORTH   AMERICA   ACT.  189 

tenant  Governor  of  the  Province  acting  by  and  with  the  advice  jn^coaSdi?"*"^ 
of  the  Executive  Council  thereof. 

67.  The  Governor  General  in  Council  may  from  time  to  Adminijtration 
time  appoint  an  administrator  to  execute  the  office  and    func-  of  Lieutenant  '* 
tioiis  of  Lieutenant  Governor  during  his  absence^  illness,  or  ®°^™°'- 
other  inability. 

68.  Unless  and  until   the  Executive  Government  of  any  5in*?af o*wn- 
Province  otherwise  directs  with  respect  to  that  Province,  the  mont«. 
Seats  of  Government  of  the    Provinces   shall  be  as  follows, 
namely,— -of  Ontario,  the  City  of  Toronto  ;  of  Quebec,   the 

CSty  of  Quebec  ;  of  Nova  Scotia,  the  City  of  Halifax ;  and  of 
New  Brunswick,  the  City  of  Fredericton. 


Legislative   Power. 
I.— ONTARIO. 

69.     There  shall  be  a  Legislature  for  Ontario,  consisting  of  oSuSio?'*  ^^^ 
the  Lieutenant  Governor  and  of  one  house,  styled  the  Legis- 
lative Assembly  of  Ontario. 

[70.]     The  Legislative  Assembly  of  Ontario  shall  be  com-  JlSlST^ 
posed  of  eighty- two  members,  to  be  elected  to  represent  the 
eighty-two  electoral  districts  set  forth  in  the  first  Schedule  to 
this  Act 

^.—QUEBEO. 

7L     There  shall  be  a  Legislature  for  Quebec  consisting  of  ^?^!""  '^^ 
the  Lieutenant  Governor  and  of  two  houses,  styled  the  Legis- 
lative  Council  of  Quebec  and  the  Legislative  Assembly  of 
Quebec 

7«.  The  Legislative  Council  of  Quebec  shall  be  composed  SSwSiTr'*^ 
rf  twenty-four  membera,  to  be  appointed  by  the  Lieutenant  Oouncii. 
Governor  in  the  Queen's  name,  by  instrument  under  the  Great 
Seal  of  Quebec,  one  being  appointed  to  represent  each  of  the 
twenty-four  electoral  divisions  of  Lower  Canada  in  this  Act 
referred  to,  and  each  holding  office  for  the  term  of  his  life, 
unless  the  Legislature  of  Quebec  otherwise  provides  under  the 
provisions  of  this  Act 

78.     The  qualifications  of  the   Legislative   Councillors  of  oaaiiflcauon  of 
Quebec   shall    be   the   same   as   those   of  the   Senators   for  ooancmon. 
Quebec. 

74.     The  place  of  a  Legislative  Councillor  of  Quebec  shall  Hjerfgw^ai^ 
become  vacant  in  the  cases,  mutatis  mutandis^  in  which  the  k^^     ^  ^  * 
place  of  Senator  becomes  vacant 

76*    When  a  vacancy  happens  in  the  L^slative  Council  of  vaoudet. 


140 


BRITISH   NORTH   AMERICA   ACT.  FAPPENrnX 


Questions  as  to 
Tacanciet,  Ate. 


Speaker  of 
Legislative 
Gonneil. 


Qaomm  of 
LegisUtlre 
Ooancll. 


Voting  in  Lecis- 
lative  Cooncfi. 


Oonstitation 
of  Legislative 
Assembly  of 
Quebec. 


Quebec  by  resignation,  death,  or  otherwise,  the  Lieutenant 
Governor  in  the  Queen's  name,  by  instrument  under  the  Great 
Seal  of  Quebec,  shall  appoint  a  fit  and  qualified  person  to  nil 
the  vacancy. 

76.  If  any  question  arises  respecting  the  qualification  of  a 
Legislative  Councillor  of  Quebec,  or  a  vacancy  in  the  Lcgii- 
lative  Council  of  Quebec,  the  same  shall  be  heard  and  d^- 
mined  by  the  Legislative  Council 

77.  The  Lieutenant  Governor  may  fi*om  time  to  time,  by 
instrument  under  the  Great  Seal  of  Quebec,  appoint  a 
member  of  the  Legislative  Council  of  Quebec  to  be  Speaker 
thereof,  and  may  remove  him  and  appoint  another  in  Ui 
stead. 

78.  Until  the  Legislature  of  Quebec  otherwise  provides,  die 
presence  of  at  least  ten  members  of  the  Legislative  Council, 
including  the  Speaker,  shall  be  necessary  to  constitute  a  meet- 
ing for  the  exercise  of  its  powers. 

7  9.  Questions  arising  in  the  Legislative  Council  of  Quebec 
shall  be  decided  by  a  majority  of  voices,  and  the  Speaker 
shall,  in  all  cases,  have  a  vote,  and  when  the  voices  are  equal 
the  decision  shall  he  deemed  to  be  in  the  negative. 

80.  The  Legislative  Assembly  of  Quebec  shall  be  com- 
posed of  sixty-five  members,  to  be  elected  to  represent  the 
sixty-five  electoral  divisions  or  districts  of  Lower  Canada  in 
this  Act  referred  to,  subject  to  alteration  thereof  by  tk 
Legislature  of  Quebec ;  provided  that  it  shall  not  be  lawful  to 
present  to  the  Lieutenant  Governor  of  Quebec  for  assent  any 
bill  for  altering  the  limits  of  any  of  the  electoral  divisions  or 
districts  mentioned  in  the  second  Schedule  to  this  Act,  unless 
the  second  and  third  readings  of  such  bill  have  been  passed  in 
the  Legislative  Assembly  with  the  concurrence  of  the  majority 
of  the  members  representing  all  those  electoral  divisions  or 
districts,  and  the  assent  shall  not  be  given  to  such  bill  un- 
less an  address  has  been  presented  by  the  Legislative 
Assembly  to  the  Lieutenant  Governor  stating  that  it  has  been 
so  passed. 


S.— ONTARIO  AND   QUEBEO. 


First  sesaion  of 
legislatures. 


Hummoning  of 

Legislative 

Assemblies. 


Restriction  on 


[81  ]  The  Legislatures  of  Ontario  and  Quebec  respectivelT 
shall  be  called  together  not  later  than  six  months  after  the 
Union. 

82.  The  Lieutenant  Governor  of  Ontario  and  of  QudjK 
shall  from  time  to  time,  in  the  Queen's  name,  by  instrumeal 
under  the  Great  Seal  of  the  Province,  summon  and  call  to- 
gether the  Legislative  Assembly  of  the  Province. 

83.  Until  the  Legislature  of  Ontario  or  of  Quebec  otherwMi 


i^. 


BRITISH   NORTH   AMERICA   ACT.  141 

des,  a  person  accepting  or  holding  in  Ontario  or  in  Que-  eiecuon  of 

fn  y  .   ^  Y  holder*  of 

iny   orace,   commission,   or  employment  permanent   or  offices, 
jrary,  at  the  nomination  of  the  Lieutenant  Governor,  to 
I  an  annual  salaiy,  or  any  fee,  allowance,  emolument,  or 

of  any  kind  or  amount  whatever  from  the  Province  is 
led,  shall  not  be  eligible  as  a  member  of  the  Legislative 
nbly  of  the  respective  Province,  nor  shall  he  sit  or  vote 
3h ;  but  nothing  in  this  section  shall  make  ineligible  any 
n  being  a  member  of  the  Executive  Council  of  the  re- 
ve  Province,  or   holding  any   of  the   following  offices,  ^ 

s  to  say,  the  offices  of  Attorney  General,  Secretary  and 
trar  of  the  Province,  Treasurer  of  the  Province,  *  om- 
mer  of  Crown  Lands,  and  Commissioner  of  Agriculture 
'ublic  Works,  and  in  Quebec  Solicitor  General,  or  shall 
alify  him  to  sit  or  vote  in  the  House  for  which  he  is 
d,  provided  he  is  elected  while  holding  such  office. 
[.]     Until  the  Legislatures  of  Ontario  and  Quebec  respec-  ConUnuanceof 

otherwise  provide,  all  laws  which  at  the  Union  are  in  faw«.°*^* 
in  those  provinces  respectively,  relative  to  the  following 
rs,  or  any  of  them,  namely, — the  qualifications  and  dis- 
ications  of  persons  to  be  elected  or  to  sit  or  vote  as  mem- 
)f  the  Assembly  of  Canada,  the  qualifications  or  disqualifi- 
is  of  voters,  the  oaths  to  be  taken  by  voters,  the  returning 
rs,  their  powers  and  duties,  the  proceedings  at  elections, 
eriods  during  which  such  elections  may  be  continued, 
he  trial  of  controverted  elections  and  the  proceedings  inci- 
thereto,  the  vacating  of  the  seats  of  members  and  the 
ig  and  execution  of  new  writs  in  case  of  seats  vacated 
wise  than  by  dissolution,  shall  respectively  apply  to  elec- 
of  members  to  serve  in  the  respective  Legislative  Assem- 
of  Ontario  and  Quebec. 

ovided  that  until  the  Legislature  of  Ontario  otherwise 
des,  at  any  election  for  a  member  of  the  Legislative  As- 
ly  of  Ontario  for  the  District  of  Algoma,  in  addition  to 
ns  qualified  by  the  law  of  the  Province  of  Canada  to  vote, 

male  British  subject  aged  twenty-one  years  or  upwards, 
;  a  householder,  shall  have  a  vote. 

.  Every  Legislative  Assembly  of  Ontario  and  every  Dnrauon  of 
ilative  Assembly  of  Quebec  shall  continue  for  four  years  A^SlmbUw. 
the  day  of  the  return  of  the  writs  for  choosing  the  same 
3ct  nevertheless  to  either  the  Legislative  Assembly  of 
io  or  the  Legislative  Assembly  of  Quebec  being  sooner 
ved  by  the  Lieutenant  Govenior  of  the  Province,)  and 
nger. 

,  There  shall  be  a  session  of  the  Legislature  of  Ontario  Yearly  sewion 
f  that  of  Quebec  once  at  least  in  every  year,  so  that  twelve  °  ^'"'*^' 
hs  shall,  not  intervene  between  the  last  sitting  of  the 


142  BRITISH   HORTH   AMKRICA    ACT.  [APPEKDa 

Legislature  in  each  Province  in  one  session  and  its  first  tittiDg 
in  the  next  session. 
Speaker,  87.     The  following  provisions  of  this   Act   respectiiig  the 

qttonim,  Ice.  Ji^uge  of  Commons  of  Canada  shall  extend  and  apply  to  the 
Legislative  Assemblies  of  Ontario  and  Quebec,  that  is  to  ssf, 
— the  provisions  relating  to  the  election  of  a  Speaker  origiaaJty 
and  on  vacancies,  the  duties  of  the  Speaker,  the  absence  of  tk 
Speaker,  the  quorum,  and  the  mode  of  voting,  as  if  those  pro- 
visions were  here  re-enacted  and  made  applicable  in  terms  to 
each  such  Legislative  Assembly. 

4.— NOVA  SCOTIA  AND  NJSW  BRUN8WIQK. 


/ 


Constitiitioiit  of  [8S*]  The  constitution  of  the  Legislature  of  each  of  tk 
SoS^sStUMd  Provinces  of  Nova  Scotia  and  New  Brunswick  shall,  snbjectto 
New  Bniu§w»ck  ^he  provisions  of  this  Act,  continue  as  it  exists  at  the  UniBi 
until  altered  under  the  authority  of  this  Act ;  and  the  Hoase 
of  Assembly  of  New  Brunswick  existing  at  the  passing  of  this 
Act  shall,  unless  sooner  dissolved,  continue  for  the  period  6r 
which  it  was  elected. 

5.— ONTARIO,  QUE  BEG,  AND  NOVA  SOOTU 

First  elections.  [B9.]  Each  of  the  Lieutenant  Governors  of  Ontario,  Qftt- 
bee,  and  Nova  Scotia,  shall  cause  writs  to  be  issued  for  the  first 
election  of  members  of  the  Legislative  Assembly  thereof  is 
such  form  and  by  such  person  as  he  thinks  fit,  and  at  such 
time  and  addressed  to  such  returning  officer  as  the  Governor 
General  directs,  and  so  that  the  first  election  of  member  of 
Assembly  for  any  electoral  district  or  any  subdivisions  thereof 
shall  be  held  at  the  same  time  and  at  the  same  places  as  the 
election  for  a  member  to  serve  in  the  House  of  Commons  of 
Canada  for  that  electoral  district^ 

6.— THE  FOUR  PROVINCES. 

Application  to        ^^'     The  foUowing  provisions  of  this   Act  respecting  the 

pi^'sioM^re-^^  Parliament  of  Canada,  namely, — the  provisions   relating  to 

MpecUng  money  appropriation  and  tax  bills,  the  recommendation  of  money 

,  votes,  the  assent  to  bills,  the  disallowance  of  Acts,  and  the 


signification  of  pleasure  on  bills  reserved, — shall  extend  loi 
apply  to  the  Legislatures  of  the  several  Provinces  as  if  tlMie 
provisions  were  here  re-enacted  and  made  applicable  in  UsM 
to  the  respective  Provinces  and  the  Legislatures  thereof  wiA 
the  substitution  of  the  Lieutenant  Governor  of  the  FtofOKB 
for  the  Governor  General,  of  the  Governor  General  Ac  thi 
Queen  and  for  a  Secretary  of  State,  of  one  year  for  two 
and  of  the  Province  for  Canada. 


BRITISH   NOBTH   AMERICA  ACT.  143 

VI. — ^Distribution  of  Legislative  Powers. 

Powers  of  the  Parliament, 

..     It  shall  be  lawful  for  the  Queen,  by  and  with  the  ad-  LegiaiaUve 
apd  consent  of  the   Senate   and   House   of  Commons,  to  PariiameBt  o\ 
5  laws  for  the  peace,  order,  and  good  government  of  Can-  ^*°*^*- 
in  relation  to  all  matters  not  coming  within  the  classes  of 
3Cts   by   this    Act    assigned    exclusively  to   the   Legis- 
es   of  the    Provinces ;    and    for    greater   certainty,  but 
(O  as  to  restrict    the  generality  of  the  foregoing  terms  of 
section,  it  is  hereby  declared  that  (notwithstanding  any- 
l  in  this   Act)  the  exclusive  legislative  authority  of  the 
Lament  of  Canada  extends  to  all   matters  coming  within 
classes  of  subjects  next  hereinafter  enumerated  ;  that  is  to 

The  public  debt  and  property. 

The  regulation  of  trade  and  commerce. 

The  raising  of  money  by  any  mode  or  system  of  tax- 
ation. 

The  borrowing  of  money  on  the  public  credit. 

Postal  Service. 

The  census  and  statistics. 

Militia,  Military  and  Naval  service,  and  defence. 

The  fixing  of  and  providing  for  the  salaries  and  allow- 
ances of  civil  and  other  o£Scers  of  the  Government 
of  Canada. 

Beacon,  buoys,  lighthouses,  and  Sable  Island. 

Navigation  and  Shipping. 

Quarantine  and  the  establishment  and  maintenance  of 
Marine  Hospitals. 

Sea  coast  and  inland  fisheries. 

Ferries  between  a  Province  and  any  British  or  foreign 
country  or  between  two  Provinces. 

Currency  and  coinage. 

Banking,  incorporation  of  banks,  and  the  issue  of  paper 
money. 

Savings  banks. 

Weights  and  measures. 

Bills  of  exchange  and  promissory  notes. 

Interest. 

Legal  tender. 

Bankruptcy  and  insolvency. 

Patents  of  invention  and  discovery. 

Copyrights. 

Induuas,  and  lands  reserved  for  the  Indians. 


K 


144  BRITISH   NORTH   AMERICA   ACT.  [APPENDIX 

25.  Naturalization  and  Aliens. 

26.  Marriage  and  Divorce. 

27.  The  Criminal  Law,  except  the  constitution  of  courts  of 

criminal  jurisdiction,  but  including  the  procedure 
in  criminal  matters. 

28.  The  establishment,  maintenance,  and  management  of 

Penitentiaries. 

29.  Such  classes  of  subjects  as  are  expressly  excepted  in  the 

enumeration  of  the  classes  of  subjects  by  this  Act 
assigned  exclusively  to  the  Legislatures  of  the 
Provinces. 
And  any  matter  coming  within  any  of  the  classes  of  subjects 
enumerated  in  this  section  shall  not  be  deemed  to  come  within 
the  clasa  of  matters  of  a  local  or  private  nature,  comprised  in 
the  enumeration  of  the  classes  of  subjepts  by  this  Act  assigned 
exclusively  to  the  Legislatures  of  the  Provinces. 

Exclusive  Powers  of  Provincial  Legislatures. 

dubiectKof  92.     In   each   Province   the   Legislature  may  exclusively 

"nciaiTegisit-    make  laws  in  relation  to  matters  coming  within  the  classes  of 
*^**°'  subjects  next  hereinafter  enumerated,  that  is  to  say : 

1.  The  amendment  from  time   to   time,    notwithstanding 

anything  in  this  Act,  of  the  constitution  of  the 
Province,  except  as  regards  the  oiEce  of  Lieu- 
tenant Governor. 

2.  Direct  taxation    within   the    Province  in  order  to  i^t 

raising  of  a  revenue  for  Provincial  purposes. 

3.  The  borrowing  of  money  on  the  sole  credit  of  the  Pro- 

vince. 

4.  The   establishment   and   tenure   of    provincial    offices 

and  the  appointment  and  payment  of  provincial 
officers. 

5.  The  management  and  sale  of  the  public  lands  belong- 

ing to  the  Province  and  of  the  timber  and  wood 
thereon. 

6.  The    establishment,     maintenance,    and    management 

of  public  and  reformatory  prisons  in  and  tor  the 
Province. 

7.  The  establishment,  maintenance,   and  management  of 

hospitals,  asylums,  charities,  and  eleemosynary 
institutions  in  and  for  the  Province,  other  thin 
Marine  Hospitals. 

8.  Municipal  institutions  in  the  Province.  ] 

9.  Shop,  saloon,  tavern,  auctioneer,  and  other  licencei|i> 

order  to  the  raising  of  a  revenue  for  provincUi    I 
local,  or  municipal  purposes.  J 


C.]  BRITISH  NORTH   AMERICA   ACT.  145 

10.  Local  works  and  undertakings  other  than  such  as  are 

of  the  following  classes. 

a.  lines  of  steam  or  other  ships,  railways,  canals, 

telegraphs,  and  other  works  and  undertakings 
connecting  the  Province  with  any  other  or 
others  of  the  Provinces,  or  extending  beyond 
the  limits  of  the  Province  : 

b.  lines  of  steamships  between  the  Province  and  any 

British  or  foreign  country  : 

c.  Such  works  as,   although   wholly   situate  within 

the  Province,  are  before  or  after  their  execu- 
tion declared  by  the  Parliament  of  Canada  to 
be  for  the  general  advantage  of  Canada  or  for 
the  advantage  of  two  or  more  of  the  Pro- 
vinces. 

11,  The  incorporation  of  companies  with  provincial  objects. 
18.     The  solemnization  of  marriage  in  the  Province. 

18.     Property  and  civil  rights  in  the  Province. 

14.  The  administration  of  justice  in  the  Province,  including 
the  constitution,  maintenance  and  organization 
of  Provincial  Courts,  both  of  civil  and  of  criminal 
jurisdiction,  and  including  procedure  in  civil 
matters  in  those  Courts. 

16.  The  imposition  of  punishment  by  fine,  penalty,  or  im- 
prisonment for  enforcing  any  law  of  the  Pro- 
vince made  in  relation  to  any  matter  coming 
within  any  of  the  classes  of  subjects  enumerated 
in  this  section. 

16.  Generally  all  matters  of  a  merely  local  or  private 
nature  in  the  Province. 

£Iducation. 

98.     In  and  for  each  Province  the  Legislature  may  exclu-  LegiaiaUon 
myety  make  laws  in  relation  to  Education,  subject  and  accord-  JS^onf"*  *^^ 
ing  to  the  following  provisions  : — 

1.  Nothing  in  any  such  law  shall  prejudicially  affect  any 
right  or  privilege  with  respect  to  denominational 
schools  which  any  class  of  persons  have  by  law 
in  the  Province  at  the  Union : 
S.  All  the  powers,  privileges,  and  duties  at  the  Union  by 
law  conferred  and  imposed  in  Upper  Canada  on 
the  separate  schools  and  school  trustees  of  the 
Queen's  Boman  Catholic  subjects  shall  be  and 
{he  same  are  hereby  extended  to  the  dissentient 
schools  of  the  Queen's  Protestant  and  Boman 
Catholic  subjects  in  Quebec : 
10 


146  BBmSH   VO&TH  AMEBICA  ACT. 


[ 


8.  Where  in  any  Province  a  system  of  separate  or  diaseii- 
tient  schools  exists  by  law  at  tlie  Union  or  it 
thereafter  established  by  the  L^islatnre  of  the 
Province,  an  appeal  shall  lie  to  the  GovenMV 
General  in  Council  from  any  act  or  decisioii  of 
any  Provincial  authority  affecting  any  right  or 
privilege  of  the  Protestant  or  Roman  Catholic 
minority  of  the  Queen's  subjects  in  relation  to 
Education : 

4.  In  case  any  such  Provincial  law  as  from  time  to  tine 
seems  to  the  Governor  Greneral  in  Council 
requisite  for  the  due  execution  of  the  provisions 
of  this  section  is  not  made^  or  in  case  any  de- 
cision of  the  Governor  General  in  Counol  on 
any  appeal  under  this  section  is  not  duly  executed 
by  the  proper  Provincial  authority  in  that  behalf 
then  and  in  every  such  case,  and  as  &n  only  as 
the  circumstances  of  each  case  require,  the  Par- 
liament of  Canada  may  make  remedial  laws  for 
the  due  execution  of  die  provisions  of  this  section 
and  of  any  decision  of  the  Governor  General  in 
Council  under  this  section. 

Uniformity  of  Laws  in  Ontario,  Nova  Scotia,  and  2few 

Brunswick. 


Lejrfiiation  for  94.  Notwithstanding  anything  in  this  Act,  the  Parliament 
laws  Id  three  of  Canada  may  make  provision  for  the  uniformity  of  all  or 
ncei.  ^^y  ^£  ^^  j^^g  relative  to  property  and  civil  rights  in  On- 
tario, Nova  Scotia,  and  New  Brunswick,  and  of  the  procedure 
of  all  or  any  of  the  courts  in  those  three  Provinces,  and  from 
and  after  the  passing  of  any  Act  in  that  behalf  the  power  of 
the  Parliament  of  Canada  to  make  laws  in  relation  to  any 
matter  comprised  in  any  such  Act  shall,  notwithstanding  anj- 
thing  in  this  Act,  be  unrestricted ;  but  any  Act  of  the  Parlia- 
ment of  Canada  making  provision  for  such  uniformity  shall 
not  have  effect  in  any  Province  unless  and  until  it  is  adopted 
and  enacted  as  law  by  the  Legislature  thereof 

Agriculture  and  Immigration. 

Ooncurrent  95.     In  each  Province  the  Legislature  may   make  lawa  in 

fftUooTn^spect'  relation  to  agriculture  in  the  Province,  and  to  immigratioa 

i^ng  agriculture.  ^^^^  ^^le  Province  J  and  it  is  hereby  declared  that  the  Parlia. 

ment  of  Canada  may  from  time  to  time  make  laws  in  telatMNi 

to  agriculture  in  all  or  any  of  the  Provinces,  and  to  immign* 

tioQ  mto  all  or  any  of  the  Provinces ;  and  any  law  of  tkt 


C]  BRITISH  NORTH  AMERICA  ACT.  147 

Legislature  of  a  Froyince  relative  to  agriculture  or  to  immi- 
gration shall  have  efiect  in  and  for  the  Province  as  long  and 
as  &r  only  as  it  is  not  repugnant  to  any  Act  of  the  Parliament 
of  Canada. 

VII. — Judicature. 

96.  The  Governor  General  shall  appoint  the  Judges  of  Appointment 
the  Superior,  District,  and  County  Courts  in  each  Province,  ^  J'*^*^' 
except  those  of  the  Courts  of  Probate  in  Nova  Scotia  and 

New  Brunswick. 

97.  Until  the   laws  relative  to  property  and  civil  rights  in  f*JjJ^'{J  ®' 
Ontario,  Nova  Scotia,  and  New  Brunswick,  and  the  procedure  Ontario,  fto. 
of  the  Courts  in  those  Provinces,  are  made  uniform,  the 
Judges  of  the  Courts  of  those  Provinces  appointed  by  the 
Governor  General  shall  be  selected  from  the  respective  Bars 

of  those  Provinces. 

98.  The  Judges  of  the  Courts  of  Quebec,  shall  be  selected  f^lJJ**^**  ®' 
firom  the  Bar  of  that  Province.  qvSSeo, 

99.  The  Judges  of  the  Superior  Courts  shall  hold  office  Tenure  of  oOm 
during  good  behavior,  but  shall  be  removable  by  the  Go-  MpoSEr'wiru. 
yemor  General  on  address  of  the  Senate  and  House  of  Com- 
mons. 

100.  The  salaries,  allowances,  and  pensions  of  the  Judges  saiariea,  ftc,  of 
of  the  Superior,   District,  and  County  Courts  (except  the  ^'*^*®** 
Courts  of  Probate  in  Nova  Scotia  and  New  Brunswick),  and 

of  the  Admiralty  Courts  in  cases  where  the  Judges  thereof 
are  for  the  time  being  paid  by  salary,  shall  be  fixed  and  pro- 
vided by  the  Parliament  of  Canada. 

101.  The   ParUament   of  Canada  may,   notwithstanding  o«peraiooart 
anything  in  this  Act,  from  time  to  time,  provide  for  the  con-  o'*pp**^»»«- 
Btitution,  maintenance,  and  organization  of  a  General  Court  of 
Appeal  for  Canada,  and  for  the  establishment  of  any  addition- 
al courts  for  the  better  administration  of  the  laws  of  Canada. 


VIII. — Revenues;  Debts;  Assets;  Taxation. 

102.  All  duties  and  revenues  over  which  the  respective  ^'••HjJL?'. 
L^^latures  of  Canada,  Nova  Scotia,  and  New  Brunswick  revenue  ftiDd. 
before  and  at  the  Union  had  and  have  power  of  appropriation, 
except  such  portions  thereof  as  are  by  this  Act  reserved  to 
the  respective  Legislatures  of  the  Provinces,  or  are  raised  by 
them  in  accordance  with  the  special  powers  conferred  on  them 
bf  this  Act,  shall  form  one  Consolidated  Revenue  Fund,  to 
be  appropriated  for  the  public  service  of  Canada  in  the  man- 
ner and  subject  to  the  charges  in  this  Act  provided. 


148 


BRITISH  NORTH   AMERICA   ACT.  [aFPEI^DDC 


Ezpenies  of 
eoliectiOD,  Ate, 


loterett  of 
ProviooUl  pub 
lie  debU. 


Salary  of  Oo- 
Teroor  General. 


Appropriatloa 
from  time  to 
time. 


Tranafer  of 
•tockt,  Ac., 


Transfer  of 

firoportr 
n  Bcbeuule. 


Property  in 
lands,  mines, 
Ac. 


Assctn  connect- 
ed with  pro- 
vincial debts. 


Canada  to  be 
liable  for  pro- 
Tinclal  debts. 

Debts  of  On* 
tario  and 
Qaebee. 


AMetflOf 


103.  The  Consolidated  Bevenue  Fund  of  Canada  sball  be 
permanently  charged  with  the  costs^  charges,  and  expenses 
incident  to  the  collection,  managementy  and  receipt  thereof, 
and  the  same  shall  form  the  First  Charge  thereon,  subject  to 
be  reviewed  and  audited  in  such  manner  as  shall  be  ordered 
by  the  Governor  General  in  Council  until  the  Parliament 
otherwise  provides. 

104.  The  annual  interest  of  the  public  debts  of  the  seyeial 
Provinces  of  Canada,  Nova  Scotia,  and  New  Brtmswick  at 
the  Union  shall  form  the  Second^Charge  on  the  Consolidated 
Bevenue  Fund  of  Canada. 

105.  Unless  altered  by  the  Parliament  of  Canada,  the 
salary  of  the  Governor  General  shall  be  Ten  thousand  Pounds 
Sterling  Money  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  payable  out  of  the  Consolidated  Bevenue  Fiind  of 
Canada,  and  the  same  shall  form  the  Ihird  Charge  there<m. 

106.  Subject  to  the  several  payments  by  this  Act  charged 
on  the  Consolidated  Bevenue  Fund  of  Canada,  the  same  shall 
be  appropriated  by  the  Parliament  of  Canada  for  the  public 
service. 

[107.]  All  stocks,  cash,  bankers'  balances,  and  securities 
for  money  belonging  to  each  Province  at  the  time  of  the 
Union,  except  as  in  this  Act  mentioned,  shall  be  the  property 
of  Canada,  and  shall  be  taken  in  reduction  of  the  amount  of 
the  respective  debt-s  of  the  Provinces  at  the  Union. 

[108.]  The  public  works  and  property  of  each  Province, 
enumerated  in  the  Third  Schedule  to  this  Act,  shall  be  the 
property  of  Canada. 

[109].  All  lands,  mines,  minerals,  and  royalties  belonging 
to  the  several  Provinces  of  Canada,  Nova  Scotia,  and  New 
Brunswick  at  the  Union,  and  all  sums  then  due  or  payable  for 
such  lands,  mines,  minerals,  or  royalties,  shall  belong  to  the 
several  Provinces  of  Ontario,  Quebec,  Nova  Scotia,  and  New 
Brunswick,  in  which  the  same  are  situate  or  arise,  subject  to 
any  trusts  existing  in  respect  thereof,  and  to  any  interest 
other  than  that  of  the  Province  in  the  same. 

[110.]  All  assets  connected  with  such  portions  of  the 
public  debt  of  each  Province  as  are  assumed  by  that  Province 
shall  belong  to  that  Province. 

[111.]  Canada  shall  be  liable  for  the  debts  and  liabilities 
of  each  Province  existing  at  the  Union. 

[112.]  Ontario  and  Quebec  conjointly  shall  be  liable  to 
Canada  for  the  amount  (if  any)  by  which  the  debt  of  the  PSro- 
vince  of  Canada  exceeds  at  the  Union  Sixty-two  million  five 
hundred  thousand  dollars,  and  shall  be  charged  with  intemt 
at  the  rate  of  five  per  centum  per  annum  thereon. 

[113.]     The  assets  enumerated  in  the  Fourth  Schadok  to 


C]  BRITISH   NORTH  AMERICA  ACT.  149 

this  Act  belonging  at  the  Union  to  the  Province  of  Canada  QjeSec."* 
flhall  be  the  property  of  Ontario  and  Quebec  conjointly. 

[114.]     Nova  Scotia   shall  be   liable   to  Canada   for  the  Debt  of  Nova 
amount  (if  any)  by  which  its  public  debt  exceeds  at  the  Union    ^  *' 
Eight  million  dollars,  and  shall  be  charged  with  interest  at 
the  rate  of  five  per  centum  per  annum  thereon. 

[115.]     New  Brunswick  shall  be  liable  to  Canada  for  the  Debt  of  New 
amount  (if  any)  by  which  its  public  debt  exceeds  at  the  Union 
Seven  million  dollai-s,  and  shall  be  charged  with  interest  at 
the  mte  of  five  per  centum  per  annum  thereon. 

[116.]     In  case  the  public  debts  of  Nova  Scotia  and  New  Payment  of 
Brunswick  do  not  at  the  Union  amount  to  Eight  million  and  seoua  and  New 
Seven  million   dollars   respectively,  they   shall   respectively  ^""^■^<** 
receive  by  half-yearly  payments  in  advance  from  the  Govern- 
ment of  Canada  interest  at  five  per  centum,  per  annum  on  the 
diilerence  between  the  actual  amounts  of  their  respective 
debts  and  such  stipulated  amounts. 

117.     The  several  Provinces  shall  retain  all  their  respective  rrovindai  pub 
public  property  not  otherwise  disposed  of  in  this  Act,  subject    ^  ^'**^ 
to  the  right  of  Canada  to  assume  any  lands  or  public  property 
required  for  fortifications  or  for  the  defence  of  the  country. 

[118  ]     The  following  sums  shall  be  paid  yearly  by  Canada  Grant*  to 
to  the  several  Provinces  for  the  support  of  their  Governments 
axid  Legislatures : 

Dollars. 

Ontario Eighty  thousand. 

Quebec Seventy  thousand. 

Nova  Scotia .Sixty  thousand. 

New  Brunswick. Fifty  thousand. 

Two  hundred  and  sixty  thousand ; 
and  an  annual  grant  in  aid  of  each  Province  shall  be  made, 
equal  to  Eighty  cents  per  head  of  the  population  as  ascertained 
by  the  census  of  One  thousand  eight  hundred  and  sixty-one, 
and  in  the  case  of  Nova  Scotia  and  New  Brunswick,  by  each 
subsequent  decennial  census  until  the  population  of  each  of 
lliose  two  Provinces  amounts  to  Four  hundred  thousand  souls, 
at  which  rate  such  grant  shall  thereafter  remain.  Such  grants 
shall  be  in  full  settlement  of  all  future  demands  on  Canada, 
and  shall  be  paid  half-yearly  in  advance  to  each  Province ; 
but  the  Government  of  Canada  shall  deduct  from  such  grants, 
as  against  any  Province,  all  sums  chargeable  as  interest  on  the 
public  debt  of  that  Province  in  excess  of  the  several  amoimts 
stipulated  in  this  Act. 

[119.]     New  Brunswick  shall  receive  by  half-yearly  pay-  Farther  grant 
meats  in  advance  from  Canada  for  the  period  of  ten  years  wick,^ 
from  the  Union  an  additional  allowance  of  Sixty-three  thou- 


-4 

3  J 


» • 


152 


BRITISH   NORTH   AMERICA   ACT.  [aFFENIXE 


offlcera  to 
Canada. 


i'- 


*  ( 


Appointment  of 
new  ofBicen. 


Treaty 
obligatlona. 


Uae  of  Bnffliah 
and  Frenen 
Languages. 


yides,  all  officers  of  the  several  Provinces  having  dudes  to  dis 
charge  in  relation  to  matters  other  than  those  coming  withii 
the  classes  of  subjects  by  this  Act  assigned  exclusively  t 
the  Legislatures  of  the  Provinces  shall  be  officers  of  Canada 
and  shall  continue  to  discharge  the  duties  of  their  respectiTt 
offices  %mder  the  same  liabilities,  responsibilities,  and  penal 
ties,  as  if  the  Union  had  not  been  made. 

[131.]  Until  the  Parliament  of  Canada  otherwise  pro 
vides,  the  Governor  General  in  Council  may  from  time  ti 
time  appoint  such  officers  as  the  Governor  (jenerat  ii 
Council  deems  necessary  or  proper  for  the  effectual  executio] 
of  this  Act. 

132.  The  Parliament  and  Government  of  Canada  sha] 
have  all  powers  necessary  or  proper  for  performing  the  obK 
gadons  of  Canada  or  of  any  Province  thereof,  as  part  o 
the  British  Empire,  towards  foreign  countries,  arising  unde 
treaties  between  the  Empire  and  such  foreign  countries. 

133.  Either  the  English  or  the  French  language  may  b 
used  by  any  person  in  the  debates  of  the  Houses  of  the  Par 
liament  of  Canada  and  of  the  Houses  of  the  Legislature  o 
Quebec ;  and  both  those  languages  shall  be  used  in  the  le 
spective  Records  and  Journals  of  those  Houses ;  and  eithei 
of  those  languages  may  be  used  by  any  person  or  in  ani 
pleading  or  process  in  or  issuing  from  any  court  of  Canada 
established  under  this  Act,  and  in  or  from  all  or  anv  of  th< 
Courts  of  Quebec. 

The  Acts  of  the  Parliament  of  Canada  and  of  the  Legis- 
lature of  Quebec  shall  be  printed  and  published  in  both  those 
languages. 


Ontario   and    Quebec, 


Appointment  of  134.  Until  the  I^cgislature  of  Ontario  or  of  Quebec  other- 
cere  for  Ontario  'wisc  provides,  the  Lieutenant  Governors  of  Ontario  and  Que- 
and  Quebec.       y^^^  ^^^^  e2ic\i  appoint  undcr  the  Great  seal   of  the  Pro^-inct 

the  following  officers,  to  hold  office  during  pleasui-e,  that  is 
to  say, — the  Attorney  General,  the  Secretary  and  Begistraj 
of  the  Province,  the  Treasurer  of  the  Province,  the  Com- 
missioner of  Crown  Lands,  and  the  Commissioner  of  Agri* 
culture  and  Public  Works,  and  in  the  case  of  Quebec  tin 
Solicitor  General :  and  mav,  bv  order  of  the  Lieutenani 
Governor  in  Council,  from  time  to  time  prescribe  the  dotiei 
of  those  officers  and  of  the  several  departments  over  whid 
they  shall  preside  or  to  which  they  shall  belong,  and  of  Al 
offictTs  and  clerks  thereof;  and  may  also  appoint  other  aai 
additional  officers  to  hold  office  during  pleasure,  aadsq 
from  time  to  time  prescribe  the  duties  of  those  offioeti^  and 


C.]  BBITISH   NORTH   AMERICA  ACT.  158 

of  the  several  departments  over  which  they  shall  preside 
or  to  which  they  shall  belong,  and  of  the  officers  and  clerks 
thereof. 

186.  Until  the  Legislature  of  Ontario  or  Quebec  other-  E^^*^^^""*^** 
wise  provides,  all  rights,  powers,  duties,  functions,  responsi-  tive  officers. 
bilities  or  authorities  at  the  passing  of  this  Act  vested  in  or 
imposed  on  the  Attorney  General,  Solicitor  General,  Secretary 
and.  Segistrar  of  the  Province  of  Canada,  Minister  of  Finance, 
Commissioner  of  Crown  Lands,  Commissioner  of  Public 
Works  and  Minister  of  Agriculture  and  Eeceiver  General, 
by  any  Law,  Statute,  or  Ordinance  of  Upper  Canada,  Lower 
Canada,  or  Canada,  and  not  repugnant  to  this  Act,  shall  be 
vested  in  or  imposed  on  any  officer  to  be  appointed  by  the 
Lieutenant  Governor  for  the  discharge  of  the  same  or  any  of 
them ;  and  the  Commissioner  of  Agriculture  and  Public 
Works  shall  perform  the  duties  and  functions  of  the  office  of 
Minister  of  Agriculture  at  the  passing  of  this  Act  imposed  by 

he  law  of  the  Province  of  Canada,  as  well  as  those  of  the 
Commissioner  of  Public  Works. 

186.     Until  altered  by  the  Lieutenant  Governor  in  Coun-  G;eat8eai»^ 
cil,  the  Great  Seals  of  Ontario  and  Quebec  respectively  shall 
be  the  same,  or  of  the  same  design,  as  those  used  in  the  Pro- 
vinces of  Upper  Canada  and  Lower  Canada  respectively  be- 
fore their  Union  as  the  Province  of  Canada. 

.  [187.]  The  words  "  and  from  thence  to  the  end  of  the  Oon«tniction  of 
then  next  ensuing  session  of  the  Legislature,"  or  words  to  ac;?*'**^ 
the  same  effect,  used  in  any  temporary  Act  of  the  Province 
of  Canada  not  expired  before  the  Union,  shall  be  construed 
to  extend  and  apply  to  the  next  session  of  the  Parliament  of 
Canada,  if  the  subject  matter  of  the  Act  is  within  the  powers 
of  the  same,  as  defined  by  this  Act,  or  to  the  next  sessions  of 
the  Legislatures  of  Ontario  and  Quebec  respectively,  if  the 
subject  matter  of  the  Act  is  within  the  powers  of  the  same  as 
de&ied  by  this  Act. 

188,  From  and  after  the   Union  the   use   of  ihe   words  ab  to  ei-row  in 
**  Upper    Canada,"    instead     of    *'  Ontano,"    or    *'  Lower  '**^**' 
Canada,'  instead  of  "  Quebec,"   in  any  deed,  writ,  process, 
pleadings  document,  matter,  or  thing,  shall  not  invalidate  the 

same. 

189.  Any  Proclamation  under  the  Great  Seal  of  the  Pro-  AitoiMuo  of 
yince  of  Canada  issued  before  the  Union  to   take   effect  at  a  l^re  uoion, 
time  which  is  subsequent  to  the  Union,  whether  relating  to  iSter  o?ion!^ 
that  Province,  or  to  Upper  Canada,  or  to  Lower  Canada,  and 

the  several  matters  and  things  therein  proclaimed  shall  be  and 
contiiine  of  like  force  and  effect  as  if  the  Union  had  not  been 
made. 

140.    Any  proclamation  which  is  authorized  by  any  Act  of  ^»  ^  laiue  of 


proelaauitioni 
after  Union. 


Penitentiary. 


Arbitration 
peoLlng  debt!, 
kc. 


Dirision  of 
records. 


ConstitaUon  of 
town§hipe  in 
Qaebec. 


154 


BBinSH  KOBTH  AICSBICA  ACT.  [AFFEinH] 


the  Legislature  of  the  Province  of  Canada,  to  be  issued  unde 
the  Great  Seal  of  the  Province  of  Canada,  whether  rebiting  fa 
that  Province,  or  to  Upper  Canada,  or  to  Lower  Canada,  am 
which  is  not  issued  before  the  Union  may  be  issued  hy  thi 
Lieutenant  Governor  of  Ontario  or  of  Quebec,  as  its  subjed 
matter  requires,  under  the  Great  Seal  thereof;  and  from  anc 
after  the  issue  of  such  proclamation  the  same  and  the  sevenl 
matters  and  things  therein  proclaimed  shall  be  and  continii 
of  the  like  force  and  effect  in  Ontario  or  Quebec  as  if  tb 
Union  had  not  been  made. 

141.  The  Penitentiary  of  the  Province  of  Canada  shall 
until  the  Parliament  of  Canada  otherwise  provides,  be  and  con 
tinue  the  Penitentiary  of  Ontario  and  of  Quebec. 

[142.]  The  division  and  adjustment  of  the  debts,  creditS: 
liabilities,  properties,  and  assets  of  Upper  Canada  and  Lowei 
Canada  shall  be  referred  to  the  arbitrament  of  three  Arbitrat- 
ors, one  chosen  by  the  Government  of  Ontario,  one  by  Um 
Government  of  Quebec,  and  one  by  the  Government  of  Cana& ; 
and  the  selection  of  the  Arbitrators  shall  not  be  made  imtil  the 
Parliament  of  Canada  and  the  Legislatures  of  Ontario  and 
Quebec  have  met ;  and  the  Arbitrator  chosen  by  the  Govern- 
ment of  Canada  shall  not  be  a  resident  either  in  Ontario  at 
in  Quebec. 

143.  The  Governor  General  in  Council  may  from  time  to 
time  order  that  such  and  so  many  of  the  records,  books  and 
documents  of  the  Province  of  Canada  as  he  thinks  fit  shall  be 
appropriated  and  delivered  either  to  Ontario  or  to  Quebec,  and 
the  same  shall  thenceforth  be  the  property  of  that  Province ; 
and  any  copy  thereof  or  extract  therefrom,  duly  certified  by 
the  officer  having  charge  of  the  original  thereof,  shall  be  ad- 
mitted as  evidence. 

144.  The  Lieutenant  Governor  of  Quebec  may  from  time 
to  time,  by  proclamation  under  the  Great  Seal  of  the  Province, 
to  take  effect  from  a  day  to  be  appointed  therein,  constitute 
townships  in  those  parts  of  the  Province  of  Quebec  in  which 
townships  are  not  then  already  constituted,  and  fix  the  metes 
and  bounds  thereof. 


X. — Intercolonial   Railway. 


Duty  of  Go.  [146.]     Inasmuch  as  the  Provinces  of  Canada,  NovaScotii^ 

Pariiamenf  Sf     and  Ncw  Brunswick  have  joined  in  a  declaration  that  the 

Sr^heJim*  struction  of  the  Intercolonial  Railway  is  essential  to  the 

described.  soUdation  of  the  Union  of  British  North  America,  and  to  At 
assent  thereto  of  Nova  Scotia  and  New  Brunswick,  and  hwi 
consec^MenXX^  ^igceedi  \!t^\.  ^x^^mon  should  be  made  for  ill  i 


C]  BSITIBH   NORTH   AMSBICA   ACT.  155 

mediate  conBtruction  by  the  Goyemment  of  Canada :  There- 
ore^  in  order  to  give  e£Fect  to  that  agreement,  it  shall  be  the 
duty  of  the  Goyemment  and  Parliament  of  Canada  to  provide 
£>r  the  commencement  within  six  months  after  the  Union,  of  a 
Bailway  connecting  the  River  St.  Lawrence  with  the  City  of 
TTftlifitT  in  Nora  Scotia,  and  for  the  construction  thereof  with- 
out intermission,  and  the  completion  thereof  with  all  practic- 
able speed. 


XI — ^Admission  of  other  Colonies. 

[146.]     It  shall  be  lawful  for  the  Queen,  by  and  with  the  Pow«rio 
advice  of  Her  Majesty's  Most  Honorable  Privy  Council,  on  foondiand/fte., 
addresses  from  the  Houses  of  the  Parliament  of  Canada,  and  *°***  ^*  i^nion. 
from  the  Houses  of  the  respective  Legislatures  of  the  Colonies 
c»r  Provinces  of  Newfoundland,  Prince   Edward   Island,  and 
British  Columbia,  to  admit  those  Colonies  or  Provinces,  or  any 
of  them,  into  the  Union,  and  on   address   from  the  Houses  of 
the  Parliament  of  Canada  to   admit   Rupert's    Land  and  the 
North-Western  Territory,  or  either  of  them,  into  the  Union, 
on  such  terms   and   conditions  in  each  case  as  are  in  the  ad- 
dresses expressed  and  as  the  Queen  thinks  fit  to  approve,  sub- 
ject to  the  provisions  of  this  Act ;  and  the  provisions   of  any 
Order  in  Council  in  that  behalf  shall  have  effect  as  if  they  had 
been  enacted  by   the  Parliament  of  the  United  Kingdom  of 
Great  Britain  and  Ireland. 

147.     In   case   of  the   admission   of  Newfoundland    and  Aitorcprv- 
Prince  Edward  Island,  or  either  of  them,  each  shall  be  entitled  Newfoandiaud 
to  a  representation  in  the  Senate  of  Canada  of  four^  members,  KdwanTitiand 
and  (notwithstanding  anything  in  this    Act)   in   case   of  the  *°  senate. 
admission  of  Newfoundland  the  normal  number  of  Senators 
shaS  be  seventy-six,  and  their   maximum   number   shall   be 
eighty-two  ;  but  Prince  Edward  Island,  when  admitted,  shall 
be  deemed  to  be  comprised  in  the  third  of  the  three  divisions 
into  which  Canada  is,  in  relation  to   the   constitution   of  the 
Senate,  divided  by  this  Act;  and  accordingly,  after  the  admis- 
eion  of  Prince  Edward  Island,  whether  Newfoundland  is  ad- 
mitted or  not,  the  representation  of  Nova   Scotia  and   New 
Brunswick  in  the  Senate  shall,  as  vacancies  occur,  be  reduced 
from  twelve  to  ten  members   respectively,   and  the  represent- 
ation of  each  of  those  Provinces  shall  not  be  increased  at  any 
time  beyond  ten,  except  under  the  provisions  of  this  Act  for 
the  appointment  of  three  or  six  ad(Utional  Senators  under  the 
direction  of  the  Queen. 


156 


BRITISH  NORTH   AMERICA  ACT.  FaPPEN 


SCHEDULES. 


TBE   F.'CST   SCa^OUtE. 


JElecioivl  DiHrict^  of  Onlario* 


T?E  SECOND   SCt^EDUIiE. 


Mlcvloral  Di^iHcis  of  Qvebec  sp^t^ially  jtxeiL 


Fondac. 
Ottawa. 
Argenteail. 
Huntingdon. 


Counties  of 

Missisquoi. 

Brome. 

Shefford. 

Stanstead. 

Town  of  Sherbiooke. 


Coinpion. 
Wolfe  and  RichnK 

MeganHc. 


TliE   THIRD    SCJ^  fiDULE. 


Provlnclul  Public  Wtyi^hs  and  Pi^opci'ly  to  be  llie  Propt 

of  Canada. 

1.  Canals,  with  lands  and  water  powei    connected  th 

with. 

2.  Public  Harbors. 

3.  Lighthouses  and  piers,  and  Sable  Island. 

4.  Steamboats,  dredges,  and  public  yessels. 

5.  Rivers  and  lake  improvements. 

6.  Railways  and  railway  stocks,  mortgages,  and  otbe: A 

due  by  railway  companies. 

7.  Military  roads. 


*  TViQ  Y\T«\  ^^«eL\]\A  \%  OTiAW^^  «»\^\^^  «{ liulc  interest,  and  pMH^ 


C.]  BRITISH   NORTH  AMERICA   ACT.  157 

8.  Costom  Houses^   Post  Offices^  and  all  other  public 

buildings,  except  such  as  the  Goyemment  of 
Canada  appropriate  for  the  use  of  the  Provincial 
Legislatures  and  GovemmeDts. 

9.  Property  transferred  by  the  Imperial  Government,  and 

known  as  Ordnance  Property. 
10.     Armories,   drill  sheds,   military    clothing,  and  muni- 
tions of  war,  and  lands  set  apart  for  general  pub- 
lic purposes. 


THE  FOURTH  SCHEDULE. 


y  Lower  Canada. 


Assets  to  be  the  Propaiy  of  Ontario  and  Quebec  con- 
jointly. 

Upper  Canada  Building  Fund. 
Lunatic  Asylums. 
Normal  SchooL 
Court  Houses, 

in 
Aylmer. 
Montreal. 
Kamourasfra. 

Law  Society,  Upper  Canada, 
Montreal  Turnpike  Trust. 
University  PeimaneDt  Fund. 
Boyal  Institution. 

Oonsolidated  Municipal  Loan  Fund,  Upper  Canada. 
Consolidated  Municipal  Loan  Fund,  Lower  Canada. 
Agricultural  Society,  Upper  Canada. 
Lower  Canada  Legislative  Grant. 
Quebec  Fire  Loan. 
Temiscouata  Advance  Account. 
Qvebec  Turnpike  Trust. 
Education — ^East 

Building  and  Jury  Fund,  Lower  Canada. 
Municipalities  Fund. 
Lower  Canada  Superior  Education  Income  Fund. 


158  BRmSH  NORTH  AMERICA  ACT.  [aFFEXD 


THE  FIFTH  SCHEDULE. 


il-\ 


*'"  Oath  of  Allegiance. 


I,  A.  B.,  do  swear  that  I  will  be  fEuthful  and  bear  true  i 
legiance  to  Her  Majesty  Queen  Victoria. 

Note.-— The  mime  of  the  King  or  Qneen  of  the  United  Kingdom  of  Great  Britstai  i 
Ireland  for  the  time  being  ii  to  be  et^tUtated  from  time  to  time,  with  proper  termi 
reference  thereto. 


Declaration  of  Qualification. 

I,  A.  B.y  do  declare  and  testify  that  I  am  by  law  du 
qualified  to  be  appointed  a  member  of  the  Senate  of  Canai 
[or  as  the  case  may  be],  and  that  I  am  legally  or  equitab 
seised  as  of  freehold  for  my  own  use  and  benefit  of  lands  < 
tenements  held  in  free  and  common  socage  [or  seised  or  po 
sessed  for  my  own  use  and  benefit  of  lands  or  tenements  he! 
in  franc-alleu  or  in  roture  (as  the  case  may  fte),]  in  the  Pr 
vince  of  Nova  Scotia  [or  as  the  case  may  6c],  of  the  ralue  ( 
four  thousand  dollars  over  and  above  all  rents,  dues,  debt 
mortgages,  charges,  and  encumbrances  due  or  payable  out  < 
or  charged  on  or  afiecting  the  same,  and  that  I  have  not  co 
lusively  or  colourably  obtained  a  title  to  or  become  possess 
of  the  said  lands  and  tenements  or  any  part  thereof  for  tl 
purpose  of  enabling  me  to  become  a  member  of  the  Senate  < 
Canada  [or  as  the  case  may  be],  and  that  my  real  and  personi 
property  are  together  worth  Four  thousand  dollars  over  an 
above  my  debts  and  liabilities. 

Note.— Certain  provisions  of  the  British  North  America  Act  vhich  affect  Nots  Sco< 
have  been  altered  by  the  foilowing,  amongst  other,  Acts  of  the  Parliament  of  Oviada: 

Chapter  25, 1808,  entitled,  "  An  Act  farther  securing  the  Independence  of  Parliameo 

Chapter  2,  I860,— An  Act  respecting  Nova  Scotia. 

Chapter  19, 1871,— An  Act  to  amend  the  Act  farther  aecuring  the  Independence  of  Pi 

liamcnt. 
Chapter  20,  1871,— TA^  Intern  Parlinmentary  Elections  Act,  1871. 
Chapter  13, 1872,— An  Act  to  re-a«1Jast  the  Representation  in  Uie  House  of  Oommoot. 
Chapter  U,  1872,  -An  Act  to  amend  the  Interim  Parliamentary  Elections  Act,  1371. 
Chapter  15.  1872,— An  Act  to  compel  Members  of  the  Local  Legislature  in  any  Provls 

where  dual  representation  is  net  allowed,  to  resign  their  Seats  before  bccooi 

Candidates  for  Scats  in  the  Dominion  Parliament. 
Chapter  2, 1873,— An  Act  to  render  members  Of  the  Legislative  Oonncila  and  LeglalatI 

Assemblies  of  tlie  Provinces  now  included,  or  which  may  hereafter  hm  ivclld 

within  the  Dominion  of  Canada,  ineligible  for  sitting  or  voting  In  Um  Hoqm 

Commons  of  Canada. 
Chapter  27, 1873,— An  Act  to  make  Temporary  Provision  for  the  Election  of  MtmWl 

serve  in  the  House  of  Commons. 
Chapter  28, 1873,  -An  Aotto  malce  better  provision  respecting  Election  PeUtloMta 

matters  relating  to  Controverted  SUcctions  of  Memoers  ox  the  Honte  of  OoMMl 
Chapter  30, 1873,— An  Act  to  re-adjust  the  amounts  payable  to  and  chnrgviiblt  ipft 

the  several  Provinces  of  Canada  by  the  Dominion  OovemnMiU,  m  tu  M  il 

depend  on  the  debt  with  which  they  respectively  entend  the  Unton. 


APPENDIX  D. 


Table   of  Chapters   of  the   Revised   Statutes, 
Third  Series,  now  wholly  inoperative, 


D«]  OnXPBBATITB  GSA7TBR8.  161 


CHAFTEBS  OF  THE  MBD  SEBIES  OF  THE  BEVISED  STATUTES 

NO  LON^  Df  OFERATIOI. 


OHAPTEB  8. 

FABT  I.      0F  CUSTOMS  DUTIES. 

See  Chapter  7^  Canada^  ISGT^  and  amendments. 

PABT  U.      OF  A  OEBTAIN  TBSATT  BETWEEN  HEB  MAJE8TT  AND  THE 

UiriTED  STATES  OF  AHBBICA. 

Expired. 

OHAPTEE  9. 

OF  EXCISE  DUTIES. 

Repealed  by  Chapter  8,  Canada^  1867>  s.  11. 

OHAPTEBIO. 

OF   THE  BOABD  OF  BEYENUE. 

See  Chapter  5,  Canada^  1867,  and  Chapter  4,  Canada,  1869. 

CHAPTER  11. 

OF  THE  APPODTTMENT  AND  DUTIES  OF  OFFICEBS  OF  THE  CUSTOMS. 

See  Chapter  5,  Canada,  1867,  and  Chapter  48,  Canada,  1868. 

0SAFTEB12. 

OF  THE  LAWS  OF  THE  CUSTOMS. 

Repealed  Iqr  Ghipter  6,  Canada,  1867,  a.  1S8. 

11 


162  nrOFSBATITB  CHAfTBBS.  [APFKN 


0HAPTEB18. 

OF  THE  IKFOBTATION  OF  GOODS. 

Repealed  by  Chapter  6,  Canada^  1867^  s.  1S8. 

0HAFTEB14. 

OF  THE  WABEHOUSma  OF  GOODS. 

Repealed  by  Chapter  6^  Canada^  1867,  s.  138. 

0HAPTER15. 

,0F  THE   SXPOBTATION  OF  GOODS  AND  OF   DBAWBACKS. 

Repealed  by  Chapter  6,  Canada,  1867,  s.  138. 

jj  OHAPTEB 16. 

OF  THE   PBEVlftmON   OF   SMUGGLING. 

Repealed  by  Chapter  6,  Canada,  :1867,  s.  138. 

OHAPTEB  17. 

OF    DISTILLEBIES. 

See  Chapter  8,  Canada,  1867. 

OHAPTEB  18. 

OF   LIGHT-HOUSE   DUTIES. 

Expired.     See  Chapter  57,  Canada,  1868,  &c. 

OHAPTEB  20. 

OF  THE  POST   OFFIOB. 

^pealed.    ^^  C^ckac^ter  10,  Canada,  1867,  and 


D.]  nrOPJBBATITB  CHAITBB8.  163 

GHAFTEB29. 

OP  THE  MILITIA. 

Repealed  by  Chapter  16  of  the  Acts  of  1865 ;  which  Act 
was  in  turn  repealed  by  Chapter  40,  Canada^  1868,  afterwards 
amended. 

GHAFFEB  30. 

OF  BILLETTINQ   THE   TBOOP8   AlTD  MILITIA. 

See  Chapter  40,  Canada,  1868. 

OHAPTEE  81. 

OP  PUBLIC  POBTIPICATION8. 

See  Chapter  12,  Canada,  1867,  s.  49,  sqq. 

OHAPTEE  35. 

OP  THE  CENSUS   AND   STATISTICAL   INFOEMATION. 

See  Chapter  21,  Canada,  1870,  and  amendments. 

0HAPTEB52. 

OF     QUAEANTINE. 

Repealed  by  Chapter  63,  Canada,  1868,  s.  15. 

OHAPTEE  57. 

OP  INDIANS. 

Repealed  by  Chapter  42,  Canada,  1868,  s.  31. 

OHAPTEE  76. 

OP  MABINE  OOUBTS  OP  INQUIBT. 

Repealed  by  Chapter  38,  Canada,  1869,  s.  12. 


164  tsorsajLTivm  cnAinaa.  [afpendk 

GHAPTE&77. 

ft 

07  8TXAM  KATIGATION. 

Repeded  by  Chapter  65,  Canada,  1868,  s.  50. 

OHAPTER  78. 

OF  WELJSOKB  ASH  WRECKED  GOODS. 

Bepealed  by  Chapter  55,  Canada,  1873,  s.  37. 

GHAFFEB  86. 

OF  WEXQHTB  AltD  KEASUBES. 

Repealed  by  Chapter  47,  Canada,  1873. 

OHAPTEE  156. 

OF  TREASON. 

Repealed  by  Chapter  86,  Canada,  1869.     See,  also,  Ciapter 
69,  Canada,  1868,  and  amendments. 

OHAPTER  157. 

OF  OFFENCES   SkLATIKG  TO  THE  ARMY   AND  NAVY. 

Repealed  by  Chapter  86,  Canada,  1809.     See,  also,  Chapter 
25,  Canada,  1869. 

CHAPTER  163. 

OF   OFFENCES   AGAINBT   THE  ADMINISTRATION   OF  JTSTICE. 

Repealed  by  Chapter  86,  Canada,  1869.     See,  also,  Chaptfi 
28,  Canada,  1869,  and  amendments. 

GHAFTEB  164. 

OF  OFFENCES  AGAINST  THE  PERSON. 

Repealed  by  Chapter  86,  Canada^  1869.     See^  also,  Ghipttl 
20,  Canada,  1869. 


O.]  IirOFBBATITB  CHAPTEB8.  165 

OEAFTEB  166. 

OF  0ITENCB8  AGAn^BT  THE   HABITATION. 

Bepealed  by  Chapter  36^  Canada,  1869.     See,  also.  Chapter 
22,  Canada,  1869. 

OHAPTEE  167. 

OF  FBAUDULENT  APFBOPBIATIONB. 

Repealed  by  Chapter  86,  Canada,  1869.     See,  also.  Chapter 

21,  Canada,  1869,  and  amendments. 

GHAFTEB  168. 

OF  FOBGEBT,  AND  OFFENCES  BELATING  TO  THE  COIN. 

Repealed  by  Chapter  86,  Canada,  1869.     See,  also.  Chapters 
18  and  19,  Canada,  1869. 

CHAPTER  169. 

OF  MALICIOUS   INJUBIES  TO  PBOPEBTT. 

Repealed  by  Chapter  86,  Canada,  1869.     See,  also,  Chapter 

22,  Canada,  1869. 

CHAPTER  170. 

OF  THE  DEFINITION   OF  TEBMS   IN   THIS    TITLE. 

Repealed  by  Chapter  86,  Canada,  1869. 

OHAPTEE  172, 

OF  THE  DUTIES  OF  JUSTICES  OF  THE  PEACE  IN  CBIMINAL  MATTEBS. 

Repealed  by  Chapter  36,  Canada,  1869.     See,  also.  Chapters 
80,  81,  82,  and  33,  Canada,  1869,  and  amendments. 


INDEX 


TO 


APPENDIXES. 


♦:.•!  'I  I 


J 


nnnx  to  acts,  sra,  of  APFSHDixBg. 


169 


EX  TO  ACTS,  CHAPTERS,  &c.,  OF  APPENDIXES. 


PAGB. 

«ndix 1 

ritish  North  America 127 

amend  chapter  28, 1863 24 

lion 127 

istration  of  criminal  justice  in 

Supreme  Court. 116 

\  and  factors 63 

priyileges  and  natuialization  of    60 

ince,  oam  of  enforced 122 

m,  British  North  Act 127 

iix,  A 1 

B 43 

C 126 

D 169 

ts,  petty  offences,  &c 100 

t)ly,  election  of  members  of 3,  24 

independence  of 22 

»endix. 43 

vote  by  at  elections 18 

f  exchange  and  promissory  notes    66 
I  North  America  Act 127 

endix 126 

r  28  of  1863,  amended 24 

128,amended 122 

rs  of  Third  Series,  inoperatiTe...  161 

0d  deep  sea  fisheries 77 

lationsof  workmen 110 

prht 86 

for   diyorce   and    matrimonial 

causes 90 

Supreme,  administration  of  crim- 
inal justice  in 116 

Supreme  and  officers 90 

al  justice,  administration  of 116 

cy 67 

endix. 169 

9,  insolyent 96 

ea  fisheries 77 

B,  court  of 90 

•n  of  members  of  Assembly 3,  24 

»n8,  Tote  bv  ballot  at. 18 

c  tele^ph  for  military  purposes    49 

aent  lU^^al... : 106 

ige,  bills  of 66 


PAOB. 

Factors  and  agents 63 

Fisheries,  coast  and  deep  sea 77 

river 81 

Fuel,  provisions,  Ac,  regulation  and 

inspection  of 68 

General  Assembly,  election  of  membeiB 

for 3,24 

G  ovemment  railroads,  provinciaL 27 

Harbors  and  harbor  masters. 60 

Harbor  masters,  pilotage,  &c 60 

House  of  Assembly,  election  of  members 

of 3,34 

House  of  Assembly,  independence  of....    22 

Illegal  enlistment 106 

Independence  of  House  of  Assembly....    22 
Inoperative  Chapters  of  Third  Series....  161 

Insolvent  debtors,  relief  of 96 

Inspection  of  provisions,  lumber,  &c....    68 

Interest 121 

Inventions,  patents  for.. 88 

Jurisdiction  of  justices  in  civil  cases, 

amended 122 

Justice  criminal,  administration  of 1 16 

Justices,  jurisdiction  of  in  civil  cases, 

amended 122 

Lumber,  &c.,  inspection  and  regulation 

Qi 68 

Magistrates,  stipendiary  or  police. 93 

Matrimonial  causes,  court  for 90 

Members  of  Assembly,  election  of. ....... 3, 24 

Merchandize,  inspection  and  regulation 

of 68 

Military  telegraph 49 

Mills  and  millers 68 

Morals,  offences  against  public 107 

Naturalization  of  aliens 60 

Naval  property 46 

Notes  promissory,  and  bills. 66 

Oath  of  allegiance,  taking  of  enforced..  122 
Offences  against  public  morals 107 


170 


INDEX  TO   ACT89   ETC.,   OF   APFEKBIXES. 


PAOE. 

Offences  against  public  peace 108 

religion 106 

petty,  txespasfles,  &c 100 

OfBcera  of  Supreme  Court 90 

Patents  for  useful  inTenti6n8., 88 

Peace  public,  offences  against 108 

Penitentiary 46 

PettvoffenceSytreepasses  and  assaults...  100 
Pilotage,  harbors  and  harbor  masters...    60 

Police  magistrates 93 

Privileges  of  aliens 60 

Promissory  notes  and  bills 66 

Property,  naval 4fi 

Provincial  government  railroads 27 

Provisions,  regulation  and  inspection  of    69 

Public  morals,  offences  against. « 107 

peace,        "  "  108 

Railroads,  provincial  government 27 

Beftning  of  su^ar 123 

Registry  of  ships 59 

Regulation  and  mspection  of  provisions, 

Ac 69 

Relief  of  insolvent  debtors 96 

Religion,  offences  against 106 


PAGS. 

Revised  Statutes,  Third  Sericfe,  chapters 

inoperative. 161 

River  fisheries 81 

Sable,  St.  Paul's,  and  Scattarie  islands, 

and  li^fht  houses 4% 

Saint  Paul's  island,  &c 46 

Sea  and  coast  fisheries 77 

Seamen  and  shipping. 50 

Shipping  and  seame^ oO 

Ships,  registry  of W 

Stipendiary  magistrates 98 

Sugar  refining 113 

Supreme  Court,  administration  of  crim- 
inal justice  in..., 115 

Supreme  Court  and  officers... 90 

Telegraph,  military 49 

Third  Series,  inoperative  chapters  of....  161 
Trespasses,  petty,  Ac 100 

Union  of  British  N.  America,  Act  for...  127 

Vote  by  ballot  at  elections 18 

Workmen,  combinations  of 110 


INDEX  TO  APPENDIXES.  171 


GENERAL  INDEX  TO  APPENDIXES. 


A. 

PAOB. 

Accessories.    See  Factors  and  Aaents 63l 

Act  fob  Union  op  Provinces.    See  British  North  America  Act 127 

Actions.    See  Enlistment  lUegal 106 

Naval  Property 46 

Patents  for  Useful  Inventions 89,  90 

Penitentiary 45 

Adbonistration  of  Criminal  Justice.    See  Criminal  Justice,  Administration  of  in 

Supreme  Court 115 

Admission  of  other  Colonies  into  Union.    See  British  North  America  Act 165 

Adultery.    See  Divorce  and  Matrimonial  causes 92 

Afftdavit  of  elector  omitted  from  list.    See  Election  of  Members  of  Assembly 24,  25 

of  qualification  of  candidate.    ^^eQ  Ballot  at  Elections 21 

See  Divorce  and  Matrimonial  causes 93 

Insolvent  Debtors,  Belief  of 98,  99 

Petty  offences.  Trespasses  a^  Assaults 101 

Agents.    See  JWor«  and  Agents 63 

Al^nSIVS,  PR1VII.EGE8  OF 50 

Real  estate,  certain  invalid  titles  to  not  rendered  valid  by  chapter 50 

may  be  taken,  held,  conveyed  and  transmitted  by  aliens 50 

titles  to  not  invalid  through  alienage 50 

Alimony.    See  Divorce  and  Matrimonial  causes 91,  92 

AIJLECI.41VCE,  OATH  OF , 122 

Penalty  for  not  taking  oath  of  allegiance  when  lawfully  required  to  do  so 122 

Amendment.    See  BaUroads 85 

Amercement.    See'      "      34 

AEfCHORAGE.    See  Pilotage,  Harbors  and  Harbor  Masters 60 

Animals.    See  Petty  Offences,  Trespasses  and  Assaults 102 

Affbals.    See  Cotnbinations  of  JVorkmen ^ 113 

Divorce  and  matrimonial  causes 91,  93 

Fisheries,  Coast  and  Deep  Sea 79 

Biver 83 

Insolvent  Debtors,  Belief  of 99 

Petty  Offences,  Trespasses  and  Assaults 101 

Pildage,  Harbors  and  Harbor  Masters 61 

BaUroads 29,32,33 

Stipendiary  or  Police  Magistrates 96 

Apples.  Inspection  of  Provisions,  Lumber,  ^c 76 

Abticlss,  Shipping.    See  Shipping  and  Seamen 50  sag 

Abbitsators.    See  BaUroads 28 

Asaaults.    See  Petty  Offetices,  Trespasses  and  Assaults 100,  103 

Assembly,  Elections  for.    See  Ballot  at  Elections 18 

Election  of  Members,  S^c 3,  24 

Independence  OF.     Independence  of  Assembly 22 

Assessors.    See  Election  of  Members,  &c 4 

Assets  of  Canada  and  Provinces.    See  B,  N.  A.  Act 148, 149, 156  saa 

Atiornst  General.    See  CriminalJustice, ^c. Ho 


172  INDEX  TO  AFPENPIXIS, 


•   B. 

pAoe. 

Ballast.    Qe^BOotage,  Harbors  and  Hiarhor  Matters 60 

BJJLI^T  AT  IXECTIOIVS 18 

Affidavit  of  candidate's  qualification 21 

Assembly,  members  of  elected  by  ballot 18 

Ballot,  all  elections  for  assembly  to  be  by 18 

Ballot-bozeSy  examined  at  owning  of  poll 18 

made  and  furnished  to  snefifP 18 

new  to  be  county  charge 18 

new  to  be  supplied  by  sheriff 18 

returned  to  sheriff  with  poll  book. 19 

Ballots  and  mode  of  voting  described 20^  21 

enclosed  in  white  envelopes 21 

how  counted  at  close  of  poll 19 

preserved  in  case  of  protest v 20 

when  and  how  counted  by  sheriff 20 

Booth  polling,  persons  not  to  remain  in,  exceptions 19 

provided  by  sheriff 18 

Gandidates,  names  of  posted  on  booth 18 

proposed  in  writing  to  sheriff 21 

qualification  of  how  proved 21 

Close  of  poll,  proceedings  at 19 

Court  sheriff's,  adjourn^  if  returns  not  in 2D 

Declaration  of  members 20 

Elections  for  assembly  to  be  by  ballot. 18 

Elector,  how  to  vote...., 18 

Envelopes,  furnished  by  presiding  officers  when  necessary 21 

not  more  than  one  deposited  with  ballot 21 

used  to  enclose  ballots.. 20,21 

when  not  to  be  counted 21 

Form  of  oath  of  secresy  taken  by  officers 19 

Inconsistent  law  repealed 21 

Members,  how  declared  at  sheriff's  court 20 

New  ballot-boxes  to  be  county  charge 15 

supplied  by  sheriff 15 

Nomination  day,  no  public  or  political  meeting  on... 21 

proceedings  on 21 

Oath  of  secresy  taken  by  omcers 19 

Officers  to  tiE^e  oath  of  secresy 19 

Opening  of  poll,  proceedings  at 18 

Penalties  for  violating  act 21 

Penalty  for  personating  voter ,...  21 

Personation  of  elector  now  punished 21 

Persons  not  to  remain  in  booth;  exceptions 19 

Poll  when  unnecessary 21 

Polling  booths  provided  by  sheriff 1^ 

Presiding  officer,  how  compelled  to  return  ballot-box,  &c 20 

supplied  with  box,  poll-book,  and  register  by  sheriff. 1^ 

to  count  ballots,  and  declare  state  of  poll 19 

explain  mode  of  voting 19 

find  voter's  name 18 

furnish  envelopes  when  necessary 21 

post  up  names  of  candidates  on  booth 18 

return  ballot-box  to  sheriff 19 

state  names  of  candidates  when  necessary 16 

Proceedings  at  close  of  poll , !• 

opening  of  poll IB 

Protest,  ballots  preserved  in  case  of Sft 

Bepeal  of  inconsistent  law SI 

Secrecy,  oath  of,  taken  by  officers ^  11 

Sherifra  duties  on  nomination  day ♦.^  |l 

proceedings  on  declaration  day ^^^  P 


INDEX  TO   APPBMDIX1B8.  ITS 

PAOB. 

BAIXOT  AT  EliBCnoIVS— Ccmtlaaedi, 

Sheriff,  to  adjourn  court  if  returns  not  made 20 

furnish  ballot-boxes,  registers  and  poll-books  to  presiding  officers....    18 

provide  new  ballot  boxes 18 

polling  booths 18 

receive  boxes  and  poll  books,  and  keep  uiiopened  till  declaration  day.19,20 
return  writ  to  provincial  secretaiy  and  poll-book  to  clerk  of  peace...    20 

when  and  how  to  count  ballots 20 

Violation  of  act,  penalties  for 21 

Votes  not  to  be  revealed;  exceptions 19 

Voting,  how  conducted 18 

Warrant  may  isssue  against  presiding  officer  not  mi^ng  return 20 

Banknotes.    See  Currency t 67 

Barrels.    See  iMpedwn  of  Prcfmwrm,  Lumber,  ^c. 76 

Bawdy  Houses.    See  Public  Maraia,  offences  agatnst 107, 108 

BIULS  OF  EXC1IAIW6E  AND  PROHinSORY  NOTES 66 

Acceptance  of  bill  of  exchange  must  be  in  writing  on  bill 66 

Damages  and  interest  on  protested  bills  of  exchange t 66 

not  recoverable  for  non-delivery  of  articles  mentioned  in  promissory 

note 66 

Promissory  notes,  if  not  payable  in  money,  not  negotiable 66 

may  be  sued  on 66 

no  damages  recovered  on 66 

negotiable 66 

who  may  sue  on 66 

Protested  bills,  damages  and  interest  on 66 

Becovery  of  amount  of  note  not  payable  in  money 66 

Boundaries  of  Ontario,  Quebec,  ^EW  Brunswick  and  Nova  Scotia.    See 

Britteh  North  America  Act 128 

Bread.    See  Inspection  of  Provisions,  8^c 69 

Bricks.     "        "  "  76 

BRITISH  NORTH  AMERICA  ACT 127 

Admission  of  oth^er  Colonies 155 

Provisions  for  admission  of  British  Columbia,  Newfoundland,  Prince 

Edward  Island,  Rui)ert'8  Land  and  North- West  Territory 

Union 155 

as  to  representation  of  Newfoundland  and  Prince  Edward 

Island  in  Senate 155 

Distribution  op  Legislative  Powers 143 

Agriculture  and  Immigration 146 

Education 145 

Parliament  of  Canada,  powers  of 143 

Provincial  Legislatures,  exclusive  powers  of 144 

Uniformity  of  laws  in  Ontario,  Nova  Scotia  and  New  Brunswick 146 

ExBCTTTivB  Power 128 

Governor  General,  provisions  as  to 128, 129 

Privy  Council,  "  "    129 

Queen  to  have  command  of  armed  forces ISO 

executive  power 128 

Seat  of  Government  of  Cajiada 130 

Jntbroolonial  Railway 164 

Railway,  commencement,  construction  and  completion  of, provided  for...  154 

Judicature 147 

Appeal,  court  of,  &c.,  may  be  established 147 

JuogBS,  appointment  of 147 

salaries,  &c.,of 147 

selection  of  in  Ontario,  Nova  Scotia,  New  Brunswick  and  Quebec  147 

tenure  of  office  of  certain 147 

Lboxslativb  Power 130 

House  of  Commons,  provisions  as  to.... 133 

New  Brunswick,  electoral  districts  of 134 

NovaScotia,  "  -        «  134 

Ontario,  «  •«        „ 133,166 

QiMbeo,  «  "        •* 138,166 


174  INDEX  TO   APPENDIIES. 

PAGE. 

BRITISH  NORTH  AMERICA  ACT— CkMitinaedl. 

Money  votes,  provisions  as  to 135 

Parliament,  constitution,  powers  and  sessions  of ISO 

Boy^  assent  to  bills,  provisions  as  to 136 

Senate,  provisions  as  to 130 

MiscBLLANBOUs  Provisions 151 

Appointment  of  new  officers  by  Governor  General 152 

Declaration  by  senators  and  Quebec  councillors 151 

Existing  laws,  courts,  officers,  &c.,  how  continued 151 

Forms  of  oath  of  allegiance,  and  declaration 156 

Languages,  English  and  French,  how  used 152 

Oath  of  allegiance  t%ken  by  members  of  Dominion  and  local  legislatures.  151      j 

Ontario  and  Quebec,  special  provisions  respecting 152 

Senators  not  to  be  legislative  councillors 151 

Treaty  obligations  performed  by  Canada 152      , 

Nova  Scotia,  Provisions  specially  APrECXiNQ i 

alterations  in  act,  as  to (note)  156     ] 

constitution  of  legislature  of 142     ] 

debt  of,  and  subsidy  to 149     ' 

electoral  districts  of 134 

executive  government  of 188 

Intercolonial  Railway  for,  &c 154 

limits  of V^ 

members  of  House  of  Commons  from 1.^ 

seat  of  government  of 139 

senators  from .' 130,155 

Preliminary  Provisions 127 

Application  of  provisions  relating  to  Queen 127 

Short  title 127 

Provincial  Constitutions 137 

Executive  power 137 

Legislative*  power 139 

in  four  provinces 142 

Nova  Scotia,  New  Brunswick  and  Quebec^ H2 

Ontario  and  Quebec 142 

Ontario 1-^ 

and  Quebec 1*.' 

Quebec 139 

Revenues;  Debts;  Assets;  Taxation 147 

Assets  of  Canada 148, 156 

four  Provinces 1+^,  HU 

Ontario  and  Quebec 148,157 

Debts  assumed  by  Canada 148, 158  |di 

of  Nova  Scotia  and  New  Brunswick 149, 158  (d» 

Ontario  and  Quebec 14* 

Revenue,  charges  on  consolidated  fund  of  Canada 146 

provincial l*"^^ 

subsidies  to  from  Canada 149.  158  (n) 

Taxation 

Custom  and  excise  laws  continued,  how KV' 

Lands  and  property  of  Canada  and  provinces  exempt  from  taxation...  1«V^ 

No  duties  between  provinces 150 

Powers  of  Canada  as  to  taxation 143, 147 

provinces  as  to  taxation 144.  l.^O 

Union 128 

between  Canada,  Nova  Scotia,  and  New  Brunswick liB 

boundaries  of  Ontario,  Quebec,  New  Brunswick  and  Nova  Scotia  aifter....  13B 

census  decennial  during,  provided  for 135 

Buoys  and  Marks.    See  Pilotage,  Harbors,  ^c ftO^fl 

C. 

CANDiDArSB.    Set  Balht  at  Elections H*    ^ 


INDEX   TO   APPENDIXES.  175 

PAGE. 

Candidates.— See  Election  of  Membergy  ^c 3,  8,  9 

Census  Decennial.    See  Jfntish  North  America  Act.: 128 

Cebtipicate.    See  Election  of  MemberSf  Sfc 24,26 

FiaherieSy  Coast  and  Deep  Sea 79 

jRaUroads 33 

Shipping  and  Seamen 64,  55,  56 

Ships,  Megistryof, 59 

Chapters  and  parts  of  Chapters  of  Sevised  Statutes,  Third  Series,  unrepealed  by 

Canada,  &c 45 

of  the  Th ird  Series  of  the  Revised  Statutes  altogether  repealed. 1 61 

Clapboards.    See  Inspection  of  Provisions,  Lumber,  8fc ...74,  76 

Clerk  of  Crown.    See  Supreme  Court  and  its  Officers 90 

Clerk  op  Peace.  Election  of  Members,  <S-c 6,  24 

Railroads. 30,34 

Stipendiary  or  Police  Maaistrates 93,  94,  96 

Coal  and  Salt.  Inspection  of  Provisions,  ^c 7 

Coast  and  Deep  Sea  Fisheries.    See  Fisheries,  Coast  and  Deep  Sea 77 

COASTiNO  AND  PisniNO  VESSELS.  PHotoge,  Harbors,  ^c 60 

Coasting  Vessels.    Beel^heries,  Coast  ajid  Deep  Sea 79 

Shipping  and  Seamen 56 

COHIBIIVATIOMS  OF  l¥ORK.MUBIV 110 

Appeals  to  supreme  court,  how  made,  effect  of,  4c 113 

Chapter,  appeal  from  justices*  decision  under 113 

commitments  and  convictions  under  to  be  as  in  schedule 113 

forms  of  commitments  and  convictions  imder 114 

not  to  extend  to  persons  meeting  for  certain  purposes Ill 

offenders  against,  how  and  when  proceeded  against 112 

witnesses  against,  how  summoned,  &c 112 

compellable  to  give  evidence  imder Ill 

Employers,  penalty  for  interfering  with  as  to  business,  workmen,  &c 110 

Forms  of  commitments  and  conviction 114 

Justices,  proceedings  by  and  before 112 

to  compel  attendance  of  witnesses 112 

Offenders,  apprehension  and  trial  of 112 

compellable  to  give  evidence  for  crown Ill 

giving  evidence  not  to  be  prosecuted Ill 

Penalty  for  interfering  with  workmen  or  employers ; 110 

witnesses  not  pving  evidence 112 

Persons  meeting  for  certain  purposes  exempted  from  operation  of  chapter Ill 

Schedule,  forms  in  to  be  used 113 

.  Workmen,  penalty  for  interfering  with  as  to  work,  wages,  &c 110 

commissioners.    See  Insolvent  Debtors,  Belief  of 96 

Hailroads 28 

Constables.    See  CrimtnalJustice,  administration,  8^'c 115 

Stipendiary  or  Police  Maaistrates 95 

Contempts.  Dtvorce  and  Matrimonial  causes,  8^c 93 

Convicts.  Penitentiary 45 

COPYRIGHT,  E.AW  OF 86 

Actions  under  chapter  limited 88 

Author,  &e.,  may  obtain  copyright  and  renewal 86 

to  receive  certificate  from  Provincial  Secretary 87 

Copyright,  benefit  of  not  to  be  had  imless  title  registered  in  Provincial  Secre- 
tary's oflSce  before  publication 87 

penalty  for  infringing  by  imitation,  &c 87 

printing  or  importation 87 

on  person  not  having,  and  inserting  entry  as  registered 88 

.  to  whom  and  how  granted,  and  how  renewed 86 

Pee  to  be  paid  Provincial  Secretary  for  certificate 87 

Form  of  certificate  from  Provincial  Secretary 87 

Limitation  of  actions  as  to  copyrights 88 

Penalty  for  infringing  coppight 9! 

illegally  inserting  entries  as  registered 88 

Provincial.Secretary,  title  to  be  registered  in  office  of 87 

.to  give  certificate  to  author,  4bc 87 


176  INDBX  TO   APPSNIHXBS. 

PAaL 
C^OPYIUGHT,  MJLV¥  OF— Contiiiaed* 

ProTincial  Secretary,  to  receive  fee  from  author,  Ac^ 8? 

Renewal  of  copyright,  how  and  to  whom  granted dS 

CJoEDWOOD.    See  Inspection  of  PravisionSi^c 72 

Ck>STS.    See  Crimmat  Justictt  adminittrcAiony  8^c,«, 117 

Divorce  and  Mtxtrtmonitd  causes,  ^-c. 93 

Fisheries,  Coast  and  Deep  Sea 79 

Shipping  and  Seamen 55 

CoiTNTY  Chabge.    See  Railroads 27 

Treasubeb.    See  Criminal  Justice,  Adminutration^  Sf'C, 116,  sm 

RttUroads S 

CouBT  FOB  DivoBCR  AND  Matbimonial  CAUSES.    See  Divorce  and  Matrimonii 

causes,  ^c 90 

SuPBEME  AND  Ofpicebs.    See  Supreme  Court  and  its  Officers JO 

OouBTESY  AND  DowEB.    &ee  Dioorcs  onJ  Matrimonioi  cousss 91 

Cbeditob,  Impbisonino.    See  Insolvent  Debtors,  HeUefof. 97.  «m 

GRIRIIIVAI^  JUSTICE,  AV^MlNlSn^fHAmoU  OF  IIV  SUPAEMB 

COURT :. 115 

Attorney  General,  court  to  appoint  prosecutor  in  absence  of ;  costs. 116 

to  certify  as  to  witnesses' fees. 116 

Constable's  expenses,  how  paid  where  prisoner  has  no  goods 115 

Costs  of  prosecuting  officer,  how  taxed  and  paid.. IIT 

County  Treasurer,  fines,  Ac,  in  supreme  court  paid  to 118 

how  and  when  to  pay  fees  of  witnesses  in  criminal  cases. 116 

not  haying  funds,  expenses  of  constables  and  witnesses  paid 

from  Provincial  Treasury 116 

to  pay  fees  of  witnesses  attending  grand  jury  without  suth 

poenas,&c 119 

to  pay  tines,  Ac,  to  witnesses  in  prosecutions 113 

when  to  pay  expenses  of  constables 116 

poor  witnesses 116 

Criminals,  bailed  or  imprisoned  where  questions  of  law  reserved 119 

charged  with  misdemeanors,  sections  86,  87,  88,  89,  and  90  to  apply 

to  trials  of *.  US 

imprisoned  in  penitentiary  or  jail US 

8X)ecial  sittings  for  trial  of 117 

warrants  for,  endorsed  by  justices US 

when  sentenced !17 

to  pay  expenses  of  prosecution 117 

Expenses  of  conveying  prisoners  to  jail,  by  whom  borne ;  penalty 115 

when  prisoner  has  no  goods 115 

poor  witnesses,  how  paid ll«> 

Fees  of  witnesses  on  criminal  trials,  how  paid 116 

Fines,  &c.,  levied  by  supreme  court  paid  to  coimty  treasurer US 

paid  to  witnesses  attending  criminal  trials 113 

Form  of  certificate  of  decision  of  supreme  court  on  question  reserved 130 

Imprisonment  to  be  in  jail  or  penitentiary 118 

Jail,  charges  of  conveying  prisoner  to,  how  recovered 115 

when  paid  by  prisoner 11.^ 

Judge  presiding,  may  adjourn  special  sitting  from  day  to  day 113 

may  reserve  question  of  law  for  court 11$ 

must  sign  case  stating  questions  reserved 119 

Misdemeanors,  sections  8G,  87,  88,  89,  and  90  to  apply  to 118 

Prisoner,  penalty^  on  for  not  paying  for  his  conveyance  to  jail 115 

Prosecution,  costs  of  bow  taxed  and  paid 117 

court  to  appoint  officer  to  conduct,  in  absence  of  Attorney  General; 

costs Ill 

expenses  of  when  paid  by  defendant IIT 

witnesses  for  in  criminal  cases,  fees  of 11^119 

Questions  reserved  for  court,  proceedings  on Ill 

form  of  certificate  of  iudgment  of  supreme  court  on.. «.^  Ml 

heard  and  determined  by  court  at  Halifax. — ...«  lit 

judgment  of  court  on,  how  delivered. .•.•,....-^  M 

order  of  supreme  court  on,  how  made  and  Qxecutod.....-,,M4*  Ut 


INBKX  TO   APPENDIXES.  177 

PAGE. 
CAiaOlKAI*  JUSTICE,  AlMHIMIflnFRATlOIV  OS"  IM  SVPliraffiB 

COURT— €k»iitiMae€i» 

Questions  reserved,  transmitted  to  court  at  Halifax 119 

Beceiver  General  to  pay  certain  expenses  when  county  treasurer  has  no  funds...  110 

when  to  pay  costs  of  prosecuting 117 

recover    "  "  117 

Special  sittings,  for  trial  of  felonies,  order  for 117 

judge  and  proceedings  at. 118 

may  adjourn  from  day  to  day 118 

may  try  misdemeanors. 118 

publication  and  notices  of  order  for 117 

summoning  jurors  and  other  officers  for. 117 

Supreme  court,  fines  levied  under  judgments  of,  paid  to  county  treasurer 118 

judge  of  may  order,  imprisonment  in  jail  or  penitentiary 118 

sentence  criminals  at  sittings  in  Halifax 117 

to  preside  at  special  sittings 118 

judgment  of  on  question  reserved,  how  delivered 120 

presiding  judge  may  adjourn  special  sittings 118 

questions  reserved  for,  determination  of,  &c 119 

proceedings  as  to 119 

special  sittings  of  for  trial  of  felonies  and  misdemeanors,  how 

ordered  and  held 117 

Warrant  for  criminal  escaping  from  other  province  how  endorsed  and  executed  118 

Witnesses,  fees  of  on  crinunal  trials,  how  paid IIC;  118 

fines  applied  to. payment  of  fees  of 118 

poor,  expenses  of  now  paid 116 

when  to  receive  fees  where  no  subpoena. 119 

Gbown  Lands.    See  Petty  CffenceSj  Trespaesu,  ^c 102 

CVR&EIVCY 67 

Bank,  chartered,  may  issue  notes  less  than  twenty  dollars 68 

notes,  bills,  &c.,  payable. in  gold:  or  silver,  and  twelve  per  cent  interest 

after  demand 67 

note  or  undertaking  must  be  accepted  by  maker  as  payment  of  holder's 

debt... 68 

transferable  by  delivery,  and  recovenU)le  by  holder...    68 
Cheques,  notes,  &c.,  not  intended  to  circulate  may  be  less  than  twenly  dollars...    68 

Decimal  currency  used  in  public  accounts 67 

Discrepancies  between  judgment  and  execution  rectified 67 

Executions  upon  certain  judgments,  how  taken  out. 67 

Holder  of  bank  note  or  similar  imdertaking  may  demand  coin,  and  recover 

twelve  per  cent  after  demand 67 

imdertaking  may  recover. 68 

tender  to  maker  as  payment 68 

transfer  by  delivery 68 

Judgments,  discrepancies  between  amounts  of  and  executions^  how  rectified 67 

executions  upon  certain,  how  issued 67 

mistakes  in  entries  of,  how  corrected 67 

to  be  entered  in  dollars  and  cents 67 

Notes  less  than  twenty  dollars,  not  to  be  issued.    Penalty 68 

One  pound  treasury  notes,  how  computed 67 

Penalty  for  issuing  notes  less  than  twenty  dollars.. 68 

Treasury  notes  and  notes  of  chartered  banks  may  bd  less  tiian  twenty  doliais....    68 

for  twenty  shillings,  how  computed 67 

COBSINO.    See  Public  Morale,  Offences  agtmst 108 

D. 

Damages.    See  Ra3road$ 27 

DiiiB.    See  Fkherietyltifoer 84 

DiUrGBBOiTS  Goods.    See  BaUroada 37 

Weapons.    See  PuhUc  Twee,  8^c 109 

Deals.    See  Lupection  of  Provisions,  Lumber,  ^c 78 

12 


178  IKDBZ  TO   APPENDIXES. 

PAOB. 

Dbbtobs,  Insolybnt.    See  Imohent  Debtors,  lUUrfaf, 90 

Debts  of  Canada  and  Pbovinces.    See  B.  N.  A.  Act 148, 1^,  158  (n) 

Dbclabation  Day.    See  Election  of  Members. 14 

Dbbp  Sba  Fishbbibs.    See  Fishenee,  Coast  and  Deep  Sea 77 

Dbsbbtion.    See  Fisheries,  Coast  and  Deep  Sea. 80 

Shipping  and  Seamen 53,50,128 

DiscHABOE  OF  Seamf.n  ABROAD.    See  Shipping  and  Seamen. 54,56 

DiBFBANCHiSED  Fbrsons.    See  Independence  of  Assombfy 22 

DIVORCE  AM1>  MATRmONIAl.  CAUSES,  COURT  FOR. 90 

Adultery  coupled  with  cruelty,  husband  and  wife  competent  witzieflsee  in  caaes 

of 92 

no  co-respondenta  or  juries  in  cases  of 92 

AffidaYits,  &c.,  taken  abroad,  admissible  as  in  supreme  court 93 

Alimony  and  costs  allowable  during  trial  by  court 91 

on  diYorce,  in  discretion  of  court 92 

what  to  constitute 92 

Appeal,  court  of,  powerof  as  to  costs 9S 

none  as  to  costs  alone 9S 

when  and  to  whom  to  be  made 91 

Appointment  and  powers  of  temj^rary  judge 90 

in  case  of  absence,  lUness,  Ac,  of  judge  ordinary 90 

of  registrar  of  court 91 

Authority  of  ludge  over  persons  in  court  same  as  of  judge  of  supreme  court.  • .  •  93 

Chambers,  judge  ordinary  may  sit  at*     98 

Clergyman  not  liable  to  penalty  for  not  marrying,  &c.,  diYoroed  persons 92 

Contempts,  &c.,  judge  lo  have  same  powers  as  to,  as  judge  of  supreme  court.  • .  93 

Co-resj^ndents  not  introduced  in  cases  of  adultery 92 

Costs,  m  discretion  of  court  or  appeal  court. 93 

no  api)eal  as  to  alone 93 

Court,  jurisdiction  of  as  to  diYorce,  dower,  and  courtesy 91 

may  decree  alimony :  nature  of  alimony 92 

order  execution  and  dispose  of  proceeds 91 

powers  of  at  trial  and  as  to  judgment 91 

to  have  powers  of  English  court,  exception 92 

make  rules,  to  be  published  in  JRogal  Gazette 93 

Courtesy  and  dower,  in  discretion  of  court 91 

Cruelty  coupled  with  adultery,  husband  and  wife  competent  witnesses  in  cases 

of 92 

Divorced  person,  clergyman  not  liable  to  penalty  for  not  marrying,  Ac 92 

may  marry  a^in 92 

Dower  and  courtesy  in  discretion  of  court 91 

Evidence,  all  prooesi  under  seal  of  court  to  be 91 

rules  of  same  as  in  supreme  court 92 

taken  abroad  admissible  as  in  supreme  court 93 

Examination  of  witnesses 92 

Execution,  nature  and  effect  of 91 

proceeds  of  sale  under,  paid  into  registry 01 

False  depositions,  4c,  to  be  perjury 92 

Oazette,  Jloyal,  rules  of  court  to  be  published  in  before  going  into  operation ...  93 

Husband  and  wife  competent  witnesses  in  certain  cases...* • 92 

Judge  of  supreme  court  to  act  temporarily 90 

Judge  ordinary,  illness,  absence,  Ac,  of,  provided  for • 90 

judge  in  equity  to  be ..  90 

may  sit  at  chambers ;  powers 93 

signature  of  not  necessary :  exception 91 

to  be  member  of  court  of  appeal •.... 91 

have  powers  of  judge  of  supreme  court  over  persons  in  court  ^ 

Jurisdiction  of  court ....   91 

Jury  not  allowed  in  cases  of  adultery 10 

liiarriages,  how  and  on  what  terms  declared  void • • 

on  what  grounds  declared  void • U 

Parties^av  marry  again  on  final  dissolution  of  marriage •^ 

Perjury,  who  guilty  of , ^  tl 


INDEX  TO   APPENDIXES.  179 

PA0B. 

I^ITORCK  AltfD  MATRIllIOltflAI.  €AUSS9--Coiitln«ed« 

Powers  of  court  same  as  of  English  court ;  exception • 99 

Process,  issued  by  registrar,  proved  by  seal,  &c • 91 

Registrar  of  court • •  •  •  • •  91 

may  si^  rules,  orders  and  other  process * 91 

to  receive  proceeds  of  sales  under  execution • 91 

Be-marriage  allowed  after  suit  finally  decided 92 

Rules  to  TO  made  by  court  and  published  in  lUnfai  Gazette ^ 

Seal  of  court,  all  process  under  receivable  in  evidence 91 

how  made,  altered,  &c. :  effect  of 91 

Supreme  court,  powers  and  constitution  of  on  appeals 91 

rules  of  evidence  same  as  in 92 

Witnesses,  how  examined 92 

husband  and  wife  competent,  in  certain  cases 92 

DOCXTMXNTS  OF  Title,    ^ee  Factors  and  Agemts 64 

DowEB  AND  COUBTESY.        IHw)rce  and  Matrtmomol,  ^c 91 

Drunkenness.                     PuhUc  Morab,  Offences  agairut . .  • .  • 107 

E. 

EUBCTIOltf  OF  nnSlUBERS  OF  AB8EIIIBI.Y— Chapter  S8,  Acta 

or  isea 3 

Actions  for  penalties,  form  and  limitation  of • 17 

Acts  repealed ' *^ 17 

Affirmations  by  Quakers 16 

Agent  of  candidate,  how  appointed • 11 

to  vote 11 

Aldermen  to  revise  lists  for  City  of  Halifax • 3, 6 

Appointment  and  qualification  of  presiding  officers 9 

of  revisors 3 

Appropriation  of  penalties 17 

Assessment  district,  when  not  same  as  polling  district,  lists  how  made  up 3 

rolls,  form  of 4 

Assessors  neglecting  to  deliver  lists,  penalty  on 5 

to  deliver  assessment  roll,  &c.,  to  revisors. 4 

Candidate,  agents,  inspectors  and  clerks  of,  how  appointed 11 

clerk  of,  his  oath 11 

declaration  of,  by  whom  and  how  subscribed  .  • 9 

form  of 9 

how  to  vote 11 

and  when  proposed 8 

name  of,  how  entered  and  proclaimed 8 

poll  demanded  for 8 

qualification  of 9 

when  must  be  specified 9 

what  only  can  be  voted  for • 9 

when  unopposed  declared  elected •  8 

withdrawal  of • 8 

Chapters  repealed.  Revised  Statutes,  second  series ••  17 

City  of  Hidifax,  register  for • % 

revisalin •• 3 

Gerk,  candidate's,  appointment  and  oath  of 11 

how  to  vote 11 

of  peace,  lists  filed  with 6 

to  make  up  lists  of  non-resident  voters 6 

Closing  of  poll 9 

Constables  special,  sworn  in  for  election • *. 14 

Corporations  to  have  no  vote*. 5 

Dedaration  day,  proceedings  on • • 14 

of  qualification  by  candidate. ••• 9 

Definition  of  terms 4 17 

Delay  in  polling  prevented 12 


180  INDEX  TO   APPENDIXES. 

PAGE. 

ElectioD  court,  when  and  how  held « 7 

how  proved 17 

writs  for 7 

Electors,  lists  of  for  Halifax  City,  how  made  up 3 

qualified,  when  posted  up  by  revisors 4 

may  make  declaration  for  candidate 9 

names  of  entered  by  poll  clerks  and  found  by  presiding  officers 10 

non-resident,  lists  of  made  up 6 

may  select,  districts,  Ac 6 

oaths  administered  to 11,1^ 

of  City  of  Halifax,  lists  of,  &c 6 

penalty  on  for  improper  voting 12 

qualification  of 3 

refusing  to  take  oath •••.. •    u 

to  state  names  and  residences 10 

vote  in  counties  where  resident.* • 10 

only  in  one  district '» 10 

when  old  register  of  used 6 

register  of  not  made  up  that  of  previous  year  used 6 

Evidence,  parol  oi  election  sufficient • 17 

Expenses  of  preparing  register  how  paid • 7 

Fees,  when  and  how  paid  to  sheriff }$ 

Firms,  members  of  when  to  have  votes # b 

Form  of  assessment  roll • 4 

declaration  of  candidate 9 

notice  of  meeting  of  revisors 4 

names  to  be  added  or  struck  off 5 

oath  of  candidate's  clerk ii 

poll  clerk 10 

presiding  officer  at  close  of  poll l2 

opening 10 

revisors • i; 

sheriff 7 

sheriff's  clerk 8 

oaths  of  electors 11, 12 

Grand  jury  to  nominate  revisors 3 

Halifax  City,  lists  for  how  made  up 3 

regulated  by  Council's  bye-laws 8 

revised  by  aldermen 6 

signed  by  mayor  and  filed 6 

when  register  of  electors  for  city 7 

Incapacity  of  presiding  officer  and  poll  clerk  provided  for 14 

Inspector  of  candidate,  appointed 11 

how  to  vote 11 

Judgments  for  penalties,  how  enforced 15 

Limitation  of  actions  for  iienalties. 17 

Lists,  assessors',  when  and  how  made  up 4 

electoral,  elector's  name  to  be  marked  on  before  voting 10 

for  City  of  Halifax,  how  made  up,  &c 3,  B 

how  finally  made  up b 

made  up  in  certain  cases 3 

names,  how  struck  off  of 5 

of  non-resident  voters  how  made  up 6 

paupers'  names  struck  from 5 

penalty  on  assessors  and  revisors  for  neglecting 5 

when  completed  signed  by  sheriff 6 

deposited  with  clerk  of  peace. 6 

previous  year's  used •....     6 

Mayor  to  sign  lists  of  city  of  Halifax 7 

Misconduct  of  presiding  officer,  penalty  for II 

Names  of  persons  how  struck  off  lists • 

Nomination,  proceedings  at , •••...  f,S 


> 


IN'DKit  TO   APPENDniB&.  181 

PAGB. 

majB€7n&ti  OT  mSMBEmS  or  itSllfilllBI^Y-CioiitiiiaedU 

Non-resident  electors,  lists  of  how  made  up.  - 6 

may  select  districts 6 

names  how  entered  on  lists 4 

Notice,  given  by  revisors ♦•••;• **»  ^ 

U)  party  whose  name  is  proposed  to  be  struck  off  list 5 

Oaths,  administered  to  electors • 11, 12 

of  candidates'  clerks 11 

false,  Ac.,  to  constitute  j)erjuiy 16 

names  of  electors  refusing,  expunged. 12 

of  presiding  officer  and  poll  clerk  at  opening  of  poll,  by  whom  adminis- 
tered  10.11 

at  close  of  poll 12 

revisers  form  of 17 

sheriff  and  his  clerk  on  nomination  day 7,  8 

penalty  for  not  administering  to  electors 12 

Quakers  need  not  take 1ft 

Opening  of  poll 9 

Paupers,  names  of  struck  from  lists fi 

Peace,  justices  of,  duties  of  at  elections 13 

penalty  for  violation  of  at  elections *  13 

preservation  of  at  elections 13 

Penalties,  appropriation  of 17 

how  prosecuted  and  applied 16 

judgments  for  how  enforced 15 

when  and  how  recovered 17 

where  and  how  recovered 15 

Penalty  for  assessors  or  revisors  neglecting  lists 5 

breach  of  the  peace 13 

perjury  under  act 16 

violating  act 16 

witnesses  disobeying  revisors. 6 

on  elector  for  improperly  voting 12 

poll  clerk  for  misconduct 13 

presiding  officer  for  misconduct 13 

retaining  or  altering  poll  book 13 

not  returning  poll  book 15 

sheriff  for  improper  return ; 14 

or  presiding  officer,  not  administering  oath 12 

Periuiy,  who  guilty  of,  and  penalty  for 16 

Poll,  close  of,  proceedings  at 12 

duty  of  presiding  officer  at  o][)ening  of 10 

opening  of,  proceedings  at 10 

proceedings  at  sherifrs  court  after 14 

when  and  where  open 9 

taken 7 

book  delivered  to  presiding  officer  by  clerk 13 

names  of  agents,  ins^jectors  and  clerks  entered  in 11 

prepared  and  kept  by  poll  clerk 10 

returned  to  sheriff  by  presiding  officer 13 

return  of  how  com];)elled 15 

sealed  up  by  clerk  at  close  of  poll 13 

books.  Oldened  and  votes  counted  by  sheriff 14 

proceeilings,  if  not  all  returned 14 

returned  unaltered  to  sheriff  under  penalty  .....* 13 

votes  for  persons  not  candidates,  expunged  from 9 

clerk,  appointment  of , 10 

not  acting  how  replaced 14 

oath  of  at  opening  of  poll 10 

penalty  on  for  misconduct 13 

to  enter  voters*  names  in. poll  book. 10 

take  place  of  presiding  officer  when  necessary 14 

PoDiBg,  delay  in  prevented 12 

districts,  lists  for  certain,  how  made  up ^ 


182  INDEX  TO  APFENDULBS. 

PAGK. 

IBUSCTMM  OF  MEIIIBERS  OF  ^JSSEllKBIiir— ContiniMil. 

Polling,  simultaneous  prorided  for 7 

Presiding  offtcer,  appointment  and  qualification  of 9 

compelled  to  return  poll  book 15 

how  to  vote H 

not  acting,  how  replaced 14 

not  returning  poll  book 15 

not  to  receive  votes  for  person  not  entered 9 

oath  of ,  at  close  of  poll 13 

opening  of  poll 10 

penally  on,  for  misconduct IS 

refusal  to  administer  oaths  to  elector. 13 

powers  of  at  election 13 

proceedings  of  at  close  of  poll 12 

opening  of  poll 10 

sheriff  may  act  as 10 

supplied  with  copy  of  register 10 

to  administer  oaths  to  electors 11 

appoint  and  swear  agents,  clerks  and  inspectors 11 

fmd  and  mark  voter*s  name  on  register 10 

give  necessary  information  as  to  candidates,  &c 10 

prevent  delay  in  polling 12 

put  questions  to  voters 12 

receive  and  forward  poll  books  to  sheriff IS 

Proceedings  at  sheriff's  court,  at  nomination ft 

Prosecutions  for  penalties 15 

Protest  against  election U 

Quakers  may  affirm 16 

Qualification,  declaration  of  by  candidate 9 

of  candidate 9 

when  must  be  specified 9 

voters 3 

witnesses  may  be  called  and  sworn  as  to  by  revisers.....  6 

Questions  put  to  electors  by  presiding  officer 12 

Recovery  of  penalties 15 

Register,  copy  of  furnished  by  sheriff  to  presiding  officer 10 

expenses  of  preparing,  how  paid 7 

for  City  of  Halifax,  how  signed  and  filed. 7 

for  previous  year  used,  if  none  made  up 6 

of  electors  how  constituted ^ 

voter's  name  to  be  found  and  marked  on 10 

Repeal  of  chapters 17 

Return  of  i>olI  book  how  compelled 15 

sheriff's,  and  penalty  lor  improper  return H 

Revisors,  how  appointed 3 

in  City  of  Halifax 3 

may  summon  and  swear  witnesses  as  to  qualification,  Ac.,  of  voters...  6 

meeting  of  to  perfect  lists 5 

notices  of  meetings  of 4,5 

neglecting  to  revise  lists,  penalty  on J 

oath  taken  by,  form  of 17 

to  post  up  lists  of  electors  and  give  notice 4 

names  to  be  added  or  struck  off 5 

receive  assessment  roll  from  assessors 4 

strike  names  of  paupers  off  lists 5 

transmit  lists  to  clerk  of  peace 5 

Sessions  to  appoint  revisers ^ 

Sheriff,  court  of  how  adjourned i 8 

proceedings  at  on  nomination  day S 

when  and  now  further  adjourned. M 

duties  of  as  to  lists  of  non-resident  voters • 

duty  of  if  poll  books  not  all  returned M 

on  withdrawal  of  candidate „„«.  8 

fees  of f  H 


»«•••■••••• 


INDEX  TO  APPENDIXES.  18S 

PAGE. 

BI4ECTMIV  OF  niEllIBKRS  OF  A8SB1IIBI.Y— Conttnweci. 

Sheriff  ma^  act  as  preeiding  officer 10 

notices,  given  by  on  receipt  of  writ  for  election 7 

oath  taken  by  on  nomination  day 7 

penalty  on  for  improper  return 14 

ref^al  to  administer  oaths  to  elector 12 

powersof  atelections  to  preserve  peace,  &c 13 

proceedings  of,  at  final  court 14 

in  case  of  protest,&c 14 

on  receipt  of  election  writ 7 

proclamation  astaking  of  poll 8 

responsible  for  presiding  officers  and  poll  clerks 10 

to  appoint  presiding  officers  and  poll  clerks 0 

furnish  presiding  officers  with  copies  of  registers.... 10 

provide  polling  oooths 9 

sign  lists  of  electors 6 

when  and  how  t^  hold  court  for  election 7 

writs  for  election,  directed  to 7 

Simultaneous  polling  providedfor 7 

Terms  defined 17 

Violation  of  act,  penalties  for,  how  recovered 16,  17 

Votes,  corporations  notto  have 6 

firms,  members  of  when  to  have 5 

for  candidate  not  entered,  expunged  if  taken 9 

refusea. 9 

of  agents,  candidates,  clerks,  inspectors  and  presiding  officers,  how  taken  11 

Voters,  see  electors 3 

Withdrawal  of  candidate 8 

Witnesses,  penalty  on  for  disobeying  revisors 6 

summoned  and  sworn  by  revisors 6 

Writs,  election,  directed  to  sheriff 7 

issued  when  and  how 7 

notice  by  sheriff  after  receipt  of 7 

teste  and  return  of 7 

to  provide  for  simultaneous  polling 7 

EUBCnON  OF  MEHIBEIM  OF  AHIIEMBI.Y— Cltapter  14,  Acts 

or  ISIZ9  reiipectini^ 24 

Affidavit  of  elector  omitted  from  list,  lorm  of 25 

how  made 24 

when  and  how  filed 24 

Certificate  to  omitted  elector,  form  of 26 

fromclerk  of  peace 24 

Clerk  of  peace,  not  entering  name  or  giving  certificate,  <ftc.,  penalty  on 24 

to  add  name  to  register  and^ve  certificate 24 

file  affidavit  and  give  certificate 24 

Elector  omitted  from  roll,  list,  or  register,  form  of  affidavit  of. 25 

^certificate  to 26 

how  qualified  to  vote 24 

producing  certificate  allowed  to  vote  24 

Form  of  affidavit  of  omitted  elector 25 

certificate  to    "            *' 26 

oath  number  one,  new 25 

Inconsistent  law  repealed 25 

Name  omitted,  added  to  register  by  clerk  of  peace 24 

Oath  number  one,  new  form  of 25 

may  be  tendered  to  any  voter 25 

Omission  of  voter's  name  from  roll,  list,  or  register,  how  cured 24 

Penalty  on  clerk  of  peace  not  entering  name  or  giving  certificate 24 

how  recovered  25 

Presiding  officer  to  take  vote  of  party  producing  certificate 24 

Bepeal  of  inconsistent  law 25 

Voter  refusing  new  oath  number  one  not  allowed  to  vote. 25 

BucTiONS,  Vote  by  Ballot  at.    See  BaUot  at  EUctwns 18 


184  INDEX  TO  APFSNBiSaB. 

PAiO. 

Blbctobal  Lists.    9tGQ  EU<iion  of  MenJbert  of  Auetnhiy 3aM 

JfiLBCTORS*  ......  ......  f,,.mJ&fSk 

Electric  Tblbgraph  fob  Militabt  fubposbs.    See  Tdegraphfor  MQkary  Titr- 

pOBBS 4& 

Bnactments,  not  forming  part  of  the  Third  Series  of  the  Berised  Statutes 13 

BIVIASTMCENT,  WIMjBGAM^         10& 

Action  for  damages,  capias  when  granted  in        106 

not  prevented  by  chapter lOS 

Enlistment,  enticing  persons  abroad  for  ptupose  of,  a  misdeinednor,  how 

punished 1(^106 

illegal,  how  puiished  upon  cotiviction   106 

procuring  to  be  a  misdemeanor        106 

Enticing  minors  and  apprientices  to  leave  prdvince  a  misdemeanor;  haw  punished  106 

Justice  may  issue  warrant  under  chapter       106 

Misdemeanor,  enticing  minors  or  apprentices  to  leave  province  to  be  106 

persons  abroad  for  enlistment  to  be     106 

procuring  illegal  enlistment  to  be 106 

under  chapter,  Justice  may  isstie  warrant  fdr      106 

Punishments  for  offences  a^mst  chapter 105,106 

Warrant  issued  by  any  justice ;  how 106 

EscHANOB,  Bills  OF.    Boe  BUk  of  Exchan^ey  ^ 66 

B3CECUTI0N.    See  Divorce  ami  Matfimonial  Caiisea,  &c 91 

Executive  PowBB  UNDER  Union.    &ee  B.  ^.  A.  Ad 128 


F. 

FACTORS  A1!¥I>  AGENTS          65 

Accessories  to  unlawful  pledging  guilty  of  misdemeanor ^ 

Advance  defined    65 

in  good  faith  to  agent  not  authorized  to  pledge,  Ac.,  goods,  Ac^  when 

held  valid 64 

Agent,  contracts  with  in  good  faith  held  valid,  proviso W 

conviction  of,  not  evidence  against  him    66 

deemed  possessed  of  goods,  &c.,  under  his  control         64 

in  possession  not  authorized  to  pledge,  advance  to  in  good  faith  valid...  64 

of  goods  or  documents,  deemed  owner      ^ 

of  title  thereto,  may  sell  or  pledge 

them,  how 65 

may  pledge  goods,  &c. ,  f or  advances  on  acceptances,  Ac 6f» 

not  1  lable  to  conviction,  after  compulsory  disclosure 65 

pledging  goods  illegally,  guilty  of  a  misdemeanor        ^ 

powers  of  as  to  contracts  limited 64 

exchange  of  goods,  titles,  &c 63 

Chapter,  not  to  affect  other  remedies  of  parties  ag^eved 6f» 

Contracts  made  in  good  faith  with  agent  held  valid   64 

with  agent  known  to  be  such,  for  sale,  pledge,  exchange,  &Cm  of  goods, 

&c.,  when  valid ^> 

Conviction,  agent  making  compulsory  disclosures  not  liable  to (^ 

not  evidence  against  agent ^ 

Documents  of  title,  defined    oi 

pledge  of  to  be  pledge  of  goods          64 

possession  of  to  be  held  possession  of  goods 64 

Misdemeanor,  accessories  to  unauthorized  pledging  guilty  of          65 

unauthorized  pledging  by  agent  to  oe 65 

Owner  may  recover  surplus  proc^ds  of  sale  of  goods        65 

redeem  goods  pledged  on  satisfying  lien  and  agenf  s  claim ~  65 

Payment  by  money  or  negotiable  security  to  be  an  advance 68 

Penalty  for  unauthorized  pledging  of  goods,  Ac.,  by  agent      61 

Pledge,  for  amount  due  agent  and  his  acceptances,  legal   65 

of  documents  of  title  to  be  held  pledge  for  goods        61 

Pledging  goods  illegally  to  be  misdemeanor  of  agent       ...,i w-u*.  • 


PAOB. 

r ACTORS  Aum  AcmiirnMCofiifMM**. 

Pledging  without  authority,  aoeeesories  to  guilty  of  a  mlBdemeanor     05 

Po86e88ion  of  documentfto  be  deemed  pOfiBBssion  of  goode 04 

goods  and  documents,  what  to  be  deemed         04 

or  documents  evidence  of  agency      05 

Provisions  of  chapter  not  to  affect  other  legal  remedies 05 

Fees.    Bee  Criminal  Jiuiice,  Admimdration  i^,  &c.    HO 

Insolvent  DehtoTB,  Bii^  €f  99.100 

Fetfy  Offences,  Trespasses  and  Assaults      101 

J^iMage,  Harbors  and  Sarbar  Masters 02 

Sh^,  Registry  of 59 

Stipendiary  or  BoUce  Magistrates 90 

'9ENCINO.    Bfi^Bmkvads   35 

VkOHTiNG.         PiMic  Peace,  Offences  euainat       109 

VUHERIES,  COAST  AWl^  INBraP  SEA 77 

Actions  against  seizing  officers,  limitation  of 79 

for  penalties  and  forfeitures,  limited        79 

Agreement  between  master  and  crew  of  proyindal  fishing  vessel 80 

for  fishing  voyage,  form  of    80 

penalty  on  master  taking  man  without     80 

Amends  may  be  tendered,  and  tender  pleaded  by  seizing  officer      79 

Appeals,  within  what  time  to  be  prosecuted 79 

Burden  of  proof  of  illegality  of  seizure  to  be  on  owner  or  ohdmant 78 

Certificate  of  probable  cause  of  seizure  to  prevent  leccnrery  (if  costs        79 

Claimant  to  give  security  before  entering  claim ••  7B 

Claims  to  property  seized  to  be  under  oath    78 

Coasting  vessels  to  have  plank  or  iron  dn  keel  extending  aft  of  stem  post; 

exceptions...        79 

without  false  keel  behind,  destroying  nets,  penalty  on 79 

Condemned  vessels  and  goods  how  disposed  of 78 

Costs  not  recoverable,  where  probable  cause  of  seized 79 

Custodv  of  vessels  and  goods  seized        77 

Defininon  of  terms 79 

Desertion  from  fishing  vessel,  penalfy  for 80 

Evidence,  oral  admissible  to  prove  authority  of  aeizing  officer ; . . .  78 

Fishing  voyage,  agreement  to  be  made  between  master  and  crew,  previotis  to...  80 

form  of  agreement  for          80 

Forfeitures  and  penalties,  actions  for  limited       79 

Governor  in  Council  may  stay  proceedings  as  to  goods  or  Tessels  seized,  or  remit 

penalty       77 

Illegality  of  seizure,  to  ue  proved  by  owner  or  claimant    ..'. 78 

Keel,  false  to  be  used  by  certain  coasters,  description  of 79 

Limitations  of  actions  against  seizing  officers      79 

for  penalties  and  forfeitures 79 

time  for  appeals ; 79 

Master  of  vessel  to  enter  into  agreement  with  eiew  before  beginning  fishing 

voyage       i..; 80 

Notice  to  officer  before  action  against  him           ..;;..        : ; 78 

Oath  as  to  property  seized,  how  and  by  whoiniande *..  78 

claims  to  property  seized  to  be  under           ;.; i 78 

Officers,  entitled  lo  month's  notice  of  action,  against  them       78 

limitation  of  actions  against     ^i....  79 

may  board  vessels  being  in  anv  harbor  or  within  tlifee  miles  of  coast  77 

seize  vessds,  goods,  ^.,  liable  to  forfeiture 77 

tender  amendbB,  and  plead  tender           ;.;...  79 

penaltv  for  obstructing  in  seizure,  ftc.   ...; 77 

Penalties  and  forfeitures,  actions  for  limited 79 

how  and  b^  whom  sued  for            ;;...  78 

recovered  m  Vice-Admiralty  Oourt    78 

relieved  from  by  gorennor  in  council      77 

Penalty  for  deserting  fishing  vessel ..;...       .; 80 

obstructing  eeiziBffdfficen   ...;■..       ...; 77 

vessel  bound  elsewhere  not  departing  on  aotite     ;.;.  77 


186  INDBX  TO  APPENDDDS& 

PAGl. 

FISHEROaS,  COAST  AM]>  DEEP  8BA-ContlBae«« 

Penalty  on  (X>a0ter  yiolating  chapter  and  injuring  xiets      79 

master  taking  seamen  without  agreement 60 

Proceedings  where  master  bound  elsewhere  refuses  to  depart  on  notice        77 

Proceeds  of  condemned  vessels  and  goodsy  how  applied           78 

Security  to  be  g[iYen  before  clium  entered            78 

Suits  for  penalties  and  forfeitures,  how  and  by  whom  brought 7S 

Tender  of  amends  made  and  pleaded  by  seizing  officer      79 

Terms  defined        79 

Vessels,  coasting  how  shod 79 

goods,  &c.,  liable  to  forfeiture  may  be  seised  by  officers              77 

seized  and  condenmed,  how  disposed  of            77 

proceeds  of  how  applied      76 

claims  to  to  be  under  oath        78 

condemned  for  want  of  security       78 

how  secured  and  kept 77 

proceedings  as  to  how  stayed           77 

re-delivered  on  security 78 

Vessels  in  any  harbor  or  hovering  within  three  miles  of  coast  and  bound  else- 
where not  departing  after  notice,  how 

dealt  with 77 

may  be  boarded  by  officers         77 

Vice-Admiralty  court,  penalties  recovered  in 78 

may  r&-deliver  vessels,  goods,  &c.,  on  security        7B 

FISHERIES,  RIVER ^ 

Appeal  from  decision  of  justices  as  to  violation  of  certain  sections 83 

Application  of  sections  19,  20,  21  and  22  limited        S5 

Appointment,  authority,  duties,  and  salaries  of  inspectors 84 

Bag  nets,  not  to  be  set  for  salmon    ^ 

Chapter,  nets  set  contrary  to  destroyed ;  notice ^ 

provisions  of ,  to  what  fish  applicable           ^ 

sessions  to  declare  what  rivers  exempt  from         ^ 

Contrivances  for  catching  fish,  placing  of  regulated ® 

Conviction  before  justices,  form  of         96 

Costs  of  destroying  certain  dams  paid  by  owners       ^ 

Dams  to  have  dflh-ways  or  ladders          ^ 

Definition  of  terms             ^ 

Description  of  fish  ladder         §* 

Destruction  of  nets  illegally  set ;  notice        ^ 

Distance  of  contrivances  for  catching  fish  from  other  contrivances  and  from  mills 

regulated           B2 

Evidence  of  spearing  salmon,  what  to  be      ^ 

Fishing  stations  on  rivers,  to  be  regulated  by  sessions        82 

Fish  ladder,  description  of,  and  how  placed W 

or  way  required  in  all  dams,  Ac ^ 

way,  penalty  on  mill  owner  for  not  providing    8«*> 

what  subject  to  provisions  of  chapter           ^ 

yoimg,  stop-gates  for  in  dams,  &c ^ 

Forfeitures  and  penalties  for  violating  sections  6,  6  and  7 82 

Form  of  conviction  before  justices ^ 

justices' summons        85 

Halifax  County,  certain  sections  to  apply  to  specially 85 

exempted  from  operation  of  section  11      83 

sessions  to  regulate  passage  of  fish  through  Shubenacadie  canal 85 

Inspectors,  appointment,  authority,  duties  and  Varies  of 84 

nver,  penalty  on  for  neglect  of  oath  or  duty           84 

Justices,  nature  of  process  before  fi 

Mill  dams,  destroyed  for  continued  refusal  to  construct  waste  gates      84 

stop  gates  in  for  young  fish    84 

owner,  penalty  on  fornot  providing  fish  way 81 

to  keep  waste  gate  open  ;  penalty         • ^  88 

pay  costs  of  destroying  illegal  dam         M 

Nets  bag,  not  to  be  set  for  salmon           ^.^  88 


IKSiBX^TO  APPENDIXES.  181 

PAGE 

FISHOBRISB.  RIYSR— CJontimicd. 

Nets,  how  to  be  set 81 

not  to  be  set  between  sunset  on  Saturday  and  sunrise  on  Monday        82 

seines,  Ac,  distance  of  from  mills  and  other  nets,  &c.,  regulated 81 

illegally  set  may  be  destroyed,  notice     82 

not  to  extend  more  than  one  third  across  river           81 

Notice  to  be  giyen  by  person  destroying  illegal  nets,  &c 8j 

Penalties  and  forfeitures  for  violating  sections  5, 6,  and  7        81 

for  disobeying  orders  of  sessions  as  to  traps,  ftc 81 

refusal  to  construct  proper  waste  gates 8] 

taking  salmon  out  of  season            8] 

on  mill  owners  for  not  providins  fish  ways 8^ 

river  inspectors  for  neglect  of  duty  or  of  being  sworn & 

imder  chapter,  how  and  by  whom  recovered 8^ 

Process  used  under  chapter,  description  of           81 

Regulations  of  sessions,  their  operation  where  river  separates  two  counties  81 

to  be  made  by  sessions  as  to  fishing  stations  on  rivers 8! 

Rivers  exempt  from  chapter,  declared  b^  sessions       8< 

separating  counties,  lorce  of  sessions' relations  as  to        81 

stations  on  for  fishing  to  be  fixed  by  sessions 81 

time  for  taking  salmon  in  limited..           81 

Salmon,  nets  for  taking,  how  to  be  set          81 

not  to  be  caught  in  bag  nets 81 

taken  by  spearing  or  sweeping 81 

penalty  for  taking  out  of  season 8] 

time  for  taking  in  rivers  limited       „  8J 

who  to  be  regarded  as  in  act  of  spearing 8S 

Section  11  not  to  apj^y  to  Halifax  County.    8S 

Sections  5,  6  and  7,  penalties  for  violating ;  appeal            81 

19,  20,  21  and  22  to  apply  only  to  Halifax  County  and  Clyde  Biver  81 

Sessions,  effect  of  regulations  of  where  river  separates  counties. 81 

may  make  orders  to  prevent  setting  traps,  &c.,  for  fish.           81 

to  appoint  inspectors,  fix  their  scuaries,  jurisdiction,  &c.,  on  recom- 
mendation of  grand  jury           & 

declare  what  rivers  exempt  from  chapter       & 

fix  annually  fishing  places  on  private  property.    81 

Shubenacadie  cimal,  passage  offish  througn  regulated  by  Halifax  sessions. 81 

Spearing  and  sweeping  forbidden    81 

salmon  what  to  be  proof  of      8] 

Stop  gates  in  dams,  ^.,  for  young  fish  to  pass  through            8< 

Summons,  form  of        Si 

Sunday,  nets  not  to  be  set  on            81 

Terms  defined 81 

Time  for  takinff  salmon  in  rivers  limited ;  penalty      8! 

Traps,  &c.,  for  destroying  fish  prevented  by  sessions           8! 

penaltyfor  setting  against  orders  of  sessions           8! 

Wastegate,  penalty  for  refusing  to  construct       81 

to  be  kept  open  by  mill  owner,  penalty ;  exception            81 

FOBMS.    See  BaUot  at  mtctiona        %    It 

Br^ish  North  Amertca  Act 15! 

CambmatioTU  of  Workmen         11^ 

Copyright 8! 

CrtmmalJti8ticefAd7nnU8trationoff^c 12 

Blection  of  Members  of  AsserMy      4,sqq,25,  21 

Fi$herie»y  River  86,  8( 

Indepefndence  of  Aesemhhf   22,  2S 

Irwthent  Debtors  J  Relief  of       • 9 

Petty  OffenceSf  Trespasses  and  Assaults  102,10 

Rauroads 41 

Shipping  and  Seamen          & 

Fraud.  Insolvent  Debtors,  Relief  of       08,91 


l86  litlfBX  TO  kTl^KSta£68. 


PAGE. 

Gambling  Houses.    See  PubUc Morak,  OffmamagdiMt 107, lOS 

H. 

Halifax  City.    Bee  Election  of  Members,  ^,  8,6 

PMv  Ofincet,  TreepoBses,  ^.  * 101 

CJOUNTY.     ^Mert&tylUver 83,85 

Motagey  Harborsy^c 62 

flABBOB  Masters.  '*  "  <» 

Sabbobs.  •*  "  60 

Qay.    See  Inepection  of  I^'ovmonBy  lAmiber,  &c*         72 

Bouse  OF  Assembly,  Indbpendencb  OF.    See  Indmtendence  of  As9embh/  22 

House  OF  Ck)MMONS.    Bee  Britieh  Horth  America  Ad. 133 

Husband  AND  Wife.         Divorce  and  MatrimMiudy  i^ 92 


I. 

Illegal  Enlistment.    Bee  jEnUdment  Illegal          10f> 

Incest.    Bee  ISMic  Morab,  (Wen/xs  againet        107 

SNl^CPENI^ElVCnE  OF  A88CMBI.Y           22 

Actions  for  penalties,  limitation  of 23 

Disfranchised,  what  persons  to  be           22 

Elections,  who  not  to  vote  at           ..* — 

Exceptions  from  operation  of  act           23 

Form  of  oath,  diBomlifyiiig            | 

qualifying           ^ 

Limitation  of  actions  for  penalties 23 

Oath,  administered  by  presiding  oiilcer 22 

may  be  tendered,  and  pax^  refusing  shall  not  vote         22 

of  person  no  longer  an  official       "-S 

Officials,  persons  ceasing  to  be  to  vote  on  taking  oath 

how  punished  for  voting  

names  of  not  inserted  in  register,  or  struck  out  

what  disfranchised       ^ 

Penalties,  how  and  when  recovered 22,23 

Penalty  for  violating  act            22 

Person  ceasing  to  be  official,  how  allowed  to  vote       23 

Persons  disfranchised 22 

excepted  from  operation  of  act         23 

refusing  to  take  oath,  not  to  vote             22 

Punishment  of  disqualified  person  voting     22 

how  inflicted           22 

Begister,  names  of  disqualified  persons  struck  from    ...< 22 

Voters,  who  cannot  be 22 

nVSOI^TElVT  DEBTTORS,  RCI^IBJP  tMP           96 

Affidavit  of  creditor,  appeal  allowed  on » 99 

debtor  remanded  on     96 

Agent  when  served  with  magistrate's  summons 97 

Appeal,  court  of,  how  constituted 99 

proceedings  of 11^ 

from  commissioners  or  justices  allowed         11^ 

Appointment  of  commissioners 91 

Assets  and  liabilities,  schedule  of  annexed  to  petition             A 

Assignment  to  be  made  before  debtor's  discharge W 

Commissioners  and  j ustices,  fees  of,  schedule  of 

penalty  on  for  refusing  to  act  when  fees 


22 


m ••«•• 


1NPB3^  TO  APPB^IXES.  198 

PAGE. 
KVSOI^VEIVT  DCBTORS— Coettome^ 

Commissioners  and  justices,  what  fees  to  be  paid  to  100 

appomted  by  Governor  in  Council......        9(J 

or  judge,  how  to  discharge  remanded  debtor  at  end  of  imprison- 
ment.   98 

may  remand  debtor  for  fraud       98 

prisoner  in  case  of  mialicious  tort 98 

petition  and  schedule  of  insolvent  prisoner  ezhibitQd.tp  96 
powers  of  exercised  by  two  justices  where  process 

issued  by  justices        99 

^  shall  remand  debtor  upon  affidavit  of  creditor,  attor> 

ney,  Ac.       98 

to  administer  oath  before  examination,  if.  required 97 

certify  in  case  of  insolvent  impri^ned  at  suit  of 

crown           98 

direct  proceedings  in  cases  of  arrest  under  mesne 

process 98 

issue  summons  to  creditor  to  show  cause  against 

debtor's  discharge      97 

tax  witnesses*  fees  in  cases  ofremand  for  fraud,  &c.  99 

when  to  order  discharge           97 

Confession  of  judgment  by  debtor  arrested  under  mesne  process            98 

Copies  of  summons  and  schedule,  how  and  when  served    97 

service  of  how  proved          97 

Creditor  imprisoning,  agent  of  when  served,  &c 97 

copies  of  summons  and  schedule  how  and  v^hen  served  on  97 

lial)le  for  sheriffs  fees  in  case  of  discharge 99 

may  re(][uire  debtor  to  be  sworn           97 

non-resident,  what  deemed  service  of  justices'  summons 

on         97 

summons  issued  to      97 

to  receive  assignment  of  debtoi^s  property  97 

to  receive  confession  of  judgment  from  debtor 98 

Crown,  debtors  at  suit  of  how  discharged           98 

Debtor  discharged  on  assignment  made,  oath  taken,  &c.           97 

on  receipt  of  order  by  jailer,  &c.           99 

how  dealt  with  at  end  of  period  of  remand     98 

how  and  for  how  long  remanded  for  fraud              98 

malicious  tort       98 

imprisoned,  to  exhibit  petition  and  schedule  to  judge  or  commissioners  96 

under  justices' process,  how  relieved           99 

property  of  liable  after  his  discharge        99 

remanded  for  fraud  to  pay  witnesses'  fees;  penalty        99 

upon  affidavit  of  creditor,  Ac 99 

Discharge,  manner  and  effect  of        97,98,99 

Fees  of  sheriff,  who  liable  for  in  case  of  discharge 99 

paid  to  commissioners  and  justices,  to  be  as  in  schedule 100 

schedule  of  100 

when  tendered,  commissioners  or  justices  must  act,  under  penalty 100 

Form  of  oath  taken  by  insolvent  before  examination        97 

verifying  debtor*s  schedule      97 

Fraud,  debtor  remanded  for,  for  year  or  less       98 

witnesses' fe^i)  taxed  against        99 

Governor  in  council  to  appoint  commissioners      96 

Judge  or  commissioners.    See  Commissionera  or  Judge 

when  appeal  to  be  to       99 

Jud^ent,  confession  of  by  debtor  arrested,  under  mesne  process           98 

Justices  and  commissioners.    See  Commisaumera  andjusttces  100 

summons  of ,  how  served  in  certain  cases       97 

two  may  relieve  where  process  issued  by  justices 99 

to  grant  appeal,  and  remand  debtor  on  creditor's  affidavit 99 

Liabilities  and  assets,  schedule  of  annexed  to  petition      96 

Oath  administered  before  examination  at  wish  of  creditor       97 


190  INDEX  TO  AFFBNBIXES. 

inrsOliirElVT  DSBTORS— ContlBaed* 

Oath  to  be  '^Aken  by  debtor  before  dischaige        

waiyed   

Order  for  discharge,  upon  assignment  or  oath      

debtor  released  on  receipt  of  by  jailer,  &c.  99 

Papers,  all  to  be  returned  to  supreme  court  99 

Penalty  for  commissioners  and  justices  refusing  to  act,  when  fees  tendered        100 
Petition  and  schedule  of  party  imprisoned  under  proceiw  from  supreme  court 

exhibited  to  ;udge  or  commisAionera  9$ 
Prisoner.  -See  Debtor. 

Proceedings  and  orders  of  court  of  i^peal     

Property  of  debtor  liable  under  same  judgment  after  discharge     

Schedule  of  assets  and  liabilities  to  accompany  petition  

copy  of,  served  with  copy  of  summons 

truth  of,  sworn  to  before  discharge 

Sessions  special,  when  appeal  to  be  to ;  how  summoned,  Ac.  

Summons  and  schedule,  copies  of  how  and  when  served  

service  of  how  proved    

issued  to  creditor  after  petition  presented    

magistrates*  how  served  in  case  of  nourresident  creditor 

Supreme  court,  all  papers  to  be  returned  to 

debtor  imprisoned  under  process  from,  to  petition  judge  or 

commissioners   

when  to  be  court  of  appeal 

Tort  malicious,  prisoner  remanded  for,  for  year  or  less      

Witnesses'  fees  paid  by  debtor  remanded  for  fraud,  under  penalty  of  further 

remand        99 

nVSPECnON  of  PROTISIONS,  I^VllIBEm  FUEI«,  &c.       m 

Applbs  AND  Potatoes      76 

Barrels,  flour  may  be  used  76 

how  branded  76 

number  of  hoops  on        76 

(penalty  for  use  of  small        76 

size  of  regulated  76 

Brrad     ^ 

baker  paying  fines  as  to  may  recover  from  servant  or  journeyman    7") 

certain  loaves  of  exempted 70 

for  sale,  how  marked     69 

weights  of  loaves  of 'B 

penalty  for  obstructing  officer  in  searching  for  or  seizing    ?i 

selling  short  of  weight    70 

immarked       69 

on  servant  or  journeyman  offending  as  to      ?) 

person  selling  to  keep  scales  and  weights |0 

prosecutions  as  to  begun  within  three  days    70 

unmarked  or  under  weight  may  be  searched  for  and  seized  by  justice, 

constable,  &c 70 

Bricks  AND  STAVES,  how  counted  76 

Goal  AND  SALT     71 

measurers  of ,  fees  of       71 

penalties  on  for  misconduct        71 

weighed  or  measured  by  proper  officers    71 

Coal,  certificate  as  to,  delivered  to  collector  of  customs  It 

from  mine  to  be  given  to  purchaser  of  by  shipmaster  71 

penalty  for  giving  false  certificate  as  to  73 

selling  under  false  name  71 

sold  from  shipboard  by  retail,  by  weight  71 

Ck)RDW00D     71 

dimensions  and  quality  of,  when  retailed    tl 

measurers  of ,  penalties  on  for  misconduct  «  11 

fees  to      II 

penalty  for  selling  unmeasured  «.  71 

Totien  and  ciooVsJ^  «\\0i&  Qi>  \ft^'^\i\<^%%  aa  to  11 


INDBX  TO  APPENDIXES  191 

PAOB. 

nVSPSCnON  of  PROTmolVS—Coiitinaed. 

COBDWOOD. 

short  sticks  of ,  rejected  by  meamirers    72 

when  sold  from  shipboard,  to  be  surveyed  and  measured  by  proper 

officer 72 

Hay 72 

howweighed 72 

weigherrfees      72 

may  be  regulated  by  sessions        72 

LUMBEB^        73 

appeal  from  decision  of  surveyor  of       75 

boards,  dimensions  and  qualities  of 73 

certificate  of  surveyor,  effect  of 76 

clapboards,  dimensions  and  qualities  of        74 

what  forfeited         75 

what  rejected  on  survey 75 

dimensions  and  qualities  of  boards         73 

clapboards        74 

deals  73 

lathwood  74 

plank         73 

shingles  73 

staves         74 

timber 73 

duty  of  measurer  on  survey  of 74 

&C,  penalty  fornot  surveying ;  exception  as  to  Halifax  75 

purchased  for  exportation  shall  conform  to  chapter    74 

Pees  of  surveyor 75 

paid  by  seller 7* 

Halifax  City  excepted  from  survey  in  certain  cases     75 

Lathwood,  dimensions  and  qualiues  of 74 

Limitation  of  prosecutions 7A 

Marks  on,  penalty  for  defacing  or  altering 75 

Penalty  for  not  surveying,  exception  as  to  Halifiix      75 

on  surveyors  for  misconduct     75 

Plank,  dimensions  and  qualities  of 78 

Prosecutions  limited    76 

&c. ,  purchaser  not  obliged  to  accept  when  not  conformable  to  chapter    74 

Qualities  of.    See  Dimeruions, 

Shingles,  dimensions  and  qualities  of     74 

what  forfeited 75 

rejected  on  survey 75 

Staves,  dimensions  and  qualities  of 74 

what  rejected  on  survey 75 

Survey,  duties  of  seller  on 75 

what  shingles,  clapboards  and  staves  rejected  on 75 

Surveyors,  duties  of  on  survey 74 

fees  of,  paid  by  seller 75 

marks  of,  penalty  for  altering  or  defacing     75 

penalty  on  for  misconduct        75 

Timber,  dimensions  and  qualities  of. 73 

Officers  under  chapter  appointed  by  sessions 76 

Potatoes  and  edible  roots,  sold  by  weight         % 70 

See  Apples  and  Potatoes 76 

SAI.T.    See  Coal  and  Salt  71 

Sessions  to  appoint  surveyors  and  other  officers  „        76 

Staves  AND  Bhicks,  how  counted        76 

SuoAB,  tare  on  fixed  70 

penalty  for  not  allowing 71 

IKSPXCTOBS.    Bee  .t^et-ust  Biver  84 

iNTBECOLOViAi.  Railway.    &ee  British  Ni^rth  Americm  Ad   1^ 

IliTBREST  121 

Grain  or  live  stock,  borrower  to  pay  value  of  in  case  of  loss  through  his  wilful 

default       ; Vfi^ 


\9fi 


niDm.  ^.  APBBIIQ^UBi. 


Orain  or  live  stock,  certain  contracts  as  to,  legalized        

Jury  or  court,  to  allow  interest  by  wa¥  of  damages    

for  delay  of  payment  in  certain  ..^ 
Inventions  Useful,  Patents  fob.    See  Atenti/or  XJttfuX  hmetdioM 


PAGE. 


121 

m 

121 

88 


J. 

Jajl.    %^  CrimipMl  Jutikty  AdmimitArati^  

JiTDGB  Oboinaby.    See  Divorce  and  MatrimonuU  Cauaes^  ^c. 

JimasiBNTS.    See  Currency  

Patents  for  Useful  InventignM 

JuDiCATUBE  OF  CANADA.    See  British  North  America  Ajct 

JiTBT.    See  Haiiroads 

Shipping  and  Seamen  

Stipenmary  or  JPolice  Magistrates        

Justices.    See  Enlistment  I liegal    

Insolvent  Debtors,  Iteliefof  

P^ttu  OffenceSt  Trespasses  and  AssauUs 

Puwic  moraby  Offences  €u/ainst     

Sable  and  SanU  ImU's  Islands 


•••*•* 


130 

90,91,9J 

67 

90 

147 

30,31,32 

» 

94 

106 

99,100 

102,  103, 101 

108 

4A 


L, 

Land  Dauaoes.    See  EaUroads ,i.        

Labcenies.    See  Petfy  Offences,  Trespasses  and  As^nJts  

Stipendiary  or  Police  Maaistrates 

Lathwood.  Inspection  of  Provisions,  Lumber ,  8fc 

Legislation  of  Nova  Scotia,  altogether  inoperative  

as  to  Elections  and  Railways         

unrepealed  by  Canada,  &c 

Legislative  Power  under  Union.     See  British  North  America  Act 

Letters  Patent.    See  Patents  for  Useful  Inventions         

Limitation  OF  Actions.    See  Copyright      

Etectionof  Menibers  

Fisheries,  Coast,  ^c 

Independence  of  Assembly 

Penttentiary 

Petty  OffenceSj  8fc 

Shipping  and  Seamen  

Stipendiary  or  Ihlice,  ^c 

Lists,  Electoral.    See  Election  of  Metnbers  of  Assembly       

Lotteries  and  Raffles.    See  Piiblic  Morals,  Offences  against      

Lumber.    See  Inspection  of  Provisions,  Lumber,  ^c 


130, 
88,89 


28 
lOU 

94 

74 

15(* 

1 

43 
143 

ae 

17 
79 
:3 
45 

95 


73 


M. 

Magistrates.    See  Stipendiary  or  Police,  ^c 

Marriage.  Dworce  aiid  Matrinwriial,  ^c 

Master.  Shipping  and  Seamen  

Matrimonial  Causes,  Court  for.    See  Divorce,  ^c,  

Members  of  Assembly,  Election  of.     See  Ballot  at  Elections    

Ele(^ion  of  Menders,  ^c. 

Merchandize,  Inspection  of.    See  Inspection,  «J-c 

Merchant  Shippino  Act.  Shipping  and  Seamen     

Ships,  Registry  of   

Military  Telegraph.    See  Telegraph,  ^c 

Mill  Dams,    See  Fisheries,  Biver         


93 
..   91 

56 
..   90 

IS 

m 


•••f* 


i 


INDEX   TO  APPENDIXES.  19S 

PAGE. 

HIIIXS  Aim  MIULERS        68 

Grindinc:,  kiln-drying,  hulling,  bolting,  &c.,  tolls  for 68 

Penalty  for  not  keeping  scales,  weights,  &Cm  in  mill          69 

refusing  to  grind,  &c.,  grain.    Exception       69 

taking  illegal  toll          69 

Quantity  of  grain  ascertained  by  sealed  measure         69 

Scales  and  weights  to  be  kept  in  miU      69 

Steam-mill,  owner  of  may  in  certain  cases  refuse  to  grind,  &c 69 

Tolls  for  grinding  and  kiln-drying,  regulated      68 

hulling  barley  and  bolting  or  sifting  flour     68 

penalty  for  demanding  or  taking  illegal      69 

Miscellaneous  Provisions  op  B.  N.  A.  Act.    See'  British  North  America  Ad  151 

Morals  Public,  Offences  against.    See  Pu^/tc  Morals,  Offences  against       107 


N. 

Naturalization  OF  Aliens.    See  Aliens,  ^c 50 

IVATAI4  PROPERTY  46 

Actions  relating  to  naval  property  brought  and  defended  by  commissioners  for 

executing  office  of  lord  high  admiral  or  lord  high  admiral,  for 

time  being 48 

not  to  abate  on  death  or  resignation        48 

Commissioners,  conveyances,  ccmtracts,  &c.,  how  executed  by 47, 48 

may  recover  or  be  liable  for  costs 49 

sell,  lease,  &c.,  naval  property      48 

naval  property  vested  in 46,47 

title  01,  used  without  names 47,  48 

Nets.     See  Fisheries,  Eioer ^       82,83 

New  Glasgow.    See  Stipendiary  or  Police  Magistrates     94 

Nominations.  Ballot  at  Flections        21 

Election  of  Members  of  Assetnbly      7 

Notes  Promissoby.    See  BiUs  of  Exchangsj  8[c,        66 

Nova  Scotia,  legialation  of  altogether  inoperative 159 

as  to  elections  and  railroads  1 

unrepealed  by  Canada 43 

Nova  Scotia,  Provisions  of  Union  Act  specially  affecting.    See  British 

North  America  Act        128,  &c. 

O. 

Oath  OF  Allegiance.    See  Allegiance,  Oath  of 122 

British  North  America  Act  161 

Oaths.    See  Battot  at  Elections 19 

Election  of  Members  of  Asse7nbly  10,11,12,24,2a 

Independence  of  Assembly    22,23 

Insdvent  Debtors,  Relief  of        97 

Railroads 40 

Obstructing  Highway.    See  PvibUc  Peace,  Offences  against 109 

Offences  against  Public  Morals.    See  PubMc  Moi^alSjSfii,       107 

Peace.  Peace,  8fc 108 

Religion.    See  ReUaion,  ^c,  106 

Petty.    See  Petty  Of ences.  Trespasses,  8^c 100 


PAsaxNGBRB.    S&Q  RoHroods     39 

13 


194  INDEX  TO  AFFBin>IXE8. 

PAG] 

PATJBIVTS  FOR  IJSEFUI^  IIVTEMTIOIVS. t 

Actions  for  damages  for  infringement  of  patent         £ 

nature  of  defence  to,  evidence,  Ac i 

when  judgments  in,  to  be  for  defendants        $ 

Assignment  of  patent,  effect  and  registry  of        ^ 

Copies  of  letters  patent,  and  petitions,  how  obtained j 

Deience  to  action,  how  pleaded,  and  what  evidence  for     ^ 

Description  of  invention  to  be  filed  in  Provincial  Secretary's  office  before  issue 

of  patent         ^ 

Governor  in  ouncll  may  grant  letters  patent  on  petition,  to  whom  and  for 

how  long        t 

Improvement,  patentee  of  not  to  use  origihal  invention I 

what  not  to  be  deemed    t 

Invention,  action  for  illegal  use  of i 

description  and  model  of,  where  deposited       i 

patentee  of,  not  to  use  patented  improvement          t 

what  not  to  be  deemed           l 

Judgment,  when  for  defendant,  effect  of        S 

Letters  patent,  copies  of,  how  obtained i 

descriptions,  explanations,  and  models  deposited  in    P.  8.  office 

before  granting  of        € 

duration  of ^ 

for  improvement  not  to  authorize  use  of  original  invention; 

And  vice  versa fi 

how  and  to  whom  granted 8 

to  be  recorded  in  Provincial  Secretary's  office   S 

when  declared  void         9 

Models  and  explanations  to  be  deposited  in  Provincial  Secretary's  office S 

Patentee  may  assign  his  rights,  assignment  recorded         8i 

sue  person  illegally  using  invention     81 

Paupers  NOT  TO  Vote.    See  E^ctionof  Mefribers/Src ; 

Peace,  Offences  Against.    See  Pubhc  PeacCy  ^c 10 

Penalties.    See  Varums  Chapters. 

pe.%ite;nti.4ry.    4. 

Actions  under  chapter  where  and  when  brought  4, 

Convicts,  how  tried       , 4^ 

Dismissed  officers,  how  removed     4^ 

Imprisonment  under  chapter  regulated 4^ 

Keepers,  &c.,  protected  as  justices  of  the  peace 4^ 

Limitation  of  actions 4^ 

Officer  dismissed  and  not  quitting,  how  removed        4i 

Punishment  for  felony  under  chapter      4^ 

Register  of  prison,  evidence  of  its  contents,  on  trial 4,' 

Perjury.    See  iHvorce  and  Matrimonial,  ^c 9: 

PETTY  OFFEXCE8,  TRE1!$PA8»E8,  AWD  ASSAVT^TI^ IC 

Affidavit  necessary  upon  api)eal  from  sessions 101 

Animals,  form  of  writ  of  replevin  of       10: 

justice  to  grant  replevin  upon  security  10: 

have  jurisdiction  as  to  trespasses  by,  up  to  812 10c 

penalty  for  trespasses  by  certain      10: 

regulations  as  to  ti*espasses  by  certain 10: 

trials  of  replevin,  suite  as  to 10: 

Appeals  from  decisions  of  sessions 10) 

Assaults  and  batteries,  how  and  by  whom  tried,  penalties  for  &c lOJ 

Certificate  given  when  complaint  dismissed         lOJ 

where  given  no  further  criminal  proceediings lOJ 

Common,  penalty  for  damaging  or  defacing lOS 

Complaint,  costs  on  regulated 1(K 

how  and  when  dismissed       '     I(K 

Compliance  with  justices'  judgment  to  bar  further  crimlm^  ptpceedinga... Iflfl 

Conviction,  delivered  by  constable,  &c.,  to  jailer  in  case  of  imprisonment    1(M 

justices*,  form  of. ^    ;  101 

in  writing  furnished  to  constable,  &c...*. '....^  ICJ 

record  of fk 


INDEX   TO  APPENDIXES.  18S 

PAOS. 
BETTY  OFFEMCfiS,  TRG8PA1»8£1»,  SMS^—CoMktiMkfBieA. 

Crown  lands,  penalty  for  cutting  or  carrying  away  trees  on 102 

Enclosure  ciUtiyated,  penalty  for  trespass  on 102 

Fees,  none  allowed  to  justices  at  sessions 101 

of  officers  and  witnesses  same  as  in  any  other  criminal  cases        101 

Felonies,  trespasses,  and  larcenies,  certain,  how  tried 100 

Form  of  justices' conviction 104 

summons        104 

writ  of  replevin *         102 

Halifax  City,  portions  of  chapter  not  to  affect     101 

Imprisonment  in  default  of  pajrment  of  fines 108,104 

of  offenders  a^painst  section  20      103 

Incorporated  counties,  municipal  courts  to  act  in...., 101 

Informality,  Ac,  not  to  vitiate  proceedings 101 

Jail  limits,  &c.,  not  allowed  to  prisoners  under  section  20 103 

Jurisdiction  of  justices  as  to  certain  offences 103 

Justice,  one,  jurisdiction  of  as  to  certain  specified  offences  102 

trespasses  hy  animals 102 

to  grant  replevin  upon  security        102 

try  cause  as  in  case  of  ordinary  debt 102 

Justices,  two,  compliance  with  judgment  of  to  bar  further  criminal  proceedings  108 

conviction  by,  form  of,  record  of,  &c 104 

may  bind  parties  to  appear  in  supreme  court  108 

dismiss  complaint  and  give  certificate         103 

^ve  or  withhold  costs  103 

impose  fines  up  to  88.00 103 

issue  execution,  (fee 103 

try  and  punish  party  interfering  with  surveyor        104 

common  assaults  and  batteries        103 

record  of  conviction  by,  what  to  be       104 

summons  issued  by,  form  of  104 

Larcenies,  felonies  and  trespasses,  certain  how  tried    100 

Limitation  of  prosecutions         104 

Offences,  aggravated  or  serious,  referred  to  supreme  court        lOS 

under  sections  17, 18, 19  and  20,  jurisdiction  of  justices  as  to         1^ 

Penalties  for  assaults  and  batteries,  how  recovered  and  disposed  of       103 

imprisonment  to  enforce  103 

cuttingor  injuring  ornamental  trees;  exceptions 102 

defacing  or  injuring  commons  102 

injuring,  cutting,  or  carrying  away  treee  on  crown  lands  102 

interfering  with  surveyors 104 

trespassing  on  cultivated  enclosures        102 

violating  regulations  as  to  animals 102 

under  sections  19  and  20  to  be  cumulative  remedies 103 

Proceedings  after  arrest  and  before  trial ; 100 

and  process  under  chapter,  nature  of        101 

not  vitiated  by  informality 101 

Process,  writs,  &c„  nature  and  execution  of 101 

Prosecutions,  limitation  of         104 

Punishments,  what  may  be  inflicted  under  chapter     101 

Regulations  of  sessions  as  to  trespasses  by  animals  102 

penalty  for  violating 102 

Replevin,  form  of  writ  of  , .108 

granted  by  justice  upon  security    • 102 

suit  tried  as  case  of  ordinary  debt         ..' 102 

Section  20,  offenders  against  to  be  imprisoned,  hew  long         108 

Sections  19  and  20  not  to  affect  action  bv  parties 103 

Sessions,  a  general  or  special  of  not  less  than  five  justices  may  try  certain 

offences       100 

appeal  from  when  granted       101 

conviction  how  m&e  and  dealt  with  101 

fees  in  proceedings  before        101 

informidities  not  to  affect  proceedings  of 101 

not  to  have  jurisdiction  aa  a  court  in  City  of  .Halifiuc      101 


196  INDEX  TO   APPENDIXES. 

PA6I 

PETTY  OFFJBIVCES,  TlltE8P.488E8,  &c.— Continoe^ 

Sessions,  penalty  for  violating  regulations  of             IQl 

powers  of  exercised  by  municipality  courts  in  incorporated  counties..  10] 

proceedings  before  how  conducted 101 

process  of  how  executed          101 

special  how  summoned  for  a  trial 10( 

to  make  regulations  as  to  trespasses  by  cattle     lOc 

what  punisnments  to  be  inflicted  by            101 

Summons,  justices',  form  of       10! 

Surveyor,  penalty  for  interfering  with           10! 

Trees  on  crown  lands,  penalty  for  injuring  or  carrying  away  IOC 

ornamental,  on  roads,  &c.,  penalty  for  injurmg;  exception            lOB 

Trespasses  by  animals,  how  and  where  prosecuted  for        ^ 1ft 

regulations  of  sessions  as  to     10: 

felonies  and  larcenies,  certain,  bow  tried  10( 

Writs  and  process  under  chapter,  how  executed          10] 

Writ  of  re^evli,  f orm  of           lOC 

PlCTOV,  Sgq  Sttpendiary  or  Police  MaoistrateB 91 

FII^TAGE,  HARBORS,  AMR  HARBOR  1IEA8TER8. 6C 

Anchorage,  regulations  as  to  made  by  sessions 6( 

Antigonishe  tow  path,  how  repaired 61 

Appeal  from  regulations  of  sessions  to  Supreme  Court 61 

Ballast,  regulations  as  to  made  by  sessions 60 

Buoys  and  marks,  how  placed  and  maintained GO,  61 

Coasting  and  fishinj^  vessels  e'xempt  from  harbor  master's  fees        60 

Exemption  of  certain  vessels  at  Sydney  from  fees      62 

Halifax  county  from  certain  sections 6:2 

Fees  of  harbor  masters,  scale  of        62 

Governor  in  Council  to  appoint  harbor  master  for  Bridgeport  and  Spanish 

River 60 

Sydney fi3 

approve  reflations  of  sessions 61 

Halifax  county  exempted  from  certain  sections    02 

Harbor  masters  appointed  by  sessions nO 

at  Sydney,  appointment  and  jurisdiction  of 62 

continued  in  office  how  long tiO 

fees  of  fixed  by  sessions,  how     fiO 

regulate<l  by  Schedule  B Ci 

schedules  of 62 

fines  on,  how  imposed  and  recovered 01 

for  Bridgeport  and  Spanish  River  appointed  by  Govemjr  in 

Council    60 

to  enforce  regulations  as  to  buoys,  &c       61 

furnish  regulations  to  pilots,  &c f>2 

prosecute  violaters  of  regulations        ',1 

Penalties  for  breach  of  regulations  as  to  buoys,  cVc ''.I 

violating  regulations  as  to  anchorage  or  ballast »W 

of  Yarmouth  sessions 0:2 

Regulations  must  be  approved  by  Governor  in  Council       (U 

persons  violating  pix)secuted  by  harbor  masters     61 

Schedule  of  harbor  master's  fees 61* 

Sessions  may  impose  fines  on  harbor  masters 61 

not  to  establish  fees  for  river  between  counties    60 

of  St.  Mary's  and  Antigonishe,  how  to  provide  buoys,  &c 61 

Yarmouth  to  regulate  removal  of  sand,  Ac,  from  harbors  in  town- 
ship under  penalties 61 

regulations  of,  appeal  from  to  Supreme  Court       61 

furnished  to  pilots.  &c.,  by  harbor  masters        GS 

must  be  approved  by  Supreme  Court. 61 

to  appoint  harbor  masters *  00 

appropriate  fees  for  placing  and  repairing  buoys 61 

eHablish  rates  of  wharfage 69 

fix  harbor  master's  fees,  proviso ' 60 

make  regvilatvona  as  to  anchorage  and  ballast,  and  affix  p^aaltias   "  61 


INDEX  TO   APPENDIXES.  197 

PAGE. 

PII«OTAGE,  HAJiRORS,  &c»— Continued. 

Sessions  to  place  buoys  and  make  relations  as  to  the  same,  affix inp^  penalties.    00 

provide  for  re]>air  of  Antigonishe  tow  path  61 

Supreme  Court  to  relieve  from  regulations  in  certain  cases  61 

Sydney,  certain  vessels  not  to  pay  fees  at      62 

Governor  in  Council  to  appoint  harbor  master  for  62 

vessels  loading  at  not  to  i>ay  fees  at  North  Sydney 62 

Wharfage,  how  established  and  collected  60 

Yarmouth,  sessions  to  regulate  removal  of  sand,  Ac 61 

Plaxk.    See  InM&^uni  of  Provi9wiUf  Lumber,  ^c 73 

Pledge.    See  lavtors  and  A^eiUs  64,  6r» 

Police  CouBT.    See  Stipendtaty  or  PloUce  Magistrates  .', 94,95 

Division.  **  **  "  93 

Magistrates.       "  **  "  93 

Poll.    See  BaM,  at  EUctiom   

Election  of  Metnhers,  Sfc,  

•Potatoes.    See  Inspection  of  Provisions,  ^c 70,76 

Pbisoxbr.  Criminal  Justice,  8fc,  115 

Insolvent  D^ors,  Belief  of         96 

Promissory  Notes.    See  Bills  of  Ej change,  ^c 66 

Property  Naval.  Naval  Property  46 

Provinces,  Assets,  Debts,  Revenues,**c.,  of.    See  B.  N.  A,  Act     148,  Ac. 

Provincial  Constitutions.    See  B.  N,  A.  Act 137 

Penitentiary.  Penitentiary  45 

Secretary.  Copyright       87 

Patmts/t^c.  •    89 

Provisions,  Lumber,  Fuel,  Ac,  Re(}ULation  ant>  Inspection  of.    See  Inspec- 
tion of  Provisions,  Lumber,  ^c 69 

PUBLIC  9IORAI48,  OFFENCE8  AGAINHT  107 

Bawdy,  gambling  or  disorderly  house,  penalty  for  keeping      107 

trial  and  punishment  of  keeper  of    108 

when  and  by  whom  house  may  be  en- 
tered on  suspicion  of  being       108 

who  deemed  keeper  of        107 

Cursing  or  swearing,  penalty  for      108 

Drunkenness,  penalty  for  107 

Incest,  to  be  misdemeanor,  penalty  for  107 

JiLstices,  aldermen,  &c.,  may  enter  certain  hoases 108 

Keeper  of  improper  house,  how  tried  and  punished     108 

who  deemed  to  be       107 

I/)ttery  or  raffle,  penalty  for  taking  part  in 108 

Penalty,  for  drunkenness  107 

petting  up  or  taking  part  in  lotteries,  raffles,  &c 108 

incest         107 

keeping  gambling,  bawdy  or  disorderly  house       •  107 

improper  house,  how  inflicted,  Ac 108 

profane  cursing  or  swearing        108 

carrying  dangerous  weapons  109 

challenging  or  provoking  to  flght  109 

disorderly  conduct  in  streets  or  highways      109 

not  ceasing  to  obstruct  street  on  request 109 

obstnicting  street  or  sidewalk  109 

public  fighting  109 

throe  or  more  persons  unlawfully  assembling 108 

unlawful  ansemblage  damaging  church,  machinery,  &c 109 

using  improper  language  on  street,  &c.  109 

Q. 

Quakers  may  affirm.    See  Election  of  Members,  ^c  : 16 


198  IKBBX  TO  APPENDIXBS. 


R. 

PAGE. 

Raffles  AND  LoTTEBiES.    See  Public  Morals,  ^c,  10? 

liAIIAOAl^S ^ 

Alteration  of  courses  of  rivers,  roads,  &c 28 

Amendment  of  proceedings      ^ 

Amercement  by  supreme  court  in  default  of  assessment  34 

duties  of  prothonotary,  clerk  of  peace,  &c.,  on 34 

how  collected 34 

Amount  of  appraisement,  paid  in  instalments     33 

Animals  going  at  large  on  railway,  penalty  for  35 

penalty  for  driving,  &c.,  on  line  of  railway  36 

Appeal  from  appraisement  to  supreme  court 3i 

from  award      ^ 

to  supreme  court,  proceedings  on      32^ 

costs  of  38 

trial  of  by  jury     ^ 

Appointment  of  arbitrators       ^ 

Apportionment  of  damages  and  costs  33 

Appraisement,  amount  01  how  paid    •■  33 

appeal  from  to  supreme  court  32 

certificate  of ,  form  and  effect  of 33 

Apprehension  of  persons  misconducting  themselves  on  train  37 

Arbitrators,  award  of  how  made  '-^ 

how  appointed ^ 

feesoi        "^ 

Assessment  of  land  damages,  Ac '^'S 

on  county -^ 

Authority  from  commissioners  to  other  party  to  enter  lands,  effect  of   *-S 

Award  or  arbitrators    J^ 

amount  of,  how  and  when  recovered '^ 

paid  with  interest  ^ 

appeal  from  ^ 

filed  becomes  a  county  charge      ^ 

may  be  regarded  as  against  coimty      *^ 

Bonds  of  county  treasurers  and  collectors  35 

Booking  of  passengers,  rules  for      39 

Buildings  on  lands  taken,  compensation  for         *^ 

Canada  statutes,  chapter  not  to  conflict  with        ^ 

Certificate  of  appraisement,  form  and  effect  of  ^ 

Chapter  to  apply  to  sessional  districts  in  same  way  as  counties        39 

Clerk  of  peace,  duties  of  on  amercement        34 

to  post  notices  of  drawing  jury    

strike  jury  on  behalf  of  county      

Collectors  and  county  treasurers,  to  give  bonds    

Collection  of  amercement -^ 

damages 34 

Commissioners  and  contractors,  entry  of  on  lands  for  railway  purposes 25 

may  constnict  railway  works  over  lands,  roads,  &c ^ 

not  responsible  for  goods  injured ;  exception   39 

to  destroy  certain  trees    '^* 

railway  department  and  company  defined 40 

repaid  damages  by  county  ^ 

to  furnish  lists  of  claimants 30 

levy  and  regulate  tolls 38 

notify  proprietors  of  lands  of  entry  28 

Company,  &c.,  defined 40 

Compensation  for  buildings  on  lands  taken  for  railway  37 

paid  from  provincial  treasurj' IT 

to  be  a  county  charge        ^ 

to  collectors,  &c.,  fixed  by  sessions H 

Conflict  with  Canada  law,  &c.,  provided  against  H 

Construction  of  Tav\'w«;.Y'woiVft  ON  ^x  \'MA^,TVN^-t^^%xs. "* 


311 
30 
35 


INDEX  TO  APPENDIXES.  199 

PAQB. 
RAII«ROA]MI— Contliiaed. 

Cost  of  fencing;  how  provided  and  paid  for 35 

Costs  of  appeal            x        33 

County  charge,  compensation  for  buildings  to  be  a    27 

divided  into  sessional  di^icts    39 

to  repay  damages  to  commissioners,  &c.         29 

Courses  of  rivers,  canals,  streets,  Ac,  altered        28 

Damage  to  carriages,  |>enalty  for  causing       39 

Damages  and  costs,  api>ortioned  and  assessed      33 

a  county  charge    29 

when  award  filed          29 

how  assessed  and  collected             33 

on  county            29 

may  be  regarded  as  against  county             29 

repaid  to  commissioners  or  contractors 29 

to  lands,  determined  by  arbitration 28 

when  and  bow  paid    *. 29 

Dan^rous  goods  to  be  marked,  under  penalty            37 

Deficiency  of  amounts  paid  provided  for 35 

Definition  of  terms      ^       40 

Disagreement  of  jury  .#. 31 

Drains  through  lands  adjoining  railway        28 

Driving,  &c.,  on  railway  line,  penalty  for             36 

Duties  of  Prothonotary ,  and  other  officers,  on  amercement       34 

Entry  on  lands,  how  authorized  by  contractors,  (fee.           29 

Fees  of 'arbitrators              29 

jurors  and  county  officers           32 

Fences,  penalty  for  injuring             36 

Fencing,  how  provided  and  paid  for       35 

Forest  land,  quantity  of  to  be  taken  for  track,  &c 27 

Form  of  certificate  of  appraisement       41 

oath  of  railway  jurors         40 

rewfrc  for  railway  jury 40 

Freight,  penaltv  for  misrepresentation  as  to 38 

Gat^,  penalty  for  leaving  oi)en 36 

Goods,  dangerous,  i^enalty  for  not  marking 37 

owners  of  to  protect  from  fire,  &c.             89 

Imprisonment  in  default  of  payment             39 

Interpretation  of  terms 40 

Judge.    See  Supreme  CouHj  in  this  Chanter. 

Junctions  and  termini,  quantity  of  land  taken  for     27 

Juror,  oath  of,  form  of 40 

penalty  on,  making  default    32 

Jury,  railway,  attended  by  witnesses,  &c.             32 

disagreeing  or  reduced  below  five          31 

how  drawn 30 

struck    30 

where  same  person  is  prothonotaiy  and  clerk  of  peace  30 

summoned  by  sheriff        31 

sworn                          31 

notice  of  drawing  of 30 

ordered  by  supreme  court 82 

proceedings  of  on  appraisement            81 

regulations  regarding  striking  of   80 

to  have  access  to  offices,  plans,  &c 32 

Landlord  to  repay  damages  paid  by  tenant           % 34 

Lands  and  fencing,  cost  of,  a  county  charge 29 

howa-ssessed 29 

damages  to,  determined  by  arbitration             28 

drains  through  from  railway        28 

how  entered  upon  and  used  for  railway  purposes           28 

proprietors  of  notified  of  entry 28 

required  for  track,  stations,  &c.,  how  taken      27 

Lists  of  claimants  furnished  by  commissioners 30 


200  INDEX   TO   APPENDIXES. 


RAII^ROADS-Conttniied. 

Marks  on  dangerous  goods,  penalty  for  omitting 

Misconduct  on  trains,  penalty  for  

persons'guilty  of  on  trains,  apprehended. 

Misrepresentation  as  to  freight  on  railway         '  

Moneys  paid  for  lands  and  tencing,  a  county  charge  . 


Notice  01  drawing  of  railway  jurv 

entry,  to  proprietors  of  lands 

Oath  of  jurors,  form  of.. 

Obstructing  working  of  railway,  penalty  for. 

Obstruction  of  works  on  railway,  penal^  for       

Officers  or  servants  of  commissioners,  p^ialty  for  obstructing 

pay  of  to  be  county  char^^e 

fixed  by  sessions 

J  penalties  on  for  not  performing  duties  on  amercement        
ing  carriages,  penalty  for    

Owners  of  goods  to  bear  loss,  unless  under  special  agreement 

Passengers,  rules  for  booking  of       

Penalty  for  allowing  animals  to  stray  on  railway 

driving,  &c.,  animals  on  railway. «       

imi)edmg  officers,  &c.,  of  commi9sioners 

injuring  fences  or  regulations      

iuror  making  default 

leaving  gatos  open 

misconduct  in  trains 

misrepresentation  as  to  tolls  payable 

non-payment  of  tolls ". 

not  marking  dangerous  goods      

obstructing  contractors  or  workmen 

overloading  carriages  or  obstructing  workmen        

stealing  or  injuring  railway  property 

trespasses  to  railway  property     

trespassing  on  railwajr 

on  county  officer  not  doing  duty  on  amercement 

pa«4senger  for  misconduct      

Persons  convicted  imi^risoned  for  want  of  money       

Proceedings,  how  amended        

if  jury  reduced  below  five 

in  name  of  Queen 

of  reduced  jury 

on  appeal  to  Supreme  Court 

Proi^erty,  railway,  penalty,  tra'jpass,  theft,  or  injury'  to 

Proprietors  of  lands,  coiui)ensation  to     

may  consider  awards  as  against  county     

notified  of  entry     

Prothonotary,  duties  of  as  to  railway  damages 

on  amercement 

Queen,  proceedings  under  chapter  to  be  in  name  of    

Railway  works  constructed  over  lands,  streets,  &c 

Recovery  of  amount  of  award 

Refusal  to  pay  fare,  penalty  for 

tolla,    "  "  

Regulations  f  8  to  tolls 

railway,  penalty  for  defacing      

regarding  striking  of  jur>^ 

Sessional  district  regarded  as  county 

Sessions  failing  to  assess,  Suj)reme  Court  may  amerce        

to  assess  damages 

for  deficiency 

fix  comj^ensation  to  collectors,  &c 

Sheriff  to  file  venire,  panel,  appraisement,  and  return  with  clerk  of  peace 

summon  jury       .... 

Statutes  of  Canada,  &c.,  not  contravened  by  chapter 

Supreme  Court  to  ameice  lox  ^<i^c\ctycrs . 


••• «•* 


INDEX   TO   APPENDIXES.  201 

PAGE. 

mAII^ROADS— Continiied. 

Supreme  court  to  amerce  if  sessions  fail  to  888668 34 

may  order  petit  jury 32 

powers  of  on  appeal        32 

Tenant  paying  damages  to  recover  from  landlord        84 

Terms,  interpretation  of 40 

Theft  of  railway  property,  how  pimished      37 

Tolls,  how  levied  by  commissioners 38 

recoverable  if  not  paid    38 

to  whom  paid     88 

Track,  stations,  &c.,  land  for,  how  taken       27 

much  to  be  taken  for 27 

Trains,  penalty  and  apprehension  for  misconduct  on 86,37 

Treasurers  and  collectors,  bonds  of         36 

county  to  pay  moneys  to  Provincial  Treasurer 35 

Trees,  what  not  to  be  cut  or  carried  away 29 

Trespass  on  railway,  penalty  for      36 

to  railway  property,  penalty  for 37 

Trial  of  appeal  by  jury        32 

Venire  for  railway  jury,  form  of. 40 

Witnesses  to  attend  jury,  Ac 32 

Railway,  Intehcolonial.    ^^  British  North  America  Act 164 

Real  Estate.    See  Aliens,  PrMeffea  of 60 

Receiver  General.    See  Criminal  Justice,  &c 116,117 

Refining  OF  Sugar.    See  Sugar,  R^ium  of   123 

Register  OF  Electors.    See  Eledum  of  Members    6,24 

Registry  OF  Ships.    See  Ships,  Begistry  of      6J> 

Regulation  of  Provisions,  Lumber,  Fuel,  Ac.    See  Inspectwn  of  Provisions,  ^c.    69 

Regulations.    See  Bailroads 27 

Relief  OF  Insolvent  Debtors.    See  Insolvent  Debtors,  ^c 96 

R1:E.IGI0W,  OFFEMCSS  AGAIKST. 106 

Arrest  and  punishment  of  offenders  ifainst  section  4 107 

Penalty  for  desecration  of  the  Lord's  day      106 

interfering  with  horsesorvehiclcs  in  vicinity  of  certain  meetings  107 

Replevin.    See  Pdty  Offences,  Trespasses,  S^c 102 

Revenue  of  Canada  and  Provinces.    See  British  North  America  Act 148, 160 

Revised  Statutes,  Third  Series,  Chapters  altogether  inoperative      161 

and  parts  of  chapters  unrepealed         46 

Revisors.    See  Election  of  Members  of  Assembly 3  8qq,  24 

River  Fisheries.    See  Fisheries,  Biver        81 

Rivers.    See  FisherieSy  Biver    81,82,84 

S. 

0ABI.E  ANB  SAIMT  PAUI.*8  UI.ANBS 46 

Justices  of  peace,  powers  of  exercised  by  superintendents  and  resident  keepers    46 

Sable  Island  within  Halifax  County  46 

Saint  Paul's  Island  within  Victoria         46 

Saint  Paui/s  Island.    See  Sable  and  Saint  PauTs  Islands        46 

Salmon.    See  Fisheries  Biver 81,82,83 

Salt  AND  coal.    See  Inspection  of  Provisions,  ^c 71 

Schedule.    See  Insolvent  Debtors,  Belief  of 96,97 

Sea  Fisheries.    See  Fisheries,  Coast  am  Deep  Sea    77 

Seamen.    See  Shipping  and  Seamen 60,122 

Senate  of  Canada.    See  British  N  A.  Act 130 

Sessions.    See  Fisheries,  Biver 82,84 

Insolvent  Debtors,  Belief  of    99 

Inspection  of  Provisions,  ^c 76 

PiAy  Offences,  Tremasses,  ^e 100, 101, 102 

Pilotage,  Haroors,  q:c 60 

Bailroads     84,85 

Stipendiary  or  Police  Magistrates SK^^ii^^** 


202  INDEX  TO   APPSNDIXB8« 

PAGE. 

Shebiff.    S&&  BaUot  at  Elections 18»20,21 

Election  of  Members,  ^ 6,sqQ 

Shipping  and  Seamen        56 

Shingles.        Instiectton  of  Pramions,  S^c 73 

SHIPPIMe  AlVB  SEAIIIEIW        50 

ActionB  for  penalties,  power  of  courts  in, — ^limitation  of   56 

Agreement,  form  of  57,58 

Articles  shipping,  contents  and  attestation  of        M 

copy  of,  when  deposited  in  customs             51 

fine  for  shipping  seamen  without,  &C.    51 

forfeiture  when  for  voyage 52 

form  of  57,58 

in  what  cases  necessary     50 

not  to  takeaway  seaman's  lien  for  wag[e8,&c«       51 

seaman  signing  and  absenting  or  misconducting  himself, 

penalty  for 52 

not  going  to  sea,  how  dealt  with  51 

surety  liable  for  advance  and  expenses 51 

signing,  how  liable  under     52 

Assi^ment,  Ac.,  of  wages  prior  to  earning  thereof  invalid           54 

Certificate  from  naval  officer  to  master  on  seaman's  enlistment               56 

master  must  prove  foreijEH^i  on  trial      55 

penalty  on  master  refusmg  to  seaman        54 

required  by  master  discharging  or  leaving  seamen  abroad            55 

seamen  entitled  to  on  discharge    54 

Ck>a6tinjg  vessels  not  affected  by  chapter 56 

Collection  of  wages  under  eighty  dollars      54 

Costs  not  allow^  in  vice-admiralty  when  cause  could  be  tried  under  chapter  55 

Debts  due  by  seamen,  when  and  how  recoverable        53 

Des^ion,  joining  navy  not  to  be 56 

nature  and  effect  of         ^ 53 

Discharge  of  seamen  abroad,  how  authoriKd       55 

seamen  entitled  t()  certificate  on    M 

Forfeitures,  by  master  or  owner  for  non-payment  of  wages             54 

seamen,  how  incurred  and  enforced    5i 

computed  and  paid  where  agreement  is  for  voyage 

or  run             52 

for  seamen  deserting     53 

Form  of  shipping  articles  57,58 

Imi^risoned  seamen,  how  and  when  taken  on  board  ship           53 

Jurisdiction  of  stipendiary  magistrates 55 

Jury,  when  allowed  in  trials  under  chapter 55 

Limitation  of  actions  for,  and  reduction  of  i)enalties        5<} 

Master,  duties  as  to  articles 50 

penalty  on  for  shipping  seamen  without  articles,  or  for  not  depositing 

copy         51 

Medical  attendance,  &c.,  on  seaman  charged  to  vessel,  if  medicine  is  not  kept 

on  board        55 

Merchant  shipping  act  1854,  how  applied  to  registrar  of  shipping  at  Halifax  5»> 

Naval  service,  entry  into  not  to  be  desertion '^'* 

seamen's  right  to  wages  and  effects  on  entering 56 

Penalties,  for  harboring  and  secreting  seamen      53 

not  paying  wages  to  seamen  going  to  sea  again M 

reduction  of  and  limitation  of  actions  for           56 

Process  under  chapter  directed  to  sheriff        56 

Registrar  of  shipping  at  Halifax,  N.  S.  Act  1854,  how  to  apply  to 56 

Seamen,  certain  rights  of  not  affected  by  articles       51 

debts  due  by  when  and  how  recoverable 58 

deserting  how  punished      63 

detention  of  effects  of,  how  dealt  with 53 

entitled  to  certificates  on  discharge ....         •  •  • .         .  •  •  •         ....  54 

forfeitures  by  how  computed  and  paid           82 

incurred  by,  for  absence,  Ac "^ 

how  diacYiaigft^  ox  WX.  «^Bto«A 


nVDSX  TO  ikPFEKDIXZS.  9M 

PAOB. 
8inPPIIV«  ANI^  SEAIHEM— C^ntiiiiied. 

Seamen,  imprisoned,  may  be  put  on  board  ship    53 

medical  services  to,  when  charged  to  yessel 55 

not  joining  ship,  how  proceeded  against 51 

penalty  for  haiboring  or  secreting   58 

right  of  to  wages  and  effects  on  entering  navy    56 

sureties  for  how  liable        51 

wages  of  when  and  how  recoverable       53 

Sheriff ,  process  under  chapter  directed  to      56 

Stipendiary  magistrates,  jurisdiction  of 56 

Surety  for  seaman  liable  for  advance  and  expenses      51 

mode  and  effect  of  execution  of  articles  by             52 

Trial,  master  must  prove  certificate  of  discharge  on    55 

of  cause  under  chapter,  jury  how  allowcS  in             ^ 55 

Vice-admiralty  not  to  allow  costs  where  cause  could  be  disposed  of  by  justices  55 

Wages  seaman's,  how  collected  when  under  eighty  dollars              54 

and  when  recoverable 53 

recovered  where  seaman  about  to  proceed  to  sea  again  ...  54 

payment  bf  valid,  notwithstanding  previous  assignment...  54 
smPPIlWe  ANB  SEAJIEEIV ;    Chapter  5,  of  Acts  of  1965,  re- 

Sardlns        122 

Deserting  seamen,  x)enalties  for  aiding  or  harboring  122 

Inconsistent  law  repealed           122 

Penalties,  by  whom  and  how  recoverable       122 

SHIPS,  REGISTRY  OF      59 

Appointment  and  pay  of  registrars 50 

duties  and  pay  of  surveyors             59 

Certificate,  endorsement  of  change  of  master  on          59 

new  how  granted  on  loss  or  destruction 59 

Collector  to  endorse  change  of  master  on  certificate    59 

Fees  of  surveyors,  how  cfdculated           59 

Merchant  Shipping  Act  1854,  portions  of  inconsistent  with  chapter  repealed  59 

Registrars  appointed  by  Governor  in  Council       69 

Salaries  and  fees  of  registrars  and  surveyors 59 

Surveyors  appointed  by  Governor  in  Council,  duties,  &c 59 

Staves  AND  Bricks.    Bee  Inspedion  of  Ptrmgioru,  ^c,     76 

Steam  Mills.    See  Mills  and  Meiers           69 

Stipendiary  Magistrates.    See  Shipping  and  Seamen  55 

STIPEIVBIARY  OR  POI.ICE  IHAeiSTRATES 93 

Actions  limited 95 

Appeals  in  Pictou  granted  only  under  section  17 96 

same  as  from  judgments  of  justices  of  the  peace         96 

Appointment,  duties,  powers,  &c.,  01  constables   95 

stix)endiary  magistrates  94 

Arrest,  remand  and  bail  of  parties           95 

Bail  to  be  taken     95 

Civil  jurisdiction  of  stipendiary  magistrates        96 

Clerk  of  peace  te  advertise  report  of  committee          93. 

give  notice  of  confirmation        94 

make  out  collector's  roll  for  division             95 

summon  justices  to  meet  in  division,  &c 9^ 

Commitment  by  police  court            95 

warrant  of  not  void  for  defect         96 

Committee  of  sessions  on  petition  for  police  division 98 

report  of  how  approved         94 

to  assign  limits  and  name  to  division        98 

Confirmation  of  report  and  creation  of  division  after  notice            94 

Constables,  all  persons  to  assist  under  penalty             ,....  95 

appointment,  powers  and  duties  of     96 

salaries  of  how  provided 95 

CJonviction,  &c.,  not  quashed  for  want  of  form     96 

Criminal  jurisdiction  of  stipendiary  magistrates         94 

Fees  for  services  under  chapter 96 

Form,  want  of  not  to  avoid  conviction  or  process       ^*> 


204  INDEX  TO  APPENDIXES. 

PAGE. 

STIPEMBIARY  OR  POI^IC^E  MAGISTRATES— Continiied. 

Jurisdiction  of  stipendiary  justices,  ciyil W 

criminal 96 

Jury  allowed  in  cases  of  larceny              94 

Larcenies,  two  justices  to  tiy  with  stipendiary  magistrate       94 

Limitation  of  prosecutions         95 

Meeting  of  j  ustices  to  appoint  stipendiary  magistrates             94 

New  Glasgow,  notice  not  requirea  for    94 

Notice  of  confirmation  of  report,  how  given 94 

report  advertised  by  clerk  of  peace        93 

not  required  for  Truro  or  New  Glasgow           91 

Penalties,  for  not  aiding  constables         95 

what  inflicted  by  magistrates,  &c 94 

Pictou,  section  17  to  apply  to  police  court  of       96 

Police  court,  powers  ot  as  to  penalties,  &c 94 

process  of  how  signed         95 

to  take  recognizances  for  sessions  or  supreme  court  or  imprison  95 

Police  division,  how  created     94 

limits  and  name  of  assigned  by  committee      93 

meeting  of  justices  in    94 

petition  for  creation  of  submitted  to  committee  of  sessions  93 

salaries  collected  from 95 

sessions  to  make  regulations  for         96 

stipendiary  magistrate  for  how  appointed 94 

Power  of  stipendiary  magistrates,  to  punish,  Ac 94 

Process  signed  by  magistrates   95 

Recognizances  taken  by  sti{)endiary  magistrates         95 

Begiuations  for  police  division  made  by  sessions 96 

Bemand  and  bail  of  parties 95 

Beport  of  committee,  advertised  by  clerk  of  peace             93 

how  approved 94 

Salaries  of  magistrates  and  constables  how  provided  and  collected 95 

Sessions  may  appoint  committee  to  report  on  petition  for  creation  of  police 

division 93 

te  confirm  report  of  committee 94 

make  regulations  for  police  division          96 

Stipendiary  magistrates,  appeals  from  regulated 96 

appointed  at  meeting  of  justices  in  division    94 

duties  and  powers  of     ^ 

powers  of  as  to  fines,  &c,       94 

provisions  where  only  one  appointed        ^ 

salaries  of  how  fixed  and  collected     95 

to  apix)int  and  dismiss  constables             95 

have  jurisdiction  of  two  justices  in  civil  matters  96 

Truro,  notice  of  report  not  required  for 94 

Warrant,  &c.,  not  held  void  for  defect           95 

SUGAR,  REFIMIMG  OF       12^ 

Sugar  may  be  refined  in  bond,  how  and  by  whom       123 

Sugar,  Tare  ON.    See  Inspectton  of  Provisian^f  Lumberj  ^c 7ft 

Sunday,  Desecration  of.    See  J^eligwriy  Offences  against 106 

Seie  Fisheries^  River             ^- 

SUPREIVIE  COURT  A^D  ITN  OFFICERS    9l) 

Clerk  of  crown,  to  send  calendar  of  criminal  causes,  depositions  and  names  of 

witnesses  to  grand  jury  in  each  term 9(» 

Indictments,  when  made  out            90 

Supreme  Court.    See  Cnminal  Jufttice,  8cc 1 1 5, 119 

RaUroads  32.54,85 

Surveyors  OP  SuippiNQ.    See  Ships,  Registty  of      59 

Swearing,  Profane.                 Public  Morals,  Offences  against       108 

Sydney.    See  PHotage,  Harbors  and  Harbor  Mastmrs 61,© 


INDEX  TO  APPENDIXES.  205 


T. 


PAGE. 

Taxation  by  Canada  and  Provinces.    See  B.  N,  A.  Act  143, 144, 147, 160 

TKI^EGRAPH  FOR  IIIII.ITAR Y  PI  RPOSE8. 49 

Building  of  line  of  telegraph  for  military  purposes  authorized 49 

Liabilities  and  protection  of  the  Nova  Scotia  Electric  Telegraph  Company  ex- 
tended to  Military  Telegraph 49 

Line,  how  built 49 

not  to  interfere  with  line  of  N.  S.  K.  T.  Co.  or  travel       48 

used  only  for  imperial  and  military  purposes 50 

Privileges  of 'X.  8.  E.  T.  Co.  given  to  Queen 49 

Queen  or  her  oflicor  may  cause  line  to  be  built     49 

Third  Series  of  the  Revised  Statutes,  chapters  and  parts  of  chapters  unrepealed 45 

wholly  repealed       161 

enactments  not  forming  part  of    1 21 

Timber,    ^q  Inspection  of  ProviawMy  8^c 73 

Tolls.    See  iiatlroads 38 

Traps.  Fisheries,  River 82 

TreasuAer,  County.    See  County  Treasurer 

Treasury  Notes.    See  Ctirrcwcy. 67 

Trespasses.    See  Petty  Offences^  Trespasses,  8^c 100, 102 

BaUroads.... .36,37 

Trltio.    See  Stipendiary  or  Police  Moffistrates 94 


U. 

Union  of  Canada,  Nova  Scotia,  and  New  Brunswick.    See  B.  K  A.  Act 128 

Unlaw^ful  Assemblies.    See  Ihiblic  Peace,  i^c 108 

Useful  Inventions.    Patents  for  Useful  Inventions 88 


V. 

i 

Vessels.    See  FisherieSy  Coast  and  Deep  Sea 77,78,79 

Pilotage,  Harbors,  ic 60,62 

Shipping  and  Seamen       50,800* 

Shtps,  Registry  of     o9 

Vote  BY  Ballot.    See  Ballot  at  Elections 18 

Voters.    See  Election  of  Members 3,24 

who  cannot  be.    See  Independence  of  Assembly    22 


W. 

Wages,  Seamen's.    See  Shipping  and  Seamen      53,54 

Warrant.  CrtminalJustice,  8f^c,  118 

Enlistment,  Illeaal  106 

Stipendiary  or  Police  Magistrates         95 

Waste  Gate.  •  Fisheries,  Biver 83 

Weapons,  Dangerous.    See  Public  Peace,  ^c,  109 

Wharfage.    See  Pilotage,  Harbors,  ^c .• 60 

Wife  AND  Husband.    ^  Divorce  and  Matrimonial,  ^c,  92 

Witnesses.    See  CriminalJustice,  ^c 116>  118, 119 

Divorce  and  Matrimonial,  i^c.  92 

Insolvent  Debtors,  Belief  of       99 

BaUroads  32 

WoBCMENy  Combinations  of.    See  CombinatiaM  of  Worhmm,      «..« ^^^ 


206  nn>Bx  to  appbniuxsb. 

PiOB. 

Writs,  Election.    %&b  Elation  of  Memben^  f^c,       7 

Y. 

Yarmouth.    See  JRiZoto^,  JSTorion,  4*0. ^>l 


ADDENDA 


TO  THE 


REYISED   STATUTES. 


At  the  General  Assembly  of  the  Province  of  Nova  Scotia 
bcgim  and  holden  at  Halifax,  on  Thursday,  the  12th  day 
of  March,  1874,  in  the  thii-ty-seventh  year  of  the  reign  of 
our  Sovereign  Lady  Victoria,  by  the  Grace  of  God,  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  Queen, 
Defender  of  the  Faith,  &c.,  &c.,  &c,  being  the  third  session 
of  the  twenty-fifth  General  Assembly,  convened  in  the 
.said  Province.* 

*In  the  time  of  His  Honor  the  Honorable  Adams  G.  Archibald,  Memlter  of  the  Privy 
Council  of  Canada,  <:ompanion  of  the  MoiA  Distinguishoil  Order  of  8t  3iichacl  and  8t. 
(teorKe.  Lieutenant  Governor :  Stayley  Brown,  President  of  the  Leffislativc  Council ; 
JaredC.  Troop,  Speaker  of  the  Assembly;  WiUiam  B.  Vail,  Provincial  Secretary ;  and 
Henry  C.  D.  TBliiinij^.  Cleric  of  Assembly. 


CHAPTER   ]. 

An  Act  respecting  the  Fourth  Series  of  the  Revised 

Statutes. 


Section. 


(Passed  the  7th  day  of  May,  a.d.,  1874.) 

SECTION. 


1.    Chapter  bU  of  the  Revised  Statutes 
ameudeil. 
Api>ointment  of  Commissioncra  of 
Supreme  Court 


Powers  of  Commissioners. 

2.  Re\i8ed  Statutes  conflrmed. 

3.  How  cited. 

4.  Inconsiatent  law  repealed. 


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

1.  Chai)ter  89,  of  the  Revised  Statutes,  Fourth  Series,  "  Of  ^^^^^^j,  g^  „f 
the  Supreme  Court  and  its  Officers,"  is  amended  by  adding  thokevued" 
thereto  the  two  following  sections :  ^  T"""^  ""'"'*' 

"  21.    The  Commissioners  for  taking  affidavits  to  hold  to  Appotntment  of 
bail  and  recognizances  of  bail  in  the  several  counties,  shall  o?s^S^'" 
be  appointed  by  the  Governor  in  Council."  ^^^ 

"  22.    Such  Commissioners  shall  have  authority  to  allow  rowers  of  com« 
writs  of  certiorari,  and  also  to  take  affidavits  in  causes  de-  aiwionora. 
pending  in  Court,  and  affidavits  for  holding  to  bail,  and  on 
which  to  found  writs  of  attachment,  and  of  summons  against 
absent  or  absconding  debtors,  and  specially  to  endorse  writs 
in  manner  as  practised  ])y  Judges  of  the  Supreme  Court,  and 
.subject  to  the  same  rules.    They  shall  have  the  same  ix)wer 
as  the  Judges  in  relation  to  the  rendering  by  bail  o{  ^Xi^vc 
principal;  and  they  shall  ako  have  power  to  t^e  ^e  e^^uB^xsAr 
nation  of  wltaessea  aged,  infinn,  or  about  to  leavQ  \S^%  ^to- 
viDc^  and  to  administer  oaths  to  such  witaeaa^' 


2 


37  Vic. 


AbDjeNbA.  • 


l87i 


Revised  Statutes 
conflrmeiL 


How  cited. 


Inconstotent  law 
peale<L 


2.  Subject  to  the  alterations  and  amendments  made 
therein  by  this  Act  and  other  Acts  passed  during  the  pres- 
ent session  of  the  Legislature,  the  Kevised  Statutes,  Fonrth 
Series,  and  every  matter  and  thin^  therein  contained,  are 
hereby  confirmed  and  declared  to  be  legal  and  valid,  not- 
withstanding that  the  same  may  not  have  been  ammged, 
prepared  for  the  press,  or  published,  in  exact  confonnity'wijtli 
the  provisions  of  Chapter  One,  of  the  Acts  of  1873,  entitled, 
"  An  Act  to  provide  for  the  Publication  of  the  Consolidated 
Statutes,"  and  notwithstanding  any  additions,  omisaions  or 
alterations  made  in  such  Revised  Statutes  by  the  persons 
preparing  the  same  for  publication. 

3.  In  citing  or  referring  to  the  Revised  Statutes,  Fourfb 
Series,  it  shall  be  sufficient  to  do  so  by  the  title  of  the  Re- 
vised Statutes. 

4.  So  much  of  the  existing  law  as  is  inconsistent  Tritb 
this  Act  is  repealed. 


CHAPTER  2. 

An  Act  further  to   secure  the  Independence  of  the 

Legislature. 


(Passed  the  7th day  of  May,  a.d.,  1874.) 


Section. 


1. 


o 


Member  of  Legislature  becoming 
candidate  to  vacate  his  seat. 

Tenalty  for  such  jtenon  sitting  or 
voting. 

How  recovered. 


SECTION. 


Persons  found  guilty  of  cormpt 
practices  at  election  for  Home  d 
Commons,  incai>able  of  sittiBf  la 
Legislature  for  five  years. 


Be  it  enacted  by  the  Governor,  Council  and  Assembly,  as 

follows : 
liiember  of  !•    If  anj  member  of  the  Legislative  Council  or  House 

w^Bg  wmdi^'  of  Assembly  of  this  Province  shall  cause,  suffer  or  permit 
date  for  House  himself  to  be  nominated  as  a  candidate  for  the  represenU- 
vacate'his^Mat   tiou  of  any  electoral  district  in  the  House   of  Commons  of 

Canada  at  any  election  of  members  to  serve  in   such  Hooie 

of  Commons,  he  shall  thereby  vacate  his  seat,  and  shall  lie 
'  incapable  of  sitting  or  voting  in  the  Legislative   Couim3  or 

House  of  Assembly,  as  the  case  may  be,  unless  he  shdl  b 

thereafter  re-appointed  to  such  Legislative   Council  or  ft* 

elected  to  such  House  of  Assembly, 
Penalty  for  2,    If  any  person  who  by  this  Act  is  made   incapaUa  if  J 

iittingJ^^Sting  sitting  or  voting  in  the  Legislative  Council  ocHouae  rfjfea 

aemibVy  dio^Tk.'e^^^T^SKi'^^'ea.^hile  so  incapable^  so  »*  -i^MiM 


1874. 


ADDENDA. 


37  Vio. 


he  so  sits  or  votes;  aiul  sucli  sum  may  be  recovered  from  Iiim  U"w  lecovemi. 
by  any  person  who  will  sue  for  the  same,  by  any  action  in 
any  foiin  allowed  by  the  law  of  proce<liire  in  this  Province. 

3.    Any  member  returned  to  the  House  of  Commons  of  ^™'"  '^""eLr. 
Canada,  or  any  candidate  at  any  election  of  a  member  or  ruptDracucon  at 
members  for  such  House  of  Commons  who  has  not  been  re-  House^o/T'om- 
tumed,  who  is  found  guilty  before  the  proper  tribunal  of  S**^ttin?^i«*** 
any  offence  against  the  eighteenth  section  of  Chapter  27,  of  LcRUiature  for 
the  Statutes  of  Canada  for  the  year  1873,  entitlefl,  "An  Act   ^^^^^^' 
to  make  Temporary  Provision  for  the  Election  of  Members 
to  serve  in  the  House  of  Commons,"  or  against  any  other 
existing  or  future  enactment  of  the  Parliament  of  Canada 
for  the  prevention  of  corrupt  practices  at  elections  of  mem- 
})ers  of  such  House  of  Commons,  shall  be  incapable  of  l)eing 
a  candidate  for  or  of  being  elected  or  returned  to  the  House 
of  Assembly  or  of  being  appointed  to  the  Legislative  Coun- 
cil for  five  years  next  after  the  commission  of  such  offence. 


CHAPTER  3. 

An  Act  declaratory  of  Chapter  28,  of  the  Acts  of  1863, 

regulating  the  Election  of  Members  to  serve  in 

the  General  Assembly,  and  to  Repeal  Chap^ 

ter  14,  of  the  Acts  of  1872. 

(Faased  the  7th  day  of  May,  a^d.,  1874.) 


SECTION. 

1.  Names  of  certain  penons  may  be 
added  to  or  ttruck  off  reyiaors'  liata 
under  section  21  of  Chapter  S8. 
18Ca 


Section. 
2.    Chapter  U,  1872,  repealed. 


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

1.    The  persons  whose  names  may  be  added  to  the  lists  of  ^^^^^^^l^ 
electors  under  the  twenty-first  section  of  Chapter  28  of  the  SSSS'to'or  ^  * 
Acts  of  1863,  entitled,  "  An  Act  to  regulate  the  Election  of  SS^'Jute  iS2?; 
Members  to  serve  in  the  General  Assembly,"  are  hereby  de-  JhS^t^p^fisca. 
clared  to  include  persoas  who  are  possessed  of  the  qualifica- 
tion to  entitle  them  to  vote,  mentioned  in  the  first  section  of 
such  Act,  although  they  shall  not  have  been  assessed  for  the 
requisite  amount^  or  shall  not  have  been  named  in  the 
assessment  rolls ;  and  the  persons  whose  names  are  to  be 
struck  off  such  lists  Are  hereby  declared  to  iiwluA^  mx^oi^ 
who  Are  not  poaaeaaed  of  such  qualification,  ^\hox]^  Wv^vc 
fuun^  are  mentioned  in  the  assessment  toQa  a^  a»R^»^  ^^^ 


6  37  Vic.  ADDENDA.  1874. 

or  uionumeiits  rec^uired  by  this  Act.  Sucli  survey  shall  be 
made  by  a  sworn  surveyor,  who8e  appointment  shall  he 
sanctioned  by  the  Commissioner ;  and  such  surveyor  shall 
make  a  return  of  such  survey  with  an  accurate  plan  thereof 
to  the  Commissioner. 
Altar  lortyOays.  4.  If  within  forty  days  after  such  i*etum  has  been  made 
bo^dariM  ton-  y^^  ^j^^  survcyor  to  the  Commissioner,  no  complaint  be  made 

to  the  Commissioner  that  the  boundary  lines  of  the  area  as 
so  defined  are  not  in  accordance  with  tiie  lines  as  originallv 
defined,  the  boundary  lines  of  the  area  as  so  defined  by  the 
surveyor  shall,  as  between  the  lessees,  be  held  to  be  the  true 
and  correct  boundary  lines  of  the  area. 

Khoundoridanot      5.    If  withiu  the  year  above  mentioned,  from   disagree- 

c^mmiE^er     ment  or  otherwise,  such  boundary  lines  are  not  estabmhed 

S^be^aeflnwT"  *"^^  defined  as  required  by  this  Act,  the  Commissioner  may 

cause  a  survey  to  be  made  and  the  area  to  be   defined  as 

hereinbefore  requir^  and  the  boundaries  so  established  shall 

be  held  to  be  finally  determined. 

Exp«nBeB.  by        6.    The  expcuscs  of  all  such  surveys  and  of  the  placing 

whum  paiit       ^^  erection  of  all  such  posts  or  monuments  as  required  by 

this  Act  shall  be  paid  by  the  lessees  of  the  aftas  defined ;  and, 

where  such  survejrs  are  made  and  such  posts  or  monumenU) 

are  established  by  virtue  of  the  next  preceding  section,  such 

flow  recovcrea  expeusos  may  be  sued  for  and  recovere<l   from  the  lessees  in 

in  ceitmn  caaea.  ^j^^  name  of  tho  Commissioner,  as  an  ordinary    debt  of  like 

amount. 
Monmueuta.  by      7.    Each  mouumeut  or   post,  as  cjften  as  it   shall  be  des- 
hciw'repiii^ea"    tix>yed  or  removed,  shall  be  replaced  by  the  lessee  at  his  own 
expense  within  one  month  after  he  shall  be  so  required  by 
the  Commissioner ;  and  the  proceedings  therefor  shall  be  the 
samo^s  hereinbefore  requhed  for  tlie  original   definition  of 
the  area. 
^amiwre  pai(Uo      8.    Where  the  lessee  Is  not  the  owner  of  the  land  included 
*     in  the  area  leased,  and  on   w^hich   the   boundary   posts  or 
monuments  are  reijuired  to  be  placed,  he  shall  be  at  lil>erty 
to  set  them  up  on  such  land,  but  shall  pay  the  proprietor  for 
the  damage  caused  thereby. 

J^iSta'  d°ta  ^'  ^^  *^^  pronrietor  and  the  lessee  cannot  agi-ee  on  the 
case  of  dispute,  auiouut  of  such  damages,  the  lessee  ma}'^  caM  on  any  three 
disinterested  Jiistices  of  the  Peace  for  the  County  in  which 
the  area  is  to  appraise  the  same.  The  Justices  so  called  upaD 
shall  forthwith  appraise  such  damages ;  and  their  award  or 
that  of  any  two  of  them  shall  be  final. 
Appmiior*'  fees.  10,  Eftch  of  such  Justiccs  of  the  Peace  shall  be  entitk4 
to  one  dollar  a  day  for  the  time  actually  and  nccessarilj^OB: 
ployed  in  making  such  appraisement,  besides  traveUi  ' 
at  the  rate  of  \^vl  cents  \ier  mile  to  be  computed ,  "* 
residei\C^  ot  ^e  3ws\ac^  V/^  ^^  ^^^m^v^  ^Wt^^  tlie 


1874.  •  ADDENDA.  37  Vie-  7 

uient  is  uiade  :  such  pay  and  travelling  fees  to  be  paid  by  the 
lessee. 

11.  Any  lessee  neglecting  to  set  up  such  posts  or  monu-  ^*^"JJy  '"''  °''* 
ments  oi*  to  renew  or  replace  the  sanio   when  removed  or  piadng^  moim' 
destroyed,  as  required  by  this  Act,  shall  forfeit  a  sum  not  ™**"*'*' 
exceeding  one  hundred  dollars  for  evoi'v  such  post  or  moini- 

mcnt  he  shall  neglect  to  set  up  or  replace. 

12.  Any  person   wilfully  dcstroymg,  defacing,  injuring  ^«"*"y  *p'  <^- 
or  removing  any  such  post  or  monument,  or  attempting  so  monumeuu/ 
to  do,  shall  forfeit  a  sum  not  exceeding  one  hundred  dol- 
lars for  each  oflfence. 

13.  Any  penalty  under  this  Act  shall  be  recovered  in  the  Penalties,  where 
name  of  the  Conunissioner,  before  two  Justices  of  the  Peace  cUvcred^  " 
for  the  County  wherein  the  offence  is  couunitteil,  in  the 

same  manner  as  an  ordinary  debt 

14.  The  words  following  arc  added  at  the   end  of  the  section  sa  of 
twenty-fifth  settion  of  Chapter  9,  of  the  Revised  Statutes.  ^^^Zi'  ^ '' ' 
Fourtn  Series,  "  Of  Mines  and  Minerals,"  heretofore  the  thir- 
tieth section  of  Chapter  1,  of  the  Acts  of  1869,  entitled,  "An 

Act  to  consolidate  the  Statutes  relating  to  Mines  and  Mine- 
rals," that  is  to  say  :    "  Where    an    agreement  cannot  be  jjuhBcquent 
made  with  the  owner  of  the  land  for  any  such  subsequent  jJJ2SJuined'^*''in 
damages,  the  holder  of  the  lease  may  proceed  to  have  them  caM  of  dispute, 
referred  to  ai*bitration  in  the  manner  provided  and  set  forth 
in  this  and  preceding  sections  with  reference  to  the  assess- 
ment of  damages  to  lands  and  for  entry." 


CHAPTER  6. 

An  Act  declaratory  of  the  Chapter  of  the  Revised 
Statutes;  ^^  Of  ifoards  of  Health  and  Infectious 

Diseases." 

(Passed  the  7th  day  of  May,  a.  n.  1874.) 

SECTIoy.    L— * '  Reasonable  ISxpenaes,  "  in  section  12,  Chapter  29,  ReTised  Statutes,  to  In- 
clude medical  attendance,  dbc 

Be  it  enacted  by  £he  Governor,  Council  and  As.sembly,  as 
follows : 

1.  The  words  "reasonable  expenses,"  in  the  twelfth  section  «•  Reasonable 
of  Chapter  29  of  the  Revised  Statutes,  Fourth  Series,  "  Of  SS^Ti  chap" 
Boards  of  Health  and  Infectious  Diseases,"  shall  be  coastnied  ^^^^*^. 
to  include  all  medical  attendance  and  services  bestowed  and  ciudo  'medkai 
performed,  and  medicine  supplied  by  Physicians,  when  re-  »**«"<**»»«••  *<^' 
quired  by  any  Board  of  Health  to  be  bestowed,  performed 
and  supplied,  tuider  the  provisions  of  such  Chapt^. 


4  37  Vic.  ADDENDA.  1874. 

the  requisite  amount  of  real  or  jHii'sonal  propei-ty,  or  both,  tf> 

entitle  them  to  vote. 
Chapter  14. 1ST2,      2.    Chapter  14  of  the  Acts  of  1872,  entitled,  *' An  Act  to 
icpeaicMi.  further  amend  Cliapter  28  of  tlie  Acts  of  1863,   entitled, 

'  An  Act  to  regulate  tlie  Election  of  Members  to  serve  in  the 

Geneml  Assembly," '  is  repealeil. 


CHAPTER  4. 

An  Act  to  Amend  Chapter  28^  of  the  Acts  of  1863, 
regulating  the  Election  of  Members  to  serve  in 

the  General  Assembly. 

(Passed  the  7th  day  of  May,  a.  d.,  1874.) 


SECTION. 

1.  Sheriff  to  receive  twenty  tloUars  on 
return  of  writ,  under  section  77, 
of  Chapter  2^  1803.  . 


SEWlOjr. 
3.    lucongiBtent  law  repealed 


Be  it  enacted  by  the  Governor,  Council  and  Assembly,  a> 
follows : 
Sheriff  to  re-        !•    t)n  retum  of  a  writ  the  Sheriff  shall  hereafter  be  on- 
r!J^l^;£!I^,l?*!!;  titled  to  receive  from  the  Provincial   Treasury'    the   sum  of 

I  ars  on  return  01  rnjT\-iin  ^  t  t      •  •»  e^» 

\vrit,  iinder  Bee-  Iwcnty  DoUars  for  each  member  returned,   instead   of  Six 
tcr"23jiM3?  **^  Dollars,  as  provided  by  section  77  of  the  Act  herebj^  amen- 
ded. 
Inconsistent  iHw      2.     So  mucli  of  the  Act  hereby  amended,  as  is  ineonsis- 
repenied.  tent  with  this  Act,  is  repealed. 


1874. 


ADDENDA. 


3T  Vic. 


CHAPTER  5. 

An  Act  to  amend  the  Law  relating  to  Mines  and  Min- 
erals. 


(Passed  the  7th  day  of  May,  a.  d.  1874.) 


SECTION. 


1.  All  lesMca  of  mbiinfr  areas,  otiier 
than  gold,  to  idace  postBorinonu- 
inentB  at  corners  of  areas,  within 
year  or  six  months. 

?.  Marks  on  posts  or  monuments.  Pro- 
viso as  to  submarine  areas,  Ac. 

:).  Manner  of  placing  posts,  Ac, 
notices  and  survey. 

4.  After  forty  days,  iNiUiulariee  con- 
tinned. 

r>.  If  boundaries  not  establishctl.  Com- 
missioner may  cause  areas  t<i»)ie 
defined. 

6.  Iilxpenses  by'  whom  paid.  How  re- 
covered in  certain  cases. 


SECTION. 

7.  Monuments,  by  uhnm,  when   f\\u\ 

how  replaced. 

8.  Damage  paid  to  owner  of  land. 

9.  Damages  how  ascertained  in  caRc  of 

dispute. 

10.  Appraiser's  fees. 

11.  Penalty  for  not  eroctin;;  or  replacing 

monuments. 

12.  Penalty  for  destroying.  &c. ,  monu- 

ments. 

13.  Penalties,  where  and  how  rccovereil. 

14.  Section  25  of  Cliaptcr  0  amended. 

Subseflaent  damat^os,  Ikow  aRccr- 
tained  ia  case  of  dispute. 


Be  it  enacted  Ly  the  Governor,  Council  and  Asseml)ly,  as 
follows :  p, 

1.  All  lessees  of  mining  areas  otlier  tlian  gold  mining  i^"„/^*a"ar' 
ai'eas,  heretofore  leased  by  the  Crown,  shall  within  one  year  other  than  goui. 
from  the  i>assing  of  this  Act,  and  all  lessees  of  such  areas  mouumentirat"'^ 
under  leases  issued  after  the  passing  of  this  Act,  shall  with-  ^?i"hi"year^?'' 
in  six  months  after  the  issuing  of  such  leases,  place  or  cause  ^^^  months. 

to  be  jjlaced  at  each  and  every  comer  of  the  areas  contained 
in  their  respective  leases  a  post  or  monument  of  stone  or 
other  durable  material,  of  such  size,  nature  and  character  as 
the  Commissioner  of  Public  Works  may  hereafter  deter- 
mine. 

2.  Each  i)ost  or  monument  shall  have  distimmishinfi:  Marks  on  posts 

lii  •ill"  -J.  1  "ijji  !•       or  monuments. 

letters  or  a  suitable  inscnption  cut  or  marked  thereon,  desig- 
nating the  comer  where  placed.  Pi'ovide<l  always,  that,  in 
cases  of  areas,  any  comers  of  which  are  covered  with  water,  Sibnlariue*'* 
or  where  the  placing  of  such  posts  or  monuments  at  such  *^^^-  *^' 
comers  would  cause  private  or  public  inconvenience,  it  shall 
Ijc  lawful  and  rixjuisite  for  the  lessees,  with  the  consent  of 
the  Commissioner,  to  place  such  posts  or  monuments  on  tlie 
land  adjoining  such  comers,  in  such  positions  as  shall  be  ap- 
proved by  the  Commissioner. 

3.  The  area  of  each  lease  shall  he  defined  as  herein  re-  c^^^^JSits'' &?'* 
quired  according  to  the  priority  of  the  granting  of  such  lease;  notices  and  cur- 
and  the  lessee  of  the  area  first  leased  shall  give  to  the  lessees  ^^^ 

of  the  adjoining  areas  or  their  agents  a  written  notice  that 
on  a  day  named — ^to  be  not  less  thaii  ten  daprs  after  the  ser- 
vice of  such  notice — a  survey  wiU  lie  made  for  the  purpose  of 
establishing  the  boundaries  of  tb0  area  aiad  plaoing  t3\^  ^gosX^ 


10  37  Vic.  ADDEm)A.  1874. 

Damii«ei  iio»    poles  and  brushwood ;  and  tlie  damatre  done  thereby  shall  be 

rX^  "^^    appraised  by  three  disinterestedfrediolders,  nomikited  by 

the  nearest  Justice  of  the  Peace ;  and  the  sum  appraised  shall 

be  paid  by  the  Commissioner^  to  the  owner  of  the  lands  if 

demanded  within  three  months,  or  otherwise  into  the  Trea* 

suiy  of  the  County  where  the  lands  lie,  for  the  use  of  the 

})erson*'cntitled  thereto. 

Certain  land,  drc       2.    Nothing  herein  contained  shall  be  construed  to  permit 

^cSoiu!^™   any  such  Commissioner  to  enter  on  any  garden  or  yard 

attached  to  a  homestead,  or  on  any  land  under  crop,  or 

meadow  or  other  cultivated  land,  save  for  the  purpose  of 

passage  in  case  of  necessity ;  nor  t^o  permit  him  to  cut  down 

or  take  away,  any  fruit  tree  or  ornamental  tree. 

Bepeai.  3.    So  much  of  the  existing  law,  as  is  inconsistent  with 

this  Act,  is  repealed*. 


CHAPTER  11. 

An  Act  to  amend  Chapter  52  of  the  Bevised  Stetates 
"  Of  certain  Provisions  respecting  Bailroads.'' 

(Passed  the  7th  day  of  May,  a  .  d  . ,  1874 . ) 
SECTION.    1.— Section  10  of  Chapter  52  Eerised  Stotatei,  bo v  enftjcctd. 

Be  it  enacted  by  the  Governor,  Council  and  Assembly,  as 
follows : 
Section  10,  of  1,  Whenever  complaint  shall  be  made  to  any  Justice  rf 
viwmatiitCT,*  the  Peace  that  the  provisions  of  section  10  of  Chapter  52  d 
how  enforced,  ^^j^^  Revised  Statutes,  "Of  certam  Provisions  respiting  Rail- 
roads," have  not  been  fully  complied  with,  such  justice  shall 
forthwith  notify  the  agent  or  secretary  of  the  railway  com- 
{)any  complained  of,  of  the  substance  of  such  complaint,  and  if 
there  be  no  resident  agent  or  secretary,  shall  post  up  notices 
of  such  complaint  in  some  conspicuous  place  on  the  works  of 
such  company ;  and  if  within  ten  days  after  such  notice  or 
notification,  such  company  shall  not  lully  carry  out  the  pro- 
visions of  such  section  to  the  satisfaction  of  sudh  justice,  tocn 
such  justice  may  authorize  any  person  to  make  all  sudi  i^ 
pairs  and  outlays  as  may  be  necessary  fully  to  cany  oat  llw 
provisions  of  such  section  at  the  expense  of  such  compiBj; 
and  in  default  of  jmyment  by  such  company  of  the  e:  _ 
so  incurred,  they  may  be  sued  therefor  as  for  a  privato  i 
due  by  such  company. 


•   t¥ 


|4I: 


1874. 


ADDENDA. 


37  Vic. 


11 


CHAPTER  12. 

An  Act  to  alter  and  amend  the  Act  to  encourage  the 

Building  of  certain  Railways. 

(Passed  the  7th  day  of  May,  a.  d.,  1874.) 


SKCTI05. 


4. 


Aid  to  aaUwayi  In  Chapter  17, 1872. 
to  bo  M  follows  :~WMteni  Coun- 
ties Ballway  CoaqMAT.  Ballway 
ttom  New  Glasgow  to  Strait  of 
Cansa  Spring  Hill  and  Parrs- 
boro'  Coal  anaBallway  Company. 

Character  and  location  of  roads,  to 
be  approTed  by  QoTsmor  In  Coun- 
ciL 

Moneys  paid  as  follows : 

SunM  payable  In  cash  or  debentures. 
Debentures  described.  Security 
for  debentures. 

Debentarss  may  issue,  to  what 
amount,  Ac  Interest  Principal, 
when  and  where  payable.  Ada  to 
and  accepted  by  Companlet  at  par. 


Section. 

« 

a  Security  to  be  given,  by  Spring  Hill 
and  Farrsboro  Coal  and  Ridlway 
Company.  Western  Counties 
Railway  Ca  Company  underta- 
king Eastern  Boad. 

7.  Governor  in  Council  to  grant  Crown 
Lands  on  lines,  for  track,  &c. 

&  WestemCoontieBRailway  Company 
may  act  under  Chapter  17, 1872. 

9.  If  no  security  given  for  road  from 
New  Glasgow  to  Strait  of  Canso. 
Governor  may  negotiate  for  road 
to  Louisburg  under  Chapter  17, 
1872L 

10.    Repeal 


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

1.    The  aid  to  the  several  lines  of  railway  mentioned  in  Aid  to  railways 
Chapter  17,  of  the  Acta  of  1872,  entitled,  "An  Act  to  en-  Iw^Suil' 
courage  the  Building  of  certain  Railways"  shall  be  as  here-  '^*^**^*  * 
inafter  specified,  that  is  to  say : 

(1.)  An  allotment  of  Fifty  thousand  acres  of  Crown  Land  y^^^Ju^a^.""' 
in  the  Coimty  of  Digby,  and  one  hundred  thousand  acres  in  c^pan>\ '^^ 
the  County  of  Yarmouth,  if  there  shall  be  that  quantity  of 
un^ranted  lands  in  such  Counties  respectively,  and  a  subsidy 
of  six  thousand  dollars  per  mile,  to  the  "  Western  Counties 
Railway  Company,"  if  they  shall  construct  a  line  of  Railway 
from  Annapolis  to  the  Town  of  Digby,  thence  following  the 
general  course  of  the  main  road  to  Weymouth,  crossing  the 
Sissifooo  River  within  one  mile  of  the  present  Post  Koad 
Bridge,  and  thence  to  Yarmouth,  such  railway  to  pass  within 
three  miles  of  the  bridge  by  which  the  Post  Roaa  cro&ses  the 
Meteghan  River,  if  practicable. 

(2.)    An  allotment  of  one  hundred  and  fifty  thousand  §*^^7  '^JJ  ^ 
acres  of  Crown  Lands  in  the  Counties  through  which  a  line  strait  Jt^so. 
of  railway  from  New  Glasgow  to  the  waters  of  the  Strait  of 
Canso  shall  pass,  and  a  subsidy  of  five  thousand  dollars  per 
nutoj  to  any  body  corporate  or  incorporated  company  tnat 
shall  oonstniet  such  line  of  railway ;  and, 

(S.)    An  allotment  of  ten  thousand  acres  of  Crown  Land,  IS^J^J^^c^^ 
in  the  County  of  Cumberiand,  and  a  subsidy  of  fiy^  \iiC5vxr  ^^S;2S^^ 
sand  doJlaropernule  to  the  ''Spring BiKL and TexT^xstoxs^ 
Copland  Bauway  Company^  limited/'  ^  ^3cyey  ol^^aSi  coi^VxxiiK^* 


37  Vic.  ADDENDA.  1874. 

a  railway  from  Spring  Hill  to  Parr8l)orough,   witli  suitable 
and  sufficient  appliances  adapted  to  a  large  mineral  traffic 

ind        2.    The  several  lines  of  railway  to  be  constructed  under 
^4  the  pi*ovisious  of  this  Act,  shall  be  made  on  such  grades. 
"'  *"    with  such  curvatures,  and  of  such  class  and  character,  res- 
pectively, as  the  Governor  in  Council  may  determine ;  and 
the  routes  and  locations  of  such  lines  shall  also,  in   all  cases. 
be  subject  to  the  approval  of  the  Governor  in  CounciL 

Id  08       3.    The  aid  to  be  granted  to  such  lines   of  railway  shall 
be  paid  as  hereinafter  provided. 

If  the  "  Western  Counties  Railway  Company,"  in  respect 
of  the  line  of  railway  from  Annapolis  to  Digby,  Weymoufli 
and  Yarmouth,  the  "  Spring  Hill  and  Parrsborough  Coal 
and  Railway  Companv,  limited,"  in  respect  of  the  line  «^ 
railway  from  Spring  Hill  to  PaiTsborough,  and  any  incor- 
porated Company,  in  respect  of  the  line  of  railway  from  New 
Glasgow  to  tne  waters  of  the  Strait  of  Canso,  shall  offer  to 
construct  the  same,  and  shall  give  assurance  or  guarantee  of 
their  resj^ective  ability  to  prosecute  and  construct  the  same 
to  the  satisfaction  of  the  Governor  in  Coimcil,  the  Governor 
in  Council  is  hereby  autliorized  and  emix>wered  to  consent 
and  agree  to  the  building  of  such  lines  or  any  of  them  by 
such  companies  respectively.  Any  such  agreement  shall  be 
in  the  name  of  the  Queen,  and  shall  be  subject  to  and  con- 
tain such  securities,  clauses  and  conditions  for  protectin<,' 
the  public  interests,  and  for  securing  the  completion  of  such 
lines  of  railway,  as  the  Governor  in  Coimcil  may  deem  ne> 
cessary.  And  so  soon  as  it  shall  be  satisfactorily  proven  t4> 
the  Governor  in  Council  that  any  of  such  companies  shall 
have  bona  fide  expended  the  sum  of  forty  thousand  dollars 
in  actual  expenditure  on  the  road  undertaken  to  be  built  bv 
them,  it  shall  be  lawful  for  the  Governor  in  Council  as  the 
works  on  the  several  roads  progress,  to  pay  to  such  company 
the  sum  of  twenty  thousand  dollai*s  as  a  ])urtion  of  such  aid, 
and  so  on  in  like  manner  from  time  to  time  j^/'o  ixxtti,  until 
the  whole  of  the  road  undertaken  l>y  such  com]>any  shall  be 
fully  completed  and  in  efficient  opemtion, — with  a  guage  of 
four  feet,  eight  and  one-half  inches,  with  all  necessary  star 
tions  and  stotion  houses,  and  with  substantial  and  sufiicient 
locomotives  and  roUing  stock  for  the  accommodation  of  paa- 
sengers  and  the  transportation  of  freight, — ^when  the  balaaee 
of  such  aid  of  six  thousand  dollars  per  mile  for  tiie  railway 
from  Annapolis  to  Digby,  Weymouth  and  Yarmouth^  aal 
the  balance  of  the  sum  of  five  thousand  dollars  per  mile  fiir* 
the  railways  from  Spring  Hill  to  Parrsborough,  and  bom. 
New  Glasgow  to  the  Strait  of  Canso,  respectively^  and  »o 
more,  shaU  be  paid.  . , 

4.    The  i$vmv&  ^^^\A&  xysd^i:  .and  by  virtue  oC  (thifr JUifc'  i 


1874.  ADDENDA.  37  Vic.  13 

.shall  be  paid  out  of  any  moneys  belonging  to  the  Pi-ovince,  ««»">»  i»avuiiie  in 
«)r  by  handing  over  to  the  comjiany  entitled  thereto  Provin-  tuJJs!"^ '  *" '^" 
cial  debentures,  to  be  isstied  as  hereinafter  mentioned,  at  the 
option  of  the  Governor  in  Council.    The  debentures  shall  be  ih?iwntiir«i  .io«. 
in  the  form  to  be  hereafter  direeted  by  the  Governor  in  *^'^'**'** 
Council :  they  shall  be  signed  by  the   Lieutenant  Governor, 
and  verified  by  his  seal  of  oftice,  and  also  countersigned  by  the 
Provincial  Treasurer.    They  shall  l)e  numbere<l  consecutively, 
commencing  with  numl)er  One.     Subject  to  the  civil  list,  the  BcLuiity  for  ae- 
faith  and  cre<lit  of  the  Pi*ovince  and  the  f»rdinary  revenues  ^•*^"*"'^" 
thereof  shall  be,  and  hereby  are  declared  pledged  to  any  ancl 
every  h(dder  of  such  debentures. 

5.  For  the  piiqjoses  of  this  Act,  the  Governor  in  Council  {^i'lJ^^l^ir*' 
is  hereby  authorized,  from  time  to  time  as  shall  Ijc  necessary  am"u«»t.  ac. 

to  issue  del)entures  to  an  amount  not  exceeding  in  the  whole 
One  million  one  hundred  thousand  doUai's,  payable  in  Can- 
ada currency,  with  coupons  attached,  bearing  interest  at  the  iiit«rie:.t 
rate  of  six  per  cent,  per  ann\nn,  payable  semi-annually,  in 
such  form,  verified  and  authenticated  in  such  manner,  in 
such  amounts  not  less  than  five  hundred  dollars  each,  an<l 
on  such  conditions,  a.s  the  Governor  in  Council  may  pres- 
cribe ;  the  principal  of  such  del)entures  to  be  paid  in  full,  at  ttjliJi'^iVJire^wT- 
the  expiration  of  forty  years  from  the  date  of  issuing  them  «i)iic. 
resi)ectively,  to  the  holdei's  thereof,  either  at  the  Treasurer's 
Office  at  Halifax,  or  in  London,  Great  Britain ;  and  any  de-  eeitea'^by^  com- 
benture  so  issued  shall,  if  the  Governor  in  Council  so  direct,  panic*  at  imr 
be  i^aid,  at  par,  in  ])ai't  of  the  aid  in  this  Act  mentioned,  to 
any  of  such  companies  building  any  of  the  lines  of  railway 
hereinbefoi'e  mentioned ;  and  any  of  such  companies  shall  ho 
bound  to  accept  any  such  debenture,  at  par,  in  lieu  of  money. 

6.  To  entitle  sucli  comi^anies  respectively  to  the  benefit  8ocurity  to  i»e 


railway  from  Spring  Hill  U)  Pari-sborough  witliin  two  veal's 
fiX)m  the  {lassuig  of  this  Act ;  the  "  Westeni  Counties  Kail-  uw*juiiwiy "  " 
way  Coiiu>any''  shall  give  security,  U)  the  satisfaction  of  the 
Governor  in  Council,  to  conijilete  the  line  of  railway  from 
Annapolift  to  Digby,  Weymouth  and  Yannouth,  within  three 
years  from  the  passing  of  this  Act ;  and  any  incorporated  SSUgSwSrn^' 
company  offering  to  construct  the  line  of  railway  from  New  ^'»**- 
Glasgow  to  the  Strait  of  Canso,  shall  within  one  year  from 
the  passing  of  this  Act  enter  into  a  contract  with  Her  Ma- 
jesty the  Queen  for  its  construction  and  completion  within 
three  years  from  the  passing  hereof. 

7.  When  any  of  the  lines  of  railway  in  this  Act  men-  counSfto* wMt 
tioned .  shall  pass  through  Crown  Lands,  the  Governor  in  ^JIa^JSSS 
Council  shall  issue  free  grants  to  the  Company  coT\s^V.T>ixc^ja^|^  ^«.* 


14 


37  Via 


/IDDBNDA. 


1874. 


the  same  of  so  much  of  such  Crown  Lands  as  may  be  neeeft- 

sary  for  track,  sidings  and  stations. 

Western  couu-       8.    Notwithstandmganything  in  this  Act  contained  to 

c^SlSTmliy    the  contrary ;  if  the  "Western  (S)unties  Railway  Cimipany" 

Hct  under  Chap,  aforesaid  shall  elect  to  build  the  railway  firom  Annapolis  to 

^^   '    ''^       Digby,  Weymouth  and  Yarmouth  under  the  proviflKnsof 

the  Act  hereby  amended  relative  to  such  railway  acjHMdine 

to  the  requirements  of  tlie  Governor  in  CoundJ«  instead  d 

under  the  provisions  of  this  Act,  such  company  shall  be  m- 

titled  to  receive  the  subsidy  and  Crown  Lands 'in  sack 

amended  Act  mentioned,  in  place  of  the  aid  hereinbefore 

specified. 

If  no  aecmity         9.    Provided  always  that  should  no  company  fumish  the 

SKm  xeVoii.  secuiity  required  to  construct  the  line  of  radway  from  New 

?SSaS"(k)TJliOT  Gla^ow  to  the  Strait  of  Canso,  as  contemplated  in  section 

mA]rW>^to    three  of  this  Act,  according  to  tiie  true  intent  and  meaning 

burg  under      '  thereof,  the  Governor  in  Council  shall  be  at  liberty  to  nego- 

chapteri7,i872.  ^y^^^  ^j^  ^^y  \^y  corporate  to  coustruct  the  rfulway  from 

New  Qlas^ow  to  Louisourg  in  accordance  with  the  ienns 
and  provisions  of  Chapter  17,  of  the  Acts  of  1872^  anything 
herem  to  the  contrary  notwithstanding. 
Bep«ai  10.    Section  three  of  the  Act  hereby  amended  and  such 

other  portions  thereof  and  of  any  other  Act  as  are  iinonsis- 
tent  with  this  Act  are  repealed. 


CHAPTER  18. 

An  Act  for  the  Preservation  of  iiseful  Birds  and  Ani- 
mals. . 

(Passed  the  7th  day  of  May,  a.  d.  1874.) 


Section. 

1.  No  MooM  to  be  kiltod  between  l&t 

September,  1874  and  lat  Septem- 
ber, 1877.  Xiisting  law  when  to 
be  in  force. 

2.  Clo«e  seaion  for  portridire,  wood- 

cock,  Ac,  jpresbribed.  Posses- 
sion  of  bira  erldence  of  guilt 
Woodcock  killed  only  at  certain 
hourSb 

a  Each  bird  a  separate  offence.  Pen- 
alties. 

4.    Penalty  for  violating  Section  I. 

n.  Proceedings  to  obtain  search  war- 
rant 

0.    Snares  for  meose  forbidden. 


Section. 

7.    No  Beaver  to  be    kfllM  flrMi  Ul 

September,  IfiTi/toistSeplcaMMr. 

1877. 
&    Close  season  for  hares  and  rabUia 

Penalty. 
0.    Penalty  for   olTeiicet  aolast  Sfc^ 

Uons  IS  and  16,  of  ckt^tm  7X 

ReTised  Statute 
la    Penalties  under  Act.  bow  itcoitwi 

Ac 

11.  GoBUBiasloners   or    WardciiL  ail 

deputies,  their  appolafaMaiptv* 
en,  duttoa  and  e 

12.  Josticw  of  Pmm  to 

A&,  under  penaltlea. 
IX    BepeuL 


Be  it  ensyeX^  ^^^  ^^  ^^N^Tsi<^\,^^«QQCfi^  «nd  Am 


U   m 


tt  il 


1874.  ADDENDA.  37  Via  15 

1.  No  person  shall  kill,  or  pursue  with  intent  to  kill,  any  S«  moow  to  bo 
moose,  or  shall  ex{K)se  for  sale,  or  have  m  ins  possession  any  ist  September. 
green  mooso  skin,  or  fresh  moose  meat,  or  any  part  of  the  tlniiwS^877?^^ 
carcase  of  a  moose,  for  the  period  of  three  years,  comipenc- 

ing  on  the  first  day  of  September,  in  the  present  year,  and 
ending  on  the  first  day  of  September,  A.D.,  1877.  Previous  ExistinRiaw 
to  the  commencement  and  after  the  tennination  of  such  JjJjJJ*  *"  ^°  *" 
period,  the  provisions  contained  in  the  Chapter  of  tlie  Fourth 
Series  of  the  Revised  Statutes  "  Of  the  Preser\'ation  of  Use- 
ful Birds  ajid  Animals,"  with  reference  to  the  presentation 
of  moose,  shall  be  in  force. 

2.  No  person  shall  take  or  kill,  or  attempt  to  take  or  kill  *^]^*rtJ,SJf*^^^,i'J^ 
any  partridge  between  the  first  diprs  of  January  and  October  SSck.  *c.',^*re»^ 
in  any  year,  or  shall  sell,  buy  or  have  in  his  possession  any  ^^^^' 
partridge  so  taken,  between  such  last  mentioned  days  both 
inclusive ;  and  no  person  shall  take  or  kill,  or  attempt  to  take 

or  kiU>'or  have  in  nis  possession  any  woodcock,  snipe,  blue- 
winged  duck,  or  teal,  between  the  first  days  of  Miuxh  and 
September  in  any  year.    The  possession  of  any  such  bird  ^jJ^jj5"„^J^  „j 
during  the  dose  season  prescribed  in  this  section  in  respect  guut 
of  such  bird  shall  be  presumptive  evidence  of  such  bird 
havmg  been  illegally  killed  or  taken.    No  pei-son  shall  kill  ;SSj"lt"ccruSr* 
any  woodcock  before  sunrise  or  after  sunset  hours. 

3.  The  killing,  taking,  or  having  as  aforesaid  each  pait-  j^^^Jj oienJe**^ 
ridge,  woodcock,  snipe,  Dlue-winged  duck,  or  teal,  shall  be  **'*  *  ^  ^^^^' 
deemed  to  constitute  a  separate  onence ;  and  any  person  viola-  rcnaitics. 
ting  the  next  preceding  section,  shall  be  liable  to  a  penalty 

of  not  less  than  five  nor  more  than  ten  dollars  for  cacn 
offence,  and  an  additional  {penalty  of  one  dollar  for  each  bird 
so  taken  or  killed  after  or  in  addition  to  the  first  bird. 

4.  Any  person  violating  the  first  section  of  this  Act  ronaity  for  ^-in- 
shall  be  liable  to  a  penalty  of  not  less  than  thirty  nor  more  *"**^  *^"""  ^ 
tlian  fifty  dollars  for  cadi  oficnce ;  and  the  meat,  skin,  or  any 

part  of  the  moose,  if  discovered,  shall  be  destroyed. 

5.  Whenever  any  person  shall  make  affidavit  before  a  ProceetUngs  to 
Sti|)cndiary  Magistrate  or  before  a  Justice  or  Justices  of  the  wiwriuir"^  * 
Peace,  that  he  1ms  reason  to  suspect  and  does  suspect  Uiat 

moose  hides  are  concealed  on  the  premises  of  any  person,  it 
shaU  be  lawful  for  such  Stipendiary  Ma^strate,  Justice  or 
Justices  to  cause  a  search  warrant  to  bo  issued,  authorizing 
the  person  to  whom  it  is  addressed  to  search  such  suspecte'd 
premises,  and  to  seize  and  to  take  away  any  such  hides 
found  therein,  to  1)e  dealt  with  according  to  law. 

6.  No  person  shall  set  any  snare  or  trap  for  the  destruc-  snanw  for  moose 
tion  of  moose  under  a  penalty  of  one  hundred  dollars  for 

each  offence ;  and  any  person  finding  any  such  snare  or  tra^ 
may  destroy  the  same. 

Z    Noperam  kball  kill  or  pursue  witli  mtenViVo  VSV  «d>i  ^gSPg^'a. 
i&00rar>c?rfl&a2/ expose  fw  sale  or  have  mlu&v^^  ^e^tf*^^*"^ 


16  37  Vic.  ADDENDA.  18t4. 


Teiialty. 


t<>  i»t  scrteiM-    beaver  skin  or  other  part  of  any  beaver  killed  in  this  Pro- 
vince, for  a  period  of  three  years,  from  the  first  day  of  Sep- 
tenilx^r,  A.  D.  1874 ;  under  a  penalty  of  not  less  than  ten  nor 
more  tlian  fifteen  dollars  for  each  oflFence. 
tioso  Benson  for      8.    No  person  shall  kill  or  pursue  with  intent  to  kill  any 
Jliu "  *"**  ™^*     liares  or  rabbits  or  shall  expose  for  sale  or  have  in  his  pos- 
session any  hares  or  rabbits  between  the  first  days  of  March 
and  September  in  any  year.      No  snares  shall  be  8etfor 
liai-es  or  rabbits  during  such  period,  and  all  isnares  shall  be 
taken  up  during  the  same.    Any  person  violating  this  sec- 
tion   shall    be    liable    to    a  penalty    of  five    dollars    for 
each  offence.    The  possession  of  any  hare  or  rabbit  after  the 
fifth  day  of  March  shall  be  presumptive  evidence  of  the  same 
having  been  illegally  killed  or  taken. 
Penalty  fur  9.    The  })enalty  for  each  offence  against  the  thirteenth 

JSS^Mons ufna^  scctiou  of  the  Chapter  of  the  Revised  Statutes,  Fourth 
ite?iw?r»ut-'^  Series,  "  Of  the  Preservation  of  Useful  Birds  and  Animals,'' 
utes.  shall  be  two  dollars ;  and  the  penalty  for  each  offence  against 

the  fifteenth  section  of  such  Cnapter  shall  be  five  dollars. 

renaities.  under      10.    AH  i>enalties  imposcd  by  this  Act  may  be  recovered 

wvcreir&^.       ^^  ^  summary  manner  before  a  Stipendiary  Magistrate  or 

Ijefore  one  or  two  Justices  of  the  F^euce,  in  the  name  of  any 

l>erson  who  may  sue  for  the  same,  and  when  recovered  shall 

be  i>aid,  one  hatf  to  the  informer  and  the  other  half  t<^  the 

prosecutor ;  and  in  case  the  amount  of  penalty  and  costs  be 

not  paid,  the  defendant  shall  be  committed  to  jail  and  shall 

not  be  admitted  to  the  benefit  of  the  Chapter  of  the  Revise<l 

Statutes,  Third  Series,  "  Of  the  Relief  of  Insolvent  DebU)rs; 

until  he  shall  have  underffone  an  imprisonment,  without  jail 

limits,  of  one  day  for  each  dollar  of  such  penalty  and  costs. 

( omniifisioners        H.    The  Govcmor  iu  Council  shall  immediately  after  the 

lieimSeJt'thc"?**  mssiug  of  this  Act  api>oint — for  each  district  which  shall  be 

npiKtintnient.      hereafUjr  set  apai't  by  such  Governor  in  Coimcil  for  such 

powers,  duties  /^    *        •      •  iir       i  u         i-    ii  i  Zi. 

and  coiupenwi-  puqiosc — ^a  Commissioucr  or  Warden,  who  snail  make  <»ath 
"'^"*  lor  tlie  proper  dischai|}e  of  his  duties,  and  whose  duty  it 

shall  be  tcj  see  that  the  provisitms  of  the  law  are  carrietl  out 
and  particularly  to  prosecute  all  pei*sons  offending  against  it 
in  regard  to  the  i)reservation  of  game.  It  shall  also  be  his 
duty  to  assist  the  oflicers  of  the  Government  of  the  Dominion 
of  Canada,  as  fai*  as  possible,  in  the  canying  out  of  the  law* 
for  the  preservation  of  the  inland  fisheries  of  the  Pro\Tnce. 
Such  Commissioner  or  Warden  shall  have  power  to  appoint 
in  writing  deputies  under  liim  to  assist  him  in  tho  dischai^ 
of  his  duties.  Tlie  District  Commissioners  or  Wardens  and 
their  deputies  shall  receive  such  annual  sum  for  their 
vices,  respectively,  as  the  Governor  in  Coimcil  shaU 
mine.  •«• 

4/0^  Art.  Ac       ^'2'    ^^  **^^  ^  ^^^  ^^^Y  ^f  ^  Justices  of  the 


1874. 


ADDENDA. 


37  Vic. 


17 


clerks  to  enfoi-cc  the  provisions  of  this  Act  and  of  any  otlicr 
enactment  for  the  preservation  of  useful  birds  and  animals, 
whenever  the  infringement  thereof  comes  imder  their  notice, 
under  a  penalty  of  not  less  than  ten  dollars  for  each  omis- 
sion of  duty. 

13.     So  much  of  the  Chapter  of  the  Revised  Statutes,  Repeal. 
Fourth  Series,  "  Of  the  Preserv^ation  of  Useful  Biids  and 
Animal^,"  or  of  any  other  enactment,  as  is  inconsistent  with 
this  Act  is  repealed. 


CHAPTER   14. 

An  Act  to  amend  the  Chapter  of  the  Revised  Statutes 
'^  Of  Licenses  for  the  Sale  of  Intoxicating  Liquors." 


(Passed  the  7ih  day  of  May,  a.d.,  187iO 


StCTlOX. 


1.  Liquors  nnoii   pi'eiulscs  of  person 

tirovioasiy  coiivlcteU,  how  seized 
in  certain  cases. 

2.  >'otice  to    be  given  to  party  ac- 

coRed.     Penalty  on    conviction. 

After  second  conviction, 
a    Confiscation    to   l>e  a  cumulative 
•       penalty. 


Section. 

4.  Liquors  found  within  mile  of  mi- 

ning works,  to  be  destroyed.  Ho 
licensoB  In  gold  district,  or  with- 
in mile  of  coal  mine,  dr. 

5.  Licenses,  how  to  bo  granted  here- 

after in  City  of  Halifax. 

6.  City    divided   into    licensing   dis- 

tricts. 

7.  Repeal. 


Be  it  enacted  })y  the  Qovemori  Council  and  Assembly,  as 
follows : 

1.  In  any  i)olling  district  or  licensing  district  in  which  ^^^JJ^'JJIg^Jf""  y. 
no  licenses  are  granted,  any  Justice  of  the  Peace,  upon  com-  son  pro^iougiy 
plaint  teing  made  to  him  by  the  clerk  of  license  or  by  any  S?i«d  to  ierta'in 
other  person,  shall  issue  a  warrant  for  the  seizure  of  liquonj  *^*^*- 
found  ujwn  the  premises  of  any  person  who  has  been  pre- 
viously convicted  of  violating  any  of  the  provisions  of  the 
Chapter  hereby  amended. 

2.  Five  days  notice  shall  be  served  upon  the  owner  or  Sveirto^pirty 
occupier  of  such  premises  to  furnish  proof  at  the  trial  that  accused, 
such  liquors  were  not  kept  or  intended  for  illicit  sale ;  and 

should  he  fail  to  substantiate  his  innocence  to  the  satisfac- 
tion of  the  Court,  the  liquors  shall  be  declared  confiscated,  ^^^^^  ^^^  ^^^' 
and  a  warrant,  returnable  within  thirty  days  from  the  date 
thereof,  shall  be  issued,  and  such  liquors  shall  be  destroyed 
forthwith.  After  a  second  conviction,  such  liquors,  when  so  ^omicuDn!"^ 
found,  shall  be  forthwith  seized  and  destroyed  without  notice 
or  triaL 

3.  Any  person  having  such  liouorB  ao  {o\mdL\i^XL\^^^!!^££;i^^ 

t   premises  conSaMtod  m  aforesaid  snaU.  inaddi^^ouV^tsa^^B""'^ 


18  37  Vic.  ADdMOA.  1874. 

confiscation,  be  subject  to  the   penalties  prescribed  in  the 
Chapter  hereby  amended  for  violating  the  provisions  of  such 
Chapter. 
Li/iuora  founti        4.    Anv  clcrk  of  liccnsc  or  Justice  of  the   Peace,  or  any 

within  mile  of  i^-i-i  ii        i»i«  -r^-  • 

mining  works,  pcrson  authonzed  by  a  clerk  ox  ucense  or  Justice  may  seize 
to  be  destroyed.  ^^^  dcstroy  all  intoxicating  liquors  found  exposed  or  in- 
tended for  illicit  sale  within  a  loile  of  any  mine  or  mining 
works,  and,  for  that  purpose,  if  necessary,  upon  reasonable 
grounds  of  suspicion,  may  enter  into  any  house  or  building 
within  a  mile  of  such  mine  or  mining  works,  and  seize,  take 

^ow^custrict^or  ^^"^^7  ^^  destroy  all  such  intoxicating  liquors :  and  no 
within  mile  of  liccuses  shaU  hereafter  be  granted  in  any  proclaimed  gold 
^.oai  mine,  &c.    jig^j-j^ji^^  qj.  -^ithin  B,  mile  of  any  coal,  iron  or  other  mine  or 

mining  works. 
blT^^^ted'ir  ^^      ^'    ^^c^^ses  for  the  sale  of  intoxicating  liquors  shall  only 
ftitlrtn  aty^^of  be  granted  within  the  City  of  HaKfax'  oy  the  City  Council 
Halifax.  upon  the  recommendation  of  the  License  Committee,  con- 

curred in  by  two-thirds  of  such  comnnttee,  and  accompanied 
by  a  petition^  from  a  majority  of  the  rate-pay^lB  of  the 
licensmg  district,  in  which  the  license  is  proposed  to  be 
granted,  praying  fbr  such  license.  The  genumeness  of  the 
signatures  of  such  petitioners  shall  be  eststblished  by  aflidarit 
to  the  satisfaction  of  the  City  Council. 
City  divided  into  6*  Such  City  Council  shall  have  power  to  divide  the 
tHcts '"^  "^  waixis  of  the  City  into  licensing  districts  containing  not  les?* 
than  one  himdred  rate-payers  each,  and  shall,  each  year,  have 
prepared,  from  the  assessment  rolls,  lists  of  the  rate-payers 
in  each  licensing  district,  which,  when  approved,  shall  be  re- 
garded as  authoritative  lists  of  the  rate-payers  in  sucli  dis- 
tricts ;  and,  until  the  City  Council  shall  define  such  licensing 
districts,  each  polling  district  in  the  City  shall  be  considered 
a  licensing  district. 
Kepeali  7.     So  much  of  the  Chapter  hereby  amended,  or  of  any 

other  existing  enactment  as  is  inconsistent,  with  this  Act,  is 
repealed. 


1874.  ADDENDA.  37  Vic.  19 


CHAPTER  15. 

i 

An  Act  to  prevent  the  sale  of  Intoxicating  Liquors  at 

Camp  Meetings. 

(Passed  the  7th  day  of  May,  a.d.,  1874.) 


SEOTION. 

1.  Intoxicating  Hqnors  not  to  be  Bohl 
within  three  miles  of  camp  meet- 
ingt.    Penalty. 


Section. 

S.    Arrest  and  commitment  of  offen- 

tlers. 
3.    Act  not  to  affect  hotels,  Ac. 


Be  it  enacted  by  tlie  Govenior,  Council  and  Assembly,  as 
follows  : 

1.  No  person  shall  open  or  keep  open  any  booth,  shop,  intoxicatin*? 
tent  or  place  for  the  sale  of,  or  shall  in  any  way  expose  for  i!?Mi3  witMn 
sale  or  sell,  any  spirituous  liquors,  wine,  ale,  porter,  cider,  or  ^^JJ®  mieun^ 
other  intoxicating  beverage  within,  or  wiUiin  three  miles  of, 

the  grounds  occupied  by  any  of  the  gatherings  or  assemblies 
of  persons  for  devotional  and  other  religious  exercises  called 
and  known  by  the  name  of  Camp  Meetings,  under  a  penaltj"  of  rcnaity. 
fifty  dollars  for  each  offence;  which  penalty  shall  be  recoverable 
as  a  private  debt  by  and  in  the  name  of  any  person  who  will 
sue  therefor,  before  any  two  justices  of  tlie  peace. 

2.  Any  person  violating  the  provisions  of  the  i:)recedinfi:  Arrest  ana  com- 

,.  •'^7  xj't  io  T   mltnient  of    of- 

section  may  be  arrested  on  view  by  any  peace  officer  and  fenders, 
taken  before  a  justice  of  the  peace,  who,  upon  the  oath  of 
such  peace  officer,  may  commit  the  offender  by  warrant 
under  his  hand  to  the  common  jail  of  the  county  or  district, 
unless  he  confess  the  offence  and  pay  the  penalty,  or  give 
security  for  his  appearance  to  take  his  trial,  at  a  time  named 
by  such  justice,  before  any  two  justices  as  aforesaid, 

3.  This  Act  shall  not  extend  to  or  affect  any  regularly  Act  not  to  afreet 
established  or  duly  licensed  hotel,  tavern  or  refreshment  ^'"'^' 
saloon,  existing  before  the  commencement  of  such   camp 
meetings. 


20 


37  Vic. 


ADDENDA, 


1874. 


CHAPTER  16. 

An  Act  to  provide  for  the  Transfer  of  Indentures  of 

Apprentioeship  in  certain  cases. 

(Passed  the  7th  day  of  May,  a.  d.,  1874.) 


SErrios. 


Intlcntures,<l:o.,  made  iu  thel'uit^l 

Kingdom,  )>iiiding  here. 
Transfer    of    guardianihip,    what 

deemed,  and  effect  of. 
^lanagcrs  of  charitable  initituUomi, 

when    deemed    guanliane— their 

powers  as  such. 
Agreement  of  trauifer,  how  proveiL 


Skctiox. 


8. 
9. 


Several  children  may  )»e  inolnded  in 

one  agreemeui. 
Certain    twwers    retained,   where 

child  Diaced  out  under  Miction  S. 
Penalty  for  enticinc  o^  aiding  child 

to  leave  guardian,  dc. 
Agreement,  proof  c^  guardiantdiiiL 
Application  of  Act. 


Transfer  of 
guardianship, 
what  deemed, 
and  effect  ot 


Mauaj^crs  of 
charitable  iiisti 
tutiuiis,  wlien 
deemed  jfiiar- 
d inns  -their 


Be  it  enacted  by  the  Governor,  Council  and  Assembly,  a^ 
follows : 

mwie^uT'lifteii      ^'    Indentures  of  apprenticeship  or  transfci-s  of  minors 

KinKdom.  i>iud-  entered  into  in  the  United  Kingdom,  shall  be  in  all  resj^ect^ 

ng  lerc.  binding  in  this  Province. 

2.  An  agreement  entered  into  in  writing  by  the  parent 
or  next  of  kin  of  a  minor,  to  assign  all  rights  whatever  over 
such  minor,  to  a  third  person  named  in  such  agreement  sliall 
be  considered,  a  transfer  of  guardianship,  and  shall  be  l>iii(l- 
ing,  in  the  case  of  males  until  they  attain  the  age  of  twenty- 
one  years,  and  in  the  case  of  females  until  the  age  of  twenty- 
one,  unless  sooner  maiTied. 

8.  In  the  case  of  children  taken  into  Charitable  Insti- 
tutions, or  "Refuges  "  or  "  Homes,"  over  whom  all  rights  of 
guardianship  are  assigned  by  their  guaixiians  or  relativt^  ui 

powirs  as  such,  to  the  Committcc  or  Managers  of  such  Institutions,  such 
Managers  or  representatives  of  Committee  shall  be  considerinl 
and  recognized  as  the  legal  guardians  of  such  children,  ami 
shall  have  power  to  transfer  all  rights  of  guardianship, 
recognized  agents;  and  such  persons  so  qualified  lus  legal  guar- 
dians, or  the  agents  of  such  persons,  shall  have  full  i)owei  t^- 
bind  out  any  such  child  or  ciiildreu,  and  transfer  all  rights 
of  ^guardianship  to  any  person  or  pei*sons,  willing  to  rt-'ceiTe 
such  child  or  children,  and  conti'acting  in  writing  to  fulfil 
such  obligations,  as  may  be  required  by  law  of  a  paix-nt  i»r 
guardian. 

4.  The  signatures  of  any  such  person  gi\4ng  over,  and 
of  such  pei'son  taking  over  the  guardianship  of  a  child  or 
children,  to  a  document  accepting  this  undertaking  shall  be 
proof  in  law  of  such  agreement. 

5.  It  shall  not  be  necessary  that  a  sepaiute  document  be 
prepared  in  the  case  of  each  child  so  assigned ;  but  a  doea- 
ment  headed  with  the  contract  of  agreement,  and  bearing  tiie 


Agreement  of 
transfer,  how 
pn>ve«l 


Several  children 
may  be  included 
in  one  agree- 
ment 


1874.  ADDENDA.  37  Vic.  21 

siguature  of  each  person  accepting  the  guai'dianship  of*  a 
child  opi)osito  the  name  of  the  child  so  bound  over,  shall  be 
legal  j)roof  of  such  accci)tancc,  and  the  signature  to  such 
document  of  the  pei*son  giving  over  the  guardianshij)  shall  be 
legal  ])roof  of  the  transfer  of  guardianship. 

C.     In  the  case  of  a  child  placed  out  in  this  Province  as  re^^lJJj^^hlf 
expressed  in  Section  3  of  this  Act,  the  agent  of  the  Committee  cWhi  piiceu  out 
shall  retain  all  i)owci"s  of  supervision  and  removal  as  reserved  '""  ^^  «*?cti(m  3. 
l)y  him  in  the  conti^act  of  transfer  of  guardianship. 

7.     Any  pci-son  who  shall  take  away  or  induce  any  child  JJe?nK'o/aiidfn" 
t<:>  leave  the  employ  of  any  such  guardian  so  aj)pointed,  or  eiiiui  to  leave 
who  shall,  without  the  consent  in  writing  of  the  a])pointed  ""^*^  *'"' 
guardian  and  of  the  agent  of  tlie  committee,  take  into  his 
house  or  in  any  way  harbor  any  minor  bound  over  as  provi- 
ded in  the  third  section  of  this  Act,  shall,  \i\X)n  conviction 
thereof  before  two  justices,  be  fined  the  sum  of  forty  dollars. 

H.    Tlie  production  of  the  document  mentioned  in  the  p.^Ii^nli^'^^iar- 
foui-th  and  fifth  sectiims  of  this  Act,  duly  signe<l  as  therein  «iiauifeiiiii. 
mentioned,  shall  be  held  to  be  legal  proof  of  guardianship. 

0.     This  Act  shall  apjJy  oidy  to  children  brought  into  Aiuaication »! 
thi«  Province  from  abroad. 


CHAPTER  17. 

An  Act  declaratory  of  the  Law  respecting  the  qualifica- 
iions  of  the  Pi-incipal  Judicial  Officers. 

(Paflsed  the  7th  day  of  May,  A.  D.  1874.) 

SECTION  1.  -  Protboni»tai7,  l»einR  barrteter.  deemed  'practising/  under  Cliaptcr  SO,  R.  S. 

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

1.    A  banister  holding  the  oiKce  of  Prothonotary  shall  be  Pnnhonotaiy, 
deemed  to  l)e  practising,   within  tlie  intent  and  meaning  of  deemed^*^Si' 
the  Chapter  of  tlie  Fourth  Series  of  the  Revised  Statutes,  JljJJj^JJ'^^^  j, 
"  Of  the  Supreme  Court  and  its  Officers," 


I       .     It  • 
t 


37  Vic. 


ADDENDA. 


1874. 


CHAPTER  18. 
An  Act  to  establish  County,  Courts. 

(Piissod  the  7th day  of  May,  a.d.,  1874.) 


skciiox. 


4. 


(!. 
7. 
8. 

0. 
10. 

n. 

1:?. 
l:j. 

14. 

i:». 

IC. 

17. 
l\ 

•:o. 

'21. 


t>.T 


24. 
•25. 


2a 


27. 


28. 
20. 


Comity  Conrts  to  !»c  OBiablished 

lYovincc  to  tie  divided  into  dis- 
tricts. 

One  judffe  to  liC  appointed  for  eaeli 
district 

Judi^es  t«>  preside  over  County 
(^ourt8  witlUu  their  respective 
districts. 

Len«^h  of  Sittings  of  such  Courts. 

Notices  of  trial,  Ac 

Holding  of  CliantlMm. 

Clerics  to  be  appointed  I>y  Qover- 
nor  in  Council. 

Such  Clerics  to  appoint  Dimuties. 

C'lerkito  adioum  Court  in  case  of 
luiavoidable  absence  of  Judge. 

Judges  not  to  practise  during  office.' 

Fomi  of  oath  for  Judges. 

i'rocediue  governed  by  decisions  of 
Supreme  Court. 

Actions  not  under  Jurisdiction  of 
( 'ounty  Courts. 

.ruris<liction  of  such  Courts. 

C'ei-tain  pleadings  to  he  upon  afllda- 
vit. 

.Tud;{c  may  change  venue. 

Issuing  of  pi'ocess,  Arc. 

J'owers  of  Clerks  of  such  Courts, 
(•omniissiouers. 

■hidginent  as  iu  case  pf  uon>8Uit  in 
certain  cases. 

Ccrtniii  Acta  of  the  Provhice  to  ai)- 
plv  tu  these  Courts. 

Clerk  of  such  Court  shall  file  all  pa- 
pers and  keep  l>ooks  of  reconl 
and  Judgments. 

Clerk  to  funiish  certiflcate  of  Judg- 
ment when  required.  Clerk  may 
tax  costs  in  certain  cases.  Execu- 
tions. 

Replevin  in  such  Courts. 

l*roceedings  against  tenants  hold- 
ing after  expiration  of  their  ten- 
ancy. 

Power  of  such  Courts  in  suits 
against  absent  and  absconding 
debtors,  Ac. 

Summary  Jurisdiction  of  Supreme 
Court  abolished. 

Executors  or  administrators  may 
sue  and  l>e  itued  in  such  Courts. 

County  Couits  may  issue  writs  into 
other  Counties. 


SECTION. 

30.  Causes  to  l»e  tried  withoat  Joxirt. 

except  In  certain  caawa 

31.  Sheriff  to  BumiiHui Jaron  ftoni  vitli- 

in  five  miles  of  Court  lloiue. 

32.  Junr  to  cooaiat  of  ire. 

'XI  Such  jurora  to  be  subject  to  like 
penalties  u  In  Suprcttie  Govt 

34.  Judges  of  Ooimtj  Oourta  to  be  Justi- 

ces of  the  Tmob. 

35.  Judges  of  Boch  Courts  to  make  mles 

regulating  form  of  proceedings,  ttf 
be  Bubmittfld  to  Jndgcs  ec  Su- 
preme Court 

3&  Such  Oourtfl  to  have  same  wrrer  ef 
amending  errors  In  clni  causes 
as  Supreme  Court 

87.    Penaltr  for  contempt  ol  Oont 

38.    Sherilrs  fbes. 

30.    Affidavits,  beffwe  whom  sarom. 

40.  Judges  may  iasue  orders  for prisuMr^ 

to  appear  and  give  evftteoe  is 
causes. 

41.  Capias  may  iasue  out  uf  6ucfa  Court 

42.  3beriff  to  arrest  witliln  one  mootb 

sfter  date  of  such  catrfas. 
4:3.    Further  proceedings  where  party  ar- 
rested under  process  to  be  aceor- 
dingto  practice  of  Supreme  Court. 

44.  Practice  not  provided  for  by  the  Act 

to  be  arranged  by  Judge  of  »acb 
C^Minty  Court 

45.  Juilge  may  grant  rule  for  e\ecutb>n 

for  costs. 
4a    Sheriff's  fees^ 

47.  Only  Attconeys  of  Supreme  C«mrt  U 

practise  In  such  Courts    Fn>ri»o 

48.  (tovernor  in    Council    to    i»vTid« 

seals  for  County  CA>ttrts. 
40.    Fees. 

50.  Costs  of  suits  defaulted  to  be  t:ue>l 

by  Clerk  of  Court 

51.  Aikpisal  to  Supreme  Court. 

.VI    County  Cottita  or  the  jndgeti  ther^^ 

to  have  power  to  grant  certsiu 

rules  and  orders. 
53.    Stay  of  proceedings  upon  appe&l. 

Ac 
.M.    Payment  of  Jurors  fees.  <tc. 
r>5.    Jurisdiction  of  City  Court  in  oertah 

cases  abolished. 
CA.    Inconsistent  law  repealed. 
57.    Act  to  go  into  operation— whea. 


Be  it  enacted  by  tlie  Governor,  Council  and  Afwembly,  u 
follows : 

1.  There  shall  be  established  in  this  Province,  Coorte  of 
Law  and  of  Record  to  be  called  County  Courts. 

2.  For  the  purposes  of  this  Act,  tiiis  Province  shttB  1» 
divided  into  seven  Districts,  to  be  made  up  as  foUow» : 

Distinct  Numbev  0>\o  :  vjy^'0cv^^^\«^\?3  cs^  HafifiKr 


1874.  ADDENDA.  37  Vic-  23 

Didrld  Xinnher  Two :  Of  the   Counties   of  Lunenburg, 
Queens  and  Slielbume. 

Lidrid  Number  Tkrec:  Of  the  Countiey  of  AnnajMilis, 
Dighy  and  Yarmouth. 

Dhtnvt  Xitmhev  Four  :  Of  the  Counties  of  King:;,  Hants 
and  Colchester. 

Dtdrid  Xanihtr  Five :  Of  the   Counties   of  Pict<»u  and 
Cumberland. 

Didrid  Xiunher  Six:  Of  the   Counties    of    Inverness, 
Antigonisho  and  Guysborough ;  and 

Distrid  Number  Seven  :  Of  the  Counties  of  Cape  Breton* 
Victoria  and  Richmond, 

3.  There  shall  be  one  Juclge  appointed  iov  each  district;  app„ffifor^''' 
who  shall  reside  within  the  district  for  which  he  is  appointed,  <^Hch  ui.^tnct. 
and  shall  hold  office  during  good  behavior.    Kvery   such 

Judge  shall  be  a  Banister  of  the  Supreme  Court  of  this  Pro- 
vince of  not  less  than  seven  years  standing, 

4.  The  Judges  of  the  diftcrenii  districts  shall  preside  over  .in.i::.Moi.iv. 
the  Courts  to  be  held  in  the  counties  comprised  Avitliin  their  rouVt,' wuililf  ^ 
respective  districts ;  and  such  courts  shall  l>e  held  for  sucli  "i»tiicir^**'*^^*^*' 
times  and  in  snch  pla<;es  as  the  Governor  in  Council  shall  by 
proclamation  appoint. 

5.  The  sittings  of  such  com-ts  in  the  res[)ective  counties  J;^'",;\Vsu/^h^* 
shall  contintie  so  long  as  the  business  shall  reciuire  ;  but  the  court*. 
same  shall  not  continue  longer  than  two  days  before  the  dav 
api)ointed  for  opening  the  Court  at  the  next  place  to  which 

the  presiding  judge  at  such  Court  shall  be  about  to  proceed. 

G.  Notices  of  trial  shall,  in  all  cases,  designate  the  jilace  >oticesof  triaia, 
within  the  county  at  which,  and  the  time  when  the  plaintiff  *"' 
intends  to  try  his  case  :  provided  that  a  Judge,  at  chambei's 
or  in  Court,  on  application  shall  have  power  to  remit  a  cause 
to  any  other  party  of  the  county  where  the  Court  is  holden, 
if  it  shall  l^e  made  to  appear  to  his  satisfaction,  on  affidavit, 
that  such  cause  can  be  more  conveniently  tried  in  such  other 
place,  or  that  the  place  of  trial  named  in  the  notice  was  se- 
lected with  a  view  to  harass  the  defendant,  or  to  put  him  to 
needless  expense  ;  the  costs  of  which  application  sliall  bo  in 
the  discretion  of  the  Judge. 

7.  The  Judges,  except  when  on  circuit,  shall  hold  chain-  "^•^•"{'ff ''' 
Ixjrs  where  they  reside,  for  the  transaction  of  Chamber  "^''^"^ 
business  confined  to  the  business  of  their  respective  districts ; 
and,  when  more  convenient,  shall  set  aside  one  day  in  each 
week  on  which  to  hold  such  Chambers :  provided  always 
that  no  Judge  shall  be  obliged  to  hold  such  Chambers  dur- 
ing the  monUis  in  which  the  Supreme  Court  has  vacation. 

8k    A  Clerk  for  the  several  Counties  in  each  district  shall  ^'2;{2,i*°,,|'?jJP: 
be  appointed  by  tiie  Lieutenaat  Qovemor  iu  (>)unfi.\l)>H\v^  «^x\b.'cm«^< 


24  37  Vic.  ADDENDA.  1874. 

sliall   reside   in  the   Shire   Town,   sliall   hold  office  during 

l)leas\ire,  and  shall  be  paid  by  fees :  provided  alleys,  ihst 

if  any  Attorney  of  the  Supreme  Court  shall  be  appointed  to 

such  office,  he  shall  not  practise  in  the  Ooiu-t  in  tne  County 

for  which  he  holds  office  during  the  term  of  his  incumbency. 

.siuh  Clerks  to      i).     The  Clcrk  shall  appoint  a  deputy  in  each  section  in 

t/er^"*^  ^'^P"'     the  County  where  a  Court  is  held,  for  whose  good  behaviour 

and    conduct    the   Clerk  shall    be    responsible ;    and    the 

deputy  shall  receivt  from  the   Clerk  such  comi>ensation  for 

his  services  as  may  be  agreed  upon  between  tne  Clerk  and 

liis  deputy. 

iieik  to  a.i-  10.    "Whenever  by  i-eason  of  imavoidable  absence  of  tiie 

iaJe  of  unavoi'.!  Judgc,  a  County  Court  canuot  be  held,  the   Clerk  shall  ad- 

Julfg"^**^"^*  "' joiuTi  the  Court  to  such  day  as  he  may  deem   convenient; 

and  he  shall  enter  in  the  minutes  the  cause  of  such  adjourn- 

•  nient;  and  whenever,  by  reason  of   sickness,    disability, 

absence  by  leave  or  other  cause,  any  Judge  of  a  County 

Coui-t  shall  be  unable  to  act,  or  shall  be  disqualified  to  act, 

such  Judge  may  call  in  and  designate  any  other  Judge  of  any 

other  Coimty  Court  in  this  Province  to  act  therein,  and  sudi 

Judge  so  called  in  and  designated  as  aforesaid,  shall  have  the 

same  powers  as  the  regular  Judge  of  such  Court  otherwise 

would  have.     In  like  manner,  if  deemeil  necessarj',  the  Judge 

of  any  district  may,  in  pursuance  of  an  agi'cement  with  the 

Judge  of  any  other  district,  preside  over  any  Court  or  Courts 

licld  in  such  other  district. 

.rmi-r;3  not  to         11.     No  Judge  of  any  such  Court  shall  practice,  cany  on, 

Sfflcc''*^  '^'""'^   <^i'  conduct  any  business  in  the  profession,  or  practice  of  the 

law,  while  being  such  Judge,  on   ])ain   of  forfeiture  of  his 

office. 

Form  of  orttii  1  -•     E vcry  Judge  shall  take  the  following  oath  before  s(»mc 

forjudges.        person  appointed  by  the  Governor  in  Council  to  administer 

the  same,  that  is  to  say  : 

"  I,  A.  B.,  do  swear  that  I  will  truly  and  faitlifully,  acconl- 
ing  to  my  skill  and  knowledge,  execute  the  several  duties, 
powers  and  trusts  of  a  Judge  of  the  County  Courts  in  tlie  Pro- 
vince of  Nova  Scotia." 
rroceiiurc  unv-       13.     The  practisc,  forms  and  mode^  of  procedure  when  not 
BionV.)f  siipTeme  ^^^I'^'ii^  provided  for,  shall  be  according  to  the  piuctice  of  the 
cuuit.  Sui)reme   Court  of  this  Pix>vince,  and  the  Judges  of  such 

County  Courts  shall  \)t  governed  by   the   decisions   of  the 
Supreme  Court. 

.ter"7iri«ir  i'"'      ^'**    '-^^^^  Court  shall  not  havo  cognizance  of  any  action — 
of  coontycourt*.  1st. — Where  the  title  to  land  is  brought  in  question,  OTi 

2n(l. — In  which  the  validity  of  any  devise,  beqaertliri(| 
liLmita^iVoxi  \^  ^^^wWS.,  ^x^^^X*  %s^  \v^»:einafter  provided^  Od^  .  4j1 


1874.  ADDENDA.  37  Vio.  25 

.■)tli. — Of  any  actron  against  a  Justice  of  the  Peace  for 
any  thing  done  by  him  in  the  execution  of  his  office. 

15.  Subject  to  the  exceptions  in  the  last  preceding  sec-  '"^{^^^JjulJ"  **' 
tion,  the  County  Courts  shall  have  jurisdiction  and  hold  plea 

in  all  actions  ex  contractu  when  the  debt  or  damages  claimed 
do  not  exceed  four  hundi'ed  dollars,  and  in  all  actions  of 
torts  where  the  damages  claimed  do  not  exceed  two  hundred 
dollars,  and  in  actions  on  Imil  bonds  to  a  Sheriff  in  any  case 
in  a  County  Court,  whatever  mav  be  the  jwnalty  or  amount 
sought  to  be  recovered ;  and  all  apjKjals  from  the  Magis- 
trates* Courts  in  the  several  coxmties,  shaU  Ije  to  the  Coimty 
Coui'ts  sitting  in  such  counties  respectively. 

16.  No  plea,  re])lication,  or  other  pleading,  whereby  the  art«fn  i>ioa<i- 
title  to  any  land,  or  to  any  rent,  duty  or  other  custom  or  RfflSalit.*^  "'*^* 
thing  relating  to  or  issuing  out  of  lands  or  tenements,  is 

brouglit  in  question,  shall  be  received  by  any  County  Court, 
without  an  affidavit  thereto  ^annexed,  that  the  same  is  not 
I)leaded  vexatiously,  nor  for  delay,  nor  for  the  mere  piuixjse 
of  excluding  the  Court  from  jurisdiction ;  but  that  the  same 
does  contain  matter  which  the  deponent  Ixjlieves  to  be 
necessary  for  the  i>arty  pleading  to  enable  liim  to  go  into  the 
merits  of  his  ca»e. 

.17.  If  tlie  Judge  shall  be  satisfied  by  either  i>arty  in  a  j„,|^.e  may 
cause  in  his  Court,  that  such  cause  can  be  more  conveniently  change  vcime. 
tried  in  some  other  County  Court,  he  shall  order  that  the 
venue  Ixj  changed,  and  that  the  cause  be  sent  for  hearing  to 
such  other  County  Court,  and  the  Clerk  of  the  Court  or  his 
deputy,  shall  forthwith  transmit  by  post,  to  the  Clerk  of  the 
Court  to  which  the  cause  is  sent,  all  papers  and  proceedings 
in  the  cause  on  file  in  his  office,  and  a  certified  copy  of  the 
oixler  for  changing  the  venue ;  and  such  cause  shall  be  dealt 
with  in  such  Coui-t  as  if  originally  brought  therein. 

18.  Every  pixxsess,  mesne  or  final,  issueil  out  of  such  issuim?  of  rro- 
Courts,  resiHJctively,  shall  be  directed  to  the  Sheriff  of  the  ^^  *^' 
County  where  the  same  is  to  be  executed,  and  shall  be  signed 

and  scaled  by  the  Clerk  of  the  County  Court  or  his  deputy, 
where  the  same  is  issued;  and  shall  bo  made  returnable 
in  the  like  times  in  which  process  directed  to  the  same 
Coimty  out  of  the  Supreme  Court  is  made  returnable :  pro- 
vided always,  tliat  wnei-e  the  Sheriff  is  a  i>arty  to  a  cause, 
all  process  shall  be  directed  to  and  executed  by  a  coi'oner. 

19.  The  Clerk  of  each  Court,  or  his  deputy,  shall  have  PowowoftierkB 
and  exercise,  in  reference  to  proceedings  in  such  Court,  the  ^'  «"^>i  *-'^'irt«. 
like  i^owei-s  as  the  Prothonotary  of  the  Supreme  Court ;  and 
Commissioners  to  take  affidavits  in  the  Supreme  Court  shall 

l)e  Commissioners  for  the  like  puri)oso  in  the  County  Court.  conimU3i.)ner»^ 

20.  Whenever   an    action  is  brought  ia  th^  Cio\rQ\»^  ^^S?X^i«Sl^ 
Courtj  which  the  Court  ba^i  no  juriiidicUon  io  \*y/yx<^5SHM3^\i'**' 


26 


37  Vic. 


ADDENDA. 


1874. 


Certain  Acts  of 
the  rroviiice  to 
apply  to  these 
Courts. 


Clerk  of  Buch 
Court  shall  fllo 
all  pai>cr8  and 

kOCp   iHKlkfl  of 

reconl  and  Jutlg* 
incntH. 


Clerk  to  furnish 
oortiflcate  of 
Judgment  when 
tciiuired. 


Clerk  may  tax 
costs  in  certain 
crises. 


EsccutionB. 


Replevin  In 
BU^  Courta. 


shall  be  rendered  as  iu  case  of  a  nonsuit,  and  the  defendant 
shall  have  execution  for  his  costs  accordingly. 

21.  Every  Act  of  this  Province  relating  to  the  depo6iti<»is 
of  witnesses  before  trial,  to  the  proceeding  in  replevin,  to 
evidence,  to  the  service  of  process,  to  practice  and  proceed- 
ings, and  to  an^  other  matter  or  ttiiii^  whatever  connected 
with  the  administration  of  justice  in  the  Supreme  Court, 
shall  apply  to  this  Court  when  not  inconsistent  with  the 
provisions  of  this  Act 

22.  The  Clerk  of  each  Court,  or  his  deputy,  shall  file  all 
writs  and  papers,  and  shall  keep  a  book  m  which  he  shall 
enter  all  causes  and  all  rules  and  orders  made  therein,  and 
shall  also  keep  a  judgment  book  in  which  every  jud^^nent 
rendered  in  his  Court  shall  be  entered,  a  copy  of  which  judg- 
ment, duly  certified  by  him,  shall  be  evidence  of  the  same  m 
all  courts  in  the  Province. 

23.  The  clerk  of  the  County  Court  shadl  furnish,  when 
required  so  to  do,  a  certificate  signed  by  him  of  such  judg- 
ment containing  the  like  particulars  as  are  required  in  cer- 
tificates of  judgment  given  by  Frothonotaries  of  the  Supreme 
Court,  and  such  certificate  after  registration  in  the  office  cl 
the  Registrar  of  Deeds  of  any  County  shall  have  the  like 
force  and  cfiect  in  binding  the  lands  of  the  person  against 
whom  the  judgment  was  recovered,  as  a  certificate  granted 
by  the  Prothonotary  out  of  the  Supreme  Court  has  of  bind- 
ing the  lands  of  a  person  against  whom  a  judgment  has  been 
recovered  in  tliat  Court.  The  Clerk  of  the  County  Court 
may  tax  costs,  and  enter,  sign  and  date,  in  the  judgm^it 
book  of  the  county  wherein  he  resides,  in  the  form  used  in 
the  Supreme  Court,  judgments  in  undefended  cases  brought 
for  the  recovery  of  debtS,  by  confession  or  by  default,  in  such 
Coimty  Court,  where  particulars  are  annexed  to  the  writ 
(except  iu  cases  of  foreclosure),  which  shall  be  as  valid  as  if 
fcjigned  by  a  Judge.  Writs  of  execution  shall  be  as  near  as 
may  be  m  the  same  foiiii,  and  shall  have  like  force  and  eflect 
as  those  issued  out  of  the  Supremo  Court ;  and  when  lands 
arc  levied  u|)on  they  shall  be  advertised,  sold  and  conveyed 
by  the  Sherift*,  in  the  same  manner  and  form  as  under  exe- 
cutions issued  out  of  the  Supreme  Court 

24.  In  case  the  value  of  the  goods,  or  other  property,  or 
effects  distrained,  taken  or  detained,  does  not  exceed  the 
sum  of  two  himdred  dollars,  and  in  case  the  title  to  land  be 
not  brought  in  question,  the  writ  of  replevin  may  issue  frdn 
the  County  Court  of  any  County,  wherein  such  proper^> 
goods  or  other  ejffects  have  been  distrained,  taken,  or  detaiiiML 
and  such  Court  may  commence,  hold  pleas  and  ptMMdt^< 
according  to  the  course  and  practice  of  the  Supreme  U^iiri 


1874.  ADDENDA.  37  Vio.  27 

25.  When  any  tenant  shall,  after  tlio  expiration  of  his  Proceedinfrs 
tenancy,  refuse  to  deliver  up  iK)sse8sion  of  tlie  premises  to  hSidbiR  aSS??** 
the  landlord  or  to  the  person  entitled  to  the  immediate  ]>os-  th?iMS?micy. 
session  of  the  premises,  such  landloixl  or  person  so  entitlcfl 

to  the  immediate  i>ossession,  or  his  agent  or  attorney,  may 
apply  to  the  Judge  of  any  County  Court  where  the  premises 
are  situate,  and  liaving  made  oath  that  such  tenant  has  held 
and  occupied  the  premises  designated  in  the  affidavit  for  a 
certain  period  then  expii*ed,  and  that  due  notice  to  quit  when 
necessary  has  been  given,  such  Judge  sliall  issue  a  summons 
in  the  form  in  Schedule  A,  giving  at  least  six  days  notice, 
to  be  served  with  a  copy  of  the  affidavit  on  the  tenant  or  by 
leaving  the  same  wiUi  some  adult  person  of  the  household 
living  in  liis  dwelling  house,  to  sliew  cause  why  he  holds 
over. 

If  the  tenant  neglect  to  attend,  or  attend  and  no  sufficient 
cause  be  shewn,  and  on  hearing  the  parties,  the  Judge  may 
issue  his  wan*ant,  in  the  form  in  Schedule  B,  to  the  Sheriff, 
directing  him  to  deliver  })ossession  of  the  premises  to  the 
landlora  or  party  entitled  to  the  immediate  possession,  to  be 
executed  by  him  according  to  the  exigency  of  the  warrant ; 
and  the  costs  of  such  proceeding  shall  be  taxed  and  allowed, 
and  payment  thereof  may  be  entered  under  the  warrant. 

26.  The  several  County  Courts,  and  the  respective  Judges  rowur  or  each 
thereof,  sliall  have  and  exercise  all  the  powers  and  authority  against  absent 
vested  in  the  Supreme  Court,  or  the  Judges  thereof  respect-  ISbtoSTdc.**^ 
ivelv,  bv  Chapter  97  of  the  Revised  Statutes,  Fourth  Series, 

"Of  Suits  against  Absent  or  Absconding  Debtors,"  and  by 
Chapter  137,  of  the  Revised  Statutes,  Third  Scries,  *'0f  the 
Relief  of  Insolvent  Debtors.". 

27-    The  Summary  jurisdiction  of  the  Supreme  Court  is  §^^;^j  'gjj*^ 
abolished,  but  all  suits  and  proceedings  now  pending  in  the  i^f^^^?"^ 
Supremo  Court  may  be  earned  on  to  the  termination,  and  ^ 
judgment  and  execution  shall  issue  in  the  same  manner  as  if 
this  Act  had  not  passed. 

28.  Any  Executor  or  Administrator  may  sue  and  l>e  sued  J^^^J^J^'  •**" 
in  any  of  Uie  County  Courts,  in  like  manner  as  if  he  were  a  way  auo  and  he 
j)arty  in  his  own  right,  and  judgment  and  execution  shall  be  c?Sii?  '^^^^ 
such  as  in  the  like  case  would  be  given  or  issued  in  the  Su- 
preme Court,  and  he  may  bo  sued  for  the  amount,  or  part  of 

the  amount,  of  a  distributive  share,  duly  ascertainocl  t>y  the 
proper  court  under  an  intestacv,  or  of  any  legacy  under  a 
will,  provided  the  same,  in  either  case,  do  not  exceed  four 
hundred  dollars. 

29.  The  County  Courts  may  iamie  writs  of  execution  S5?*S;iS*^t, 
and  writs  of  subpoena,  and  other  writs  into  any  other  coun-  into  otiier  coun- 
ty, to  be  served  or  executed  therein^  and  all  such  writs  shall 

be  of  equal  force,  as  if  the  same  had  issued  from  the  Court  cX. 
the  County,  io,  or  into  which  they  may  "be  Vbso.^ 


28  Vic.  37  ADDENDA.  1874. 

cauioa  to  Ik'  ;](),     All  causes  shall  Ije  tried  without  a  jury  by  the  Jutlye, 

j!irTes.^xcoilt  iu  subjc'ct  to  an  apix^al  to  the  Supreme  Court,  who  shall  decide 
icrtaiii  causes,    ^j^^  ^-^^  ^  ^^Jl  ^  y^^ .  pi-Qyidccl  that  in  csiHit  the  Juilge  be- 
fore whom  a  8uit  ia  brt>uglit,  in  which  the  claim  or  demauil 
is  over  eighty  doUai'B,  deems  it  ]>ro])er  to  have  any  fact  or 
facts  conkovei*ted  in  the  cause  tried  by  a  jurj',  tlie  Clerk 
shall  instantly  I'etum  a  suitable  juiy  of  ten  persons  qualified 
serve. 
Sheriff  to  Bum-       31.    In  case  there  shall  notice  present  at  the  time  such 
wUhtt"nJiio8  juiy  is  ORlered,  a  sufficient  number  from  w^liich  to  obtain  a 
of  Court  iioiue.  jury,  the  Sherifl*  or  his  deputy  shall  forthwith  summon  ten 
men,  qualified  to  sei^ve  as  i3etit  jurors,  living  within  a  distance 
of  five  miles  from  the  Court  House  whei^c  the  cause  is  t<>  \te 
tiied,  who  shall  be  cmpannelled  to  try  such  fact  or  facts.    A 
challenge  of  two,  witnout  cause,  snail  be  all«.>wed  to  the 
plaintifi*  and  defendant. 
Jury  to  consiijt        32.    Fivc  juTors  sluJl  be  emi)annelled  and  sAvom  for  the 
trial  of  such  facts,  four  of  whom,  in  case  they  cannot  agree 
after  two  horn's  absence,  may  render  a  verdict. 
Kiich  jurors  to       33.    The  Jui'ors  so  returned  orsummoneil  shall  be  subject 
Irkc'iliuSuies  M  ^>  the  like  pains  and  ])enaltie8  that  may  Ije  inflicted  by  a 
[•miir'*''"'*       Judge  of  the  Supreme  Court 

.luiifiMof  Conn-  34.  The  Judge  of  each  County  Court,  shall  Ik*  ejr  ojficio, 
.lnstice8^.nlle  ^  Justicc  of  tho  Pcacc  in  and  for  the  district  in  which  ho  rc- 
j'cjue.  sides,  but  shall  not  issue  any  civil  j>roces8  in  his  ca{iacity  as 

such  Justice. 

j\u\gen  of  gueii        35.    The  Judges  of  the  County  Couits,  or  any  four  of 

ni'ioH**re^Ya*tin«  them,  may  frame  rules  and  orders  for  i-egulating  the  practice 

i'u^^\o'KriuT^'  ^^  ^^^  Courts  and  the  foims  6f  proceedings,  and  from  time  t4» 

muted  to  .huigcs  time  amend  such  rules,  orders  and  fonus ;  and  the  same  cer- 

C4)urt^"*^^'"^       tified  under  the  hands  of  such  Judges,  or  any  tlii'ee  of  them 

shall  bo  submitted  to  the  Judges  of  the  Supreme  Court,  a 

majority  of  whom  may  allow,  alter  or  disallow  tho  same,  and 

the  rules,  orders  and  fonus  so  allowed  or  altei*ed,  shall  >»e 

inserted  in  Uu-ee  issues  of  tho  jRoyiU  Gazette,  and  shall,  fn>m 

a  day  to  be  named  by  the  said  Judges  of  the  Supi-eme  C'omt 

or  a  majority  of  tliem,  be  in  foi-ee  in  every  County  Court. 

suth  Courts  to        3G.    The  County  Court  and  eveiy  Judge  theret»f  shall  at 

erof  amemAn^i  ^^  timcs  havc  tlic  sam©  }X)wer  of  amending  all  clt-focts  and 

caJJwsaJsu-^*    OTrors  in  civil  causes  within  their  jurisdicti<^n  as  is  now  by 

i»reiiie  Court,      law  vcsted  in  thc  Supreme  Court  and  Judges  thereof. 

Penalty  for  con-      37.    If  any  Dcrson  shall  be  ffuilty  of  any  wilful  contempt 

tewpt  of  Court.  •   j.  \   '^i  r  i  "^  i   "^         o    i.\       r>t  f       « 

or  resistance  to  the  process,  rules  or  orders  of  the  County  ■ 
Court,  or  shall  wilfully  insult  the  Judge  or  any  juror,  or  " 
officer  of  the  Court,  during  his  sitting  or  attendance  itf  * 
Coui-t,  or  otherwise  misbehave  in  Court,  the  Court  may  puAh* 
ish  such  offender  by  fine  or  imprisonment ;  but  no  fine  dball  '''^ 
exceed  fifty  dollars,  nor  shall  such  imprisonment  exoeed  tellfe  '^ 
ipon^h,  5^^»  \  -  '•'  '»• 


1874.  ADDENDA-  37  Vic.  29 

liK  The  Sheritf '«  fees  fur  executing  the  warmnt  inider  the  **!»»»» iif'^  ff« -^ 
twunty-lifth  section  of  this  Act,  shall  he  the  same  as  Tor  exe- 
cuting a  writ  of  habere  f act fn<  jMit<t<t'Ms}o}u'iit  out  of  the  Su- 
l)ienie  Court,  and  all  such  fees  shall  Ik*  included  in  and  re- 
covei*able  under  the  warrant  issued  under  the  same  section; 
])rovided  that  the  pei'sun  arresttsl  by  virtue  of  any  such 
Avari'ant  shall  Ije  detained  in  custinly  one  day  only  for  eveiy 
foiiy  cents  of  the  sum  stated  in  the  waiTant. 

39.  All  attidavits  to  l)e  used  in  the  County  Courts  or  ])e-  Amau\it3, 
lore  any  Judge  thereof,  may  Ik?  sworn  Ix'fore  any  such  Judge  Iwoli?.^*""" 
or  iHifore  a  Judge  of  the  Su])reme  Coinii  or  any  Commissioner 

for  taking  attidavits  in  the  Sui)reme  Court. 

40.  A   Judge   of  a   County  Court  uiK»n  aimlication,  on  •'"*»»»>«  »•»«>• 
arhiiavit,  ol  either  i)arty  to  a  suit  pending  in  lus  Court,  may  ]irii«oiieni  to  ap 
issue  an  order  under  his  hand  and  the  seal  <.»f  the  Court,  for  J.TiliVi"-l!  ii^Maii. 
liringing  up  Inifore  such  (?ourt  any  pris<mer  confined  in  any  ^'■''■ 

jail  or  prison  under  any  sentence,  or  under  any  commitment 
for  trial;  or  otliei*wise,  nv  under  any  process  in  any  civil  suit, 
to  Ije  examined  as  a  witness  in  any  cause,  suit  or  matter 
<lei)ending  in  or  for  trial  W^fore  such  Court :  j)rovide«l  always 
that  the  person  having  the  custody  of  such  i>erson  wliall 
not  l>e  bound  U)  olwy  such  or«lcr,  unless  tender  be  made  to  him 
of  a  reasonable  sum  for  conveyance  and  maintenance  of  a 
proper  officer  or  officers,  and  of  the  pristmor  going  to,  le- 
maining  at,  and  returning  from  such  C  ounty  Court ;  and  no 
Sherift*,  Jailor,  or  other  officer  shall  Iwi  liaMe  U)  any  action 
or  prosecution  for  acting  in  olwdiencc  to  any  sudi  order ;  and 
if  such  action  \hs  l)rought  he  may  jilead  and  give  such  order 
in  evidence. 

41.  If  the  ])laintif f  in  any  action  commenced  in  the  O  mnty  ^^.^^j^  ^^^y  |^„y 
Courts,  and  within  the  junsiliction  thereof,  in  which  the  de-  ""^*^f  «»"«^»» 
fendant  is  now^  liable  to  aiTcst,  whether  ujion  the  order  of  a 

Judge  or  Commissioner,  or  without  such  order,  shall  at,  or 
after  the  commencement  of  such  action,  by  affidavit  of  him- 
self or  s«mie  other  pers(»n,  show  to  the  satisfaction  of  any 
Judge  of  the  Coimty  Coui-ts,  or  any  Commissioner  author- 
ized t<^  take  affidavits  in  the  Supreme  (-ourt,  that  such 
])laintitt*  has  a  cause  of  action  against  the  defendant  to  the 
amount  of  twenty  dollai-s  or  upwards,  or  has  sustained 
damage  ti  that  amount,  and  that  the  {)laintiff  has  {)rol)able 
cause  for  belie>nng,  and  does  believe,  that  the  defendant  is 
about  to  leave  tlie  Province,  and  that  he  fears  the  debt  will 
l)e  lost  unless  such  defendant  is  forthwith  aiTcsted,  such 
Judge  or  CommiBsioner  mav,  without  requiring  in  such 
affi(JUkvit  any  statement  of  the  plaintiff's  ^ouml  for  such 
Ixjlief,  by  a  sjiccial  order,  direct  tnat  such  defendant,  who  is 
about  to  "quit  the  Pi-ovince,  shall  >«  held  to  bail  for  the 
amount  of  the  debt  or  damago  sworn  to,  or  in  tlv<i  Qas«i  c\^ 


30  37  Vic.  ADDENDA.  1874. 


unliquidated  damage,  for  such  sum  as  the  Judge  or  Com- 
missionor  may  thmk  fit,  and  thereupon,  within  the  time 
expressed  in  such  order,  and  not  afterwardH^  may  sine  out  of 
the  County  Couii  one  or  more  Mrrits  of  Capias,  into  one  or 
more  counties,  bs  may  be  required,  agunst  any  siich  defend- 
ant so  directed  to  be  held  to  bail:  provided  always  that 
nothing  in  this  section  shall  operate  to  prevent  a  defendant 
so  arrested  from  negativing  under  affidavit  before  a  County 
Court,  or  a  Judge,  the  fact  of  his  being  about  to  leave  the 
Province,  and  upon  such  affidavit,  if  not  oontradicted^  siidi 
Judge  shall,  in  his  discretion,  order  his  discharge  fix>m  cus- 
tody, with  or  without  costs. 
Sheriff  to  arreit     42.    The  Sheriff  shall  within  one  month  after  the  date  of 
month  Sicr      ^^^^  capias,  but  not  afterwards,  proceed  to  arrest  such  defen- 
gmiii^'  '^^^      dant  thereu][x>n ;  and  ho  shall  remain  in  custody  until  he 
▼  shall  have  given  a  bail  bond  to  the  Sheriff,  or  ahall  have 

made  a  deposit  of  the  sum  endorsed  on  such  writ  of  capias, 
together  with  fifty  dollars  for  costs,  and  the  Sheriff  dull 
make  return  of  his  writ  immediately  uix>n  the  execution 
thereof,  or  at  the  expiration  of  one  month  from  the  issuing 
thereof. 

ciwduSw^wheM       ^^'    "^^  further  proceedings  where  a  party  has  been 
purty  arrested    aiTOstod  Under  a  proccss  issued  out  of  a  County  Court,  m- 
bi^aclcmSK^to*  cluding  rendering  defendants  in  discharge  of  bail,  shall  he 
pfSmi*^cowt"**'  *^ccordmg  to  the  pittctiee  of  the  Supremo  Court,  unless  other- 
Avise  provided ;  and  tlie  Sheriff  shall  be  chai'ged  with  the 
custody  of  such  defendants,  in  Uie  same  manner  and  as  near 
as  may  be,  as  he  is  charged  according  to  the  practice  of  the 
Supreme  Court. 
vuKl*torb**tho  *    Wlion  tho  timo  within  which,  or  when,  or  the  mode 

Act  to  \ie  arran-  in  whicli  auv  proceedings  should  be  taken  in  the  County 
5ul5h*coi^r  ^'  Court  or  before  any  Judge,  is  not  prescribed  in  this  Act,  or 
Court.  jj^  accordance  with  the  provisions  of  this  Act,  such  timo  and 

modo  may  be  appointed  by  rules  of  practice,  orders  and 
forms  by  the  Judge  thereof. 
Judge  may  45.    In  all  casos  where  costs  in  any  County  Couit  aiv 

oMcutimi*for'  oixlered  by  the  Judge  to  bo  paid  on  any  hearing  or  pi-oceetl- 
co8t8.  {i^g  }^3^  before  him  at  Chambers,  it  shall  be  lawful  for  such 

Judge,  upon  application  therefor  by  the  party  entitled  theiv- 
to,  to  grant  a  rule  for  a  writ  of  execution,  to  issue  out  of 
any  Court  within  his  district,  for  the  recovery  thereof,  whidb 
shall  be  executed  by  the  Sheriff  of  any  county  in  this  Pro- 
vince. 
Sheriff',  feci.  4(j,  The  Sheriff  shall  be  allowed  for  all  services  perfonMi: 
under  this  Act  the  same  fees  as  are  now  provided  for  Htm 
like  services  in  the  Supreme  Court 
ot%pi!^T^       47.    Only  attorneys  of  tho  Supreme  Court  maj,  .j 


conrttopncUie  in  the  CoMat^  ComtVa^  ^^  ^\Ki^\TA^^    Provided  howetw 


r.n 


1874.  ADDENDA.  37  Vic.  3 

fend  in  person,  subject  to  the  same  rules  of  law  as  are  now 
in  force  in  the  Supreme  Couit. 

48.  The  Governor  in  Council  shall  provide  seals  for  the  oovemor  in 
various  County  Courts ;  and  the  Clerk  of  each  County  shall  vid^"MAi8  for" 
provide  all  necessary  books  for  the  records  of  such  Court,  co^ntj  c^urta 
which  shall  be  approved  of  by  the  Judge  and  paid  for  by  the 
Treasurer  of  the  County  out  of  the  funds  of  the  County,  on 

the  order  of  the  Judge  of  the  Countv  Court  of  such  County. 

49.  The  table  of  foes  shall  be  tne  same  as  those  in  the  fcca. 
Supreme  Court  for  like  services,  with  the  exception  of  the 
brief  and  counsel  fee^  which  shiaill  not  each  exceed  in  any 
case  the  sum  of  twelve  dollars,  to  bo  taxed  in  the  discretion 

of  the  Judge  who  tries  the  cause. 

50.  The  costs  of  suits  defaulted,  and  confessed,  shall  be  costs  of  buiu< 
taxed  by  the  Clerk  of  the  Court :  the  costs  of  all  contested  SSJd^L*^^^ 
suits  shall  be  taxed  by  the  Judge  before  whom  the  cause  of  court 
was  tried. 

51.  The  decision  of  the  presiding  Judge  shall  bo  subject  ^J^f^^ 
to  an  appeal  to  i^e  Supreme  Court  in  dl  causes  between  **""* 
fortv  and  eighty  dollars,  upon  the  appellant  giving  a  bond 

to  the  appeUce  to  respond  the  judgment  of  the  Supremo 
Court  in  manner  as  is  directed  in  t£o  fifty-third  section  of 
this  Actk 

52.  The  several  Courts,  or  the  i-cspective  Judges  thereof,  J??Si^iSSJ? 
shall  have  power  by  rules  or  orders  at  Chambers  or  in  term,  ^^^^^  ^ 
to  set  aside  judgments  by  default,  to  set  aside  proceedings  cert^miM' 
for  irregularity,  to  grant  time  for  pleading,  and  to  order  stay  ^^  ^^^^ 
of  proceedings  tiU  security  be  given  for  costs,  and  ma]^  issue 
summonses,  and  make  oruers  in  all  matters  of  practice,  in  like 
manner  and  on  like  grounds,  and  to  the  same  extent  as  the 
Supreme  Court,  or  the  Juc^ges  thereof,  and  may  cause  rules 

on  Sheriffs,  or  any  other  rides,  orders  or  proceedings  there- 
u{X)n,  to  be  served  in  any  County. 

53.  In  case  any  party  in  a  cause  in  any  of  such  Courts,  suyof  prow 
is  dissatisfied  with  tne  decision  of  the  Judge  upon  any  point  ^,  ^^  *** 
of  law  or  fact,  or  with  the  finding  of  the  Jury  on  any  fact 

left  to  them^  or  with  the  decision  upon  motion  for  a  non-suit, 
or  in  arrest  of  judgment,  he  may  appeal  to  the  Supremo 
Court ;  and  the  Judge  at  the  request  of  such  party,  his  coun- 
sel or  attorney,  shiul  stay  the  proceedings  until  Judgment 
be  given  on  appeal,  provided  the  party  wishing  to  appeal 
give  a  bond,  with  sureties  to  the  satisfaction  of  the  Judge, 
to  the  opposite  jmrty,  in  a  penalty  to  be  fixed  by  the  Judge, 
conditioned  for  the  payment  of  the  debt  and  costs,  or  costs 
below^  and  the  costs  of  the  appeal  awarded  by  the  Supreme 
Court,  if  the  judgment  or  decision  of  the  Judge  be  affirmed ; 
and  at  the  request  of  the  Pttrty  appellant  tne  Judge  eJiail 
certify  under  nis  hand  to  tne  onpreme  Court  the  pleadings 
in  the  cause,  and  all  motions,  roles  or  ox&em  viadii^i  %!B«^tfi^ 


§2 


37  Vio. 


ADDBKOA. 


1874. 


pHymeiit  of  ju* 
ron,  fees,  A'c 


Jurisdiction  of 
City  Court  in 
certain  cnses 
abolittlieil. 


IiKOiisisteiit 
law  repealctU 

Act  to  go  Into 

operativu-* 

wheo. 


or  refused  therein,  with  his  own  charge,  judgment  or  de- 
cision therein,  and  when  a  trial  has  been  had,  the  evi<lence 
and  all  questions  and  exceptions  thereto,  whereiii)on  the 
matter  shall  be  set  down  for  arjjument  at  such  time  as  the 
Supreme  Court  shall  direct ;  and  that  Court  shall  make  such 
order  or  directions  to  the  Court  below,  touching  the  judg- 
ment to  be  given  in  the  matter,  as  the  law  re(|nires,  and 
shall  in  their  discretion  award  costs  to  either  i)arty,  which 
costs  shall  be  certified  and  form  part  of  the  judgment  of  the 
Court  below,  and  upon  receipt  of  such  order,  directions,  and 
certificate,  the  Court  lx)low  shall  proceed  in  accoixlance 
therewith. 

54.  The  plaintiff,  at  the  time  of  issiung  eveiy  summons, 
shall  i>ay  to  the  Clerk  the  sum  of  twenty-fivo  cents,  and  c»n 
the  swearing  of  the  jury  in  each  cause  the  sum  of  five  dol- 
lars, to  be  taxed  in  the  plaintifTs  bill  of  costs,  should  he  suc- 
ceed ;  which  sum  the  Clerk  shall  retain  in  his  posse^nsion  and 
apply  towards  |>a)anont  of  the  jury  fees,  ana  at  the  end  of 
each  term  shall  pay  the  balances,  remaining  in  liis  hands,  of 
fees  received  in  the  CHty  of  Halifax,  to  the  City  Trea^^^urer, 
and  in  any  County  to  the  Treasurer  of  the  County,  and  shall 
draw  on  the  re8j>ective  Treasurers  for  any  deficiency  required 
to  pay  the  jurors,  which  order  shall  be  certified  by  the 
Judge  and  i>aid  by  the  Treasurer  out  of  the  county  fimds, 

55.  Tlie  jurisdiction  of  the  City  Couii  for  the  City  (►f 
Halifax,  in  all  cases  of  torts,  an<l  for  forcible  entry  and  de- 
tainer, is  abolished,  and  the  same  is  hereby  transferreil  to 
the  County  Court  for  district  number  One. 

56.  So  much  of  the  existing  law,  as  is  inconsistent  with 
this  Act,  is  repealed. 

57.  This  Act  shall  not  go  into  (operation  until  brought 
into  force  by  proclamation  of  the  Lieutenant-Governor  in 
Council 


t 
■  I 


1874.  ADDENDA.  37  Vic 


SCHEDULE  A. 

A.  B.,  of  ,  having  maclc   the  aflidavit  rcciuircd 

I  )y  law,  I  therefore  rec^uire  you  to  appear  before  me  on  the 

day  of  i  next,  (or  instant),  at  to  shew 

cause,  if  any  you  have,  why  you  should,  not  deliver  up  to 

the  said  A,  B.  the  premises  described  in  said  affidavit. 

Dated  this  day  of  AD.  18 

E.  F.,  u,  C.  C'« 


SCHEDULE  B. 

Tojjthe  Sheriff  of 

Wliereas  A  B.  claims  the  premises  situate  [here  des- 
cribe the  i)remises]  now  in  the  possession  of  C.  D.,  who  holds 
over  and  refuses  to  deliver  up  the  same,  the  matter  having  been 
heard  before  me,  pursuant  to  law,  I  do  adjudge  that  the  said 
A.  B.  shall  be  forthwith  put  in  possession,  and  shall  recover 
his  costs,  being  ,  besides  your  fees  for  executing 

this  Writ ;  you  are  hereby  commanded  to  put  the  said  A  B. 
into  immediate  possession  of  said  premises,  and  that  you 
levy  of  the  goods  and  chattels  of  the  said  C.  D.  the  sum  of 
for  his  costs,  besides  your  fees,  and  for  want  of 
goods  and  chattels  that  ^''ou  take  the  said  C.  D.  and  deliver 
him  to  the  keeper  of  the  jail  of  the  said  County,  who  will 
safely  keep  him  for  days,  imless  said  costs  and  fees 

bo  sooner  paid;  and  make  return  hereof  and  what  you  have 
done  witliin  days  from  this  date. 

Dated  this  day  of  A.  D.,  18 

£•  r«,  </•  C«  C/« 


34 


37  Vic. 


ADDENDA. 


1874. 


CHAPTER  19. 


FceA  of  Grand 
Jurors  at  Su- 
preme Courb 
to  be  BRme  as 
at  ^}cs8ions. 

Feet  to  l)e  a 
county  charge. 


Roi>enl. 


Act  when  to 
begin. 


An  Act  relating  to  the  Fees  of  Grand  Jurors. 


(Passed  ihQ  7th  day  of  May,  a.d.»  1874.) 


Section. 


1.    Fees  of  Grand  Jurors  at  Supreme 
Court  to  be  same  as  at  Sessions. 


Rectiok. 

2.    Feoi  to  be  a  county  change. 

&    BepeaL 

4.    Act  when  to  begin. 


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

1.  Evciy  Grand  Juror  shall  hereafter  be  entitled  to  re- 
ceive the  same  fees  for  attendance  at  the  Supreme  C!ourt, 
and  for  travelling  in  connection  with  such  attendance,  as  are 
now  allowed  for  travel  and  attendance  at  general  sessions. 

2.  The  amount  of  such  fees  for  travel  and  attendance,  at 
the  Supreme  Court  shall  be  a  county  or  district  charge,  U> 
be  added  to  the  general  assessment  of  the  coimty  or  dis- 
trict, and  to  bo  ascertained  and  paid  as  provided  with  ^efe^ 
once  to  the  fees  of  Grand  Jurors  for  attendance  at  General 
Sessions  by  Chapter  8  of  the  Acts  of  1872, 

3.  So  much  of  the  existing  law  as  is  inconsistent  ^vith 
this  Act,  is  repealed. 

4.  This  Act  shall  not  go  into  opei'ation  until  the  first  day 
of  January,  1875. 


CHAPTER  20. 

An  Act  respecting  the  Appointment  of  Queen's  Coun- 
sel. 


ri-cpmble. 


(Passed  the  7th  day  of  May,  a.  d.  1874.) 

Prcauible.    SKCtlOK.  1.- Power  to  appoint  Queen's  Counsel  for  FroWnce  rested  in  IJe«- 

tenant  Governor. 

Wliereas,  the  Lieutenant  Governor  of  right  ought  to  have 
the  power  to  appoint,  from  among  the  members  of  tiie  Bar 
of  Ijova  Scotia,  provincial  officei's,  who  may  assist  in  the  con- 
M  ct  of  all  matters  on  behalf  of  the  Crown,  under  the  nani^ 
«•<*  Her  Majesty's  Counsel  Learned  in  the  Law  for  such  Pro- 
vince :  And  whereas,  doubts  have  been  cast  on  the  pofiwtj 
o£  t\i(^  lA.(^\x\/e;rv3&XLt  Governor  to  make  such  appoint]miit»^^|||| 


1874. 


ADDENDA. 


37  Vic. 


35 


1.     It  was  and  is  lawful  for  the  Lieutenant  Govenior,  l»y  iMwertoap- 
lettcrs  patent  under  the  Great  Seal  of  the  Pix)vince  of  Nova  cSunsSX"  * 
Scotia,  to  ai)point,  from  among  the  members  of  the   Bar  of  hTuelitoiwnt''* 
Nova  Scotia,  such  pci'sons  as  he  may  deem  right,  to  lx>,  dur-  <'Oveninr. 
ing  i)lea.sure.  Provincial  Ofticei-s,  under  the  name  of  Her 
Majesty's  Counsel  Learned  in  the  LaAV  for  the  Province  of 
Nova  Scotia. 


CHAPTER  21. 

An  Act  to  regulate  the  Precedence  of  the  Bar  in  Nova 

Scotia. 


(Passed  the  7tli  diiy  of  May,  A.  d.,  1874.) 


SKCTIoN. 


1. 
•> 


l»rcanibIo. 

I  >i-dcr  of  preceilencc  regiiUteiL 
i'rccedonco   of   Q.    Ca.    appointctl 
after  1st  July,  18C7,  and  of  Bar- 
risttira  holding  intents  of  prceo- 
deiice. 


8ECTI0X. 


Precedence  of  other  Barristci's  de- 
termined by  louiori^. 

Act  not  to  affect  precedence  of  Bar- 
liater  acting  for  Queen  or  for 
Attorney  General. 


Whereas,   the  regiUation  of  the  Bar  in  Nova  Scotia  is  rrcamtdo 
vested  in  the  Provincial  Legislature,  and  it  is  exgedicmt  for 
the  orderly  conduct  of  business  l)efore  the  Provincial  Courts 
tliat  provision  bo  made  for  the  order   of  precedence  of  th6 
nienil)ei-a  of  such  Bar  in  such  Courts. 

Be  it  therefore  enacted  by  the  Governor,  Council  and  As- 
seniUy,  as  follows : 

1.  Tlie  following  members   of  tlie  Bar  in  this  Province  SJ;^[,^K: 
shall  have  precedence  in  the  Courts  of  the  Province  in  the 
following  order : 

(L)  The  Attorney  General,  for  tlic  time  being,  of  the 
Dominion  of  Canada : 

(2.)  The  Attorney  General,  for  the  time  l»eing,  of  the 
PiVivince : 

(}\.)  The  members  of  the  Bar  who  were,  before  the  firat 
day  of  July,  in  the  year  of  our  Lord  one  thousand  eiglit 
h.undred  and  sixty-seven,  appointed  Her  Majestv  s  Counsel 
for  Nova  Scotia,  so  long  as  they  are  Buch  Counsel,  according 
to  seniority  of  appointment  as  such  CounseL 

2.  Members  of  the  Bar  from  time  to  time  appointed  after  ?*gi^"^  ^^^^ 
the  first  day  of  July,  in  the.  year  of  our  Lord  one  thousand  ted  after'^T  *' 
eight  himdred  and  aixty-sevon,  to  be  Her  Majesty's  Counsel  ifiJSSif!^^ 
for  the  Province,  and  members  of  (lie  Bar  to  whom  from  ^'^.^ 
time  to  time  patents  of  precedence  JDJre  granted,  fthoU  ^ctv^t- 


tents 

iCQ. 


36 


37  Vic. 


ADDENDA. 


1874, 


ally  have  such  precedence  in  such  Courts  as  may  be  assigned 

to  thera  by  letters  patent,  which  may  be  issued   by  the 

Lieutenant  Governor  under  the  Great  Seal  of  the  Province. 

Precedence  of        3.    The  remaining  members  of  the  Bar,  shall,  as  between 

dltemSSSV.y"  themselves,  have  precedence  in  the  Courts  in  the  onlcr  of 

•eniority.  their  Call  to  the  Bar. 

Act  not  to  af-  4.  Nothing  in  this  Act  shall  in  anywise  affect  or  alter 
o?BarrSter*M?  ^^y  ^g^^  ^^  precedence  which  may  appertain  to  any  mem- 
ing  for  Queen  or  bcr  of  the  Bar,  whcu  acting  as  Counsel  for  Her  Majesty  or 
for  any  Attorney  General  of  Her  Majesty,  in  any  matter  de- 
))ending  in  the  name  of  Her  Majesty  or  of  the  Attorney 
General  before  such  Courts ;  but  such  right  and  precedence 
shall  remain  as  if  this  Act  had  not  been  passed, 


for  Attorney 
General 


CHAPTER   22. 

An  Act  declaratory  of  Chapter  22,  of  the  Acts  of  1872, 

entitled,  **  An  Act  to  amend  the  Act  to  improve 

the  Administration  of  Justice.*' 

(Passed  the  7th  day  of  May,  a.d.,  1874.) 


lEcnoN. 


1.  rowers  of  Jutlgos  under  Section  8, 
of  Chapter  22.  1872.  to  exteud  to 
regular  sittinga  at  Halifax. 


SECTION. 


Powers  of 


2.  Order  for  two  concun-ent  sittini:^  in 
tuch  caae  same  as  mider  Cliaiittrr 
22,  1S72. 

8.    Order  publiihed  15th  April.  Is74.  U 
galized. 

Be  it  enactc<l  by  the  Governor,  Council  and  Assembly,  a*^ 
follows : 

1.  All  the  powers  given  to  the  Judges  by  the  third  sec- 
sS^nTof  ^^^^  ^^  Chapter  22  of  the  Acts  of  1872,  entitled,  "  An  Act 
Chapter  22. 1872,  to  amend  the  Act  to  improve  the  Administration  of  Justice," 
rej^iar^'sittings  shall  bc  held  to  cxtend  to,  and  may  be  exercised  relatively 

to  the  regulai'  sittings  of  the  Supreme  Court  at  Halifax. 

2.  An  order  for  two  concurrent  sittings  of  the  Supreme 
Court  for  the  trial  of  causes  to  be  held  at  the  same  time  in 
either  of  the  regular  sittings  at  Halifax,  may  be  made  by  the 
Judges  in  the  same  manner  and  with  the  like  incidents,  as 
if  a  power  to  make  the  same  had  been  expressly  given  in 
and  by  such  section* 

Order  imiiiish^      3;    The  ordor  made  by  the  Judges,  and  published  in  tli* 
i^SuJS!:  ^'^*'  0<^^f^  netrspaper  on  the  fifteenth  day  of  April,  lS7^;Ait';    ^ 
the  holding  of  Innro  concurrent  sittings  of  the  Suprenie  lOwJiji*  *  i 
dUter  ikm  April  rittintf  of  the  present  year,  at  HatiteMtJfc  "^  *^^  * 


at  Halifax. 


Order  for  two 
concurrent  sit- 
tings in  such 
case  same  as 
under  Chapter 
22,  1872. 


1874. 


ADDENDA. 


37  Vic. 


37 


CHAPTER  23. 

An  Act  to  facilitate  the  Proof  of  Telegraphic  Messages, 

Letters,  and  other  Writings. 

(Pasticd  the  7th  day  of  May,  A.  D.  1874.) 


].  y:\nn  duo  notice  tiveii.  copj  of 
tclejfrniii,  ttc,  admitted  In  ©vl- 
ilunco.  in  Huu  of  original.    Pro- 

vIb«>.    rofetd. 


Seotiox. 
2.    lucuiibistcnt  law  rcponlcd 


Be  it  enacted  by  the  Govemor,  Council  and  Assembly,  as 
follows  : 

1.  In  any  action,   suit  or  other  proceeding  at  law  or  in  wiicnducno- 
e(juity,  in  the  cases  of  telegittphic  messages,  letters,  shipping  of^to?esTwu,&c.^ 
l)ills,  "bills  of  lading,  delivery  orders,  receipts,  accoimts  and  J^y\'J{{.JJ^|2,.p^ 
other  written  instioiments  used  in  business  and  other  trans-  of  orijriuai 
actions,  M'^hero,  accoixling  to  the  niles  of  law  existing  at  the 

passing  of  this  Act,  it  would  be  necessary  to  produce  an<l 
]>rove  the  original  documents,  the  party  intendmg  to  estal)- 
lisli  in  proof  the  content*  of  any  such  original  document  may 
give  notice  to  the  (>pT)osite  party,  ten  days  at  least  before  the 
trial  or  other  proceeding  in  whicli  such  proof  is  intended  t<» 
be  a^lduced,  tnat  he  intends,  at  such  trial  or  other  proceed- 
ing, to  give  in  evidence,  as  proof  of  such  contents,  an  instru- 
ment puiporting  to  be  a  copy  of  such  document,  and  which 
may  tlien  be  inspected  by  such  op[K)site  party  at  some  con- 
venient'tiiiie  and  i)laco ;  and  in  every  such  case  sucli  copy 
shall,  without  further  proof,  be  sufficient  evidence  of  the 
Contents  of  sucli  original  document,  and  be  taken  in  lieu  of 
such  original :  provided  always,  that  in  case  the  party  re-  ptovIbo. 
ceiving  such  notice  does,  witiiin  ihi*ee  days  after  the  time 
mentioned  therein  for  such  inspection,  give  notice  that  he 
intends  to  dispute  the  correctness  or  genuineness  of  such  cony' 
at  such  trial  or  proceeding,  and  to  require  proof  of  the 
original,  he  shall  be  at  liberty  so  to  do ;  and  the  Court  or  oosfci. 
Judge  before  whom  such  question  is  raised  may  direct  by 
which  of  the  parties  the  costs  which  may  thereui>on  attend 
any  ]>roduction  in  proof  of  the  original  document,  according 
io  the  law  heretofore  existing,  shall  Ikj  paid. 

2.  So  much  of  the  Chapter  of  the  Eevised  Statutes  rela-  inconaifitwt 
ting  to  witnesses  and  evidence,  or  of  any  other  existing  enact-  *^  '*^^"  ^ 
ment,  as  is  inconsistent  with  this  Act,  is  repealed. 


INDEX  TO  ADDENDA. 


^■iWi^— ^»«» 


Administration  of  justice,  amended . ; 3G 

Animals  and  birds  useful,  presei-vation  of 14 

Appointment  of  Commissioners  of  Supreme  Court. .  1 

"             Queen's  Counsel 34 

Apprenticeship,  transfer  of  indentures  of 20 

Areas,  mining,  boundaries  of ^^ 

Assembly,  election  of  members  of 3 — 4 


Bar,  precedence  of  regulated 35 

Birds  and  animaJs  uaeful^  preservation  of 14 

Blind,  deaf  and  dumb  children. ^ 

Boards  of  health,  and  infectious  diseases 7 

Building  of  certain  raijwi^s  encouraged 11 


Camp  Meetings,  sale  of  liquors  at  prevented 10 

Children,  deaf,  dumb  and  blind ^ 

"        transfer  of  apprenticeships  of 20 

Commissioners  of  Supreme  Court 1 

County  Courts,  established -- 

Court  Supreme,  administration  of  justice  in 3(3 

*'              Commissioners  of 1 


Deaf,  dumb  and  blind  children "^ 

Diseases  infectious,  and  boards  of  health 7 


Election  of  membei^s  of  assembly 3 — 4 

Evidence,  law  of  amended 37 


Fees  of  grand  jurors 34 

Fencing  of  private  railways 10 

Fourth  Series  of  Revised  Statutes ; 1 


Qraod  Jurora,  ieea  o^ 


INDEX  TO  ADDENDA,  39 

Health,  boards  of,  and  infectious  diseases 7 


Indentures  of  apprenticeship,  transfer  of 20 

Indei)endence  of  legislature  further  secured 2 

Infectious  diseases,  and  lx)ards  of  health 7 

Instruction  public 8 

Intoxicating  liquors  at  camp  meetings 19 

Licenses  for  sale  of 17 


tt 


Judicial  officers,  qualifications  of 21 

Jurors  grand,  fees  of 34 

Justice,  administration  of  in  Supreme  Court 36 


Laying  out  roads,  payment  of  siu-veyors  employed  by 

sessions  in 9 

Legislature,  independence  of  further  secured 2 

Lettei-s,  telegrams,  &c.,  proof  of  facilitated 37 

Lic^uors,  intoxicating,  licenses  for  sale  of 17 

sale  of  at  Camp  Meetings ....  19 


« 


Materials  for  public  works 9 

Members  of  assembly,  elections  of 3 — 4 

Mines  and  minerals 5 


Officers  judicial,  qualifications  of 21 


Poor,  settlement  and  supj)ort  of 8 

Precedence  of  Bar  regulated 35 

Preservation  of  usefcu  birds  and  animals 14 

Principal  judicial  officers,  qualifications  of 21 

Private  railways,  fencing  of 10 

Proof  of  telegrams,  letters  and  other  writings 37 

Prothonotaries,  when  eligible  to  judgeships 21 

Public  instruction  •  •  • 8 

"      Works,  materials  for 9 


Qualifications  of  principal  judicial  officers  •  • .  •  21 

Queen's  Counsel,  appointment  of  t .  • .  •  • 34 


i2aijb'oa(b^  pro  visions  reBpec^xsig  «••%%*%%«'««  ^  %%%%*'» 


40  INDEX  TO  ADDENDA 

Railways,  building  of  certain 11 

Revised  Statutes,  Fourth  Series,  act  res[)ecting I 

Roady,  payment  of  surveyors  employed  by  scssioiui 

in  laying  out..,, , U 


Settlement  and  support  of  poor . s 

Supreme  Court,  administration  of  justice  in :j<J 

"              Commissioners  of 1 

Surv.eyors,  payment  of  when  employed  on  roads  by 

sessions 1> 


Telegrams,  letters  and  other  writings,  proof  of .')7 

Transfer  of  indentures  of  apprenticeship -0 


Useful  birds  and  animals,  preservation  of J  4 


Works  public,  materials  for \) 

Writings,  proof  of  facilitated o7