(^atmii Sam Brljanl Hibratg 
 
Cornell University Library 
 KEN74411884 
 
 The revised statutes of Nova Scotia :fif 
 
 3 1924 016 981 197 
 
//(■ 
 
 JT O. 
 
AN ACT FOR THE PUBLICA'HON OF THE CONSOLIDATED 
 
 STA-klTESv 
 
 '1- ■ 
 
 [Passed the 19th day of April, 1884.] 
 
 Be it enacted by the Governor, Council, and Assembly as follows : 
 
 1. The Governor-in-Council shall cause the general Acts passed 
 during the present Session to be arranged under appropriate parts and 
 chapters, with the following words prefixed, 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, 
 as follows :" 
 
 And the same shall be published in consolidated form, with a 
 copious index, as soon as the same can be conveniently done ; and 
 when the same shall be so published the Governor shall by proclamation 
 declare the Acts so consolidated to be in force, and the same, or 
 so much thereof as shall not then be in operation, shall thereupon and 
 thereafter become and be in force. 
 
 2. The Act passed during the present Session, entitled, " An Act 
 to Improve the Administration of Justice," to be cited as " The Nova 
 Scotia Judicature Act, 1884," shall come into operation at the time 
 mentioned in section 2 of said Act ; and notwithstanding anything in 
 the preceding section of this Act, Chapters 89 and 94 of the Revised 
 Statutes, Fourth Series, and all amendments thereof, shall continue to 
 be in full force until the said Judicature Act shall come into 
 operation, after which all parts of said Chapters 89 and 94, and all 
 other chapters of the Revised Statutes, Fourth Series, and the 
 amendments thereto, or aijy Acts passed during the present Session 
 inconsistent with said Judicature Act or any Rules made under the 
 authority of said Act, shall cease to be in operation, and be no longer 
 
IV CONSOLIDATED STATUTES. 
 
 the law of the Province, and no part of said Chapter 94 or any other 
 Act or chapter inconsistent with the said Judicature Act or any Rule 
 made under the authority of said Act, shall be published in the 
 Consolidated Statutes, Fifth Series. 
 
 3. The chapters shall be arranged in such order as the Governor- 
 in-Council shall see fit, and sections may be re-numbered ; and wherever 
 sections of such chapters or of any Act are referred to by number, 
 and wherever Acts or chapters are referred to by title, such changes 
 may be made in the references to such numbers or titles as may be 
 requisite to preserve the sense and meaning of the enactment ; and 
 wherever the same provision is repeated in two or more different 
 chapters, the same may be omitted from one or more of such chapters, 
 provided that such provision shall be retained in at least one of such 
 chapters. 
 
 4. Chapters of such Consolidated Statutes may be brought into 
 earlier operation by being published in the Royal Gazette by order of 
 the Governor-in-Council, and chapters so published shall take effect 
 from such publication, or from the time otherwise expressed in any 
 proclamation of the Governor respecting the coming into operation 
 of the same. 
 
 5. Acts passed during the present Session, to which the assent of 
 the Governor has been or shall be given separately, shall come into 
 operation from the time when by law or by the provisions of said 
 Acts the same are appointed to come in force ; but nevertheless 
 such of said Acts as are of a general character shall be arranged 
 among and incorporated with the Consolidated Statutes, under their 
 respective parts and chapters. 
 
 C. All Acts in force on the first day of the present Session, which 
 shall not have since expired, or have been repealed by some such 
 separate Act as mentioned in the fifth section, or by some chapter 
 published in advance as mentioned in the fourth section, shall continue 
 in force, subject to any amendments which may have been made 
 thereto by any 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 shall upon and after the 
 publication of the Consolidated Statutes be repealed and cease to have 
 any force or effect. 
 
 7. The following chapters published in Appendix B. of the 
 Fourth Series shall be omitted from the Consolidated Statutes, and 
 not be published, as being exclusively within the jurisdiction of the 
 Dominion Parliament : — 
 
 Chapter 22 of Revised Statutes, Third Series, " Of the Peniten- 
 tiary.' 
 
 Chapter 23, Third Series, " Of Sable, Saint Paul's, and Scatterie 
 Islands, and of jjight Houses." 
 
CONSOLIDATED STATUTES. V 
 
 Chapter 32, Third Series, " Of an Electric Telegraph for Military 
 Purposes." 
 
 Chapter 75, Third Series, " Of Shipping and Seaman." 
 
 Chapter 79, Third Series, " Of Pilotage, Harbors, and Harbor 
 Masters." 
 
 Chapter 82, Third Series, " Of Bills of Exchange and Promissory 
 Notes." 
 
 Chapter 83, Third Series, " Of Currency," except section 5, which 
 shall be incorporated in Chapter of the Consolidated Statutes. 
 
 Chapter 94, Third Series, " Of the Coast and Deep Sea Fisheries." 
 Chapter 116, Third Series, " Of the Law of Copyright." 
 Chapter 117, Third Series, " Of Patents for Useful Inventions." 
 Chapter 158, Third Series, " Of Illegal Enlistment." 
 Chapter 165, Third Series, " Of Combinations of Workmen." 
 
 Chapter 5 of the Acts of 1865, " An Act to amend Chapter 128 of 
 the Eevised Statutes."' 
 
 Chapter 17 of the Acts of 1866, entitled, " An Act to Enforce the 
 Taking of the Oath of Allegiance." 
 
 Chapter 14 of the Acts of 1867, " Of Refining of Sugar and the 
 Manufacture of Tobacco." 
 
 All other chapters printed and published in the said Appendix, 
 not incorporated in their proper place in the Consolidated Statutes, 
 shall be published together in the form of an appendix thereto. 
 
 Chapter 70, Third Series, " Of Railroads," shall not be published 
 either in the Consolidated Statutes or any appendix thereto ; but 
 this omission shall not affect any existing railway charters, nor any 
 contracts now existing in relation to railway construction in Nova 
 Scotia, 
 
 8. Nothing herein contained shall affect or include local or 
 private Acts. 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924016981197 
 
..^^^T.^IL"Y'SIS 
 
 SEVERAL PARTS, TITLES, AIsTD CHAPTER^, 
 
 CONTAINED IN THE 
 
 REVISED STATUTES, 
 
 FIFTH SERIES. 
 
 PRELIMINAEY TITLE. 
 
 PACK 
 
 Chapter 1. Of the promulgation and construction of statutes 2 
 
 PART I. 
 
 OF THE GOVERNMENT AND ITS ADMINISTRATION, AND THE SOCIAL 
 ECONOMY OF THE PROVINCE. 
 
 TITLE I. 
 
 Chapter 2. Of the great seal of the province ■, 7 
 
 TITLE IL 
 
 OF THE LEGISLATURE. 
 
 Chapter 3. Of the composition, powers and privileges of the Houses 7 
 Chapter 4. Of the election of members of the House of Assembly. . 15 
 Chapter 5. Of controverted elections and corrupt practices 43 
 
Vlll 
 
 ANALYSIS. 
 
 TITLE III. 
 
 OP PROVINCIAL PROPERTY : ITS REGULATION AND MANAGEMENT. 
 
 PAGE 
 
 Chapter 6. Of the casual and territorial revenue 66 
 
 Chapter 7. Of mines and minerals 68 
 
 Chapter 8. Of the regulation of mines , 112 
 
 Chapter 9. Of the crown lands 142 
 
 Chapter 10. Of trespasses to crown property 149 
 
 Chapter 11. Of the public records 153 
 
 Chapter 12. Of the legislative library 154 
 
 TITLE IV. 
 
 OF PROVINCIAL OFFICERS. 
 
 Chapter 13. Of certain public officers, their salaries and duties 155 
 
 TITLE V. 
 
 OF COUNTIES, DISTRICTS AND TOWNSHIPS, AND THEIR OFFICERS. 
 
 Chapter 14. Of the boundaries of counties, districts and townships. .. 165 
 
 Chapter 15. Of sheriifs 166 
 
 Chapter 16. Of prothonotaries and clerks of the crown 175 
 
 Chapter 17. Of coroners 176 
 
 Chapter 18. Of special constables and preserving order 177 
 
 Chapter 1 9. Of the protection of constables 179 
 
 Chapter 20. Of jails and other county buildings 180 
 
 TITLE VL 
 
 OF THE SUPPORT OF PUBLIC WORSHIP. 
 
 Chapter 21. Of the Church of England 185 
 
 Chapter 22. Of religious congregations and societies 189 
 
 Chapter 23. Of assessments for repairs of meeting houses 195 
 
 TITLE VII. 
 
 OF THE PUBLIC HEALTH. 
 
 Chapter 24. Of practitioners of medicine and surgery 197 
 
 Chapter 25. Of the sale of drugs and medicines 206 
 
 Chapter 26. Of boards of health and infectious diseases 211 
 
 Chapter 27. Of nuisances 213 
 
 Chapter 28. Of rabid animals 217 
 
ANALYSIS. 
 
 IX 
 
 TITLE VIII. 
 
 OF EDUCATION. 
 
 PAGE 
 
 Chapter 29. Of public instruction 218 
 
 Chapter 30. Of the University of Halifax 248 
 
 Chapter 31. Of the education of deaf or deaf mute persons 258 
 
 Chapter 32. Of the education of the blind 260 
 
 TITLE IX. 
 
 OF PUBLIC CHARITIES AND THE POOR, 
 
 Chapter 33. Of the commissioners of public charities 262 
 
 Chapter 34. Of property granted in trust for hospital for insane 264 
 
 Chapter 35. Of the settlement and support of the poor 264 
 
 Chapter 36. Of poor districts 271 
 
 Chapter 37. Of the maintenance of bastard children 272 
 
 TITLE X. 
 
 OF LUNATICS. 
 Chapter 38, Of lunatics, and the custody and estates of lunatics 281 
 
 TITLE XL 
 
 OF AGRICULTURE. 
 
 Chapter 39. Of the encouragement of agriculture 298 
 
 Chapter 40. Of agricultural and land corporations 304 
 
 Chapter 41. Of farmers' clubs 306 
 
 Chapter 42. Of commissioners of sewers, and of dyked and marsh 
 
 lands .' 308 
 
 Chapter 43. Of common fields > 318 
 
 TITLE XII. 
 
 OF HIGHWAYS, BRIDGES, PUBLIC LANDINGS, FERRIES, AND RAILROADS. 
 
 Chapter 44. Of the laying out and management of certain great roads 321 
 
 Chapter 45. Of laying out roads other than certain great roads 325 
 
 Chapter 46. Of the expenditure of provincial road and bridge grants 328 
 
 Chapter 47. Of highway labor 335 
 
 Chapter 48. Of the preservation of roads 342 
 
 Chapter 49. Of closing roads • 344 
 
 Chapter 50. Of commissioners of streets 345 
 
X ANALYSIS. 
 
 PAGE 
 
 Chapter 51. Of bridges and public landings 352 
 
 Chapter 52. Of ferries 353 
 
 Chapter 53. Of railways 354 
 
 Chapter 54. Of arrangements between railway companies and their 
 
 creditors 419 
 
 Chapter 55. Of municipal aid in the construction of railways 421 
 
 TITLE XIII. 
 
 OF MUNICIPAL GOVERNMENT. 
 
 Chapter 56. Of county incorporations 425 
 
 Chapter 57. Of controverted elections of municipal and town council- 
 lors, and of corrupt practices 454 
 
 Chapter 58. Of municipal assessments 467 
 
 TITLE XIV. ■ 
 
 OF CERTAIN MUNICIPAL AND LOCAL REGULATIONS. 
 
 Chapter 59. Of supervisors of public grounds 486 
 
 Chapter 60. , Of subscriptions to public works 490 
 
 Chapter 61. Of industrial and exhibition buildings 491 
 
 Chapter 62. Of public markets 492 
 
 Chapter 63. Of fires and firewards 493 
 
 Chapter 64. Of boards of fire escapes 500 
 
 Chapter 65. Of the protection of woods against fires 507 
 
 Chapter 66. Of stray cattle and animals going at large 511 
 
 Chapter 67. Of fences, and impounding of cattle 513 
 
 Chapter 68. Of the transportation and use of gunpowder 516 
 
 Chapter 69. Of the conveying of timber and lumber on rivers, and 
 
 the removal of obstructions therefrom 518 
 
 Chapter 70. Of sea manure 520 
 
 Chapter 71. Of guide boards, and roads over ice 521 
 
 Chapter 72. Of public exhibitions 522 
 
 Chapter 73. Of the regulation and inspection of provisions, lumber, 
 
 fuel and other merchandise 523 
 
 Chapter 74. Of mills and millers 530 
 
 TITLE XV. 
 
 OF LICENSES. 
 Chapter 75. Of licenses for the sale of intoxicating liquors , 
 
 531 
 
ANALYSIS. 
 
 XI 
 
 TITLE XVI. 
 
 OF CERTAIN BIRDS AND ANIMALS. 
 
 PAGE 
 
 Chaptee 76. Of the preservation of useful birds and animals 548 
 
 TITLE XVII. 
 
 or IMMIGRATION. 
 Chapter 77. Of immigrants 559 
 
 TITLE XVIII. 
 
 OF CORPORATIONS AND PARTNERSHIPS. 
 
 Chapter 78. Of general provisions respecting corporations 562 
 
 Chapter 79. Of joint stock companies 567 
 
 Chapter 80. Of the winding up of incorporated companies 588 
 
 Chapter 81. Of library associations and institutes , 606 
 
 Chapter 82. Of incorporated sureties for officers 609 
 
 Chapter 83. Of partnerships and the registration of partnerships 611 
 
 PART II. 
 
 OP PROPERTY AND THE DOMESTIC RELATIONS. 
 TITLE XIX. 
 
 OF REAL PROPERTY. A.ND THE ALIENATION THEREOF. 
 
 Chapter 84. Of the registry of deeds and incumbrances affecting lands 623 
 
 Chapter 85. Of liens in favor of mechanics and others 628 
 
 Chapter 86. Of the property and' civil rights of aliens 635 
 
 Chapter 87. Of joint tenancy and tenancy in common 636 
 
 Chapter '88. Of estates tail 636 
 
 TITLE XX. 
 
 OF TITLE TO REAL AND PERSONAL PROPERTY BY WILL AND BY 
 
 DESCENT. 
 
 Chapter 89. Of vfills of real and personal estate 637 
 
 Chapter 90. Of the descent of real' and personal estate 643 
 
Xll 
 
 ANALYSIS. 
 
 TITLE XXI. 
 
 OF FRAUDS, PERJURIES, AND SECRET BILLS OF SALE. 
 
 * PAGE 
 
 Chapter 91. Of the prevention of frauds and perjuries 647 
 
 Chapter 92. Of the prevention of frauds on creditors by secret bills of 
 
 sale 649 
 
 TITLE XXIL 
 
 OF THE DOMESTIC RELATIONS. 
 
 Chapter 9-3. Of the solemnization of marriage 655 
 
 Chapter 94. Of the property of married women 661 
 
 Chapter 95. Of the prevention and punishment of wrongs to children 685 
 
 Chapter 96. Of guardians and wards 687 
 
 Chapter 97. Of the guardianship and care of drunkards 688 
 
 Chapter 98. Of masters, apprentices and servants 693 
 
 Chapter 99. Of the transfer of articles of indenture of apprenticeship 695 
 
 PART III. 
 
 OF COURTS, PROCEDURE, AND REMEDIES. 
 TITLE XXIIL 
 
 OF COURTS: THEIR CONSTITUTION, JURISDICTION, AND PROCEDURE. 
 
 Chapter 100. Of the probate court and procedure therein 697 
 
 Chapter 101. Of justices of the peace : their appointment and privi- 
 leges 722 
 
 Chapter 102. Of civil procedure in magistrates' courts 728 
 
 Chapter 103. Of summary convictions and orders by justices of the 
 
 peace 742 
 
 Chapter 104. Of the supreme court and procedure therein 799 
 
 Chapter 105. Of the county courts and procedure therein 1145 
 
 Chapter 106. Of juries 1167 
 
 Chapter 107. Of witnesses and evidense 1179 
 
 Chapter 108. Of barristers and attorneys 1188 
 
 Chapter 109. Of judges, justices, and other judicial officers 1194 
 
 Chapter 110. Of petition of right 1194 
 
 Chapter 111. Of the Supreme Court of Canada and the Exchequer 
 
 Court of Canada 1195 
 
ANALYSIS, 
 
 XUl 
 
 TITLE XXIV. 
 
 OF THE LIMITATION OF ACTIONS. 
 Chapter 112. Of the limitation of actions 
 
 PAGE 
 
 1196 
 
 TITLE XXV. 
 
 OF SUITS AND PROCEEDINGS IN CERTAIN CASES. 
 
 Chapter 113. Of suits by and against executors, administrators, and 
 
 trustees , 1205 
 
 Chapter 114. Of trusts and trustees , 1207 
 
 Chapter 115. Of arbitration 1214 
 
 Chapter 116. Of compensation to the families of persons killed by 
 
 accident 1220 
 
 Chapter 117. Of securing the liberty of the subject 1221 
 
 Chapter 118. Of the relief of indigent debtors confined in jail 1224 
 
 Chapter 119. Of estreats 1230 
 
 Chapter 120. Of inquiries concerning public matters 1234 
 
 TITLE XXVI. 
 
 OF CERTAIN PROCEEDINGS RELATING TO REAL PROPERTY. 
 
 Chapter 121. Of the writ of dower 1236 
 
 Chapter 122. Of the partition of lands 1239 
 
 Chapter 123. Of the sale of lands under foreclosure of mortgage 1247 
 
 Chapter 124. Of the sale of lands under execution , 1249 
 
 Chapter 125. Of tenancies and distress for rent 1255 
 
 Chapter 126. Of forcible entry and detainer 1260 
 
 Chapter 127. Of escheating lands forfeited to the crown 1261 
 
 TITLE XXVIL 
 
 Chapter 128. Op Costs and Fees 1263 
 
 INDEX TO CHAPTERS 1277 
 
 GENEEAL INDEX 1283 
 
 APPENDIXES. 
 
PROVINCE OF NOVA SCOTIA. 
 
 IN THE YEAR or OUK LORD ONE THOUSASTD EIGHT HUXDEED 
 AND BIGHTT-P-aUR, 
 
 AN ACT 
 
 FOR REVISING AND CONSOLIDATING THE 
 GENERAL STATUTES OF NOVA SCOTIA. 
 
 FIFTH SERIES. 
 
 B 
 
 E IT ENACTED, BY THE GOVEENOB, COIJNCIL AND 
 
 Assembly, as follows ; 
 
2 
 Chap. 1. 
 
 CONSTRUCTION OF STATUTES. 
 
 PRELIMINARY . TITLE. 
 
 OHAPTEE 1. 
 
 OF THE PROMULGATIOX AND CONSTRUCITION OF STATUTES. 
 
 All acts public. 
 
 Date of com- 
 mencement. 
 
 PlibUcatioii, 
 how evidenced. 
 
 Repeal or altera- 
 tion the same 
 session. 
 
 Revived by ex- 
 press enactment 
 only. 
 
 Proceedings 
 under rid acts 
 continued under 
 new. 
 
 Constiiiction of 
 acts ; nieajnn;r of 
 terms ; jreneral 
 provisions. 
 
 1. All Acts shall be deemed public, and may be declared 
 on and given in evidence, without being specially pleaded. 
 
 2. The Clerk of the Legislative Council shall endorse 
 on every act of the Legislature of Nova Scotia, immediately 
 after the title of such act, the day, month and year when 
 the same was by the Lieutenant-Governor assented to, or 
 reserved, and in the latter case the Clerk of the House of 
 Assembly shall endorse thereon the day, month and year 
 when the Lieutenant-Governor has signified, either by 
 speech or message to the Legislature, or by proclamation, 
 that the same was laid before the Governor-General-in- 
 Council, and that the Governor-General was pleased to 
 assent to the same ; and such endorsement shall be taken 
 to be a part of the act, and the date of the assent or 
 .signification shall be the date of the commencement of the 
 act, if no other date of commencement is therein provided. 
 
 3. Printed copies of acts published in the Royal 
 Gazette newspaper, in Halifax, or purpoi-ting to be published 
 by the Queen's Printer for the Province, shall be evidence 
 of such acts. 
 
 4. Any act niay be altered or repealed during the 
 session in which it shall have passed. 
 
 5. No act nor any portion of an act that shall have been 
 repealed, shall be revived, unless by express enactment. 
 
 6. Where an act shall be repealed in ^vhole or in part 
 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. 
 
 7. In the construction of acts, the following rules shall 
 be observed, unless otherwise expressly provided for, or 
 such construction would be inconsistent with the manifest 
 
TREL. TITLE.] CONSTRUCTION OF STATUTES. -S 
 
 intention of the legislature, or repugnant to the context, Chap. 1. 
 'that is to say : 
 
 (a.) The words " Queen " or " Her Majesty " shall 
 include Her Majesty, her heirs or successors. 
 
 (&.) " Lieutenant-Governor " or " Governor " shall 
 include the Lieutenant-Govei-nor, or other the chief 
 -executive officer or administrator for the time being carry- 
 ing on the Government of the Province, hy whatever 
 title he is designated. 
 
 (c.) " Justice " shall signify Justice of the Peace, and 
 " Stipendiary Magistrate " shall include Stipendiary Magis- 
 trates appointed by the Council of any Municipality or the 
 Town Council of any incorporated Town, and wherever 
 ;pGwer is given to a Justice of the Peace to do any 
 ministerial iv judicial act, the same may be done by any 
 Stipendiary Magistrate within his j mrisdiction as such 
 Magistrate. 
 
 (d.) "Prothonotary " shall include deputy prothonotary. 
 
 (e.) " Clerk of the Crown " shall include deputy clerk 
 «of the crown. 
 
 (/.) " Jail "" shall mean County Jail ; and where 
 Imprisonment is prescribed it shall mean imprisonment in 
 the jail or other building within the County, in which 
 •debtors may be legally imprisoned. 
 
 (gr.) " Warraat " shall signify warrant under hand and 
 seal. 
 
 (A.) " Grantor " may be construed as including every 
 ;person from whom any freehold estate or interest passes 
 hj deed ; and " grantee " as including every person to 
 whom any such estate or interest passes in like manner. 
 
 (i.) " Land," " lands,'' or " real estate " shall include 
 lands, tenements, and hereditaments, and all rights thereto 
 ■and interests therein. 
 
 (j.) " Goods " shall mean personal property. 
 
 (Jc.) ^' Issue," as applied to the descent of estates, shall 
 he construed to include all lawful lineal descendants of the 
 ancestor. 
 
 (l.) " Representatives " shall, include executors and 
 iadministrators. 
 
 (m.) " Wills " shall include codicils, 
 
 (n.) " Month " shall signify a calendar month, and 
 •" year " a calendar year ; and " year " alone shall be 
 •equivalent to the expression " year of our Lord." 
 
 (o.) " Oath " shall include aiSrmation in cases where 
 by law an affirmation may be substituted for an oath ; and 
 in like cases the word " sworn " shall include the word 
 ■"affirmed." 
 
4 CONSTRUCTION OF STATUTES. 
 
 Chap. I. {p) " Person " may extend to bodies poHtic anA 
 
 corporate as well as to individuals. 
 
 (q.) " Folio " shall mean ninety words: 
 
 (r.) " Sureties " shall mean sufficient sureties, and 
 " security " shall mean sufficient security ; and where these 
 words are used one person shall be sufficient, unless other- 
 wise expressly required. 
 
 (.s.) Every word importing, the singular number only 
 may extend to several persons or things as wel-l as to one 
 person or thing; and every woitJ importing the plural 
 number only, may extend to one person or thing as well as 
 to several persons or things ; and every word importing the 
 masculine gender only,, may extend to females as well as to. 
 males. 
 
 (t.y All- words purporting to give a joint authority to- 
 three or more persons, shall be construed as giving authority 
 to a majority of such persons. 
 
 racS-S '° *" 8- Where authority to make appointments to- public 
 situations, is conferred, it shaJl include the power tO' fill up 
 vacancies caused by death, resignation,, removal, or refusal 
 to. act. 
 
 By.-iaws, power 9. Where power t0- malie by-laws, regulations, rules 
 ajid make *'"''^ '^^ orders is Conferred, it shall include the power to alter or 
 
 revoke the same, and make others.. No by-law shall be 
 
 enforced if repugnant to law. 
 County oimuni- 10. When it is declared that any matter is, to form a 
 recovered^" '"™' county Or municipal charge, the expense shall be assessed, 
 
 levied and collected with and by the same means as by law 
 
 directed with regard to other moneys for county or 
 
 municipal purposes, 
 jorms. II' Where forms are prescribed, slight deviations 
 
 therefrom, not affecting the substance or calculated ta 
 
 mislead, shall not vitiate them. 
 
 Sunday, &c. 12. If the day upon which an act is to be done shall 
 
 fall on a Sunday, Christmas Day, or Good Friday, or any 
 day set apart by proclamation for a public fast or public 
 thanksgiving, the same shall be performed on the day 
 following. 
 
 Hour of the 13. Whenever, in the Statutes of the Province, any act 
 
 dian""" "'""is directed to be performed at any hour of the cloek, such 
 hour shall be held to mean the hour of the day as it shall 
 then be at the sixtieth meridian of longitude. 
 Justices may 14. Justiccs of the Pcacc may administer all oaths 
 
 administer oaths .^i^ith regard to the taking of which no particular directions, 
 
 are given. 
 Quakers, &c., 15. Quakers or Moravians, where an oath ia prescribed, 
 
 how swoin. j^j^y^ instead of taking the same, solemnly affirms in manner 
 
;\Pr¥l. Title.] construction 'OS' sTATtrTas. 5 
 
 'used in their religion ; and such affirmations shall halv'e theCHAI'. 1. 
 like effect, and render the .parties taking them liable to the 
 like penalties, it' false, as attach to oaths. 
 
 1 6. Where a ^enaltj^ shall be im,posed, an<il no .particular penalties, how 
 ■mode be prescri-bed for the recovery thereof, the same may appropriated^ 
 'be recovered in the •name of any .person who will sue 
 therefor, in the same manner and with the like costs as if 
 it were a .private delat due such ;person, the nature of the 
 offence being briefly stated in the summons, except that 
 ■the foregoing provisions shall not a.pply to penalties 
 recoverable before 'a justice 'or .justices of the peace, or 
 •Stipendia];y Magistrate ; and where no particular mode of 
 applying the -penalty shall be prescribed, the same shall be 
 paid, one-half to the .person who shall have sued therefor, 
 iand the other half 'to the overseers of the .poor for -the 
 place where the offence wa,s committed, for the use af the 
 .poor thereof.* And where a ipenalty or .part thereof shall 
 be for the use of the poor, it shall be paid to the overseers 
 •of the ^oor for the iplace where the -offence was committed, 
 for the use of the ipoor thereof. 
 
 The imj»osition of a j)enalty shall not relieve any rperson 
 from, liability to answer for fecial damages to a party 
 -injured. 
 
 All penalties and forfeitures not exceeding forty certain penalties 
 •dollars may be sued for and recovered before any two "'^'^^ ^"''' ^°''' 
 justices of the peace, but if incurred within the City of 
 -Halifax, before ihe Giiy Court. 
 
title i.] of the legisi,ature. 7 
 
 •Chap. 2. 
 
 PART I. 
 
 OF THE GOVERNMENT AND ITS ADMINISTRATION, 
 
 AND THE SOCIAL ECONOMY OF THE 
 
 PROVINCE. 
 
 TITLE I. 
 
 CHAPTER 2. 
 
 OF THE GREAT SEAL OF THE PROVINCE. 
 
 1. There shall be a great seal of the Province, and it Govmior-in- 
 shall be hereafter lawful for the Lieutenaiit-Governor-in- ahmseGrelt 
 Council to alter and change the Great Seal of th« Province, ^'^'''■ 
 from time to time, as to him shall seem fit and proper. 
 
 2. Whenever the Lieutenant-Governor-in-Council shall change shall te 
 see fit to alter and change the Great Seal, he shall issue a '"'°'^'''™^'*- 
 proclamation under his hand and seal directing when such 
 
 change shall take effect, and specifying so far as can he the 
 alterations made, and describing the Seal so ordered and 
 proclaimed to be thenceforth used. 
 
 3. Until altered under the provision of this Chapter, present seal «)n- 
 the Great Seal at present in use shall continue to be the ciiTrfged"""' ^" 
 Great Seal of this Province. 
 
 TITLE 11. 
 
 OF THE LEGISLATURE. 
 
 CHAPTER 3. 
 
 OF THE COMPOSITION^, POWERS AND PRIVILEGES OF THE 
 
 HOUSES. 
 
 1. The appointment of members of the Legislative Appointment ot 
 Council of the Province of Nova Scotia shall be vested inco°'^JX,|. 
 the Lieutenant-Governor, who shall make such appoint- 
 ments in the Queen's name, by instrument under the Great 
 Seal of the Province. 
 
8 POWERS AND PEiriLEGES- [PAET i. 
 
 Chap. 3. 2. The House of Assembly shall be composed of thirty- 
 
 Composition of eight members, of whom three shall be elected by ther- 
 the^House of As- County of Halifax, three by the County of Pictou, and two' 
 
 by each of the other counties. 
 Qualification. 3. A person capEtble of being elected a member of the 
 
 Assembly shall be a male British subject, of the age of 
 
 twenty-one years and upwards. 
 What absence 4. Any member of the Legislative Council who shali 
 
 shall vacate seat. ]-,g aijsent from his place therein for two sessions consecu-- 
 
 tively without the consent of the Lieutenant-Governor, 
 
 shall vacate his seat as such councillor. 
 Seats, how vaca- 5. Any member of the House of Assembly may by 
 t*"!- wa'itten notice to the Provincial Secretary, or Speaker of 
 
 the House if in session, vacate his seat. 
 
 ofBces which 6. If any member shall accept any of the following' 
 
 vacate seats. oflSces, his Seat shall become vacant, but he may be- 
 re-elected ; that is to say, the offices of Attorney-General,, 
 Provincial Secretary, Commissioner of Public Works and 
 Mines ; 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 the same or any other of such 
 offices, he shall not thereby vacate his seat in such 
 Assembly 
 
 VacaTieiea, how 7. Whenever a seat shall become vacant a writ shall 
 
 supplied. ^ issued to supply the vacancy. 
 
 Speaker's seat, 8. The Speaker may vacate his seat as Speaker and 
 
 how vacated, member, either by a declaration to that effect in the house, 
 
 if in session, or by written notice to the Provincial Secre-- 
 
 tary, in which case a writ shaJl be issued to supply the 
 
 ■vacancy. 
 
 Duration of 9. No G^neT^il Assembly shall determine merely in 
 
 Effected by"deV®®'^^®1"®'^'^® °^ ^^^ demise of Her Majesty. 
 
 of Queen. jQ ^hc General Assembly shall continue for four 
 
 Duration of As-ycars froin the expiration of forty days next after the 
 
 sanbiy. issuing of wrjts for any general election, unless sooner 
 
 dissolved, and no longer. 
 Persons incapa- 11. No person shall be capable of being appointed to 
 members'^of'^ or of sitting Or Voting in the Legislative Council of this 
 cither house. Province, or of being elected to or of sitting or voting in 
 the House of Assembly, who shall at the time of such 
 appointment to the Legislative Council, or at the time of 
 his being nominated a candidate at such election, hold 
 under the Government of this Province, or of the Dominion 
 of Canada, any one of the following offices, that is to say : 
 Judge of the Supreme or County Court, 
 Judge of the Court of Vice Admirailty,. 
 
Title it.] powers anc privileges. '<8 
 
 Judge of Probate or Eegisfcrar of Probate, Chap. 3i 
 
 Postmaster or Deputy Postmaster, 
 
 Deputy Surveyor of Crown Lands, 
 
 Registrar of Deeds, 
 
 Prothonotary, 
 
 Clerk of the County Court, 
 
 Officer or clerk of the customs, or of colonial or light 
 duties, or person concerned in the receiving or managing 
 of any moneys to be collected under any of such depart-^ 
 ments, 
 
 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 Doininidri 
 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. 
 
 12. Any member of the Legislative Council or of the Membera accept- 
 tlouse of Assembly, accepting any one of such offices after Seir seatg!""^" 
 his appointment or nomination shall vacate his seat thereby. 
 
 13. The appointment, nomination, election, or return, Appointment, 
 of persons disabled as hereinbefore mentioned, shall bevow'.'""' °" 
 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 
 he .shall so .sit or vote, to be recovered in the Supreme 
 Court by any persoh, and in his oWn name, who will sue 
 therefor.' 
 
 14. No person referred to in the eleventh section of Effect of resigna-- 
 this Chapter shall be deemed eligible to or qualified to sit*'°°°* ""'="• 
 in either braneh of the legislature of this Province, unless 
 
 he shall have resigned his office or employment before the 
 day of nomination or of his appointment to a seat in the 
 Legislative Council, and signified in writing such resig- 
 nation to the Provincial Secretaryj 
 
 15. Nothing in the four next preceding sections of Exceptions, 
 this Chapter shall be held to apply to or' in any manner 
 
 affect any departmental officer in the Provincial Govern- 
 ment, or any surveyor of shipping, fishery warden, officer 
 of militia, person employed in taking the census, or any 
 person acting in the capacity of Queen's counsel or justice 
 of the peace. 
 
10 POWERS AND PRIVILEGES. [PART I, 
 
 Chap. 3. 16. No person being a member of the Senate or House 
 
 Members of Sen- o^ Commons of Canada shall be capable of being appointed 
 
 ate and Hoiisc ^q Or of sitting or Voting in the Legislative Council of this 
 
 eiigiWeX'^LeK- Provincc, or of being elected to or of sitting or voting in 
 
 of*'Houso''T"the House of Assembly thereof: and if any person, being a 
 
 Assembly. 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 Commons 
 
 of Canada, or shall cause, suffer or permit himself to be 
 
 Member of Leg- nominated as a candidate for the representation of any 
 
 ingcandidate°for electoral district in the House of Commons of Canada 
 
 House of corn-^^ g^j^y election of members to serve in such House of 
 
 mons to vacate J iiiii i* 
 
 his seat. Commons, he shall thereby vacate his seat, and shall be 
 
 incapable of sitting or voting in the Legislative Council 
 or House of Assembly, as the ease may be, unless he shall 
 be thereafter re-appointed to such Legislative Council or 
 re-elected to such House of Assembly. 
 Penalty for such 17. If any person who by the next preceding section; 
 rotfnff ^'"'"*' °' °^ ^^^ Chapter is made incapable of sitting or voting in 
 the Legislative Council or House of Assembly does never- 
 theless, while so incapable, so sit or vote, he shall forfeit 
 the sum of one thousand dollars for every day he so sits or 
 , votes, to be recovered in the Supreme Court by any person 
 who will sue therefor. 
 Persons disquaii. 18. No persou who is declared to be incapable or who 
 nSnioT'Eiecttau '^^'^ bccome incapable of being elected to or of sitting in 
 Law not eligible, the Housc of Commous of Canada by or by reason of the 
 judgment or finding of any tribunal instituted or pro- 
 ceeding under the authority of " the Dominion Controverted 
 Elections Act of 1874" or any other act of the Parliament 
 of Canada relating to the trial of controverted elections 
 of members of the House of Commons of Canada, shall be 
 capable of being a candidate for or of being e],ected or 
 returned to the House of Assembly, or of being appointed 
 to the Legislative Council, so long as such incapacity or 
 disqualification shall continue. 
 Meaningof terms 19. In this Chapter, unless the context precludes such 
 in this chapter, construction, the M'ord "house" or "houses" shall mean 
 House or Houses of the Legislature of Nova Scotia, and 
 the word "committee" shall mean any standing, special 
 or select committee of either house, or any joint committee 
 of both houses. 
 Legislature of 20. In all matters and cases not specially provided for 
 have%ame*privi'-^y ^"^^ Chapter, or by any other statute of this Province, the 
 leges as Pariia- Legislative Couucil of this Province and the committees 
 men o ana a. ^^g members thereof respectively, shall at any time hold, 
 enjoy and exercise such and the like privileges, immunities 
 and powers as shall be for the time being held, enjoyed 
 and exercised by the Senate of the Dominion of Canada, 
 
TITLB II.] POWERS AND PRrVIl.EGES. II 
 
 and by the respective committees and members thereof, Chap. 3. 
 
 and the House of Assembly and the committees and ' 
 
 members thereof, respectively, shall, at any time, hold, 
 
 enjoy and exercise such and the like privileges, immunities 
 
 and powers as shall for the time being be held, enjoyed 
 
 and exercised by the House of Commons of Canada, and 
 
 by the respective committees and members thereof ; and 
 
 such privileges, immunities and powers, of both houses, 
 
 shall be deemed to be and shall be pai't of the general and 
 
 public law of Nova Scotia, and it shall not be necessary to 
 
 plead the same, but tiie same shall in all courts of justice 
 
 in this Province, and by and before all justices and others, 
 
 be taken notice of judicially. 
 
 21. Upon any inquiry touching the privileges, immuni- journals c. 
 ties or powers of either house, or of any of the committees ^^^^^ '"^"^^ 
 or members thereof respectively, any copy of the journals evidence, &c. 
 of either of such houses printed or pui'porting to be printed 
 
 by the order of the same, shall be admitted as prima facie 
 evidence of such journals by all courts, justices and others, 
 without any proof being given that such copy was so 
 printed. 
 
 22. Any committee may require that facts, matter and committee may 
 things relating to the subject of inquiiy before suchnessessonoatV. 
 committee be verified, or otherwise ascertained by the oral 
 examination of witnesses, and may examine such witnesses 
 
 upon oath ; and for that purpose the chairman or any 
 member of such committee may administer an oath in the 
 form following or to the like effect, to any such witness : 
 
 " The evidence you shall give to the committee, touching Form of oath. 
 (stating here the '^natter then before the committee), shall be 
 the truth, the- whole truth and nothing but the truth. So 
 help you God." 
 
 23. Where witnesses are not required to be orally Affldavits.befor 
 examined before such committee, any oath, affirmation, w**""^ ^^'^^"• 
 declaration or affida,vit in writing, which is required to be 
 
 made or taken by or according to any rule or order of 
 either house, or by direction of any such committee, and 
 in respect to any matter or thing pending or proceeding 
 before such committee, may be made and taken before any 
 clei'k of either house, any commissioner for taking affidavits 
 in the Supreme Court or any notary public. 
 
 24. Either house may at all times command and Either House 
 compel the attendance before such house or before any ^"tJ„^°™P°'„( 
 committee thereof, or before any joint committee of both witnesses, &c. 
 houses, of such persons, and the production of such papers 
 
 and things as such house or committee may deem necessary 
 for any of its proceedings or deliberations. Any person 
 neglecting or refusing to attend, or to produce such papers 
 
12 POWERS AND PRIVILEGES. [PAET L 
 
 Chap. 3. and things before such house or committee, shall be guilty 
 
 ~ of a violation of this Chapter. 
 
 immunity for 25. No person shall be liable in damages or otherwise 
 
 fcrtain acts. f^j. ,^^j ^^^ ^j^j^g ujjfjer the authority of either house and 
 within its legal power, or under or by Virtue of any warrant 
 issued under such authority ^ all such Warrants may com^ 
 mand the aid and assistance of all sheriffs, bailiffs, constables 
 and others ; and every refusal or failure to give such aid 
 or assistance when required shall be an infringement of 
 this Chapter. 
 
 Members not 2&. No member of either house shall be liable to any 
 
 liable to action • •! j.* j.* i. • ■ j. j 
 
 in certain cases, civil action Or prosecution, arrest, imprisonment or damages, 
 by reason of any matter or thing brought by him by 
 petition, bill, resolution, motion or otherwise, or said by 
 him before such house ; and the bringing of any such action 
 or prosecution, the causing or effecting any such arrest or 
 imprisonment and the awarding of any Such damages,, shall 
 be deemed violations of this Chapter. 
 Members not 27. Except for any breach of this Chapter, no member 
 
 dSringSes'ston, ®^ either house shall be liable to arrest^ detention or 
 *"=• molestation for any debt or cause whatever of a civil 
 
 nature, during any session of the legislature, or during 
 the fifteen days preceding or the fifteen days following 
 such ession ; and any such arrest, detention or molestation 
 shall be an infringement of this Chapter. 
 Members cKemp 28. During the periods mentioned in the next preceding 
 on juriTs,^!™"^ section, all members, officers and employ/n of eitlier house, 
 and all witnesses summoned to attend before either house 
 or any committee, shall be exempt from serving or attending 
 as jurors before any court of justice in this Province. 
 ■Certain things to 21). The foUowing acts, matters and tilings are pro- 
 WngtSte 'ofhibited, and shall be deemed infringements of this Chapter; 
 this'c.iapter. ^ | -^ Insults to or assaults or libels upon members of 
 
 either house during the Session of the legislature. 
 
 (2.) 'Obstructing, threatening or attempting to force or 
 intilnidate members of either house. 
 
 (3.) 'The refusal or failure of any member or officer of 
 either house, or other person, to obey any rule, order or 
 resolution of such house. 
 
 (4.) The offering to or acceptance by any member of 
 either house of a bribe to influence him in his proceedings 
 as such, or the offering to or acceptance by any such 
 member of any fee, compensation or reward for or in 
 respect of the promotion of any bill, resolution matter or 
 thing submitfjed to or intended to be submitted to either 
 house or any committee. ' 
 
 (5.) Assaults upon or interference with officers of ' 
 either house while in the execution of their duty. 
 
TITLE ll.j POWERS AND PRIVILEGES. Ig 
 
 (6.) Tampering with any witness in regard to evidence Chap. 3. 
 to be given by him before either house or any committee. ' 
 
 (7.) Presenting to either house or to any committee 
 any forged or falsified document, with intent to deceive 
 such house or committee. 
 
 (8.) Forging, falsifying or unlawfully altering any of 
 the records of either house or of any committee, or any 
 document, or petition presented or filed, or intended to be 
 pre,sented or filed before such house or committee, or the 
 setting or subscribing by any person of the name of any 
 other person to any such document or petition with intent 
 to deceive. 
 
 30. Each house shall be a court of record, and shall House to be a, 
 have all the rig'hts and privileges of a court of record forfor"'p«?posero'| 
 the purpose of summarily ' inquiring into and (after the ''''^ ''''"■p*®''- 
 lapse of twenty-foiir hours) punishing the acts, matters 
 
 and things herein declared to be violations or infringements 
 of this Chapter ; and for the purposes of this Chapter each 
 house is hereby declared to possess all such powei"s and 
 jurisdiction as may be necessary for inquiring into, judging 
 and pronouncing upon the commission or doing of any such 
 acts, matters or things, and awarding and carrying into exe- 
 cution the punishment thereof provided for by this Chapter, 
 and amongst other things each house shall have power to 
 make such rules as may be deemed necessary or proper for 
 its procedure as such court as aforesaid. 
 
 31. Every person who shall be guilty of an infringement imprisonment 
 or violation of this Chapter shall be liable therefor (in addi- thL^hapter," 
 tion to any other penalty or punishment to which he may 
 
 by law be subject) to an imprisonment for such time during 
 the session t)f the legislature then being held, as may be 
 determined by the house before whom such infringement 
 or violation shall be inquired into. The nature of the 
 offence .shall be succinctly and clearly stated and set forth 
 on .the face of any warrant issued for a commitment under 
 this section. 
 
 32. Either house may establish rules for its government Rules forattend- 
 and the attendance and conduct of its members, and alter, '^"""' *°"- 
 amend and repeal the same ; and may punish members for 
 disorderly conduct or breach of the rules of such house. 
 
 The rules and orders of each house existing at the time 
 this Chapter shall come into operation shall continue in force 
 as far as applicable, until altered, amended or repealed. All 
 rules of either house not inconsistent with this Chapter 
 shall have the force and effect of law, until altered, amended 
 or repealed by such house. 
 
 S3, The determination of the proper house upon any Detei-mini>tion 
 proceeding, under this chapter shall be final and oonclusiT®, '*^ ''""'^ ""^^ 
 
14 POWERS ANt) PRIVILEGES. [PAET T. 
 
 Chap. 3. 34. In case of any civil proceeding or prosecution 
 
 In cage of pro- against any person for or on account or in respect of the 
 feedings against publication of any copy or any report, paper, votes or 
 
 :any person fori" .. -.i i '' ji. j <■ j 1 ^ j.^ j. £ 
 
 publication of proceedings or either house, the detendant at any stage of 
 IXer House,' &c. the proceedings may lay before the court or judge such 
 report, paper, votes or proceedings, and such copy, with an 
 affidavit verifying such report, paper, votes or proceedings, 
 and the correctness of such copy; and the court or judge 
 shall immediately stay such civil proceeding, and the same, 
 and every writ or process issued therein, shall be and shall 
 be deemed to be finally put an end to, determined and 
 superseded by virtue of this Chapter. 
 
 jEvidenee under 35. It shall be lawful in any civil proceeding against 
 luch')rooeedin"c ^^J person for printing any extract from or abstract of 
 " any such report, paper, votes or proceedings, to give in 
 evidence (under the general issue or denial) such report, 
 paper, votes or proceedings, and to show that such extract 
 or abstract was published bona fide, and without malice; 
 and if such shall be the opinion of the court, or of the 
 jury, as the case may be, judgment shall be rendered or a 
 verdict shall be entered for the defendant. 
 
 Prmt(,a ipy of 36. In any such proceeding any copy of the journals 
 
 '^wm» /a°ii'^ of either house, printed or purporting to be printed by 
 
 evidence. Order of the same, shall be admitted as privia facie evidence 
 
 of such journals by all courts, justices and others, without 
 
 any proof being given that such copies were so printed. 
 
 Members not to 37. No member of either house shall accept or receive, 
 
 satuSr (°oTpr^ either directly or indirectly, any fee, compensation or 
 
 raoting buis, &o. reward, for or in respect of the promoting of any bill, 
 
 resolution, matter or thing submitted or intended to be 
 
 submitted to the consideration of either house or of any 
 
 committee. 
 
 .Attorney, kc, 3^- '^^ barrister, soliciior ©r attorney, who in the 
 
 membefnoTto"'' P'^^'^*'^'^® °^ ^^^ profession is a partner of any member of 
 (receive 6uoh either house, shall accept or receive, either directly or 
 «ompensation. indirectly, any fee, compensation or reward as aforesaid. 
 
 (Penalties. 39- Any person violating the provisions of the two 
 
 preceding sections of this Chapter shall be subject to a 
 penalty ef three hundred dollars, over and above the 
 amount or value of the fee, compensation or reward 
 accepted or received by him, to be recovered by any one 
 who will sue therefor, one half thereof to be paid to the 
 person so suing, and the other half to the Provincial 
 
 iProviso. Treasurer for the public uses of this Province : Provided 
 
 however that if the person so suing either shall have been 
 a party to or otherwise implicated in such violation of 
 this Chapter, or shall become a witness .at the tibial oi the 
 
TITLE n.] HOUSE OF ASSEMBLY, 15 
 
 suit for such penalty, the whole amount recovered shall be Chap. 4. 
 paid to the Provincial Treasurer for the uses aforesaid. ' ' 
 
 40. Nothing in this Chapter shall be construed to Not to conflict 
 contravene or conflict with any Legislation (intra vires) or'imperfat ''" 
 of the Parliament of Canada, or with any enactment of p*"^"^'"^"'- 
 the Imperial Parliament in force in this Province. 
 
 OHAPTEK 4. 
 
 OF THE ELECTION OP MEMBERS OF THE HOUSE OF ASSEMBLY. 
 
 BBGISTEB OS VOTERS. 
 
 1. The Municipal Council in every municipality, the Municipal coun- 
 City Council in the City of Halifax, and the Town Council power "to divTde 
 in every incorporated town, shall have power from time tofi^t^o^^j^y;, *1;^ 
 time to divide the county, district, city or town over which '/ona una appoint 
 they have jurisdiction, into so many sections, to be called 
 
 revisal sections, as they shall deem fit, including in each 
 section not less than two. nor more than five polling 
 districts, and every such municipal and town council shall 
 for each revisal section annually appoint three persons as 
 revisors, who shall be duly sworn to the impartial perform- 
 ance of their duty in the form prescribed in schedule A. to 
 this chapter. In the City of Halifax any three or more of provisions as to 
 the Alderraen, to be appointed in each year as the other ^^^^' "' Halifax, 
 city ofiicers are appointed, shall annually revise the list of 
 electors within the city qualified to vote at elections for the 
 Assembly in the manner and at the times in this Chapter 
 presci'ibed, and such persons shall before entering on their 
 duties be sworn to the impartial performance thereof in 
 the form prescribed in schedule A. 
 
 2. Unless and until otherwise arranged under theRcvisai sections 
 authority of this Chapter, the revisal sections throughout esubilshed "ex^ 
 the Province shall remain as now established, save that each ^^P^'g'" '"''*'" 
 incorporated town shall constitute a revisal section, and the 
 
 City of Halifax shall constitute a single revisal section as 
 heretofore. 
 
 3. The sheriff of each county in the province shall sheriff siiaii ae- 
 ascertain the number of or probable number of persons ofvoteraandsub- 
 qualified to vote in each district where voters are so ?j[^'^^g,j.'jj^,''iM- 
 entitled to vote ; and if such district comprises more than sions, ax polling 
 three hundred voters, he shall sub-divide the said district granTadditfonai 
 into polling divisions in a convenient manner, so that there ^""'"^ p'^^^- 
 shall be at least one polling division for every two hundred 
 
16 
 
 HOUSE OF ASSEMBLY. 
 
 [part I. 
 
 Chap. 4. 
 
 Sheriff shall fur- 
 nish boundaries 
 and number of 
 polling divisions 
 to Clerk of Muni- 
 cipality and fur- 
 nish the same to 
 assessors. 
 
 Hherifl may 
 Include parts of 
 polling districts. 
 
 Divisions not to 
 affect districts at 
 present estab- 
 lished except, 
 &c. 
 
 Clerk of City of 
 Halifax 
 
 discharges duties 
 (or City. 
 
 Divisions by 
 Sheriff 
 
 co-terminus with 
 sub-divisions for 
 elections for 
 House of Com- 
 monSj of Canada, 
 
 Lists to be made 
 and given to re- 
 visors. 
 
 voters ; and he shall also fix a polling station in a central 
 and convenient place in each polling division ; and the 
 sherifF may in his discretion grant suoh additional polling 
 places in such polling division as the extent of the division 
 and the remoteness of any body of its voters from the 
 polling place may render necessary, although the voters 
 thereof may be less than the number above specified. 
 
 4. The sheriflf of each county shall furnish the clerk 
 of the municipality with the boundaries and number- of each 
 polling division, so made or sub-divided by him. And the 
 clerk of the municipality shall furnish the assessors of 
 each polling district so sub-divided v?ith the boundaries or 
 description of such polling division, as received from tho 
 sheriflF. 
 
 .5. The shei-iff, in dividing polling districts, may, if he 
 deems it expedient or more convenient for voters, include 
 in any division parts of one or more polling districts. 
 
 6. The divisions of polling districts.so made are not to 
 interfere with or aflfect the polling districts as at present 
 established by law, except as herein provided. 
 
 7. In the City of Halifax the City Clerk shall discharge 
 the duties required to be performed under this Chapter by 
 the Clerk of the Municipality of Halifax, so far as the city 
 is concerned, 
 
 8. The divisions of districts to be made by the sherifF 
 under the provisions of this Chapter shall be co-terminus 
 with the sub-divisions (if made) of the electoral districts 
 sub-divided by the returning officers for elections for the 
 House of Commons of Canada. 
 
 9. The assessors of each assessment district shall, on 
 or before the twentieth of January in each year, deliver 
 to the revisors a copy of the assessment roll for the polling 
 districts within the revisal section ; and if for any cause 
 any part of the inhabitants therein &re 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 
 
 Polhng District No. 
 
 
 Name. 
 
 Real Estate of 
 
 residents within 
 
 County. 
 
 Personal Estate 
 
 of residents 
 within County. 
 
 Real estate 
 
 of 
 
 non-residents. 
 
 Personal estate 
 
 of 
 non-residents. 
 
 A B 
 
 $100 00 
 00 
 00 
 
 $ 00 
 
 100 00 
 
 00 
 
 $ 00 
 
 00 
 
 25 00 
 
 $ 00 
 
 CD 
 
 00 
 
 B, F 
 
 00 
 
TITLE II.j HOUSE OF ASSEMBLY. if 
 
 The assessors shall mark on the assessment roll opposite Chap. 4. 
 eauii name the number of the polling division in which the 
 elector is entitled to vote. 
 
 10. The revisors shall, before the first day of March in Lists to be pre- 
 each year, select and prepare from the assessment roll p*™'' """^ ''°^*^'' 
 alphabetical lists of the qualified electors of each polling 
 division in the revisal section!?, 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 first day of March in each year, post up a 
 copy of the said list in three of the most public places in 
 each polling district, with the following notice : — 
 
 " The revisors will meet at , on the second f'i/ Notice ^heremth 
 
 Sunday the third) day of April next, at eleven o'clock, A. M., 
 to revise the list of electors for each of the polling districts 
 
 numbers within the revisal section number ; 
 
 and any person claiming to add to or strike off a name 
 from the list must give notice thereof in writing, with the 
 cause of objection, to either of us, on or before the fifteenth 
 day of March next, and also notify every person proposed 
 to be struck ofi'. 
 
 Dated the day of , A. D., 18—. 
 
 A. B. ) 
 
 C. D. > Revisors." 
 
 E. F. j 
 
 11. The revisors shall, on or before the twentieth day Lj^t ^f ,„ters 
 of March in each year, post up in three of the most public ^^^f^^j^o'' stru* 
 places of each polling district, an alphabetical list of the 
 
 persons proposed to be added to or struck off respectively 
 in each polling district, with a notice appended to each list 
 to the effect following : — 
 
 "The revisors will, on the second (if Sunday the third) Notkethetewitit 
 
 day of April next, at , in the revisal section number 
 
 , adjudicate upon the propriety of adding (or striking 
 
 off, as the case may bo) the foregoing name to (or from) 
 the list of qualified voters in district number . 
 
 Dated the day of , A. D., 18 — . 
 
 A. B.^ 
 
 C. D. y Revisors.'' 
 
 E. F. j 
 
 12. The person who proposes to strike a name from Notice to partr 
 the list shall, on or before the fifteenth day of March, give °''J^'='«'i *«■ «"^' 
 notice in writing to the party objected to, either personally 
 
 or by leaving it at his last or usual place of abode, and 
 shall prove on oath the giving the notice to the satisfaction 
 of the revisors, before they hear the objection, 
 3 
 
18 HOUSE OF ASSEMBLY. [PAET I. 
 
 Chap. 4. 13. At the time and place appointed the revisers shall 
 
 Meetings of re- attend and correct the list, and shall with all convenient 
 visors "proceed- despatch make out for each polling division an alphabetical 
 
 ings a , 0. j.^^ ^^ ^^^ electors thereof: resident within the countj^ 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 municipality. They 
 shall add to or strike from 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 befo]-e the fifteenth day of March ; and in case of 
 disqualification, provided it be proved to the satisfaction of 
 the revisors that notice in writing has been given to the 
 party objected to within the same period. 
 
 Alphabetical list 14. The alphabetical list of electors so to be made out 
 
 "nciudedTn^''''''-'-'-'^ *^*"'"^^ polling division, shall include the name of every 
 person who shall appear by the said assessment rolls to 
 have been assessed in respect of real estate to the value of 
 one hundred and fifty dollars, or, in respect of personal 
 estate, or of personal and real estate together, to tlie value 
 of three hundred dollars ; and shall also include the names 
 included by the asses.sors or appearing on the separate list 
 furnished pursuant to section nine of this Chapter, of 
 persons exempt from taxation, provided such persons 
 appear from said return to be possessed of real estate to the 
 value of one hundred and fifty dollars, or of personal estate 
 or personal and real estate together to the value of three 
 hundred dollai^s. For the purposes of this .section, the 
 
 Yearly tenants, occupant of real estate, if a yearly tenant, shall be deemed 
 to be in possession thereof ; and if such real estate be of 
 the value of one hundred and fifty dollars, or if such real 
 estate, together with personal property in possession of 
 such occupant, be of the value of three hundred dollai's, 
 such occupant shall, if not otherwise disqualified, be entitled 
 to have his name placed on the list of electors, although he 
 shall not have been assessed. 
 
 Firms. 15. When a firm is assessed in respect of property 
 
 sufficient to give each member a qualification, the names of 
 the several persons comprising such firm shall be inserted 
 
 Bodies corporate in the list ; but if the property be held by a body corporate, 
 no one of the members thereof .shall be entitled to vote, or 
 be entered on the list of voters, in respect of said pi'operty. 
 
 Paupers to be 16. The revisors, when correcting the list, shall strike 
 
 struck out. therefrom the name of any person who, within the twelve 
 calendar months then next preceding, shall have received 
 aid as a pauper under any poor law of this Province, or aid 
 as a poor person from any public grant of government 
 money. 
 
'TITLE II. j HOUSE OP ASSEMBLY. 19 
 
 17. If the assessors neglect to make up and deliver the Chap. 4. 
 lists, or wilfully deliver an incorrect list, or if the revisors penalty for neg- 
 neglect to revise the list so delivered, or wilfully transmit '^''"'' ''^^"^^""'■ 
 -an incoiTect list, for every neglect or wilful delivery or 
 transmission of an incorrect list every assessor,, or revisor 
 so contravening this Chapter shall pay a penalty of one 
 hundred dollars, to be recovered in the Supreme or County 
 Court by any person who will sue therefor, and each day a 
 list is delayed shall be a separate offence. 
 
 IS. The sheriff of the county shall, on or before the Lister nnn-rcsi- 
 twenty-fourth day of April in each year, attend at the "" ''^"""^• 
 office of the clerk of the municipality, to ascertain the 
 non-resident electors 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 thg.t polling district. He shall 
 make an alphabetical list of the remaining non-resident 
 electors. AVhen 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 list of that 
 polling district until he become disqualified or dii-ect 
 otherwise. In case no such notification has been made, the 
 names of such non-i-e.sident electors shall be added to the 
 list for any polling division in any one of the polling 
 districts in which their qualification exists. 
 
 19. The lists shall be made up, signed by the sheriff, Lists to be sisned 
 and deposited with the clerk of the municipality on or deposited" with'' 
 before the fourth day of May in each year, and shall ^^^J^^ °"'™'°'' 
 thenceforth be the register of electors for the county. 
 
 20. If from any cause the register of electors for anyn register not 
 polling district is not made up in. any year, the register last S'^'J^^drto'te 
 made up shall be used in its stead for the purpose of"^^'^- 
 election. 
 
 21. The revisors shall have power to summon wit-Revisora may 
 nesses to attend at the time and place appointed, to give Besses" &c.""' 
 evidence as to the qualification or disqualification of any 
 person, and to administer an oath and examine the parties ; 
 
 and such witnesses on oath, and any person so summoned, 
 who .shall neglect to attend without good cause shewn 
 therefor to the revisors, or attending shall refuse to be 
 sworn or give evidence, shall upon summary conviction 
 thereof before a justice of the peace, be liable to a penalty Penalty, 
 of twenty dollars ; and every witness attending shall be 
 entitled to receive the same fees and travelling charges as Fees, 
 witnesses attending before justices of the peace in civil 
 
20 HOUSE or ASSEMBLY. [PART % 
 
 Chap. 4. suits, to be paid fey the person at whose instance the- 
 respective witnesses may be summoned. 
 
 Register for City 22. The list o£ electors for the City of Halifax shall be- 
 of Halifax, how reviscd and corrected by the Aldermen,. as above prescribed ;. 
 &c. ° '■'•'"^'^'^ ' a^fi ^]-^Q Qiij (Joujicil may regulate the same by by-laws 
 not inconsistent with this- Chapter; and when the list is. 
 eorrected,, and an alphabetical list of every ward or polling 
 division is made up, it shall be signed by the Mayor and 
 filed with the Clerk of the Municipality of the County of 
 Halifax, and shall betheregister of electors for the said city. 
 
 Register for in- 23. The list of electors- for every incorporated town 
 towne'howmade^^^^^ ^® revised and corrected by therevisors appointed by 
 up, revised, &c. the respective Town Councils as hereinbefore prescribed, 
 and the respective Town Councils may regulate the same 
 by by-laws not inconsistent with this Chapter ; and when 
 the lists are corrected and an alphabetical list of every 
 ward or polling division is nfade up, it shall be signed by 
 the Warden ©r Mayor, as the case may be, and filed with 
 the clerk of the municipality within the territorial limits 
 of which such incorporated town is situate, and shall be 
 the register of electors for the said incorporated town. 
 
 Expenses of pre- 24. The reasonable charges of the sheriff and expenses- 
 Howpaidr°'""'''i'^curred in preparing the register of electors, shall be a 
 county charge, provided that no charge shall be made 
 against the county for any services or duties performed 
 by any officer of the city or of any incorporated town 
 under or by vjrtue of this Chapter. 
 
 siieriff to furnish 25. The slicriff shall at every election furnish the 
 with ooK- oTre-Pi'^'^icli^g officer of each polling division with a true copy 
 sister, gf the register of electors of the polling division for which 
 
 he is appointed. 
 
 sheriff's COOET. — NOMINATION OF CANDIDATE.- 
 
 Form of writs for 26. Whcu & ncw assembly shall be summoned, or more 
 ot^notio'e, &c.^"' *^^^ ouc vacaucy occur at or about the same time, the 
 writs shall be so transmitted that the same may be received 
 by the respective sherifis as nearl^^ 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 shall be required to 
 be issued at or about the same time, the day named for 
 holding the sheriff's court for commencing the elections- 
 shall be the same in all the writs. 
 
TITLE II.] HOUSE OF ASSEMBLY. 21 
 
 27. The sheriff shall, immediately on the receipt of a Chap. 4. 
 wi-it, endorse thereon the day of receipt, and shall forth- proceedings at 
 with cause notice in writing or by printed handbills to be^{\^'j'"°""™'P' 
 posted in some ©f 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 in the county court house, 
 laeing the day named in the writ therefor ; and also the 
 time and place at which, in case a poll be demanded, the 
 .same will be taken, and the number of representatives to 
 be elected, and for what places in particular under the 
 writs then under the sheriff's hands, and the poll shall be 
 taken in the week next following that within which the 
 sheriff's court for opening the election shall be appointed 
 to be held, and on the same day ©f the week as the day 
 tappointed for holding such court. 
 
 28. On the day appointed for holding the election, the sheriffs j^oun 
 sheriff, or his deputy, shall open his eotirt at the county &c., oaths to be 
 courthouse, between the hours of ten and twelve o'clock '^'*"'"'^'^'^^''' 
 in the forenoon, and shall read his writs, and shall take the 
 following oath, to be administered by a justice of the 
 
 •peace, or any two electors then present : 
 
 " I, A B, do swear that I have not received, and will 
 •not receive, any sum of money, office, or employment, or 
 -gratuity, or any bond, bill or note, or promise of gratuity 
 whatsoever, either by myself, or another, to my use or 
 .advantage, for appointing any presiding officer to take the 
 poll, or for appointing any poll clerk, or for making any 
 ieturn at this election ; and that I will make such appoint- 
 snients impartially and according to law." 
 
 And the sheriff shall then administer to the clerk 
 whom he shall have appointed to assist him in the election, 
 •an oath for the faithful and impartial discharge of his 
 duty, and shall continue the court open until two of the 
 clock in the afternoon of that day ; and on the same day, 
 and as soon after two of the clock as the duties remaining' 
 to be performed will permit, shall finally close the court, 
 -or adjourn the same to another day, as the case may 
 require. 
 
 2.9. There shall be no pmblic or political meeting held no puwic or po 
 -by the sheriff in connection with the election on the da}' be'iieid^'yShOTa' 
 •provided for his court, commonly known as nomination^" "°'"'"''*'°'' 
 <iay ; but the sheriff shall attend within the court house, 
 from eleven of the clock in the forenoon until two of the 
 •clock in the afternoon, or till such time thereafter as the 
 duties remaining to be performed require ; and he shall 
 .exclude from the place all persons not having business 
 
22 HOUSE OF ASSEMBLY. [PAET I.- 
 
 Chap. 4. before him in connection with the election.; and he shalF 
 presei've order and quiet. 
 
 Proceedinsrs at 30. The sheriff shall at his court receive the names 
 
 Sheriff's court, ^f ^]^g candidates proposed by two electors of the county 
 previonsl}' to two o'clock ; and their names shall be by the- 
 clerk, under the sheriffs direction, entered in the sheriffs- 
 record book, and no candidate's name shall be entered 
 after two o'clock, and at that hour the sheriff shall pro- 
 claim the names of the candidates, subject to the provisions 
 in the next fol]owin<f section contained ; and in the case of 
 each election, in respect of which previously to two o'clock 
 no more candidates are pioposed than aie required to be 
 returned, the election shall be forthwith determined, and 
 the sheiiff shall declare the candidates proposed, and who 
 shall have qualified, if thereto required, duly elected mem- 
 bers, and shall make return of the writ accoidingly ; and in 
 cases of elections where opposing candidates, shall be- 
 proposed, pi'eviously to two o'clock, who shall have quali- 
 fied if required, as directed by this Chapter, and where a 
 poll has been demanded, the sheriff shall then grant the 
 poll, and niake proclamation of the time and place at 
 which the poll Avill be taken in the several polling- districts,, 
 conformably with the notices before conditionally given,, 
 and then adjourn the court, as regards the elections in 
 which a poll shall be demanded, to some day within five- 
 days next after the day for taking the poll, then to be held 
 at the same place. 
 
 Two electors to ,31. The names of the candidates proposed, each by two 
 raliSidatuTrf" electoTs of the county, as piovided by the section next 
 wntuii;. preceding, shall be piesented to the shei'iff in writing. It 
 
 Candidate need shall uot be neccssarv for any candidate to be hiraselT 
 
 not DC ijicssiit. 
 
 present at the sheriff's court on such day of nomination ;. 
 and, instead of the oath provided for by the section next 
 
 AiBd.%vit instead preceding, an affidavit that the candiilateis legally qualified 
 
 fore°whom'sworn •''' ^e elected a member of the House of Assembly, made by 
 the candidate or his authorized ajrent, and swoin to before 
 a judge or commissioner of the Supreme Court, a judge- 
 of a County Court or a justice of the peace, shall be 
 sufficient. Piovided, howe\ er, tliat any candidate may, if" 
 • he shall prefer to do so, qualify himself in accordance with 
 the provisions of the section next preceding. If no more- 
 
 ' candidates are proposed, or no more names received than 
 
 the numbei of members required to be returned, it shall- 
 
 ^^^^o'cTeU-'iiTa '^°'' ^® necessary to demand a poll, but it shall be ordered,. 
 
 poll. ' and the proclamation made as provided by the section next 
 preceding. 
 
 Sum to be paid 32, Each Candidate .shall pay, or cause to be paid, tc> 
 Sheriff's receipt, the Sheriff at the time of nomination, and before the Sheriff' 
 
TITLE II.] HOUSE OF ASSEMBLY. 23 
 
 shall enter his name on the Poll book as a candidate, the Chap. 4. 
 sum of one hundred dollars, and the receipt of the sheriff', ' 
 
 ■which he shall be bound to give under a penalty' of one 
 hundred dollars, shall in every case be sufficient evidence 
 of the production of the nomination paper, of the consent 
 of the candidate, and the payment herein mentioned. 
 
 The sum so deposited by any candidate shall be returned when such sum 
 to him in the event of his being elected, or of his obtaining '''^"'"''^''^'"™^°' 
 a number of votes at least equal to one half the number 
 of votes polled in favor of the candidate elected having the 
 smallest number of votes, otherwise it shall belong to Her 
 Majesty for the uses of this Province. 
 
 33. A person capable of being elected a member of the Quaiifloation ot 
 Assembly shall be a male British subject, of the age of '''™''"''"^' 
 twenty-one years and upwards, and any candidate at any 
 
 election shall, if required, by any other candidates or any 
 elector or the sheriff, make before the sheriff the following 
 declaration : 
 
 "I, A B, do declp.re and testify that I am a British Declaration, 
 subject of the age of twenty-one years and upwards." 
 
 34. If the qualification of a candidate when questioned li qualification 
 shall not before the close or adjournment of the court be Jj'fJJft'^^^'^lq^Jll 
 specified as in the precedijag section directed, the candidate fl^"!- 
 
 shall be incapable of being elected, nor .shall his name be 
 entered on the record book, or if entered the safne shall 
 he expunged at or before the close or adjournment of the 
 court. , 
 
 The sheriff" shall furnish to the Provincial Secretary an sheiifitofuinish 
 account of the actual expenses of the election, duly attested or°eiectiou°lx- 
 before a judge or commi.ssioner of the Supreme Court of P™ses. 
 this Province. 
 
 3o. No presiding officer shall receive, nor shall any votos for candi- 
 poll clerk lecord, the name of a person as a calndidate, nor^^'^^.^y'^°j,'g™gjQ 
 shall any vote be received for him, unless his name shall be refused. 
 have been entei-ed as a candidate in the sheriff's record 
 book at the court, and .shall not have been expunged ; and 
 votes entered on a poll book contrary to this provision, 
 shall in respect of such person be expunged, and not 
 counted by the sheriff" in casting up the votes. 
 
 36. Any candidate proposed at such election may, at it candidate 
 any time befoi-e one o'clock of nomination day, by writing "'*''"^''°'"^' 
 under his hand, or publicly and openly in the sheriff's 
 court, dii-ect his name to be withdrawn. In which case 
 the entry in the sheriff's Tecord book shall be erased, and 
 the sheriff shall imn)ediately give public notice by procla- 
 mation, aloud, and thereupon such party .shall not be 
 considered as having been proposed as a candidate. 
 
24 HOUSE OF ASSEMBLY. [PART I. 
 
 Chap. 4. shbeipf's duties on demand or poll. 
 
 proceeditiKs b- ^'^ • When a poll has been granted, the sheriff shall 
 sheriflwhen by prccept Under his hand appoint a presiding officer for 
 1)0 13 eman e j^g^j^-j^g ^.|^g p^j] jjj Qa^ch polling division, 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 officer at the appointed time and place to take 
 the poll within the division, and the sheriff shall also 
 appoint a poll clerk for taking the votes under the direc- 
 tion of the presiding officer in each division, and shall 
 prepare a poll book and enter therein the names of the 
 candidates for whom votes are to be given within the 
 division; and the names of the candidates, and the necessary 
 information regarding them, shall before the opening of the 
 poll be furni.shed by the sheriff to the presiding officers, 
 and the sheriff shall prior to the polling, cause booths to 
 be erected, or procure buildings at which the poll may be 
 taken, and shall furnish each of the presiding officers with 
 a copy of the list of electors for the polling division for 
 which he is appointed, and shall before the opening of the 
 poll deliver or cause to be delivered to every presiding 
 officer at least ten copies of printed directions for the 
 guidance of voters. Such printed directions may be in the 
 form of Schedule B of this Chapter. 
 Sheriff may act The sheriff may act as presiding officer in a district or 
 cer. ^^^^ ""^ division without precept and without taking the presiding 
 
 officer's oath. 
 Vote to be bj' 38. In case of a poll at an -election of members to serve 
 ^ °^' in the Legislative Assembly, the votes shall be given by 
 
 ballot. 
 
 Ballot boxes, 39. The ballot boxes at such election shall be made of 
 
 coSof.™""'^ durable material, each box being provided with a lock and 
 
 key, and a convenient aperture for depositing the ballots 
 
 therein — and shall be so constructed as to secure the ballots 
 
 deposited therein from loss or illegal interference ; and 
 
 such ballot boxes shall be under the control of the sheriff, 
 
 who shall preserve them for use at elections. 
 
 Ballot boxes pro- 40. Any ballot boxes required for taking a poll shall 
 
 ai'^etpensfof* be provided by the .sheriff, who shall keep them in good 
 
 Government, repair ; and any necessary expense that he may incur in 
 
 providing or repairing such ballot boxes shall be defrayed 
 
 by the Provincial Government. 
 
 sheriatoprovide 41. When it becomes necessary at such election to use 
 
 cer'' with ^S: the ballot boxes, it shall be the duty of the sheriff, at least 
 
 0°/ eteotoTs°'and ^■^^'^^J ■"^°'-''-' ^°"'^^ before the time by law appointed for 
 
 polling book, opening the poU, to deliver one of such ballot boxes with 
 
 the lock and key thereof to every presiding officer 
 
 appointed for the purposes of the election; and the sheriff 
 
TITLE II.] HOUSE OF ASSEMBLY. 25 
 
 to<i;ether with the ballot box shall also furnish the presiding Chap. 4. 
 
 officer of each polling district or division with a true copy 
 
 of the register of electors of the district or division for 
 
 which such officer is appointed, and with a poll-book, as 
 
 now required by law. In anj' case where the sheriff shall 
 
 fail to furnish a ballot box to the presiding officer in any presidini; officer 
 
 polling district or division, it shall be the duty of such f.^n^SL'^sho- 
 
 presiding officer to provide one, which may be used as if "^ f'liis to do so. 
 
 it had been provided by the sheriff. 
 
 42. Every polling place shall be furnished with com- compartments 
 partments in which the voters can mark their votes screened provided. 
 from observation ; and it shall be the duty of the sheriff 
 
 to see that a sufficient number of such compartments are 
 provided at each polling place. 
 
 43. Where a poll shall have been granted, the sheriffshoriff to furnish 
 shall forthwith cause to be printed such number of ballot ^ ° ^'^^^ ' 
 papers, not less than the number of registered electors 
 
 within his bailiwick, as shall be sufficient for the purposes 
 of the election. 
 
 44. Such ballot papers shall each contain the names what baiiot p.v 
 and description of each candidate, alphabetically arranged t^n^. 
 
 in the order of their surnames, or if there be two or more 
 candidates with the same surnames in the order of their 
 other names. The names and description of each candidate 
 shall be set forth in the ballot paper as they have been set 
 forth in the nomination paper, and the ballot paper shall 
 be in the form Schedule C to this Chapter. 
 
 45. The sheriff, at lea.st twenty-four hours before the sheriff shaii fur- 
 time appointed by law for opening the poll, shall deliver or officer with bai- 
 cause to be delivered to each presiding officer within his Jj^'tSfto "'"'' 
 bailiwick a sufficient number of ballot papers which bave ^'^'''^ "^''™- 
 been prepared for use in the polling division for which 
 
 such presiding officer is appointed to act, and shall also 
 
 furnish to the presiding officer the necessary materials for 
 
 voters to mark the ballot papers, and such materials shall 
 
 be kept in the polling place by the presiding officer for the 
 
 convenient use of voters from the opening to the close of 
 
 the poll, and the sheriff shall keep a correct record of the sheriff shaii keep 
 
 number of ballot papers he shall furnish to each presiding papers. 
 
 officer. 
 
 46. In any case where the list of electors for any sheriff to post lo- 
 
 n. 1. .. IT-IT 1 1 -/Y'ln -ji- cations of booths 
 
 polling district is subdivided, the sheriii shall within two and names of 
 days after nomination day cause to be posted up in at^^°'°'^' 
 least three of the most public places in such polling district * 
 (not in the immediate vicinity of each other) notices, 
 setting forth the locations of the several polling booths in 
 such district and the names of the electors who are to vote 
 at each of such booths respectively. 
 
26 HOUSE OF ASSEMBLY. [PART I- 
 
 CHAP. 4. PROCEEDINGS AT POLLING PLACE. 
 
 Time of opening 47. When a poll sliall have been granted, it shall be- 
 and closing poll. ^^^^^^ ^^ Q^^ different disti'iets or divisions at or near the 
 polling place, at eight o'clock in the morning of the day 
 appointed, and be kept open until five o'clock in the- 
 afternoon, when it shall finally close. 
 Duties of Fresid- 48. The presiding officer shall at the opening of the- 
 opmiingSpoii. poll read aloud his precept and declare the names of candi- 
 dates, and shall at or before the opening of the poll, and 
 befoie receiving a vote, take the following oath : 
 Formofoatii. " I. -A- B., do swcar that I have not received any sum or 
 
 mone}', office, employment or gratuity, or any bond, bill or 
 note, or any proiriise of gratuity by myself, or another, to 
 my use or advantage, for making any return at this election, 
 and that I will faithfully discharge my duty at the election 
 to the best of my knowledge and judgment, * and that I 
 will return to the sheriff" a true and faithful account of 
 the votes polled in this division, wherein T preside." 
 Duties of poll And the poll clerk shall, before or at the opening of 
 *"''■ the poll, take an oath in the same form down to the asterisk,, 
 
 with the addition of these words thereafter, " and I will 
 faithfully record the names of all electors who shall vote 
 in this polling division." 
 oathofPresidinff The sheriff", a j usticc of the peace, or in their absence- 
 derk'.'^by" whoinfiiy two elcctors, are authorized and required to administer^ 
 
 administered. tjjg oaths. 
 
 Inspector, &c., to 40. The presiding officer .shall appoint an inspector, 
 PresW?n(r' otfice'r an agent, and a clerk, when nominated by or on behalf of 
 when nominated g^ Candidate, and theii- names shall be immediately entered 
 in the poll book, and a candidate's clerk shall take the 
 following oath, to be administei-ed by the pre.siding officer; 
 Fomi of oatiiof " I, A. B., do swcai' that I will take this poll fairly and 
 "^"'■"'impartially by entering the names and places of abode of 
 the electors, who shall vote in this polling division." 
 Presidin? offiner 50. Every piesiding officer shall before the opening of 
 eddireetions.'" the poll, or immediately after he has I'eceived such printed 
 directions from the sheriff", if he did not receive the saaie- 
 before the opening of the poll, cause such printed dirccti(jns- 
 to be placarded outside the polling place for which he is- 
 appointed to act, and also in every compartment of the- 
 polling place. 
 Presidin? Officer .51. The presiding officer shall immediately before the- 
 lock'baiiot box commencement of the poll shew the ballot box to such 
 me'nclmenTof persons as are present in the polling place, so that he and 
 p""- they may .see that it is empty ; and he shall then lock the- 
 
 1)0X, place it in his view for the receipt of ballots, and shalB. 
 keep it so locked until the close of the poll. In case an 
 elector shall come to the wrong booth to vote the presiding- 
 
TITLE II.] ^ HOUSE. OF ASSEMBLY. 27 
 
 officer shall imniediately direct him to the proper one ; and Chap. 4. 
 no pres-iding officer shall peimit an elector to vote in any presiding officer 
 manner contrary to such instructions. to li'Sbcmth'"'^ 
 
 5]. When any peison claiming to be entitled to vote Person yotinff to 
 at such election presents himself ao the polling place for^c^'P '"nri"pro- 
 the purpose of voting, he shall state his name, residence''??."'"?^ °' ^'''=- 
 
 - 1 1- ■ 11 • ■ ,f 1 11 1 sidinjf Officer. 
 
 ana addition, and the presiding pmcer shall proceed as 
 follows : 
 
 (L) He shall ascertain that the name of such person 
 is entered oi- purports to be entered upon the copy of the 
 register of electois for the polling division in which he is 
 presiding, and .shall mark such person's name thereon. 
 
 (2.) He shall record or cause to be recorded in the 
 poll-book the name and residence of such person ; but shall 
 in no instance enter on the poll-book or elsewhere, the 
 name or names, or anything to irdicate the name or names, 
 of the candidate or candidates for whom the elector votes. 
 
 (3.) If such person shall take an^' oath or affirmation 
 required to be taken by this Chapter or any act in amend- 
 ment thereof, the presiding officer shall enter or cause to 
 be entered opposite such person's name in the poll-book 
 the word "sworn," or "affirmed," according to the fact. 
 
 (4.) Where the vote is objected to by any candidate or 
 his agent, the presiding officer shall enter the objection in 
 the poll-book by writing opposite the name of the person 
 whose vote is objected to, the words "objected to," recoi'd- 
 ing at the .same time by or on behalf of which candidate 
 the objection has been made. 
 
 (5.) Where such person as aforesaid has been duly 
 required to take the oath or affirmation, and refuses to take 
 the same, the presiding officer shall enter or cause to be 
 entered opposite the name of such person in the poll- 
 book, the woids "refused to be swoin," or "refused to 
 affirm," according to the fact, and the vote of such person 
 shall not be taken or received ; and the presiding officer 
 for having taken and received such vote shall incur a 
 penalty of two hundred dollars. 
 
 (fj.) When the name of the person so claiming to vote 
 is found on the copy of the register of electors for the 
 polling district and marked thereon, and when the proper 
 entries respecting him have been made in the poll bonk in 
 the manner prescribed, the presiding officer shall deliver 
 one ballot paper to such person, unless such person has 
 refusi d to take any oath or affirmation in the proceeding 
 sub-sections mentioned, when no ballot paper shall be 
 delivered to him. 
 
 (7.) The presiding officer may, and upon request of 
 the elector shall, either personally or through liis poll 
 
28 HOUSE OF ASSEMBLY. f^PART t 
 
 Chap, 4. clerk, explain to the voter as concisely as possible the 
 mode of voting; but he or his poll clerk shall not influence 
 nor attempt to influence the elector to vote for any candi- 
 date at the election. 
 
 Polling not to be 53. The presiding officer shall prevent unnecessary 
 
 snterrupted. (]gia,y in polling, and no person shall be permitted to 
 
 inten-upt the polling by addressing the electors or otherwise. 
 
 Marking and 54. TJpon receiving from the presiding officer the 
 
 •depositing ballot - ,1, ^ i v. -t,i ^ l •• 
 
 paper. ballot paper so prepared as aroresaid, the elector receiving 
 
 the same shall forthwith proceed into one of the compart- 
 ments provided for the purpose, and shall then and therein 
 forthwith mark his ballot paper in the manner mentioned 
 in the directions contained in Schedule B to this Chapter, 
 by making a cross with a pencil on any part of the ballot 
 paper within the division containing the name (or names) 
 ■of the candidate or candidates for whom he intends to 
 vote, and shall then fold the ballot paper so as to conceal 
 the names of the candidates and the mark upon the face 
 of such paper; and leaving the compartment shall without 
 delay and without shewing the front to any one, or so 
 displaying the ballot paper as to make known the candidate 
 for or against whom he has voted, hand it to the presiding 
 officer, who shall deposit such ballot paper in the ballot 
 hox, and the elector shall then forthwith leave the polling 
 place. 
 
 Tt shall be the duty of the presiding officer to see that 
 only one ballot paper is deposited in the ballot box by 
 each voter. 
 2^0 person be- 55. While any voter is in any balloting compartment 
 
 sides elector to r» , -, «*' 1 • i • i 1 3 , i 
 
 ibe allowed in the tor the purposc 01 marking his ballot paper, no other person 
 <;umpartment. gjjg^jj j^g allowcd to enter the compartment, or to be in any 
 
 position from which he can observe the mode in which the 
 
 voter marks his ballot paper. 
 
 Any person leav- 56. No person who has received a ballot paper from 
 
 ^J^ifoutTeposu-'tlie presiding officer shall take the same out of the polling 
 
 pa|er''*aii'1or- V^^^^ J ^.nd any person having so received a ballot paper, 
 
 &it right to vote or tendered ballot paper, who shall leave the polling place 
 
 without first depositing the same in the ballot box in the 
 
 manner described, shall thereby forfeit his right to vote at 
 
 the election; and the presiding officer shall make an entr}'^ 
 
 in the poll book in the column for remarks to the effect 
 
 that such person received a ballot paper, but took the 
 
 same out of the polling place, or returned the same declining 
 
 to vote, as the ease may be ; and in the latter case the 
 
 presiding officer shall immediately write the word 
 
 " declined " upon such ballot paper, and shall preserve it, 
 
 and return it to the sheriff". 
 
TITLE 11.] HOUSE OF ASSEMBLY. 29 
 
 57. In case of an application by any elector claiming Chap. 4. 
 to be entitled to vote, •who is incapacitated by blindness or Electors -when 
 other physical cause from marking his ballot paper, or in Jq'"^^^'' ™*'''^ 
 case of any person claiming to be entitled to vote who 
 makes a declaration that he is unable to read, the proceed- 
 ings shall be as follows % — 
 
 (1.) The presiding officer shall in the presence of the 
 agents of the candidates, cause the vote of such person to 
 be marked on his ballot paper in manner directed by such 
 person, and shall cause such ballot paper to be placed in 
 the ballot box. 
 
 (2.) The presiding officer shall .state or cause to be 
 stated by an entry opposite the name of such person in the 
 poll book, that the vote of such person is marked in pur- 
 suance of this section, and the reason why it is so marked. 
 
 (3.) The declaration of inability to read may be made 
 orally in the form mentioned in Schedule D to this Chapter, 
 and shall be made by the person claiming to be entitled to 
 vote at the time of voting, before the presiding officer. 
 
 •58. If a person representing himself to be a particular when any per- 
 elector named on the copy of the register of electors, applies baiiot''' as "In" 
 for a ballot paper after another person has voted as such olhi'r persra has 
 elector, the applicant shall upon taking the oath authorized voted as such 
 by law to be administered to voters at the time of polling, be allowed to 
 be entitled to mark a ballot paper, but such ballot paper ™p''^r_,vhic*'hthe 
 shall be ojiven to the presiding officer, and shall be placed sheriff shaii pre- 
 
 o -t c» 111 1-11 serve in an en- 
 
 by him in an envelope, securely sealed, and upon which he veiope. 
 shall endorse the words " tendered ballot, " and the presid- 
 ing officer shall deposit the envelope containing such ballot 
 paper in the ballot box, and such ballot shall not be counted 
 by the presiding officer; and th* presiding officer shall 
 enter such person's name in the poll book, and shall make 
 an entry opposite such name, showing the circumstances of 
 the case. 
 
 59. A person claiming to be entitled to a vote, who has on deiivermg-up 
 inadvertently dealt with his ballot paper in such manner certlin'oases" "^ 
 that it cannot be conveniently used as a ballot paper, may 
 
 on delivering to the presiding officer such ballot paper so 
 inadvertently dealt with, and proving the fact of the 
 inadvertence to the satisfaction of the presiding officer, 
 obtain another ballot paper in the place of the ballot paper 
 so delivered up, ^nd the presiding officer shall write the 
 word " cancelled " upon such ballot paper, and preserve it 
 and return it to the sheriff. 
 
 60. During the holding of the poll no person shall be purine: the how- 
 entitled or permitted to be present in any polling place no° person'^ trbe 
 other than the officers, candidates or agents authorized to p,'™' pii"e Ix! 
 attend at the ■ polling place, and such voters s 8 are for the oep"- 'b® offloers. 
 
30 HOUSE OF ASSEMBLY. [PART II. 
 
 Chap. 4. time being actually engaged in voting. Provide'l that it 
 Proviso. shall be lawful for the presiding officer to have present or 
 
 to summon to his assistance in such polling place, any 
 police constable or peace officer for the purpose of main- 
 taining order, or preserving the public peace, or of removing 
 any person who may in the opinion of the presiding officer 
 be obstructing the polling, or violating any of the provisions 
 of this chapter. 
 Every officer, CI. Every officcr, clerk and agent in attendance at a 
 ■*'■■• '° ""i'"'»'"pollin(r place or in counting the votes shall maintain and 
 
 decrecv of vot- ^ ^ ^ , . . , " p i • i 
 
 ills- assist in maintaining the secrecy or the voting at the 
 
 polling place. 
 
 Not to interfere (1 ) No officer, clerk Or agent, or other person, shall 
 
 with voter. interfere with or attempt to interfere with a voter when 
 
 marking his vote ; nor attempt to obtain at the polling 
 
 place information as to the candidate for whom any voter 
 
 at such polling place is about to vote or has voted. 
 
 :Nottocoramuni- (2.) No officcr, clcrk, agent, or other person shall com- 
 
 cate information jj)yp,j(,^j.g g^^ g^^y tjijjg to any pcrson any information 
 
 obtained at a polling place as to the candidate for whom 
 
 any voter at such polling place is about to vote or has 
 
 voted, unless required to do so by a court of law. 
 
 Voter not to be (3.) No pcrson shall directly or indirectly induce any 
 
 '"j"'baiiot' ""*' voter to display his ballot paper after he shall have marked 
 
 the same so as to make known to any person the name of 
 
 the candidate for or against whom he has marked his vote. 
 
 Penalty. (4.) Every person who acts in contravention of this 
 
 section shall be liable on summary conviction before a 
 
 stipendiary magistrate, police magistrate, or any justice 
 
 of the j)eace, to a fine not exceeding twenty dollar.s, and in 
 
 default of payment to iiuprisonment in the common gaol 
 
 for any term not exceeding three months. 
 
 Presiding offl- 62. Presiding officers, poll clerks and agents shall 
 
 eeis, ■'^■' ™'"'"- i-igfore the opening of the poll take and subscribe an oath 
 
 in the form Schedule E to this Chapter, which oath may be 
 
 administered by the sheriff', presiding officer, or a justice 
 
 of the peace. 
 
 When Presiding 63. Presiding officers, polling clerks, candidates' agents, 
 
 th*h-"ctel'.'*^ ''"" inspectors and their clerks, may poll their votes in the 
 
 polling district where they are acting, though they are not 
 
 qualified to vote therein, if on the day of nomination their 
 
 names are certified 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 officer vote, the poll clerk shall administer 
 
 the necessary oath to him if required. Candidates may 
 
 poll their votes in any polling district in the county, but 
 
 shall if required take the usual oaths. 
 
TITLE II.J HOUSE OF ASSEMBLY. . 31 
 
 QUALIFICATION OF VOTERS. — OBJEOTIOXS AXD CHALLESGES. CHAP. 4. 
 
 G4. No elector shall be permitted to vote in more than Elector shaii not 
 ■one polling district or division in this Province on the saaieJ',°^^Q,jg ™"™ 
 day. district. 
 
 65. No elector having at any election a right to vote County in which 
 in the county in which at the teste of the writ he resided, vote" "'"'" 
 shall be permitted to vote in any other county. 
 
 GG. In any such election, non-resident electors having option of non- 
 a qualification in more than one polling district, may at ''*''''*^"' "'"''''"*■ 
 their option vote in either; and any such non-resident 
 elector, before he shall be permitted to vote, shall if required 
 by the Presiding Officer, candidate, or his agent, or an 
 elector, take in addition to the oaths hereafter prescribed 
 the oath following : 
 
 " 1, A. B., do swear that at the teste of the writ for thisFo™ o; oatho 
 election, I resided at , in polling district number .elector.' "" 
 
 in the county of . That I am not qualified to vote in 
 the said county, and I have not this day voted in any other 
 polling district or polling division in this Province." 
 
 C7. It shall not be lawful for any pei'son to vote at any Persons unquaii- 
 election for a member or members to represent the people in"''''' 
 the general assembly of this Province,whoatany time within 
 fifteen days before the day of election, was an employe, or 
 in the receipt of wages or emolument of any kind as such 
 employe, in the Post Ofhee, the Custom House, the Inland 
 Revenue department, the Lighthouse service, on the Govern- 
 .ment railroads, in the Crown Land office, or the Local Public' 
 Works and Mines, but nothing in this section contained 
 shall be construed to extend to any elector who may have 
 contracted to furni.sh 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 
 i-aiiroads; or to any post master, post office keeper, way 
 ofiice keeper, or mail courier under the Post Office. 
 
 G8. Every elector, before he shall be permitted to vote, Elector to take 
 shall if required by the presiding officer, candidate, or his |',y'prJ*j(['f„'„"o^ 
 agent, or an elector, take the oaths following, or either of cer, &c. 
 them, to be administered to him by the presiding officer, 
 that is to say : — 
 
 OATH KUMBEK ONE. 
 
 " I, A. B., do SM'ear that I am qualified to vote at this 
 election, that I am of the full age of twenty-one years, and 
 .am a British subject, that 1 reside at , that I am the 
 
 person named in the register as " (here I'ecite the name as 
 "written or spelt in the register) " as I verily believe,- and 
 that I have not before given ray vote at this election. So 
 -help me God." 
 
32 house of assembly. [part i. 
 
 Chap. 4. oath number two. 
 
 " I, A. B., do swear that I have not received, by myself 
 or another, or any person in trust for rne.. or to iny use, 
 directly or indirectly, any sum of money, office, place, or 
 employment, or gift, reward, or any promise, or security for 
 any money, office, or employment or gift, in order to give 
 my vote at this election. So help me God." 
 
 OATH NUMBEB THBEE. 
 
 " I, A. B., do swear that 1 have not within twelve calen- 
 dar months next before this day, received aid as a pauper 
 under any poor law of this Province, or aid as a poor 
 person from any public grant of government monej^. So 
 help me God." 
 
 OATH NUMBEE FOUK. 
 
 "I, A. B., do .swear that I was not at any one time 
 within fifteen days befoi'e this election in the receipt of 
 wages or emolument of any kind as an employee in the Post 
 Office, (except as post master, or post office keeper, or way 
 office keeper, or mail courier,) the Custom House, the Inland 
 Revenue department, the Lighthouse service, on the Gov- 
 ernment railroads, the Crown Land office, or the Local 
 Public Works and Mines, and that 1 have not resigned iny 
 employment in any of the said services, nor been discharged 
 therefrom, in order to enable me to vote at this election. 
 So help me God." 
 
 Name of elector C9. The name of any elector who refuses oi- fails to 
 of poif "iwoit "mi take any of the aforesaid oaths, when thereunto required, 
 oat'h'''' *° *"■''* ^^^^^ ^^ struck out of the poll bock, and such elector shall 
 
 not be again admitted to the booth or permitted to poll his 
 
 vote. 
 
 Quakers may 70. Quakers may affirm in any case in which an oath 
 
 affli-m. 
 
 IS required, 
 
 PROCEEDIKOS AT CLOSE OF POLL. 
 
 Duties of Pie- 71. At the closc of the poll the presiding officer, with 
 
 cioso°of°^fr "' *^® assistance of the poll clerk, and in the presence of the 
 
 candidates and their agents, or such of them as may then 
 
 be present, shall examine the ballot papers and proceed to 
 
 count the votes as follows : — 
 
 (1.) Any ballot paper on which votes are given to more 
 candidates than are to be elected, or on which anything is 
 written or marked by which the voter can be identified, or 
 which is unmarked, or from which it is uncertain for which 
 candidate the elector votes, shall be void and shall not be 
 counted. 
 
IKTL^ n.] HOtrsE OF ASSEMBLY. S3 
 
 (2.) The pi'fesiding officer shall endorse " rejected " 'on Chap. 4. 
 any ballot .paper w-hich he may reject as v«id. 
 
 (3.) The presiding officer shall then count up the 
 votes given for each tjandidate upon -the bal4ot papers not 
 Tejected. 
 
 V2. At the conclusion of the counting, the presiding Piesiding officer 
 •officer shall declare the state of the poll in his polling d is- of pou. 
 •trict or division, and shall return all the ballot papers to 
 the ba/llot box, and the .poll clerk shall close the ballot box, pou ciei* to 
 with all the ballots therein, and lock and seal and secure it.box^ ^^ °' 
 so as to prevent as far as .practicable ballots from being 
 illegally deposited therein or abstracted therefrom. 
 
 73. After the tallots aite counted, the presiding officer Duties of Pre- 
 ■shall make up a written statement in the poll book of theSter^the ha?iots 
 aiumber of votes given for each candidate in the polling '^''^ '^°""'^'^' 
 -district or division, and of the number of ballot papers 
 'rejected and not counted by him, which shall 'be made 
 
 'under the several heads. 
 
 (a.) Numlaer of votes for each candidate. 
 
 (b.) Number of ballot papers rejected as voting 'for 
 •more candidates than are to be elected. 
 
 (c.) Number of ballot papers rejected for having a 
 writing or mark by which the voter could be identified. 
 
 (d.) Numl)er of ballot papers rejected as unmarked, or 
 void for uncertainty. 
 
 (c.) Number of 'tendered ballot papers deposited. 
 
 74. The presiding officer, after the close of the poll Presiding officpr 
 ■and before making return to his precept, shall subscribe in ajter'afose o°tiie 
 the poll book the following oath, to be administered by aP°"- 
 justice of the peace, or two electors of the .polling district : 
 
 "I, A. B,, presiding officer for the polling district Fonn of oath. 
 
 , in the county of -^ — — , -do swear that the poll 
 
 clerk was duly sworn, and that to the best of my belief 
 this poll book was truly and correctly taken under my 
 direction, and -contains a true and correct statement of the 
 votes taken at the poll for this districc held in pursuance 
 
 «f the sheriff's precept, to me directed, and dated the 
 
 day of ■ — , in the year of our Lord one thousand eight 
 
 hundred and " — ." 
 
 75. Upon the completion of such written statement or Return to be 
 return it shall forthwith be signed by the presiding officer Sk to be se°a!ea 
 and the poll clerk, and the poll cl-erk shall thereupon seal "?• 
 
 up the poll book, having first enclosed the key of the ballot 
 
 box therein, and shall deliver the same so enclosed and 
 
 sealed to the presiding officer, who shall give him a receipt 
 
 therefor. The presiding officer shall forthwith transmit Bauot^box^^&c.^ 
 
 the ballot box with the ballot papers therein, so locked, to shenff™' 
 
 sealed and secured, as hereinbefore provided, as well as the 
 
34 HOUSE OF JSSSEMBLTT. [PART I, 
 
 Chap. 4. poll book with the return and key, sealed as aforesaid, to 
 the sheriff, who shall receive and safely keep them, 
 unopened until the re-assembling ef his court at the court 
 house on the day to which it had been adjourned. 
 
 Ballot box, &Q., 76. The pi'esiding officer shall- personally deliver .the- 
 deijVered™to"^ ballot box, Containing the ballots, as well as the poll book,. 
 Sheriff. so sealed as aforesaid, to the sheriff personally,. and if he- 
 
 be unable to do so, owing to illness or other cause,, he shall 
 do so by some trustworthy person selected for the purpose,, 
 and shall write on the outside of each package the name of 
 the person by him selected for such purpose. 
 
 statement to 77. The presiding officer, after the close of the poll 
 sheriff^by^Pre" ^^d Counting the votes, shall return to the sheriff a state- 
 siding Officer, mgnt shewing : 
 
 (a.) The number of ballot papers used and in ther 
 
 ballot box. 
 
 (6.) The number of rejected ballot papers, 
 
 (c.) The number of spoiled ballot papers. 
 
 (d.) The tendered ballot papers. 
 
 (e.) The number of unused ballot papers, 
 
 (/.) The number of ballot papers,, if any, taken from- 
 
 the polling place. 
 
 Baiiotpapersnot 78. The pre,siding officer shall return, with the ballot. 
 
 tamed**tos'herifl." box and poll book, to the sheriff all the ballot papers- that- 
 
 have not been used or have been spoiled, in a sealed package, 
 
 RBTUElf. DAY.. — EECOTJNT. — DECLAEATION, 
 
 Sheriff to ad- 79. If OH the day to which the court has been. 
 
 certain cases. '" adjoumed all the returns shall not have been made by the^ 
 presiding officer, the .s^herifi shall not open the poll books, 
 and shall adjourn the court to the following day, and so- 
 from day to day until all the returns are made, and shall 
 publicly state the cause or causes of such adjournment, but 
 in no case shall he adjourn the court to so late a day as to- 
 interfere with the return of the election writ. 
 
 Sheriff to declare 80. The sheriff shall keep the poll books unopened 
 
 state of the poll. „j,^il the re-assembling of his court on the day to which- 
 the same 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 
 
 Scrutiny may be any Candidate or two electors demand a scrutiny of the- 
 qualification of any candidate previously qualified and 
 about to be returned, or protest against the whole election, 
 or return of any member, on grounds 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 
 
TITLE II.J HOUSE OF ASSEMBLY. 35 
 
 such candidate or two electors may by writing signify to Chap. 4. 
 the sheriff at any time before the next meeting of the ~ 
 
 Legislature the abandonment of the protest or scrutiny. scrutinymay be 
 
 ^ •' abandoned. 
 
 81. On the final day to which the court shall have shenii to declare 
 been adjourned, the sheriff shall publicly break the seals Sm'membS-s 
 of the poll books, ascertain and declare the state of the*"^™- 
 
 poll, and return the members chosen for the coutity for 
 which such election is held. 
 
 82. If on such day any candidate shall request it the Any candidate 
 ballots shall be counted by the sheriff, assisted by two shedfi to count 
 efficient clerks, appointed by him and sworn by him 'to the y^"°oj' ™heriff 
 faithful discharge of their duty ; each ballot shall be thereon. 
 entered in the general poll book, and a similar entry in a 
 
 check book, both prepared with proper columns, and with 
 the candidates' names entered therein. 
 
 (a.) Before another box shall be opened the result of 
 the pieceding one shall be ascertained. 
 
 (b.) If in counting up the two books the numbers 
 differ, the counting shall be tested by referring to the 
 ballots. 
 
 (c.) After the result is correctly ascertained the ballots 
 shall be returned to the respective boxes from which they 
 had been taken, and kept locked up until the members 
 elected are declared, when the sheriff shall destroy them, 
 unless a protest be entered against the election, in which 
 case he shall preserve them until such protest is finally 
 determined or abandoned. 
 
 (d.) If it takes more than one day to count the ballots, 
 the sheriff shall at or before four o'clock in the afternoon 
 adjourn the court from day to day until they are all counted. 
 
 (e.) As soon as the result of the counting is ascertained, 
 the sheriff shall make proclamation of the members elected, 
 and that the court is adjourned without day, and shall 
 forthwith return the writ to the Provincial Secretary, and 
 file the poll books and check lists with the clerk of the 
 municipality within which is situated the shire town of 
 the county in which the election has been held. 
 
 83. When on the final addition of votes by the sheriff when sheriff 
 an equality of votes is found to exist between any number *J^^s"^'^*^'"» 
 of the candidates beyond the number of members to be 
 elected for the county at the election, and the addition of a 
 vote would entitle any of such candidates to be declared 
 elected, the sheriff shall give such additional or casting vote 
 for as many of the candidates between whom such equality 
 of vote.s exists as shall be required to be returned for such 
 county at such election ; but shall in no other case have 
 the right to vote. 
 
36 HOUSE OF ASSEMBLY. [PART I. 
 
 Chap. 4. oitenoes and pknalties. 
 
 sherifl ffuiity of 84. Anv sheriff guilty of wilful or corrupt misconduct 
 toShu offlf in the conducting of an election shall forfeit his office, and 
 
 shall not be eligible for reappointment. 
 
 Penalty for false 85. Any sheriff who shall make a false return, or 
 
 return. return ,more than are required by the writ to be chosen, 
 
 shall forfeit for every offence the sum of four hundred 
 
 dollars; and the party aggrieved may also recover the 
 
 damages he shall sustain thereby, with costs, in an action 
 
 against him or an)' person who shall knowingly procure 
 
 the same. 
 
 Penalty for re- 86. Every sheriff or presiding officer who shall on 
 
 to Mth."^"™'" request neglect or refuse to administer any or either of the 
 
 oaths required to be taken by any elector, shall for every 
 
 offence forfeit the sum of two hundred dollars. 
 
 Penalty for ne- 87. If the .sheriff shall fail to furnish ballot-boxes, or 
 
 bauot bU"rei* true copies of the register of electors or poll-books in the 
 
 ter or poii book, manner required by this Chapter, he shall incur a penalty 
 
 of two hundred dollars in respect of evory ballot-box or 
 
 copy of the register of electors or poll beok which he has 
 
 failed to furnish in the manner prescribed. 
 
 Penalty in case 88. If a presiding officer shall allow any person to 
 
 permtting°pou- interfere or put questions to voters by which time is taken 
 
 tracted '"' ^"""up, or shall put questions other than in this Chapter 
 
 specified contrary to the wish of any candidate or his 
 
 agent, or shall wilfully protract or permit to be protracted 
 
 the polling, or shall otherwise offend in the premises, he 
 
 shall forfeit forty dollars for every offence. 
 
 Penalty of Pre. 89. If a presiding officer shall not, before the opening 
 
 negNfct?^°to re- of the sheriff's court on the day to which the same was 
 
 turn poll book, adjoumed, return the poll book or his precept to the sheriff 
 
 or shall alter the poll book, he shall be liable to an action 
 
 for damages at the suit of any party aggrieved, and shall 
 
 also forfeit for every offence . two hundred dollars, and the 
 
 further sum of twenty dollars for every day's neglect to 
 
 return the poll book. 
 
 May be commit- 90. The sheriff' Or a candidate or an elector may make 
 
 delay." ""^^ "* complaint thereof on oath to a justice of the peace of the 
 
 county, who shall summon him forthwith to answer the 
 
 same, and if he shall not shew good cause for the delay the 
 
 justice may commit him to gaol until he duly make such 
 
 return. 
 
 Penalty for of- 91. If any sheriff, presiding officer poll clerk, 
 
 specifio^^e'naity assessor, revisor, clerk of the municipality, or other 
 
 is provided. persoH whosocver, appointed or acting under the authority 
 
 of this Chapter, shall wilfully contravene or disobey any of 
 
 the provisions of this Chapter with respect to any matter or 
 
 thing such person is required to do, and for which default 
 
TITLE n.J H0T7SE OF ASSEMBLY. 37 
 
 or offence no specific penalty is provided, he shall be liable Chap. 4. 
 
 to the penalty of one hundred dollars, to be recovered in ~ 
 
 an action at the suit of a candidate or elector ; and the jury 
 
 may find their verdict for the full sum of one hundred 
 
 dollars, or any sum not less than twenty dollars they think 
 
 just for the offence, and the plaintiff shall have judgment 
 
 and execution therefor with costs of suit. 
 
 92. A candidate against whom a vote shall be wrong- Candidate may 
 
 J. ,1 11 1 • i 1 i ii • 1- -r-i prosecute within 
 
 fully polled, or against whom, or to the prejudice, or with six months. 
 
 the intent to prejudice whose interest, any act shall be 
 
 wrongfully done, contrary to this Chapter, and for which 
 
 vote or act a forfeiture is herein imposed, may within six 
 
 months from the commission of the offence, prosecute for 
 
 the forfeiture, and, upon recovery, the amount, after 
 
 deducting charges incurred by the candidate about the 
 
 prosecution, shall be paid to the overseers of poor for the 
 
 place where the offence was committed, for the use of the 
 
 poor thereof. If no prosecution shall be pending, or have 
 
 been prosecuted to final judgment, then any person may when any other 
 
 prosecute for the penalty at any time after the expiration seoute. "^'^ '"° 
 
 of the six months, and before the expiration of twelve 
 
 months from the commission of the offence. 
 
 93. If any person shall fraudulently vote at any election Penalty for frau- 
 by personating any elector, or being qualified shall vote ''"'"""^ ™""^' 
 or offer to vote more than once at any election, for every 
 
 such offence the person shall forfeit the sum of forty 
 dollars, and it shall be the duty of the sheriff to prosecute 
 therefor. 
 
 94. No person shall certain offences 
 
 (a.) Forge or counterfeit or fraudently alter, deface or ^" '™* '^^' 
 fraudulently destroy any ballot paper, or 
 
 (b.) Without due authority supply any ballot paper to 
 any person, or 
 
 (c.) Fraudulently take out of the polling place any 
 ballot paper, or 
 
 (d.) Fraudulently put into any ballot box any paper 
 other than the ballot paper which he is by law authorized 
 to put in, or 
 
 (e.) Without due authority destroy, take, open, or 
 otherwise interfere with, any ballot box or packet of ballot 
 papers then in use for the purposes of the election. 
 
 (1.) No person shall attempt to commit any offence 
 specified in this section. 
 
 (2.) Any person guilty of any violation of this section 
 shall be liable, if he be a sheriff, presiding officer, or poll 
 clerk, to imprisonment for any term not exceeding two 
 3'ears, with or without hard labor ; and if he be any other 
 
38 HOUSE OF ASSEMBLY. [PABT I. 
 
 Chap. 4. person, to imprisonment for any term not exceeding six 
 months, with or without hard labor. 
 
 95. Any person who, being disqualified under the 
 
 provisions of section 67 of this Chapter, shall vote or 
 
 attempt to vote for any candidate or candidates at an 
 
 election as aforesaid, shall be liable to a penalty of not less 
 
 than twenty nor more than 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. 
 
 Penalty for false 96. Whocver shall wilfully, falsely and corruptly make 
 
 ornation.' "™'' ^^Y declaration, oath, or affirmation required by this Chapter, 
 
 or shall corruptly procure or suborn any other person to 
 
 make any of them, shall be guilty of perjury, and for every 
 
 offence incur the penalty of a person guilty of perjury 
 
 Time for proseou- 97. Penalties imposed by this Chapter must be prose- 
 
 lon or pena 5.^^^^^ wlthin four mouths after the commission of the 
 
 offence, and may be recovered by action in any court of 
 
 Plaintiff's deciar- competent jurisdiction; and the plaintiff may set forth in 
 
 his declaration that the defendant is indebted to him in the 
 
 amount of the penalty sought to be recovered, allege the 
 
 particular offence for which the action is brought, and that 
 
 the defendant hath therein acted contrary to this Chapter, 
 
 without mentioning the writ for holding the election or 
 
 the return thereof. 
 
 Appropriation of 98. The penalty when recovered shall be appropriated 
 
 penaty. one-half to the person who shall sue therefor, and the other 
 
 half to the treasurer of the municipality, city or town 
 
 whei'e the offence was committed, for the use of the county, 
 
 district or city. 
 
 Parol proof of 99. On trial of any action or prosecution for any 
 
 election sufBci- pgjjg^jj^y imposed by this Chapter, or any other proceedings 
 
 arising out of any election, parol proof of the election shall 
 
 be sufficient 'primd facie evidence, without producing the 
 
 writ. 
 
 MISCELLANEOUS PKOVISIONS. 
 
 Official seal of 100. It shall be the duty of the Governor-in-Council to 
 
 furnish the sheriff of every county in the Province with an 
 
 official seal, to be used for stamping ballot papers, and for 
 
 other purposes connected with his office. 
 
 Death, &c., of 101. If a presiding officer before the termination of a 
 
 Presiding cer ^^jj gj^g^jj ^jj^^ ^j. ^g incapable of performing or shall not 
 
 perform his duty, the poll clerk shall act in his stead and 
 pei'form his duties ; but before commencing his new duties 
 he shall appoint a poll clerk, who shall, with the new 
 presiding officer, previously to entering upon their duties, 
 take the oath prescribed for presiding officers and poll 
 
TITEE II.] BOXrSE OF ASSEMBLY, 39 
 
 •clerk, and they shall have the same powers and be liable Chap. 4, 
 ito the same penalties in their new capacities as if originally 
 appointed. 
 
 1'02. If a poll clerk shaH before the termination of a Death, &c., of 
 poll die, or be incapable of performing or «hall not perform ^°^ ^'^'^''' 
 liis duty, the presiding oiHcer shall appoint another poll 
 "clerk to act in his stead ; and the new poll clerk, before 
 •entering on his duties shall take in manner as if originally 
 appointed the oath prescribed - and he shall have the same 
 powers, and be liable to the same penalties, as if originally 
 «,ppointed poll clerk. 
 
 103. On the return of a writ the sheriff shall be sheriff's fee on 
 ■entitled to receive fro'm the Provincial Treaisury twenty bt™" ° "^'"^' 
 'dollars for every member returned, 
 
 104. Tlie reasonable expenses incurred by sheriflfe for sheriffs tees on 
 printing and for counting ballots, when a second count jg '^™»'^ ^o"'- 
 •■demanded, shall be defrayed out of the provincial revenue. 
 
 105. The sheriff at his co«rts and the presiding sherifls and pre- 
 ofScers at their polling places shall be during the day onshau^e conslr- 
 which the election or polling may be prosecuted conserva- ™'°" °^ ^^ 
 tors of the peace, and vested with the same powers for the 
 preservation of the peace, and the apprehension and 
 •committal for trial or holding to bail or trying and 
 •convicting violators of the law and good order as are vested 
 In justices of the peace, and for the purpose of preserving 
 peace and good order at the election or polling the sheriff 
 •or presidin'g officer may require the assistance of all persons 
 present and may on view eoinmit any person for breach of 
 the peace, violating or threatening electors at or coming to or 
 returning from the election or polling, or for any violation 
 •of good order, to the custody of any person for any time 
 aiot exceeding twelve hours, or may by writing under his 
 hand commit to prison for a like offence for a period not 
 •extending beyond the second day thereafter, and at the 
 •expiration thereof may cause the offendor to be brought 
 before a Justice of the peace, who shall enquire into the 
 matter and may on summary -conviction fine the offender 
 in a sum not exceeding eight dollars and costs, and commit 
 him to jail until the fine be paid ; and all persons present 
 are enjoined to assist the officer presiding and justices in 
 discharging such duties under pain of being guilty of 
 smisdemeanor ; and Justices residing in the district upon 
 being notified in writing by the sherifi" or presiding officer, 
 shall attend to aid in preserving peace and order ; and the 
 justices, sheriff and pr^esiding officer may when considered 
 necessary swear in special constables to act as peace offiicers 
 .and assist in maintaining peace and order ; and upon the 
 written Application of a candidate or agent or two electors, 
 
40 HOUSE OF ASSEMBLY. [PA^RT P.. 
 
 Chap. 4. the sheriff or presiding oflBcer shall swear in- such specials 
 
 ~~~" ~ constables as may be requisite. 
 
 Election not in- 106. No election shall be declared invalid by reason of" 
 
 take^ic?''^™"'^ non-compliance with the nules contained in this Chapter 
 as to the taking of* the poll, or the counting of' the votes, or 
 by reason of any mistake in the use of forms, if it: appear 
 to the tribunal' having cognizance of the question that the 
 election was conducted in accordance with the principles- 
 laid- down in. this Chapter, and that sueh non-compliance or 
 mistake did not affect the result of the election., 
 
 voternot reqnir- 107. No person who has legally voted at an election. 
 
 whom ^he* B^shaU in any legal proceeding to qpestioa the election or 
 
 voted. return be required to state for whom, he has voted. 
 
 Candidate to 108. No Candidate shall be entitled to. have more than 
 
 sen?atira. '^'"^^" OHB representative at a polling place. 
 
 Meaning of 109.. The word " sheriff" herein, shall mcansheriff,. Under 
 
 sheriff, or deputy sheriff;, "presidiijg ofEcer" shall mean the 
 person presiding to take the poll ; " county," in cases where- 
 a county is divided into two districts for municipal purposes- 
 shall mean such municipal' districts; " clerk of the muniei-- 
 pality" shall include the City Clerk, Halifax-; "district"" 
 shall mean polling district, or where the context obviously 
 requires such meaning may be read as polling division, and 
 "election" the election of members to serve in General, 
 As.sembly when the same requires such construction. 
 
 terms. 
 
 SCHEDTJLES.- 
 
 We, the undersigned revisors, duly appointed for revisat 
 
 section , number ,..in the county of „ 
 
 do hereby solemnly swear that we will well and faithfully 
 discharge the duties assigned to us vwithout favor or 
 partiality, that we will place no name on the list of registry, 
 and will strike no name oft" the same unkss we shall be 
 satisfied that the same by, the law under which, we have- 
 been appointed as revisors. should -be placed on or struck 
 off the same, and that we will in all respects conform to- 
 the said law to the best of our judgment and ability. 
 
 Sworn to at , this day of — ■ ,.A. D. IS — ,. 
 
 Before me,, J. P. 
 
 B. 
 
 MEECTIONS FOB THE GUIDANCE OF VOTERS IN VOTINC. 
 
 The voter is only to vote for one candidate unless two- 
 or more are to be returned for the county, in which case he.- 
 
TITLE ri.J HOtrSE OF ASSEMBLY. 41 
 
 may vote for one or for the number to be elected, or part CffAP. 4. 
 of the number as he thinks fit. 
 
 The voter will go into the compartment and with a 
 pencil there provided place a cross opposite the name or 
 names of the candidate or candidates for whom he votes, 
 thus X. 
 
 The voter will then fold the ballot so as to shew a 
 portion of the back only and deposit it in the ballot box. 
 The voter will then forthwith quit the polling place. 
 
 If a voter inadvertently spoils a ballot paper he can 
 return it to the presiding officer, who will if satisfied of 
 such inadvertence give him another ballot paper. 
 
 If the voter votes for more candidates than are to be- 
 elected, or places any mark on the ballot paper by which 
 he can afterwards be identified, his vote will be void an.d 
 will not be counted. If the voter takes a ballot paper out 
 of the polling place, or deposits in the ballot box any other 
 paper than the one given to him by the officer, he will be 
 subject to imprisonment for any term not exceeding six 
 months with or without hard labor. 
 
 In the following form of ballot paper given for illustra- 
 tion the candidates are John Smith, Thomas Jones, Robert 
 Robertson and James Brown. Two candidates are to be- 
 elected, and the elector has marked his ballot paper and 
 voted for Thomas Jones and James Brown : — 
 
 Election for the Co-unty of 18& 
 
 BROWN. 
 I. James Brown, of Port Hood, 
 
 in the county of Inverness, X 
 
 barrister-at-law. 
 
 JONES.. 
 II. Thomas Jones, of Halifax,. 
 
 in the county of Halifax,. X 
 
 grocer. 
 
 ROBERTSON. 
 III. Robert Robertson, of Pictou, 
 in the county of Pictou, 
 yeoman. 
 
 SMITH. 
 lY. John Smith, of Windsor, 
 
 in the county of Hants, 
 farmer. 
 
42 HOUSE OF ASSEMBLY. [PART I. 
 
 Chap. 4. C 
 
 yOKM OF BAXLOT PAPER. 
 
 Election for the County of 188 
 
 BROWN. 
 I. James Brown, of Port Hood, 
 in the county of Inverness, 
 barrister-at-law. 
 
 JONES. 
 II. Thomas Jones, of Halifax, 
 
 in the county of Halifax, 
 grocer. 
 
 ROBERTSON. 
 III. Robert Robertson, of Pictou, 
 in the county of Pictou, 
 yeoman. 
 
 SMITH. 
 IV. John Smith, of Windsor, 
 
 in the county of Hants, 
 farmer. 
 
 D. 
 
 I, A. B. an elector named in the register of 
 
 electors for polling district number in the county of 
 
 do hereby declare that I am unable to read, (or that 
 
 I am from physical incapacity unable to mark a ballot 
 
 paper, as the case may be). 
 
 E. 
 
 I, H B., do solemnly swear that I will not reveal to any 
 person or persons if it shall become known to me, the 
 candidate or candidates for whom any elector votes at this 
 «lection unless required to do so by a court of law. So 
 fcelp me God. 
 
title u.] conteoverted elections. 43 
 
 Chap. 5. 
 OHAPTEE 5. 
 
 OF CONTROVERTED ELECTIONS AND CORRUPT PRACTICES. 
 
 1. The expression " the court " shall for the purposes interpretation 
 of this Chapter mean the supreme court of this Province, 
 
 and such court shall, subject to the provisions of this 
 Chapter, have the same powers, jurisdiction and authority ^o™™ °' <^°'"''- 
 with reference to an election petition and the proceedings 
 thereon as it would have if such petition were an ordinary 
 cause within its jurisdiction. 
 
 2. The following terms shall in this Chapter have the interpretation of 
 meanings hei'einafter assigned to them unless there is 
 something in the context repugnant to such construction, 
 
 that is to say : 
 
 " Election " shall mean an election of a member or 
 members to serve in the house of assembly of this Province. 
 
 " Candidate " shall mean any person elected to serve in 
 the house of assembly at an election, and any person who 
 has been nominated as or declared himself a candidate at 
 an election. 
 
 " Corrupt practices " or " corrupt practice " shall mean 
 bribery and undue influence and illegal and prohibited acts 
 in reference to elections or any of such offences ; as defined 
 by act of the legislature. 
 
 "Rules of court" shall mean rules to be made as 
 hereinafter mentioned. " Prescribed " shall mean prescribed 
 by the rules of court. 
 
 " Petition " shall mean any election petition filed or 
 presented under the authority of this Chapter, and none 
 other, nor any election petition under any other law in force 
 in this Province. 
 
 " Voter " shall mean any person who has or claims to 
 have a right to vote in the election of a member to serve in 
 the assembly. 
 
 3. A petition complaining of an undue return or undue f>j|"'°° p^''^ 
 election of a member to serve in the house of assembly for made. 
 
 any county may be presented to the supreme court by any 
 one or more of the following persons : — 
 
 (1.) Some person who voted or who had a right to 
 vote at the election to which the petition relates. 
 
 (2.) Some person claiming to have had a right to be 
 returned or elected at such election. 
 
 (3.) Some person alleging himself to have been a 
 candidate at such election. 
 
 And such petition is hereinafter referred to as an election 
 petition. 
 
44 
 
 CONTKOVERTED ELECTIONS 
 
 PART I. 
 
 How made. 
 
 Security. 
 
 Chap. 5. 4. The following enactments shall be made with 
 
 respect to the presentation of an election petition under this 
 Chapter : — 
 
 By whom signed. (1.) The petition shall be signed by the petitioner or 
 all the petitioners if more than one. 
 
 When presented. (2.) The petition shall be presented within twenty-one 
 days after the return day of the writ for the election to which 
 the petition relates, unless it questions the return or election 
 upon an allegation of corrupt practices, and specifically 
 alleges a payment of money or other reward to have been 
 made by any member or on his account or with his privity 
 since the time of such return in pursuance or in furtherance 
 of such corrupt practices, in which case the petition may 
 be presented at any time within twenty-one days after the 
 date of such payment. 
 
 (3.) Presentation of a petition shall be made by 
 delivering it at the office of the prothonotary of the county 
 to which the petition relates between the hours of ten of 
 the clock in the forenoon and four o'clock in the afternoon, 
 or in any other prescribed manner. 
 
 (4.) At the time of the presentation of the petition or 
 within three days afterwards security for the payment of 
 all costs charges and expenses that may become payable by 
 the petitioner, 
 
 (a.) To any person summoned as witness on his behalf, 
 or 
 
 (b.) The member whose election or return is complained 
 of (who is hereinafter referred to as the respondent) shall 
 be given on behalf of the petitioner. 
 
 (5.) The security shall be to the amount of eight 
 hundred dollars, and shall be given by a deposit of money 
 with the prothonotary of the court. The deposit shall not 
 be valid unless it is made in gold coin or Dominion note?, 
 being a legal tender under the statutes of the Dominion at 
 the time when the deposit is made. The prothonotary 
 shall give a receipt for such deposit which shall be evidence 
 of the sufficiency thereof. 
 
 5. On presentation of the petition the prothonotary 
 shall send a copy thereof to the sheriff of the county to 
 which the petition relates, who shall forthwith publish the 
 same in the county. 
 
 6. Notice of the presentation of a petition under this 
 Chapter and of the security, accompanied with a copy of the 
 petition, shall within five days after the day on which the 
 petition shall have been presented or within the prescribed 
 time or within such longer time as the court or any judge 
 thereof may under special circumstances or diffculty in 
 
 Publication. 
 
 Notice to respon- 
 dents. 
 
TITLE II.] AND CORRUPT PRACTICES. 45 
 
 effecting service allow be served by the petitioner on the Chap. 5. 
 
 respondent or respondents ; in case service cannot be ' 
 
 effected on the respondent or respondents either personally 
 
 or at his or their domicile within the time granted by the 
 
 court or a judge, then it may be effected upon such other 
 
 person or in such other manner as the court or a judge on 
 
 the application of the petitioner may appoint. 
 
 7. The trial of every election petition shall be conducted The trial to be 
 before a judge of the supreme court, to be selected by the ^^'"''^ ^ ^"'*^''" 
 judges of said court, 
 
 8. Every election petition shall except where it raises Manner of trial. 
 a question of law for the determination of the court as 
 hereinafter mentioned be tried by the judge so selected. 
 
 9. Notice of the time and place at which an election Notice of trial 
 petition will be tried shall be given not less than fourteen 
 
 days before the day on which the trial is held in the 
 prescribed manner. 
 
 10. The trial of an election petition shall take place in piace of trial, 
 the county to which £he petition relates ; provided always 
 
 that if it shall appear to the court that special circum- 
 stances exist which render it desirable that the petition 
 should be tried elsewhere than in the county, it shall be 
 lawful for the court to appoint such other place for the 
 trial as shall appear most convenient. 
 
 11. The judge presiding at the trial may adjourn the Adjournment, 
 same from time to time and from any one place to any 
 
 other place within the county as to him may seem expedient. 
 
 12. At the conclusion of the trial the judge who tried Deoiaion and cer- 
 the petition shall determine whether the member whose '''''=**^ °' j"<'s^* 
 return or election is complained of, or any and what other 
 
 person, was duly retui-ned or elected, or whether the election 
 was void, and shall forthwith certify in writing such 
 determination to the Provincial Secretary, and upon such 
 certificate being given such determination shall be final to 
 all intents and purposes. 
 
 When any charge is made in an election petition of any judge's report, 
 corrupt practice having been committed at the election to 
 which the petition refers, the judge shall in addition to such 
 certificate and at the same time report in writing to the 
 Provincial Secretary as follows : — 
 
 (a.) Whether any corrupt practice has or has not been 
 proved to have been committed by or with the knowledge 
 and consent of any and which candidate at such election, 
 and the nature of such corrupt practices. 
 
 (b.) The names of any persons who have been proved 
 at the time to have been guilty of any corrupt practice. 
 
46 CONTROVERTED ELECTIONS [PART I. 
 
 Chap. 5. (c.) Whether corrupt practices have or whether there 
 
 is reason to believe that corrupt practices have extensively 
 prevailed at the election to which the petition relates. 
 
 Special report. 13. The judge may at the same time make a special 
 
 report to the Provincial Secretary as to any matters arising 
 in the course of the trial an account of which in his 
 judgment ought to be submitted to the House of Assembly. 
 
 14. Where upon the application of any party to a 
 petition made in the prescribed manner to the court it 
 appears to the court that the case raised by the petition 
 can be conveniently stated as a special case, the court may 
 direct the same to be stated accordingly, and any such 
 special case shall, as far as may be, be heard before the court 
 and the decision of the court shall be iinal ; and the court 
 shall certify to the Provincial Secretary its determination in 
 reference to such special case. 
 
 Questions of law Provided always that if it shall appear to the judge on 
 reserved. ^.j^^ ^^.j^^j ^j ^^^ ^^^^ petition that any question or questions 
 
 of law as to the admissibility of eyidence or otherwise 
 
 require further consideration by the court, then it shall be 
 
 lawful for the said judge to postpone the granting of the 
 
 said certificate until the determination of such question 
 
 or questions by the court, and for this purpose to 
 
 reserve any such question or questions in like manner as 
 
 questions are usually reserved by a judge on a trial at nisi 
 
 prius. 
 
 The Prsvinciai 15- The Provincial Secretary shall at the earliest prac- 
 
 Ifvedirectionsto ^icable moment after he receives the certificate and report 
 
 carry into effect (if any) of the court or iudare give the necessary directions 
 
 the determina- ^ i i i. ii j.i '',.='=' „ -^ - . 
 
 tion of thecourt. and adopt ail the proceedings necessary tor connrmmg or 
 
 altering the return, or for the issuing of a nevy writ for a 
 
 new election or for otherwise carrying the determination of 
 
 the court or judge into execution as circumstances may 
 
 Provincial secre- require. He shall also without delay if the legislature be 
 
 Sunica't^"to'' the then Sitting, or if it be not then sitting within five days after 
 
 House the deter- thg beginning of the then next session of the legislature, 
 
 mmation of the o , ~ . .^^ e * i i 
 
 Court. communicate to the Mouse or Assembly the determination, 
 
 report and certificate of the court or judge and his own 
 proceedings thereon. 
 
 The House of Assembly on being informed b}' the 
 
 Provincial Secretary of* such certificate and report (if any) 
 
 shall order the same to be entered on their journals. 
 
 Special report. 16. Where the judge makes a special report the house 
 
 may make such order in respect of such special report as 
 
 they think proper. 
 
 Corrupt prao- 17. On the trial of an election petition unless the judge 
 
 veeUgTted before o*'^®'^'^''^® directs any charge of a corrupt practice may be 
 
 proof of ageney. gone into and evidence in relation thereto received before 
 
TITl.E II.J AND CORRUFT PRACTICES'. 4T 
 
 any proof has been given of agency on the part of any Chap. 5. 
 candidate in respect of such corrupt practice. 
 
 IS-. The trial of an election petition shall be proceeded Trial to be pro- 
 with notwithstanding the acceptance by the respondent of '"'^'^^^'"^■ 
 an office of profit under the Crown. 
 
 19. The trial of an election petition shall be proceeded Prorogation of 
 with notwithstanding the prorogation of the house. House. 
 
 20. An election petition shall be in such form and Form of petition^ 
 state such matters as may be presci-ibed. 
 
 21. An election petition shall be served in such manner sendee ot pett- 
 as may be prescribed. **""■ 
 
 22. Two or more candidates may be made respondents Two o,r more re- 
 to the same petition^ and their case may for the sake of"^*^"*'' 
 convenience be tried at the same time ; but for all the 
 purposes of this Chapter such petition shall be deemed to be 
 
 a separate petition against each respondent. 
 
 23. Where more petitions than one are presented where more 
 relating to the same election or return all such petitions S ™' ''°"' 
 shall in the election list be bracketed together and shall 
 
 be dealt with as one petition, but such petitions shall stand 
 in the election list in the place where the last of such 
 petitions would have stood if it had been the only petition 
 presented unle.ss the court shall otherwise direct. 
 
 24. The court may from time to time make and alter court to make 
 and revoke general rules and orders for the effectual ™'^^ 
 execution of this Chapter and of the intention and objects 
 
 thereof, and the regulation of the practice, procedure and 
 costs of election petitions and the trial thereof and the 
 certifying and reporting thereon ; and such rules and orders 
 shall be forthwith published in the Royal Gazette news- 
 paper. 
 
 25. Any general rules and orders made as aforesaid Rule to- have 
 shall be deemed to be within the powers conferred by this ctaptet."°° ''^ 
 Chapter, and shall from the date of their publication in the 
 
 Royal Gazette be of the same force as if they were enacted 
 in the body of this Chapter. 
 
 26. Any general rules and orders made in pursuance Rules to be laid 
 of this Chapter shall be laid before the House of Assembly ''^*<"^" ^°™^- 
 within three weeks after they are made if the legislature 
 
 be then sitting, and if the legislature be not then sitting 
 within three weeks after the beginning of the then next 
 session of the legislature. 
 
 27. The general rules of the Supreme Court in relation Rules of suprenie 
 to controvered elections made in pursuance of "The Contro- uXroe* untif «"- 
 verted Elections and Corrupt Practices Prevention Act™^^^ ™'J^\^'?; 
 1875" shall continue in force until the same are revoked or chapter, 
 amended under the authority of this Chapter, and so far 
 
 as such rules or rules from time to time made under the 
 
48 
 
 CONTEOVEKTED ELECTIONS 
 
 Ipart i. 
 
 Chap. 5. 
 
 Expenses of 
 Judge. 
 
 Jnrisdiction of 
 Judge. 
 
 Swearing 
 nesses. 
 
 w4t- 
 
 Jndge may com^ 
 pel attendance of 
 \vitnesses. 
 
 Judge may ex- 
 amine witnesses. 
 
 Witness fees. 
 
 Witlidrawa! of 
 petition. 
 
 Notice of witi 
 drawal. 
 
 authority ■of this Chapter do not extend, the principles 
 practice and rules on which committees of the house have 
 heretofore acted in dealing with election petitions shall be 
 observed so far as may be by the court and judge in the 
 case of election petitions under this Chapter. 
 
 28. The travelling and other expenses of the judge 
 and all expenses properly incurred by the sheriff in 
 providing him with a proper court shall be defrayed from 
 the Provincial Treasury. 
 
 29. On the trial of an election petition the judge shall 
 subject to the provisions of this Chapter have the same 
 powers, jurisdiction and authority as a judge of the 
 •Supreme Court now possesses on circuit, and the court held 
 by him shall be a court of record. 
 
 30. Witnesses shall be subpoenaed and sworn in the 
 same manner as nearly as circumstances admit as in a trial 
 at nisiprius, 
 
 31. On the trial of an election petition the judge may 
 by order under his hand compel the attendance of any 
 person as a witness who appears to him to have been 
 concerned in the election to which the petition refers, and 
 any person refusing to obey such order shall be guilty of 
 contempt of court. 
 
 ■32. The judge may examine any witness so compelled 
 to attend or aay person in court although such witness is 
 not called and examined by or on behalf of petitioner and 
 respondent or either of them. After the examination of a 
 witness as aforesaid, by a judge, such witness may be cross- 
 examined by or on behalf of the petitioner and respondent, 
 or either of them. 
 
 33. The fees for travel and attendance payable to any 
 person appearing to give evidence at the trial of an election 
 petition under this chapter shall be the same and pa3'able 
 in the same manner as those allowed to witnesses in the 
 Supreme Court and may be allowed to such person by a 
 certificate under the hand of the judge; and such fees if 
 the witness was called and examined by the judge shall be 
 deemed part of the expenses of providing a court and in 
 other cases shall be deemed to be costs of the petition. 
 
 34. An election petition under this Chapter shall not 
 be withdrawn without the leave of the court or judge upon 
 special application to be made in and at the prescribed 
 manner, time and place. 
 
 35. No such application shall be made for the with- 
 drawal of a petition until the prescribed notice has' been 
 given in the county to which the petition relates of the 
 intention of the petitioner to make an application for the 
 withdrawal of his petition. 
 
TITLE II.J AND CORRUPT PRACTICES. 49 
 
 3G. On the hearing of the application for withdrawal Chap. 5. 
 any person who might have been a petitioner in respect of substitution of 
 the election to which the petition, relates may apply to the p°*'''™^'^- 
 court or jtidge to be substituted as a petitioner for the 
 petitioner so desirous of withdrawing the petition. 
 
 37. The court or judge may if it or he think fit Judge may order 
 substitute as a petitioner any such applicant as aforesaid ;maSi.' ^ 
 
 and may further, if the proposed withdrawal is in the 
 opinion of the court or judge induced by any con-upt 
 bargain or consideration, by order direct that the security 
 given on behalf of the original petitioner shall remain as 
 security for any costs that may be incurred by the substi- 
 tuted petitioner, and that to the extent of the sum deposited 
 as such security the original petitioner shall be liable to 
 pay the costs of the substituted petitioner : Provided 
 however, that the withdrawing petitioner may appeal from 
 the decision of one judge to the court as regards his 
 remaining security for the costs incurred by the substituted 
 petitioner on furnishing security for the costs of such 
 appeal ; and such security shall be in the form directed in 
 section 4, sub-section 5. 
 
 38. If no such order is made with respect to the Security on be- 
 
 ., ■ iiipr<ii ••1 i*i* •, half of substitut- 
 
 secunty given on behali or the original petitioner, security ed petitioner. 
 to the same amount as would be required in the case of a 
 new petition and subject to the like conditions shall be 
 given on behalf of the substituted petitioner, before he 
 proceeds with his petition and within the prescribed time 
 after the order of substitution. 
 
 39. Subiect as aforesaid a substituted petitioner shall substituted peti- 
 
 1 • 1 • . • 1 1 T 1 tioner. 
 
 stand in the same po.sition as nearly as may be, and be 
 subject to the same liabilities, as the original petitioner. 
 If a petition is withdrawn the petitioner shall be liable costs. 
 to pay the costs of the respondent. 
 
 40. Where there are more petitioners than one no withdrawal 
 application to withdraw a petition .shall be made except consent of aii 
 with the consent of all the petitioners. petitioners. 
 
 41. In every case of the withdrawal of an election Judge shaii re- 
 petition under this Chapter, the court or judge shall report withdrawal^ 
 to the Provincial Secretary whether in its or his opinion 
 
 the withdrawal of such petition was the result of any 
 corrupt arrangement, or in consideration of the withdrawal 
 of any other petition, and if so the circumstances attending 
 the withdrawal. 
 
 42. An election petition shall be abated by the death Death of peti- 
 of a sole petitioner or of the survivor of several petitioners. "™^'^' 
 
 43. The abatement of a petition shall not affect the Liability of peti' 
 liability of the petitioner to the payment of costs previously 
 incurred. 
 
50 CONTROVERTED ELECTIONS [PART I. 
 
 Chap. 5. 44. If before the trial of any election petition any of 
 
 Death, &c., of the following events happen in the case of the respondent, 
 
 respondent.' ^;^^^^ Jg (.q ga.y : 
 
 (I.) If he dies; 
 
 (2.) If the House of Assembly have resolved that his 
 seat is vacant ; 
 
 (3.) If he gives in and at the prescribed manner and 
 time notice to the court that he does not intend to oppose 
 the petition ; 
 
 Notice of such event having taken place shall be given 
 in the county to which the petition relates, and within the 
 prescribed time after the notice is given any person who 
 might have been a petitioner in respect of the election to 
 which the petition relates may applj' to the court or judge 
 to be admitted as a respondent to oppose the petition, and 
 such person shall on such application be admitted accord' 
 ingly either Math the respondent if there be a respondent, 
 or in place of the respondents ; and any number of persons 
 not exceeding three may be so admitted. 
 
 Respondent not 43. A respondent who has given the prescribed notice 
 tioaf^"^ P°"'that he does not intend to oppose the petition shall not be 
 allowed to appear or act as a party against such petition in 
 proceedings thereon, and shall not sit or vote in the House 
 of Assembly until the house has been informed of the report 
 on the petition, and the court or judge shall in all cases in 
 which such notice has been given in the prescribed time and 
 manner report the same to the Provincial Secretary. 
 
 Costs and charges 46. All costs, charges and expenses of and incidental 
 how defrayed, ^q ^j,g presentation of a petition under this Chapter and to 
 the proceedings consequent thereon, with the exception of 
 such costs, charges and expenses as are otherwise provided 
 for, shall be defrayed by the parties to the petition in such 
 manner and in such proportions as the court or judge may 
 determine, regard being had to the disallowance of any 
 costs, charges or expenses which may in the opinion of the 
 court or judge have been caused by- vexatious conduct, 
 unfounded allegations or unfounded objections on the part 
 either of the petitioner or respondent, and regard being had 
 to the discouragement of any needless expense by throwing 
 the burden of defraying the same on the parties by whom 
 it has been caused, whether such parties are or are not on 
 the whole successful. The costs may be taxed in the 
 prescribed manner, but according to the same principles as 
 costs between parties in actions at law ; and such costs may 
 be recovered in the same manner as the costs of an action 
 at law, or in such other manner as may be prescribed. 
 
'iTITLE 11?] AND CORRtTPT TRACTICES. 51 
 
 47. In th« event of <:osts being awarded in favor of Chap. 5. 
 -an\' party against any petitioner, such party shall after the costs payable 
 •expiration -of thirty days from the lendering of the decision ^'^j.j|y^"'y^^''j*'^J' 
 •by the judge, or, in case of an appeal, by the court, ispon 'S'sposit.' 
 
 'the production of a certificate of taxation by the proper 
 
 ■officer, be entitled to ^-eceive out of the deposit the amount 
 
 'taxed to him as aforesaid, if the aggregate of the costs 
 
 taxed against the -said petitioner, certificates whereof are 
 
 within the said period of thirty -days filed with the registrar, 
 
 ♦clerk or other preiper officer^ do not exceed the deposit.; or if if deposit insuffi 
 
 the total amount of the said certificates so filed as aforesaid S! ^^ ^™™ 
 
 exceed the deposit, then his proportion thereof^ and in the 
 
 ■event lastaforesaid such panty shall be entitJed forthwith to 
 
 -issue execution according to the practice in ordinary cases 
 
 -against the petitioner's goods or lands for the res-idue of the ' 
 
 ■costs so taxed to him as aforesaid. 
 
 48. Wthere it is found by the report of thejud^e upotioandidate guilty 
 -an election petitiofi that any corrupt practice has been .j^.g™"'™''* p''"^" 
 •committed by or with the knowledge and consent of any 
 •candidate «,t -an eiecti-on, his election if he has been elected 
 
 .shall be void, and he shaJl during the five years next after 
 the date of his being so found guiJty be incapable of being 
 ■elected bo and of sitting in the House of Assembly, and of 
 'bfeing registered as a voter and of voting at any election, and 
 of holding any office at the nomination of the Lieutenant- 
 ■Governor, or any munici,pal office, or of being appointed or 
 ■acting as a justice of the peace. 
 
 49. If on the trial of any election petition it is proved mector guiity'di 
 that any corrupt practice has been committed by any ™''™^* P''"'''™^- 
 ■elector votiais at the election, his vote shall be null and 
 
 Toid. 
 
 50. If on the trial of -an}' election petition any candidate candidate engag- 
 as proved to have personally engaged any person at the jy°g|ii"y'of '"oJ; 
 ■election to which such petition relates as a canvasser or ™P'^-P''=''^'i'=«5- 
 ■agent in relation to the election, knowing that such person 
 
 -has within five years previous to such engagement been 
 found guilty of any corrupt practice by any competent 
 legal tribunal or by the report of the judge upon an election 
 petition under this Chapter., the election of such candidate 
 shall be void, 
 
 51. Any person other than a candidate foand guilty of Persona other 
 
 , ,' . T ■ I, ■ 1 'ni. than candidates 
 
 -any corrupt practice in any proceeding in wnieti alter gunty of corrupt 
 notice of the charge he has had an opportunity of being p'^^'^'™*- 
 heard, shall during the five years next after the time at 
 which he is so found guilty be incapable of being elected 
 to and of sitting in the House of Assembly, and of being 
 registered as a voter and of voting at any election, and of 
 holding any office at the nomination of the Lieutenant- 
 
52 CONTROVERTED ELECTIONS [PART U 
 
 Chap; 5, Governor, or any municipal ofRce, or of being appointed or 
 
 acting as a justice of the peace. 
 Perjury ot wit- 52. If at any fime after any person has become- 
 nesses. disqualified by virtu-e of this Chapter the witnesses or any 
 
 of them on whose testimony such person shall have so 
 become disqualified shall upon the prosecution of suclfi 
 person be convicted of perjury in respect of such testimony, 
 it shall be lawful for such person to move the court to" 
 order, and the court shall' upon being satisfied that such 
 disqualification was procured by reason of perjury, order that 
 such disqualification shall thenceforth cease and determine; 
 and the same shall cease and determine accordingly. 
 
 Wilful refusal,. 53, If any i-etuming officer wilfully delays„ neglects or 
 
 &c., of returning j. ,,•' " i iTiii-i-ji 
 
 officer to make reiuscs to return any person who ought to be returned to 
 
 return. serve in the House of Assembly for any county, such 
 
 person may in case it ha& been determined on tlie hearing 
 
 of an election petition under this Chapter that such person 
 
 was entitled to have been returned, sue the officer having 
 
 so wilfully delayed, neglected or refused duly to make 
 
 such return of his election in any court of record in Nova« 
 
 Scotia, and shall recover double the damages he has 
 
 sustained by reason thereof, together with full costs of 
 
 suit, provided such action be commenced within one year 
 
 after the commission of the act on which it is grounded, or 
 
 within six months after the conclusion of the trial relating, 
 
 to such election. 
 
 Reckoning time. 54. In reckoning time for the- purposes- of th-is Chapter 
 
 the same principles and practice shall apply and obtain as. 
 
 in ordinary proceedings in the Supreme Coiirt. 
 
 Election or re- 55. No election or return to the house shall be 
 
 tSd.''"'* ''"^^" questioned except in accordance with the provisions of this- 
 
 Chapter, 
 
 Sheriff, &c., com- 56. Where an election petition complains of the conduct 
 
 petition be^deem- of a sheriff or returning officer, such sheriff" or returning 
 
 ed a respondent, officer shall for all the purposes of this Chapter,, except the 
 
 admission of respondents in hisplace,,be deemed a respondent. 
 
 Petition com- 57. A petition complaining of no return may be 
 
 retiraT ° "" presented to the court^and shall be deemed to be an election 
 
 petition within the meaning of this Chapter, and the court 
 
 may make such order thereon as it thinks expedient for 
 
 compelling, a return to be made, or may allow such petition 
 
 to be heard by the judge in manner hereinbefore provided 
 
 with respect to ordinary election petitions. 
 
 ReBpondent may 58. On the trial of a petition under this Chapter, 
 
 SI!nst ^'^Jitrson Complaining of an undue return and claiming the seat for 
 
 ircMmc" ^'^^'some person, the respondent may give evidence to prove 
 
 that the election of such person was undue in the same 
 
TITLE n.] AND COERUrr PRACTICES. 53 
 
 manner as if he had presented a petition complaining of Chap. 5. 
 such election. 
 
 '59. Any person who according to the law for the time Attorney, &c., 
 being is entitled "to practise as an attorney or solicitor inS Sf'^eiecUon 
 !Nova Scotia may practise as agent or attorney, and any p"^'"'""^- 
 person wh« by the law for the time being is entitled to 
 practise a-s a bafrister-at-law may practise as a counsel in 
 cases of election petitions and «,11 mattexs relating to 
 ■electioas before the court or judge. 
 
 'FRKVKNTION OF CORRUPT PRACTICES. 
 
 60. No candidate shall at any election, nor shall any candidates not 
 ■other person acting on his behalf, either provide or furnish freshments^ for 
 drink or other refreshment to any elector during such elec- '''^"""*' 
 tion, from nomination day to pdlling day, both inclusive, or 
 
 pay for, procure, or engage to pay for, any such drink or 
 ■other refres'hment. 
 
 61. No candidate or any other person shall furnish or candidates, &c., 
 
 1 • L 1 -C L £ ^ 1.1 not to furnish 
 
 supply an}' ensign, standard or set oi colours, or any other Hags. 
 flag, to or for any person or persons whomsoever, with 
 intent that the same should be carried or used in any 
 county on the day of election, or within eight days before 
 ■such da-y, or during the continuance of such election or the 
 polling by such person or any other, as a party flag, to dis- 
 tinguish the bearer thereof and these who may .follow the 
 same as the supporters of such candidate or of the political 
 or other opinions entertained or supposed to be entertained 
 by such candidate:; nor shall any person for any reason 
 carry or use any such ensign, standard or set of 
 colours or other flag, as a party flag, within such 
 county on the day oi any such election or polling, or within 
 ■eight days before such day, ■or 'during the eontinuanoe ef 
 such election. 
 
 '62. No candidate or any other person shall furnish or Candidates, &c., 
 supply any ribbon, label or like favor, to or for any person ribbon,"&e'."""^^ 
 whomsoever, with intent that the sam-e should be worn or 
 iised within such county on the day of election or polling 
 or within eight days before such day or during the continu- 
 ance of fiuch election, by such person or any other as a 
 party badge to distinguish the wearer as the supporter of 
 fiudh -candidate, or df 'the political or other opinions enter- 
 tained or supposed to be entertained by such candidate ; 
 nor shall an}' person use or wear any ribbon, label or other 
 favor, as such badge either on his person or aflixed to any 
 horse or vehicle, within such county on the day of any 
 ■such election or polling, or within eight days before such 
 iday., or during the continuance of such election. 
 
54 CONTROVERTED EJECTIONS ^ [JPARr T.. 
 
 Chap: 5'. 63. Ever}- person offending against any of the provi- 
 
 Penaitie^ " sions of the three next preceding sections shall be punishable- 
 by fine not exceeding one hundred dollars,, or imprisonment, 
 not exceeding three months, or by both,, in the discretion. 
 o£ the Cowrt^ 
 No lienor to Be 64. No spirituous or fermenbed Kcjfiiors or strong drinks. 
 BomiTgSy!" °"s^all be sold or given at amy hotel, tavern or .shop or other- 
 place whatever within the limits of any polling di.strict 
 during the whole of the polling day ait ainy election under 
 a penalty o-f one himdred dollars for every offense ; and 
 the offender shall be subject to impi-isonment, not exceeding 
 six months, at the discretion of the judge or court, in> 
 default of payment of such fin«. 
 Penalties for 65.. Every candidate whoi corruptly, hy himself or- 
 Sm'mts."" by or with any person, or by any other ways or means on, 
 his behalf or with his knowledge and ccaisent, at any time- 
 either before or during- any e-lection, directly or indirectly 
 gives or provides or causes to be given, or provided, or is, 
 accessory to the giving or providing, or pays wholly or in, 
 part any expenses incurred for, any meat,drink:,refreshment 
 or provision to or for any person, in order to be elected or- 
 for being elected, or for the purpose of corruptly influencing - 
 such person or any other person to give or refrain from 
 giving his vote at such election, shall be deemed guilty of 
 the offence of treating, and shall forfeit the sum of two. 
 hundred dollars to. any person who .shall sue for the same,^ 
 with full costs of suit, or shall suffer imprisonment in the- 
 common jail where the offence wa-s- committed for a termi 
 not exceeding three m©nths, in addition to any other to, 
 which he may be liable therefor under any other jHTOvisioni 
 of this Chapter ; and on the trial of an election petition, 
 there shall be struck off' from the number of votes jriven for- 
 such candidate one vote for every person who shall have- 
 voted and is praved on such trial tahave corruptly accepted, 
 or taken any such meat, drint, refreshment or provision : 
 
 And the giving or cau.sing to be given to. any voter on, 
 the nomination day or day of polling on account of such, 
 voter having voted or feeing about to vote, aaiy meat, drink: 
 or refreshment, or any money or ticket ta enable such voter- 
 to procure refre,shment, shall be deemed an unlawful act,, 
 and the person so offending shall on summary conviction, 
 thereof before any justice of the peace forfeit the sum of" 
 ten dollars, and in default of payment shall bo imprisoned, 
 in the county jail for a period not exceeding ten days. 
 
 Hiring teams and 66. And whereas doubts may arise as to- whether the- 
 
 penaitles there! hiring of tcams and vehicles to convey voters to a,nd from, 
 
 i"^- the polls, and the paying of railway fares and other 
 
 expenses of voters be or be not according to, la.w,. it is. 
 
TITLE II.] AND CORRUPT PRACTICES, 65 
 
 declared and enacted that the hiring or promising to pay Chap. 5. 
 or paying for any horse, team, carriage, cab or other veliicle " 
 
 by any candidate or by any person on his behalf, to convey 
 any voter or voters to or from the poll, or to or from the 
 neighbourhood thereof at any election, or the payment by 
 any candidate or by any . person, on his behalf of the 
 travelling and other expenses of any voter in going to or 
 returning from any election, are and shall be unlawful acts ; 
 and the person so offending shall forfeit the sum of one 
 hundred dollars to any person who shall sue for the same ; 
 and any voter hiring any horse, cab, cart, waggon, sleigh, 
 carriage or other conveyance for any candidate, or for any 
 agent of a candidate, for the purpose of conveying any 
 voter or voters to or from the polling place or places, shall 
 ipso facto be disqualified from voting at such election, and 
 for every such offence shall forfeit the sum of one hundred 
 dollars to any person suing for the same. 
 
 67. Every candidate who corruptly, by himself or by Personation. 
 or with any other person on his behalf, compels or induces 
 
 or endeavors to induce any person to personate any voter 
 shall, in addition to any other punishment to which he may 
 be liable for such offence, be liable to forfeit the sum of 
 two hundred dollars to any person suing for the same, or 
 shall suffer imprisonment as aforesaid for a term not 
 exceeding three months. 
 
 68. The following persons shall be deemed guilty o^l^if''ath^her^ 
 bribery, and shall be punishable accordingly ; — 
 
 I. Every person who shall directly or indirectly, by 
 himself or by any other person on his behalf, give or lend, 
 or agree to give or lend, or shall offer, promise, or promise 
 to procure, or to endeavour to procure, any money or valu' 
 able consideration, to or for any voter, or to or for any 
 person on 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. 
 
 II. Every person who shall directly or indirectly, by 
 himself or by any other person on his behalf, give or 
 procure, or agree to give or procijre, or offer, promise, or 
 promise to procure, or to endeavour to procure, any office, 
 place or employment, to or for any voter, or to or for any 
 person on behalf of any 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 hf^ving voted or refrained from 
 voting at any elegtion, 
 
56 CONTROVERTED ELECTIONS [PAKT I. 
 
 Chap. 5. III. Every person who shall directly or indirectly, by 
 
 himself or by any other person on his behalf, make any 
 such gift, loan, offer, promise, procurement, or agreement 
 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. 
 
 IV. Every person who shall, upon or in consequence of 
 any such gift, loan, offer, promise, procurement or agree- 
 ment, procure or engage, promise or endeavour to procure 
 the return of any person to serve in General Assembly, or 
 the vote of any voter at any election. 
 
 V. Every person who shall advance or pay, or cause 
 to be paid, any money to or to the use of any other person, 
 with the intent that such money or any part thereof shall 
 be 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 
 in part expended in bribery at any election. 
 
 Penalty. 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 shall not extend or 
 be construed to extend to any money paid or agreed to be 
 paid for or on account of any legal expenses bond fide 
 incurred at or concerning any election, 
 other persons 69. The following persons shall also be deemed guilty 
 briber)'.^'""'"' of bribery, and shall be punishable accordingly: — 
 
 I. Every voter who shall before or during any election, 
 directly or indirectly, by himself or by any other person 
 on his behalf, receive, agree or contract for any money, 
 gift, loan or valuable consideration, office, place or employ- 
 ment for himself or for any other person, for voting or 
 agreeing to vote, or for refraining or agreeing to refrain 
 from voting, at any election. 
 
 II. Every person who shall after an election directly 
 or indirectly, by himself or by any other person on his 
 behalf, receive any money or valuable consideration on 
 account of any person having voted or refrained from 
 voting, or having induced any other person to vote or 
 refrain from voting at any election. 
 
 Penalty. And any person so offending shall on summary con- 
 
 viction before any two justices of the peace, stipendiary or 
 police magistrate, be subject to a fine of forty dollars,'and 
 in default of payment shall be imprisoned in the county 
 gaol for a period not exceeding one month. 
 wolence'Torin? . ^^- ^^^^T person who shall directly or indirectly, by 
 timidating ' o r himself Or by any other person on his behalf, make use of 
 TOtos!""*' '' or threaten to make use of any force, violence or restraint, 
 
TITLE II.] AND CORRUPT PRACTICES. 57 
 
 or inflict or threaten the infliction by himself or by or Chap. 5. 
 through any other person of any injury, damage, harm or 
 loss, or in any other manner practice intimidation upon or 
 against any person in order to induce or compel such 
 person to vote or refrain from voting, or on account of 
 such person having voted or refrained from voting at any 
 election ; or who shall by abduction, duress or any fraudu- 
 lent device or contrivance impede, prevent or otherwise 
 interfere with the free exercise of the franchise of any 
 voter, or shall thereby compel, induce or prevail upon any 
 voter either to give or refrain from giving his vote at any 
 election, shall be deemed to have committed the offence of 
 undue influence, and shall be liable to forfeit the sum of 
 two hundred dollars to any person who shall sue for the 
 same, together with costs of suit. 
 
 71. The oflences of bribery, treating or undue influence, Bribery, treat- 
 or any of such offences, as defined by this Chapter or any "ofrap't practices 
 other Act of the Legislature of this Province, personation 
 
 or the inducing any person to commit personation, or any 
 wilful offence against any one of the seven next preceding 
 sections of this Chapter, shall be corrupt practices within 
 the meaning of the provisions of this Chapter. 
 
 72. No person shall be excused from answering any no person to be 
 
 ,. , , ... ,. ., ,. '^ -,. ^ excused from 
 
 question put to him m any action, suit or other proceeding answering before 
 in any court, or before any judge, commissioner or other "■ ^"*^^' *°' 
 tribunal touching or concerning any election, or the conduct 
 of any person thereat or in relation thereto, on the ground 
 of any privilege, or on the ground that the answer to such 
 question will tend to criminate such person. 
 
 73. ' Every executory contract, or promise, or undertak- ^aer&c'^vow" 
 ing, in any way referring to, arising out of, or depending 
 upon any election under this Chapter, even for the payment 
 of lawful expenses or the doing of some lawful act, shall 
 be void in law; but this provision shall not enable any 
 person to recover back any money paid for lalwful expenses 
 connected with such election. 
 
 74. No payment (except in respect of the personal Payments on ac- 
 
 f* T t 1 \ 1 1 1 J 'I count of election 
 
 expenses oi a candidate) and no advance, loan or deposit to be through 
 shall be made by or on behalf of any candidate at any^senis. 
 election, before or during or after such election, on account 
 of such election, otherwise than through an agent or agents, 
 whose name or names, address or addresses, have been 
 declared in writing to the sheriff on or before the nomi- 
 nation day or through an agent or agents to be appointed 
 in his or their place as herein provided ; and any person 
 making any such payment, advance, loan or deposit other- 
 wise than through such agent or agents shall be guilty of 
 an offence agskm^ii this Chapter. 
 
58 CONTROVERTED ELECTIONS [PART I. 
 
 Chap. 5. It sball be the duty of the sheriff to publish on or before 
 
 Sheriff to pub- the nomination day the name and address or the names and 
 agents"^"^^ "* addresses of the agent or agents appointed in pursuance 
 
 of this section. 
 In case of death In the event of the death or legal incapacity of any 
 another^ to*"™e agent appointed in pursuance of this section, the candidate 
 appointed. shall forthwith appoint another agent in his place, giving 
 notice to the sheriff of the name and address of the person 
 so appointed, which shall be forthwith published as herein- 
 before provided by the sheriff. 
 
 Bills to be sent 75. All persoiis who have any bills, charges or claims 
 after dliciaTatba upon any Candidate for or in respect of any election, shall 
 dv- send in such bills, charges or claims within one month after 
 
 the day of the declaration of the election to such agent or 
 agents as aforesaid ; otherwise such persons shall be barred 
 of their right to recover such claims, and every or any 
 part thereof : Provided always that in the event of the 
 death within the said month of any person claiming the 
 amount of any such bill, charge or claim, the legal repre- 
 sentative of such person shall send in such bill, charge or 
 claim within one month of his obtaining probate or letters 
 of administration, or of his becoming otherwise able to act 
 as such legal representative, otherwise the right to recover 
 such claim shall be barred as aforesaid ; and provided also 
 that such bills, charges and claims shall and may be sent 
 in and delivered to the candidate, if and so long as during 
 the said month there shall, owing to death or legal 
 incapacity, be no such agent ; and provided also that the 
 agent shall not pay any such bill, charge or claim without 
 the authority of the candidate, as well as the approval of 
 the agent. 
 
 statement of 76. A detailed statement of all election expenses 
 pen9es"'''to ™e incurred by or on behalf of any candidate, including such 
 published. expected payments as aforesaid, shall with'in two months 
 after the election (or in cases where by reason of the death 
 of the creditor no bill has been sent in within such period 
 of two months, then within one month after such bill has 
 been sent in) be made out and signed by the agent, or if 
 there be more than one, by every agent who has paid the 
 same (including the candidate in cases of payments made 
 by him) and delivered with the bills and vouchers relative 
 thereto to the sheriff; and the sheriff for the time being 
 shall at the expense of the candidate within fourteen days 
 insert or cause to be inserted an abstract of such state- 
 ment, with the signature of the agent or agents thereto, in 
 some newspaper published or circulating in the county 
 where the election was held ; and any agent or candidate 
 who makes default in delivering to the sheriff the state- 
 
TITLE II.] AND CGERUPT PEACTIOES. S§ 
 
 ments required by this section shall incur a penalty not Chap. 5. 
 exceeding twenty dollars for every day during which he 
 so makes default ; and any agent or candidate who wilfully 
 furnishes to the sheriff any untrue statement shall be 
 guilty of an offence against this Chapter; and the said 
 sheriff shall preserve all such bills and vouchers, and during 
 the six months next after they shall have been delivered to 
 him, shall permit any voter to inspect the same on payment 
 of a fee of twenty cents. 
 
 77. No sheriff or presiding ofBcer for any polling sheriff or pre- 
 district, nor any partner or clerk of either of them, shall partife?*f c'leS 
 act as agent for any candidate in the management or°^J'\'Jf''j,°/^''™^ 
 conduct of his election for such county; and if any sheriff for any candi- 
 or presiding officer, or the partner or clerk of either of 
 
 them so acts, he shall be guilty of an offence against this 
 Chapter. 
 
 78. The words "personal expenses" as used in this personar ex- 
 Chapter with respect to the expenditure of any candidate p™^^ 
 
 in relation to the election at which he is a candidate shall 
 include the reasonable travelling expenses of such candidate, 
 and the reasonable expenses of his living at hotels or 
 elsewhere, for the purpose of and in relation to such election. 
 
 MISCJEXLANEOtrS- PROVISIONS: 
 
 79. Where the sheriff is by this Chapter required or Notice by sheria; 
 authorized to give any public notice, and no special mode *"""' ^''"'^' 
 
 of giving the same is mentioned, he may give the same by 
 advertisement, placards, handbills, or such other means as 
 he may think best calculated to give the information to the 
 electors. 
 
 80. -^y party to an election petition, whether Any party to a 
 petitioner or respondent, may at any time after such examinedr" ^^' 
 petition is at issue, before or pending the trial thereof, be 
 examined by a judge or examiner in the manner hereinafter 
 directed by a party adverse in point of interest touching 
 
 any matter raised by such petition; and any party so 
 examined may be further examined on his own behalf i^ 
 relation to any matter respecting which he has been 
 examined in chief ; and when one of several petitioners or 
 respondents has been so examined, any other petitioner or 
 respondent united in interest may be examined on his own, 
 behalf or on behalf of those united with him in interest to. 
 the same extent as the party so examined : Provided that 
 such explanatory examination must be proceeded with 
 immediately after the examination in chief and not at any- 
 future period,^ except by leave of the court or judge.. 
 
60 CONTROVERTED ELECTIONS {PART I. 
 
 Chap. 5. Where any petition has been filed*claiming the seat for 
 
 a candidate, such candidate, although not a party to tlie 
 petition, may be orally examined as if he were a petitioner. 
 How and when 81. Any party to be examined orally under the 
 tkfn is 'to "tX provisions of this Chapter, shall be so examined by or 
 iflaoe. before a judge, a master of the Supreme Court, prothonotary 
 
 of the court in which such election petition is pending, or 
 before any barrister-at-law named for the purpose by the 
 court or the judge ; and such examination shall take place 
 in the presence of the parties, their counsel, agents or 
 attorneys; and the party so examined orally shall be 
 subject to cross-examination and re-examination ; and such 
 examination, cross-examination and re-examination shall be 
 conducted as nearly as may be in the mode now in use in 
 courts of common law on a trial at nisi prius, or in 
 equity at the hearing of a cause ; subject to the provisions 
 hereinafter made. 
 Depositions, bow 82. The depositions taken upon any such oral examina- 
 tion as aforesaid shall be taken down in writing by the 
 examiner, not ordinarily by question and answer, but in 
 the form of a narrative ; and when completed shall be read 
 over to the witness and signed by him in the presence of 
 the parties, or of such of them as may think fit to attend : 
 Provided always that in case the witness shall refuse or 
 be unable to sign the said depositions, then the examiner 
 shall sign the same ; and such examiner may upon every 
 examination state any special matter to the court if he 
 shall think fit. Provided also that it shall be in the 
 discretion of the examiner to put down any particular 
 question or answer if there should appear to be any special 
 reason for so doing ; and any questions which may be 
 objected to shall at the request of either party be noticed 
 or referred to by the examiner in or upon the depositions, 
 and he shall state his opinion thereon to the counsel, agents, 
 attorneys or parties ; and if requested by either party he 
 shall refer to such statement on the face of the depositions. 
 Original deposi- 83. When the examination before the examiner shall 
 tionstobefle . jjg^y^ been conclud'cd the original depositions, authenticated 
 by the signature of such examiner, shall be transmitted by 
 him to the office of the court to be there filed, and any 
 party to the petition may have a copy thereof, or of any 
 part thereof, upon payment for the same in such manner 
 as shall be prescribed by the court in that behalf. 
 
 Attendance upon 84. The attendance of a party or other person for oral 
 
 " examination or cross-examination before the examiner may 
 
 be required' by a writ of subpoena ad testificandum or 
 
 duces tecum, in like manner as such pai'ty or person 
 
 would be required to attend the trial of the petition, and 
 
 (examiner. 
 
TITLE II.J AND CORKUPT PRACTICES. 61 
 
 any party or person upon being served with such writ Chap. 5. 
 shall be bound to attend before the examiner; but such 
 party or person shall be entitled to the like payment for 
 attendance and expenses as if he had been subpoenaed to 
 attend upon the trial. 
 
 85. The sheriif, gaoler or other officer having the sheriff may take 
 custody of any prisoner may take such prisoner for examina- examtaer. ^'"'^^ 
 tion before the examiner under the authority of this 
 Chapter, if so ordered by the court or a judge, 
 
 86. Forty-eight hours' notice of any such oral examina- Notice. 
 tion or cross-examination shall be given to the opposite 
 party or parties. 
 
 87. Any party or person refusing or neglecting to Refusal of any 
 attend at the time and place appointed for his examination OTMswe^r.''"™'* 
 or cross-examination, or refusing to be sworn or to answer 
 
 any lawful question put to him by the examiner or by any 
 party entitled to do so or his counsel, agent or attorney, 
 may be punished as for a contempt of court ; provided 
 always that if any witness shall demur or object to any 
 question which may be put to him, the question so put and 
 the demurrer or objection of the witness thereto shall be 
 taken down by the examiner and transmitted by him to 
 the office of the court to be there filed, and the validity of 
 such demurrer or objection shall be decided by the court or 
 a judge, and the costs of and occasioned by such demurrer 
 or objection shall be in the discretion of the court or judge. 
 
 88. Any party to. a petition shall be entitled to use Depositions, how 
 upon the trial of such petition depositions taken by or"^^ " 
 before the examiner in accordance with the provisions of 
 
 this Chapter: Provided that where such party uses any 
 portion of a deposition so taken it shall be competent for 
 the party against whom it is used to put in the entire 
 evidence so taken, as well that in chief as that in explanation. 
 
 89. Any party to any election petition whether Production d 
 petitioner or respondent may at any time after such petition '^™""'*"'^- 
 
 is at issue before or pending the trial thereof, obtain a 
 rule or order of the court or a judge requiring the adverse 
 party to produce within ten days after the service thereof 
 under oath all documents in his custody or power relating 
 to the matters in question, saving all just exceptions, and 
 to deposit the said documents with the clerk of the court, 
 and upon such documents being produced the party 
 requiring such production or his agent or attorney may 
 inspect the same and take examined copies thereof: Provided 
 that when any person upon whom a rule or order to 
 produce has been served wishes to avail himself of any 
 such exception as above mentioned, he must in his affidavit 
 
''62 CONl'ROVBHTfiD ELECTIOl^S PARf I. 
 
 Chap. 5. on production assign a sufficient reason why he should not 
 
 produce and deposit the same in manner aforesaid. 
 Euie for pro- 90. The rule or order referred to in the preceding 
 
 ■duction of docu^ ,• i n • • !_• • l t i 
 
 ments may issue section shall issue in vacation as in term, and may be 
 
 m vacation. obtained on the last as well as othei- days of term, and such 
 
 rule or order shall be dated the day of the week, month 
 
 and year on which the same was drawn up, and need not 
 
 specify any other time or date, and such rule or order may 
 
 be obtained by the party requiring the same, his agent or 
 
 attorney, from the prothonotary of the court. 
 
 ■Service thereof. 91. The rule for the production of documents shall not 
 
 require personal service, and it shall be sufficient to serve 
 
 the same upon the agent or attorney of the party. 
 
 Beiusingto obey 92. Any party neglecting or refusing to obey a rule 
 
 sue lue. £^^ ^Y^Q production of documents, may be punished as for a 
 
 contempt of court. 
 Affidavit on pro- 93. The affidavit on production to be made by the 
 <iuction. party who has been served with the rule for production 
 
 may be in the form or to the effect of the schedule to this 
 Chapter, varied as the facts require. 
 jud^ernay direct 94. Whenever the judge presiding at the trial of any 
 the°^pun"ishment elftction petition rcports any candidate or person as having 
 date"!""*^ "^"'^' been proved at such trial guilty of a corrupt practice, s.uch 
 judge may in his discretion direct the proper person to 
 take the necessary proceedings for the punishment of such 
 candidate or person. 
 
 When respond- 95. Whenever it appears to the court or judge that 
 
 leccssaryr^S the respondent's presence at the trial is necessary, the trial 
 
 mencld ''^duri"" *'^' ^^ electiou petition shall not be commenced during any 
 
 session of Legis"- scssion of the Legislature, and in the computation of any 
 
 delay allowed for any step or proceeding in respect of any 
 
 such trial, or for the coihmencement of such trial, under the 
 
 next following section, the time occupied by any such 
 
 session shall not be reckoned. 
 
 Time of trial. 96. Subject to the provisions of the next preceding 
 
 section, and except that it shall not be commenced or 
 proceeded with during any term of the Supreme Court 
 at which the judge trying it is by law bound to sit, the 
 trial of every election petition shall be commenced within 
 six months from the time when such petition has been 
 presented, and shall be proceeded with de die in diem until 
 the trial is over, unless on application supported by 
 affidavit it be shewn that the requirements of justice render 
 Postponement of it necessary that a postponement of the case should take 
 *"*'■ place : Provided that whenever three months have elapsed 
 
 after such petition is at issue without the day for the trial 
 being fixed any elector may on application, if the court or 
 
TITLE II.] ANt> CDftRUPT PRACTICES. 63 
 
 judge think proper, be submitted for the petitioner on such Chap. 5. 
 terms as shall be just. 
 
 97. lii ease, on the trial of an election petition, it is Agent to pay 
 , determined that the election is void by reason of any act hrcertain^as™ 
 
 of an agent committed without the knowledge and consent 
 of the candidate and that costs should be awarded to the 
 petitioner in the premises, the agent may be condemned 
 to pay such costs, and the court or judge shall order that 
 such agent be summoned to appear at a time fixed in such 
 summons, in order to determine whether such agent should 
 be condemned to pay such costs. If at any time so fixed 
 the agent so summoned do not appear he shall be condemned 
 on the evidence already adduced to pay the whole or a due 
 proportion of the costs awarded to the petitioner, and if he 
 do appear the court or judge, after hearing the parties and 
 such evidence as shall be adduced, shall give such judgment ' 
 as to law and evidence shall appertain. The petitioner shall 
 have process to recover such costs against such agent in like 
 manner as he might have process against the respondent, 
 and no process shall issue against the respondent to recover 
 such costs until after the return of process against such 
 agent. 
 
 98. Every person guilty of a violation of or offence General penalty 
 against this Chapter for which no special penalty is JSIs chipt'e™ °' 
 hereinbefore provided, shall forfeit a sum not exceeding 
 
 one hundred dollars, and in default of payment shall be 
 imprisoned for a term not exceeding three months. 
 
 99. The pecuniary penalties hereby imposed for the penalties, how 
 offences of bribery or undue influence respectively shall, ''^°'^'^'^'*' 
 unless otherwise herein provided, be recoverable by action 
 
 or suit in the Supreme or County Court by any person who 
 shall sue for the same. 
 
 100. It shall be lawful for the court, in any case of court may order 
 prosecution for any offence against the provisions of this seoutkin! °* ''"^"^ 
 Chapter, to order payment to the prosecutor of such costs, 
 
 and expenses as to the court shall appear to have been 
 reasonably incurred in and about the conduct of such 
 prosecution. 
 
 101. In case of any indictment or information by a Defendant en- 
 private prosecutor for any offence against the provisions of fuigmMt^Tn his 
 this Chapter, if judgment shall be given for the defendant *^™'^- 
 
 he shall be entitled to recover from the prosecutor the costs 
 to be taxed by the court, sustained by the defendant by 
 reason of such indictment or information. 
 
 102. It shall not be lawful for the court to order Prosecutor must 
 
 , n . 1 IP i_ • i? (\^ enter into recos- 
 
 payment ot the costs oi a prosecution tor any oitence nizance or not & 
 against the provisions of this Chapter unless the prosecutor""""'^'' 'o""^'^' 
 
64 CONTROVERTED ELECTIONS [PART I. 
 
 Chap. 5. shall, before or upon the finding of the indictment or the 
 granting of the information, enter into a recognizance with 
 two sufficient sureties in the sum of five hundred dollars 
 with the conditions following, that is to say, that the 
 prosecutor shall conduct the prosecution with effect, and 
 shall pay to the defendant, in case he shall he acquitted, 
 his costs. 
 
 Limitation of 103. No persou shall be liable to any penalty or 
 
 forfeiture hereby enacted or imposed unless some prosecu- 
 tion, action or suit for the offence committed shall be 
 commenced against such person within the space of six 
 months next after such ofience shall be committed, and unless 
 such person shall be summoned or otherwise served with 
 writ or process within the same space of time, so as such 
 summons or service of writ or process shall not be prevented 
 . by such person absconding or concealing himself or with- 
 drawing from the province ; and in case of any such 
 prosecution, suit or process as aforesaid, the same shall be 
 proceeded with and carried on without any wilful delay. 
 
 In an action lor 104. In an actiou for recovery of a forfeiture under 
 Mture"^^ "utHci- this Chapter it shall suffice for the plaintiff to declare that 
 ™7 . '■' P]?"- the defendant is indebted to him in the amount of the 
 
 till s aeclaration. „,, . ., -, , ., ^. 
 
 lorteiture, 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. 
 
 How this Chap- 105. This Chapter may be named and cited as " The 
 *""'°'''°"*^- Controverted Elections and Corrupt Practices Prevention 
 Act." 
 
 SOHEDXJXiE. 
 
 Form of Affidavit on production of books and papers. 
 
 In the Court. 
 
 Election for holden on the day 
 
 of A. D. 
 
 I, of , make oath and say : 
 
 1. That I have in my possession or power the documents 
 relating to the matters in question set forth in the first and 
 second parts of the first schedule hereto annexed. 
 
 2. I object to produce the said documents sst forth in 
 the second part of the said first schedule. 
 
TITLE II.] AND CORHUFr PRACTICES. 65 
 
 3. (State upon what grounds objection is made, and Chap. 5. 
 verify the facts as far as may he.) 
 
 4. I have had, but have not now in my possession or 
 po%yer, the documents relating to the matters in question 
 set forth in tlie second schedule hereto annexed. 
 
 5. The last mentioned documents were last in my 
 possession or power on (state luhen.) 
 
 6. (State luhat has hecovie of the last mentioned docu- 
 inents, to vjhom you have given them, and in ruhose 
 possession th^y notv are.) 
 
 7. According to the best of myknowledge.remembrance, 
 information and belief -I have not now and never had in 
 my own possession, custody or power, or in the possession, 
 custody or power of my agents or attorneys, agent or 
 attorney, or in the possession, custody or power of any 
 other person on my behalf, any deed, account, book of 
 accounts, minutes, vouchers, receipt, letter, memorandum, 
 paper or writing, or any copy of or extract from any such 
 document or other document whatever relating to the 
 matters in question, or any of them, or wherein any entry 
 has been made relative to such matters, or any of them, 
 other than and except the documents set forth in the first 
 and second schedules hereto annexed. 
 
 Sworn, &c. 
 
 (Annex the schedules, mentioning the documents in 
 question.) 
 
66 casual and territorial revenue. [part i. 
 
 Chap. 6. 
 
 TITLE III. 
 
 OF PEOVINCIAL PKOPERTY : ITS REGULATION 
 AND MANAGEMENT. 
 
 CHAPTEE 6. 
 
 OF THE CASUAL AND TERRITORIAL REVENUE. 
 
 Casual and terri- 1. The proceeds of all the casual and territorial revenues 
 where plld.™"^' of the Crown in the Province, as hereinafter designated, 
 shall he paid into the Provincial Treasury. 
 
 Of what it con- 2. The Several casual and territorial revenues of the 
 ^"^'^' Crown, and the monies and funds and other rights which 
 
 are placed at the disposal of the General Assembly for the 
 use of the Province, under and by virtue of this Chapter, 
 are declared to be — all rents, sums of money, returns, 
 profits and emoluments arising, reserved, due 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 nature or description, and also all 
 fees and payments and commutation therefor, at the oflace 
 of the Provincial Secretary received or payable, in respect 
 of any writings, licenses, instruments or commissions there 
 made or issued, and on which fees were heretofore payable 
 to the Lieutenant-Governor and Provincial Secretary, and 
 lastly, all fines, penalties and forfeitures imposed under any 
 law of the Province and applicable for the use of Her 
 Majesty. 
 
 Transfer of mines 3. All the right and title of Her Majesty, whether in 
 an minerals, j-evcrsion or otherwise, of, in, to and out of all mines, 
 minerals and oils whatsoever within the Pi'ovince, including 
 the island of Cape Breton, and also all rents and profits 
 arising therefrom, are assigned, transferred and surrendered 
 to the disposal of the General Assembly of this Province, 
 subject only to the existing rights of the lessees and persons 
 entitled under existing statutes, and of all persons claiming 
 under them or any of them, and shall be managed, leased, 
 disposed of, made available, paid and applied in such 
 
TITLE III.] CASUAL AND TERRITORIAL REVENUE. C7 
 
 manner, and to and by such officers and persons, and for Chap. 6. 
 such public uses and purposes, as by any act of the General 
 Assembly for the time being shall be directed. 
 
 4. The General Assembly may provide for the man- lianagement 
 aging, collecting and receiving of the revenues and other 
 matters so surrendered and transferred, and for appointing 
 proper officers for such revenues. 
 
 5. For the more easy collection of such revenues, the coueotion pro- 
 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. 
 
 6. Nothing herein contained shall interfere with the Proceeds of 
 grant, sale, lease or disposal of any of the ungranted lands where payable. 
 of the Crown in this Province, except only the mines and 
 minerals hereinbefore specified, by or on behalf of Her 
 Majesty ; but all such grants, sales, leases or 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 the 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 
 Assembly, and no other or greater salary or allowance or 
 expenses shall be taken than such as shall be allowed 
 thereby. 
 
 7. This Chapter shall continue in operation until Duration of 
 eighteen months after the demise of Her present Majesty*'^'""' 
 (whom God long preserve), and thereafter everything 
 herein contained, and the transfer, surrender, and assignment 
 herein mentioned shall cease and determine. 
 
68 mines and minerals. [part l 
 
 Chap. 7. 
 
 OHAPTEK 7. 
 
 or MINES AND MINERALS. 
 
 Definitions of 1. The word " mine " in this Chapter shall mean any 
 ctepter."^'^'' '" locality in which any vein, stratum or natural bed of coal,, 
 or of metalliferous ore or rock exists, or shall or may be 
 %¥orked. The verb " to mine " in this Chapter shall include 
 any mode or method of working whatsoever whereby the 
 ore, earth, or soil, or any rock, may be disturbed, removed, 
 washed, sifted, smelted, refined, crushed or otherwise dealt 
 with for the purpose of obtaining gold, coal, iron, copper 
 or any other ore or metallic substance, and whether the 
 same may have been previously disturbed or not. The 
 term " gold-bearing quartz " shall be held to mean all 
 auriferous rock in situ. " Alluvial mine" shall be held to 
 mean sold-bearine- earth or rock elsewhere than in situ. 
 The terms " Commissioner " and " Commissioner of Mines "' 
 shall be held to mean the Commissioner of Public Works 
 and Mines, and the term "deputy" or "deputy commissioner" 
 shall be held to mean deputy commissioner of mines. 
 " Lessee " shall include and mean sub-lessee or any person 
 deriving title to a mine through a lessee of the Crown, 
 unless such interpretation is repugnant to the context or to 
 the spirit of this Chapter. The words " licensed mills," 
 when used in this Chapter, shall signify mills and 
 machinery licensetl under this Chapter, and the words 
 " licensed mill owner " the person or persons to whom 
 such license shall be granted. The words "prospecting 
 license " when used in this Chapter shall signify a 
 license to search for mines of gold or gold and silver. 
 The words " license to search " when used in this Chapter 
 shall signify a license to prospect or search for mines, 
 other than gold or gold and silver. The words " license 
 to work " when used in this Chapter shall signify a license 
 to work a selected mine, which is not to exceed one square 
 mile. 
 
 Mines office, 2. The office of the Commissioner of Mines shall be 
 
 when open. opened at ten of the clock in the forenoon and closed at 
 four of the clock in the afternoon, except on Saturdays, 
 when it shall be closed at one of the clock in the afternoon ; 
 and all applications for licenses or leases shall be made 
 during such office hours, and all such applications made at 
 other times shall be void. 
 
^ mines. 
 
 •TITLE III] MINES AND MINERALS. 69 
 
 3. The Go vernor-in- Council shall continue to be Chap. 7. 
 authorized to select and appoint, when and as often as Govemor-in- 
 occasion may require, a suitable person to act as Commis- p";"""^ commsl 
 sioner of Public Works and Mines for the Province, andsioner of Pnbiic 
 
 .,iT .. T, .. p- Works antl Mines 
 
 suitable persons to act as deputy commissioners or mines a,i.d deputy com- 
 
 in the several gold districts- hereinafter provided for, and, ""'^''™^''^ °' 
 
 to define the limits of the jurisdictions of such deputy 
 
 commissioners respectively ; and by virtue of and during 
 
 the continuance of such appointment such Commissioner of 
 
 Public Works and Mines within the Province, and such 
 
 deputy commissioners within the gold districts for which 
 
 they are respectively appointed, shall exercise the powers 
 
 of justices of the peace. Provided always that no such Proviso. 
 
 commissioner or deputy shall act as a justice of the peace 
 
 at any court of general or special sessions, or in any matter 
 
 out of session, except for the administering of oaths, the 
 
 preservation of the peace, the prevention of crimes, the 
 
 detection and commitment of offenders, and the carrying 
 
 out of the provisions of this Chapter. 
 
 4. The Governor-in-Council is authorized to select and Govemor-in- 
 
 ■ I 1 J jfi • • Council to ap- 
 
 .appoint, when and as often as occasion may require, a point Deputy 
 suitable person to act as Deputy Commissioner of Public p°,bi™^^'°Works 
 Works and Mines for the Province, and to define the limits"'"!,. Mines for 
 of his authority and jurisdiction.; and by virtue of and 
 during the continuance of such appointment, such Deputy 
 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. 
 
 5. The Governor-in-Council is authorized to select and Govemor-in- 
 appoint, when and as often as occasion may recjuire, a poinT'ii^pectOT 
 suitable person to act as Inspector of Mines, who shall be a °^ '^i™^^- 
 competent, scientific, practical mining engineer, whose duty n.^ty ot inspeo- 
 it shall be to visit from time to time as may be deemed '°'^- 
 necessary and inspect the various mines belonging to or 
 
 under lease from the Crown, to ascertain if 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, workmanlike 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 
 iiccordance with the facts to the commissioner. The 
 
70 MINES AND MINERALS. [PAET I. 
 
 Chap. 7. Governor-in-Council shall have power to appoint one or more 
 deputy inspectors and mining surveyors, who shall be 
 competent, practical men, and have satisfied the Board of 
 Examiners appointed under this Chapter of their efficiency. 
 They shall have the same power as the Inspector, but shall 
 be under his direction. The inspector, deputy inspectors 
 and surveyors shall fi-om time to time report and annually 
 record the approximate depth and extent of the mines 
 of which no plans are kept in the Mines' office, as far as 
 reasonably practicable, distinguishing the locations and 
 
 Salaries, numbers of the areas so being worked. The salaries of 
 
 the Inspector and Deputy Inspectors of Mines shall be 
 fixed by the Governor-in-Council. 
 
 Commissioner 6. The Commissioner of Public Works and Mine.s, the 
 
 te, 'to^^hoid Deputy Commissioner of Public Works and Mines, the 
 pieasure'^"a"a Deputy Commissioner of Mines, the Inspectoi; and Deputy 
 give bonds. Inspectors 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- 
 siiaii not be in- Council, and shall not be, dii'ec-tlv or indirectly interested 
 
 terested in mines • • . • ,• " - ,i i 
 
 in any mine or mming 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 penalty of 
 one thousand dollars for every ofl^ence, to be recovered in 
 the Supreme Court. 
 
 Deputies ineiigi- 7. The Dcputy Commissioner of Public Works and 
 
 We to assembfy. ]yji^gg_ the Dcputy Commi.ssioners of Mines, and the 
 
 Inspector of Mines and Deputy Inspectors, shall be incapable 
 
 of being elected to or of sitting or voting in the House of 
 
 Assembly ; and any or either of them who shall so sit or 
 
 vote shall forfeit two hundred dollars for every day on 
 
 which he shall so sit or vote, to be recovered in the Supreme 
 
 Shall take no Court. None of such officers shall take any part or use 
 
 part in e ections. ^^^ influence, directly or indirectly, in the election of any 
 
 representative to sit in the Assembly, under a penalty of 
 
 two hundred dollars for every such offence, to be recovered 
 
 in the Supreme Court. 
 
 Governor-m- 8. The Govemor-in-Council is authorized to select and 
 
 lectand apVint appoint a Board of Examiners, to be composed of the 
 Imintlt °' '■^''"Inspector of Mines and seven persons conversant with coal 
 mining, two of whom shall be colliers in actual practice, 
 who shall have obtained certificates of competency. The 
 members of the board shall hold office during pleasure, 
 and their duties shall be the examination of colliery 
 officials under the provisions of the Mine.s' Eesulation 
 Act. 
 
TITLE III.j MINES AND MINERALS. 71 
 
 or GOLD AND GOLD AND SILVEK MINES. OHAP. 7. 
 
 9. The Governor-in-Council, on being satisfied of the oovenior-in- 
 discovery of gold or gold arid silver in any locality, may ciai'm°'g'5'id "dS- 
 by proclamation in the Royal 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 otherwise alter such limits. 
 
 10. Quartz mines .shall, so far as local peculiarities or^™" °' "''^^ 
 
 . ^ . 1 1 T rT> number one m 
 
 other circumstances may permit, be laid on in areas of one quartz mines. 
 
 hundred and fifty feet lengthwise of the general course of 
 
 the strata, so far as can be determined at the time of 
 
 making the first survey authorised by the commisaioner in 
 
 the district, and two hundred and fifty feet across, which 
 
 shall hereafter be known and described as Class Number 
 
 One. 
 
 11. Areas shall be laid out as far as possible uniformly Areas, how laid 
 
 1 • 1 •! 1 T 1 1 njr ^'^^ ^"'^ mea- 
 
 and in quadrilateral and rectangular shapes. Measurements sured. 
 of areas .shall be horizontal, and each area shall bejDounded 
 by lines vertical with the horizon. 
 
 12. Alluvial mines not underlease at the time of the Aiiuviai mines. 
 passing of this Chapter, and alluvial mines under lease at 
 
 such time but which shall hereafter be surrendered by 
 their lessees or become forfeited to the Crown, shall be laid 
 out, as far as local peculiarities will allow, as directed in 
 the case of quartz mines, the courses of the respective 
 boundary lines of such mines to be decided by the com- 
 missioner ; and the advance payments or rents and royalties 
 shall be the same as those of quartz mines. 
 
 13. There shall be kept at the office of the commis- Record rf appii- 
 sioner a book of record for proclaimed gold districts and for 
 unproclaimed districts or places in which applications for 
 
 leases of areas are made, and another for prospecting 
 licenses, wherein shall be entered all applications for areas, 
 with the precise times of their being made, showing the 
 descriptions of the areas applied for, the amounts paid, and 
 the names of the applicants in full ; and each deputy shall Records kept by 
 keep a book of record wherein shall be entered all appli- 
 cations for areas, with the precise times of their being 
 made, showing the descriptions of the areas applied for, the 
 amounts paid, the names of the applicants in full, with the 
 names of the parties paying, the amounts of royalty received 
 from the licensed mill owners, the names of the licensed 
 mill owners, the amounts of royalty received from others 
 than licensed mill owners, the names of the parties paying 
 such royalty, the distinguishing numbers of the areas or 
 the numbers of the leases covering the areas from which 
 the gold or gold and silver was obtained, in respect of 
 which such royalty was paid; and each deputy shall each^f|ic""°'°™°''^ 
 
72 MINES AND MINERALS. [PART I. 
 
 Chap. 7. 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 I'emit to the Com- 
 missioner 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. 
 Plans of gold 14. The Commissioner of Mines shall cause to be 
 kep™^n Mines 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 
 Duplicates kept numbers. Each deput}' shall prepare and keep a duplicate 
 of a 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 indicated 
 on such plan. 
 Applications for 15. All applications for leases of areas shall be made 
 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. 
 Applications, IC. Every application shall be in writing, defining the 
 
 area or areas applied for, and shall be accompanied hv a 
 payment 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 of such receipt. 
 Minins leases, 17. Every lease granted under the pi'ovisions of this 
 how executed. Qjj^pter 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 hand and seal, signed and affixed thereto by the lessee 
 or his duly authorized attorney; and when a lease is 
 executed by a.n attorney, the instrument conferring such 
 power of executing shall be filed in the office of the 
 Commissioner before such lease is executed by such attorney ; 
 Fomiofieaae. and such lease shall be in the form in Schedule A, hereto 
 annexed, and shall contain all the grants, demises, reser- 
 vations, covenants, promises, provisions, conditions and 
 agreements mentioned or intended in or by such schedule ; 
 and shall be subject to and contain the reservation of the 
 rights of the owners of .the soil, their heirs and assigns ; 
 and such lessee, his executors, administrators or assigns, 
 where such lease is granted on private lands, shall, before 
 
TITLE III.] MINES AND MINERALS. 73 
 
 making entry on such lands, obtain from the owners thereof Chap. 7. 
 permission to enter, either by special agreement or in 
 accordance with the piovisions of this Chapter. 
 
 IS. When the holder of a lease of areas on private Assessment rt- 
 lands cannot make an agreement with the owner thereof of*™5igp„t" %f. 
 for leave to enter and for easements, and for damage to ^J)''^™ ^'"■"[J^Pyj'; 
 such lands, and for the other purposes mentioned in section lessee, &c. 
 20 of this Chapter, it shall be lawful for such holder to 
 give notice to the owner or tenant to appoint an arbitrator 
 to act with another arbitrator named by the lessee of the 
 areas, in order to award the amount of damages to which 
 the owner or tenant shall be entitled, by reason of the 
 opening and working of a mine in such lands : and the 
 doing the acts or things contemplated by this section and 
 said section 20, and if any lessee shall enter and work upon 
 the land leased before he shall have 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 investigate the 
 complaint, and if the same is substantiated, shall declare 
 the lease to be forfeited. 
 
 19. The notice mentioned in the last preceding section Notice ot arw- 
 shall when practicable be personally served on such owner, ssived.' 
 
 or his agent, if known, or tenant ; and after reasonable 
 efforts have been made to effect personal service without 
 success then such notice shall be served by leaving it at 
 the last place of abode of the owner, agent or tenant. Such 
 notice shall be served, if the owner resides in the county in 
 which the land is situate, ten days, if out of the county 
 and within the Province, twenty days, and if out^of the 
 Province, thirty days, before the expiration of the time 
 limited in such notice. If the proprietor refuses or declines 
 to appoint an arbitrator, or when for any other reason no 
 arbitrator is appointed by the proprietor in the time limited 
 therefor in the notice provided for by the next preceding 
 section, the warden of the municipality wherein the lands lie 
 shall, on being satisfied by affidavit that such notice has 
 •come to the knowledge of such owner, agent, or tenant, or 
 that such owner, agent, or tenant wilfully evades the 
 service of such notice, or cannot be found, and that reason- 
 able efforts have been made to effect such service, and that 
 the notice was left at the last place of abode of such owner, 
 agent, or tenant, appoint an arbitrator on his behalf. 
 
 20. All arbitrators appointed under the authority of Moie of assess- 
 this Chapter shall be sworn before a justice of the peace Mb.trators^^^ ^ 
 to the impartial discharge of the duties assigned to them ; 
 
 and they shall forthwith proceed to estimate the reasonable 
 ■damages which the owners and tenants of such lands, 
 
74 MINES AND MINERALS. [PART I, 
 
 Chap. 7. according to their several interests therein, shall sustain by 
 reason of the opening of necessary shafts and other exca- 
 vations, 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 purposes 
 connected with the opening and working of a mine to the 
 most advantage thereon, including therein all such spaces 
 as may be necessary from time to time for a dumping 
 ground or grounds for depositing the mineral mined, as 
 well as slate, stone, shale, screenings, waste coal, refuse, 
 rubbish, and all other material mined or excavated by such 
 lessee and those claiming under him. 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, 
 thej' may select a third arbitrator ; and when the two 
 arbitrators cannot agree upon a third arbitrator, the warden 
 of the municipality 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 21. When the psrson or persons entitled to such 
 knOTvii, uncer- damages shall be unknown or uncertain, the lessee shall, 
 owne?shSp"'"'o1 by advertisement published in the Royal Gazette at Halifax, 
 lands. and in a newspaper (if any) published in the county where 
 
 the lands lie, for at least thirty da3's, in which the lands 
 shall be particularly described, call upon all persons having 
 a right to such damages to appear before the warden of the 
 municipality 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 advertisement, to appoint an 
 arbitrator ; and if an arbitrator is not so appointed on or 
 before such day, the warden and lessee shall each appoint 
 an arbitrator, and all further proceedings shall be in 
 accordance with the provisions of this Chapter ; and the 
 warden shall receive all moneys awarded in such case, and 
 pay the same over to the treasurer of the municipality, 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 warden who .shall pay the same to 
 the treasurer of the municipality. 
 
 Party ^ paying 22. Payment of such damages bv the party liable 
 
 award not iur- thcref or to the pcrsons designated by the award as entitled 
 
 ther liable. thereto. Or, if the award shall not designate the persons 
 
 entitled, to such persons as in the absence of any dispute 
 
 shall be ostensibly entitled thereto, shall exonerate the 
 
TITLE III.] MINES AND MINERALS. 75 
 
 party making payment ; but any persons subsequently Chap. 7. 
 claiming to have been entitled to the damages so paid, may 
 prosecute their claims by action for money had and received 
 against the persons to whom the payment shall have been 
 made. In case the award shall not designate to whom 
 the mouey is to be paid, or in case the party designated 
 shall decline to receive it, tlie party liable to the payment 
 of the amount so awarded may exonerate himself from all 
 further liability by paying the money so awarded to the 
 prothonotary of the Supreme Court for the county. When 
 such appraisement has taken place, such prothonotary 
 shall, upon receipt thereof, deposit the same, less a commis- 
 sion of one per cent, thereon, at interest in a Government 
 savings' bank, or in a chartered bank nearest to his office. 
 Such prothonotary shall not be entitled under any circum- 
 stances to make any charge beyond such commission. 
 
 23. In case of disputed or unknown title, the Supreme Disputedandun- 
 Court or a judge thereof, on application of the claimant, shall ^icSby*supi-eme 
 order the damages paid to the treasurer of the municipalitj^ Court. 
 
 to be paid to the persons who, on due investigation by such 
 court or judge, shall have established their right thereto ; 
 but no order shall be made until it shall be shown that 
 notice has been given sufficient in the judgment of the 
 court or judge to protect the rights of all persons who may 
 be or who may claim to be interested. 
 
 24. The lessee or licensee shall not be implicated in Lessee or ueen- 
 controversies between persons contesting title to thecated""' ™^''" 
 damages. 
 
 25. In no case in which the award shall find the when amount of 
 amount of damages with sufficient certainty shall such f^shair not' te 
 award be set aside because the persons entitled to damages ^^' *^"'^- 
 
 are not designated by name, or sufficient!}' designated, or 
 by reason of irregularity as to the persons entitled, or of 
 any matter of form ; but the Supreme Court or judge shall 
 rectify any error or informality, or shall adopt such pro- 
 ceedings as may be necessary for determining to whom the 
 damages may be paid, or for otherwise carrying into effect 
 the provisions and intent of this Chapter. 
 
 26. The parties obtaining licenses and leases under Licensees or les- 
 this Chapter and those deriving title under them shall be guteequent dam- 
 answerable for damages that may ensue from the falling in'^s^^- 
 
 of land, or for other injury which may be sustained by the 
 owners or tenants of such lands subsequent to the agree- 
 ment for or award of damages required by the foregoing 
 sections, by rea.son of the works of the parties obtaining 
 licenses or leases, or of those under them, or deriving title „ ^ 
 
 , , ' , __,, o . Subsequent dam- 
 
 from or through them. Where an agreement cannot be ajes, how aacer- 
 made with the owner of the land for any such subsequent dispute." °''^°°' 
 
76 MINES AND MINERALS. PART I. 
 
 Chap. 7. damages, the holder of the lease may proceed to have them 
 referred to arbitration in the manner provided and set forth 
 in this and preceding sections with reference to the assess- 
 ment of damages to lands and for entrjr. 
 
 Term of lease. 27. All leases shall be for the tei-m of twenty-one 
 
 years ; but the holder of any such lease may at any time 
 
 Surrender of surrender the same by notice in writing signed by him, 
 
 ^'^' and filed, together with his counterpart of lease, in the 
 
 office of the Commissioner; but in case the counterpart of 
 the lease has been lost or cannot be obtained, an affidavit 
 to that effect made by the lessee shall be received in place 
 of such counterpart; but nothing herein contained shall 
 be construed to discharge him from liability in respect of 
 any covenants in the lease for or in respect of any act, 
 matter or thing, for which at the date of such surrender he 
 was liable under the terms of such lease. 
 
 Le^es, how for- 28. Such leases may be forfeited on failure to pay the 
 stipulated royalties other than those arising from gold or 
 gold and silver bearing material crushed or otherwise 
 treated at a licensed mill, or to keep employed annually 
 on the demised premises the number of days' labor herein- 
 after specified, or to comply with any other of the provisions 
 and stipulations in the leases contained. 
 
 How lessees shall 20. The holder of any such mining lease shall not use 
 
 lands. any part of the lands so demised for any other purposes 
 
 whatsoever, except 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 mines on 
 such. demised premises shall use the lands in such manner 
 as will be least injurious to the owners and occupants of 
 such lands or any other lands lying contiguous thereto. 
 
 Amomitofyeariy 30. There .shall be employed each year on the demised 
 
 labor on mining . , c i j i i ■ i , . r. n 
 
 areas. premises a number ot days labour equivalent to forty 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 be dated 
 on one of such days, in which case the year shall be corn- 
 Proviso, puted from the date of the lease ; but any lessee holding 
 ten or more, but less than twenty, areas of class number 
 
TITLE III.] MINES AND MINERALS. 77' 
 
 one in any gold district shall not be required during the Chap. 7. 
 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. 
 
 31. In computing the number of days' labor employed Mode of comput- 
 by any lessee at the termination of any year, all or any of JJays'^bor^"^ °' 
 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 
 considered as one lease ; and if it is ascertained 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 section. 
 
 32. Where a lessee shall have employed in any one Partial forfeiture 
 year a part only of the amount of labor required to be pro"'edins^'^°1n 
 performed by him annually upon the premises demised to '^"^'^ °'- 
 
 him in any one district, or under any one lease, the whole 
 of the areas held by him.» in such district, or under such 
 lease, shall not necessarily become forfeited therefor, but 
 only a part of such demised premises proportioned to the 
 number of days' labor which such lessee has failed to per- 
 form 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 
 section, a lessee must make known his selection by notice 
 in writing to the Commissioner within ten days after the 
 termination of the year for the non-performance of labor 
 during which a portion of the premises demised to him 
 becomes forfeited; and the areas selected by him to be 
 retained shall so far as possible be in a compact block and 
 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 
 forfeited, such lease shall be surrendered by the lessee, who 
 shall receive a new lease of the areas so retained. 
 
 (a.) When the lessee named in any lease of gold or gold Gold and silver 
 and silver mining areas, or the assignee of such lessee, or such SitlbiTwhere 
 lessee and assignee together, shall have performed and ^^'■^,^^"j^^™<'™' 
 fulfilled the requirements of section 30 of this Chapter in 
 respect to the labor to be employed on the premises 
 
78 MINES AND MINERALS. [PART I. 
 
 Chap. 7. demised in and by such lease for the period of ten years, 
 or shall have employed labor on such premises equivalent 
 to the labor required by such section to be performed 
 thereon for such period, such requirements shall be taken 
 and held to have been fulfilled for the full term of such 
 lease, and such lease shall not be liable to forfeiture for 
 noncompliance with such requirements during the remain- 
 der of such term. 
 
 Proof reqtiired of (b.) The lessce or assignee shall prove to the satisfac- 
 labor, &o. ^j^j^ ^^ ^j^g Commissioner of Public Works and Mines, by 
 
 affidavits sworn before such Commissioner or a justice of 
 the peace, or by the returns required by section (iO of this 
 Chapter, that such requirements have been so fulfilled, or 
 that the labor so required has been employed on such 
 demised premises, before he shall be entitled to the benefit 
 of the preceding sub-section. 
 
 Certificate, how (c.) When it shall be proved as prescribed by sub- 
 ^™"' section (6.) of this section to the satisfaction of such 
 
 Commissioner, that such requirements have been complied 
 with and fulfilled in the manner mentioned in sub-section 
 (a.), the Commissioner shall grant a certificate under his hand 
 and seal to such lessee or assignee, certifying that the 
 requirements of section 30 of this Chapter have been com- 
 plied with for the period of ten years, and that such lease 
 is no longer forfeitable for non-compliance with the 
 requirements of such section dut'ing the remainder of the 
 term of such lease ; and such certificate shall be registered 
 in the book of registry in the Mines' office. 
 
 Forfeited mine 33. When from any cause whatever a leased mine 
 vested ill Crown, j^^g^jj become forfeited to the Crown under the proceedings 
 hereinafter by this Chapter directed all the right, title 
 and interest which the holder of such forfeited lease had 
 therein immediately previous to such forfeiture, shall upon 
 such forfeiture become thereby vested in the Crown ; but 
 ProiTso. the lessee of any mine may during his lawful occupancy 
 
 thereof take down and remove any houses, buildings, 
 machines or other erections built or placed by him thereon, 
 notwithstanding that the same may be considered in law as 
 attached to the freehold. 
 
 Person occupy- 34. Any person occupying and staking off any areas, 
 
 ins and staking- ,1. •' '^ . c \. ^ t ■ ji- i-i , 
 
 ofl areas, &c., en- Or taking possession or by staking on any areas, on lands not 
 oriefse'fnpreTr' lying within any proclaimed gold district, not exceeding 
 encetoanyother 100 areas of class" No. 1, shall be entitled to a license or 
 
 applicant. , , i . 1. , 
 
 lease, as the case may be, in preference to any other 
 
 applicant. Every such person shall be entitled to one week 
 
 Time for makins and thereafter to twenty-four hours' time for making his 
 
 app ica ion. application for every fifteen miles distance of the mine so 
 
TITLE III.] MINES AND MINERALS. 79 
 
 occupied and staked off, from the office of the Commissioner Chap. 7. 
 at Halifax. ' 
 
 35. In all cases where minins; areas, have previous to Mining areas 
 the first day of April, 1864, been leased, or have been Apia, isei."' 
 occupied by virtue of a gold commissioner's authority, on 
 private lands not subsequently revested in the Crown, and 
 
 with respect to which no agreement has been made, nor 
 was on the said first day of April being negotiated, for 
 land damages between the lessee and the owner of the soil, 
 the Commissioner shall proceed to arrange with the owners 
 of the soil for such damages, by mutual agreement or Assessment oi 
 arbitration, and to pay such damages, in the manner and ™'*='^^' 
 form prescribed by the eighteenth 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. 
 
 36. The Commissioner of Public Works and Mines Prospecting 
 may issue licenses to search for gold and silver, to be 
 called '■'Prospecting Licenses," which shall be subject to 
 
 the rules prescribed by this Chapter. 
 
 37. Any such license may include any area not exceed- prScSngareas 
 ing one hundred areas of class No. 1 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. 
 
 38. Such license shall be in force for any period not Duration of 
 exceeding six months from the date of the application 
 therefor. 
 
 39. All applications for prospecting licenses shall accu- Applications for 
 rately define by metes and bounds the lands applied f or, ficonse?"'^ 
 and shall be accompanied by a payment at the rate of fifty 
 
 cents per area for every area up to ten areas in extent, 
 and of twenty-five cents for every area in addition to that 
 extent. 
 
 40. Before such license shall be issued the applicant Bond to be given 
 shall enter into a bond with two sureties 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. 
 
 41. If the proprietor of private lands so entered upon Damages against 
 shall seek damages he shall before the end of three months ^^"ed!'' ''°" '"" 
 after the expiration of the license make his claim in writing 
 
80 MINES AND MINERALS. [PAET I. 
 
 Chap. 7. against the holder of such license, detailing the particulars 
 and amount of claim ; and if the claim is not adjusted by 
 agieement between the parties within one month after 
 notice thereof as aforesaid, it may be settled by arbitration 
 in accordance with the provisions of section 18 and subse- 
 quent sections of this Chapter; but in such case either, of 
 the parties may give the required notice to appoint an 
 arbitrator, and the warden of the municipality may appoint 
 an arbitrator on behalf of either of such parties neglecting 
 or refusing to make such appointment. 
 
 Rerewai of 42. The holder of a prospectinor license who shall have 
 
 llC6)lS6. '■ * 
 
 fulfilled all the terms and conditions thereof shall be entitled 
 
 to a renewal thereof for a second period of six months 
 
 upon like terms and conditions, except that the price of the 
 
 same space shall be only half that paid on the previous 
 
 application. 
 
 Licensee may 43. Within the period for which the license or renewed 
 
 lease. license is granted the party holding the same shall be 
 
 entitled to select any area or areas comprised therein of 
 
 the size and form described in this Chapter ; and shall be 
 
 entitled to a lease of the areas selected upon the terms 
 
 imposed herein. 
 
 Lessee 01- licensee 44. No lease noi' any prospecting Hcensc shall authorize 
 
 buiUii^sfgavUan entry upon any buildings or the curtilage appertaining 
 
 ^- to any house, store, barn or building, or upon any garden, 
 
 orchard or grounds reserved for ornament, or under culti- 
 
 Exceptions. vation by growing crops, or enclosed, except with the 
 
 consent of the occupier, or by license from the Governor- 
 
 in-C(>uncii authorizing such entry, to be granted on special 
 
 application, setting forth the circumstances under which 
 
 the same is applied for, and on such terms as the case may 
 
 require. 
 
 Rojiiity. 4.5. On all leases of gold and gold and silver mines 
 
 and prospecting licenses to search for gold, there .shall be 
 
 reserved a royalty of two per cent, upon the gross amount 
 
 of gold and silver mined. 
 
 LICENSED MILLS. 
 
 Commissioner of 46. The Commissioner of Public Works and Mines 
 
 Public \A orks & . 1. , /, i ii i 
 
 .Mines may issue may issue a uccnse to any person or persons (to be called 
 orusra"ii*c°en5'ed " licensed mill owners") to run or use any mill or machinery 
 mill." (to be called a " licensed mill"), for the purpose of the 
 
 reduction or concentration of quartz or other gold and 
 silver bearing material, or the obtaining of the gold and 
 silver therefrom by crushing, stamping, amalgamating or 
 otherwise, and to retain out of such gold and silver a 
 sufficient amount to pay the royalties prescribed by this 
 Chapter, and no person or persons shall run or use such 
 mill or machinery without such license therefor first had 
 
TITLE III.] MINES AND MINERALS. 81 
 
 and obtained, except in the case of mills or machinery Chap. 7. 
 worked by hand. 
 
 47. Before any such license shall be granted, the party Bond to be given 
 applying therefor shall enter into a bond to Her Majesty '"y™""™^''- 
 in the penalty of two thousand dollars, to comply with the 
 requirements of this Chapter in respect of licensed mill 
 
 owners. 
 
 48. Every licensed mill owner shall keep on the Licensed mm 
 demised premises a book or books of account to be supplied Soo"ks of *a°eount 
 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 or other material reduced, 
 concentrated, crushed, stamped or amalgamated at such 
 licensed mill, and the following particulars in respect of the 
 same ; 
 
 I. The name of the owner or owners of each distinct 
 parcel or lot of quartz or other material 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 or gold and 
 silver from each such parcel or lot. 
 
 V. The royaltj' thereon, calculated at two per cent. 
 
 VI. The number of the lease of the mine or area (so 
 far as the same is known or can be ascertained) from which 
 each such parcel or lot was raised, and if he fail to keep 
 such books or books of account his license may be revoked. 
 
 49. Each licensed mill owner shall pay or cause to be M"" oy" *" 
 paid, in money, in weekl}' or other payments, as the 
 Commissioner 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 rate of nineteen dollars an ounce troy for 
 smelted gold, and eighteen dollars an ounce troy for 
 unsmelted gold, and of two per cent, on the silver, at the 
 rate of one dollar per ounce troy. 
 
 50. In case any licensed mill owner shall fail to pay p™„g''"roya'it'y 
 such royalty in the mode or at the times prescribed by or uabie to action 
 in accordance with this Chapter, he shall be liable to an 
 
 action at the suit of the Commissioner of Mines as for 
 money 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 jurisdiction 
 in case the amount claimed were an ordinary private debt, 
 and his license may be revoked. 
 7 
 
82 MINES AND MINERALS. [PAKT I. 
 
 Chap. 7. 51. Every licensed mill owner shall file in the office of 
 
 Mill owner to the Deputy Commissioner for the district on the first day of 
 
 "turns """undlr *'^'' month, Or if there be no Deputy Commissioner for the 
 
 oath. 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 account for 
 
 the last preceding month, as prescribed by the forty-eighth 
 
 section, which return shall be verified by the affidavit of 
 
 the person principally employed in keeping such account, 
 
 sworn before the Commissioner, Deputy Commissioner or a 
 
 justice of the peace ; and on failure to make such return or 
 
 to verify the same as aforesaid, the license of any mill 
 
 owner may be revoked. 
 
 Penalty lor un 52. Any owner or part owner of any mill or machinery 
 licensed milling, j^j, ^-^q crushing or rcduction of quartz or for the obtaining 
 of gold or gold and silver therefrom (other than mills or 
 machinery worked by hand) which shall be engaged, used 
 or emploj'ed for the crushing or reduction of quartz or other 
 gold or gold and silver bearing material or the obtaining of 
 gold or gold and silver therefrom, without a license therefor 
 first had and obtained as prescribed by this Chapter, and 
 any person engaged as agent, servant, workman, clerk or 
 otherwise in any such mill, shall forfeit and pay the sum of 
 four hundred dollars for each such offence, and for every 
 day in which such offence shall be committed the same 
 shall be considered a new offence. 
 
 When account 53. When the account books prescribed by this Chapter 
 uienuicen'semaj' or any of the accounts hereby required shall be fraudulently 
 be revoked. or falsely kept, or the affidavits hereby prescribed or any 
 of them shall be false or fraudulent, the license to the 
 mill in respect of which the offence has been committed 
 may be revoked, and the " licensed mill owner " shall be 
 liable for each offence to a penalty of not more than two 
 thousand dollars, to be recovered in the Supreme Court in 
 the name of the Commissioner. 
 
 When licensed 54. In case a " licensed mill owner " is not the owner of 
 tte o^erHcense t'^ie mill 01 machinery so licensed, the owner thereof may 
 -may be revoked, apply to the Commissioner to have saidl icense revoked ; and 
 upon proof having first been given that the " licensed mill 
 owner " has received reasonable notice that such application 
 would be made, with the date thereof, and that the applicant 
 is the legal owner of said mill and machinery, said licen.se 
 may be revoked. 
 
 Commissioner 55. The Commissioner of Mines shall have authority to 
 
 Sent revoke mm inquire into any alleged violation of the sections whereby 
 
 toin"cMe8!° '""such rnill license may be revoked, and if in his judgment 
 
 such violation has been committed he may revoke the same, 
 
TITI,E ni.] MINES AND MINERALS. 83 
 
 l)ut his judgment shall be subject on appeal to the revision Chap. 7. 
 of a judge at chambers, who shall make such order in ~ "^ 
 
 respect to the same as shall be agreeable to law and 
 justice, and if he think tit may order any question of -fact 
 to be tried by a jury. 
 
 56. Every licensed mill owner wTno shall in all respects commission to li- 
 tiave complied with thi-s Chapter shall be entitled to receive er."°^ 
 
 from the Commissioner of Mines, at the end or expiration 
 of every three months from the date of his license, a sum 
 ■equal to five per-cen't. npon the amount paid over by him as 
 royalty during such period; but no such percentage shall Exception, 
 be paid in 'the case of free leases. 
 
 57. A licensed mill owner may at any time surrender Miiiiicense, how 
 his license by delivering the same into the office of tj^e ™"™*^'^^'^' 
 Oommissioner of Mines, with a written surrender endsrsed 
 
 thereon ; but no such surrender shall take effect till after 
 the lapse 'of 'ten days from the filing at the office of the 
 Commissioner of Mines of a notice in writing of the 
 intention of such mill owher to surrender the same. 
 
 58. Upon such surrender taking effect as aforesaid Effect of surren- 
 such mill shall cease to be a " licensed mill " until again 
 licensed under the provisions of this Chapter, 
 
 59. The licensed mill owner so surrendering his license construction of 
 and his sureties shall remain liable under their bond for all™' 
 obligations accruing thereunder up to the time when the 
 surrender takes eMect as aforesaid, but shall not be liable 
 
 for obligations accruing thereafter. 
 
 EEfttrlEEMENTS OF LESSEES AND LICENSEES. 
 
 ^0. Lessees of mines shall be bound to make "to the p^sees of mines 
 
 fY> !• 1 /-« • • p -nj* ■ * ji -ri J to make quarter- 
 
 office of the Commissioner of Mines or to the Deputy ly returns. 
 
 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 su'pplied by the Commissioner of Mines, 
 
 in which shall be comprised the following particulars : 
 
 I. The number of days' labor performed on the demised 
 premises during the preceding quarter. 
 
 II. The number of tons of quartz or other gold or gold 
 and silver bearing material raised from the demised 
 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 or other gold or gold and 
 silver bearing material sent by him during the quarter to 
 any licensed mill, and the name and description of the mill 
 
84 MISTES AND MIITERALS, [PART I. 
 
 Chap. 7. 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 or silver obtained from 
 the mine in any manner during the quarter, distinguishing- 
 that resulting from the quartz or other gold or gold and 
 silver bearing material crushed at licensed mills from the 
 gold, or gold. and silver otherwise obtained. 
 
 Rctnms to be Such retums shall be verified by affidavits to be made 
 davits. ^ * before the Commissioner of Mines or one of the deputies or 
 
 a justice of the peace. 
 Lessees Uabic for 61. The lessee and licensee of each mine shall be liable 
 roya y. ^^^ royalty upon all gold or gold and silver obtained from 
 
 his mine in any othei* way than from quartz or other gold 
 or gold and silver bearing material crushed by licensed 
 mills ; but he shall be exempt from any claim in respect of 
 gold or gold and silver obtained from quartz or other 
 gold or gold and silver bearing material so crushed, the 
 liability of the mill owner for such royalty being sub- 
 stituted for that of the lessee. 
 
 Royalty repaidto 62. When any parcel of quartz or other gold or gold 
 
 owner of free i-i i ' i ' t e p • x n i 
 
 mine, and silvcr bearing material from a tree mine shall have 
 
 been crushed at a licensed mill, the owner of the quartz or 
 other gold or gold and silver bearing material, on proof of 
 the facts to the satisfaction of the Commissioner of Mines, 
 shall be entitled to receive from the Commissioner of Mines 
 the amount deducted by the licensed mill owner and paid 
 as royalty under the provisions of this Chapter. 
 Lessee not pay- 63. In case any holder of a lease granted under this 
 to^aSn/ '" ° Chapter shall fail to make payment of any royalty accruing 
 under the terms of section 61 within ten days after the 
 time prescribed by this Chapter for making his return to 
 the Commissioner of Mines or the deputy commissioner for 
 the district, he shall be liable to an action at the suit of 
 the Commissioner of Mines, as for money had and received 
 to his use for the value of the royalty so accruing. 
 
 brought hfS m° ^^' ^"^^ action may be brought, according to the 
 of 'commi8sion«r amount claimed, before the same court which would have 
 as^for P"™t« jurisdiction in case the amount claimed were an ordinary 
 private debt ; and on a change of Commissioner of Mines 
 actions prosecuted by him shall be continued and prosecuted 
 by his successor in such manner as the court shall direct ; 
 and a Commissioner may prosecute in his own name as for 
 money had and received to his use, although the same shall 
 have become due to a previous Commissioner. 
 
TITLE III.] MINES AND MINERALa 85 
 
 FOErBiTuiffis. Chap. 7. 
 
 <)5. In any case of liability to forfeiture of any gold Lessee to receive 
 or gold and silver mining lease for non-compliance by the Hce'of Intendrf 
 lessee with the terms, stipulations and conditions therein *"'''''"'^°''"'*^^ 
 contained or by this Chapter required, the Commissioner 
 of Mines shall cause a notice in the form in Schedule E to 
 be personall3' served upon the lessee (or some or one of the 
 lessees, where more than one are included in the lease) or 
 his agent or person principally employed on the premises, 
 or shall cause such notice to be posted upon the premises 
 leased where no person can be found in the gold district 
 where such premises lie or (in case the leased premises are 
 not within a pi'oclaimed gold district) in the polling district 
 in which such premises are situated upon whom to make 
 ■service thereof, informing him of such charge and appointing 
 a time (not less than thirty days after the service or posting 
 of such notice) and place for the investigation of the same ; 
 and a duplicate of such notice shall also be posted up in cupiicite notices 
 the office of the Commissioner for at least thirty days nexthowTong! ^ 
 previous to the time so appointed ; and such duplicate 
 shall be kept so posted for at least thirty days after the 
 investigation and decision of the case, with the decision and 
 the date of such decision briefly noted thereon. 
 
 66. At the time and place appointed th« Commissioner Proceedings an- 
 
 111 T , ' ■ 1 • . 1 1,1 • tecedent to for- 
 
 snall proceed to investigate such case, and the service orfeiture. 
 posting of the notice shall be proved, either orally at the 
 investigation or by affidavit sworn before a commission-er 
 of the Supreme Court. Upon proof of such notice and Judgment of for- 
 upon hearing the evidence relating to the case, which shall °' "^' ''™ ° 
 he taken in writing and signed by the witnesses, the 
 Commissioner, on being satisfied of the non-fulfilment of 
 the conditions of the lease or of the provisions of this 
 Chapter, shall give judgment forfeiting the lease and 
 re-vesting the premises in the Crown :" and such judgment 
 shall be in the form of Schedule F, and shall be signed by 
 the Commissioner. 
 
 67- From the iudcment of the Commissioner of Mines Appeal from 
 
 , ,. ,1 1, -1 /.i_i commissioner to 
 
 the party interested may appeal to a judge at chambers, judge.how made, 
 provided that notice of such appeal be given to the Commis- 
 sioner of Mines within thirty days from the date of his 
 ■decision ; provided also that the party appealing shall, on 
 applying for such appeal, make and file with the Commis- 
 ■sioner of Mines 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 
 
86 ' MINES' AND MINERALS; [PART E. 
 
 Chap. 7. the penalty of fifty dollars to enter and prosecute his appeal' 
 according to the provisions hereof^ and pay all costs which 
 may be adjudged against him by th& court of appeal. 
 
 Decision of judge 68. On such appeal being perfected the Commissioner 
 of Mines shall transmit to the Prothonotary at Halifax the- 
 notes of testimony taken before him ; and the judge at 
 chambers shall eonfirm of set aside the judgment, or make- 
 such orden thereon as is- agreeable- to justice- and* in con- 
 formit}' with law. 
 
 He may refer 69. If the judgp shaM coDsider that the- case involves. 
 
 torjury!""*"'*!"^^*'™'^^ ®^ controverted fact on which he is of opinion- 
 that the verdict of a jury should pass, he may make aa 
 order for the trial of the questions of fact in the county 
 where the land lie», in which case all the papers shall be- 
 transmitted to the prothonotory of that county ; and the- 
 cause shall come on for trial in its place in the same way 
 as ordinary appeals ordered to be tried by a jury.. 
 
 Final judgment,, 70. TJpon the finding of the jury on the facts, the- 
 e ectof. judge shall pronounce judgmerat on the whole case. So« 
 
 soon as judgment declaring forfeiture of the lease shall be 
 given either by the Commissioner without appeal or by the- 
 court of appeal when the Commissioner's judgment i.s- 
 appealed from, the lessee and all persons holding under him 
 shall thereafter cease to have any interest in the mine 
 leased, and a minute of the judgment declaring forfeiture 
 shall be registered in the ofiice of the Commissioner of 
 Mines on the expiration of the time livuited for appeal in- 
 the same manner as prescribed by this Chapter for leases- 
 and transfers ; and the leased premises shall then be opert 
 to be leased to any other applicant in the same way as if 
 no lease thereof had ever passed ; and pending the pro- 
 ceedings between the delivery of the first judgment and 
 any siabsequent judgment on appeal therefrom such lessee- 
 shall suspend all mining operations on the area alleged to- 
 be forfeited ; otherwise he may at the discretion of the- 
 Commissioner be liable t& be treated as a trespasser as 
 hereinafter directed. 
 
 Commissioner 71. The Commissioner of Publi-e Worlts and Mines shalli 
 
 fdt ''"eases'" n°ot'^^'^' 6 powcr to declare forfeited all leases granted for 
 abT''worked''for"°^'^^°§ S°^^ ^^ S^^*^ ^^^ silver that are liable to forfeiture 
 five years. that have not been worked or have only been colorably 
 worked for the space of five years next preceding,, notice- 
 Notice to he of such intended declaration first having been- advertised 
 given. ^^^ three weeks in two daily newspapers in the city of 
 
 Halifax and in a newspaper if any there be in the county 
 in which the area contained in such lease or leases lie, 
 said advertisement to show the names of the lessees, th& 
 
TITLE III.J MINES AND MINKRALS. 87 
 
 number of the leases, and the date at which such declaration Chap. 7. 
 ■will be made. 
 
 72. No application for leases or prospecting licenses for no applications 
 
 p ~ ., T i_ n T_ ■ 1 i-i J.1 i- !• -J. T r torforfeitedareaa 
 
 lorreited areas shall be received until the time limited tor received until 
 appeal has expired and all appeals are finally determined. *"*^ judgment. 
 
 73. Whenever any areas which are or shall be under saie of forfeited 
 lease for gold mining or for gold and silver mining shall he^"^' 
 forfeited under the provisions of this Chapter, and whenever 
 
 after investigation by the Commissioner of Public Works 
 and Mines he is unable to decide who was the first applicant 
 for a lease of said areas, the said Commissioner of Public 
 Works and Mines may, after public notice to be given in 
 such manner and for such length of time as may seem to 
 him to be proper, cause the right to the lease of the said 
 areas to be sold at auction in whole or in part, as he shall 
 deem best for the public interests, and the person or persons 
 who shall offer and pay the highest premium therefor at 
 such sale shall be entitled to receive from the Commissioner 
 a lease or leases of such area or areas as he or they may 
 have purchased as aforesaid in preference to any other 
 applicant or applicants. 
 
 UNLAWFUL ENTET AND TVORKING. 
 
 74. The Commissioner of Mines shall have power by Judgment of for- 
 warrant under his hand and seal, addressed to the sheriff forced!' 
 
 or any constable of the county wherein the gold district 
 lies, to cause any person unlawfully in possession of a mine 
 so adjudged to be forfeited to be removed from the 
 possession and occupation thereof ; and upon receipt of such 
 warrant the sheriff or constable to whom it is directed 
 shall immediately execute the same. 
 
 75. Any person found mining in any land belonging Penalty for un- 
 to the crown or to a private proprietor, the minerals in f^g. °^™ ™"'' 
 which belong to the crown, or entering thereon for the 
 purpose of mining, shall be liable to a penalty for each 
 
 offence of not less than ten dollars nor more than fifty 
 dollars ; but this section shall not extend to parties pros- 
 pecting or searching for mines. 
 
 76. Parties violating the provisions of the preceding Each day a disr 
 section shall be considered guiltj' of a distinct offence f or ''™' °*™°^- 
 every day they shall unlawfully mine., 
 
 77. On complaint in writing made to any justice of Mode of prosecii- 
 the peace of the county in respect of such unlawful mining 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 
 
88 MINES AND MINERALS. [PAET I. 
 
 Chap. 7. fines or penalties as the party may have incurred under the 
 
 provisions of this Chapter. In ease 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 
 
 time 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 investigation. 
 
 Appeal from the 78. The decision of such justice shall be subject to 
 
 tioe'ofSie'pea.ce' appeal as in 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. 
 
 Gold unlawfully 79. Gold Or gold and silver in quartz or otherwise, 
 
 ™'„"^i'* 'pJJjpP^y unlawfully mined on the property of any lessee of the 
 
 of the owner of crown shall be considered in law the personal property of 
 
 the owner of the 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 or gold and silver under such warrant, the 
 
 justice shall make such -order for the restoration thereof to 
 
 the proper owner as he shall consider right. 
 
 Nothing herein 80. Nothing in this Chapter contained shall prevent 
 
 to affect existing: tt tit • i. £ T_ • • ii i 
 
 remedies on part Her Majesty from having or using any other remedy now 
 
 of Crown. 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 from 81. Any party aggrieved bv a decision of the Commis- 
 
 Commissioner's . r nj • ?• t j_- j 
 
 decision as to sioner 01 Mines respecting any application for a prospecting 
 i^lnsfirle^J. Hcense, or a lease of a gold area or gold and silver area, 
 or a license to search, or a license to work, of any area 
 other than a gold or gold and silver area, may appeal irom 
 such decision to the Supreme Court at the next term 
 thereof at Halifax. 
 Manner and con- 82. Any party desiring to appeal from such decision 
 nenso appea. gjjg^jj give noticc in Writing to the Commissioner of his 
 intention to appeal within twenty days after such decision, 
 or within twenty days after such decision being made known 
 to the party dissatisfied therewith, but always within one 
 year from the date of such decision ; and shall make and 
 file with such notice an affidavit sworn to before a com- 
 missioner of the Supreme Court that he is dissatisfied with 
 such judgment or decision, and that he verily believes he 
 is entitled to the license or lease applied for, and shall also 
 set forth therein the grounds of his appeal, and shall 
 
TITLE III.] MINES AND MINERALS. 89 
 
 ■within ten days thereafter enter into a bond with two Chap. 7. 
 sureties in the penalty of two hundred dollars to enter and 
 prosecute his appeal according to the provisions of this 
 Chapter, and pay all costs which may be adjudged against 
 him by the court of appeal ; and thereupon the Commis- 
 sioner shall file such notice and affidavit, together with all 
 papers and documents connected with such appeal with the 
 prothonotary at Halifax on or before the first day of 
 such term. 
 
 83. The provisions of the foregoing sections from 9 to sections s to 82 
 82, both included, shall apply exclusively to g'old and tOapp^y"°'oni"'to 
 gold and silver mines; except where any of such sections ^"'^^g™'* *''^^'' 
 are expressly mentioned to apply to mines other than gold 
 and gold and silver mines, or where the provisions for 
 such sections are extended to mines other than gold and 
 gold and silver by the subsequent sections of this Chapter. 
 
 OF MINES OTHER THAN GOLD MINES. 
 LICENSES TO SEARCH AND WORK. 
 
 84. The Commissioner of Mines may upon application License to 
 grant licenses to search, to be in'^force for one year from ^ranted. ^°* 
 the date of application therefor, to enter upon any lands 
 
 in this Province not already applied for or under license or 
 lease for mining purposes, and to dig and explore for such 
 minerals other than gold or gold and silver as the crown 
 holds for the benefit of the Province ; a bond being first 
 given to the Commissioner of Mines with sufficient sureties 
 to the satisfaction of the Commissioner that in the event 
 of entry being made upon private lands recompense shall 
 be made for damages in the manner hereinafter provided. 
 
 85. No such application shall be valid unless accom-ree. 
 panied by a payment of twenty dollars ; and the license to 
 
 search may cover any single tract of ground not exceeding Area of license. 
 five square miles in extent, but not more than two and a 
 half mines 4n length. 
 
 86. Upon such application and payment being made, survey and des- 
 the Commissioner of Mines where necessary shall causey.'"'™""™'*'' 
 ihe 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 44 of this Chapter 
 are forbidden to be entered upon, except as in that section 
 excepted. 
 
 87. The cost of such survey shall be defrayed by the survey, &c., to 
 
 1. T -I ,-, ^ £ • IT*', be at cost of 
 
 licensees or lessees, and the search tor minerals under such licensee, who 
 licenses shall be made free of all expense to the Govern- c'ommisXn'er.*'^ 
 
90 MINES AND MINERALS. [PART I. 
 
 Chap. 7. ment ; and the holder of the license shall within the time 
 that the same shall be in force and with all convenient 
 speed make a full and correct report of the result of his 
 exploration to the Commissioner of Mines. 
 
 License, how re- 88_ The said license to search may be renewed for a 
 
 D6W6C1. 
 
 further period of twelve months on application therefor 
 to the Commissioner of Mines, setting forth the special 
 circumstances of the case, not less than thirty days before 
 the expiration thereof, and on payment of the further sum 
 of twenty dollars ; subject however to the approval of the 
 Governor-in-Council upon consideration of the special 
 circumstances submitted. 
 Applications for 89. When a license to search for mines other than 
 ng . ^^j^ ^^^ silver has been applied for, it shall be lawful for 
 the Commissioner of Mines to receive applications for other 
 licenses to search (called second rights) over the same area; 
 provided that he shall receive no more applications than 
 there are areas of one square mile each contained within 
 the area so first applied for, and on the expiration of the 
 license to search granted under the first application, or on 
 the selection of the one square mile thereunder, the license 
 to search can be granted under the second application, and 
 so on until the whole area is disposed of. 
 
 tained^aa inT^e ^^- "'"^ *^® proprietor of private lands entered under 
 of gold mines, 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. 
 Licensee may se- 91. The holder of a license to search may at any time 
 
 lectasquaremile-, » ,i ■ i.- xl. £ T i. £ j.l_ i t j 
 
 and apply for bctore the cxpiration thereof select from the land covered 
 
 license to work, j^y ^^^j, jjcense an area of one square mile, for the purpose 
 
 of working the mines and minerals therein ; and may make 
 
 an application in writing to the Commissioner of Mines for 
 
 a license to work the same, which application shall be 
 
 Fee. accompanied by a payment of fifty dollar-s. 
 
 Survey of square 92. Upon such application and payment being made, 
 
 licensee. the Commissioner of Mines shall cause the* portion so 
 
 selected to be surveyed and laid off, and the applicant shall 
 
 defray the expense of such survey, which .said portion 
 
 shall be iii one block, the length of which shall not exceed 
 
 two and a half miles ; and the person making such survey 
 
 .shall make a full and accurate plan thereof, and transmit 
 
 the same to the Commissioner. 
 
 Certain provi- 93. All the provisions herein contained relative to 
 
 vate^ lands Md Settlement by agreement or arbitration with the owner of 
 
 ippucawe M^fn the soil where the same is private land for damages done 
 
 case o( gold tg his land, and to payment therefor, as set forth in sections 
 
 niincs, ' j. ■/ * 
 
 18 to 26 inclusive, and to the occupation of such lands as 
 
TITLE III.] MINES AND MINERALS. 91 
 
 set forth in section 29, and to the exemption of certain Chap. 7. 
 descriptions thereof from liability to be entered as specified ' 
 
 in section 44, and to the vesting of interests forfeited under 
 this Chapter, as specified in section 33, shall be applicable 
 and in force in the case of mines other than gold or gold 
 and silver mines, equally as in gold or gold and silver mines. 
 
 94. Upon complying with the requirements of this Granting li- 
 Chapter the applicant shall be entitled to a license to work ""^^ ^"^ ' 
 the one square mile applied for; the bond given for the 
 license to search, under which the license to work was 
 obtained, remaining in full force and virtue. 
 
 9o. Every license to work shall be for a term of two license to work 
 years from the date of application, and shall be extended yearsTromappi^ 
 to three years upon the additional payment by the holder ^"wabie^to cSis 
 of the license of one half of the amount originally paid forye^""- 
 such license ; and within such term the holder of the 
 license shall commence effective and not colorable mininsj 
 operations, and shall continue the same in good faith until 
 the termination of such term ; and in case the same person 
 shall hold licenses to work over several adjoining areas, 
 and shall have commenced effective mining operations on 
 one of his areas, the Commissioner of Mines may, if it be 
 shown to his satisfaction that the area so opened is by 
 reason of a deficiency of mineral or other natural cause 
 insuflBeient for effective working, allow one of the adjoin- 
 ing areas to be combined with it, and the two so combined 
 to be considered as one area with respect to the commence- 
 ment and continuation of effective mining operations. 
 
 9fi. Any party max' applv for a license to work without License to woric 
 
 h.i ij.-j"' 1' j3 £ T i.in first instance. 
 
 aving previously obtained or applied tor a license to how granted. 
 
 search, and in such case his application 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 Commissioner of Mines as for a 
 
 license to search, he shall be entitled to such license to work. 
 
 97. The holder of a license to work or those repre-Laase.howgrant. 
 
 1 • T 1 -Li. xi, i £ 1.1. able to Iiolder ot 
 
 sen ting, him, having complied with the terms ot the license to wo/ii. 
 preceding sections, shall on or before the termination of his 
 license be entitled to a lease of the premises described 
 therein, which lease .shall contain all the ordinary provisions 
 of mining leases, with such conditions as the Governor-in' 
 Council may think necessary to ensure the effective and 
 safe working of the mines on such premises. 
 
 LBASES. 
 
 98. No lease shall be issued unless it shall have been No lease issue* 
 shewn to the satisfaction of the Commissioner that the "onditi<,„s""^" 
 conditions relative to commencement and continuance ofp''«^™'i^- 
 
92 MINES AND MINERALS. [PAET I. 
 
 Chap. 7. effective mining operations in the license to work have been 
 fully complied with. 
 
 Leases eiecuted 99. Leases of mines other than gold mines or gold 
 M loSleMc"."" and silver mines granted under the provisions of this 
 Chapter shall be executed by the Commissioner and the 
 lessee in the same manner as provided in section 17 of this 
 Chapter for leases of gold mines. 
 Renewals not to (a.) LeasBS of min'cs other than gold or gold and silver 
 sixty'yeara!''"'"* mines shall be for the term of twenty years, and shall 
 contain all the conditions, provisions, provisos and reserva- 
 tions 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 Legislature of this Province ; and such leases may be 
 renewed on the same terms and conditions as are hereinafter 
 provided, but such renewals shall not extend or be construed 
 to extend to a period bej'ond eighty years from the date of 
 the lease. 
 
 In future leases (6.) In the granting of leases hereafter there shall be 
 ?nwidthreserved reserved as a barrier- a space of ten yards in width running 
 around areas. ^11 around the area leased, which barrier shall not be 
 
 opened or mined except by the consent of the owner of the 
 
 adjoining area and by the order of the Governor-in-Council ; 
 
 and in case of a mine in lands covered with water the 
 Under water, barrier or reservation as above shall be twenty-five yards 
 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. 
 
 Coal lease not (c.) A lesscc of a coal mine granted under this Chapter 
 out"'eOTsent''Sf'^'' ^"7 ^^^ passcd by the Legislature of this Province shall 
 Governor-in- not at any time during the term of his lease, or any 
 
 Council. iji/.-./.. 1 ■ '' 
 
 renewal tnereor, 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 signified 
 under the hand and seal of the Commissioner of Mines. 
 
 Ratification by (d.) The ratification by the Governor-in-Council, signi- 
 
 ^^'^"equrva- fi^d Under the hand and seal of the Commissioners of Mines, 
 
 &c"flratobtafn- ^^^11 be equivalent in all cases to the license, consent and 
 
 ed.' approbation of the Governor-in-Council first had and 
 
 obtained for the purpose under sub-section (c), and any 
 
 assignment or transfer which has been so ratified or may 
 
 hereafter be ratified is and shall be of the same force and 
 
 effect as if such license and consent and approbation had 
 
 been given before such transfer. 
 
TITLE III.] MINES AND MINERALS. 93 
 
 (e.) Any lease may at any time be surrendeied by the Chap. 7. 
 lessee in the same manner and upon terms similar to those surrender o7 
 hereinbefore prescribed for the surrender of a gold or gold '^^'^,^'' j^™^^ "^ "' 
 and silver mining lease. 
 
 100. The Governor-in-Council may by special order special cases, 
 
 ...ji .. 1 PI ,1 largrer area than 
 
 authorize the granting a lease or a larger area than one square one square miie 
 mile if on investigation of the special circumstances of the^'''"''^'*' 
 case it is shewn that by reason of a deficiency of mineral or 
 other natural causes an area of one square mile was insuf- 
 ficient to make a profitable mine (but in no case to exceed 
 two square miles), and in such case may impose such further 
 conditions, not at variance with the spirit of this Chapter, 
 as may be deemed just, and in like manner and on thesaijie 
 conditions two leases of one square mile each may be held 
 and treated as one lease. 
 
 101. All leases of copper and lead mines which have been ^^'I'a"! mfnil 
 or may be issued under this Chapter or any act passed by "^ow construed. 
 the Legislature of this Province shall be held and construed 
 
 to convey to the lessee or lessees therein named and his 
 or their assigns all ores and metals held in composition, 
 associated with or contained in the copper or lead ores 
 therein conveyed, and the same shall be subject to the same 
 royalties as are hereinafter provided for such ores and 
 metals. 
 
 COKNEK POSTS. 
 
 102. All lessees of mining areas other than gold or gold i«ssee to place 
 and silver mining areas shall within six months after the monuments, 
 issuing of such leases, place or cause to be placed at each and 
 
 every corner 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 may 
 determine. 
 
 (a.) Each post or monument shall have distinguishing ^*^^„nu"°enS*^ 
 letters or a suitable inscription cut or marked thereon, desig- 
 nating the corner where placed. Provided always that in 
 cases of areas any corners of which are covered with water, 
 or where thej)lacing of such posts or monuments at such 
 corners would cause private or public inconvenience, it shall 
 be lawful and requiste for the lessees, with the consent of 
 the Commissioner, to place such posts or monuments on the 
 land adjoining such corners, in such positions as shall be 
 approved by the Commissioner. 
 
 (6.) The area of each lease shall be defined as herein Manner ot p!ao- 
 required according to the priority of the granting of such nlrtio?s°\nd sur- 
 lease ; and the lessee of the area first leased shall give to ™^' 
 the lessees of tlie adjoining areas or their agents a written 
 notice that on a day named — to be not less than ten days 
 after the service of such notice — a survey will be made for 
 
 Proviso as to sub- 
 marine areas. 
 
&4 MINES AND MINERALS. [PART I. 
 
 Chap. 7w th-e purpose of establishing the boundaries of the area and 
 
 placing the posts or monuments required by this Chapter, 
 
 Such survey shall be made by a sworn surveyor^ whose' 
 
 appointment shall be sanctioned by the Commissioner ; and 
 
 such surveyor shall make a return of such survey with an 
 
 accurate plan thereof to the Commissioner. 
 
 After foity days (c.) If within forty days after such return has been 
 
 flmed*™' """"made by the surveyor 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 the lines 
 
 as originally defined, the boundary lines of the area as so 
 
 defined by the surveyor .shall, as between the lessees, b^ 
 
 .held to be the true and correct boundary lines of the area. 
 
 If boundaries not (_d.) If within the year above mentioned, from disagree' 
 
 missioner may meut ot otherwisc, such boundary lines are not established 
 
 defln^ed."^'' '° ''"and defined as required by this Chapter, the Commissioner 
 
 maj' cause a survey to be made and the area to be defined 
 
 as hereinbefore required ; and the boundaries so established 
 
 shall be held to be finally determined. 
 
 Expenses, by («..) The expenses of all such surveys and of the 
 
 Kcorer'Since™ placing or erection of all such posts or monuments as 
 
 tain cases. required by this Chapter, shall be paid by the lessees of the 
 
 areas defined ; and, where such surveys are made and such 
 
 posts or monuments are established b}'' virtue of the next 
 
 preceding section, such expenses may be sued for and 
 
 recovered from the lessees in the name of the Commissioner, 
 
 • as an ordinary debt of like amount. 
 
 Honaments, by (/.) Each monument or post, as often as it shall be 
 
 how^iaced" *"'' destroyed or removed, shall be replaced by the lessee at his 
 
 own expense within one month ; and the proceedings 
 
 therefor shall be the same as hereinbefore required for the 
 
 original definition of the area. 
 
 Damage paid to (g.) Where the lessee is not the owner of the land 
 
 (jwnerot and. jjjclufjed jq the area leased, and on which the boundary 
 
 posts or monunaents are required to be placed, he shall be 
 
 at liberty to set them up on such land, but shall pay the 
 
 proprietor for the damage caused thereby. 
 
 Proeeedings (^O If the proprietor and the lessee caanot agree on 
 
 Tndfls^ee^I'nnot ^'^^ amount of such damages, the lessee may call on any 
 
 agree. thi'ee disinterested justiccs of the peace for the county in 
 
 whi-ch the area is to appraise the same. The justices so 
 
 called upon shall forthwith appraise such damages ; and 
 
 their award or that of any two of them shall be final. 
 
 Pay and travel- (*•) Each of such justiccs of the peace shall be entitled 
 
 wufsoTthepirce'^^ °°® *^°'^*^ ^ ^^7 ^^ ^^^ *^°^^ actually and necessarily 
 ■for mailing ap- employed in making such appraisement, besides travelling 
 .pr se en . ^^^^ ^^ ^-^^ ^^^^ ^j ^^^ ccnts per mile to be computed from 
 
 the residence of the justice to the place where the appraise- 
 
TITLE III.] MINES AND MINERALS. 95 
 
 ment is made ; such pay and travelling fees to be paid by Chap . 7. 
 the lessee. 
 
 (j.) Any lessee neglecting to set up such posts or Penalty for ne- 
 nionuments or to renew or replace the same when removed po^at3"|c!''^^'"'' 
 or destroyed, as required bj' this Chapter, shall forfeit a 
 sum not exceding one hundred dollars for every such post 
 or monument he shall neglect to set up or replace. 
 
 (k.) Any person wilfully destroyincr, defacing, iniuringf«"»"y tordes- 
 or removmg any such post or monument, or attempting so ments, &o. 
 to do, shall forfeit a sum not exceeding one hundred dollars 
 for each offence. 
 
 (I.) Any penalty under this Chapter shall be recovered Penalties, where 
 in the name of the Commissioner, before two justices of the ed. 
 peace for the county wherein the offence is committed, in 
 the same manner as an ordinary debt. 
 
 QUARTERLY RETURNS. 
 
 103. On or before the tenth day of each of the months Quarterly re- 
 of January, April, July and October in each and every when and how 
 year, the owner, agent, or manager of every mine (other ^rifledl!"'' "* 
 than a gold or gold and silver mine) leased from the Crown, 
 
 shall send to the Commissioner a correct return specifying 
 the quantity of coal, iron, ore, or other mineral wrought or 
 gotten in such mine, the probable use and destination of 
 the same, and the amount of royalty which has accrued 
 upon such material extracted during the last previous 
 quarter ; and on or before the last days of January, April, 
 Julj' and October in each year, a correct return specifying 
 the number of days' labor and the number of persons 
 ordinarily employed in or about such 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, levels, planes, works, machinery, tramways 
 and railways, sunk, driven, opened or constructed during 
 the preceding quarter. 
 
 Such returns shall be sworn to by the agent or manager ^«f°'^ whom 
 and by one or more credible persons principally employed 
 in or about the working and management of such mine, 
 before the Commissioner or a justice of the peace. 
 
 ROYALTIES. 
 
 104. All ores and minerals (other than gold or gold and 
 silver) mined, wrought, or gotten under authority of licenses 
 or 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 : 
 
96 MINES AND MINERALS. [PART I. 
 
 Chap. 7. Goal — Nine cents and seven-tenths of a cent on every 
 
 ton of two thousand two hundred and forty pounds of coal, 
 except : 
 
 (a) Slack coal, that is, coal that shall have passed 
 through a screen the bars of which are not wider apai't 
 than three-quarters of an inch ; 
 
 (&.) 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 ; 
 Proviso. And provided 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. 
 
 Copper — Four cents upon every unit, that is, upon every 
 one per cent of copper contained in each and every ton of 
 two thousand three hundred and fifty-two pounds of copper 
 ore sold or smelted. 
 
 Lead — Two cents upon every unit, that is upon every 
 one per cent, of lead contained in each and every ton of 
 two thousand three hundred and fifty-two pounds of lead 
 ore sold or smelted. 
 
 Iron — Five cents on every ton of two thousand two 
 hundred and forty pounds of ore sold or smelted. 
 
 Tin and precious stones — Five per cent, on their value. 
 
 RENEWALS. 
 
 coaii eases, how lO.'j. The General Mining Association '■Limited" and 
 other lessees of mines other than gold or gold and silver 
 mines in this Province, their executors, administrators and 
 assigns shall, upon giving notice in writing to the Commis- 
 sioner of Mines at least six months previous to the 
 expiration of their leases, respectively, of their intention 
 to renew such leases, respectively, for a further period of 
 twenty years from the expiration thereof, be entitled to a 
 renewal thereof for such extended term upon the same 
 terms, conditions and covenants as contained in the original 
 lease or as prescribed by this Chapter or by any Act that may 
 be passed by the Legislature of this Province, and in like 
 manner upon giving a like notice before the expiration of 
 such renewal term, to a second renewal and extension of 
 term of twenty years from and after the expiration of 
 such renewal term, and in like manner upon giving like 
 notice before the expiration of such second renewal term, 
 to a third renewal and extension of twenty years from 
 
TITLE III.] MINES AND MINERALS. 97 
 
 and after the expiration of such second renewed term, Chap. 7. 
 provided that at the time of giving such notices, and the 
 expiration of such terms, respectively, the said lessees, their Limitation. 
 executors, administrators and assigns, are and shall continue 
 to be honA fide working the areas comprised within their 
 respective leases, and complying with the terms, covenants 
 and stipulations in their respective leases contained within 
 the true intent and meaning of section 107 of this Chapter; 
 and provided that in no case shall such renewal or renewals 
 extend, or be construed to extend, to a period beyond eighty 
 years from the date of the original lease, but the renewed 
 lease shall not include in respect of each mine worked a 
 larger area than five square miles. 
 
 (a) In case tTie workings of a colliery extend under Coiiiery extend- 
 
 1 11, 1 , 1 /-^( . • iuffunderffround 
 
 ground covered by two or more leases the Commissioner covered by two 
 may renew such leases, on it being satisfactorily proven to ""' "'°''° '''^*^' 
 the Commissioner that the ground covered by said leases 
 is necessary to the satisfactory and profitable working of 
 said mine. 
 
 {})) In case the workings of one area have been Woritings of one 
 extended into an adjoining area even if there is now no jran^idjoimng 
 coal being mined in the first area, both leases may be'"'^*- 
 renewed in whole or in part as may be decided by the 
 Commissioner on the special circumstances of the case. 
 
 (c) In the case of works being prosecuted outside of works prosecu- 
 an area for the purpose of winning the coal in said area area for' tile pur^ 
 the lease of said area ma}' be renewed on it being satis- 1°^_ °^ winning 
 factorily shown to the Commissioner that said works are 
 
 being continuously and effectively prosecuted. 
 
 (d) In the case of an unworked area adjoining a mine ^^"•^"'^/'^j^ 
 being worked, the works of which would be a natural being worised. 
 outlet of said unworked aiea, and that it was necessary to 
 
 the profitable working of the mine, the lease of said area 
 may be renewed on it being shown to the Commissioner 
 that said workings would be a natural outlet for the 
 product of said unworked area, and that said unworked 
 area was necessary to the profitable working of the mine. 
 
 (e) In the case of leases that are eligible for renewal Conditions ot re- 
 in which the conditions of renewal embodied therein are diflereni; from 
 different from those prescribed by this Chapter, and the chapW ""' 
 lessees thereof are unwilling to have such conditions 
 
 altered, the Commissioner shall have power to renew said 
 leases on the terms contained therein and as prescribed by 
 Chapter 9 Revised Statutes, Fourth Series, and no other. 
 
 SUKEENDER. 
 
 106. The holder of any lease may at any time sur- ?'"''^®^'^^f '° ^^ 
 render the same by notice in writing, signed by him and writing, 
 filed, together with hi.s counterpart of lease, in the office 
 
 8 
 
 area 
 mine 
 
98 MINES AND MINERALS. [PAET I, 
 
 Chap. 7. of the Commissioner ; but in case the counterpart of the 
 Couiitevpart of lease has been lost or cannot be obtained, an affidavit to 
 lease lost, &c. (;)^g^(. effect made by the lessee will be received in place of 
 such counterpart ; but nothing herein contained shall be 
 construed to discharge him from liability in respect of any 
 covenants in the lease, for or in respect of any act, matter 
 or thing, for which at the date of such surrender he was 
 liable under the terms of such lease. 
 
 POEFEITURE, 
 
 Proceedings in 107. Where it shall be represented to or come to the 
 ™?kTd™ " "°* '^^o'^^S'^gs "f the Commissioner of Mines that any mineff 
 or minerals claimed under a lease from the Crown, or under 
 a lease granted pursuant to this Chapter, have been aban- 
 doned for the space of one year, have not been effectively 
 and continuously worked, or have been worked only 
 colorabl}', or to prevent a forfeiture under the terms of 
 such lease, the Commissioner of Mines shall cause a notice, 
 to the effect of the form of Schedule E, to be personally 
 served upon the lessee, or some or one of the lessees where 
 more than one of them are included in the same lease, or 
 his or their agent or person principally employed on the 
 premises, or shall cause such notice to be posted up upon 
 the premises leased where no person can be found upon 
 ■whom to make service thereof, informing him of such 
 charge and appointing a time, to be not less than twelve 
 months after the service or posting up of such notice, and 
 also a place for the investigation thereof. At the time 
 and place appointed the Commissioner of Mines shall 
 proceed to investigate such case and decide thereon, and 
 shall thereupon give notice of his decision to the lessee or his 
 agent by causing such notice to be served or posted up, 
 as in this section above directed ; and if, within such term 
 of twelve months, the lessee or his assignee shall and do 
 commence and prosecute effective mining operations to the 
 satisfaction of the Commissioner of Public Works and 
 Mines, according to the true intent and meaning of the 
 terms, covenants and stipulations in the lease contained, 
 and of this section, sucVi mining areas so leased shall not be 
 forfeited. 
 Evidence as to 108. No mere colorable working shall prevent a 
 uon'3''^andTed-foi'^®^'^i''"^; ^^^ ^^^ Commissioner aforesaid shall have power 
 sionas to Jorfei- to examine witnesses on oath, and receive all other necessary 
 testimony, in respect of the mining operations ; and if the 
 decision shall be that such operations are not effective 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 107. 
 
"TITLE III.] MINES AND MUTERALS. 99 
 
 109. The decision of such Commissioner shall be in the Chap. 7. 
 'form in Schedule F; and the lessee or assignee may appeal Form of ded- 
 to the Supreme Court or a Judge thereof at chambers/'""- 
 ■against such decision; any party desiring to appeal from Manner and con- 
 such decision shall give notice in writing to the Commis- 
 sioner of his intention to appeal within twent}- days after 
 
 -such decision, or within twenty days after such decision 
 being made known to the party dissatisfied therewith, but 
 always within one year from the date of such decision ; and 
 shall make and file with such notice an affidavit, sworn to 
 before a commissioner of the Supreme Court, that he is 
 ■dissatisfied with such judgment or decision, and that he 
 verily believes the lease should not have been forfeited, and 
 shall also set forth therein the grounds of his appeal, and 
 ^hall within ten daj^s thereafter enter into a bond with two 
 sureties, in the penalty of six hundred dollars, to enter and 
 prosecute his appeal, according to the provisions of this 
 K^hapter, and pay all costs which may be adjudged against 
 him by the court of appeal ; and thereupon the Commis- 
 sioner shall file such notice and affidavit, together with all 
 papers and documents connected with such appeal, with the 
 prothonotaiy at Halifax, on or before the first day of such 
 term. 
 
 110. Wfeere notices are to be posted on the premises Notices, how 
 
 1 1 , , ^-^, II 1 • 1 J? 1 1 posted when 
 
 Tinder this Chapter, or any or the sections hereof, and the areas undsr 
 areas in respect of which the notices are to be posted shall™""" 
 'be covered with water, the notices may be posted en the 
 Jand as near as conveniently may be to the areas so covered 
 with water. 
 
 111. Whenever a lease of a mine other than of gold Forfeited mine 
 -or gold and silver, shall become forfeited under this Chapter ; "nditiona * de" 
 the Governor-in-Coun-cil may direct such additional terms ^^™^.'J^^(,^^'^^," 
 to those prescribed hereby, on which such mine shall be 
 
 irelet or r«granted by the Commissioner. 
 
 112. There shall be kept in the office of the Commis- Mining maps ot 
 ■sioner of Mines maps of the different mining districts in lister to be iiept 
 the Province, on which shall be delineated as accurately as ^".3 o^"''^^'°°" 
 smay be all the areas under License or lease as mines other 
 
 -than gold or gold and silver mines; and also a book or 
 books of registry in which shall be registered all the 
 licenses and leases of sndi areas, and su<;h maps and 
 book or books shall be open to the inspection of the 
 ;public. 
 
 113. The provisions of the foregoing sections, from 84 sections S4 to 
 •to 112 both inclusive, shall apply only to mines other than give, "to 'whai 
 ;gold and gold and silver mines. mines applicable 
 
100 MINES AND MINERALS. [PART B, 
 
 CfiAP. 7. imsCELLANEOUS, 
 
 Commissioner 114, The Commissioner of Mines may lease Ciown 
 
 SsTn raZS Lands, being within the limits of any pi-pckimed gold 
 districts, &c., re'- (jigti-ict oF eomprising' any tract within which the mines 
 
 serving rights of , . , A , i" "^ i i ij i -i i 
 
 mining leases and minerals other than gold or gold and silver are under 
 eoudUionsT'to" licensc or lease, for purposes other than mining, reserving 
 alwa3's the rights of present or future lessees of mining 
 areas therein, and subject to such other reservations and 
 for such terms and upon such conditions, as the Governor- 
 in-Couneil may direct; and may also sell any timber no(s 
 previously disposed of, growing or being upon an}' part of 
 the Crown domain included within any such gold district, 
 or other tract under license or lease for mines- or minerals 
 other than £jold or gold and silver, upon such, terms as th« 
 GovernoF-in-Council shall authorize and direct. 
 No mining lease 115. No Icasc granted Under the provisions- of this 
 recorde^rreg- Chapter shall be void against any subsequent purchaser, 
 istryof deeds, mortgagee for valuable consideration, or judgment ci editor, 
 by reason of such lease not having been previously regis- 
 tered in accordance with the provisions of the Chapter of 
 the Revised Statutes, " Of the Registry of Deeds and 
 Encumbrances affecting Lands." 
 
 Governor-in- 116. The Governor-in-Council may at any time by 
 
 da,im''goi7 ms-P™'^'*™^*'^°" ^^ ™ ^^'^^ Chapter provided, declare a gold 
 tricts. district which .shall contain an area or areas under license 
 
 or lease for the purpose of searching for or working mines 
 and minerals other than gold or gold and silver ; and in 
 such case the areas under such license or lease shall, 
 notwithstanding such license or lease, become subject to 
 all the provisions of this Chapter which relate specially to 
 all gold districts and gold and gold and silver mines, 
 under such regulations as the Governor-in-Council shall 
 make. 
 
 Governor-in- 117. The Govemor-in-Council is authorized to make 
 
 make^tnining re- rules and regulations relative to gold districts and gold 
 confl?steDt"°wit"ii f*'' S°^<^ ^^^ silver mines and mines other than gold or gold 
 '"*• and silver mines, and licensing and leasing the same, and 
 
 to the pumping, draining, ventilation, working, manage- 
 ment, care, possession and dispo.sal of the same, and to all 
 other matters connected with the same ; and to make such 
 rules and regulations general or applicable only to particular 
 districts or localities as may be deemed best j and all such 
 rules and regulations when published in the Royal Gazette 
 shall have the force of law until annulled by the Governor- 
 in-Council ; provided such rules and regulations shall not 
 be repugnant to the laws of the Province or the provisions 
 of this Chapter; and such rules and regulations may in 
 
t 
 
 TITLE ni.] MINXES AND MINERALS. 1©1 
 
 like manner be altered, modified or cancelled, as circum- Chap. 7. 
 stances shall require. 
 
 118. The forms -to be used under this Chapter ^hall be^^^'sting forms 
 substantially the same as those heretofore in use, subject 
 however to such amendments and alterations as the 
 iGrovernor-in-Cowncil may from tirae to time malse or direct. 
 
 119. Any lessee or licensee of mining areas lying Lesseeoriiq«nsee 
 beneath the waters of tbe sea may make or cause to be "reas mayTunnd 
 made tunnels from the adjacent land .above high waterj^'^^ adjacent 
 mai-k, under tlie waters, to sucli mining areas,, doing as 
 
 little damage as possible to the owners or lessees of the 
 land m wbicb «ucb tunnels shall be made, and the inter- 
 vening land covered with water, and the mines thereia 
 ■contained. 
 
 120. The damages of sucli tunneling shall be agreed 'Dama«<!s how 
 for, determined, settled and paid, as directed in this Chapter 
 
 from section 18 to section 26 inclusive, .afld also section 93. 
 
 121. If th-e ilessee or licensee of such mining areas in case of dis- 
 •cannot agree with the owner or owners of the land, or thermssiooe" shall 
 lessee or licensee of ithe miniBg areas through which it is Ho'n™™to°''of 
 necessafy to drive such tunnels, the Commissioner of Public '""""'s- 
 Works an<l Mines, subject ts 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 occupied 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 he .shall cause a plan thereof to be made and filed in Plan. 
 ■the office of the Registrar of Deeds for the county where 
 the lands so taken for the .commencement of the tunnels 
 .shall be situated. 
 
 122. Leases of mining area-s shall be is.sued in dupli- Mining leases in 
 •cate-; and .swch leases shall be registered in t?he office of the Eegistere'd in 
 •Commissioner of Mines by the Commissioner or some ""'^^ "*''*■ 
 ^jerson by him thereto authorized. 
 
 123. A. certificate of such registry witb the day and Certificate of le- 
 year thereof, -^hall be endorsed on tbe dujplicate delivered ^'^"^^' 
 
 to the .lessee. 
 
 124. All lea-ses which have been passed prior to the certain existing 
 passage of this Chapter, .that are not void or forfeited, shall giatered. 
 
 be registered and .certified as above, if not already so 
 registered. 
 
 125. Inica.^e of a lease or license where there are more Pf '""■'*'?" °' 
 
 ^ . Ill interest in case 
 
 .than one lessee, a declaration in duplicate may be made and of severaiiessees. 
 
r02 MINES AND MINERALS; [t^RT- I.. 
 
 Chap. 7. signed under seal by all the lessees, or their heirs and, 
 assigns, stating the proportion owned by each lessee. 
 
 Proved and re ]26. Such declaration shall be duly proved on oath. 
 
 gistere . fcefore any justice of the peace or the Commissioner of. 
 
 Mines,. and registered as heKeinbefore mentioned. 
 
 Air transfers of 127. All transfers of any interest in mining leases. 
 
 to' bfreffisTS hereafter to be made shall be registered as aforesaid ; and 
 
 and certified, a 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. 
 
 Fonrs. 128. The forms of declaration and transfer for the- 
 
 purposes of this Chapter shall be as in Schedules B and C 
 respectivel3\ 
 
 Incorporated 129. Every Company now or hereafter incorporated! 
 
 eop/of^charter^ Under any act of this Legislature, or by any other competent 
 
 *"• authority, holding or working mines under this Chapter 
 
 shall file a copy of their charter or act of incorporation and; 
 by-laws or regulations in the oflace of the Commissioner- 
 of Mines before any such company shall commence work,, 
 together with a list of the officers of such company, and. 
 all changes of officers made shall also be certified to the- 
 office of the Commissioner of Mines ; and until such 
 certificate is filed no such new official need be recognized 
 by the Commissioner of Mines as an official of any such, 
 company.. 
 
 Description of 130. A description of all mortgages, bills of sale, attach- 
 
 mortaaees,&c ,to i.*n i_ i_ r ii i_ £ j_*i.i £ 
 
 be resfistered in mcuts, judgments, transicrs and documents oi title ot any 
 office?'^'"'""'^^ kind (except licenses), relating to or in any way affecting 
 the title of gold or gold and silver, coal or other mines shalL 
 be recorded according to Schedule D. in the office of the 
 Commissioner of Mines ; and all licenses and a description, 
 of all mortgages, bills of sale, attachments, judgments,, 
 tran.sfers ard documents of title of any kind affecting sucK 
 ■licenses shall be registered in the book of application for- 
 mining rights in the office of the Commissioner in the same 
 manner as such licenses and descriptions are now registered ;, 
 and any such mortgage, bill of sale, attachment, judgment,, 
 transfer or document of title shall be void as against any 
 subsequent bon£ fide mo-rtgage, bill of sale, attachment, 
 judgment, transfer or document of title which shall be- 
 previously registered. 
 Duplicate or cer- 131. ^ duplicate or truc copv, certified by a notary- 
 
 tifled copy to be , , . i p , ,< , , ^ 
 
 filed. under nis seal, ot every transfer, mortgage or other convey- 
 
 ance, registered as above, shall be filed in the office of the 
 Commissioner, of Mines before a certificate of registry is. 
 given.. 
 
TITLE III] MINES AND MINERALS. 103 
 
 132. If the applicant for a mining lease shall not Chap. 7. 
 execute such lease and file it in the office of the Com mis- h lease not exe- 
 sioner for execution and registry by the Commissioner ^j'^^^""'* y^|'J 
 within one year from the time of his application, the areas areas deemed 
 shall be considered vacant, and applications for a lease or 
 license may be received. 
 
 133. The Commissioner shall have power to cause commissioner 
 witnesses brought before him in all contested cases or matters may swear'wit- 
 which he has power to investigate and decide to be"^^^''*- 
 examined under oath, which oath the Commissioner is 
 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 to 
 investigate and decide ; and the Commissioner and Deputy 
 Commissioners shall have power to take affidavits under 
 oath and to administer the oath in all such cases, and to 
 administer oaths in all cases where affidavits are required 
 by this Chapter, except where such oath is required to be 
 administered by a commissioner of the Supreme Court. 
 The Chief Commissioner or any Deputy Commissioner 
 shall not receive any application for license or lease of any Noi'PP'i?*'""' to 
 
 . . 1 -1 T 1 /iDe received for 
 
 mines or mming areas, the right to a license or lease ot minins rights in 
 which is at the time of such application in dispute '^'^''"'''^' 
 before the Commissioner or Deputy or any court of 
 appeal. 
 
 134. Where royalties are due and owing to the down, Royalties ho«- 
 the Governor-in-Council shall have power to order the unpaid! '*" ^^^ 
 Commissioner of Mines to issue a warrant under his hand 
 and seal of office directed to the Sheriff of the 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 space 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 warrant 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 and deliver the same to such sheriff, who" shall 
 immediately execute the same according to the exigencies 
 thsreof, 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. 
 
104 MINES AND MINERALS. [PART I. 
 
 Chap. 7. 135. Leases and licenses shall terminate on the recur- 
 
 on what days Tcnce of the day on which they bear date in the year of 
 leases shall ter- ^jjgir termination, and after ten of the clock of the forenoon 
 of the following day the areas may be leased or licensed 
 grantawr next anew ; but nothing contained in this section shall prevent 
 ^^^- the renewal and extending of licenses and leases as herein- 
 
 before provided. 
 
 chaiigeofowner- 136. If any leasc or any share or interest therein 
 
 ieases°in certain becomes transmitted or transferred in consequence of the 
 
 thenucated" Ty*^®^*^' bankruptcy or insolvency of any lessee, or in 
 
 declaration. consequencc of the marriage of any female lessee, or by 
 
 any means other than a transfer according to the provisions 
 
 of this Chapter, such transmission or transfer shall be 
 
 authenticated by a declaration of the person to whom such 
 
 lease or share or interest therein has been transmitted or 
 
 transferred, stating the circumstances of such transmission 
 
 or transfer, and describing the manner in which and the 
 
 person to whom such property has been transmitted or 
 
 transferred ; and such delaration shall be made before the 
 
 Commissioner, Deputy Commissioner of Public Works and 
 
 Mines, or a justice of the peace. 
 
 Evidence to ac- 137- If such transmission or transfer shall have taken 
 deciaSion.™" place by virtue of the bankruptcy or insolvency of any 
 lessee, such declaration shall be accompanied by such 
 evidence as may for the time being be receivable in courts 
 of justice as proof of the title of persons claiming under 
 any bankruptcy or insolvency ; and if such transmission 
 has taken place by virtue of the marriage of a female 
 lessee, such declaration shall be accompanied by a copy of 
 the register of such marriage or other legal evidence of the 
 celebration thereof, and shall declare the identity of such 
 female lessee ; and if such transmis;ion shall have taken 
 place by virtue of any testamentary instrument or by 
 intestacy, then such declaration shall be accompanied by 
 the probate of the will or the letters of administration or 
 any copy thereof that may be legal evidence or would be 
 received in courts of justice as proof of such transmission. 
 
 Commissioner to 138_ The Commissioner of Mines, upon the receipt of 
 
 register names of i j i , • • j jy ^ ■ i t -n ^ l 
 
 new owner. such declaration so accompanied as atoresaid, shall enter 
 the name of the person entitled to the lease or any share or 
 interest therein, under such transmission or transfer, in 
 the books of registry as so entitled thereto. 
 
 Alternative title 139. This Chapter may be legally known and cited 
 fowed.^''''" ""as "An Act to Consolidate the Statutes relating to Mines 
 
 and Minerals," when necessary, as well as by its regular 
 
 title, 
 
TITLE in.J MINES AND MINERALS. 105 
 
 Chap. 7. 
 schedules. 
 
 A. 
 
 This Indentuee, Made this day of in 
 
 the year of our Lord One Thousand Eight Hundred and 
 
 between the Queen's Most Excellent Majesty, of the 
 
 one part, and hereinafter described as lessees, of 
 
 the other part : 
 
 Witnesseth, That in consideration of the royalties 
 hereby reserved, and of the covenants and agreements 
 herein contained, and on the part and behalf of the said 
 lessees, their executors, administrators and assigns, to be 
 observed and performed, our Sovereign Lady the Queen, 
 of her special grace, certain knowledge and mere motion, 
 doth grant and demise unto the said lessees, their 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 and silver, gold-bearing and silver-bearing quartz, and 
 other gold-bearing rocks and silver-bearing rocks and 
 minerals, and gold-bearing and silver-bearing earth, and all 
 the gold and silver, 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 lessees shall have 
 taken proceedings in accordance with Chapter 7 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 silver, and gold- 
 bearing and silver-bearing quartz, and all other the 
 gold-bearing rocks and silver-bearing rocks and minerals, 
 and gold-bearing and silver-bearing earth, and gold and 
 silver whether in quartz or otherwi.se, in, under, and upon 
 the same, to the said lessees, their executors, administrators 
 
106 MINES AND MINERALS. [PART I. 
 
 Chap, 7. and assigns, for, during and unto the full end and term of 
 twentj'-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 Commissioner of Mines for 
 the district, a royalty of two per cent, upon the gross 
 amount of gold and silver obtained, mined, had, wrought, 
 or gotten from or out of the said demised premises, 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 or other material crushed by licensed mills, at the 
 rate of nineteen dollars per ounce, troy, for smelted gold, 
 and eighteen dollars for unsmelted gold, and at the rate 
 of one dollar per ounce, troy, for silver 900 fine. 
 
 And the said Lessees do hereby covenant, promise and 
 agree to and with our said Sovereign Lady the Queen, her 
 heirs and successors, that the said Lessees, their executors, 
 administrators, and assigns, shall and will well and truly 
 pay and deliver, or cause to be paid and delivered to 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 pi-ovisions of this lease. 
 
 And also, That the said Lessees, their heirs, executors, 
 administrators and assigns shall and will during the con- 
 tinuance 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, silver 
 and silver-bearing quartz and minerals, and other rock 
 containing gold or silver, and all gold or silver in grain or 
 otherwise as shall from time to time be mined, wrought, 
 had, gotten or obtained out of the said demised premises, 
 and also of the names of the men actually employed in the 
 working of the said 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 or silver-bearing 
 earth or other gold-bearing or silver-bearing material 
 raised from the demised premises has been sold or 
 disposed of, with the price or the percentage upon the 
 yield thereof received therefor, and also the weight 
 of any quartz, or other gold-bearing or silver-bearing 
 material raised from the demised premises, which may be 
 sent to any licensed mills for crushing quartz, the name 
 and description of the mill to which the same has been 
 
TITLE III.] MINES AND MINERALS. 107 
 
 sent, and also the yield of gold and silver from such quartz Chap. 7. 
 or other materials as returned hy the mill owner ; and also ~' 
 
 that such hook or books of account shall at all times be 
 open and subject to the inspection and examination of the 
 Commissioner of Public Works and Mines, or of the Deputy 
 Commissioner of the district, or of the Inspector of mines, 
 and also of any other person or persons thereto specially 
 appointed by the Commissioner of Public Works and Mines, 
 for the time being ; and also that the said lessees, their 
 executors, administrators or assigns, shall upon the first 
 days of January, April, July and October in each and 
 every year during the continuance of this demise, deliver 
 or cause to be delivered to the Commissioner of Public 
 Works and Mines at Halifax, or to the Deputy Commis- 
 sioner of Mines for the district, a true and correct retui-n 
 on forms to be supplied by the Commissioner, which shall 
 show the particulars prescribed and required by the 
 sixtieth section of Chapter 7 of the Revised Statutes " Of 
 Mines and Minerals," verified by an affidavit of some one- 
 or more suitable person or persons employed in or about 
 the working or management of the mines 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 require- 
 ments of the said Chapter. 
 
 And likewise, That the said lessees- 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 days' labor ; and also shall and 
 
 will, during 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 all times during- 
 the continuance of this grant or demise well and efiectually 
 maintain and support all and every the working-pits, 
 shafts, levels, drifts and watercourses 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 the roofs of the said 
 mines from falling in or being otherwise damaged ; and 
 shall and will at the end or other sooner determination of 
 the said term, peaceably and quietly yield and deliver unto 
 the Commissioner of Public Works and Mines, or the- 
 Deputy Commissioner of the district, or such other persoai 
 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 singulaa- 
 other the premises, hereinbefore mentioned,, except suehi 
 
108 MINES AND MINERALS. [PART I. 
 
 Chap. 7. furnaces, engines, mills, forges, foundries, railroads, imple- 
 ments, houses and buildings as shall not be attached to the 
 freehold, in such good order, plight and condition as fair- 
 wrought mines ought to be left, with such timber, deals 
 and other material as aforesaid (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 lessees, for 
 themselves, their heirs, executors, administrators and assigns, 
 do accept this grant or demise under the condition that in 
 case default shall be made by the said lessees, their 
 executors, administrators or assigns, in keeping such book 
 or books of account, or in making such entries therein, or 
 in delivejring such affidavit or affidavits as aforesaid, or in 
 payment of the said royalties hereby reserved for the space 
 of ten days after the periods hereinbefore 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 
 other covenant herein contained shall not be kept and 
 observed, then and in every or any or either of the said cases 
 these presents and all and every the powers and priviliges 
 hereby granted shall be utterly null and void, anything 
 to the contrary thereof of these presents notwithstanding. 
 
 Provided always nevertheless That it shall and may be 
 lawful for the said lessees, their executors, administrators 
 and assigns, at any time or times hereafter when so minded, 
 to give notice in writing and file the same in the office of 
 the Deputy Commissioner of Mines of the district, or of the 
 Commissioner of Public Works and Mines in any District 
 where there is no deputy, setting forth that they are 
 desirous of surrendering this lease ; and in such case, so 
 soon as any such notice shall be so filed in th« office of the 
 Commissioner of Public Works and Mines, the interest and 
 estate of the said lessees in the demised premises shall 
 foi'thwith revest in her said Majesty, and the said lessees, 
 their executors, administrators or assigns shall thenceforth 
 cease to have any interest therein, or to be liable under the 
 terms and provisions of this lease for any royalty, except the 
 royalty on gold or silver, mined or obtained up to the date 
 of said surrender, or in any other way than from quartz or 
 other material crushed at licensed mills. 
 
 Provided also further. And it is the true intent and 
 meaning of these presents that the said lessees, their 
 executors, administrators or assigns, shall continue and 
 remain lia%le under the conditions of this lease for and im 
 respect of any matter or thing herein or hereby covenanted 
 
TITLE III.J MINES AND MINERALS. 109 
 
 to be done or performed, and for which a liability shall have Chap. 7. 
 existed at the date of such surrender, and also shall continue 
 and remain liable for all royalty due as last above mentioned 
 at the date of said surrender. 
 
 In witness whereof, Our Sovereign Lady the Queen has 
 caused , Commissioner of Public Works and 
 
 Mines for the Province of Nova Scotia, to subscribe his 
 hand and seal of office to this Indenture, and the said 
 Lessees have subscribed their hands and seals thereto. 
 Signed, Sealed and Delivered, by the said \ 
 
 Commissioner of Public Works and y [l.s.J 
 
 Mines in the presence of j 
 
 By the said Lessees 
 in presence of [l.s.J 
 
 B. 
 
 We, , of , in the county of , do 
 
 hereby declare that we are the legal owners under lease. 
 
 No. - — — , district , dated the day of , A. D. 
 
 18 — , of shai'es in said lease mentioned. 
 
 Given under our hands and seals, this day of , 
 
 A. D. 18—. 
 
 Personally appeared before me , of , who 
 
 being sworn, says that duly signed the foregoing 
 
 declaration in his presence. 
 
 Sworn before me at , this \ 
 
 day of , A. D. 18—. j 
 
 C. 
 
 Know all men by these presents that I, , of , 
 
 in the county of , in consideration of dollars 
 
 to me in hand, well and truly paid by of , have 
 
 sold, assigned, transferred and set over, and by these 
 
 presents do sell, assign, transfer and set over to , of 
 
 , his executors, administrators and assigns, 
 
 shares 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 hand and 
 seal, this day of , A. D. 18 — . 
 
 Signed, sealed, and delivered, \ 
 in presence of . J 
 
 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 
 
 J.P. 
 
110 
 
 Chap. 7. 
 
 MINES AND MINERALS. 
 
 D. 
 
 District. 
 
 IMPART I, 
 
 No. of Lease. 
 
 Date of Lease. 
 
 Date of Issue. 
 
 Date of Registry. 
 
 Description. 
 
 
 
 
 
 
 To whom leased. 
 
 Shares 
 OT parts. 
 
 To whom leased. 
 
 Shares 
 or parts 
 
 
 
 
 
 
 
 No. 
 
 By whom solds 
 
 Shares 
 or parts 
 
 Date of Registry. 
 
 Conveyance. 
 
 To whom sold. 
 
 
 
 
 
 
 
 E. 
 
 To A. B. and C. D., lessee of certain mining areas, by 
 
 virtue of a lease from Her Majesty the Queen to , 
 
 feearing date the day of , A. D. 18—, (or, if the 
 
 lease has been assigned, to A. B. and C. D., assignees of the 
 lessees of certain, &c., &c., «s above.) 
 
 Whereas it has been represented and come to the 
 knowledge of the Commissioner of Public Works and Mines 
 that J;he mines and minerals in the said lease described and 
 conveyed have been abandoned for the space of one year, 
 have not been effectively or continuously worked, or have • 
 been worked only colorably, and that the lessee or lessees 
 (or their assignees) have failed to comply with the terms, 
 covenants and stipulations in the lease contained : 
 
 You are hereby notified that the said charge or complaint 
 will be investigated before me, at my office in the Province 
 
 Building, at Halifax, on the day of , in the 
 
 year of Our Lord one thousand eight hundred and ^. 
 
 Dated the — — day of , A. D. 18—. 
 
 E. F., 
 Commissioner of Public Works and Mines. 
 
TITLE III.] MINES AND MINERALS. Ill 
 
 *" F. Chap. 7. 
 
 In pursuance of a notice duly served on the lessee or 
 lessees (or assignees as the case may be), under a lease of 
 
 certain mining areas, situate and being at , in the 
 
 county of , made between the Queen of the one 
 
 part, and A. B. and C. D., of , &c., of the other part, 
 
 and dated the day of — , A. D. 18 — . I have 
 
 examined into the matter of ' complaint against the said 
 lessee or lessees (or assignees, <&€.,) for not working the 
 said mining areas eifectively 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 declai-ed, 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 day of ■ 
 
 A. D. 18—. 
 
 E. F., 
 Commissioner of Public Works and Mines, 
 
 Or G. H., Deputy Commissioner of Mines. 
 
 G. 
 Bond to the Queen and her successors in penalty of $600 
 
 Whereas the Commissioner of Public Works and 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. K., &c., have appealed against the said decision to 
 the Supreme Court, (or a judge of the Supreme Court, as 
 the case may be). 
 
 Now the condition of this obligation is such that if the 
 said G. H., J. K., &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 in 
 the premises, then this obligation shall be void, otherwise 
 the same shall remain in force. 
 
 Signed, sealed and delivered | G. H. [l. s.] 
 
 in presence of ) J- K. [l. s.] 
 
112 regulation of mines. [part i. 
 
 Chap. 8. 
 
 CHAPTEE 8. 
 
 OF THE REGULATION OF MINES. 
 
 Alternative title. 1- This Chapter may be legally cited, when desirable, 
 as " The Mines Eegulation Chapter." 
 
 Definition of 2. In this Chapter, unless the context otherwise 
 
 chSter"^^^ '"requires,— the term "mine" includes every shaft in the 
 course of being sunk, and every level and inclined plane 
 in the course of being driven for commencing or opening 
 any mine, or for searching for or proving minerals, and all 
 the shafts, levels, planes, works, machinery, tramways, 
 railways and sidings both below ground and above ground, 
 in and adjacent to a mine, and any such shaft, level and 
 inclined plane of and belonging to the mine. 
 
 The term "shaft" include.^ pit. 
 
 The term " inclined plane " includes slope. 
 
 The term " plan" includes a map and section or sections> 
 and a correct copy or tracing of any original plan as so 
 defined. 
 
 The term " Commissioner" means the Commissioner of 
 Public Works and Mines. 
 
 The term " Inspector" used in this Chapter means an 
 Inspector of Mines appointed under the laws of this 
 Province relating to Mines and Minei'als. 
 
 The term "Deputy Inspector" used in this Chapter 
 means a Deputy Inspector of Mines appointed under the 
 laws of this Province relating to Mines and Minerals, who 
 shall have the same power of inspection as the Inspector, 
 but shall be under his direction. 
 
 The term " owner," when used in relation to any mine, 
 means any person or body corporate who is the immediate 
 proprietor, or lessee, or occupier of any mine, or of any 
 part thereof, and does not include a person or body cor- 
 porate who merely receives a royalty or rent from a mine, 
 or is merely the proprietor of a mine subject to any lease, 
 grant or license for the working thereof, or is merely the 
 owner of the soil, and not interested in the minerals of the 
 mine ; but any contractor for the working of. any mine or 
 any part thereof shall be subject to this Chapter in like 
 manner as if he were an owner, but so as not to exempt 
 the owner from any liability. 
 
TITLE III.] REGULATION OF MINES. 113 
 
 The term "agent" when used in relation to any mine, Chap. 8. 
 means any person having on behalf of the owner care or 
 direction of any mine, or any part thereof. 
 
 The term " manager," when used in relation to -any 
 mine, means the chief officer having the control and daily 
 supervision, of the mine. 
 
 The term "underground manager," when used in relation 
 to any mine, means the person next in charge to the manager 
 and having the supervision of the underground workings. 
 The term " overman," when used in relation to any mine, 
 means the person in charge of any mine, or any portion of 
 a mine, next in charge to the underground manager. 
 
 The term "boy" means any male person under the age 
 of eighteen years. 
 
 3. If any c][uestion arises whether a mine is a mine to^^"y^g^*^^^°™*'j 
 which this Chapter applies, such question shall be referred mine shaii be 
 to the Commissioner, whose decision thereon shall be final, missioned 
 
 EMPLOYMENT DF BOYS. 
 
 4. No boy under the age of ten years shall be employed ^° to^bfem^oy- 
 in or about or allowed to be for the purpose of employ- ed in any mine, 
 ment in or about any mine below ground or above ground. 
 
 5. A boy of the age of ten and under the age of twelve Time ot employ- 
 years shall not be employed in or allowed to be for the between ten and 
 purpose of employment in any mine below ground f or gr'gu^d.""'*^'^ 
 more than sixty hours in any one week, or more than ten 
 
 hours in any one day. 
 
 6. For the purpose of the provisions of this Chapter f^^f^Sjf'^p^! 
 ' with respect to the employment of such boys in a mine ment^ "ound'"^^ 
 
 below ground, the following regulations shall have effect ; 
 that is to say, 
 
 (1.) The period of each employment shall be deemed 
 to begin at the time of leaving the surface, and 
 to end at the time of returning to the surface : 
 (2.) A week shall be deemed to begin at midnight on 
 Saturday night, and to end at midnight on the 
 succeeding Saturday night. 
 
 7. Where there is a shaft or an inclined plane or level ^ent**'of°'?ou.fg 
 in any mine, whether for the purpose of an entrance to persons about 
 such mine or of a communication from one part to another *"^ "°°" 
 part of such mine, and persons are taken up or down or 
 
 along such shaft, plane or level by means of any engine, 
 windlass or gin driven or worked by steam or any 
 mechanical power, or by an animal or by manual labour, a 
 person shall not be allowed to have charge of such engine, 
 windlass or gin, or of any part of the machinery, ropes, 
 chains or tackle connected therewith, unless he is a male 
 of at least eighteen years of age. 
 
 9 
 
114 EEGtTLATION OF MINES. [PAET 1. 
 
 Chap . 8. Where the engine, windlass or gin is worked by an 
 
 animal, the person under whose direction the driver of the 
 animal acts shall for the purposes of this section be deemed 
 to be the person in charge of the engine, windlass or gin ; 
 but such driver shall not be under twelve years of age. 
 This clause shall not apply to operations known in the 
 mines as counter or back balances. 
 
 Penalty for em- g. If any pcrson contravenes or fails to comply, with, 
 sous in contra- Or permits any person to contravene or fail to comply with, 
 chapto. °* *'"^ any provision of this Chapter with respect to the employ- 
 ment of boys, or to the employment of persons about any 
 engine, windlass or gin, he shall be guilty of an offence 
 against this Chapter; and in case of any such contra- 
 vention or non-compliance by any person whomsoever, the 
 owner, agent and manager shall each be guilty of an 
 offence against this Chapter, unless he pro^-e that he had 
 taken all reasonable means by publishing and to the best 
 of his power enforcing the provisions of this Chapter to 
 prevent such contravention or non-compliance. 
 
 Proviso. If it appear that a boy or a person employed about an 
 
 engine, windlass or gin was employed on the representation 
 of his parent or guardian that he was of that age at which 
 his employment would not be in contravention of this 
 Chapter, and under the belief in good faith that he was of 
 that age, the owner, agent or manager of the mine and 
 employer shall be exempted from any penalty, and the 
 parent or guardian shall for such misrepresentation be 
 deemed guilty of an offence against this Chapter. 
 
 WAGES. 
 
 No wages to be 9. No wEgcs shall be paid to any person employed in 
 EouBM? &<!.^"''''° or about any mine at or within any public house, beer shop 
 or place for the sale of any spirits, beer, wine or other 
 spirituous or fermented liquor, or other house of entertain- 
 ment, or any office, garden or place belonging or contiguous 
 thereto, or occupied therewith. 
 
 Every person who contravenes or fails to comply with 
 or permits any person to contravene or fail to comply with 
 this section shall be guilty of an offence against this 
 Chapter ; and in the event of any such contravention or 
 non-compliance by any person whomsoever, the owner, 
 agent and manager shall each be guilty of an offence against 
 this Chapter unless he prove that he had taken all reason- 
 able means by publishing and to the best of his power 
 enforcing the provisions of this section to prevent such 
 contravention or non-compliance, 
 
:TrrLE 111^] SEGOLATION dF MmES. 115 
 
 10. Where the amount of wages paid to any of the Chap. 8. 
 ipersons en^loyed in a mine dej)ends on the amount of as to payment of 
 mineral gotten by them, such persons shall if the majority ™^^^g^5j°'''''"^ 
 -of such ^persons so desire, and unless the mine is exempted minemi. 
 
 by the Commissioner, be paid according to the weight of 
 ■the mineral gotten by them, and such mineral shall be truly 
 weighed accordingly. 
 
 Provided always, that nothing herein contained shall P™^i3o- 
 preclude the owner, agent or manager of the mine from 
 •agreeing with the persons employed in such mine that 
 'deductions shall be made in respect of stones or materials 
 •other than mineral contracted to be gotten which shall be 
 sent out of the mine with the mineral contracted to be gotten, 
 •or in respect of any tubs, cars or hutches being improperly 
 filled in those eases where they are filled by the getter of 
 the mineral or his drawer or by the person immediately 
 ►employed by him, such deductions being determined by the 
 ■banksman or Weigher and check-weigher if there be one. 
 
 If any ;person contravenes or fails to comply with or 
 ■5)ermits any ,person to contravene or fail to comply with 
 this section he shall be guilty of an offence against this 
 'Chapter, and in the event of any contravention of or 
 •non-compliance with this section by any person whomsoever 
 the owner, agent and manager shall each be ^guilty of an 
 ■oifence against this Chapter, unless he prove that he had 
 taken all reasonable means by publishing and to the best 
 'of his .power enforcing the /provisions of this section to 
 iprevent such contravention and non-compliance. 
 
 11. The .persons who are employed in a mine and arecheok-weigher 
 ipaid according to the weight of -the mineral gotten by mining empioy- 
 them may, at their own cost, station a person (in this ^^jj^^'^y^PPg"™*^ 
 Chapter referred to as a "check-weigher") at the place removal. 
 
 •ii.ppointed for the weighing of such mineral, in order tb 
 take an account of the weight thereof on behalf of the 
 
 ipersons by whom he is so stationed. The check- wteigher 
 shall be one of the persons employed either in the mine at 
 whicli he is so stationed or iii another mine belonging to 
 the owner -of . that 'mine. He shall have every facility 
 
 'afibrded to him to take a correct account of the weighing 
 for the persons by -whom he is so stationed; and if in any 
 mineiprgper facilities are notafforded 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. 
 
116 REGULATION OF jriNES. [PAET 5. 
 
 Chap; 8;- The- check-weigher shall not be authorized in any way 
 
 to impede or interrupt the working o±" the mine or to- 
 interfere 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 mtine or interfered with the weighing, or has otherwise 
 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 primd 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 sadd complaint 
 shall be served on the 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 
 to- answer the complaint, proof of the service of the said 
 summons shall be furnished by the said constable in the 
 same way as in ordmary civil suits before a justice of the 
 peace. On the hearing of the case the justice shall hear 
 the parties, and if he think that at the hearing sufficient 
 ground is shown by the owner, agent or manager to justify 
 the removal of the check-weigher, or in case of the non- 
 appearance of the said check-weigher and on proof of the 
 service of the summons as aforesaid, he shall make a 
 summary order for his removal, and the check-weigher 
 shall thereupon be removed, but without prejudice to tlie 
 stationing of another check-weigher in his place. 
 
 The justice may in every case make such order as to 
 the costs of the proceedings as he thinks just, and execution, 
 may issue for the recovery of the same as in suits for debts 
 before a justice of the peace. 
 
 gINGLB SHAFTS, 
 
 Pr-ohibition of 12. The owuer, agent or manager of a mine shall not 
 single shafts, employ any person in such mine or permit any person to 
 be in such mine for the purpose of employment therein 
 unless there are in communication with every seam of such 
 mine for the time being at work at least two shafts or 
 outlets, separated by natural strata of not less than ten feet 
 in breadth, by which shafts or outlets distinct means of 
 ingress and egress are available to the persons employed in 
 such seam, whether such two shafts or outlets belong to 
 the same mine or one or more of them belong to another 
 
^TITLE ni.] EEOULATION OP MINES. 117 
 
 mine, and unless there is a communication of not less than ChAP. 8. 
 four feet wide and three feet high between such two shafts 
 or outlets, and unless there is at each of such two shafts or 
 outlets or upon th« works belsnging to the mine, and either 
 in actual Tise or available for use within a reasonable time, 
 proper apparatus for raising and lowering persons at each 
 such shaft or outlet. 
 
 Provided that such separation shall not be deemed 
 incomplete by reason ®nly that openings through the strata 
 between the two shafts or outlets have been made for 
 temporary purposes of ventilation, drainage or, otherwise ; 
 or in the case of mines where inflammable -gas has not been 
 found within the preceding twelve months for the same 
 purposes, although not temporary. 
 
 Every owner, agent and manager of a mine who acts in 
 contravention of or fails to comply with this section shall 
 be guilty of an offence against this Chapter. 
 
 The Supreme Court or any judge thereof, whether any 
 other proceedings have or have not been taken, may, upon the 
 application of the Attorney-General, prohibit "by injunction 
 the working of any mine in which any person is employed 
 or is permitted to be for the purpose of employment in 
 contravention of this section, and may award such costs in 
 the matter of the mjunction as the court or judge thinks 
 just ; but this provision shall be without prejudice to any 
 other remedy permitted ^y law for .enforcing the provisions 
 ©f this Chapter. 
 
 Written notice of the intention to apply for such 
 injunction in respect of any mine shall be given to the 
 owner, agent or manager of such mine not less than twenty 
 ^ays before -the application is made. 
 
 13. The provisions of this Chapter with respect toExemptiontftrom 
 ■shafts or outlets shall not apply in the following cases ;Sn°gYes°haftr *° 
 tfchat 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 
 'Communieation between two or more shafts, so 
 iong as not moue than twenty persons are 
 ■employed below ground at any one time in the 
 workings ia connection with each shaft or 
 >outlet in such new mine or such working :: 
 '{.2.) In the ease of any proved mine so long as it is 
 exempted in writing by the Commissioner on 
 the gEouiad 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 
 
US REGUEATION OF" MINES. [PAET I^ 
 
 Chap. 8. than explosions of gas by using stone, brick or 
 
 ii'on in the place of wood for the- lining of the- 
 shaft and the construction of the-midwall ; or 
 (p.) that the workings in any seain of a mine have- 
 leached the boundary ©f the property or other 
 extremity o£ the- mineral field of which such 
 seam' is a part, and that it is expedient to work; 
 away the pillars already formed ia ccMirse of" 
 the ordinary working, notwithstanding that, 
 ©ne of the shafts or outlet* niay be cut off by 
 so working a-way the pilTars of such seam ; 
 and so. long as there are not employed below- 
 ground at any one time- in the wcwkings in 
 eonnection with the shaft or outlet in any such) 
 mine more than twenty persons, or (if the mine- 
 is not a coal mineor 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 ©f which has become Ibj reason of some- 
 accident unavailable for the use- of the persons^ 
 employed in the mine, so- long as such mine is. 
 exempted in writing by the Commissioner, and. 
 the conditiens on which such exemption is, 
 granted are duly o-bserved. 
 eommissioiier 14'. If a Written represeatation be made to^ the Com- 
 
 appucation ""for niissioner by the owner or agent of a mine not having at, 
 to'proWde'"St^s P^^'^^g *^^ this Chapter two- shafts or outlets, that aru 
 tienai ehafta. extension of time for providing an additional shaft or- 
 ©utlet ought to be granted to him, the question as to. 
 whether such exemption, or extension, of time ought to be; 
 granted shall be decided by the Commissioner. 
 
 EETFUNS, NOTICES. AND ABANDOKStENIL 
 
 Returns by les- 1.5.. For procuring mining returns — - 
 
 agcnt9,.and man- (1_) The les.see ©f every mine leased from the- CrowiL 
 
 agers o imues. shall Send tO' the office of the Commissioner a. 
 
 eorrect returu of all the minerals wrought in. 
 
 such mine, as- is reqjUired by Chapter 7 " Of 
 
 Mines and Minerals," and such other information, 
 
 and. at the stated times .specified in such Chapter : 
 
 (2..) And on or before the thirty-first day of January 
 
 in every year the owner, agent or manager of 
 
 e-\rery mine to. which this Chapter appliesy other 
 
 than of every mine leased from the Crown, 
 
 shall send to the office of the Commissioner a 
 
 correct return specifying with respect to the 
 
 year ending on. the preceding thirty-first day 
 
TITLE III.] REGULATION OF MINES. 119 
 
 of December the quantity of coal, iron ore, or Chap. 8. 
 other mineral wrought in such mine, and the 
 number of persons ordinarily employed in or 
 about such mine below ground and above 
 ground, distinguishing the persons and labour 
 below ground and above ground and the dif- 
 ferent classes of the persons so employed : 
 (3.) The owner, agent, manager or occupier of every 
 mine shall once a year if required by the 
 Inspector send to him a return of facts 
 relating to the mode and description of means 
 of ventilation, a description of the upcast and 
 downcast shafts, of the length and sectional 
 area of the airways, the number of splits and 
 quantity of fresh air in cubic feet per minute, 
 artd the average total quantity of air in cubic 
 feet per minute in his mine. 
 The returns shall be in such forms as niay be from time 
 to time prescribed by the Commissioner, who shall from 
 time to time on application furnish forms for the purpose 
 of such returns. 
 
 Every owner, agent or manager of a mine who fails to 
 comply with this section, or makes any return which is to 
 his knowledge false in any particular, shall be guilty of an 
 oifence against this Chapter. 
 
 16. Where in or about any mine whether above or written notice 
 
 « I T •J_^ to be given of 
 
 below ground, either aooidentflia 
 
 (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 
 person employed in or about the mine occurs 
 by 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 facts relarting 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 
 
 mines. 
 
120 REGULATION OF MINES. [PART I. 
 
 Chap. 8. 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 
 compliance with this section shall be guilty of an offence 
 against this Chapter. 
 Notice of Chang- 17. In any case, 
 
 or ' wQ°rk"ng'''IS (1-) Where any change occurs in the name of, or in the 
 "»'"«• 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 fot the purpose 
 
 of opening a mine ; 
 (6.) W^here a shaft of any mine is abandoned or the 
 
 working thereof discontinued ; or 
 (c.) Where the working of a mine is recommenced after 
 an abandonment or discontinuance for a period 
 exceeding two months ; 
 the owner, agent or manager of such mine shall give 
 notice thereof at the office of the Commissioner within 
 two months after such- commencement, abandonment, dis- 
 continuance, recommencement or change ; and rf such notice 
 be not given, the owner, agent or manager shall be guilty 
 of an offence against this Chapter. 
 Fencing of aban- 18. Where any mine is abandoned or the working 
 thereof discontinued, at whatever time such abandonment 
 or discontinuance occurs, the owner thereof, and every 
 other person interested in the mineral of such mine, shall 
 cause the top of the shaft and any side entrance from the 
 surface to be and to be kept securely 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 him and any 
 other person interested in the minerals of the 
 mine, be liable to carrj' 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 anj' person 
 from any liability under any other Chapter or 
 Act, or otherwise. 
 
 If any person fail to act in conformity with this section, 
 he shall be guilty of an offence against this Chapter. 
 
TITLE III.] BEGULATION OF MINES. 121 
 
 19. Where any mine is abandoned, the owner of such Chap. 8. 
 mine at the time of such abandonment shall, within three pians of aban- 
 months after such abandonment, send to the office of the ^™^^( '^^"^^^° 
 Commissioner an accurate plan on a scale of nr less than missioner. 
 
 a scale of two chains to one inch, showing tb .' boundaries 
 of the workings of such mine up to the time of the aban- 
 donment, with the view of its being preserved under the 
 care of the Commissioner. 
 
 Provided that this section shall not apply to a mine Proviso. 
 (which is not a mine of coal, of stratified iron-stone, of 
 shale, or of fireclay) in which less than twelve persons 
 have ordinarily been employed below ground ; unless the 
 owner, his agent or manager has been specially required 
 by the Commissioner to keep a plan of his mine. 
 
 Every person who fails to comply with this section shall 
 be guilty of an offence against this Chapter. 
 
 INSPECTION. 
 
 20. The Inspector shall have power to do all or any Powets of in- 
 of the following things ; namely, 
 
 (l.j. To make such examination and inquiry as may be 
 necessary to ascertain whether the provisions 
 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 maj'- be necessary 
 for carrying this Chapter into eff'ect. 
 
 Every person who wilfully obstructs the Inspector in 
 the execution of his duty undei- 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 entry, inspection, examination or enquiry under this 
 Chapter in relation to such mine, shall be guilty of an 
 offence against this Chapter. 
 
122 REGULATION OF MINES. [PART I. 
 
 Chap. 8. 21. If in any respect (which is not provided against 
 
 ProoeedinRs in b}' any express provision of this Chapter, or by any special 
 
 or*dan?6r°not^"l^) ^^^ Inspector find any mine, or any part thereof, or 
 
 specially provid- 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 
 
 thereof 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 ten days after 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 
 together with one arbiti-ator 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. 
 
 Five days' notice of the time and place where the 
 Commissioner will hear such evidence shall be given to the 
 parties interested. 
 
 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 five 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 the notice and decision shall respectively be 
 deemed to be written notice of such offence : 
 
 Provided that the Commissioner, if satisfied that the 
 owner, agent or manager has taken active measures for 
 complying with the notice or decision, but has not with 
 reasonable diligence been able to complete the works, may 
 extend the time of five days (above specified) to such time 
 as he shall deem proper, and if the works are completed 
 within such time no penalty shall be inflicted. 
 
 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 under any contract to 
 any penalty or forfeiture for doing such acts. 
 
TITLE III.J REGULATION OF MINES. 12S 
 
 22. The owner, agent or manager of every mine of Ohap. & 
 coal, of stratified ironstone, of shale, or of fireclay, shall pims of mines to. 
 keep in the office at the mine an accurate plan of the ^g'^*^"''' °™'*'- 
 workings of such mine, showing the workings U'p to at 
 
 least six months previously, also the owner, agent or 
 manager of all other mines in which more than twelve 
 persons are ordinarily employed below ground, afeo of all 
 other mines when specially requested tO' do- so by the 
 Commissioner. 
 
 The owner, agent or manager of the mine shall produce 
 to the Inspector at the mine sueh ptan, and shall if 
 requested bj' the Inspector mark on such plan the progress 
 of the workings of the mine u-p to the time of such 
 production, and shall aMow the Inspector to examine the 
 same, and shatl furnish to the Inspector a correct. copy of 
 such plan when requested by the Inspector; 
 
 The owner, agent or manager on or before the first day 
 of April of each year shall • furnish to the Inspector a, 
 correct plan or tracing (not befone furnished) of the- 
 workings up to the first day of January then last past. 
 
 If the owner, agent or manager of any mine fail to 
 keep sueh pian as is prescribed by this section, or wilfully 
 refuses to produce or allow toi be examined sueh plan, or 
 wilfully refuses to furnish such copy, or wilfully withholds- 
 any portion of any plan, or conceals any part of the- 
 workings of his mine, or produces an imperfect or inaccurate 
 plan, unless he shows that he was ignorant of sueh conceal- 
 ment, imperfection or inace-uracy be shall b& guilty of an 
 ofTenee against this Chapter ; and further, the Inspector 
 may by notice in writing (whether a penalty for such 
 offence has or has not been infljicted) require the owner, 
 agent or manager to cause an accurate plan, srach as is 
 prescribed by this section, to be made 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 sueh 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. 
 
 23. The Commissioner may at any time direct the Commtesioner 
 Inspector to make a special report with respect to any "af reports'a^'to 
 accident in a mine, which accident -has cawsed loss of life *"''ient»- 
 
 or personal injury to any person, and in sueh case the 
 Inspector shall have power to summon any person or 
 persons before him, and such persons to examine under oath 
 if necessary, and shall reduce their evidence into writing 
 
124 EEGULATION OF MINES. [PAET I. 
 
 Chap. 8. and have the same signed by them, and the Commissioner 
 ""shall cause such report to be made public at such time and 
 in such manner as he thinks expedient. 
 
 COEONBES. 
 
 Provisions as to 24. With respect to Coroners' inquests on the bodies 
 qaests!'onde3Lths of persons whosc deaths may have been caused by explosions 
 iu?nes°!°°"'™*"° o'" ^<^ci*^6'^ts 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, or a 
 person appointed by the workmen of the colliery 
 at which the accident occurred, shall be at 
 liberty at any such inquest to examine any 
 witness, subject nevertheless to the order of 
 the coroner ; 
 
 (6.) 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 
 of any defect in or about the mine appearing to 
 the coroner or jury to require a remedy, the 
 coroner shall send to the Inspector notice in 
 writing of such neglect or default ; 
 
 (6.) Any person having a personal interest in, or 
 employed in or in the management of the mine 
 in 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 
 qualilied to serve on the jury empannelled ou 
 
TITLE III.] REGULATION OF MINES. 125 
 
 the inquest, or to act as coroner therein ; and Chap. 8. 
 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 jury. 
 
 (7.) If in the opinion of the Inspector it will lead to a 
 more thorough investigation, and will be more 
 conducive to the ends of justice, he may require , 
 the constable or other officer to summon as 
 jurymen not more than three working men 
 employed nt any other colliery than that at 
 which the accident occurred, who shall form 
 part of the jury sworn in such inquest. 
 
 Every person who fails to comply with the provisions 
 of this section shall be guilty of an oflence against this 
 Chapter. 
 
 EITLES. 
 
 Oeneral Rules. 
 
 25. The following general rules shall be observed, so General rules to 
 far as is reasonably practicable, in every mine : mine°s^"'"'* '" 
 
 (1.) An adequate amount of ventilation shall be Ventilation, 
 constantly produced in every mine to dilute and 
 render harmless noxious gases to such an extent 
 that the working places of the shafts, levels, 
 stables, winzes, sumps and Workings of such 
 mine, and the travelling roads to and from such 
 working places, shall be in a fit state for working 
 and passing therein. 
 
 (2.) In every mine in which inflammable gas has been 
 found within the preceding twelve months a 
 competent person or persons who shall be 
 appointed for the purpose shall inspect with a 
 safety lamp that part of the mine being or 
 intended to be worked, and the roadway leading 
 thereto, within five hours of the time of each 
 shift commencing work, and if inflammable gas 
 has been found within the preceding ifhree 
 months, then within three hours of the time of 
 commencing work. 
 
 (3.) In 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 competent 
 person or persons who shall be appointed for 
 the purpose shall, within five hours before time 
 for commencing work in any part of the mine. 
 
126 
 
 HEGlTLATlON Vf StmES. 
 
 '[I'AKT 
 
 'workmen in case 
 •of danger. 
 
 Chap. 8. inspect that part of the mine and the roadways 
 
 ' heading th<3reto,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 su-ch part until the same and the 
 roadways leading thereto are stated to be safe. 
 
 ifencingoi places {^■) All entrances to any plaice in a mine worked fof 
 ■"o*'""™- coal or any stratified deposit not in actual 
 
 course of working and extension shall be 
 properly fenced across the whole width of such 
 •entrance, so as to prevent persons inadvertently 
 entering the same. 
 ;gj^tij,„j_ (5.) A station or stations shall be appointed at the 
 
 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. 
 (6..) If at any time it is found by the person for the time 
 being in charge of the mine or any part thereof 
 that by reason of noxious gases prevailing im 
 such min^e or such part thereof, or of any cause 
 whatever, the mine or the said part is dangerous, 
 every workman shall be withdrawn 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 j 
 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 be kept at the 
 mine for the purpose, and shall be entered by 
 the person making the same. 
 
 Lamps, (7.) In every working approaching any place where 
 there is likely to be an accumulation of explosive 
 gas, no lamp or light other than a locked safety 
 lamp shall be allowed or used^ and whenever 
 
 Safety 
 
 '&C. 
 
TITLL in.] EEGtJLATION OP MINES. 127 
 
 safety lamps are required by this Chapter, or CHAP. 8. 
 
 by the special rules made in pursuance of this " 
 
 Chapter, to be used, a competent person who 
 
 shall be appointed for the purpose shall examine 
 
 every safety lamp immediately before it is 
 
 taken into the workings for use 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 examined and found secure 
 
 and securely locked, and shall not without due 
 
 authority be unlocked ; 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 lucifer match or apparatus 
 
 of any kind for striking a light. 
 
 (8.) Gunpowder or other explosive or inflammable Gunpowder anH 
 substance shall only be used in the mine under-ground as ''''^''"'f' 
 follows : 
 
 (a.) It shall not be stored in the mine. 
 
 (6.) It shall not be taken into the mine, except in a case 
 or canister containing not more than six pounds. 
 
 (c.) A workman shall not have in use at one time in 
 any one place more than one of such cases or 
 canisters. 
 
 (d.) A charge of powder which has missed fire shall 
 not be unrammed ; 
 
 (e.) It shall not be taken into or be in the possession 
 of any person in any mine or district of a mine, 
 and shall not be used except in accordance with 
 the following regulations, during three months 
 after any inflammable gas has been found in 
 any such mine or district of a mine; namely : 
 
 (1.) A competent person who shall be appointed for the 
 purpose shall, immediately before firing the 
 shot, examine the place where it is to be used 
 and the places contiguous thereto, and shall 
 not 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 direction of a competent 
 person who shall be appointed for the purpose ; 
 
 (2.) If such inflammable gas issues 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 
 
128 REGULATION OF MINES. [PART I. 
 
 Chap. 8-. 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. 
 (/•) Where a mine is divided into separate districts in 
 such manner' that each district has an inde- 
 pendent intake and return air-waj' from the 
 main air-course and the main return air-course, 
 the provisions of this rule with respect to 
 gunpowder or other explosive or inflammable 
 substance shall apply to each such district in 
 like manner as if it were a separate mine. 
 
 Water and bore (9-) Where a place is likely to contain a dangerous 
 
 ''°'*^- accumulation of water the working approaching such place 
 
 shall not exceed eight feet in width or height, 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. 
 
 signals and man- (10.) Every underground plane on which persons travel, 
 
 °'°°' which is self-acting or worked by an engine, windlass or 
 
 gin, shall be provided (if exceeding thirty yards in length) 
 
 with some proper means of signalling between the stopping 
 
 places and the ends of the plane, and shall be provided 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 j'ards, 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 spa-ce so as to prevent 
 access thereto. 
 
 Pencins oi old (13.) The top of every shaft which for the time being 
 Bhafta. jg Qy|. qJ ^gg^ Qj. yggj Qj^j^, ^^ ^^ g^ J j. ^jj^ft, shaU bo sccurely 
 
 fenced. 
 
 Poncing of en- (14.) The top and all entrances between the top and 
 
 ranees to Bhafti. jjQjj^Qjjj ^f every Working or pumping shaft shall be 
 
 properly fenced ; but this shall not be taken to forbid the 
 
TITLE III.J REGULATION OF MIXES. 129 
 
 temporary removal of the fence for the purpose of repairs Chap. 8. 
 or other operations if proper precaution.s are used. 
 
 (15.) Where the natural strata are not safe, every securing of 
 working or pumping shaft shall be securely cased, lined, ^'^"'"^" 
 or otherwise made secure. • 
 
 (16.) The roof and sides of everj' travelling road and securing of root 
 working place shall be made secuie, and a person shall not, '^" 
 unless appoint«d for the purpose of exploring or repairing, 
 travel or work in any such travelling road or working 
 place which is not so made secure. 
 
 (17.) In any mine which is usuallv entered by means Competent per- 
 
 nV. ' ,. j^ " 1 .,1 sons shall attend 
 
 01 machinery', a competent person or such ago as prescribed ho-sting macWn- 
 by this Chapter shall be appointed for the purpose of"''' 
 working the machinerj' which is employed in lowering and 
 raising persons therein, and shall attend for such purpose 
 during the whole time that any person is below ground 
 in the mine. 
 
 (18.) Every working .shaft used for the purpose ofsignaiiin? on 
 drawing minerals or for the lowering or raising of persons™''""'^ shafts. 
 shall, if exceeding fifty yards in depth, and not exempted 
 in writing by the Inspector, be provided with guides and 
 some proper means of communicating distinct and definite 
 signals from the bottom of the shaft and from every 
 entrance for the time being in M'ork between the surface 
 and the bottom of the shaft to the surface, and from the 
 surface to the bottom of the shaft and to every entrance 
 for the time being in work between the surface and the 
 bottom of the shaft. 
 
 (19.) A sufficient cover overhead shall be used when cover overhead 
 lowering or raising persons in every working shaft, except "" ***'■ 
 where it is worked bj' a windlass, or w here the person is 
 employed about the pump or some work of repair in the 
 shaft, or where a written exemption is given by the 
 Inspector. 
 
 (20.) A single-linked chain shall not be used for lower- chains, 
 ing or raising persons in any working shaft or place except 
 for the short coupling chaiia attached to the cage or load. 
 
 (21.) There shall be on the drum of every machine supping of rope 
 used for lowering or raising persons such flanges or horns, °" '*™™' 
 and also if the drum be conical, such other appliances as 
 may be sufficient to prevent the rope from slipping. 
 
 (22.) There shall be attached to every machine worked Breait and indi- 
 by steam, water or mechanical power, and used for lowering '^'°'' 
 or raising persons, an adequate break, and also a proper 
 indicator (in addition to any mark on the rope) which 
 shows to the person who works the machine th^ position 
 of the cage or load in the shaft. 
 10 
 
130 REGULATION OF MINES. [PART I. 
 
 Chap. 8. (23.) Every fly-wheel and all exposed and dangerous 
 
 Machinery parts of the machineiy u.sed in or about the mine shall be 
 fenced. ajjd be kept securely fenced. 
 
 Gauges and sate- (24.) Every steam boiler shall be provided with a 
 ere!'''™ °" *'"''" proper steam gauge and water ^auge, 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 be 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 more than twelve persons are ordinarily 
 employed in the mine below ground, sufticient accommoda- 
 tion shall be provided above ground near the principal 
 entrance of the 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. 
 Certain siiafts, (27.) Where One portion of a shaft is used for the 
 how used. 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 person 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, platform, 
 steam gauge, water gauge, safety valve or other appliance 
 or thing provided for any mine in compliance with this 
 Chapter. 
 ohseryance of (29.) Every pcrson shall observe such directions with 
 directions. i-e,spect to Working as may be given to him with a view to 
 comply with this Chapter or the special rules hereinafter 
 provided for. 
 Daily inspection (30.) A Competent person or persons who shall be 
 woXs!'""^'^''"'^^??'^''^''*"'^ ^°^' ^^^ purpose shall, once at least in every 
 tWenty-four hours, examine the state of the external parts 
 of the machinery and the state 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. 
 Employees may r^l .) The persons employed in a mine may from time 
 
 appoint inspeo- > >■ . / , c .^: • i . • ,. i.1, 
 
 tors. to time appoint two or their number to inspect the mine, 
 
'toTLE 111.] KEGtrt'ATlGTSr 'OF HINGES. TSl 
 
 et their own -cost, and the persons so appointed shall be Chap. 8. 
 allowed once at least 'in every misnth, accompanied, if the ^ ~ 
 
 •owner, agent or manager of the mine thinks fit, by 'hims^f 
 •or one-of -tnoTe of 'the 'officers &i ,the mine, to go to every 
 •part of the mine, and to inspect the shafts, levels, planes, 
 working places, return <air-wa3's, venttlating apparatus, old 
 workings -and >maehmeFy, and shall be affbrd-ed hy the 
 -owner, agent and manager and all rpei-sons in the mine 
 ■every facility for the purpose -of such inspection, and shall 
 •make a •tt'feie report of the result of such inspection, and 
 «uch report shall be recorded in a book to be kept at the 
 •mine for trhe purpose, and sbail be signed -by the persons 
 who made the sa*ne. 
 
 Every person who contravenes or does not conip^ witheontt»vei«w-acf 
 •~any of the gen'eral rules in this sedtion shail be guilty of agai'ns" chapter 
 ^n offence against this ChapteC", and in the event of any 
 •contravention -of or rron-compliance with feny of the said 
 ;^eneral rules in the case of any mine b}'' any person whonr- 
 'Sodver being proved, the oVfner, agent and manager shall 
 ■feach be guilty of stn offence lagainst this Chapter, unless he 
 .prove that he had taken all reasonable means by publishing 
 !and to the best df 'his power enforcing the said rules as 
 regulations for the working of the min* 'to ^prevent such 
 •contravention or non-compliafnce. 
 
 •Special Rul'es. 
 
 26. Theown^, agent or manager of ^ny minre may if ^p*™' *«'^ '" 
 5ie think fit transmit to the Inspector for approval by the 
 "Commissioner rules (referred -to in this -Chapter as special 
 rules) for the conduct and guidance of the persons acting 
 in the m^anagementof ^uch -mine or employed in er about 
 the same -as, under the particular state and circumstances 
 of such mine, may appear best calculated to prevent 
 ■dangerous accidents, and to .provide for the safety and 
 proper disciplin-eof the persons employed in or about th-e 
 mine, and such special rules when established shall be 
 signed by -the -Inspector who 'is Inspector at the time such 
 •rules are established, and shall be observed in and about 
 'every such mine in the same manner as if they were 
 enacted in this Chapter. 
 
 If any -person who is bound to observe the special -rules 
 established for any mine acts in contravention of or fails 
 •to comply with any of such special rules, he shall be guilty 
 of an offence against -this Chapter, and also the owner, 
 ■agent and manager of sHch mine shall each be guilty of 
 an offence 'agaanst this Chapter, unless he prove that he 
 iiad taken -ail 'reasonabJe meaas by publishing and to the 
 
132 
 
 BEGULATIOX OF MINES. 
 
 [PAET r. 
 
 How modified^ 
 
 Chap. 8, best of his power enforcing the said rules as regulations 
 '' for the working of the mine to prevent such contravention 
 
 or non-compliance. 
 Special raiea.how 27. The pfoposed Special rules, together with a printed 
 estabMshe* notice Specifying that any objection to such rules on the 
 ground of anything contained therein 9r omitted therefrom, 
 may be sent by any of the persons employed in the mine- 
 to the Inspector at his address stated in such notice, shall, 
 during not less than two weeks before such rules are- 
 transmitted to the Inspector, be posted up in like manner 
 as is provided in this Chapter respecting the publication of 
 special rules for the information of persons emploj'ed in 
 the mine, and a certificate that such rules and notice have 
 been so posted up shall be sent to the Inspector with the- 
 rules signed by the person sending the same. 
 
 If the rules are not objected to by the Commissioner 
 within forty days after their receipt by the Inspector they 
 shall be established. 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 sufficienth' 
 provide for the prevention of dangerous accidents in the 
 mine, or for the safetj' 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 ruleSj 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 
 daj's after the modifications proposed by the Commissioner 
 are received by him object in writing to them, the proposed 
 special rules with such modifications shall be established. 
 
 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- 
 iaissioner 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-Cou'ncil. 
 
 of 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 
 amendment of such rules or any new special rules, and the 
 provisions of this Chapter with respect to the. original 
 special rules shall apply to all such amendments and new 
 
 Amendment 
 special rules.- 
 
-TTTLE IIir| SEGftTLATION OF MINES. 13S 
 
 Tules in like manner, as nearly as may be, as they apply to Chap. 8. 
 the original rules. The Commissioner may from time to 
 time propose in writing to the owner, agent or manager 
 •of a mine in wfaieh 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 ruks, and the provision of this Chapter with 
 respect to a proposal of the Governor-in-Oouncil for 
 anodifying the special rules transmitted by the owner, 
 agent or manager- of a mine shall apply to all such pro- 
 posed -special niJes, new special rule.s, and amendments in like 
 (manner, a-s n-early as may be, as they apply to such proposal. 
 
 30. For the purpose of making known the special rules.^Speciai rules ana 
 if any, and the provisions of this Chapter, applicable to ter pubUshed. 
 •each class of mines as severally defined by the Commissioner, 
 to all pe^rsons employed in and about each mine, an abstract 
 of the Chapter applicable to each mine will be supplied on 
 the application of the owner, agent or manager of the 
 imine by the Commissioner, and which, with an entire copy 
 of the special rules, (if any) shall be published as follows : 
 (1.) The owner, agent or manager of such mine shall 
 -cause such abstract and rules (if any), with the 
 name of the Inspector and the name of the 
 owner, ag^ent or manager appended thereto, to 
 be posted up in legible characters in some 
 ■conspicuoijis place at or near the mine where 
 they may be conveniently read by the per- 
 sons employed; and so often as the same 
 become defaced, obliterated or destroyed, shall 
 cause them to be renewed with all reasonable 
 despatch, 
 (2.) The owner, agent or manager shall supply a 
 • printed copy of the abstract and the special 
 rules (if any) gratis to each persom employed 
 in or about th« mine who applies for such 
 copy at the office at which the persons imme- 
 diately employed by such owner, agent or 
 manager are paid, 
 (3.) Every copy of the special riales shaill be kept 
 di-stinct fro«a any rules which depend only on 
 the contract between the employer and the 
 employecL 
 If atiy owner., agent or manager fail to act in compliance 
 <with this .section, he shall be guilty of an offence against 
 this Chapter-, feut the owner or manager shall not be 
 •deemed guilty if he prove that he has taken all reasonable 
 means, by enforcing the observance of this section, to 
 prevent such non-compliance. 
 
134 regulatjon: oe minbs; fpART a. 
 
 Chap. S, 31. Every pereon who pulls down, inj-ure.s- or defaces. 
 
 Defacing notices, any proposed speoiab rules, notice, abstract or special rules^ 
 
 when posted up, in parsuance of th®- provis^ions of this. 
 
 Chapter with re.spect to special rules, or any notice posted, 
 
 up in pursuance of the special- rales, shall- be guilty of aa 
 
 offence against this Chapter. 
 
 Gertjfled copy of 32. The Inspector shall when required certify a copy; 
 
 T^eviden^ '° which IS shown to his satisfaction to be a fei'ue copy, of any 
 special rules which for the time being are established- 
 under, this Chapter in any mine; and a C9py so eertified* 
 shall be evidence (but not to the exclusion of other proof)> 
 of such special rules, and of the fact that they are duly 
 established under this Chapter, and have beea signed by 
 the Inspector. 
 
 P.ENALTJlEgi. 
 
 ©ther employees 33. Everv per.son employed in or ajboui a mine others 
 
 liable same as,, ^ '- , ^ "^ i . m, p 
 
 owners, &c. than an owner, agent or manager, who is guilty oi any 
 act or omission which in the case of an owneE, agent or 
 manager would be an offence against this Chapter,, shall be- 
 deemed to be guilty of an offence against this Chapter. 
 
 Penalty for of- 34, Eveivpeison who is guilty of an offence against. 
 
 this Chapter.'"^ this Chapter shall be liable to a penalty not exceeding, it 
 he is an owner,, agent or manager, eighty dollars, and if he 
 is any other person eight dollars for each offence ;: and if" 
 the Ijispeetor has given written notice of any such offence,, 
 to a further penalty not exceeding live dollars foe every- 
 day after such no|;ice that such offenee continues to be- 
 committed.. 
 
 Penalties tor of- Everv person who may be guilty ©f a violation of any- 
 
 section 10 of regulation made and published by the Board of Examiners. 
 
 chap.6, ofi88i. g^ppQj^^g^j under the authority of section 8, Chapter, 7, of 
 the Revised Statutes, " Of Mines and Minerals," shall', for- 
 every day such violation shall continue, incur the* penalties- 
 mentioned in the preceding part of this section. 
 
 In certain cases 35'. iSfo prosecution Or Other proceeding shall be insti- 
 
 uwner, &c., not , , j ■ 1_ ,■, .'^ *■„., 
 
 liable to prosecu-tu ted against the owner,, agent or manager of a nune 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- 
 Coramissioner ; and in ca.se 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- commissioa 
 thereof, the Inspector shall not institute any prosecution 
 against such pwner,. ageat or manager, if satisfied that he 
 had taken such reasonable means as aforesaid. 
 Penalties, &c., re- 36. A.11 penalties Under this Chapter, and all moneys 
 oMnsRector"™^ a-nd C(^.-its 'by this Chapter directed to be recovered as 
 penalties,, ma.y be sued for aad recovered, in thje,- name oS 
 
TITLE III] REGULATION OF MINES. 135 
 
 the Inspector in the same manner and in the same courts Chap. 8. 
 of law in which ordinary private debts of a lilie amount 
 are sued for and recovered. 
 
 37. Any complaint or suit made or brought in pursuance Proceedings 
 of this Chapter shall be made or brought within six months months?" 
 from the time when the matter of such complaint or 
 
 suit came to the knowledge of the prosecutor. 
 
 38. The owner, agent or manager may if he think fit owner, &c., can 
 
 1 1 •! T. ., .,1 be witness. 
 
 be sworn and examined as an ordinary witness in the case 
 where he is charged in respect of a contravention or non- 
 compliance by another person. 
 
 39. Where a penalty is imposed under this Chapter f or ^ppJI^^'J™ °' 
 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 explosion, 
 accident or offence, or among some of them. 
 
 Provided that such persons did not in his opinion 
 occasion or contribute to occasion the explosion or accident, 
 and did not commit and were not parties to committing the 
 offence. 
 
 Save as aforesaid, all penalties imposed in pursuance of 
 this Chapter shall be paid on receipt of the same into the 
 Provincial Treasury. 
 
 MANAGERS, OVEBMEH, AND BOARD Or EXAMINERS. 
 
 40. Every coal mine to which this Chapter applies shall, Manager. 
 after the first of January, 1885, be under the control and 
 supervision of a manager, and the owner or agent of every 
 
 such mine shall nominate himself or some other person to 
 be the manager of such mine, and shall send written notice 
 to the Commissioner of the name and address of such 
 manager. 
 
 41. The underground workings of every coal mine to underground 
 which this Chapter applies shall be under the daily charge of "vermin. ™'' 
 an underground manager and overman holding certificates 
 
 under this Chapter. 
 
 42. A person shall not be qualified to be a manager, Must iioid cer- 
 underground manager or overman unless he be the holder ''^''''*°' 
 
 of a certificate under this Chapter. 
 
 43. If any coal mine to which this Chapter applies is offences, 
 worked for more than fourteen days without there being 
 such a manager, undei'ground manager or overman as is 
 required by this Chapter, the owner and agent of such mine 
 shall each be guilty of an offence against this Chapter. 
 
136 REGULATION OF MINES. [PAET I. 
 
 Chap. 8. Provided that the owner of such mine shall not be 
 
 Proviso. guilty of an offence again.st this Chapter if he proves that he 
 
 had taken all means by the enforcement of this section to 
 prevent the mine being worked in contravention thereof. 
 In certain cases If for any reasonable cause there is for the time being 
 manager may be no manager of a mine qualified as required by this section, 
 appointed nmna-j^^g owner or agent of such mine may appoint any person 
 holding a certificate as underground manager under this 
 Chapter tobe manager for a period notexceeding two months, 
 or such longer period as may elapse before such person has 
 an opportunity of obtaining by examination a certificate as 
 manager under this Chapter, and shall send to the Commis- 
 sioner a written notice of the name and address of such 
 manager, and of the reason of his appointment. 
 
 Exemptions. 44. A mine in which less than thirty persons are 
 
 generally employed underground, or of which the average 
 daily output does not exceed twenty-five tons, shall be 
 exempt from the provisions of this Chapter so far as relates to 
 the appointment of a manager, unless the Inspector, by 
 notice in writing served on the owner or agent, requires the 
 same to be under the control of a manager ; but the 
 operations below ground shall be under the charge of 
 persons holding certificates as underground managers and 
 overmen under this Chapter. 
 
 Certificates issu- 45. AH ceitificates for managers, Underground managers 
 sioner^ ommis ^^^ overmen shall be issued by ihe Commissioner upon the 
 report of the Board of Examiners appointed under the 
 provisions of the law of Mines and Minerals. 
 
 Board of Exam i- 46. The Board of Examiners shall draw up rules for 
 Ss'to'conduS '^'^® guidance of their proceedings, and shall conduct 
 exam'inations, examinations for granting certificates of competency under 
 this Chapter, and may from time to time make, alter and 
 revoke rules for the conduct of such examinations and for 
 determining the qualifications of applicants ; so, however, 
 that in every such examination regard shall be had to 
 such knowledge as is necessary for the practical working of 
 coal mines in this Province, and for the determination of 
 the qualifications of applicants for certificates of service as 
 underground managers and overmen, and for the determina- 
 tion of the eligibility of holders of certificates of competency 
 or service granted by an English Seci^etary of State or by 
 any foreign governnrent to receive equivalent certificates 
 under this Chapter, and shall from time to time report to the 
 Commissioner the names of the persons qualified to receive 
 certificates, and shall do such other things as are necessary 
 for the proper discharge of their duties under this Act ; 
 and the Governor-in-Council shall have power at any time 
 
TITLE III.J EEGULATION OF MINES 137 
 
 to alter and revoke any rules made by the Board of Chap. 8. 
 Examiners. 
 
 47. The fees and travelling expenses to be paid to the Fees of exami- 
 Board of Examiners, and the fees to be paid by applicants cants. 
 
 for certificates, shall be determined by the Governor-in- 
 Council. 
 
 48. A register of the holders of certificates under this JJg^f// "^ °^''" 
 Chapter shall be kept at the ofHce of the Commissioner by 
 
 such person and in such manner as he may from time to 
 time direct. 
 
 49. Certificates of service as manager for the purposes of OertiBoates of 
 this Chapter may in the discretion of the Commissioner be 
 
 issued by him to every person who satisfies the Board of 
 Examiners that he has at any time within five years before 
 the passing of this Chapter for a period not less than two 
 years acted in the capacity of a manager of a coal mine. 
 
 50. Persons holding certificates of service or competency Foreign eertifl- 
 
 it/ pntpc 
 
 granted by an English Secretary of State, or certificates of 
 similar tenor granted by similar authority in any other 
 country, may apply for corresponding certificates under 
 this Chapter, and such certificates shall be granted by the 
 Commissioner upon the recommendation of the Board of 
 Examiners. 
 
 •31. A certificate of service shall have the same effect C"'^'" ."^t"'^" 
 
 1 n. /■ T'T. 11-1 i» eates, effect of. 
 
 m the colliery tor which it was granted tor the purposes or 
 this Chapter as a certificate of competency granted under 
 this Chapter. 
 
 52. If at any time representation is made to the ^^SmTnaffer, 
 Commissioner bv the Inspector or any other person that&c., for incom- 
 
 "', r "^ 1 1 T petency, &c. 
 
 any manager, underground manager or overman holding a 
 certificate under this Chapter is by reason of incompetency 
 or gross negligence unfit to discharge his dutj', or has been 
 convicted of an offence against this Chapter, the Commis- 
 sioner may if he think fit enquire into the conduct of such 
 manager, underground manager or overman : and with 
 respect to such enquiry the following provisions shall have 
 effect : 
 
 (a.) The enquiry shall be public, and shall be held at pu^,"^Tndwhere 
 such place as the Commissioner may direct. held. ' 
 
 (6.) The Commissioner shall before the commencement ^^^*™™*g o'^^, 
 of the enquiry furnish the person into whose conduct the nished to person 
 enquiry is to be made with a statement. of the case upon 
 which the enquiry is instituted. 
 
 (c.) The person into whose conduct the enquiry is to Person accused 
 be held may attend the enquiry by himself, his attorney or Mmseif, his at- 
 agent, and may if he think fit be sworn and examined as and"''''may'^^^"be 
 an ordinary witness in the case. witness. 
 
188 REGULATION OF MINES. [PART I. 
 
 Chap. 8. (d.) The Commissioner shall have power to cancel 
 
 Power of Com. 01" suspend the certificate of the person into whose conduct 
 
 missioner. (;}ig enquiry has been made if he find that he is by reason 
 
 of incompetency or gross negligence, or of his having been 
 
 convicted of an offence against this Chapter, unfit to 
 
 discharge his duty. 
 
 Commiasioner (e.) The Commis.sioner may if he think fit require the 
 
 "n'^'accused^'to person iuto whose conduct the enquiry is to be made to 
 cStiflcate"'' '"'^ deliver up his certificate, and if such person fail without 
 sufficient cause to the satisfaction of the Commissioner to 
 comply with such requisition, he shall be guilty of an 
 offence against this Chapter. The Commissioner shall hold 
 the certificate so delivered up until the conclusion of the 
 enquiry, and shall then either restore, cancel or suspend 
 the same according to his judgment in the case. 
 
 Commissioner (/•) The Commissioner may also by summons under 
 
 witnesses?™™"" ^'^ ^^"'^'^ '"®1"^^'^ *^® attendance of all such persons as he 
 thinks fit to call before him and examine for the purpose 
 of the enquiry, and every person so summoned shall be 
 allowed such expenses as would be allowed to a witness 
 attending on a subpcena before a court of record. 
 
 Coflts. (g.) The CommissionSr maj' make such order as he 
 
 thinks fit respecting the costs and expenses of the enquiry, 
 and such order shall on the application of any party entitled 
 to the benefit of the same, be enforced by any court of 
 summary jurisdiction as if such costs and expenses were a 
 penalty imposed by such court. 
 
 Cancellation or (^O When a Certificate is cancelled or suspended in 
 certiftcate"to be P^fsuance of this Chapter, the Commissioner shall cause suoh 
 lecordea. cancellation or suspension to be recorded in the register of 
 
 holders of certificates. 
 
 Certificate may 53. The Commissioner may at any time if it is shown 
 be restored. ^^ j^jj^ ^^ ^^ j^^j. g^ ^^ ^^^ renew or restore on such terms 
 
 as he thinks fit any certificate which has been cancelled or 
 suspended in pursuance of this Chapter. 
 
 Lossofceriifloate 54. Whenever any person proves to the satisfaction of 
 the Commissioner that he has, without fault on his part, lost 
 or been deprived of any certificate previously granted to 
 him under this Chapter, the Commissioner shall cause a copy 
 of the certificate to which the applicant appears by the 
 register to be entitled to be made out and certified by the 
 person who keeps the register and delivered to the applicant ; 
 and every copy which purports to be so made and certified 
 as aforesaid shall have all the effect of the original 
 certificate. 
 
TITLE III.] SEGULATION OF MINES. 18S> 
 
 MISCBLEANEOUS. . 
 
 55. In the working of coal and other minerals in Regulations aa 
 
 1 . to wcorkintr sub-- 
 
 submaiine areas ^ marine weas. 
 
 (1.) No puhmarine seam of coal or stratified deposit of 
 other mineral shall be wrought under a less 
 cover than one hundred and eighty feet of solid 
 measures : Provided that the owner or lessee 
 of any such area may drive passage-ways, to. 
 win the mineral to be wrought, under a less 
 cover than one hundred and eighty feet, but 
 not under less than one hundred feet of solid 
 measures ; 
 
 (2.) A barrier of the mineral wrought of not less than 
 fifty yards, twenty-five yards on both sides of 
 the boundary lines of every lease, shall be left 
 unwrought between the workings of every 
 submarine seam ; 
 
 (3.) Where there is less than five hundred feet of solid 
 measures overlying the seam or stratified deposit 
 wrought, the workings of every such submarine 
 area shall be laid off 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 shalj 
 not be pierced by more than three passage waj's 
 having a sectional area not greater than six 
 feet by six feet ; 
 
 (4.) No district shall have its length when parallel to 
 the general trend of the adjoining shore greater 
 than one mile. 
 
 ' (5.) A proposed system of working the nnineral in each 
 submarine area shall before work is commenced 
 be submitted to and approved of by th^ 
 Inspector ; and no change shall be made in such 
 approved system without, the written sanction 
 of the Inspector. 
 
 The opening of a new level or lift in a mine already 
 working in a submarine area shall be deemed 
 the commencement of a new winning in the 
 meaning of this clause. 
 
 The owner, agent or manager of every mine to which pe„aitfes. 
 this section applies, who transgresses or fails to comply 
 ■with any provision of this section shall each be liable to a. 
 
140 REGULATION OF MINES. [PART I. 
 
 Chap. 8. 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 such 
 owner, agent or manager of any such offence having been 
 committed, the Supreme Court or a judge thereof, whether 
 any other proceedings have or have not been taken, may 
 upon application by the Attorney-General prohibit by 
 injunction the working of sucVi mine. 
 
 Minerals to be 56. AH 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 shall 
 make a true report to the office at the mine of the 
 weighings 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 average 
 Proviso. 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 fails 
 to comply with the provisions of this section shall be 
 guilty of an offence against this Chapter. 
 
 Notices served 57. All noticcs Under this Chapter shall be in writing 
 post°°*"^ °^ ^^ ^^ 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. 
 
 Continuance of 58. The spccial rules which are in force in any mine 
 rules!"" ^'^^ under the sanction of an Inspector appointed 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. 
 
title iii.] regulation of mines. 141 
 
 Chap. 8. 
 
 SCHEDTJIjE. 
 
 FORM OF NOTICE OF EXPLOSION OR ACCIDENT TO BE SENT 
 TO THE DEPARTMENT OF MINES. 
 
 Name of Mine 
 
 Date 
 
 To the Honorable the Commissioner of Public Works and 
 Mines, Halifax, N. S. ; 
 
 Sir, — In pursuance of Chapter 8 of the Revised 
 Statutes " Of the Regulation of Mines," I beg to give you 
 
 notice that an W has occurred at this mine, of 
 
 ■which the following are the particulars ; 
 
 Place where the accident occurred 
 
 Date of the accident , 
 
 Character of the accident 
 
 If from explosion, whether of gas, powder, or 1 
 
 any steam boiler j 
 
 Number, ages and names of persons killed 
 
 Number and names of persons ) 
 
 injured seriously ) 
 
 Number and names of persons ) 
 
 injured slightly ^^^ | 
 
 Number and relation of persons dependent on persons 
 killed. 
 
 I am, Sir, 
 
 Your obedient servant, 
 
 (Signature.) 
 
 (1) "Explosioii" or "AccideiiK"' 
 (^) in Qase o£ any sxplostoik 
 
142 CROWN LAlsrDS. iPX&f t. 
 
 Chap. Q. _ 
 
 CHAPTER 9. 
 
 OF THE CROWN SiANDS. 
 
 ■commissioMer. 1- Tlie Attorney-General fof the time being shali 
 
 perform the duties of Commissioner of Crown Lands. 
 
 Appointment of 2. The Oovernor-in'Council, upon the recommendation 
 
 deputy surveys q£ ^jjg Attorney-General, may appoint one or more deputy 
 
 surveyors in each county for the petformance of such 
 
 duties as may be required under the orders issued from the 
 
 department. Every such deputy shall upon his appointment 
 
 feond. execute a bond to the Attorney-General with two sureties 
 
 for the faithful discharge of the duties of his office, and 
 
 shall thereupon receive a commission in the customary 
 
 form to be approved by the Governor-in-Council. Dominion 
 
 bominion land land .survcyors may be appointed by the Governor-in^ 
 
 he"^'appoiS Council to be Deputy Crown Land Surveyors within the 
 
 ■deputies. Province of Nova Scotia, without subjecting such surveyors 
 
 to an examination, except as to their knowledge of the 
 
 laws of the Province relating to the crown lands and their 
 
 surveys. 
 
 beputy to re- 3. Each deputy appointed under this Chapter shall be 
 
 mil ^"county supplied with a copy of the general plan of the county to 
 
 ipian. 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 documents to be held as the 
 
 ptoperty of the Piovincc, and to be transferred to his 
 
 successor in office whenever appointed. 
 
 peputy to give 4. Such deputy shall give all necessary information to 
 
 information. 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 : 
 
 iFees. Each Search twenty cents. 
 
 Copy of plan with necessary connection fifty cents, and 
 larger plans as may be agreed upon. 
 Instructions, 5. lustructions shall be furnished each deputy by the 
 
 Attorney-General for his guidance in the discharge of his 
 duties. 
 
 Deputies to ren- 6. Every deputy surveyor at the expiration of each 
 
 accounts""'^'^'^ qu^'tei" 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 
 
 following form :^- 
 
6 
 
 TITLE III.] CROWN LANDS. 143 
 
 I, ^^ — — , Deputy Surveyor for the County of ' — , Chap. 9. 
 
 do swear that the several lots of land described in the Affidavit ^ 
 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—. l 
 
 , J. P. ) 
 
 7. Subject to the provisions hereinafter contained, any Purohase, ho\* 
 person upon due application to the Attorney-General may™ 
 become the purchaser of such crown lands as may be for 
 
 .sale upon making immediate payment therefor to the 
 Treasurer, and upon the passage of the grant thereof shall 
 be entitled to enter into possession, and not before, unless 
 under authority in writing from the Attorney-General upon 
 his report being approved. 
 . In case any dispute arises in reference to the appli' Pfo'^^J'""' '" 
 
 .' ^ , j«i ^' ^• II ^^^^ ^ dispute 
 
 cation, purchase or granting or of the validity ot any in roference to 
 grant of crown land under this section, it is hereby ^^^ ™i.f^oi 
 declared to be competent for the Attorney -General of °^'"'" ^*'"*^- 
 the Province, upon such terms as to security or otherwise 
 as he shall see fit to impose, upon request of the party 
 aggrieved, and on his relation, to file an information 
 in the Supreme Court, setting out .shortly the matter of 
 complaint, and a summons shall thereupon issue, and 
 proceedings shall be thereupon had as in an ordinary suit 
 in equity for the purpose of determining the true rights of 
 the parties with reference to .such application, purchase or 
 grant. And the said Supreme Court is hereby declared to 
 have jurisdiction to entertain the same and to adjust the 
 true rights of the parties. 
 
 The consent of the Attorney-General for the time being ^'g^„'j'//"'"^"^y' 
 shall be expressed by indorsement of his iiat on the original 
 information. In the cases where the fiat of the Attorney- 
 General has not been indorsed on the original process 
 prior to the issue of the information in any case, such 
 neglect shall not be a fatal objection to the prosecution of 
 of the suit, but upon such fiat being indorsed on the 
 original information the suit shall proceed as in other cases. 
 
 8. If at the time of any application for land there was When grants 
 
 n. , ,111. 1-1 1.1 may be declared 
 
 any dwelling house on the land in which any person other void. 
 than the applicant then and for a year previously had 
 continually resided, or in case five acres at least of the 
 land had been cleared or cultivated during such person's 
 actual possession and had been for at least one year in hia 
 constant use, then unless such facts shall have been 
 communicated to the Attorney-General before the passing 
 
144 CROWN LANDS. [PART I. 
 
 Chap. 9. of the grant, the Governor-in-Council at any time within 
 "^ two years from the passing thereof may, if it shall appear 
 
 proper so to do upon the report of the Attorney-General 
 setting forth the facts, declare the grant to be vacated, and 
 the same shall thereupon become void, and the grantee 
 shall thereupon cease to have any interest in such land, 
 which may be granted to any applicant as if it had never 
 been previously granted. 
 
 Governor-in- 9. It shall be in the discretion of the Governor-in- 
 
 dde"que3Mons''of Council to decide upon all questions of the temporary 
 
 occupancy. occupation of crown lands for a shorter period than in the 
 
 eighth clause; and the decision shall be binding on all 
 
 parties who claim such possession upon their being notified 
 
 previously to such decision in time to enable them to 
 
 assert their claims. 
 
 chainmen sworn 10. All Surveyors appointed by the Attorney' General 
 
 as his deputies shall administer oaths to the chainmen 
 
 before they proceed upon any survey, that they will weJl 
 
 and truly perform the service according to the best of 
 
 their skill and judgment under the directions they shall 
 
 receive from such deputy surveyors. 
 
 Surveyor in trac- 11. Any deputy surveyor when engaged in the duties 
 Une, &c.Tma/go of his profession may pass over, measure along, trace and 
 on private lands, a^gggj-fa^jf^ the bearing of any township line or the line of 
 any grant or other governing or side line, and for such 
 purposes with his assistants may pass over the lands of any 
 person whomsoever, doing no actual damage to such lands; 
 and no action shall lie against such surveyor or his 
 assistants for any act done under this section. 
 
 Application for 12. When application is made for crown lands for 
 i*?imberhig"*pu"r-^"™b6ring Or other purposes than for settlement, the 
 poses. Attorney General shall cause an accurate survey to be 
 
 Lots reserved for made of the tract applied for; and all lots reported fit 
 asricu me. j^^. ggj^tigjngnj; shall be marked on the plan or surve}' and 
 reserved for agricultural improvement. 
 
 Price of Crown 13. The price of all crown lands shall be, except as 
 "" ''■ in this Chapter otherwise provided, forty dollars per 
 
 hundred acres, and twenty dollars for a quantity of fifty 
 acres or less whether the land is applied for for agricultural 
 or lumbering purposes, except in cases where it shall be 
 made to appear to the satisfaction of the Governor-in- 
 
 pJSctiVe^ianda Council that lauds applied for are waste, unproductive, or 
 covered with water, and that the applicant is prepared to 
 expend money and labor in the draining, dyking and 
 improvement of the same, in which case it shall be lawful 
 to make a grant or lease of the same to the applicant on 
 such terms as to the Governor-in-Council shall seem right 
 
TITLE III.] CROWN LANDS. 145 
 
 provided that in all such cases- the expenses of the survey Chap. 9. 
 shall be boi-ne by the applicant. 
 
 14. The price of crown lands which have been Price of im- 
 improved and occupied for five years and upwards before £™ ds*^ *^"'™ 
 the 10th day March, A. D. 1882, shall be twenty dollars 
 
 for each hundred acres, or for each tract of less than one 
 hundred acres, provided that no grant or grants shall be 
 made to any one person at such reduced rate of a greater 
 quantity of land than fifty acres in the whole, unless his 
 improvements so made five years and upwards before the 
 date aforesaid include the erection of a dwelling house, 
 and unless at the time of the grant issuing to him he 
 shall be residing on the land applied for and granted; and 
 that no grant made under the provisions of this section 
 shall exceed in extent one hundred acres. 
 
 15. It shall not be lawful to grant to any one person, Extent ot grants 
 partnership or corporation more than two thousand acres p''urpose™'""™^ 
 of crown lands for lumbering purposes as aforesaid, 
 
 unless it be made to appear to the satisfaction of the 
 Governor-in-Council that a greater area is necessary for the 
 prosecution of the lumbering business, in which case the 
 Governor-in-Council may by minute approve of the granting 
 of a larger quantity than two thousand acres. 
 
 16. No grant of crown lands for agricultural purposes Affidavit requir- 
 shall- be made unless the application therefor shall betion."" ^pp""*" 
 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. 
 
 17. The lots so reserved for settlement and improve- Land to he sub- 
 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. 
 
 IS. The Attorney General with the sanction of the Roads may be 
 Governor-in-Gouneil 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 may 
 be allowed to pay part of the price of such lands in labour Road- work in 
 on the opening and making of such roads under suchfa'S^d.''*'''"™' °' 
 inspection and supervision as the Governor-in-Council shall 
 direct. 
 
 19. Persons in possession of crown lands for any term orantsto persons 
 less than sixty years may be required to pay for the same, ihanSj'°yeirs! 
 and take 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 Attorney General may inquire 
 into the respective claims, and make an arrangement of 
 11 
 
146 CEOWN LANDS, [PAET 1, 
 
 Chap. 9. the same with the approval of the Governor-in-Council, 
 and decide to whom and under what condition grants shall 
 pass ; and if the persons in possession refuse or neglect to 
 comply with such conditions and arrangeinents after 
 receiving due notice thereof, they may be ejected at the 
 suit of the Queen by the ordinary process of ejectment, as 
 provided by the Practice of the Supreme Court for the 
 time being in civil actions for the recovery of the possession 
 of lands. 
 Penalty for cot- 20. If any grantee of such land so granted as aforesaid 
 granted tends!'" for lumbering purposes, or his assigns, shall cut down or 
 cause to be cut down any trees growing on other ungranted 
 lands in the vicinity of such land so granted to him, or 
 shall purchase or receive any trees, timber, spars or logs 
 cut on such ungranted lands by other persons knowing the 
 same to have been cut on such ungranted lands, he shall on 
 summary conviction thereof before a justice of the peace, 
 according to the amount of the penalty claimed, forfeit 
 and pay for each of such trees, logs, spars or pieces of 
 timber not less than two dollars nor more than forty 
 dollars. 
 Attomey-Gener- 21. In all cascs where there remain balances due upon 
 parties'' who°o've petitions of applicants for crown lands approved by the ' 
 wilhirthree"^^ Govemor-in-Council, it shall be the duty of the Attorney- 
 months. General to notify the respective parties that unless within 
 three months after notice served upon them they respec- 
 tively pay the balances due by them their interest in such 
 ney'^GenCTalmayl^^*!* shall forthwith ccase, and the same may be disposed, 
 dispose of lands, of by the Attorney- General at public auction or private 
 sale to the highest bidder, and out of the proceeds the 
 balances due shall be deducted and the residue paid to the 
 original applicants. 
 Attomey-Gener- 22. The Attomey-Gcneral may give three months' 
 month3^'™noiice noticc to quit and deliver up possession of any lot or piece 
 to quit. Qf ungranted. land to any person in possession thereof or 
 
 claiming any right or interest therein. 
 It possession is 23. If at the expiration of that time such possession 
 
 not given up n , . i ji j i -n . . 
 
 party may be DC uot givcu up and the party still remain in possession, 
 arrested. j^ gj^g^jj j^g lawful for the Attorney-General or any county 
 
 surveyor to obtain a warrant from any justices of the peace 
 to arrest the party upon whom such notice was served, 
 upon oath being made of the service of such notice, and 
 that such party still remains in possession or claims title 
 to or an interest in the lands referred to in such notice. 
 Party BO arrested 24. The party shall be arrested bv any sheriff or 
 
 may be commit- ,ii ii i .•'n"', 
 
 ed to jail until constable Under such warrant and committed to the county 
 ^vln'upSr bond or district jail, there to remain until such possession be 
 given. given up or until the party shall have entered into a bond 
 
'MTL'E III.]] 'CRtWN 'T.AUUS. 147 
 
 ^vith tHvo sufficient sureties to ;pay the 'costs 'of -aCBAP. 'Q. 
 J)roseeution in case a judgment sItouM be given in faVorof 
 such prosecution. 
 
 25. Wiiem -any ^ach bond shall have been entered into when bond siven 
 •the case shall be ti-ied in a summaiy waj' in the Supreme summary way.'" 
 •Court. 
 
 S'fi. On 4be trial thereof the title of the Crown shall Title of crown 
 toot be eontested, but the defendant shall be at liberty toSd""* ''°"'"" 
 iprdve m defence either that he or those under whom he 
 ■claimed to hold possession has or have ■derived title from 
 4;he 'Crown, of the laixls in question, or that be was in 
 |)ossession of the whole of ihe lands in dispute for at least 
 twenty years. 
 
 27. The court shall, if iudgtnent be gix-en in favor of court may order 
 
 -ti -I* 1 -i^iiiTji IT 1 possession to be 
 
 the pro.secution, order possession oi the land tofce delivered |iven fey sheriff. 
 hj the sheriff to the county surveyor on behalf of the Crown. 
 
 28. The court shall also award to the successful J)arty Costs. 
 the costs as in .summary cases, with such further costs as may 
 
 he reasonable and as may be taxed and allowed by a judge. 
 
 29. Nothing herein contained shall be construed to Previous reme- 
 affect or abridge afiy other Iqgal refnedy for obtaining bjfth'ifch^pte^r'^ 
 (possession of crown lands. 
 
 30. The bond mentioned in sections 24 and 25 shall be Bond, how to be 
 made to Her Majesty the Queen and shall be in the form "n. "" ^™ 
 of schedule A, and the same shall be sued on by the 
 •Attorney-General who shall be in office at the time the 
 
 same is forfeited, or his successor for the time being. 
 
 31. As soon as the bond is executed the cause shall be Eeguiatmg trial 
 placed on the docket of the Supreme Court, and shall be "' "'^"^*' 
 tried at the next sittings or term thereof in the county 
 
 where the lands lie, and no notice of trial shall be necessary. 
 
 32. When the couit have given judgment a record, as Jadgment. 
 an schedule B, shall be made and filed, and a copy registered 
 
 3n the office of the Comcnissioner of Crown Lands ; and the 
 •court shall grant a writ of possession, the form of which 
 shall be as in schedule C. 
 
 33. Certain portions of the lands in the County of certsin lands 
 Shelbuine purchased by the "Government for the use of * v'c'SedIn ''the 
 Icelandic immigi?ants, and assigned to such immigrants,^J^"^^^«. *,^" 
 who have failed to perform the conditions upo-n which such lipids, 
 lands were assigned to them or who have deserted such 
 
 •lands, and also certain lands in various ^proclaimed gold 
 districts throughout the Province which were revested in 
 the Crown for gold mining puiposes, for which purposes 
 they are no longer required, are hereby vested in the 
 Crown, to be disposed of as are crown lands, at such 
 ^prices, however, as to the Governor-in-Council shall seem 
 reasonable, reserving the rights of present or future lessees 
 of mining «,reas therein. 
 
148 crown lands. [paet t, 
 
 Chap. 9. 
 
 SCHEDULES. 
 
 Know all men By tBese presents- thai we, A. K, of 
 
 C. D., of — " — , and E. F., of , are held and firmly bound 
 
 to Her Majesty the Queen, her heirs, successors and assigns,, 
 in the sum of three hundred dollars, fo? which sum to be 
 paid to the said G. H., and his successors in office we bind 
 ourselves and eacb of us himself, aur and each of our heirs, 
 executors and administrat&rs firmly by these presents, sealed 
 with our seals and dated the day of , A.. D. 18 — .• 
 
 Whereas the above bounden A. K has- been proceeded 
 against under the provisions of Chapter 9 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 custody 
 on giving a bond with sureties under Section twenty-four 
 of such Chapter, and the said C. D. and E. F. have agreed 
 to become his sureties ; 
 
 Now the condition of the foregoing obligation is such 
 that if the said A. B. shall well and truly pay all costs of 
 the prosecution that he may be adjudged to pay under the 
 provisions of the said Chapter, then these presents are to- 
 be void, otherwise to remain in full- force and virtue: 
 
 Signed, sealed and delivered Y 
 in presence of V 
 
 A. B. 
 
 [L. S.], 
 
 CD. 
 
 L. S. , 
 
 E.F. 
 
 J- s.'. 
 
 B. — Rec©rdr 
 
 In the Supreme Court at - — < — ,- on- the 
 
 day of — , A. D. 18—. 
 
 Our Sovereign Lady the Queen took proceedings under 
 Chapter 9 of the Eevised Statutes, " Of the Crown Lands," 
 against A. B, for withholding possession of a certain lot of 
 
 land situate, lying and being at , in the County of 
 
 , and described as follows :• that is. to say — 
 
 And the said A. B. appeared and def eBided' the possession. 
 Therefore it is considered that our Sovereign Lady the 
 Queen do recover possession of the premises above 
 mentioned, with the appurtenances,, and also- $— for her 
 costs of suit. 
 
TITLE in.] CROWN LANDS. 149 
 
 C. Chap. 10. 
 
 In the Supreme Court at , 18 — . 
 
 SS. Victoria, by the Grace of God, &c. 
 
 To the Sheriff" of , or his Deputy : 
 
 Greeting : 
 
 Whereas certain proceedings were taken in the Supreme 
 
 Court at against A. B. for withholding the possession 
 
 of a certain lot of Crown Land situate at , described 
 
 as follows : (description), and the said A. B. was convicted 
 of wrongfully holding the same against the true intent and 
 meaning of Chapter 9 of the Revised Statutes, " Of the 
 Crown Lands," and it was considered that our Sovereign 
 Lady the Queen should recover the possession of the said 
 lot of land from the said A. B., and that the said A. B. 
 
 should pay to our said Lady the Queen the sum of 
 
 for costs of prosecution : 
 
 Therefore we command you, without delay, to cause 
 our said Lady the Queen to have the possession in the said 
 lot of land with the appurtenances ; and we also command 
 you that you cause to be levied of the goods and chattels 
 
 of 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 
 according to law. 
 
 Issued the day of , A. D. 18 — . 
 
 L. M., Attorney of Plaintiff; 
 
 -, Prothonotary. 
 
 OHAPTEE 10. 
 
 OF TRESPASSES TO CROWN PROPERTY. 
 
 1. No person shall cut down or remove any trees orNo person to 
 wood of any description on any crown lands, or open any |^*„e™^c.', wFth" 
 mine or dig or raise any minerals belonging to the Crown, """'"'"s^' 
 or remove, use, injure or destroy any trees, wood, lumber 
 or minerals, being Crown property, without license from 
 the Governor or other legal authority, u^der the penalty of Pemity. 
 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, 
 
150 
 
 TRESPASSES TO CROWN PROPERTY. [PART I. 
 
 Chap. 10. 
 
 Prosecution, how 
 conducted, &c. 
 
 Sheriffs, chief 
 survej'ors, &c., 
 empowered to 
 protect Crown 
 property. 
 
 Their duties, 
 powers, &c. 
 
 Proceedings 
 after seizure. 
 
 Proceedings 
 when parties 
 concerned in 
 trespass are 
 Itnown. 
 
 Proceedings 
 when parties 
 are not known. 
 
 raised or removed, and in addition to any damages 
 committed on the land of the Crown — the amount of which 
 value and damages shall be found by the jury. The 
 prosecution may be in the name of the Queen, and on 
 conviction the court shall determine the amount of penalty, 
 and judgment shall pass for such penalty and also for the 
 value and damages aforesaid and costs of suit. 
 
 2. The sherifT 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 
 vigilantly to protect the lands, timber and minerals 
 belonging to the Crown in their respective counties, and to 
 prevent encroachments and trespasses on the lands and 
 mines of the Crown and the unlawful removal of trees, 
 timber, lumber and minerals of the Crown. 
 
 3. It shall be their duty respectively to seize trees and 
 wood illegally cut and the lumber made thereout and 
 minerals illegally raised on the lands of the Crown in their 
 respective counties wherever the same may be found, and 
 also to follow and seize the same in any other county to 
 which 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 illegally raised in any other county and removed 
 into their said counties ; and they shall have power to use 
 all suitable and necessary means for guarding the same 
 until condemnation, and to authorize persons to act in 
 a,ssistance of and under them. 
 
 4. Immediately after seizure the seizing officer shall 
 report the facts to the Attorney-General, and shall obey 
 his instructions as to further proceedings. 
 
 5. If any one or more of the parties concerned in 
 cutting or raising or in i-emoving or having in possession 
 the property seized shall be known, a justice of the peace 
 either of the county where the property seized was cut or 
 raised or where it was seized shall, on the application of 
 any of the said officers or persons acting by authority of 
 the Attorney-General, issue a notice in the form in 
 schedule A against any one or more of the parties so 
 known, and service on any one or more of them personally 
 or by leaving a copy of the notice at his or their last place 
 of abode shall be sufficient to bring on a trial and for the 
 condemnation of the property. If the parties be not 
 known a copy of the notice shall be posted on the court 
 hon.se door or in some other public place at least ten days 
 before trial. Should no claim be made at the time and 
 place mentioned in the notice the propei'ty shall be there- 
 upon forfeited ; and in case of claim two justices shall then 
 
TITLL III.] TRESPASSES TO CROWN PROPERTY. 151 
 
 and there or at some other adjourned time and place hear Chap. 10. 
 evidence and adjudicate, and either condemn the property 
 or order it to be released with costs. 
 
 6. The sentence of condemnation may be in the form ^|"*n"ti^°',o^ 
 in schedule B, and a copy thereof certified by one of the of proceedings 
 justices shall be delivered to the officer or person who *°'''""'^^'^' 
 seized the property, who shall report the facts to the 
 Attorney-General, and shall sell or otherwise dispose of the 
 property as he may direct. 
 
 7. In case of sale the gross proceeds shall be forthwith Disposal of pro- 
 remitted to the Attorney-General, who shall pay the same sale.' 
 
 to the Treasurer, who after the charges shall have been 
 approve<.l by the Provincial Secretary, shall pay the 
 necessary expenses for 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 pi'operty. When when property 
 
 i» 11 , 'iinj.!' does not realize 
 
 from any cause the property seized shall not realize an en»ugh to cover 
 adequate remuneration the Attorney-General may with the ^^p""^^^- 
 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. 
 
 8. An appeal may be had from the judgment of the Appeal, proceed- 
 justices to the Supreme Court. If the claimant be the&c". 
 appellant he shall make the affidavit and give the security 
 
 as required in cases of appeal. The appeal shall not stay 
 the sale, atd 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 Attorney- 
 General and charged in his account. 
 
 9. Any person who shall assault or obstruct any officer ^tractm/officera 
 in the execution of his duty under this Chapter or any amoving pro- 
 person in his aid, or who shall wilfully remove, cut, injure, 
 
 convert or set loose anything seized as aforesaid, shall pay 
 a fine to the Queen not exceeding four hundred dollars 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. 
 
 10. Any person impleaded for seizure or prosecution Privileges of per- 
 under this Chapter may plead this Chapter and give the fOTleizTreundL 
 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 
 
152 TEESPASSES TO CEOWN PEOPEETY. [PAET I. 
 
 Chap. 10. thereof, and if any suit or prosecution be brought against 
 any person on account of such seizure and judgment shall 
 be given against him, and the judge or court shall 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 iined 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 if the same shall not be paid within one 
 month after demand on him in writing setting forth the 
 particulars and amount of such claim. 
 
 Trees, timber or 11. All trees, timber or logs found cut upon the crown 
 
 oif^crown lands l^uds without authority or license of the Government may 
 
 ™Ysoid! ^"^"^ ^^ seized by the deputy surveyors of the county or such 
 
 persons as may be appointed for the protection of crown 
 
 lands, and such seizure shall be forthwith reported to the 
 
 Attorney-General, who may direct the sale thereof without 
 
 Proceeds seat to proceeding to condemnation, — the proceeds of such sale to 
 
 ai. °™^^' '^°"^' be remitted to the Attorney-General, to be applied as 
 
 directed by section 7 of this Chapter. 
 
 Action, where to 12. Every action or suit or prosecution brought for a 
 
 e brougiit. violation of the provisions of this Chapter shall be brought 
 
 in the county where the offence shall have been committed. 
 
 Trespassers 13. If any persou shall illegally cut down or injure or 
 
 tied tuCii'iiniUs ''smove any tree growing on any crown lands or on land 
 Ac. ' the property of any person or corporation and shall be sued 
 
 therefor, or an action of replevin shall be brought in respect 
 of the same, and judgment shall be given against him, he 
 shall not be entitled to jail limits or to the benefit of any 
 act for the relief of insolvent or imprisoned debtors vmtil 
 he shall have been imprisoned one day for each and every 
 dollar of the amount of damages and costs for which he 
 shall have been imprisoned. 
 
 Not to conflict 14. Nothing herein contained shall be construed to 
 withchapter.7. pQjjtj.^^gj^g Or couflict with Chapter 7, "Of Mines and 
 Minerals." 
 
TITLE III.] TEESPASSES TO CEOWN PEOPEKTT. 153 
 
 SCHEDTJLES. pHAP. 11. 
 
 Whereas a quantity of (describe the articles) have been 
 seized as Crown property, illegally obtained, 
 
 These are to give notice that two justices of the peace 
 
 w^ill attend on the day of , at — o'clock in the 
 
 noon, at , to hear cause why the same should 
 
 not be declared to be the property of the Crown. 
 
 Given under my hand and seal at , this day 
 
 of , A. D. 18— . 
 
 A. B., J. P. 
 
 B. 
 
 Be it remembered that (describe the property) having 
 been seized as Crown property illegally obtained, and 
 prosecuted under the provisions of the Chapter, " Of 
 Trespasses to Crown Property," the same are hereby 
 adjudged and declared to be the property of the Crowia 
 pursuant to the said Chapter. 
 
 Given under our hands and seals at , this 
 
 day of , A, D. 18—. 
 
 A. B. (seal.) 
 C. D. (seal.) 
 
 OHAPTEH 11. 
 
 OF THE PUBLIC EECOEDS. 
 
 1. The books, papers and records of all public offices, vested in Her 
 provincial and county, are hereby vested in Her Majesty *^**'^' 
 
 the Queen and her successors. 
 
 2. If any person shall wrongfully take, withhold or Parties taking or 
 retain possession of any public document, book, record, mly"be proceed"- 
 writing or other paper, he maj' be proceeded against for*'**sainst. 
 the recovery of the same in a summary manner. 
 
 3. Upon grounds laid by affidavit before the Supreme Mode of proced- 
 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 ai'e, to 
 give up the same to the proper custodian, or as therein 
 directed. 
 
 , ure. 
 
154 LEGISLATIVE LIBRARY. [PART I. 
 
 Chap. 12. 4. It shall be in the discretion of the court or judge 
 
 Older to be in dis. granting the order whether an order absolute or an order 
 
 "reti™ of court /^^-g^ .shall be first granted ; and costs shall follow when an 
 
 Costs." order is obtained, unless otherwi.«e directed. 
 
 Appeal. 5. Any party feeling aggrieved by the order of a single 
 
 judge may, upon filing with the prothonotary in Halifax a 
 
 bond to Her Majesty in a sum to be named by a judge of 
 
 the Supreme Court for security for co.sts, appeal from the 
 
 decision of the judge to the court in banco, where the 
 
 whole matter may be heard and disposed of as such court 
 
 may decide. 
 
 CHAPTEE 12. 
 
 OF THE LEGISLATIVE LIBRARY. 
 
 Appointment of 1. The Library of the Nova Scotia Historical Society 
 
 brary^comnas^shall bc amalgamated with the Legislative Library of Nova 
 
 "°°- Scotia, and the regulation and management of the joint 
 
 collection and any additions that may be made thereto is 
 
 hereby vested in a commis.sion of nine persons to be 
 
 called the Nova Scoiia Library Commission, of whom the 
 
 Lieutenant-Governor of the Province for the time being 
 
 shall ex officio be one, and the remainder of whom shall be 
 
 appointed annually, one half by the Nova Scotia Historical 
 
 Society and the other half by the Governor-in-Council. 
 
 Lieutenant-Gov. 2. The Lieutenant-Govemor for the time being shall 
 
 FresidenT""™ bc cx officio the President of the Commission. 
 
 On failure to ap- 3. Should the Nova Scotia Historical Society at any 
 
 Sevoi've'onwhom^i™® ^^^^ ^° appoint any or all of the commissioners whom 
 
 said society are hereby authorized to appoint, the rights 
 
 and powers vested by this Chapter in the commission shall 
 
 devolve upon the other members of the commission, 
 
 Appointment of 4. The librarian shall be appointed by the Governor-in- 
 
 Ubrarian,&c. (Council and shall be such person as the commissioners shall 
 
 nominate, and shall held office during good behaviour. 
 
 Commissioner 5. The commissionei'S maj' make by-laws fi'ora time to 
 
 faws, ^^^^ ^^' time for the regulation and management of the library and 
 
 prescribing all matters necessary for the control thereof, 
 
 but such by-laws shall not go into' force until approved by 
 
 the Governor-in-Council. 
 
 Annual report 6. The commission shall make an annual report of the 
 
 to be submitted ->, ^ .i ii_j. c i.^ ^•t i ii 
 
 to Legislature, expenditure, the .general state or the horary, and on all 
 such matters in connection therewith as may be required 
 by the Governor-in-Council, which report shall be laid upon 
 the table of each branch of the Legislature during the session. 
 
title iv.] certain public officers. 155 
 
 Chap. 1.3. 
 
 TITLE IV. 
 
 OF PROVINCIAL OFFICERS. 
 
 CHAPTER 13. 
 
 OF CERTAIN PUBLIC OFFICERS, THEIR SALARIES AND DUTIES. 
 
 1. There shall he allowed to the several officers salaries of public 
 hereinafter mentioned, to be paid quarterly out of the °''''^^''^' 
 public funds, income and revenue, the following yearly 
 
 salaries : — 
 
 To the Provincial Secretary two thousand four hundred 
 dollars, and to his first clerk or Deputy Secretary fourteen 
 hundred dollars : 
 
 To the Attorney-General sixteen hundred dollars : 
 
 To the Cashier sixteen hundred dollars : 
 
 To the Commissioner of Public Works and Mines two 
 thousand dollars ; to the Chief Clerk of Mines one thousand 
 dollars ; to the Chief Clerk of Works one thousand dollars ; 
 to the Secretary of the Board of Public Charities twelve 
 hundred dollars : 
 
 To the First Clerk in the Crown Land office one 
 thousand four hundred dollars ; to the additional clerk one 
 thousand dollars : 
 
 To the Provincial Engineer not more than three 
 thousand dollars : 
 
 To the Private Secretary of the Lieutenant-Governor 
 for the time being twelve hundred and fifty dollars. 
 
 2. The Provincial Secretary shall be Treasurer of the Provincial secie- 
 Province, and shall give bonds for the faithful performance 'yj^/°fthe^Pro: 
 of the duties of his office in sixteen thousand dollars, with ™<=|^»nd to give 
 two sureties in eight thousand dollars each ; and his clerk, 
 
 called the Cashier, shall give bonds in four thousand dollars casWer to give 
 with two sureties in two thousand dollars each for the^™^'- 
 faithful discharge of his duties. 
 
 3. The Provincial Secretary, the Attorney-General, to be members 
 and the Commissioner of Public Works and Mines shall betion. 
 members of the Provincial Administration for the time 
 
 being. 
 
 4. The Provincial Secretary shall, in addition to the Duties of Provin- 
 other duties of his office, examine and check from time to"'"' ^''"■®*^''5'- 
 time as they shall come in all accounts of public receipts 
 
156 CERTAIN PUBLIC OFFICERS. [PART I. 
 
 Chap. 13. and expenditures of every kind and description; and no 
 
 account of any public expenditure whatsoever for road 
 
 worlc, public buildings, education or otherwise shall be 
 
 paid by the Cashier until the same shall have been carefully 
 
 examined and certified to be correct, or any mistake or 
 
 error therein pointed out and rectified by the Provincial 
 
 Secretary, or in case of his absence or indisposition, by his 
 
 Deputy or first. clerk. 
 
 Duty as Trea- 5. It shall be his duty as such Treasurer to receive all 
 
 surer. ^j^^ revcnues or public moneys collected in or paid to the 
 
 Province from whatever source derived, and deposit the 
 
 same in such bank or banks, to his credit as Provincial 
 
 Treasurer, as the Governor-in-Council may from time to 
 
 How moneys are time direct, which moneys shall be withdrawn from said 
 
 to e rawn. jj^nks Only upon a cheque signed by the Cashier and 
 
 countersigned by the Provincial Secretary or his Deputy, 
 
 — and no payment from the public revenue shall be made 
 
 except by warrants drawn by the Provincial Secretary on 
 
 the Cashier. 
 
 Filing of ac- 6. The Governor-in-Council ma)' direct what accounts 
 
 ' ' shall be filed in the office of the Provincial Treasurer, and 
 
 in what form the books shall be kept, and which of such 
 
 books shall be open to inspection, and by whom and under 
 
 what circumstances. 
 
 Vouchers. 7. The accounts so examined and certified as aforesaid 
 
 under the hand of the Provincial Secretary, or in case of 
 
 his 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 suras therein 
 
 expressed or for the payment thereof under any general 
 
 warrant previously issued therefor. 
 
 Salary of Trea- 8. The Provincial Secretary shall not be entitled to 
 
 surer. rcccive any salary as Provincial Treasurer. 
 
 Treasurer's ac- 9. The Cashier 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 Provincial Secretary 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 Council and 
 
 House of Assembly as heretofore. 
 
 Governor may 10. It .shall be Competent for the Governor-in-Council 
 
 formanagcment to direct from time to time which of the public accounts 
 
 of office. shall 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 economica. 
 
TITLE IV.] CERTAIN PUBLIC OFFICERS. lo7 
 
 expending of the public moneys by the taking of contracts Chap. 13. 
 after due advertisement or by such other guards and 
 provisions as may appear most judicious for the checking 
 of any abuse and the more vigilant and faithful husbanding 
 of the public moneys. 
 
 11. The Commissioner of Public "Works and Mines j^i'*^.^_^^o^*^jCom- 
 shall perform all the duties required of him in the chapters lic works ancs 
 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 Building 
 and grounds and all other buildings and property belonging 
 to the Province and now under the care or management of 
 such Commissioner of Public Works and Mines, or which 
 may be placed under his care by the Provincial Government. 
 
 12. The Governor-in-Council may make such regula- ^o^""'?'"'-"' 
 tions for the superintendence and management of the makeregura- 
 public works mentioned in the next preceding section as"°°^" 
 may seem judicious, provided that no greater expense is 
 incurred for such superintendence and management than 
 
 has been heretofore sanctioned or granted by the Legislature. 
 Such regulations shall be laid before the Legislative 
 Council and Assembly within ten days after the opening 
 of the next session after they shall be made, and they shall 
 be subject to the revision of the Legislature. 
 
 13. The Commissioner of Public Works and Mines for commissioner of 
 the time being shall be the Queen's Printer for the Province, quTS^Sr! 
 and he shall discharge without salary or emolument all the 
 
 duties which are assigned to the Queen's Printer or which 
 have heretofore appertained to that oiBce. 
 
 14. The Governor-in-Council shall appoint as clerk to Apipointment, 
 the Commissioner of Public Works and Mines a person to eierk.'' °'' 
 assist him in the discharge of the duties imposed on the 
 Commissioner under this Chapter. Such clerk shall have 
 
 had practical experience in the business of printing to such 
 an extent as will enable him to discharge all the duties 
 heretofore devolving on the Queen's Printer. The person 
 so appointed shall be an officer of the Department of 
 Works and Mines, and shall have and perform such duties 
 as may be assigned to him by law or by order of the 
 Lieutenant-Governor-in-Council. He shall be Secretary for 
 the Commissioners of Public Charities, and shall also have 
 and discharge such other duties as may be assigned him by 
 the Commissioner of Public Works and Mines. His duties 
 shall be performed under the direction and supervision of 
 the Commissioner of Public Works and Mines. 
 
 15-. It shall be the duty of any Queen's Printer to i^i^t'es of Queen's 
 cause to be printed and published for the Provincial 
 Government, under his superintendence, the official Gazette 
 
158 CEKTAm fUBLlC OS'S'ICER'S. [pART 1. 
 
 Chap. 13. of the Province, to be known as the Royal Gazette, th6 
 
 Statutes of Nova Scotia, the Journals of the Legislative 
 
 Council and House of Assembly, and all such official and 
 
 departmental and other reports, books, forms, documents 
 
 and other papers as are required to be printed at the 
 
 expense of the Province, and he shall perform all such 
 
 other duties as shall from time to time be assigned to him 
 
 by Order-in-Council, and whatever is printed Under his 
 
 superintendence by authority of this Chapter shall be held 
 
 to be printed by him. 
 
 Clerk of Assem- 10. The Clerk of the Assembly shall furnish the 
 
 Quee*n°s PriSilr Quccn's Printer with a certified copy of every Act of the 
 
 With certified Legislature of Nova Scotia as soon as the same has received 
 
 copies OS. g^gggjjj.^ Qj. jj ^jjg gjjj ]^j^g ijgen reserved so soon as the assent 
 
 thereto has been proclaimed in the Province. 
 
 Queen'3 Printer 17. fhe Quecu's Printer shall immediately after the 
 
 p°inted"co"ie3 to close of the scssiou of the Legislature, or so soon after as 
 
 certain parties, may be practicable, deliver or transmit by post or otherwise 
 
 in the most economical mode the proper number of printed 
 
 copies of the Acts of the Legislature to the parties 
 
 hereinafter mentioned, that is to say : 
 
 To the members of the Legislative Council and of the 
 Assembly respectively such numbers of copies of each as 
 may from time to time be directed by any joint resolution 
 of both houses, or in default of such resolution such 
 numbers as shall be directed by any order of the Governor- 
 in- Council ; and to such public departments, administrative 
 bodies and officers throughout the Dominion of Canada, as 
 may be specified in any order to be for that purpose made 
 from time to time by the Governor-in-Council. 
 
 Proviso. Provided that when any bill receives assent during and 
 
 before the termination of any session of the Legislature, 
 
 the Queen's Printer shall, on instruction to that effect from 
 
 the Provincial Secretary, cause distribution to be made of 
 
 such number of copies thereof to the same parties and in 
 
 the like manner as is hereinbefore provided in regard to 
 
 the acts of any session. 
 
 Provinoiai-secre- 18. The Provincial Secretary shall within fifteen days 
 
 ifs^o'pubik d* after the close of each session of the Legislature transmit 
 
 fartments, &c, jq the Quccn's Printer a list of all the public departments, 
 
 administrative bodies and officers to whom such copies are 
 
 to be transmitted as aforesaid, and shall also from time to 
 
 time as occasion requires furnish him with copies of all 
 
 orders in Council made under the provisions of this Chapter. 
 
 Eemaining cop' 19. If after the distribution of such printed Acts any 
 
 lesofActs. copies remain in the hands of the Queen's Printer, he may 
 
 deliver any number thereof to any person by order of the 
 
 Governor, on notice thereof by the Provincial Secretary. 
 
TITLE IV.] CERTAIN PUBLIC OFFICERS. 159 
 
 20. The Statutes shall be printed in small octavo form, CfiAP. 13. 
 on fine paper, in small pica type, fifty-one ems by thirty- printing of stat- 
 two ems, including head notes and marginal notes in"'^'- 
 nonpariel, such notes referring to the year and chapter of 
 previous statutes whenever the text amends, repeals or 
 changes the enactments of former years ; and shall be 
 half-bound in paste-board covered with paper, with backs 
 
 and corners of best aheep-skin and lettered ; and they shall 
 be arranged for distribution in such manner as the 
 Governor-in-Council may deem expedient. 
 
 21. The Queen's Printer shall before the opening of ^^p^"'* 0°^^^., 
 each session of the Legislature make a report in triplicate Printer. 
 
 to the Governor (to be by him laid before both houses of 
 the Legislature within fifteen days after the opening of 
 such session), shewing the number of copies of the Acts of 
 each session which have been printed and distributed by 
 him since the last session, and the departments, adminis- 
 trative bodies, officers and persons to whom the same have 
 been distributed, the number of copies delivered to each 
 and under what authority, and the numbers of copies of 
 the Acts of each session then remaining in his hands ; and 
 containing also a detailed account of the expenses by him 
 actually incurred in carrying into effect the five preceding 
 sections of this Chapter ; to the end that provision may be 
 made for defraving the same after such account has been 
 duly auiited and allowed. 
 
 22. Publication of proclamations, official and other publication la 
 notices, and of all such matters whatsoever as may be from "^^ 
 
 time to time desired by the Governor-in-Council, shall be 
 made in the Royal Gazette of this Province ; and all 
 advertisements, notices or publications which by any act 
 or law in force in this Province are required to be given 
 by the Provincial Government or any department thereof, 
 or by any sheriff or other officer, or by any municipal 
 authority, or by any officer, person or party whomsoever 
 shall be given in such Royal Gazette, unless some other 
 mode of giving the same be directed by la,w. 
 
 28. AH copies of proclamations and official and other copies in Royal 
 notices, advertisements and documents printed in the Royal fad* evidence™ £ 
 Gazette, and all copies of the Statutes of this Province »"»'"="«• 
 caused to be printed for the Government by the Queen's 
 Printer, shall be prima facie evidence of the originals and 
 of the contents thereof ; and all copies purporting to be so 
 printed shall be held to be so, until proof to the contrary. 
 
 24. The Governor-in-Council may from time to time Regulations con- 
 prescribe the form, mode and conditions of the publication ^\™\"tl ^"^"^ 
 of the Royal Gazette, and designate the public bodies, 
 officers and persons to whom it shall be sent without charge, 
 
160 CERTAIN PUBLIC OFFICERS. [PART I, 
 
 Chap. I'.i. and regulate the price of subscription thereto, and the 
 ' "charges to be paid for the publication of notices, adver- 
 
 tisements and documents for parties other than the 
 Government ; and all sums payable for such subscriptions 
 and charges shall be paid in advance to the Queen's Printer. 
 Until otherwise ordered by the Governor-in-Council the 
 form, mode of publication and price of the Royal Gazette 
 and the charges for advertising therein shall remain as 
 at present. 
 
 Quarterly re- 2.T. The Quceu's Printer shall make quarterly returns 
 tisemente ?n ^""^ Under oath to be sworn before a commissioner of the 
 Royal Gazette. Supreme Court, of the moneys received by him for 
 subscriptions to the Royal Gazette and for advertising 
 therein, and pay over the sums so received to the Provincial 
 Treasurer within twenty days after the expiration of the 
 quarter for which any such return is made. 
 
 Contracts for 26. The printing, binding and other like work to be 
 printing. donc Under the superintendence of the Queen's Printer, 
 
 as mentioned in the fifteenth section, shall be done and 
 furnished under contracts to be entered into under the 
 authority of the Governor-in-Council in such form and for 
 such time as the Governor-in-Council shall appoint, and 
 after such reasonable public notice or advertisement for 
 tenders, as the Queen's Printer, Mdth the approval of the 
 Governor-in-Council, may deem advisable ; and the lowest 
 tenders received from parties of whose skill and resources, 
 and of the sufficiency of whose sureties for the due 
 performance of the respective contracts the Governor-in- 
 ProTiso. Council shall be satisfied, shall be accepted ; provided 
 
 always that the foregoing portion of this section shall not 
 apply to any government printing declared to be of a 
 confidential character by an order in Council, as hereinafter 
 provided. 
 
 Printing of Jour- 27. The Joumals of both houses of the Legislature 
 ture.°' ^°*''°'*" shall be printed on fine paper, in large octavo form and in 
 small pica type, fifty-five ems by thirty-five ems, with 
 marginal notes in nonpariel, and shall be bound similarly 
 to the Statutes. The Journals of the two houses shall be 
 uniform with one another, and all departmental and other 
 reports, and other documents to be laid before either house, 
 or ordered to be printed by either house and intended to 
 be bound with the Journals of such house, shall also, with 
 the exception of the marginal notes, be in all respects 
 uniform with such Journals. In addition to the number 
 of copies of such reports or documents required for other 
 purposes there shall be printed a sufficient number of 
 copies for binding with the Journals of both houses as 
 appendices or otherwise. It shall be the duty of the 
 
TITLE I V.J CERTAIN PUBLIC OFFICERS. 161 
 
 Queen's Printer to see that the provisions of this section Chap. 13. 
 are fully complied with. 
 
 28. It shall be the duty of the Queen's Printer to f^t'iff duties ot 
 assist the Government in preparing advertisements, specifi- '^""""^ ''"'"^'^' 
 cations and contracts in connection with public printing, 
 
 and to compel contractors to carry out fully the terms and 
 provisions of all such specifications or contracts. 
 
 29. It shall also be his duty to check and audit all Ditto. 
 accounts for advertising rendered by newspaper proprietors 
 against the Provincial Government, or any department or 
 officer thereof. 
 
 30. No money for printing, binding or other such work Money tor print- 
 •done shall be paid out of the Provincial Treasury without o'lHy 'on'' certtS 
 a certificate from the Queen's Printer that the work has prl^^ °/ '^'^"^"'^ 
 been properly done, and that the party doing the same is 
 lawfully entitled to receive the amount certified to. If the 
 Queen's Printer shall sign any false or fraudulent certificate 
 
 Tinder this section, he shall, in addition to any other penalty 
 to which he may by law be subject, forfeit and pay a sum 
 equal to the amount mentioned as payable in such certificate 
 
 31. Whenever it shall appear to the Governor-in- Prfntino: of con- 
 Council that in the interest of the public any printing ter*" '^ 
 should be regarded as of a confidential charactei-, the 
 Governor shall by order in Council authorize such printing 
 
 to be done by the Queen's Printer at the public expense, or 
 to be done under his superintendence at fair prices without 
 tender, such prices to be specified in such order, and a 
 separate account of all such work, with details of the 
 quantities, rates charged, amounts paid and the names of 
 the parties performing the work, shall be kept by the 
 Queen's Printer and included in his annual report. 
 
 32. The Queen's Printer shall keep an accurate record Queen's Piinter 
 of all transactions of his office, and furnish a report of the h'is''ofltee,''te'' "' 
 same annually to the Provincial Secretary, by whom the 
 
 same shall be submitted to the Legislature. 
 
 33. The Queen's Printer shall also prepare annually an to prciiare esti- 
 estimate of the sums which will probably be required to ™°'*^^' *"■ 
 
 be provided by the Legislature for all public printing 
 during the financial year, which estimate shall be transmitted 
 to the Provincial Secretary for his approval, and shall be 
 laid before the Legislature with the other estimates for 
 the year. 
 
 34. The expenses to be incurred under the foregoing Expenses under 
 provisions of this Chapter shall be paid out of such moneys *'"''' Chapter, 
 as may be appropriated for the purpose by the Legislature 
 
 and accounted for (except as herein otherwise provided) 
 12 
 
162 CERTAIN PUBLIC OFFICERS. [PART I, 
 
 Chap. 13. in like manner as other moneys expended for the puhlie 
 
 service. 
 Queen's Printer 35. The Qucen's Printer or Clerk to Board of Public 
 ?fPubVc°chai'^. Charities shall not be interested directly or indirectly, by 
 imerestedhfterT-^™®®^^ *^^ ^^^ partner in business, in the result of any 
 ders, &o. tender for printing or other work to be done under this. 
 
 Chapter. 
 
 Governor -in- 36. The Governor-in-Council shall by orders in Couucil 
 
 reguiatioiis.^'*'' make all such rules and regulations not inconsistent with 
 this Chapter, as may be deemed advisable for the direction 
 of the Queen's Printer; and every such order shall be 
 submitted to the Legislature within fifteen days after the 
 opening of the session next after the passing thereof. 
 
 Queen's Printer 37. The Quccu's Printer shall before entering upon 
 to give security, ^-j^^ duties of his office givc Securities to the satisfaction of 
 the Governor-in-Council in the sum of five thousand 
 dollars for the faithful discharge of such duties. 
 
 38. It shall be lawful for the Governor-in-Council to- 
 
 Governor-in- , . , n • i n i 
 
 Council may ap- appoint an engineer, whose time and services shall be 
 point engineer. (jgyQ^.g(j exclusivcly to his duties as a provincial officer. 
 His duties. He shall perform such duties in connection with railways 
 and other public works and matters as the Governor-in- 
 Council may from time to time direct. 
 
 Governor may 39. The Governor-in-Council may cause a cash account 
 
 count "f* crty *° ^^ Opened at one or more of the banks in the City of 
 
 banks and bor- Halifax, and may borrow and receive from such banks such 
 
 ■sums of money as may be neces.sarj' for the use of the Prov- 
 
 vince, in such amounts a« may from time to time be required^ 
 
 under such conditions and upon such terms, stipulations 
 
 and agreements for the payment and repayment of such 
 
 moneys, and for the management of such accounts as by 
 
 the Governor-in-Council may be established, prescribed 
 
 and directed, with the consent of the directors of the 
 
 jiay borrow from banks ; or Otherwise may borrow and receive from any 
 
 other persons, Qj^j^gj, persons. Corporations or companies a sum not to- 
 
 exceed one hundred and twenty thousand dollars, at the 
 
 lowest interest at which such loan can be etfected. 
 
 Moneys, how 40. The money may be drawn and received from 
 
 drawn. (.jj^g jq ^jj^g jj^ g^P^j sums and under such restrictions and 
 
 regulations as may be prescribed by the Governor-in- 
 Council with the consent of the lenders thereof. 
 pubiicfunds,&c., 41. For the repayment of all moneys borrowed under 
 payment.*""^ " this Chapter, and for the final payment and discharge of 
 the balance which shall be remaining due and unpaid on 
 the final closing of such accounts with such lenders with 
 interest, the public funds, moneys and credits of this 
 Province are hereby pledged and rendered liable. 
 
TITLE IV.J CERTAIN PUBLIC OFFICERS. 163 
 
 42. An account of all sums received, paid, borrowed or Chap. 13. 
 repaid under this Chapter, with the dates of the receipts, Account ^ 
 payments, loans and repayments respectively, shall be laid faj^JeYg,.' l^^! 
 before the joint committee of the Legislature appointed to isiature. 
 examine the public accounts, together with the drafts and 
 vouchers relating to the same, at each session. 
 
 43. Every member of the Executive Council of this Allowance and 
 Province not residing in the City of Halifax, and not in the bs1-rof°the"E™- 
 receipt of a salary as head of a department, shall receive '=^'"'^« council. 
 from the Provincial Treasurj' allowances for his attendance 
 
 in Council and for his travelling expenses as follows ; 
 
 (a.) For actual attendance in Council the sum of four 
 dollars per day, including the days necessarily occupied in 
 travelling to and from Halifax, or other place in which 
 Council may be convened. 
 
 (6.) A sum sufficient to indemnify him for his actual 
 outlay for necessary travelling expenses in going to and 
 returning from meetings of the Executive Council. 
 
 44. Every member of the Executive Council acting: as iiniemnitj- as 
 delegate or otherwise engaged in public business requiring 
 
 his presence from home in other parts of the Province or 
 abroad, shall receive from the Provincial Treasury a sum 
 sufficient to indemnify him for his actual outlay for 
 reasonable expenses while so acting or engaged in the 
 public service ; and if he is not in receipt of a salary as 
 head of a department he shall receive in addition the sum 
 of four dollars for each day so given to the public service 
 
 45. No member of the Executive Council shall receive whiie Pariia- 
 
 T . ,, Pi it j_ ll t nient in Session. 
 
 any indemnity or allowance tor travelling to or attending 
 any meeting of the Council that ma}' be held while the 
 Provincial Parliament is in session. 
 
 46. Notwithstanding the provisions of the two next [J^'^'^'^^y^,,™™' 
 preceding sections the Governor-in-Council may by Order- 
 in-Council authorize the payment from the Treasury of a 
 
 greater sum for services to any member of the Executive 
 Council who has been sent on delegations to any place out 
 of Canada on the public service. 
 
 47. All claims for allowances and expenses under the ^^™™' ''°^' *° 
 four next preceding sections of this Chapter shall be made 
 
 in writing, stating particulaars of claim, signed by the 
 claimant And filed in the office of the Provincial Secretary. 
 
 48. When bonds are required to be given by a public ^^'J^J^^^ p"''"'' 
 officer, whether appointed under the provisions of this 
 Chapter or of any other act of the Local Legislature, by 
 
 the Governor-in-Council or otherwise, they shall be taken 
 in Her Majesty's name when not otherwise directed. 
 
164 CERTAIN PUBLIC OFFICERS. [PART I. 
 
 Chap. 13. 49. Sureties to any such bond may at any time give 
 Withdrawal of to the Provincial Secretary notice of their desire to withdraw 
 sureties. from liability thereunder, and in such case the liability of 
 
 the sureties for any act committed or dereliction of duty 
 after the expiration of three months from the receipt of 
 such notice shall cease. Principals shall in such cases be 
 required to furnish new security in the same manner as if 
 bonds had not been previously executed. 
 
 Officers appoint- 50. All officers now appointed or hereafter to be 
 sure*!"""^ P'^*" appointed by the Governor, whether by commission or 
 otherwise, shall remain in office during pleasure only, 
 unless otherwise expressed in their commissions or appoint- 
 ments. 
 
title v.] boundaries of counties. 165 
 
 Chap. 14. 
 
 TITLE V. 
 
 OF COUNTIES, DISTRICTS AND TOWNSHIPS, 
 AND THEIR OFFICERS. 
 
 CHAPTER 14. 
 
 OF THE BOUNDARIES OF COUNTIES, DISTRICTS AND TOWN- 
 SHIPS. 
 
 1. The boundary lines of counties, municipal districts Boundary imes 
 and townships are confirmed as at present established. confirmed. 
 
 2. Whenever it shall be made satisfactorily to appear y*"='.' ""''s ""■ 
 to the Governor-in-Council that the lines and bounds of may order sur- 
 any county, district or township are uncertain and require ™^' 
 
 to be run out, or where the traces of such lines or bounds 
 have disappeared, and it shall be necessary to establish the 
 same anew, it shall be lawful for the Governor-in-Council 
 to authorize the Attorney-Genera! to appoint a surveyor to 
 perform such work and to set up permanent marks and 
 boundaries upon such lines. 
 
 8. Before such surveyor shall proceed to perform that Notice to war- 
 duty notice shall be given by the Attorney-General or the survey.'^' ''^'""^^ 
 surveyor to the Warden of each county or district, and at 
 any regular or special meeting of the Municipal Council 
 thereafter to be holden such council shall nominate one or cii^dity of.°™' 
 more persons to represent the interests of such county, 
 district or township in determining the true course of such 
 countj^ district or township lines, and the fixing the 
 necessary marks and bounds thereof, who shall make and 
 return a plan thereof. 
 
 4. The cost of such survey shall be paid out of the costa of survey, 
 Provincial Treasury, and the expenses of the nominees for sea of nominees 
 each county, district and township shall be a municipal char^.™""''*^ 
 charge. 
 
 5. The report of the majority if concurred in by the ¥™> how de- 
 surveyor shall decide the line, but in case the surveyor 
 
 shall not concur therein his report with that of those 
 agreeing with him, if any, and also the report of those 
 differing from him shall be submitted to the Attorney- 
 General, whose duty it shall thereupon be to decide and 
 establish the line between the respective counties, districts 
 or townships. 
 
166 SHERIFFS. [part I. 
 
 Chap. 15. 
 
 OHAPTEE 15. 
 
 OF SHERIFFS. 
 
 Appointment of 1. The Governor-in-Council shall from time to time, as 
 Sheriff. occasion may require by commission under the Great Seal 
 
 of the Province, appoint and commission a fit and proper 
 person to the office of Sheriff of each county, and shall in 
 like manner fill up any vacancies as they occur, and every 
 Sheriff so appointed shall hold office during good behaviour. 
 Oath of office. 2. Before entering upon his duty every Sheriff shall 
 
 subscribe the following oath : 
 
 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 truly to the best 
 of my skill and judgment execute the Laws and Statutes 
 of the Province, and will in all things act uprighth' in my 
 office for the honor of the Queen and the good of her 
 .subjects. 
 Security to be 3. The Governor-in-Council may from time to time 
 given by Sheriff. ^^ order in Council fix and determine the amount of the 
 security to be given by each Sheriff as hereinafter mentioned, 
 but sueh an amount shall be in no case less than four 
 thousand dollars nor more than ten thousand dollars for 
 each Sheriff, and not less than two thousand nor more than 
 five thousand dollars for each surety named in the bond 
 hereinafter mentioned, and until such Order-in-Council be 
 made, the amount of the security to be given by each Sheriff 
 .shall be four thousand dollars for the Sheriff and two 
 thousand dollars for each surety. 
 Duplicate bond, 4. Every Sheriff shall before he is sworn into office 
 ow given. ^^j -within one month after his appointment execute and 
 enter into a joint and several bond in duplicate with two 
 sureties for such amount re.spectively, as may be fixed and 
 determined by Order-in-Council in that behalf as aforesaid, 
 or until such Order-in-Council is made for the sum of four 
 thousand dollars for the Sheriff and two thousand dollars 
 for each surety, which said duplicate bond may be in the 
 form of schedule A to this Chapter, or to the like effect, 
 and to each of said duplicate bonds respectively shall be 
 attached an affidavit made by each of the sureties therein 
 named respectively, in the form of schedule B to this 
 Chapter or to the like effect. 
 Bonds filed 5. One of the duplicate bonds with the affidavit thereto 
 transmitted, &c,g^jtg^j.j^g^j shall within the periods hereinbefore limited 
 respectivel}' be filed in the office of the prothonotary of the 
 county, for which filing the prothonotary shall be entitled 
 
TITLE V.J SHERIFFS. 167, 
 
 io a fee of fifty cents, and the other duplicate bond with Chap. 15. 
 
 the afiidavit attached to the same, and an affidavit of the 
 
 filing of said first mentioned duplicate and affidavits in the 
 
 office of such prothonotary as aforesaid shall within the 
 
 ■same period be transmitted to the office of the Provincial 
 
 Secretary, and by him be submitted for the approval of 
 
 tt|e Governor-in-Gouncil. 
 
 6. In case the said bond is approved of by the Governor- Proviso as to 
 in-Council it shall be filed in the office of the Provincial''""'"' 
 Secretary, and notice of such approval shall be given to 
 
 the Sheriff, but in case said bond is disapproved of, the 
 Provincial Secretary shall forthwith give notice to the 
 Sheriff of such disapproval, and in such case the said 
 Sheriff" shall within one month thereafter furnish and 
 transmit another such bond in lieu of the bond so dis- 
 approved of as aforesaid, to the satisfaction of the Governor- 
 in-Council. 
 
 7. The sureties named in any bond so disapproved of Liawnty of sure- 
 as aforesaid shall not be discharged from liability by such*"^^' 
 <iisapprova], but shall be and continue liable for any 
 defaults or misfeasances made, done or committed previous 
 
 to the approval by the Governor-in-Council of any security 
 xhat may be furnished in lieu of the same. 
 
 8. The Governor-in-Council may at any time require Reaewaiof bond, 
 any Sheriff' to renew his bond or securities or to furnish 
 
 ■others in lieu of the same, as to him may appear expedient 
 for the protection of the interests of the Crown or of 
 parties to legal proceedings, which new or substituted bond 
 •or securities the Sheriff" shall be bound to transmit to the 
 Provincial Secretary within three months after notice of 
 the Order-in-Council in that behalf. 
 
 9. Every renewed or substituted bond or security shall Proviso as to r&. 
 be in the same form and executed and accompanied by the 
 
 same formalities and affidavits and filed in the same manner 
 and subject to the same approval as the original bond or 
 ■security. 
 
 10. Incase any new security is given or substituted Liawuty of first 
 as aforesaid the former securities shall only be liable fQj.'*™"'^^- 
 
 ■or on account of defaults and misfeasances suffered or 
 committed by the Sheriff" previous to the perfecting of the 
 new security and the approval thereof by the Governor-in- 
 Council, and not as to any subsequent default or misfeasance. 
 
 11. Every Sheriff shall give notice in writing to the Death, &c., of 
 Provincial Secretary of the death, discharge, bankruptcy, for.* ^ ''™" " 
 insolvency or residence out of the Province of any surety 
 
 or person bound with him in an^"^ such security forthwith 
 after the fact comes to his knowledge, and in every such 
 case such Sheriff shall furnish the security of a new surety, 
 
168 SHERIFFS. [PAET I. 
 
 Chap. 15. to be approved of as aforesaid, in lieu of the surety so 
 dying, being discharged, becoming bankrupt or insolvent, 
 or re.siding out of this Province, and shall complete, file 
 and transmit to the Provincial Secretary the necessary 
 bond or security and affidavits in that behalf within one 
 month after such notice. 
 
 Surety may give 12. Any person who has become surety for any Sheriffs 
 and who is no longer disposed to continue such responsi- 
 bility, may give notice thereof to such Sheriff and to the 
 Provincial Secretary, and in such case the said Sheriff shall 
 furnish the security of a new surety in lieu of the surety 
 so giving notice, and shall complete, file and transmit the 
 necessary bond or security and affidavits in that behalf to 
 the Provincial Secretary within one month after such 
 notice, and all accruing responsibility on the part of the 
 person giving such notice shall cease upon and after the 
 perfecting and approval of the new security. 
 
 Liability of LS. Any Sheriff who neglects to give and furnish any 
 
 sureties. "^ *° of the Securities or to give any notice required by this 
 Chapter within the period hereinbefore in that behalf 
 respectively limited, shall be liable to forfeit his said office, 
 and his appointment and commission shall be void from 
 and after the time when the Governor-in-Council declares 
 the same to be avoided under this Chapter, but such 
 avoidance shall not annul or make void any act or order 
 or other act, matter or thing done by such Sheriff during 
 the time he actually held office. 
 
 Forfeiture may 14. The Govemor-in-Council may remit the forfeiture 
 in any case in which the failure to give the security or to 
 perfect or transmit the instruments required by this Chapter 
 within the periods hereinbefore limited respectively in that 
 behalf has not arisen from the wilful neglect of the Sheriff, 
 and if it appears to the Governor-in-Council that such 
 respective periods are in any case insufficient in consequence 
 of any accident, casualty, loss of papers in the transmission 
 thereof, illness or other particular circumstance, the 
 Governor-in-Council may allow such further period, not in 
 any case exceeding two months, for perfecting and trans- 
 mitting such securities as to him may appear reasonable 
 and proper. 
 
 Provision as to 15. The Governor-in-Council may approve of any 
 
 curiae™ ° ^°' security or securities, although the same may not have 
 been perfected and transmitted respectively within the 
 time limited by this Chapter, and in such case the office or 
 commission of the Sheriff shall not be deemed to have 
 been avoided by such default, but to have remained in full 
 force and effect, and such securities when approved of 
 as aforesaid shall be held and construed as valid and 
 
TITLE v.] SHKEIFFS. IG^ 
 
 effectual in the same manner and to the same extent as if Chap. 15. 
 they had been perfected and approved respectively within 
 the time limited by this Chapter. 
 
 16. No neglect, omission or irregularity in ffiving or surety when not 
 renewing anj-^ bond or security required by this Chapter, 
 
 nor in observing the formalities hereinbefore prescribed or 
 any of them, shall vacate or make void any such bond or 
 security or discharge any party or surety from the obliga- 
 tions thereof. 
 
 17. Any person may examine the bond of the Sheriff Examination of 
 and his sureties, and the prothonotary in possession thereof ''""'*' 
 
 shall on demand deliver to any person who desires the 
 same a copy thereof on payment of the following fees : 
 
 For search and examination of bond .... $ 25 
 For copy of bond 1 00 
 
 18. The said sureties shall be liable to indemnify the sureties to in- 
 
 . I' , 11 1- ., 1 demiiifv suitors. 
 
 party or parties to any legal proceeding against any damage 
 sustained by any such party or parties in consequence of 
 the Sheriff's neglect, default, misconduct or misfeasance in 
 his office, and the Sheriff shall be joint defendant in any 
 action to be brought upon such bond. 
 
 19. Any person sustaining any damage by reason of any Action on bond, 
 
 1 ■ • 1 r li 1 i. • 1 i • £ liow brought, &c. 
 
 such omission, derault, neglect, misconduct or misieasance 
 of any Sheriff' may bring and maintain an action upon the 
 said bond in the name of the Queen for such omission, 
 default, neglect, misconduct or misfeasance without special 
 leave obtained therefor, and be entitled to the proceeds 
 with costs, and the defendant shall be entitled to costs if 
 judgment be given in his favor, and such action shall not 
 be barred by reason of any prior recovery for the benefit 
 of the same party upon the same bond or of any judgment 
 rendered for the defendant in any prior action upon the 
 same bond, or by reason of any other action being then 
 depending upon the same either for the benefit of the same 
 party or for the benefit of any other partj- for any other 
 distinct cause of action, and the Sheriff shall forthwith 
 after the commencement of any such action give notice of 
 the same to the Provincial Secretary. 
 
 20. If upon the trial of any action upon any such court may ren- 
 bond or security it is made to appear that the party for ^' ^" ^""^ ' 
 whose benefit the suit is brought is entitled to recover, and 
 
 that the amount which such surety has paid or has become 
 liable to paj' as hereinafter mentioned is not equal to the full 
 amount for which he became surety, the Court, after 
 deducting from such full amount the sums which he has so 
 paid or become liable to pay as aforesaid, shall render 
 judgment against him for any sum not exceeding the 
 balance of the sum for which he became surety. 
 
170 SHERIFFS. [part I. 
 
 Chap. 15. 21. Where any such surety actually and bond fide and 
 
 Surety, how dis- of his own proper moneys and effects has paid or become 
 
 charged. liable by virtue of a judgment or judgments recovered 
 
 against him upon his said bond to pay an amount equal to 
 
 the amount specified on the said bond for which he became 
 
 suretv, such bond as to him shall be deemed to be discharged 
 
 and satisfied, and no other or further sum shall be recovered 
 
 against him. 
 
 Court may stay 22. It shall be Competent for any court of record in 
 
 procee mgs. -^Qyg_ Scotia, upon proof to the satisfaction of the court of 
 
 such payment or liability, in a summary manner and at any 
 
 stage in the cause by stay of proceedings or otherwise, to 
 
 prevent the recovery against any such surety of any further 
 
 sum than the sum specified in his bond and for which he 
 
 may have become surety. 
 
 Endorsement on 23. Upon evcry Writ of cxecution under a judgment 
 execu ion, c. j.ggQygj.g(j ^^ g^^,]^ boud the plaintiff or his attorney shall 
 by an endorsement upon the writ direct the coroner or 
 other officer charged with the execution of said writ to 
 levy the amount thereof upon the goods and chattels of the 
 SheriflT in the first place, and in default of goods and 
 chattels of the Sheriff to satisfy the amount then to levy 
 the same or the residue thereof on the goods and chattels 
 of the other defendant or defendants in such writ, and so 
 in like manner with any writ against lands and tenements 
 upon a judgment on any such bond. 
 
 Continuance of 24. Notwithstanding a Sheriff may have iorfeited his 
 Sheriff's Habiiity. ^gj^g ^^^ bccome liable to be removed therefrom by reason 
 
 of his not having complied with the provisions of this 
 Chapter, he shall nevertheless continue in his office to all 
 intents and purposes, and the liabilities of himself and his 
 sureties shall remain, until a new Sheriff has been appointed 
 and sworn into office. 
 Penalty for false 25. Any Sheriff who wilfully makes any false return 
 return. upon any writ or a warrant of execution directed to him 
 
 and placed in his hands for execution shall be liable to 
 forfeit his ofiice. 
 
 Books to be kept 26. Every Sheriff shall keep in his ofiice the following 
 
 by Sheriff. v i • ^ " 
 
 books, viz : 
 
 (1.) Process books, in which shall be entered a 
 memorandum of every process other than writ of execution 
 or writs in the nature of writs of execution received by the 
 Sheriff, the court out of which the same issued, the date of 
 the receipt, the nature of the process, the names of the 
 parties thereto, the attorney by whom issued, the date of 
 the return and the nature of the return made thereto, or 
 what was thereunder or therewith done respectively. 
 
TITLE v.] SHERIFFS. 171 
 
 (2.) Execution and attachment books for goods and Chap. 15. 
 lands respectively, in which shall be entered a memorandum 
 of every writ of execution and attachment, the court out of 
 which the same issued, the names of the parties thereto, 
 the attorney by whom issued, the date of return and the 
 nature of the return made thereto, or what was done 
 thereunder and therewith. 
 
 27. It shall be the duty of every Sheriff to supply cost of books, 
 himself with the books in the next preceding section '"" ^^' ' 
 mentioned, and the costs thereof shall be paid by the county 
 
 of which he is Sheriff. 
 
 28. For the entry of every process and of every writ?''? *'?'" ™t"es 
 
 o . ,1 '111 .1 ^'^ books. 
 
 or execution or attachment in such books respectively as 
 aforesaid, the Sheriff shall receive a fee of ten cents, to be 
 charged by him as costs in the cause in the ordinary way. 
 
 29. The plaintiff or other party at whose suit orTiaWHtv- to 
 instance a process is issued and the attorney who issues the ^''" ^ °'"'°^ ^' 
 same shall be severally liable to pay to the Sheriff his 
 
 taxable fees for executing such process. 
 
 30. Every Sheriff shall at the end of each calendar ^i^^"™,'^' how to 
 
 T . be rendered. 
 
 year render an account on oath to the Provincial Secretary 
 of all forfeitures and debts of the Crown levied by him, 
 with the names of parties paying the same, and any 
 Sheriff who shall neglect or delay more than two months 
 after the end of each year to render such account as 
 aforesaid shall forfeit eighty dollars to the use of the Crown. 
 
 31. In an action brought against a Sheriff or iailer or^»'"'so in ao- 
 
 , „ o , =• ^. . ■>. .. . tions for escape. 
 
 ■other otncer tor an escape under an execution in a civil suit 
 the court or judge shall not be bound to find for the whole 
 amount for which the prisoner was committed, but shall 
 :find a verdict for the plaintiff for such sum only as they 
 shall think right and proper under all the circumstances of 
 the case, unless it shall appear on the trial that the escape 
 was connived at or the officer guilty of negligence, and in 
 no case shall they find for more than the amount for which 
 the prisoner was committed. 
 
 32. Sheriffs shall return all writs to them directed K<=t"™ »' ™'s- 
 with the amount of their fees thereon endorsed and the 
 
 several items thereof specifically set forth, otherwise the 
 same shall not be taxed or recoverable. Sheriffs shall 
 endorse upon every writ returned by them an account of 
 their doings thereon, and when and how executed, and the 
 .amount collected on all writs of execution. 
 
 33. No Sheriff or Deputy Sheriff shall hold a commission Not to be justice 
 as justice of the peace, and all such commissions held by °f '^e peace. 
 Sheriffs or Deputy Sheriffs are hereby declared to be null 
 
 and void, and any Sheriff or Deputy Sheriff acting as a 
 
172 SHERIFFS. [part I. 
 
 Chap. 15. justice of the peace in violation of this section shall for 
 
 each offence forfeit the sum of eighty dollars. 
 Books, &c., Gov- 34. All books, accounts, records, papers, writs, warrants,^ 
 ernment prop- p^Qcggg ^nd other matters and things in the possession or 
 under the control of any Sheriff by virtue of or appertaining 
 to his office as Sheriff, shall be the property of the 
 Government of this Province, and the same and every of 
 them shall immediately upon the resignation, removal from 
 office or death of any .such Sheriff be by the party in whose 
 possession or control thfey may come or happen to be, handed 
 over to and taken possession of by the successor in office 
 of such Sheriff, or such person as the Governor may appoint 
 to receive the same. 
 
 Duties of outgo- 35. Upou the removal of any Sheriff' from his office or 
 ing Sheriff. upm his rcsignatien of the same and upon the appointment 
 of his succes.sor the outgoing Sheriff" or in the event of the 
 death of any Sheriff" the Deputy Sheriff, jailer or other 
 person having charge of the same, shall forthwith make out 
 and deliver to the new and incoming Sheriff a true and 
 correct list and account under his hand of all prisoners in 
 his custody and of all writs and process in his hands not 
 wholly executed by him, with all such particulars as shall 
 be neces.sary to explain to the said incoming Sheriff" the 
 several matters intended to be transferred to him, and shall 
 thereupon hand over and transfer to the care and custody 
 of the said incoming Sheiiff" all such prisoners, writs and 
 proce.ss, and all records, books and matters appertaining to 
 the said office of Sheriff. 
 Duties of incom- 36. The incoming Sheriff" shall thereupon sijjn and 
 deliver a duplicate of such list and account to the Sheriff 
 going out of office or to the deputy sheriff", jailer, or other 
 person where the previous Sheriff has deceased, to whom 
 the same shall be a good and sufficient discharge of and 
 from all the prisoners therein mentioned and transferred 
 to the incoming Sheriff and from the further charge of the 
 execution of the writs, process and other matter therein 
 contained without any writ of discharge or other writ 
 whatsoever ; and the said incoming Sheriff" shall thereupon 
 stand and be charged with the said prisoners and also 
 with the execution and care of the said writs, piccess and 
 other matters contained in the said list and account as 
 fully and effectually as if the same writs and process had 
 been handed over by indenture and schedule. 
 Penalty for ne- 37. In Case any outgoing Sheriff", or in the case of the 
 ^'°' "' death of the former Sheriff, any such Sheriff" deputy .sheriff, 
 
 jailer, or other person refuses or neglects to make out, sign 
 and deliver such list and account as aforesaid, and to hand 
 over the process aforesaid in manner aforesaid, every such, 
 
TITLE v.] SHERIFFS. 173 
 
 Sheriff or deputy sheriff, jailer, or other person so neglect- Chap. 15. 
 ing and refusing shall be liable to make such satisfaction 
 by damages and costs to the person aggrieved, as such 
 person sustains by such neglect or refusal. 
 
 38. Any Sheriff after resigning office or removal from Right of search- 
 office, or his heirs, executors or administrators, shall or may '"^ °° '' 
 
 at any and at all time or times thereafter have the right 
 and be at liberty to have access to, search and examine into 
 a,ny or all accounts, books, papers, writs, warrants and 
 papers of whatever kind, and all other matters and things 
 which were formerly in the possession of him, the said 
 Sheriff, before his resignation or removal, and which at the 
 time of making or requiring to make such search or 
 examination are in the possession or control of the 
 succeeding Sheriff, or the then Sheriff of the county, free of 
 all costs, charges and expenses. 
 
 39. Chapter 44 of the Acts of 1882 is continued inchap. 44 Acts 
 force notwithstanding anything in this Chapter contained, in force. 
 
 SCHEDTJLES. 
 
 A. 
 
 Province 'of Nova Scotia. 
 
 Know all Men by these Presents, That We, of 
 
 in the County of , Esquire, and are 
 
 held and firmly bound unto our Sovereign Lady Victoria, 
 Queen of the United Kingdom of Great Britain and 
 Ireland, Her Heirs "and Successors, in the penal sum of 
 Eight Thousand Dollars, current money of the said Province, 
 
 that is to say : the said as Principal in the 
 
 sum of Four Thousand Dollars , and the said — '■ 
 
 and as Sureties for the said in the sum of 
 
 Two Thousand Dollars each, to be paid to our said Lady 
 the Queen, Her Heirs or Successors, to which payment, well 
 and truly to be made, we severally bind ourselves, our 
 Heirs, Executors and Administrators, firmly by these 
 Presents Sealed with our Seals. 
 
 f.- l\ Dated the day of in the year of Our 
 
 Lord One Thousand Eight Hundred and -; , and in 
 
 the year of Her Majesty's Reign. 
 
 The Condition of the foregoing Obligation is such, That 
 
 whereas the said , according to the form and in 
 
 pursuance of the Statute in such case provided, is nominated 
 and appointed to serve the office of Sheriff for the County 
 
174 SHERIFFS. [part I. 
 
 Chap. 15. of , if therefore the said during his continuance 
 
 " in the said office of Sheriff, by himself or his sufficient 
 
 deputy or deputies (for whom he and his .said sureties .shall 
 be answerable), shall well and faithfully serve our said 
 Lady the Queen and her people in the said office of Sheriff 
 
 of the County of , and shall duly observe and execute 
 
 all such laws and ordinances as the High Sheriffs in the 
 several Counties in England are subject to ; and shall also- 
 obey and execute all such Statutes and Acts of the said 
 Province of Nova Scotia as relate to the said office of 
 Sheriff in the said Province of Nova Scotia; and shall 
 faithfully and diligently, to the best of his skill, serve and 
 execute all writs and processes of every kind, which shall 
 be from time to time directed to him ; and shall faithfully 
 and truly, and without delay, return the same ; and shall 
 pay over on demand to the person or persons entitled to- 
 demand the same all and every sum of money which shall 
 come to his hands by virtue of the said office of Sheriff,, 
 and in all other respects conduct himself as a faithful 
 officer, then this obligation to be void, otherwise to remain 
 in full force and virtue. 
 Signed, Sealed and Delivered } 
 in presence of j 
 
 CERTIFICATE OF EXECUTION. 
 
 I, , one of Her Majesty's Justices of the Peace 
 
 for the County of , certify that of in the 
 
 County of duly made oath before me this day that he 
 
 is a subscribing witne,ss to, and was present at the execution 
 of the foregoing Bond, and that he saw the same signed, 
 sealed and delivered by and therein named. 
 
 Dated at this • day of A. D. One Thousand 
 
 Eight Hundred and Eighty -. 
 
 B. 
 
 Affidavit of Justification. 
 
 County of 
 
 To Wit -. 
 
 I, A. B., (follow the description given in the Bond), 
 (one of the sureties in the annexed bond named), do make 
 oath and say as follows : 
 
 1. That I am seized and possessed to my own use of 
 
 real estate in Nova Scotia of the actual value of (the 
 
 amount for which the party making the affidavit is liable 
 
TITLE v.] PROTHONOTARIES. 175 
 
 by the bond), over and above all charges upon or Chap. 16. 
 incumbrances affecting the same. ; 
 
 2. The said real estate of (describe property.) 
 
 3. I am worth (the amount for which the party has 
 become liable by the bond), dollars over and above my 
 just debts. 
 
 4. My Post Office address is as follows: (Insert the 
 name of the Post Office.) 
 
 A. B. 
 
 Sworn before me at ■ in the County of the 
 
 day of , 188—. 
 
 P. T., 
 Judge of the County Court or J. P. for the County of . 
 
 CHAPTER 16. 
 
 OF PROTHONOTARIES AND CLERKS OF THE CROWN. 
 
 1. The Governor-in-Council shall appoint and commis- Appointments, 
 sion one person to be Prothonotary of the Supreme Court "'^ '"" "' 
 and Clerk of the Crown in every county, as vacancies shall 
 
 occur. 
 
 2. The Prothonotaries shall on or before the first day Prothonotaries 
 
 nnnii • 1, T j.i*j.to make return 
 
 of Jbebruaryin every year make returns under oath mto ot tees on oath. 
 
 the Provincial Treasurer's office of the fees received by 
 
 them. 
 
 3. The Prothonotaries and Clerks of the Crown to be Prothonotaries, 
 appointed as aforesaid shall give bonds in such sums and bonds.*" ^"^ 
 with such securities as may be directed by l;he Governor- 
 in-Council, conditioned for the performance of the duties 
 
 of their office. 
 
 4. The Prothonotaries throughout the Province shall Prothonotaries 
 
 1 . /-> ^ £ n -1 ,1 to act as Clerks- 
 
 issue subpoenas m Crown cases and perform all such other of the crown. 
 duties as may appertain to the office of Clerks of the 
 Crown. 
 
 5. Prothonotaries and Clerks of the Crown may Deputy Frothon- 
 appoint deputies to act for them in cases of illness orcierksof crown, 
 temporary absence from their respective counties. Such^°^ in''''"whtt 
 deputies shall perform the duties of their principals during cases. 
 
 such absence or illness, and such principals shall be 
 responsible for the acts of their deputies. 
 
 6. Such deputies before entering on the duties of their Deputies to sie 
 office shall file, in every case, a bond in the sum of two 
 thousand dollars with two sureties for the faithful perform- 
 ance of the duties of such office. 
 
176 CORONERS. [part I. 
 
 Chap. 17. 7. Whenever it shall appear to a judge of the Supreme 
 
 Judge to ap- Court that any Prothonotarj^ and Clerk of the Crown is 
 
 ur"' and^'aTk "'^^*' ^^^ ^^^ performance of his duty from any cause 
 
 of the Crown in whatever, at any sittings of the Supreme Court at which 
 
 certain oases, ^^^j^ judgc shall prcsidc, it shall be lawful for such judge 
 
 to appoint some fit and proper person to perform the duty 
 
 of such Prothonotary and Clerk of the Crown during such 
 
 sittings, whose acts and proceedings shall be as valid and 
 
 effectual as if performed by such Prothonotary and Clerk 
 
 of the Crown. 
 
 CHAPTER 17. 
 
 OF CORONERS. 
 
 How appointed 1. Coroners may be appointed by the Governor-in- 
 and sworn. Couucil, and shall be sworn into ofiice before a judge of 
 
 the Supreme Court or the Warden of the County. 
 Inquisitions, 2. Coroners shall return their inquisitions to the Clerk 
 
 returned" ""^ of the Crowu for the county at or before the then next 
 Clerk of Crown sittings of the Supreme Court. The clerk shall file the 
 fee and give °e"- same without fee and give the Coroner a certificate 
 tificate. containing the date of the inquisition and the date of the 
 
 filing of the same. 
 Juries, how sum- 3. Coroners shall, either personally or by a constable 
 moned. furnishcd by them with a precept, summon a jury of the 
 
 inhabitants of the county to attend inquisitions when 
 be'^heid'on'su'n-''^^'^^^^''® ^*' ^ time and place appointed, and if necessary 
 day. may hold inquests on a Sunday. 
 
 4. Upon the certificate of the Clerk of the Crown being 
 
 ju^y "and^^con- filed with the Couuty Treasurer the Coroner shall be 
 
 stable. entitled to receive from the Municipal Treasury ten dollars 
 
 in full for each inquisition, two. dollars and fifty cents 
 
 thereof to be paid to the jury and fifty cents to the 
 
 constable for their fees. 
 
 Fee tor medical 5. Mcdical men examined before a Coroner's jury shall 
 
 ' "^' be entitled to five dollars each, to be paid by the Municipal 
 
 Council, together with travelling fees at the rate of five 
 
 cents per mile, but no sucli charge shall be made unless 
 
 the witness shall be called by the direction of a majority of 
 
 the jury, and such charge shall include a j^ost 'mortem 
 
 examination if made. Before any claim on a county for 
 
 such charges shall be allowed a certificate from the Coroner 
 
 that such examination was required by a majority of the 
 
 jury shall be produced. 
 
TITLE v.] SPECIAL CONSTABLES. 177 
 
 6. If there be any further necessary or extraordinary Chap. 18. 
 charges on an inquest or burial besides those mentioned in Extra charges, 
 the preceding sections of this Chapter, they shall be defrayed '^°"' ''^''^J'^'i- 
 by the county or district. The Municipal Treasurer shall 
 
 pay the same immediately upon the production of the 
 certificate of the Clerk of the Crown, such charges having 
 been first duly attested to by the Coroner before a justice 
 of the peace as being reasonable and having been necessarily 
 incurred. 
 
 7. In the absence of the Coroner an inquisition may f^^^^l '^?^'cor- 
 1)6 held before a justice, who shall be entitled in such case oner. 
 
 to the same fees as a Coroner. 
 
 8. Coroners shall return lists in triplicate of the k.«'^'^|™s^ ^^ J^o- 
 inquests held by them, together with the findings of the 
 
 juries, to the officp of the Provincial Secretary on or before 
 the tenth day of January in every year, under a penalty of 
 twenty dollars. 
 
 OHAPTEE 18. 
 
 OF SPECIAL CONSTABLES AND PBESEEVING ORDER. 
 
 1. In case of riot, tumult or disturbance, or illegal acts in case of riot, 
 of any kind, accompanied with force or violence, or of a fee's may ''"p' 
 just apprehension thereof occurring or being committed in ^°,',"fabies!''^'"' 
 any place other than the City of Halifax or any incor- 
 porated town, any three of Her Majest5''s justices of the 
 
 peace may by writing under their hands appoint any 
 number of special constables to assist in preserving peace 
 and order. 
 
 2. Such special constables shall act under the direction to act under 
 of the senior magistrate who has signed their appointment. ^™'°'^'""'^"^'™"' 
 
 3. Any justice of the peace may swear in such special How sworn, 
 constables to the faithful discharge of their duty. 
 
 4. The appointment of such special constables shall Appointment ot 
 continue in force for the period of fourteen days from the to^be' in"lOTce 
 date of such appointment, unless sooner revoked by the ^* ''''^■^■ 
 justices by whom they were appointed. 
 
 5. In case of disorder or disturbance which may occur Power of justice 
 at any public meeting or assemblage of persons elsewhere poinrSs^aWe's 
 than in the City of Halifax or any incorporated town, any j.u,;,^^*': °' '^*" 
 justice of the peace, upon request of the chairman of such li"' meetings^" ' 
 
 13 
 
178 SPECIAL CONSTABLES. [PART I, 
 
 Chap. 18. meeting or of three or more freeholders, may verbally 
 ' appoint and swear in special constables who shall aid in 
 
 restoring and preserving peace and order at such meeting 
 or assemblage. 
 Constables re- Q, Any person who may be appointed a special constable 
 using oene. ^j^^gj, ^j^g j^^^ £^g sBctions and shall neglect or refuse to- 
 be sworn into office, shall be liable to a penalty of eight 
 dollars. 
 Appointment 7. The Municipal Council may appoint one or more 
 
 lice constaUer police constablcs to act for the preservation of the public 
 peace and order and for the enforcement of the laws against 
 crime, vice and immorality in such townships or districts 
 as they shall see fit, and may make regulations as to the 
 duties to be performed by them, and may provide for their 
 remuneration by salary or otherwise. 
 Funds, iiow 8. The funds necessary for such purpose shall be 
 
 raised by assessment upon the districts wherein such officers 
 are appointed, in the same manner as other municipal rates. 
 Resisting- con- 9. Anv person who shall by force resist any constable 
 ished.' or special constable in the performance of his duty shall, 
 
 on summary conviction thereof before a justice of the 
 peace, forfeit the sum of not less than two dollars nor more 
 than twent}' dollars ; and in default of payment shall be 
 imprisoned in the county gaol for a period not exceeding 
 thirty days. 
 Municipal Coun- 10. The Municipal Council in any municipality may 
 chief'constaw" annually appoint a chief constable for such municipality, 
 and fix a salary of not less than one hundred dollars a 
 year, to be paid to him out of the municipal treasury. 
 Such constable ii_ Before entering upon the duties of his office he 
 
 to g:ive bonds. in- i i , tt h^t • , • i p 
 
 shall give a bond to ±ier Majesty in the sum or two 
 thousand dollars, with two sufficient sureties, for the faithful 
 performance of the duties of his office. 
 Powers and du- 12. Such chief constablc shall have power and it shall 
 
 ties of chief con- ii.t,, i ,n . ii 
 
 stable. be his duty to serve and execute all process issued by 
 
 justices of the peace in civil and criminal matters, and to- 
 
 execute all warrants for municipal rates to him delivered 
 
 to be served ov executed; and he shall have power ta 
 
 perform all acts and duties now incumbent on constables 
 
 in criminal and civil cases. 
 
 Constables of 13. All coDstablcs of the municipality when so required 
 
 assisrSief^con" by the chief constable shall be obliged to assist him in the 
 
 stable. performance of his duties, and any constable refusing to 
 
 so assist him, without reasonable and just excuse, shall on 
 
 summary conviction thereof before a justice of the peace, 
 
 be liable to a fine of not more than twenty dollars, and in 
 
 default of payment shall be ijnprisoned in the county gaol 
 
 for a period not exceeding sixty days. 
 
TITLE v.] PROTECTION OF CONSTABLES. 179 
 
 14. The chief constable shall have authority to appoint Chap. 19. 
 one or more deputies under him, and to remove such chief constable 
 deputies and appoint others in their stead at pleasure ; and S^'^''"'"' '''^" 
 such deputies shall have the same authority to serve and 
 execute process as the chief constable has under thirj 
 Chapter ; and the chief constable shall be responsible for 
 the acts of his deputies in serving and executing such 
 process. 
 
 1-5. In every municipality in which such chief constable Additional fees 
 shall have been appointed there shall be paid to the justice mons° in °muni- 
 issuino- a writ of summons, in addition to the fees now poliiung sucii 
 required by law, by the party suing in a civil suit -\vheie '''"^^ ™"^'^'*- 
 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 eveiy justice of the 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 Municipal 
 Treasurer of the names of the plaintiff and defendant in 
 every such suit, and the fees paid to the justice under this 
 section during the next preceding half year, and at the 
 same time pay over to the Municipal Treasurer the sums 
 to him so paid. 
 
 16. Nothing herein contained shall prevent any other Nothing herein- 
 
 . 1 1 f. - 1 ,. 11 contained tu pre- 
 
 constable from serving and executmg any legal process oiv>;nt other 
 
 con- 
 
 f rom doing any other acts which before the passing of this f'nnuiJ'th^i?'^'" 
 Chapter he could lawfully serve, execute or do. "S"^*! J"t'«»- 
 
 17. The chief constable shall be entitled to the same Peas of chief 
 fees on service and execution of process as an ordinary- '^°'^*'^ ■*• 
 constable, except that his fees for travel on all such process 
 
 shall be computed from the residence of the chief constable 
 to the residence of the defendant, when necessarily done. 
 
 18. No justice of the peace shall be appointed a chief Justice of th& 
 
 , 1 1 ' peace not to be 
 
 constable. chief constable. 
 
 CHAPTEE 19. 
 
 OF THE PROTECTION OF CONSTABLES. 
 
 1. Before any action shall be brought against a Demand of peru- 
 constable, police or other officer or any person acting in his If^^^^,^^ ™w °l 
 aid, and for anything done in obedience to a warrant under served upon con- 
 
 , '^ , »" . . 11 11 stable, &c., before- 
 
 the hand and seal of a justice, mayor or alderman, a demand action brought. 
 in writing of the perusal and copy of such warrant, signed 
 by the person making the same shall be served upon him 
 
180 JAILS AND OTHER COUNTY BUILDINGS. [PART I. 
 
 Chap. 20. personally or left at his usual place of abode for the space 
 
 of six days. 
 
 If justice not 2. If after such demand and a compliance therewith 
 
 notice'''conjpiied an action be brought against such constable or other ofScer 
 
 Siaii hav'e"judg- 05^ person acting in his aid without making the justice a 
 
 ment. party thereto, on the proof of such warrant upon the trial 
 
 judgment shall be given for the defendant, notwithstanding 
 
 Proceedings any Want of jurisdiction in the justice. If the action be 
 
 against justke brought agaiust the constable or other officer or person 
 
 and constable, acting in his aid jointly with the justice, then on proof of 
 
 such warrant judgment shall be given for the constable or 
 
 other officer or person acting in his aid ; and if a verdict 
 
 pass against the justice the plaintiff shall recover costs to 
 
 be taxed so as to include the costs he may be liable to pay 
 
 to the other defendant. 
 
 Limitation of 3. No actiou shall be brought against a constable or 
 
 ^*'°''' other officer or person acting in his aid unless the same be 
 
 commenced within six months next after the cause of 
 
 action shall have accrued. 
 
 CHAPTER 20. 
 
 OF JAILS AND OTHER COUNTY BUILDINGS. 
 
 Jails, court 1. Couuty or district jails, court houses and session 
 
 erected Ind*"?!^ houses may bc erected and repaired by order of the 
 
 paired. municipal councils in the respective municipalities. 
 
 Spirituous 2. If a jailer or other person shall sell or deliver or 
 
 within jail^toU3 permit any person to sell or deliver to any prisoner or 
 
 other person any spirituous liquors in any jail or iail 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. 
 
 Penalties for a 3. Every iailcr on a second conviction therefor shall, 
 
 second convic- ..,-..•'*'. -i r* y 
 
 tion. in addition to paying a second nne, be disqualified for 
 
 office and be forthwith dismissed. 
 Prosecution to 4. Prosccutions shall be in the name of the clerk of 
 license. "" " the Hcenses for the municipality, and on information given 
 
 him it shall be imperative upon him to sue for such fine. 
 Liquors prescrib- 5. Nothing herein contained shall prevent the intro- 
 yap jsician^^^^.^^ of liquors for sick persons being in jail when 
 
 prescribed in writing by a physician. 
 
TITLE v.] JAILS AND OTHER COUNTY BUILDINOS. 181 
 
 6. If the limits of a jail extend beyond the jail yard Chap. 20. 
 and include any house or building other than the jail, Exceptions 
 nothing herein contained shall extend to such limits unless ^l^^'j^ ^j^^^jj^^j^g 
 as respects delivering or carrying such spirituoiTS liquors to 
 prisoners confined within such jail or the limits thereof. 
 
 7. The municipal council in the different municipalities Jo™**™.^.*'™* 
 
 inj? • • 1 1 iTi 1 T T y municipal 
 
 shall irom time to time make and publish rules and orders council. 
 for fixing and ascertaining the boundaries of jail yards, 
 and shall publish all by-laws and regulations made for 
 defining jail limits under the provisions of the chapter 
 " Of County Incorporation," and until jail limits are defined 
 under the authority of said chapter or of this Chapter they jaii limits, 
 shall remain as at present established. 
 
 8. The municipal council may from time to time make Municipal Coun- 
 orders for the regulation of county buildings and for the orders for regu- 
 internal regulation of county or municipal jails, for the {fu^JSngs for"iif- 
 guidance of jailers and other subordinate prison oflicers and '""^'J®^''"^'*"^ 
 for the comfort and control of prisoners; but the same Proviso, 
 shall not extend to interfere with or affect the security of 
 prisoners there confined nor the custody or control of the 
 
 sheriff over his prisoners, nor to lessen his responsibility 
 for their safe keeping. 
 
 9. The municipal council may regulate the salary of */™^^p^^ ™|™^ 
 jailers and subordinate prison officers, and may regulate saiariea and fees. 
 or abolish the payment by prisoners of fees. 
 
 10. Certified copies of all such orders shall forthwith orders may be 
 thereafter be furnished by the clerk of the municipality to allowed by su- 
 the prothonotary of the county, and thereupon the Supreme'"'™^ *^™'''' 
 Court at its next term may alter, disallow or confirm the 
 
 same. If not altered or disallowed at the next term they 
 shall immediately thereafter be in force. 
 
 11. Every sheriff and every jailer shall keep a copy of tobe'^°Ste'd'S°^ 
 the jail regulations posted in some conspicuous part of the 
 building, and the clerk of the municipality shall furnish 
 
 him therewith upon demand. 
 
 12. All persons arrested under warrants of justices of Persons arrested 
 the peace, charged with ofiences within the jurisdiction of g" ™on*flned"'^ 
 such justices, may be confined in lock-up houses ^^^^^i' ttu:^''com^ltion. 
 before or after conviction. 
 
 13. The municipal and town councils for the several Keepers of lock- 
 municipalities and towns shall appoint keepers of such appotated!' 
 lock-up houses, who shall be responsible for the safe 
 custody of prisoners. 
 
 14. The Lieutenant-Governor-in-Council may from covernor-in- 
 time to time make regulations in reference to the mode in SlkeregXaona 
 which prisoners confined in the common jails of the 
 
1S2 JAILS AND OTHER COUNTY BUILDINGS. [PART I. 
 
 Chap. 20. Province shall be secui-ed and kept, and may by such 
 regulations prescribe the diet of such prisoners and all 
 matters relating to their treatment during confinement, 
 including any precaution necessary to prevent the escape 
 of such prisoners, and may by such regulations direct or 
 authorize the employment upon any work or duty beyond 
 or in the limits of any common jail of any prisoner who is 
 sentenced to be imprisoned with hard labor in such jail or 
 who is therein confined for the breach of any law of 
 Canada or of the Province of Nova Scotia, or of any by- 
 law of any municipal corporation in the Province. 
 Prisoner to be 1.5. Evcrv such prisoner during such employment shall 
 &c.,''of jau™"^' be subject to all the rules, regulations and discipline of the 
 jail so far as practicable, and to any regulation made by the 
 Lieutenant-Governor-in-Council under the first section of 
 the Acts of Canada, 40 Victoria, chapter 36, section 1. 
 Prisoner to he 16. No such prisoner shall be so employed save under 
 supervision. ™'^ the strictest care and supervision of officers appointed to 
 
 the duty. 
 
 street, hisfhway, 17. Every street, highway or public thoroughfare of 
 
 &c.^, portion of g^jjy kind along or across which prisoners may pass in going 
 
 to or returning from their work, and every place where 
 
 they may be employed under this Chapter, shall while so 
 
 used be considered a portion of the jail for the purposes of 
 
 this Chapter, so far as the legislative authority of the 
 
 Province extends in this behalf. 
 
 Booiis of account 18. Every sheriff shall keep or cause to be kept by the 
 
 showing waaesia-iler of each jail books of account, shewing the amount of 
 
 earned by pris- ^agcs earned by the prisoners under his control, and each 
 
 oners, and to ren- ,'^.,«,., •^, ^ pi n 
 
 der accounts, sherift shall render an account ct the amount collected in 
 the same mahner as he is required to do with respect to 
 other sums of public money in his hands, in accordance 
 with the laws of this Province and in accordance with the 
 regulations to be made under this Chapter. 
 
 Sureties of sber- 19. Nothing in this Chapter shall diminish the duration 
 by tMs cifapto"! ^v extent of the responsibility of the sureties of any sheriff. 
 Parliament of 20. Nothing in this Chapter shall be construed to 
 Canada. relate to any matter in respect of which the competence to 
 
 ■ legislate is in the Parliament of Canada alone. 
 Inconsistent by- 21. Regulations made under the provisions of this 
 aws repeae . Q]^g^p|.gj. gjj^ll superccdc and repeal all by-laws of any 
 
 municipality which may be inconsistent therewith. 
 Sheriff to per- 22. When any person is or may be arrested the sheriff 
 re9ted''To°"ha"e ^^^^^ permit such person to have the liberty of the limits 
 liberty of limits designated for such iail, upon his giving the said sheriff a 
 bond. bond with two sufficient sureties in double the amount of 
 
 the sum for which he is in custody, in the following form 
 
 or to the like effect : 
 
TITLE v.] JAILS AND OTHER COUNTY BUILDINGS. 183 
 
 We, (here insert the names and additions of the Chap. 20. 
 
 obligors) are jointly and severally bound unto , Bond. 
 
 Sheriff of the County of in the penal sum of , 
 
 to be paid to the said sheriff, his successors or assigns. 
 
 Sealed and dated this day of , A. D. 18 — ■. 
 
 ^Yhereas the said sheriff hath permitted the said 
 
 being in his custody at the suit of • -, to 
 
 have the liberty of the limits of the jail of county. 
 
 Now the condition of the above obligation is that if the 
 
 said ■ shall not go out of the said limits or 
 
 escape at any time while he has such liberty then this 
 obligation to be void, otherwise to be in force. 
 
 Signed, sealed and delivered ) 
 in presence of j 
 
 For which bond the sheriff shall receive one dollar and i''*^" for '^°"'^ ^ii 
 
 1 , 1 . ^r 1 • 1 p pi'ovision for as- 
 
 no more, and the sherifi or his successor, at the request of sig-nment thereof 
 
 the plaintiff or his attorney, shall assign the same to the 
 
 plaintiff in the action by indorsement under his hand and 
 
 .seal. The plaintiff may if the bond be forfeited bring an piaintifis rem- 
 
 action thereon in his own name. In any action brought on'^'^^ °" ''"" ' 
 
 such bond the court or judge shall find a verdict for the 
 
 plaintiff for such sum only as they shall think right and 
 
 proper under all the circumstances of the case, unless it 
 
 shall appear that the defendant connived at the escape of 
 
 the prisoner from such limits, in which case they shall find 
 
 for the amount for which the prisoner was committed. 
 
 23. The provisions of the preceding section shall Provisions in 
 
 ,-,, ,,■' .. . j_ ^ ij! oase of imprison- 
 
 extend to all cases or imprisonment tor non-payment oiment for non- 
 a sum of money, except when the same is payable to the PuJ^J^^'joq" ^j,'' 
 Queen's Majesty, her heirs or successors, or where the 'E'^>=«p''«"^- 
 same is payable by way of fine or penalty upon summary 
 conviction, or where the imprisonment is for non-payment 
 of rates or taxes, or where by the law authorizing the 
 imprisonment the party is precluded from the benefit of 
 jail limits. 
 
 24. No sheriff or jailer shall be liable to an action for when sheriff to 
 escape where liberty of the limits is granted under the action forescape. 
 provisions of this Chapter unless the person to whom such 
 
 liberty is granted go beyond the limits with the connivance 
 of the sheriff. 
 
 25. Should the sheriff or his successor require a new New bond. 
 bond from any person on the limits the same shall be 
 given by such person as if he were in actual custody, and 
 
 on neglect such sheriff or his successor may commit such 
 person to jail. 
 
184 JAILS AND OTHER COUNTY BUILDINSS. [PART I. 
 
 Chap. 20. 26. Any person having the liberty of the limits may 
 Prisoner or sure- render himself or be rendered by his surety to prison in 
 umTtond':'''"'"" discharge of the limit bond. 
 
 In action on bond 27. In any action on such bond the defendants shall 
 liable for debt be liable for the full amount of the debt and costs for 
 PrOTiso*^ which the prisoner was arrested, provided that in any such 
 
 action the sureties shall be allowed to render their principal, 
 as in case of bail bonds, at any time before the time for 
 pleading has elapsed, or within such extended time for 
 pleading as the court or a judge may allow on cause shewn 
 under affidavit, and the sureties so rendering the principal 
 shall only be liable for such damages as the plaintiff has 
 actually sustained and for the costs incurred in such action ; 
 and the prisoner after he has been so rendered shall not be 
 entitled to the privileges of jail limits. 
 
title vi.] chukch of england^ 185 
 
 Chap. 21. 
 
 TITLE VI. 
 
 OF THE SUPPORT OF PUBLIC WORSHIP. 
 
 CHAPTER 21. 
 
 OF THE CHURCH OF ENGLAND. 
 
 1. No person shall officiate as a minister of the Church Ministers must 
 of England within the Province of Nova Scotia but such ^^itS^'by """ 
 as shall be duly licensed or instituted to the cure of souls B'shop, &o. 
 by the Bishop of the Diocese, having previously subscribed 
 
 to such declarations of assent and conformity to the 
 doctrines and discipline of the Church of England as may 
 be enjoined in England at the time of making such sub- 
 scription, except so far as they or any of them may be 
 contrary to or inconsistent with any canons or regulations 
 of the Provincial or Diocesan Synods. And no license or 
 institution shall be refused without the reasons therefor 
 being duly signified in writing and delivered to the applicant 
 within three months from the date of application for such 
 license or letters of institution. 
 
 2. The parishes already established shall remain as Parishes estab- 
 heretof ore, and when any church shall be erected for divine ariotHng.™"'''^"' 
 service according to the rites of the Church of England, 
 
 the Bishop of the Diocese may allot a district which shall 
 
 be the parish of such church. The Bishop may also divide B^hop may^f- 
 
 and sub-divide any parish now established, or hereafter to vide parishes. _, 
 
 be established ; but no parish shall be divided or sub- Pro«so. 
 
 divided unless on the application of a majority of the 
 
 parishioners present at any public meeting of the parish, 
 
 called for the consideration of such a measure, 
 
 3. When any rectory shall be vacant a meeting of the Election of reo. 
 parishioners shall be summoned either by the church 
 wardens or by any five parishioners, either by notice given 
 
 in the church, or churches if there be more than one, 
 during the time of divine service ; or if there be no public 
 service in the parish, then by notice affixed to the door or 
 doors of the church or churches, such notice to be given 
 in any case not less than fifteen nor more than thirty days 
 before the day of meeting, at which meeting a clergyman 
 in full orders of the Church of England, or of any branch 
 of the church in full communion with the Church of 
 England, may be elected rector by a majority of the 
 
186 CHURCH OF ENGLAND. [PAET I. 
 
 CJhap. 21. parishioners then present. A copy of the resolution 
 ~ containing the name of the person elected shall be forthwith 
 
 forwarded to the Bishop, attested by the signature of the 
 chairman and two other parishioners ; and the clergyman 
 so elected, when he shall have obtained the Bishop's Letters 
 of Institution, shall be inducted by the Bishop into the 
 said parish. If no election is made within twelve months 
 after the occurrence of a vacancy the Bishop shall be at 
 liberty to appoint a rector. 
 
 Annual meeting; 4. The rector, or clergyman officiating as rector, and 
 
 of parishioners. ,. .i. p •iin j_ n 
 
 the parishioners oi every parish shall meet annually on 
 Monday in Easter week, notice of the hour and place of 
 meeting having been first given by the rector or officiating 
 clergyman, at which meeting two church wardens and 
 twelve vestrymen shall be chosen by the parishioners. 
 And the rectors, with the church wardens and vestry so 
 elected, in all matters connected with the church and 
 persons usually attending its services and ordinances within 
 their respective parishes, shall have the like powers as 
 they have heretofore exercised in this Province. In the 
 absence of the rector, or clergyman officiating as rector or 
 as a duly licensed curate, the parishioners may at any 
 meeting elect their own chairman. Where there are two 
 or more churches in one parish the congregation of each 
 church, other than the parish church, may meet together 
 annually to appoint two chapel wardens, who subject to 
 the control of the rector, wardens and vestry, .shall have 
 the charge of said church or chapel ; and the exercise of 
 this riaht .shall not interfere with the right of the 
 parishioners included in the said congregation or congre- 
 gations to take part in the Easter meeting for the election 
 of church wardens and vestrymen for the whole parish. 
 
 Proceedings in 5. If in conscquencc of a vacancy or for any other 
 ing'^is^not'heui reason no Easter meeting shall be held in any parish, the 
 *°- church wardens and vestry of the previous year shall 
 
 continue in office, provided that any warden or vestryman 
 may resign his office by a notice in writing sent to the 
 Bishop or to his commissary administering the diocese, 
 who upon receipt of any such resignation shall communicate 
 the .same to the parochial authorities. In case of the 
 refusal to act of any person elected to the office of church 
 warden or vestryman, or of any vacancy or of vacancies 
 in either of the said offices (by death or resignation) the 
 vacancy or vacancies may be filled at a meeting held at 
 any time of the year, as hereafter provided after due notice. 
 Either at the Easter meeting, or if so ordered by the Easter 
 meeting at a meeting of the vestry held not later than 
 three weeks after the parish meeting or adjourned parish 
 
TITLE VJ.J CHURCH OF ENGLAND. 187 
 
 meeting, the outgoing wardens shall present their accounts Chap. 21. 
 and shall tiansfer to the newh' elected wardens the books 
 and all documents, moneys or other property belonging to 
 the parish which shall be in their possession. 
 
 6. The rector, church wardens and vestry of each parish Rector, chmch- 
 shall together be a body politic and corporate, with the vesuy't" be't 
 style of " The Rector, Wardens and Vestry of the Parish ^°.''5' ^'P"™'"' 
 of ," with power to sue and be sued, to receive 
 
 grants of rea'l and personal estate for the use of the church 
 and all parish purposes, to improve the same and receive 
 the rents thereof for the like use, and with the approval 
 of the Bishop to sell and convey such real and personal 
 property, and to have a common seal, and to make by- 
 laws and regulations consistent with the laws of the 
 Province for the management of the temporalities of their 
 ■church and the due and orderly conducting of their affairs. 
 Provided nevertheless that if at any time the parish be Proviso, 
 without a rector the same rights and privileges shall be 
 vested in the wardens and vestry until the appointment of 
 a rector, except so far as relates to the permanent alienation 
 of any property. All the real and personal property 
 belonging to any parochial corporation shall hereafter be 
 and become vested in the rector, wardens and vestry of 
 that parish in their corporate capacity, subject to any 
 existing: rights or trusts therein. 
 
 7. The outfroina; wardens of each parish shall prepare outeoi.ig war- 
 
 , .. 1 1 ■ p J^ •!• dens to make an 
 
 and submit to the annual meeting or the parishioners an nuai return of 
 a return of the property of the parochial corporation, ^'"'""^^ ' *^''' 
 whether real or personal, and of all moneys that may have 
 been invested by or on behalf of the corporation during 
 such year, and a schedule of the securities and the rate of 
 interest upon which such inve.stments have been made, 
 which return the incoming wardens shall within three weeks 
 forward to the resristrar of the diocese. If at any time Bishop may in- 
 
 ,1 T,. T 1 ° .IT ■ J. stitute certain 
 
 the Uishop has reason to believe in consequence oik„-ai proceea- 
 information received that the property of any parish is™-'* 
 not rightly administered he may institute legal proceedings 
 against the corporation or any officers of the said parish 
 through whose default or neglect any loss may have been 
 - occasioned. 
 
 8. The following persons shall be entitled to vote ^t P»'^ons entitled 
 all meetings of parishioners of any parish of the Church in-s of parisii- 
 of England: '"""• 
 
 o 
 
 (1.) Men of full age who are and who have been for 
 not less than six months communicants in the said parish, 
 
 (2.) Men of full age who are members of the Church of 
 England, habitually attending the services thereof within 
 -the parLsh for which they claim to vote, except when 
 
188 CHUHCH OF ENGLAND. [PART I, 
 
 Chap. 21. temporarily hindered by absence from their ordinary 
 residence, or any other unavoidable impediment, such 
 attendance having commenced not less than three months 
 previous to the day of meeting, being pew-holders . or 
 othervsrise contributors towards the funds for the main- 
 tenance of the ministrations of the said Church of England, 
 in any church or chapel, subject to the control of the 
 corporation of the said parish, and who are not more than 
 six months in arrear with respect to such . contributions, 
 provided always that an}'' pei'son before voting may be 
 required by the chairman of the meeting or by any 
 parishioner present to sign the following declaration : 
 
 "I do declare that I am a member of the Church of 
 England, and belong to no other religious denomination, 
 and am qualified as required by clause (2), section 8, of the 
 Church Act." 
 
 And also when not voting as a communicant to produce 
 a receipt or certificate from the church or chapel wardens, 
 or one of them, or the vestry clerk, showing that he is 
 such pewholder or contributor, and that he is not more 
 than six months in arrear, as aforesaid. The parishioners 
 may from time to time at any regular annual parish 
 meeting define what contribution shall be deemed necessarj'' 
 to qualify a person not a pewholder to vote at any subse- 
 quent meeting and the mode and time of payment of such 
 contHbution, provided that such definition of qualification 
 shall not take eflfect at any meeting held within six months. 
 
 Eector, wardens 9. The rector, or clergyman officiating as such, and ihe 
 meet as often as church Wardens and vestry may meet for the transaction 
 necessary. ^j busincss as often as occasion may require at the instance 
 of the rector or of the church wardens, or on the requisition 
 of the majority of the vestry made to the rector or church 
 wardens, a majority of the whole number of members of 
 the corporation being a quorum for the transaction of 
 business ; and the rector, or clergyman officiating as such, 
 church wardens, vestry and parishioneis may assemble for 
 all business connected with the parish as often as it may 
 be considered necessarj' either at the instance or upon the 
 application of the rector, or clerg\-man officiating as such^ 
 or the church wardens or the parishioners, provided that 
 ten at least of the latter sign a requisition to that effect, 
 notice of such meeting and of the business to be transacted 
 thereat having been given during divine service in the 
 parish church on some Sunday at least three days previously 
 by the minister of the parish, who shall give the required 
 notice whenever called upon as aforesaid, provided that 
 such notice shall be placed in his hands in writing at least 
 twenty-four hours before the time of giving notice. 
 
TITLE VI.] RELIGIOUS CONGREGATIONS. 189 
 
 10. All engagements for the salary of a minister, or for Chap. 22. 
 the temporary performance of divine ministrations, shall subscriptions, 
 be made by the church wardens and vestry, and any *"'•• "'"y ^^^ ™ed 
 subscription towards the payment of such salary or other 
 engagement may be sued for and collected by the said 
 
 church wardens. 
 
 11. No conveyance by lease or otherwise of any Leases, &c., of 
 parsonage held by a minister of the Church of England '^*''^™''°''' 
 shall be valid for a longer period than his own incumbency, 
 
 and no such conveyance of any property belonging to any 
 parish or held by any rector in virtue of his office shall be 
 valid for a longer period than as aforesaid unless with the 
 concurrence of the church wardens and vestry expressed in 
 writing under their common seal, and in no case for a 
 longer period than twenty-one years ; but with the con- 
 currence of the Bishop, the rector and the church wardens 
 and vestry full and absolute sale and conveyance may be 
 made of any glebe land or other real estate belonging to 
 the parish, if the same be thought for the interests thereof. 
 
 12. No person shall be elected a church warden or Qualification for 
 vestryman who is not qualified to vote at a church meeting 1™,^™. "'^ ^^^' 
 under clause eight. 
 
 13. The Lord Bishop of Nova Scotia may grant a Bishop may 
 license to officiate as a clergyman of the Church of England offldate"^^"s'^ '" 
 in this Province to any person who shall have been '^'"^'™''"- 
 admitted to the order of priest or deacon by any Bishop 
 
 of the Protestant Episcopal Church in the United States 
 of America, anything in the Act of the Imperial Parliament 
 of the 26th year of his late Majesty King George III., 
 cap. 84, to the contrary notwithstanding. 
 
 CHAPTER 22. 
 
 OF RELIGIOUS CONGREGATIONS AND SOCIETIES. 
 
 ] . When any number of persons not less than twenty, congregations 
 capable of contracting, desire to form themselves into a trastles^'na.mld', 
 congregation of Christians for the public worship of God "rovS'"'^"'^'^ 
 according to their peculiar rights and ceremonies, they 
 may by deed by them executed in the presence of two or 
 more witnesses, which shall be recorded in a book kept for 
 that purpose, constitute themselves such congregation and 
 adopt a suitable name therefor and declare the place where 
 the same is established and the particular denomination of 
 
190 KELIGIOUS CONGREGATIONS. [PART I.. 
 
 Chap. 22. Christians with whose doctrines such congregation is 
 
 ' connected ; and they may name two or more persons of the 
 
 congregation to be trustees thereof and give them a name- 
 
 of office, and describe in such deed by bounds the particular 
 
 situation of all lands conveyed to or in trust for the 
 
 congregation for all purposes connected therewith ; and 
 
 they may also set forth in such deed the constitution of 
 
 the congregation, the mode of admission of future members, 
 
 by' whom the right of voting at meetings shall be enjoyed, 
 
 how the votes shall be ascertained and given, the manner 
 
 in which vacancies in the trust shall be supplied, and 
 
 such other particulars as they may think proper. 
 
 Deedto 1 e re:/s- 2. The deed shall be duly registered in the office of 
 
 hmv vested''^' ^' the registrar of deeds for the county or district where the 
 
 congregation is established, and after its registry all the 
 
 lands described therein and all real and personal estate 
 
 granted to the congregation or to their use shall be vested 
 
 in the trustees named in the deed for the use of the 
 
 congregation, and after the death or removal of any trustee 
 
 or his becoming incapable to act shall vest in the succeeding 
 
 trustees, subject to the same trusts without any assignment 
 
 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. 
 
 Trustees to sue 3. Such trustccs in all cases concerning the real and 
 
 jesuet. 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. 
 
 Amount of real 4. Every congregation established under these pro- 
 
 tate to be"heid!^ visions may hold in the name of their trustees real estate 
 
 not exceeding the yearl}'- value of eight thousand dollars, 
 
 and personal property not exceeding in the whole at anj' 
 
 one time forty thousand dollars, and may use and dispose 
 
 of such real and personal estate as the congregation shall 
 
 deem expedient. 
 
 Meetinijs, how 5. The members of every such congregation may meet 
 
 may' be niiidewhen they shall think proper, and at such meetings by the 
 
 in|s^1iTe°"rt votes of the majority of the members present may make 
 
 corded. 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 
 
TITLE VI.] RELIGIOUS CONGREGATIONS. 191 
 
 change snch regulations as they may think proper, and Chap. 22. 
 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 superintend 
 the affairs of the congregation ; the time and place of 
 meeting shall be duly notified as prescribed by rules 
 therefor, and some fit person shall be chosen chairman at 
 every meeting, and all proceedings thereat shall be entered 
 in the books of the congregation and signed by. the chairman 
 and clerk of the meeting, and proof of such entry so signed 
 shall be deemed sufficient evidence of such proceedings and 
 of the regularity of the meeting. 
 
 6. Every person admitted a member of the congregation Mmnbeiship, 
 after the registry of the deed shall execute the same in the''"*"^"'""'''- 
 presence of two witnesses before he shall be deemed a 
 member. 
 
 7. All real estate which at the formation of any fs"', estate hew 
 congregation under this Chapter shall be held therefor cuted, hmv oon- 
 by any trustees not appointed under any act or deed of Sees.*" "^'^ 
 incorporation shall, by such trustees or their survivors, or 
 
 by such of them as then remain in this Province, be 
 conveyed to the new trustees named in the deed by their 
 name of office, and upon the conveyance being made and 
 registered all the estate and interest of the original trustees 
 or the survivors of them and their heirs s^hall be vested in 
 the new trustees to the use of the congregation as effectually 
 as if all the original trustees had joined in the conveyance. 
 
 8. Any religious society or congregation incorporated Provisions for 
 by special act of incorporation or by deed under the latioi'sfncorpor- 
 provisions of the act heretofore in force for such purpose lH^ ^^^ ^''avau 
 may avail themselves of the provisions of this Chapter, themselves of 
 provided the parties executing the deed comprise two-thirds 
 
 at least of the members 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 functions of 
 trustees by their individual names as such trustees ; and 
 upon the new deed being registered the former act or deed 
 of incorporation shall from thenceforth cease to be in 
 operation, and the property held thereunder shall vest in 
 the new trustees in accordance with the terms of the deed ; 
 but nothing herein contained shall affect the legality of any 
 proceedings regularly had under the former act or deed of 
 incorporation. 
 
 9. By the vote of the maioritv of the members of anv Real estate, how 
 
 r. , J I i- I ii " sold or disposed 
 
 congregation present at any regular meeting or the of. 
 congregation, the trustees for the time being shall sell, 
 mortgage, lease or convey any real estate of the congregation 
 for such estate, and on such term.s as the meeting shall 
 
192 RELIGIOUS CONGREGATIONS. [PART I. 
 
 Chap. 22. direct ; and every conveyance thereof executed by the 
 trustees for the time being and signed bj' the chairman of 
 the meeting which shall order such disposal shall be valid 
 in law to convey such estate in the lands therein described. 
 Sale of buiidinn 10. Whenever the congregation using any building for 
 wOTsh/'"^&c"''''°*'^® purpose of public worship may wish to dispose thereof 
 on account of the same having become dilapidated or 
 otherwise, and shall not have legal power to do so, the 
 proprietors of such building at a meeting held for the 
 purpose, after public notice thereof given in at least three 
 of the most public places within the settlement wherein 
 the building is situate, at least ten days previously, may 
 by a vote of three-fifths of the proprietors present at such 
 meeting appoint a committee of three of their number to 
 make sale of such building, and the committee shall sell 
 the same conformably to the instructions given at the 
 meeting and cause the removal thereof, and shall apply the 
 Proviso. proceeds of the sale as directed by the meeting; but no 
 
 meeting shall be valid for such purpose unless a majority 
 of the proprietors are present. 
 When vested in H- In case the building shall be vested in trustees 
 trastees. ^Jjq shall not have legal power to sell the building, the 
 
 same may be disposed of by a meeting of the persons for 
 whose benefit such building is held, called and constituted 
 as directed in the preceding section, and a majority of 
 three-fifths of the persons so interested present at the 
 meeting may empower the trustees or a committee to sell 
 the building and apply the proceeds. 
 
 s,aie of land not 12. Nothing herein shall authorize the sale of the land 
 authorized. qq -which any building so to be disposed of shall be situated. 
 
 cier^men or 13. Under the order of any such meeting or of a 
 
 whom^en' a ^ed EQseting of the church members, when by the provisions of 
 
 the deed of constitution or by the regulations of the 
 
 congregation the choice of a minister shall be vested in the 
 
 church members, the trustees may enter into agreements 
 
 in writing with any clergyman or minister whom the 
 
 congregation or church shall appoint to their spiritual 
 
 charge for such period and salary as shall be agreed upon. 
 
 Agreement to be 14. The trustees having agreed with any minister or 
 
 gregationbooks" clergyman, shall without delay cause the agreement to be 
 
 entered at length in the books of the congregation. 
 
 How funds pro- 15. The trustees for the time being, by the vote of the 
 
 d'efideiicy''^to"'™'^J°'"^''y °^ ^^^ members of the congregation at any such 
 
 meet engage- meeting shall, in cases where the funds at their disposal 
 
 are inadequate to the discharge of the claims upon them, 
 
 sue for and recover from members a ratable share to be 
 
 fixed according to the rules of the congregation, of such 
 
 amount or deficiency, by separate suit for their respective 
 
TITLE VI.J KELIGIOUS CONGREGATIONS. 193 
 
 rateable proportion of the whole amount against the Chap. 22. 
 respective surviving and solvent members of the congre- 
 gation or the representatives of deceased members liable to 
 such payment. 
 
 16. Any religious society incorporated by act of this society may ai- 
 Province or constituted by deed under the provisions of *'" "''"'''*""°"- 
 this Chapter may at any regular meeting held in accordance 
 
 vsrith their act of incorporation or deed of constitution 
 alter or amend their constitution or bye-lavsrs ; but the 
 constitution shall not be altered unless tvsro-thirds of the 
 members present at any general meeting concur in such 
 alteration. 
 
 17. An}' religious society or congregation not incor- Mode ot eonsti- 
 porated or constituted by deed under this Chapter may, at*" '"° ^°°"^'^' 
 any meeting of the congregation held in pursuance of a 
 
 notice stating the object of such meeting given at their 
 usual place of holding public worship during divine service 
 either by verbal announcement to the congregation or by 
 posting the same on the door of such place of worship for 
 three Sundays preceding such meeting, proceed to appoint 
 a chairman and secretary, and may upon the vote of two- 
 thirds of the male members of the congregation and of 
 adherents actually contributing to the funds thereof, above 
 twenty-one years of age, actually present, proceed to the 
 adoption of a declaration by resolution or otherwise to the 
 effect that they constitute themselves a religious congrega- 
 tion or society, and may at any such meeting or any May adopt con- 
 subsequent meeting called in the same manner proceed by faws,''°and"' ap- 
 the majority of votes to the adoption of such permanent p°'"'''™^'««»- 
 constitution and bye-laws not inconsistent with the laws 
 of this Province as they shall consider necessary, and may 
 appoint trustees and such other office-bearers as they shall 
 see fit and define their powers and duties, and may regulate 
 the terms of membership in the society or congregation. 
 
 1 8. The real and personal estate of the society or Estate vested in 
 congregation shall be vested in such persons as shall be 
 
 duly appointed trustees thereof by resolution of such 
 meeting, recorded in the books of the congregation, during 
 their continuance in office. 
 
 19. The officers appointed from time to time by the officers, powers 
 congregation or society shall be invested with all such "*'*''■ 
 powers for the holding and transference of the property 
 
 and management of the business of the congregation or 
 society as shall be conferred upon them by the constitution. 
 
 20. The constitution of the society may be altered by cons Jtution, 
 the vote of two-thirds of the members present at any'"'"''""'"*' 
 meeting of the congregation or society duly called as 
 
 14- 
 
194 RELIGIOUS CONGREGATIONS. [PART I^ 
 
 Chap. 22. hereinbefore mentioned. All other business of the society 
 not delegated to the office-bearers thereof shall be transacted 
 by the votes of the majority of members present at any 
 such regular meeting. 
 
 Proceedings for 21. Any religious society or Congregation of Christians 
 ^e """""'uot duly incorporated or constituted under this Chapter, 
 or if so incorporated or constituted not having power to 
 dispose of its place of worship for the purpose of erecting 
 a new place of worship, may at any regular meeting of the 
 society or congregation, by resolution of the majority of 
 two-thirds of the members present, authorize such persons 
 as they may appoint for the purpose to sell or otherwise 
 dispose of the place of worship of the society or congrega- 
 tion 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. 
 
 Episcopal cor- 22. Any episcopal corporation sole holding real estate 
 
 rearestate'.''"^^^^'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. 
 
 Appointment of 23. lu cases where real estate has" been or shall 
 trustees. hereafter 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 Gospel 
 or clergymen officiating or engaged to officiate for any 
 church or congregation of Christians, and the mode of 
 appointing new or other trustees than the grantees is 
 provided 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, if snay, shall 
 make or shall have made any deed or conveyance to the 
 newly-appointed trustee, in order to invest him with the 
 estate, functions, trusts and powers of the original trustees 
 under such deed or declai'ation of trust or instrument in 
 writing creating such trust and directing the appointment 
 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 grantees: 
 Provided that the terms or conditions for such appointment 
 are duly complied with. 
 
TITLE VI.] REPAIRS OF MEETING HOUSES. 195 
 
 24. Nothing herein contained shall affect any of the Chap. 23. 
 provisions of the Chapter "Of the Church of England," Not to affect 
 nor shall interfere with the spiritual government and};'^^''* °* ^"S" 
 discipline of any church further than may be provided for 
 in the deed or declaration under which the society or 
 congregation is constituted. 
 
 OHAPTEE 23. 
 
 OF ASSESSMENTS FOR REPAIRS OF MEETING HOUSES. 
 
 1. When funds are required for repairing, finishing, or Repairs of meet- 
 painting any meeting house or church, the proprietors lued °Tol' 'Ty 
 thereof, at a public meeting whereof notice shall have '^^*''^^"™'- 
 been previously given during the time of divine service at 
 
 such meeting house or church, on three several Siinda3's 
 may by vote of three-fifths of the proprietors present at 
 such meeting declare what repairs are necessary and the 
 amount required therefor, and may also nominate three or 
 more persons a committee to assess and apportion the sum 
 so voted on the several pews of the meeting house or 
 church, according to the relative size and value of such 
 pews, at an equitable rate ; of which assessment and appor- 
 tionment public notice shall be given by posting up the 
 same in some conspicuous place in the meeting house or 
 church and also on the door thereof for three successive 
 Sundays on which divine service shall be performed 
 thereat next after the making thereof. 
 
 2. If after such notice the persons interested in any of where assegg- 
 the pews shall not pay the sums assessed on such pews"e™s maybe'let 
 within three months thereafter, the committee, after notice '°''''''™'*^''''"^^ 
 having been given on the previous Sunday immed ately 
 
 after divine service, may proceed to let such peiws at 
 auction for such period, not exceeding ten years, as may 
 be sufiicient to pay the sum so assessed thereon respectively ; 
 or they may on giving the like notice let such pews from 
 year to year until the rate or assessment be fully paid, so 
 that such letting shall not extend beyond the term of 
 ten years. 
 
 3. The persons who shall so lease the pews shall be Posssgsion, how 
 put in possession thereof by the committee and shall have civeribiT" mode 
 the exclusive occupation thereof during the term of their °^ "'"''™'- 
 lease ; and the committee may sue for and recover the 
 
196 
 
 EEPAIES OF MEETING HOUSES. 
 
 [part I. 
 
 Further 
 ment. 
 
 Chap. 23. rent, and shall have power to hold or occupy such pews, 
 and to eject any person illegally in possession thereof. 
 
 4. If the money arising from the leasing of the pews 
 shall not amount to the assessment thereon, the committee 
 may make a new assessment in the same way as the 
 original amount is hereby directed to be assessed. 
 
 Chapter not to 6. Nothing in this Chapter shall extend to any church 
 ufnf ot'^wcs- or chapel belonging to or connected with the Church of 
 leyans. England, or to any meeting house belonging solely to the 
 
 denomination of Christians called Wesleyan Methodists. 
 
title vii.] medicine and surgery. 197 
 
 Chap. 24. 
 
 TITLE YII. 
 
 OF THE PUBLIC HEALTH. 
 
 CHAPTER 24. 
 
 OF PRACTITIONERS OF MEDICINE AND SURGERY. 
 
 1. The Provincial Medical Board shall consist of Provincial Medi- 
 thirteen regularly qualified medical practitioners of not less commuted. ^°^ 
 than seven years standing, seven nominated and appointed 
 
 by the Governor-in-Council and six 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. The Board shall have power and authority Board have 
 to take, receive, hold and enjoy real and personal property p°jJ[®'„j*°o°'^ 
 donated, given, granted, devised, bequeathed or otherwise property, 
 bestowed upon or conveyed to them, and shall hold the 
 same in each case in trust for such purpose.? as may be 
 mentioned by the donor ; and if no such purpose is so 
 mentioned, then the Board may mortgage, lease, or otherwise 
 dispose of any such property for the furtherance of the 
 objects of the Provincial Medical Board under this Chapter. 
 
 2. Every vacancy in such Board, whether caused by Fiiung of vacan- 
 death, resignation, removal from office or otherwise, shall °'°^ '" ^"^^ ' 
 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 thirteen members, 
 seven appointed by the Governor-in-Council and six by the 
 Nova Scotia Medical Society. In case of the dissolution 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 vacancy 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. Provided proviso, 
 that no person shall be capable of being appointed to such 
 Board who shall not have the qualifications prescribed in 
 the last preceding section. 
 
198 MEDICINE AND SURGERY. [PART I, 
 
 Chap. 24. 3. The Provincial Medical Board, or a majority of the 
 
 Appointment of members composing the same, shall appoint from time to 
 
 Secretary. j^jj^jg ^ 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 
 
 proceedings 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. 
 
 Secretary to be 4. The Secretary shall also be the Registrar of the 
 
 Lbry^^*'^"^ Provincial Medical Board, and shall be paid such salary 
 
 out of the moneys to be received as hereinafter provided, 
 
 as the Board shall, with the approval of the Governor-in- 
 
 Gouncil, determine. 
 
 Publication of 5. The Registrar of the Board shall, before the first day 
 
 egister. ^£ ^yg^gj. j^ every year, cause to be printed and published 
 
 in the Royal Gazette of this Province, and in such other 
 
 manner as the Board shall appoint, a correct register of 
 
 the names in alphabetical order according to the surnames, 
 
 with the respective residences (in the form set forth in 
 
 Schedule A to this Chapter, or to the like eflTect) and 
 
 medical titles, diplomas and qualifications conferred by 
 
 any college or body with the dates thereof of all persons 
 
 appearing on the register as existing on the thirtieth day 
 
 of June in such year; and such register shall be called 
 
 Copies af such " The Medical Register ;" and a copy of such register for 
 
 evKience. '° ^^ the time being, purporting to be so printed and published 
 
 as aforesaid, shall be primd facie evidence in all courts 
 
 and before all justices of the peace and othei-s that the 
 
 persons therein specified are registered accoi'ding to the 
 
 provisions of this Chapter ; and the absence of the name 
 
 of any person from such copy shall be prima facie evidence 
 
 that such person is not registered according to the provisions 
 
 of this Chapter. Provided always that in the case of any 
 
 person whose name does not appear in such copy, a certified 
 
 copy, under the hand of the Registrar of the Board, of the 
 
 entry of the name of such person on the register, shall be 
 
 evidence that such person is registered under the provisions 
 
 of this Chapter. 
 
 amfnation"^^ ^^' ^' Hereafter no person shall begin or enter upon the 
 study of physic, surgery, or midwifery, for the purpose of 
 qualifying himself to practise the same in this Province, 
 unless he shall have obtained from the Provincial Medical 
 Board a certificate that he has satisfactorily passed a 
 matriculation or preliminary examination in the subjects 
 specified in Schedule B to this Chapter. 
 
 Qualification for 7, No Candidate shall be admitted to sucli matriculation 
 
 matnculation ex- t • . ,. i i i n t i i 
 
 amination. or preliminary examination unless he shall have at least 
 fourteen days previous to such examination given notice to 
 
must be 
 in regis- 
 
 TITLE VII.J MEDICINE AND SURGERY. 1D9 
 
 ihe Registrar of the Board of his intention to present Chap. 24. 
 himself for such examination, and transmitted to the ~ 
 Registrar a certificate showing that he has completed his 
 sixteenth year ; and shall before the examination have paid 
 a fee of ten dollars to the Registrar. 
 
 8. Subject to the exceptions hereinafter made no person Practitioners 
 shall practise physic, surgery or midwifery in Nova Scotia, "nSred""^ 
 unless his name shall be registered in the book of registry *^^g^°°pj.j,™"jjj" 
 of the Provincial Medical Board, and unless he shall have 
 received from such Board a license to practise. 
 
 9. No person shall be entitled to have his name entered Qualification for 
 on the register of the Provincial Medical Board or toca^registerhis 
 receive a license to practise from such Board unless he "uJ-e^ liceilse'^to 
 shall satisfy the Board that he has passed the matriculation practise. 
 
 or preliminary examination ; that after passing such exam- 
 ination he has followed his studies during a period of not 
 less than four years, (one of which may be under the 
 direction of one or more general practitioners duly licensed) ; 
 that during such four years he has attended, at some 
 University College or Incorporated School of Medicine in 
 good standing courses of lectures amounting together to. 
 not less than twelve months, on general Anatomy, on 
 practical Anatomy, on Surgery, on the Practice of Medicine, 
 on Midwifery, on Chemistry, on Materia Medica, and 
 Pharmacy, and on the Institutes of Medicine or Physiology, 
 and one three months' course of Medical Jurisprudence ; 
 that he has attended the general practice of an thospital, 
 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 pei'iods 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 subjects of the course, obtained a 
 degree or diploma from such University, College or Incor- 
 porated Medical School, or for want of such degree or 
 diploma that he has satisfactorily passed an examination 
 in the various branches hereinbefore specified, before 
 ■examiners to be appointed by the Provincial Medical Board ; 
 that he is not less than twenty-one years of age ; and that he 
 has paid to the Registrar of the Board a fee of twenty dollars. 
 Provided that the Provincial Medical Board shall have Proviso. 
 power, subject to the approval of the Governor-in-Council, 
 to make such alterations in the foregoing curriculum as 
 may from time to time be required. 
 
 10. The last preceding section shall not apply to any Last preceding 
 person in actual practise, and duly registered under the f^pl°\ "certain 
 provisions of Chapter 56 of the Revised Statutes, Third <^='s^s- 
 
200 MEDICINE AND SURGERY. [PART I. 
 
 Chap. 24. 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 such 
 
 section, any person upon producing to the Provincial 
 
 Medical Board conclusive evidence that he has passed a. 
 
 Matriculation or Preliminary Examination such as is required 
 
 by this Chapter for persons beginning their medical studies 
 
 in Kova Scotia ; that he has, befoi-e graduating or taking a 
 
 diploma, studied for at least four years in the manner 
 
 provided in section 9 of this Chapter, or pursued what the 
 
 Board shall deem an equivalent course of study ; and has 
 
 passed a final examination in the subjects of such course ; 
 
 or for M'ant of any of such requisites shall have fulfilled 
 
 such conditions as the Board may determine, and shall pay 
 
 a fee of twenty dollars, shall be entitled to be registered 
 
 and to receive a license to practise. 
 
 ^ereoM°who™al ^^- Notwithstanding anything to the contrary in this 
 
 begun medical Chapter Contained, any person who shall have begun his 
 
 of May, i88o,"ha8 medical studies before the first day of May, 1880, and who 
 
 tricuiatbm "^ ^^^ othei^wisc Complied with the requisites of this Chapter, 
 
 shall, notwithstanding that he may not have passed the 
 
 matriculation or preliminary examination required by this 
 
 Chapter, be entitled to be registered and receive a license to 
 
 Such person to practisc ; provided that such person shall apply for such 
 
 of'Sa^nuary,'^i885. Hcensc and registration before the first day of January, 
 
 A. D. 1885, after which date this section shall cease and 
 
 Kegistratioji of determine. Any per,son obtaining registration under this 
 
 such person. i n i ,i p , n i ." , ^ . i 
 
 section shall have the tact recorded in the omcial register, 
 that he has been so registered without having passed such 
 matriculation or preliminary examination, and any certifi- 
 cate or announcement written or printed and published of 
 such registration issued by the Registrar of the Medical 
 Board shall explicitly state that fact. 
 
 dutils^f Pr"o"^ -^^^ "^^^^ Provincial Medical" Board shall have power 
 
 vinciai Medical and it shall be their duty — 
 
 1°. To elect a President and such other officers, includ- 
 ing the Secretary and Registrar hereinbefore provided for,. 
 as may be necessary to the working of this Chapter : 
 
 2°. To regulate the study of Medicine, Surgery and 
 Midwifery; by making rules not inconsistent with this 
 Chapter, with regard to the preliminary qualification, 
 course of study to be followed, the final examination, and 
 the nature of the evidence to be produced before the Board 
 upon these subjects : 
 
 3°. To appoint fit and proper persons to conduct the 
 preliminary or matriculation examination ; to decide upon 
 the times for holding such examination; and to fix the 
 remuneration, if any, to be paid to such examiners : 
 
TITLE VII.] MEDICINE AND SURGERY. 201 
 
 4°. To examine all degrees, diplomas, licenses and Chap. 24. 
 other credentials presented or given in evidence under this * 
 
 Chapter, for the purpose of enabling the owner to practise 
 in Nova Scotia ; and to oblige the owner of such credentials 
 to attest on oath or by affidavit that he is the person 
 whose name is mentioned therein, and that he became 
 possessed thereof honestly : 
 
 5°. To cause every member of the profession practising 
 in Nova Scotia to enregister his name, age, place of residence, 
 place of nativity, the date of his license or diploma, and 
 the place where he obtained it in the register of the Board : 
 
 6° To make orders, regulations and by-laws for 
 regulating the registers to be kept under this Chapter : 
 
 7°. To make all such rules, regulations and by-laws 
 for carrying this Chapter into effect as to the Board shall 
 seem proper or necessary ; which rules, regulations and 
 by-laws shall not be inconsistent with this Chapter ; and 
 may be disallowed 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 appointed 
 as such examiners. 
 
 13. The rules and regulations (if any) as to the times ^uiesjo remain 
 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 lawfuP^'^'^t'^s^- 
 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 Moneys. 
 Board shall be paid to the Treasurer, and shall be applied 
 
 to carrying this Chapter into execution. 
 
 1.5. It shall be the duty of the Registrar to keep his P"ty of the Eeg- 
 register correct, in accordance with the provisions of this 
 Chapter, and the rules, orders and regulations of the 
 Provincial Medical Board, and to erase the names of all 
 
:202 MEDICINE AND SURGEBY. [PART I. 
 
 Chap. 24. registered persons who shall have died; left 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 
 qualifications of the persons registered under this Chapter. 
 Provided 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 eflfect. 
 
 ■Persons entitled, 16. Any person entitled to be registered under this 
 
 be rejsteredf " 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. 
 
 iPersons adopting 17. No person, otherwise fully qualified under this 
 
 adopt' 'the"^prac° Chapter, shall be refused registration or a license to practise 
 
 ticuiar'theorrof ^'^ account of his adopting or refusing to adopt the practice 
 
 medicine. of any particular theory of medicine or surgery. In case 
 
 of such refusal by the Board the party aggrieved shall 
 
 have the right to appeal to the Governor-in-Council, who, 
 
 upon due cause shown, shall issue an order to the Board 
 
 to register the name of such person and to grant him a 
 
 license to practise. 
 
 Qualification 18. No qualification shall be entered on the register, 
 
 witiTnanie? either on the first registration or by way of addition to a 
 registered name, unless the Registrar shall be satisfied by 
 the proper evidence that the person claiming is entitled to 
 it, and any appeal from the decision of the Registrar may 
 be decided by the Board, and any entry which shall be 
 proved to the satisfaction of the Board to have been 
 
 Fraudulent en- fraiidulently or incorrectly made may be erased from the 
 
 -craaed"'°'^ ^^ register by order in writing of the Board. 
 
 Practitioner con- 19. Auv medical practitiouer who shall have been 
 &i'.'''^°''"°"^' convicted of any felony in any Court, or shall after due 
 inquiry be judged by the Board to have, been guilty of 
 infamous conduct in any professional respect, shall thereby 
 forfeit his right to registration, and if registered, his name 
 shall, by the direction of the Provincial Medical Board, be 
 erased from the register. 
 
 Persons obtain- 20. Every persou registered under this Chapter who 
 thin'that re^fs- may have obtained any higher degree or qualification other 
 tered. than the qualification in respect of which he may have 
 
 been registered, shall be entitled to have such higher 
 degree or additional qualification inserted in the register 
 in substitution for or in addition to the qualification 
 previously registered on the payment of such fee as the 
 Board may appoint. 
 
•TITLE VII.J MEDICINE AND SURGERY. 203 
 
 21. Every person who shall be registered under the Chap.- 24. 
 provisions of this Chapter shall be entitled according to persons 7^- 
 his qualification or qualifications to practise Medicine, *?^;f''jyjj;;^^'';, 
 Surgery and Midwifery, or either or any of them as the case 'ees at law. 
 may be, in Nova Scotia, and to demand and recovei'in any 
 
 court of law reasonable charges for professional aid, advice ' 
 
 and visits, and the cost of any medicine or other medical 
 or surgical appliances rendered or supplied by him to his 
 patients. 
 
 22. No person shall be entitled to recover any charge Peisuns not ng- 
 
 , t* 1 (• Ti 'ii- istered cannot 
 
 m any court oi law tor any medical or surgical advice, or recover charges. 
 for attendance, or for the performance of any operation, or 
 for any medicine, or any other medical or surgical 
 appliances, which he shall have both prescribed and supplied, 
 unless he shall prove upon the trial that he is registered • 
 under this Chapter. Provided always that this clause is Proviso. 
 not intended to interfere with the sale by qualified druggists 
 or chemists of articles properlj'- belonging to their business. 
 
 23. The words " legally qualified medical practitioner " J'^Sf,^'™ °^ 
 or " duly qualified medical practitioner " or any other 
 
 words importing a person recognized by law as a medical 
 practitioner or member of the medical profession when 
 used in any Act of the Legislature or legal or public 
 document, shall be construed to mean a person registered 
 under this Chapter. 
 
 24. No person shall be appointed as medical officer, n« o"e to be ap- 
 physician or surgeon m any branch oi the public service medicai officer 
 or in any hospital or other charitable institution unless he""''' ''^s'^**''^'^- 
 be registered under the provisions of this Chapter. 
 
 25. No certificate required by any Act now in force or certificate not 
 
 , 1 , 1 ,-, 1 If 1 • • ^'"'"^ unless per- 
 
 that may hereafter be passed from any physician or surgeon son signing is 
 or medical practitioner shall be valid unless the person"'"'"''"^- 
 signing the same shall be registered under this Chapter. 
 
 20. If any person not registered or licensed under t'ieP™»'t»jj.fOTprac- 
 provisions of this Chapter practises Physic, Surgery or out registration. 
 Midwifery for hire, gain, or hope of reward, or wilfully or 
 falsely pretends to be a physician, doctor of medicine, 
 surgeon or general practitioner, or takes or uses any name, 
 title, addition or description implying or calculated to lead 
 people to infer that he is registered under this Chapter, or 
 who professes by public advertisement, card, circular, sign 
 or otherwise to practise Physic, Surgery or Midwifery or 
 to give advice therein, or in anywise to lead people to infer 
 that he is qualified to practise Physic, Surgery or Midwifery 
 in this Province, he shall forfeit and pay the sum of twenty 
 dollars for each day that he so practises or leads people to 
 infer that he is practising. 
 
204 MEDICINE AND SURGERY. [PART I. 
 
 Chap; 24. 27. Any sum forfeited under the next preceding- 
 Penaity, how scction shall be recoverable with costs, and may be sued 
 IppUcT*^ ™'^ ^°^ ^^^ recovered in the same manner as a private debt by 
 the Provincial Medical Board or any registered practitioner 
 in any of the courts of the Province having jurisdiction in 
 actions of assumpsit to the extent of eighty dollars or 
 upwards, 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 profes- 
 sion such person shall be entitled to receive one-half of the 
 sum so recovered. 
 Defendant must 28. Upon the trial of sucli cause the burden of proof 
 practise?"*' '" ^s to the liccnse or right of the defendant to practise 
 Physic, Surgery or Midwifery in Nova Scotia shall lie^ 
 upon the defendant. 
 Fine to be paid 29. If the Registrar make or cause to be made any 
 makin^Mse'en- 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 
 practising illegally. 
 Fine for person 30. If any pcrson shall wilfully procure or attempt to 
 tlmptTnltCyo- procure himself to be registered under this Chapter, by 
 bTlaiseh'^'reo-il"- '^^^^'^S ^^ producing Or causing to be made or produced 
 tered. ' any false or 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 dollars, to 
 be recovered as a private debt as hereinbefore provided. 
 Fine for person 31. Any person who shall wilfully and falsely pretend 
 fn'r'to te^rlgis" to be or take or use any name, title, addition or description 
 tered. implying that he is registered under this Chapter, shall 
 
 forfeit and pay a sum not exceeding one hundred dollars, 
 to be sued for, recovered and appropriated as provided in 
 section 27. 
 No suit after one 32. No suit shall be Commenced under this Chapter 
 ''''"''■ after one year from the date of the offence or cause of 
 
 action. 
 
 Females may 33. Nothing in this Chapter shall prevent any 
 
 Sry!" ™' competent female from practising midwifery in Nova. 
 
 Proviso as to Scotia, except that any such female must satisfy the 
 
 1 y o a 1 ax. pj.Qyj]^(,jg^j Medical Board of her competency and obtain a 
 
 certificate from the Registrar to that eiffect before she can 
 
 lawfully practise as aforesaid in the City of Halifax. 
 
 This ciiapter not 34. Nothing in this Chapter shall prevent any person^ 
 
 persmr'^'eiv'ii'ig f rom giving necessary medical or surgical aid or attendance 
 
 certafn'ca^s'es "" *° ^^^ '^^^ ^^ Urgent need of it, pi'ovided that such aid or 
 
 attendance is not given for hire or gain, nor the giving of 
 
TITLE VII.] MEDICINE AND SJEGERY. 205 
 
 it made a business or way of gaining a livelihood by such Chap. 24. 
 person. 
 
 35. The members* of the Provincial Medical Board ^o™^of^o^ffiTO of 
 appointed by or on behalf of the Governor-in-Council shall vindarBoard.'" 
 hold office during good behaviour or until voluntary resig- 
 nation, and the members appointed by or on behalf of the 
 
 Nova Scotia Medical Society for three years from the date 
 of appointment, or until voluntary resignation before the 
 expiration of such three years. Provided that it shall be Proviso. 
 lawful for the Governor-in-Council to remove any member 
 of the Provincial Medical Board upon an address of three- 
 fourths of such Board and due cause shewn. 
 
 36. Every person resident in the Province, and who Persons practis- 
 shall have practised therein previous to the first day of prlvio"us^to"850 
 January, A. D. 1850, shall on proof of that fact have hisj^^^^'jj ^^^ "s*^" 
 name registered and receive a license to practise under this 
 Chapter. 
 
 37. Any person while employed on actual service in ^fav.■ll and jiiii- 
 Her Majesty's naval or military service as physican or g^'^^„^^^Q™'^,',^|J? 
 surgeon may practise Physic, Surgery or Midwifery inpv*<^t'se in pro 
 Nova Scotia, with registry or license. 
 
 38. The Provincial Medical Board shall hold a meeting Annual meetings 
 in the City of Halifax every year, at which annual meeting cLd^n^f &c.^™ 
 they shall have power to appoint examiners, fix the times 
 
 of examinations and transact all business arising out of 
 this Chapter ; and any such meeting may be continued by 
 adjournment from day to day until the business before the 
 Board be finished, but no such meeting shall be so continued 
 by adjournment beyond the Saturday of the week in which 
 the sitting commences. The Board shall also have power 
 and it shall be their duty to hold such other meetings as 
 may be necessary, at M'hich meetings they shall have the 
 powers and duties herein conferred and imposed upon the 
 Board at the annual meetings. 
 
 39. The books and accounts of the Board shall at all Books, &c , open 
 times be open to the examination of such persons as the '° «'''™"i='t>°"- 
 Governor-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. 
 
 40. The Provincial Medical Board shall, immediately FiiiinK vacancies 
 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 of those bodies, and shall also 
 notify either of such bodies of any other business requiring 
 the attention of the same under this Chapter. 
 
206 
 Chap. 25. 
 
 DRUGS AND MEDICINES. 
 
 SCHEDTJLES. 
 
 [part I, 
 
 
 
 A. 
 
 
 NAME. 
 
 AGE. 
 
 RESIDENCE. 
 
 QUALIFICATIONS. 
 
 A. B. 
 CD. 
 
 23 
 
 29 
 
 Halifax. 
 
 Windsor, Hants 
 Co. 
 
 M.D. College of Phy- 
 cians, New York^ 
 12th July, 1864. 
 
 L. R. C. S. E., 1862. 
 
 
 
 
 
 B. 
 
 Uniform standard of Matriculation or Preliminary 
 Exa,mination established undpr this Chapter. 
 
 Compulsory : English Language, including Grammar, 
 composition and writing from dictation; Arithmetic, includ- 
 ing vulgar and decimal fractions and the extraction of the 
 square root; Algebra to the end of simple equations; 
 Geometry, — first three books of Euclid ; Latin, one book, — 
 translation and grammar ; Elementary mechanics of solids 
 and fluids. 
 
 And one of the following optional subjects : History of 
 England, with questions in Modern Geography; French 
 translation ; German translation ; one Greek book ; History 
 of Nova Scotia ; History of the Dominion of Canada. 
 
 CHAPTER 25. 
 
 Board of Exam- 
 iners. 
 
 OF THE SALE OF DRUGS AND MEDICINES. 
 
 1. There shall be a board of examiners consisting of 
 five persons, to examine into the qualifications for selling, 
 dealing in, compounding and dispensing drugs and medicines 
 of such persons as shall from time to time desire to be 
 examined and registered under this Chapter. Two of the 
 examiners shall be appointed by the Provincial Government 
 and three by the Pharmaceutical Council of the Nova 
 Scotia Pharmaceutical Society, a body corporate under 
 
TITLE VII.J DEUGS AND MEDICINES. 20T 
 
 and by virtue of Chapter 11 of the Acts of the Legislature Chap. 25. 
 of Nova Scotia for the year One Thousand Eight Hundred 
 and Seventy- Six. Every appointment of an examiner 
 shall be for three years. 
 
 2. The board of examiners shall meet at least once in Examinations,. 
 every year for the purpose of examining candidates for 
 registration and granting diplomas. Due notice of all such 
 meetings shall be given by advertisement in one or more 
 
 public newspapers in the City of Halifax. Every candidate 
 for examination shall satisfy the council that he has served 
 as assistant in a drug store for not less than three years, 
 and during at least one of those years has been employed 
 in the dispensing of prescriptions. He shall before his 
 examination pay to the Registrar a fee of five dollars. 
 Any person failing to pass the examination may be 
 re-examined without further payment of fees ; but no 
 person shall be entitled to a re-examination until after the 
 lapse of at least six months from the date of his last 
 examination. Every person passed by the board of 
 examiners shall upon payment of a further sum of five 
 dollars receive a diploma and shall be entitled to be regis- 
 tered and to become a member of the Society at any time. 
 The council may at their discretion accept the diploma of 
 any other competent examining body as sufficient evidence 
 of qualification, and may thereupon issue their certificate. 
 
 3. The Registrar shall make and keep a register of f^''^^**""'"'™^' 
 persons who are members of the Society, and shall revise 
 
 the same annually on or about the first day of January, 
 and publish the revised and corrected list in the month of 
 January in every year in the Royal Gazette. He shall 
 receive examination and registration fees as provided 
 elsewhere in this Chapter, and pay over the same to the 
 Treasurer for the general uses of the Society ; and shall 
 give certificates under the seal of the Society to persons 
 entitled to them. 
 
 4. Every member shall upon his registration (except ^'^^ '''°"' '"«■"■ 
 holders of the diploma of the Society as hereinafter 
 mentioned) and thereafter on or before the thirty-first day 
 
 of December in every year pay to the Registrar such fee, 
 not exceeding four dollars, as the council may determine, 
 and upon every such payment shall receive a certificate 
 under the seal of the Society. Any member failing to 
 make any such payment shall forfeit his place upon the 
 register and .shall cease to be a member of the Society, but 
 his name may be replaced at the discretion of the council 
 on payment of arrears of fees. Every holder of the 
 diploma of the Society shall be entitled to a first certificate 
 of registration without fees. Every member doing business 
 
208 DRUGS AND MEDICINES. [PART I. 
 
 Chap. 25. as a drug^gist on his own account shall display his certificate 
 
 ' ~" in a conspicuous position in his place of business. 
 
 Annual meeting, 5. A general meeting of the Society shall be held 
 
 when held. annually in the City of Halifax on such day in the month 
 
 of June as the council shall appoint for the transaction of 
 
 such business as may be required, and at every such annual 
 
 Election of mem- general meeting six members of the Society shall be elected 
 
 ^ers irtui , ^^ ^^ members of the council to serve for two years in the 
 
 room of six members of the council whose term of office 
 
 shall then expire, and any vacancy or vacancies which may 
 
 then exist in the council shall be filled by the election of a 
 
 member or members to serve for one year. Retiring 
 
 members shall be eligible for re-election. Persons entitled 
 
 to vote at any meeting of the Society shall be persons 
 
 who, at the time of holding such meeting are upon the 
 
 register of the Society, and no others. 
 
 Authority of Q The couucil shall have authority to prescribe the 
 
 subjects upon which candidates for registration shall be 
 examined and to make by-laws, rules and orders for the 
 holding and regulation of such examinations — and generally 
 in connection therewith, for the regulation of their own 
 meetings and proceedings and those of the Society, and for 
 the appointment and remuneration of the examiners and 
 officers of the Society, and in respect to any other matters 
 which may be requisite for the carrying out of this 
 Chapter. Such by-laws, as well as all rules or regulations 
 made or prescribed for the examination of candidates shall 
 not go into operation until sanctioned by the Governor-in- 
 Council. 
 
 It shall he unlaw- 7. It shall be uulawful for any person to sell or attempt 
 son not register- ^o Sell Or havc cxposcd f Or salc oi' keep open shop for retailing, 
 -tered to dispense dispensing or compounding anv of the druos or medicines 
 
 medicmes, &c. ^ I'l inn < "i • /-^i i . i 
 
 named m the schedule A to this Chapter or which may 
 hereafter be added to such schedule by authority of the 
 Governor-in-Council upon the recommendation of the Phar- 
 maceutical Council, or to assume or use the title chemist and 
 druggist, or chemist or druggist, or pharmacist, or pharma- 
 ceutist, or apothecary, or dispensing chemist or druggist in 
 any part of this Province, unless such person shall be regis- 
 tered under this Chapter and unless such person shall have 
 taken out a certificate under the provisions of the fourth 
 section for the time during which he is selling or keeping open 
 shop for retailing, dispensing or compounding such drugs, 
 or medicines, or assuming or using any of such titles. 
 Proviso. Provided that this section shall not apply to nor prevent 
 
 the sale of any such articles by wholesale in market 
 packages, nor of any of the articles commonly known as 
 patent medicines. 
 
TITLE VII.J i)EUGS AXD MEDICINES. 209 
 
 8. The Pharmaceutical Council, with the concurrence Chap. 25. 
 of the Chairman of the Provincial Medical Board, may Addition to 
 from time to time by resolution declare that any poisonous ®**"^"'«' 
 
 or dangerous drugs or medicines mentioned in such 
 resolution ought to be added to the Schedule A of this 
 Chapter, and may recommend that such articles be added 
 to such schedule accordingly, and such recommendation 
 shall go into force and effect when and so soon as it shall 
 have been approved by the Governor-in-Council and 
 published in the Royal Gazette for the space of one month. 
 
 9. Any person transgressing any of the provisions of Penalties. 
 the seventh section of this Chapter shall on summary 
 conviction before a justice of the peace for the first offence 
 incur a penalty not exceeding ten dollars and costs of 
 prosecution ; and for every subsequent offence shall on 
 summary conviction before a justice of the peace incur a 
 penalty of twenty-five dollars and costs of prosecution. 
 Every such penalty when collected shall be paid to the 
 treasurer for the general purposes of the Society. 
 
 10. In any prosecution under this Chapter it shall be Proof on teiiaif 
 incumbent upon the defendant to prove that he is entitled prosSion." '° 
 to sell or keep open shop for compounding and dispensing 
 
 drugs and medicines and to assume and use the title of 
 chemist and druggist, or other titles mentioned in the seventh 
 section of this Chapter ; and the production of a certificate 
 purporting to be under the hand of the Registrar of the 
 Society showing that he is so entitled shall be prima facie 
 evidence that he is so entitled. 
 
 11. No person selling articles in violation of this saiea in violation 
 Chapter shall recover any charges in respect thereof inanyfnvaia! ^''^'''" 
 court of law or equity. 
 
 12. All legally registered medical practitioners are Medical practi- 
 exempted from the operation of this Chapter. . ed. 
 
 13. Notwithstanding anything contained in the Act Entitled to the 
 for the "Publication of the Consolidated Statutes," Chapter ^^^i'dldn™^'*'"' 
 11 of the Acts of 1876, entitled the "Nova Scotia 
 Pharmacy Act," so far as the same is not embodied in this 
 Chapter, shall continue in force. 
 
 SCHEDXJLE. 
 
 A. 
 
 Acids: Carbolic, muriatic, nitric, oxalic, hydrocyanic or 
 
 prussic. 
 Aconite and its preparations. 
 15 
 
210 DRUGS AND MEDICINES. [PART I. 
 
 Chap. 25. Aconitia. 
 
 Antimony, tartarized or tartar emetic. 
 
 Arsenic, and its compounds and preparations. 
 
 Atropia and its salts. 
 
 Belladonna, and its preparations. 
 
 Cantharides and its tincture. 
 
 Chloroform. 
 
 Chloral-hydrate and croton chloral-hydrate. 
 
 Chloride of Zinc. 
 
 Conium and its preparations. 
 
 Conia. 
 
 Colchicum and its preparations. 
 
 Creosote. 
 
 Croton Seeds and their oil. 
 
 Cyanide of Potassium and all other cyanides. 
 
 Digitalis and its preparations. 
 
 Digitaline. 
 
 Elaterium. 
 
 Ergot and its preparations. 
 
 Essential Oils of bitter almonds, cedar, rue, savin and tansy. 
 
 Ether. 
 
 Euphorbium. 
 
 Goulards extract of lead. 
 
 Henbane and its preparations. 
 
 Hellebore, black, white and green, and their preparations. 
 
 Indian hemp and its preparations. 
 
 Iodine and its preparations. 
 
 Mercury, all poisonous compounds of, including corrosive 
 
 sublimate, red and white precipitates, and iodides of 
 
 mercury. 
 Morphia and its salts and preparations. 
 Nux Vomica and its preparations. 
 Opium and its preparations, except paregoric. 
 Pink root. 
 Phosphorus. 
 Podophyllin. 
 
 Savin and its preparations. 
 Santonine. 
 Scammony. 
 St. Ignatius' beans. 
 Stramonium and its preparations. 
 Strychnia and its salts and preparations. 
 Veratria and all poisonous vegetable alkaloids and their salts. 
 
■'I'lTLE Til.] BOARDS 0^ HEALTfi. 211 
 
 ' OflAP. 26. 
 
 iJHMTER 26. 
 
 Of SaAETDS O:^ 'HEALTH AN-D INiFECTlOUS DISEASES. 
 
 1. The 'Gov6fnor-in-Co(incil may from time to time sanatoryOTdere 
 i-make sanatory ordei-s and 'the same rev-eke, 'renew, alter or tL Governorii> 
 vary, for the ■pre'vention of infectious or contagious diseases, "^°""°''' 
 
 for the relief of persons suffering 'thereunder, and for the 
 dnterment-of persons who may have died thereof ; and such 
 orders -may -be enforced by penalties therein expressed, not 
 to exceed four .hundred dollars for any one offence, .and 
 ■shall be notified 'by proclamation or be published in the 
 ■Royal Gazette.; and the production of any such proclamation 
 -or publication shall be -evidence of the makings date and 
 -contents of such order. 
 
 2. The Governor-in-CouEcil may appoint in any place Boards of health" 
 or district in this Province a Board of Health for carrying *"""■ ■^pp*"*«'»- 
 such sanatory orders into effect, and may prescribe the 
 
 other -duties of such boards, and in case of vacancies 
 therein may ffll the same by new appointments, and ^hall 
 ^prescribe the limits of the district within which each such 
 board shall exercise its ^powers. Any member of the board penalty for non- 
 after beiijg duly summoned by the chairman to a meeting '■"°"''*™^- 
 who shall fail to attend sharll be liable to a penalty of not 
 exceeding five dollars for each failure, to be recovered as a 
 debt before any justice of the peace by aijyone who shall 
 sue therefor. 
 
 3. The Municipal Councils -of the several municipalities Appointment of 
 -throughout the Province, and the City Council in the City and their duties. 
 •of Halifax, may from time to time appoint health wardens 
 
 for the said city and for the several townships and districts, 
 who in the day time may enter and examine ail houses, 
 buildings and places, and all vessels and boats, and report 
 *heir condition to the Boards of Health. They shall carry 
 out all orders of any .such board for cleajising any house, 
 building, .place, vessel or boat, or for the .preservation of 
 public health, the maintenance of cleanliness, and the 
 prevention of contagion or infection. In case the Municipal 
 Council or the said City Council shall not g,ppoirit such 
 health wardens the Board of Health shall appoint them. 
 
 4. Any such board may by order in writing cause ^any powers of Board, 
 house, building, ,place, vessel or boat io be fumigated or 
 otherwise purified, and may cause anything dangerous to 
 
 the public health to be remo-ved or destroyed when 
 nece.ssarv. 
 
212 BOARDS' OF' HEALTET. [[PART U. 
 
 Chap. 26. 5. If any health waiden, upon being notified of his. 
 
 Pine for warden's appointment, shall refuse to accept the office, or whea 
 refusal' to accept accepted ahall refuse to discharg*- the daties thereof or tO' 
 
 office, and' for ^, . , i i_ i • - , t t 
 
 misconduct. eomplj With any sanatory orders to Mm eommnnicated he 
 shall' forfeit t'wenty dollars^ and another shall immediately 
 be appointed in his place ^ bnt no appointment of health 
 Duration (rfap--v\,arcl en shall continue for more than one year,. nor sball any 
 person be bound to serve oftener than once in four years. 
 Cases of plague 6. If anv infectious plague, disease or ctisteroper shall. 
 ser%Tw™rov™- ha^ve becH introdisced, or there shall be imnainent danger of 
 ed against. j^g intpodijction into any place, the Board of Health shall 
 assemble and make sanatory orders a.* oecasioo may require,, 
 ■with penalties as in the Srst section mentioned^ and may 
 appoint persons to enforce the same, and thereupon copies- 
 of such orders shall be forthwith transmitted to the 
 Provincial Secretary's ofSce, and the same, until altered or 
 amended by the Governor-in-Cooncil, shall continue in 
 force. 
 Fo\rers as re^ 7. Any Board of Health may order to be removed 
 skk person™ &c, 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 he 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 sneh 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. 
 General vaccina- 8. The Council of any Municipality at any regular or 
 IndprovidedYor^, special meeting or the City Council of Halifax, on requi- 
 sition from the Board of Health, or whenever they think it 
 necessary, may order a general vaccination in any county 
 or any part thereof, and may^ make orders for providing 
 for the expense of the vaccination of such poor and indigent 
 persons as are unable to pay therefor, 
 
 Ketunis of poor 9. All pcrsons who shall vaccinate the poor and 
 
 e"r'"?emun"m-'"<^ig6'3*',as abovc, shall return to the Municipal Council or 
 
 '"o"' to the City Council, along with the particnlars of their 
 
 accounts dulj' 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 asaes-sed 
 
 for and paid as other municipal or city charges are. 
 
 Penalty for iQ. Any pcison who shall knowingly bring into this 
 
 bringing infected ^i. J t •ii» -p- • 
 
 personeintoPro- Province any person sick oi 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 
 
•TITLE TTir] WiriSANCES. :21:3 
 
 j)erson -so sick, -from any vessel or ship, withou't sucTi Chap. 27. 
 fpermission, shalll be fined in a sum not less than one 
 ^hundred aior raaope th-an €oua' hundred dollars. 
 
 11. Whenever aiay per^onshali become sick of small-pox ving to be dis- 
 or madignant cholera in any dwelling ho«.se, vessel or other in case of infect- 
 ■place in any city, town or district, it shall fee *heduty of "™' '''^'^''-^^• 
 the proprietor or other person in charge or possession of 
 
 •such hoHse, vessel or place to display in some conspicuou-s 
 place therein a j'ellow Jag, not Jess than twelve inches 
 ■square, and 'to keep the sanaed»ispklayed during <the prevalence 
 •of any such infectious disease. All expenses in carrying 
 into effect the objects herein expressed shajU be borne by 
 the respective Boards of Health in such eity, town or 
 ■district. 
 
 12. The reasonable expenses already incurred or here- Expenses ot 
 ■after to be incurred by any Board of Health in carrying a municipal 
 •out the provisioM-s of this Chapter, induding all medical ''''°'''^°' 
 .attendance and ser^'ices bestowed and performed and 
 anedicine swppMed by physicians when required by any 
 Board <y£ Health to be bestowed, performed and supplied 
 ainder the provision-s of sfchis Chapter, -shall be a muriicipatl 
 
 er city charge, and shall be -asse.ssed by the counci/l. and 
 levied and colieeted in the same manner and at the same 
 itimes as the ordinary municipal irates. 
 
 13. Every person violating any provision of this Eenaity lor vio- 
 Chapter or disobeying any sa>natory oi'der made thereunder n't 'tws''chapto? 
 •shall incur .a penalty not .exceeding four hundred dollars. 
 
 CJHAPTES '2Z 
 
 lOF NUISANCES. 
 
 1. The Mvmieipal Cduaeil of any Municipality -ehall Health inspee- 
 lappoint health inspectors and define the limits of their poinW.duration 
 .respective jurisdictions, and fix the time, not to exceed one"'"'^"*- 
 ■yea,v, for which -such appointment shall be in .force.. AM 
 
 :such injectors -shaJl be sworn into office. 
 
 2. Every board ©f health, and an places where none coui*, how con- 
 exist thiee or more health wardens, and where neither*' 
 
 ■exist the Municipal Oouncil shall constitute a. court under 
 this Chapter, and all orders by the court shall be forthwith 
 .executed, notwith.standang any appeal therefrom. 
 
 3. Health inspectors for the purposes of this Chapter Powers of in- 
 .•shall have charge of a'U streets, highways, passages, vessels, *'*°"''™' 
 -wharves, dock.?, wells, markets and market places, common 
 
 sewer^, drains, vaults, iprrvies and other places, and shall 
 
214 NUISANCES-. pPA-RT E. 
 
 Chap. 27. cause all nuisances and filth to be removed therefrom or 
 destroyed, and may open and enter all places where noxious- 
 substances dangerous to the publia health, may be reason- 
 ably suspected to exist, subject nevertheless to the control 
 of the commissioners of streets, if any there be, in all 
 things- relating to public streets, sewer.s. and drains within, 
 their jurisdiction, and to the contcoLof the special, court in. 
 all other matters.. 
 
 Duties of inspeo- 4. Health inspectors shall execute and, enforce alt 
 sanatory orders to them directed undep this Chapter or the, 
 several, chapters relating, to, infectious diseases- and rabid 
 animals. 
 
 Their compensa- 5. Every health inspeotoi' sl^all- be entitled to such 
 
 tionandliowiDro- -i , ' l',ci' • ilJ-L 
 
 vided. adequate compensation tor his services and tor charges, 
 
 incurred about his duties as the Municipal, Council shall 
 allow, and after deducting any s«m collected- andi received, 
 under this- Chapter,, the- balance-, ii any doe- him, together, 
 with all other neceSfra»ry charges-and expenses incurred under 
 this- Chapter, shall be added to- the apportioned as,sessment. 
 lapon such district or place, and assessed and leviedi thereon, 
 exclusivel}', and collected as the county rates now are. 
 
 Dwening- houses 6. Every dwelling house within the- City of Halifax,; 
 
 veniences^penai"-or elsewhere within- the limits of a health in.spector, shall 
 
 vldi'ng. "°' ''™" be furnished with a su-itable underground drain for carrying 
 off waste water, also with a suitable privy and underground 
 vault attached- thereto ;. an-d the owner of such- dwelling 
 house who shall neglect to provide the saute sbali forfeit a- 
 sum not exceeding twenty dollars. 
 
 Pi-ivies and 7. All privies and va.ults s-hall be built so that the 
 
 SnsSucted.*"'" inside shall be at least two feet from the line of the- 
 adjpining 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- 
 passage way. There shall be no communication between a 
 privy ami any public sewer or drain. EvcKy vault sliall 
 be tight, a^nd 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. 
 
 vauufhow ^' When any privy or vault .shall be reported offen.sive 
 
 cleansed when bv the health iuspector. the same, within a reasonable time 
 after notice in wilting to that effect sji.ven to the owner or 
 
 offensive.. 
 
 '& 
 
 his agent or the occupant of tke 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 i-.ecover 
 double the expense from the owner.,, agent, or occupant as a. 
 private debt.. 
 
TITLE VII.] NUISANCES. 215 
 
 9. No vault or privy shall be emptied without a Chap. 27. 
 permit from the health inspector where such is appointed, Pnvies ^ 
 and in no case between the fifteenth day of June and the ''I""'; ^^7^^^ 
 
 nn -,-, pa 1 ^ J When to be emp- 
 
 nrteenth day oi beptember, unless by order of the special tied. 
 court, and then only in cases where it is absolutely 
 necessary. 
 
 10. All waste water shall be conveyed through drains waste water how 
 underground to a common sewer, or to such reservoir as '^'^p"^^'* "'• 
 the health inspector shall appoint. 
 
 11. When it shall appear to the special court that any Dwelling houses 
 tenement used as a dwelling house is so unfit for thatthVpubilc 
 purpose that the public health is endangered thereby, the ''^*'*'''"'*^"^"- 
 court may make an order in writing for its being vacated 
 
 within a reasonable time to be therein prescribed, which 
 
 order shall be served upon the inmates or left at such 
 
 dwelling house ; and in case of disobedience thereto or of a 
 
 re-occupation of the dwelling house without a permit to 
 
 that effect, the court may direct a warrant to the sheriff or 
 
 constables or health inspectors to enforce compliance with • 
 
 the terms of such order. 
 
 12. Whenever it shall appear to the special court that cellars and va- 
 any cellars, lots or vacant grounds are in a state likely to deanaod. 
 endanger the public health they shall cause a notice to be 
 
 given to the owners or the occupants if any, and if there are 
 no occupants and the owners do not reside within the 
 jurisdiction of the court, may give notice by advertisement 
 in one or more public newspapers, if any be there printed, 
 or by posting the same, publicly requiring such owners or 
 occupants to remove such cause of complaint as in such 
 notice prescribed ; and in case of neglect the court shall 
 order the same to be removed, and double the expense 
 shall be recovered by the health inspectors from the owners 
 or occupants of the land. 
 
 1.3. No person unless specially licensed in that behalf offensiirematter; 
 shall put in any place on land or water any offensive lowing ; how to 
 matter or thing likely to endanger the public health, under^^'^"''"''™''' 
 a penalty not exceeding twenty dollars for each offence, 
 and if any person shall suffer any such matter or thing to 
 remain upon his premises after notice in writing requiring 
 him to move. the same, the health inspector may remove 
 the same under the direction of the special court and at 
 the charge of the owner or occupant of such place, and 
 may recover double the expense as a private debt. 
 
 14. Any justice on the oath of one witness may make Justice may 
 an order in writing for the removal, burial or destruction remoWng ot de- 
 of any offensive substance being or likely to become a gi™^'g^bata°fcesi 
 nuisance in any place or in any boat or vessel, and may 
 direct the same to be done by the party occasioning the 
 
216 NUISANCES. [PAET I. 
 
 Chap. 27. offence or by any other party whom the justice shall appoint; 
 
 and the expense shall be recovered as in the order 
 
 prescribed. 
 Penalty for sale 15. jSTo pcrson shall Sell or offer for sale or have in his 
 
 01 unwholesome . . ^ , ,. . , -, , .-, i 
 
 (ood. possession in a public or private market or any other place 
 
 for the purpose of sale, any unwholesome, stale or putrid 
 
 article of food, under a penalty not exceeding forty dollars ; 
 
 and anj' such article may be forthwith seized and destroj'ed 
 
 by the health inspector. 
 
 uneieansed flsi) 16. The board of health or Municipal Council may 
 
 prohibited", ''""'make orders for prohibiting the introduction into any city 
 
 or town, and for preventing the sale and the offering for 
 
 sale of any kind of uncleansed fish, and for preventing 
 
 persons from throwing offal into any place likely to be 
 
 offensive or dangerous to the public health. 
 
 Limits for^ 17. The sevci'al Municipal Councils may from time to 
 
 maistobe re<;u- time make orders fixing the extent and limits within which 
 
 pa'^coMcii™'"" t'^6 slaughtering and dressing of animals for food shall be 
 
 prohibited or conducted, under penalties not to exceed 
 
 forty dollars for any one offence. 
 
 recovered ''°" ' ^^^ penalties and expenses incurred under this 
 
 Chapter shall be recovered in the name of the health 
 
 inspector, and if there be none for the place then in the 
 
 name of the Clerk of the Municipality. In either case 
 
 such inspector or clerk shall be a competent witness. The 
 
 proceeds of eveiy prosecution, after first deducting all 
 
 reasonable charges, shall be paid into the city or municipal 
 
 funds. 
 
 vi?iM'o"°of 0°' ^^' "^"y person who shall violate any of the orders 
 
 dera. made under this Chapter, or shall obstruct any officer 
 
 acting in discharge of his duty, shall forfeit a sum not 
 
 exceeding forty dollars. 
 
 Limitation of ac- 20. No action shall be commenced against any person 
 
 tions rauoverto f or anything done or omitted under this Chapter unless 
 
 hSw TondiSed! bi-ought within six months from the date of the offence 
 
 charged ; and whenever any conviction shall have been 
 
 removed into the Supreme Court at Halifax or an appeal 
 
 thereto granted, it shall be the duty of the law ofiicers of 
 
 the Crown to conduct the prosecution or defence, as the 
 
 case may be, on behalf of the public. 
 
 Pish may be sold. 21. Any Corporation or individual may open a fish 
 
 market in any part of the Province or vend fish therein, 
 
 subject to the provisions of this Chapter. 
 
 forfeitures how ^^" ^^^ penalties and forfeitures incurred under this 
 enforced. Chapter shall be enforced and imposed b3' summary 
 
 conviction before a justice of the peace, except where it is 
 Proviso. expressly provided herein that any penalty is to be collected 
 
 as a private debt. 
 
title vii.] eabid animals. 217 
 
 Chap. 28. 
 CHAPTER 28. 
 
 OF EABID ANIMALS. 
 
 1. The Municipal Council of each Municipality may Municipal coun- 
 
 j. .. ;■• 1 T Til , ,• r t^i's to make or- 
 
 irom time to time make orders tor the protection oi persons ders tor prevent- 
 from the bite of dogs or other rabid or diseased animals, i^bidTi^mafs.""" 
 for the destruction of all animals rabid or supposed to be 
 rabid and running at large, and for the prohibition of the 
 sale of the flesh of any animal affected bj' the symptoms 
 usually attendant on canine madness or otherwise diseased ; 
 and may affix penalties for the breach of such orders, not 
 to exceed forty dollars for any one offence. 
 
 2. Any person may kill or destroy any dog or other Rawa animals at 
 rabid animal found at large, and may secure and place in ifiM, i"suspei;t^ 
 confinement all dogs or other animals at large and appearing gye""^' ^^ *'°"" 
 to be rabid or exhibiting symptoms of canine madness. 
 
218 public instruction. [paet i. 
 
 Chap. 29 
 
 TITLE VIII. 
 
 OF EDUCATION. 
 
 CHAPTER 29. 
 
 OF PUBLIC INSTRUCTION. 
 THE COUNCIL OP PUBLIC IKSTEUCTION. 
 
 Executive Coun- 1- The membei's of the Executive Council shall foi^m a 
 oil to form coun- Council of PubUc Instruction, five of whom shall be a 
 
 cil of Public ' 
 
 Instruction. qUOrUm. 
 
 Superintendent 2. The Govemor-in-Council shall have power to 
 
 of Education, appoint a Provincial Superintendent of Education, who 
 
 shall also be Secretary of the Council of Public Instruction. 
 
 Powers of Conn- 3. The Council of Public Instruction shall have power : 
 
 cil of Public . 
 
 jiistriiction. (1.) To make regulations for the conduct of the Normal 
 
 To recruiate Nor. School, and to prescribe the conditions of admission and 
 
 mal School. 1 i. • £ • 1 J. T. 
 
 graduation oi pupil teachers. 
 To divide Prov- (2.) To divide the Province into inspectoral districts 
 taspertors^.^'"'''" OI" divisions, and upon the recommendation of the 
 
 Superintendent of Education to appoint an Inspector of 
 
 Schools for each of said districts or divisions. 
 Toreffuiatedraw. (3.) To prepare and publish regulations, under which 
 ing of monej'. monejs may be drawn and expended and teachers classified. 
 Meetings of (4.) To flx the time of the semi-annual meeting of each 
 
 gchooi boards. ^Qard of school Commissioners, and call special meetings of 
 
 any board when deemed necessary. 
 To regulate hoii- (5.) To regulate the time in se.ssioDj holidays and 
 ays.&c. vacations of all public schools. 
 
 To prescribe text (C.) To prescribe, with the concurrence of the Super^ 
 books, &o. intendent, suitable text-books and apparatus for all public 
 
 schools, proper books for school libraries, and plans for 
 
 school houses. 
 School registers. (7.) To prescribe the form of school registers for all 
 
 public schools. 
 To determine ap- (8.) To determine all cases of appeal from the decisions 
 SoMra,&o.™'°^ commissioners and trustees, and make such orders 
 
 thereon as may be required. 
 
 To make regu- (9.) To make regulations for constructing, locating and 
 tonbL '"^ "°'" controlling county academies, and to authorize the payment 
 of Provincial grants to the same. 
 
TITLE VIII.] PUBLIC INSTEUCTIOJT. 219' 
 
 (10.) To receive the recommendation; of an,}' inspector Ghap. 29-. 
 for separate apartments or buildings, in any section for thejo arrange tor 
 different sexes or different colors,, and make such decisions ^^P^f**« ''p^'''- 
 (shereon as they shall deem proper ; but colored pupils shall colored pupiia. 
 not be excluded from instructi<)n in the public school in 
 the section oi^ ward ■where they reside. 
 
 (11.) To make any provisions, not inconsistent withTo provide for 
 ttiis (chapter,, that may be necessary to meet exigencies.ing" under thi& 
 occurring under its operation. chapter. 
 
 (12.) To draw from the Provincial Treasury a sum not To draw prrant 
 exceeding sixteen hundred dollars for the e.stablishment of rteJ° °°' 
 school libraries, on the condition that any section raise a 
 sum equal to the amount sought from the Council 
 (consideration being given to poor sections), the books to 
 be selected from a general catal'ogue authorized by the 
 Council, and the libraries to be managed under uniform 
 regulations prepared by the Council, and at all times to be 
 open to- fch« inspection of the Superintendent, inspectors and 
 examine?s. 
 
 (13.) To draw from the Treasury, upon the requisition To draw public 
 
 p_LiCi -11 rf»- • X grant for exami- 
 
 or the Superintendent, a sum sumcient to pay the amount ners.aa:. 
 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 thic travelling expenses 
 of students attending the Normal School. 
 
 (14.) To prescribe regulations for the direction of To prescribe reg- 
 
 ^.' -, ^ , 7 ••j!ii ij ulationa for in- 
 
 inspectors and. to make such provisions tor thje payment oi apeotors, &c. 
 those ofScers as m.ay from time to time be deemed proper, 
 due regard being had both to economy and efBiciency of 
 service. 
 
 (15.) To appoint four qualified person,^ to constitute ai ^? „^Pi^*°ard ™i 
 Provincial Board of Examiners, to examine and report Examiners. 
 upon the written exercises of all candidates for license to 
 teach in the Public Schools of this Province. The Council 
 shall also have power to prescribe the. mode in which 
 examinations shall be conducted,, to designate the times and 
 places at which candidates shall present, themselves for 
 examination, and to make such further arrangements as 
 may be necessary in order to insure the- uniform classifica- 
 tion and licensing of teachers. The examiners so appointed exm"'"^''^, how 
 shall be paid at the rate of seven cents for each paper'**' ' 
 submitted for their j^udgmeni, and the person appointed to 
 conduct the examination in each county shall, be paid a 
 sum not exceeding three dollars per diein. while actually 
 engaged in the- duty.. 
 
 (16.) To cancel as well as grant teachers' licenses.. gr''antiic«ise^°'^ 
 
220 PUBLIC INSTRUCTION. [PART I. 
 
 Chap. 29. (17.) To make such changes in existing commissioners' 
 
 To change com- districts as maj' from to time be found necessary. 
 
 mifisioners' dis- 
 
 Council of Pub- *• "^^^ Council of Public Instruction shall have the 
 lie Instruction to general superintendence of the ISormal School, shall prepare 
 raaT™Mi1i^r and publish regulations under which money shall be drawn 
 tions^ a'n'oint ^^'^ expended and teachers classified, and shall make such 
 examiners, &c. general regulations for the guidance of school boards as 
 
 may seem best fitted to bring about uniformity in their 
 
 proceedings. 
 
 SUPERINTENDENT OF EDUCATION. 
 
 Salary arid du- 5. The Superintendent of Education shall receive an 
 tendent. annual salary of two thousand dollars, and four hundred 
 
 dollais for travelling expenses and contingencies of office. 
 The Superintendent's duties shall be as follows : 
 
 (1.) To have, subject to the Council of Public Instruc- 
 tion, the general supervision and direction of the Inspectors, 
 the Normal School, County Academies, Pictou Academy 
 and Common Schools. 
 
 (2.) To enforce the provisions of this Chapter and the 
 regulations of the Council. 
 
 (3.) To promote the establishment and efficiency of 
 county academies. 
 
 (4.) To hold public meetings and institutes of teachers. 
 
 (5.) To inquire and report respecting the qualifications 
 of teachers and the management of schools. 
 
 (6.) To inspect as often as possible all the county 
 academies, and when directed by the Council of Public 
 Instruction any school receiving Provincial aid. 
 
 (7.) To prepare printed instructions and blank forms 
 for all purposes required by this Chapter, and furnish them 
 together with copies of this Chapter and the regulations of 
 the Council, gratuitously to the inspectors, boards of school 
 commissioners, trustees and teachers. 
 
 (8.) To make annually for the information of the 
 Legislature a report on the state of the academies and 
 schools subject to his inspection and supervision, accom- 
 panied by full .statistical tables and detailed accounts of 
 the expenditure of the monej's appropriated under this 
 Chapter, and offer such suggestions on educational subjects 
 as he may deem proper. 
 Superintendent 6. The Superintendent shall, with the assistance of 
 Than 'rpportfon ^^^^ inspectors, as hereinafter provided, apportion the 
 «ountyfund and countv fund among trustees and pay the Provincial grants 
 
 pay Provincial , , •'i . ° ,, . K •' . i •■ . ■ 
 
 4'mnt. to teachers semi-annually in accwdance with tlie provisions 
 
 ■oi -this Chaptei', 
 
TITLE VIII.] PUBLIC INSTRUCTION. 221 
 
 COMMISSIONERS OF SCHOOLS. CHAP. 29. 
 
 7. The Governor-in-Council shall have power to appoin t Governor-in- 
 seven or more commissioners for each district, who shall poUiT' Comn™" 
 form a Board of School Commissioners, of whom three ^''*"*"- 
 shall be a quorum. 
 
 8. In every county where there are two or more consolidation of 
 separate Boards of School Commissioners empowered tomUsionere. ""^ 
 draw upon one and the same county school fund, there 
 
 shall hereafter be one Board of Commissioners instead of 
 such separate boards, and the members of the existing 
 boards shall be members of the new board, and any trust 
 or property vested in existing boards shall vest in the new 
 board ; provided however that such consolidation of boards p™i''9o- 
 shall take place only upon the joint request of the separate 
 Boards of Commissioners at their annual meeting, save 
 when ordered by the Council of Public Instruction. 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 annually Meeting8 of 
 on the day appointed bj' the Council of Public Instruction, 
 
 and shall elect a chairman at each regular meeting, 
 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 of a special meeting the 
 chairman shall notify the inspector of the same, and if the 
 inspector be unable to attend, the board -shall appoint a 
 secretary 2Jro teTupore, 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 have power : Powers of Board. 
 
 (1.) To create new sections, either directly where none Power to create 
 previously existed, or indirectly by the sub-division or "'^^ ^°'*""'°' 
 re-division of existing sections, provided that in neither 
 case shall such action take etfect until formally ratified by 
 the Council of Public Instruction, and to make such altera- 
 tions in the existing boundaries of contiguous sections as 
 may from time to time be deemed necessary. In all cases 
 coming under the provisions of this section the commis- 
 sioners shall liave due regard to the number of children 
 and the ability of each section to support an efficient school, 
 and all alterations thus made shall take effect at the 
 beginning of the next ensuing school year. 
 
222 PUBLIC iNSTKUcrroiir. [part is 
 
 Chap. 2^. (2.) To declare, upon the inspector's report or other 
 
 ■Condemnation of reliable information, the school house or the houses or 
 
 school houses, buildings used as such, 'or the appurtenances thereof unfit 
 
 for school purposes ; such d'eclaration shall be forwarded to 
 
 the trustees of the section, and the condemnation shall, 
 
 unless otherwise specified, take effect at ihe oomtnencement 
 
 of the next ensuing school yeaT, 
 
 To appoint trus- (3.) To appoint trustess or a trustee for -any section in 
 
 teesjn certain ^^^^^ ^^ hereinafter provided. 
 
 Commissioners H- Any pcrsoH «iay convey or devis-e real estate to 
 
 ""^^t.^"'? .,.?'''' the commissioners for any district,' and duly vest in the 
 
 '6St!it6 in trust. ^ 11* * f¥» 1 1 1 • 1 
 
 commissioners and their su-ccessoi's in ornce the legal title 
 thereto, in trust for th-e purpose of •erecting and keeping in 
 repair a school house or houses thereon^ and the commis' 
 sioners may sue and be sued in respect thereof, but shall 
 have no control over any school house or houses or such 
 lands as against the trustees of the school section or the 
 inhabitants, other than may be expressed by the conveyance 
 or devise. 
 Tiiree Commis- 12. Eacli Board of Commissioners shall have power to 
 form'dutms pre- ^PP"''^*' ^ Committee of not less than three of their number 
 scribed by sec- to perform the dutics imposed on them by sections 16 and 
 50 of this Chapter, and such committee when so appointed 
 are hereby authorized to perform such duties. 
 •Special aid for 13. Each Board of Commissioners shall at its annual 
 .poor sections, jjjeeting determine what sections under its supervision are 
 entitled to special aid as poor sections during the following 
 school year, and the Superintendent of Education shall 
 allow to the trustees of schools kept in any such section 
 one-third more from the county fund than the allowance 
 to other sections, and teachers employed in such poor 
 sections shall also receive one-third more from the Provincial 
 grant. No section employing a teacher holding a license 
 higher than that of grade D, so called, shall be entitled to 
 receive the special aid provided for poor sections in respect 
 to Provincial grant to teachers. No county shall be entitled 
 to receive as special Provincial aid to teachers employed in 
 poor sections more than three hundred dollars annually, 
 and in case the special grant to such teachers ia anj' county 
 shall for any term exceed one-half of the above sura, 
 namely, one hundred and fifty dollars, they shall be reduced 
 pro rata of the amount of such excess. 
 
 boards of Com- 14^ The Several Boards of Commissioners shall have 
 
 ?nite™Two "or power at the annual meeting, by vote of at least two-thirds 
 
 more sections in- present thereat, to unite two or more school sections into " 
 
 one school section, on a petition addressed to the Board of 
 
 Commissioners fey a majority of the rate-payers of each 
 
 section, setting foith that they have agreed among them- 
 
TITLE VIII.] PUBLIC INSTRUCTION. 223 
 
 selves as to the terms on which the existing liabilities shall Chap. 29. 
 be borne by the rate-payers of the several sections. 
 
 15. The union shall take effect on the day fixed hy wtan^union shaii 
 law for the next annual school meeting, notice of which 
 meeting shall be issued by the inspector, and such meeting 
 
 shall elect a board of three trustees for the new section. 
 
 16. When the annual meeting fails to elect three ^J^" annual 
 trustees or to fill the annual vacancy occurring in the fails to elect 
 trusteeship, or vacancies from other causes then existing, o^commMom 
 the trustee or trustees shall be appointed upon the written "■'^^'^'^"''pp'''"*' 
 requisition of seven rate-payers in the section, accompanied 
 
 by a certificate from the inspector of schools that to the 
 best of his knowledge and belief, founded on an inspection 
 of the minutes of the school meeting or of the copy in his 
 possession as hereinafter provided, and if necessary on 
 personal inquiry that the alleged vacancy or vacancies 
 actually exist, by the Board of Commissioners for the 
 district in which the school house is situate or in which a 
 majority of the rate-payers of the section reside ; and any 
 board of trustees thus secured shall as soon as practicable 
 convene a meeting of the rate-payers of the section as 
 provided for the annual meeting, and such meeting shall 
 transact all business except the election of trustees required 
 of the annual meeting and in the same manner. 
 
 17. Each Board of Commissioners shall have power to Powers of com- 
 exempt from the sectional school rate, either altogether or islands and 
 in part, persons dwelling more than three miles from the ^^sYricts.*""^'*'* 
 school house in the section where they reside or in places 
 too sparsely peopled to maintain public schools, or on 
 islands too distant from the mainland to permit children to 
 attend school ; and each such board shall also have power 
 to make such arrangements as they may deem necessary to 
 establish schools on such islands and in such sparsely 
 peopled places for at least four months in the year. 
 
 TRUSTEES. 
 
 18. Each school section shall have a board of three t'J''|°^^ '™J^^^ 
 
 j Trustees, and no section shall have more than one board. 
 
 I 19. At the first annual meeting of any section under Mode of appoint- 
 
 \this Chapter the majority of the qualified voters present ""^ *™^*''^' 
 
 \^hall elect three trustees ; and at the second and third 
 
 annual meetings one of the Trustees elected at the first 
 
 meeting shall go out of oflace by ballot, and at each annual 
 
 meeting thereafter he who has served the longest shall 
 
 retire from office, and each of the vacancies shall be filled 
 
 by the election of a new Trustee ; pi^ovided always that he 
 
 whose term of office has expired may be re-elected with 
 
 his own consent, his time of service to date from such 
 
224 PUBLIC INSTRUCTION, [PART I. 
 
 Chap. 29. re-election. No irregularity in the mode of electing Trustees 
 shall invalidate the election, unless formal objection be 
 taken thereto by a qualified voter before the adjournment 
 of the meeting ; provided that the person so elected 
 possesses the qualifications required by law for the office of 
 Trustee. 
 Majority oi tru3- 20. A majority of the trustees shall always be qualified 
 payers" ""^ '^''*^" rate-payers of the section, but one trustee may be chosen 
 from the poll-tax pa3'ers, authorized as hereinafter provided 
 Persons inciigi- to vote in the election of trustees. No commissioner of 
 bie to be trustees gg^gglg^ inspector of schools or Hcenscd teacher employed 
 in the section shall be deemed eligible to the office of 
 trustees of schools. 
 Vacancy, how 21. Any Occasional vacancy in the Board of Trustees 
 
 "''"^' caused by death, removal from the section, insolvency, 
 
 permanent disability for business, refusal to act, or resigna- 
 tion, or acceptance of official positions declared to be 
 incompatible with the office of Trustee, shall be filled at a 
 special school meeting called by the remaining trustee or 
 trustees. The person elected to fill an occasional vacancy 
 shall hold office only for the unexpired term of the person 
 whose place he is chosen to fill. 
 
 Provisions in 22. It shall be lawful for the trustees of any section 
 academic™ iS- whercin are located academic institutions other than county 
 tutions, not be-g^(.^(^jg,)r)jgg j^q co-ODcrate with an equal number of persons 
 
 ins comity aca- » _ it '» , . . .^ 
 
 demies, are lo- ehosen bv the governing bodies ot such institutions, m 
 order that the section may secure the educational advantages 
 supplied by such institutions ; such combined Board of 
 Trustees to manage the school or schools, as the case may 
 be, in accordance with the provisions of this Chapter. 
 
 Trustees with 23. The trustces of any section, with the permi.ssion 
 
 tbe permission of p ,^ • < i» i i •,i»t /■ t •, 
 
 tiie inspector of ot the inspector 01 schools may, in their discretion, admit 
 mit" pupKrom to school privileges pupils from other sections ; and if the 
 other sections, trustees shall deem it necessary they may exact from such 
 pupils a reasonable tuition fee. 
 
 Trustees to be a 24. The trustees of any section shall be a body 
 
 y corpora e. pQ^pQ^.j^j-g fgj. j^j^g prosccution and defence of all actions 
 
 relating to the school or its affairs, and other necessary 
 
 purposes, under the title of "Trustees of School Sectirn 
 
 No. , in the district (or districts) of ;" and they 
 
 shall have power, when authorized by the school meeting, 
 to borrow money for the purchase or improvement of 
 grounds for school purposes, or for the purchase or building 
 of school houses ; and all such amounts shall be paid by 
 equal yearlj^ instalments, not exceeding twelve, to be 
 assessed upon the section ; and the money so borrowed 
 shall be a charge upon the school section. 
 
TITLE VIII.] PUBLIC INSTRUCTIOJST. 22c 
 
 25. The trustees in the several counties are authorized Chap. 29. 
 to effect insurances on school houses. 
 
 Trustees may in- 
 ci/^ ... . , . „ . , , sure school 
 
 2b. A trustee may resign his office with the consent ii»™es. 
 in -writing of his co- trustees and of the inspector. Without^™" ^ ""'^ ""- 
 such consent a trustee refusing to act shall forfeit the Trustee refusing 
 sum of twenty dollars, to be collected by any rate-payer in we toVenaUy""" 
 the section, such sum to be payable to the inspector "or his 
 order, and applied by the board of school commissioners of 
 the county or district as special aid to the erection of'school 
 houses. The following among other things shall constitute what shaii eon- 
 a refusing to act under the foregoing provision :— Continual to'a"c\^ * ''^'"'''' 
 refusal or failure to attend the meetings of the board of ' » 
 trustees when notified ; failure or refusal to issue the 
 notices required under this Chapter, and failure or refusal 
 generall}' to perform the duties or exercise the powers 
 imposed or conferred on trustees after a written request 
 shall have been addressed to him by his co-trustees or the 
 inspector of schools to perform or exercise the same. 
 
 27. The duties of the trustees shall be as follows: — Duties of trus- 
 
 (1.) To meet as soon after the annual election or iTmeet and ap- 
 appointment of trustees or a trustee as practicable, and p™"' ^ '^"etary 
 appoint one of themselves or some other person to be 
 secretary to the board of trustees, and to provide him 
 with a suitable blank-book, and instruct him to keep 
 therein and carefully preserve a correct record of all the 
 doings of the board. 
 
 (2.) To take possession of and hold as a corporation to hold school 
 all the school property of the section or which may be pr»P«rty. 
 purchased for or given to it for the use or support of 
 common or academic schools ; provided always, that they 
 shall not interfere with any private rights or the rights of 
 any religious denomination. 
 
 (3.) To lease or rent lands or buildings if necessary to lease or rent 
 for school purposes for a period of not less than five^*'"'^' 
 months, or it the section be poor not less than three months. 
 
 (4.) To determine the sites of school houses, subject to To fix sites of 
 the sanction of the three nearest commissioners residing ^°'"'°"'°"^^^' 
 out of the section ; and in case the three nearest commis- 
 sioners do not agree as to the site of a school house, the 
 matter, shall be referred to the board of commissioners 
 for the district or county in which the school is situate, 
 and their decision shall be final. In cases of border sections proviso, 
 where the three nearest commissioners do not agree, it 
 shall be referred to the inspector of the county in which 
 a majority of the rate-payers of such border section reside, 
 subject to an appeal to the Superintendent of Education, 
 whose decision shall be final. 
 ]6 
 
226 tUBiJc is^sTRtrcTioiif. [part I 
 
 Chap. 29. (5.) To provide school privileges free of charge foi 
 To provide school all persons resident in the section five years of age and 
 Si™s'!"'°" upwards who may wish to attend school, and, when 
 authorized hy the school meeting, improved school accom- 
 modations; such accommodations to be provided as far as 
 possible in accordance with the following arrangements : — 
 (a.) For any section having fifty pupils or under, a 
 house with comfortable sittings for the same, with one 
 teacher. 
 
 (6.) For any section having from fifty to eighty pupils, 
 a house with comfortable sittings for the same, and a good 
 class-room, with one teacher and an assistant. 
 
 (c.) For any section having from eighty to one hundred 
 pupils a house with comfortable sittings for the same and 
 two good class-rooms, with one teacher and two assistants ; 
 or a house having two apartments, an elementary and 
 preparatory, with two teachers : or if one commodious 
 building cannot be secured, two houses may be provided 
 in different parts of the section, with a teacher in each ; 
 one being devoted to the younger children, or elementary 
 department, and the other to the more advanced or 
 preparatory department. 
 
 (d.) For any section having from one hu-ndred to one 
 hundred and fifty pupils a house with two adequate 
 apartments, an elementary and a preparatory, and a good 
 class-room, accessible to both, with two teachers, and if 
 necessary 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. 
 
 (e.) For any 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 
 one 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 diflferent depart- 
 ments in diff'erent parts of the section. 
 
 (/.) And generally, for any section having two hundred 
 pupils and upwards, a house or houses, with sufficient 
 accommodations for difierent 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 respectively about eight, three and one. 
 Disposal of school 28. Whenever 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 
 
'tttLE vfii."] ^urniC iNSTRtrctlOJ^. '227 
 
 trustees, who ai'e hereby authorized to purchase or accept Chap. 29. 
 other lands or sites in lieu thereof. ~~~~ 
 
 29. In any section havinar more than one department Trustees shall 
 under one roof, or under separate roofs, the trustees, bvan'oe of pupiis 
 'the aid of the teachers or otherwise, shall regulate from p'^rtSts'.' ^^ 
 time to time the attendance of pupils in the several 
 departments according to their attainments. 
 
 30. If in anj' section the Council of Public Instruction shaii regulate 
 ■shall perifflit separate departments under the same or when coundi 
 separate roofs for papils of different sexes or different gepartmlnts.""'* 
 •c6lors, 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. 
 
 31. It shall farther be the duty of the trustees: Trustees- further 
 
 ■' duties. 
 
 (I.) To contract with and employ a licensed teacher or shaii employ 
 teachers 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. 
 
 (2.^ To notify as they may deem proper the inhabitants stve notice of 
 
 •/ •/ Li. ODBnin'^ of 
 
 -of the section of the opening or re-opening of the school sohodis? 
 ■or schools, so that pupils may present themselves for 
 •classification without delay. 
 
 (3.) To furnish, in case the annual meeting shall have Furnish town 
 
 1,.-,, . n ^1 1 I'lT clerk or clerk of 
 
 ■determined to raise money tor the purchase or building peace with list of 
 of school houses, or for the purchase or improvement of lll'^%[ sTc'tton! 
 •school grounds by assessment, the town clerk, or the clerk 
 ■of the peace for the county in which the section or a 
 portion of it may be situate, a list of the inhabitants of 
 the county resident in the section liable to be taxed ; and 
 the town clerk or the clerk of the peace shall affix the 
 amount of property for which each is assessed according 
 to the county asses'sment roll for the j'ear ; and the town cierk's fee. 
 ■clerk or the clerk of the peace, as the case may be, shall 
 be entitled to receive from the trustees a fee of twelve 
 -cents for every list so furnished where the number of 
 rate-payers in the section does not exceed twelve, and of 
 twenty-five cents where such number exceeds twelve. 
 
 (4.) To provide by assessment, as set forth in section Provide for erec 
 ■45, for the purchase of suitable grounds and the purchase houses. 
 ■or erection of a house or houses according to the decision 
 of the school meeting, to select the design of building most 
 suitable and let out the work, the amount required being 
 levied and oollect«d in equal portions from year to year, 
 not exceeding five years, with any interest accruing, until 
 the whole shall have been raised. 
 
PUBLIC instruction:. [pART E. 
 
 Chap. 29: (a.) To visit the school at least four times in eacb 
 Visit schools, year, and to be present when practicable at the semi^ 
 
 annual examinations and the visitations of the inspector. 
 
 Expel or'suspend (6.) To expel f TOm schooI any pupil who is persistently 
 
 pupils- disobedient to the teacher or addicted to any vice likely to 
 
 injuriously affect the characters of other pupils, or t'O' 
 
 suspend any such pupil until there shall be indications of 
 
 reform. 
 
 Health of school. (7.) To adopt efEcient measures for the preservation 
 
 of the health of the- school. 
 Notice of school (8-) To give proper notice of al} annual and special 
 me';tings. school meetings required to- be held under the provisions 
 
 of this Chapter. 
 Annual report. (9.) To present at the annual sehoo-1 meeting a report 
 
 of the educational operations of the section for the year 
 then ending. This report shall contain an estimate of the 
 financial requirements of the ensuing year, and be accom.- 
 pa-nied by a full account, previously audited as hereinafter 
 provided, of all scPiool moneys received and expended since- 
 the last annual meeting. 
 
 Return of state (10.) To prepare or have prepared a true return of the- 
 
 *' ^'' °° state of the school according to the- form- drawn up for 
 
 that purpose by the Superintendent, and if there is more 
 
 than one department in the section a return for each, 
 
 indicating the grade of each department, and to lodge the 
 
 same, duly certified by the teacher or teachers, at the 
 
 district office of the inspector on or befose the day fixed for 
 
 the same by the commissioners for the district; and if the 
 
 section be a border section the trustees shall present a 
 
 complete return to the inspector of schools of that district in 
 
 which the school house is situated, marking the same as a 
 
 border section, and to the inspector of the other district a 
 
 supplementary return containing the number of- enrolled 
 
 pupils belonging to each district and the grand total days' 
 
 attendance made by the pupils of each district. 
 
 Fonvard min- (H.) To forward to the inspector of schools, withia 
 
 meeting to in-- one Week after the annual school meeting of the section, a 
 
 spector. gQpy Qf ^^Y)e minutes of the meeting, duly signed by the 
 
 chairman and secretary thereof. 
 
 May suspend or 32'. Trustees shall have power to suspend or dismiss 
 
 NoUfication ^"^^{from their employ any teacher for grosa neglect of duty or 
 
 same. immorality, and they shall immediately forward a written 
 
 statement of the facts to an acting member of the board of 
 
 commissioners for the district, and they shall also forward 
 
 a statement of their proceedings to the Superintendent ; 
 
 Macher°s' ™* ^^^ ^^^ ^^^ °^ ^"^ ^"'^^ tcacher shall thereupon ceas&, 
 unless otherwise ordered by the board of commissioners 
 upon the appeal of the teacher } but he of she shall be paid 
 
■11TLE VTII.] PUBLIC INSTEUCTIOST. 229 
 
 ratably up to the time of his or her suspension or Chap. 29. 
 dismissal. ~ 
 
 33. On proof of inability to pay any school assessment Mayexomptfrom 
 
 11 t •/J.i/t/ school T/OiX. 
 
 -or poll tax, the trustees shall have power to exempt any 
 person in part or altogether from the payment thereof 
 ■without prejudice to the rate; and the trustees shall 
 present a statement of any such exemptions in their report 
 to the annual school meeting. 
 
 34. Whenever a majority ot the rate-payers of any ^eeur" °'"'°'''' 
 **ection shaSll request it in writing, the trustees shall convene 
 
 a special meeting of rate-payers for the purpose of voting 
 money or adding to any amount previously voted "for anj'^ 
 purpose authorized by this Chapter. l.lso independent of 
 any such (requisition, the trustees shall have authority to 
 •call a special meeting for the aforementioned purpose, and 
 generally to call special meetings for the consideration of 
 ■subjects deemed -of importance to the educational interests 
 of the section, notice being given in a31 cases according to 
 the mode prescriJaed for annual school meetings 
 
 35. Whenever any person has obtained a judgment "i ^^^"^"*°'i"A 
 the Supreme or County Court against the trustees of any trustees. 
 •school section in their corporate capacity, the trustees of 
 
 ■such section shall, during the year foKowi-ng the date 
 «(f sucli j-udgment, and they are hereby authorized to, 
 assess on the rate-payers of said section a sufficient sum to 
 pay such judgment, which sum shall be collected by said 
 i^rustees and paid <rver to siich judgment creditor. 
 
 SECRETARY OF TRTJSTEBS. 
 
 36. The secretary of the ti'ustees shall gi^ve a -bond to Bond given by 
 Her Majesty, with two sureties, .in a sum at least equal totees. 
 
 that to be raised by the section duri«g the .year, for the 
 faithful performance of the duties -of his office, and the 
 same shall be lodged by the trustees with the clerk of the 
 municipality for the county or districc 
 
 37. The secretary shall be entitled to receive five per Secretary's com- 
 Gent. coHMnission on all sums collected by him or under his 
 direction for the support of the school or schools, including 
 expenditure for rents, repairs, farniture,- outhouses, ifuel, 
 
 maps, apparatus and salaries, except in cases where 
 payment shall be voluntarily made, when he shall make a 
 deduction to persons making such payment of two and a 
 half per cent, from his commission ; and he shall be entitled 
 to two and a half per cent, on all sums collected by 
 him or under his direction for the purchase or erection 
 of a new school house or houses and for the purchase or 
 improvement of school house grounds. A payment shall 
 (bs uionsidered to have "been made voluntarily if made 
 
23.0 PUBLIC IWSTRUCTIOIt ["PART E, 
 
 Chap. 29. within twenty days after the collector's roll is made up. 
 and posted up in at least three public places in the district.. 
 The sum ©r sums on which the secretary shaM be entitled 
 to receive commission under provision of this section shall 
 be taken to mean only the moneys directly levied on section 
 and collected in accordance with vote of annual meeting,, 
 and shall not include county fuad apportionment or 
 Provincial grant of any kind. 
 fiaties of secret 38. The Secretary's duties, to be perforisaed under the- 
 tary. direction of a majority of the trustees, either by the- 
 
 secretary in person or under his disecti^n, shall be as. 
 follows : 
 
 (1.) To keep the accounts, moneys and records of the- 
 board, and to collect and disburse ali school moneys., 
 
 (2.) To keep the school house or hoases in good repair- 
 and supply the same with comfortable furniture, outhouses^ 
 fuel, prescribed school books, Hiaps and apparatus. 
 
 (3.) To promptly supply to the teacher or teachers 
 copies of the school register prescribed by the C&uncil of 
 Public Instruction, and carefully preserve the old registers^ 
 
 (4.) To keep a faithful record of any school books, 
 maps or apparatus that may at any time be procared for 
 the use of the section. 
 
 (.5.) To present the teacher with a copy of theinventory 
 of the school property under his or her charge, and renew 
 the same from time to time. 
 
 (6.) To post up the collector's roll ia the manner 
 provided for in section 37. 
 
 (7.) To take due care of the Kbrary books of the- 
 section, and see that the same are managed in conformitv 
 with the regulations of the Council, and generally to. 
 transact any business of the board as directed by a majority 
 of the trustees. 
 
 MODE 01 SWTPORT.. 
 
 Teachers in com- 3&. Legally qualified teachcrs employed fn the commott 
 bTpaid°?aUbiy!° schools in accordance with this Chapter shall receive from, 
 the Provincial Treasury according to the following rates- 
 for the school year r 
 Grade B. All tcachcrs holding licenses of gfrade B, the sum of one- 
 
 hundred and twentj' doJlars each.. 
 
 Grade c. All teachers holding licenses of grade C, the sum of 
 
 ninety dollars. 
 Grade D. Fe- AH tcachers holding licenses of grade D, the sum of 
 ^ade E^""''"^ sixty dollars each, and female teachers holding licenses of 
 grade E, the sum of forty-five dollars each. Every teacher- 
 shall receive semi-annually one-half of the amount 
 mentioned In connection with his or her grade lu tUa 
 
TITLE VIII.] PUBLIC INSTRUCTION. 231 
 
 foregoing scale, or ratably according to the time he or she Chap. 29. 
 shall have satisfactorily taught a public school, 
 
 40. The distribution of the moneys payable under the Moneys distribu- 
 authority of this Chapter to the respective counties foraiiy. '™"-''"™- 
 common schools shall be made semi-annually through the 
 inspectors to the respective teachers and assistants lawfully 
 employed by the trustees according to the number of days 
 
 the schools have been in session and the grade of license held. 
 
 41. Assistant teachers, if provided with separate class Proportion paid 
 rooms and regularly employed at least four hours in each ^g'^'™' *'^^''^' 
 day, shall receive two-thirds the amount granted to principal 
 teachers of the same grade. 
 
 42. Nothing in any preceding sections shall be construed Employment of 
 to authorize the employment of unlicensed teachers in any ""acherf not au- 
 of the public schools of this Province. thorized. 
 
 43. The clerk of the municipality in each county, cierk of the 
 except as hereinafter provided in relation to the City ot ^^^'^^fl'^Kj^l^ 
 Halifax, shall add to the sum annuallv voted for general <>' Halifax ex- 
 
 . . 1 ■• , ,, 1 /; „ ., ° ., cepted) shall add 
 
 municipal purposes at the regular meeting or the council a a sum equal to 
 sum sufl&cient, after deducting costs of collection and head^to'^amount 
 probable loss, to yield an amount equal to thirty cents for™""''"'^^ ™*^'i 
 every inhabitant or the uiunicipalitj', according to the last poses. 
 census preceding the issue of the municipal rate-roll, and 
 the sum so added shall form and be a portion of the 
 municipal rates. One-half the sum thus raised shall beone-haif to be 
 paid semi-annually by the treasurer upon the order of the fo'ord'lr'o^fThe 
 Superintendent of Education. oc'Edumto^n"" 
 
 44. One-half of the amount provided to be raised one-haif to ti-us- 
 annually as aforesaid shall, at the close of each half-year, conducLd^unde? 
 be apportioned to the trustees of schools conducted in ">« chapter. 
 accordance with this Chapter, to be applied to the payment 
 
 of teachers' salaries, and each school shall be entitled to 
 
 participate therein at the rate of twelve and one-half 
 
 dollars per term for each licensed teacher employed, and 
 
 the balance of the municipal fund shall be distributed Ratio in which 
 
 among the schools according to the average number of tSpate,"'"'" '"■'^' 
 
 pupils in attendance and the length of time in operation, 
 
 but shall receive no allowance for being in session more 
 
 than the prescribed number of days in any one half year. 
 
 45. Any sum requiied by any section over and above the When majority 
 sums provided by the Province and municipality for the sup- sLtk!nat°'aret'u- 
 port and maintenance of a public school or schools during the '"['^ , =aiie<i 
 
 ^ . .IT, 1 • , f school meeting 
 
 ensuing year, including the purcha|e or improvement ot determine on 
 school grounds, the purchase, erection, furnishing, cleaning lary*or"u'ppOTt 
 or repairing of school houses and outbuildings, rent of °^^f ''"^^i, 'Jj^ 
 buildings or lands, insurance on school property, the^sed ^y po"- 
 
 ,*-' p p t .11 1111 1 tax, and if neces- 
 
 purchase oi luel, prescribed school books, maps andsary by assess- 
 apparatus, the payment of interest on money borrowed by ™ti"pergp°aipro- 
 tbe section, teachers' salaries or any other expenses required v^^yt section. 
 
232 
 
 PUBLIC INSTRUCTION. 
 
 [part I. 
 
 Chap. 29. in providing an efficient public school or schools in accord- 
 ~ ance with this Chapter, shall be determined by a majority 
 of the rate-payers of the section present at a regularly 
 called school meeting, and any amount so determined shall 
 be a charge on the section and shall be levied as follows : 
 Every male person between the ages of twenty-one and 
 sixty, having resided in such section for the period of six 
 months next previous to the holding of such regular school 
 meeting, shall pay the sum of one dollar as a poll-tax. The 
 
 Rates, how col- balance of the sum authorized to be assessed shall be levied 
 on the real and personal property within the municipality 
 of the residents of the section according to the municipal 
 rate-roll.- Nothing herein shall render any person liable to 
 pay more than one poll-tax in any school year. The 
 trustees shall furnish to their secretary a list of the assess- 
 ments under this section, with instructions in writing 
 thereon signed by the trustees, authorizing and directing 
 such secretary to collect from the persons therein named 
 the amounts set opposite their names, and the secretary 
 shall demand the several amounts from the persons so 
 assessed, and in default of payment the same shall be 
 collected under and by virtue of the Chapter of the Revised 
 Statutes, " Of Municipal Assessments ;" and the trustees 
 shall return such assessment to the regular sitting of the 
 municipal council where appeals shall be had and deter- 
 mined. Provided that when on such appeal it shall be 
 ordered that any part of such rate shall be refunded to the 
 appellant, such order shall be on the trustees of the school 
 section appealed against, who are hereby required to re-pay 
 the same to the partj' aggrieved out of any funds in their 
 hands, and if there are no funds on hand they .shall a.sse.ss 
 for the same at the next annual meeting or at any special 
 meeting called for that purpose. The words real and 
 personal property within the municipality of the residents 
 of the section in this section shall apply to property lying 
 in the City of Halifax the owners whereof reside in 
 Dartmouth or other school sections in the Municipality of 
 Halifax. 
 
 Payer of poll- 46. On. depositing with the secretary of trustees 
 vote'air election previous to Or at any annual school meeting the sum of 
 of trustees. qjjq doUar, any person liable to pay such poll-tax, and 
 having paid all poll-taxes previoush' imposed, including 
 that of the year just closing, though not rated in re.spect 
 of real or personal property, shall be qualified to vote in 
 the election of trustees at such meeting and at any other 
 meeting held for the election of trustees within a year 
 from such deposit, except the same be refunded as 
 hereinafter provided. Money deposited as above shall be 
 
 Proviso. 
 
 Definition. 
 
.TITLE VIII.] PUBMC INSTRUCTION. 283 
 
 refunded on demand in eveiy case where no assessment is Chap. 29. 
 authorized by such meeting ; otherwise it shall be retained 
 as payment of the poll-tax of the depositor. 
 
 47. Each clerk of the municipality shall immediatelyCierk of the 
 
 1 • il i 11 ■ 1 L-x iT municipality 
 
 upon makmg up the rate-roll in each year, notity theshaii notify su- 
 Superintendent of Education and the inspector of schools Education™'ai°d 
 of the sum provided by municipality assessment for the j^^Pg'^'j.'"'' °' ™"' 
 support of schools during the ensuing year. 
 
 48. One-half the amount assessed as a county rate inonehaifofmun- 
 the several municipalities for the support of schools shall idvan«id*''from 
 be advanced from the Provincial Treasury in May of^j™^'"™ ^""^ 
 each year. 
 
 49. Where counties are divided into municipalities ^^''^^^ .=°"".''fs 
 
 1 . .11 )» . 1 . /-Ti ^^® aivided into 
 
 having separate councils, the term " county in this Chapter municipalities _ 
 shall, for all the purposes of the Chapter, be held to include sii'au Include 
 and apply to such municipalities as fully as if these had "'""'^paiities. 
 been specially mentioned therein. 
 
 50. In any school section where sectional assessment "here late-pay- 
 shall be required to support a free public school, and the necessary assess- 
 rate-payers of such section after legal notice has been™™*'' ^ 
 given in accordance with the provisions of this Chapter 
 
 shall neglect or refuse to make adequate provision for such 
 school, the trustees of the section shall name the sum of 
 money which they deem sufficient therefor; and such 
 amount shall be submitted to the Board of School Com- 
 missioners for 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 submitted and approved of 
 in the same manner as if it had been voted for school 
 purposes at a regular school meeting called for the purpose. 
 
 51. Property situate in anj' school section and owned Assessment of 
 by a non-resident of the county, the same not being residents. 
 otherwise liable to sectional assessment, shall be liable to 
 assessment in the section in which it is so situate. 
 
 52. The assessment of any person who shall subse- Assessment 
 quently die, or become insolvent, or assign his property °„^harid°s"o?re^ 
 liable to the assessment, shall be a charge upon his estate, preventatives. 
 to be paid by his executors, administrators or assignees ; 
 
 and in default of payment they or either of them may be 
 held personally liable under the warrant, unless they or 
 either of them shall make oath before a justice of the 
 peace stating that there is not in their possession or under 
 their control belonging to such estate sufficient money or 
 other property to satisfy such assessment. 
 
 53. In every case where between the making of theJ°rbX°en'mak- 
 county assessment roll for any year and the levying of 'ng''o"»'"iievy- 
 
 ■'. T . Ill '"Sf assessment 
 
 any sectional assessment according to such roll, any person collected from 
 rated therein in respect of real or personal property, shall St^'ilvying. '™^ 
 
234 PUBLIC INSTBUCTION, [PAET I. 
 
 Chap. 29. remove from the section, having conveyed, leased, or 
 ' otherwise disposed of such property, such assessment shall 
 
 be a charge on the property and may be collected from 
 the owner or person in possession of the same at the time 
 of levying such assessment, whose name shall be inserted 
 in the affidavit and wai-rant for collecting in the same 
 manner as if such person had been originally assessed in 
 respect of such property and his name were on the 
 assessment roll. 
 Property held ty 54, Property held by executors, administrators, trus- 
 
 exeuiitors, true- , . ^ " .» ,• i? ii i • e ,^ i 
 
 tees, kc, where tees, or assignees at the time oi the making or the county 
 
 assessed. assessment roll for any year, shall be liable to be assessed 
 
 in all assessments levied according to such roll in the 
 
 section in which the original owner of such property resides 
 
 or last resided ; but property , held in trust for heirs being 
 
 minors shall be liable to assessment in the section in which 
 
 Assessment of such heirs being minors, or a majority of them, ma}' be in 
 
 trusr^or'hei'rs attendance at a public school, provided such section shall 
 
 being minors, ^^ ^^ ^j^g county iu which such property is situate. In 
 
 default of payment of any assessment levied under this 
 
 section the same may be collected as provided in the case 
 
 of unpaid assessments under the fifty-second section, 
 
 Exemption of or- 5o. Anv rcgularly ordained minister occupied in 
 
 dained minister ••,•171 • i • i 
 
 and unmarried ministerial work and an}' unmarried woman or widow 
 woman or widow j^jjg^] J ^^ excmpt from scctional assessment on all property 
 
 to the value of five hundred dollars, but shall be liable for 
 
 any excess of that sum. 
 Exemption of 5g. j^\\ beds, bedding, clothing, stoves, cooking utensils 
 
 boddmg, &c, j .1 i , c • i. i, j. 
 
 and the last cow or any person against whorn a warrant 
 of distress or other legal process shall be issued to recover 
 the rates assessed for school purposes, shall be exempt 
 from the operation of such warrant or other legal process. 
 
 P^opo.rty 0' <;o""- 57. Real and personal property situate within a school 
 
 pany. scction and belonging to a corporation or company shall be 
 
 subject to sectional assessment; and the rates shall be 
 
 payable by the agent to the extent of the funds in his 
 
 hands or under his control at the time of the demand, as 
 
 if assessed upon him personally, and shall be chargeable 
 
 by the agent to the principal. 
 
 Property of Arm, 58. It shall be the duty of assessors to assess all the 
 
 a88T8°edTn"nMie ratable property belonging to any association, company, 
 
 ttan™ c,™'''"'^''' °'' ^''™ ^^ ^^® name of the association, company, or firm, 
 
 and not in the name of the agent or of any single member ; 
 
 and in assessing such property it shall be the duty of the 
 
 assessors to have regard to the boundaries of school sections, 
 
 and in every case to return with their valuation of such 
 
 property the name or designation of the school section in 
 
 which it lies ; and where the same association, company, 
 
TITLE VIII.] 
 
 PUBLIC INSTRUCTION. 
 
 235 
 
 or firm holds property in two or more school sections, to Chap. 29. 
 specify distinctly their valuation of the portion in each,"" ' 
 
 also of the portion, if any, not included in any school section. 
 
 59. The assessment of such property shall be in and AaseBsedforben- 
 for the benefit of the section wherein it lies ; and shall whera situate, 
 extend an<l apply to all ratable property held by any 
 association, company, or firm, whether incorporated or 
 otherwise ; that is to say, the assessment payable directly 
 
 by the association, company, or firm in respect of any 
 property shall be paid in and for the benefit of the section 
 ■where the property lies ; and if any portion of the ratable 
 property of any association, companj-, or firm lies in a 
 place not embraced in any school section, such portion shall 
 be treated in all respects as if situate in the section where 
 the chief works and business of the association, company, 
 or firm are established. 
 
 60. In any case where owing to neglect on the part of RoH may bare, 
 the assessors the county roll does not afford the information sors! 
 necessary for the purposes of this Chapter, the trustees 
 
 .shall request the clerk of the municipality to refer the 
 roll back to the assessors for correction or amendment. 
 
 61. There shall be granted annually a sum not exceed^ProvSnciaJ grant 
 ing six thousand six hundred dollars towards the support of oemiw. 
 county academies when constructed, located and conducted 
 
 in accordance with the regulations of the Council of Public 
 Instruction, each academy to receive a sum equal to the 
 amount of assessment levied for the year for the support 
 of the schools of the section in which the academy is 
 situated, exclusive of all moneys levied for building 
 purposes, provided that no academy shall receive for any 
 year more than .six hundred dollars. 
 
 62. The counties named in the following schedule CounUe^smtMe^ 
 shall be entitled to share in this grant; 
 
 County 
 
 of Annapolis. 
 
 County 
 
 of Lunenburg. 
 
 
 Cape Breton, 
 
 
 
 Queens. 
 
 
 Cumberland. 
 
 
 
 Richmond. 
 
 
 Digby. 
 
 
 
 Shelburne. 
 
 
 Guysboro. 
 
 
 
 Victoria. 
 
 
 Inverness. 
 
 
 
 Hants. 
 
 
 Yarmouth. 
 
 
 n 
 
 Kings. 
 
 
 Antigonish, 
 
 SCHOOli 
 
 MBB'^INGS, 
 
 
 
 68. The annual school meeting for the election of Annual schMj 
 trustees or a trustee shall be held in the school house of hlw.'"^' 
 the section, or if it be not commodious, or if its us.e eaunat 
 
236 PUBLIC INSTRUCTION. [PART I. 
 
 Chap. 29. be obtained, or if there is none, in any other convenient 
 building, on the last Monday in September, the meeting to 
 be called by the trustees, or where none exist by the 
 
 Notice. inspector, by notices posted in three public places within 
 
 the section five days previously, signed by the trustees or 
 the inspector, as the case may be. 
 
 Meeting, how 64. At the annual school meeting the majority of the 
 
 organise . rate-payers, male and female, of the section present shall 
 elect from their own number or otherwise a chairman to 
 preside over the meeting and a secretary to record its 
 proceedings ; and the chairman shall decide all questions 
 of order, and shall take the votes of rate-payers only, and 
 give a casting vO'te in case of an equality of votes: and the 
 
 Eate-payera to rate-payers shall, by a majority of those present, decide 
 
 brrarsed^by"^" what amount shall be raised by the section to supplement. 
 
 *'""• the sums provided for public schools by the Province and 
 
 county, and shall also decide whether any and what sum 
 shall be raised for the purchase or building of school 
 houses, for the purchase or improvement of school grounds, 
 or for general school purposes. 
 
 Right to vote 65. If any person offering to vo'e at an annual or 
 * ^"^^ ' other school meeting shall be challenged as not qualified, 
 the chairman presiding at such meeting shall require the 
 person so offering to make the following declaration : — 
 
 Fonn of deciara- " I do declare and affirm that I am a rate payer of this 
 school section ; that I have paid all sectional school rates 
 for which I have been assessed up to the close of the school 
 year which ended on the 31st of October last, and that I 
 am legally qualified to vote at this mteeting." 
 
 dMiaration '"'^^ Every person making such declaration shall be permitted 
 to vote on all questions proposed at such meeting, but if 
 any person shall refuse to make such declaration his vote 
 shall be rejected ; provided always that any person who 
 shall wilfully make a false declaration of his right to vote 
 shall be punishable by fine or imprisonment, at the 
 discretion of the court, or by a penalty of not less than 
 five nor more than ten dollars, to be recovered by the 
 trustees of the section for its use as a private debt. 
 
 Majority of own- gg_ jn all cascs where a school house has been built 
 
 «ra of school ■.,. . ■, . i<i ii,i 
 
 (house may sell within any section and is owned in shares, it shall be 
 inee ing, . gQj^pgj^gjjj; Jq^ ^jjg majority in interest of the owners of 
 shares to sell and dispose of the same, together with the 
 land on which it is situate (provided such land belongs to 
 the same parties who own the house) to the section, at any 
 meeting duly held after ten days' notice of the object 
 thereof, at such price as the meeting shall determine, or as 
 may be realized at a public sale thereof duly advertised; 
 and the proceeds of sale shall be divided among the 
 
TITLE VIII.J PUBLIC INSTRUCTION. 237 
 
 proprietors in proportion to their shares in interest in the Chap. 29. 
 property. 
 
 67. The rate-payers present at each annual meeting ^"p^'^j^j ^"'^ 
 shall appoint two competent persons to act as auditors for 
 
 the ensuing year. The auditors shall at least three days Duties of audi- 
 before the next annual meeting receive from the board of'"™' 
 trustees or their secretarj' all the accounts, vouchers, 
 agreements, etc., connected with the year's business, and 
 shall examine into and decide upon the legality and correct- 
 ness thereof and report thereon to said ensuing annual 
 meeting. Should the auditors or either of them object to 
 the legality or correctness of the trustees' accounts, the 
 matters m dispate shall be referred for final decision to 
 the annual meeting itself. 
 
 68. In case an annual meeting fails for any reason to ^'■°^'''''™ '." 
 
 . & J ^ case annual 
 
 appoint auditors for the ensuing year, the next ensuing meeting faiu to 
 annual meeting shall have authority to appoint auditors to*''^'"" ''" ' °'^ 
 examine accounts of preceding year and to report thereon 
 either before close of annual meeting or at an adjourned 
 session held for that purpose. 
 
 09. If for any reason the annual school meeting shall Pf'^isions in case 
 not be held at the time fixed by this Chapter, it shall beiiasnotbeeniieid 
 the duty of the trustees or trustee remaining in office to by'thls' 'ch^to* 
 give notice to the inspector of schools for the district 
 within virhich the section is situated of the failure to hold 
 the annual meeting at the legally appointed date, said 
 notice to be given if possible within a fortnight of such 
 date, and it shall be the duty of the inspector of schools, 
 on receipt of such notice, to fix a date at which a special 
 annual meeting shall be held, which date shall not be later 
 than the fourth Monday of October ; such notice of such 
 special annual meeting to be given as is provided in the 
 case of regular annual meetings. In case there are no 
 trustees in a section the inspector of schools shall have 
 authority to call a special annual meeting under the 
 foregoing provisions and limitations on the requisition of 
 seven rate-payers. 
 
 70. Notices of all special school meetings called under Notioe of speeiai 
 the provisions of this Chapter shall distinctly specify the En'esf! ""^ ^ 
 object or objects of said meetings, and it shall not be lawful 
 
 to transact thereat any business not referred to in said 
 notices. 
 
 71. The secretary of trustees in each school section in secretary of trus- 
 every county of the Province shall make up the school accountsTndf^ 
 accounts relating to such section at least three days bef ore ^*J,*gf ®" '■'^''"" 
 the annual meeting, and shall forward such accounts, 
 together with all vouchers and papers relating to the 
 financial affairs of the section to the auditors herein provided 
 
S38 W&uc msfRUdTlON. {pAA-i i 
 
 Chap. 29. for, wlio after due examination of the same shall report 
 ' thereon at such annual meeting. 
 
 INSPECTORS, 
 
 insnector's 72. It shall be the duty of the inspector— 
 
 ■dudes. 
 
 To act as clerk of (1-) To act as clerk of each board of school corami,s» 
 commissioners to gJQners within his district and to examine at the close of 
 
 exaTmne school i i i • i p i h 
 
 returns, &e, each term the school returns received trom the trustees of 
 the various sections of his district, and to prepare therefrom 
 and transmit to the Superintendent of Education, according 
 to forms received from that officer, an abstract of the number 
 of legally authorized teaching day,s taught by each duly 
 licensed teacher in his district, together with the grade of 
 license held by each teacher ; also to prepare and forward at 
 the same time a statement of the apportionment of the 
 county school fund for the half year on the basi,« defined in 
 section 44 of this Chapter. Special reports .shall be made of 
 cases of false returns and of schools conducted in condemned 
 buildings. It shall be the further dut}' of the in.spector to 
 report to the Superintendent of Education the rames of 
 teachers notoriously remiss or inefficient in the discharge of 
 their duties, and of .sections failing to make reasonable 
 provision for the health, comfort and progress of the 
 children attending school, and the Superintendent of 
 Education may, with the sanction of the Council of Public 
 Instruction, withhold in whole or part the Provincial 
 grant from such teachers and the county fund apportionment 
 from such sections. 
 
 To give bonds, (2.) To give a bond to Her Majesty in double the sum 
 
 granted to his inspectoral district for educational purposes 
 for the faithful discharge of the duties of his office. 
 
 To keep record of (3.) To keep a corrcct record of the boundaries of each 
 " " "■' " " school section in his county, and furnish from time to time 
 amended copies of the same to the several sections. 
 
 To inspect (4.) To visit and inspect half-yearly each school and 
 
 county academy within his district, and report fully upon 
 its condition to the Superintendent of Educaticm and board 
 of commissioners for the district in which it is situate, in 
 conformity with instructions received from the Superin- 
 tendent ; and in case of failure to visit any school to 
 indicate the fact and the cause in his report to the 
 Superintendent of Education. 
 
 To aid teachers (5.) To furnish trustees and teachers such information 
 
 Mo''rmSr&c'^ as they may require respecting the operation of this 
 Chapter and the performance of their duties, and especially 
 to assist teachers in employing improved methods of 
 imparting instruction^ classifying pupils and conducting 
 schools. 
 
 school sections. 
 
 schools. 
 
TITLE vni.] PUBLIC iNsTRudTioiir. 239 
 
 (6.) To appoint a convenient place in each disti ict CHAP. 29. 
 within his county where all school returns shall be lodged, -(o appoint place 
 and to ffive sufficient publicity to any such arranc^ement. '" '*'='' diBtriot 
 
 ■^ 1 ./ J o for returns. 
 
 (7.) To keep on hand and distribute as directed by the Blank forma. 
 Superintendent all necessary blank forms and returns. 
 
 (8.) To diffuse such information as shall promote the School houses 
 improvement of school houses and grounds and the appur-""^"™*^*' 
 tenances thereto. 
 
 (9.) To report annually to the Superintendent all fines f" "port fines. 
 deceived by him under this Chapter. 
 
 (10.) To promote the advancement of education by to hold meetings 
 holding public meetings as frequently as possible, and 
 especially to encourage the establishment of schools in 
 sections where none exist. 
 
 (II.) To aid the Superintendent in carrying out a To aid superin- 
 uniform system of education, and generally in giving effect *''"''*"*• 
 to this Chapter and the regulations of the Council of 
 Public Instruction. 
 
 (12.) To transmit to the Superintendent on or before To make returns 
 the first days of December and June in each year a state- *"'^"^'"^' 
 toent of the half-5-early distribution, and also b}' the first 
 day of December in each year a general report of his labors, 
 noting the condition of the schools in his district and the 
 means of improvement, stating the sections visited where 
 schools did not exist, and the results of such visitations 
 and- furnishing therewith such statistical information as 
 the Superintendent may solicit. 
 
 73. The certificate of any inspector shall be received Certificate of in^ 
 in courts of law as evidence of the boundaries of school of boundM-'iea"°° 
 sections. 
 
 TEACHERS. 
 
 74. No person shall be deemed qualified to receive To receive por- 
 under this Chapter any portion of the moneys granted teacher must be 
 towards the support of county academies or common schools''™"*"'*' 
 Unless holding a license from the Council of Public 
 Instruction. It .shall be the duty of every teacher — Duty of teacher. 
 
 (1.) Not to attempt to establish a school in any section Teacher to make 
 without first making an agreement with its trustees. tfuat^eos."' ™"^ 
 
 (2.) To teach diligently and faithfully all the branches To teach effSci- 
 required to be taught in the school and to maintain proper °" ^' 
 order and discipline therein, according to the engagements 
 entered into with the trustees, and the provisions of this 
 Chapter. 
 
 (3.) To call the roll morning and afternoon, and other- To caii roii and 
 wise keep an accurate register in the manner prescribed ^^P^snster, c, 
 by the Council of Public Instruction, on pain of liability 
 to forfeiture of the public grants ; the register to be at all 
 
240 PUBLIC INSTRUCTION. [PART I. 
 
 Chap. 29. times open to the inspection of the trustees, visitors, 
 
 examiners, commissioners, inspectors and Superintendent. 
 To cooperate (4) To render when necessary the trustees all possible 
 
 with trustees. . . • ^ *p • li 'i c l.^ i_* t 
 
 assistance in classitying the pupils or the section according 
 to their attainments ; and when requested by the trustees 
 to institute quarterly examinations for the purpose of 
 transferring any pupils who may be prepared to another 
 department. 
 
 To ineuicate (.5.) To inculcate bv precept and example a respect 
 
 ehristia'r moral- for religion and the principles of christian morality, and- 
 "■>■ the highest regard to truth, justice, love of country, 
 
 loyalty,. humanity, benevolence, sobriety, industry, frugality, 
 
 chastity, temperance, and all other virtues. 
 To have special (6.) To givc assiduous attention to the cleanliness, 
 and"'c''omfort"o'}liealth and comfort of the pupils ; and to report to the 
 pupils. trustees the appearance of any infectious or contagious 
 
 disease in the school. 
 To have special (7.) To havc a spccial care as to the use of school 
 Kire of books, j-jqqJjs ^nd apparatus, the neatness and order of the desks, 
 
 and the cleanliness and ventilation of the school room. 
 To reimburse (8.) To reimburse the trustees for any destruction of 
 8truct?on °' of° school property bj' the pupils which is clearly chargeable 
 school property. ^^ gross neglect or failure to enforce proper discipline on 
 
 the part of the teacher. 
 To hold public (9.) To have during or at the end of each half year a 
 exammaions. p^i^jig examination of the school, of which notice .shall be 
 
 given to the parents and trustees and to school visitors 
 
 resident in the section. 
 To give notice of (10.) To give notice through the pupils of school 
 mee mgs. meetings advertised by the inspector or trustees. 
 
 To furnish gen- (H.) To furnish the trustees, examiners, commissioners, 
 formation." '"" in.spector and Superintendent any information thac may 
 
 be in his power respecting anything connected with the 
 
 school, or affecting its interest or character. 
 To certify cor- (12.) To certif}' the correctness of the half-yearly 
 rectness of re- j-g^-yj.jj yndcr oath, as in the subjoined schedule. Any 
 
 teacher signing a false certificate shall have his or her 
 
 license cancelled or suspended as the Council of Public 
 
 Instruction may decide. 
 
 SCHEDULE. 
 
 I, , a duly licensed teacher of Grade — , of the 
 
 Province of Nova Scotia, do swear that I have taught and 
 
 conducted the school in School Section, No. — , in 
 
 accordance with law, for the period , authorized 
 
 teaching days during the term ended 30th , 18 — , that 
 
 the prescribed register has been faithfully and correctly 
 
TITLE Vm.] PUBLIC mSTRtTCTlON, 241 
 
 kept by me, and that to the best of my knowledge and Chap. 29. 
 belief the grand total days' attendance made by the 
 ■enrolled pupils in the said term was — "— , that m}' agree- 
 ment with the trustees is in accordance with the law and 
 regulations, and that there is no collusive understanding 
 by which any portion of the agreement is to be made of 
 no effect. 
 
 , Teacher. 
 
 Sworn at — — — > this day of , A. D. 18 — , 
 
 before me. ■ , J. P, 
 
 ATTENDANCE. 
 
 75. ft shall be the duty of the chairman of each Vote on resoiu- 
 annual school meeting held under the provisions of thi.s ''°"' *""" '*''™' 
 Chapter to call upon the qualified voters present at such 
 meeting to vote yea or nay on the resolution embraced in 
 schedule A. 
 
 76. Whenever two-thirds of the qualified voters present Trustees' duty « 
 shall have voted in favor of the resolution embraced in^!""'™* ™" 
 schedule aforesaid, it shall be the duty of the trustees of 
 
 schools to ascertain through their Secretary or other person 
 or persons appointed for that purpose before the first day 
 of November following the school meeting the names and 
 ages of all children residing in the section between the 
 ages of seven and twelve years inclusive, and the names 
 of their parents or guardians, and to preserve carefully 
 prepared lists of the same. 
 
 77. To ascertain as soon as possible after the first of Parents or guar- 
 
 T i • 1 I? i.1 1 Mj 1 1 • diang to be noti- 
 
 June next ensuing how many oi the children embraced inaed. 
 the foregoing list have not been at school for eighty full 
 days during the then current " school year," and to notify 
 the parents or guardians of such children of the exact 
 number of days' attendance made by their children from 
 the first of November until the first of June. 
 
 7H. To ascertain as soon as possible after the close of fj'J|f^^^°^ """j 
 the school year how many of the children of the section children. 
 have not been at school during the school year for the 
 period of eighty full days, and to impose upon the parents 
 or guardians of such children a fine of two dollars for each 
 child who has attended school no portion of the year, and 
 pro rata in the ca.se of each child who has attended school 
 but has not reached the period of eighty full days. 
 
 79. Such fines shall be collected in connection with the Fines, how coi- 
 sectional school rates of the following year, and as a part '°'''"'' 
 thereof. 
 
 17 
 
242 Pt'BLIC INSTRUCTION. [PART I, 
 
 Chap. 29. 80. The rate-payers present at the annual school 
 
 Trustees to be'meeting are empowered to make provision to compensate 
 compensated, ^^le trustees f'or the discharge of the duties imposed by 
 this Chapter. 
 
 Exemptionsfrom 81. In imposing fiues for failure to attend the required 
 easM. '" "' '"" minimum period of eighty full days, trustees shall exempt 
 such parents or guardians as can show that their children 
 are being properly educated otherwise than in the public 
 schools, or whose children are by reason of delicate health, 
 or being distant over two miles from a school, or other 
 sufficient causes, prevented from attendance. 
 
 Appeal from im- §2. Parents or guardians fined under the provisions of 
 ' this Chapter can appeal within ten days from the imposing 
 of said fine to any police magistrate or stipendiary 
 magistrate residing in the section, or in the absence of 
 such officer to any acting justice of the peace, who may 
 remit or modify the fine after hearing evidence in such case. 
 
 Eesoiution to be 83. It shall be the duty of the Mayor of the City of 
 a?3™councii. *" Halifax to submit annually on or before the first day of 
 October to the City Council the resolution embraced in 
 schedule A, with the substitution of the words ■' the City 
 of Halifax" for the words " this section," as found in said 
 schedule. 
 
 s *' "^p^*'"?" 84. Whenever the resolution aforesaid shall have 
 sioners. Tcceived the assent of a majority of the members of the 
 
 City Council voting thereon, the Commissioners of Schools 
 on receiving due notice of such action of the City Council 
 shall and are hereby required to perform in respect to the 
 City of Halifax all the duties assigned by sections 76, 77, 
 78, 79, 80 and 81 of this Chapter to trustees of schools in 
 regard to their respective school sections, and to report to 
 the City Council as soon after the first of Noveniber as 
 possible all fines imposed by them undei- provisions of 
 section 78. 
 
 Daty of warden 85. It shall bc the dutv of the warden or presiding 
 
 oi incorporated nr* p i , * j i -n • i • ■ i 
 
 town. omcer or each town m the Province having special 
 
 municipal incorporation to submit annually on or before 
 the first day of October to the town council the resolution 
 embraced in schedule A, with the substitution of the word 
 " town " for " section " as found in said schedule. 
 
 Duty of town 86. Whenever the resolution aforesaid shall have 
 received the assent of a majority of the members of the 
 town council voting thereon, the town council shall and are 
 hereby required to perform in respect to the municipality 
 the duties assigned by sections 76, 77, 78, 79, 80 and 81 to 
 trustees of schools in regard to their respective sectioas^ 
 
•ffltLE VIII.] TUBLTv; ISTSTROCTIOS. 245 
 
 87. Sections 78 and 81 of this Chapter shall be taken Chap. 29. 
 <as applicable to the City of Halifax and incorporated towns Application oi 
 «,s wel-l as te ©rdinarj seheel sections. sections 78 and ei 
 
 ■SCHBDTjLE a. 
 
 Resolved, that the provisions of sections 75 to 87 
 Hnclusive, of Chapter 29 of the Revised Statutes, shall be 
 -made operative in this section. 
 
 SCHBDtJLE B. 
 
 -To any of itbe Constables ©f said County : 
 
 We command you to summon A. B., of — ■ -■ ' - ■ - County, 
 
 *o appear before us at , on the — day of ^, 
 
 -at ©'cl«ck in noon, te answer to the charge of 
 
 having failed to cause B. C. to attend school as provided by 
 •chapter — of the Revised Statutes, " 0f Public Instruction." 
 Hereof fail not, and make due return hereof within ten 
 -days from the date hereof. 
 
 Dated at , this — — day of — =—' — , A, D, 18 — 
 
 -Trusteea 
 
 IttlSOKLLAlfBOtTS. 
 
 88. Members of the Legislature, ministers of religion visitors of 
 iand magistrates shall be visitors of schools. 
 
 89. The Superintendent, Inspectors, teachers of the'Kxempfions of 
 .Normal and Model Schools, and licensed teachers while fSpeotore "and 
 'employed as such, shall be exernpt from serving in any *^°'''*'^'^^' 
 ■town ofSce-or on juries. 
 
 90. The school year shall consist ef a winter aiad a winter and sum- 
 ■summer term. The winter term slmll begin on the first 
 
 'day of -November and end on the thirtieth day of April ; 
 ^nd the summer term shall begiti on the fi-rst dayef May 
 and' end on the tbirty-first day of Ootober. 
 
 91. The Govemor-in-Council shall have power to GoTernor-in- 
 appoint a Principal of the Normal and Model 'Schools, at apoinTprine^pai'of 
 -salary oidt exceeding twelve hundred dollars per annum, ^°™*' ^*^°'' 
 who shall appoint such assistants, with the approval of the 
 Council of Public Instruction, as may be found necessary. 
 
 92. Whenany section shall have been without a school-in ibiiity of sec- 
 .for the period of two years, in consequence of the inability gohori/housT"*^ 
 •of its inhabitan-ts to, provide a "Wihool house, there shall be 
 
2M PUBWC INSTE erenow. [PAET E. 
 
 Chap. 29; refunded to the trustees of said section, ova the recom- 
 mendation of the board of scho«d eomrakssioners the amount 
 of the county municipal seheoi rate assessed during the 
 said tw© years on the inhabitants of the section. In no' 
 ease shall the Superintendent of Education issue an order 
 for such re-payment till furnished by the inspector of 
 schools with a certifieate that a school howse- is in actual 
 course of erection. 
 
 Penalty fot false 93. Both county fsnd apportionment made to trustees. 
 ooXr^buiicuand Provincial grants to teachers shall be withheld from 
 in«8, sections making a false return, and from seetioxis whose 
 
 school or any of whose schools have been conducted in 
 buildings- condemned by the board ©■f school commis- 
 sioners. 
 
 . JN-TERPBETATION, 
 
 interpjetatjon 0* 94. The following terms used in Shis' Chapter shall 
 ''™'' mean as hereby defined, except where the context shall 
 
 preclude such definition ; 
 
 " Sections ' ; That portion of territory the school or 
 schools of which may be presided over by a board of 
 trustees. 
 
 " Border Section " -, A section emibracing 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. 
 
 GITV OP BALWAX. 
 
 Constitution and ^o. The City of Halifax shall be one school section, 
 ifax'schooi'loard^'^'^ ^'^^'^^ shall be twclve Commissioners of schools for such 
 city, appointed, six by the Governor-in-Council and six by 
 the City Council, as hereinafter provided ; and the twelve 
 commissioners thus appointed shall constitute a board of 
 school commissioners tor the City of Halifax, and such 
 board shall be a body corporate, stnd may exercise all the 
 powers and perform all the duties of public schools in and 
 for the city. 
 
 Duration of offloB 96. The SIX Commissioners appointed by the Govemor- 
 appSdty"thIin-Couneil shall hold office during the period of three 
 sovernor-in- years, the two semor commissioners retiring on the first 
 day of November of each and every year, and the Governor- 
 in-Council shall appoint two persons to fill the places of 
 
TITLE ■VIII.'] PUKLIC INSTRUCTION. ■2iS 
 
 4he two retiring commissioners, who shall hold office for Chap. 29. 
 three years. 
 
 97. The eommissisners appointed by the City Council I'urationotofflce 
 ■shall likewise hoM office draring the period of thiiee years, appointed by"thl 
 the two senior commissioners retii-ing on the first day of '^'*' °°™'^^- 
 IS'overaber In -each and every year, and the City Council 
 
 •on the firsft >day -of Novenalser of each year or as soon there- 
 after as conveniently may %e, shall appoint two persons to 
 hold office for three years, to fill the places of the two 
 Tetiring commissioners. 
 
 98. No such commissioner, whether appointed by' the Eligibility for re- 
 •Governor-in-Council or the City Council, shall fee eligible "'""""""'°*- 
 for re-appointment t» the board until the expiration of 
 
 twelve months from the time of his going out of oftce. ■ 
 
 99. Any extraordinary vacancy in the board caused Extraordinary 
 hj death, resignation, removal from the city, refusal ormied'up. ^°'" 
 inability to act or other cause, shall be filled by a 
 person appointed by the body or authority who shall have 
 appointed the person causing the vacancy, to hold office for 
 
 the unexpired term of the person so causing such vacancy. 
 
 100. If from any cause all or any of the persons to be when remaining 
 appointed either by the Governor-in-Council or by the "^Snilve p^ower 
 "City Council under the provisions of this Chapter shall nQt*°<^'- 
 have been appointed at the time fixed for such appoint- 
 ment or having been appointed shall not act, it shall be 
 
 lawful for the commissioners who may have been appointed 
 •and consented to act to act until the vacancies so existing 
 ■shall be filled up. 
 
 101. At the first meeting of the board in November in Election of chair- 
 •each year they shall elect a chairman and vice-chairman, chairman. 
 who shall, if they continue to be members of such board, 
 
 •remain in office untii their successors are appointed. 
 
 102. Notice of th-e first appointment of the eommis- Notice at ap- 
 ■sioners and of all subsequent appointments shall be published in" the 
 published in the Royal Gazette as soon as conveniently may ^°^^^ Gazette. 
 be after such appointments. 
 
 103. The board of commissioners shall take all necessary Duties of board 
 ^steps to provide sufficient school accommodation, and shall " '^'""™''^'™^™ 
 :furnish annually to the Superintendent of Education a 
 
 report of their proceedings under this Chapter, also returns 
 •of all schools subject to their control, and a statement of 
 the appropriation of all moneys received and expended by 
 them under the provisions of this Chapter. 
 
 104. The board of commissioners are authorized toBoard-otcommis- 
 ■co-operate with the governing body of any city school on any^dtj^^s^hooi 
 .-such terms as to the board shall seem right and proper, sof^/g^hooL ^^ * 
 that the benefits of such school may be as general as 
 tcircumstances will permit j and the board may make such 
 
24G PUBLIC! rNSTRUGTIOI?; [PAET L. 
 
 Chap. 29. allowance to any such school out of the funds under their 
 control as shall be deemed just and equitable ; but no> 
 public funds shall be granted by them in support of any 
 school unless the same be a free school. 
 City coiitTL-n 105. On request of the board ©f cGmimi.ssioners speci- 
 requiv?dby CO™ fying the amount required in addition to the sums provided 
 missioners^ ^tor fpom the Provincial Treasury for the yearly support and. 
 maintenance of the scheols under their charge, the City 
 Council shall be authorized and are hereby required to ad(5 
 a sum sufficient, after deducting costs of collection and 
 probable loss, to yield the anKHjat so specified by the board. 
 Mode of assesB-to the general assessment of the city, to- be levied and 
 ""*"'■ collected from the inhabitants thereof and from property 
 
 lying within th& county the owners ^yhereof reside in the- 
 eity ; and on the payiaent of tlie required fee- the city 
 assessors shall furnish to the trustees of Dartmouth or other 
 school section, and the clerk of the peace for the- county 
 shall furnisli to the c4ty assessors, the information necessary 
 in order to- give effect to this provision. Amy person who- 
 may have been assessed both in, the city and in Dartmouth,, 
 or any of tlie school sections in the county in. respect of 
 such property, shall be entitled to receive back the amount, 
 paid by him either in the city or in Dartmouth gh other- 
 schools sections as the case- may be in accordance with the- 
 foregoing construction of the law. The sum so- assessed 
 shall be paid quarterly by the city treasurer tothe board,, 
 upon the written order of th& chairman, or vice-chairman. 
 Not tt. exceed' Provided howBver, that the commissioners shall not have- 
 ' ' power to asse&s the city for any greater sum than sixty 
 
 thousand dollars ia any one year without the consent o£ 
 the Governor-in-C®uncil given at the request ©f suok 
 commissioners. , 
 
 Objects provided 106. The objects to- be provided for by the board of' 
 
 for out of assess- . • i. r j.1 i i it i j_i 
 
 ment. commissioners out ot the sum so asse.^sed. slialt be trie- 
 
 salaries of teachers and assistants, asd of the- secretary, of 
 the board, the leasing of lands and buildings for schooli 
 purposes,, the repairing and improving of grounds and 
 buildings, the cleaning, fuel, and insurance of school houses,, 
 the purchase of prescribed school books, the interest, 
 paj'^able on debentures issued by the- board, and all other 
 expenses required in the due execution of the difTerent 
 powers and trusts vested in. the board hj this Chapter.. 
 
 Board may Bor- 107. The board of Commissioners shail have power to. 
 
 sites and.'^buiw^- sslect and, purcha.se sites for school buildings, and shall 
 
 ings. have power to borrow n^oney for the purchase of the- 
 
 same ; as also for the purchase or erection of school 
 
 buildings, the improvement of school grounds, and the- 
 
 purchase of suitable furniture and apparatus for the ach.Qol* 
 
TITLE VIIlJ PUBLIC INSTRUCTION. 247 
 
 under their control ; but the commissioners shall not enter Chap. 29. 
 into any contract for the purchase of any land nor for the proviso. 
 erection of any school building until such contract has 
 been submitted to and obtained the approval of the 
 Governor-in-Council. 
 
 108. To enable the commissioners to borrow money, J°^'''^™''y'^™^ 
 they may issue debentures in such form and for such sums 
 
 as they may decide upon, payable Math interest in twenty- 
 five years from the date thereof, free from taxation ; such 
 debentures 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 
 debentures shall be sealed with the corporate seal of the 
 board, and shall be signed by the chairman and counter- 
 signed by the secretary. 
 
 109. The board of commissioners are hereby invested Title to pubue 
 with the title of all public school property, real and (exoe°pt ^Hamax 
 personal, within the city (with the exception of the Halifax lesJenn^w'i 
 Grammar School), and may sell and dispose of the same «* (^^mmissioners 
 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. 
 
 110. The commissioner whose name shall stand first on chairman of 
 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. 
 
 111. Every male person of full age having been resident ^,^^ ^^,3 ^eBi- 
 in the city six months or upwards immediately previous to <^™^ of *"" ^ge 
 
 ,T , r p.i ■•-,• ii- to pay one dollar 
 
 the levying of the assessment m any year, not being for the support 
 
 assessed to the amount of one dollar for the support of''*P"''""='='^<""^- 
 
 public 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 assessment 
 
 any person whom they may deem unable to pay the same. 
 
 112. The Superintendent of Education shall be empow- to%'ay 'comml 
 ered to pay to the board of commissioners the grants ^™^^™^s''='"'* '° 
 provided by law for teachers and assistants employed in 
 
 the city. 
 
 113. The board of commissioners for the city shall be commissioners 
 empowered to dispose of debentures, authorized under this dltentiires.^" "^ 
 Chapter at current raies. 
 
 114. The board of commissioners for the city shall be po^m'^sioners 
 
 .,,, . . . Ill t'O receive one 
 
 entitled to receive a sum in no case to exceed a thousand thousand dollars. 
 
24S UNIVERSITY OF HALIFAX. [PAKT I. 
 
 Chap. 30. dollars annually as remuneration for their services ; such 
 
 remuneration to be apportioned according to the promptness 
 
 and regularity of the attendance of the members of the 
 
 board, and the amount of labor performed by each, as the 
 
 board may decide. 
 
 City Treasurer to 115. ^.11 moncys assesscd OH the City of Halifax for 
 
 to board. educational purposes, and in the hands of the city 
 
 treasurer, shall be paid over by him to the commissioners 
 
 of schools for the City of Halifax, at the times and in the 
 
 manner hereinbefore provided. 
 
 comnussioners HQ^ Thg commissioncrs of schools for the City of 
 
 school houses. Halifax are authorized to effect insurances on school houses. 
 
 How far pro- 117. The provisions of this chapter, except as herein 
 
 apply to Haiita.t. otherwise Specified, shall apply to the City of Halifax ; 
 
 provided that the pupils of any ward shall be entitled to 
 
 school privileges in any other ward. 
 
 OHAPTEK 30. 
 
 OF THE UNIVERSITY OF HALIFAX. 
 
 The University 1. The University of Halifax, a body politic and 
 ?oiit?nuiTo te"" corporate under and by virtue of Chapter 28 of the Acts 
 body politic and of 1876, shall continuc to be a body politic and corporate 
 under the said name as constituted by the said Chapter 
 and any Act in amendment thereof and any minute of 
 council or order of the Governor-in-Council made in 
 pursuance of the said Act. 
 
 Corporation may 2. The corporation may purchase, take and hold real 
 hold property. ^^^ personal estate not exceeding the annual value of 
 thirty thousand dollars ;,such annual value to be calculated 
 and ascertained at the period of taking, purchasing or 
 acquiring the same ; and may grant, sell, lease, mortgage 
 or otherwise dispose of the same as may be deemed 
 expedient for the interests of the University. 
 
 Corporation to 3. The Corporation shall consist of a chancellor, vice- 
 ceuo/, v?ce-chan- chancellor, fellows and graduates ; and there shall be 
 8^raduates°"'^"^*^^^*'y'^our fellows, exclusive of the chancellor and vice- 
 chancellor for the time being. The fellows shall be such 
 persons as the Governor-in-Council shall from time to time 
 appoint as fellows, and as shall be appointed as fellows by 
 the members of the Senate under the power hereinafter 
 contained ; and the graduates shall be the persons on whom 
 
TITLE VIII.] UNIVERSITY OF HALIFAX. 249 
 
 respectively any of the institutions mentioned in the first Chap. 30. 
 section of Chapter 28 of the Acts of 1876 conferred any 
 degrees, and the persons on whom respectively the 
 University hereby created shall hereafter confer degrees. 
 
 4. The chancellor, vice-chancellor and fellows for time senate. 
 being shall constitute the Senate of the University. 
 
 5. Whenever a vacancy shall occur in the office of A.p''"''',?'"®"* ° 
 
 1 11 n 1 . ..1111 . . Chancellor. 
 
 chancellor oi such university either by death, resignation 
 or otherwise, the Governor-in-Council shall nominate and 
 appoint a fit and proper person to be chancellor instead of 
 the chancellor occasioning such vacancy ; and in the 
 meantime the duties of the chancellor shall be performed 
 by the vice-chancellor, or fellow performing the duties of 
 vice-chancellor under the provision hereinafter contained ; 
 and the vice-chancellor or fellow so performing the duties 
 of vice-chancellor and fellows shall have all such powers 
 as are hereby given to the chancellor, vice-chancellor and 
 fellows, or to the Senate. 
 
 6. The office of vice-chancellor of the university shall p^e-ohanceiior, 
 be an annual office ; and the members of the Senate shall, 
 
 at a sitting to be held by them for that purpose on some 
 day within a month before the expiration of the tenure 
 of such office, of which due notice shall be given, elect 
 some one of the fellows of the university to be the 
 vice-chancellor, and so from time to time annually ; or in 
 case of the death, resignation or other avoidance of any 
 such vice-chancellor before the expiration of his year of 
 office shall at a meeting to be held by them for that 
 purpose, as soon as conveniently may be, of which due notice 
 shall be given, elect one other of the said fellows to be 
 vice-chancellor for the remainder of the year in which such 
 death, resignation or other avoidance shall happen; and 
 until such election the duties of vice-chancellor shall be 
 performed by the senior fellow for the time being. The 
 seniority of the fellows first appointed shall be determined 
 by the order in which their names shall appear in the 
 instrument of appointment or in the announcement of 
 their appointment in the Royal Gazette, and the seniority 
 of fellows afterwards appointed or elected at the same 
 time, by the order in which their names shall appear in 
 the instrument of appointment or the instrument or 
 certificate of election. In the event of a vacancy existing 
 in the office of vice-chancellor for more than one year 
 owing to failure of the members of the Senate to elect a 
 vice-chancellor as hereinbefore provided, any five fellows 
 of the university may by writing under their hand, 
 published in the Royal Gazette for at least one month, 
 convene a meeting of the Senate at a time and place to 
 
250 
 
 UNIVERSITY OF HALIFAX. 
 
 [part I. 
 
 Fellows. 
 
 Appointment 
 fellows. 
 
 Ditto. 
 
 Chap. 30. be named in the said writing or notice, and the members 
 of Senate present at said meeting may proceed to elect a 
 vice-chancellor who shall hold office for one calendar year 
 next after such election. 
 
 7. If at any time by death, resignation or otherwise, a 
 vacancy shall be created in the body of the fellows, then, 
 and so often as the same shall occur, new fellows shall be 
 appointed in manner herein provided, so that the number 
 of twenty-four fellows may he kept complete, exclusive of 
 the chancellor and vice-chancellor for the time being. 
 
 of 8. To all vacancies which shall from time to time occur 
 while the number of fellows shall amount to or exceed 
 seventeen, exclusively of the chancellor and vice-chancellor 
 for the time being, the Governor-in-Council shall from time 
 to time appoint a new fellow or new fellows. 
 
 9. Until the number of fellows of the University who 
 shall have been selected from a list of persons to be 
 nominated by convocation under the power hereinafter 
 contained shall amount to or exceed six, every second 
 fellow, or one out of every two fellows who shall be there- 
 after appointed by the Governor-in-Council, shall be chosen 
 from a list of three persons to be nominated by convocation 
 under the power hereinafter contained ; and when and so 
 soon as there shall be six fellows for the time being who 
 shall have been so selected, thenceforth every fourth fellow, 
 or one out of every four fellows who shall be thereafter 
 appointed by the Governor-in-Council shall be chosen out 
 of a list of three persons to be nominated by convocation 
 as aforesaid. 
 
 tei- 10. If at any time by death, re.signation or otherwise 
 the number of the fellows of the university shall be reduced 
 below the number of seventeen, exclusive of the chancellor 
 and vice-chancellor for the time being, then in such ease, 
 and so often as the same shall happen, the members of the 
 Senate shall, as soon as conveniently may be, at a meeting 
 to be held for that purpose, of which due notice shall be 
 given, elect eight or more fit and proper pei'sons to be 
 fellows in addition to the then remaining fellows ; to the 
 end that by means of such election the number of twenty- 
 four fellows of such university may be completed, exclusive 
 of the chancellor and vice-chancellor of the university; 
 but at least one-fourth of the whole number of fellows 
 who shall be so elected by the Senate shall be chosen from 
 a list of persons to be nominated by convocation, such list 
 to contain three times the number of persons to be selected 
 therefrom. Until the number of members of convocation 
 shall exceed twenty, the power of nominating persons for 
 
 Election 
 lows. 
 
TITLE Till.] UNIVERSITY OF HALIFAX. 251 
 
 fellowship herein conferred on convocation shall be Chap. 30. 
 exercised by the Senate of the University. 
 
 11. The following graduates of the University for the convocation, 
 time being shall constitute the convocation of the university 
 
 (that is to say), all doctors of law, doctors of medicine, 
 dpctors of science and masters of arts, all bachelors of law 
 and bachelors of medicine of two years' standing, and all 
 bachelors of arts and bachelors of science of three years' 
 'standing, and also all graduates holding such other degrees 
 to be hereafter conferred by the university, as shall be 
 recognized as qualification for admission to convocation by 
 resolution of convocation in manner hereinafter provided ; 
 and the standing of all the graduates on whom degrees- 
 were conferred by the various universities and colleges 
 now existing and in the third section, particularly men- 
 tioned, shall be computed from the respective times when 
 such degrees were actually conferred, precisely as if the 
 university hereby created had been then in existence, and 
 had conferred the same degrees, except that no graduate 
 of any of such universities or colleges shall be admitted 
 as a member of convocation who shall not cause his name 
 and such further particulars as may be required to 
 be entered on the register of convocation hereinafter 
 mentioned. 
 
 12. A register of the graduates constituting for the Register, &e. 
 time being the convocation of the University of Halifax 
 
 shall be kept by such officer and in such manner as the 
 Senate of such University shall from time to time appoint 
 and direct, which register shall be conclusive evidence that 
 any person whose name shall appear thereon at the time 
 of his claiming to vote in convocation is so entitled to 
 vote, and that any person whose name shall not appear 
 thereon at the time of his claiming to vote in convocation 
 is not so entitled to vote. Such graduates present and 
 future shall pay such reasonable annual fees in that behalf, 
 and at such times and with such liberty to compound for 
 the same as the Senate with the concurrence of convocation 
 and with the approbation of the Provincial Secretary shall 
 from time to time direct, and such Senate may make such 
 by-laws and regulations as may be deemed expedient for 
 taking off the name of any such graduate as aforesaid for 
 non-payment of such fees and for reinstating such name 
 on such terms as they shall by such by-laws prescribe in 
 that behalf. 
 
 13. The Lieutenant-Governor of Nova Scotia for the visitor, 
 time being shall be the visitor of the University, with 
 authority to do all those things which pertain to visitors 
 
 as often as to such Lieutenant-Goveriior shall seem meet. 
 
252 UNIVERSITY OF HALIFAX. [PART I. 
 
 Chap. 30. 14. The Senate for the time being shall have the 
 
 Powers and du- entire management and superintendence over the affairs, 
 ties of senate, concems and property of the University of Halifax ; and 
 in all cases unprovided for by this Chapter it shall be 
 lawful for the Senate to act in such manner as shall appear 
 to them best calculated to promote the purposes intended 
 to be promoted by the University. And such Senate shall 
 have full power from time to time to make and alter any 
 by-laws and regulations (so as the same be not repugnant ' 
 to the laws of the Province or to the general objects and 
 provisions of this Chapter) touching the examination for 
 degrees and the granting of the same, and touching the 
 mode and time of convening the meetings of the Senate 
 and the meetings of convocation, and in general touching 
 all other matters whatsoever regarding the University not 
 otherwise expressly provided for by this Chapter. And 
 all such by-laws and regulations when reduced into writing 
 and after the common seal of the University shall have 
 been affixed thereto, shall be binding upon all persons 
 members thereof, and all candidates for degrees to be 
 conferred by the same ; all such by-laws and regulations 
 having been first submitted to and approved by the 
 Governor-in-Council. Provided always that it shall not be 
 lawful for such Senate to impose on any person any 
 compulsory religious examination or test; nor to do or 
 cause or suffer to be done anything that would render it 
 necesary or advisable with a view to academical success or 
 distinction that any person should pursue the study of 
 any materialistic or sceptical system of logic or mental 
 or moral philosophy. 
 
 Majority of sen- 15. All qucstions which shall come before the Senate 
 shall be decided by the majority of the members present ; 
 and the chairman at any such meeting shall have a vote, 
 and in case of an equality of votes a second or casting 
 
 Quorum. vote. No qucstion shall be decided at any meeting unless 
 
 the chancellor or vice-chancellor and five fellows, or in the 
 absence of the chancellor and vice-chancellor unless six 
 fellows at the least, shall be present at the time of such 
 decision. At every meeting of the Senate the chancellor, 
 or in his absence the vice-chancellor, shall preside as 
 chairman ; or in the absence of both, a chairman shall be 
 chosen by the members present, or the major part of them. 
 
 Senate to ap- 16. The Senate for the time being of the University 
 
 point examiners, gj^g^n ^^^^^ f^^ p^^^^ ^^^^ j^j^j^ (.^ j_ij^g ^^^ appoint, and aS 
 
 they shall see occasion to remove all examiners, officers and 
 servants of such University. 
 
 Powers of cooTo- 17. The couvocation of the University shall have the 
 powers following (that is to say), — The power of nominating 
 
TITLE VTII.] UNIVERSITY OF HALIFAX. 253 
 
 three persons for every fellow to be appointed in the Chap. 30. 
 
 manner hereinbefore mentioned from a list nominated by 
 
 the convocation as provided by this Chapter ; with power 
 
 to the convocation if it shall think fit to enable absent 
 
 members of the convocation to vote on such nominations 
 
 of lists by voting-papers in such form or to such effect, 
 
 and to be signed, transmitted, verified and recorded in 
 
 such manner and subject to such regulations and provisions 
 
 as the convocation may from time to time determine, but 
 
 not so to vote on any other matter: — The power of 
 
 discussing any matter whatsoever relating to the University, 
 
 and of declaring the opinion of convocation in any such 
 
 matter. The power of deciding as to the recognition upon 
 
 such terms as the Senate shall propose of any degree to be 
 
 hereafter conferred under this Chapter, other than degrees 
 
 in arts, laws, science and medicine, as a qualification for 
 
 admission to convocation. The power of deciding on the 
 
 mode of conducting and registering the proceedings of 
 
 convocation. The power of appointing and removing a 
 
 clerk of convocation and of prescribing his duties. Except 
 
 as expressly hereby provided, the convocation shall not be 
 
 entitled to interfere in or have any control over the 
 
 affairs of the University. 
 
 18. Once at least in every year, and as often as they may Meetinsrs of con- 
 think fit, the Senate shall convene a meeting of convocation. ^'>'''"""- 
 
 19. If fifteen or more members of convocation shall Extraordinary 
 by writing under their hands require the chairman for™'/„'tfg'^°' '=°"' 
 the time being of convocation to be appointed as hereinafter 
 prescribed to convene an extraordinary meeting of convo- 
 cation, and such requisition shall express the object of the 
 meeting required to be called, it shall be lawful for the 
 chairman to convene a meeting of convocation ; provided Proviso, 
 always that after the first of such extraordinary meetings 
 
 no such extraordinary meeting shall be so convened until 
 the expiration of three calendar months from the last of 
 such extraordinary meetings; and provided also that no 
 matter shall be discussed at any such extraordinary 
 meeting; except the, matter for the discussion whereof it 
 was convened. 
 
 20. The Senate shall provide a proper place for the senate to provide 
 meetings of convocation; and the proceedings of &nyf^^''J°l„^^^, 
 meeting of convocation shall be transmitted to the Senate »'<>■•■ 
 
 at the next following meeting of the Senate. 
 
 21. Notice of the meetings of convocation shall be N»Ji=e^^o'^^'"'='» 
 given by advertisement, or in such other manner as the 
 
 Senate shall from time to time determine. Whenever the 
 Provincial Secretary for the time being of this Province 
 shall notify to the Senate that the Governor-in-Council is 
 
254 trxiVEEsiTY OP Halifax. [part i. 
 
 Chap. 3t). desirous of appointing a fellow or a number of fellows and 
 of having submitted to such Governor-in-Council a list of 
 persons from which to select such fellow or fellows, then 
 the Senate shall, as soon thereafter as conveniently may- 
 be, convene a meeting of convocation ; and such meeting 
 shall nominate three persons not being fellows if one fellow 
 is to be appointed, or three times as many persons not 
 being fellows as there .shall be fellows to be so appointed 
 if there shall be more than one fellow to be appointed. 
 Chairman of con- 22. A persofl shall be appointed by the Senate to 
 rhosen"by'nien> preside at the meeting of convocation ; and at such meeting 
 ^'^- a standing chairman of convocation shall be chosen by the 
 
 members present, or the major part of them. 
 To hold office for 23. The officc of chairman of convocation shall be an 
 three years, &e. Q^jgg hg}(j fgj. jj^jg term of three years, unless sooner 
 determined by death, resignation or otherwise; but the 
 chairman shall be eligible for re-election. Within the year 
 preceding the expiration of every term of such officer, or 
 in case of the death or resignation of the chairman or any 
 vacancy of such office, the members of convocation present 
 at any meeting duly convened or the major part of them 
 shall elect a chairman, who if elected during the term of 
 office of any chairman, shall hold office three years after 
 the expiration of the tenure of office of such chairman, 
 and if elected during a vacancy then till the expiration of 
 the third year after the commencement of such vacancy. 
 If from any cause no chairman is elected to succeed any 
 chairman for the time being, then such last mentioned 
 chairman shall continue in office until his successor is 
 appointed. 
 Chairman pro 24. If the chairman shall be absent at the time of the 
 meeting of convocation, or if there shall be a vacancy in 
 the office, then before proceeding to business the members 
 of convocation then present or the mgjor part of them 
 shall elect a chairman, who shall hold office during such 
 meeting only. 
 Majority of con- 25. All questions which shall come before convocation 
 shall, subject t® the previsions hereinbefore contained with 
 respect to nominations of lists of fellows, be decided by 
 the majority of the members present exclusive of the 
 chairman ; but the chairman at any meeting thereof shall 
 in case of an equality -of votes have a casting vote. 
 Quonim of con- 26. No questiou shall be decided at any meeting of 
 ^convocation unless twenty membei-s at least shall be present. 
 Adjournment. 27. Any meeting of convocation shall have power to 
 
 adjourn to a future day. 
 Examinations for 28. Once at least in every year the Senate of the 
 egrces. University shall cause to be held -an examination of candi' 
 
TITLE VIll] UNIVERSITY OF HALIFAX. 255 
 
 dates for degrees ; and on every such examination the Chap. 30. 
 candidates shall be examined by examiners appointed for 
 the purpose by the Senate, and on every such examination 
 the candidates shall be examined in as many branches of 
 general knowledge as such Senate shall consider the most 
 fitting subjects of such examination. 
 
 29. Persons shall be admitted as candidates for the Degrees. 
 respective degrees of bachelor of arts, master of arts, 
 bachelor of laws and doctor of laws, bachelor of science 
 
 and doctor of science, and any other degrees which the 
 Senate of the University may hereafter from time to time 
 determine to confer in pursuance of the power hereinafter 
 contained other than degrees in medicine and surgery, on 
 satisfying such Senate that they respectively have com- 
 pleted in any of the institutions hereinafter mentioned 
 whilst in connection with the University herebj'- created, 
 or any other institution for the time being in connexion 
 with such University as hereinafter provided for, the 
 course of instruction which such Senate shall from time to 
 time by regulations in that behalf determine. 
 
 30. The following institutions shall be in connection institutions m 
 with the University of Halifax for the purpose set forth ZvlSy. '"'" 
 in the last preceding section, that is to say : King's College 
 
 at Windsor ; Dalhousie College and Saint Mary's College 
 in the City of Halifax ; Acadia College at Wolfville ; The 
 College of St. Francis Xavier at Antigonishe ; and Mount 
 Allison Wesleyan College at Sackville, New Brunswick ; 
 and it shall be lawful for the Senate, with the consent of 
 the Governor-in-Council, from time to time to alter and 
 amend the list of institutions in connection with such 
 University by adding any other institutions thereunto. 
 
 31. Persons not educated in any of such institutions candidates tot 
 for the time being connected with such University shall be ""' "™ ^ ""'" 
 admitted as candidates for matriculation, and for any of 
 
 the degrees hereby authorized to be conferred by such 
 University of Halifax other than degrees in medicine or 
 surgery, on such conditions as the Senate by regulations 
 in that behalf shall from time to time determine. 
 
 32. For the purposes of granting the degrees of candidatesford*. 
 
 -,, p T-i, p T ■ 1, • gfess in medioiue 
 
 bachelor or medicine, doctor oi medicine and master in and surgery. 
 surgery, and for the improvement of medical education in 
 all its branches, as well in medicine as in surgery, mid- 
 wifery and pharmacy, it shall be the duty of the Senate 
 from time to time to report to the Governor-in-Council 
 what appear to thein to be the medical institutions and 
 schools in the Dominion of Canada or elsewhere from 
 which it may be fit and expedient in the judgment of such 
 Senate to admit candidates for medical degrees, such 
 
256 UNIVERSITY OF HALIFAX. [PART I. 
 
 Chap. 30. report to be approved by the Governor-in-Council ; and no 
 persons shall be admitted as candidates for the respective 
 degrees of bachelor of medicine, doctor of medicine or 
 master in surgery, to be conferred by the University of 
 Halifax, unless they shall satisfy such Senate that such 
 persons have in any one or more of such institutions or 
 schools completed the course of instruction which such 
 Senate by regulation in that behalf shall determine ; and 
 no person shall be admitted as a candidate for the degree 
 of master in surgery unless he shall be previously a 
 bachelor of medicine of such University ; and it shall be 
 lawful for such Senate from time to time, with the approval 
 of the Governor-in-Council, to vary, alter and amend any 
 such report, by striking out any of such institutions or 
 schools included therein or by adding others thereunto. 
 
 Senate may ex- 33. The Senate of the University shall have power to 
 
 amine for and • p i i?j. • x* j. X' '^ T_ l 
 
 confer degrees, examine lor, and after examination to confer m such mode 
 and on compliance by the candidates with such conditions 
 as they shall from time to time determine, the several or 
 such as they shall think tit of the degrees of bachelor and 
 master of arts, bachelor and doctor in laws, science and 
 medicine, and master in surgery ; and also to confer the 
 several degrees of bachelor, master and doctor in any 
 departments of knowledge whatever, except theology, as 
 such Senate by regulation in that behalf sliall from time 
 to time determine, and whether such departments of 
 knowledge shall or shall not include any portion of the 
 departments of knowledge for which degrees in arts, law, 
 science and medicine, or any of them, are authorized to be 
 conferred by this Chapter ; and such reasonable fees may 
 be charged for or in any respect of such examination and 
 degrees respectively or either of them as such Senate, with 
 the approbation of the Governor-in-Council, shall from 
 time to time direct. 
 
 CertiBM^e of de- 34. At the conclusiou of every examination of the 
 candidates the examiners shall declare the name of every 
 candidate whom they shall have deemed to be qualified to 
 receive any of such degrees, together with such particulars 
 as such Senate shall from time to time determine; and 
 every such candidate shall, if otherwise approved by such 
 Senate, and if they shall think fit, receive from the 
 chancellor a certificate under the seal of the University of 
 Halifax, and signed by such chancellor, or in his absence 
 or incapacity by the vice-chancellor, in which the degree 
 allowed by such Senate to be taken by him shall be stated, 
 together with such other particulars if any as such Senate 
 shall deem fitting to be stated therein. 
 
TITLE VIII.] UNIVERSITY OF HALIFAX. 257 
 
 35. The Senate of the University shall also have power Chap. 30. 
 to confer any of such degrees as ad eundem degrses ; ^^ eundem de- 
 hut no degree so conferred shall, without the consent of s^ees. 
 convocation in each case, entitle the holder thereof to be or 
 
 become a member of convocation. 
 
 36. Such Senate shall have power to examine for and certificates of 
 after examination to grant, in such mode and on compliance p™'''='®"°^- 
 by the candidate with such conditions as they shall from 
 
 time to time determine, certificates of proficiency in such 
 branches of knowledge as such Senate shall from time to 
 time by regulations made in that behalf determine ; and 
 in addition to the examination of candidates for degrees 
 in this Chapter mentioned and ordained, such Senate may 
 cause to be held from time to time examinations of persons 
 who shall have prosecuted the study of such branches of 
 knowledge and who shall be candidates for such certificates 
 of proficiency as aforesaid, subject to such regulations as 
 by the Senate shall from time to time be made in that 
 behalf ; and on every such examination the candidates 
 shall be examined by examiners appointed by such Senate ; 
 and at the conclusion of every examination of the candi- 
 dates the examiners shall declare the name of every 
 candidate whom they shall have deemed to be qualified to 
 receive any such certificate, together with such particulars 
 as the Senate shall from time to time determine ; and he 
 shall, if otherwise approved by such Senate, and if they 
 shall think fit, receive from the Chancellor a certificate 
 under the seal of the University of Halifax and signed 
 by such Chancellor, or in his absence or incapacity by the 
 vice-chancellor, in which the branch or branches of 
 knowledge in respect of which he has been allowed by 
 such Senate to obtain the certificate shall be stated, 
 together with such other particulars if any as the Senate 
 shall deem fitting to be stated therein. And such reasonable 
 fees may be charged for or in respect of such examinations 
 and certificates of proficiency respectively or either of 
 them, as such Senate with the approbation of the Governor- 
 in-Council shall from time to time direct. 
 
 37. All fees shall be carried to one general f^e fund Fees,accounts,&c 
 for the payment of the expenses of the University of 
 Halifax, under the directions and regulations of the 
 Oovernor-in-Council, to whom the accounts of income and 
 expenditure of the University shall once in every year be 
 submitted ; which accounts shall be subject to such exami- 
 nation and audit as the Governor-in-Council may direct. 
 
 38. All by-laws and regulations made by the Senate By-iaws and re- 
 from time to time in relation to any of the matters °"'^''™^" 
 
 18 
 
258 EDUCATION OF DEAF OR DEAF MUTE PERSONS. [PART I. 
 
 Chap. 31. hereinbefore mentioned shall be submitted to and approved 
 by the Governor-in-Council as hereinbefore provided. 
 
 Construction of 39. This Chapter shall be construed and adjudged in the 
 
 this Chapter, most favorable and beneficial sense for the University, as 
 well in the provincial courts of law and equity as elsewhere. 
 
 Report by senate 40. The Senate shall annually report to the Governor- 
 in-Council at such time as he shall appoint upon the 
 transactions of the University during the year preceding 
 such report, and upon the general state and prospects of 
 the same, and such other particulars as such Senate shall 
 deem proper, or as the Governor-in-Council shall require ;. 
 the Senate shall also whenever required so to do by the 
 Governor-in-Council report specially upon any matters or 
 subjects connected with the University ; and every such 
 annual or special report shall be laid before the Legislature 
 of Nova Scotia at its then or next ensuing session. 
 
 OHAPTEE 31. 
 
 OF THE EDUCATIOX OF DEAF OR DEAF MUTE PERSONS; 
 
 Provisions for 1- The parent or guardian of any deaf or deaf mute 
 admission into person of souud mind, between the ages of eight and 
 
 Halifax Institu- r ' .p i./~ii,n" 
 
 tion for the deaf eighteen years, who has under the provisions oi Chapter 6-3 
 and dumb. ^j ^^^ Revised Statutes of Nova Scotia, " of the Settlement 
 and Support of the Poor," a settlement within any county 
 or district of the Province incorporated by the Chapter 
 entitled, " of County Incorporation," of the Revised Statut; s 
 of Nova Scotia, may apply to the warden of the munici- 
 pality for an order for the admission of such person into 
 the Halifax Institution for the Deaf and Dumb ; which 
 order the said warden shall at once grant, under his hand 
 and the corporate seal of the municipality, on being satisfied 
 that such deaf or deaf mute person is between the ages- 
 above prescribed and of sound mind and has a legal settle- 
 ment in the municipality. 
 Admission to be 2. Such Order shall entitle the deaf or deaf mute 
 ?^^ons'of?n6tlS-P^'^s°'^ named therein to be received into the Halifax 
 tion. Institution for the Deaf and Dumb, subject to the rules 
 
 and regulations of that institution and to conditions here- 
 inafter described, to be educated and boarded therein 
 Terms of admis- during the school tcrms. Pupils under twelve shall be 
 entitled to remain eight years ; those entering between the 
 ages of twelve and fifteen shall be entitled to remain six 
 years, and those between fifteen and eighteen four years. 
 
TITLE VIII.] EDUCATION OF DEAF OR DEAF MUTE PEESONS. 259 
 
 Ifc being further provided that in the case of hopeless Chap. 31. 
 incapacity, serious misconduct or other sufSofent cause on Proviso. 
 the part of any pupil, the allotted term may be shortened 
 at the discretion of the board of directors of said institution. 
 
 3. For every deaf or deaf mute person received into ^"p^^^ <>' ^da- 
 the Halifax Institution for the Deaf and Dumb pursuant frayed. 
 
 to this Chapter and educated and boarded therein, the 
 board of directors of the Halifax Institution for the Deaf 
 and Dumb shall be entitled to receive from the Provincial 
 Treasury at the rate of sixty dollars per annum, payable 
 half-yearly, and also to receive at the same rate from the 
 county school fund of the municipality to which the said 
 deaf or deaf mute person belongs. When such municipality 
 shall not comprise an entire county the last-mentioned 
 grant of sixty dollars shall be charged against the county 
 school funds of both districts included within the county 
 in proportion to the amounts of their respective school 
 allowance derived from the county school funds. 
 
 4. It shall be the duty of the directors of the Halifax Directors to fur- 
 Institution for the Deaf and Dumb to furnish semi-annually retarnT'^"""*' 
 to the Council of Public Instruction full returns of the 
 
 names, ages, residence, &c., of the pupils in respect of whom 
 the above grants may be claimed. 
 
 5. In the semi-annual apportionment of the county P"'''=? °^ si^?"- 
 school fund the Superintendent of Education shall include cation. 
 
 the amounts due the directors of the Halifax Institution 
 for the Deaf and Dumb, and issue drafts therefor on the 
 treasury of the respective municipalities. 
 
 6. The Provincial Secretary shall be ex officio a Provincial secre- 
 member of the board of directors of the Halifax Institution BoardoTDfrect- 
 for the Deaf and Dumb. °"- 
 
 7. In the case of any incorporated city or town within Assessment of 
 the Province in which any such deaf or deaf mute person or town in cer- 
 as is designated in the first section of this Chapter has a*™ ''^^^^' 
 legal settlement, an allowance to the board of directors of 
 
 the said institution of sixty dollars per annum shall be 
 assessed upon the inhabitants of the said city or town, in 
 case such city or town does not contribute to or draw from 
 the county school fund, and in such case said sum shall be 
 paid to the said directors for each such deaf or deaf mute 
 person sent to the said institution ; and each such deaf or 
 deaf mute person shall be admitted to said institution in 
 the manner prescribed in the first section of this Chapter, 
 the chief executive officer of the corporation exercising the 
 powers therein conferred upon the warden of the munici- 
 pality. And there shall be paid to the said directors from tiLdiT^eaam^ 
 
260 EDUCATION OF THE BLIND. [PART I. 
 
 Chap. 82. the Provincial Treasury for each such deaf or deaf mute 
 person for ,^hich such city or town contributes such 
 allowance the sum of sixty dollars in like manner as is 
 provided in the third section of this. Chapter. 
 
 <jap. 7 Acts 1874 8. Chapter 7 of the Acts of 1874 is hereby repealed. 
 
 repealed. ■*■ ^ i 
 
 CHAPTEE 32. 
 
 OF THE EDUCATION OF THE BLIND. 
 
 Order for admis- 1. The parent or guardian of any blind person between 
 IcTooHor'B'lind! the ages of ten and twenty-one years who has, under the 
 provisions of Chapter 85 of the Revised Statutes of Nova 
 Scotia, " of the Settlement and Support of the Poor," 
 a settlement within any county or municipality of the 
 Province incorporated by the Chapter entitled, " of Count}' 
 Incorporation," of the Revised Statutes of Nova Scotia, 
 may apply to the warden of such municipality for an order 
 - for the admission of such person into the Halifax School 
 for the Blind, which order the said warden shall at once 
 grant under his hand and the corporate seal of the munici- 
 pality on being satisfied that such blind person is between 
 the ages above prescribed and has a legal settlement in the 
 municipality. 
 
 Effect of order of 2 Such Order shall entitle the blind person named 
 therein to be received into the Halifax School for the 
 Blind, and, subject to conditions hereinafter described, to 
 be educated and boarded therein during the school terms. 
 Pupils under thirteen years of age when entering the school 
 shall be entitled to remain seven years ; those entering 
 between the ages of thirteen and seventeen shall be entitled 
 to remain five years ; and those between the ages of seven- 
 teen and twenty-one years to remain three years. 
 
 Expense of edu- 3. For every blind person received into the Halifax 
 frayed. ^""^ ''"^ School for the Blind pursuant to this Chapter and educated 
 and boarded therein, the board of managers of the Halifax 
 School for the Blind shall be entitled to receive from the 
 Provincial Treasury at the rate of sixty dollars per annum, 
 payable half-yearly, and also to receive at the same rate from 
 the county school fund of the municipality to which the said 
 blind person belongs. When such municipality shall not 
 comprise an entire county the last-mentioned grant of sixty 
 dollars shall be charged against the county school funds of 
 both districts included within the county in proportion to the 
 
TITLE VIII.J EDUCATION OF THE BLIND. 261 
 
 amounts of their respective school allowance derived from Chap. 32. 
 the county school fund. ' 
 
 4. It shall be the duty of the managers of the Halifax Managers of 
 School for the Blind to furnish semi-annually to the returns. 
 Council of Public Instruction full returns of the names, 
 
 ages, residence, (Sic, of the pupils in respect of whom the 
 above grants may be claimed. 
 
 5. In the semi-annual apportionment of the county put'es of super- 
 school fund the Superintendent of Education shall include Education. 
 the amounts due the managers of the Halifax School for 
 
 the Blind and issue drafts therefor on the treasury of the 
 respective municipalities. 
 
 6. The Provincial Secretary shall be ex officio a member Provincial secre- 
 of the board of managers of the Halifax School for theB^oarcTT Man- 
 Blind. *^""- 
 
 7. In the case of any incorporated city or town within Assessment of 
 the Province in which any such blind person as is designated o"To»°rin cJ- 
 in the first section of this Chapter has a legal settlement, '^ "*^'^^- 
 
 an allowance to the board of managers of the said school of 
 sixty dollars per annum may be assessed upon the inhabi- 
 tants of the said city or town in case such city or town 
 does not contribute to or draw from the county school 
 fund, and in such case said sum shall be paid to the said 
 managers for each such blind person sent to the said school, 
 and each such blind person shall be admitted to said school 
 in the manner prescribed in the first section of this Chapter, 
 the chief executive officer of the corporation exercising the 
 powers therein conferred upon the warden of the munici- 
 pality, and there shall be paid to the said managers from 
 the Provincial Treasury for each such blind person for 
 which such city or town contributes such allowance the 
 sum of sixty dollars in like manner as is provided in the 
 third section of this Chapter. 
 
 8. The Governor-in-Council, upon being satisfied that Persons over the 
 an applicant has a settlement within the Province and has no one to bT°ad- 
 means for paying the expense of his or her education, may ^"g^'^ '" "^'''^'° 
 by order-in-council upon the recommendation of the board 
 
 of managers, make the provisions of this Chapter apply to 
 any blind person over the age of twenty-one years of age. 
 Such order-in-council shall entitle the blind person to be 
 received in the school on the same terms as persons 
 mentioned in the first and second sections of this Chapter. 
 
 9. The Governor-in-Council shall have authority by GoTernor-in- 
 order-in-council, upon the recommendation of the board of tend""time^^of 
 managers, to extend the time of any pupil who has entered "^idence. 
 under the provisions of this Chapter. 
 
262 commissioners of public charities. [part i. 
 
 Chap. 33. 
 
 TITLE IX. 
 
 OF PUBLIC CHARITIES AND THE POOR. 
 
 CHAPTER 33. 
 
 OF THE COMMISSIONERS OF PUBLIC CHARITIES. 
 
 Governorin- 1. The Govemor-in-Council i.s hereby authorized to 
 
 BoinT'Board ^o£ appoint three persons who together with the Commissioner 
 Commissioners, of Public Worlcs and Mines and the Mayor of the City of 
 
 Halifax shall constitute a board of commissioners to be 
 
 known and designated " The Commissioners of Public 
 
 Charities," and the Commissioner of Public Works and 
 
 Mines shall be chairman of such board. 
 Commissioners 2. The Commissioners of Public Charities shall be and 
 
 pora^te!'"''"'" are hereby constituted a body corporate, with all the rights, 
 
 powers and privileges incident to corporations in this 
 
 Province. 
 To have manage- 3. The financial and general management of the 
 tastituuon"''''" Provincial Hospital for the Insane, the Poor Asylum, and 
 
 the Provincial and City Hospital, shall be vested in the 
 
 Commissioners of Public Charities. 
 
 Term of office. 4. The three commissioners appointed by the Governor- 
 
 in-Council shall hold office for three years, and thereafter 
 one of them shall retire annually in the order in which 
 said commissioners shall be named in their original appoint- 
 ment ; but the retiring commissioners shall be eligible for 
 re-appointment, and all or any of the commissioners may 
 be removed by the Governor-in-Council at any time for 
 Pay of Commis- malfea.sance ; and such commissioners shall be entitled to 
 Bioners. receivc from the Pi'ovincial Treasury annually the sum of 
 
 twelve hundred dollars, which shall be apportioned amongst 
 such three commissioners in accordance with their attend- 
 ance at the meetings of the board, such attendance to be 
 determined by a register thereof to be signed by each 
 member present at each and every meeting. 
 
 Quorum. 5. Any three members of the board shall constitute a 
 
 quorum for the transaction of business, but no vote invol- 
 ving the appropriation of money shall pass in the absence 
 of the chairman. 
 
 Vacancy, how G. When any vacancj' shall occur in such board it 
 
 shall be filled by the Governor-in-Council, except in the 
 
TITLE IX.] COMMISSIONERS OF PUBLIC CHARITIES. 263 
 
 case of the Mayor of the City of Halifax, who shall always Chap. 33. . 
 be ex ojfficio a member of the board. 
 
 7. The Commissioners of Public Charities shall appoint Appointment of 
 such officials and employees as may be by them with the" 
 approval of the Governor-in-Council considered necessary 
 
 for the efficient management of the several institutions 
 under their charge whenever four members of the board, 
 including the chairman, shall be present. But ward attend- 
 ants of the Hospital for the Insane may be appointed on 
 the recommendation of the superintendent. 
 
 8. All real and personal property of the several Property vested 
 institutions referred to in section 3 in this Chapter shall crs. 
 hereafter be vested in and controlled by the Commissioners 
 
 of Public Charities. But no property, either real or personal 
 of the several institutions herein referred to, other than 
 such as it has hitherto been the custom for officials to sell, 
 shall be disposed of by sale or otherwise by the commis- 
 sioners unless with the approval of the Governor-in- 
 Couneil. Nothing herein contained shall affect in any 
 manner any existing and vested private rights. 
 
 9. The Commissioners of Public Charities shall have By-iaws, &c. 
 power to make such by-laws and regulations, subject to the 
 approval of the Governor-in-Couneil, as they may deem 
 necessary for the proper management of the institutions 
 
 under their charge. 
 
 10. The Commissioners of Public Charities shall also commissioners 
 
 -, .. i>-iiiii>i ' • , ^° ^'Si*' mstltu- 
 
 have power to visit, and it shall be their duty to visit attions. 
 least twice in every year, all the other charitable institutions 
 in the city of Halifax and town of Dartmouth receiving 
 grants of public money from the Provincial Treasury, and 
 to annually report to the Government upon their general 
 management and efficiency. 
 
 11. The assets of the commissioners of the Hospital certain assets 
 and Poor Asylum shall vest in the Commissioners of missioners. 
 Public Charities, who shall assume all the liabilities and 
 obligations of such commissioners of said Hospital and 
 
 Poor Asylum. 
 
 12. No Commissioner of Public Charities shall become no .commit- 
 
 ^ olOilcr TiO D6 COQ* 
 
 a contractor or security for anj' contractor for supplies or tractor, &o. 
 furnish any supplies to any of the institutions referred to 
 in this Chapter. 
 
 13. No expenditure beyond that requisite for the ^''p™'^''"'^' 
 ordinary maintenance of the institutions herein referred to 
 
 shall be entered into by the commissioners unless with the 
 approval of the Governor-in-Council. 
 
 14. All accounts of the Commissioners of Public •^^'^ounts- 
 Charities shall be audited at such times and in such 
 manner as the Governor-in-Council shall direct. 
 
264 settlement and support of the poor. [part i. 
 
 Chap. 35. 
 
 CHAPTER 34. 
 
 OF PROPERTY GRANTED IN TRUST FOR HOSPITAL FOR INSANE. 
 
 Where granted, 1. Where any lands, moneys, securities or other real 
 
 pointing trustees or personal estate has been or shall be granted, devised, 
 
 commiJaloners " bequeathed or given by any person for the use or benefit 
 
 of Public chari- of the Nova Scotia Hospital for the Insane, and the person 
 
 so granting, devising, bequeathing or giving has not 
 
 appointed or shall not appoint any trustees in whom the 
 
 same shall be vested for such use, or when the trustees 
 
 have ceased or shall cease to exist, such lands, moneys, 
 
 securities and real and personal estate shall be vested in 
 
 the Commissioners of Public Charities for the use and 
 
 benefit of the Nova Scotia Hospital for the Insane, to be 
 
 applied in such manner as the grantor, devisor or giver may 
 
 have directed. 
 
 toToTd'^rT'i'rt; ^' '^^^ Commissioners of Public Chaiities may take 
 
 in trust. and hold any real or personal property hereafter to be 
 
 granted, devised, bequeathed or given to them in trust for 
 
 the benefit of the Nova Scotia Hospital for the Insane for 
 
 such use and in the manner directed by such grantor, 
 
 devisor or giver. 
 
 Commissioners 3. The Commissioners of Public Charities may bring 
 
 for'recoifery*'"" and maintain such actions or suits as the circumstances 
 
 property. jjj^y require for the recovery of any real or personal 
 
 property which of right ought or should be held for or to 
 
 the use of such hospital. 
 
 How commis- 4. Such Commissioners of Public Charities shall invest 
 
 vest'^moneys re" any moneys received by them under the authority of this 
 
 ceived. Chapter (when such investment is not contrary to the 
 
 terms of the grant, devise, bequest or conveyance) in 
 
 debentures of the Dominion of Canada or of the City of 
 
 Halifax, or in real estate, or otherwise, as the Governor-in- 
 
 Council may direct. 
 
 CHAPTER 35. 
 
 OF THE SETTLEMENT AND SUPPORT OF THE POOR. 
 
 Meaningofwords 1. The words, towu.ship and settlement, when used in 
 settlement. *" this title shall be held to mean any district set off and 
 
 established as a district for the .support of the poor. 
 Appointment of 2. The council of cach municipality shall annually 
 
 ftvprspprsi_ _ -I.. ■ ('111 T. 
 
 out 01 every poor district appoint three ireeholdeis to be 
 
 overseers. 
 
TITLE IX.] SETTLEMENT AND SUPPORT OF THE POOB. 265 
 
 overseers of the poor ; and if any person so appointed Chap. 35. 
 shall cease to reside in any such poor district or shall die ' 
 
 within the period for which he was appointed, the warden 
 and any three councillors may appoint another to act 
 instead until the next meeting of the council, and such 
 overseers and their successors in office shall be a body 
 corporate. 
 
 3. Every person who has lived as a hired servant one settlement, how 
 whole year therein under an agreement to serve the same ^°'""^'^' 
 master one whole year then next before application for 
 
 relief, or has executed a public annual office therein, or 
 has been assessed and paid his share of poor or county 
 rates in the poor district during one year at one time, shall 
 be entitled to a settlement ; and any person who shall have Persons entitled 
 
 • 11. ^• !_ • i. c J.} ,- 1 to a settlement. 
 
 resided in any poor district tor three years consecutively, 
 
 after arriving at the age of twenty-one years, and who 
 
 during that time shall not have received aid from the 
 
 overseers of the poor as a pauper, shall have a settlement 
 
 in such poor district; and all persons under the age of Persons under 
 
 twenty -one years who have served an apprenticeship^"^' 
 
 within any poor district to any trade for the space of two 
 
 years shall have a settlement therein. 
 
 4. The settlement of any legitimate child shall be that settlement oi 
 of the father, if the father have any; if not, that of the 
 
 mother, if the mother have any. Illegitimate children shall 
 have the settlenient of the mother, if the mother have any : 
 but in case a child has no settlement by parentage, the 
 birthplace of such child shall be the place of settlement. 
 
 5. A married woman shall have the settlement of her settlement of 
 husband if the husband have any; if not, her own™'"^'^'' 
 settlement if she have any shall not be suspended by her 
 marriage. 
 
 6. A lesal settlement shall cease when a new one is settlement, 
 
 , Tin • when to cease. 
 
 gained, and shall not revive. 
 
 7. When a poor district shall be divided or a new in case of dm- 
 district created, the settlement of any person dwelling and™"" 
 having a settlement within such divided or newly created 
 
 poor district shall be within the limits of the district in 
 which such person may have dwelt at the time of such 
 division or creation. 
 
 8. Any person applying to the overseers of the poor Proceedings on 
 of any township for relief who shall not have obtained a reUet?'^ '"" 
 settlement therein shall be required to declare on oath 
 
 before a justice of the peace his last place of residence ; 
 and if he be found to have gained a settlement within the 
 Province, a copy of the declaration certified by the justice 
 with the amount of expense necessarily incurred for his 
 relief and examination, shall be transmitted to the overseers 
 
266 SETTLEMENT AND SUPPORT OF THE POOR. [PART I. 
 
 Chap. 35. of the poor of the township to which such person belongs, 
 ~ and the same shall be paid by them. 
 
 If the overseers 9. If such last mentioned overseers refuse or neglect 
 
 plupe''r's'''Te'ttie- to remove such person, two justices by a warrant shall 
 
 remove'^''wm *a cause such person to be removed to the township where a 
 
 warrant for his Jast Settlement has been obtained ; and the overseers of the 
 
 usur°' """^poor there shall receive such person and pay to the 
 
 overseers of the first named township the necessary expense 
 
 incurred about his removal and for his relief previous to 
 
 such removal. If the overseers of the last named township 
 
 have no money in hand to paj' such expense, they shall 
 
 stand charged therewith until the next assessment made 
 
 on the township to which such person belongs. 
 
 Examination 10. In the event of any pauper whose examination it 
 
 ^ne? P*"P"'""may be necessary to take as to his last place of settlement 
 
 being insane, or otherwise incapable or incompetent to 
 
 undergo such examination, any justice may take such other 
 
 testimony under oath as to the settlement of such pauper 
 
 as to such justice may appear satisfactory ; and thereupon 
 
 such pauper may be removed as if he had been personally 
 
 exarnined. 
 
 Persons near of II. The father, grandfather, mother, grandmothen 
 
 quired to ma[n- children and grandchildren respectively of every old, blind, 
 
 reiations?'^ P°°'^lame, impotent or other poor person not able to work, 
 
 being of sufficient ability, shall relieve and maintain at 
 
 their own charge every such poor person as the municipal 
 
 council shall direct, and in case of refusal shall forfeit a 
 
 sum not exceeding two dollars per week for such poor 
 
 person, to be sued, for in the name of the overseers of 
 
 the poor as a debt. 
 
 Property of per- 12. Where any husband or father shall forsake his 
 
 their TamiUef wife or children, or any widow shall forsake her children 
 
 be^'^'seizld^^S and leave them a public charge, two justices, on the 
 
 m^ ort" **'' application of the overseers of the township, shall issue a 
 
 warrant to seize the goods, and to let out and receive the 
 
 annual rents and profits of the lands of such husband, 
 
 father or widow towards the maintenance of such wife, 
 
 child or children ; and any two overseers may, as occasion 
 
 shall require, dispose at public sale of such goods or so 
 
 much thereof as shall be necessary, and shall apply the 
 
 proceeds towards the maintenance of such destitute persons. 
 
 Children sup- 13. The children of deceased parents who have gained 
 
 parents had let^ a Settlement in any township shall, if paupers, be supported 
 
 tlement. |^y g^^j^ ■ township. 
 
 Appeals provid- 14. If any overseers on behalf of the poor district or 
 
 grieved!'*'^''' ** any other person shall feel aggrieved by any proceedings 
 
 under this Chapter, such overseers or person may appeal 
 
 to the next sitting of the county court to be held in the 
 
TITLE IX.], SETTLEMENT AND SUPPORT OF THE POOR. 267 
 
 county where such poor district is or the person shall Chap. 35. 
 reside, and the county court shall hear and determine' 
 the same. 
 
 15. If the judge on an appeal concerning the settlement Proceedings on 
 of a poor person determine that such poor person was pe?s?n has^be^'en 
 unduly removed he shall order to be paid to the appellants "'"^"'^''■'="'°™'*- 
 any money that may have been paid by such appellants or 
 
 may be due from them as overseers on account of such 
 poor person between the time of the undue removal and 
 the determination of the appeal, the same to be recovered 
 as hereinafter provided. 
 
 16. Upon the determination of an appeal concerning costs on appeal, 
 the settlement of a poor person or upon proof of notice of aUoweT'"^ ™'' 
 an appeal given by the appellant to the adverse party, 
 
 though the appeal be not prosecuted, the judge sitting to 
 hear the appeal shall order to the successful party on a 
 trial or to the party notified if not further prosecuted, such 
 costs as in his discretion are reasonable, to be taxed and 
 allowed according to the rates adopted in the County Court, 
 which shall be paid by the unsuccessful party or by the 
 party giving such notice. 
 
 17. If the overseers or other person ordered to P3'yfT™'iS'''^ho^^ 
 such sum of money or costs shall after service of a copy of recovered.' 
 such order refuse to pay the same, the party in whose favor ' 
 such order is made may sue for and recover the amount 
 
 as if it were a private debt, with costs ; and the production 
 and proof on the trial of the order or copy thereof and of 
 the service thereof shall be sufficient proof of the debt. 
 
 18. Every township shall be liable to pay any expense TownsMps^iiaWe 
 which shall necessarily be incurred for the relief of a poor after notice. 
 pauper by any person who is not "liable by law for his 
 support, after notice and request made to the overseers of 
 
 the township and until provision shall be made by them. 
 
 19. If any person shall bring any poor and indigent Penalty for im- 
 
 •J c o J r o properly bring- 
 
 person into any township where such person has not a ing a pauper into 
 lawful 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 
 exceeding eighty dollars for every such offence. 
 
 20. Separate suits shall not in future be l^i^ought Prooeeiinss^j^to 
 af^ainst defaulters, but every collector shall make a general be by general 
 return to a justice within the township, or if none reside J^esMom?^™n^ 
 there. to any justice of the county, of every person upon his '««s, &c. 
 
 list who after demand made shall not have paid his rate ; 
 and the collector shall make oath in writing before such 
 justice, .setting forth the name of every defaulter, the sum 
 assessed, that the demand has been made, and that the 
 rate is unpaid ; and thereupon such jiistice shall forthwith 
 
268 SETTLEMENT AND SUPPORT OF THE POOR. [PART I, 
 
 Chap. 35. issue a general warrant of distre.ss against the several 
 defaulters in the form of the .schedule, directed to a 
 constable or to such collector, commanding him to levy 
 upon the goods of each person named in the warrant the 
 sum due by such person, with constable's or collector's and 
 justice's fees. The constable or collector shall forthwith 
 execute the warrant and pay over tlte amount collected to 
 the overseers. The justice's fee for such warrant shall be 
 seventy cents, and the constable's or collector's fee for each 
 person in the warrant .shall be twenty cents; but the 
 constable or collector .shall have no travelling fees or 
 poundage, and the justice's fee shall be apportioned among 
 the several persons, if more than one, in the warrant. 
 Appeiants to be •21. The council of the municipality at any regular or 
 councn of Munf- special meeting as the case may be may relieve appellant* 
 cipaiity. a,s they shall see fit, and may order the overseers of the 
 
 poor to refund any excess of rates collected. 
 Parties liable to £2. No person shall be assessed for the support of the 
 
 be assessed, , ..i •• ^tji i -ii, 
 
 poor unless in the opinion ot the assessors he is able to pay 
 
 a rate of at least twenty cents annually. 
 
 Party who thinks 2-3. If any person thinks himself overrated he may 
 
 rated^' may °™p- appeal to the ncxt meeting of council thereafter in the 
 
 peal. municipality wherein the assessment was made, and the 
 
 order of such municipal council shall be final. 
 
 Appropriation of 24. The overseers shall apply all sums of money voted 
 
 ora"may'be sued and received by them for the purposes specified ; and any 
 
 by overseers, collcctor or constable who shall neglect to pay over to the 
 
 overseers anj- sum by him collected may be sued by them,. 
 
 and the amount shall be recovered as if it were a private 
 
 debt. 
 
 Accounts of 25. The overseers of the poor shall within one month 
 
 and 'Tow ^ren" after the expiration of their term of oifice render to the 
 
 dered. clerk of the municipality in which they reside, to be laid 
 
 before the council, 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 council. 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 successors. 
 
 Council to audit 26. The council shall examine the accounts 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. 
 
 Fine for refusal 27. Every person appointed an overseer of poor who 
 
 to^serveas »™r- gj^^^jj refusc to serve shall upon summary conviction thereof 
 
 before a justice of the peace pay a fine of twenty dollars. 
 
TITLE IX.] SETTLEMENT AND SUPPORT OF THE POOR. 269 
 
 28. Overseers of poor who shall not within one month Chap. 35*. 
 after the expiration of their term of office render to the Fine for negiect- 
 clerk of the municipality an account of all sums of money '^"f„^,^°g '■^"'*" 
 received and expended by them, shall upon summary 
 conviction thereof before a justice of the peace pay a fine 
 
 of twenty dollars. 
 
 29. When anv person shall apply for and obtain relief overseers may 
 
 p ,1 " ^ T I. 11 . , (» recover expendi- 
 
 from the overseers, or where relief has been given to or tor ture irom pro- 
 any pauper and it shall happen that such person was at the^^"^"* p^p*"^- 
 time possessed of or entitled to any property out of which 
 the expenses so incurred may be re-paid, the overseers may 
 •demand and recover from such person, or in case of the 
 decease of such person then from his estate, a re-payment 
 of the expenses so incurred as if it were a private debt, and 
 may for such purpose obtain letters of administration of 
 the estate of such person, and any money recovered shall 
 ,be accounted for by such overseers as other public money. 
 
 30. In the case of any person applying for andp™rseers may 
 
 . T J. J. J- i • J. J 1 ■ i.1. take conveyance 
 
 obtaining relief irom any poor district, and being the owner of property of 
 
 of property, real or personal, it shall be lawful for the ''''"''^'^' 
 
 overseers of said district to accept and take a conveyance 
 
 of such property, real or personal, to them as overseers of 
 
 the poor of said district, and to hold the same as trustees 
 
 for the benefit of the said poor district, or upon the 
 
 authority of the municipal council, testified by resolution 
 
 to .sell and convey the same, and the proceeds thereof 
 
 shall be appropriated for the benefit of the said poor 
 
 district as ordinary funds of the district in the hands of 
 
 said overseers, and the powers of sale by overseers in this 
 
 section specified shall apply as well to lands already 
 
 conveyed to overseers by persons who have obtained relief 
 
 as paupers. 
 
 31. No person being an assessor shall on that account ^^/p'j^^^^"'^'""'^^- 
 be exempt from assessments ; and any assessor who shall 
 
 neglect to assess himself in a just proportion shall forfeit 
 twenty dollars. 
 
 32. The council shall establish the rate of commission ^"Sors""' *° 
 to be allowed to collectors of poor rates, but the same 
 
 shall not exceed five per cent. 
 
 33. All forfeitures under this Chapter when recovered ^°''|?g'^"''«'' '^»"' 
 shall be applied to the support of the poor of the 
 township. 
 
 34. This Chapter shall extend to the City of Halifax chapter how far 
 in all cases where its provisions are not inconsistent with city of Halifax. 
 those in the Act concerning the city, passed in the session 
 
 of 1864, and the amendments thereto. 
 
270 SETTLEMENT AND SUPPORT OF THE POOR. [PART I. 
 
 Chap. 35. 3-5. It shall not hereafter be lawful for the overseers 
 
 Board of poor to provide for the maintenance of the poor by putting up 
 ttonei ^^ """""the same at public auction. 
 
 Poorand County 36. In issuing general warrants for the collection of 
 
 warrant ^"""^ poor Tatcs and countj 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 the 
 
 Chapter entitled, "Of Municipal Assessments," so altered 
 
 as to answer the purpose of collecting both rates, shall be 
 
 used. 
 
 When the word 27. The word township wherever the same is used 
 
 read as poor dis- in this Chapter may be read as poor district with respect 
 
 *"'*' to all proceedings under this Chapter in reference to 
 
 matters arising in a township divided into separate poor 
 
 districts. 
 
 SCHEDXJLE. 
 
 Fovm of general warrant of distress. 
 
 Municipality of \ To A. B., one of the constables (or G. B., 
 , j 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 the 
 
 said C. D., collector as aforesaid) 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 dis- 
 tress of the goods and chattels of the persons mentioned 
 in the schedule ; and if within the space of five days next 
 after such distress by you taken the sums in the schedule 
 set opposite their respective names, together with their 
 proportion of justice's and constable's (or collector's) fees, 
 and the necessary charges of taking and keeping the dis- 
 tress, be not paid by each of them respectively, that then 
 you do sell the goods and chattels of such of them as shall 
 not have paid such sums with fees as above mentioned ; 
 and out of the moneys arising from such sale you do 
 forthwith pay over the sums so due by them lespectively 
 to the overseers of the poor, together with the justice's and 
 
TITLE IX.] POOR DISTRICTS. 271 
 
 constable's (or collector's) fees, if any ; and that you do Chap. 86, 
 render to the owners of the goods respectively upon ' 
 
 demand the surplus remaining from such sale, the necessary 
 charges of taking, keeping and selling the distress being 
 first deducted. And if no such distress can be made, that 
 then you certify the same to me. 
 
 Given under my hand and seal the day of , 
 
 A. D. 18—. 
 
 (Signed) E. F., J. P. (Seal.) 
 
 CHAPTER 36. 
 
 or POOR DISTRICTS. 
 
 1. Poor districts as now established shall so continue to continue as 
 
 , ., ,, , , 1 now established. 
 
 until altered by law. 
 
 2. If twenty or more of the rate-payers within any Boundaries of 
 
 " " " " " - -- . - - - distrit'" 
 
 altered. 
 
 district for the support of the poor shall by petition apply g"!^'' '''^'™*^' 
 
 to the council, stating their desire that an alteration or 
 alterations should be made in the boundaries of any poor 
 district and setting forth the proposed boundaries thereof, 
 the council may if they think fit pass an order calling upon 
 the parties interested to .shew cause at the next council 
 meeting why such division or alteration should not be 
 made. 
 
 3. Copies of such order setting forth particularly such Notice oj aiter- 
 proposed boundaries shall be posted up in at least five of ^^ries. °' ''™°' 
 the most public places within the district sought to be 
 
 altered for at least thirty days next previous to the 
 ensuing meeting of council. 
 
 4. At such meeting the council may if they think fit coundi may 
 make an order altering the district either by the boundaries 
 
 so proposed or by such other boundaries as may be deemed 
 proper into as many districts as may be thought necessary 
 for the future support of the poor within the same, with a 
 name or designation to each. 
 
 5. The council shall thereupon also ascertain the council may, by 
 number of paupers then chargeable on the whole district penaes and the 
 and the amount required for their support, and by order ^^^f°^^^lr^"^' 
 direct the proportion to be borne by each of such new 
 districts ; and thereafter the expenses of paupers shall be 
 chargeable on the district in which a settlement shall have 
 
 been gained. 
 
 6. The council may at any time alter or make anew councu may re- 
 any order in relation to the expenses of paupers chargeable Mi"'subaequent 
 at the date of their first order on the whole district, thereby <"''*«"■ 
 
272 MAINTENANCE OF BASTARD CHILDREN. [PART I. 
 
 Chap. 37. to effect a- more equal distribution of such expenses 
 ' rendered necessary by any increase or diminution thereof. 
 
 Rates pending at 7. All ratcs, assessments, suits or actions pending at 
 thereby™Tnva°i- the date of such first Order may be prosecuted, levied and 
 dated. collected as if such division had not been made. 
 
 CHAPTER 37. 
 
 OF THE MAINTENANCE OF BASTARD CHILDREN. 
 
 Information of 1. If any woman shall become pregnant with a bastard 
 
 witT"'biSSri* child likely to become chargeable to any poor district, she 
 
 lnd%8Wccs'wa"- '^^^^1 make oath in writing before a justice for the county 
 
 rant thereon, where she rcsidcs that she is so pregnant, and who is the 
 
 father of the child ; and such justice shall forthwith issue 
 
 his warrant to apprehend the reputed father and cause him 
 
 to be brought before him or some other justice of the 
 
 county. 
 
 Reputed father 2. The reputed father when brought before a justice 
 
 bondTuntii after shall be required to enter into a bond, with a surety, to 
 
 thebirth. indemnify such poor district until after the birth of the 
 
 child and until an order of filiation shall be made thereon, 
 
 or till the reputed father be discharged on examination and 
 
 hearing preparatory to the passing such order, and in 
 
 default shall be committed to jail to remain until such 
 
 examination and hearing can be had or such bond given. 
 
 Hearing after 3. As soon as convenient after the birth of the child 
 
 birth and order , -j.- t,- n pji 
 
 of filiation. two justiccs, on application or an overseer or the poor or 
 
 some substantial householder of such poor district, shall 
 
 issue a warrant to bring the mother and reputed father 
 
 before them at a time and place therein mentioned, and 
 
 shall hear the evidence of the mother, the reputed father, 
 
 and of any other person, and .shall either discharge the 
 
 reputed father or make an order of filiation to indemnify 
 
 the poor district for the expenses connected with the 
 
 lying-in and maintenance of the mother and the birth and 
 
 maintenance of the child to the date of the order, and that 
 
 the reputed father pay such sum weekl}' as they shall 
 
 consider right, respect being had to his ability, towards the 
 
 support of the bastard child while chargeable to such poor 
 
 district. 
 
 When reputed fa- 4. If the pcrson against whom any warrant shall issue 
 
 in ''aniother^juns- under the provisions of this Chapter shall not be found 
 
 may be' endorsed ■^it't'i" t^© jurisdiction of the justice or justices issuing 
 
 ^^er. the same, or if he shall be suspected to be in any place 
 
•TITLE IX.] MAINTENANCE OF BASTARD CHILDREN. 273 
 
 ' within the Province, a justice of the county or place where Chap. 37. 
 
 such person shall be or be suspected to be, upon proof """'^ ~ 
 
 made upon oath of the handwriting of the justice or 
 justices issuing the warrant, may make an endorsement as 
 nearly as may be in the form hereto annexed, upon such 
 warrant, signed with his name, and authorizing the 
 execution thereof as thereon endorsed, and the carrying of 
 the person therein named when apprehended before the 
 justice or justices who first issued the warrant. 
 
 5. The reputed father shall then enter into a bond with Reputed father 
 one surety to fulfill the order of filiation, or shall pay to £ Jl'ifi the om^ 
 the overseers of the poor eighty dollars for the support of "'piySso.orsuf- 
 each such child or other town uses; and in default shall imp?uonSent!'^' 
 be forthwith committed to jail for a time not to exceed 
 
 six months, or until he shall have entered into such bond 
 or paid the eighty dollars. 
 
 6. In case a party on whom an order of filiation has when person on 
 been made shall fail to give bonds to fulfil the same, orJiH'?' °^^^l "' 
 
 .,,„., ,c3 i.1 1 nliation has been 
 
 snail rail to pay to the overseers or the poor the sum of ™^<i8faiistopa.y 
 eighty dollars as required by section five, or shall not havebojds.rndis^ol 
 been committed to jail thereunder, it shall be lawful for jSir^^'mry 
 two justices of the peace, on application of an overseer of j^^^^'J^^i^'^^^for 
 the poor or some substantial householder of the said 
 township, to issue a warrant of distress against such party, 
 directed to a constable, commanding him to levy ofi" the 
 goods and chattels of such person the said sum of eighty 
 dollars, with constable's and justices' fees; which sum 
 when so collected shall be paid over to the overseers of 
 the poor for the support of such child or other town 
 purposes, and such proceeding shall relieve the said party 
 from further liability in reference to such order of filiation. 
 
 7. If the mother of a bastard child shall not previously information 
 to its birth have made oath in writing before a justice ^■'n'^jjjg'^ft'g^ 
 disclosing the reputed father, any iustice may at any time^irth and 
 
 " " . TUSfclCGS WEir- 
 
 within three months after the birth, on application of an rant thereon. 
 overseer of the poor of the poor district where the child 
 has been or is likely to become chargeable, take the oath 
 of the mother in writing, declaring who is the father of 
 such child ; and thereupon two justices shall issue a 
 warrant to bring the reputed father and mother before 
 them at a time and place therein named, and such 
 proceedings shall be had thereon as directed in cases where 
 the mother has disclosed the name of the father before the 
 birth. 
 
 8. If any reputed father shall conceal himself or so when reputed 
 avoid service of a warrant that he cannot be brought s^'^e^.Tderot 
 before the justices as therein directed for hearing and ^j^j"™^ ^^ ^ 
 examination, then they may make up their order of filiation senoe ; proceed- 
 
 ■ .. inga thereon. 
 
274 MAINTENANCE OF BASTAED CHILDREN. [PART I. 
 
 Chap. 37. in his absence and issue their warrant to bring him before 
 them at a subsequent day and place therein mentioned, to 
 shew cause why he should not obey the order and enter 
 into a bond to indemnify the poor district from the charge 
 of such child. 
 
 Such order may 9. At the time and place appointed the i ustices shall 
 
 be subsequently ., „ '^ i-j. ii i 
 
 conflnned or re-procecd to coniirm, revcrse or modify such order, or make 
 rngfthCTera."'* a D^w Order of filiation as may seem right, and thereupon 
 the reputed father shall immediately enter into a bond 
 with one surety to perform the order so confirmed, modified 
 or made anew, or shall pay eighty dollars for the support 
 of the child or other town uses, and in default shall be 
 liable to the penalties and imprisonment hereinbefore 
 prescribed for non-performance of an order of filiation. 
 
 der^'Tfiiiat'™ '"^' ^^' ^^ either party feel aggrieved by an order of 
 filiation or by the refusal to make such order he may 
 appeal to the next sitting of the County Court to be held 
 in the county, where the whole matter may be heard and 
 tried as a civil action and the order of filiation confirmed 
 or quashed, and the decision of such court shall be final ; 
 but before such appeal shall be granted the reputed father 
 shall enter into a bond with one surety approved by the 
 justices making the order, to perform the order of filiation 
 if confirmed, and in such case to pay the costs incurred by 
 the overseers in consequence of the appeal. All orders 
 made by a judge of the County Court directing justices of 
 the peace to make any order of filiation shall be obeyed by 
 the justices of the peace to whom it is directed. 
 Power of justices 11. Upon the examination and hearing preparatory to 
 pensesinmaking making an Order of filiation the justices may direct that 
 order, &c. |.jjg jjiother shall bear a part or the whole of the expense of 
 the maintenance of such child, either by nursing the child 
 or as otherwise directed in the order of filiation, or make 
 any other order in relation thereto. 
 
 Overseers may 12. The overscors for any poor district may sue in 
 
 sue bonds ; death 1 1 • 1 t i t • i_ i i.i • 
 
 or removal from their own namcs upon any bond entered into under this 
 atatesuit*" '"'' Chapter whether made to them or their predecessors in 
 ofiice, and such suit shall not abate by the death or removal 
 from office of such overseers of the poor or any of them. 
 
 rorms. 13 The following forms shall be used and adhered to 
 
 as nearly as may be : — 
 
 Examination of mother previous to hirth of child. 
 
 County of , SS. 
 
 The examination of A. B., of , in the county of 
 
 , taken on oath before me, who deposeth that she is 
 
TITLE IX.] MAINTENANCE OF BASTARD CHILDREN. 275 
 
 with child which is likely to be born a bastard and to be Chap. 3 7. 
 
 chargeable to the poor district of , and that 0. D., of '~ " 
 
 , is the father of such child. 
 
 A. B. 
 
 Sworn before me, this day of , A. D. 188 — .• 
 
 E. F , J. P. 
 
 Warrant to apprehend the reputed father before the hirth. 
 
 County of , SS. 
 
 To any of the constables of the said county. 
 
 Whereas A. B., of , in the said county, hath by 
 
 her examination in writing taken upon oath before me this 
 day declared herself to be with child, which is likely to be 
 born a bastard and to be chargeable to the poor district of 
 
 , and that C. D., of , is the father of such child, 
 
 I do hereby command you to apprehend the said C. D. and 
 bring him before me or some other justice for the said county 
 to find security to perform any order of filiation that may 
 be made, or in default thereof to commit him to jail, there 
 to remain until an order of filiation shall be made. 
 
 Witness my hand and seal this day of , 
 
 A. D. 18—. 
 
 E. F., J. P. (seal.) 
 
 Form of a commitment where a reputed father when 
 brought up before birth of child refuses to enter into 
 bond of indemnity, to be endorsed on the warrant. 
 
 Whereas the within-named C. D., now before me, hath 
 refused to enter into a sufficient bond to perform an order 
 of filiation if made, I hereby order that he be committed 
 to jail, there to remain until he shall have given such bond 
 or be brought up for further examination in the premises. 
 
 Witness my hand and seal this day of , 
 
 A. D. 18—. 
 
 E. F., J. P. (seal.) 
 
 Endoo'sement baching a warrant. 
 
 County of . 
 
 Whereas proof upon oath has this day been made before 
 
 me, , a justice of the peace for the county of , 
 
 that the name of , to the within warrant subscribed, 
 
 is the handwriting of the justice of the peace within 
 mentioned, I do therefore hereby authorize A. B., who 
 
276 MAINTENANCE OF BASTABD CHILDREN. [P'AET I. 
 
 Chap. 37. bringeth me this warrant, and all other persons to whom 
 the same was originally directed, or by whom it may be 
 lawfully executed, and also all constables and other peace 
 officers in this county, to execute the same within this 
 , county, and to take the said C. D., if apprehended within 
 this county, before the justice (or justices, as the case may 
 he) 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 . 
 
 Exwmination of mother after the birth of child. 
 
 County of , SS. 
 
 The examination of A. B., of , in the said county 
 
 , taken upon oath before me, who deposeth that on 
 
 the 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 poor district of 
 
 , and that C. D., of , is the father of such 
 
 child. 
 
 A. B. 
 
 Sworn to before me this — day of , A. D. 18 — . 
 
 E. 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 poor district 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 or assigns ; for which payment well and 
 truly to be made we bind ourselves and each of us by 
 himself, our and each of our heirs, executors and 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 poor district of , and the 
 
 above bounden C. D. is the father of such child. 
 
 Now the condition of this obligation is such that if the 
 said C. D., his executors or administrators, do and shall 
 
TITLE IX.-] MAINTENANCE, OF BASTARD CHILGREN. 277 
 
 perform any order of filiation that may be made upon him Chap. 37. 
 in the premises, then this obligation to be void. 
 
 0. D. (seal.) 
 Signed, sealed and delivered ^ G. H. (seal.) 
 
 in presence of > 
 
 J.K. j 
 
 Warrant to bring wp mother and reputed father after birth 
 
 of child. 
 
 County of , SS. 
 
 To any of the constables of the said county. 
 Whereas A. B., of , in the said county 
 
 hath by her examination in writing on oath, taken before 
 
 us, declared that on the day of last past, 
 
 she was delivered of a (male or female) bastard child in 
 
 the poor district of , and that C. D., of , is the 
 
 father of such child, and that such child is now living and 
 
 chargeable to the poor district of , and the overseers 
 
 of the poor of such poor district have applied to us to 
 issue this warrant ; 
 
 These are to command you that you bring the said A. 
 
 B. and the said C. D. respectively before us at the 
 
 of , in the said county, on the day of , 
 
 at the. hour of , to be by us further examined, that we 
 
 may make such order thereon as to right may appertain, 
 d also that you do personal^' attend at the same time 
 and place. 
 
 Witness our har...., and seals this day of > 
 
 A. D. 18—. 
 
 E. F., J. P. (seal.) 
 
 L. M., J. P. (seal.) 
 
 Order of filiation. 
 
 County of , SS. 
 
 The order of E. F. and L. M., esquires, two justices for 
 the said county, concerning a (male or female) bastard 
 child lately born in the poor district of , of A. B. 
 
 Whereas upon the oath of the said A. B. it hath 
 
 appeared unto us that on the day of last past, 
 
 she was delivered of a (male or female) bastard child in 
 
 the poor district of , and that such child is now 
 
 chargeable to the poor district of , and likely so to 
 
 continue, and that C. D., of , is the father of 
 
 such child ; 
 
278 MAINTENANCE OF BASTARD CHILDREN. [PART I. 
 
 Chap. 37. And whereas the said C. D. hath been brought before 
 
 ~ us by our warrant (or " hath refused to appear," as the 
 
 case may he) to answer the premises, but hath not shewn 
 
 sufficient cause why he shall not be deemed to be the 
 
 father of the child ; 
 
 Wherefore upon an investigation of the matter as well 
 upon the oath of the said A. B. as otheiwise, we hereby 
 adjudge the said C. D. to be the father of such child, and 
 thereupon we order as well for the relief of the poor 
 
 district of as for the sustenance of such child, that 
 
 the said C. D. shall forthwith, upon notice to him given 
 of this our order, pay to the overseers of the poor for the 
 
 said poor district the sum of towards the lying in 
 
 of the said A. B. and the maintenance of such child up to 
 this date ; 
 
 And further that the said 0. D. shall pay to the 
 overseers of the poor of the said poor district for the time 
 
 being the sum of weekly from the date hereof 
 
 during so long time as the child shall remain chargeable 
 to such poor district, towards the maintenance of such 
 child. And we order that the said A. B. shall also pay to 
 the overseers of the poor of the poor district the sum of 
 
 weekly so long as the child shall be chargeable to 
 
 the poor district in case she shall not herself take care of 
 the child. 
 
 Given under our hands and seals this — day of , 
 
 A. D. 18—. 
 
 E. F., J. P. (seal.) 
 L. M., J. P. (seal.) 
 
 Commitment to be endorsed upon the order of filiation. 
 
 County of , SS. 
 
 Whereas C 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 poor district of 
 
 in the said county in respect of the support of the 
 
 child within referred to, we hereby direct the high sheriff 
 of the county or the jailer to receive the said C. D. and 
 commit him to jail, there to remain in close confinement 
 
 for the space of , or until he shall have given such 
 
 bond, or shall otherwise be removed according to law. 
 
 Witness our hands and seals this day of ■, 
 
 A. D. 18—. 
 
 E. F., J. P. (seal.) 
 L. M., J. P. (seal.) 
 
TITLE IX.] MAINTENANCE OF BASTARD CHILDREN. 279 
 
 Warrant to apprehend reputed father after order ofCnAF. 37. 
 filiation, where he shall have avoided service of previous " 
 iuar7'ant. 
 
 County of , SS. 
 
 To any of the constables of the said county. 
 
 Whereas a warrant was issued by us to bring before us 
 
 on the ■ day of , A. B., of , and C. D. of 
 
 , which said A. B. appeared under the said warrant, 
 
 but the said C. D. could not be found ; and on hearing the 
 evidence then adduced before us we did make an order of 
 filiation in the absence of the said C. D., but he the said 
 C. D. has not complied therewith : these are therefore to 
 command you to bring the said C. D. before us at the 
 
 , on the day of , at o'clock, that he 
 
 may be examined by us touching such order of filiation, 
 and shew cause why he should not comply with such 
 order, and enter into bonds for the performance thereof, 
 and otherwise to be dealt with according to law. 
 
 Given under our hands and seals this — day of , 
 
 A. D. 18—. 
 
 E. F., J. P. (seal.) 
 L. M., J. P. (seal.) 
 
 The form of commitment the same as that under the 
 order of filiation where the father shall have been present. 
 
 Bond to abide and fulfill the order of filiation. 
 Know all men b}' these presents that we, C. D., of 
 
 in the county of , and G. H., of , in the same 
 
 county , are held and firmly bound unto the over- 
 seers of the poor for the poor district of , in the said 
 
 county, in dollars, to be paid to the said overseers 
 
 of the poor and their successors in office or their certain 
 attorney, executors, administrators and assigns, for which 
 payment to be well and truly made we bind ourselves and 
 each of us by himself, our and each of our heirs, executors 
 and administrators, firmly by these presents, sealed with 
 our seals. Dated this day of , A. D. 18 — . 
 
 Whereas by an order of filiation made by and 
 
 , esquires, two justices of the county aforesaid, in 
 
 the matter of a bastard child lately begotten on A. B., the 
 said C. D. hath been adjudged to be the father of such 
 child, and to obey such order of filiation. Now the 
 condition of this obligation is such that if the said C. D., 
 
280 MAINTENANCE OF BASTARD CHILDREN. [PART I, 
 
 Chap. 3.7., his executors or administrators do well and truly obey sucH, 
 order of filiation, then this obligation shall become void. 
 
 Signed, sealed and delivered I C. D. (seal.) 
 
 in presence of J. K. J G. H. (seal.) 
 
 The like, where an appeal from such order shall have been 
 made to the Supreme Court or County Court. 
 
 Know all men by these presents that we, C. D., of , 
 
 in the county of , and G. H., of , in the 
 
 same county , are held and firmly bound unto the 
 
 overseers of the poor for the poor district of , in the 
 
 said county, in dollars, to be paid to the said overseers 
 
 of the poor and their successors in office for the time being, 
 
 of the said township of , or their certain attorney, 
 
 executors, administrators and assigns, for which payment 
 to be well and truly made we bind ourselves and each of 
 us by himself, our and each of our heirs, executors and 
 administrators, firmly by these presents, sealed with our 
 seals. Dated this day of , A. D. 18 — . 
 
 Whereas by an order of filiation made by and 
 
 , esquires, justices of the peace for the county 
 
 aforesaid in the matter of a bastard child, lately begotten 
 of A. B., the said C. D. hath been adjudged to be the 
 father of such child, and to obey an order of filiation made 
 in that behalf, from which order the said C. D. hath appealed 
 to the county court. Now the condition of this obligation 
 is such that in case such order shall be confirmed by the 
 court, then if the said C. D., his executors or administrators 
 do pay all costs and charges which may be legally incurred 
 by the overseers of the poor for the said poor district in 
 consequence of such appeal, and also do obey such order 
 so confirmed, this obligation shall become void. 
 
 Signed, sealed and delivered ) C. D. (seal.) 
 
 in the presence of J. K. ) G. H. (seal.) 
 
title x.] lunatics. 281 
 
 Chap. 38. 
 
 TITLE X. 
 
 OF LUNATICS. 
 
 CHAPTER 38. 
 
 OF LUNATICS, AND THE CUSTODY AND ESTATES OP LUNATICS. 
 
 1. Any lunatic being at large may be apprehended securing of luna- 
 under warrant from two justices of the peace, and if his ™' 
 
 legal settlement shall be in any place within the munici- 
 pality he shall be secured within the same ; and if such 
 settlement shall not be within the county or district he 
 shall be sent by the justices, by order under their hands, 
 to the place of his last legal settlement, and shall be there 
 secured under a warrant from two justices of the peace for 
 the municipality to which he shall be so removed : and 
 the charges of removing, maintaining and curing such charges of main- 
 
 T- 1- j_ • 2_ 1 • 1 j>i. 1 tenance, &c. 
 
 person during his restraint having been nrst proved on 
 oath before two justices, shall be paid out of the proceeds 
 pf the personal property, or the rents of the real estate of 
 such person, if any he have over and above what will 
 maintain his family ; and such property or rents may for 
 that purpose be seized and sold by the overseers of the 
 poor of the place of such person's last legal settlement 
 under a warrant from two justices ; and if such person has 
 not any property or rents applicable therefor, then such 
 expenses shall be borne by the inhabitants of the munici- 
 pality within which such person shall have his last legal 
 settlement. 
 
 2. When the relatives or friends of any insane person. Appointment o 
 or the overseers of the poor of the township or poor district ^'^u^'"" *" '"' 
 of which he is an inhabitant, shall apply to the supreme 
 
 court or a judge thereof to have a guardian appointed for 
 him, notice shall be given to such insane person if at large, 
 and if he be under restraint to those having charge of 
 him, of the time and place appointed for hearing the case, 
 not less than fourteen days before the time so appointed ; 
 and if after a full hearing it shall appear to the court or 
 judge that the person in question is incapable of taking 
 care of himself, such court or judge shall appoint a guardian 
 of his person and estate with the powers and duties 
 hereinafter specified. Every guardian so appointed shall 
 
282 LUNATICS. [part I. 
 
 Chap. 38. have the care and custody of the person of the ward and 
 
 the management of his estate until legally discharged. 
 Evidence, how 3. In any case where it is necessary to take evidence 
 cases! '" °^'^*'° respecting such insane person, or touching the estate or 
 person of any lunatic, and it is made to appear by affidavit 
 that it is more convenient to take the evidence of witnesses 
 in the county where he resides, it shall be lawful for the 
 court or judge to order that such evidence be taken before 
 some suitable person residing in the county where such 
 alleged insane person resides, in such manner and under 
 such restrictions as evidence is usually taken in the Court 
 of the Judge in Equity, and the depositions and exami- 
 nations so taken may be read in evidence at the hearing, 
 ^^ardian ^'^ ^- When a guardian shall be appointed for an insane 
 
 person the court or judge shall make an allowance to be 
 paid by the guardian out of the estate of such insane 
 person for all reasonable expenses incurred by the ward in 
 opposing the application. 
 Guardian to pay 5. Every guardian of an insane person shall pay all 
 estate,'debts,'&o!ju«fc debts due from the ward out of his personal estate if 
 sufficient, and if not out of his real estate, upon obtaining 
 a license for the sale thereof from the supreme court or 
 any judge thereof. He shall also settle all accounts of the 
 ward, and shall sue for, recover and receive all debts due 
 to him, or may compound for the same and give discharges 
 Guardian to re- to the debtors ; and he shall appear for and represent 
 fn^ai™suits"°*''°the insane person in all legal and equitable suits and 
 
 proceedings. 
 
 Guardian to ar- 6. The guardian shall also manage the estate frugally 
 
 estate. ^™''''°'°and without waste; and shall apply the profits thereof as 
 
 far as necessary to such insane person's comfortable and 
 
 suitable maintenance and that of his family; and if such 
 
 profits be insufficient the guardian may sell or mortgage 
 
 the real estate upon obtaining a license so to do, and shall 
 
 apply the proceeds so far as may be necessary to the 
 
 maintenance and support of such insane person and his 
 
 family. 
 
 Sale of lunatic's 7. On a Sale taking place under a license to sell the 
 
 estate. ^.gg^j estate of an insane person the guardian .shall execute 
 
 in the name of such insane person the deed thereof, which 
 
 shall convey such real estate to the purchaser either 
 
 absolutely or by way of mortgage as therein specified, in 
 
 the same way as if executed by such insane person himself 
 
 when of sound mind. 
 
 Guardian becom- 8. When any guardian so appointed shall remove from 
 
 ing incompetent /i -n • i • , i • ■ i i i 
 
 may be removed, the frovince. Or become insane or otherwise incapable or 
 discharging his trust, or shall be evidently unsuitable 
 therefor, the supreme court or a judge thereof, after notice 
 
TITLE X.] LUNATICS. 283 
 
 to such guarrlian if resident in the Province, and to all Chap. 38. 
 
 others interested, may remove him; and every guardian 
 
 may upon his own request be allowed to resign his trust 
 
 when it shall appear proper to the court or a judge to 
 
 allow such resignation ; and upon every such resignation 
 
 or removal, and also upon the death of any guardian, the • 
 
 court or a judge may appoint another in his stead. 
 
 9. Every guardian shall give a bond with sureties to G>"*'dian to give 
 Her Majesty with the following conditions: 
 
 First. — To make a tr'ue 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 liim, 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 
 direct ; and 
 
 Fourthly — At the expiration of his trust to settle his 
 accounts with the court or a judge or with the insane 
 person in case of his restoration to reason, or in case of 
 his death with his legal representatives ; and to pay over 
 and deliver all the e.state and effects remaining in his 
 hands or due from him on such .settlement to the person 
 lawfully entitled thereto. 
 
 10. The Commissioners of Public Charities for the time Bond for insane 
 
 . ... !■ 1 person, how sued 
 
 being may sue in their corporate name tor and recover 
 all sums of money due or to accrue due by virtue of any 
 bonds given for the support and maintenance of patients 
 in the Nova Scotia Hospital for the Insane, whether such 
 bonds have been given to the Commissioners of the 
 Provincial Hospital for the Insane, to the Chairman of the 
 Board of Works, or to the Commissioner of Public Works 
 and Mines. 
 
 11. The reasonable expenses of the apprehension and Payment of ex- 
 
 i« . ^•^•i?^ i.i_ penses of appre- 
 
 removal or any insane person having been vermed on oath tension and re- 
 before the warden 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 munici- 
 pality out of the municipal funds to the person appointed 
 to apprehend and remove such insane person ; and such 
 expenses shall afterwards be levied by warrant of distress 
 
:ae4 lunatics; [part l 
 
 Chap. 88. 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 municipalitj' in which such 
 insane person shall have had his last legal settlement, as 
 hereinafter provided. 
 
 Prevention of 12. The better to prevent crime being committed by 
 cnme. insane persons, if any person shall be discovered and 
 
 apprehended under circumstances denoting a derangement 
 of mind and a purpose of committing some crime for 
 which if committed such person would be liable to be 
 indicted, it shall be lawful for any two justices of the 
 peace of the county or district before whom such person 
 may be brought to call to their assistance any legally 
 qualified medical practitioner ; and if upon order and 
 examination of such person so apprehended or from other 
 proof such justices shall be satisfied that such person is 
 insane or is a dangerous idiot, it shall be lawful for them, 
 by warrant under their hands and seals, to commit such 
 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 of the peace, one of whom 
 shall be one of the justices who shall have signed such 
 warrant, or by a judge of the supreme court, or until such 
 person shall be removed to a proper lunatic asylum, or to 
 the custody of guardians appointed under this Chapter. 
 
 Examination of 13. Any two justices may inquire into and ascertain 
 ami°* expeiises by the best legal evidence that can be procured under the 
 tiiereoi. circumstances of the personal legal disability of such 
 
 insane person or dangerous idiot, the place of the last legal 
 settlement of such person, or of any other person tried 
 and acquitted on the ground of insanity, or of any person 
 found insane under any provisions of this Chapter ; and it 
 shall be lawful for such two justices to make an order, 
 under their hands and seals, upon the overseers of the 
 poor of the township or place where they adjudge him to 
 be legally settled, to pay all reasonable charges of examining 
 such person and conveying him to such county or district 
 gaol, and to pay such weekly sum for his maintenance in 
 such place of custody, as such twe justices, or any two 
 justices shall, by writing under their hands, from time to 
 time direct ; and where such place of settlement cannot be 
 ascertained such order shall be made on the treasurer of 
 the municipality where such person shall have been in 
 custody or apprehended : Provided always that nothing 
 herein contained shall be construed to extend to restrain 
 or prevent any relative, guardian or friend from taking 
 
TITLE X.] LUNATICS. 285 
 
 such insane person or dangerous idiot under hife own care Chap. 88. 
 and protection if he shall enter into a sufficient recogni- 
 zance for the peaceable behavior or safe custody of such 
 insane person or dangerous idiot before two justices of the 
 peace or a judge of the supreme court : and provided also 
 that the overseers of the poor of the township or place in 
 which the justices shall adjudge any insane person or 
 dangerous idiot to be settled, may appeal against any such 
 order to the municipal council for the county or district 
 ■where such order shall be made in like manner and under 
 the like regulations and restrictions as against any order 
 of removal, giving reasonable notice thereof to the clerk ■ 
 of the municipality of the county or district upon whose 
 rates the burden of maintaining such insane person or 
 dangerous idiot might fall if such order should be invalid ; 
 and such clerk of the municipality shall be respondent in 
 such appeal, which appeal the said council are hereby 
 authorized and empowered to hear and determine in the 
 same manner as appeals against orders of removal of 
 paupers are now heard and determined. 
 
 14. All charges herein mentioned that may be- incurred^"-™™? °^^^: 
 
 , c lt f 1-1 penses incurred 
 
 by any overseers oi the poor ror any township or place, or by overseers oi 
 by any municipality under this Chapter, having been first ^""^ 
 proved on oath before two justices, shall be ''repaid to such 
 overseers or to the treasurer of the municipality, as the 
 same may have been incurred, out of the proceeds of the 
 personal property or the rents of the real estate, or if 
 necessary the real estate itself of such insane person or 
 dangerous idiot if any he have over and above what will 
 maintain his family, which may for that purpose be seized 
 and sold by such overseers or municipal treasurer under a 
 warrant from two justices; and for want of such property 
 such expenses shall be paid by the municipality in which 
 such insane 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 county rates. 
 
 15. Any person shall be deemed a legally qualified Q"=''.'fi^|^'io'i <>* 
 medical practitioner tor the purposes oi this Chapter who tioner. 
 would not be disqualified by law from recovering a fee or 
 
 reward for his professional services, 
 
 HOSPITAL FOB THE INSANE. 
 
 16. The title of the above institution shall be the Title and object 
 •" Nova Scotia Hospital for the Insane ;" and its object shall Tnaane?^' * 
 be the most humane and enlightened curative treatment of 
 the insane of this Province. 
 
iou ijUiVAiiuo. I^ram i. 
 
 Chap. 38. 17. The financial and general management of the 
 Management of hospital shall be Vested in the Commissioners of Public 
 hospital. Charities. The following persons shall be ex officio visitors 
 
 Visitors. of the hospital, that is to say, the Lieutenant-Governor, 
 
 the Chief justice, the Provincial Secretary, the President 
 of the Legislative Council, the Speaker of the House 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 Commissioners of Public Charities shall make all 
 By-laws. needful by-laws for the government of the hospital, not 
 
 inconsistent with the laws of the Province ; but before 
 such by-laws shall have effect they shall be submitted to 
 and approved of by the Governor-in-Council. 
 
 Appointment of ig. The Govemor-iu-Council shall appoint a medical 
 tendent. '"'""'" Superintendent, who shall be a well educated physician, and 
 shall, with his family, reside on the premises, and devote 
 his whole time to the welfare of the institution, and whose 
 salary shall be two thousand dollars a year, with fuel, gas 
 and lodging. 
 
 Medical assist- 19. The Governor-in-Council shall also appoint a medical 
 ""'■ assistant, who shall be a well educated physician, and shall, 
 
 with his faipily, reside on the premises, and devote his 
 whole time to the welfare of the institution, performing 
 his duties under the direction of the medical superintendent, 
 and who shall receive a salary of twelve hundred dollars a 
 year, with fuel, gas, board and lodging. 
 
 Admission of 20. Whenever there are vacancies in the hospital the 
 Commissioners of Public Charities shall admit patients for 
 whom admission is sought ; but they shall have power to 
 refuse cases that are not suicidal, or dangerous through 
 violence to others, and that are from long standing not 
 likely to be benefitted by treatment in the hospital, and 
 also epileptic or idiotic cases. 
 
 statement in 21. lu cvcry case whcrc admission is sought for a 
 givcnfosuperin^ a patient, a statement in writing in the form of Schedule 
 tendent. ^ shall be filled up and sworn to before some justice of the 
 
 peace by a party cognizant of the facts therein contained, 
 and forwarded to the medical superintendent for examina- 
 tion ; and his answer and approval shall be received before 
 the patient is forwarded. No person shall be received into 
 the Hospital for the Insane as a patient, without a certifi- 
 cate as in Schedule B, from two qualified medical practi- 
 tioners in actual practice in the Province, of whom the one 
 shall not be the son, brother, partner or assistant of the 
 other ; the examination therefor having been made not 
 more than thirty days before admission. 
 
TITLE X.] LUNATICS. 287 
 
 22. In case of private paying patients, a bond shall be Chap. 38. 
 given to the Commissioners of Public Charities with private paying 
 sufficient sureties, for payment of expenses, and a payment p"'"^"'^- 
 
 of one quarter's board shall be made in advance. Such 
 bond may be sued on as often as shall be necessary, and 
 recovery had in the supreme or count}' courts, according to 
 the amount sued for and according to the ordinary practice 
 of the court in like cases. 
 
 23. In case of the committal of an insane person to warrant of oom- 
 the Hospital for the Insane, the wari'ant therefor shall be ""''"*"'■ 
 
 in the form in Schedule C, and shall be issued by the sheriff 
 or two justices of the peace of the municipality in which 
 the insane person shall be found ; and such insane person 
 shall be chargeable to the municipality from which he 
 shall have been sent to the hospital under such warrant, 
 unless it shall be shewn to the satisfaction of the Com- 
 missioners of Public Charities that such insane person is' 
 legally chargeable as a pauper to some other municipality, 
 or has no legal settlement in the Province, or is chargeable 
 to a guardian or other person. 
 
 24. The Commissioners of Public Charities shall have settlement of 
 
 .. I'i'iij • T , 1, disputes between 
 
 power to investigate and determine any disputes that may counties charge- 
 arise as to the municipality chargeable for the maintenance tenan'e' of^Sn- 
 of a patient in such hospital; and, before the Comuiis-^''"''- 
 sioners shall decide in the matter they shall give reasonable 
 notice to the municipalities interested, through their clerks, 
 of the time and place of such investigation ; and at such 
 time and place shall hear the evidence and allegations that 
 shall be adduced respecting the matters in dispute, and 
 decide accordingly. Such decision shall be final and bind- 
 ing in law upon the municipalities and parties interested. 
 
 25. Whenever any person shall be so deranged in his Duty of sheriflEs 
 intellect that he cannot be permitted to go at large without investigate eases 
 danger, or is suffering unnecessary duress or hardship, it °''"^™''^' 
 shall be the duty of the sheriff or any two justices of the 
 
 peace of the county or district in which such insane person 
 may be found, on being applied to for that purpose, to inves- 
 tigate the case and summon to their assistance any one or 
 more medical practitioners duly qualified and practising 
 within the Province ; and if such insanity be proved and 
 certified by such medical practitioner or practitioners as in 
 Schedule B, the sheriff or justices shall issue a warrant as in 
 Schedule C, directed to anyconstable of the county or district, 
 who shall apprehend such insane person and convey him 
 to the Nova Scotia Hospital for the Insane, after having 
 obtained an order of admission as directed in section 20 ; 
 and when such insane person is found to have had his last 
 legal settlement in any other county, district or place, 
 
288 LUNATICS. [part I. 
 
 Chap. 38. and if on investigation the sheriflF or justices consider and 
 determine that to send such insane person to his place of 
 legal settlement, as provided in the first section of this 
 Chapter, would be dangerous or prejudicial to such insane 
 person's life or health, such insane person having complied 
 with the requirements above specified in this section, may 
 be sent directly to the Hospital for the Insane, and the 
 proceedings to recover the expenses incurred therefor shall 
 be as provided for in such first section. 
 
 Certificate of two 26. In case such person shall have been certified to be 
 
 practitioners re- . . . T i . » j • ^ d i • 
 
 quired. insane by only one medical practitioner, before his appre- 
 
 hension, he shall be again examined and certified as in 
 Schedule B by two duly qualified practitioners, to be 
 appointed by the Commissioners of Public Works and Mines, 
 before he .shall be admitted into the hospital. 
 Expensesof pau- 27. The cxpcnses of all pauper lunatics, now or here- 
 after confined in the Hospital for the In.sane, shall be 
 chargeable on the respective municipalities in which they 
 shall have obtained legal settlements ; and such expenses 
 I shall in each case be a municipality charge, to be assessed, 
 
 levied and collected in the same manner as county rates ; 
 and in case the pauper lunatic shall not have obtained a 
 legal settlement within the Province, the expenses shall be 
 paid out of the Provincial Treasury. 
 Council of any 28. In cass the council of any municipality which 
 lusing'^o' assess shall be liable for the expenses of lunatics confined in the 
 «xpensea'onuna,' hospital shall rcfiTse or neglect to assess such municipality 
 ties. Supreme therefor or neglect or refuse to levy, collect and pay into 
 
 Court to &ni6rc6 " j. •/ 
 
 ' the Provincial Treasury the amount for which it is liable, 
 the supreme court or a judge thereof, at any term in 
 the county so liable, shall upon application by the 
 Attorney-General or a barrister of such court by him 
 authorized, amerce such municipality for the amount due, 
 which with the costs and expenses attending such amerce- 
 ment, shall be assessed, levied and collected under the 
 order of the supreme court or a judge thereof, by the same 
 persons whose duty it shall be to assess, levy and collect 
 the municipal rates, and in the same manner as amerce- 
 ments oil municipalities for other purposes are now by law 
 made ; and the same when collected shall be paid into the 
 Provincial Treasury. 
 Refusing: to pay 29. If the guardian or other party to whom the expense 
 
 expenses of « . " , i n i • i i ... , ^ , , 
 
 maintenance, ot any patient who shail be in- the hospital is chargeable 
 shall neglect, or, upon demand made, shall refuse to pay to 
 the Commissioners of Public Charities the expense of the 
 care, maintenance and removal of such patient, and also, in 
 the event of death, the funeral expenses of such patient, 
 such Commissioners are hereby authorized and empowered 
 
"TITLE X.] LUNATICS. 289 
 
 to collect the same by suit in their corporate name as an Chap. 38. 
 ordinary debt ; and on the trial of such cause a certified 
 account from the Commissioners of Public Charities shall 
 be sufficient proof of the amount of such charges and 
 €xpenses. 
 
 30. The Commissioners of Public Charities, in the commissioners 
 case of patients now in the Hospital for the Insane, or on ties "may °ai*er 
 whose behalf admissions are sought, and where in their in'certlin'Ss! 
 judgment there are circumstances justifying a departure 
 
 from the ordinary rates, may make special agreements for 
 the amount and payment of board ; and where a patient 
 from violence or otherwise requires a special or extra 
 attendant, such extra attendance shall be charged and paid 
 for in the same manner as the ordinary charges. 
 
 31. When the funds or property of a private paying f" ™s« «?tate o 
 patient in the Nova Scotia Hospital for the Insane (above hausted. 
 what will maintain his faniily) which may for that purpose 
 
 be seized and sold shall have been exhausted, it shall be 
 the duty of the warden and clerk of the municipality in 
 which such patient has a legal settlement, on application 
 made by the guardian or friends of such patient therefor, 
 to investigate the case ; and if it is found that the patient 
 is in such indigent circumstances, such warden and clerk' 
 shall order the expenses to be made a charge on the 
 municipality ; and such order shall be forwarded to the 
 Commissioners of Public Charities, who on the receipt of 
 the same shall from that date charge the expenses of such 
 patient to such municipality ; and shall on the payment of 
 all arrearages due cancel the bond given on behalf of such 
 patient ; ov if on such investigation it is found that a part 
 of the expense can be borne by the patient, an agreement 
 may be made whereby such part shall be paid to the 
 treasurer of such county or district. 
 
 .S2 Whenever the real and personal estate of any Further teg^uia- 
 
 , 1 ■ c i-i, tions for main- 
 
 lunatic or insane person, not being a pauper, or ot ttietenanoe. 
 husband, father or mother of such lunatic or insa,ne person, 
 is not more than sufficient to maintain the family of any 
 such person, the expenses of the maintenance of the insane 
 person in the hospital may be defrayed in whole or in part 
 from the funds donated or to be donated for that purpose 
 to the hospital, as the Commissioners of Public Charities 
 may on investigation order and direct. 
 
 33. The Commissioners of Public Charities, upon the msGhar|e^ o^e- 
 medical superintendent's certificate of recovery, amendment, 
 harmlessness or unsuitableness, may discharge any patient 
 except those under criminal charges ; and the parties liable 
 20 
 
290 LUNATICS. [part I. 
 
 Chap. 38. for the maintenance of such patient shall be dulj' notified 
 of such discharge and the terms thereof: Provided that 
 patients under criminal charges shall be discharged only 
 Discharge on as by law directed. 'Patients who have been for more than 
 '™'' six months under care in the hospital, and have so far 
 
 recovered as to be capable of being taken care of in a 
 private family, may be discharged on trial in care of their 
 relatives or friends, or failing- these, may be boarded out 
 on such conditions and at such rate of payment as the 
 Commissioners of Public Charities shall direct, which rate 
 of payment shall not exceed the charge made for the 
 maintenance in the hospital of such patients. Such 
 patients so discharged or so boarded out shall be under 
 the supervision and inspection of the medical superin- 
 tendent, on whose report any such patient shall if necessary 
 be re-admitted to the hospital, or if recovered be finally 
 discharged. 
 
 Officers of hospi- 34. Resident ofiicers and other employees of the hospital, 
 jurorsT^'^'' ^^''''^i'^ actually engaged as such, shall be exempt from 
 
 service as jurors and as county, district and township 
 
 ofiicers. 
 
 Entry on lands 35. In casc the Commissioners of Public Charities 
 to lay pipes, &c. gij^H hereafter require to re-enter and re-open lands where 
 pipes are laid, the proprietors or occupiers shall be entitled 
 to such compensation as may be agreed upon with such 
 commissioners ; and in case of no agreement being entered 
 into, either party may proceed in such case in the same 
 manner as directed by chapter 41 of the Acts of 1859, 
 which shall be considered in force for that purpose. 
 
 Relations of pa- 36. The father, grandfather, mother, grandmother, 
 bute^ *°towards' children and grandchildren respectively of any pauper 
 maintenance, lunatic patient in the Nova Scotia Hospital for the Insane, 
 being of sufficient ability, shall contribute towards the 
 maintenance of such patient while in the hospital to such 
 extent as their means will permit without injury to 
 themselves or their families. 
 
 Appointment of 37. The council of each municipality shall annually 
 tM^dutfea. appoint not more than three committees of three persons 
 in each municipality. Every such committee shall have 
 power to inquire respecting the income and means of such . 
 father, grandfather, mother, grandmother, children or 
 grandchildren, and to make an order on any of such parties 
 requiring them to contribute towards the support and 
 maintenance of such patient to such extent as the circum- 
 stances of the parties may warrant ; and such committee 
 shall summon the parties to be affected by such- order to 
 shew cause against the same, and shall hear such parties. 
 
TITLE X.] LUNATICS. 291 
 
 and thereupon may confirm, alter or modify such order. Chap. 38. 
 
 Any p?.rty aggrieved by such order may within ten days '~ 
 
 after a copy of the order shall have been served upon 
 him appeal to the supreme court or a judge thereof in the 
 county ; but such appeal shall not be allowed unless the 
 appellant shall have served a notice in writing of such 
 appeal on the clerk of the municipality within such ten 
 days, and shall also within the same period have filed with 
 such clerk of the municipality 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 muni- 
 cipality 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 term 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. 
 
 38. The clerk of the municipality under the authority Amounts reooy- 
 of the council shall sue for the amount payable by virtue , "to ta^urfof 
 of such order, in the same manner as if it were a private """"i^'P^i'ty- 
 debt due himself ; and the amount when recovered shall 
 
 be paid into the treasury of the municipality. 
 
 39. Every such committee shall have power to alter Power of com- 
 or modify any such order, or to discharge therefrom the '°""^^' 
 party affected thereby, if such party shall become so 
 reduced in circumstances as not to be able to comply with 
 
 the requirements of such order without injury to himself 
 or his family. 
 
 40. Every member of any such committee shall beP^y"^"'"'<=°'"* 
 entitled to receive the sum of one dollar and fifty cents 
 
 for each day's necessary attendance on such committee, 
 which sum shall be a municipal charge. 
 
 41. The municipality of Halifax may appoint as many Two justices in 
 
 . , • ,-, J i £ 1, Halifax to take 
 
 justices as they may deem necessary, any two oi whom sutement in 
 
 shall have power, and whose duty it shall be, to receive ^xamiSe ^"re"a^ 
 
 and take the statement in Schedule A to this Chapter, ti^^s or friends of 
 
 and to take the examination under oath of the relatives 
 
 or friends of the lunatic as to his place of settlement, 
 
 and means and ability to pay for or contribute towards 
 
 his, maintenance in the Nova Scotia Hospital for the 
 
 Insane, which examinations under oath shall be filed 
 
 with the clerk of such municipality. Such two justices 
 
 shall also possess the powers and discharge the duties of 
 
 the committee mentioned in section 37, and shall make 
 
 such arrangements for the support of any such lunatic 
 
 as they may deem advisable, and shall take security for 
 
 the carrying out of any such arrangement by bond or note 
 
292 LUNATICS. [part I. 
 
 Chap. 38. to the treasurer of such municipality and his successor 
 
 in office. 
 
 Suohtwojustices 42. Any two of such justices, having first taken such 
 
 power to com^ statement and examination, shall alone have the power of 
 
 ""• sending or committing any such lunatic to the Hospital for 
 
 the Insane, and the commitment shall be signed by them 
 
 before the lunatic shall be admitted to such hospital or 
 
 become chargeable to the county of Halifax. 
 
 commissionera 43. Whenever the Commissioners of Public Charities 
 tods raqu^ed." shall require any or further lands for and in connection 
 with the Nova Scotia Hospital for the Insane for any 
 purpose whatever, they shall apply by petition to the 
 supreme court or a judge thereof, which petition shall be 
 accompanied by a plan of the lands required. 
 
 Proceedings on 44. Upon the presentation of such petition to the 
 
 petition. 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 
 
 Order nisi pub- such rule Or Order nisi upon all persons interested who ai'e 
 
 ^ unknown to the commissioners or upon whom personal 
 
 service cannot be effected ; and in case they shall not all 
 
 Arbitrators ap- agree in the naming of an arbitrator the court or a judge 
 
 pointed. shall name one for them ; and the Commissioners of Public 
 
 Charities shall name one on their own behalf ; and the 
 
 court or a judge shall name the third arbitrator; and 
 
 an order absolute shall thereupon pass appointing such 
 
 arbitrators. 
 
 Proceedings and 45. The arbitrators shall be sworn before a commis- 
 traTors. °* "''' sioJier of the supreme court to the faithful performance 
 of their duty. They shall hear the parties and witnesses 
 as regards the value of the lands applied for, and shall if 
 they think proper examine the locality; 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 
 penalties to which witnesses are subject who neglect to 
 attend after due notice before a judge or commissioner for 
 taking evidence de bene esse, and such disobedience shall 
 be punishable by a judge of the supreme court on the 
 certificate of the arbitrators of the non-attendance of the 
 witness. 
 
TITLE X.] LUNATICS. 29^ 
 
 46. The arbitrators shall fairly and truly estimate the Chap. 38. 
 value of the lands applied for by naming one sum for the a^^. 
 whole or naming one sum for each lot of land applied for, 
 
 as they may think proper in their award; and in ease of 
 disagreement two of the arbitrators may make the award ; 
 and the same shall be returned into the prothonotary's 
 office at Halifax. 
 
 47. The award shall not be set aside for any defect Award how dealt 
 appearing therein, and the same 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 amount 
 for the lands so taken, then it may be referred back to 
 such 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. 
 
 48. When such award is confirmed by the court or a Title to lands,, 
 judge the Commissioner of Public Works and Mines shall commisSoners."' 
 pay the amount thereof into the supreme court ; and upon 
 
 such payment into court and the recording of the award 
 and the order of confirmation in the office of the Registrar 
 of Deeds for the County of Halifax, the title to the lands 
 so applied for and set forth in the plan annexed to such 
 petition shall vest absolutely in fee simple in the Commis- 
 sioners of Public Charities. 
 
 49. The supreme court or a judge shall direct the Disposal ot 
 amount of such award to be paid to such party or parties a"^ 
 as may be deemed entitled to the same and in such 
 proportions as they may be deemed entitled to ; and in case 
 
 the title to such lands is in dispute then the supreme court 
 or a judge shall make such order, or direct the trial of 
 such issues before a jury, as may be deemed necessary for 
 the purpose of determining the respective rights of the 
 several parties to such lands. 
 
 50. In the construction of this Chapter, the terms 
 "Hospital" and "Hospital for the Insane" shall be 
 understood to. mean the "Nova Scotia Hospital for the 
 Insane ;" the term " district " to mean a municipal district 
 where a county is divided into separate municipalities; 
 the term " county " to mean " county " or such "municipal 
 district," and " supreme court " and " court " to mean a 
 judge of the supreme court ; unless such interpretation of 
 any of such terms is precluded by the context. 
 
Chap. 38. 
 
 LUNATICS. [part I. 
 
 A. 
 
 Statement to he forwarded to the Medical Superintendent 
 when application is made for the reception of a patient. 
 
 Some member of the family or acquaintance (assisted 
 by the attending physician if practicable) should give a 
 full and complete answer to each question — all facts thus 
 given will be regarded as private or professional com- 
 munication. 
 
 1. Name of patient (in full). 
 
 2. Where born. 
 
 3. Son (or daughter) of. Give names of parents and 
 state that they are or are not blood relations. 
 
 4. Residence, County of 
 
 5. Age , last birthday. 
 
 6. State as to marriage. Single, married or widowed. 
 
 7. Number and age of children. If female, give date 
 of last childbirth. 
 
 8. Occupation (or that of father or husband). 
 
 9. Personal characteristics. Give any physical defects 
 or peculiarities. Habits as a child and since then ; dis- 
 position and tastes ; success in business or condition of life. 
 Has the patient any vicious habits or always led a regular 
 life ; is he addicted to the moderate or immoderate use of 
 alcoholic beverages, or if a total abstainer. 
 
 10. Family history. Give all facts pertaining thereto 
 — if any relations have been insane, hysterical, nervous, or 
 have had fits, convulsions or syphilis, and whether on 
 paternal or maternal side. Have either been addicted to 
 intemperate use of stimulants or narcotics. 
 
 11. Education. 
 
 12. Religion. 
 
 13. Previous attacks. State if patient has ever had 
 convulsions, tits, or any previous attack of insanity. The 
 age at time of attack, its character, duration and treatment 
 employed. If sent to an asylum, state where and the 
 result of treatment. Give particulars of any subsequent 
 attacks, if any. 
 
 14. Previous health. Has the patient ever had 
 sunstroke or any injury of head, or any other serious 
 injury or any serious disease, such as fevers, ague, syphilis, 
 gout, rheumatism, consumption, or affections of lungs, 
 heart, brain, kidney or other organ. Has patient ever been 
 delirious, and if so give supposed cause. 
 
TITLE X.] LUNATICS.' 295 
 
 15. Tresent attack. Give date of any change in the Chap. 38. 
 
 usual condition or habits, disposition or temper. "What 
 
 was the change ? Has he been rash or speculative of late 
 
 in business, or has he exaggerated notions of his ability, 
 strength, power, &c. What has been done so far as regards 
 care or treatment. 
 
 16. Assigned causes. Give supposed cause or causes, 
 predisposing or remote, and the exciting or present cause. 
 
 17. Duration of present attack. Give date of its 
 commencement. 
 
 18. Whether subi'ect to epilepsy. State if subject has 
 falling sickness or fits of any kind. 
 
 19. State as to sleep. Sleepless or restless at night? 
 
 20. Appetite for food. Natural, depraved, fastidious 
 or absent. 
 
 21. If dangerous to others, how. Give full particulars. 
 State every attempt to injure others. Was it from sudden 
 passion or premeditation ? Has the patient been subjected 
 to mechanical restraint or confinement, and if so, where 
 and in what form, and for how long a time ? 
 
 22. If suicidal, in what manner ? State whether 
 attempted or threatened, and how often ? 
 
 23. Present condition. Whether in usual health or 
 feeble and emaciated, is the voice natural or is there 
 hesitancy or stammering in speech ? Is there any paralysis 
 or loss of power of limbs ? Is sight and hearing natural ? 
 Is patient excited or quiet, pleasant or moody and irritable ? 
 What is the occupation during the day or night ? Is there 
 failure in memory, or are his ideas exaggerated ? 
 
 24. What delusions. Give their characteristics. Are 
 there false impressions concerning the individuality or 
 surroundings ? Are the ideas connected, or is the mind 
 continually wandering ? Is a word dropped or forgotten 
 in conversation, or misspelled or absent in his writing ? 
 
 25. Present habits and propensities. Is the patient 
 filthy in habits or language, or destructive of clothing, 
 furniture or glass ? Is there indulgence in secret vice, 
 and if so, how long ? 
 
 26. Pecuniary circumstances and to whom chargeable. 
 Answer both questions. 
 
 27. Names and addresses of 
 
 I. Physicians. 
 
 II. Party giving the history. 
 
 III. Correspondent to whom letters may be addressed. 
 
 IV. Telegraphic address. 
 
 Note. — All letters of enquiry will receive a prompt 
 reply. Severe illness or the occurrence of anything of 
 moment will be immediately communicated. Stamps must 
 he enclosed to prepay replies. 
 
296 LtTNATICS. [part I. 
 
 Chap. 38. I, A. B., make oath and say that to the Lest of my 
 ~- knowledge the above particulars are correctly stated, and; 
 
 I hereby request you to receive the above named 
 
 whom I saw at on the 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. 
 
 Sworn to before me, one of Her Majesty's justices of 
 
 the peace for the county of , this day of 
 
 , 18—. 
 
 J. P. 
 Name 
 
 Address 
 
 Degree of relationship (if any) or other circumstances 
 of connection with the patient. 
 
 N. B. — 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 been received to this 
 statement. 
 
 B. 
 
 C&rtxjicaU. 
 
 W Name in full. I, the Undersigned," , being'' and in 
 
 (b) Qualification, actual practice, hereby certify that I, on the day of 
 
 (c) Locality. , 18 — , at° in the County of 
 
 . . „ separately from any other medical practitioner, personally 
 
 rd)Nameinfull. ^ • id "' n . ^ f i j.1, f . i -j 
 
 fe) Eesidence. exammed" 01 * ' and that the said 
 
 (1) Occupation. jg ^ person of unsound 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. 
 
 3. Oonrersation. 
 
 (g) State the in- 2. Facts indicating insanity communicated to me by 
 
 formation, and others -S 
 from whom. OWltilh ." 
 
 Name 
 
 Place of residence 
 Date 
 
 * The facts upon which (from personal observation) the opinion of insanity has been 
 formed should always be specified. 
 
TITLE X.] LUNATICS. 297. 
 
 N._ B. — Two certificates (dated within one month of the Chap. 38. 
 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. 
 
 C. 
 
 County of 
 
 To any of the constables of the said County. 
 
 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. 
 
 These are therefore to command you, the said constable, 
 
 to take the said and safely convey to 
 
 the Provincial Hospital for the Insane and there deliver 
 
 • into the custody of the medical superintendent 
 
 thereof or other person in charge. 
 
 And we do hereby request you, the said superintendent 
 of the aforesaid Hospital for the Insane, to receive and 
 
 place under medical treatment the said , until 
 
 released in the usual manner. 
 
 Given under our hands and seals at in the 
 
 county of this day of , A. D. . 
 
298 encoukagement of agriculture. [part i. 
 
 Chap. 39. 
 
 TITLE XI. 
 
 OF AGRICULTURE. 
 
 CHAPTER 39. 
 
 OF THE ENCOURAGEMENT OF AGRICULTURE. 
 
 Appointment of 1. The Governor-in-Council shall annually appoint a 
 Al^iratee^** "' Central Board of Agriculture, consisting of seven persons, 
 of whom one shall be selected from among the members of 
 the Executive Government of the Province, and the 
 remaining six shall be selected from the six districts 
 mentioned in Schedule B in the manner hereinafter pro- 
 vided. Five of such board shall be a quorum, and they 
 shall be a body corporate under the name of the " Central 
 Board of Agriculture." 
 
 Nominations for 2. It shall be the duty of the officers of every 
 
 hoTSade,*"^' agricultural society immediately after their election at the 
 
 annual meeting in December to nominate one person 
 
 suitable for appointment to the central board ; and the 
 
 secretary of every society shall forthwith transmit to the 
 
 Name, &c., to be Secretary of the central board the name and address of 
 
 Setay.'^'" the person SO nominated. 
 
 Govemor-in- 3. The Govcrnor-in-Council shall select six from among 
 
 Council to select q^q persons SO nominated to be members of the central 
 
 board, one being chosen from each of the districts specified 
 
 in Schedule B, and the preference being given for each 
 
 district to the person nominated by the greatest number 
 
 of societies. In case of an equality of votes for any 
 
 number of the persons so nomintaed for any district, the 
 
 Governor-in-Council shall determine who of the number 
 
 shall be the member. 
 
 In case of neg- 4. In casc the officcrs of the agricultural societies for 
 
 n^e &c meni- ^^7 district shall neglect or refuse to nominate any person 
 
 Vier ' to 'be ap- for appointment to the central board, or if the secretaries 
 
 pom e . ^£ ^j^^ societies shall transmit no such name and address, 
 
 the Governor-in-Council shall appoint a member of such 
 
 central board for such district. 
 
 Members to re- 5. All members of the board shall retire annually on 
 tire annually, ^-^e thirty-first day of January ; but shall be eligible for 
 re-appointment. 
 
■TITLE XI.] ENCOURAGEMENT OF AGRICULTURE. 299 
 
 6. When vacancies occur in the board from other Chap. 39 
 causes than the annual retirement of members on the vacancies in 
 thirty-first day of January, the Governor-in-Council niay''°^'^^'''°^fl"«'i- 
 at once_ appoint new members without reference to 
 nominations by societies. 
 
 7. The first meeting of the board shall be held at such ^'"^ "^f "S' 
 time and place as the Governor-in-Council shall direct/ ° 
 
 when they shall elect a president, vice-president, secretary Election ot offi- 
 and treasurer. "'"• 
 
 8. There shall be held in each year at least one general General meetingr 
 meeting of the board, which shall take place at Halifax in Hai^lx*'"'* '" 
 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 special meetings 
 instance of the president or upon the written request of Seury^'""'' 
 three members, and may be held at such times and places 
 •as the president or such three members shall determine. 
 
 9. The board shall not pay or allow any sum to a'*^™'=™ t° re- 
 member thereof for acting as such member, except the explnses?""''"^' 
 .amount of his actual hotel expenses and necessary travelling 
 •expenses in attending its regular meetings, which shall not 
 
 in any case exceed six cents a mile for the distance actually 
 -travelled in going to and returning from such meetings. 
 
 10. It shall' be the duty of the Board — Duties of board. 
 
 I. To take measures for the formation of county orT'°.*".''™ <=°™'y 
 •district societies and for infusing new vigor and efficiency ^""'^ '^^' 
 into those already in existence. 
 
 11. To receive the accounts and reports of such societies, portf"'™ ^^' 
 -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 t? publish and 
 -agricultural and horticultural information adapted to the nai." " " ''°"' 
 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 '^° obtain new 
 
 1 „ . J 1 J -J.- „ stock, grain, &c., 
 
 animals or new or improved breeds, new varieties ot for distribution. 
 .grains, seeds, vegetables, plants or other agricultural pro- 
 ductions for general and equitable distribution throughout 
 the several counties; and to adopt every measure in their 
 power generally to promote improvement in the agriculture 
 and horticulture of the Province. 
 
 II. The board may at anytime appoint a person topo^'iitoappoin' 
 "inspect the books and accounts of any society in the Province deties. 
 receiving government aid in connection with agriculture ; 
 
 -and all officers of every such society whenever required 
 .so to do shall submit its books and accounts to such 
 
300 ENCOURAGEMENT OF AGRICULTURE. [PART L 
 
 Chap. 39. inspection, and truly to the best of their knowledge answer 
 
 all questions put to them in relation thereto or to the 
 
 funds of the society. 
 
 Board entitiert to 12. For the purposes of this Chapter the board shall 
 
 sum of money; be entitled to draw from the Provincial Treasury annually 
 
 thereS'ind ac ^uch sum not exceeding eight thousand dollars as the 
 
 counts. Governor-in-Council may authorize, out of which they 
 
 may expend a sum not exceeding nine hundred dollars for 
 
 the salary or salaries of the secretary and treasurer of, 
 
 the board, and a further sum not exceeding one hundred 
 
 dollars for stationery and other incidental expenses ; and 
 
 they shall exhibit to the Government, for the information 
 
 of the Legislature, every year an account of the expenditure- 
 
 of the same, with proper vouchers, and a full report of 
 
 their proceedings. 
 
 Agricultural so- 13. Agricultural societies may be organized in any 
 
 ^nizei''"'' "county or two adjoining counties wherever forty persons 
 
 or more shall become members thereof by signing a 
 
 declaration in the form of Schedule A to this Chapter, 
 
 Subscription, and paying each not less than one dollar annually to the 
 
 funds thereof. A true copy of such declaration shall 
 
 within one month after the money has been so paid be- 
 
 transmitted to the secretary of the central board. 
 
 When so onian- 14. When any society shall be so organized, suchi 
 
 draw from trea- society shall be entitled to draw annually from the board 
 
 amount ''of'''sub- by Warrant in favor of its president and on the certificate 
 
 Bcriptions. of the Secretary of the central board not more than double 
 
 the amount of the subscriptions so raised and paid ; the 
 
 payment of such subscriptions to be certified upon oath 
 
 Not to exceed by the Secretary or treasurer of the society ; but no county 
 
 $250 per annum, ojp bordcr society shall be entitled to draw more than two 
 
 hundred and fifty dollars in any one year. 
 . Government ai- 15. In countics where more than one agricultural 
 apporuoned?" socicty cxists the Provincial allowance shall be given on the 
 principle in section fourteen, not exceeding for any county 
 the sum of four hundred dollars in any one year ; and the 
 same shall be apportioned among such societies by the 
 central board in a ratable proportion to the amount of 
 the subscriptions raised and paid by each society for the 
 year in which such allowance shall be claimed ; but no- 
 society shall draw more than two hundred and fifty dollars. 
 Of societies or- 16. All agricultural societies Organized previous to or 
 to I'lrV"^""" during the year one thousand eight hundred and seventy- 
 five, recognized by the Central Board of Agriculture, and 
 the names of which are included in the annual report to the 
 Legislature of such board for such year, shall be deemed tO' 
 be organized, under this Chapter, and shall be entitled, oa 
 complying with the requirements of such Chapter, to draw 
 
TITLE XI.] ENCOURAGEMENT OF AGRICULTURE. SOI 
 
 their respective proportions of the annual provincial Chap. 39. 
 allowance under the fourteenth or fifteenth section thereof. 
 
 17. Societies subsequently formed, or societies that may ot societies sub- 
 be hereafter formed, under the thirteenth section of this ed?!™"^ ''"™" 
 Chapter, shall not be deemed organized under such Chapter, 
 
 unless or until they have been formally sanctioned and 
 recognized by the Central Board of Agriculture ; and 
 societies that have not been in active operation, with the 
 returns required by such section forwarded to the secretary 
 of the board, before the first day of July of any year, shall 
 not be entitled to draw any portion of the provincial allow- 
 ance until the following year. 
 
 18. Any new society, having forwarded the declaration ^ew societies to 
 required by such thirteenth section before the first day of lowander"^ 
 July in any year, shall, on being sanctioned or recognized 
 
 by the board at their first meeting thereafter, draw its 
 share of the yearly provincial allowance under the four- 
 teenth or the fifteenth section. 
 
 19. An attested list of the members of the society ^'g'^^^'lJ'g '^f g°^ 
 whose annual subscription fees have been paid, together ^ety- 
 
 with a certified statement of the year's accounts and report 
 as presented to the annual meeting under the twenty-second 
 section of such Chapter, shall be forwarded by the president 
 or secretary of each society to the secretary of the board 
 not later than the thirty-first day of December in each year, 
 and societies failing to comply with the provisions of this 
 section shall forfeit their claim to any share of the provin- 
 cial allowance to societies for the year then ended. 
 
 20. In case of any difficulties arising as to the boun- J°^^g*^*"*'' """^ 
 daries of any such societies, the central board shall define 
 
 the same. 
 
 21 The obiects of such agricultural societies shall be objects of agri- 
 
 J I'lTi* i?- J cultural societies 
 
 to encourage and promote the introduction ot improved 
 stock, seeds, fruit, roots, implements, methods of culture, 
 drainage, orchard cultivation, and improvement in farm 
 buildings and domestic manufactures ; to hold shows and 
 exhibitions ; to award premiums for excellence, _ and to 
 diffuse information concerning agriculture and horticulture. 
 The funds of such societies, derived from the subscriptions 
 of members or the public grant, shall not be expended for 
 any object inconsistent with those above mentioned. 
 
 22. The annual meetings of the societies shall be held ^j-",^' "^^^"''g^ 
 on the first Tuesday of December in each year, when they 
 
 shall each elect a president, vice-president, secretary and 
 treasurer, and not more than five directors. 
 
 23. The officers appointed at the formation of such continue untu ° 
 societies shall, until the election of their successors at the^Sed?" *^' 
 
802 ENCOURAGEMENT OF AGRICULTaRE. [PART I. 
 
 Chap. 39. annual meeting, exercise all the powers vested in the 
 societies by this Chapter. 
 
 Special meetings. 24. They shall hold special meetings pursuant to 
 adjournment or on written notice from the secretary, which 
 shall be given one week before the day appointed for any 
 such meeting,and at any such meeting five shall be a quorum. 
 
 May alter by- 25. The Said officers and directors may at any such 
 
 laws, &0. meeting make, alter and repeal by-laws and rules for the 
 
 management of such society, copies of which shall within 
 
 one month thereafter be forwarded to the secretary of the 
 
 central board for its approval. 
 
 Annual report, 26. Such officcrs and directors shall, in addition to the 
 wiien presented. oj.,jinary duties of management, present at the annual 
 meeting in December a report of the proceedings of the 
 society during the year, in which shall be stated the names 
 of all the members of the society, the amount paid by each, 
 the names of all persons to whom premiums were awarded, 
 with the name of the animal, article or thing in respect of 
 which the same was granted, together with such remarks 
 upon the agriculture of the county as they may be enabled 
 to offer and a statement of the receipts and disbursements 
 of the society during the year ; which report and statement 
 if approved by the meeting shall be entered in the journal 
 of the society ; and a true copy thereof, certified by the 
 president and secretary to be correct, shall be sent to the 
 central board within one month thereafter. 
 
 County societies 27. The couuty socicty where but one exists in a 
 show."''' '"'"""bounty, and the several societies where more than one are 
 established therein, shall be requested to hold an annual 
 show for the exhibition, of agricultural and horticultural 
 produce, farm stock and articles of domestic manufacture ; 
 at which prizes shall be granted for the best specimens 
 produced : and such shows shall be held at such times and 
 places and under such regulations as the majority of the 
 officers and directors of the several county societies may 
 determine, 
 other system 28. If the officcrs and directors of the agricultural 
 
 iS*piaclofs°how^ society of any county or part of a county consider that 
 any other system might advantageously be substituted for 
 that of shows, and that the sum allotted to such society 
 might be better applied to the importation of stock or to 
 any other purpose for the improvement of agriculture ; in 
 such case they may so apply the said sum, provided notice 
 thereof has been given to the Board of Agriculture and its 
 approval of such appropriation obtained. 
 
 Annual grant for 29. TheCeutralBoard of Agriculture shall beauthorized 
 exhibitions. ^^ draw from the Provincial Treasury every year the sum 
 
TITLE XI.] ENCOURAGEMENT OF AGRICULTURE. 303 
 
 °^J?^S *^°"sand dollars for agricultural and industrial Chap. 39. 
 
 exhibitions, to be held every year alternately in the fol- " 
 
 i?T^"i-?.™^''°®^' namely :— (1) Agricultural and Industrial 
 iixhibitions to be held in any county in the Province 
 selected by the central board, and to be called Provincial 
 Exhibitions. (2) Agricultural and Industrial Exhibitions 
 to be held respectively in any one of the counties of each 
 district into which the Province is now or hereafter may 
 be divided, selected by the central board, and to be called 
 District Exhibitions. The said sum of four thousand 
 dollars shall be paid by the central board to any agricul- 
 tural society or other responsible body as a prize fund 
 every alternate year, as above provided, for the purpose of 
 the Provincial Exhibition, and every other year to similar 
 societies or bodies within each agricultural district, as a 
 prize fund for district exhibitions respectively in propor- 
 tion to the number of counties embraced in each such 
 district. Such exhibitions shall be carried out and all the 
 expenses thereof borne by such societies or bodies, under 
 such rules as the board may from time to time prescribe, 
 and the prize list for such exhibition shall be made up 
 under the direction and subject to the approval of the 
 Board and of the Governor-in-Council. 
 
 SCHEDTJLES. 
 
 We, whose names are hereunto subscribed, agree to 
 form ourselves into a society under the provisions of the 
 Chapter of the Eevised Statutes, " Of the Encouragement 
 
 of Agriculture," to be named the Agricultural 
 
 Society in the County of ; and we severally agree 
 
 to pay to the treasurer of the said society towards the 
 funds thereof annually the sums set opposite our respective 
 names. 
 
 Names of Subscribers. 
 
 A. B. 
 CD. 
 
 Sums Subscribed. 
 
304 AGRICULTURAL AND LAND CORPORATIONS. [PART I 
 
 Chap. 40. g 
 
 District number One shall include the counties of 
 Halifax and Lunenburg. 
 
 District number Two shall include the counties of 
 Kings, Annapolis and Queens. 
 
 District number Three shall include the counties of 
 Digby, Shelburne and Yarmouth. 
 
 District number Four shall include the counties of 
 Hants, Colchester and Cumberland. 
 
 District number Five shall include the counties of 
 Pictou, Antigonish and Guysborough. 
 
 District number Six shall include the counties of Cape 
 Breton, Richmond, Inverness and Victoria. 
 
 CHAPTER 40. 
 
 OF AGRICULTURAL AND LAND CORPORATIONS. 
 
 Agricultural cor- 1. Whenever twenty persous or more sh all raise forty 
 o^nS. ''"^ dollars per annum or upwards to be applied for the 
 improvement of agriculture, they shall thereupon become a 
 corporate body by such name as they shall think fit with 
 all the privileges and obligations in the Chapter " Of General 
 Provisions respecting Corporations" : but such privileges 
 shall continue only so long as there are twenty members or 
 more in the society, and as they shall annually raise the 
 sum of forty dollars at the least, and apply it for the 
 improvement of local agriculture. 
 Fonnation of an 2. Whenever any British subjects desire to form an 
 
 association for • !_■ r j_i i j • j_ n 
 
 the improve- association tor the purchase and improvement oi crown 
 
 ment of lands, j^j^jg q^ ^}^q lines of the trunk line of railroad from 
 
 Halifax to Quebec, they may transmit the names of such 
 
 persons, not less than twenty, as they wish to represent 
 
 them to the commissioner of lands and emigration, to be 
 
 transmitted to the Lieutenant-Governor of this Province, 
 
 who shall thereupon if, with the advice of council, it be 
 
 determined to invest such persons with corporate powers, 
 
 direct their names to be inserted in the Royal Gazette and a 
 
 patent to issue clothing such persons and their co-partners 
 
 with the privileges and legal liabilities of a corporation, 
 
 upon the following terms, subject to such restrictions as 
 
 may by the Governor-in-Council be deemed necessary : 
 
 priTiieges, lia^ First. — The name of the company and the names of its 
 
 Btrictems™of the directors to be lodged in the office of the Provincial 
 
 company. Secretary, with an impression of its common seal. 
 
TITLE XI.] AGRICULTUEAL AND LAND CORPORATIONS. 305 
 
 Second. — The directors to be liable to the whole extent Chap. 40'. 
 •of their fortunes for the debts of the company, being vested 
 •with power to sue and be sued in their corporate capacity. 
 
 Third.— -The shareholders to be liable only to the extent 
 'of their shares. 
 
 Fourth. — The company to purchase fifty thousand acres 
 of crown lands on the line of railroad at such price as may 
 be determined upon by the Governor-in-Council, with 
 power to purchase any further quantity when one-half of 
 .the original purchase has been sold and settled. 
 
 Fifth. — The lands to be laid off in lots of one hundred 
 •acres at the expense of the Government, and numbered on 
 the plans from one to five hundred, it being provided in 
 the general grant that every lot on which there is not a 
 dwelling house actually occupied and at least five acres of 
 land cleared and improved at the end of ten years from 
 ^;he date of its purchase, shall revert to the Crown and 
 become a part of the public domain, upon a declaration of 
 the Governor-in-Council to that effect, without office found. 
 
 Sixth. — Where the lands purchased are in one block, 
 and are not included in any township, they shall be formed 
 into a township ; and the inhabitants whenever they shall 
 number one hundred heads of families shall be invested by 
 law with all the privileges of township organization. 
 
 Seventh. — The capital of the company shall be limited 
 to two hundred thousand dollars, but may be increased by 
 four dollars for every acre of land purchased from the 
 Provincial Government above the quantity specified in the 
 fourth condition. 
 
 3. The company shall have power over such lands as Power of com- 
 they shall purchase, over mines not subject to legal reser-^™^"™' 
 vations, over the standing timber, mill sites and water 
 privileges; and may lay off and sell such lands in town 
 
 lots or blocks of less or more than one hundred acres at 
 their option, and for the general advantage. 
 
 4. The company may enter into contracts with any ^ompany^^ may 
 commissioners appointed to construct so much of the ways running 
 railway as will run through the lands purchased, and to \^^^«^ ^^^" 
 work and repair such railway after it is made ; but no 
 
 greater amount shall be charged for the construction and 
 working of such sections of the railway than is paid for 
 .constructing and working other portions of the line. 
 
 21 
 
306 farmers' clubs. [part i. 
 
 Chap. 41. 
 
 CHAPTER 41. 
 
 OF FARMERS' CLUBS. 
 
 Bureau of Agri- 1. The Central Board of Agriculture for the pur- 
 
 ™"""- poses of this Chapter shall be called the "Bureau of 
 
 Agriculture," to be governed and controlled as at present 
 
 constituted. 
 
 Bureau of Agri- 2. The Bureau of Agriculture may establish one or 
 tebiTsh ™FMm- more societies in the different counties of Nova Scotia to 
 era' Clubs." \,q called "Farmers' Clubs," for the purpose of mutual 
 agricultural and horticultural improvement. 
 
 Notice of forma- ' 3. Any number of persons not less than fifteen may 
 ers°c'iubs."^""' organize and form themselves into a Farmers' Club for any 
 county or district in a county, hy 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 his 
 election, and the other to be filed with the secretary of the 
 Bureau of Agriculture. 
 
 Election of offi- 4_ The ofEcers 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 such 
 officers shall be elected annually. 
 
 Fee for member- 5. The fee for membership shall be two dollars a 
 **• year. 
 
 Club to keep 6. It shall be the duty of such clubs to keep a record 
 staSstiosfanTto of their rcspectivc transactions, to prepare statistics in all 
 publish reports, ^^jjg branches of agricultural and horticultural industry in 
 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 farmers 
 generally, all such reports, essays, lectures and other useful 
 information as such clubs may respectively procure and 
 adjudge suitable for publication. 
 
 Bureau of Agri- 7. The Bureau of Agriculture shall from time to time 
 pare'^papers ''for prepare papers for the consideration of the clubs, to 
 clubs. embrace among others the following subjects : drainage ;. 
 
 the best fertilizers and manner of application ; the improve- 
 ment of dyked; marsh and swamped lands; rotation of 
 crops ; lands best adapted for cereals ; grain crops in their 
 various departments ; horticulture, and the improvement 
 of stock ; together with such other matters as may from 
 
TITLE XI.] farmers' CLUBS. 307 
 
 time to time in the judgment of the Bureau be considered Chap. 41. 
 necessarj\ ■ 
 
 8. Any club formed under this Chapter having funds Prizes for essays, 
 at its disposal may offer prizes or premiums in the county *''■ 
 
 for essays on questions of scientific inquiry relating to 
 agriculture or horticulture ; on the raising or improvement 
 of stock, and the breed of horses, sheep and swine ; the 
 invention or improvement of agricultural or horticultural 
 implements and machines ; the production of grain, cereals, 
 plants, flowers and fruits, and generally for excellence in 
 any branch of agricultural, horticultural, or floral indus- 
 try. 
 
 9. Such subjects shall be discussed at the different Results of dis- 
 clubs, and the results arrived at shall be transmitted by Se™to Bureau 
 the secretaries to the Bureau of Agriculture. 
 
 10. The Bureau of Agriculture shall annually epitomize Publication of 
 the results arrived at in the various discussions before thesfons.^" 
 clubs, and cause the same to be published for general sale 
 
 and distribution. 
 
 11. The clubs shall meet semi-annually, or oftener. Rules and regu- 
 Their proceedings and debates shall be conducted under 
 
 such rules and regulations as the Bureau of Agriculture 
 may prescribe. 
 
 12. Every club established under this Chapter shall be Clubs to be 
 
 IT •', 1 1 i_ij.li bodies corporate. 
 
 a body corporate, under such name as may be selected by 
 a majority of the club ; and such name shall be reported 
 by the secretary to the secretary of the Bureau. 
 
 13. There shall be allowed for the purposes of this ?4oo allowance. 
 Chapter out of the agricultural grant from the Provincial 
 treasury the sum of four hundred dollars, to be under the 
 
 control of the Bureau of Agriculture. 
 
 SCHEDXTXiE. 
 
 We, the undersigned residents of the county (or district) 
 
 of , hereby undertake and agree to form ourselves 
 
 into a Farmers' Club for such county (or district), under 
 the provisions of Chapter 41 of the Kevised Statutes. 
 
308 sewers — dyke and marsh lands. [paet i. 
 
 Chap. 42. 
 
 CHAPTER 42. 
 
 OF COMMISSIONERS OF SEWERS, AND OF DYKED AND MARSH 
 
 LANDS. 
 
 Commissions to 1. All commissions issued for the appointment of 
 continue m force gQj^j^jgg-Q^gj,g q£ gg-ypgrg shall Continue in force till the 
 
 Governor-in-Council shall otherwise direct. 
 
 Commissioners, 2. The Govemor-in-Council at the request of any of 
 
 and sworn"in'^ *^^ proprietors of any marsh, swamp or meadow lands may 
 
 cleric to be ap- appoint One Or more commissioners of sewers for the 
 
 sworn. ™ county, township or place where such lands lie, who shall 
 
 be sworn into office by a justice of the peace, and such 
 
 oath shall be endorsed on said commission and certified by 
 
 the justice administering the same, and such commission 
 
 with such certificate endorsed shall be received in evidence 
 
 without further proof in any court in this Province, and 
 
 such swearing shall be entered in the commissioners' book 
 
 of record ; and the commissioners 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. 
 
 Commissioners, 3. Two-thirds in interest of the proprietors of any 
 
 how chosen to -i j i j -j.! • xi • • t j.- i? 
 
 carry on worit ; marsh, swamp Or meadow lands within the jurisdiction oi 
 how dismissed, g^^j^ 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 
 supersede any or all of them, and choose others instead ; 
 and the choice or dismissal of any commissioners for or 
 from the management of any particular land shall be made 
 in writing under the 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 jn which such lands lie. 
 
 Powers of com- 4. The commissioucrs so chosen may require the pro- 
 
 S,^y?n|" m prictors of such lands to furnish men, teams, tools and 
 
 ™rks,' how materials to build or repair any dykes or wears necessary 
 
 begun'. to prevent inundation, to dam, flow or drain such lands, 
 
 or to secure the same from brooks, rivers, or the sea, by 
 
 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 
 
TITLE XI.] SEWERS — DYKE AND MARSH LANDS. 309 
 
 of such proprietors. The commissioner so chosen shall Chap. 42. 
 consult such other commissioners within the township, ~ 
 
 county or place as two-thirds in interest of the proprietors 
 of the lands in question personally or by their agents shall 
 name, as to the practicability of the work or anything 
 relating to the same. In case of the commencement of any 
 new work two-thirds in interest of the proprietors of the 
 lands shall first agree thereto. 
 
 5. Commissioners may appoint from among the pro-o™"<iers ™y 
 prietors of such lands one or more overseers to assist them, how swom. i 
 who shall be sworn by one of the commissioners. 
 
 6. Commissioners shall in ordinary cases cause three Notice to be 
 days' notice, exclusive of Sundays, to be given to theprietois" ^™" 
 proprietors of land or to their known agents when they 
 
 reside within six miles of the place where the labor is 
 required to be done, to attend and furnish labor and 
 materials ; but in case of sudden breaches in any works or 
 apprehension thereof, the immediate attendance of each 
 proprietor may be required, or if the repairs needed are 
 not extensive and the attendance of all the proprietors 
 would involve unnecessary expense, the commissioners may 
 employ men and teams and furnish tools and materials at 
 the expense of the proprietors, as provided in section four 
 of this Chapter as to cases of neglect. 
 
 7. The commissioners so chosen may assess the owners Assessment to bo 
 or occupiers of such lands for any expenses incurred by what 'purpose. 
 them or their predecessors whose accounts remain unsettled, 
 
 for dykes, wears, drains, aboiteaux, breakwaters or fences, 
 
 including a sum not less than two nor more than three 
 
 dollars per day for every commissioner while actually 
 
 employed and a reasonablfe sum for the payment of the 
 
 clerk, overseers and collector, having regard to the quantity 
 
 and quality of land of each owner or occupier, and the 
 
 benefit to be by him received. And it shall be lawful toiSfS^^;^^: "^ 
 
 assess and collect interest on any monies necessarily laid 
 
 out and expended by the commissioners in repairing dykes, 
 
 or in carrying on any works or undertakings for the benefit 
 
 of or in connection with any body of marsh under the 
 
 charge of such commissioners. 
 
 8. Where any rate shall exceed one dollar and fifty Rates^exceedmg 
 cents an acre on the whole quantity of ratable land, theflfty cents per 
 commissioners shall summon the owners or occupiers of ^^^^•''o^^"""" 
 such land, or their known agents, or such of them as shall 
 reside within ten (or in the County of Kings six) miles of 
 the work, to meet at a certain place and at a certain time, 
 not less than three days exclusive of Sunday, after service 
 of such summons ; when two-thirds in interest of the 
 owners or occupiers present may elect not less than three 
 
310 SEWERS — DYKE AND MARSH LANDS. [PART I. 
 
 Chap. 42. nor more than five disinterested persons as assessors who 
 
 shall be sworn into office in the same way as the clerk ; and 
 
 they or a majority of them shall with the commissioners 
 
 assess the owners or occupiers for the expenses incurred, 
 
 including a sum not exceeding one dollar and fifty cents a 
 
 day for each assessor while actually employed. 
 
 Commissioners 9. The Commissioners for the new or Wickwire dykes 
 
 dykes^'°''may in Horton may assess the owners or occupiers of land in 
 
 assess. g^^^jj dyke, although the rate shall exceed one dollar and 
 
 fifty cents an acre, provided the rate shall not exceed four 
 
 dollars an acre on the whole quantity of ratable land, 
 
 without calling a meeting of the owners or occupiers as 
 
 provided in the last section, or taking the other proceedings 
 
 prescribed by this Chapter where the rate exceeds one 
 
 dollar and fifty cents. 
 
 Meadow and XO. An assessment may be made in the same way in 
 
 assessed for respect of meadow lands and swamps for the original 
 
 ongma ram- Qpg^jjjg^ draining or fencing thereof, although the rate be 
 
 less than one dollar and fifty cents an acre on the quantity 
 
 of ratable land. 
 
 Assessment H. If the owners or occupiers or their agents, attend- 
 
 unaniS'usiy; ing such meeting shall unanimously agree to an estimate 
 
 rates. °^ °*''^'^ and assessment in writing to be entered in the books of 
 
 the commissioners, it shall be valid and binding as any 
 
 other rate or assessment. 
 
 Fines, rates, and 12. All fines, rates and assessments shall be recovered 
 
 ^oveve'd'^' ''"^^ by 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 sufficient proof of 
 
 the assessment having been ma.de, 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 the land, although the same shall have been sold and 
 
 Private set-off conveycd ; and no fine, rate or assessment shall be subject 
 
 to any set-oflf of a private nature, or be connected with 
 
 any private claini on the part of the plaintiff'. 
 
 Lands may be 13. When no goods of any owner or occupier of such 
 
 ment of rate's? lands can be found within the county where they lie, or 
 
 the commissioners shall not think prudent to proceed 
 
 under any judgment so obtained against such goods, the 
 
 commissioners 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 places in the township where the lands lie. 
 
 «nts not sufflcf ^'*' ^^ any such lands cannot be let for a sufficient 
 
 «nt. sum to pay the rate and expenses, the sheriff or his deputy 
 
 at the request of the commissioners shall sell the same, or so 
 
TITLE XI.] SEWERS — DYKE AND MARSH LANDS. 311 
 
 much thereof as is necessary to pay the rate and expenses, Chap. 42. 
 having given three months' previous notice of the time 
 and place of such sale by handbills posted in at least 
 three of the most public places in the township where 
 such lands lie ; and shall execute and deliver to the 
 purchaser a valid deed of such lands, for which deed, and 
 his attention about the sale, he shall be entitled out of the 
 proceeds to two dollars. A recital in the deed of such 
 handbills having been duly posted shall be presumptive 
 evidence of the fact. No school or glebe lands shall be 
 sold under this Chapter. 
 
 15. Where the present or former owner or occupier of ^^^°"^^l^^^ 
 any land, or his known agent, shall not have agreed to the not agreed to 
 building of any dyke, wear, aboiteau or breakwater, or to "°''"^" 
 
 the damming, flowing or draining of such land, the land 
 only shall be liable for the rate or assessment. 
 
 16. Any deficiency in the amount of a rate may be Deficiencies, how 
 levied and collected as an original rate. 
 
 17. No commissioner shall be liable to an action for when commis- 
 
 . •Ill 1 SlOnSl lluiDlc to 
 
 any demand for work or materials furnished by the owner action. 
 or occupier or his agent, until all rates and expenses thereon 
 against the lands of such owner or occupier shall have 
 been paid, nor until after a reasonable time for making up 
 the rate bill and collecting the same ; and before any letting 
 or sale shall take place the amount due to the owner or 
 occupier of such lands for work or materials shall be 
 deducted from the amount due from such owner or occupier. 
 
 18. Every owner or occupier of such lands or his o™|j| »»d^oc. 
 agent shall, when required by the commissioners, provide nish labor. 
 
 at a certain time and place named a sufficient number of 
 laborers with tools, carts and teams in proportion to the 
 quantity of land owned or occupied; and for each day's Fine for neglect. 
 neglect in case of a sudden breach, or the apprehension of 
 one, shall pay besides his rate or assessment a fine 
 of one dollar for each laborer, and a like sum for each cart 
 or team so required. All fines when recovered shall be 
 applied for the benefit of such lands generally. 
 
 19. When sods or soil shall be cut off the land of any ^Thow a'- 
 proprietor inside or outside of the dyke for the purpose of sessed. 
 making or repairing such dyke, or when such lands shall 
 
 be washed away or dyked out, or injured by carting over 
 the same by order of the commissioners, such damage 
 shall be valued, assessed and paid as other dyke rates. If 
 there be any lands so reclaimed lying undivided and in 
 common, the same shall be, as far as it may be available, 
 allotted to the party injured, and the balance only, if any, 
 assessed as above. 
 
312 SEWEES — DYKE AND MARSH LANDS. [PAET X. 
 
 Chap. 42. 20. When sods or soil shall be cut off the lands of any 
 Powers of com- proprietor inside or outside the dyke for the purpose of 
 missioners. making and repairing such -dyke or an aboiteau, the 
 commissioners shall have power to settle the value of the 
 same with the owner or owners of the land, provided the 
 damage does not exceed five dollars for each person ; and 
 if the commissioners and owners cannot agree, each party 
 shall choose one freeholder as appraiser, and such two 
 appraisers shall appoint a third freeholder to act with them, 
 and the decision of any two of such freeholders shall be 
 final ; and if the appraisers so appointed do not allow one- 
 sixth rnore than had been offered by the commissioners, 
 the owners shall pay all the expenses consequent upon 
 such appraisement. 
 
 record *° ""^"^ ^^- '^^^ clerk of the commissioners shall keep a record 
 of all their proceedings and a fair account of all moneys 
 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 
 demanded on paj'ment of ten cents for every ninety words. 
 
 taxed""^''''"''™ ^^- Whenever by the making or repairing of a break- 
 water by direction of a commissioner of sewers, salt marsh 
 lying inside or outside the same shall be benefited thereby, 
 the same shall be taxed and assessed towards the expense 
 of the breakwater in proportion to the benefit' derived. 
 
 Expense assessed £3. Whenever in the draining of any swamp or meadow 
 
 on parts bene- , iiiinr.ii • 
 
 flted. Jand a part shall be beneiited, the proportion or the 
 
 expense shall be assessed on that part only. 
 
 Competency of 24. A clcrk or overscer or collector shall be a 
 
 officers as wit- Competent witness to prove any fact connected with the 
 
 nesses. duties of his 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 himself in relation thereto. 
 
 shSTnot^be 25. No Commissioner of sewers shall hold the ofiice of 
 
 clerk. clerk or collector. 
 
 Plans when 26. When any commissioner of sewers having the- 
 obtained^' °'''' 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. 
 
TITLE XL] SEWERS— DYKE AND MARSH LANDS. 313 
 
 27. Where any lands enclosed by dykes shall, by other Chap. 42. 
 dykes erected outside the same, be enclosed and protected, outer dykes pro - 
 the commissioner in charge of the lands reclaimed by outer *f''"sjands ia- 
 
 j 1 r n n , • I. T . „ ,"' closed by inner 
 
 aykes snali call a meeting of the proprietors of the land dykes, how kept 
 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 place of meeting to each proprietor or his known agent ; 
 and two thirds in interest of such owners or occupiers 
 present, or in case of their neglect, the commissioners shall 
 elect not less than three nor more than five disinterested 
 freeholders, who being sworn before a justice shall deter- 
 mine what proportion or degree of benefit has accrued or 
 is likely to accrue to the old or inner dykes and the lands 
 lying within the same from the new or outer dykes, and 
 shall settle and declare the proportion of expense the 
 proprietors of the lands within the old dykes ought annually 
 to contribute and be assessed towards the maintenance 
 and repair of the new dykes ; and such persons, or two- 
 thirds of them, shall make a report in writing of their 
 proceedings, which shall be entered in the book of record 
 for such outer dykes ; and every sum 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 d}'k.e rates. 
 
 28. If such outer dykes shall at any time cease inO"'?' ^ykes 
 whole or in part to protect such inner dykes, the lands tect inner dykes, 
 within the inner dykes shall not for such time contribute 
 
 or be assessed to the support or repair of the outer dj'kes. 
 
 29. If at any time two thirds in interest of the P'opnetors in- 
 proprietors of the lands within the inner dykes shall be dykes may take 
 apprehensive that the outer dykes are unsafe or out of Smplf '"SpaiS 
 repair, two thirds in interest of the proprietors of the whole °* °"'^' ^ykes. 
 level may call upon one or more commissioners to examine 
 
 the outer dykes ; and if such 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 put the inner dykes in a state of repair as shall 
 seem most advisable. If the inner dykes be repaired then 
 the proprietors of the lands enclosed thereby shall bear 
 the expense. 
 
 30. If any person shall pasture marshes or other lands Dyke injured by 
 enclosed by a common dyke or without and adjoining such Joldsrhow re- 
 dyke, or shall make a road over such dyke whereby itP"''^"*- 
 shall be injured, the commissioners may make an order on 
 
 such person as often as occasion may require for repairing 
 
314 SEWERS — DYKE AND MARSH LANDS. [PABT I. 
 
 Chap. 42. the injury by a certain day to be named therein; and in 
 case of refusal of obedience to such order the commissioners 
 shall cause the injury to be repaired; and the person 
 disobeying the order shall forfeit for every offence two 
 dollars, which with the costs of the repair may be recovered 
 and applied as other dyke rates. 
 
 Cases of two pro- 31. On application by anv proprietor of marsh, swamp 
 
 uricuure, iicLLiicr -■ 11* *j* * 111* 1* 1 
 
 owning two or meadow lands in writing, signed by him or his agent, 
 ^d«d for"" '"^° to the commissioners for the county or township in which 
 the lands lie, or in case there have been a commissioner or 
 commissioners selected by two thirds in interest for carry- 
 ing on work over the lands whereof the same form a part, 
 then to such commissioner or commissioners, setting forth 
 that the same are frequently overflowed and rendered 
 unproductive ; the commissioners or any three of them, or 
 the commissioner or commissioners so selected as the case 
 may be, shall inquire into the merits of the application, 
 and may direct such lands to be drained by causing new or 
 old drains to be opened through the same or any adjacent 
 land, and such commissioner or commissioners may order 
 such measures as they may deem proper for rendering the 
 lands productive, and may require the proprietors or 
 occupiers of the lands through which the drainage shall be 
 ordered to perform a just proportion of the labor necessary 
 for the purpose, and shall have power to tax all lands 
 benefited by such drainage and the proprietors or occupiers 
 thereof for the expenses incurred, and for damage arising 
 therefrom, in proportion to the benefit to be received by 
 such lands respectively, by a rate according to the quantity 
 and quality of the lands owned by the proprietors 
 respectively, which rate shall be levied and recovered as 
 other 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 respectively, 
 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. 
 
 ^^}'f' ^'*r" 32. Two thirds in interest of the proprietors of any 
 
 mg, &c., roads, i n i t i i i r r ,.,..•' 
 
 &c., through body 01 mai'sh, dyked or undvked, may on application in 
 
 dyked lands. ■;• ■ n • ^i " . ■' . '^^ » 
 
 writing specially require the commissioners of sewers 
 having such land in charge, or in case there be none, may 
 select any other commissioner for the purpose of making, 
 repairing or altering any private roads or bridges leading 
 through or across the same, which such majority of two 
 thirds in interest may deem expedient or advantageous, 
 and the commissioners so appointed or required may call 
 upon the proprietors of such lands to furnish men, teams. 
 
TITLE XI.J SEWEES — DYKE AND MARSH LANDS. 315 
 
 tools and materials to carry on such works and may assess Chap. 42. 
 the owners or occupiers of such lands according to the 
 ibenefit to be derived, and collect such rates in the same 
 way as ordinary dj'ke rates. 
 
 33. On application in writing two thirds in interest of j^'°™s dyked 
 the proprietors of any part or portion of any dyked marsh 
 •or meadow land, desiring to flow the same, may direct the 
 commissioners in whose jurisdiction such lands may lie, or 
 in case there is none, any commissioner selected by themselves 
 from the same county or town, to proceed immediately and 
 set off such part or portion into a separate body and dyke 
 out such part or portion for the purpose of flowing the 
 same, and such commissioner maj' require the proprietors 
 or occupiers of such lands to furnish their proportions of 
 labor and materials necessary to erect a division dyke for 
 that purpose, and shall assess them for the expenses and 
 damages thereof according to the benefit to be received by 
 •such flowing: provided always, that whenever it shall Pro^iao. 
 appear to any commissioner of sewers adjoining such 
 flowed lands that such division dyke is insufficient, and 
 such lands adjoining are endangered thereby, it shall 
 be lawful for such commissioner to repair such division 
 dyke and collect the expenses thereof from the proprietors 
 •of land so dyked out. 
 
 84, The expenses of repairing the dyke cut for such Expenses, how 
 flowing shall be borne by the proprietors of the land so 
 dyked out and flowed. 
 
 35. If not less than one third in interest of the Notice by pro- 
 
 . iiii-ii- n pnetors dissatis- 
 
 proprietors or occupiers taxed shall within seven days fied with rate. 
 
 after being notified thereof give notice to the commissioner 
 
 or commissioners in writing, signed by themselves or their 
 
 respective agents, that they are dissatisfied with the rate, 
 
 such commissioner or commissioners shall summon the 
 
 owners or occupiers of such lands or their known agents 
 
 or such of them as shall reside within ten miles (or in the 
 
 county of Kings six miles) of the work to meet at a certain 
 
 place and on a certain day, being at least three days 
 
 ■exclusive of Sunday after service of such summons; when 
 
 a maioritv in interest of those present shall elect not less Assessors to be 
 
 J,.^ ,, r* !• • L J.J chosen, whose 
 
 than three or more than live disinterestea persons as decision shall be 
 .assessors; and the assessors or a majority of them, having '^"*'- 
 been first sworn into office in the same way as the clerk, 
 with such commissioner or commissioners, shall a.ssess such 
 owners or occupiers for the expenses incurred, including a 
 sum not exceeding one dollar and fifty cents a day for 
 ■each assessor while actually employed, and the decision of 
 the assessors or any three of them shall be final. 
 
316 SEWERS — DYKE AND MARSH LANDS. [PART I, 
 
 Chap. 42. 36. In case the proprietors neglect to meet at the time- 
 Mode of proce- and place appointed or to appoint assessors, or in case the 
 section not* cim- assessors or a majority of them neglect to perform the- 
 plied with. duties imposed upon them, the commissioner or commis- 
 sioners shall forthwith submit and refer such rate to three- 
 other disinterested commissioners of sewers of the county 
 or township within which the lands lie, by name ; wha 
 shall forthwith revise, and, if they see fit, amend such rate,, 
 and the decision of the revising commissioners or any two- 
 of them shall bo final. 
 
 Damages to land 37. When the land of any proprietor within such marsh,. 
 appUcaSt™ how swamp or meadow land, other than that of the applicant, 
 valued and aa-g^j^]} havc been injured by such drainage or other measures 
 ordered, the damage shall be valued, assessed and paid in 
 the same manner as directed for the expenses incurred in 
 such drainage. 
 
 Cases of two pro- 3S. When any dyked marshes are owned by two 
 owning' "two-*' pcrsons in such proportions that neither is interested to the 
 vMed 'for°" ''™ extent of two thirds, either party may require one or more 
 
 commissioners to take charge of and carry on any work 
 
 necessary for repairing the dykes thereof. 
 
 Certiorari for re- 39_ If any owner or occupier of land think himself 
 
 moving proceed- ■ i i "li -i- i ii • • c 
 
 ings into Su- aggrieved by the proceedmgs or the commissioners or or 
 preme Court. ^^^ 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 shall be first given by the applicant to 
 the prothonotary of the court for payment of costs to be 
 awarded and taxed. 
 
 Fines for clerks 40. All clcrks, collectors, ovcrscers and assessors who- 
 
 negiecth)K°duty^ shall neglect or refuse to comply with their duties, shall 
 
 be liable to a fine of two dollars for each offence, to be 
 
 collected and appropriated as other fines under this Chapter. 
 
 Notices may be 41. Every notice required to be given, unless herein 
 otherwise direct- otherwise directed, may be a verbal notice to be given to 
 ^ ■ the parties in person or left at their dwelling houses if 
 
 known, and within the distance limited in this Chapter. 
 
 Two thirds of 42. Two thirds in interest of the proprietors of any 
 choose'coifectors marsh, swamp or meadow land, may make choice of a- 
 cere, s°ett" rati <^o'l6ctor, overscers and assessors, may order, confirm or 
 of wages, &c. disallow any plan of lands, and settle the wages to be paid 
 
 to or for the collector, overseers, laborers, carts or teams,. 
 
 and the price to be paid for materials, and cause the same 
 
 to be entered in the book of record for the guidance of the- 
 
 commissioners. 
 
TITLE XI.] SEWERS — DYKE AND MAESH LANDS. 317 
 
 43. No commissioner shall be liable for any act of his Chap. 42. 
 predecessors in office about any work in which such com- commissBonw, 
 missioner is engaged, unless for money he might or could ^°^ tlieJsf'v''- 
 have collected on account of work done by his predecessors, acts?"* ecessors 
 
 44. No lands except dyke lands, properly so called, Dyke lands alone 
 shall be rated or assessed for any dyke rate for any purpose *° ^ ^^'^^^'i- 
 under this Chapter. 
 
 45. Whenever any proprietor of any marsh or swamp Persons widen- 
 land, or land covered with water, is desirous of making uaWe "to/' dam- 
 any improvement on his own land, by deepening or widen- °'^^^' 
 
 ing the watercourses or drains of lands of any other person 
 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 be begun until 
 the party proposing to undertake the same shall have filed 
 with the clerk of the municipality a sufficient bond, with 
 not less than two sureties to be approved by such clerk, to 
 pay for all damages arising from such contemplated 
 improvement. Provided always, that whenever it shall be JJ|™'"*g® ^j ^^ 
 found necessary to cut any drain through any dyked or lands under su- 
 marsh lands the same shall be done under the supervision Sonms.^"""' 
 ■of the commissioners of sewers. 
 
 46. Whenever pursuant to the laws of New Brunswick ^™„ieg''ion™3''^ 
 there shall be appointed in that Province two or more^ppo'''*^"^. ^y 
 commissioners for the body of marsh on both sides of the council, with 
 boundary line between New Brunswick and Nova Scotia, poiVeVbr New 
 adjacent to the Missequash river and its tributaries, north f^™"boird called 
 of the point where the marsh lands of Joseph Trenholm " Missequash 
 and the lands of the estate of Henry Chapman, deceased, of'sewers™^'^ 
 meet such river, it shall be lawful for the Governor-in- 
 Council upon the written requisition of the marsh 
 proprietors on the Nova Scotia side of the said boundary 
 
 line from time to time to appoint two or more commissioners 
 of sewers, who shall be sworn into office as directed by 
 this Chapter, and who together with an equal number of 
 commissioners appointed in New Brunswick shall form 
 a board called the " Missequash Commissioners of Sewers," 
 a majority of whom shall form a quorum. 
 
 47. Such board of commissioners, or a majority of Th?ir powers 
 them, shall have and exercise as regards such body of 
 
 marsh on both sides of the boundary line aforesaid all the 
 powers and privileges conferred upon commissioners of 
 sewers generally under and by virtue of this Chapter, and 
 in as full and ample a manner as if such property lay 
 wholly within this Province; and it shall not be necessary 
 
318 COMMON FIELDS. [PART I, 
 
 Chap. 43. to make separate rules for the portion of land lying in this 
 ' Province, nor to appoint separate officers, or take separate- 
 proceedings in reference thereto, but the proceedings may 
 be conducted throughout by such board conjointly, and all' 
 rates and assessments upon property lying in Nova Scotia 
 may be enforced and collected pursuant to the provisions 
 of this Chapter. 
 ProTision in case 48. In case any proprietor of marsh lands lying on the 
 marsh land Uvea Missequash river north of the point where the marsh lands- 
 tton of court.'*'"' of Joseph Trenholm and the lands of the estate of Henry 
 Chapman, deceased, meet such river, against which a rate- 
 or assessment has been made, lives out of the jurisdiction 
 of the court in which such rate or assessment is to be- 
 recovered, it shall be lawful for such court, or the presiding- 
 officer thereof, on being satisfied by affidavit or the oath 
 of the person serving the process of the court that such 
 proprietor has been served with such process at least six 
 days previous to the return thereof, to proceed in the 
 same manner as if such proprietor lived within the 
 jurisdiction of the court. 
 
 OHAPTEK 43. 
 
 OF COMMON FIELDS. 
 
 Lines and boun- 1. Each proprietor of lands lying unfenced or in a 
 
 daries, how Icept j2iii-n ' i. ./o ^ 
 
 up. common field shall once in two years, on six days notice 
 
 given to him or his agent by the adjoining proprietor, run 
 
 the lines and make and keep up the boundaries of such 
 
 lands by stones or other sufficient marks ; and any person 
 
 neglecting so to do shall forfeit four dollars. 
 
 Regulations to 2. The proprietors of common fields shall meet annually 
 
 Dual genera™ on the fii'st Monday of September, or on some other day 
 
 meeting. ^^ ^^ appointed at a general meeting, at some convenient 
 
 place, and by vote of a majority in interest of those 
 
 present may make regulations respecting the managing, 
 
 fencing and- improving the same, and keeping the fences 
 
 thereof in repair, and the making and repairing of roads 
 
 and bridges in and across such common fields as may from 
 
 time to time appear expedient. 
 
 Regulations to 3. The regulations shall be entered in a book to be 
 
 kept 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. 
 
TITLE XI.] COMMON FIELDS. 319 
 
 4. If any person shall not comply -with the regulations, Chap. 43. 
 he shall forfeit a sum not exceeding two dollars. Fine for non- 
 
 . compliance. 
 
 5. In addition to any penalty imposed by this Chapter. Proceedings to 
 if any proprietor shall^ after three days' notice f rom uo^o/ienceT"' 
 another proprietor, neglect to obey any regulations of the 
 proprietors 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 Brands to be en- 
 any common field by their regulations for branding ortook— fee there^ 
 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, Fine for second 
 shall not enter any other brand or mark similar thereto, mark. ° ^"'"'^ 
 under a penalty not exceeding forty dollars. 
 
 8. If any proprietor of a common field, or any person Fine for unau- 
 
 Ti_. 1- i'~in"j.i 1 1 1 ill thorized or coun- 
 
 by his direction, shall with a brand or mark not recorded terfeit brand. 
 
 or entered by the town clerk brand or mark any animal 
 
 for the purpose of turning the same into a common field, 
 
 or shall counterfeit any such brand or mark for the purpose 
 
 of branding or marking any animal, every person so 
 
 offending or being accessory thereto shall forfeit a sum 
 
 not exceeding twenty dollars. 
 
 9. Every proprietor of any field adjoining a common Proceedings to 
 field enclosed and improved, in case his part' of the fence t8™of adjomiJJ 
 dividing his land from such common field shall become J^^^'^jl^'^g/'^P*''' 
 defective, shall immediately make the same a legal fence ; 
 
 and in case of his neglecting so to do within three days 
 after notice given him by the field keeper or any proprietor, 
 any fence viewer on application may forthwith cause the 
 same to be repaired ; and the person who ought to have 
 repaired the same shall pay double the expense thereof to 
 the fence viewer. 
 
 10. If any proprietor in a common field shall desire to Proprietor desir- 
 have his land separately fenced, he shall, unless otherwise ahfu bear wh "if 
 assented to by two thirds in interest of the whole proprie- t"XthMs™'in! 
 tors, bear the whole expense of fencing the same, and shall terest consent. 
 be bound to keep such fence in repair at his individual 
 expense. 
 
 11. At the annual meeting the proprietors shall appoint ^"^^''^^^^j"' 
 from among themselves a committee of not less than three how appointed;. 
 nor more than five, to carry into effect the regulations *''"''■ '^''"^'• 
 made respecting such common field for the ensuing year. 
 
320 COMMON FIELDS. [PART I. 
 
 Chap. 43. 12. Whenever the committee shall find it necessary to 
 
 Instructions as raise money to carry into effect any regulation not applying 
 to aseessments ^q the making or repairing of roads or bridges in or across 
 
 for various pur- /.iiiiii i ,^ 
 
 poses. such common held, they shall assess the amount on the 
 
 several proprietors or occupiers of the common field by an 
 even and equal rate according to the quantity and quality 
 of land held ; and in cases of regulations applicable to the 
 making and repairing of roads and bridges in or across 
 such common field, the committee shall assess the amount 
 on the proprietors or occupiers by an even and equal rate 
 according to the benefit to be derived from such roads and 
 bridges by each proprietor or occupier respectively. 
 
 Section twelve 13. The last section shall not extend to any common 
 to Grand Prairie; field on the Grand Prairie or Wick wire dykes in Horton; 
 See of such^'^*' ^^^ Committee for any common field on such dykes 
 dykes. shall have power to make and repair all fences, gates, roads 
 
 and bridges in, across or around the same, to call meetings 
 of the proprietors, giving three days' notice to all proprie- 
 tors residing within six miles of their clerk's office, and to 
 do all acts necessary for the security and improvement 
 of such common field, and to notify the commissioners 
 of sewers of said dykes of such expense ; and the 
 commissioners shall include the amount in any sum of 
 money to be by them assessed upon the proprietors of 
 such dykes as ordinary dyke rates, and shall apply such 
 amount in payment of the expenses incurred as certified 
 b}' such committee. 
 
 Collectors ap- 14. The Committee maj' by writing appoint a person 
 
 mHteel Yhe?" to collect f rpm the proprietors or occupiers the several 
 d"'!"- sums assessed upon them respectively ; and the collector, 
 
 upon neglect of any party assessed to pay the amount for 
 which he shall have been rated after due notice of such 
 assessment, may collect the same as if it were a private 
 debt due him. 
 
 Allowance to 15. The Committee may include in any sum to be 
 taduded'^in''as^ assessed One dollar for the attendance of each of their 
 seasment. number for every day actually employed in carrying the 
 
 regulations into effect. 
 
 Penalties, how 16. All penalties and fines provided by this Chapter 
 shall be imposed upon summary conviction oi the oitender 
 before a justice of the peace, and in default of payment 
 the party convicted shall be imprisoned in the county 
 jail for a period not exceeding thirty days. 
 
 collected. 
 
ITTLE XII.] LATINO OUT, ETC., ROADS. 321 
 
 Chap. 44. 
 
 TITLE XII. 
 
 OF HIGHWAYS, BRIDGES, PUBLIC LANDINGS, 
 FERRIES AND RAILROADS. 
 
 CHAPTER 44. 
 
 OF THE LAVING OUT AND MANAGEMENT OF CERTAIN GREAT 
 
 ROADS. 
 
 L The provisions of this Chapter shall extend to the Roads to whicii 
 following roads only, viz. : The main post road from p^lla.*^''*^'*' "''" 
 Halifax to Pictou, thence to Antigonish, Guysborough and 
 Saint Mary's j the great eastern road from Halifax to 
 Saint Ma.ry's ; the eastern shore road from Dartmouth to 
 Saint Mai-y's ^ the road from Antigonish to Port Mulgrave 
 by Auld's and Cape Porcupine, and also from Black Bridge, 
 Tracadie, to port Mulgrave ; the road from Guysborough 
 to the Strait of Canso ; the road from McMillan's, east side 
 of the Strait of Canso, to Saint Peter's, thence by the Bras 
 d'Or to Sydney, and thence to the Sydney Mines, Boular- 
 darie, Baddeck, Middle River and Margaree, thence to 
 Broa-d Cove, Port Hood and McMillan's, at the Strait of 
 Canso, thence to Baddeck by Victoria Road ; the road from 
 Arichat to Grandance ; the road from Truro to Amherst, 
 And thence to the boundary of the Province ; the road from 
 Truro to Amherst by Tatamagouche; the road from 
 Amherst to Parrsborough ; the road from Pictou to Tata- 
 magouche ; the road from Halifax to Windsor, thence to 
 Kentville, Annapolis, Digby, Yarmouth, Shelburne and 
 Liverpool; the road from Liverpool through Middlefield, 
 South Brookfield, Harmony, Kempt, and Maitland to Anna- 
 polis ; the road from Liverpool to Mill's Village, thence to 
 Bridgewater and Mahone Bay, and thence to Chester and 
 Windsor; the road from Chester to Halifax by Saint 
 Margaret's Bay ; the road leading from the Kempt road, in 
 the County of Richmond, to West Bay, thence by the same 
 road to Saint Peter's, thence to Grand River, thence to 
 Louisburg by Saint Esprit ; the main post road from New- 
 Glasgow, in the County of Pictou, to Sherbrooke and Wine 
 Harbor, in the County"of Guysborough ; and the main post 
 road leading from Baddeck, in the County of Victoria, to 
 Big Baddeck Glen and thence to North River, Saint Ann's ; 
 22 
 
322 LAYING OUT, ETC., ROADS. [PART L 
 
 Chap. 44. the road leading from Point Brule, in the County of 
 Colchester, to Riversdale. in the County of Pictou, by way 
 of River John and Logansville. 
 Private lands 2. Commissioners to expend nnoneys for the opening 
 
 r^eemenT'^ ^^ of uew Toads or altering old ones when it shall be necessary 
 to cross private lands for that purpose, the proprietors 
 whereof claim damages, shall if deemed for the public 
 benefit, make an agreement in writing with the proprietors ; 
 the agreement to state the length of the road and the 
 amount agreed on for damages and cost of fences, and to 
 have a plan of the road and land through which it is 
 intended to be carried annexed; and the same shall be 
 laid before the council of the municipality, and also a 
 statement of expenses and charges attending the same ; 
 and if the council approve of the agreement or portions 
 thereof thej' shall return the same with their certificate to 
 the Provincial Secretary's office, to be laid before the House 
 of Assembly; and the House, having considered, may 
 confirm the agreement or any portion thereof, in which 
 case the same shall be returned to the Provincial Secretar3''s 
 office ; and the Provincial Secretary may draw warrants 
 on the Treasurer for one half the amounts which may be 
 confirmed, and the other half thereof shall be a charge upon 
 the municipality within the limits of which such damages 
 have been incurred. 
 Mode of proccd- 3. When no agreement shall be made, or any part 
 agreement can thereof shall not be Confirmed, one appraiser shall be 
 be made. appointed by the Governor-in-Council, a second by the 
 
 persons interested in the lands, and on their default after 
 three days' notice by the commissioner, and a third shall in 
 any case be appointed by the commissioner ; and the three 
 appraisers shall be sworn to the faithful discharge of their 
 duties, and shall enter upon the lands and lay out the road 
 in the manner most advantageous to the public and least 
 detrimental to the persons interested in the land, and 
 measure and mark the same, and appraise the land.s, taking 
 into account the improvement, and assess the damages to 
 the owners and tenants therefor, and for fencing the sides 
 of the road ; which appraisement shall be reduced to 
 writing, and accompanied by a plan and admeasurement of 
 the road shall be returned to the clerk of the municipality, 
 to be laid before the council ; and further proceedings shall 
 be had thereon in conformity with the provisions of the 
 last preceding section. 
 
 Commissioner 4. After any agreement shall have been made or an 
 
 Sledirte°iy°\pM appraisement had under the second or third section, the 
 
 apprai'sement."'' commissioner may enter upon the lands and proceed with 
 
 the road, leaving the compensation to be paid to the pro- 
 
'TITLE ^11.] LAYING OUT, ETC., ROADS. '323 
 
 Jprietor to be finally determined in the manner in such Chap. 44. 
 ■sections respectively directed. ' "^^ 
 
 5. No payment for fencing shall be made under this Fences to be 
 ■Chapter until the proprietors of the land shall have made compensation. 
 oath that the same has been put u,p in a propef manner 
 
 and at least thirty-three feet from the cen'tre of the road, 
 «.nd encloses in whole or in part some of his lands, and that 
 the same shall not be removed with his assent ; nor shall 
 •any compensation for such fencing be made unless claimed 
 Avithin one year after the road shall have been opened. 
 
 6. No money shall be drawn from the provincial Damages from 
 
 p :i .1 1,. ' L £ treasurp restrict- 
 
 treasury for damages on the completion or running out oi ed to roads la 
 any new road or alteration of any old one, othe-r than on *'^ chapter- 
 the roads specified in this Chapter. 
 
 7. The road shall be at least sixty-six feet in width, width of road. 
 
 8. When any road has been or shall hereafter be made site otrrad when 
 •or altered without any deraiand for compensation by the rendered, 
 proprietors of land through which such road runs, within 
 
 •one year from the opening thereof, such aicquiescence on 
 the part of the proprietors shall be held a voluntary 
 surrender to Her Majesty forever for a public highway of 
 ■all the land through which the new road passes to the 
 breadth of sixty-six feet. 
 
 9. The Governor-in--Counoil may assume the charge what roads un 
 "airti management of the undermentioned great roads, that ooverno'i-Tn- 
 
 , Council. 
 
 as to say* 
 
 iFw-sf.— The great road east from Halifax to Sydney, 
 Oape Breton, passing through the counties of Halifax, 
 Colchester, Pictou, Antigonish, Inverness, Richmond and 
 •Cape Breton. 
 
 Second. — The great foad north, from Truro to the 
 frontier of New Brunswick. 
 
 Third.-^Tke eastern shore, from Dartmouth to Ship 
 Harbor. 
 
 Fcmrthr-^The raew Guysborough road, from the point 
 •of intersection with the great eastern road at Rutherford's 
 to the dividing line between the counties of Halifax and 
 Guysborough. 
 
 Fifth. — The southern .shore road from the head ©f the 
 North West Arm to the dividing line between the counties 
 -of Halifax and Lunenburg. 
 
 Sisdh. — The great western road from the city of Ha,lifax 
 to Avon bridge in the County of Hants. 
 
 Seventh.— The road from Liverpool through Middlefield, 
 South Brookfield, Harmony, Kempt and Maitland, to 
 Annapolis. 
 
324 LAYrNTG OUT, ETC., ROADS; [PAET L 
 
 Chap. 4'!. 10. The Governor-in-Council may lay off the great 
 Govern or-in- roads herein mentioned in convenient sections, not exceed- 
 offWdrSa^di^g °^^ hundred miles, and appoint one supervisor for each 
 appoint super- of the sectioDs SO laid oflfand determined. 
 
 visors. 
 
 Supervisors' au- 11. Such supervisors- wbcn duly eommissk)ned and 
 thority. appointed shall have the general charge and superintend- 
 
 ence of the sections of great road which shall be respectively 
 entrusted to their care. 
 
 To expohd 12. The Supervisors shall be entrusted with the expen- 
 
 diture of whatever sums are annually voted by the 
 legislature for the maintenance, repair and impr&vement of 
 
 Proviso. ^"''h great roads ; the power of the legislature to subdivide 
 
 and apportion the great road moneys not being impaired 
 by this Chapter. 
 
 Mode of expen- 13. In the expenditure of such moneys, and in the 
 mode 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 supervisors shall be 
 guided ^nd boimd by the laws of this Province, and 
 (except when restrained by any Order-in-Council) shall 
 possess and exercise all the powers now by law possessed 
 and exercised by commissioners of highways. 
 
 Supervisors to 14. It shall be the dutj' of such supervisors to furnish 
 reports, ^j^jj^g^j reports of the state, condition, and requirements of 
 the sections of roads committed to their charge, with 
 suggestions for their improvement, and detailed estimates 
 of the probable cost of the alterations and improvements so 
 suggested. . 
 
 To be ruled by 15. It shall be lawful for the Governor-in-Council to 
 
 orders from Gov- . j. ,. . .• t_ j j • ^ !_• , ,i 
 
 ernor-in-Councii. issue trom tmie to time such orders and instructions to the 
 supervisors as may seem meet ; such orders and instructions 
 to be laid before the legislature within ten days after the 
 opening of the next session, and to have the force of law 
 until the same shall be disapproved. 
 
 Eemuneration o( 16. The rate of remuneration to the supervisors to be 
 supervisors. appointed under this Chapter shall in no case exceed the 
 amount of commissions which is now by law given to 
 commissioners of roads, except where surveys of new and 
 important sections of roads are made j and then they shall 
 be entitled to charge at the same rate as is now paid to 
 surveyors for the like service. 
 
 Road work to be l7. All road work shall be done by tender and con- 
 wdays^ Mor^"^ tract, except where the expenditure of the moneys by days' 
 
 work may be more advantageous to the public, and so 
 
 testified to by the supervisor. 
 
TITXE XII.] HiCfHWAYS, ETC. 3£g 
 
 Chap. 45. 
 OHAPTEE 45. 
 
 or LATIN-G OLIT EOADS OTHER THAN GREAT ROADS. 
 
 1 . The provisions of this Chapter -shall be applicable Roads to which 
 to roads other than tbose mentioned in the last preceding "'"''"^'' *''p""' 
 Chapter. 
 
 2. Twenty or more freeholders of any municipality Mode of layin? 
 may petition the municipal council for the making of a ?"g oiTroIdl""" 
 new road or the alteration of an old one- and the council 
 
 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 de.sired new road or alteration, and if 
 satisfied thereof to lay out and mark the same in the way 
 most advantageous to the public and li-ast prejudicial to 
 the proprietors of lands through which the same shall pass. 
 
 3. The persons so appointed shall examine into the Persons appoint- 
 propriety of such road, and if by them deemed unneces-cou^nT"" '" 
 sary shall report the same to the council ; and if deemed 
 
 for the public benefit may lay out and mark the same, 
 
 and may make an agreement in writing with the proprietors To make agree- 
 
 of the land through which the same shall run, which "riet™."^ '"°" 
 
 «,greement shall state the length of the road and the 
 
 amount agreed on for damages to soil, improveiYlents and 
 
 cost of fencing respectively, and shall have a plan annexed '''o annex plan. 
 
 of the road and lands through which it shall run, to be 
 
 filed with the clerk of the municipality, with a full return 
 
 of proceedings thereon, to be laid before the council. 
 
 Commissioners so appointed shall be entitled to be paid ^"'■"""""''on. 
 
 out of the municipal treasury not less than two nor more 
 
 than three dollars for each day so employed. 
 
 4. When no agreement shall be made, one appraiser ^^en no agrree- 
 
 1 11 1 . 11 1 1 p ji 1 nient made, ap- 
 
 shall be appomted by the warden or the county, another praisers to be 
 
 by the owner or owners of the land, and on their defaultsSo?"!'^ ''" 
 
 after three daj's' notice by the persons who shall have laid 
 
 out the road, who in any case shall appoint a third ; and 
 
 the three apprai.sers shall be sworn before a justice of the 
 
 peace to the faithful di.scharge of their duty, and shall 
 
 enter upon the lands and appraise the damages to the 
 
 owners for soil, improvements and fencing respectively; 
 
 which appraisement shall be reduced to writing, aqd shall 
 
 be returned to the clerk of the municipality accompanied 
 
 by a plan and admeasurement of the roads, to be laid 
 
 before the council. 
 
 5. If the proprietor of the land be absent from the Notice to absent 
 Province no notice need be served .; and if he be absent p™'"'" '"'^' 
 
ationa. 
 
 326 HIGHWAYS, ETC; [PAET Iv 
 
 Chap. 4'5. from the county and within the Province, a notice may be 
 forwarded to him by mail ; and if after fifteen days he 
 shall not appoint an appraiser, the warden is authorized to. 
 appoint in either case an appraiser for the absent proprietor, 
 whenmoretiian 6. When the road shall ran throiugh the^ lands of more 
 appraiS" how than ouc proprietor such of said proprietors who shall not 
 appointed. enter into an agreement as provided by this Chapter shall 
 join in the appointment of one appraiser for the purpose- 
 of appraising damages to feheir respective lands, together 
 with the two appraisers to be appointed as hereinbefore 
 provided ;: and in case of the said proprietors dis.agreeing 
 or negfecting or refusing so to do after seven days' notice,, 
 the warden shall appoint one arbitrator, whose acts shali 
 be binding on such proprietors touching such damages as 
 if they had joined in such appointment. 
 Clerk to post 7. The clerk of the municipality shall post notices 
 
 roads'^" a,iter Containing the substance of such returns in at least six 
 places of public resort in the county, or township, and also, 
 near the contemplated new road or alteration, for the space 
 of thirty days previous to the next meeting of council. 
 Council to con- 8. At the next meeting of council the proceedings, 
 p™ ceding* °* shall be con.'iidered and objections if any heard thereto^ 
 and the council shall then confirn* or disallow the proceed- 
 ings, and if confirmed they shall be recorded. 
 Appraisers to ap- 9. The persons appointed under the second section in 
 portion old roads j^g^j^jj^^ their appraisement in case of alteration of a road, 
 may apportion the old load or parts thereof to proprietors 
 of lands through which the alteration runs, and put a 
 value thereon as compensation in whole or in part for the 
 land taken for the alteration, and shall include the same in 
 their return ; but the land so apportioned must run 
 through or adjoin the lands of the proprietor to, whom it 
 is apportioned. 
 
 New roads, 4e., 10. The pcrsons appointed undee this Chapter to lay 
 
 width of. ^^^ ^^^ jjg^ ^^^^ ^j, alter any old one may lay out the 
 
 same of a less width than sixty feet, if they shall consider 
 
 such less width sufficient for the public convenience; and 
 
 the council may confirm or disallow the same. 
 
 Land appor- 11. When the proceedings shall be finally confirmed^ 
 
 in^ee'ot'pereon the land apportioned under the ninth section shall become 
 
 to whom allotted J jjg absolutc property in fee of the person to whom the 
 
 same shall have been allotted ; but it shall not be shut up^ 
 
 or the public excluded from the free use thereof, until 
 
 closed by order of council under the law in reference to. 
 
 the closing of old roads. 
 
 raniages a coun- J g. The damages appraised and expenses incurred shall 
 
 chiuige. form a county or district charge, as the municipal couaqii 
 
 may direct. 
 
TITLE XII.] HIGHWAYS, ETC. 327 
 
 13. In case of confirmation the proprietors of the land Chap. 4.5. 
 shall be entitled to receive compensation for fencing, on compens^ition" 
 making oath that the fence has been put up at least half '"'[f'"™'^'™''™ 
 the full width of the road from the centre thereof, as so " 
 laid out ; such oath being; in other respects conformable to 
 the provisions of this Chapter. 
 
 ' 14. Where roads have been or shall hereafter be sites of roads 
 altered or made without any demand for compensation Tu'irenderld."''^ 
 made by proprietors of land through which the new road 
 runs within one year from the opening thereof, suoh 
 acquiescence on the part of the proprietors shall be held a 
 voluntary surrender to Her Majesty forever for a public 
 highway of all the land through which the new road 
 passes to the width to which the said load was originally 
 laid out. 
 
 15. The council may order the laying out of a private Pri™te wayg, 
 way either open or pent in the same manner as above ''''"' '"''* °"'' 
 prescribed ; except that the application for such road need 
 
 not be by twenty freeholders ; and the damages in such Damnifes by 
 case, or in any case where they have been hitherto allowed "''°'" ^^"^' 
 and have not been paid by the poor district through which 
 the road runs, shall form a municipal charge, or shall be 
 borne by the applicants, as the court in confirmation 
 may order. 
 
 16. The council may direct gates to be placed on oates on private 
 private ways and make regulations respecting the placing councuf ""^"'^ "' 
 and keeping thereof; and persons guilty of a breach of 
 
 such regulations shall for every offence forfeit on summaiy Penalty, 
 conviction thereof before a justice of the peace not less 
 than one dollar nor more than eight dollars. 
 
 17. No compensation for fencing shall be made urder Fences to be 
 this Chapter until the proprietor of the land shall have rampeni«on^ 
 made oath before a justice that the fence has been put up 
 
 in a proper manner, and at least one half of the whole 
 width from the centre of the road, and encloses in whole 
 or in part some of his lands, and that the same shall not 
 be removed with his assent. 
 
 18. A public landing upon the shore of any navigable P"Wic landings, 
 water may be established or altered by the same means 
 
 and in the same way as a new road may be made or an old 
 one altered under this Chapter ; and in so far as the same 
 may be applicable, the provisions of this Chapter shall 
 extend to such landings and to roads connecting the same 
 with the Queen's highway. 
 
 19. Any public landing laid off or established under Extent of land- 
 this Chapter' may include so much land as in the opinion'"^' 
 
 of the committee may be sufficient for the purposes of such 
 landing, not to exceed in all one acre. 
 
328 expenditure of hoad and bridge grants. [part i. 
 
 Cbap. 46. • 
 
 CHAPTER 46. 
 
 OF THE EXPENDITURE OF PROVINCIAL ROAD AND BRIDGE 
 
 GRANTS. 
 
 iiunictiiai eoun- 1. All the road and bridge moneys granted by the 
 ate roiS'^and" Legislature to the several municipalities shall be appropri- 
 biidge grants, j^ted and apportioned by the municipal councils, and shali 
 
 be expended in the manner hereinafter provided. 
 Modeofexpendi- 2. The council of each municipality shall in each year 
 
 ture determined ,,i iii. i ,• i i,. t . • 
 
 by municipal at the halt-yearly meeting, by resolution determine 
 resolution. whether such moneys shall be expended under the inspec- 
 tion of supervisors of roads and bridges or by Commis- 
 sioners. 
 
 Certified copy of 3. A copy of such rcsolution, certified by the warden 
 sent to Provin-and clerk of the municipality, and under the corporate seal 
 ciai Secretary, ^f ^he municipality, .shall be forwarded to the Provincial 
 
 Secretary within ten days after the passing of such 
 
 resolution. 
 
 Appointment of 4. In case the council determine that such moneys 
 supervisors. tih&l\ be expended under the in.spection of supervisors, the 
 council shall appoint such number of supervisors as they 
 may deem necessary, not exceeding one for each polling 
 district in the municipality, and where more than one shall 
 be appointed the council shall define the district allotted 
 to each. 
 
 Supervisors to 5. The Supervisor shall lay out such moneys in such 
 moneys. p|g^(,gg g^jj^j Jq^- gy^h purposes, in repairing the roads and 
 bridges within the municipality, as the council .shall direct 
 and where the council shall appropriate the same. 
 
 Supervisor to 6. Every supervisor shall at each regular meeting of 
 
 '^'"" ' the council make a report in writing upon the condition of 
 
 the roads and bridges within his district, and advise what 
 
 appropriation will in his judgment be necessary for their 
 
 repair and maintenance. 
 
 Appointment of 7. In case the council determine, as provided in the 
 commissioners, gecond Section of this Chapter, that the road and bridge 
 moneys shall be expended by commissioners, the warden 
 shall from time to time, on the recommendation of the 
 councillors of the respective polling districts, appoint 
 commissioners for superintending the expenditure of such 
 moneys, and on like recommendation may remove them 
 and appoint others in their places. In districts having 
 three councillors, the recommendation of a majority shall 
 prevail. If a majority cannot agree, the warden shall have 
 
TITLE XII.] EXPENDITURE OF EOAD AND BRIDGE GRANTS. S29 
 
 power to appoint commissioners without such recommen- Chap. 46. 
 dation, and he shall have the same power in cases where 
 there are two councillors who cannot agree. 
 
 8. The commissioners shall lay out such moneys in commiasionera 
 such places and for such purposes as may be stated in their moneys. ""* 
 commissions, and all commissions under this Chapter shall 
 
 be issued by the clerk of. the municipality, countersigned 
 by the warden, and shall be as nearly as may be in the 
 form of schedule A to this Chapter. 
 
 9. All such moneys shall be expended by the commis- Moneys, how ex- 
 sioner or supervisor by days' work, or by tender and^™^^*^' 
 contract, or by contract after sale by public auction, as to 
 
 him may seem most advantageous. 
 
 10. The supervisor or commissioner shall render Accounts of ex- 
 accounts, under oath, as nearly as may be in the form of dered."^ 
 schedule B to this Chapter, of all expenditures made by 
 
 him in each polling district, which accounts, accompanied 
 by the original contracts and vouchers for all expenditures 
 included therein, shall be filed in the office of the treasurer 
 of the municipality, and there kept until transmitted to 
 the office of the Provincial Secretary. The oath required 
 bj- this section shall be administered by any justice of the 
 peace without fee. 
 
 11. If two justices of the peace for the district shall Appointment, 
 certify to the warden or clerk that the work upon any road gating commit- 
 or bridge has not been faithfully performed, or that any *''''• 
 contract has not been faithfully executed, the commissioner 
 
 or supervisor shall not draw the money entrusted to him 
 to expend upon such road or bridge, but the warden shall 
 thereupon appoint a committee of three councillors to 
 investigate the complaint, and if in the opinion of a 
 majority such work has not been faithfully performed, 
 then the council at its regular meeting, or at a special 
 meeting which may be called for that purpose, shall 
 inquire into the expenditure of the money upon such road 
 or bridge, the performance of the labor, and the execution 
 of the contract, when one has been entered into, notwith- 
 standing the same may have been performed to the 
 satisfaction of the commissioner or supervisor, which sum 
 only he shall receive, and in that event the commissioner 
 or supervisor shall be relieved from all further liability 
 except for the sum awarded by the council, and in case the 
 amount mentioned in the contract has been paid, the 
 commissioner or supervisor may recover the same by action, 
 as in case of debt, for the benefit of the roads and bridges 
 of the municipality. 
 
830 EXPENDITURE OF ROAD AND BRIDGE GRANTS. [PART I, 
 
 Chap. 46. 12. Where it may be necessary or expedient to procure 
 Materials for re- materials for the repairs of the roads, the supervisor or 
 pairs of roada. commissioner, if from the absence or obstinancy of the 
 owner or possessor of the soil no agreement can be made 
 ■with him, may enter with workmen, carts, carriages and 
 horses, upon any unimproved lands, and therefrom, for the 
 repair of the road, dig up and carry away, stones, clay and 
 gravel, and cut down and carry away trees, except orna- 
 mental or fruit trees, bushes, logs, poles and brushwood, in 
 a manner least prejudicial to the owners of said land, and 
 the damage done thereby shall be appraised by three 
 disinterested freeholders, nominated by the nearest justice 
 of the peace, for the purpose, and the sum appraised shall 
 be paid by the commissioner or supervisor to the owner of 
 the soil if demanded within three months after, 
 
 aud'^eMum,^ ^^- '^^^ commissioncrs or supervisors appointed under 
 
 brances, ho<r this Chapter shall examine the breadths of the roads 
 provi e asains ^j^.^jj^ ^j^g limits of their commissions, and if it shall 
 appear that any encroachment or encumbrance has been 
 made or placed upon the same shall forthwith give notice 
 to the owner or possessor of the land adjoining, that unless 
 the road be opened and cleared to its proper width, within 
 thirty days, the person who shall have caused or continued 
 the encroachment or encumbrance will be prosecuted as the 
 law directs; and the commissioners or supervisors shall 
 make an accurate return of the breadth of the roads and 
 of encumbrances thereon to the supreme court or council 
 for the municipality at its next meeting after their appoint' 
 ment, in order that such proceedings may be thereupon had 
 by the court as may be deemed proper to carry into effect 
 the laws in relation to encroachments and encumbrances on 
 the highway. 
 
 Number of labor, 14_ There shall not be employed in any one day more 
 
 ers, wages, ^u, , , fill, j. 1 j • • 
 
 than lorty laborers to work under one commissioner or 
 supervisor, and the wages of laborers shall be paid in cash 
 only. 
 
 Foreman's ap- 15. For every ten laborers daily employed by one 
 
 pomtment and . , "^ . , i *■ « '' ■» 
 
 duties. commissioner or supervisor, he may employ a foreman, who 
 
 shall work with the laborers, and take charge of those put 
 under his direction, and shall work with and superintend 
 the labourers generally in the absence of the commissioner 
 or supervisor. 
 
 Contractor when Ifi. When any contract shall cxcced eighty dollars, the 
 tpgive security, gupe^visor Or cominissioner shall receive from the contractor 
 sufficient security, to the satisfaction of a councillor of the 
 district, for the faithful performance of the work. 
 
TITLE XII.J EXPENDITURE OF ROAD AND BRIDGE GRANTS. 331 
 
 17. The council shall from time to time determine the Chap. 46. 
 remuneration to be paid to commissioners and supervisors, council to de- 
 and the amount that shall be paid per day to foremen and t"™™" "^u- 
 labourers, and for teams, horses, oxen, carts, di ivers. ploucrhs °^"""^" 
 &c., &c., &o. ^ " ' 
 
 18. The road and bridfje moneys granted by the Lewis- Roadand hrid«f6 
 lature to each municipality may be drawn from the& ^°"' 
 Provincial Treasury by the order of the treasurer of the 
 municipality, countersigned by thewarden, in such amounts 
 
 from time to time as may be found necessary, but in no 
 ease shall more than one fourth of the whole grant to any 
 municipality be drawn at any one time. 
 
 19. The treasurer of the municipality shall file in the boy"' ''*^'* 
 Provincial Secretary's ofBce a bond with sufficient sureties, ™ ' 
 
 to be approved of by the warden, for an amount equal to 
 one half the road and bridge grant for the municipality, 
 and until such bond is filed no part of the grant shall be 
 paid by the Provincial Secretary. 
 
 20. After the first instalment of the grant is drawn Detailed stat&. 
 every subsequent draft shall be accompanied by a detailed SV ^^°"' 
 statement of the expenditure of the money previously 
 
 drawn, with the vouchers therefor annexed, without which 
 no money shall be paid by the Provincial Secretary, and 
 on or before the tenth d&y of January in each year, the 
 treasurer of every municipality in the Province shall trans- 
 mit to the Provincial Secretary a full account of all moneys 
 received and disbursed by him on road and bridge account 
 for the year preceding, which shall be filed in the Provincial 
 Secretary's office, to be laid before the committee of public 
 accounts at the next session of the Legislature. 
 
 21. The treasurer shall keep all moneys drawn from Head and bridge 
 the Provincial Treasury for road and bridge service separate Ke°p°^86parate.''^ 
 and apart from any other funds of the municipality, and 
 
 shaiU ncjt pay out the same for any other purpose. 
 
 22 All payments under this Chapter shall be made by Payments, how 
 the treasurer, upon the order of. the supervisor or commis- 
 sioner, as the case may be, countersigned by a councillor of 
 the district. Such order shall be as nearly as may be in 
 the form of schedule C to this Chapter. 
 
 23. Where money is to be expended after sale at Advertisenient 
 auction, or by tender and contract, the supervisor or com- of money"in ce™ 
 missioner shall give notice thereof by advertisement *^'" °^^' 
 posted up ten days previously in at least five of the most 
 
 public places in the district. 
 
 24. Any person who removes or defaces any advertise- F*'?'^"yj'°'',.'*^^ 
 
 •."'^ ,, -ii . facing advertis^i 
 
 ment, notice or account, posted by a counciUor, supervisor mw'< *«• 
 
332 EXPENDITURE OF ROAD AND BRIDGE GRANTS. [PART t 
 
 Chap. 46. or commissioner, or other person under the provisions of 
 
 ' ^this Chapter, shall be liable to a penalty of not less than 
 
 ten nor more than eighty dollars — which penalty may be 
 
 recovered by any person suing for the same before any two 
 
 justices of the peace ; and when recovered shall belong half 
 
 to the Crown for the purpose of the municipality, and half 
 
 to the person suing for the same. 
 
 Form of con- 25. All contracts under this Chapter shall be as nearly 
 
 tract. g^g jjjg^y jjg jj^ ^J^Q form of schedule D to this Chapter. 
 
 Contractors to 26. All contractors under this Chapter shall, before 
 make oath. receiving payment for any work or any order for such pay- 
 ment, make oath to the faithful performance of the contract, 
 and such oath shall be as nearly as may be in the form of 
 schedule E to this Chapter. 
 
 ineiegibiiity in 27. It shall not be lawful for any councillor or his 
 
 certain cases. , i , ... i , , , 
 
 partner or clerk, or any one in his employment, to act as 
 superintendent or commissioner, or to be interested directly 
 or indirectly in any contract under this Chapter. 
 
 t)uty of CourcB- 28. It shall be the duty of every councillor to obtain 
 
 lors to obtain n ,-i • .. £ i • !• l ' l \. 
 
 and post copies trom the supervisor or commissioner ot his district, who 
 
 of accounts. shall be bound to furnish the same, copies of all accounts 
 
 of the expenditure of the road and bridge monej's in his 
 
 district, and such copies shall be posted in some conspicuous 
 
 public place, or if that cannot conveniently be done shall 
 
 be at all reasonable times open to the inspection of any 
 
 qualified elector of the district who wishes to examine 
 
 the same. 
 
 Council may 29. In any matter or thing not herein provided for 
 
 regulating ex- the council may make by-laws to regulate the expenditure 
 
 pen iture. ^j ^-^^ road and bridge moneys, and such by-laws, if not 
 
 inconsistent with this Chapter, or with any other law of 
 
 the Province, when approved of by the Goveinor-in- 
 
 Council shall have the force of law. 
 
 Warden maybor- 30. In caso of the dcstruction of or damage to any 
 
 row money m,,.,_, -ti i -it 
 
 certain cases to bridge alter the moneys apportioned have been expended, 
 repau n ges. ^^ j£ ^-^^ ^^^^ remaining unexpended is not sufficient to 
 meet the emergency, the warden may, if authorized by any 
 by-law of the council, borrow on the credit of the muni- 
 cipality a sum sufficient to construct or repair such bridge, 
 not to exceed the amount fixed by the by-law. The money 
 when borrowed shall be paid to the treasurer of the 
 municipality, and shall be expended under the provisions 
 of this Chapter. All sums so borrowed, with the interest 
 thereon, shall be a first charge upon the next appropriation 
 of moneys by the Legislature to the municipalitj', and 
 shall be repaid by the treasurer out of such moneys before 
 any other charges shall be paid. 
 
TITLK XTI.3 EXPENDITURE OF ROAD AND BRIDGE GRANTS. 333 
 
 Chap. 46. 
 
 A. 
 Form of Commission. 
 
 Office of the Clerk of the 
 
 Municipality of 
 
 No.- 
 
 -, 18-, 
 
 The Councillor for Polling district number in said 
 
 County having recommended your appointment as a 
 Commissioner to 
 
 [Here state the character of the work to be done.] 
 
 You are hereby authorized to expend on such service, 
 according to law, a sum not to exceed 
 
 A copy of the law respecting such expenditures is 
 hereunto annexed for your guidance. 
 
 The sum which you are hereby authorized to expend 
 will be paid by the Treasurer of the Municipality on 
 completion of the service, and presentation of returns in 
 the form prescribed by law. 
 
 A. B., C. D., 
 
 Warden. Clerk. 
 
 B. 
 
 Form of Comm,issioner s or Supervisor's Return, 
 
 CoSTRAcyr. 
 
 Names of 
 Labourers. 
 
 No. of days No. of days 
 with men. with team, 
 
 Bate per 
 da}*. 
 
 Dollars. 
 
S34 EXPfiNDlTUftE OF aOAD ANO fiRlBGE GRANTS. [i^AEt t> 
 
 Chap. 46. I, A. B., a Supervisor of Roads and Bridges for the 
 
 """'^ Municipality of , (pr, Commissioner for the 
 
 performance of the work, as the case may he), do swear 
 that the annexed {or, foregoing) account is just and true, 
 and that the money's by me expended have been fairly and 
 honestly applied for the purposes for which they were 
 appropriated; that I procured the best labor in my power 
 to procure and at the lowest rates of wages, and thai the 
 manner in which the moneys were expended by me as set 
 forth in said account respectively was, in my opinion, most 
 advantageous to the public. 
 
 C. 
 Form of Order for payment of Money. 
 Municipality of •— 
 
 District No. 
 
 18- 
 
 To the Treasurer of the Municipality : 
 
 Sir, — Please pay to bearer the sum of — dollars, 
 
 being amount of within expenditure, which amount charge 
 against the road and bridge moneys of this district. 
 
 Supervisor [or Commissioner.] 
 Countersigned, 
 
 Councillor. 
 
 D. 
 
 .Form of Contract 
 
 Municipality of 
 
 District No. 
 
 A. B., of , hereby agrees with — — of 
 
 Supervisor [or, Commissioner, as the case may be], of Roads 
 and Bridges, to perform the following work, viz. : 
 
 and complete the same in good and workmanlike manner 
 
 on or before the day of next. And the said 
 
 Supervisor hereby agrees with the said on the due 
 
 performance of his contract to the satisfaction of the 
 said Supervisor [or, Commissioner] to pay him the sum of 
 
TITLE xil] highway lasor. 3S3 
 
 ■ dollars therefor by an order on the Treasurer [or Chap. 47. 
 
 Commissioner] of the Municipality duly certified by the 
 said Supervisor. 
 
 Dated at — , this •= day of , A. D., 
 
 Contractor. 
 
 Supervisor [or, Commissioner.l 
 
 E. 
 
 Form of Contractor's Oath. 
 
 1, — , of , contractor, make oath and say that 
 
 I have duly and faithfully performed the contract within 
 mentioned. 
 
 Sworn to at , this day of , 
 
 A. D. — — , before me, 
 CD., 
 
 J. P. 
 (Contractors Signature.) 
 
 OHAPTER 47. 
 
 OF HIGHWAY LABOR, 
 
 1. The district? as now established for the perfornaance Established dis- 
 of statute labor on the highways are confirmed, and the J,ntfi\™j"*™by 
 council of each municipality may erect new districts or Municipal coun- 
 alter the limits of those now established. 
 
 2. Every male between the ages of sixteen and sixty, parties iiaWe to 
 being able to do a reasonable day's work, shall be liable to '"° ^^''' '*•""' 
 perform two days' labor as a poll tax. 
 
 3. All males whose names are included in the assess- LiaWiity tor fur- 
 ment roll, and assessed for any sum, upon real and personal 
 property, shall be liable to perform in addition, according 
 
 to the following scale : 
 
 One hundred to two hundred dollars, one day ; 
 
 Two hundred to four hundred dollars, two days ; 
 
 Four hundred to six hundred dollars, three days; 
 
 Six hundred to eight hundred dollars, four days ; 
 
 Eight hundred to one thousand dollars, five days ; 
 
 One thousand to one thousand four hundred dollars, 
 six days ; 
 
336 HIGHWAY LABOR. [PART 1. 
 
 Chap. 47. One thousand four hundred to one thousand eight 
 ' hundred dollars, seven days ; 
 
 One thousand eight hundred to two thousand two 
 hundred dollars, eight days ; 
 
 Two thousand two hundred to two thousand six hun- 
 dred dollars, nine days ; 
 
 Two thousand six hundred to three thousand dollars, 
 ten days ; 
 
 Three thousand to three thousand five hundred dollars, 
 eleven days ; 
 
 Three thousand five hundred to four thousand dollars, 
 twelve days ; 
 
 And above four thousand, at the rate of a day to every 
 
 thousand dollars. 
 
 Exemption oi 4. Males over sixty years of age and holding property 
 
 ''^°°'°'^'"'*' assessed for a sum less than one thousand dollars shall be 
 
 exempt from the performance of statute labor, but such 
 
 persons holding property asses.^ed for over one thousand 
 
 dollars, shall be liable for the performance of statute labor 
 
 in respect of such excess. 
 
 other exemp- 5. Persons holding commissions in the military or 
 
 civil department of the army, firemen and engine men, 
 
 clergymen and ordained ministers, mail couriers and 
 
 licensed ferrymen, shall be exempted from statute labor 
 
 unless they are assessed for a sum over one thousand 
 
 dollars, in which case they shall be liable in respect to their 
 
 property for the excess over that sum, but shall not be 
 
 liable to the poll tax. 
 
 Liability o! pro- 6. Property over one thousand dollars of assessed value 
 
 Ruai4i™n3*" ftn°d Ju the hauds of guardians and women shall be liable in 
 
 women. rcspcct to the excess, at the same rate of taxation as othet" 
 
 property. 
 Computation of 7. In Computing the number of days to be performed 
 '^^ * "'' under the three preceding sections, the amount shall be 
 calculated as though the amount over one thousand dollars 
 was the whole amount of the assessment, and then upon 
 the ordinary scale, beginning at one hundred dollars, as in 
 section 3. 
 Parties rcBidins 8. Persons residing on islands situate two miles or 
 oMmpt!"'^'"'"*' upwards from the main land, on which there are no public 
 highways, shall not be liable to perform statute labor in 
 respect to property situate on such islands. 
 Surveyotmayre- 9. The surveyor may require any person owning a 
 quire teams. ];jQj.ge qj. qx team or teams to send such team or teams 
 properly yoked and harnessed, with a driver or drivers and 
 a cart, to the extent of one half the labor such person is 
 required to perform, and every day's labor of such team 
 and driver shall count for two days. 
 
TITLE XII.] HIGHWAY LABOK. * 337 
 
 10. The surveyor may require the whole amount of Chap. 47, 
 statute labor imposed under this Chapter to be performed Labor to be done 
 within a period of eight days. i" ^'sht da,y» if 
 
 ^ o J required. 
 
 11. A day when mentioned in this Chapter shall be Length .t day. 
 «ight working hours. 
 
 12. The surveyors and commissioners shall cause to beTimoofpertorm- 
 summoned the persons contained in their lists to labor 0^'"^'*^™- 
 the highways, at the most seasonable time between the 
 
 first day of April and the fifteenth day of September, seed 
 time and harvest excepted, by said surveyors or commis- 
 sioners or any persons by them authorized, giving them six 
 days' personal notice of the time and place where they are to Notice. 
 be employed, and of the tools to be brought for such labor, 
 ■or by leaving such notice verbally or in writing with some 
 person of the age of discretion at the usual place of abode 
 of the party ; and at the time and place appointed the 
 -surveyors or commissioners shall attend and oversee the 
 persons so summoned to labor, in making and repairing the 
 highways and bridges in the most useful manner during the 
 number of days required by this Chapter. 
 
 13. Every person liable to perform labor under this *'>^™'«==- 
 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 shall 
 not have provided a sufficient substitute or paid the com- 
 mutation therefor as hereinafter prescribed, or shall not 
 adduce satisfactory proof of his having performed or com- 
 muted or otherwise paid for his statute labor in some other 
 district, shall on his return to his usual place of abode pay 
 fifty cents for every day's labor to which he was liable. 
 
 14. In case a highway shall become obstructed or a obstructions, 
 
 ,,TiT , "^ *' . -, jjj bow removed. 
 
 bridge broken down or carried away, or a road rendered 
 impassable by any unforseen cause, except by the falling 
 or drifting of snow, the surveyors of highwaj's or commis- 
 .sioners of streets, under the direction of two justices of the 
 peace, shall notify such persons within the district as may 
 be deemed necessaiy to attend immediately, either by 
 themselves or with their teams as may be considered 
 •advisable, to remove the obstructions or to make such 
 repairs upon the highway or bridge as may by the justices 
 be considered absolutely necessary to render the same 
 passable ; and every person so attending and laboring shall 
 be allowed for the labor by a reduction of the like number 
 of days from the labor to be by him performed under this 
 Chapter, either for that or for the subsequent year, as the 
 same may occur before or after the time limited for the 
 23 
 
338 
 
 HIGHWAY LABOR. 
 
 [PABT t. 
 
 Chap. 47. performance of highway labor in the district, in the same 
 manner and to the same extent as if the labor had been 
 performed at the usual time; and every person duly 
 notified to attend and labor under this section who shall 
 neglect to do so shall be liable to the same forfeitures as if 
 he had neglected to attend and labor at the regular time ; 
 such forfeiture for each day when paid to reckon for one 
 day's labor of such person under this Chapter. 
 
 Commutation. 15. It shall be lawful for any person liable to perform 
 
 labor hereunder to commute his labor on the payment to 
 the overseer or commissioners on or before the day appointed 
 for the performance of such labor, of fifty cents for each 
 day's labor which he is liable to perform ; and the overseer 
 or commissioners shall receive such commutation at any 
 time within three days after the day appointed for the 
 commencement of the labor ; but the overseer or commis- 
 sioners may in their discretion accept labor or the commu- 
 tation within the period last named. 
 
 Forfeiture. 16. Every person duly notified who shall not labor 
 
 agreeably to the notice, or tender the commutation therefor 
 as directed in the last section, shall forfeit sixty cents for 
 every day's labor to be by him performed. 
 
 17. No person residing upon an island whereon there 
 are any highways upon which the performance of labor 
 under this Chapter may be enforced shall be obliged to 
 work or furnish any labor hereunder upon the main land, 
 or be liable to any penalty for not so doing ; but every 
 person so residing upon an island and liable to perform 
 labor under this Chapter, shall perform the same upon 
 some highwaj' or bridge on the island ; and where the 
 island shall be connected with the main land by a cause- 
 way or bridge, such portion of the labor as may be required 
 to keep the causeway or bridge in repair or to rebuild the 
 same shall be performed thereon. 
 
 Council may lo- 18. The municipal council may grant permission or 
 
 QOtt^G work * 
 
 direct in writing persons to perform the labor on such road 
 as they shall direct. 
 
 19. The surveyor of any highway and commissioner 
 of any street, 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 municipality, in order that the same may 
 be recorded. 
 
 20. The surveyors and commissioners shall, as often as- 
 may be necessary during the winter, order all persons- 
 
 Residents on 
 
 islands. 
 
 Surveyor may 
 alter road with 
 consent of two 
 justices. 
 
 Breaking roads 
 in winter. 
 
TITLE XII.] HIGHWAY LABOR. 339 
 
 liable to do statute labor to work with their shovels, Chap. 47. 
 
 horses, oxen and sleds upon the highways, in order that " 
 
 the same may be rendered passable ; and every person so 
 liable not complying with the order shall for every omis- Forfeiture, 
 sion forfeit seventy cents ; but no person shall be obliged Proviso, 
 to furnish more than two days' labor of himself and team 
 for any one fall of snow, or work in any case when the 
 fall or drift of snow shall not exceed twelve inches in 
 depth. 
 
 21. Every surveyor and commissioner of streets shall Return of sur. 
 annually, at least 20 days before the first day of the first SonTr' °°'°" 
 meeting of council which shall happen next after the time 
 
 herein limited for the performance of highway labor, make 
 a true and faithful return in writing under his hand to the 
 clerk of the municipality of the labor performed by each 
 person, showing the commutations and fines by him received 
 and the expenditure thereof and the amount of moneys 
 then in his hands, which latter the surveyor or commis- 
 sioner shall at the same time pay over to the clerk of the 
 municipality, to be expended upon the roads under the 
 direction of the council. 
 
 22. When the owner of property liable to assessment commutation 
 for statute labor resides in another district, the labor shall wher/peraon* re- 
 be performed or the commutation paid in the district where ^"'^^• 
 
 such person resides. 
 
 23. The council shall appoint a justice of the peace or Proceedings to 
 other suitable person in each electoral district, with whom a"^ eupro . 
 copy of the assessment roll for that district shall be lodged ; 
 
 such copy to be furnished by the clerk of the municipality, 
 who shall notify the surveyors of the persons with whom 
 such roll is lodged, 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 each surveyor, and the number of days 
 which each person shall be liable to perform ; and the 
 council shall make such regulations to secure the due 
 notification of the surveyors as to it may seem proper ; 
 and two days' labor shall be remitted to the person with 
 whom the assessment roll is so lodged. 
 
 24. All moneys collected by surveyors of highways and Expenditure of 
 commissioners of streets shall be expended by tender and 
 contract, or by public auction, after three days' notice in 
 
 writing posted in at least two of the most public places in 
 the district, unless in the opinion of the surveyor or com- 
 missioner it would be more advantageous to the public 
 that such expenditure should be by day's work; and in be^Sed"'"'" 
 
340 HIGHWAY LABOR. [PAET I. 
 
 Chap. 47. cases of expenditure by day's work, the surveyor or com- 
 missioner shall make oath to his accounts in the same form 
 as in the expenditure of government road money. 
 
 Penalty on sur- 25. Each Surveyor fand commissioner who shall by 
 
 ■veyor rnefec ^^^-y^^^ ^^ miscouduct cause the loss of any statute labor, 
 . shall be liable to pay double the amount of such statute 
 
 How rccoTered labor, to be recovered as debts of that, amount are now 
 
 app le . recoverable : such amount to be proceeded for within two 
 
 years, and when recovered to be applied as follows ; one 
 
 half for the roads within the county or district, and one 
 
 half to the prosecutor. 
 
 Penalty. 26. Every surveyor or commissioner for any other 
 
 neglect of duty shall be liable to a penalty of eight dollars, 
 to be recovered and applied as in the last preceding section. 
 
 Pay of surveyors 27. The surveyor of statute labor shall retain out of 
 the moneys in his hands the sum of one dollar for each and 
 every day which he is obliged to attend on the road, over 
 and above the number of days which he is liable to perform 
 under this Chapter. 
 
 Forfeitures by 28. All fines and forfeitures incurred by minors under 
 
 covered. this Chapter may be recovered from the parents, masters, 
 
 or guardians of such minors with whom such minors reside, 
 or who have a right to receive their wages, in the manner 
 provided in the next following section. 
 
 Forfeitures, how 29. Forfeitures under this Chapter shall be sued for 
 apiSrS.^ *" and recovered by the surveyor or commissioners by their 
 name of office as surveyor of highways or commissioners 
 of streets for the place for which they have been appointed, 
 or in the individual names of them or any of them, or by 
 and in the name of any person who will sue therefor, and 
 in any case in the same manner and with the like costs as 
 if they were private debts ; and when recovered shall be 
 applied by the surveyor or commissioners to the repair of 
 the highways. 
 Form of return. 30. Retums of statutc labor shall be made in the form 
 
 in the schedule hereto annexed. 
 General inspect- 31. The council may once in each year appoint one or 
 °'^' more general inspectors of statute labor, whose salary and 
 
 duties shall be fixed by such council. 
 Blank forms, 32. Blank forms of surveyor's returns of highway 
 
 ow urms e . jg^^^j, g^jaH \,q fumished from the Provincial Secretary's 
 office, and forwarded to the clerks of the municipalities on 
 application made for that purpose. 
 
 S*'^ro3°ecutTsM' ^^' ^^ ®^^^^ ^® *^® ^^^^^ *^^ ^^^ clerk of the municipality 
 veyOT™^°"^™'"to prosecute delinquent surveyors for neglect or breach of 
 
 duty under sections twenty-five and twenty-six of this 
 
 Chapter. 
 
TITLE XII.] 
 
 HIGHWAY LABOR. 
 
 SCHEDXTXiB. 
 
 341 
 
 Chap. 47. 
 
 Municipality of 
 Return of Statute Labor for 
 
 No. , named 
 
 18—. 
 Road Districtk 
 
 Names of parties liable for statute labor- 
 
 ■=■§ 
 =1 • 
 
 1=1 
 
 !1 
 
 flS. 
 
 Commutation. 
 
 Fines 
 sollected. 
 
 Fines not 
 ooUectcd. 
 
 Dols. 
 
 CtB. 
 
 Dols. 
 
 cts. 
 
 Dols. 
 
 eta. 
 
 
 
 
 
 
 
 
 
 
 Account of expenditure of moneys collected from commu- 
 tations, fines, &c., as per foregoing return. 
 
 N.mee of laborers, ^a^' D^y"-'* ^'^/"DoIs. 
 
 Cnntracts & Materials. 
 
 ]Sr. B. — In case any portion of the labor is performed by 
 contract, the date, name of the contractor, and particulars 
 of the contract, to be set forth in the right-hand column. 
 
342 presekvation of roads. [part i. 
 
 Chap. 48. 
 
 CHAPTER 48. 
 
 OF TH PRESERVATION OF ROADS. 
 
 Fine for altera- 1. If any person shall illegally alter or encroach on a 
 croachments. pubHc highway or private road laid out and established 
 Dj law, he shall forfeit twenty dollars. 
 
 Justice may flno 2. A justicc of the peace on his own view or on the 
 roads!°"°''''""°0'',th of a witncss may impose a fine not exceeding four 
 dollars on any person who shall encumber any road or 
 bridge by placing anything thereon, to be levied by warrant 
 How levied. of distress on the offender's goods, or in case the offender 
 shall not be known, by sale of the encumbrance ; the surplus 
 if any being retained for the owner when discovered. If 
 the encumbrance shall^be continued, it shall be deemed a 
 new offence. 
 
 Side path pre- 3. The council of cach municipality may make regu- 
 
 ofTouncU. " "lations for preserving the side paths of any public highway, 
 
 except within the City of Halifax or any incorporated 
 
 town, from being injured ; and every person guilty of a 
 
 breach of the regulations shall forfeit not less than one 
 
 / nor more than ten dollars. 
 
 Fine for destroy- 4. If Bjiy pcrson shall dcstroy Or injure any trees or 
 befweerT^' rivers undcrwood growing upon the land lying between any river, 
 and highways, lake Or arm of the sea, and any public highway running 
 
 within thirty feet of the margin thereof, he shall forfeit a 
 
 sam not exceeding eight dollars. 
 
 &?*^b"T s«^. 5. If any person shall injure or destroy any trees or 
 to be injured, uudcrwood growing at any place where the bank shall not 
 be of greater width than twenty feet from the side line of 
 the road to the waters of any river, sea or harbor, or shall 
 from any place above high water mark where the bank 
 ghall not be of greater width than before mentioned unless 
 for agricultural purposes in a cultivated part thereof, carry 
 away from the bank any earth or stones, or shall take from 
 • out of the bank where not of greater width than before 
 mentioned any earth or stones near the roots of any trees 
 or underwood, whereby the trees or underwood shall be 
 injured or destroyed, he shall forfeit for every offence 
 eight dollars ; and in default of payment or goods whereon 
 to levy he shall be committeed to jail for not less than ten 
 nor more than thirty days. 
 
 Encumbrances 6. All encumbrances found on the ditches of the roads 
 
 shall be forfeited and may be disposed of by the surveyor 
 
TITLE XII.] PRESERVATION OF ROADS. 343 
 
 of highways without any legal proceedings; and the Chap. 48. 
 
 proceeds shall be applied by the surveyor to the repair of ~ 
 
 the road. 
 
 7. No person shall ride or drive any horse at full speed Disorderly driv- 
 or in a disorderly manner in the public street or highway '"^' p™°'"^' ^''■ 
 in any town or village. Persons violating this provision 
 
 shall forfeit a sum not exceeding four dollars for each 
 offence, to be recovered as directed in the sixteenth section. 
 
 8. No person shall trot or gallop any horse over a Bridges prot«ct- 
 bridge within or partly within this Province of greater ^^' 
 length than twenty-five feet. 
 
 9. Carriages on runners driven on the highway shall carriages on run- 
 have affixed to the harness two good open bells or four beul ""^^ ^' 
 good round bells, such as are commonly used in sleighs. 
 
 10. Carriages on runners used for the conveyance of ^wth of car- 
 loads on the highway shall not be less than four feet wide ners. 
 from outside to outside. 
 
 11. No load of hay or straw of greater width than width of loada 
 fourteen feet shall be drawn on any highway. ° "*'' ' 
 
 12. No unloaded sled shall have pointed stakes standing, unloaded aieda. 
 or frames or projecting pieces outside. 
 
 13. Persons in driving upon the highway 'shall leave centre of road to 
 the centre of the road on their right hand. right! 
 
 14. Persons attempting when driving to pass another Persons passing 
 carriage on the highway heading in the same direction leav^^^M on 
 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 carriages stand- 
 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, and prosecuted. 
 
 in default of payment or goods whereon to levy shall be 
 committed to jail for not more than forty-eight hours ; but 
 the prosecutions must be commenced within forty-eight 
 hours after the offence. 
 
 17. Forfeitures under this Chapter not specifically How^^ppiied and 
 appropriated shall be applied under the directions of the" 
 council to the repair of roads and bridges ; and all fines, 
 penalties and forfeitures provided by this Chapter shall be 
 imposed upon summary conviction before a justice of 
 
 the peace. 
 
344 closing roads. [paet i. 
 
 Chap. 49. 
 
 CHAPTER 49. 
 
 OF CLOSING EOADS. 
 
 oidroadsmaybe 1. Where a line of road has been altered and the old 
 cu'on petit?""; road has been abandoned by the public as a general 
 scrited*'"^ ''" 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 the 
 road, apply to the council of the municipality to shut up 
 or otherwise dispose of the same ; which petition shall be 
 accompanied by an affidavit that at least thirty days' 
 previous notice in writing of the application has been 
 given to the parties interested and posted up in two public 
 places near the road ; and the council shall hear the parties 
 applying and their witnesses, and also the parties notified, 
 if they shall desire it, and their witnesses, and shall make 
 an order either dismissing the application or granting or 
 modifying the same. Persons dissatisfied with the order 
 may appeal therefrom within ten days to the next sitting 
 of the Supreme Court ; and the clerk of the municipality 
 shall thereupon return the proceedings to the Supreme 
 Court, who shall examine them, and if deemed advisable 
 hear the parties appearing and their witnesses, and shall 
 make such order as shall seem right therein. The order of 
 the council if not appealed from, and the order of the 
 Supreme Court in case of appeal, to be conclusive. 
 
 Parties who may 2. Persons although not interested in lands adjoining 
 peal auowed.*^ Or near the road, and their witnesses, may be heard against 
 
 the closing or disposing thereof, and may appeal from the 
 
 order of the council. 
 
 Where owner of 3. If any land adjoining the road shall have been the 
 
 dead,"who to"be property of a person deceased and be not divided among 
 
 pJ^et^r.''*^ P"" his heirs, the representatives of the deceased person and 
 
 the guardian of his minor children if any, and the person 
 
 in possession of the land, shall for the purposes of this 
 
 Chapter be considered the proprietors. 
 
 New roads, how 4. New Toads may be closed in the manner provided 
 
 closed ^ 
 
 in this Chapter, and the proceedings for that object shall be 
 aa nearly as possible conformable to the provisions of 
 this Chapter. 
 
title xii.] commissioners of streets. 345. 
 
 Cha p. 50. 
 CHAPTER 50. ' 
 
 OF COMMISSIONERS OF STREETS. 
 
 1. The jurisdiction of the commissioners shall be Jurisdiction. 
 confined to the limits following, that is to say : 
 
 Foi' Maitland. 
 
 From Richard Anthony's east line to the Five Mile 
 River, and along the Kennetcook road to Rocky Brook. 
 
 For Bridgetown. 
 
 Within the bounds following, that is to say : beginning 
 at the western boundary line of the late William Ruffee, 
 one half mile to the northward of the Granville main road 
 as now situate, thence westwardly until it meets the 
 eastern boundary line of the late Henry Troop, thence 
 southwardly until it meets the Annapolis River, thence by 
 the course of the river to the western line of William 
 Ruffee, thence northwardly the course of that line to the 
 bound first mentioned. 
 
 For Annapolis Royal. 
 
 To such parts of the town as extend eastwardly to the 
 intersection of the main road to Halifax, by the old road 
 leading to the Dalhousie settlement, southwardly to the 
 General's Bridge, westwardly to Allen's Creek, and north- 
 wardly to Hog Island, including the same. 
 
 For Digby. 
 
 To all the roads and streets which are comprehended 
 within a circuit of two miles extending from the court 
 house in the Town of Digby in every direction. 
 
 For Liverpool. 
 
 To such parts thereof as extend from Fort Point by the 
 western side of Liverpool Harbor to the bridge crossing 
 the main road leading to the falls near More's tan-yard, 
 thence south-west one mile, thence south-east one mile, 
 thence north-east until it strikes the harbor of Liverpool, 
 and thence by the harbor to Fort Point. 
 
346 COMMISSIONERS OF STREETS. [PART I. 
 
 ^^^P- ^0- For Antigonish. 
 
 To the Town of Antigonish within the following limits : 
 On the Hollowell Grant Road to the west line of the land 
 of Joseph Dexter ; on the Harbor Road including landing 
 road to Angus McEachran's eastern line ; on the Saint 
 Andrew's Road to south end of bridge at McAmes' ; on 
 Glen Road to southern end of Wilkie's Bridge ; on Marshy- 
 Hope Road to T. S. Lindsay's west line ; on North Grant 
 Road to the north end of a bridge known as Laehy's 
 Bridge ; and on Church Street to H. P. Hill's south line, 
 and to include new streets opened up. 
 
 For Milton. 
 
 Beginning on the eastern side of Liverpool River at a 
 bridge called Salmon Island Bridge, thence running at 
 right angles to the river eastwardly half a mile, thence 
 northwardly parallel to the river until it comes opposite to 
 Thomas Hetherington's house, thence running one mile 
 and a quarter on a course about north forty-five degrees 
 west, in the direction of and past the house of Joseph 
 Ford, junr., including such house, thence southwardly 
 parallel to the river until it comes opposite to the residence 
 of Freeman Tupper, inclusive, thence to the river, thence 
 down the river to Salmon River Bridge. 
 
 For Port Medway. 
 
 From the Western Head to South West Cove, and 
 extendina: back from the river one mile. 
 
 & 
 
 For TusJcet Village. 
 
 From the court house in Tusket, to extend one mile in 
 every direction. 
 
 For Lunenburg. 
 
 Within such parts of the town as extend eastward to 
 the south-west angle of the garden lots nearest to the 
 town, west to the road leading to Burn's tan-yard, and 
 north to th6 bridge in the rear of the town. 
 
 For Chester. 
 To the towii plot. 
 
TITLE XII.] COMMISSIONERS OF STREETS. 347 
 
 For Guysborough. Chap. 50. 
 
 To the town plot. 
 
 For Sydney. 
 
 To the peninsula of Sydney, extending to the southward 
 a,nd eastward to Fresh Water River Creek, the old Saint 
 Peter's road, and thence in an eastwardly direction to 
 Cossitt's Mill Brook, and thence to he bounded by the brook 
 until it meets the waters of Malony's Creek. 
 
 For the North Bar. 
 
 To the North Bar in the County of Cape Breton, as laid 
 off by the municipal council. 
 
 For Sydney Mines. 
 
 To Sydney Mines in the County of Cape Breton, as set 
 off and defined by the municipal council. 
 
 For Port Hawhesbury. 
 
 To all the roads and streets which are comprehended 
 ■within a circuit of one mile extending from the Methodist 
 meeting house in the town of Port Hawkesbury, in every 
 direction. 
 
 For Port Hood. 
 
 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 Tatamagouche. 
 
 Beginning at the bridge at John Pride's, and running 
 thence westwardly along the main post road leading 
 through Tatamagouche, until it comes to the Block House 
 loridge, and to include a distance of one half mile from the 
 ■western boundary of the river. 
 
 For New Ocdedonia, 
 
 From Jacob Sturk's west line, west to William M. 
 Weatherspdon's west line, boundfed s6uth by the Annapolis 
 river, and running north half a mile from the main road. 
 
DiiBsionere. 
 
 miseioners 
 
 348 COMMISSIONERS OF STREETS. [PART I, 
 
 Chap. 50. 2. The commissioners shall appoint a clerk and receiver 
 Clerk and receiv- of moncys, and mav subdivide their districts and assign a. 
 mMivSton"'*oiP^^* to cach Commissioner. 
 
 districts. 
 
 Duties of com- 3. The Commissioners shall remove all encumbrances- 
 upon the streets, prevent encroachments thereon, make- 
 repairs, alterations, and improvements therein as required, 
 open and make new streets when authorized, make and 
 repair bridges, and cause to be observed the laws touching^ 
 the streets and bridges, or the work to be performed 
 thereon ; and especially shall call out, sue for, levy, and 
 receive from the inhabitants liable to perform highway 
 labor the moneys, services, highway work and penalties- 
 and composition therefor, due, payable or to be performed 
 by them ; and shall prosecute for offences committed 
 against the laws relating to highways, and sue persons- 
 holding moneys appropriated to the repair of the streets,, 
 or not paying any penalty appropriated thereto. 
 
 Accounts of com- 4. The Commissioners shall keep an exact account of 
 moneys received by them and services performed under 
 their direction ; and shall, under a penalty of twenty 
 dollars, annually, on or before the first day of the next 
 meeting of council after the time limited for the per- 
 formance of statute labor, render under their hands to thfr 
 clerk of the municipality, to be laid before the council, a- 
 general, regular, and fair account in writing of all moneys- 
 received and paid by them as commissioners for the past 
 year, to the end that the same may be audited and passed 
 by the council. 
 
 Furtherdutiesoi 5. The Commissioners shall from time to time cause- 
 the streets within their divisions to be cleared, repaired^ 
 raised, sunk, altered or paved as they may deem proper p 
 and may also cause to be dug and carried out of or brought 
 into the streets materials from the shores of the harbors, 
 doing as little injury as possible in any case to the pro- 
 prietors of the soil ; and may employ and pay boatmen,, 
 carts, and laborers as they may judge conducive to the- 
 accomplishing the designs of this Chapter ; and may alsO' 
 make contracts for the repairing and paving of the streets ; 
 and may compound with persons by the year for such sum 
 in advance as they may deem reasonable for the proportion 
 of highway labor or payments to which such persons may 
 be liable ; and may put up bars and fences to shut up- 
 streets while 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, water courses or channels running in 
 
 commissioners. 
 
TITLE XII.J COMMISSIONERS OF STREETS, 349 
 
 or through the streets to be altered as they shall think Chap. 50. 
 proper. 
 
 6. Persons residing within the foregoing limits respec- Fine for negiect- 
 tively shall keep the gutters and streets before the houses, te?8'°andTtrl^ta 
 buildings or land inhabited or occupied by them f ree iSii,s°deaS' '"'"" 
 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. 
 
 7. Persons by leave of the commissioners may place in persons building 
 the streets materials for building, not to include ships, and St8°'fo7 ma- 
 erect posts, bars or enclosures for securing such materials,'"""'^- 
 
 and continue the same for such time as the commissioners 
 may give leave, and in manner as they shall direct, and not 
 longer or otherwise, on pain of forfeiture. 
 
 8. The commissioners may cause wells to be dug and weiia and 
 pumps to be placed therein, in the streets where they shall prOTfled!"*^ 
 judge necessary and convenient, in manner as they shall 
 direct. 
 
 9. The commissioners shall cause all things belonffinis; Nuisances and 
 
 , ,.. T. ., , -, '^ T ^ "encroachments 
 
 to any building or cellar, or to any ground or enclosure uabietoremovai. 
 thereof, which may occasion any nuisance, encroachment 
 or annoyance in any street, to be removed or altered in 
 manner approved by them or their surveyor ; or, if it can 
 be done without particular inconvenience to the public, 
 may suffer the same to remain, upon the proprietor giving 
 security that it shall not be repaired or rebuilt, and also 
 paying to the commissioners a reasonable annual ground 
 rent for the part of the street encroached on, during the 
 continuance of the encroachment. 
 
 10. Persons intending to build upon or close to the une of street, 
 
 ■ TTiin°T- P li- 1- how protected m 
 
 line of a street, shall beiore digging a loundation or begin- case of new 
 ning the building, apply to the commissioners to cause the ''"'''^'"s^- 
 line of the street to be defined and laid out, and shall 
 defray the expense of a surveyor, if necessary to employ 
 one, and shall dig the foundation and erect the building 
 within the line, avoiding any encroachment ; and if any 
 person shall erect a building upon the line of the street 
 without making such application and having the line so 
 ascertained, he shall forfeit forty dollars, and shall also 
 remove the encroachment, or otherwise the commissioners 
 
350 COMMISSIONERS OF STREETS. [PART I, 
 
 Chap. 50. may remove the same or take the steps hj law allowed in 
 
 cases of common nuisances. 
 Line settled by 11. When the commissioners shall, have proceeded to 
 Jis'^ute": return! ascertain tlie line of the street on the application of any 
 how confirmed. 'pm-gQjj about to build thereon, and he shall be dissatisfied 
 with the line pointed out by the commissioners, a judge of 
 the Supreme Court shall, upon application of either party,, 
 issue a precept to the sheriff or his deputy, to summon a. 
 jury of twelve disinterested freeholders to meet at some 
 convenient day therein mentioned to view and lay out the 
 line ; and the jury shall have an oath administered to them 
 by the sheriff or his deputy, well and truly to lay out and 
 establish the line of the street according to their best 
 judgment ; and the witnesses tendered shall be sworn by 
 the sheriff or his deputy ; and, if the jurors or either party 
 require it, a new survey of the line shall be made ; and the 
 sheriff or his deputy shall make a return forthwith under 
 the hands of himself and the jurors to the judge, who, if 
 he shall approve thereof, shall confirm the return, and the 
 same shall be filed in the ofiice of the clerk of the munici- 
 pality ; but if the judge shall not approve of the return a 
 new pi-ecept shall be issued, and further proceedings had 
 thereon in manner prescribed as to the first precept, and so 
 on until a return be confirmed ; and the judge shall direct 
 how and by whom the expenses of the proceedings shall 
 be paid, and the same shall be taxed by the judge and shall 
 not exceed forty dollars. 
 
 Soil of streets to 12. No pcrson shall break up the soil of a street with- 
 after"^pennission out first making application to the commissioners in 
 in MTiting ; fine writing, Specifying the purpose for which such breaking 
 
 for offences. . ''' -T , ' v i / • • /i • • • i ,. -^ 
 
 up IS required, and obtaining their permission therefor in 
 writing ; and the commissioners may impose such terms, 
 upon the person applying as the security of passengers- 
 shall appear to them to require ; and any person acting 
 contrary to this section or to terms imposed by the com- 
 missioners shall for every offence forfeit twenty dollars. 
 Fine for injury 13. Evcry person who shall drive any carriage or ride 
 to side path. ^y^j. ^ g-^g path. Or roll or place heavy articles over or on 
 the same to the injury or obstruction of the side path, shall 
 for every offence forfeit not less than one nor more than 
 eight dollars. 
 Bridge at Bridge- 14. The wholc of the bridge over the Annapolis river 
 charge Tf °^he at Bridgetown shall continue under the charge of the 
 commissioners there, whose duty it shall be to see to the 
 proper keeping and repair thereof; and they shall take 
 such measures for preventing injury to the bridge and for 
 bringing to punishment persons guilty of wilfully injuring; 
 the same as to them may appear expedient. 
 
 commissioners. 
 
TITLE XII.] COMMISSIONERS OF STREETS. 351 
 
 15. The municipal councils of the several municipalities Chap. 50. 
 throughout the Province are hereby authorized, from time Municipal ooun- 
 to time, as such councils shall deem proper : tahi*°ower '^"' 
 
 (1.) To set off, enlarge, restrict, alter, or define the 
 limits of any district under the supervision of commis- 
 sioners of streets ; whether such limits are or shall hereafter 
 be established by any Act of the Legislature, or by order of 
 the council. 
 
 (2.) To increase, diminish, or fix the number of such 
 commissioners for any such district. 
 
 (3.) To fix and to alter the compensation to be paid 
 or. allowed to such commissioners for their services. 
 
 16. The council shall not exercise the authority hereby ^uf* powers not 
 
 „ , . J p ■ X .T -i "^ _L t" ^'^ exercised, 
 
 conferred in respect oi any incorporated city or town, in tovma. 
 
 17. The council in setting off districts may include Bridges over 
 within their limits any bridge now or hereafter to be built viamg town- 
 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. 
 
 18. Upon being sworn to the faithful discharge of their fhTs'^'chapter 
 duty, all the provisions of this Chapter shall apply to. the to apply, 
 commissioners. 
 
 19. The commissioners shall have all the powers by p?!!?™ "f <=™- 
 law vested in the surveyors of highways ; and no surveyors 
 
 of highways shall have any powers within the jurisdiction 
 of such commissioners. 
 
 20. All fines and penalties provided by this Chapter Mo^eysandflnes^ 
 shall be imposed on summary conviction before a justice and applied. 
 
 of the peace, and all fines and penalties recovered under 
 this Chapter shall be paid over to the commissioners of 
 streets for the place where the conviction was made, for 
 the repair of the streets, or other purposes of this Chapter. 
 
 21 No action shall be commenced against the com- Notice ot action 
 
 ^j.. j-iv^ "^v/x ^ ^ 1 ,1 .•! X J. J J against commis- 
 
 missioners or persons acting under them until twenty days aioners. 
 notice in writing shall be given to one or more of the 
 commissioners, nor after six months next after the act 
 committed for which the action shall be brought; and Limiution. 
 every such action shall be laid and tried in the county 
 within which the commissioners have jurisdiction. 
 
 22. The word "commissioners," when used in thisMmUonof 
 Chapter, shall include the commissioners of streets or_ the 
 major part of them within their respective jurisdictions, 
 unless otherwise expressed or repugnant to the sense ; 
 and the word " streets " shall include highways, lanes and 
 
 DriQCGS 
 
 is. ' Nothing in this Chapter shall apply to the city of whej:e chapter 
 Halifax or any incorporated town. 
 
s52 bridges and public landings. [paet i. 
 
 Chap. 51. 
 
 CHAPTER 51. 
 
 OF BRIDGES AND PUBLIC LANDINGS. 
 
 wharres, land- 1. The municipal council shall have control of all 
 tinges"'' °undlr public wharves and public landings and o£ all drawbridges, 
 control of coun- and also of all bridges on public roads within the several 
 
 municipalities within the Province. 
 
 Council may 2. The couucil may make orders for the preservation 
 
 respecting same, and proper keeping of such bridges, wharves and landings, 
 
 and may appoint persons to superintend the same, and 
 
 who shall in such case be sworn to the faithful discharge 
 
 of their duties before a justice of the peace ; and the 
 
 council may affix penalties for the breach of any such 
 
 orders not exceeding in any one case twelve dollars, and 
 
 may also impose charges on vessels lying at, and goods 
 
 landed on such wharves or landings, and may direct the 
 
 mode of recovery and application of such penalties and 
 
 charges ; but nothing herein contained shall affect rights 
 
 conferred by any act of incorporation in relation to any 
 
 such bridge, public wharf or public landing. 
 
 Draws to be 3. The couucils are authorized to cause draws to be 
 
 "*'**'" ''"''^"' made in any of the bridges erected or to be erected over 
 
 any of the rivers in this Province ; and all such bridges so 
 
 converted into draw bridges shall be thereafter subject to 
 
 all the provisions of this Chapter; but nothing herein 
 
 contained shall authorize the placing a draw in any bridge 
 
 built under any charter or act of incorporation. 
 
 Materials for 4. Whenever it shall be necessary for any commissioner 
 
 hSw taken from appointed by the Governor-in- Council to erect, build or 
 
 pnrate lands, repair any public wharf, pier, building or other public 
 
 work, to procure materials therefor, and such materials 
 
 can be obtained on lands owned by any person, but through 
 
 the obstinacy or absence of the owner or from any other 
 
 cause no agreement can be made with him for the purchase 
 
 of such materials, the commissioner may enter upon such 
 
 lands with workmen, carts, horses and teams, and thereupon 
 
 for the purposes of such public work dig up and carry 
 
 away soil, stones and gravel, and cut down and carry away 
 
 a™S and ^^"''^®^' poles and brushwood ; and the damage done thereby 
 
 piid. shall be appraised by three disinterested freeholders, 
 
 nominated by the nearest justice of the peace not interested 
 
 in the premises, 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 treasuiy of the 
 
 county where the lands lie, for the use of the person 
 
 entitled thereto. 
 
TITLE XII.] FERRIES. 353 
 
 5. Nothing herein contained shall be construed to Chap. 52. 
 permit any such commissioner to enter on any garden or certain lands 
 yard attached to a homestead, or on any land under crop ,*<=•• exempt 
 
 J ,r li- J. 3 1 1 i> ,T J^ ' Irom section 4. 
 
 or meadow or other cultivated land, save tor the purpose 
 of passage in case of necessity ; nor to permit him to cut 
 down or take away any fruit tree or ornamental tree. 
 
 OHAPTEE 52. 
 
 OF FERRIES. 
 
 1. The council of the several municipalities may Femes estab- 
 
 , -I f t f • 11 1 • 1 1 lished and rearu- 
 
 lestablish terries over harbors, bays, rivers and creeks lated by counciu 
 ■within their municipalities, and agree with and grant 
 licenses to ferrymen on one or both sides thereof, under 
 the regulations and at the rates of ferriage by the council 
 established or to be established. 
 
 2. Ferrymen shall keep safe and good boats or vessels Duty of lerry- 
 in good repair and suitable for the ferry, and give' ready 
 attendance on the passengers according to the regulations. 
 
 3. Ferrymen not complying with the regulations, or ^n^ for neglect 
 receiving more than the established rate of ferriage, or liability! 
 neglecting to keep boats or vessels, or to give attendance 
 
 as hereinbefore directed, shall forfeit for every offence not 
 less than two dollars nor more than eight dollars ; and 
 shall be further liable to an action on thp case for damage 
 by any person sustained from the neglect. 
 
 4. When a ferry has been established and the ferryman fine tor- mter- 
 
 '^ in j_i 1 1 feringwithferry- 
 
 licensed, if any other person shall carry over the harbor, man's privUeges. 
 bay, river or creek, whereon the ferry is established, any 
 p)erson, cattle or carriage for hire, unless by consent of the 
 licensed ferryman, or on his not giving due attendance, 
 he shall for everj^ offence forfeit not less than one dollar 
 nor more than four dollars to the use of the person suing ; 
 and in default of goods whereon to levy, the person con- 
 victed shall be committed to jail for not less than five nor 
 more than ten days, to be in the execution expressed, 
 unless the amount shall be sooner paid ; but if the licensed 
 ferryman shall not give attendance pursuant to the 
 regulations, then any other person may supply his place 
 and receive pay as if licensed until another shall be 
 .appointed. 
 
 24 
 
354 RAILWAYS. [part I, 
 
 Ohap. 53. 
 
 CHAPTER 53. 
 
 OF RAILWAYS. 
 
 Application of 1. The provisions of this Chapter from section five to 
 Chapter"' °' section thirty-three both inclusive, being part first of this 
 Chapter, shall apply to every railway constructed and in 
 operation, or hereafter to be constructed, under the authority 
 of any Act passed by the Legislature of Nova Scotia, and 
 shall, so far as they are applicable to the undertaking, be 
 incorporated with the special Act, form part thereof, and 
 be construed as forming one Act, unless they are incon- 
 sistent with or are expressly varied, or excepted by the 
 special Act or other Act of the Legislatui'e of Nova Scotia, 
 
 Not _ to nullify 2. No Special Contract Or obligation of any Company Or 
 epeciai contract, contractor to Complete lines of railway now under con- 
 struction shall be nullified or vai'ied hereby, and all such 
 contracts and enactments relating thereto shall remain in 
 full force until such line is completed, and a certificate to 
 that effect is given by the Provincial Engineer, under the 
 authority of the Commissioner of Public Works and Mines. 
 All obligations of such companies or contractors in relation 
 to the operation of such lines of railway now under con- 
 struction, and all enactments respecting the same after 
 completion, shall remain in full force, and all conditions 
 and specifications shall be fully carried out, as well as the 
 provisions of this* Chapter wherein additional restrictions 
 are provided. 
 
 Sections, how ex- 3. For the purpose of excepting from incorporation 
 corporatirai? '°"with the Special Act any of the sections forming part first 
 of this Chapter, it shall be sufficient in the special Act to 
 enact that the provisions of this Chapter proposed to be 
 excepted, referring to them by the words forming the 
 headings or numbers of such section or sub-section, as the 
 case may be, respectively, shall not be incorporated with 
 such Act, and the special Act shall thereupon be construed 
 accordingly. 
 
 Application of 4. The remaining provisions of this Chapter, being part 
 Chapter. secoud, shall apply to all railways which have been or 
 
 which may hereafter be constructed under the authority 
 of any special Act passed by the Legislature of Nova 
 Scotia, and to all companies which have been or may here- 
 after be incorporated for their construction and working. 
 
TITLE XII.] RAILWAYS. 355 
 
 PART FIRST. Chap. 53. 
 
 INTEBPRBTATION. 
 
 5. (1.) The expression "the special Act," used in this "The special 
 Chapter shall be construed to mean any Act authorizing '^'"•" 
 the construction of a railway with which this Chapter is 
 incorporated. 
 
 (2.) The word "prescribed," used in this Chapter in " Prescribed." 
 •reference to any matter herein stated, shall be construed to 
 refer to such matter, as the same is prescribed or provided 
 for in the special Act ; and the sentence in which such word 
 occurs shall be construed as if, instead of the word " pre- 
 scribed," the expression " prescribed for that purpose in 
 the special Act " had been used. 
 
 (3.) The expression " the lands " shall mean the lands "The lands." 
 which by the special Act are authorized to be taken or used 
 for the purpose thereof. 
 
 (4.) The expression "the undertaking" shall mean "The undertak- 
 the railway and works, of whatever description, by the'"*^'" 
 special Act authorized to be executed. 
 
 (5.) The following words and expressions, both in this in this and the 
 Chapter and the special Act, shall have the meanings hereby ^p^°'^' ■*°'" 
 assigned to them, unless there is something in the subject 
 or context repugnant to such construction, that is to say : 
 
 (6.) The word "lands" shall include all real estate, "Lands." 
 messuages, lands, tenements and hereditaments, of any 
 tenure. 
 
 (7.) The word " lease " shall include any agreement " Lease." 
 for a lease. 
 
 (8.) The word "toll" shall include any rate or charge "Toil." 
 or other payment payabla under this Chapter or the special 
 Act for any passenger, animal, carriage, goods, merchandise, 
 matters or things conveyed on the railway. 
 
 (9.) The word " goods " shall include things of every " Goods." 
 kind that may be conveyed upon the railway, or upon 
 steam or other vessels connected therewith. 
 
 (10.) The word " county " shall include county or any "County." 
 division thereof, into separate municipalities. 
 
 (11) The word "highways" shall mean all public " Highways." 
 roads, streets, lanes, and other public ways and communi- 
 cations. 
 
 (12.) The word "sheriff" shall include under sheriff, " sheriff." 
 or other legal competent deputy ; and where any matter 
 in relation to any lands is required to be done by any 
 sheriff or clerk of the municipality, the expression " the 
 sheriff," or the expression "clerk of the municipality,', 
 shall in such case be construed to mean the sheriff or clerk 
 of the municipality of the district, county, or place where 
 
356 RAILWAYS. [part I. 
 
 Chap, 53. such lands are situate ; and if the lands in question, being 
 the property of one and the same party, be situate not 
 wholly in one district, county or place, the same expression 
 shall be construed to mean the sheriff or clerk of the 
 municipality of any such district, county, or place where 
 any part of such lands are situate. 
 
 "Justice." (13.) The word "justice" shall mean a justice of the 
 
 peace acting for the district, county, city or place where 
 the matter requiring the cognizance of a justice arises, and 
 who is not interested in the matter ; and where the matter 
 arises in respect of lands being the property of one and the 
 same party, situate not wholly in any one district, county 
 city or place, the word "justice" shall mean a justice 
 acting for the district, county, city or place where any part 
 of such lands are situate, and who is not interested in such 
 matter ; and where any matter is authorized or required to 
 
 •Two justices." be done by two justices, the expression "two justices" 
 shall be understood to mean two justices assembled and 
 acting together. 
 
 "Owner." (14.) The word " owner," where, Under the provisious 
 
 of this Chapter or the special Act, any notice is required 
 to be given to the owner of any lands, or where any Act is 
 authorized or required to be done with the consent of the 
 owner, shall be understood to mean any corporation or 
 person who, under the provisions of this Chapter, or the 
 special Act, or any Act incorporated therewith, would be 
 enabled to sell and convey lands to the company. 
 
 •■The company." (15.) The expression "the company" shall mean the 
 company or party authorized by the special Act to construct . 
 the railway. 
 
 « The railway." (16.) The expression "the railway" shall mean the 
 railway and the works by the special Act authorized to be 
 constructed. 
 
 INCOKPORATION. 
 
 Company estab- 6. Evcry Company established under any special Act 
 special Act™ " shall be a body corporate under the name declared in the 
 special Act, and shall be vested with all the powers, 
 privileges and immunities necessary to carry into effect the 
 intentions and objects of this Chapter and of the special 
 Act therefor, and which are incident to such corporation. 
 
 Company's pow- 7. The company shall have power and authority, — 
 
 To receive grants (1.) To receive, liold and take all voluntary grants and 
 of lands, &c. donations of land or other property made to it, to aid in the 
 construction, maintenance and accommodation of the rail- 
 way ; but the same shall be held and used for the purpose 
 of such grants or donations only. 
 
TITLE XII.] EAILWAYS. 357' 
 
 (2.) To purchase, hold and take of any corporation or Chap. 53. 
 person any land or other property necessary for the con-T^ purchase ' 
 struction, maintenance, accommodation and use of the rail-'™^^. *"• 
 way and also to alienate, sell or dispose of the same. 
 
 (3.) No railway company shall take possession of, use to occupy puwio 
 or occupy any lands vested in Her Majesty without thesenforooveJS: 
 consent of the Governor-in-Council ; but with such consent "'^°*- 
 any such company may take and appropriate for the use 
 of their railway and works but not alienate so much of 
 the wild lands of the Crown lying on the route of the 
 railway as have not been granted or sold, and as may be 
 necessary for such railway, as also so much of the public 
 beach, or of the land covered with the waters of any lake, 
 river, stream or canal or of their respective beds as is 
 necessary for making and completing and using their said 
 railway and works, subject however to the authority and 
 control of the parliament of Canada as regards navigation 
 and shipping. 
 
 (4.) The company shall have power and authority to to carry railway 
 make, carry or 'place the railway across or upon the lands corporaUon.^&o" 
 of any corporation or person on the line of the railway, or 
 within the distance from such line stated in the special 
 Act, although through error or other cause the name of 
 such party has not been entered in the book of reference 
 hereinafter mentioned, or although some other party has 
 been erroneously mentioned as the owner of or entitled to 
 convey or is interested in such lands. 
 
 (0.) To construct, maintain and work the railway Across and along 
 across, along, or upon any stream of water, water course, 
 canal, highway or railway which it intersects or touches ; 
 but the stream, water course, highway, canal or railway so 
 intersected or touched shall be restored by the company 
 to its former state, or to such state as not to impair its 
 usefulness. 
 
 (6.) To make, complete, alter and keep in repair th e^o complete rau- 
 
 ., ^' .,, ^ , p -ij. IJ.1 way with tracks. 
 
 railway with one or more sets 01 rails or tracks, to be 
 worked by the force and power of steam, or of the 
 atmosphere, or of animals, or by mechanical power, or by 
 any combination of them. 
 
 (7.) To erect and maintain all necessary and convenient Jo^™|°' '""''i" 
 buildings, stations, depots, wharves and fixtures, and from 
 time to time to alter, repair or enlarge the same, and to 
 purchase and acquire stationary or locomotive engines and 
 carriages, waggons, floats and other machinery necessary 
 for the accommodation and use of the passengers, freight 
 and business of the railway. 
 
 (8.) To make branch railways, if required and provided To make branch 
 by the special Act, and to manage the same, and for that ™'™y^' 
 
358- RAILWAYS. [part I.' 
 
 Chap. .53. purpose to exercise all the powers, privileges and authori- 
 
 " ties necessary therefor in as full and ample a manner as 
 
 for the railway. 
 
 To do all other (9.) To coDstruct and make all other matters and 
 
 necessary things, ^jjjjjgg necessary and convenient for the making, extending 
 and using of the railway, in pursuance of this Chapter and 
 of the special Act. 
 
 To convey per- (10.) To take transport, carry and convey persons and 
 
 goo s. gQQ(jg Qjj ^^Q railway, to regulate the time and manner in 
 
 which the same shall be transported, and the tolls and 
 
 compensation to be paid therefor, and to receive such tolls 
 
 and compensation. 
 
 To borrow (H-) To borrow from time to time, either in Canada 
 
 ' ' or elsewhere, such sums of money as may be expedient for 
 completing, maintaining or working the railway, and at a 
 rate of interest not exceeding eight per cent, per annum, 
 and to make the bonds, debentures or other securities 
 granted for the sums so borrowed, payable either in cur- 
 rency or in sterling, and at such place or places within 
 Canada, or without, as may be deemed advisable, and to 
 sell the same at such prices or discount as may be deemed 
 expedient or be necessary, and to hypothecate, mortgage or 
 pledge the lands, tolls, revenues and other properties of 
 the company for the due payment of the said sums and 
 the interest thereon, but no such debenture shall be for a 
 less sum than one hundred dollars, and in all respects such 
 debentures shall be of such a character and amount as 
 shall be fixed by Act of the Legislature. 
 
 To enter upon (12.) To enter into and upon any crown lands without 
 "^ ™'^™^' previous license therefor, or into and upon the lands of any 
 corporation or person whatsoever lying in the intended 
 route or line of the railway ; and to make surveys, exami- 
 nations or other necessary arrangements on such lands 
 necessary for fixing the site of the railway, and to set out 
 and ascertain such parts of the lands as are necessary and 
 proper for the railway. 
 
 To fell or remove (13.) To fell or remove any trees standing in any 
 woods, lands or forests where the railway passes, to the 
 distance of six rods from either side thereof. 
 
 To cross or unite (14.) To cross, intersect, join and unite the railway 
 
 ways."'^*' ™' with any other railway at any point on its route, and upon 
 the lands of such other railway, with the necessary 
 conveniences for the purposes of such connection ; and 
 the owners of both railwaj's may unite in forming such 
 intersection and grant the facilities therefor ; and in case 
 of disagreement upon the amount of compensation to be 
 made therefor, or upon the point or manner of such crossing 
 and connection, the same shall be determined by arbitrators 
 
TITLE XII.] EAILWAYS. §59 
 
 to be appointed by a judge of the Supreme Court of this Chap. 53. 
 Province. 
 
 (15.) But no railway company shall avail itself of any Govemor-in- 
 of the powers contained in the next preceding sub-section approvel"""' 
 •without application to the Governor-in-Council for approval 
 of the mode of_ crossing, union or intersection proposed ; of 
 which application notice in writing shall be given to any 
 other railway company affected, by sending the same by 
 mail or otherwise to the address of the president, super- 
 intendent, managing director, or secretary of any such 
 railway company, and when such approval has been 
 obtained it shall be lawful for either railway company, in 
 case of disagreement as to the amount to be paid for 
 compensation, to proceed for the determination of such 
 compensation as provided above. 
 
 (16.) Any railway company may construct a branch or conditions ag 
 branches not exceeding six miles in length from any terminus trandfiS'"^ 
 or station of their railway, whenever a by-law sanctioning 
 the same has been passed by the municipal council of the 
 municipality within the limits of which such proposed 
 branch is situate ; and no such branch shall, as to the 
 quality and construction of the road, be subject to any of 
 the restrictions contained in the special Act or in this 
 Chapter, nor shall anything in either of the said Acts 
 authorize the company to take for such branch any lands 
 belonging to any party without the consent of such part}"- 
 first obtained. 
 
 (17.) For the purpose of connecting any city, town. Branch imes for 
 
 .1, ' !• 1 c 1 • °. '' '. certain purpoaea. 
 
 village, manuractory or manuractories, mine or mines, or 
 any quarry or quarries of stone or slate, or any well or 
 spring, with the main line of the railway of the company, 
 or with any branch thereof,' or with any railway worked 
 or leased by the company, and for the purpose of giving 
 increased facilities to business, or for the purpose of 
 transporting the products of any such manufactory, mine, 
 quarry, well or spring, it shall be lawful for the company 
 to build, make and construct, and to work and use sidings, 
 switches or branch lines of railway, not to exceed in any 
 one case six miles in length : Provided always that the 
 company shall not proceed to locate or build any branch 
 line of more than one quarter of a mile in length under 
 this section of this Chapter, until public notice shall have 
 been given for six weeks in some newspaper published in 
 the county or counties through or in which such branch 
 line is to be made, and if no newspaper is published in 
 such county or counties then in the nearest newspaper, 
 that it is the intention of the company to apply to the 
 'Governor-in-Council to sanction the building of such branch 
 
360 RAILWAYS. [PAET I. 
 
 Chap. 53. line and to appropriate the necessary lands for that pur- 
 pose, under the compulsory powers vested in them by this 
 Chapter, or by any other Act in their behalf ; nor unless 
 the company shall, prior to the first publication of such 
 notice, have deposited in the registry office of any city, 
 county or part of a county in which the line or any part 
 thereof is to be constructed the maps and plans indicating 
 the location of the line ; nor until the company shall have 
 submitted the same to, and such maps and plans shall have 
 been approved by, the Governor-in-Council after the 
 expiration of the notice : And provided further, that the 
 order of the Governor-in-Council approving the said maps- 
 and plans shall limit the time, not exceeding two years 
 from the date of such order, within which the company 
 may construct such branch line. 
 
 For any and every such purpose each and every 
 company herein referred to shall have and may exercise 
 all the powers given them with respect to their main line, 
 by the Act incorporating the company, and the Act* 
 amending the same or relating to the company, or the Act 
 authorizing the construction of the main line ; and this 
 Chapter and any Act amending the same, and each and all 
 provisions of the said Acts which are applicable to such 
 extension, shall extend and apply to every such siding, 
 switch or branch line of railway. 
 
 Change in loca- (IS.) Any railway company desiring at any time to 
 change the location of its line of railway in any particular 
 part for the purpose of lessening a curve, reducing a 
 gradient, or otherwise benefiting such line of railway, or 
 for any other purpose of public advantage, may make such 
 change ; and all and every the clauses of this Chapter shall 
 refer as fully to the part of 'such line of railway so at 
 any time changed or proposed to be changed as to the 
 original line ; but no railway company shall have any 
 right to extend its line of railway beyond the termini 
 mentioned in the special Act. 
 
 Capital stock (19.) The Original Capital stock of any railwa}' Company 
 may e increase ^^^j ^^ increased from time to time to any amount, but 
 such increase must be sanctioned by a vote in person 
 or by proxy of at least two thirds in amount of all the 
 shareholders, at a meeting expressly called by the directors 
 for that purpose by a notice in writing to each shareholder, 
 served on him personally or properly directed to him and 
 deposited in the post office at least twentj- days previous 
 to such meeting, stating the time and place and object of 
 the meeting, and the amount of increase ; and the pro- 
 ceedings of such meeting must be entered on the minutes 
 of the proceedings, and thereupon the capital stock may 
 
TITLE XII.] RAILWAYS. 361 
 
 be increased to the amount sanctioned by such a vote : Chap. 53. 
 Provided always, that no increase of the capital stock shall 
 be made without an Act of the Legislature being first 
 obtained therefor. 
 
 (20.) Kailway companies shall have the right to estab- TeiesjaphicHnes 
 lish telegraphic lines along the whole extent of the railway Soted.^ 
 ^at such places along the line and with offices at such places 
 as shall be determined upon by the directors, and rates of 
 tariff to be from time to time approved of by the Governor- 
 in-Council, and such telegraph may be used by the public 
 generally in conformity with the rules and regulations 
 that the company may adopt. 
 
 PLANS AND SURVEYS. 
 
 8. Plans and surveys shall be made and corrected as Provisions as to 
 follows : Pi^°f ■">" ="■ 
 
 '(1.) Surveys and levels shall be taken and made of the Map and refer- 
 lands through which the railway is to pass, together with ™°° °° ' 
 a map or plan thereof, and of its course and direction, and 
 of the lands intended to be passed over and taken therefor, 
 so far as then ascertained, and also a book of reference for 
 the railway, in which shall be set forth — 
 
 (a.) A general description of the said lands ; 
 
 (b.) The names of the owners and occupiers thereof, so 
 far as they can be ascertained ; and 
 
 (c.) Everything necessary for the right understanding 
 of such map or plan, as may be required by the Governor- 
 in-Council. 
 
 (2.) The map or plan and book of reference shall be how examined 
 examined and certified by the Commissioner of Public''" °^ ^''' °' 
 Works or his deputy, and a duplicate thereof, so examined 
 and certified, shall be deposited in the office of the depart- 
 ment of public works, and the company shall be bound to 
 furnish copies of such map or plan and book of reference 
 or of such parts thereof as relate to each district or county 
 through which the railway is to pass, to be deposited in 
 the offices of the clerks of the municipalities for such 
 districts or counties respectively. 
 
 (3.) Any person may resort to such copies and makeAc^ssto^copiea 
 extracts therefrom or copies thereof as occasion requires, 
 paying to the clerks of the municipality at the rate of ten 
 cents for every hundred words. 
 
 ("4.1 Such map or plan and book of reference so certified, certified copies 
 
 V/ f^„ .„ii ,1/-^ '• I. to be evidence. 
 
 or a true copy thereof certified by the Commissioner ot 
 Public Works, or by the clerks of the municipality, shall 
 be good evidence in any court of law and elsewhere. 
 
 (5.) Any omission, misstatement or erroneous descrip- 0™=!;°"= J^ 
 tion of such lands, or of the owners or occupiers thereof, in remedied. 
 
362 EAILWAYS. [PART I. j 
 
 Chap, 53. any map or plan or book of reference, may, after giving^" 
 ten days' notice to the owners of such lands, be correcteds 
 by two justices on application made to them for that' 
 purpose ; and if it appears to them that such omission, ' 
 mis-statement or erroneous description arose from mistake, 
 the justices shall certify the same accordingly. 
 Certificate M to (6.) The Certificate shall state the particulars of any , 
 ' ' such omission, and the manner thereof, and shall be deposited 
 with the clerks of the municipality of the districts or 
 counties respectively in which such lands are situate, and 
 be kept by them, along with the other documents to which 
 they relate ; and thereupon such map or plan or book of 
 reference shall be deemed to be corrected according to such 
 certificate ; and the company may make the railway in 
 accordance with the certificate. 
 Alterations from (7.) If any alterations from the original plan or survey 
 ^gina survey, ^^^ intended to be made in the line of course of the rail- 
 way, a plan and section of such alterations as have been 
 approved of by the Governor-in-Council, on the same scale 
 and containing the same particulars as the original plan 
 and survey, shall be deposited in the same manner as the 
 original plan, and copies of or extracts from such plan and 
 section so far as they relate to the several districts or 
 counties, in or through which such alterations have been 
 authorized to be made, shall be deposited with the clerks 
 of the municipality of such districts and counties. 
 Eaiiway not to (8.) Until such Original map or plan or book of 
 map^eposTed. reference, or the plans and sections of the alterations, have 
 been so deposited, the execution of the railway, or of the 
 part thereof affected by the alterations, as the case may be, 
 shall not be proceeded with. 
 Clerks to retain (9.) The clerks of the municipality shall receive and 
 copies, . retain the copies of the original plans and surveys, and 
 copies of the plans and sections of alterations, and copies 
 and extracts thereof respectively, and shall permit all 
 persons interested to inspect any of the documents afore- 
 said, and to make copies of and extracts from the same, 
 under a penalty for each default of four dollars. 
 Certified copies (10.) The copies of the maps, plans and books of 
 goo evi ence. j,gfgj.gjj(.g^ q^ qJ ^ny alteration or correction thereof, or 
 extracts therefrom, certified by the clerk of the munici- 
 pality, shall be received in all courts of justice or elsewhere 
 as good evidence of the contents thereof, and the clerk of 
 the municipality shall give such certificate to all parties 
 interested when required. 
 Deviation of line (11.) No deviation of more than one mile from the 
 rom p n. j.^^ ^j ^j^^ railway or from the places assigned thereto in 
 the said map or plan and book of reference, or plans or 
 
TITLE XII.J RAILWAYS. 363 
 
 siections, shall be made into, through, across, under or over Chap. 53. 
 any part of the lands not shewn in such map or plan and 
 book of reference, or plans or sections, or within one mile 
 of the said line and place, save in such instances as are 
 provided for in the special Act. 
 
 (12.) The railway may be carried across or upon the Error in name on 
 lands of any person on the"line, or within the distance froraenS "' '^^''"^' 
 such line as aforesaid, although the name of such person 
 has not been entered in the book of reference through error 
 or any other cause, or though some other person is 
 -erroneously mentioned as the owner of or entitled to 
 convey, or is interested in such lands. 
 
 (13.) A map and profile of the completed railway and Map oj railway, 
 of the land taken or obtained for the use thereof, ghair''™'"^"""'- 
 within six months after the completion of the undertaking 
 be made and filed in the office of the Commissioner of 
 Public Works, and like maps of the parts thereof, located in 
 different districts and counties shall be filed in the registry 
 offices for the districts and counties in which such parts are 
 respectively situate ; and any company failing or neglecting 
 to furnish such map within the said period shall incur a 
 a penalty of two hundred dollars, and a like penalty for 
 each and every month such failure or neglect shall con- 
 tinue, recoverable in Her Majesty's name in any court of 
 -competent jurisdiction. 
 
 (14.) Every such map shall be drawn on such a scale Scaie and paper 
 and on such paper as may from time to time be designated 
 for that purpose by the Commissioner of Public Works, and 
 shall be certified and signed by the president or engineer 
 of the corporation. 
 
 LAKDS AND THEIR VALUATION. 
 
 9. (I.) The lands which mav be taken without the ,*^'hat extent of 
 consent of the proprietor thereof, shall not exceed thirty- taken. 
 tliree yards in breadth, except in places where the railway 
 is raised more than five feet higher, or cut more than five feet 
 deeper than the surface of the line, or where offsets are estab- 
 lished, or where stations, depots or fixtures are intended to 
 be erected, or goods to be delivered, and then not more than 
 two hundred and fifty yards in length by seventy-f^ve 
 yards in breadth, without the consent of the person author- 
 ized to convey such lands; and the places at which such 
 
 ■extra breadth is to be taken shall be shewn on the map or 
 plan, or plans or sections, so far as the same may be then 
 
 -ascertained, but their not being so shewn shall not prevent 
 such extra breadth from being taken, provided it be taken 
 upon the line shewn or within the distance aforesaid from 
 
 ::such line. 
 
364 RAILWAYS. [part I.- 
 
 Chap. 53. (2.) The extent of the public beach, or of the landr 
 What extent of covered with the waters of any river or lake in Canada, 
 tak^n ""^ ^^ taken for the railway, shall not exceed the quantity limited' 
 
 in the next preceding sub-section. 
 Corporations, (3.) All Corporations and persons whatever, tenants for 
 
 *mir^to°°conJ lif e, guardians, curators, executors, administrators, and all 
 P*°y- other trustees whatsoever, not only for and on behalf of 
 
 themselves, their heirs and successors, but also for and oa 
 behalf of those whom they represent, whether infants, 
 issue unborn, lunatics, idiots, femes-covert, or other 
 persons, seized, possessed of, or interested in any lands, may 
 contract, sell and convey unto the company all or any part- 
 thereof : Provided always that in all cases in which the 
 parties hereinbefore enumerated have no right in law to- 
 sell or convey the rights of property of said land, it will be 
 necessary for the said parties 'to obtain from a competent 
 judge, after due notice to parties interested, the right to 
 sell the said land ; and the said judge will give such orders 
 as may be necessary to secure the investment of the pur- 
 chase monej'' in such a manner as he will deem necessary,, 
 according to the law of the Province, to secure the interests- 
 of the owners of said land. 
 Limitation of (4.) But the powers by the next preceding sub-section 
 ^a."'""*'**"' conferred upon rectors in possession of glebe lands in the 
 Province, ecclesiastical and other corporations, trustees of 
 land for church or school purposes, or either, executors 
 appointed by wills in which they are not invested with 
 any power over the real estate of the testator, adminis- 
 trators of persons dying intestate but at their death seised 
 of real estate, shall only extend and be exercised with, 
 respect to any of such lands actually required for the use 
 and occupation of any railway company. 
 Effect of sale (5,) Any cou tract, agreement, sale, conveyance and 
 
 under preceding ^' ■' ■■ i^ii , i. i 
 
 sub-section. assurance so made under the two next preceding sub- 
 sections shall be valid and effectual in law to all intents 
 and purposes whatsoever, and shall vest in the railway 
 company receiving the same the fee-simple in the lands in 
 such deed described, freed and discharged from all trusts,, 
 restrictions and limitations whatsoever ; and the corporation 
 or person so conveying is hereby indemnified for what it- 
 or ne respectively does by virtue of or in pursuance of thi* 
 Chapter. 
 
 Disposition of (6.) The Company shall not be responsible for the 
 purchase money, (jjsposition of any purchase money for lands taken by them 
 for their purposes, if paid to the owner of the land or into^ 
 court for his benefit, as hereinafter provided. 
 Effect of con- (7.) Any Contract or agreement made by anv party 
 fore deposit. authorized by this Chapter to convey lands, and made- 
 
TITLK XII.] RAILWAYS. 365 
 
 before the deposit of the map or plan and book of. reference Chap. 53. 
 
 and before the setting out and ascertaining of the lands ' ~ 
 
 required for the railway, shall be binding at the price 
 
 agreed upon for the same lands if they are afterwards so 
 
 set out and ascertained within one year from the date of 
 
 the contract or agreement, and although such land may in 
 
 the meantime have become the property of a third party ; 
 
 and possession of the land may be taken and the agreement 
 
 and price may be dealt with as if such price had been 
 
 £xed by an award of arbitrators as hereinafter provided, 
 
 and the agreement shall be in the place of an award. 
 
 (8.) All corporations or persons who cannot in common Provisions res- 
 course of law sell or alienate any lands so set out and tlona."^ ""rpora- 
 ascertained shall agree upon a fixed annual rent as an 
 ■equivalent, and not upon a principal sum to be paid for the 
 lands ; and if the amount of the rent is not fixed by 
 voluntary agreement or compromise it shall be fixed and 
 all proceedings shall be regulated in the manner herein 
 prescribed. 
 
 (9.) For the payment of the said annual rent and Lien for payment 
 
 ^'', 11 1 i_'jji.of annual rent. 
 
 •every other annual rent agreed upon or ascertained and to 
 be paid for the purchase of any lands, or for any part of 
 the purchase money of any lands which the vendor agrees 
 to leave unpaid, the railway and the tolls thereon shall be 
 liable and chargeable in preference to all other claims and 
 demands thereon whatsoever, the deed creating such charge 
 and liability being duly registered in the registry otfice of 
 -the proper district, county, or registration division. 
 
 (10.) After one month from the deposit of the map or Application^ jo 
 plan and book of reference, and from notice thereof in at when made. 
 least one newspaper, if there be any, published in each of 
 the districts and counties through which the railway is 
 intended to pass, application may be made to the owners of 
 lands, or to parties empowered to convey lands, or interested 
 in lands which may sufier damage from the taking of 
 materials or the exercise of any of the powers granted for 
 the railway ; and thereupon agreements and contracts may 
 be made with such parties touching the said lands or the 
 -compensation to be paid for the same or for the damages, 
 or as to the mode in which such compensation shall be 
 ascertained as may seem expedient to both parties, and in 
 case of disagreement between them or any of them, then 
 all questions which arise between them shall be settled as 
 follows, that is to say : — 
 
 (11.) The deposit of a map or plan and book of «epo^^t^of^P^-. 
 reference, and the notice of such deposit, shall be deemed a erai notice. 
 general notice to all the parties of the lands which will be 
 required for the railway and works. 
 
366 RiViLWAYS. [part r. 
 
 Chap. 53. (12.) The notice served upon the party shall contain — 
 Notice to party, («•) A description of the lands to be taken, or of the 
 cental's** ""'"'PO'"'^^''^ intended to be exercised with regard to any lands, 
 describing them. 
 
 (b.) A declaration of readiness to pay some certain sum 
 or rent, as the case may be, as compensation for such lands 
 or for such damages ; and 
 
 (c.) The name of a person to be appointed as the 
 arbitrator of the company, if their offer be not accepted ; 
 and such notice shall be accompanied by the certificate of a, 
 sworn surveyor for the place in which the lands are 
 situated, disinterested in the matter, and not being the 
 arbitrator named in the notice. 
 
 That the land, if the notice relates to the taking of land, 
 shewn on the said map or plan, is required for the railway, 
 or is within the limits of deviation hereby allowed. 
 
 That he knows the land, or the amount of damage 
 likely to arise from the exercise of the powers ; and 
 
 That the sum so offered is, in his opinion, a fair 
 
 compensation for the land and for the damages aforesaid. 
 
 Proceedings ii (13-) If the Opposite party is absent from the district 
 
 unknowD!™' "' Or county in which the lands lie, or is unknown, then upon 
 
 application to a Judge of the Supreme Court, accompanied 
 
 by such certificate as aforesaid, and by an affidavit of some 
 
 officer of the company that the opposite party is so absent, 
 
 or that after diligent enquiry the party on whom the notice 
 
 ought to be served cannot be ascertained, the judge shall 
 
 order a notice as aforesaid, but without a certificate, to be 
 
 inserted three times in the course of one month in some 
 
 newspaper published in the district or county ; or if there 
 
 be no newspaper published therein, then in a newspaper 
 
 published in some adjacent district or county. 
 
 H sum not ac- (14.) If within ten days after the service of such notice, 
 
 tratonrmei*"" or within One month after the first publication thereof, 
 
 the opposite party does not notifj' to the company his 
 
 acceptance of the sum offered by them, or notify to them 
 
 the name of a person whom he appoints as arbitrator, then 
 
 the judge shall, on the application of the company, appoint 
 
 a competent person, as the case may be, to be sole arbitrator 
 
 for determining the compensation to be paid as aforesaid. 
 
 Arbitrator (15.) If the opposite party within the time aforesaid 
 
 arbitrator."^ notifies to the Company the name of his arbitrator, theQ 
 
 the two arbitrators shall jointly appoint a third, or if they 
 
 cannot agree upon a third, then the Commissioner of Public 
 
 Works shall on the application of the party or of the 
 
 company (previous notice of at least two clear days having 
 
 been given to the other party) appoint one of the official 
 
 arbitrators to be a third arbitrator. 
 
TITLE XII.] RAILWAYS. 367 
 
 (16.) The arbitrators or two of them, or the sole Chap. 53. 
 arbitrator, being sworn before some justice of the peace Arbitrators- — 
 for the district or county in which the lands lie, faithfully '^"'''"i *""^ 
 and impartially to perform the duties of their office shair™' ' 
 proceed to ascertain the said compensation in such way as 
 they or he, or a majority of them, deem best; and the 
 award of such arbitrators, or any two of them, or of the 
 sole arbitrator, shall be final and conclusive ; but no such 
 award shall be made or any official act be done by such 
 majority except at a meeting held at a time and place of 
 which the other arbitrator has had at least two clear days' 
 notice, or to which some meeting at which the third 
 arbitrator was present had been adjourned ; and no notice 
 to either of the parties shall be necessary, but each party 
 shall be held sufficiently notified through the arbitrator 
 appointed by him or on his behalf. 
 
 (17.) The arbitrators in deciding on such value or incfeaee<i yaiae 
 compensation are authorized and required to take into knds. "'"™'"*^ 
 consideration the increased value that would be given to 
 any lands or grounds through or over which the railway 
 , will pass by reason of the passage of the railway through 
 or over the same or by reason of the construction of the 
 railway, and to set off the increased value that will attach 
 to the said lands or grounds against the inconvenience, 
 loss or damage that might be suffered or sustained by 
 reason of the company taking possession of or using the 
 said lands or grounds as aforesaid. 
 
 (18.) If in any case where three arbitrators have beencosta, how paid, 
 appointed the sum awarded is not greater than that offei'ed, 
 the costs of the arbitration shall be borne by the opposite 
 party and be deducted from the compensation, but if other- 
 wise they shall be borne by the company, and in either case 
 they may if not agreed upon be taxed by the judge. 
 
 (19.) The arbitrators, or a majority of them, or the Arbitrators may 
 sole arbitrator, may examine on oath or solemn affirmation oath"'"* ^"^" 
 the parties or such witnesses as voluntarily appear before 
 them or him, and may administer such oath or affirmation. 
 
 (20.) A majority of the arbitrators at the first meeting o'lme within 
 after their appointment, or the sole arbitrator, shall fix a ^'e'^mad™'^ ""'''' 
 day on or before which the award shall be made, and if 
 the same is not made on or before such day, or some other 
 day to which the time for making it has been prolonged, 
 either by the consent of the parties or by resolution of 
 the arbitrators, then the sum offered by the company as 
 aforesaid shall be the compensation to be paid by them. 
 
 (21.) If the sole arbitrator appointed by the judge, or provisions in 
 the official arbitrator appointed by the Commissioner of ^^^otarbitrator! 
 Public Works, or any arbitrator appointed by the parties, 
 
368 EAILWAYS. [part I. 
 
 Chap. 53. or the third arbitrator appointed by the two arbitrators, 
 dies before the award has been made, or is disqualified, or 
 I'efuses or fails to act within a reasonable time, then in the 
 case of the sole arbitrator the judge, upon the application 
 of either party, and in the case of the ofiicial arbitrator, 
 the Commissioner of Public Works, upon a like application, 
 the judge or commissioner being satisfied by affidavit or 
 otherwise of such death, disqualification, refusal or failure, 
 may appoint another arbitrator in his place ; and in the 
 case of any arbitrator appointed by the parties, the company 
 and party respectively may each appoint an arbitrator in 
 the place of his arbitrator so deceased or not acting, and 
 in the case of a third arbitrator appointed by the two 
 arbitrators the provisions of the sixteenth sub-section shall 
 apply, but no recommencement or repetition of prior 
 proceedings shall be required in any case. 
 Company may (22.) Any such notice for lands as aforesaid may be 
 costs. ' ''^*'"^ desisted from, and new notice given, with regard to the 
 same or other lands, to the same or any other party ; but 
 in any such case the liability to the party first notified for 
 all damages or costs by him incurred in consequence of 
 such first notice and desistment shall subsist. 
 Personaj interest (23.) The Surveyor or other person offered or appointed 
 tlon. '^''"^' '^"as valuator or as sole arbitrator, shall not be disqualified 
 by reason that he is professionally employed by either 
 party, or that he has previously expressed an opinion as to 
 the amount of compensation, or that he is related or of kin 
 to any member of the company, provided he is not himself 
 personally interested in the amount of the compensation ; 
 and no cause of disqualification shall be urged against any 
 arbitrator appointed by the judge after his appointment, 
 but the objection must be made before the appointment, 
 and its validity or invalidity shall be summarily deter- 
 mined by the judge. 
 
 Disqualification, (24.) No causc of disqualification shall be urged against 
 when to be urged, ^^^ arbitrator appointed by the company or by the opposite 
 party after the appointment of a third arbitrator ; and the 
 • validity or invalidity of 'any cause of disqualification urged 
 against anj^ such arbitrator, before the appointment of a 
 third arbitrator, shall be summarily determined by the 
 judge, on the application of either party, after two clear 
 days' notice to the other, and if the cause is determined to 
 be valid, the appointment shall be null, and the party 
 offering the person so adjudged to be disqualified, shall be 
 held,not to have appointed an arbitrator. 
 
 ■^Jd'f "'" '°t (^^"^ ■'^^ award shall be invalidated from any want of 
 
 form,&c. form or other technical objection, if the requirements of 
 
 this Chapter have been complied with, and if the award 
 
TITLE XII.] RAILWAYS. 369 
 
 state clearly the sum awarded, and the lands or other Chap. 53. 
 property, right or thing for which such sum is to be the 
 compensation ; nor shall it be necessary that the party or 
 parties to whom the sum is to be paid be named in the 
 award. 
 
 (26.) Upon payment or legal tender of the compensa- Possession, whon 
 tion or annual rent so awarded or agreed upon to the party warrant, &o.™' 
 entitled to receive the same, or upon the payment into 
 court of the amount of such compensation in the manner 
 hereinafter mentioned, the award or agreement shall vest 
 in the company the power forthwith to take possession of 
 the lands, or to exercise the right, or to do the thing for 
 which such compensation or annual rent has been awarded 
 or agreed upon ; and if any resistance or forcible opposition 
 be made by any person to their so doing, the judge may, 
 on proof to his satisfaction of such award or agreement, 
 issue his warrant to the slieriff of the district or county, or 
 to a constable, as he may deem most suitable, to put the 
 company in possession, and to put down such resistance or 
 opposition, which the sheriif or constable, taking with him 
 sufficient assistance, shall accordingly do. 
 
 (27.) Such warrant may also be granted by any such when warrant 
 judge, without such award or agreement, on affidavit to hisl™"^.'' "'"'™' 
 satisfaction that the immediate possession of the lands or 
 of the power to do the thing mentioned in the notice is 
 necessary to carry on some part of the railway with which 
 the company are ready forthwith to proceed. 
 
 (5.) But no judge shall grant any warrant under this 
 sub-section unless ten days' pi-evious notice of the time 
 and place when and where application for its granting will 
 be made to him has been served upon the owner of the 
 land, or the party empowered to convey the land, or 
 interested in the land sought to be taken, or which may 
 suffer damage from the taking of nn3,teriais sought to be 
 taken, or the exercise of the powers sought to be exercised, 
 or the doing of the thing sought to be done by the railway 
 company; nor shall any judge grant any such warrant 
 except upon the company giving security to his satisfaction, 
 by deposit in a chartered bank indicated by him to the 
 credit of the company, and such person or party jointly, 
 of a sum larger than his estimate of the probable compen- 
 sation, and not less than double the amount mentioned in 
 the notice served under sub-section twelve of this section ; 
 and the cost of the application to and of any hearing 
 before the judge shall be borne by the railway company, 
 unless the compensation awarded shall be less than they 
 had declared their readiness to pay ; and no part of such 
 25 
 
370 RAILWAYS. [part t. 
 
 Chap. 53. deposit or of any interest thereon shall be repaid or paid 
 to such company or paid to such owner or party without 
 an order from such judge, which he shall have power to 
 make in accordance with the terms of the award. 
 Compensation, (28.) The Compensation for any lands which might be 
 
 pbee of land!* '"taken without the consent of the proprietor shall stand in 
 the stead of such lands ; and any claim to or incumbrance 
 upon the said lands or any portion thereof, shall, as 
 against the company, be converted into claim to the 
 compensation or to a like proportion thereof, and they 
 shall be responsible accordingly whenever they have paid 
 such compensation or any part thereof to a party not 
 entitled to receive the same, saving always iheir recourse 
 against such party. 
 
 CMnpensation (29.) If the Company has reason to fear any claims or 
 
 otary°in'Mrtain^"<''^'^'3''^"<^®^> o"^ ^^ any party to whom the compensation 
 cases. or anuual rent or any part thereof is payable refuses to 
 
 execute the proper conveyance and guarantee, or if the 
 party entitled to claim the same cannot be found, or is 
 unknown to the company, or if for any other reason the 
 company deems it advisable, the company may pay such 
 compensation into the office of the prothonotary of the 
 Supreme Court for the county in which the lands are 
 situated, with the interest thereon for six months, and may 
 deliver to the prothonotary of the court an authentic copy 
 of the conveyance, or of the award or agreement if there 
 be no conveyance ; and such award or agreement shall 
 thereafter be deemed to be the title of the company to the 
 land therein mentioned. 
 
 What notices to (30.) A noticc, in such form and for such time as the 
 be published, ^q^.^^ appoints, shall be inserted in some newspaper, if 
 there be any published in the district or county in which 
 the lands are situate, and at the seat of government of the 
 Province, which shall state that the title of the company, 
 that is the conveyance, agreement or award, is under this 
 Chapter, and shall call upon all persons entitled to the 
 land or to any part thereof, or representing or being the 
 husbands of any parties so entitled, to file their claims to 
 the compensation or any part thereof ; and all such claims 
 shall be received and adjudged upon by the court, and the 
 said proceedings shall forever bar all claims to the lands 
 or any part thereof, including dower, as well as all 
 mortgages or incumbrances upon the same ; and the court 
 shall make such order for the distribution, payment or 
 investment of the compensation and for the securing of 
 the rights of all parties interested as to right and justice, 
 and according to the provisions of this Chapter and the 
 special Act and to law appertain. The road, bed, tra«k. 
 
■wharves, station houses and buildings of all railway Chap. 53. 
 
 ^companies in the Province shall be exempt from local " 
 
 taxation. 
 
 (3L) The costs of the proceedings or any part thereof coats, by whom 
 ■shall be paid by the company or by any other party, as'^^'^''"^' 
 the court, may order. 
 
 (32,) If such order of distribution be obtained in less Company, when 
 than six months from the payment of the compensation iSteres" "°°'™ 
 into court, the court shall direct a proportionate part of 
 •the interest to be returned to the company, and if from 
 'any eiTor, faul* or neglect of the company it is not obtained 
 until after the six months have expired, the court shall 
 order the company to pay to the proper claimants the 
 interest for such farther period as may be right. 
 
 (33.) Whenever stone, gravel, earth, sand or water i« Power to take 
 required for the constraction or maintenance of any railway atrucSon of ro^! 
 ■or an}' part thereof, the company may, in case they cannot 
 agree with the owner of the lands on which the same are 
 situated for the purchase thereof, cause a land surveyor 
 tlulj' licensed to act as such to make a map and description 
 of the property so required, and they shall serve a copy • 
 
 thereof with their notice of arbitration as in the case of 
 acquiring the roadway ; and all the provisions of this 
 ■Chapter as to the service of the said notice of arbitration, 
 ■compensation, deeds, payment of money into court, the 
 right to sell, the right to convey, and the parties from 
 "whom lands may be taken or who may sell, shall apply to 
 the sul:yect-matter of this sub-section, and to the obtaining 
 -materials as aforesaid, and such proceedings may be had 
 by the company either for the right to the fee simple in 
 the land from which the said material shall be taken or 
 for the right to take material for any time they shall 
 think necessary ; and the notice of arbitration, in case 
 •arbitration is resorted to, shall state the interest and 
 powers required, 
 
 (34.) Whenever any gravel, stone, earth, sand or water ^.^" *» make 
 is taken as aforesaid at a distance from the line of the duits, &c. 
 railway, the company may lay down the necessary sidings, 
 •waterpipes or conduits and tracks over or through any 
 iands intervening between the railway and the lands on 
 ■which such material or water is found, whatever the 
 ■distance may be j and all the provisions of this Chapter, 
 •except such as relate to the filing of plans and publication 
 of notice, shall apply and may be used and exercised to 
 obtain the right of way from the railway to the land on 
 which such materials are situated ; and such right may be 
 •acquired for a term of years or permanently as the company 
 may think proper^ and the powers in this and the next 
 
S72 EAILWAYS. [PABT I, 
 
 Chap. 53, preceding sub-section .contained may at all times be 
 exercised and used in all respects after the railway is 
 constructed for the purpose of repairing and maintaining 
 the railway. 
 
 When whole lot (35.) Whenever for the purpose of procuring sufficient 
 advantageously, lands for Stations or gravel pits, or for constructing, 
 maintaining atid using the railway, any land may be taken 
 tinder the compulsory provisions of this sectiOTi, and by 
 purchasing the whole of any lot er parcel of land over 
 which the railway is to run, ©r of which any part may be 
 taken under the said provisions, the company can obtain 
 the same at a more reasonable price or to greater advantage 
 than by purchasing the roadway line only or only such 
 part as aforesaid, the company may purchase, hold, use or 
 enjoy the whole of such lot or parcel, and also the right 
 of way thereto if the same be separated from their railway, 
 and may sell and convey the same or an}' part thereof 
 from time to time as they may deem expedient ; but the 
 compulsory provisions of this Chapter shall not apply to 
 the taking of any portion of such lot or parcel not 
 . necessary for the purposes aforesaid. 
 
 ProcedingB when 10. Whenever any railway company subject for any 
 quired'''^" "' cause to the legislative authority of the Legislature of the 
 Nova Scotia (and whether the provisions of this Chapter 
 generally do or do not for other purposes apply to such 
 company or their railway), requires at any station or place 
 on the line of such railway more ample space for the 
 convenient accommodation of the public and of the traffic 
 on the railway than they then possess or can take without 
 the consent of the proprietors thereof, the company may 
 cause a plan to be made of the additional ground required 
 at such station or place for the purposes aforesaid, not 
 being in actual use for similar purposes by any other 
 railway company (and for the purpose of making such 
 plan shall have the powers granted to railway companies 
 for making surveys by the seventh section of this Chapter), 
 and may transmit such plan to the Commissioner of Public 
 Works, with an application (supported by affidavit) on 
 behalf of the company referring to such plan, and stating 
 that certain ground shown thereon is necessary for the 
 purposes aforesaid, and that no other ground suitable for 
 the purpose can be acquired at such place on reasonable 
 terms and vrith less injury to private rights, and requesting 
 the Commissioner to authorize the taking thereof for such 
 purposes under this Chapter, of which application ten 
 days' notice shall be given to the owner or possessor of 
 such property ; and the correctness of the plan and the 
 truth of the allegations in such application shall be certified 
 
TITLE XII.] RAILWAYS. 373 
 
 by the president or one of the directors of the company ChaP. .53. 
 and by their engineer, and such plan and statement shall 
 be made and transmitted to the Commissioner in duplicate. 
 
 11. The Commissioner of Public Works shall inquire eertifioate of 
 into the correctness of the plan and the truth of thepuwio'worka." 
 allegations of the application aforesaid, and being satisfied 
 
 thereof shall grant a certificate to that effect, and declaring 
 it to be necessary in the public interest that the ground 
 shown on such plan or any less quantity should be acquired 
 bj'^ the company ; and such certificate shall be annexed to 
 one of the duplicates of the said plan and statement, 
 and the other duplicate shall remain in the office of the 
 Commissioner, 
 
 1 2. Upon the granting of such certificate as aforesaid by Eneet ot grant- 
 the Commissioner of Public Works, and by virtue thereof, tifloate. 
 
 the company shall have power to take the ground shown 
 on the said plan as required for the purposes aforesaid, 
 without the consent of the proprietors ; and the company 
 and all corporations or parties who could not otherwise 
 convey the same to the company, shall have, with respect 
 to any such ground, all the powers granted by the sections 
 of this Chapter, headed, " Lands and their Valuation," to 
 railway companies, corporations and parties who could not 
 otherwise convey the same, with' respect to lands which 
 may be taken without the consent of the proprietors 
 thereof: and the enactments and provisions of the said 
 section, except such as refer to the map or plan and book 
 of reference therein mentioned, or as limit the extent of 
 land to be taken, shall apply and are hereby extended to 
 the ground mentioned in the said certificate of the Commis- 
 sioner of Public Works, and to all the proceedings connected 
 with or consequent upon the acquiring or taking of such 
 ground or any part thereof with or without the consent of 
 the proprietor ; and if at any time thereafter the company 
 shall not require the whole or any portion of the land 
 acquired under the sections last aforesaid, then such land 
 as is not so required shall be sold by public auction after 
 thirty days' notice thereof in a newspaper published nearest 
 to the lands. 
 
 13. Anv such certificate as aforesaid, purporting to becertmcateto be 
 
 •', ^ . . p Til 1 !• iiT 1 u 11 1, received as au- 
 
 sio^ned by the Commissioner of Public Works, shall bethentic. 
 received as authentic in all courts of law or equity, without 
 proof of such signature or oth-er evidence, unless its 
 authenticity be called in question on behalf of the crown. 
 
 14. The provisions of the four next preceding sections Appiicati^^jj 
 shall apply to every railway company heretofore or which sections, 
 may be hereafter" incorporated, and to every railway 
 faesretofffre constructed or now in course of construction or 
 
37* RAPLWATS. [part B, 
 
 Chap. S3, hereafter to be constructed, as well as to those railways: 
 "~~~ and railway companies, to which this Chapter is by its. 
 
 provisions declaned to be generally applicable., 
 
 HIGHWATSs BBHKJBS AKD' SIGNALS. 
 
 Railway not to 15. (1.) The railway shall not be carried along an^ 
 hiRhway!'* °''°"^ existing highway, bnt merely cross the same in the line of 
 the railway, unless Iteave has been obtained from the proper- 
 municipal or local authority therefor ; and no obstruction 
 of such highway with the works shall be made without/, 
 turning the highway so as to leave an open and good' 
 passage for carriages, and on completion of the works, 
 replacing the highway, under a penalty of not less than 
 forty dollars for any contravention ;: but in either ease the- 
 rail itself, provided it does not rise above nor sink below- 
 the surface of the road more than one inch, shall not be. 
 deemed an obstruction. 
 Not to rise more (2.) No part of the railway which crosses any highway 
 above Tevei. '"""without being Carried over by a bridge or under by a. 
 tunnel, shall rise above or sink below the level of the. 
 highway more than one inch, and the railway may be- 
 carried across or above any highway within the limits- 
 aforesaid.. 
 Heisrirt and space (3.) The span of the arch of any bridge erected for 
 fated"''*'' ^^^' carrying the railway over or aeross any highway shall at 
 all times be and be continued of the open and clear breadth 
 and space under such arch of not less than twenty feet„ 
 and of a height from the surface of such highway' to the- 
 centre of such arch of not less than twelve .feet, and the- 
 descent under any such bridge shall not exceed one foot in 
 twenty feeL 
 Ascentoi bridges (4.) The ascent of all bridges erected to carry any 
 highway over any railway shall not be more than one foot 
 in twenty feet increase over the natural ascent of the- 
 highway, and a good and sufficient fence shall be made on 
 each side of every bridge, which fence shall not be less than 
 four feet above the surface of the bridge. 
 Provision •Rith (5.) Every highway or other overhead bridge or other- 
 tog'bridges.'™' erection or structure over any railway to which this Chapter 
 applies, of which the lower beams or members of the- 
 superstructure are not of a sufficient height from the- 
 surface of the rails to admit of an open and clear headway 
 of at least seven feet between the top of the highest freight 
 cars then running on such railway and the bottom of such. 
 lower beams or members .shall, when the Governor-in^ 
 Council shall pass an order therefor, be reconstructed to 
 that effect, with suitable approaches thereto, if a bridge, at 
 the cost of the railway company, municipality or othec- 
 
TITLE XII.] RAILWAYS. 375 
 
 owner thereof, and shall at all times thereafter be main- Chap. 53. 
 
 tained at such height; and every such railway company, ' 
 
 before using higher freig^ht cars than those running on their 
 railway at the time of the passing of this Chapter, or of the 
 reconstruction as aforesaid of any such bridge or other 
 erection or stinacture as the case may be, shall after having 
 first obtained the consent of the municipality or of the 
 owners of such bridge or other erection or structure, raise 
 every euch bridge or other erection or structure over their 
 railway and the approaches thereto, if necessary, at the 
 cost and charges of the railway company, so as to admit as 
 aforesaid an open and clear headway of not less than seven 
 feet over the top of the highest freight ear then about to 
 be used on the railway. 
 
 (b ) And whenever a highway bridge or any other Provisions with 
 erection or structure shall hereafter be constructed over a Sses Z be 
 railway, or whenever it shall become necessary to reconstruct """g^gt^'^^^jg^' 
 any highway, bridge or other erection or structure already 
 built over a railway, or to make large repairs to the same, 
 the lower beams or members of the superstructure of any 
 such highway or overhead bridge, or of any other erection 
 or structure over any railway and the approaches thereto, 
 shall be constructed or reconstructed at the cost of the 
 railway company or of the municipality or other owner of 
 the bridge, erection or structure, as the case may be, and 
 shall at all times be maintained at a sufficient height from 
 the surface of the rails of the railway to admit of an open 
 and clear headway of not less than seven feet between the 
 top of the highest freight cars then running on the railway 
 and the lower beams or members of such bridge or other 
 erection ; and thereafter any railway company before using 
 higher freight cars than those running on their railway at 
 the time of the construction or reconstruction of or large 
 repair to such bridge or other erection or structure, shall 
 after having first obtained the consent of the municipality 
 or of the owners of such highway bridge or other erection 
 or structure, raise the said bridge or other erection or 
 structure and the approaches thereto if necessary at the 
 cost and charges of the railway company, so as to admit as 
 aforesaid an open and clear headwa}' of not less than seven 
 feet over the top of the highest freight car then about to 
 be used on the railway. 
 
 (6.) Signboards stretching across or projecting over Precautions 
 the highway crossed at a level by any railway shall be ctosms wghwa^ 
 erected and kept up at each crossing at such height as to 
 leave sixteen feet from the highway to the lower edge of 
 the signboard, and having the words "railway crossing" 
 painted on each side of the signboard in letters not less than 
 
376 EAILWATS. [part I. 
 
 Chap. 53. six inches in length ; and for any neglect to comply with 
 the requirements of this sub-section a penaltj' not exceeding 
 forty dollars shall be incurred. 
 
 Semaphore sijr- (7.) Semaphore signals or such other signals as the 
 
 nals to be erected /-^ . r^ .i T.ni j. j l 
 
 at junctions, &o. (iovernor-in-(jouncil may approve shall be erected at 
 junctions and such other places as the Governor-in-Council 
 shall direct. 
 Penalty for near- (8.) The neglect of any company to erect signals 
 elgTiais!" ^'^^°* according to the provisions of the foregoing sub-section, 
 after receiving three months' notice from the Governor-in- 
 Council, shall subject such company to a penalty of ten 
 dollars for every day during which such neglect shall 
 continue. 
 
 Gates and keep- (9.) Upon application to the council of any municipality, 
 may ''beTrdered '^fitting forth that in addition to the foregoing provisions it 
 by council. jg necessary for the security of the public that gates should 
 be placed across any such railroad where the same shall 
 cross any road on the same level therewith, and that 
 persons should be stationed at such gates to open and close 
 the same when required for the passing of the engine, the 
 council shall investigate the application and hear evidence 
 thereon, and if they shall be of opinion that the placing of 
 such gates and the stationing of such persons thereat is 
 necessary for the security of the public, shall make an order 
 accordingly with which order the proprietor shall comply ; 
 but no such order shall be made unless a summons, to be 
 issued by the clerk of the municipality, setting forth the 
 nature of the application, shall be served on the manager 
 or person having charge of the railroad or some known 
 agent of the proprietor thereof actually employed in and 
 about the railroad at least fourteen days before the first 
 day of the sitting of the council at which the investigation 
 shall take place, requiring cause to be shewn against such 
 application. 
 
 Fences, &c, to 16. (1.) Within six months after any lands have been 
 each side of rail- taken for the usc of the railwa}' the company shall, if there- 
 ™''' unto required by the proprietors of the' adjoining lands, at 
 
 their own costs and charges,erect and maintain on each side of 
 the railway, fences of the height and strength of an ordinary 
 division fence, suitable gates with proper fastenings at farm 
 crossings of the road for the use of the proprietors of the 
 lands adjoining the railwa}', and also cattle-guards at all 
 public road crossings, suitable and sufficient to prevent 
 cattle and animals from getting on the railway. 
 
 plnySdLmge (^O ^^^^^ ^^^^ fcnces and cattle-guards are duly made 
 to cattle, &c. ° the company shall be liable for all damages which may be 
 
TITLE XII.] EAILWAYS. 377 
 
 done by their trains or engines to cattle, horses or other Chap. 53. 
 animals on the railway, 
 
 (3.) After the fences or guards have been duly made when exempted 
 and while they are duly maintained no such liability shall '""" "'■™^' 
 accrue for any such damages unless negligently or wilfully 
 done. 
 
 (4.) If any person rides, leads or drives any horse or Penalty torgoins 
 any other animal or suffers any such horse or other animal Settle? &o. "^'^ 
 to enter upon such railway and within the fences and 
 guards other than the farm crossings, without the consent 
 of the company, he shall for every such offence forfeit a 
 sum not exceeding forty dollars, and shall also pay to the 
 party aggrieved all damages sustained thereby. 
 
 (5.) Whenever complaint shall be made to any justice Enforcing of pro- 
 of the peace that the provisions of this section have not sfons.'' ^™"' 
 been fully complied with, such justice shall forthwith notify 
 the agent or secretary of the railway company 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 fully carry out the 
 provisions of such section to the satisfaction of such justice, 
 then such justice may authorize any person to make all 
 such repairs and outlays as may be necessary fully to carry 
 out the provisions of such section at the expense of such 
 company, and in default of paj'ment by such company of 
 the expenses so incurred they may be sued therefor as for 
 a private debt due by such company. 
 
 (6.) No person other than those connected with orNottowaikaiong 
 employed by the railway shall walk along the track thereof, 
 except where the same is laid across or along a highway. 
 
 (7.) Each and every railway company heretofore po™' "> erect 
 
 ^',1 1.1 1 jii- 11 1 snow fences on 
 
 incorporated, or which may herearter be incorporated and adjoining lands. 
 
 subject to the jurisdiction of the Parliament of Canada, as 
 
 well as the Government of Canada with respect to all 
 
 railways constructed by or being the property or under the 
 
 control of the Dominion of Canada, shall have the right on 
 
 and after the first day of November in each year to enter 
 
 into and upon any lands of Her Majesty, or into and upon 
 
 the lands of any corporation or person whatsoever lying 
 
 along the route or line of any railway, and to erect and 
 
 maintain snow fences thereon, subject to the payment of 
 
 such land damages, if any, as may be thereafter established 
 
 in the manner provided by law with respect to such railway 
 
 to have been actually suffered ; provided always that any 
 
 snow fences so erected shall be removed on or before the 
 
 first day of April then next following. 
 
378 RAILWAYS. [part I. 
 
 Chap. 53. tolls. 
 
 Tolls to be fixed 17. (1.) Tolls shall be from time to time fixed and 
 othenriso"^ " regulated by the by-laws of the company, or by the directors, 
 if thereunto authorized by the by-laws or by the shareholders 
 at any general meeting, and may be demanded and received 
 for all passengers and goods transported upon the railway 
 or in the steam vessels to the undertaking belonging, and 
 shall be paid to such persons and at such places near to the 
 railway in such manner and under such regulations as the 
 by-laws direct. 
 
 Payments of (2.) In case of denial or neglect of payment on demand 
 to s en oroe , ^j ^^^ ^^^j^ ^^jj^ ^^ ^^^ ^^^^ thereof to such persons, the 
 
 same may be sued for and recovered in any competent 
 court, or the agents or servants of the company may seize 
 the goods for or in respect whereof such tolls ought to be 
 paid, and detain the same until the payment thereof ; and 
 in the meantime the said goods shall be at the risk of the 
 owners thereof. 
 Goods may b» (3,) If the tolls are not paid within six weeks the 
 of'toua.''*^"'*"' company may sell the whole or any part of such goods, on 
 publishing an advertisement of such sale for one week in 
 any newspaper published nearest to the station where the 
 tolls are payable, and out of the money arising from such 
 sale retain the tolls payable, and all charges and expenses 
 of such detention and sale, rendering the surplus, if any, or 
 such of the goods as remain unsold, to the person entitled 
 thereto. When such goods are perishable, this may be 
 done at once. 
 
 Unclaimed goods (4.) If any goods remain in the possession of the 
 
 may be sold. Company unclaimed for the space of twelve months, the 
 
 company may thereafter and on giving public notice thereof 
 
 by advertisement for six weeks in the Royal Gazette of the 
 
 Province, and in such other newspapers as they deem 
 
 necessary, sell such goods by public auction at a time and 
 
 place to be mentioned in such advertisement, and out of 
 
 the proceeds thereof pay such tolls and all reasonable 
 
 charges for storing, advertising and selling such goods, and 
 
 the balance of the proceeds, if any, shall be kept by the 
 
 company for a further period of three months, to be paid 
 
 over to any party entitled thereto. 
 
 paianoe, how to (5.) In default of such balance being claimed before 
 
 spose . ^^^ expiration of the period last aforesaid the same shall be 
 
 paid over to the Provincial Treasury, to be applied to the 
 
 general purposes of the Province until claimed by the 
 
 party entitled thereto. 
 
 Tolls, how raised (6.) All Or any of the tolls may by any by-law be 
 
 or reduced, reduced and again raised as often as deemed necessary for 
 
TITLE XII.] EATLWAYS. 879 
 
 the interests of the undertaking ; but the same tolls shall Chap. 53. 
 be paj'able at the same time and under the same circum- ' 
 
 stances npon all goods and by all persons, so that no undue 
 advantage, privilege or monopoly may be afforded to any 
 person or class of persons by any by-laws relating to the 
 tolls. 
 
 (7.) In all cases a fraction in the distance over which £™°g'°'Jf^ ^ '* 
 goods or passengers are transported on the railway shall be estiipated.' 
 considered as a whole mile ; and for a fraction of a ton in 
 the weight of any goods, a proportion of the tolls shall be 
 demanded and taken, according to the number of quarters 
 of a ton contained therein, and a fraction of a quarter of a 
 ton shall be deemed and considered as a whole quarter of 
 a ton. 
 
 (8.) The directors shall from time to time print and ^'p^^t*^/"!.',' "* 
 stick up or cause to be printed and stuck up in the office, 
 and in all and everj' of the places where the tolls are to be 
 collected, in some conspicuous place there, a printed board 
 or paper exhibiting all the tolls payable, and particularizing 
 the price or sum of money to be charged or taken for the 
 carriage of any matter or thing. 
 
 (9.) No tolls shall be levied or taken until approved Toils to be ap, 
 of by the Governor-in-Council, nor until after two weekly SS-^in-coundi?" 
 publications in the Royal Gazette of the by-law establish- 
 ing such tolls, and of the Order-in-Council approving 
 thereof. 
 
 ("10") Every bv-law fixing and regulating tolls shall By-laws reguiau 
 
 1 ^ ■, { ,•'.•'. 1 .1^ • /-I M n ing tolls subject 
 
 be subject to revision by the Governor^in-Council, from to revision, 
 time to time, after approval thereof ; and after an Order- 
 in-Council, reducing the tolls fixed and regulated by any 
 by-law has been twice published in the Royal Gazette, the 
 tolls mentioned in such Order-in-Council shall be substi- 
 tuted for those mentioned in the by-law, so long as the 
 Order-in-Council remains unrevoked. 
 
 (11.) No by-law of any railway company by which By^J^^o^^^^^ 
 any tolls are to be imposed or altm-ed, or bj' which any emor-in-oouncii. - 
 party other than the members, officers and servants of the 
 company are intended to be bound, shall have any force or 
 effect until the same has been approved and sanctioned by 
 the Governor-in-Council. 
 
 GENEBAl MEETINGS OF SHABEHOLDERS. 
 
 18. The shareholders may assemble together at general shareholders 
 
 ,1 ..1 iT 1 • i. i."U may hold genetat 
 
 meetings for purposes connected with or belonging to the meeting, 
 undertaking, and at any annual general meeting may elect 
 directors in the manner provided by the next succeeding 
 section. 
 
380 RAILWAYS. [part I. 
 
 OHAP. 5 J. PRESIDENT AUD DIBECTOES — THEIB ELBCTIOBT AND DUTIES. 
 
 Duties of prest- 19. (1.) A board of directors of the undertaking to 
 
 dent and direct- manage its affairs, the number whereof shall be stated in 
 
 the special Act, shall be chosen annually by a majority of 
 
 the shareholders voting at such election at a general 
 
 meeting, the time and place for which shall be appointed 
 
 by the special Act, and if such election is not held on the 
 
 day appointed, the directors shall cause such election to be 
 
 held within as short a delay as possible after the day 
 
 appointed, after giving due notice thereof. 
 
 Board of direct- (2.) No person shall be admitted to vote on such 
 
 ors to be elected, gy^ggq^gj^^ day except those who would have been entitled 
 
 Who entitled to to vote had the election been held on the day when it 
 
 ought to have been held. 
 vacanoiea, how (3.) Vacancies in the board of directors shall be filled 
 
 in the manner prescribed by the by-laws. 
 QuaUficationafor (4.) No person shall be a director unless he is a stock- 
 director, holder, owning stock absolutely in his own right, and 
 qualified to vote for directors at the election at which he is 
 chosen. 
 Calling general (5.) The method of Calling general meetings, and the 
 meetings, &c. ^jj^g ^jj^ ^]^^^ ^f ^^^ gj.g(. meeting of stockholders, for the 
 
 appointment of directors, shall be determined and settled 
 
 in the special Act. 
 Votes to be in (6 ) The number of votes to which each shareholder 
 sharM^'°" *° shall be entitled on every occasion when the votes of the 
 
 members are to be given, shall be in the proportion of the 
 
 number of shares held by him, unless otherwise provided 
 
 by the special Act. 
 
 Shareholders (7.) All shareholders, whether resident in Canada or 
 
 prox y."** ^ elsewhere, may vote by proxy, if they see fit ; Provided 
 that such proxy produce from his constituent an appoint- 
 ment in writing, in the words or to the effect following, 
 that is to say : 
 
 Form. I, of One of the share- 
 
 holders of the , do hereby appoint 
 
 of , to be my proxy, and in my absence to vote 
 
 or give my assent to any business, matter or thing relating 
 to the said undertaking, that may be mentioned or pro- 
 posed at any meeting of the shareholders of the said 
 company, or any of them, in su,ch manner as he, the said 
 thinks proper. In witness whereof, I have 
 hereunto set my hand and seal, the day of 
 
 , in the j'ear 
 
 Votes by proxy (8.) The votcs by proxy shall be as valid as if the 
 
 e v» 1 . principals had voted in person ; and every matter or thing 
 
 proposed or considered in any public meeting of the share- 
 
TJTLE XII.] RAILWAYS. 381 
 
 holders shall be determined by the majority of votes and Chap. 53. 
 proxies then present and given, and all decisions and acts " 
 
 of any such majority shall bind the company, and be 
 deemed the decisions and acts of the company. 
 
 (9.) The directors appointed at the last election, or Term of office of 
 those appointed in their stead in case of vacancy, shall '^'™°'"™' 
 remain in oflBce until the next ensuing election of directors. 
 
 (10.) In case of the death, absence or resignation ofvaoanoies, how 
 any of the directors, others may be appointed in their stead '° ''*™pp"°'*' 
 by the surviving directors ; but if such appointment be not 
 made, such death, absence or resignation shall not invali- 
 date the acts of the remaining directors. 
 
 (11.) The electors shall at their first or at some other President and 
 meeting after the election, elect one of their number to be *'™'''"" *"'■ 
 the president of the company, who shall always when 
 present, be the chairman of and preside at all meetings of 
 the directors, and shall hold his office until he ceases to be 
 a director, or until another president has been elected in 
 his stead ; and they may in like manner elect a vice- 
 president, who shall act as chairman in the absence of the 
 president. 
 
 (12.) The directors, at any meeting at which not less Quorum "of di- 
 than a quorum, to be settled by the special Act, are present, "°''"^' 
 shall be competent to use and exercise all and any of the 
 powers vested in them. 
 
 (18.) The act of a majority of a quorum of the directors Act of majority 
 present at any meetingregularly held, shall be deemed the ° " " 
 act of the directors. 
 
 (14.) No director shall have more than one vote except chairman to have 
 the chairman, who shall, in case of a division of equal ""^""^ ™'°' 
 numbers, have the casting vote. 
 
 (15.) The directors shall be subject to the examination Directors subjeet 
 and control of the shareholders at their annual meetings, and \>yZm. "' 
 and be subject to all by-laws of the company, and to the 
 orders and directions from time to time made at the annual 
 or special meetings, — such orders and directions not being 
 contrary to any express directions or provisions of this 
 Chapter or the special Act. 
 
 fie.l No person holding any office, place or employ- offlcerg, 4c., not 
 
 ^' .^ ■!.. ,!• i.i elitrible AB direct ■ 
 
 ment in or being concerned or interested in any_ contracts ore. 
 under or with the company, shall be capable of being chosen 
 a director, or of holding the office of director, nor shall any 
 person, being a director of the company, enter into, or be 
 directly or indirectly, for his own use and benefit, interested 
 in any contract with the company, not relating to the 
 purchase of land necessary for the railway, or be or become 
 a partner of any contractor with the company. 
 
382 IiAiLWAYS. [part- lb 
 
 Chap. 53. (1?.) The directors shall make by-laws for the manage- 
 By-iaw8fortnan- meiit and disposition of the stock, property, business and 
 agement of stock a^airs of the Company, not inconsistent with law, and for 
 the appointment of all officers, servants and artificers, and 
 prescribing their respective duties. 
 bireotore may (18.) The directors shall, from time to time, appoint 
 appoint officers. g^Q.T^ officers as they deem requisite, and shall take sufficient 
 security, by one or more penal bonds, or by the guarantee 
 of the Canadian Guarantee Company, or of any society 
 incorporated for like purposes, or otherwise as they may 
 ^eem expedient, from the manager and officers for the 
 time being, for the safe keeping and accounting for by 
 them respectively of the moneys raised by virtue of this 
 Chapter and the special Act, and for the faithful execution 
 of their offices, as the directors think propen 
 Vice-president to (19.) In case of the absence or illness of the president, 
 abUScT'^""'°the vice-president shall have all the rights and powers of 
 the president, and may sign all notes, bills, debentures and 
 other instruments, and perfoi'm all acts which by the 
 regulations and by-laws of the company or by the Acts 
 incorporating the company are required to be signed, 
 performed and done by the president 
 Absence of presi- (20.) The directors may at any meeting require the 
 ito-edOTminltM>ecretary to enter such absence or illness among the 
 proceedings of such meeting ; and a certificate thereof 
 signed by the secretary shall be delivered to any person or 
 persons requiring the same on payment to the treasurer of 
 one dollar, and such certificate shall be taken and considered 
 as primd facie evidence of such absence or illness at and 
 during the period in the said certificate mentioned in all 
 proceedings in courts of justice or otherwise. 
 Annual accounts (21.) The directors shall cause to be kept and annually 
 to be ren er . ^^ ^j^^ thirty-first day of December to be made up and 
 balanced a true, exact and particular account of the moneys 
 collected and received by the company or by the directors 
 or managers thereof or otherwise for the use of the 
 company, and of the charges and expenses attending the 
 erecting, making, supporting, maintaining and carrying on 
 of the undertaking, and of all other receipts and expendi- 
 tures of the company or the directors. 
 
 hbw inttde, and 20, (1.) The directors may from time to time make 
 ft er« atnotice. g^^j^ ^^yIq of money upon the respective shareholders in 
 respect of the amount of capital respectively subscribed or 
 owing by them as they deem necessary, and thirty days' 
 notice at the least shall be given of each call, and no call 
 shall exceed the prescribed amount determined in the 
 
T1T1.E XII.] SAILWaYS. 383 
 
 special Act, or be made at a less interval than two months Chap. 53. 
 
 from the previous call, nor shall a greater amount be called ' 
 
 in, in any one year than the amount prescribed in the 
 special Act. 
 
 (2.) All notices of meetings or of calls upon the ?'ot'<=«3 <>' mset-i 
 shareholders of the company shall be published weekly in iSj."""^ ^'"'' 
 the Royal Gazette, which shall be conclusive evidence of 
 the sufficiency of such notice, 
 
 (3.) Every shareholder shall be liable to pay the amount Paymentaofcaiw 
 of the call so made in respect of the shares held by 1jj^''°''*°''° •"»■'»' 
 to the persons, and at the times and places from time to 
 time appointed by the company or the directors. 
 
 (4.) If before or on the day appointed for payment any invest charge 
 shareholder does not pay the amount of the call, he shall ^^^ °° o^rdue 
 be liable to pay interest for the same at the rate of six per 
 centum per annum from the day appointed for the 
 payment thereof to the time of the actual payment. 
 
 (5.) If at the time appointed for the payment of any Amount may be 
 call any shareholder fails to pay the amount of the call, l^tJ^'""^ ^^ 
 he may be sued for the same in any court of competent 
 jurisdiction, and the same may be recovered with lawful 
 interest from the day on which the call becanie payable. 
 
 (6.) In any action or suit to recover any money due Evidence neoes' 
 upon any call, it shall not be necessary to set forth the fo7caii8. *°""°* 
 special matter, but it shall be sufficient to declare that the 
 defendant is the holder of one share or more, stating the 
 number of shares, and is indebted in the sum of money to 
 which the calls in arrear amount, in respect of one call or 
 more upon one share or more, stating the number and 
 amount of each of such calls, whereby an action hath 
 accrued to the company by virtue of the special Act. 
 
 (7.) The certificate of proprietorship of any share shall -P»'jma/«<»<«evi- 
 be admitted in all courts as priind facie evidence of the toraWp. '"^"^'^ * 
 title of any shareholder, his executors, administrators, 
 successors or assigns to the share therein specified. 
 
 (8.) But the vpant of such certificate shall not prevent p™^J,s» =■'»<><:"' 
 the holder of any share from disposing thereof. 
 
 (9.) Any person neglecting or refusing to pay a ratable Penalty tor retu- 
 share of the calls as aforesaid for the space of two months ^ '° ^"^ "* "■ 
 after the time appointed for the payment thereof, shall 
 forfeit his shares in the undertaking and all the profit and 
 benefit thereof, which forfeiture shall go to the company 
 for the benefit thereof. 
 
 (10.) No advantage shall be taken of the forfeiture Forfeiture of 
 unless the shares are declared to be forfeited at a general taken*'advanta«e 
 meeting of the company, assembled at any time after such "'• 
 forfeiture has been incurred. 
 
384 RAILWAYS. [PAET I. 
 
 Chap. 53. (11.) Every such forfeiture shall be an indemnification 
 
 Effect of forfei- to and for every shareholder so forfeiting against all actions, 
 turo of shares, gyj^jg or prosccutions whatever, commenced or prosecuted 
 for anj' breach of contract or other agreement between 
 such shareholder and the other shareholders with regard 
 to carrying on the undertaking. 
 Directors may (12.) The directors may sell, either by public auction 
 shares. "^ ''"' or private sale, and in such manner and on such terms as 
 to them may seem meet, any shares so declared to be 
 forfeited, and also any shares remaining unsubscribed for 
 in the capital stock of the company, or pledge such 
 forfeited or unsubscribed shares for the payment of loans 
 or advances made or to be made thereon, or of any sums 
 of money borrowed or advanced by or to the company. 
 Certificate of (13.) A Certificate of the treasurer of the company 
 S^videS" that the forfeiture of the shares was declared shall be 
 sufficient evidence of the fact and of their purchase by the 
 purchaser ; and such certificate with the receipt of the 
 treasurer for the price of such shares shall constitute a 
 good title to the shares, and the certificate shall be by the 
 said treasurer enregistered in the name and with the place 
 of abode and occupation of the purchaser, and shall be 
 entered in the books required to be kept by the by-laws 
 of the company ; and such purcha-ser shall thereupon be 
 deemed the holder of such shares, and shall not be bound 
 to see to the application of the purchase money, nor shall 
 his title to such shares be affected by any irregularity in 
 the proceedings in reference to such sale, and any share- 
 holder may purchase any shares so sold. 
 Interest allowed (14.) Shareholders willing to advance the amount of 
 vanc"d.°°''' "their shares or any part of the money due upon their 
 respective shares beyond the sums actually called for may 
 pay the same, and upon the principal moneys so paid in 
 advance, or so much thereof as from time to time exceeds 
 the amount of the calls then made upon the shares in 
 respect to which such advance is made, the company may 
 pay such interest at the legal rate of interest for the 
 time being as the shareholders paying such sum in advance 
 and the company agree upon ; but such interest shall not 
 be paid out of the capital subscribed. 
 
 DIVIDENDS. 
 
 Declaration of 21. (1.) At the general meetings of the shareholders 
 of the undertaking from time to time holden, a dividend 
 shall be made out of the clear profits of the undertaking, 
 unless such meetings declare otherwise. 
 
 At 80 much per (2 ) Such dividend shall be at and after the rate of 
 so much per share upon the several shares held by the 
 
TITLE XII.] RAILWAYS. 385 
 
 shareholders in the stock of the company, as such meeting Chap. 53. 
 may think fit to appoint and determine. 
 
 (3.) No dividend shall be made whereby the capital >fot to impair 
 of the company is in any degree reduced or impaired, or °''^''*'' 
 be paid out of such capital, nor shall any dividend be paid 
 in respect of any share after a day appointed for payment 
 of any call for money in respect thereof until such call 
 has been paid. 
 
 (4.) The directors may in their discretion, until the '"Merest payable 
 railway is completed and opened to the public, pay interest Sp forThares"'"^ 
 at any rate not exceeding six dollars per hundred dollars 
 per annum on all sums called up in i-espect of the shares 
 from the respective days on which the same have been 
 paid, such interest to accrue and be paid at such times and 
 places as the directors may appoint for that purpose. 
 
 (5.) No interest shall accrue to the proprietor of any No interest on 
 share upon which any call is in arrear in respect of such^''*''^^"'*™*"' 
 share or upon any other share held by the same shareholder 
 while such call remains unpaid. 
 
 SHARES AND THEIR TRANSFER. 
 
 22. (1.) Shares in the undertaking may by the shares and tueir 
 parties be sold and disposed of by instrument in writing ''^™'''^'^^' 
 to be made in duplicate, one part of which shall be 
 delivered to the directors to be filed and kept for the use 
 of the company, and any entry thereof shall be made in a 
 book to be kept for that purpose ; and no interest or 
 dividend on the shares transferred shall be paid to the 
 purchaser until such duplicate is so delivered, filed and 
 entered. 
 
 (2.) Sales shall be in the form following, varying the shareholders 
 names and descriptions of the contracting parties as the Ses^'^^"*^ 
 case may require. 
 
 I, A. B., in consideration of the sum cl , paid to Form at sale, 
 
 me by C. T>., hereby do sell and transfer to him share "' 
 
 (or shares) of the stock of the , to hold to him, 
 
 the said C. D., his heirs, executors, administrators and 
 assigns, subject to the same rules and orders, and on the 
 same conditions that I held the same immediately before 
 the execution hereof. And I, the said C. D., do hereby 
 agree to accept of the said share (or shares) subject 
 
 to the same rules, orders and conditions. 
 
 Witness our hands this day of in 
 
 the year 18 , 
 
 (3.) The stock of the company shall be deemed personal stocky deemed 
 estate, but no shares shall be transferable until all previous ^p^erty"* ''"^ 
 26 
 
386 RAILWAYS. [part I. 
 
 Chap. 53. calls thereon have been fully paid in or the said shares 
 ~ have been declared forfeited for the non-payment of calls 
 
 thereon, and no transfer of less than a whole share shall 
 be valid. 
 TranemissioD of (4.) If any share in the company be transmitted by 
 shares. ij^g death, bankruptcy, or last will, donation or testament, 
 
 or by the intestacy of any shareholder, or by any lawful 
 means other than the transfer hereinbefore mentioned, the 
 party to whom such share is transmitted shall deposit in 
 the office of the company a statement in writing signed by 
 him declaring the manner of such transmission, together 
 with a duly certified copy or probate of such will, donation 
 or testament, or sufficient extracts therefrom, and such 
 other documents or proof as may be necessary ; and without 
 such proof the party shall not be entitled to receive any 
 share of the profits of the company, nor to vote in respect 
 of any such share as the holder thereof. 
 Company not to (5.) The Company shall not be bound to see to the 
 oftraste^*™''"" s^^cution of any trust whether express, implied or con- 
 structive, to which any of the shares may be subject ; and 
 the receipt of the party in whose name any share stands 
 in the books of the company, or if it stands in the name 
 of more parties than one the receipt of one of the parties 
 named in the register of shareholders, shall fi'om time to 
 time be a sufficient discharge to the company for any 
 dividend or other sum of money payable in respect of the 
 share, notwithstanding any trust to which the share may 
 then be subject, and whether or not the company have 
 had notice of the trust, and the company shall not be 
 bound to see to the application of the money paid upon 
 such receipts. 
 Company not to (6.) The funds of the company shall not be employed 
 in the purchase oi any stock m their own or in any other 
 company. 
 
 purdiase stock. 
 
 SHARBHOLDEES. 
 
 Liabiity of Share- 23. (1.) Each shareholder shall be individually liable 
 
 holders. ^^ ^j^g creditors of the company to an amount equal to 
 
 the amount unpaid on the stock held by him for the debts 
 
 and liabilities thereof, and until the whole amount of his 
 
 stock has been paid up ; but shall not be liable to an action 
 
 therefor before an execution against the company has been 
 
 returned unsatisfied in whole or in part. 
 
 Municipalities (2.) Municipal corporations, being duly empowered so 
 
 may take stock, ^q ^q fcy fc^e laws of the province, and subject to the 
 
 limitations and restrictions by such laws prescribed, may 
 
 subscribe for any number of shares in the capital stock of 
 
 the company, and the mayor, virarden or reeve, or other 
 
 head of any such corporation holding stock to the amount 
 
TITLE XII.] RAILWAYS. 
 
 387 
 
 •of twenty thousand dollars or upwards, shall be ex officio Chap 53 
 
 -one of the directors of the company, in addition to the ^ 
 
 -number of directors authorized by the special Act. But 
 in case any such municipal corporation shall appoint some 
 person specially to the office of director in the company, 
 -such person so specially appointed shall act as director 
 •of the company ex officio, instead of the mayor, reeve or 
 w^arden, as in this sectioh provided. 
 
 (3.) A true and perfect account of the names and shareholders- 
 places of abode of the several shareholders shall be entered *""'' *° ''"''p'- 
 -in a book to be kept for that purpose. 
 
 BY-LAWS, NOTICES, BTC. 
 
 24. (1.) All by-laws, rules and orders regularly madeBy-iaws to be 
 ■shall be put into writing and signed by the chairman or S'' "^ "''"" 
 person presiding at the meeting at which they are adopted, 
 
 ■and shall be kept in the office of the company ; and a 
 printed copy of so much of them as relates to or affects any 
 party other than the members or servants of the company 
 ■shall be affixed openly in every place where tolls are to be 
 gathered, and a printed copy of so much of them as relates 
 to the safety and liability of passengers shall be openly 
 •affixed in each passenger car, and in like manner so often 
 -as any change or alteration is made to the same ; and any 
 copy of the same, or any of them, certified as correct by the 
 president or secretary, shall be evidence thereof in any 
 court. 
 
 (2.) All such by-laws, rules and orders shall beTo be afflrmed 
 •submitted from time to time to the Governor-in-Council councir'"°"° 
 for approval. 
 
 (3.) Copies of the minutes of proceedings and resolutions copiesofminutes 
 •of the shareholders of the company at any general or^™"'''"^ ^"" 
 ■special meeting, and of the minutes of proceedings and 
 resolutions of the directors at their meetings, extracted 
 from the minute-books kept by the secretary of the 
 company, and by him certified to be true copies extracted 
 from such minute-books, shall be evidence of such proceed- 
 ings and resolutions in any court. 
 
 (4) All notices given by the secretary of the company Notices by secre- 
 by order of the directors shall be deemed notices by the *'"'•'' " ' " 
 •directors and company. 
 
 WORKING or THE RAILWAY. 
 
 25. (1.) Every servant of the undertaking employed servants to wear 
 in a passenger train or at a station for passengers shall vrear '""'^^' *°- 
 upon his hat or cap a badge, which shall indicate his office, 
 
 and he shall not without such badge be entitled to demand 
 or receive from any passenger any fare or ticket, or to 
 
388 RAILWAYS. [PAET I. 
 
 Chap. 53. exercise any of the powers of his office or to interfere with 
 
 any passenger or his baggage or property. 
 Trains to start (2.) The trains shall be started and run at regular 
 atreguiar hoars. jjpyj.g ^^ Y)6 jBxed by public notice, and shall furnish 
 sufficient accommodation for the transportation of all such 
 passengers and goods as are within a reasonable time 
 previous thereto offered for transportation at the place of 
 starting and at the junctions of other railways and at usual 
 stopping-places established for receiving and discharging 
 way-passengers and goods from the trains. 
 Payment of fare (3.) Such passengers and goods shall be taken, trans- 
 on reig . pQj-ted and discharged at, from and to such places on the 
 due payment of the toll, freight or fare legally authorized 
 therefor. 
 Liability of com- (4.) The party aggrieved by any neglect or refusal in 
 ^°''' the premises shall have an action therefor against the 
 
 company, from which action the company shall not be 
 relieved by any notice, condition or declaration if the 
 damage arises from any negligence or omission of the 
 company or of its servants, 
 checijs to be (5.) Checks shall be affixed by an agent or servant to 
 affixed on parcels gYgj.y parcel of baggage having a handle, loop or fixture of 
 any kind thereupon, and a duplicate of such check shall be 
 given to the passenger delivering the same. 
 Penalty for re- (6.) If such check be refused on demand, the company 
 usmg c ec s. gj^g^jj p^y ^^ such passenger the sum of eight dollars, to be 
 recovered in a civil action ; and further, no fare or toll 
 shall be collected or received from such passenger, and if 
 he has paid his fare the same shall be refunded by the 
 conductor in charge of the train. 
 
 Position of bag- (7.) The baggage, freight, merchandise or lumber cars 
 gage cars, &c. gjjaji jjq(; ^q placed in rear of the passenger cars, and if any 
 such be so placed, the officer or agent directing or knowingly 
 suffering such arrangement, and the conductor of the train, 
 shall severally be guilty of a misdemeanor, and be punished 
 accordingly. 
 
 Locomotive fur- (8.) Every locomotivc engine shall be furnished with 
 whistieT&c. ^ ' a bell of at least thirty pounds' weight, and with a steam 
 whistle. 
 
 BeiiB.whentobe (9.) The bell shall be rung or the whistle sounded at 
 rang, &c. ^jjg distance of at least eighty rods from every place where 
 
 the railway crosses any highway, and be kept ringing or 
 be sounded at short intervals until the engine has crossed 
 such highway, under a penalty of eight dollars for every 
 neglect thereof, to be paid by the company, who shall also 
 be liable for all damages sustained by any person by reason 
 of such neglect, and one half of such penalty £ind damages 
 shall be chargeable to and collected by the company from 
 
TITLE XII.] RAILWAYS. 389 
 
 the engineer having charge of such engine and neglecting Chap. 53. 
 to sound the whistle or ring the bell as aforesaid. 
 
 (10.) Any person in charge of a locomotive engine or intox cation ot 
 
 • IT n driver or coU' 
 
 acting as the conductor of a car or train of cars, who is ductor. 
 intoxicated, shall be guilty of a misdemeanor. 
 
 (11.) Any passenger refusing to pay his fare may, by Penalty for re- 
 the conductor of the train and the servants of the company, far™^ ^^^ 
 be put out of the train, with his baggage, at any usual 
 stopping-place or near any dwelling-house, as the conductor 
 elects, the conductor first stopping the train, and using no 
 unnecessary force. 
 
 (]2.) Any person injured while on the platform of ainjnrytopassen- 
 
 ^' ■'i'- ■'j c • i.± •■li- £ gers in certain 
 
 car, or on any baggage, wood or freight car, in violation ot cases. 
 the printed regulations posted up at the time in a 
 conspicuous place inside of the passenger cars then in the 
 train, shall have no claim for the injury, provided room 
 inside of such passenger cars sufficient for the proper 
 • accommodation of the passengers was furnished at the 
 time. 
 
 (13.) No passenger shall be entitled to carry or require ^°^^^ natoe"' 
 the company to carry upon their railway, aquafortis, oil of " 
 vitriol, gunpowder, nitro-glycerine or any other goods 
 which in the judgment .of the company may be of a 
 dangerous nature, and if any person sends by the said 
 railway any such goods without at the time of so sending 
 the said goods distinctly marking their nature on the 
 ouside of the package containing the same, and otherwise 
 giving notice in writing to the station-master or other 
 servant of the company with whom the same are left, he 
 shall forfeit to the company the sura of five hundred dollars 
 for every such offence. 
 
 (14.) The company may refuse to take any package or °™?^fSed'!' 
 parcel which they suspect to contain goods of a dangerous 
 nature, or may require the same to be opened to ascertain 
 the fact. 
 
 ACTIONS FOK MDEMNITT ; AND FINES AND PENALTIES AND THEIB 
 PROSECUTION. 
 
 26. (1.) All suits for indemnity for any damage or Limitation j^_ 
 injury sustained by reason of the railway, shall be instituted ages. 
 within six months next after the time of such supposed 
 ■damage sustained, or if there be continuation of damage, 
 then within six months next after the doing or committing 
 -such damage cea=es, and not afterwards ; and the defend- 
 ants may plead this Chapter and the special Act, and the 
 provisions thereof, and the special matter in evidence at 
 -any trial to be had thereupon, and may prove that the same 
 was done in pursuance of and by the authority of this 
 •Chapter and the special Act. 
 
390 RAILWAYS. [part I, 
 
 Chap. 53. (2.) All fines and forfeitures imposed by part first of 
 
 Fines, how re- this Chapter, or the special Act, or hy any by-law, except 
 
 coTered. those for the levying and recovering of which special 
 
 provision is herein made, shall be recovered in a summary 
 
 manner before any one or more justice or justices of the 
 
 peace for the district, county or place where the act 
 
 occurred. 
 
 Contravention of (3.) The fact of any contravention of this Chapter or 
 
 meaner. of the Special Act by the company being a misdemeanor,. 
 
 and punishable accordingly, shall not exempt the company 
 
 from the forfeiture by this Chapter and the special Act of 
 
 the privileges conferred on them by the said Acts, if by th& 
 
 provisions thereof or by-law the same be forfeited by such 
 
 contravention. 
 
 GENERAL PROVISIONS. 
 
 ProviaoistocM- 27. (1.) Her Majesty's mail. Her Majesty's naval or 
 mails, &0. ' ' military forces or militia, and all artillery, ammunition,, 
 provisions or other stores for their use, and all policemen, 
 constables or others travelling on Her Majesty's service,, 
 shall at all times, when required by the Postmaster General 
 of Canada, the Commander of the Forces, or any person 
 having the superintendence and- command of any police 
 force, and with the whole resources of the company if 
 required, be carried on the railway, on such terms and 
 conditions, and under such regulations, as the Governor-in- 
 Council may make. 
 Exclusive use of (2.) The Company shall, when required so to do by the- 
 reqimed. '^^°° Govemor-in-Council or any person authorized by him, 
 place any electric telegraph, and the apparatus and opera- 
 tors they may have, at the exclusive use of the Government, 
 receiving therefor reasonable compensation for such service. 
 Government (3.) The Govemor may at any time cause a line or 
 
 be°TOn8truct™^^^°^^ °^ electric telegraph to be constructed along the line 
 of the railway for the use of the Government, and for that 
 purpose may enter upon and occupy so much of the lands 
 of the company as may be necessary for the purpose. 
 Further enact- (4.) Any further enactments which the Parliament of 
 Sent! ^^ ^*'''*' Canada may hereafter make for the carriage of the mail or 
 Her Majesty's forces, and other persons and articles as- 
 aforesaid, or the tolls therefor, or in any way respecting 
 the use of any electric telegraph or other service to be- 
 rendered to the Government, shall not be deemed an 
 infringement of the privileges intended to be conferred by 
 this Chapter or the special Act. 
 
 Tenders to be (5.) No coutractsfor works of Construction or mainte- , 
 Ss. " °°°' nance of the railway (except works of ordinary repair, or of 
 immediate necessity), except such as shall be authorized by 
 
TITLE XII.] RAILWAYS. 391 
 
 the Governor-in-Council, shall be entered into until after Chap. 53. 
 tenders for such works respectively have been invited by 
 public notice therefor, given for at least four weeks in 
 some newspaper published in the place nearest to that at 
 which the work is required to be done, but the company 
 shtill not be compelled to accept any such tender. 
 
 (6.) If the construction of the railway be not com- Existence, &c., 
 menced, and ten per cent, on the amount of the capital be ?o c3*°^'''"'° 
 not expended thereon, within three years after the 
 passing of the special Act, or if the railway is not finished 
 and put in operation in ten years from the passing of such 
 special Act, the corporate existence and powers of the 
 company shall cease. 
 
 (7.) After the opening of the railway or any part Annual aocount 
 thereof to the public, and within the first fifteen days after legislature. 
 the opening of each session of the Legislature, an account 
 shall be annually submitted to the Legislature containing 
 a detailed and particular account, attested upon oath of the 
 president, or in his absence of the vice-president, or of a 
 person empowered by the company to make such state- 
 ment, of the moneys received and. expended by the company, 
 and a classified statement of the passengers and goods 
 transported by them, with an attested copy of the last 
 annual statement. 
 
 (8.) No further provisions which the Legislature may ^°'^< ^ &<=■. of 
 
 , ^ / , . , ^ n.iii. 1 J -1 i i. account may m 
 
 hereafter make with regard to the rorm or details or such varied. 
 account, or the mode of attesting or rendering the same, 
 shall be deemed an infringement of the privileges hereby 
 granted to the company. 
 
 (9.) The Legislature may at any time annul or dissolve ^fauso'ved.""*'' 
 any corporation formed under this Chapter ; but such 
 dissolution shall not take away or impair any remedy given 
 against any such corporation, its shareholders, officers or 
 servants, for any liability which had been previously 
 incurred. 
 
 (10.) Nothing herein contained shall affect in any s^^^"jy,o«^gBfer 
 manner the rights of Her Majesty, or of any person, or of &c. 
 any body politic, corporate or collegiate, such only excepted 
 as are herein mentioned. 
 
 RAILWAY STATISTICS. 
 
 28. (1.) In this and the five next following sections Deflnuion oi 
 the term "company" means a company here tofore_ or ..company. 
 hereafter incorporated for the purpose of constructing, 
 maintaining or working a railway in the Province, or 
 connecting the Province with any other or others of the 
 Provinces by any Act of the Legislature, and includes any 
 individual or individuals not incorporated, who are owners 
 
392 RAILWAYS. [part I. 
 
 Chap. 53. or lessees of a railway in the Dominion, or parties to an 
 
 agreement for working a railway in the Dominion. 
 "Person." (2.) The term "person" includes a body corporate. 
 
 Company to fur- 29. Evcry Company shall annually prepare returns of 
 tvme.*"™"' '^^" their capital in accordance with the form contained in 
 schedule one to this Chapter, and a copy of such returns, 
 signed by the president or other head officer of the com- 
 pany resident in Canada, and by the officer of the company 
 responsible for the correctness of such return or any part 
 thereof, shall be forwarded by the company to the Commis- 
 sioner of Public Works, not later than two months after 
 the end of the calendar year, together with a cop}' of the 
 then last annual return of the traffic and working expendi- 
 ture which every such company is required to keep, in 
 accordance with the provisions of their respective Acts of 
 incorporation, to be verified in manner and form aforesaid, 
 and furnished according to form shown in schedule two of 
 this Chapter, or in such form as the Commissioner of Public 
 Works shall approve of or prescribe. Any company which 
 fails to forward the said returns in accordance with the 
 provisions of this section, shall be liable to a penalty not 
 exceeding fifty dollars for every day during which such 
 default continues. 
 Monthly returns 30. Every Company shall monthly prepare returns of 
 " their traffic for the last preceding month, in accordance 
 
 with the form contained in schedule three to this Chapter, 
 and a copy of such returns, signed by the officer of the 
 company responsible for the correctness of such return, 
 shall be forwarded by the company to the Commissioner of 
 Public Works within twenty-one days from the last day in 
 each month tO which the said returns shall relate ; and 
 another copy of each of such returns, signed by the same 
 officer, shall be posted up by the company within the same 
 time, and kept posted up for seven days in some conspicuous 
 place in the most public room in the head office of the 
 company in the Province, and so as the same can be 
 perused by all comers ; and free access thereto shall be 
 allowed to all comers during the usual hours of business at 
 such office. 
 Penalty for false 31. (1.) If any rctum which is required by the two 
 next preceding sections is false in any particular to the 
 knowledge of any person who signs the same, such person 
 shall be liable on conviction thereof to a penalty not to 
 exceed two hundred and fifty dollars. 
 
 reravembie ^°'^ (^■) "^'^ penalties imposed by this or the two next 
 preceding sections shall be recoverable by the person suing 
 for the same for his own use and benefit in any court 
 having jurisdiction in civil cases to the amount. 
 
TITLE XII.] EAILWATS. 393 
 
 32. The Commissioner of Public Works shall lay Chap. 53. 
 before both Houses of the Legislature, within twenty-one Rotu^g ^ ^^ 
 days from the commencement of each session, the returns '*'''^^'<"^o'«ff's- 
 inade and rendered to him, in pursuance of section twenty- '"'""" 
 nine of this Chapter. 
 
 33 All returns made in pursuance of anj' of theR«.ta™s to be 
 provisions of this Chapter, shall be privileged communica- minSna?"""" 
 tions, and shall not be evidence in any court whatsoever. 
 
 PART SECOND. 
 
 34. No railway or portion of any railway shall be Railway not to 
 opened for the public conveyance of passengers until one ^°te°''^oyee"°'" 
 month after notice in writing of the intention to open the 
 
 same has been given by the company to whom the railway 
 belongs to the Governor-in-Council, and until ten days 
 after notice in writing has been given by the company to 
 the Governor-in-Council of the time when the railway or 
 portion of railway will be in the opinion of the company, 
 sufficiently completed for the safe conveyance of passenger?, 
 and ready for inspection. 
 
 35. If any railway or portion of a railway be opened PcMity for con- 
 without such notices the company to whom such railway 
 
 belongs shall forfeit to Her Majesty the sum of two hundred 
 dollars for every day during which the same continues 
 open, until the notices have been duly given and have 
 expired. 
 
 36. The Governor-in-Council upon receiving such Engineers to 
 
 ,.,-.,. 1 11 T , c J.^ • make examina- 
 
 notification shall direct one or more or the engineers tions of road, &e. 
 attached to the Department of Public Works to examine 
 the i-ailway proposed to be opened, and all bridges, culverts, 
 tunnels, road crossings and other works and appliances 
 ■connected therewith, and also all engines and other rolling 
 ■stock intended to be used thereon, and if the inspecting 
 engineer or engineers report in writing Cb the Governor-in- 
 Council that in his or their opinion' the opening of the same 
 would be attended with danger to the public using the 
 same by reason of the incompleteness of the works or 
 permanent way or the insufficiency of the establishment 
 for working such railway together with the ground of such 
 opinion, the Governor-in-Council, and so from time to time 
 ■as often as such engineer or engineers after further 
 inspection thereof so report, may order arid direct the 
 company to whom the railway belongs to postpone such 
 opening, not exceeding one month at any one time, until it 
 appears to the Governor-in-Council that such opening may 
 take place without danger to the public. 
 
394 RiViLWATS. [part l 
 
 Chap. 53. 37. If any railway or any portion thereof be opened 
 Penalty for open- Contrary to such order or direction of the Governor-in- 
 OTder""'™'^ '" Council the company to whom the railway belongs shall 
 forfeit to Her Majesty the sum of two hundred dollars for 
 every day during which the same continues open contrary 
 to such order or direction. 
 Order, when 38. No such Order shall be binding upon any railway 
 panj"^°"°°" company unless therewith is delivered to the company a 
 copy of the report of the inspecting engineer or engineer* 
 on which the order is founded. 
 Railway may be 39. The Govemor-in-Council, whenever he receives- 
 certain casea. '"information to the effect that any bridge, culvert, viaduct,, 
 tunnel, or any other portion of any railway, or any engine^ 
 car or carriage used or for use on any railway, is dangerous^ 
 to the public using the same from want of repair, insufficient 
 or erroneous construction, or from any other cause, or 
 whenever circumstances may arise which in his opinion 
 render it expedient, may direct any engineer or engineers^ 
 aforesaid to examine and inspect the railway or any portion 
 thereof, or of the works connected therewith, or the engines 
 and other rolling-stock in use thereon, or any portion 
 thereof ; and upon the report of the engineer or engineers 
 may condemn the railway or any portion thereof, or any 
 of the rolling stock or other appliances used thereon, and 
 may require any change or alteration therein or in any 
 part thereof, or the substitution of any new bridge, culvert^ 
 viaduct or tunnel, or of any material for the said railway ;. 
 and thereupon the company to which such railway belongs, 
 or the company using, running or controlling the same, shall 
 after notice thereof in writing signed by the Commissioner 
 of Public Works and Mines, proceed to make good or remedy 
 the defects in the said portions of the railway, or in the 
 locomotive, car or carriage which have been so condemned,, 
 or shall make such change, alteration or substitution 
 hereinbefore referred to as has been required in manner 
 aforesaid by the Governor-in-Council. 
 
 En^neer may 40. If in the Opinion of any such engineer it is 
 
 forbid running , ji-i-ij " -i 
 
 of trains. dangerous for trains or vehicles to pass over any railway 
 
 or any portions thereof until alterations, substitutions or 
 repairs have been made thereon, or that any particular car,, 
 carriage or locomotive should be run or used, the said 
 engineer niay forthwith forbid the running of any train or 
 vehicle over such railway or portion of railway, or the 
 running or using of any such car, carriage or locomotive by 
 delivering or causing to be delivered to the president,, 
 managing director or secretary or superintendent of' the 
 company owning, running or using such railway, or to any 
 officer having the management or control of the running of 
 
TITLE XII.] RAILWAYS. 395. 
 
 trains on such railway, a notice in writing to that effect, Chap. 53, 
 
 witlf his reasons therefor, in which he shall distinctly '~' 
 
 point out the defects or the nature of the danger to be 
 apprehended. 
 
 41. The inspecting engineer shall forthwith report the Ensineer to re- 
 same to the Governor-in-Council, who may either confirm, Kounc"™'"''''' 
 modify or disallow the act or order of the inspecting 
 engineer, and such confirmation, modification or disallowance 
 
 shall be duly notified to the railway company affected 
 thereby. 
 
 42. Any engineer or engineers so appointed as aforesaid Power of engi- 
 to inspect any railway or works may at all reasonable Srorks,"^!''™"* 
 times, upon producing his or their authority if required, 
 
 enter upon and examine the said railway and the stations, 
 fences or gates, road crossings, cattle guards, works and 
 buildings, and the engines, cars and carriages belonging 
 thereto. 
 
 43. (1.) Every railway company and the officers and company to 
 directors thereof shall afford to the inspecting engineer fnformaUoiT''^ 
 or engineers such information as may be within their 
 knowledge and power in all matters inquired into by them, 
 
 and shall submit to such inspecting engineer or engineers 
 all plans, specifications, drawings and documents relating 
 to the construction, repair or state of repair of such railway 
 or any portion thereof, whether a bridge, culvert or 
 other part. 
 
 (2.) Any such inspecting engineer shall have the right, company to 
 whilst engaged in the business of such inspection, to travel f™^^ engineer 
 without charge on any of the ordinary trains running on 
 the railway, and to use the telegraph wires and machinery 
 in the offices of or under the control of any such railway 
 companj'. 
 
 (3.) The operators or officers employed in the telegraph Telegraph opera- 
 offices of or under the control of the company shall without orders! ° °^ "^ 
 unnecessary delay obey all orders of any such inspecting 
 engineer for transmitting messages ; and any such operator 
 or officer refusing or neglecting so to do shall forfeit for 
 every such offence the sum of forty dollars. 
 
 (4i.) The authority of any such inspecting engineer Eyidence of engi- 
 
 , ,\ / _, . _ -'. , , •; . . A . ... neer's authority. 
 
 shall be sufficiently evidenced by instructions in writing, 
 signed by the Commissioner of Public Works. 
 
 44. The Governor-in-Council may authorize or require Provision as to 
 any railway company to construct fixed and permanent o? bribes'.™' ' 
 bridges, or to substitute such bridges in the place of the 
 
 swing, draw or movable bridges on the line of such railway,- 
 within such time as the Governor-in-Council directs ; and 
 for every day after the period so fixed during which the 
 company uses such swing, draw or movable bridges the 
 
896 RAILWAYS. [PAET I. 
 
 Chap. 53. company shall forfeit and pay to Her Majesty the sum 
 of two hundred dollars ; and it shall not be lawful for^ny 
 railway company to substitute any swing, draw or movable 
 bridge in the place or stead of any fixed or permanent 
 bridge already built and constructed, without the previous 
 consent of the Governor-in-Council. 
 Eestrictions as 45. In any casc where a railway is 'constructed or 
 way'on'ievei.'^ 'authorized to be constructed across any turnpike road, 
 street or other public highway on the level,' the Governor- 
 in-Council may authorize and require the company to 
 whom such railway belongs, within such time as he directs, 
 to carry such road, street or highway either over or under 
 the said railway by means of a bridge or arch, instead of 
 crossing the same on the level, or to execute such other 
 works as under the circumstances of the case appear to 
 the Governor-in-Council the best adapted for removing or 
 diminishing the danger arising from such level crossing ; 
 and all the provisions of law at any such time applicable 
 to the taking of land by railway companies and its 
 valuation and conveyance to them and to the compensation 
 therefor, shall apply to the case of any land required for 
 the construction of any works for effecting the alteration 
 of such level crossing. 
 
 Notice to repair 46. Whenever any level crossing on any railway shall 
 eve , lomng. ^^ ^^^ ^^ repair the chief officer of the municipality or 
 other local division having jurisdiction over the highway 
 so crossed may serve a notice upon the company in the 
 usual manner, requiring the repair to be forthwith made ; 
 and if the company shall not forthwith make the same, 
 such officer may transmit a copy of the notice so served 
 to the Commissioner of Public Works ; and thereupon it 
 shall be the duty of the Governor-in-Council with all 
 possible despatch to appoint a day for an examination 
 into the matter; and the committee shall by mail give 
 notice to such chief officer and to the company of the day 
 so fixed ; and upon the day so named such crossings shall 
 be examined by an engineer appointed by the Governor- 
 in-Council ; and any certificate under his hand shall be 
 final on the subject so in dispute between the parties ; and 
 if the said engineer determines that any repairs are 
 required he shall specify the nature thereof in his certificate 
 and direct the company to make the same ; and the company 
 shall thereupon with all possible despatch comply with the 
 requirement of such certificate ; and in case of default the 
 proper authority in the municipality or other local division 
 within whose jurisdiction the said crossing is situate may 
 make such repairs and may recover- all costs, expenses and 
 outlays in the premises by action against the company in 
 
TITLE XII.J EAILWAYS. 397 
 
 any court of competent jurisdiction as money paid to the Chap. 53. 
 
 company's use : Provided always that neither this section '~ 
 
 nor any proceeding had thereunder shall at all aflFect any 
 liability other^Yise attaching to such company in the 
 premises. 
 
 47. The Governor-in-Council or the inspecting engineer speed of trains, 
 or engineers may limit the number of times or rate of *°' ''^^""°'*^'*- 
 speed of running of trains or vehicles upon any railway or 
 
 portion of railway, until such alterations or repairs as he 
 or they may think sufficient have been made, or until such 
 time as he or they think prudent; and the company 
 owning,^ running or using such railway shall comply forth- 
 with with any such order of the Governor-in-Council or 
 inspecting engineer, upon notice thereof as aforesaid ; and 
 for every act of non-compliance therewith every such 
 railway company shall forfeit to Her Majesty the sum of 
 two thousand dollars. 
 
 48. Every railway company shall as soon as possible, Notice of ae- 
 and at least within forty-eight hours after the occurrence be livens ™ 
 upon the railway belonging to such company of any 
 accident attended with serious personal injury to any 
 
 person u5ing the same, or whereby any bridge, culvert, 
 viaduct or tunnel on or of the railway has been broken or 
 so damaged as to be impassable or unfit for immediate 
 use, give notice thereof to the Governor-in-Council; and 
 if any company wilfully omits to give such notice, such 
 company shall forfeit to Her Majesty the sum of two 
 hundred dollars for every day during which the omission 
 to give the same continues. 
 
 49. The Commissioner of Public Works may at any spemi report on 
 time direct the Provincial Engineer to make a special ?i^nci™Engineer[ 
 report with respect to any accident on the railway, which 
 accident has caused loss of life or personal injury to any 
 
 person, and in such case the Provincial Engineer shall have 
 power to hold an investigation, summon and examine such 
 witnesses as he may consider necessary under oath, and 
 the Commissioner of Public Works shall cause such report 
 to be made public at such time and in such manner as he 
 thinks expedient. 
 
 COKONEKS. 
 
 50. With respect to coroners' inquests on the bodies Pro™ion^ mth 
 of persons whose deaths may have been caused by accidents oners' inquests. 
 on or connected with railways, the following provisions 
 
 shall have effect : — 
 
 (1.) Where a coroner holds an inquest upon the body ■ 
 of any person whose death may have been caused by any 
 accident of which notice is required by this Chapter to be 
 
398 RAILWAYS. [PAET I. 
 
 Chap. 53. given to the Commissioner of Public Works, the coroner 
 shall adjourn such inquest when the majority of the jury- 
 think it necessary so to adjourn such inquest to enable 
 the Provincial Engineer wherever practicable, or some 
 other properly qualified person appointed by the 
 Commissioner of Public Works, to be present to watch the 
 proceedings. 
 
 (2.) The coroner at least four days before holding the 
 adjourned inquest shall send to the Commissioner of Public 
 Works 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 Provincial Engineer, 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 Provincial Engineer, or such other person so appointed, 
 is not present, of any neglect as having caused or con- 
 tributed to the accident, or of any defect in or about the 
 railway appearing to the coroner or jury to require a 
 remedy, the coroner shall send to the engineer notice in 
 writing of such neglect or default. 
 
 (6.) Any person having a personal interest in or 
 employed in or in the management of the railway in which 
 the accident occurred, or any relative of the deceased 
 person upon whose body the inquest is to be held, shall 
 not be qualified to serve on the jury impanelled 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 jury. 
 
 Every person who fails to comply with the provisions 
 of this section shall be guilty of an offence against this 
 Chapter, and shall be liable to a fine not exceeding two 
 hundred dollars. 
 Inspection not to 51. No inspection had under this Chapter nor anything 
 fromTiabiiTty!'"^ in this Chapter contained, or done or ordered or omitted to 
 be done, or ordered under or by virtue of the provisions 
 of this Chapter, shall relieve or be construed to relieve 
 any railway company of or from any liability or responsi- 
 bility resting upon it by law, either towards Her Majesty or 
 towards any person, or the wife or husband, parent or 
 child, executor or administrator, tutor or curator, heir or 
 other personal representative, of any person, for anything 
 done or omitted to be done by such company, or for any 
 
TITLE XII.J EAILWAYS. 
 
 399 
 
 wrongful act, neglect or default, misfeasance, malfeasance Chap. 53. 
 
 or nonfeasance of such company, or in any manner or way ' 
 
 to lessen such liability or responsibility, or in any way to 
 weaken or diminish the liability or responsibility of any 
 such company under the laws in force in the province in 
 which such liability or responsibility arises. 
 
 52. Every railway company shall as soon as possible orders to be no- 
 after the receipt of any order or notice of the Commissioner t!^ '" °®°"'' 
 of Public Works or inspecting engineer, give cognizance 
 
 thereof to each of its officers and servants in one or more 
 of the ways mentioned in the sixtieth section of this 
 Chapter. 
 
 53. All orders of the Governor-in-Council shall be what deemed 
 considered as made known to the railway company by a '"*^°'™' """o^- 
 notice thereof signed by the Commissioner of Public Works 
 
 and mailed to the president, vice-president, managing 
 director, secretary or superintendent of the company, or at 
 the office of the company; and orders of the inspecting 
 engineer or engineers shall be deemed to be made known 
 to the railway company by a notice thereof, signed by the 
 engineer or engineers and delivered or mailed as above 
 mentioned. 
 
 54. Every railway company shall within one month Return of acoi- 
 after the first days of January and July in each and every aur''™"""™" 
 year make to the Governor-in-Council, under the oath of 
 
 the president, secretary or superintendent of the company, 
 a true and particular return of all accidents and casualties 
 (whether to life or property) which have occurred on the 
 railway of the company during the half year next pre- 
 ceding each of the said periods respectively, setting forth : 
 
 (1.) The causes and natures of such accidents and 
 casualties. 
 
 (2.) The points at which they occurred, and whether 
 by night or day. 
 
 (3.) The full extent thereof and all the particulars of 
 the same ; and 
 
 (4.) Shall also at the same time return a true copy of 
 the existing by-laws of the company, and of their rules 
 and regulations for the management of the company and 
 of their railway. 
 
 55. The Governor-in-Council may order and direct ^o™ of '■etum 
 from time to time the form in which such returns shall be ernor-in-councii 
 made up, and may order and direct any railway company 
 
 to inake up and deliver to them from time to time, in 
 addition to the said periodical returns, returns of serious 
 accidents occurring in the course of the public traffic upon 
 the railway belonging to such company, whether attended 
 with personal injury or not, in such form and manner as 
 
400 KAILWAYS. [PAET I. 
 
 Chap. 53. the Governor-in-Council deem necessary and require for 
 
 their information with a view to the public safety. 
 Penalty for neg- 56. If such retums 30 Verified be not delivered within 
 turn'" make re- ^-^^ respective times herein prescribed, or within fourteen 
 days after the same have been so required by the Governor- 
 in-Council, every company making default shall forfeit to 
 Her Majesty the sum of one hundred dollars for every day 
 during which the company neglects to deliver the same. 
 Returns privi- 57. All such retums shall be privileged communica- 
 cations?"™™™' tions, and shall not be evidence in any court whatsoever. 
 
 TBAPnC AKBANGEMENTS. 
 
 Companies may 58. (1.) The directors of any railway company may 
 
 agree respectniff , ,.^' , ,•' , -ii 
 
 traffic. at any time make agreements or arrangements with any 
 
 other company or owners of railways, for the regulation 
 and interchange of traffic passing to and from their rail- 
 ways, and for the working of the traffic over the said 
 railways respectively, or for either of those objects 
 separately, and for the division and apportionment of tolls, 
 rates and charges in respect of such traffic, and generally 
 in relation to the management and working of the railways, 
 or any of them, or any part thereof, and of any railway or 
 railways in connection therewith, for any term not exceed- 
 ing twenty -one years, and to provide either by proxy or 
 otherwise for the appointment of a joint committee or 
 committees for the better carrying into effect any such 
 agreement or arrangement, with such powers and functions 
 as may be considered necessary or expedient, subject to the 
 consent of two thirds of the stockholders voting in person 
 or by proxy. 
 Must afford faciii- (2.) But evcry railway company shall, according to 
 fng^trafflc.'"^'^'' their respective powers, afford all reasonable facilities to 
 any other railway company for the receiving and forward- 
 ing and delivering of traffic upon and from the several 
 railways belonging to or worked by such companies 
 respectively, and for the return of carriages, trucks and 
 other vehicles ; and no company shall give or continue any 
 preference or advantage to or in favor of any particular 
 company, or any particular description of traffic, in any 
 respect whatsoever; nor shall any company subject any 
 particular company or any particular description of traffic 
 to any prejudice or disadvantage in any respect whatso- 
 ever ; and every railway company having or working a 
 railway which forms part of a continuous line of railway, 
 or railway and steamer connection, or which intersects any 
 other railway, or which has any terminus, station or wharf 
 of the one near any terminus, station or wharf of the other, 
 shall afford all reasonable facilities for receiving and 
 
TITLE XH.] RAILWAYS. 401 
 
 forwarding by the one railway all the traffic arriving by Chap. 5;>. 
 
 the other, without any unreasonable delay, and without ' ' 
 
 .any preference or advantage, or prejudice or disadvantage, 
 
 and so that no obstruction may be offered in the using of 
 
 :such railway as a continuous line of communication, and 
 
 so that all reasonable accommodation may at all times by 
 
 the means aforesaid be mutually afforded by and to the 
 
 ;said railway companies ; and any agreement made between 
 
 any two or more railway companies contrary to the fore- 
 
 -going provisions shall be unlawful, null and void. 
 
 (3 ^ Anv railway company granting any facilities to Mustafford equal 
 
 ^. ■' •' , 1 •' 1 11 i 1 r •!• facilities to e.x- 
 
 .any incorporated express company snail grant equal laeili- press companies, 
 ties on equal terms and conditions to any other incorporated 
 express company demanding the same. 
 
 (4.) If any officer, servant or agent of any railway ^^'^'JyJfJ'^^'J^s; 
 •company, having the superintendence of the traffic at any forward traffic. 
 station or depot thereof, refuses or neglects to receive, 
 ■convey or deliver at any station or depot of the company 
 for which they may be destined, any passenger, goods or 
 things, brought, conveyed or delivered to him or such 
 ■company for conveyance over or along their railway from 
 that of any other company intersecting or coming near to 
 such first-mentioned railway, or in any way wilfully 
 •contravenes the provisions of the second sub-section of this 
 .section, such first-mentioned railway company, or such 
 •officer, servant or agents personally, shall for each such 
 neglect or refusal incur a penalty not exceeding fifty 
 dollars over and above the actual damages sustained ; 
 which penalty may be recovered with costs in a summary 
 way before any justice of the peace, by the railway com- 
 pany or any other party aggrieved by such neglect or 
 refusal, and to and for the use'and benefit of the company 
 •or other party so aggrieved. 
 
 (5 ) For the purposes of the four next preceding sub- interpretations 
 sections, the word "traffic" includes not only passengers "«" *'-^»=- 
 .and their baggage, goods, animals and things conveyed by 
 railway, but also cars, trucks, and vehicles of any descrip- 
 tion adapted for running over any railway ; -the word 
 "railway" includes all stations and depots of the railway 
 and steamers connected therewith; and a railway shall be of •■ railway." 
 ■deemed to come near another when some part of the one is 
 within one mile of some part of the other. 
 
 (6.) Whenever any railway company is permitted byAma^|amatiouo 
 the Act of incorporation of such company to amalgamate 
 by arrangement with any other company, the contract tor 
 such amalgamation shall when adopted and passed by such 
 companies be communicated to the Governor-in-Council tor 
 27 
 
402 EAILWAYS. [part X, 
 
 Chap. 53. approval, and such approval shall be announced by notice 
 "~~ under the signature of the Commissioner of Public Works 
 
 in the Royal Gazette. 
 Failure to make (7.) In the event of two Or more companies failing to 
 SeSte. ""■""^^'make the traffic arrangements required by this Chapter to 
 the satisfaction of the Governor-in-Council, such companies, 
 may be required by the Governor-in-Council to make such 
 arrangements within a specified reasonable time, and if the- 
 companies fail to agree as to the terms of such arrange- 
 ments within the term so specified, then the Governor-in- 
 Council shall have the power to adjust, decide and settle all 
 disputes in relation thereto. 
 
 EAILWAT CONSTABLES. 
 
 Appointment ot 59. (1.) The municipal council or warden of any 
 railway lines. " municipality, on the application of the board of directors 
 of any railway company whose railway passes within the 
 local jurisdiction of such municipality, or on the applica- 
 tion of any clerk or agent of such company thereto' 
 authorized by such board, may in their or his discretion 
 appoint any persons recommended to them for that pur- 
 pose by such board of directors, clerk or agent, to act as 
 constables on and along such railway, and every person so^ 
 appointed shall take an oath or make a solemn declaration, 
 in the form or to the effect following, that is to say : 
 
 oatii of office. " I, A. B., having been appointed a constable to act upon 
 
 " and along (here name the railway), under the provisions 
 " of {here insert the title of this Chapter), do swear that I will 
 " well and truly serve Our Sovereign Lady the Queen, in the 
 " said office of constable, without favor or affection, malice 
 " or ill-will, and that I will, to the best of my power, cause 
 " the peace to be kept, and prevent all offences against the 
 " peace, and that while I continue to hold the said office, I 
 " will, to the best of my skill and knowledge, discharge the 
 " duties thereof faithfully, according to law. So help me 
 "God." 
 
 conetabies' pow- (2.) And such oath or declaration shall be administered 
 
 ers, &c.,andliow, ^ ' , , • j_- j? ,i , 
 
 extensive. by any such warden or justice or the peace, and every 
 constable so appointed, and having taken such oath or 
 made such declaration, shall have full power to act as a 
 constable for the preservation of the peace, and for the 
 security of persons and property against felonies and other 
 unlawful acts, on such railway and on any of the works 
 belonging thereto, and on and about any trains, roads, 
 wharves, quays, landing-places, warehouses, lands and 
 premises belonging to such company, whether the same be 
 in the county, city, town, parish, district, or other local 
 
TITLE XII.] RAILWAYS. " 4O3 
 
 jurisdiction within which he was appointed, or in any other Chap 53 
 
 place through which such railway passes, or in which the 
 
 same terminates, or through or to which any railway 
 passes which may be worked or leased by such railway 
 company, and in all places not more than one quarter of a 
 mile distant from such railway or railways ; and shall have 
 all such powers, protections and privileges for the appre- 
 hending of offenders, as well by night as by day, and for 
 doing all things for the prevention, discovery and prosecu- 
 tion of felonies and other offences, and for keeping the 
 peace, which any constable duly appointed has within his 
 constable-wick; and it shall be lawful for any such constable 
 to take such persons as may be punishable by summary 
 conviction for any offence against the provisions of this 
 Chapter, or of any of the Acts or by-laws affecting any 
 such railway, before any justice or justices appointed for 
 any county, city, town, parish, district or other local 
 jurisdiction within which any such railway may pass ; and 
 and every such justice shall have authority to deal with all 
 such cases as though the offence had been committed and the 
 person taken within the limits of his own local jurisdiction. 
 
 (3.) Any warden of the municipality or any justice of Dismissal uf such 
 the peace may dismiss any such constable who may be '"""^'"'''^^ 
 acting within their several jurisdictions : and the board of 
 directors of such railway company, or any clerk or agent 
 of such company thereto authorized by such board, maj- 
 dismiss any such constable who may be acting on such 
 railway ; and upon every such dismissal all powers, pro- 
 tections and privileges belonging to any such person by 
 reason of such appointment shall wholly cease ; and no 
 person so dismissed shall be again appointed or act as , 
 constable for such railway without the consent of the 
 authority by which he was dismissed. 
 
 (4.) Every such railway company shall cause to be Record of ap- 
 recorded in the office of the clerk of the municipality for kepi '°°" 
 every county, city, town, parish, district or other local 
 jurisdiction wherein such railway or railways may pass 
 the name and designation of every constable so appointed 
 at their instance, the date of his appointment, and the 
 authority making it, and also the fact of every dismissal 
 of any such constable, the date thereof and the authority 
 making the same, within one week after the date of such 
 appointment or dismissal, as the case may be ; and the 
 clerk of the municipality shall keep such record in a book, 
 to be open to public inspection, charging such fee or fees 
 as the Governor-in-Council may from time to time 
 authorize, and in such form as the Governor-in- Council 
 may from time to time direct. 
 
404 RAILWAYS. PART I. 
 
 Chap. 53. (5.) Every such constable who is guilty of any neglect 
 
 Puniahment for or brcach of duty in his office of constable shall be liable 
 
 neglect oi duty, qq summary conviction thereof within any county, city, 
 
 district or other local jurisdiction wherein such railway 
 
 may pass, to a penalty of not more than eighty dollars, 
 
 the amount of which penalty may be deducted from any 
 
 salary due to such offender if such constable be in receipt 
 
 of a salary from the railway company, or to imprisonment 
 
 for not more than two months in the gaol of such county, 
 
 city, district or other local jurisdiction. 
 
 Penalty for re- (6.) Every person who assaults or resists any constable 
 
 we'a."^' """^"^ appointed as aforesaid in the execution of his duty, or who 
 
 incites any person so to do, shall for every such offence be 
 
 liable on summary conviction to a penalty of not more 
 
 than eighty dollars or to imprisonment for not more than 
 
 two months. 
 
 GBNBRAL PROVISIONS. 
 
 •Company to 60. (1.) Evcry railway company shall make such 
 
 •^pfoyes.'"'^ ""^ by-laws, rules and regulations to be observed by the 
 conductors, engine-drivers and other officers and servants 
 of the company, and by all other companies and persons 
 using the railway of such company, and such regulations 
 with regard to the construction of the carriages and other 
 vehicles to be used in the trains on the railway of the 
 company, as are requisite for ensuring the perfect carrying 
 into effect of the provisions of this Chapter and the orders 
 and regulations of the Governor-in-Council. 
 By-laws may be (2.) The Company may from time to time repeal or 
 ■altered, c. alter such by-laws and make others, provided that such 
 by-laws bfe not repugnant to the provisions of this 
 Chapter or the Act incorporating the company, or any 
 Act or Acts amending any of them. 
 tti°e™icatton. """ (^O -^^^ ^^^^ by-law shall be reduced into writing 
 and shall have affixed thereto the common seal of the 
 company. 
 Penalty tor (4.) Any of the conductors, engine drivers and other 
 
 breachofby-aw. ^gj^^^g and Servants of the company, or other railway 
 companies using any railway, offending against any such 
 by-law shall forfeit for every such offence a sum not 
 exceeding forty dollars, such forfeiture to be imposed by 
 the company in such by-law as a penalty for every such 
 offence. 
 Summary inter- (5.j If the infraction or non-observance of any such 
 tain cases. by -law by any of the classes in the next preceding sub- 
 section mentioned be attended with danger or annoyance 
 to the public or hindrance to the company in the lawful 
 use of the railway, it shall be lawful for the company 
 summarily to interfere, using no violence or unnecessary 
 
TITLE XII.] RAILWAYS. 405 
 
 force, to obviate or remove such danger, annoyance or Chap. 53. 
 hindrance, and that without prejudice to any penalty ' 
 
 incurred by the infraction of any such by-law. 
 
 (6.) No such by-law shall have force or effect unless Approved b? 
 or until it has been approved by the Governor-in-Council. 00™™!?'"°' 
 
 (7.) The substance of any such by-law when approved Notification of 
 as aforesaid, if it affects any officer or servant of the nfade^biio"^ 
 company, may be proved by proving the delivery of a 
 copy to or its receipt by such officer or servant ; and if it 
 affects any other railway company using the railway shall 
 be painted on boards or printed on paper and pasted on 
 boards, and hung up and affixed, and continued on the 
 front or other conspicuous part of every wharf or station 
 belonging to the company, according to the nature or 
 subject matter of such by-laws respectively, and so as to 
 give public notice thereof to the parties interested therein 
 or affected thereby ; and such boards shall from time to 
 time be renewed as often as the by-laws thereon or any 
 part thereof shall be obliterated or destroyed ; and no 
 penalty imposed by any such by-law shall be recoverable 
 unless the same shall have been published and kept 
 published in manner aforesaid. 
 
 (8.) Such by-laws when so confirmed shall be binding wiiat parties 
 upon and be observed by all parties mentioned in the fourth °^'' ^ ^'^^' 
 sub-section of this section, and shall be sufficient to justify 
 all persons acting under the same ; and for proof of the 
 publication of any such by-laws affecting only any other 
 railway company using the railway, it shall be sufficient 
 to prove that a printed paper or painted board containing 
 a copy of such by-laws was affixed and continued in 
 manner by this section directed, and in case of its being 
 afterwards displaced or damaged then that such paper or 
 board was replaced as soon as conveniently might be. 
 
 61. Any railway company may by a by-law impose Forfe«ure^.Jor 
 upon any officer, servant, or person who before theby-iaw. 
 contravention of such by-law has had notice thereof and 
 
 is employed by the company, a forfeiture to the company 
 of not less than thirty days' pay of such officer or servant 
 for any contravention of such by-law, and may retain any 
 such forfeiture out of the salary or wages of the offender. 
 
 62. The notice of the by-law or of any order or notice Notice <rfby-iaw, 
 of the Governor-in-Council, or of the inspecting engmeer proved. 
 
 or engineers, may be proved by proving the delivery of a 
 copy thereof to the officer, servant or person, or that he 
 signed a copy thereof, or that a copy thereof was posted 
 in some place where his work or his duties, or some of 
 them, were to be performed. 
 
406 RAILWAYS. [part I. 
 
 Chap. .53. 63. Such proof, with a proof of the contravention, shall 
 When a, lull de- he a full answer and defence for the company in any suit 
 fence for com- Jqj, ^j^g recovery of the amount so retained, and such 
 
 forfeiture shall be over and above any penalty under this 
 
 Chapter. 
 Navigation not g4 j^q such companv shall cause any obstruction in 
 
 to be impeded. • i ,i <■ • "[• i! ■ ± i 
 
 or impede the tree navigation ot any river, stream or canal 
 to or across or along which their railway is carried. 
 Railways across (35. If the railwav be carried across any navigable 
 
 rivers, &c., regu- . iii ^ ini • t , 
 
 lated. river or canal the company shall leave openings between 
 
 the abutments or piers of their bridge or viaduct over the 
 same, and shall make the same of such clear height above 
 the surface of the water, or shall construct such draw- 
 bridge or swing-bridge over the channel of the river or 
 over the whole width of the canal, and shall be subject to 
 such regulations as to the opening of such swing-bridge or 
 drawbridge as the Governor-in-Council from time to time 
 make, 
 b'^d °^&*''"'' ^^" "'■^ shall not be lawful for anj- such company to 
 proved by Gov- construct any wharf, bridge, pier or other work upon or 
 ernor-m-CounciiQ^.gj, an}' navigable river, lake or canal, or upon the beach 
 or bed or lands covered with the waters thereof, until they 
 have first submitted the plan and proposed site of such 
 work to the Governor-in-Council, and the same has been 
 approved ; and no deviation from such approved .site or 
 plan shall be made without the consent of the Governor- 
 in-Council. 
 Exception as to 67. Nothing Contained in the two next preceding 
 apecia c s. geetions of this Chapter shall be construed to limit or afifect 
 any power expressly given to any railway company by 
 its special Act of incorporation or any special Act 
 amending the same. 
 
 Train to stop he- 68. In all cascs where a railway passes any drawbridge 
 drawbridg'e"^^'"^ Or swing-bridge over a navigable river, canal or stream which 
 is subject to be opened for the purposes of navigation, the 
 trains shall in every case be stopped at least three minutes 
 to ascertain from the bridge tender that the said bridge is 
 closed and in perfect order for passing, and in default of so 
 stopping during the full period of three minutes the sr.id 
 railway company shall be subject to a fine or penalty of 
 four hundred dollars. 
 Best oommuni- 69. Every railway company which runs trains upon 
 
 eating apparatus ,1 ., n ,1 j? , ,, ^. ■, 
 
 to be used. the railway tor the conveyance or passengers shall provide 
 and cause to be used in and upon such trains such known 
 apparatus and arrangements as best afford good and 
 sutficient means of immediate communication between the 
 conductors and the engine drivers of such trains while the 
 trains are in motion, and good and suflicient means of 
 
TITLE XII.] RAILWAYS. 
 
 407 
 
 applying by the power of the steam engine or otherwise Chap. 53, 
 
 at the will of the engine driver, or other person appointed ~ 
 
 to such duty, the brakes to the wheels of the locomotive 
 or tender, or both, or of all or any of the cars or carriages 
 composing the trains, and of disconnecting the locomotive, 
 tender and cars or carriages from each other by any such 
 power or means, and also such apparatus and arrangements 
 as best and most securely place and fix the seats or chairs 
 in the cars or carriages, and shall alter such apparatus and 
 arrangements or supply new apparatus and arrangements 
 from time to time as the Governor-in-Council may order. Penalty for non- 
 70. Every railway company which fails to comnlv compliance with 
 
 ■wTiJ-"U £ XT- •• •■t.-i iJ precedina; sec- 
 
 witn any ot the provisions contained in the next preceding «on- 
 section of this Chapter shall forfeit to Her Majesty a sum 
 not exceeding two hundred dollars for every day during 
 which such default continues. 
 
 71. Every railway company shall station an officer at^.'^'ther precau- 
 every point on their line crossed on a level by any other cZinla. "™' 
 railway, and no train shall proceed over such crossing until 
 
 signal has been made to the conductor thereof that the 
 way is clear. 
 
 72. Every locomotive or railway engine or train of ^^^ere one track 
 ■cars on any railway shall, before it crosses the track of Ta ilvcr"'*"' 
 any other railway on a level, be stopped for at least the 
 
 space of one minute. 
 
 73. No locomotive or railway engine shall pass in or Or runs through 
 ^;hrough any thickly peopled portion. of any city, town or "'•*'' *°" 
 village at a speed greater than six miles per hour, unless 
 
 the track is properly fenced. 
 
 74. Whenever any train of cars is moving reversely or is moving re- 
 in any city, town or village, the locomotive being in the™^'^^' 
 Tear, the company shall station on the last car in the train 
 
 a person who shall warn parties standing on or crossing 
 the track of such railway of the approach of such train ; 
 and for any contravention of the provisions of this and 
 the three next preceding sections the company shall incur 
 a penalty of one hundred dollars, 
 
 75. If the Governor-in-Council order any railway Footbridge to be 
 company to erect at or near or in lieu of any level crossing gits. ^ p^'^^"' 
 of a turnpike road or other public highway a footbridge 
 
 -or footbridges over their railway for the purpose of 
 enabling persons passing on foot along such turnpike road 
 or public highway to cross the railway by means of such 
 bridge or bridges, then from and after the completion of 
 •such footbridge or footbridges so required to be erected, 
 and while the company keeps the same in good and 
 •sufficient repair, such level crossing shall not be used by 
 ■foot passengers on ths said turnpike road or public 
 
408 EAILWAYS. [part I. 
 
 Chap. 53. highway, except during the time when the same is used 
 for the passage of carriages, carts, horses or cattle along 
 the said road. 
 
 Cattle, &e., not 76. No horscs, shecp, swine or other cattle shall he^ 
 
 wghway!'^^ °° permitted to be at large upon any highway within half a. 
 mile of the intersection of such highway with any railway 
 on grade, unless such cattle are in charge of some person, 
 or persons to prevent their loitering or stopping on such 
 highway at such intersection. 
 
 Such cattle, &c., 77. All Cattle found at large in contravention of the 
 
 may be impound-. .. o n j- .1 
 
 ed. last preceding section may, by any person nnding the same 
 
 at large, be impounded in the nearest pound to the place 
 where the same are so found, and the pound keeper with 
 whom the same are so impounded shall detain the same in. 
 the like manner and subject to the like regulations as to 
 the care and disposal thereof, as in the case of cattle 
 impounded for trespass on private property. 
 
 If killed, owners 78. No pcrson, any of whose cattle being at large 
 
 to have no action , i_ ±-\ • • i* i- i • i -n t 
 
 contrary to the provisions oi section seventy-six are killed 
 by any train at such point of intersection, shall have any 
 action against any railway company in respecb to the same 
 being so killed. 
 Crossing to be 79. At every road and farm crossing on the grade of 
 the railway the crossing shall be sufficiently fenced on 
 both sides so as to allow the safe passage of the trains. 
 Ground to be 80. Every railway Company shall cause all thistles and 
 tie"&c. '^ other noxious weeds growing on the cleared land or ground 
 adjoining the railway and belonging to such company to 
 be cut down and kept constantly cut down, or to be rooted 
 out of the same. 
 Consequence of 81. If any railway company fails to comply with the 
 piT ' witit "^iMt requirements of the last preceding section within twenty 
 section. (Jays after they have been required to comply with the 
 
 same by notice from the mayor or chief officer of the 
 municipality of the township, county or district in which 
 the land or ground lies, or from any justice of the peace 
 therein, such company shall thereby incur a penalty of 
 two dollars to the use of the municipality for each day 
 during which they neglect to do anything which they are 
 lawfully required to do by such notice, and the said mayor 
 or officer, or justice of the peace, may cause all things tO' 
 be done which the said company were lawfully required to- 
 do by such notice, and for that purpose may enter by 
 himself and his assistants or workmen upon such lands or 
 grounds, and may recover the expenses and charges, 
 incurred in so doing, and the said penalty with costs of 
 suit in any court having jurisdiction in civil cases to the 
 amount sought to be recovered. 
 
TITLE XII.] RAILWAYS. 409 
 
 82. The interest of the purchase money or rent of any Chap. 53. 
 real property acquired or leased by any railway company i„terest of pur- 
 and necessary to the efficient working of such railway and"'"'^'* money 
 
 11 • 1 .. " 1 ,'',.. deemed workinsr 
 
 the price or purchase money oi any real property or thing expenses. 
 without which the railway could not be efficiently worked, 
 shall be considered to be part of the expenses of working 
 such railway, and shall be paid as such out of the earnings 
 of the railway. 
 
 83. Every person wilfully obstructing any inspecting Penalty for 
 engineer in the execution of his duty shall, on conviction aplcwng " ragi- 
 before a justice of the peace having jurisdiction in the"^^""- 
 place where the offence has been committed, forfeit and 
 
 pay for every such offence any sum not exceeding forty 
 dollars, and in default of payment of any penalty so 
 adjudged immediately, or within such time as the said 
 justice of the peace appoints, the same justice, or any other 
 justice having jurisdiction in the place where the offender 
 resides, may commit the offender to prison for any period 
 not exceeding three months ; but such commitment shall 
 be determined on payment of the amount of the penalty ; 
 and every such penalty shall be returned to the municipal 
 treasurer in the usual manner. 
 
 84. If any officer or servant of or person employed by Punishments for 
 
 ., •' .,« n /. ,, , contravening by- 
 
 any railway company wiltully or neghgentiy contravenes laws, &c. 
 any by-law or regulation of the company lawfully made 
 and in force, or any order or notice of the railway 
 committee, or of the inspecting engineer or engineers, of 
 which a copy has been delivered to him or has been posted 
 up or open to his inspection in some place where his work 
 or his duties, or any of them, are to be performed, then if 
 such contravention causes injury to any property or to 
 any person, or exposes any property or any person to the 
 risk of injury, or renders such risk greater than it would 
 have been without such contravention, although no actual 
 injury occurs, such person convicted thereof shall in the 
 discretion of the court before whom the conviction is had 
 be punished by fine not exceeding four hundred dollars, 
 and in default of payment of the fine to be imprisoned 
 for a term not to exceed two years. 
 
 85. If such contravention does not cause injury to any Penai^^^in cer- 
 property or person, nor expose any person or property to recoverable; 
 the risk of injury, nor make such risk greater than it would 
 
 have been without such contravention, then the officer, 
 servant or other person guilty thereof, shall thereby incur 
 a penalty not exceeding the amount of thirty days' pay, nor 
 less than fifteen days' pay of the offender from the com- 
 pany, in the discretion of the justice of the peace before 
 whom the conviction is had; and such penalty shall be 
 
410 EAILWAYS. [part I. 
 
 Chap. 53. recoverable with costs before any one justice of the peace 
 
 having jurisdiction where the offence has been committed, 
 
 or where the off'ender is found, on the oath of one credible 
 
 witness other than the informer. 
 
 Application of 86. One moicty of such penalty shall belong to Her 
 
 pena y. Majesty for the public uses of the Province and the other 
 
 moiety to the informer, unless he be an officer or servant 
 
 of or person in the employ of the company, in which case 
 
 he shall be a competent witness and the whole penalty 
 
 shall belong to Her Majesty for the uses aforesaid. 
 
 Penalty paid by 87. The compauy may in all cases under the three next 
 
 deducted "ftom preceding sections pay the amount of the penalty and costs, 
 
 saiaiy. g^jj^ recover the same from the offender or deduct it from 
 
 his salary or pay. 
 Penalties in 88. In the case of any violation of any of the provi- 
 er cases. gjous of this Chapter, for which no special penalty is 
 provided, the person or company so violating any of the 
 said provisions shall forfeit and pay the sum of one 
 hundred dollars for each and every such violation and for 
 each and every day's continuation of such violation, and 
 this penalty and all penalties provided by this Chapter for 
 the recovery of which no other provision has been made, 
 may be sued for and recovered by the Provincial Engineer 
 as a private debt in any court having in any case jurisdic- 
 tion for the like amount. 
 Appiieation of 89. All the fines, forfeitures, and penalties, recoverable 
 penalties. Under this Chapter, the application whereof is not other- 
 
 wise provided for, shall be paid into the treasury of the 
 Province of Nova Scotia, but penalties for the contraven- 
 tion of any by-law made under the authority of this 
 Chapter, shall be paid into the treasury of the company. 
 coUectioH of 90. The collection of any of the penalties provided for 
 enforced!' °^ in this Chapter, where the same shall be incurred by any 
 Railway company, may be enforced by a sale of any 
 of the company's property, notwithstanding the existence 
 of any mortgage, lien, encumbrance, or deed of trust, to 
 secure the payment of any liability. 
 Compensation 91. In the case of anv railway of which the Govemor- 
 
 by arbitration. . ^ ... ,, . ,," ,,, , 
 
 in-(Jouncil IS authorized bj' statute or by any agreement or 
 contract to assume the ownership on paying the value of 
 the same or compensation for any part or the whole of the 
 outlay made thereon, and it is provided by the statute, 
 agreement, or contract, that the amount of such value or 
 compensation is to be ascertained by arbitration, the 
 Governor-in-Council of Nova Scotia may enter into posses- 
 sion and hold such railway and assume the ownership 
 thereof, and be vested with all the rights, property and 
 powers intended by any such statute, agreement, or contract, 
 
TITLE XII.] RAILWAYS. 411 
 
 -to be conferred on the Governor-in-Council on the assump- Chap. 53. 
 
 tion by the Governor-in-Council of the ownership of such 
 
 railway, four weeks' notice being first given to the company 
 in possession of the said railway, or its president, manager, 
 secretary or agent in this Province, or elsewhere, of the 
 name of the arbitrator appointed by the Governor-in- 
 Council. This enactment shall not take away the right of 
 any company to the compensation to which such company 
 may be entitled on the award being made under the 
 provisions of any such statute, agreement, or contract, as 
 is heretofore referred to. 
 
 92. When the notice mentioned in the next preceding Proviso in case 
 •section has been given on the part of the Governor-in-lm"lfwtrator! 
 Council, and the company or officer, or the proprietor or 
 proprietors, of any railway coming within the provisions 
 
 of said section, .shall refuse, or for four weeks after the 
 :giving of such notice neglect, to name an arbitrator on the 
 part of such company or proprietors, such arbitrator shall 
 be appointed by the Chief Justice of the Supreme Court of 
 Nova Scotia, and shall for all purposes be considered and 
 held to be the arbitrator appointed by or on behalf of the 
 ■company so notified, or of the proprietors of any railway 
 coming within the provisions thereof. 
 
 93. If the third arbitrator or umpire whose appoint- Proviso in case of 
 ment is provided for in any statute, agreement or contract, pofnrumpire.''^' 
 ■or in this Chapter, shall not be appointed, or his appoint- 
 ment not notified to the Governor-in-Council for thirty.days 
 
 after the other two arbitrators have been appointed (and his 
 •appointment notified to the Governor-in-Council), such 
 third arbitrator or umpire shall be appointed by the other 
 two arbitrators by writing under their hands, and in the 
 event of their failure so to appoint within a period of one 
 month, shall be appointed by the Chief Justice of the 
 Supreme Court of Canada; but this section .shall not be 
 applicable to any company or railway whose charter, act 
 of incorporation, or agreement with the Province, provide 
 for the appointment of a third arbitrator in some other 
 ■way. 
 
 94. All or any of the arbitrators referred to in the ^^rbitrators,^^^^^^^ 
 three next preceding sections, and also a reasonable number entrains. 
 
 of experts or other persons forming their staff or staffs, 
 shall have the right at all or any time or times, until the 
 making and publication of their award, to travel on any 
 of the trains which may from time to time pass over any 
 of the railways in respect of which such arbitrators are to 
 make their valuation or award, free of all charge, and shall 
 be carried from station to station in such manner as to 
 ■enable them to make full examination of such railways and 
 
412 RAILWAYS. [part I, 
 
 Chap. 53. all the appurtenances. Any person or company who shall 
 " "refuse to said arbitrators, or any of them, or their attend- 
 ants, the facilities mentioned in this section, shall pay a 
 penalty for each ofFftnce of four hundred dollars to any 
 person who may sue for the same. 
 
 Witnesses com- 95. The arbitrators or any of them shall have power 
 teal^^L.^ '''to issue summons for the attendance of witnesses and for 
 the production of documents, and to examine witnesses 
 under oath, and every such summons shall have the same 
 effect as a subpcena or subpoena duces tecum issued out of 
 the Supreme Court of Nova Scotia, and non-compliance 
 with any such summons shall be attended with the like 
 consequences, or as disobedience of any such subpcena or 
 subpcena duces tecum. 
 
 ■witnessess en- 96. Witnesses summoned to attend before said arbi- 
 o ees. ^;j-a^tQj.g shall have the same rights in respect of fees as 
 witnesses in the Supreme Court, 
 
 witnessresiding 97. AH the provisions of any statute now in force 
 amined. relating to the issuing of commissions for taking the 
 
 depositions of witnesses residing out of the Province, shall 
 apply to all or any proceedings before such arbitrators and 
 for this purpose the proceedings before any such arbitrator 
 or arbitrators shall be deemed to be a civil action in said 
 court, and on any such commission being returned, the 
 same, together with any deposition taken thereunder, shall 
 be transmitted by the prothonotary to the arbitrators. 
 
 Affidavit &c. .how 98. Any affidavit, order, rule, deposition or other 
 proceeding in the Supreme Court of Nova Scotia, touching 
 or relating to the issuing of a commission, or the taking 
 of evidence thereunder, for the purpose of the arbitrators, 
 may be entitled as in the said Court, and in the cause of 
 " The Queen on behalf of the Government of Nova Scotia, 
 
 versus The Company," (naming the company or 
 
 proprietors whose railway forms the subject of the arbi- 
 tration.) 
 
 INTERPRETATION CLAUSE. 
 
 What "railway 99, Iq the Construction of the provisions of this 
 
 company " shall ^, . , . , » . f . 
 
 include. Chapter rrom section thirty-rour inclusive to the end 
 
 of the Chapter, the expression "railway company" or 
 " company " shall include any person being the owner or 
 lessee of or a contractor working any railway constructed, 
 or carried on under the^powers of an Act of Parliament. 
 
TITLE XII.] 
 
 EAILWATS. 
 
 413 
 
 RETURNS BY RAILWAY COMPANIES. 
 
 SCHBDULE ONE. 
 
 Return in pursuance of Chapter 53 of the Revised 
 Statutes " Of Railways," by the Railway Company 
 
 of their authorized share and loan capital, and the sums 
 received in respect of their ordinary capital and preferential 
 capital and debenture stock or funded debt on the 31st 
 December, 18 , specifying the rate per cent, of the divi- 
 dends for the year 18 on each of the said capitals, showing 
 also the loans outstanding on the 31st December, 18 , 
 classified according to the several rates per cent, of interest, 
 and the capital subscribed to other undertakings, whether 
 such undertakings are on lease to or worked by the sub- 
 scribing company, or are independent. 
 
 Chap. 53. 
 
 Suhedules. 
 
 Authorized Capital up to 
 the 31st December, 18 , 
 including capital author- 
 ized as subscriptious to 
 other undertakings, whe- 
 ther such other undertak- 
 ings are on lease to or 
 worked by the subscribing 
 company, or are inde- 
 pendent. 
 
 By 
 
 Shares. 
 
 By 
 Loans. 
 
 Total. 
 
 Paid-up Stock and Share Capital at 31st 
 December, 18 , including subscriptions paid 
 up to other undertakings. 
 
 
 
 - M 
 
 O «J 
 
 ? 'Si 
 
 •so « 
 
 SCHEDULE TWO. 
 
 Statements of Accounts fob the teae ending 
 
 JNo. 1. — Share Capital autliorized,issued,and remaining to le issued. 
 
 Authority. 
 
 Share capital 
 authorized. 
 
 Share cajjital 
 issued. 
 
 Balance un- 
 issued. 
 
414 
 Chap. 53. 
 
 RAILWAYS. 
 
 [part l 
 
 'No. 2. — Capital raised by Debenture Stock. 
 
 Authority. 
 
 Debenture 
 
 stock 
 authorized. 
 
 Debenture 
 stock issued. 
 
 Balance un- 
 issued. 
 
 Db. No. 3. — Receipts and Expenditures on Capital Account. Cr. 
 
 To Expenditure — 
 
 By Receipts — 
 
 Share Capital 
 
 Debenture Stock., 
 
 No. 4. — Details of Capital Uapenditure in Year ending . 
 
 No. 5. — Capital Powers available to meet further Expenditure. 
 
 Share Capital unissued, as per Account No. 1 
 
 Debenture Stock Capital unissued, as per Account No. 2. . 
 
yiTLE ^ai.] BAILWAYS. 
 
 No. 6. — Return Rolling Stock. 
 
 415 
 Chap. 53. 
 
 Locomo- 
 tive. 
 
 Coaching, Merchandize and 
 Minerals. 
 
 Stock at 
 Stock at ■ 
 
 Increase d"uring the year, 
 Decrease during the year, 
 
 De. 
 
 No. 7. — Revenue Account. 
 
 Ce. 
 
 Expenditure. 
 
 
 Keceipts. 
 
 
 To Maintenance of Way, 
 
 (See Abstract A) 
 
 Locomotive Power... 
 
 
 By passengers 
 
 Parcels 
 
 
 Mails 
 
 
 (See Abstract B) 
 Car repairs 
 
 (See Abstract 0) 
 Traffic expenses 
 
 (See Abstract D) 
 General charges. ... 
 
 (See Abstract E) 
 
 Law expenses 
 
 Compensation 
 
 Freight 
 
 
 
 
 Mileage 
 
 
 
 
 No. 8. — Abstracts of Expenditui-e. 
 
 A. — Maintenance of Wat, Works, Eto. 
 Salaries, Travelling Expenses, and General Superintendence 
 
 Wages of Foremen and Laborers 
 
 Bails 
 
 Spikes, Fishplates and Bolts 
 
 Sleepers 
 
 Kepairs to Points and Crossings 
 
 Repairs to Bridges and Culverts 
 
 Kepairs to Road Crossings, Fences and Gates, &c 
 
 Repairs to Stations and Offices 
 
 Ballasting 
 
 Repairs to Wharves 
 
 Repairs to Sidings, Slopes, &o..... 
 
 Miscellaneous Expenses^ 
 
 Total as per Account No. 7 
 
416 
 Chap. 53. 
 
 RAILWAYS. 
 
 Form No. 8 continued.' 
 
 [part I, 
 
 B.— LOOOMOTIVB POWEB. 
 
 Salaries and General Superintendanoe 
 
 Wages of Enginemen and Firemen (Running Expenses)., 
 Wages of Cleaners and Labourers... l3itto 
 
 Coal and Wood Ditto 
 
 Water Ditto 
 
 Oil, Tallow and Waste Ditto 
 
 Small Stores Ditto 
 
 Wages (Repairs and Renewals) , 
 
 Materials Ditto 
 
 Less Old Materials sold, and Engines Ballasting.. 
 Total as per Account No. 7 
 
 C— Repairs and Renewals of Cabs. 
 
 Salaries and General Superintendence (Passenger Cars). 
 
 Wages Ditto 
 
 Materials Ditto 
 
 Salaries and General Superintendence. ..(Freight Cars) . 
 
 Wages Ditto 
 
 Materials Ditto 
 
 Less Old Materials sold 
 
 Total as per Account No. 7.. 
 
 D.— Traffic Expenses. 
 
 Salaries of Traffic Superintendent, Agents, &o 
 
 Wages of Conductors and Brakemen ,... 
 
 Wages of Pointsmen andPorteis 
 
 Fuel and General Stores 
 
 Car Oil 
 
 .Stationery, Printing and Tickets 
 
 Advertising and Time Tables 
 
 Miscellaneous Expenses 
 
 Travelling and other Expenses 
 
 -Clothing 
 
 Total as per Account No. 7 
 
 E.— GeneralJCharges. 
 
 ^Provision for Directors' Fees 
 
 Auditor's Fee :*. 
 
 ^Expenses of Head Offices 
 
 Travelling Expenses 
 
 ^Stationery and Printing 
 
 Insurance 
 
 Advertising 
 
 Kent, &o 
 
 Total as per Account No. 7 
 
TITLE XII.] RAILWAYS. 
 
 Dh. No. 9. — Net Revenue Account 
 
 417 
 r,p Chap. 53. 
 
 Dr. 
 
 No. 10. — General Balance Sheet. 
 
 Cb. 
 
 To 
 
 Sundry outstanding aoots.., 
 
 By Cash at banker's 
 
 " General stores, stock of 
 
 materials on hand 
 
 *' Traffic accts. due Co.. 
 
 " Sundry outstanding aoots.. 
 
 No. 11. — Mileage Statement at. 
 
 Miles. 
 
 No. 12. — Statement of Train Mileage. 
 
 Passenger Trains 
 
 Accommodation Trains 
 
 Fieight Trains 
 
 •Special Trains (Ballasting, &o.) 
 
 Certificate of Auditor. 
 
 I have examined the foregoing Accounts and Vouchers, 
 •and certify that they are a correct abstract of the books. 
 
 .Auditor. 
 
 28 
 
418 
 Chap. 53. 
 
 HAILWAYS. 
 
 SCHEDULE THEEE. 
 
 [part i^ 
 
 . Railway. 
 
 Eettjen of Traffic for Month ending 
 
 the corresponding Month, 18 
 
 18 , ancT 
 
 Date. 
 
 18 
 18 
 
 Passengers. 
 
 Freight and Lire 
 Stock. 
 
 Mails and 
 Sundries, 
 
 Total. 
 
 Miles open; 
 
 Increase... 
 Decrease , 
 
 Aggregate Traf[ic from 18 . . 
 
 Date. 
 
 18 
 18 
 
 Passengers. 
 
 Freight and Live 
 Stock. 
 
 Mails and 
 Sundries. 
 
 Total. 
 
 Miles open.- 
 
title xii.] railway companies and their creditors. 419 
 
 Chap. 54. 
 CHAPTER 54. 
 
 OF ARRANGEMENTS BETWEEN RAILWAY COMPANIES AND 
 THEIR CREDITORS. 
 
 1. In this Chapter the term ''company" shall mean Explanation of 
 any railway company constituted by any Act of the ™^' 
 Legislature of Nova Scotia. The term "action" shall 
 
 include suits or other proceedings. The term "judgment" 
 shall include decrees, orders or rules. The term " share " 
 shall include stock. The term "person" shall include 
 corporations. The term " creditor " shall include any 
 mortgagee or holder of debentures, stock or loan notes. 
 The term " court " shall mean the Supreme Court of this 
 Province ; and the term " Gazette " shall mean the Royal 
 Gazette of Nova Scotia. 
 
 2. A company may propose a scheme of arrangement scheme of ar- 
 between the company and their creditors (with or without '^'"'^*"'™ ' 
 provisions for settling and defining any rights of share- 
 holders of the company as among themselves, and for 
 
 raising if necessary additional share and loan of capital, 
 or either of them), and may file the same in the court. «" 
 
 3. After the filing of the scheme the court may, on °°^^^^\^iS. 
 the application of the company, on summons or motion in 
 
 a summary way rest' ain any action against the company 
 on such terms as the court thinks fit. 
 
 4 Notice of the filing of the scheme shall be published Notice of filing- 
 
 o 1 T 1 1 • bcneme. 
 
 in the Gazette and in two other newspapers published irj 
 the City of Halifax. 
 
 5. After such publication of notice, no execution, Executions &o., 
 
 "' ,r ...1 i liiToi available. 
 
 attachment or other process against the property ot the 
 company shall be available or be enforced without leave 
 of the court, to be obtained on summons or motion in a 
 summary way. 
 
 6. The scheme shall be deemed to be assented to byAs^sent of oredi- 
 the creditors when it is assented to in writing by three 
 
 fourths in value of such creditors. ^""-"^yi' 
 
 7 The scheme shall be deemed to be assented to by Assent of prefer 
 the preference shareholders of the company when it iSers. 
 assented to in writing as follows : — 
 
 If there is only one class of preference shareholders, 
 then by three fourths in value of that class; and if there 
 are more classes of preference shareholders than one, then 
 by three fourths in value of each such class. 
 
scheme. 
 
 420 KAILWAY COMPANIES AND THEIR CREDITOES. [PART I. 
 
 Chap. 54. 8. The scheme shall be deemed to be assented to by 
 
 Assent of ordT- the Ordinary shareholders of the company when it is 
 
 nwy sharehoid-a,ssented to at an extraordinary general meeting of the 
 
 company, specially called for that purpose in the usual way. 
 
 Proviso. 9. Provided that the assent to the scheme of any class 
 
 of holders of mortgages, bonds or debentures stocks, or of 
 any class of preference shareholders, shall not be requisite, 
 in case the scheme does not prejudicially affect any right 
 or interest of such class, 
 
 conflrmation of 10. If at any time within four months after filing of 
 the scheme, or within such extended time as the court 
 from time to time thinks fit to allow, the directors of the 
 company consider the scheme to be assented to as by this 
 Chapter required, they may apply to the court by petition 
 in a summary way for confirmation of the scheme. Notice 
 of any such application when intended shall be published 
 in the Gazette and in two other Halifax newspapers for at 
 least two months previous to such application. 
 
 Court may con- 11. After hearing the directors and any creditors, 
 in™ " '^"^ ^^^' shareholders or other parties whom the court thinks entitled 
 to be heard on the application, the court if satisfied that 
 the scheme has been assented to as required by this 
 Chapter, and that no sufficient objection to the scheme has 
 been established, may confirm the scheme. 
 
 Scheme to be 12. The Scheme when confirmed shall be enrolled in 
 
 the court, and thenceforth the same shall be binding and 
 eflFectual to all intents, and the provisions thereof shall, 
 against and in favor of the company and all parties 
 assenting thereto or bound thereby, have the like effect as 
 if they had been specially enacted by the Legislature. 
 
 Notice of con- 13. Notice of the confirmation and enrollment of the 
 finnation, scheme shall be published in the Gazette and two other 
 Halifax newspapers. 
 
 Copies of scheme 14. The Company shall' at all times keep at their 
 office printed copies of the scheme when confirmed and 
 enrolled, and shall sell such copies to all persons desiring 
 to buy the same at a reasonable price, not exceeding 
 twenty-five cents for each copy. 
 
TITLE XII.] CONSTRUCTION OF RAILWAYS. 421 
 
 Chap. 55. 
 CHAPTER 55. 
 
 OF MUNICIPAL AID IN THE CONSTRUCTION OF RAILWAYS. 
 
 1. In this Chapter, unles.s the context precludes MeininKofterma 
 such construction, the term "polling district" shall mean a'"""''^'''^'''- 
 polling district known as such in the election of members 
 
 to serve in the General Assembly; "rate-payer" shall 
 mean any male inhabitant of a municipality of the full age 
 of twenty-one yeai's, whose name appears on the assessment 
 roll last made up for the polling district in which such 
 person resides, and the term " railway company " or 
 " company " shall mean any railway company now incor- 
 porated or hereafter to be incorporated by Act of the 
 Legislature of this Province, and legally organized for the 
 transaction of business. 
 
 2. Any municipality may, when it shall have been so Municipalities 
 decided by a majority of the ratepayers thereof voting at ."''railwaVcom- 
 a poll taken as hereinafter provided, take stock in anyP™'^- 
 railway company, and may pay up the full amount of such 
 
 stock subsci'iption in the bonds of the municipality; and 
 such bonds shall be executed by commissioners duly 
 appointed for that purpose, and paid over to the treasurer 
 or other proper officer of the company, in full for ail claims 
 on account of such stock subscription. 
 
 3. Whenever and so soon as fifty rate-payers of any stieris to hoia 
 municipality shall make a request in writing to the sheriff''" ' 
 
 of the county to hold a poll for the purposes of this 
 Chapter, specifying the amount of stock proposed to be 
 taken, he shall within three weeks thereafter appoint a 
 day to take the vote of the rate-payers on the question of 
 taking stock to the proposed amount in the company, and 
 shall give fifteen days' public notice thereof by hand-bills 
 posted up in at least three of the most public places in 
 each polling district in the municipality, and by advertise- 
 ment in one or more newspapers, if any, published therein ; 
 and he shall appoint a presiding officer, a clerk and an 
 inspector for each polling district, who shall be sworn to 
 perform their respective duties faithfully. Such oaths may 
 be administered by the sheriff or by any justice of the 
 peace for the county. 
 
 4. The voting shall be dpen, and the presiding officei- voting, Ac, 
 shall ask each voter presenting himself, after his name shall 
 have been recorded by the clerk, the question, "Are you 
 ■in favor of the municipality taking stock ?" and the voter 
 shall answer "yes" or. "no," and the answer shall be 
 
422 CONSTRUCTION QF RAILWAYS. [PART I, 
 
 Chap. 55. entered by the clerk accordingly. The list of voters for 
 
 ' each polling district shall include the rate-payers on the 
 
 assessment roll last made up for each polling district. Any 
 
 voter about whose right to vote the inspector may entertain 
 
 a doubt may be required to take the following oath : 
 
 ■Oath. " I, A. B., do solemnly swear that I am the person 
 
 named as A. B. on the assessment roll of polling district 
 
 number in the municipality of ; that I 
 
 am of the full age of twenty-one years, and a rate-payer 
 residing in this polling district ; and that I have not this 
 this day voted elsewhere in this municipalifcv. So help 
 me God." 
 
 Poll to be open, 5. The poll shall be open from eight o'clock in the 
 ow ong, e. f(^fgjjQon until five o'clock in the afternoon ; and at the 
 close of the poll the book kept by the clerk shall be sealed 
 up and returned by the presiding officer to the sheriff with 
 all convenient speed. The sheriff shall within one week 
 thereafter at the court house in the county where such 
 vote has been taken publicly open the books and declare 
 the state of the poll. 
 
 Election law ap- 6. The laws in force in the Province for conducting 
 ^"* "' elections of members to serve in the General Assembly 
 
 shall be applicable to the poll to be taken under this 
 Chapter, so far as may be practicable and when not 
 inconsistent with the provisions of this Chapter. 
 Expenaes. 7_ ^he necessary expenses incurred under the authority 
 
 of this Chapter shall be a charge upon the municipality. 
 
 to'b™a^^'°rrd ^' -^^*-^^ *'^^ ^ote of the rate-payers is declared, and if 
 &c. 'a majority be found in favor of taking the stock, the 
 
 warden of the municipality shall without delay call a 
 special meeting of the council, giving at least two weeks' 
 public notice of the same by advertisement in a newspaper, 
 if any, published in the county ; and if there be no 
 newspaper published therein then by a written or printed 
 notice mailed to each member of the council at least two 
 weeks before the holding of such meeting ; at which 
 meeting the council shall appoint three commissioners to 
 draw up and execute bonds or debentures of and on behalf 
 of the municipality for such sum in the aggregate as the 
 rate-payers shall have voted to take in the stock of such 
 railway company. 
 Bo°''8- 9. The bonds shall be coupon bonds of the denomina- 
 
 tions of one thousand, five hundred, and one hundred dollars 
 respectively, and shall bear interest at the rate of seven 
 per cent, per annum, payable half yearly at the office of 
 the treasurer of the municipality, free from local taxation, 
 aad shall be redeemable in thirty years. The bonds and 
 
TITLE XII.] CONSTRUCTION OF RAILWAYS. 423 
 
 coupons attached shall be signed by the commissioners Chap. 55. 
 
 upon receipt of notice from the Provincial Secretary that 
 
 the company have satisfied the Governor-in-Council as to 
 
 their ability to build and complete the railway which such 
 
 company was incorporated to build, and that they have 
 
 become parties to an agreement with the proper officer of 
 
 the government to build and complete such railway. The 
 
 clerk of the municipality shall deliver such bonds to the 
 
 president of the company, who shall thereupon deliver to 
 
 him stock certificates of the' company to the amount so 
 
 taken and subscribed for by the municipality. 
 
 10. The stock certificates shall be deposited by the stookcertmcates 
 clerk of the municipality with such officers as may be 
 appointed by the council to receive the same, who are 
 hereby authorized to receive such dividends or interest as 
 may at any time be declared payable by the company on 
 account of such stock, and to pay the same forthwith to 
 the treasurer of the municipality. 
 
 11. The bonds and interest thereon shall be a charge Municipality to 
 upon the municipality; and all funds estimated to be the payment of 
 required for the payment of interest and sinking fund shall ''°"^^'*''' 
 be raised by an annual tax on real and personal property 
 therein, to be collected in the same manner as the 
 municipality rates ; and the clerk of the municipality shall 
 annually add to the sum voted for the general municipal 
 purposes a sum sufficient for the payment of such interest 
 and sinking fund ; and the sum so required for interest and 
 sinking fund shall be deposited at least annually in a 
 chartered bank in this Province, subject to the order of the 
 treasurer of the municipalitj' wherein such interest and 
 sinking fund shall have been assessed, to be applied by 
 such treasurer to the purposes of this Chapter. If, through 
 failure or neglect, such sum so required for such interest 
 and sinking fund be not so added, assessed and deposited 
 as in this section provided, the Supreme Court shall, upon 
 proof by affidavit of such failure or neglect, and upon 
 motion of any party interested, amerce such municipality 
 for the sum required to provide such interest and sinking 
 fund. For the purposes of such amercement the provisions 
 of Chapter 58 of the Revised Statutes, " Of Municipal 
 Assessments," shall apply. No informality in the proceed- 
 ings taken under the authority of this Chapter shall be 
 held to afiect the legality of such proceedings or the 
 liability of the municipality; provided the clerk of the 
 municipality or warden shall certify under his hand that a 
 majority of the rate-payers voting as aforesaid are in 
 favour of the municipality taking stock as aforesaid. 
 
424 CONSTRUCTION OF RAILWAYS. [PART I. 
 
 Chap. 55. 12. The municipality shall, while holding the before 
 Municipauty to mentioned amount of stock, be entitled to representation 
 by director"*''' 0° ^h'^ board of directors of the company by one director, 
 who shall be appointed annually by the council. Such 
 appointment may be made by ballot or otherwise, and in 
 case the place of such director becomes vacant by resignation 
 or otherwise, another director shall be appointed by the 
 council ; and at all general or special meetings of the 
 company such director shall represent the stock of the 
 municipality, and shall be entitled at such meetings to cast 
 not less than ten votes or such number as may be allowed 
 by the by-laws of the company. 
 
 stock may he 13. Such stock held bv the municipality or any part 
 
 sold at auction. ., p , iiiiT i- i -i. 
 
 thereoi may be sold by public auction or by private 
 contract, and a transfer thereof effected by the warden and 
 clerk of the municipalty, if so decided by a majority of the 
 council at a special meeting called for the purpose and 
 advertised for at least sixty days in one or more newspapers 
 published in the county, if anj', or if there be none, by 
 hand-bills posted in various parts of the municipality ; but 
 no such sale shall take place if a petition in opposition 
 thereto signed by one third of the rate-payers of the 
 municipality be presented at a meeting of the council. 
 
 Failure to ap- 14. In case of the failure or neglect of the council to 
 sioners.*^"'"™'' appoint commissioners as provided in the eighth section, 
 the Supreme Court shall have power to appoint a person 
 or persons to perform the duties of such commissioners. 
 
TITLE XIII,] COUNTY INCORPORATIOKS. 425 
 
 Chap. 56. 
 
 TITLE XIIl. 
 
 OF MUNICIPAL GOVERNMENT. 
 
 CHAPTER 56. 
 
 OF COUNTY INCORPORATIONS. 
 
 1. The inhabitants of every county and district in this incorporated 
 Province, namelj^ Colchester, Cmnberlknd, Pictou, Halifax,rtriott """ 
 West Hants, East Hants, Kings, Annapolis, Digby, Clare, 
 Lunenburg, Chester, Queens, Shelburne, Barrington, 
 Yarmouth, Argyle, Antigonish, Guysborough, St. Mary's, 
 
 Cape Breton, Victoria, Inverness, and Richmond, shall be a 
 body corporate, under the name of the Municipality of the 
 respective county or district as the case may be, shall have 
 a perpetual succession and a common seal, with power to 
 break, renew or alter such seal at pleasure, and shall be 
 capable of suing and being sued, of pleading and being 
 impleaded, in all courts and places whatsoever, of purchasing, 
 acquiring and holding lands and tenements and other real 
 and personal property within such municipality for the 
 use of the inhabitants thereof in their corporate capacity, 
 and of making and entering into such contracts as may be 
 necessary for the exercise of their corporate functions, and 
 the powers of the corporation shall be exercised by and 
 through and in the name of the municipality of such 
 county. 
 
 2. Nothing in this Chapter contained shall interfere incorporated 
 
 ..,,.., i • ii i • •! • <: cities and towns. 
 
 With, limit or restrain the corporate powers or privileges or 
 any city or incorporated town, nor shall this Chapter 
 extend to or include within the municipality of any county 
 any city or incorporated town ; and the term " county " 
 shall, except when enlarged by the context, mean that part 
 of the county or district within the territorial jurisdiction 
 of the county council. 
 
 3. The council shall consist of a warden and councillors, warden and 
 The warden shall be head of the council and shall preside °°™'""°''"- 
 at all its meetings. The warden and councillors shall serve 
 
 until their successors shall be sworn into office. 
 
 4. The council elect and sworn shall at the first warden, how 
 meeting next after their return choose from among them- '■''°''"- 
 selves a warden, who shall hold office until the next election 
 
 pf councillors : should a vacancy occur in the office of 
 
426 COUNTY INCORPORATIONS. [PART I. 
 
 Chap. 56. warden, the council at its first meeting thereafter shall 
 
 elect a warden; but during his temporary absence they 
 
 may choose a chairman from tj^e members present ; and 
 
 should a majority of the councillors not agree upon the 
 
 choice of a warden, then the Governor-in-Council shall 
 
 appoint one of the councillors warden. 
 
 Appointment of 5. The council shall from time to time as occasion 
 
 a deputy warden gj^g^lj j,gqyjj.g ggigct one of its members as a deputy warden, 
 
 to act in the absence or illness of the warden, and such 
 
 member when notified in writing by the clerk of the 
 
 municipality and any three councillors that the warden is 
 
 absent or unable to fulfil his duties shall have all the 
 
 power and authority of the warden. 
 
 Clerk to preside 6. At the first meeting of every municipal council 
 
 "after a general election of councillors the person holding 
 
 the office of clerk shall preside until the warden be elected, 
 
 unless a chairman be appointed by the councillors elect, 
 
 and it shall not be necessary for the outgoing councillors 
 
 to attend. 
 
 Time of election 7. The election of councillors shall be held on the 
 
 of councillors, ^j^jj,^ Tuesday of November of every alternate year, and 
 
 shall be conducted by presiding officers named by the 
 
 councils. 
 
 Elections where 8. The elections shall take place in and for each of 
 
 ber to be return- the polHug districts laid off for the election of members to 
 
 "'^' serve in the General Assembly as they may exist at the 
 
 time of the election, irrespective of the subdivisions made 
 
 or authorized by Chapter 4 ; and each district shall return 
 
 one councillor, except the districts mentioned in Schedule 
 
 A to this Chapter, which sections shall return the aumber 
 
 of councillors therein specified, and the election shall take 
 
 place in and for the several counties or districts mentioned 
 
 in this Chapter as therein directed. 
 
 Notice of eiec- 'J. It shall be the duty of the presiding officers to give 
 
 ow s"en. ^^ least ten days' public notice by handbills of the times 
 
 and places of holding the election, and post the same on 
 
 three of the most public places in each district; and the 
 
 persons appointed by the council shall preside at all such 
 
 j^^^F^^^to^s^ppiy elections. It shall be the duty of the municipality clerk 
 
 siding officers, to Supply the presiding officers with such notices. 
 
 and do^°''™''if ^^' -I^^'^ry election shall commence at half-past eight 
 
 osingpo ■q'^.Jqj,]^ Jjj j.j-|g morning, and the poll shall be kept open 
 
 until five o'clock in the afternoon. 
 
 Nomination of 11. IVo peison shall be a candidate unless he shall 
 
 candidates, and i i 'ii- ■,• i ,i,. 
 
 notice thereof, uave been nominated m writing by at least six persons 
 who are qualified to vote at the election for which he shall 
 be nominated ; such nomination shall be filed with the 
 presiding officer of the polling district for which such 
 
tflTLE XIII.] .COUNTY INCORPORATIONS. 427 
 
 teandidate is nominated at least ten clear dayS before the Chap. 56. 
 time for holding such election. The presiding officer shall, ~ 
 if required, give a receipt for such nomination, and shall, 
 immediately after the time within which such nomination 
 may be made cause public notice to be given in a newspaper 
 published in the county, or by notices posted up in at 
 ieast three of the most public places in the polling district 
 for which such candidate is nominated. Any neglect or 
 omission of duty under this section on the part of the 
 presiding officer shall not invalidate any election. The 
 presiding officer however shall be liable in case of any 
 violation, neglect or omission of .duty to a penalty of fifty 
 dollars, with twenty days' imprisonment in case of non- 
 payment. . 
 
 12. In the event of no more than the required number when^ E^hlir' 
 of candidates having been nominated for any district 
 
 within the time in this Chapter fixed for nominations, the 
 
 person or persons so nominated shall be declared elected 
 
 by the presiding officer, and it shall be unnecessary to hold 
 
 any election in any .such district. If more than the when election to 
 
 required number shall be nominated, a poll shall be held ^'^ '"'''*' 
 
 on the day appointed. 
 
 13. The voting; for councillors shall be by ballot : the voting to be by 
 names of the candidates shall be written or printed on 
 
 white paper and delivered by the elector to the presiding 
 officer, who shall satisfy himself that the ballot is single 
 and deposit it in the ballot box without reading ; at the 
 hour of closing, each candidate, or in his absence some one 
 on his behalf, ma}' choose an elector, to be sworn before 
 the presiding officer as tellers, and the pre-siding officer 
 shall publicly open the ballot box and take out each ballot 
 separately and read the names thereon, so that each teller 
 may take them down ; when all are read and taken down 
 the presiding officer shall state the number of votes polled 
 for each candidate and declare those having the largest 
 number of votes elected ; the presiding officer in addition 
 %o his vote as an elector shall give the casting vote if 
 necessary. 
 
 14 The proclamation and summons of the presiding Notice to ooun- 
 
 „ ■ ,, ," . , -ii 1 i i. • cillor elect. 
 
 officer shall be notice to every councillor elect present in 
 person or by an authorized agent or clerk ; councillors elect 
 not so present shall be immediately after the election 
 notified and summoned by the presiding officer by mailing 
 '&, notice of their election to their address. 
 
 15. Before the presiding officer shall allow any votes Presiding officer 
 !to be polled he and the clerk he may employ shall take ""^ •^''"' ''^°"- 
 the oath in the schedule annexed before, a justice of th$ 
 
428 COUNTY INCORPORATIONS, [PAET I. 
 
 Chap. 56. peace, and they shall certify such oath in the poll book for 
 the election. 
 
 Vote, where to 16, No persoH shall vote except in the district in 
 
 be given. ^hich his name is recorded in the list of voters, for 
 
 such district. 
 
 Quaiiflcation of 17. Municipal electors shall have the same qualification 
 and be liable to the same objections, questions and oaths^ 
 as electors for members of Assembly shall at the time by 
 law be required to have and be subject to; and the- 
 objections shall be taken and questions and oaths put and 
 administered as the law regulating elections of membera^ 
 of Assembly shall require. 
 
 Qaaiiflcations of jg. No pcrson shall be qualified to be elected or serve 
 as councillor who shall not at the time of the election be 
 possessed of the same qualifications as are required in the 
 case of members of the House of Assembly. 
 
 Disqualification. 19. None of the following persons shall be elected a 
 councillor or be appointed to office by any council ; nor 
 shall any person continue to act as councillor or hold any 
 office under a municipal council after becoming one of the 
 persons disqualified as follows : 
 
 Clergymen, &c (1.) Persons in hol3' orders, or ministers, or teachers of 
 any religious sect or denomination. 
 
 Sheriffs. (2.) Thesherifi-. 
 
 Contractors. (3.) Any pcrson having a contract or share or interest 
 
 in a contract with the municipality. 
 
 Judges. (4.) Justices of the supreme and county courts and 
 
 judges of probate. 
 
 Exemptions. 20. The following persons shall be exempt from being 
 
 elected councillor or serving in any municipal office unless- 
 with their own consent. 
 
 Legislators, &c. (i^^ Senators and members of the House of Commons, 
 members of the Executive or Legislative Councils, members- 
 of the Legislative Assembly, schoolmasters actually engagedi 
 in teaching, persons more than sixty years of age. 
 
 Retired Coun- (2.) Persons who have served as councillors or in any 
 municipality office, or paid the penalty for refusing, shall 
 be exempt during the four years next after such service or- 
 refusal. 
 
 Office under gov- 21. The holding of any office or employment under 
 
 disquauty!"" the Government of Canada or the Government of Nova 
 Scotia shall not disqualify any person for election as a- 
 councillor, 
 
 sidiif^officer''"' ^^' ^^^ presiding officer at an election of councillors 
 during the time of such election shall be a conservator of 
 the peace, and shall be invested with the same powers for 
 the preservation of the peace, the apprehension, committal,, 
 holding to bail for trial, or trying or convicting offenders^ 
 
TJTLE iXlIL] COUNTY INCOBPORATIONS. 429 
 
 as are vested injustices of the peace under any Act of this Chap. 56. 
 
 Province ; and for the purpose of preserving peace and 
 
 ^ood order all justices of « the peace residing in the district 
 ■shall attend at the election, upon being notified in writing 
 by the presiding o:^cer, and such officer may command the 
 assistance of all justices, constables and other persons 
 present at the election, and may swear in as many special 
 •constables as he thinks fit ; he may commit any person for 
 a breach of the peace or for molesting or threatening any 
 ■elector at or coming to or returning from the election, or 
 for any violation of good order, to the custody of any 
 constable or person present on view for such time as he 
 deems^ expedient, or may by writing under his own hand 
 •commit the offender to the common jail of the county for 
 any period not exceeding ten days, and anj^ justice of the 
 peace or other person present at the election who shall 
 neglect to aid or assist the presiding officer during such 
 election when requested by him shall incur the same 
 penalty. 
 
 23. No person who may be elected a councillor shall oaths to be 
 act in that capacity until he shall have taken and subscribed cmors.*"^' ™""' 
 before a justice of the peace for the county, or the sheriff 
 in the case of the first election, and in case of subsequent 
 elections before the warden or municipality clerk, the oath 
 of allegiance to Her Majesty and also the oath of office and 
 qualification ; such -oath shall be taken and subscribed by 
 each councillor duly qualified at the first meeting of the 
 council after his election, or otherwise within ten days after 
 notice of his election, and in default thereof such person 
 shall be deemed to have refused to accept the office of 
 councillor, and shall be liable to pay the municipality clerk 
 such fine, not exceeding forty dollars nor less than twenty 
 dollars, as the by-laws of the council shall prescribe, 
 provided that no person elected a councillor shall be subject i"™™". 
 to a penalty for not taking the required oaths if he be not 
 qualified, which fact he shall be required to verify on his 
 own oath before a justice of the peace on first election, and 
 before the warden or municipality clerk on subsequent 
 elections ; provided that the council may extend the time for 
 any councillor to take and subscribe the oaths of office and 
 ■qualification on reasonable cause shewn to the satisfaction 
 ,of the council. 
 
 ■ 24 In case of the death or resignation of any councillor, ^^°how JuppUe'd 
 or his permanent absence from the municipality, or absence 
 for more than six months, or incapacity after election, or 
 refusal to accept' office, or neglect to be, sworn, or in case of 
 a vacancy occurring from any other cause, the warden of 
 the county shall issue a warrant under his hand and seal 
 
430 COTJNTY INCOEPOEATIONS; [PART Fk 
 
 Chap. '56. to the presiding officer, requiring him to hold an election? 
 in the district to elect some other person to fill the vacancy, 
 and such election shall be conducted in the manner- 
 prescribed in this Chapter for holding elections, but no- 
 warrant shall issue for an election to supply a vacancy 
 within three months of the annual election. '■ 
 
 Returning- officer 25. Every returning officer or person holding any. 
 
 oaths.™™ ^ election under this Chapter shall have power to administer 
 all oaths and affirmations required to be administered or 
 taken at any such election. 
 
 Oath of office to 26. Every officer who shall be elected or appointed" 
 under this Chapter shall before entering on the duties of 
 his office take and subscribe the general oath of office 
 contained in the schedule, unless officers for whom the- 
 schedule contains a special oath of office. 
 
 Resignation of 27. A Warden or councillor may resign his office at- 
 
 *'"°*' any time by a declaration to that efiect under his hand, 
 
 and on payment of a fine of forty dollars. 
 
 Occasional 28. The Warden or councillor elected to fill an 
 
 occasional vacancy shall hold office for the residue of the 
 term of the person whom he succeeds, but no longer, bufi- 
 he shall be capable of re-election if qualified. 
 
 Councillor not to 29. Any person elected councillor who shall have been' 
 
 hold license for . i rr* i n i • i i j! i i t t J! > 
 
 or sell intoxica- sworn into omce shall be incapable or holding a license lor 
 ting liquors. ^j^g gg^|g ^f intoxicating liquors, and any councillor whO' 
 shall be convicted of selling intoxicating liquors contrary 
 to law shall thereby vacate his seat as such councillor, and 
 his place shall be supplied in the same manner as if he hacf 
 resigned his seat. 
 Meeting of ooun- 30. On the secoud Tuesday of January in all thei- 
 municipalities, except Yarmouth, and in Yarmouth on thei- 
 third Tuesday of January, after the annual elections the- 
 councillors elect shall meet at the county court house, and 
 in any municipality in which there is no such court house 
 in the room or place heretofore used for meetings of the 
 sessions or municipal council, or in such place as the council" 
 shall have appointed, and the municipality clerk having 
 produced the returns of the presiding officers, and the seals- 
 being then and there broken and the returns examined^ 
 the councillors elect shall be sworn into office. 
 Qnommofcoun- 31. A majority of the council shall be a quorum for 
 "'• the transaction of business ; a smaller number may adjourn 
 
 from time to time, and absent members may be compelled 
 to attend under such penalties as may be provided hy 
 by-law of the council. All questions arising in the council 
 shall be decided by a majority of votes ; and the warden or 
 temporary chairman shall have a right to vote on all ques-- 
 tions before the council ; and in the event of a tie when a 
 
 cillors elected. 
 
TITLE XIII.J COUNTY INCORPORATIONS. 431 
 
 vote is taken the question then put to the council shall be Chap. 56. 
 considered as passing in the negative. 
 
 32. There shall be two regular meetings of the council Meetings of 
 in each year ; the first, herein designated the annual meet- °°"""'' 
 ing, shall be held at the county court or district court, 
 house, on the second Tuesday of January, except in the 
 municipality of Yarmouth, where the annual meeting shall 
 
 be held on the third Tuesday of January ; the second, 
 herein designated the half yearly meeting, shall be held at 
 such time and place as the council may by by-law appoint ; 
 provided that until such appointment by by-law be made, 
 the said meeting shall be held as by Chapter 1 of the Acts 
 of 1879 provided or any amendments thereof. 
 
 33. Besides these regular meetinofs, the council mav*'^°'\°*'^.'°I'*®* 
 meet as orten as expedient tor the despatch of business, at neas. 
 
 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 com- 
 mittees to act during the session and recess. If anj- 
 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. 
 
 34. The warden, on application of at least one third special meetings,. 
 of the councillors, shall call special meetings; the notice 
 
 shall specify the object thereof, and be posted up in some 
 public place in each district, and each councillor shall be 
 served with a copy thereof personally or by leaving the 
 same at his residence at least five days before the meeting, 
 or by sending notice post paid to his address at least ten 
 days before the meeting. In case of absence from the 
 Province of the warden, or in case of there being no 
 warden, the clerk, on the application of three members of 
 the council, shall call a special meeting in the same manner 
 and for the like purposes as the warden. 
 
 35. The warden and councillors shall be paid, that is ^^^^JJj^ "-"^^ 
 to say : the warden by a salary to be established by the paid. 
 council, not to exceed $50 besides travelling expenses, and 
 
 the other councillors according to their actual attendance at 
 meetings of the council at such rate as the council by 
 by-law shall determine, not to exceed two dollars per day 
 and travel at the rate of five cents per mile for once 
 going to and returning from every meeting. 
 
 36. The warden and councillors shall respectively bei'i»'™'y">S'i«* 
 liable to such fines for non-attendance or other neglects as 
 
 the council by by-law may appoint, of which the clerk 
 shall keep a correct account; nor shall any of them be 
 authorized to receive any payment for salary or fees until 
 such fines as may stand against them be deducted. 
 
432 COUNTS INCORPORATIONS. [PART L 
 
 Chap. 56. 37. The council shall have power to make, and from 
 Bjr.iaws, rules tittle to time to alter, such rules arid regulations as may be 
 and regulations, jequisite for the conduct and good order of its proceedings, 
 
 arid such by-laws touching any matters within its authority 
 
 as it may judge proper. 
 
 COUNTT OFFICERS. 
 
 TOiSrty'Sera!" ^^- ^^^^ council shall appoint a clerk and a treasurer, 
 who shall respectively perform the duties assigned to them 
 by the council and all duties and powers imposed on them 
 by law, and the council shall prescribe the duties of such 
 officers, and the security to be given for the faithful per- 
 formance thereof ; and may appoint a deputy clerk when 
 they deem it necessary, who shall perform all the duties of 
 the clerk under this Chapter. The clerk may himself appoint 
 a deputy, who shall perform all his duties in the event of 
 his temporary absence, illness or other incapacity, and the 
 clerk shall be responsible for all acts and omissions of his 
 deputy. 
 
 Eligibility of 39. None of the following persons shall be elected, 
 
 clerks of any municipal council, nor shall any person con- 
 tinue to act as clerk of a municipal council after becoming 
 one of the persons disqualified as follows : Senators, mem- 
 bers of the House of Commons, members of the Legislative 
 Council, members of the House of Assembly, or the busi- 
 ness or professional partner of any or either of the persons 
 thus disqualified. 
 
 Duties of clerks. 40. The general duty of the clerk shall be to record 
 in a book all the proceedings of the corporation, and state 
 an exact account of the attendance of each councillor at 
 each meeting, make regular entries of all resolutions and 
 decisions, and if required by any member present to enter 
 the votes as given, and to preserve and file all accounts, 
 and to keep the books, records and accounts of the corpo- 
 ration, which shall be open, without fee or reward, to the 
 inspection of all persons, being ratepayers of the munici- 
 pality, at all seasonable times and hours. 
 
 mrer °' ^^^' ^^- '^^^ treasurer shall be appointed annually. It 
 shall be the duty of the treasurer to receive and safely 
 keep all monies belonging to the municipality, or which he 
 shall be appointed to receive, and keep and pay out the 
 same to such persons and in such manner as he shall be 
 directed to do by any lawful order of the municipal cor- 
 poration, or by any law of the province, and strictly to 
 conform to and obey, any such law or any by-law lawfully 
 made by any such municipal corporation, and faithfully to 
 perform all such duties as may be assigned to him by any 
 such law or by-law ; and every treasiirer shall annually 
 
TITLE XIII.] COCfNTY IXCORPORATIONS. 483 
 
 give such security for the faithful performance of the duties Chap. 56. 
 of his office, and more especially for the due accounting for 
 and paying over all monies which shall come into his hands 
 by virtue of his office, as the municipal corporation by 
 vfhich he was appointed shall direct. 
 
 42. The council shall make such by-laws or resolu-Durationofofficc 
 tions as to the duration of the office of the clerk as to them°*°'^'*' 
 shall seem fit. 
 
 43. The council shall make such by-laws or resolu- By-iaws as to 
 tions as to the number of offices to be held by one person, ° 
 
 as to the holding of offices by partners of municipality 
 officers, and as to officers having an interest in an^' 
 work undertaken for the municipality, as to them shall 
 seem fit. 
 
 44. The council, at its first meeting in each year or as Appointment ot 
 soon after as practicable, shall appoint two persons to jjg '=""" ^ *" ""'^• 
 county auditors. No person shall be appointed auditor 
 
 who is a member of the municipality council or one of the 
 officers, or who was a councillor or officer at any time 
 within a year previously, or who shall directly or indi- 
 rectly, by himself or partner, have any share or interest in 
 any contiact with the municipality council, or any employ- 
 ment under them. No municipality auditor shall act as 
 such unless he shall have the qualification required for a 
 councillor, and shall have previously made and subscribed 
 the oath of office and qualification. 
 
 45. It shall be the duty of the municipality auditors Auditors' duty. 
 to examine and audit the accounts of the treasurer, and all 
 
 other accounts of the council or corporation, or in which 
 the municipality is concerned ; and all such accounts as 
 may be referred to them by the council for special examina- 
 tion, and report as instructed ; and it shall be the duty of 
 the council to refer to them ail such accounts, and their 
 duty faithfully to report thereon without needless delay. 
 
 46. The rnunicipality auditors shall have authority to Auditors' auth- 
 
 , . ^ . '' , 1 1 ority and com- 
 
 call for all books and vouchers they may deem necessary pensation. 
 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 or ratepayer of the 
 municipality. The council may make such compensation to 
 the municipality auditor!? as they may think right and 
 proper from time to time. 
 
 47. The treasurer, overseers of the poor, assessors, Tenure ot offloe. 
 collectors, and other officers whose term of office is not by 
 
 this Chapter, or shall not be by by-law of the corporation, 
 29 
 
office. 
 
 434 COUNTY INCORPORATIONS, [PAET 1 
 
 Chap. 56. otherwise determined; shall hold office from the time of 
 their appointment, or from the time by the council fixed 
 for its commencement, until the first annual meeting in 
 January next after or until their successors be appointed, 
 except surveyors of highways and commissioners of streets, 
 who shall enter upon their duties on the first day of April 
 in each and every year. 
 
 Oath of office. 48. Every person elected or appointed under this 
 
 Chapter to take any ofiice shall, before he shall enter upon 
 the duties of his office, take and subscribe the general oath 
 or qualification contained in the schedule of oaths. 
 
 Qualification for 49. No person shall be qualified to vote or to be elected 
 or appointed to any office under this Chapter who shall not 
 at the time of his voting, election or appointment be a 
 natural born or naturalized subject of Her Majesty, her 
 heirs or successors, and of the full age of twenty-one years. 
 
 Forfeiture for 50. Every qualified person duly elected or appointed 
 
 fulir-' "" "^^ to any office in, by or under the municipality in cases not 
 herein expressly provided for, who shall refuse such office, 
 or neglect to take the several oaths or affirmations required 
 by this Chapter in respect thereof within ten days after 
 his election or appointment, having had notice of such 
 election or appointment ; and every person who shall enter 
 on the duties of an office under this Chapter without 
 having taken the oath required in respect of such office ; 
 and every person duly authorized to administer such oaths 
 or affirmations who shall refuse to administer the same 
 ■when such administration is reasonably demanded of him ; 
 shall thereupon respectively forfeit such sum, not more 
 than eighty dollars nor less than eight dollars, as may be 
 prescribed by the by-laws of the municipal corporation, to 
 be paid to the clerk of such corporation for the use thereof ; 
 provided that such forfeiture shall not be incurred by any 
 person not legally qualified, or who shall be legally exempt, 
 and who shall verify that fact on bis oath. 
 
 Vacancies, how 51. Whenever the council shall neglect or omit to 
 
 """' appoint any officer required to be appointed by any law in 
 
 force in the Province, or if any person so appointed shall 
 die, resign, leave the Province, or refuse to act, or when 
 any office shall become vacant in any manner, it shall be- 
 lawful for the warden and any three councillors to fill any 
 such vacancy ^ and the person or persons so appointed 
 shall have the same powers, duties and liabilities as if 
 appointed by the conncil, and shall hold office until the 
 council shall apppoint another person or persons to 611 the 
 vacancy, which the council may do at any time. 
 
 Clerk to post 52. The clerk of the municipality shall cause lists of 
 
 ail oincers appointed by the council tor the several town- 
 
 flllcd. 
 
 lists of ofHcerB. 
 
TITLE XIII.] COUNTY INCDRfORATlOlfS. 435 
 
 Tships or districts to be posted in at least three of the most Chap.- 56. 
 public places therein within one week from the meeting of 
 isuch councils. 
 
 53. All officers appointed by the council shall be offloera may be 
 eligible for reappointment annually, and may serve in one '■^"pp"'"'"''- 
 or more offices^ except municipal clerks and treasurers, who Exceptions, 
 shall not be eligible to hold both of said offices conjointly 
 after the annual meeting of the coancil in January, 1885 ; 
 provided that commissioners of streets shall not be obliged 
 to act more than one term in succession. 
 
 ■54. Surveyors of highways shall make their returns suweyors of 
 to the cVerk of the municipality at least twenty days before mak^etur's. 
 the annual meeting of the council, under penalty of two 
 •dollars for each default. 
 
 VOVim PROfBRTY. 
 
 55. The municipalities shall have authority for the Municipal coun- 
 purchase, acquirement and management of all such real^jj,,*^,]^™;^;™; 
 and personal property within the municipality as may beP'op^'y- 
 required for the 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 
 repair of the municipality court house, jail, lock-up house, 
 town hall and all other buildings required by or being 
 upon any land belonging to the municipality ; and all 
 property of every description belonging to the munici- 
 pality or any distract or districts, or which is now vested 
 in the trustees of public property for the county or district 
 hereby incorporated, shall vest in and be under the 
 management and control of the municipal council. 
 
 56. All lands granted, conveyed, reserved or dedicated, Pubiio property 
 or which may have been procured, or for twenty years iJJXu'steernow 
 before the passing of this Chapter shall have been used,^?^^^^^^^'" "■""" 
 for public ipurposes in the county or district, whether for 
 
 the site of any court house, jail or lock-up house, or for 
 the public purposes of the county or disteict generally, 
 with the buildings and appurtenances thereon or thereto 
 belonging, and all lands and buildings hereafter procured 
 or given for the public purposes of the county or district 
 general-ly, and which heretofore were vested in the trustees 
 of public property, shall vest in the municipality for the 
 public uses for which the same may have been originally 
 intended. 
 
 57. No lease shall be made hereunder for a longer Limit of lease. 
 period than twenty-one years. 
 
436 COUNTY INCOBPOEATIONS. [PART I. 
 
 Chap. 56. 58. The municipal council may make by-laws for the 
 By-laws concern- better regulation of such lands and buildings, and affix 
 ert ^how°made" Penalties for breach thereof. 
 
 Lands and pro- 59. Nothing in the four next preceding clauses con- 
 Fro'S'opSion tained shall affect any place of divine worship, burial 
 of Chapter. ground, College, academy, school, or any land thereto 
 belonging, or any land belonging to any religious congre- 
 gation or society, or any lands vested in the supervisors 
 of public grounds under the chapter " Of Supervisors of 
 Public Grounds," or shall deprive any person of any right 
 lawfully acquired; nor shall anj'thing herein contained 
 affect any lands or buildings now vested in trustees, or 
 the necessary control of the sheriff over the court house 
 and gaol. 
 
 Municipalities 60. It shall be lawful for any municipality to receive 
 
 may be trustee!!. (jgg(jg gjj^ grauts of any property, real, personal or mixed, 
 
 either absolutely or upon any trust which may be expressed 
 
 therein, and the municipalities are and each of them is 
 
 hereby authorized to do all things which may be needful 
 
 for carrying out any such trust. 
 
 crowniandsmay 61. It shall be lawful for the Governor-in-Council to 
 
 be granted. grant to any municipality any land or lands wholly or in 
 
 part covered with water which are vested in the Crown 
 
 and are under the control of the Local Legislature or of 
 
 the Governor-in-CouHcil, either absolutely or upon any 
 
 trust of a public nature, or for the benefit of the inhabitants 
 
 of the municipality or of the public, and such grant may 
 
 be made without compensation being required therefor. 
 
 Powers of muni- 62. The municipalities may vote, assess, collect, receive, 
 
 oipaiitiea. appropriate and pay whatever monies are required for 
 
 purposes named in the fifty-eighth chapter of the Revised 
 
 Statutes, and shall have all the powers and authority 
 
 conferred under that chapter, and shall carry out the 
 
 objects of that chapter as nearly in conformity with the 
 
 mode it directs as shall be' cqnsistent with this Chapter 
 
 and the incorporation thereunder, and it shall be lawful in 
 
 each uiunicipalitj' for the council to add to the sums which 
 
 are required to be raised, and which the " council are 
 
 authorized to raise, by assessment, such sums as may be 
 
 deemed sufficient to make up any deficiency likely to be 
 
 caused by rates being uncollected. 
 
 Appointment of 63. The municipalities, for raising the moneys required 
 
 S?r"*"*°°''"'™d6'' ^^'^^ chapters and which may be required for any 
 
 other township, district, or county purposes, shall at the 
 
 annual meeting in January appoint a suitable number of 
 
 assessors and collectors, prescribe their duties, and allot 
 
 their limits within which to act. Casual vacancies shall be 
 
 tilled by the council, if such vacancies occur within a month 
 
TITLE XIII.] COUNTY INCORPORATIONS. 437 
 
 before either re_a;u]ar meeting of the council, and in other Chap. 56. 
 cases as provided in section twenty-four of this Chapter. 
 
 64. The municipal financial year shall end on the Financial year, 
 thirty -first day of December, and all accounts of the several 
 ofiicers and of the municipality shall be audited, examined, 
 determined upon, and passed, as far as possible, at the first 
 annual meeting in January. 
 
 6-5. Orders for assessment may be made by the council order tor assess- 
 at any regular meeting or special meeting called for that""™*' 
 purpose. 
 
 66. When it is necessary to raise any sum of money <^™""fc'™*'""'*- 
 for the payment of the contingencies of the county, or of 
 
 any thing chargeable upon the contingent fund of the 
 county, or to meet a.ny deficiency in such fund, the county 
 council may order the same to be assessed, levied and col- 
 lected. 
 
 67. The county council at any semi-annual meeting JJ,^^*^"* ^^'"^^ 
 are authorized and empowered to order an assessment to be 
 
 made against any certain district or districts in their muni- 
 cipality that may at any time be indebted to the county, 
 for the whole or part of such indebtedness, as may be 
 deemed advisable by the council, or they may order a por- 
 tion of the same to be assessed at one time and a portion 
 at another ; and the amount so ordered to be assessed shall 
 be included in the general warrant of assessment against 
 the district ; and shall be assessed and collected in the same 
 manner as other district rates are assessed, levied and col- 
 lected, and when so collected shall be applied to the 
 payment or reduction of the debt due by the district from 
 which it has been collected. 
 
 68. All debts, liabilities, and obligations of every kind ^;J^^^]:^g(^iJ^^jJ^ 
 which may be due or owing, or to which any county or 
 
 district hereby incorporated may be liable at the time of 
 its incorporation, shall be assumed, paiil, and performed by 
 the municipality council, and be recoverable from the same 
 by action or otherwise, on the same terms and conditions as 
 the same should have been paid and performed if the county 
 or district had not been incorporated ; and all property of 
 a public nature and debts of every kind, belonging or owing 
 to any county or district hereby incorporated, shall at the 
 time become vested in and due and payable to the munici- 
 pality council ; but no municipality council shall issue or 
 authorize the issuing of any bill or note, or in any way act 
 or authorize any persons to act as bankers. 
 
 69. In assessing any rate or tax, the municipality Rates how to be 
 council shall be governed in all things by the laws now or"^^^^''^ ' 
 hereafter to be enacted for the levying and collecting of 
 
 pool- and county rates, except as herein provided ; and the 
 
458 COUNTY INCORPORATIONS. [PART I. 
 
 Chap. 56. same shall be apportioned and assessed equally on all 
 property 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 propert}', real or personal, of 
 Her Majesty, her heirs or successors, of in possession of the 
 Board of Ordnance or of the Dominion Government. 
 
 Percentage, &e., 70. All allowances Or per centage granted by law to 
 
 to be continued. n , , , i ii i • 
 
 any coJlector or eountj' treasurer, and all salaries, wages 
 and allowances of any kind enjoyed by any county, town 
 or district officer, shall continue to be paid after the incor- 
 poration of any county or district, until otherwise ordered 
 by the municipality council. 
 Abstract to be 7i_ ^^ jg^st ten days before the meeting of the 
 
 laidbefo.eLegis- -.^ . . , ^ • i i ^ in • 
 
 lature. I'rovincial Legislature the wardens shall transtnit an 
 
 abstract of the receipts and expenditures of the munici- 
 pality during the preceding year to the Governor, who shalt 
 lay the same before the Legislature. 
 
 perty^'^ P™- 72. Nothing in this Chapter shall extend to any toll 
 bridge or road belonging to any company or individuals^ 
 nor to any woik under the control of the Imperial, Dominion 
 or Provincial Governments, or of the military authorities. 
 
 Fines and penal- 73. All fines and penalties imposed by any by-laws of 
 es, recovery o . ^^^ municipality councils, and for the recovery of which no 
 other provision is made, may be recovered with costs by 
 suit and execution, as in the case of debts, in the name of 
 the corporation, before any justice or justices of the peace 
 for the county, or in the county court for the district, and 
 all fines and penalties when recovered shall be paid and 
 applied as the by-law shall direct, or when not specially 
 provided for to be paid into the treasurer for the use of the 
 municipality. No informer or other person who is to 
 receive for his own benefit any part of a fine or penalty 
 shall be a competent witness for the prosecution, unless he 
 first relinquishes in writing all claim to his proportion of 
 the fine or penalty ; in such case the whole penalty shall 
 be applied as the by-law shall direct for that portion which 
 was to go to the informer or prosecutor. 
 
 Assessment at 74. All rates and tolls imposed by the council shall be 
 
 rates, toUs,^ &c. ^sscssed and recovered in manner prescribed by the by-laws, 
 and by such assessors and collectors as may be appointed 
 for that purpose by the council at one of the two meetings, 
 hereby appointed, provided such by-law is not repugnant 
 to any law of the Province or to this Chapter. 
 
 Existing rates, 75. All rates for public purposes not within the scop© 
 and authority of this Chapter which the inhabitants of 
 any county or district which is hereby incorporated are 
 now liable or may hereafter be liable to pay by law of the 
 Province, shall continue to be assessed upon and paid by 
 
 how assessed. 
 
TITLE XIII.] COUNTY INCORPORATIONS. 439 
 
 the inhabitants of any such municipality until otherwise Chap. .56. 
 directed by an Act of the Legislature. 
 
 I 6. At the annual meeting of the council in January Poor-vates and 
 the council shall vote for each poor district the sum it shall '^'^'""^^' 
 judge necessary for the support of the poor in that district, 
 and for the purposes enumerated in chapters 35 and 36 of 
 the Kevised Statutes or any Act in amendment thereof; 
 and shall appoint overseers of the poor for the existing 
 poor districts until such existing poor districts shall be 
 altered by the council ; which districts it shall have power 
 from time to time to alter if it shall see fit so to do. 
 
 77. Town meetings shall not be held to provide for the Poor meetings 
 
 support of the poor. discontinued. 
 
 78. The overseers of the poor shall account to the ovevseera of 
 council ; and the council shall exercise the functions given ^''°''' 
 
 by such chapters, and shall hear and determine appeals, and 
 in all particulars shall carry out the object of these chapters 
 as nearly in conformity with the mode thereby directed as 
 shall lie consistent with this Chapter and the incorporation 
 thereunder. 
 
 DISTRICT OFFICERS. 
 
 79. The municipal councils shall appoint a sufficient Appointment of 
 
 IP Ti . . *- p i_i district otEcers. 
 
 number ot pound keepers, fence viewers, overseers or the 
 highways, road surveyors, and such and so many officers, 
 as may be necessary for carrying into effect any of the 
 provisions of this Chapter, or of any other Act of the 
 Legislature concerning any of the subjects placed under 
 the jurisdiction of the councils, or of any by-law of the 
 municipality ; and in like manner to displace any of them 
 and appoint others in their room, and to add to or diminish 
 the number of them as often as the corporation shall see 
 fit, and to regulate their powers and limits wherein they 
 shall be exercised ; and shall regulate and prescribe the 
 duties of all officers acting under the authority of the 
 corporation, and the penalty, of their making default in 
 the performance of such duties, and shall settle the 
 remuneration of all such officers in all cases where the 
 same is not settled by an Act of the Legislature, and the 
 providing for the payment of the remuneration which by 
 Act of the Legislature or by the by-laws of the munici- 
 pality may be provided for such officers ; and shall 
 regulate the bonds and recognizance or other securities to 
 be given by such officers for the faithful discharge of their 
 duttes, the penalties for refusing to serve in any office, and 
 for the infringement of any by-law of the municipality. 
 
 80. The municipal council shall have the appointment Appointment of 
 of health officers, health wardens and health inspectors, and stipendiary 
 and a board of health, who shall have the powers conferred magistrates. 
 
440 COUNTY INCORPOEATIONS. [PART I. 
 
 Chap. 56. by Chapters 26 and 27 of the Revised Statutes, and may 
 at any meeting appoint one or more police or stipendiary 
 magistrates under the provisions of chapter 129 of the 
 Revised Statutes, 3rd series, and the Act or Acts in amend- 
 ment thereof; and may remove any such person so 
 appointed according to the provisions of said chapter. 
 
 Powers of war- 81. The vi'arden and councillors while in office shall 
 ciiiors. ex officio be -justices of the peace in and for the county, 
 
 and shall have within the municipality all the powers and 
 jurisdiction which belong to that office, and as well the 
 warden as in his absence any councillor shall have power 
 to administer oaths and affirmations concerning accounts 
 and other matters which shall be submitted to the cor- 
 poration or shall concern the same. But they shall not 
 have powei' to try any suit or action unless regularly 
 holding a comtiiis^iion as justice of the peace, and no 
 warden or councillor shall have power to try any action or 
 suit to which the municipality is a party. 
 
 Councils powers §2. The powers and authority of the council shall also 
 extend to the following objects : — 
 
 Layin- out (1.) The laying out of new roads and the making, 
 
 maintaining or improving of .any new or existing road or 
 streets, or for stopping up, altering or diverting the same, 
 not being a great road, subject however to the provisions 
 of the law and the restrictions and protection to private 
 rights contained in any statute relating thereto, and subject 
 to the rights of the Crown and the Province in public 
 property, provided that no municipal councillor shall be 
 appointed to act under chapter 45 of the Revised Statutes. 
 
 Money for roads (2.) The appropriating and apportioning of road and 
 bridge money granted by the Legislature, to be laid out in 
 the HDunicipality by the municipal authority, and also to 
 authorize and provide for the raising, assessing, levying, 
 collecting and appropriating such sum or sums of money 
 as the county or district council shall from time to time 
 consider necessary to make, maintain, repair, alter or 
 improve any roads, bridges and streets within the munici- 
 pality, such monies to be raised by rates to be assessed on 
 real and personal property or its owners or occupiers in 
 the same manner as county rates are assessed, levied and 
 collected, provided that no greater sum than one thousand 
 dollars for such purposes be raised and assessed in any one 
 year in any one municipality without the consent of the 
 Governor-in-Council. 
 
 statute labor. (^3) The Collecting and enforcing the performance of 
 
 statute and highway labor, and the expenditure of the 
 commutation money for highway labor, and the returns 
 
TITLE XIII.] COUNTY INCORPORATIONS. 441 
 
 thereof shall be made to the council or their clerk, or as the Chap. 56. 
 council may order. 
 
 (4.) The division of the municipality into road districts, ^'^ districts. 
 and the appointment of a superintendent of roads in each, 
 with such powers as regards the roads and bridges, and the 
 expenditure of provincial and municipality money, and 
 statute labor therein, as the council shall see fit to confer ; 
 and the erection, perservation and repair of any new or 
 existing bridges, and the regulating the driving and riding 
 over bridges ; the protection of timber, stone, sand, or 
 gravel, or anj' appropriation for roads or other public pro- 
 perty, and the sale of such timber and other articles. 
 
 (5.) The support of the poor by municipality, township, Poof-tousea. 
 or district organization, and the erection and maintenance 
 of municipality, township, or district poor houses. 
 
 (6.) The making orders for carrying into effect the law, Lioenseg for in- 
 
 •l C i- 4. J.- ■ J. ■ i.1, £ 'toxicating li- 
 
 as it may irom time to time exist, concerning the manutac- quors. 
 
 ture, importation, and sale of intoxicating liquor, and the 
 
 providing payment for expenses that may be incurred in 
 
 relation to that subject, in so far as it may be competent 
 
 for the legislature of Nova Scotia to confer such authority. 
 
 (7.) The regulating ferries, public wharves, and land-^|;™|'g p"""" 
 ings, and the establishment and regulation of markets and 
 fairs. 
 
 (8.) The providing means for defraying such expenses ^dmmistration 
 connected with the administration of justice as are required 
 to be defrayed out of the municipality funds ; the raising, 
 assessing, levying, and appropriating all monies that may 
 be requisite for carrying into effect the objects for which 
 the council is empowered to act or to make by-laws; such 
 monies to be raised by rates to be assessed on real and 
 personal property, or its owners or occupiers. 
 
 (9.) The collection and accounting for of all toll, rates, ^"^'^^f ™d°VJt 
 and assessment of the municipality revenues ; but no monies ing monies, 
 shall be voted, nor any salaries determined upon, except at 
 one of the regular meetings, or an adjournment thereof, 
 unless the public service may require a deviation from this 
 rule ; in such cases, as also in cases of adjourned meetings, 
 every member of the council shall have notice of the meet- 
 ing and its objects. 
 
 (10.) The making of all contracts relative to matters '^™*""''- 
 under their control, which contracts after having been duly 
 considered by the council shall be signed by the warden, 
 and countersigned by the clerk of the council. 
 
 (II.) The determining what officers it may be expedi- 
 ent 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, regulating the returns of assessors 
 
 Officers* salaries. 
 
442 COUNTY INCORPORATIONS. [PART I. 
 
 Chap. 56. and collectors, with a view to the (general business of the 
 municipality; the expense of municipal elections, and the 
 mode of remuneration. 
 
 Municipal eieo- (12.) The appointing of presiding officers for conduct- 
 ing municipal elections, the times, places, and mode of 
 election, and the times, form, and manner of the presiding 
 officers' returns, so far as may not be especially directed by 
 this Chapter. 
 
 General supervi- (13.) The providing for any other purpose, matter or 
 thing specially subjected to the control of the council by 
 law ; but no by-law shall impose any punishment or 
 imprisonment, or any penalty exceeding twenty dollars. 
 
 mSe^"'* ^'^' ^'^- When no provision shall be made in this Chapter 
 for the administering of any oaths or affirmations required 
 to be administered or taken, the same may be administered 
 by the warden, or in his absence by the clerk, or by any 
 councillor or any justice of the peace; and when an oath 
 or affirmation is directed to be administered by or taken 
 before any officer or person, the authority to administer is 
 included. 
 
 Jury^iists, revis- 84. The municipality councils shall appoint committees 
 of their own body to revise the jury lists in accordance 
 with the Acts relating thereto, and shall fulfil all the duties 
 imposed by those Acts. 
 
 GENERAL PROVISIONS. 
 
 «?r8°™ °' ■'™" ^^- Nothing in this Chapter shall be construed to take 
 
 from justices of the peace their power as conservators of 
 the peace, or to impair or abridge the criminal jurisdiction 
 they possess by common or statute law, or their authority 
 over offences partaking of a criminal nature, given by any 
 law of this Province or Dominion, nor the power to 
 administer oaths, nor any power belonging to the office of 
 justice of the peace, which is not taken away by this Act 
 either expressly or by necessary implication. 
 
 Warden and §6. The Warden and councillors of any municipality 
 
 councillors ex- ■ ■,■,■, ^ .« . ", , ^. "^ 
 
 empt from jury shall DC exempt irom serving upon any grand or petit jury ; 
 service. ^^^ ^^ electors or other persons in any municipality other 
 
 than said warden or councillor shall be incompetent to 
 serve as jurors in any case in which the municipality 
 is a party, by reason of his being a resident of such 
 municipality. 
 Affirmation au- ^7. Every person authorized by law to make affirmation 
 
 instead of taking an oath, may make affirmation in every 
 case where an oath is required by this Chapter. 
 ActioM ^ a,nd §8. Every action brought by or against any munici- 
 palities, pality council shall be brought by or against the same by 
 its corporate name; and in all such actions service of 
 
TITLE XIII.] COUNTY INCORPORATIOlirS. 443 
 
 process on the warden or clerk for the time being shall be Chap. 56. 
 good and valid service of such process. In case of judgment 
 being given against the corporation the same shall be paid 
 by order of the council without unnecessary delay, if there 
 shall be funds available for thes purpose, otherwise the 
 amount shall V)e included in the next assessment and shall 
 be paid out of the first moneys which shall be subject to 
 the appropriation of the council ; if the amount shall not 
 be paid within six months after judgment recovered and 
 demand made, the Supreme Court or a judge thereof in 
 vacation shall have the power to amerce the municipality ; 
 but nothing herein contained shall take away the right of 
 appeal where the same is now allowed. 
 
 89. Judgments against a municipal corporation shall interest. 
 bear interest at six per cent, per annum. 
 
 90. When any lands shall hereafter be taken for Payment of arbt- 
 railway purposes under the provisions of chapter 70 of the oases. 
 Revised Statutes, 3rd Series, or any part of said chapter, 
 
 or of any Act ip amendment thereof, and a disagreement 
 shall arise as to what proportion of the assessment for such 
 lands to be levied under section 24 of said chapter shall be 
 borne by any incorporated town or towns or city within 
 the limits of the county in which such lands lie, such 
 proportion shall be fixed and determined by three arbi- 
 trators to be appointed by a judge of the Supreme Court 
 of Nova Scotia, and such arbitrators shall be appointed by 
 any such judge on the application of any owner of land 
 taken for railway purposes within the county, or of any 
 person representing the county or representing any such 
 city or town, or on application of the Attorney-General. 
 The arbitrators shall be paid out of the general county 
 assessment of the count}' in which such lands lie such fees 
 for their services as shall be taxed by a judge of the 
 Supreme Court, not however to exceed |4.06 for each day 
 of actual attendance and actual travelling expenses. 
 
 91. No action shall be brought against any person for Limitation of ao- 
 
 ., n/Y^iiTi s. tions, &c. 
 
 anything done by virtue of an office held under any ot 
 the provisions of this Chapter, unless within six months 
 after the act committed and upon one month's previous 
 notice thereof in writing, and the action shall be tried in 
 the county where the cause of action arose. 
 
 92. The warden, councillors and officers acting "n<^er Protection^ ^ 
 them shall be entitled to the protection afforded to™"'^"' ° 
 constables under any of the statutes of this Province, and 
 
 also to the protection afforded justices of the peace when 
 acting in the capacity of justices of the peace. 
 
 93. A copy of any by-law heretofore made or here- By-iawa, how 
 after to be made by any council, certified by the clerk of™"™' 
 
444 COUNTY INCORPORATIONS. [PART I. 
 
 Chap. .56. the municipality to have been compared with the original 
 and to be a true copy, and a copy of any certificate of the 
 approval of any such by-law b}' the Governor-in-Council, 
 certified by the clerk of the municipality to have been 
 compared with the original and to be a true copy, shall, 
 without proof of the official character of such clerk or of 
 his handwriting, be sufficient evidence in all courts of the 
 passage, existence and approval of such by-law. 
 
 Proof of offlcer'8 94. When on the trial of any suit or complaint in any 
 
 appointment. gQ^j.^ j(; ghall be necessar}' to prove the appointment of 
 any county or municipality officer, a certificate under the 
 hand of the clerk for the time being and sealed with the 
 seal of the municipalit}', stating the appointment and the 
 time and manner thereof of any such officer, shall be 
 sufficient proof of the appointment of such officer; and if 
 any such certificate purports to be signed and sealed as 
 aforesaid, the same shall be admitted in evidence without 
 any proof of the seal, or of the signature of the clerk, or 
 of the official character of such clerk. 
 
 Penalty for false 9.5. If any clerk shall wilfully give a false certificate 
 
 certificate. ,. ., , .. *ii''in *.• i 
 
 or any appomtuient as aroresaid he shall on conviction be 
 subject to a penalty of eighty dollars, which may be sued 
 for by any person aggrieved. 
 
 By-laws, &c., to 96. The council may make regulations for the manage- 
 
 torobjlots?""*" ment and good order of their proceedings, and may make 
 by-laws to regulate the following objects : 
 
 Management of (1.) For the management of such real estate as may 
 
 prope y. ^^ required for municipal use, the management of all 
 
 municipal property, and the support of the poor. 
 
 Commons. (2.) For the regulation of commons in the several 
 
 townships, provided that nothing herein or in such regu- 
 lation contained shall extend to any commons regulated by 
 a special Act remaining unrepealed. 
 
 Administration (3.) For providing means to pay the expenses of the 
 
 JUS ice. administration of justice chargeable on municipal funds, 
 and for the preventing and extinguishing of fires. 
 
 Assessments. (4.) For assessing and appropriating all monies 
 
 authorized by law to be raised. 
 
 ^rl™"*'' ^^'" ^°'^ "^°'^ ^^^ collection and accounting of all tolls, 
 
 ' ■ rates and municipal revenues, for imposing penalties, 
 
 determining the amount and manner of paying salaries, 
 fees, and remuneration to municipal officers, making 
 contracts, and for determining what officers shall be paid, 
 and the amount and mode of paying of them. 
 
 Elections. ((J.) For regulating the election of councillors. 
 
TITLE XIII.J COUNTY INCORPORATIONS. 4,45 
 
 _ (7.) For the good rule and government of the muni- Chap. 56 
 cipality, andfor the regulation and management of the Good govern 
 local, municipal, fiscal, prudential and sanitary affairs™"*- 
 thereof. 
 
 (8) For regulating the mode, manner and form ofAooounts and 
 making out accounts and claims against the municipality,"'''™'" 
 for any matter or thing upon which the municipality may 
 be liable to pay any sum of money for any purpose 
 provided for by the laws relating to municipalities, and to 
 declare the time at which the said accounts shall be filed 
 with the auditor, and to direct that the said accounts or 
 claims shall not be received for audit unless such form is 
 complied with, and the council may by by-laws require all 
 accounts or any account against the municipality to be 
 attested to, and may prescribe the form and manner of 
 such attestation. 
 
 (9.) For the establishment and regulation of markets, *i**«'sandfair3 
 market houses and fairs, and for the slaughtering of animals, 
 and the sale of dead meats. 
 
 (10.) For the establishment, licensing, and regulation of Femes, 
 ferries, and fixing the rates and fares thereof, and for the 
 conveying passengers to and from steam boats on their 
 passage along the rivers. 
 
 (11.) For the protection of streets, squares, sidewalks, streets, side- 
 and pavements, and of the posts, railings, trees and other™"''' *°' 
 defences, and ornaments thereof. 
 
 (12.) For the use and management of docks, wharves. Books and land- 
 landings and cranes, and fixing the rates of dockage,'"^'' 
 wharfage and cranage. 
 
 (13.) For the weighing and measurement of salt, coal,sait, coai and 
 and wood, lumber, logs, and timber, and fixing the rates 
 therefor. 
 
 (14.) For the licensing and regulation of carriages for Truckage. 
 hire, cartage and truckage, 
 
 (15.) For the weighing of hay and straw and grain, and weighing hay, 
 fixing the rates therefor. 
 
 (16.) For the regulation of pounds, and fixing the fees Pounds. 
 and the rates to be taken and received by pound-keepers 
 and persons lawfully driving anything to pound. 
 
 (17.) For preventing the firing of guns or other firearms. Fireworks. 
 or the setting off squibs or other fireworks, or burning of 
 combustible materials, the carrying of fire, lighted candles, 
 or lamps without being covered or secured. 
 
 (18.) For imposing and collecting a tax on dogs. Dotr-tax. 
 
 (19.)" For preventing the ringing of bells, shouting or Disorderly noises 
 other unusual noises in the streets, knocking at doors, or 
 ringing door-bells. 
 
446 'COUNTY INCORPORATIONS. [pART 1. 
 
 Chap. 66. (20.) For the regulation and management of booms for 
 
 fioomage, &o. holding timber, logs and other lumber, and for the driving 
 of timber and logs ; for fixing the table of tolls for boomage 
 with the lien of the boom-master therefor, and prescribing 
 the mode of recovering and right of disposing of the lumber 
 bi any person for which such boomage may be charged in 
 default of payment, not interfering with any corporation or 
 person empowered by law to establish a boom. And shall 
 also have power to make by-laws regulating the erection 
 and maintenance and times for opening and closing sluices, 
 and the conveyance of timber, logs, and lumber on any river 
 or brook within the bounds of their respective municipalities. 
 
 Police. (21.) For establishing and regulating a police in any 
 
 town or village. 
 
 Gaol limits. (^22 ) For defining the gaol limits, not exceeding three 
 
 miles from the gaol. 
 
 Workhouses and (23.) For the regulation and management of work- 
 
 eaols. 1. ] 1 
 
 * houses and gaols. 
 
 Cattle and sheep. (24.)" For the marking of neat cattle and sheep. 
 
 Disorderly rid- (25). For preventing disorderly riding and driving on 
 
 ing, &o. ^jig public roads and bridges, and preventing coasting, 
 
 skating and sliding on snow or ice down the hills, highways 
 or streets. 
 
 Noxious weeds. (26.) For preventing the growth of thistles and other 
 noxious weeds. 
 
 Burning brush. (27.) For regulating the manner and times of burning 
 brush and other materials in clearing lands. 
 
 River banks. (28.) For preserving the banks of rivers. 
 
 Lock-up houses. (29.) For establishing lock-up houses in such parts of 
 , the municipality as may be neces.sary, and making, 
 regulations for the government thereof, and any prisoner 
 in the custody of any officer may be imprisoned in such 
 lock-up house until he can be removed to the common 
 gaol ; but no person under arrest in civil causes shall be 
 detained therein more than forty-eight hours. 
 
 Immorality, &o. (30.) For preventing vice, immorality, and indecency in 
 the streets, highways, and other public places, and for 
 preventing the profanation of the Sabbath, and for 
 preventing cruelty to animals. 
 
 Licensing exhi- (31.) For restraining and licensing all exhibitions, 
 
 bitions. circuses, and other shows for hire or profit, and for 
 
 preserving order thereat ; but no license fee shall exceed 
 forty dollars for a day. 
 
 Nuisances. (32.) For abating and removing all public nuisances. 
 
 Cattle at large. (33.) For preventing and regulating the straying or 
 running at large of horses, cattle, sheep, swine, goats, dogs, 
 geese, turkeys, hens and other domestic fowls; for the care 
 and keeping of stray horses, cattle and sheep. 
 
*lfLE XIII.] COONTY tNCORPORATlONS. 447 
 
 (34.) For regulating the measurement of boards, Chap. 56. 
 shingles, lathwood and other lumber, cordwood and other yrood measure- 
 fuel ; and for marking timber and logs. ment. 
 
 (35.) For the preservation of bridges, and preventing Bridges, 
 injuries thereto. 
 
 (36.) For regulating the amount in which bonds shall G>"ng security. 
 be given by municipal officers concerned in the collection, 
 receipt or expenditure of money, the form thereof, the 
 manner in which they shall be given, and the nature and 
 amount of the security required, when not otherwise 
 provided. 
 
 (37.) For defining the duties of municipal officers, andofflosrs. 
 the manner in which they shall account for moneys received 
 or expended by them. 
 
 (38.) For regulating the discharging and depositing of Baiiast. 
 ballast in all harbors now under the control of the municipal 
 council. 
 
 (89.) The licensing of auctioneers and pedlars, and Licensitig ped^ 
 hawkers of goods and traders who are not ratepayers ^'*"^^' 
 ■within the province. 
 
 (40.) The council may make regulations relative to thel'og-'". 
 taxation of dogs, which regulations shall apply to the 
 whole municipality, or to any district to be set apart and 
 defined by the council; may fix the amount to be paid 
 annually by owners of dogs, not exceeding one dollar for 
 each dog, and niay appoint officers to collect the same ; and 
 such regulations shall be published throughout the munici* 
 pality for thirty days before they shall come into operation. 
 
 97. An authentic copy of each by-law passed by thefiy'iaws to be 
 municipality council shall be laid before the legislature laturef*"^^^^^'^" 
 within ten days after the opening of its next session. Any 
 
 by-law repugnant to the law of the land or the provisions 
 of this Chapter shall be wholly void and of no eff'ect 
 whatever. And no bylaw shall go into force and effect 
 until the same be approved by the Governor-in-Counoil. 
 
 98. The clerk of the council in each municipality shall ^ff^P^ fumish 
 furnish each presiding officer with the certified list of with ust of vot- 
 persons qualified to vote in the polling section in which ™^' 
 
 such officer is to preside, and no person shall be allowed to 
 vote whose name is not on such list or any supplementary 
 list, which the clerk of the municipality may furnish in 
 case of inadvertent omissions. The list to be used at all 
 elections shall be the li.st which would at the date of such 
 election be used if an election were being held of a member 
 to serve in the General Assembly. 
 
 99. For each revisal section the municipal council Appointment of 
 shall annually appoint three persons who shall be duly ''^™°''^' 
 sworn to the impartial performance of their duty according 
 
448 COUNTY INCORPORATIONS. [PART I. 
 
 Chap. .56. to the form of oath heretofore in use, and such revisers 
 shall have all the powers and discharge all the duties of 
 revisors under all or any Acts or Act relating to the elec- 
 tion of members to serve in the General Assembly. 
 
 Special election iQO. Should an election fail to be held at any time for 
 any reason in any county or sessional district hereby made 
 a municipality, the Governor-in-Council may appoint 
 persons to conduct such election, and make regulations for 
 holding and conducting the same, which regulations shall 
 have the force of law, and the election held under and 
 in conformity with them shall have the same force and 
 validity as if the same were held under the provisions of 
 this Chapter. 
 
 Appointment ct 101. The proportion of county assessment which shall 
 ' ' " "^ ■ be borne by any incorporated town or city within the 
 limits of any county or district hereby made a municipality, 
 shall in case of a disagreement between the council of such 
 incorporated town or city and the municipal council of any 
 municipality hereby created, be decided and ascertained by 
 the award of two arbitrators, one to be appointed by each 
 such council, and in case of disagreement between such two 
 arbitrators, by the award of an umpire, to be appointed by 
 the Governor-in-Council, and in case of neglect or refusal 
 to appoint such arbitrators by either or any council after 
 ten days' notice to make such appointment, the Governor- 
 in-Council shall appoint the arbitrator who should have 
 been so appointed. Provided such arbitrators shall not be 
 competent to enquire into or determine upon any of the 
 details or items included in the amount to be assessed on 
 any incorporated county or district. 
 
 Existing agree- 102. All existing agreements between incorporated 
 towns and sessions shall remain in force until revoked or 
 altered in the manner herein prescribed. 
 
 Existing debts or 103. All debts and liabilities of counties or sessional 
 
 liabilities. districts hereby incorporated, shall be and become debts 
 
 and liabilities of the several municipalities formed by this 
 Chapter from such counties ot sessional districts, and all the 
 assets and property of such county or district shall become 
 the property of such municipality, and in every Act now in 
 force and in all contracts wherein the word " county " or 
 "district" (referring to a sessional district) has been used, 
 the same shall be read as if the word municipality had been 
 used, and the word "custos" in every Act and contract shall 
 be read warden, and the words "justice of the peace," or 
 "justices of the peace," in every Act and contract shall 
 include, and be read councillor of the municipality, or 
 councillors of the municipality, as the case may be, and the 
 words " county treasurer," or " treasurer of the county," or 
 
TITLE XIII.] COUNTY INCORPORATIONS. 449 
 
 ^'district," shall mean treasurer of the municipality, and the Chap. 56. 
 •word " clerk of the peace " shall mean clerk of the munici- ~ 
 
 "pality, or his deputy. 
 
 104. No person residing within the limits of any voting restricted 
 incorporated city or town shall have the right in any 
 
 polling section to vote for councillors for any of the munici- 
 palities hereby created. 
 
 105. No municipality shall have power to borrow any Powers to bor- 
 •sum of money without the authority of the Governor-in- '°^' ""•'"^y- 
 Council, and for all sums of money to be borrowed in any 
 
 one year above one thousand dollars, the authority of an 
 Act of the Legislature shall be required. 
 
 106. In any county or district the municipality shall Debentures may 
 have power to issue debentures bearing interest at a rate ^ ™"^ ' 
 not exceeding six per cent, for the amount of any railway 
 damages due and payable by such county or district, or for 
 
 any part of such amount, such debentures to be in a form 
 to be prescribed by the Governor-in-Council, and to be so 
 arranged as to provide for the payment of such damages 
 and interest in not more than five annual instalments. 
 
 107. The polling districts of the County of Guysborough Guysboro'poiiing 
 :shall be for the purposes of this Chapter the same as they 
 
 existed previous to the session of 1878, except as aifected 
 by chapter 35 of the Acts of 1880 and chapter 38 of the 
 Acts of 1882. 
 
 108. Polling district No. 8, Port la Tour, in the Port la Tour, in 
 Barrington district, is divided at Clam Creek into two tricrdivided. '^' 
 polling districts, to be known as Port la Tour polling 
 
 district No. 8, with a polling booth at Port la Tour as 
 heretofore, and Port Clyde polling district No. 9, with a 
 polling booth at Port Clyde, each of which said polling 
 districts shall have the right and shall elect one municipal 
 councillor. 
 
 109. Polling district No. 6, Cape Island, in the district cape island in 
 of Barrington, is divided into two polling districts, the tn'ot'dfvided. '^' 
 boundaries of which shall be the same as those existing 
 
 at the last general election holden A. D. 1882, and to be 
 respectively known as polling district No. 0, with a polling 
 booth at blarke's Harbor as heretofore, and the other 
 polling district to be known as polling district No. 9, 
 with a polling booth at Centreville, and the said two 
 polling districts shall each elect one municipal coun- 
 cillor. 
 
 110. That portiQ|i of polling district No. 2 in Shelburne '^\^^^f^^^'"^ °' 
 ■district, and known as Birchtown, the inhabitants whereof vote in town of 
 reside on the main post road and Hart's Point, shall here- s^eiburne. 
 
 30 
 
450 COUNTY INCOBPOEATIONS. [PART I. 
 
 Chap. 56. after vote in the town of Shelburne in polling district No. 
 3, and shall form part of said last mentioned polling district. 
 
 111. Polling district No. 11, for municipal elections-, 
 
 in the County of Cape Breton is divided as follows : 
 
 Poiung district Polling district No. 20 shall comprise within its^ 
 
 Breto^ 'county linaits all the inhabitants within the following bound- 
 
 estabushed. aries, viz : — Beginning on the shore of Low Point at 
 
 the Kilkenny lake road near McPhee's ferry; thence 
 
 following the northern side of the Kilkenny lake road,. 
 
 passing to the north of the lake until it meets the Lingan 
 
 road near the school house ; thence following the division 
 
 line between the Sydney and Lingan districts southerly to 
 
 the International railway ; thence following said railway 
 
 easterly to the bridge ov^er said railway at Burchell's farm,^ 
 
 Bridgeport ; thence following the eastern line of the 
 
 General Mining Association's farm northerly to the shore 
 
 of Bridgeport Bay at Dead Man's Cove ; thence westerly 
 
 following the windings of Bridgeport and Lingan shores 
 
 and round Low Point, and thence westerly to the place of 
 
 commencement at McPhee's ferry — the polling place to be 
 
 at or near James Hall's. Lingan. 
 
 Polling district The Said polling district number 11 shall comprise 
 
 Breton 'county all the remainder of the said districts, and shall continue 
 
 limited. ^Q return one councillor, and the polling place shall be as 
 
 at present. 
 
 Said polling district number 20 shall return one muni- 
 cipal councillor to the municipal council for the County of 
 Cape Breton. 
 Polling district There shall be a further additional polling district 
 Breton "couuty ill the County of Cape Breton, to be called and known as 
 established. polling district No. 21, Loch Lomond, and to embrace such 
 portions of polling districts Nos. 7 and 13 as are enclosed 
 within the following limits, that is to say : — Beginning on 
 the division line between East Bav, south side, and Bis: 
 Pond district, at a point on said line two miles southerly 
 from the bridge over Rory Brae's Brook on the Big Pond 
 post road, and about three-quarters of a mile northerly 
 from the Glengarry road ; thence on a line about south 
 68"^ west and through the wilderness and barrens to the 
 division line between Counties of Richmond and Cape 
 Breton at a point two and a half miles on said line in rear 
 of L-ish Cove ; thence following said county line south- 
 easterly to the southwest corner of the district of Grand 
 Mira, as erected by chapter number 39 of the Acts of 1884 ; 
 thence on a line north 30° east, being the western bound- 
 ary of said Grand Mira district until it strikes the south- 
 eastern boundary of the district of East Bay, south side,. 
 as erected and described by said chapter number 39 of the 
 
TITLE XIII.J COUNTY INCOBPORATIONS. 451 
 
 Acts o^ 1884 ; thence following said boundary and Salmon Chap. 56. 
 River up stream to the southernmost corner of polling ' 
 
 district No. 8, as existing before the passing of said chapter 
 number 39 of the Acts of 1884; thence following the 
 division line between the said district No. 8 and district 
 No. 13, as existing before the passing of said chapter 
 number 39 of the Acts of 1884, northerly to the place of 
 beginning — the polling place to be at or near John 
 McDonald's cross road, south side of Loch Lomond. 
 
 112. Chapter 36 of the Acts of 1880 and chapter 42 Port Hastings, 
 of the Acts of 1882, are repealed, and the boundary lines ohetomp, ^fn 
 of the several polling districts in the County of Inverness, J,'j|^^g"t^o°°o;jQ° 
 mentioned in said chapters, shall be as they were before o'l'o" each. 
 the passing of the said chapters except as affected by 
 
 chapter 41 of the Acts of 1882 and chapter 47 of the 
 Acts of 1883. The various polling districts in the said 
 County of Inverness as they have existed since the passing of 
 chapter 52 of the Acts of 1884, having each a population, 
 according to the census of 1881, of two thousand or 
 upwards, to wit, the districts of Port Hastings, Judique, 
 and Cheticamp, shall each return and be represented by 
 two municipal councillors. 
 
 113. (1.) Polling district number four in the County Poiung district 
 of Cumberland is divided so as to make two separate beriand*"covm?y 
 polling districts, which said districts shall be described as'^'"'^*'*' 
 follows, that is to say : All that portion thereof beginning 
 
 where Tillott's Creek intersects the line between polling 
 
 districts numbers two and four, near Thompson station ; 
 
 thence following the said creek until it comes to the River * 
 
 Philip ; thence following down said river until it comes to 
 
 the Intercolonial railway ; thence westerly along the 
 
 Intercolonial railway until it comes to the Halifax road ; 
 
 thence following the said road a short distance' until it 
 
 comes to the junction of the old road leading over Birch 
 
 Hill ; thence following said old road until it strikes the said 
 
 Halifax road at or near Isaac Stewart's ; thence following 
 
 said Halifax road until it intersects the line between 
 
 polling districts numbers four and one ; thence following 
 
 the boundaries of said number four until it comes to the 
 
 place of beginning, and to include all on the north side of 
 
 the Intercolonial railway at River Philip station ; and the 
 
 polling place of such district, to be known as number four, 
 
 shall be at or near the drill shed. 
 
 (2.) All that portion of said polling district number Poiiinfr district 
 four as existing previous to the passing of Chapter 43 ^"riaid 'c(SiTy 
 of the Acts of 1884, not included in the boundaries «stabiisiied. 
 given in sub-section (1) of this section, shall be a separate 
 polling district, to be known as polling district number 
 
452 COUNTY INCORPORATIONS. [PART I. 
 
 Chap. 66. fifteen, and the polling place of such district shall be at or 
 
 near the district gaol, Oxford. 
 No. 4, Cumber- (3.) Polling district number four is no longer entitled 
 oSy OM com- to elect two councillors to the Municipal Council, but 
 ciuor. each of the said polling districts is entitled to elect one 
 
 councillor. 
 
 eCHEDXJLB. 
 
 COLCHESTER COUNTY. 
 
 Polling district No. 4 — Lower Stewiacke 2 
 
 II >i 11 — Tatamagouche 2 
 
 ■'& 
 
 CUMBERLAND COUNTY. 
 
 Polling district No. 1 — Amherst 3 
 
 II II M 3 — Tidnish and Goose River 2 
 
 II II II 7 — Pugwash 2 
 
 II II M 8 — Wallace 2 
 
 II II II 11 — Parrsborough , 2 
 
 PICTOU COUNTY. 
 
 Polling district No. 17 — Hopewell , 2 
 
 KINGS COUNTY. 
 
 Polling district No. 1 — Canning 2 
 
 II II II 6 — Kentville 2 
 
 ANNAPOLIS COUNTY. 
 
 Polling district No. 1 — Wilmot ,.... 2 
 
 II II II 10 — Annapolis town 2 
 
 DIGBY COUNTY. 
 
 Polling district No. 1 — Digby town 2 
 
 CLARE DISTRICT. 
 
 Polling district No. 10^-Meteghan 2 
 
 II II II 11 — ^Court house 2 
 
 LUNENBURG COUNTY. 
 
 Polling district No. 1 — Lunenburg 2 
 
 II II II 3 — Block House 2 
 
 II II II 9 — Bridgewater , 2 
 
 CHESTER DISTRICT. 
 
 Polling district No. 6 — Chester 2 
 
TITLE XIII.] COUNTY INCORPORATIONS. 453 
 
 SHELBTJRNK DISTRICT. ' CHAP. 56. 
 
 Polling district No. 1 — North East Harbor 2 
 
 II II ir 3 — Shelburne 2 
 
 li II II 6 — Lockeport 2 
 
 II 
 
 7 — Louis Head 2 
 
 BAKEINGTON DISTSIOT. 
 
 Polling district No. 5 — Shag Harbor 2 
 
 II II II 7 — Barrington 2 
 
 ARGYLB. 
 
 Polling district No. — Tusket 2 
 
 ANTieONISH COUNTY. 
 
 Polling district No. 4 — Antigonish 2 
 
 GTTYSBOROUGH COUNTY. 
 
 Polling district No. 1 — Guysborough , 2 
 
 ST. MARY'S. 
 
 Polling district No. — Sherbrooke 2 
 
 VICTORIA COUNTY. 
 
 Polling district No. 3— Baddeck 2 
 
 „ „ II — Boulardarie 2 
 
 INVERNESS COUNTY. 
 
 Polling district No. 5— Mabou 2 
 
 „ I, Port Hastings 2 
 
 I, „ Judique 2 
 
 „ „ Cheticamp 2 
 
 HANTS COUNTY. 
 
 Brooklyn 2 
 
 Scotch Village 2 
 
 St. Croix 2 
 
 Kempt 2 
 
 Noel 2 
 
 Nine Mile River 2 
 
 Shubenacadie 2 
 
 Gore 2 
 
 Maitland 3 
 
§54! controverted elections of [part i. 
 
 Chap. 57. oaths. 
 
 SCHEDULE OF OATHS. 
 
 Oath of Office to he taken by all persons appointed to any 
 office or duty under this Chapter, for which no oath of 
 office is specially provided. 
 
 I, A. B., do solemnly swear (or affirm when the party 
 is entitled to affirm) that I will truly, faithfully and 
 impartially to the best of my knowledge and ability 
 execute the office of (inserting the name of the office, as 
 presiding officer, or chrk of the elections, or warden, 
 councillor, county clerk, &c., &c., as the case raay be) to 
 which I have been elected (or appointed) in this munici- 
 pality, and that I have not received, and will not receive, 
 any payment or reward, or promise of such, for the exercise 
 of any partiality, or malversation, or other undue execution 
 of the said office. So help me God. 
 
 Oath of office for the auditors. 
 
 I, A. B.. do solemnly swear (or affirm when ihs party 
 is entitled to affirm) that I will faithfully and impartially 
 to the best of my knowledge and ability execute the office 
 of auditor to which I have been appointed in this munici- 
 pality, and that I have not received and .will not receive 
 any payment or reward, or promise of such, for the exercise 
 of any partiality or malversation, or other undue execution 
 of the said office ; and that I have not, during the time 
 preceding my appointment to the said office of auditor,* 
 and that I. have not since had, and that I have not now, 
 directly or indirectly, any share or interest whatever in 
 any contract or employment, with, by, or on behalf of the 
 municipal corporation of ■ . So help me God. 
 
 CHAPTER 57. 
 
 OF CONTROVERTED ELECTIONS OF MUNICIPAL AND TOWN 
 COUNCILLORS, AND OF CORRUPT PRACTICES. 
 
 Meaning of terms 1. The following terms shall in this Chapter have the 
 meanings hereinafter assigned to them unless there is 
 something in the context repugnant to such construction, 
 that is to say : " Election " shall mean an election of 
 municipal or town councillors, or of a "warden or mayor of 
 an incorporated town. " Candidate " shall mean any 
 person who has been duly nominated at such an election. 
 
TITLE XIII.] MTJNICIPAL AND TOWN COUNCILLORS. 455 
 
 "Corrupt practices" or "corrupt practice" shall mean Chap. 57. 
 
 bribery and undue influence and illegal and prohibited acts ' 
 
 in reference to elections or any of such offences as defined 
 by Act of the Legislature. " Kules of court " shall mean 
 rules to be made as hereinafter mentioned. " Prescribed " 
 shall mean prescribed by the rules of court. 
 
 2. A petition complaining of an undue election of a Election peti- 
 municipal councillor for any district, or a warden or mayor Sed.'''"' ^'" 
 for any incorporated town, or town councillor for any ward 
 
 of such town, may be presented to the judge of the county 
 ■court for the district in which the controverted election 
 occurred, by any one or more of the following persons :^ 
 
 (1.) Some person who voted or who had a right to 
 vote at the election to which the petition relates. 
 
 (2.) Some person claiming to have had a right to be 
 returned or elected at such election. 
 
 (.3.) Some person alleging himself to have been a 
 candidate at such election. 
 
 And such petition is hereinafter referred to as an 
 election petition. 
 
 3. The following enactments shall be made with respect Euactmentaasto 
 to the presentation of an election petition under this Chapter :^"^''^™'^''°"' 
 
 (1.) The petition shall be signed by the petitioner, or 
 all the petitioners if more than one. 
 
 (2.) The petition shall be presented within twenty-one 
 days after the day of the election to which the petition 
 relates, unless it questions the election upon an allegation 
 of corrupt practices, and specifically alleges a payment of 
 money or other reward to have been made by any coun- 
 cillor or town warden or mayor, or on his account, or 
 with his privity since the time of such return, in pursuance 
 or in furtherance of such corrupt practice, in which case 
 the petition may be presented at any time within twenty- 
 one days after the date of such payment. 
 
 (3.) Presentation of a petition shall be made by 
 delivering it to the clerk of the county court in the county 
 to which the petition relates, or leaving the same at his 
 office between the hours of ten of the clock in the forenoon 
 and four of the clock in the afternoon. 
 
 (4.) At the time of the presentation of the petition, or 
 "within three days afterwards, security for the payment of 
 all costs, charges and expenses that may become payable 
 by the petitioner, 
 
 (a.) To any person summoned as witness on his 
 behalf, or 
 
 (h.) The councillor, mayor or warden whose election is 
 -complained of (who is hereinafter referred to as the 
 respondent.) 
 
 Shall be given on behalf of the petitioner. 
 
456 CONTROVERTED ELECTIONS OF [PART I, 
 
 Chap. 57. (5.) The security shall be to an amount of two hundred 
 dollars ; it shall be given either by recognizance to b& 
 entered into by any number of sureties not exceeding^ 
 four, or by a deposit of money in manner prescribed, or 
 partly in one way and partly in the other. All sureties 
 shall justify. 
 Objections to 4. Any objection made to the security given shall be 
 
 securi y, -c. }jgard and decided on in the prescribed manner. If an 
 objection to the security is allowed it shall be lawful for 
 the petitioner within a further prescribed time not exceed- 
 ing five days to remove such objection by a deposit in the- 
 prescribed manner of such sum of money as may be deemed 
 by the judge or officer having cognizance of the matter to- 
 make the security sufficient, if on objection made the 
 security is decided to be insufficient, and such objection is 
 not removed in manner hereinbefore mentioned, no further 
 proceedings shall be had on the petition ; otherwise on the 
 expiration of the time limited for making objections, or 
 after objection made on the sufficiency of the security 
 being established, the petition shall be deemed to be at issue- 
 Trial of election 5. The trial of every election petition shall be con- 
 peiions. ducted before a judge of the county court in the district- 
 
 in which the election controverted was held, or the judge- 
 presiding in his stead for the reasons mentioned in the 
 Acts relating to county courts. Every election petition 
 shall be tried by the judge sitting in open court without 
 a jury. 
 mat notice oj g_ Notice of the time and place at which an election 
 
 tnal necessary. . •ni;--iiiii • 
 
 petition will be tried shall be given not less than lourteea 
 days before the day on which the trial is held in the= 
 prescribed manner. 
 
 Trial, where to 7. The trial of an election petition shall take place in- 
 take place. ,, ..... J , i-i.T .. ■'-1, 
 
 the municipality or town to which the petition relates ;. 
 provided the judge of the county court shall have juris- 
 diction to try any election petition in any city or 
 incorporated town situate within the boundaries of the 
 municipality or municipal district, notwithstanding that 
 such city or incorporated town is exempted from the> 
 jurisdiction of the municipality. 
 Adjournment of 8. The judge presiding at the trial may adjourn the- 
 same from time to time, and from any one place to any 
 other place within the municipality, as to him may seem 
 expedient. 
 Judge to deter- 9. At the couclusiou of the trial the judge who tried 
 "ected."'^'' "^"^the petition shall determine whether the councillor, or 
 warden, or mayor, whose return or election is complained 
 of, or any and what other person, was duly returned or 
 elected, or whether the election was void, and shall forth- 
 
TITLE Xin.] MUNICIPAL AND TOWN COUNCILLORS. 457 
 
 with certify in writing such determination to the clerk of Chap. 57. 
 the town or municipality. ~ 
 
 10. When any charge is made in an election petition Judge to certify 
 of any corrupt practice having been committed at the cormpt prLtos 
 election to which the petition refers, the judge shall, in 
 addition to such certificate and at the same time, report in 
 
 writing to the municipality or town clerk as follows : — 
 (a.) Whether any corrupt practice has or has not been 
 
 proved to have been committed by or with the knowledge 
 
 and consent of any, and which, candidate at such election, 
 
 and the nature of such corrupt practices. 
 
 (6.) The names of any persons who have been proved 
 
 at the time to have been guihj' of any corrupt practice, 
 (c.) Whether corrupt practices have, or whether there 
 
 is reason to believe that corrupt practices have, extensively 
 
 prevailed at the election to which the petition relates. 
 
 11. The clerk of the town or municipality shall, at the Duty of clerk, 
 earliest practicable moment after he receives the certificate 
 
 and report (if any) of the judge, give the necessary direc- 
 tions and adopt all the proceedings necessary for confirming 
 or altering the return, or for the issuing of a new order for 
 a new election, or for otherwise carrying the determination 
 of the judge into execution, as circumstances may require. 
 He shall also without delay, if the council be then sitting, 
 or if it be not then sitting at the beginning of the then 
 •next meeting of the council, communicate to the council 
 the determination, report, and certificate of the judge, and 
 his own proceedings thereon. 
 
 12. On the trial of an election petition under this Proceedings on 
 Chapter, unless the judge otherwise directs, any charge of'"*'" 
 
 a, corrupt practice may be gone into, and evidence in 
 relation thereto received, before any proof has been given 
 of agency on the part of any candidate in respect of such 
 corrupt practice. 
 
 13. An election petition under this Chapter shall be Form, &c., oi 
 in such form and state such matters as may be prescribed, p'*'*^'""- 
 
 14. An election petition under this Chapter shall be service ot peti. 
 served in such manner as may be prescribed. 
 
 15. Two or more candidates may be made respondents Number^^of re- 
 to the same petition, and their case may for the sake of 
 convenience be tried at the same time ; but for all the 
 purposes of this Chapter such petition shall be deemed to 
 
 be a separate petition against each respondent. 
 
 Ifi Where under this Chapter more petitions than Petitions to" be 
 one are presented relating to the same election or return, 
 all such petitions shall in the election list be bracketed 
 together, and shall be dealt with as one petition ; but such 
 petitions shall stand in the election list in the place where 
 
 bracketed. 
 
458 CONTROVERTED ELECTIONS OF [PART I. 
 
 Chap. 57. the last of such petitions would have stood if it had been 
 ' the only petition presented, unless the judge shall other- 
 
 wise direct. 
 Judges of county 17. The county court judges or a majority of them 
 ruiea.^"*'^'"* " piay from time to time make and alter and revoke general 
 rules and orders for the effectual execution of this Chapter, 
 and of the intention and objects thereof, and the regulation 
 of the practice, procedure and costs of election petitions, 
 and the trial thereof, and the certifying and reporting 
 thereon ; and such rules and orders shall be subject to the 
 same provision as relates to the ordinary rules r.i procedure 
 in county courts. 
 Force and scope 18. Any general rules and orders made as aforesaid 
 of rules. shall be deemed to be within the powers conferred by this 
 
 Chapter, and shall from the date of their publication in 
 the Royal Gazette be of the same force as if they were 
 enacted in the body of this Chapter. 
 
 Euies to be sub- 19. Any general rules and orders made in pursuance 
 mittedto Legis-of ^.y^jg Chapter shall be laid before the House of Assembly 
 within three weeks after they are made, if the Legislature 
 be then sitting,-and if the Legislature be not then sitting 
 within three weeks after the beginning of the then next 
 session of the Legislature. 
 
 Practice before 20. Until rules of court have been made in pursuance 
 rules made. q£ ^.y^jg Chapter, and so far as such rules do not extend, the 
 principles, practice, and rules on which the Supreme Court 
 and its judges have heretofore acted in dealing with elec- 
 tion petitions shall be observed so far as may be by the 
 judge in the case of election petitions under this Chapter. 
 Expenses, how 21. All expenses properly incurred by the sheriff jn 
 defrayed. providing him with a proper court shall be defrayed from 
 
 the municipal or town treasury. 
 Powers of judge 22. On the trial of an election petition under this 
 Chapter the judge shall, subject to the provisions of this 
 Chapter, have the same powers, jurisdiction, and authority 
 as a judge of the county court now possesses during term 
 or sittings of the county court, and the court held by him 
 shall be a court of record. 
 
 Attendance of 23. Witnesses shall be subpoenaed and sworn in the 
 
 winesses. same manner as nearly as circumstances admit as in 
 
 ordinary trials, 
 compuiaoiy at- 24. On the trial of an election petition under this 
 en ance. Chapter the judge may by order under his hand compel 
 
 the attendance of any person as a witness who appears to 
 him to have been concerned in the election to which the 
 petition refers, and any person refusing to obey such order 
 shall be guilty of contempt of court. 
 
TITLE XIII.] MUNICIPAL AND TOWN COUNCILLORS. 459 
 
 25. The judge may examine any witness so compelled Chap. 57. 
 to attend or any person in court, although such witness is Examination ot 
 
 not called. " witnesses. 
 
 26. The fees for travel and attendance payable to any witneoaea' fees. 
 person appearing to give evidence at the trial of an elec- 
 tion petition under this Chapter shall be the same, and 
 payable in the same manner, as those allowed to witnesses 
 
 in the Supreme Court, and may be allowed to such person 
 by a certificate under the hand of the judge ; and such 
 fees, if the witness was called and examined b}' the judge, 
 shall be deemed part of the expenses of providing a court, 
 and in other cases shall be deemed to be costs of the 
 •petition. 
 
 27. An election petition under this Chapter shall not ^j*^?^^^^'^^'- °* 
 be' withdrawn without the leave of the court or judge, upon 
 
 special application to be made in and at the prescribed 
 manner, time anJ place. 
 
 28. No such application shall be made for the with- NoWc^e ot with- 
 drawal of a petition until the prescribed notice has been 
 
 given in the municipality or town to which the petition 
 relates of the intention of the petitioner to make an appli- 
 cation for the withdrawal of his petition. 
 
 29 On the hearing of the application for withdrawal, Substitution of 
 
 , .,S 1 i-i- • i. <! petitioner. 
 
 any person who might have been a petitioner in respect oi 
 the election to which the petition relates may apply to the 
 judge to be substituted as a petitioner for the petitioner so 
 desirous of withdrawing the petition. 
 
 30 The iudae may if he think fit substitute as aMode of subati- 
 
 ■'it. 1 p • 1 J tution. 
 
 petitioner any such applicant as aforesaid ; and may 
 further, if the proposed withdrawal is in the opinion of the 
 judge induced by" any corrupt bargain or consideration, by 
 order direct that the security given on behalf of the 
 original petitioner shall remain as security for any costs 
 that may be incurred by the substituted petitioner, and 
 that to the extent of the sum named in such security the 
 original petitioner shall be liable to pay the costs of the 
 substituted petitioner. 
 
 31. If no such order is made with respect to the security^fo^^^^^^^ 
 -security given on behalf of the original petitioner, security er. 
 
 to the same amount as would be required in the case of a 
 new petition, and subject to the like conditions, shall be 
 o-iven on behalf of the substituted petitioner before he 
 proceeds with his petition, and within the prescribed time 
 of the order of substitution. 
 
 32. Subject as aforesaid a substituted petitioner shall Pj^on^o^^b- 
 stand in the same position as nearly as may be, and oeer. 
 subject to the same liabilities, as the original petitioner. If 
 
460 CONTROVEBTED ELECTIONS OF [PART I. 
 
 Chap. 57. a petition is .withdrawn, the petitioner shall be liable to 
 
 "" pay the costs of the respondent. 
 
 When more than 33. Where there are more petitioners than one nO' 
 
 one petitioner, application to withdraw a petition shall be made except 
 with the consent of all the petitioners. 
 
 Judge to report. 34. In Bverv case of the withdrawal of an election 
 petition under this Chapter, the judge shall report to the 
 municipality or town clerk whether in his opinion the 
 withdrawal of such petition was the result of any corrupt 
 arrangement, or in consideration of the withdrawal of any 
 other petition, and if so, the circumstances attending the- 
 withdrawal. 
 
 P«tjtjon. bow 35. An election petition under this Chapter shall be 
 
 abated by the death of a sole petitioner, or of the survivor 
 of several petitioners. 
 
 Liabuity for 36. The abatement of a petition shall not affect the 
 
 liability of the petitioner to the payment of costs previously 
 incurred. 
 
 Notice to be 37. If before the trial of any election petition under 
 
 given mce am ^j^.^ Chapter anj' of the following events happen in the 
 case of the respondent, that is to say : 
 (1.) If he dies ; 
 (2.) If he resigns his seat ; 
 
 (3.) If he gives in and at the prescribed manner and 
 time, notice to the court that he does not intend to oppose 
 the petition ; 
 
 Notice of such event having taken place shall be given 
 in the municipality or town to which the petition relates,, 
 and within the prescribed time after the notice is given 
 any person who might have been a petitioner in respect of 
 the election to which the petition relates .may apply to the 
 judge to be admitted as a respondent to oppose the petition,, 
 and such person shall on such application be admitted 
 accordingly, either with the respondent, if there be a 
 respondent, or in place of the respondents ; and any number 
 of persons not exceeding three may be so admitted. 
 
 Disability of :re- 38. A respondent who has given the prescribed notixie 
 
 spondent. .(.j^g^^ jjg ^j^gg jjq^ intend to oppose the petition shall not be 
 
 allowed to appear or act as a party against such petition- 
 in proceedings thereon, and shall not sit or vote in the 
 municipality or town council until the council has been 
 informed of the report on the petition, and the judge shall! 
 in all cases in which such notice has been given in the 
 prescribed time and manner, report the same to the munici- 
 pality or town clerk. 
 Costs, &e., by 39. All costs, charges, and expenses of and incidental 
 whom defrayed. ^^ ^j^^ presentation of a petition under this Chapter, and to. 
 the proceedings consequent thereon, with the exception of 
 
TITLE XIII.] MUNICIPAL AND TOWN COUNCILLORS. 461 
 
 such costs, charj^es and expenses as are by this Chapter Chap. 57. 
 otherwise provided for, shall be defrayed by the parties to 
 the petition in such manner and in such proportions as the 
 judge may determine, regard being had to the disallowance 
 of any costs, charges or expenses, which may in the opinion 
 of the judge have been caused by vexatious conduct, 
 unfounded allegations or unfounded objections, on the part 
 either of the petitioner or respondent, and regard being had 
 to the discouragement of any needless expense, by throwing 
 the burden of defraying the same on the parties by whom 
 it has been caused, whether such parties are or are not on 
 the whole successful. The costs may be taxed in the 
 prescribed manner, but according to the same principles as 
 costs between parties in actions at law ; and such costs may 
 be recovered in the same manner as the costs of an action 
 at law, or in such other manner as may be prescribed. 
 
 40. If any petitioner in an election petition presented Estreat of recog- 
 under this Chapter, neglect or retuse tor the space oi one 
 
 month after demand to pay to any person summoned as a 
 witness on his behalf, or to the respondent, any sum 
 certified to be due to him for his costs, charges, and 
 expenses, and if such neglect or refusal be within three 
 months after such demand proved to the satisfaction of 
 the judge, in every such case every person who has entered 
 into 'a recognizance relating to such petition under the 
 provisions of this Chapter shall be held to have made 
 default in his said recognizance, and the clerk of the 
 municipality or town council in the county or town in 
 which the trial of such petition shall have taken place, or 
 other prescribed officer, shall thereupon certify such recog- 
 nizance to be forfeited, and the same shall be thereupon 
 estreated, and all moneys received or recovered by reason 
 or in pursuance of the estreating or otherwise proceeding 
 on such recognizance, shall be paid to the prescribed officer, 
 and all such moneys and all moneys paid in as securities 
 on the presentation of an election petition, shall be applied 
 as the judge may direct, in pursuance of the condition of 
 the recognizance herein provided for. 
 
 41. Where it is found by the report of the judge upon ESeot^of^ corrupt 
 an election petition under this Chapter that any corrupt 
 practice has been committed by or with the knowledge 
 
 and consent of any candidate at any election, his election, 
 if he has been elected, shall be void, and he shall during 
 the two years next after the date of his being so found 
 guilty be incapable of being elected a municipal or town 
 councillor or warden or mayor, and of being registered as 
 a voter and of voting at any election, and of holding any 
 office at the nomination of the Lieutenant-Governor, or 
 
462 CONTROVERTED ELECTIONS OF [PART I. 
 
 Chap. 57. any mnnicipal office, or of being appointed or acting as a 
 
 justice of the peace. 
 
 Eieetor'a vote 42. If on the trial of any election petition it is proved 
 
 nuiiifled. ^-j^^^ ^^y Corrupt practice has been committed by any 
 
 elector voting at an election, his vote shall be null and void. 
 
 Candidate's eiec- 43. If on the trial of any election petition under this 
 
 tioii vacated. Chapter any candidate is proved to have personally 
 
 engaged at the election to which such petition relates as a 
 
 canvasser or agent in relation to the election, any person 
 
 knowing that such person has within two years previous 
 
 to such engagement been found guilty of any corrupt 
 
 practice by any competent legal tribunal, or by the report 
 
 of the judge upon an election petition under this Chapter, 
 
 . the election of such candidate shall be void. 
 
 Disability of 44. Any person other than a candidate found guilty 
 
 elector. ^£ ^^^ coiTupt practice in any proceeding in which after 
 
 notice of the charge he has an opportunity of being heard, 
 
 shall during the five years next after the time at which he 
 
 is so found guilty be incapable of being elected municipal 
 
 or town councillor or warden or maj'or of a town, and of 
 
 being registered as a voter, and of voting at any election, 
 
 and of holding any office at the nomination of the 
 
 Lieutenant-Governor, or any municipal ofiice, or of being 
 
 appointed or acting as a justice of the peace. 
 
 Perjury of wit- 45. If at any time after any person has become 
 
 °^^^' disqualified by virtue of this Chapter the witnesses or any 
 
 of them on whose testimony such person shall have so 
 
 become disqualified shall upon the prosecution of such 
 
 person be convicted of perjury in respect of such testimony, 
 
 it shall be lawful for such person to move the judge to 
 
 order, and the judge shall upon being satisfied that such 
 
 disqualification was procured by reason of perjury, order 
 
 that such disqualification shall thenceforth cease and 
 
 determine, and the same shall cease and determine 
 
 accordingly. 
 
 Neglect of pre- 46. If any presiding officer wilfully delays, neglects or 
 
 siding officer, refuscs to return any person who ought to be returned as 
 
 municipal councillor for any county or town, or warden or 
 
 mayor of any incorporated town, such person may, in case 
 
 it has been determined on the hearing of an election 
 
 petition under this Chapter that such person was entitled 
 
 to have been returned, sue the officer having so wilfully 
 
 delayed, neglected or refused duly to make such return of 
 
 his election, in any court of record in Nova Scotia, and 
 
 shall recover double the damages he has sustained by 
 
 reason thereof, together with full costs of suit, provided 
 
 such action be commenced within one year after the 
 
 commission of the act on which it is grounded, or within 
 
TITLE XIILJ MUNICIPAL AND TOWN COTJNCILLOES. 463 
 
 six months after the conclusion of the trial relating to Chap. 57. 
 such election. 
 
 47. In reckoning time for the purposes of this Chapter, Holidays 
 Sunday, Christmas Day, Good Frida- and any day set '''"''""^°''" 
 apart for a public fast or public tha ksgiving shall be 
 excluded. 
 
 48. No election or return of a municipal or town Election, where 
 councillor, or warden or mayor of any incorporated town,'"''^'^"^^''""^''' 
 shall be questioned except in accordance with the provisions 
 
 of this Chapter. 
 
 49. Where an election petition complains of the conduct fg|^f^ ""^^^ 
 of a sheriff or presiding ofBcer, such sheriff or presiding spondent. 
 officer shall, for all purposes of this Chapter, except 
 
 the admission of respondents in his place, be deemed a 
 respondent. 
 
 50. A petition under this Chapter complaining of no Return ^may be 
 return may be presented to the judge, and shall be deemed """^^ ' ' 
 
 to be an election petition within the meaning of this 
 Chapter, and the judge may make such order thereon as 
 he thinks expedient for compelling a return to be made, 
 or may order such petition to be heard by him in manner 
 hereinbefore provided with respect to ordinary election 
 petitions. 
 
 51. On the trial of a petition under this Chapter Evidence of 
 
 ... n T . T ^ ' ' 2.-[ !.£ undue election 
 
 complaining oi an undue return and claiming the seat tor 
 some person, the respondent may give evidence to prove 
 that the election of such person was undue, in the same 
 manner as if he had presented a petition complaining of 
 such election. 
 
 52. Any person who' according to the law for the time who permitted 
 
 •' f -, . ° , 1- -J. • to practise. 
 
 being is entitled to practise as an attorney or solicitor in 
 Nova Scotia, may practise as agent or attorney, and any 
 person who lay the law for the time being is entitled to 
 practise as a barrister-at-law may practise as a counsel 
 in cases of election petitions and all matters relating to 
 elections. 
 
 PKEVENTION OF CORKTTPT PKACTICES. 
 
 53. No candidate shall at any election, nor shall any Mnk not to be 
 other person acting on his behalf, either provide or furnish "™" ' ' 
 drink or other refreshment to any elector during such 
 election, from nomination day to polling day, both inclusive, 
 
 or pay for, procure, or engage to pay for any such drink or 
 other refreshment. 
 
 54 No candidate or any other person shall furnish or Flags &c. not 
 
 um. J.1 v/ ^u. ,11 L £ 1 ,1 to be furnished. 
 
 supply any ensign, standard or set ot colors, or any other 
 flacf to or for any person or persons whomsoever, with 
 intent that the same should be carried or used in any 
 
CONTROVERTED ELECTIONS OF 
 
 [part I. 
 
 Ribbons, &c., 
 not to be fur- 
 nished. 
 
 Chap. 57. municipality on the day of election, or within eight days 
 before such day, or during the continuance of such election 
 or the polling, by such person or any other as a party flag 
 to distinguish the bearer thereof, and those who may follow 
 the same, as the suppor-ters of such candidate, or of the 
 political or other opinions entertained or supposed to be 
 entertained by such candidate; nor shall any person for 
 any reason carry or use any such en.sign, standard or set 
 of colors, or other flag as a party flag, within such munici- 
 pality or town on the day of any such election or polling, 
 or within eight days before such day, or during the 
 continuance of such election. 
 
 55. No candidate or other person shall furnish or 
 supply any I'ibbon, label or like favor to or for any person 
 whomsoever, with intent that the same should be worn or 
 used within such municipality or town on the day of 
 election or polling, or within eight days before such day, 
 or during the continuance of such election, by such person 
 or any other, as a party badge to distinguish the wearer 
 as the supporter of such candidate, or of the political or 
 other opinions entertained by such candidate ; nor shall 
 any person use or wear any ribbon, label or other favor, 
 as such badge either on his person or affixed to any horse 
 or vehicle within such municipality or town on the day of 
 any such election or polling, or within eight days before 
 such day, or during the continuance of such election. 
 
 by 56. Every person offending against any of the provisions 
 of the three next preceding sections shall, on summary 
 conviction before two justices of the peace or a stipendiary 
 magistrate, be punishable by fine not exceeding fifty dollars, 
 in the discretion of the court, 
 not to 57. No spirituous or fermented liquors or strong drinks 
 shall be sold or given at any hotel, tavern or shop, or other 
 place whatever within the limits of any polling district 
 during the whole of the polling day at any election, under 
 a penalty of fifty dollars for every offence, on summary 
 conviction before two justices of the peace or a stipendiary 
 magistrate. 
 
 58. Every candidate who corruptly by himself or by 
 or with any person, or by any other ways or means on his 
 behalf, or with his knowledge and consent, at any time 
 either before or during any election, directly or indirectly 
 gives or provides, or causes to be given or provided, or is 
 accessory to the giving or providing, or pays wholly or in 
 part any expenses incurred for any meat, drink, tefreshment 
 or provision to or for any person, in order to be elected or 
 for being elected, or for the purpose of corruptly influencing 
 such person or any other person to give or refrain from 
 
 Punishment 
 fine, &c. 
 
 Liquors 
 be sold. 
 
 Liability of can- 
 didate. 
 
TITLE XIII.] MUNICIPAL AND TOWN COUNCILLORS, 465 
 
 giving his vote at such election, shall he deemed guilty of Chap. 57. 
 the offence of treating, and shall forfeit the sum of one 
 hundred dollars to any one who shall sue for the same, with 
 full cosis of suit, in addition to any other penalty to which 
 he may be liable therefor under' any other provision of 
 this Chapter ; and on the trial of an election petition, there 
 shall be struck off from the number of votes given for such 
 candidate one vote for every person who shall have voted, 
 and is proved on such tiial to have corruptly accepted or 
 taken any such meat, drink, refreshment or provision. 
 And the giving or causing to be given to any voter on the 
 nomination day or day of polling, on account of such Voter 
 having voted or being about to vote, any meat; drink or 
 refreshment, or any money or ticket to enable such vot^r 
 to procure refreshment, shall be deemed an unlawful act, 
 and the person so offending shall forfeit the sum of ten 
 dollars for each offence to any person suing for the same, 
 with full costs of suit, or shall suffer imprisonment for a 
 . term hot exceeding ten daj's. 
 
 59. The hiring or promising to pay or paying for anycab hiring pro- 
 horse, team, carriage, cab or other vehicle, by any candidate 
 
 or by any person on his behalf, to convey any voter or 
 voters to or from the poll, or to or from the neighborhood 
 thereof at any election, or the payment by any candidate, 
 or by any person on his behalf, of the travelling and other 
 expenses, of any voter, in going to or returning from any 
 election, shall be unlawful acts ; and the person so offending 
 shall forfeit the sum of fifty dollars to any person who 
 shall sue for the same ; and any voter hiring any horse, cab, 
 cart, waggon, sleigh, carriage, or other conveyance for' any 
 candidate, or for any agent of a candidate, for the purpose 
 of conveying any voter or voters to or from the polling 
 place or places, shall ipso facto be disqualified from voting 
 at such election, and for every such offence shall forfeit the 
 sum of twenty-five dollars to any person suing tot the 
 same. 
 
 60. From every order and decision of the judge there Apical to su- 
 shall be an appeal to the Supreme Court, in the manner and 
 
 with the procedure as nearly as may be as applies to 
 appeals in cases over forty dollars, and all appeals to th^ 
 Supreme Court under this Chapter shall be heard and 
 determined by the coiirt as soon as practicable after their 
 entry for argument, whatever may be their position on the 
 docket of arguments. 
 
 61. No bill of costs to be taxed in any election peti- Limit oJ taxed 
 tion under this Chapter shall exceed one hundred dollars.' °°''"" 
 
 31 
 
CONTROVEBTED ELECTIONS, ETC. [PAWt i. 
 
 Chap. 57. 
 
 SCHEDULE- 
 
 Form of affidavit om, production of books and papers. 
 
 In the Court, 
 
 Election for holden on the day 
 
 of A. D. 
 
 I, of , make oath and say : 
 
 (1.) That I have in my possession or power the docu- 
 ments relating to the matters in question set forth in the 
 first and second parts of the first schedule hereto annexed, 
 
 (2.) I object to produce the said documents set forth 
 jn'the second part of the said first schedule. 
 
 (3.) (State upon what grounds objection is made, and 
 verify the facts as far as may be.) 
 
 (4.) I have had, but have not now in my possession or 
 power, the documents relating to the matters in question, 
 set forth in the second schedule hereto annexed. 
 
 (5.) The last mentioned documents were last in my 
 possession or power on (state when.) 
 
 (6.) (State what has become of the last mentioned 
 documents, to whom you have given them, and in whose 
 possession they now are.) 
 
 (7.) According to the best of my knowledge, remem- 
 brance, information and belief, I have not now and never 
 had in my own possession, custody or power, or in the 
 possession, custody or power of my agents or attorneys, 
 agent or attorney, or in the possession, custody or power of 
 any other person on my behalf, any deed, account, book of 
 accounts, minutes, vouchers, receipt, letter, memorandum, 
 paper or writing, or any copy of or extract from any such 
 document or other document whatever, relating to the 
 matters in question, or any of them, or wherein any entry 
 has been made relative to such ipatters, or any of them, 
 other than and except the documents set forth in the first 
 and second schedules hereto annexed. 
 
 Sworn, &c. ■ ; 
 
 (Annex the schedules mentioning the documents in 
 question.) 
 
^ITLE Xlll.] MUNICIPAL ASSESSMENTS. 467 
 
 Chap. 58. 
 CHAPTEE 58. 
 
 tif MUNICIPAL ASSESSMENTS. 
 
 1. The coAincil of each municipality at the regular i-rovisions to to 
 January meeting in each year may make necessary pro- parc'?;„";r'ii; 
 Visions for the erection or repairs of lock-up houses and '*'''^'" °*"'- 
 the payment of keepers thereof^ for the purchase, erection, 
 
 hiring or repairing of market or town houses; for the 
 providing of hay .scales, weights and appurtenances ; for 
 ■sets of weights a^nd scales, and for measures for any 
 •necessary places within the municipality; and the sums 
 necessary for such purposes shall be added to the amount 
 to be assessed upon the municipality for the current year. 
 
 2, It shall be the duty of the council of each munici- Further provi- 
 pality at each regular January meeting to make necessary by"" muniSpl' 
 provisions for the building or repairing of a jail or the S!" '"""'*'' 
 appurtenances thereof, a court house or sessions house, and 
 
 for fuel and light for the use of the same ; for the erecting 
 -and repairing of pounds and providing bolts, bars and » 
 shackles, and also for conveying persons accused of crimes 
 to jail when the distance shall be three miles and upwards 
 <at a rate not over ten cents per mile for each person so 
 accu.sed; for the decent support of poor criminals or poor 
 ■debtors in jail ; for the salary of the treasurer of the 
 municipality ; for a salary to the clerk of the municipality 
 of not less than one hundred dollars; for the maintenance 
 of a jailer; for the paying of criers for the several courts; 
 for defraying the expenses of poor witnesses on the trials 
 of persons accused of criminal offences ; for defraying the 
 changes of public executions and of conveying criminals 
 under sentence to their places of confinement ; for defraying 
 the expenses of persons sentenced to confinement and labor 
 within the municipality, and procuring materials for such 
 labor ; for paying extraordinary expenses ordered by the 
 ■council to constables, and incurred in execution of their 
 duty in cases of riot or felony ; for paying officers, non- 
 commissioned officers and men of the militia of Canada 
 ■called out on the requisition in writing of the warden or 
 of three magistrates in aid of the civil power in case of 
 riot, disturbance or other emergency ; for paying allowances 
 , to special constables ordered by the council about executing 
 ■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 municipality; for expenses incurred about removing 
 municipal rates by.certiorari or otherwise, or in prosecuting 
 
4G8 
 
 MUNICIPAL ASSESSMENTS. 
 
 [part I. 
 
 Chap, 58. or defending any action or proceeding at law respecting 
 
 such municipal affairs. 
 What real and 3. For all purposes for which local and direct taxes 
 KbirtotaxatLn^'"® ^nd ^'^^^'' '3® levied by authority of law, unless other- - 
 wise specially provided for by law, all land and all such 
 persona! property as is hereinafter defined, whether owned 
 by individuals, co-partners or corporations, shall be liable 
 to taxation, subject to the exceptions hereinafter specified ; 
 and the occupant of any crown land shall be liable to 
 taxation for the land so occupied, but such land shall not 
 
 be chargeable for the same. 
 
 Definition 
 termB. 
 
 4. The words " pei'sonal estate " and " personal pro- 
 perty," when they occur in this Chapter, shall be understood 
 to include all such goods, chattels and other property as 
 are enumerated in Schedule A, hereto annexed, and no 
 other ; and the term " property " shall include both real 
 and personal property. 
 
 Exemptions. ,5. The following property shall be exempted from 
 
 taxation, viz. : first, lands belonging to Her Majesty or 
 held in trust for Her Majest}'^ for the public uses of the 
 Province ; secondly, every place of worship, every church 
 yard or burial ground, the real estate of every college, 
 academy or other institution of learning, every public 
 school house, town hall, court house, lock-up house, tem- 
 perance hall, all public landings, public breakwaters and 
 public wharves, all school land.s, and the property of every 
 township or town, city or county, if occupied for the 
 purposes thereof, or if unoccupied ; thirdly, the Provincial 
 Penitentiary and the land attached thereto, the Hospital 
 for the Insane and the land attached thereto, the Provincial 
 railway, rolling stock, and railway stations and lands 
 attached thereto or to the railway; fourthly, lands belonging 
 to any widow, or minor, or school teacher to the amount of 
 four hundred dollars ; fifthly, funds invested in provincial 
 debentures ; sixthly, the produce of any farm being the 
 property of the person who raised or produced the same, 
 and being intended and reasonably necessary for actual 
 consumption on such farm. 
 
 6. One fourth and no more of all local and direct 
 and upon j.g^jjgg gjj^ll be levied and assessed by an equal rate as a 
 poll tax on all male persons living within the district of 
 the age of twenty-one years and not being paupers ; and 
 the other three fourths shall be levied and asse.ssed upon 
 the whole taxable real and personal property of the locality 
 to be taxed in proportion to the assessed value thereof, and 
 not upon any one or more kinds or species of property in 
 
 Proviso. particular; provided such poll tax shall not exceed the 
 
 sum of thirty cents on any individual ; but the council in 
 
 Poll tax, propor- 
 tion 3, 
 wh'jm, 
 
TITLE Xin.] MUNICIPAL ASSESSMENTS. 469 
 
 an}' municipality may order the whole amount to be levied Chap. .58. 
 and assessed solely upon real and personal estate. 
 
 7. In makinor up the assessment roll the assessors ^Jf*,^^'*''* "■"" : 
 shall be governed by the following rules : — ™ °' °''' 
 
 (I,) The assessors in making up the assessment rollM*«'«. 
 shall follow the divisions into polling districts, and shall 
 arrange separately in alphabetical order the names of the 
 ratable inhabitants of each polling district. 
 
 (2.) Where the owner or occupier is resident within to meiude aii 
 the municipality the assessors for the district within ^T/'^i? fe^-' 
 which he resides shall include in the roll the whole of his'^^"'"- 
 assessable property. 
 
 (3.) If such property be situate in different districts when in differ- 
 of the tnunicipality, it shall be so discriminated in the™"^'""'"''' 
 assessment roll as to shew for what amount he is assessable 
 in each district. 
 
 (4.) Where the owner or occupier is not resident Non-residents, 
 within the municipality, or is unknown, and the lands are 
 unoccupied, the lands shall be assessed as lands of non- 
 residents in each separate district in which they lie. 
 
 (5.) Where the owner of lands which are occupied by Tenants. 
 another party as tenant for any pei-iod less than one year 
 resides within the municipality, the l^nds shall be estimated 
 as property of the owner saving his recourse against the 
 occupier ; and where the owner of the lands is not resident 
 within the municipality they shall be estimated as the 
 property of the occupier. 
 
 (6.) In making up the assessment roll the assessors Persona unawe 
 shall not be required to enter upon it the name of anyomit'ted. '" ""^ 
 person whom the assessors shall dtiem to be unable to pay 
 the rate. 
 
 8. Between the first day of November and the first Time in which 
 day of December in each 3'ear, the assessors appointed by to be made, 
 the municipal council for each municipality shall proceed 
 
 to ascertain by diligent inquiry the names of all the 
 taxable inhabitants, and also all taxable property within 
 the same, its extent, amount and nature. They shall then 
 prepare an assessment roll, in which shall be set down in 
 difi^erent columns and according to the best information in 
 their power, the names of all taxable parties in the town- 
 ship or district, with the extent or amount of property 
 assessable against each under the provisions of this Chapter, 
 and containing the particulars mentioned in Schedule B, 
 for each of the items of which the assessment roll shall 
 contain a separate column. 
 
 9. The lands of non-residents shall be designated in Lands of non- 
 the assessment roll, but in a separate part of it under the"^' 
 
 head of "assessment roll of non-residents' lands," which 
 
470 MUNICIPAL ASSESSMENTS. [PAET IL' 
 
 Chap. 58. shall contain the several particulars specifiied- in that part, 
 of Schedule B which refers to .such lands. 
 
 Pi-operty how 10. All real and personal property lia^ble to taxations 
 shall be estimated by the assessors at its actual cash value;. 
 
 Completion of H. The assessors shall Complete the roll on or before- 
 the tenth day of January in each year, and they or a. 
 majority of them shall forthwith thereafter .sign the same,.; 
 first attaching thereto a certificate in the following form : 
 
 certificate. " We d& severally certify that we have set out in the- 
 
 above assessment roll all the real and personal pi-operty 
 liable to taxation within the mvtnicipality owned or occupied- 
 by persons residing within our district, and all the real 
 and personal property within our district owned or occupied 
 by persons not residing within the municipality Hable to.' 
 taxation within our district,, and the actual value thereof 
 in each case, according to our best information and judg- 
 ment. [In municipalitiefi where poll tax is levied add the 
 foUoiving i) We fuitber certify that we have in such roll 
 set down the names of all the inhabitants within such, 
 district subject to poll tax." 
 
 Eoii, when tor- 12. The roll thus certified shall be forthwith forwarded 
 
 r^municipauty to the clcrk of the municipality ;, and a true copj' thereof^ 
 
 and posted. similarly certified, to be made by the assessors,, shall be- 
 forthwith posted up by them in some public and conspicuous 
 place within, the township or district foi' which they are-, 
 assessors, for the information of all parties concerned. 
 
 County and poor 13. From such roll the county rate.s and poor rates. 
 
 " '^' shall be made as follows : 
 
 Residents, (1.) Any party residing within the municipality shall 
 
 be taxed for his county rate in one sum, which- shall be 
 collected by the collector of the district where he resides. 
 
 Peor rates. (2.) Such party shall be taxed for his poor rate in each 
 
 district where his taxable property lies, and the same shall 
 be collected by the several collectors of the poor rates in, 
 the several districts. 
 
 Non-residents. (3.) Where the party taxable is a non-resident or 
 
 unknown,, his property shall be taxable for both poor and 
 county rates in the district where such property lies^ 
 
 Clerk of munici- 14. The clcrk of the municipality shall, on or before- 
 
 out county ratea *'li6 ti,rst day of April in every year, make out from sucli 
 roll the county rate for each township, or district, con- 
 taining the particulars mentioned in Schedule C, or other 
 particulars to the like eifect. 
 
 Assessors to fur- 15. The assessors shall furnish to the clerks of the- 
 
 distrrotwithcopy p©or districts within their limits a certified copy of the roll 
 
 of coll. forwarded by them to the clerk of the municipality; and 
 
 within thirty days after the receipt thereof the clerk of 
 
 the poor district shall make out the poor rate for his. 
 
TITLE Xni.] MUNICIPAL ASSESSMENTS. 4.71: 
 
 district, containing the same particulars as the county rate ChaI". 58. 
 collector's roll, making allowance for necessary differences, 
 and place the same in the hands of the collectors. 
 
 16. On the assessment roll, -whether of county or poor Assessment rou. 
 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 put 
 down on such roll the true valuation of the lands of non- 
 residents opposite to the names of such non-residents, and 
 also the amount chargeable upon such lands. 
 
 17. The clerk of the municipality shall deliver the roUTo ^^^,^^?JJ™''^'* 
 so made by him to the collectors appointed by the council c?erk'o1°municu 
 for each township or district. ''*'''''• 
 
 18. The town clerk or clerk of the poor district shall collector's roUs 
 deliver the collector's roll of poor rates so made by him tg °' ^°°'' ™'^' 
 the collectors, who shall be appointed as hereinafter men- 
 tioned. 
 
 1.9. The council shall fix the time within which the Duty of collector 
 collector shall collect and pay over the amount of his roll ; 
 a^nd the collector within such time shall collect and pay 
 over the amount of his roll to the treasurer. 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. 
 
 20. As regards the lands of non-resident owners named Non-resident 
 in the collector's roll, it shall be the duty of such collector, °™"^" 
 where the owner is known to him, to transmit by post a 
 statement and demand of the charges taxed against him in 
 
 the roll. 
 
 21. If the taxes be not paid within twenty days unpaid taxes - 
 thereafter, the collector may apply to two justices of the,™;™'*' '"'°" 
 peace ; and upon affidavit being made of such statement 
 
 and demand having been duly mailed by the collector and 
 that the taxes are unpaid, and upon their being satisfied 
 that there can be found on the lands sufficient timber, 
 wood, poles or other materials, to defray such taxes and 
 expenses, such justices shall issue a warrant, authorizing 
 the collector to "sell so much of such timber, wood, poles, or 
 other materials, as may be necessary to pay such taxes and 
 expenses. 
 
 22. Where the owner is unknown to the collector, unknown own- 
 affidavit of that fact shall supersede the necessity of the""' 
 affidavit of mailing a notice and demand ; and in such case 
 
 the warrant shall issue as provided in the last preceding 
 section. 
 
472 MUNICIPAL ASSESSMENTS. [PART I. 
 
 CSap. 58. 23. If the justices on application of the collector shall 
 
 Where no pro- be Satisfied that no timber, wood, poles or other materiaLs- 
 Mrtify^"**'°°**°<'^'^ ^6 found on the land sufficient to satisfy the warrant, 
 they shall give him a certificate to that eflTuct, which shall 
 be his authority for taking no further steps to collect the 
 rate to which such certificate applies. 
 Levy of warrants 24. It shall be the duty of the collector to levy any 
 warrant issued by such two justices by selling so much of 
 the timber, wood, poles or other materials on the land as 
 will be sufficient to pay the amount of such rates and the 
 expenses connected therewith ; and in making such sale 
 he shall sell only so much and such part thereof as shall 
 be sufficient to satisfy such rates and the expenses con- 
 nected therewith — first selling such part thereof as he 
 shall consider most for the advantage of the owner of the 
 land to have sold. 
 Purchaser's right 25. A purchaser under such sale shall be entitled to a 
 ° °" "^^ right of entry upon the lands to remove the timber, wood, 
 
 poles or other materials purchased by him at any time 
 within one year after the sale, and to any other incident 
 that may be necessary to render his right available to him ; 
 hut shall have no further right, privilege or easement 
 whatever in respect thereof. 
 Sale, public no- 26. The Collector shall give public notice of the day 
 of the sale, of the description of the property, and (when 
 known) the name of the owner, and the amount of taxes 
 rated on the property, which notice shall be given at least 
 ten days previously to the sale, by handbills posted up in 
 at least five public places near to the lands in question ; 
 and the sale shall be made at public auction. 
 
 toThoL pS!^* 27. If the amount realized by such sale shall be greater 
 than the amount due for the taxes and expenses and the 
 costs of such sale (the same being regulated by the amount 
 paid on constables' .sales, under executions issued from 
 justices), the surplus shall be paid over to the treasurer, 
 who shall enter the same as surplus funds in the book to 
 be kept by him as hereinafter mentioned. 
 
 Z^Zt^A *'°y.^^ 28. In case the collector shall be unable under such 
 
 returned, when, n i i i i . 
 
 &C. warrant to collect the amount by sale as aforesaid, then it 
 
 shall be his duty to return such warrant, with a statement 
 of his doings thereon, to the treasurer, within ten days 
 after the day named in his advertisement for the sale 
 thereunder. 
 
 Assessment roll, 29. Every Collector shall, at the expiration of the time 
 limited by his roll, return to the treasurer so much of the 
 assessment roil touching the lands of non-residents as 
 relates to those lands in respect of which the taxes remaia 
 unpaid, or in respect of which surplus shall arise, in all 
 
TITLE xni.] MUNICIPAL ASSESSMENTS. 473v 
 
 cases where sales under warrant shall have taken place ; Chap. 58. 
 
 and shall also return the certificate given to him as 
 
 aforesaid. 
 
 30. The treasurer shall record, in a book to be kept Records kept by 
 by him for that purpose, the description of all such lands, "■'"'"^'''• 
 and shall minute opposite thereto the taxes and costs 
 chargeable thereon, and the proceedings had in respect 
 
 thereof ; and such taxes and costs shall be a privileged 
 lien upon the lands, bearing interest at ten per cent; for 
 the first year, increasing annually by two per eent. 
 additional until pa3'ment. 
 
 31. It.shallbetheduty of the treasurer to lay every year Warrants, by 
 before the council for each municipality the book containing Tn'^dwhen™''''^'* 
 such entries ; and such council shall 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 discharge 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. 
 
 32. When the council shall have ordered a sale, the saie.when order- 
 clerk of the municipality 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. 
 
 33. The sheriff' shall thereupon sell by public auction sheriffs s»ie,how 
 so much of the lands as shall be suflBcient to discharge ™''"''^°''*' 
 such taxes and expenses and the charges of sale, selling ' 
 
 first in preference such part of the lands as he maj' con- 
 sider to be the least to the injury of the owner, and in all 
 other re.spects, 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 within 
 one month after sale he shall return his warrant to the 
 treasurer and pay over to him the proceeds of such sale, 
 deducting such costs as he would have been entitled to 
 under judgment sales. The sheriff's deed, which shall be in 
 the form in the schedule E, or to that effect, shall be primd 
 facie evidence of the title of the lands being conveyed to 
 the grantee. 
 
 34. The treasurer shall note in the book to be kept by surplus how dis- 
 him any surplus moneys arising by collector's, constable's, ^°**'' "'■ 
 
 or sheriff's sales opposite the record of the description of 
 the lands ; and any such .surplus shall in the meantime be 
 added to the general municipal fund, and be paid to the 
 order of such person or persons as shall prove to the 
 
474 MUNICIPAL ASSESSMENTS. [PART I. 
 
 Chap. 58. satisfaction of the council his or their ritjht to the same as 
 owners of the lands in respect of which the sale occurred. 
 Poor rates on 35. The treasurer, on receipt of the taxes on lands of 
 residents' paid non-residents, shall pay over as soon as reasonably may be 
 "'"• to the overseers of the poor of any district so much of 
 
 those moneys as belong to the poor rates of the district. 
 Collector to pay 86. The collectors shall pay over the moneys received 
 
 over to treasurer. .,i j.ji xil-x I'i! 
 
 Without delay to the treasurer, who, it necessary, may 
 maintain an action therefor as for money had and 
 received to the use of such treasurer; and such action, 
 whatever may be the amount claimed, may be brought - 
 before any two justices of the peace for the county, 
 subject to appeal as in ordinary cases ; and every collector 
 Return of do- shall make a general return to a justice within the town- 
 ship or place, or if none reside there to any justice of the 
 county, of every person who, after demand made either 
 personally on the party rated, or by leaving at his residence 
 a written or printed demand of such rate, or if he has 
 removed from the district, by mailing a letter containing 
 such demand directed to his then residence, shall not have 
 paid his rate ; and the collector shall make oath in writing , 
 before such justice, setting forth the name of every 
 defaulter, the sum assessed, that demand has been made, 
 and what portion of the rate is unpaid. 
 
 General or spe- 37. Such lusticc shall thereupon forthwith issue a 
 
 cial warrants i .i l i^ t l -.ji i 
 
 may issue. general or special warrant oi distress against the several . 
 defaulters, or any one or more of them, in the form in the 
 schedule, directed to a constable or to such collector, 
 commanding him to levy from the goods of each person 
 named in the warrant the sum due by such person, with 
 collector's or constable's and justice's fees, and shall specify 
 therein when the same shall be returnable ; and the con- 
 stable or collector shall return the same within the specified 
 time under a penalty of twenty dollars, to he collected and 
 added to the funds of the county over the amount 
 
 Tees, collected thereunder, to the treasurer. The justices' fees 
 
 for such warrant shall be seventy cents, and the collector's 
 or constable's fee for each person in the warrant shall be 
 twenty cents ; but the collector or constable shall have no 
 travelling fees or poundage, and the justice's fee shall be 
 apportioned among the several persons, if more than one, 
 in the warrant ; and no suit shall be brought against such 
 defaulters before any such justice. If the collector 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 defaulters for both rates shall be 
 
TITLE XIII.J MUNICIPAL ASSESSMENTS. 475 
 
 included in one warrant ; and the form of the warrant in Chap. 58. 
 the schedule of chapter 35, " Of the Settlement and Sup- fo™ of general 
 port of the Poor," or that in schedule F of this Chapter, '«'"™*- 
 StO altered as to answer the purpose of collecting both rates, 
 shall be used. 
 
 38. The collector or constable shall forthwith execute constable's or 
 such warrant and pay over the amount collected there- on'wanant.'*"''' 
 under to the 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 Sepa^te^a^nt 
 
 general warrant as may be necessary, to include costs and 
 
 fees theron, directing the collector or constable to levy on • 
 
 the goods and chattels of such defaulter or defaulters, and 
 
 for want thereof 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, and the justice shall be entitled to a fee of 
 
 twenty cents for such warrant or execution. 
 
 39. Where the amount to be collected under anywanant when 
 warrant of distress or commitment exceeds two hundred IhS. ^ 
 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. 
 
 40. If the council shall neglect to make provision for council nesiect- 
 
 * . o. . „\, . ^, ing to make pro- 
 
 t-he several purposes mentioned in section z oi this Chapter, vision under 
 or any other necessary, requisite and lawful purpose within prc'me" court "o 
 the scope and authority of the council, the Supreme Court p?^y_« °'°™'' 
 shall amerce the municipality in such sum as shall appear 
 upon affidavit of a ratepayer necessary for the purposes 
 of the second section, which sum shall be assessed upon 
 the inhabitants of the municipality, collected, paid to the 
 treasurer, and accounted for as other rates. 
 
 41. Where the Supreme Court have power by any Act |™f;^^"^„^^ 
 to amerce a municipality, district or township, an order of 
 
 the court specifying the amount to be amerced and the 
 purpose thereof, whep served upon the clerk of the 
 municipality, shall render it the duty of the clerk and of cierk of munioi,, 
 every other municipal officer connected with the assessment Pg^'i'jViied?"'"* 
 and collection of rates to proceed in respect to the 
 assessment, levy and collection of the sum to be amerced, 
 together with the costs of the rule, when ordered and 
 taxed, in like manner as if the same had been levied by 
 the municipality in the usual course. 
 
 42. Any municipal officer neglecting or refusing to Neglect ojduisy, 
 perform any duty devolving upon him under this Chapter' 
 
 iu respect of such amercement may be proceeded against 
 
476 MUNICIPAL ASSESSMENTS. [PAET I. 
 
 Chap. 58. and punished as for a contempt of court, and shall also be 
 Yiae. liable to any fine or penalty imposed upon such officer for 
 
 neglect of duty. 
 
 Supreme Court 43. The Supreme Court, in case of the nejjlect or 
 son when muni- rcfusal of any such clerk or other municipal officer to 
 fisesto^T '^"perform any duty devolving upon him under this Chapter, 
 shall have power to name a person to discharge such duty 
 in the place of the officer so neglecting or refusing ; and 
 the person so appointed shall have all the powers, rights 
 and authorities, and be subject to all the liabilities, of the 
 officer in whose room he is so appointed. 
 
 Special warrant,^ 44. In any case in which a collector of rates shall 
 deem it necessary to apply for a warrant against a defaulter, 
 such collector shall make oath before a justice of the peace 
 that he has demanded the rate from such defaulter, and 
 that he deems it necessary in order to obtain payment 
 thereof that such warrant should issue ; and thereupon it 
 shall be proper and competent for the justice to issue a 
 special warrant of distraint to include one or more 
 defaulters as circumstances may require, and to be executed 
 in manner prescribed by this Chapter ; and it shall not be 
 necessary that all defaulters shall be included in one 
 warrant of distraint. 
 
 Moneys paid to 45. All moneys belong] nis; to or due the county shall: 
 be paid to the treasurer thereof, who if necessary may 
 maintain an action therefor as for money had and received 
 to the use of such treasurer; and all moneys due from, 
 the county shall be paid by him on the order of the council. 
 
 """"nt^tobe ^ ^^' ^^^^ treasurer shall once in every year, at such 
 pared annuaify time as may be directed by the council, make up his 
 and audited. account aud Send the same to the clerk of the municipality 
 to be filed and audited ; and the same shall be laid before 
 the council on the first day of the next session to be 
 audited ; but the council may at any time if they see fit 
 order the treasurer to make out aud render his account 
 up to any period named in such order. 
 
 Appeals, when ' 47. Any person aggrieved by the assessment or the 
 euted."" ''"^^'levy may appeal to the next session of council held in the 
 county, or to any special session to be held for hearing 
 appeals, giving at least eight days' notice to the clerk of • 
 the municipality of such appeal, who is required to appear 
 in support of the assessment or rate ; but such application 
 shall be founded on affidavit setting forth the grounds 
 thereof ; and the court of appeal without prejudice to the 
 whole or any part of the assessment may either set aside 
 or lower the rate on such person, or finally determine the 
 appeal, as they shall see fit. 
 
TITLE XIII.] MUNICIPAL ASSESSMENTS. 477 
 
 48. Any party aggrieved by the decision of the council Chap. 58. 
 may appeal therefrom to the next term of the County or Party aggrieved 
 Supreme Court for the county. The appellant shall within J^^un^fi"'''"" °f 
 ten days after such decision file a bond with two sufficient peai to supreme 
 sureties in the sum of one hundred dollars to Her Majesty '"' '^°""''"-'°'"''- 
 the Queen to respond the judgment of the court of appeal, appelf'"*'' "" 
 and to pay such costs as may be adjudged against him in 
 
 respect of such appeal. And the court of appeal may 
 inquire into the matter de novo, and examine such vvitnesses 
 and take all such proceedings as may be requisite for a 
 full investigation of the case. 
 
 49. If any money has been paid by the appellant, and Repayment, 
 the councilor court of appeajl adjudge that the same or '*''°° '"''^"*'*' , 
 any part thereof be returned, the same shall by order of 
 
 the council be repaid by the treasurer out of any money 
 received from the general assessment of the municipality, 
 but no appeal shall delay the collection or recovery of the Appeal not to 
 sum assessed upon the appellant. ''"'"^ °'"'°°"°"- 
 
 50. Every person appointed by any council or by any overseers of 
 amercement to be an overseer of work or distributor of " "coun^. ''™'*°'' 
 money so raised shall at the next meeting of council, and 
 
 within a reasonable time by the council 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 ha,ve money on hand he shall forthwith pay the 
 same to such person as the council shall appoint ; and in proceedings in 
 default of such account or payment be shall by warrant d^'"""" 
 of the council be committed to jail, there to remain in 
 close confinement for three months, or until such account 
 be made, and the balance be paid with costs, or sufiicient 
 security be given for the same. 
 
 61. The council out of the money assessed shall from Compensation to 
 time to time order a reasonable compensation to overseers, o^^™^*"' «'»• 
 distributors of money, and constables employed under 
 this Chapter. 
 
 52. All forfeitures and penalties hereby imposed as to Forfeitures and 
 .which it is not otherwise herein provided shall be sued for, PXit'ed,' &o!"''* 
 collected and recovered by summary conviction before a 
 justice or justices of the peace or stipendiary magistrate; 
 provided that the amounts of all penalties when recovered 
 shall be paid to the treasurer of the municipality for the 
 general purposes thereof. 
 
 63 No action shall be commenced for anything done Limitation of ac 
 in pursuance of this Chapter after six months from the """'■*'"' """'• 
 date of the act complained of, and every such action shall 
 be laid where the cause of action arose. 
 
478 MtJNlCIPAlj ASSESSMENTS. [PART l. 
 
 Chap. 58. 54. No certiorari to remove rates or orders, or other 
 
 Certiorari, when proceedings of the council touching rates, shall be granted 
 
 obt^^V"'* ^°^ ^^^ upon motion in the first week of the next term in the 
 
 county after the time of appeal has expired, and upon it 
 
 being made to appear by affidavit that the merits of the 
 
 question on such appeal or ordsrs will by such removal 
 
 come properly in judgment ; and no certiorari shall be 
 
 allowed till a bond, with one surety to be approved by the 
 
 treasurer, be given to him in forty dollars to prosecute the 
 
 same with effect,, and pay the costs if the rates or orders 
 
 be confirmed ; nor shall any rates or orders be quashed for 
 
 matter of form only, nor any general rate for any illegality 
 
 in the rates of individuals, except as to such individuals. 
 
 When rates 55. No action shall be brought against a collector or 
 
 payment ""e- receiver of money on a rate subsequently quashed on a 
 
 funded. certiorari or otherwise ; but the person who has overpaid 
 
 shall have the amount refunded by the treasurer on the 
 
 order of the council. 
 
 Halifax, &o., how 56.. The City of Halifax and all incorporated towns 
 
 far exempt. g^all, SO far as regards any rates which under the authority 
 
 of law the corporation have power to enforce, be exempted 
 
 from the operation of all the .sections of this Chapter in 
 
 reference thereto. 
 
 Prooeedines 57. If the wholc assessment to be contributed in any 
 
 amountnot%id. One year by a district be not collected and paid over to the 
 
 treasurer, the amount remaining unpaid* shall be added to 
 
 the next year's assessment of such district, and collected 
 
 from such district with and in addition to such next year's 
 
 assessment. 
 
 cierit to enforce 58. The clcrk of the municipality shall, when any fine 
 
 penalties. ^^ penalty is incurred for the breach of any of the provi' 
 
 sions of this Chapter, cause proceedings to be instituted to 
 
 enforce the payment thereof ; and if he shall neglect to do 
 
 so within ten days after he shall have been required by the 
 
 council, he shall pay a fine of eighty dollars, to be recovered 
 
 in the Supreme Court or County Court in the name of the 
 
 Penalty for neg- Queen ; and in case the clerk 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. 
 
 Appointment of 59. It shall be lawful for any council, instead of 
 
 local and general ■.• n xxi.- ji j. 
 
 ftsBeasors. appomtmg assessors tor separate townships and places, to 
 
 appoint in the same manner as other municipality officers 
 are appointed, one or two assessors for each polling district 
 within the county, who shall be called local assessors ; 
 and also to appoint for the whole municipality general 
 assessors, not to exceed three in number ; and thereafter 
 the assessment roll for each polling district in any such 
 
TITLE X.III.] MUNICIPAL ASSESSMENTS. 479 
 
 county shall be made up by the general and local assessors Chap. 58, 
 
 of the district) acting as a board of assessment for such 
 
 district. 
 
 60. In such case the clerk of the municipality shall Meeting, notice 
 duly notify the local assessors of the days and places that"'' 
 
 shall be appointed by the general assessors for holding a 
 meeting of the assessors in each polling 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 
 toll. 
 
 61. Every clerk of the municipality in the Province Return to Pro- 
 shall once in every year, not later than thirty days after S/a office^""' 
 the adjournment of the council, 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. 
 
 62. The estate of a deceased person in the hands of his Estate ot deceas- 
 executors or administrators shall be liable for county rates jor S™ ''"''" 
 assessed on such estate in his life-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 such 
 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. 
 
 63. The assessment of any person who shall subse-Asseesment, 
 
 • IT 1 -ij. • !_■ J. charge on eetatei 
 
 quently die or become insolvent, or assign his property 
 liable to the assessment, shall be a charge upon his estate 
 to be'paid by his executors, administrators or assigns, and 
 in default of payment they or either of them may be held 
 personally liable under the warrant unless they or either 
 of -them shall make oath before a justice of the peace, 
 stating that there is not in their possession or under their 
 control belonging to such estate sufficient money or other 
 property to satisfy such assessment. 
 
 64. It shall be the duty of assessors to assess all the Duty of assessors 
 ratable property belonging to any association, company, or 
 
 firm, in the name of the association, company, or firm, and 
 
480 MUNICIPAL ASSESSMENTS. [PAET I. 
 
 Chap. 58. not in the name of the agent or of any single member; 
 ■ and in assessing such property it shall be the duty of the 
 
 assessors to have regard to the boundaries of school 
 sections, and in every case to return with their valuation 
 of such property the name or designation of the school 
 section in which it lies ; and where the same association, 
 company or firm holds property in two or more school 
 sections, to specify distinctly their valuation of the portion 
 in each, also of the portion, if any, not included in any 
 school section. 
 Assessors neg- 65. If at any time the assessors neglect to carry out 
 looting. ^jjg provisions of the next preceding section, the clerk of 
 
 the municipality shall, on the request of any school trustee, 
 refer the roll back to the assessors for amendment or 
 correction, if it shall appear to such clerk of the munici- 
 pality that there is likely to be any defeat of the law 
 relating to public schools owing to such neglect on the part 
 of the assessors. 
 Exemptions. 66. Ships or vessels on the stocks in course of consiruc- 
 
 , tion, and the timber and materials in any shipyard used or 
 to be used in their construction, shall be exempt from 
 county rates to the extent of half their value. 
 Assessors, ooiieo- 67. Assessors, collcctors, and county, town and distridt 
 officers^shairb" officers Under this Chapter shall be sworn into ofiice by 
 5",^™ i{''p''®''° any justice of the peace for the county or district where 
 such oflicers reside, who shall without fee make a record 
 thereof, and shall within forty days from the time of such 
 swearing into office forward a certified list of such officers 
 so sworn as aforesaid to the clerk of the municipality of 
 such county or district, who shall tile the same. 
 J. p. refusing to 68. If any justice of the peace shall refuse to swear 
 to furfeit^twenty any of the above officers into office when thereunto required, 
 dollars. gj. ghall neglect to certify or forward" the said list to the 
 
 clerk of the municipality as in the next preceding sectioii 
 directed, he shall forfeit twenty dollars. 
 Property to be 69. Persons residing in one municipal district of a 
 Sin'^whioh'it couuty or in an incorporated town and owning property in 
 Is situate. another municipal district of a county or in an incorporated 
 town, may be assessed for the same in the district of town 
 where the property is situate, and notice of such assessment 
 transmitted by post shall be deemed a sufficient notice. 
 Correction of 70. In case it shall appear that an assessment has beeii 
 
 Msoasmen^t^Jon" made in any district upon any person not legally liable to 
 pay the same, it shall be lawful for the assessors, wardefi, 
 or clei'k of the municipality to substitute the name of the 
 proper person in place thereof, who shall be liable to pay 
 the same as if his own name had been originally entered on 
 the assessment roll. 
 
TITLE XIII.] MUNICIPAL ASSESSMENTS. 481 
 
 71. The warrant of distress for non-payment of county Chap. 58. 
 rates may be levied and enforced on any property owned warrant o 7^ 
 by the delinquent in any district in the county. *""5' °"- ^hat 
 
 •to T 1 levied. 
 
 7 A. In every case where, between the making of the sheriff to pay 
 Assessment roll for any year and the levying of any assess- soWunZe^ecS: 
 ment according to such roll, any person rated therein in eio"ure°of mort 
 respect of real or personal property shall remove from the s^'eT 
 county or municipality having conveyed, leased or other- 
 wise disposed of such property, such assessment shall be a 
 charge on_ the property, and may be collected from the 
 owner, assignee or person in possession of the same at the 
 time of levying said assessment, whose name shall be 
 inserted in the affidavit and warrant for collecting in the 
 same manner as if such person had been originally assessed 
 in respect of such property, and his name were on the 
 assessment roll, and in case of property taken or sold under 
 execution or other legal process, or sold under an order for 
 the sale of lands under foreclosure of mortgage, or other 
 equitable process, the same shall be first liable for any 
 .assessment which may be due and payable thereon or made 
 in respect thereof, and payment thereof enforced, and the 
 sheriff or other officer shall be bound first to pay such 
 assessment out of the proceeds of such sale. 
 
 73. The assessment of all coal mining and other joint Before asseas- 
 stoek companies shall be made as follows : — Before the ™e" ts of Mai 
 assessment for the whole municipality shall be made up by ^niefnotlfied^f 
 the assessors they shall notify in writing the resident "''''= /V'"''>i'=h 
 agents of the several coal mining and other joint stock mated, if they 
 companies in such municipality of the value at which they nSh''a'ssess°ors"in 
 estimate the real and personal property of such companies, ^>jj,'\™jj,,jj^J;y| 
 and require such agents, if they object to such valuation, ""^er oath of 
 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 personal estate of such companies, not including any 
 undisturbed 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 
 companies. The term " resident agent " in this section " Kesident 
 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. 
 
 74. Whenever the resident or registered agent of any such sworn 
 .such coal mining or other joint stock company in the Id b™';"'es'l"?s; 
 county to be assessed shall deliver such sworn written 
 statement to the assessors within such fourteen days, the 
 32 
 
482 
 
 MUNICIPAL ASSESSMENTS. 
 
 [PABT I. 
 
 Chap. 58. assessors shall adopt the valuation sworn to ; and such 
 Appeal. valuation shall be binding, subject only to an appeal by th& 
 
 clerk of the municipality on behalf of the municipality to- 
 the regular meeting of the council, or to any special session 
 called for the purpose of hearing appeals, and therefrom i£ 
 necessary to the Supreme Court. 
 
 If DO such state- 75. Should such swom written statements not b& 
 ™Sltion°"^'°*' furnished within such fourteen days by such agents, the 
 adopted. asscssors shall proceed upon their own original valuation ; 
 
 and such valuation shall then be binding, subject only to 
 
 appeal to the council. 
 
 SCHEDULES. 
 
 A. 
 
 All personal chattels of every kind and description at 
 their actual cash value, except as qualified beneath. 
 
 The average stock of goods on hand of every merchant, 
 trader or dealer, manufacturer, tradesman or mechanic ; 
 such average stock to be considered the mean between the 
 highest and the lowest amount of goods on hand at any 
 time during the year, and to be estimated at cost price. 
 
 One half the value of ships afloat, whether in the 
 Province or elsewhere. 
 
 B. 
 
 Assessment roll for the Township {or District) of ■ 
 
 Name of tax- 
 able party. 
 
 A. B. 
 
 CD. 
 
 E. F. 
 
 G. H. 
 
 Non-resi- 
 dents' land 
 within the 
 Township 
 [o)' District], 
 per list. 
 
 Value of 
 Heal Estate 
 
 within the 
 Municipality. 
 
 Value of per- 
 sonal Estate 
 within the 
 Municipality. 
 
 Whole 
 taxable 
 property 
 
 §2400 
 400 
 
 S 800 
 
 1500 
 
 8'0 
 
 200 
 
 83200 
 
 1900 
 
 800 
 
 200 
 
 District 
 in which 
 property 
 
 Township of 
 A. 
 
 B. 
 
 C. 
 
 Amount 
 assessed in 
 
 different 
 Townships. 
 
 SIOOO 
 
 1400 
 
 800 
 
TITLE XIII.J MUNICIPAL ASSESSMKNTS. 
 
 48S 
 
 Assessment roll of non-residents' lands within the Town- Chap. 58. 
 ship {or District) of . 
 
 Name of tax- 
 able party if 
 known. 
 
 Number of acres 
 or thereabouts. 
 
 J. R. 
 
 Unknown. 
 
 Description of lot sufficient Lr i ,„ „<! i j 
 
 to identify it. ■^'''''* °^ l*"^" 
 
 500 
 
 300 
 
 A lot of land situate to the 
 West of river, bound- 
 ing thereon on the East (or 
 such other description as may 
 identify it. ) 
 
 A lot of land originally 
 granted to A. B. , {or such other 
 description as may identify it. ) 
 
 9 800 
 
 5200 
 
 c. 
 
 Collector's Roll for Municipal Rates for the Township (or. 
 District) of . 
 
 Name of taxable 
 party. 
 
 Poll tax. 
 
 Taxable 
 property. 
 
 Kate payable 
 thereon. 
 
 Total tax. 
 
 A. B. 
 
 25 cents. 
 
 $3200 00 
 
 $1 60 
 
 $1 85 
 
 C. D. 
 
 25 " 
 
 1600 00 
 
 80 
 
 1 05 
 
 E. F. 
 
 25 " 
 
 800 00 
 
 40 
 
 65 
 
 G. H. 
 
 
 200 00 
 
 10 
 
 10 
 
 Non residents' 
 land. 
 
 
 6000 00 
 
 3 00 
 
 3 00 
 
 Collector's Roll for Municipal Rates for the Township (or 
 District) of . 
 
 Name of taxable 
 party, if known. 
 
 No. of 
 acr«s. 
 
 "Description of lot suflS- 
 •cient to identify it. 
 
 ■Value of land. 
 
 Tdtal levy. 
 
 J. E. 
 
 • 
 
 Unknown. 
 
 500 
 301 
 
 (Copy the descrip- 
 tion from the certified 
 roll, or give other suf- 
 ficient description of 
 
 it.) 
 
 (Copy as above.) 
 
 800 00 
 5200 00 
 
 40 cents. 
 $2 60 
 
484 MUNICIPAL ASSESSMENTS. [PART I. 
 
 Chap. 58. You are hereby required to collect three dollars, the 
 tax as specified in the within roll, and to pay over the 
 same to the municipality treasurer within days here- 
 from. 
 
 Dated at , the day of , A. D. 18 — . 
 
 A. B., Clerk. 
 To C. D., Collector of Rates 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 Fifty-Eight of 
 
 the Revised Statutes, " Of Municipal Assessments " ; And 
 whereas, upon such sale the said C. D. paid the purchase 
 money : 
 
 Now know ye, that I, the said sheriff, in consideration 
 
 of the sum of , so paid to me as aforesaid, have 
 
 granted and conveyed, and by these presents do grant and 
 convey to the said C. D., his heirs and assigns, all that 
 (here describe the land.) In witness whereof, I have hereto 
 
 set my hand and seal at this day of , 
 
 A. D. 18—. 
 
 F. 
 
 Form of general warrant of distress. 
 
 Municipality of ) '^''J^'r^' "'^^ °/ ^}!^ constables (or 
 ^ •' y O. D., one of the collectors) for 
 j the Township of . 
 
 Whereas by a rate and assessment made in conformity 
 with law, the persons named in the schedule hereunto 
 annexed have been assessed for municipal rates for the year 
 
 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 such township, 
 (or of you the said C: D; a collector as afbresaid) 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 such "schedule remain 
 unpaid : these are therefore to require you forthwith to 
 make distress of, the goods and Chattels- of .the persons 
 
TITLE XIII.J MUNICIPAL ASSESSMENTS/ 485 
 
 mentioned in the schedule ; and if within the space o£ five Chap. 58. 
 
 days next after such distress by you taken the sums in the " 
 
 schedule set opposite their respective names, being the 
 sums rated on them respectively, together with their 
 proportion of justice's and constable's {or collector's) fees 
 and the necessary charges of taking and keeping the 
 distress be not paid by each of them respectively, that then 
 you do sell the goods and chattels of such of them as shall 
 not have paid such sums with fees as above mentioned, and 
 out of the moneys arising from such sale you do forthwith 
 pay over the sums so due by them respectively to the 
 treasurer of such municipality, together with the justice's 
 and constable's fees, if any ; and that you do render to the 
 ownersof the goods respectively upon demand the surplus 
 remaining from such sale, the necessary charges of taking, 
 keeping and selling the distress, being first deducted ; and 
 if no such distress can be made, that then you certify the 
 same to me, and of your doings under this warrant make 
 due return to me within days after the date thereof 
 
 Given under my hand and seal the day of 
 
 A.D. 18—. 
 
 (Signed) , J.P. (Seal.) 
 
 G. 
 
 County of SS I T^o&nj of the constables of said 
 
 •' j (Jounty of . 
 
 Whereas by a rate and assessment made in conformity 
 
 with law • was assessed for a period ending the 
 
 day of in the sum of for 
 
 A general warrant of distress was issued and a return 
 made thereon that no goods or chattels could be found 
 
 belonging to the said whereon to levy. 
 
 These are therefore to require you to levy 
 
 from oflf the goods and chattels of the said by 
 
 sale of said goods and chattels after duly advertising the 
 same, and for want thereof you are hereby required to take 
 
 the body of the said and him commit to Her 
 
 Majesty's jail in , the keeper whereof is required to 
 
 take the said into his custody and him safely 
 
 keep, until he pay the sum above mentioned with your 
 fees and jailer's fees — or that he be discharged by due 
 course of law. Whereof fail not and make due return of 
 this, writ with your doings thereon to me within days. 
 
 Witness my hand and seal day of ■ — 18 — . 
 
 ■ .' J.P. (Seal.) 
 
486 supervisors of public grounds. [part i. 
 
 Ohap. 59. 
 
 TITLE XIV. 
 
 OF CEETAIN MUNICIPAL AND LOCAL 
 REGULATIONS. 
 
 CHAPTER 59. 
 
 OF SUPERVISORS OF PUBLIC GROUNDS. 
 
 Appointment of 1. The municipal council of each municipality shall, 
 supervisors. ^^ application of twenty freeholders of any township or 
 other territorial division of a municipality, appoint three 
 persons resident in any such township or territorial division 
 to be supervisors of public grounds, and the council may 
 remove them or an}' of them and vacancies shall be 
 supplied by the council, and the clerk of the municipality 
 shall keep a record of such appointments, removals and 
 vacancies and the dates thereof ; and such supervisors shall 
 be a body corporate by the name of " The supervisors of 
 public grounds for the of ." 
 
 Title of public 2. The legal title of and in all public parade grounds 
 TOsted m super- and public landings within the township or other division 
 Tisors. Jqj, -ypijigi-^ guch supervisors are appointed, and of all 
 
 commons and other lands not belonging to the municipality 
 at large, but which may be acquired or had for the general 
 purposes and uses of the inhabitants of such township, 
 and of and in all buildings thereon being and appurtenances 
 thereto belonging, shall on their appointment vest in the 
 supervisors for the original purposes for which they were 
 intended. 
 
 Leases, how 3. The Supervisors may, by direction of the municipal 
 
 made; accounts -t ^ ^ iiii • ^ p it 
 
 filed: rents, how council, lease any such lands not required tor pubhc uses 
 applied. £-Qj, g^jjy period not exceeding seven years ; and they shall 
 
 annually render to the council an account of moneys by 
 them received for rents and of expenses connected with 
 the letting, to be audited and then filed in the office of the 
 clerk of the municipality ; and the balance of such rents 
 after deduction of the expenses shall be by the supervisors 
 paid to the overseers of the poor for the township, or 
 where there shall be more than one poor district in the 
 township shall be equally divided among the different 
 districts and paid to the overseers thereof respectively. 
 
•TITLE XIV. J SUPERVISORS OF PUBLIC GROUNDS. 487 
 
 4. Nothing in the preceding sections contained shall Chap. 59. 
 ■extend to any place of divine worship, burial ground, Lands ana pro- 
 •coUege, academy, school, or any land thereto belonging, or p^J^J^ opSim 
 any land belonging to any religious congregation or society, of chapter. 
 
 or shall deprive any person of any right lawfully acquired, 
 ■or affect any lands or buildings now vested in trustees. 
 
 5. Whenever the supervisors shall deem a road Encroachments 
 ■encroached upon or encumbered, and in all cases where a deai[ with : pm- 
 •doubt or dispute shall exist as to the true line of a road or of dlsp^ute" "^^^ 
 as to' which side is encroached upon, the supervisors after 
 
 ten days' notice in writing to the parties in possession of 
 the land on both sides of the road where the line is in 
 dispute, or the parties who may have caused the encroach- 
 ment or encumbrance, of the time and place at which they 
 ■will investigate the matter, shall repair to the place where 
 the encroachment or encumbrance shall be alleged to exist 
 •or the line be in dispute, and there inquire into the facts, 
 and if necessary may then or at a future day have a 
 survey made of the road, and examine witnesses on oath, 
 to be administered by a supervisor, touching the matter ; 
 and shall after completing the investigation determine and 
 mark out the true line of the road and direct the same to 
 be opened to the full width of sixty-six feet, or to any 
 less width to which it may have been confined by its 
 ■dedication, and shall by order in writing direct and cause 
 all encroachments or encumbrances to be removed to such 
 distance as they shall determine on; but they shall not 
 cause to be removed any building erected upon the road ; 
 but where a building shall be found to encroach thereon 
 they shall report the same to the next meeting of the 
 council, and the council shall make such order in relation 
 "thereto as may be deemed proper. 
 
 6 If anv person shall not obey the order of the Fine for disobey- 
 
 V .r^ . .•' . . . .,, . ingf supervisor's 
 
 supervisor or council delivered to nim in writing witnin orcouncii'sorder 
 thirty days after receiving the same, he shall on summary 
 conviction before a justice of the peace forfeit four dollars ; 
 .and if the encroachment or encumbrance be suffered to 
 remain for a further space of twenty days after the 
 imposition of the fine the continuance shall be held a new 
 •offence, and shall subject the party to a further fine of 
 four dollars ; and so in like manner shall every further 
 ■continuance of the encroachment for twenty days be held 
 ^ new offence, and the further fine of four dollars be 
 imposed therefor. 
 
 7. The supervisors may apportion and order the Expenses, how 
 payment of the expenses incident to the proceedings <,o™red?" 
 Jiereinbefore mentioned among and by such persons as 
 hall appear advisable ; and the same shall be recoverable 
 
488 SUPERVISORS OF PUBLIC GROUNDS. [PART I, 
 
 Chap. 59. by the parties entitled thereto as if it were a private debt^ 
 
 of the like amount. 
 Order of super- 8. In any suit under either of the two preceding- 
 en, how provxd? sections the production of a copy of the order of the 
 supervisors under their hands, or of the order of the council 
 under the hand of the clerk of the municipality, proof of 
 the hand writing being in either case given, shall be good 
 evidence of the order, and shall suffice to establish the- 
 claim of the plaintiff. 
 Record to be 9. The Supervisors shall make a record of their 
 ' investigations and order, setting out therein the lines of 
 road by them established, which record shall be signed by 
 them and be returned to the clerk of the municipality to 
 be filed in his office. 
 Appeal from 10. Any person dissatisfied with the order of the 
 
 supervisors or of the council may appeal therefrom to the 
 next term or sitting of the Supreme Court in the county, 
 where the matters in dispute shall be tried and determined 
 by the verdict of a jury, if a jury .shall be ordered by the 
 court ; and pending the appeal no further proceedings 
 shall be had under the order. 
 Costs of appeal, H. If iudffment on appeal shall confirm the order 
 
 DOW l]9iicl II OFQSIT 
 
 confirmed. then the costs of appeal shall be paid by the appellant, 
 and having been taxed in the usual manner shall be 
 recovered by execution. 
 
 When order re- 12. If the Order shall be reversed on appeal the costs 
 
 versed, costs how , .^ m ,i t l f ±^ 
 
 paid. 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 municipal charge, and be 
 
 refunded to them, together with their own reasonable 
 
 charges. 
 
 Supervisors to 13. Where a road shall have been opened and used as 
 
 Steutlon'™ t°o a public highway, and the same although not encroached 
 
 widen road. 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 of the lands on both sides of their 
 
 intention to widen the road, and that application for that 
 
 purpose will be made to the next meeting of the council. 
 
 Proceedings to 14: The supcrvisors shall at the next meeting of 
 
 council ^ ""^ council Submit to the council their application for widening 
 
 the road, stating the then breadth thereof and the width 
 
 to which they propose to open the same ; and if they shall 
 
 have made any agreement with the proprietors of the land 
 
 as to compensation for land and fencing shall at the same 
 
 time submit it; and if the council are satisfied of the 
 
 propriety of widening the road, and shall approve of the 
 
 agreement so made, they shall make an order for widening 
 
TITLE XIV.] SUPERVISORS OF PUBLIC GROUNDS. 489 
 
 the road, specifying the breadth to which it shall be Chap 59 
 
 extended, and confirm the agreement made, which order 
 
 shall be final ; and the supervisors shall proceed to widen 
 the road accordingly. 
 
 15. In case no agreement shall have been made or the coundi may ap- 
 council shall not approve of the agreement, but shall be dts'tTiay off 
 satistied ot the propriety of widening the road, they shall ™'fn= ^"'"r 
 appoint three disinterested freeholders, one to be nominated ''"i"' '^™™^ ' 
 by the supervisors, one to be nominated by the possessors 
 
 of the lands, or on their omission by the council, and the 
 third to be nominated by the council ; and shall issue their 
 precept to the three freeholders, directing them to lay off 
 and mark out the road to the width directed, in the way 
 most conducive to the public good and least prejudicial to 
 the proprietors of the lands. And all further proceedings 
 in reference to the widening of the road, whether upon 
 appeal or otherwise, shall be had in the manner prescribed 
 by the Chapter of this Series in regard to opening new 
 roads or altering old ones, except that the propriety cf 
 widening the road shall not be inquired into ; and the 
 damages appi»,ised shall form a municipal charge, but no 
 fencing shall be paid for except as directed under the last 
 mentioned chapter. 
 
 16. No road shall be opened under the last three width of road, 
 sections to a greater extent than sixty-six feet. 
 
 17. Where any road in a township has been open f or P'sp"''*^ as to 
 the use of the public for twenty years and any doubt or S.how settled 
 dispute has arisen as to the true line or width of such road, 
 
 and the supervisors of public grounds in such township 
 shall deem it proper to determine such true line or width, 
 they shall be at liberty to proceed as in the case of 
 widening roads under this Chapter and subject to the like 
 terms of compensation. 
 
 18. Sections thirteen, fourteen, fifteen and sixteen of Certain sections 
 this Chapter shall not apply to the City of Halifax. Haiuax.^*'^^ 
 
 19. The word " township " in this Chapter shall be held Meaning ot word 
 to include any other division of the municipality for which """'* '''' 
 supervisors are appointed under the authority of this 
 Chapter. 
 
 20 The provisions of this Chapter shall extend to Roads affected 
 
 ^ i-i'xj! 1 1 lOy thia Chapter. 
 
 roads upon which grants or moneys may have been made 
 by the Legislature, to roads which have been open for the 
 use of the public for twenty years, and to roads upon 
 which statute labor may have been performed, except 
 private or pent roads whereon the statute labor may have 
 been performed by direction of the sessions or municipal 
 council, but shall in no case apply to roads which have been 
 abandoned. 
 
490 SUBSCRIPTIONS TO PUBLIC WORKS. [PART I. 
 
 Ohap. (jO. 
 
 CHAPTER 60. 
 
 OF SUBSCRIPTIONS TO PUBLIC WORKS. 
 
 Subscribers to 1. Whenever auy subscription shall be opened and 
 Sable! ^"'^"'^ made in aid of the erection of any road, bridge, place of 
 worship, school house, or for any other undertaking of 
 public utility, or which may be designated in the subscrip- 
 tion list as or appears to be a public undertaking, and 
 such undertaking shall be commenced, every person who 
 may have engaged in written subscription to contribute 
 money, labor or other aid towards the undertaking shall be 
 held legally liable and bound to perform his engagements, 
 notwithstanding any apparent want of consideration in the 
 agreement for the same. , 
 
 Commissioner, 2. In case of public grants made in aid of such 
 
 payment of 'sub^ '^'^'^^'^^^'^^'^o ^^^ commissiouer Or other person appointed 
 scription after to expeud such grant, or where no public gmnt shall be 
 
 notice etc o ' ir o • 
 
 ' ■ made, then the person to whom the performance or 
 superintendence of such undertaking may have been 
 entrusted, or the person who may himself have engaged in 
 and be then carrying on such undertaking, may require 
 all persons who may have so subscribed to perform their 
 engagements ; and in case any subscriber shall after a 
 written notice of at least one month refuse or neglect so 
 to do he may be sued by such commissioner or other person 
 hereinbefore mentioned, or the person to whom such 
 subscription may be payable, as if such subscription were 
 Proviso. ^ private debt of the like amount ; but nothing in this 
 
 Chapter shall be construed to bind or jnake liable the 
 estate of the executors or administrators of any subscriber 
 unless they be specially named in the instrument subscribed 
 by him. 
 
 Moneys recover- 3. All moneys Or other aid so subscribed and recovered 
 «d, how applied, gija^ll ]3Q a^ppljgjj and expended for the purpose for which 
 
 the same shall have been so subscribed, and for no other 
 
 purpose whatever. 
 
TITLE XIV.] INDUSTRIAL AND EXHIBITION BUILDINGS. 491 
 
 Chap. 61. 
 CHAPTER 61. 
 
 OF INDUSTRIAL AND EXHIBITION BUILDINGS. 
 
 1. The municipal council of each municipality in the '^,™'"P"'' ™""- 
 Province i.s hereby authorized and empowered" to ^dd" "''""""'^'° 
 
 I assess munici- 
 
 whenever it shall see fit to the yearly assessments for &'%u'„"dsTr,d 
 
 municipal purposes a sum not exceeding four thousand ^e^gS' e\"pen° 
 
 ■dollars, to be expended under and by the authority of said '!"'"■« 'hereof. 
 
 •council in their respective municipalities for the purchase 
 
 of grounds and the erection of industrial and agricultural 
 
 exhibition buildings thereon, or on lands suitable therefor 
 
 owned by said municipalities or purchased for and deeded 
 
 to trustees appointed by said several councils for the 
 
 purposes of this Chapter ; and the said councils in said 
 
 several municipalities are hereby empowered and authorized 
 
 to make all necessary regulations as they may see fit and 
 
 deem proper for obtaining and expending said sum of 
 
 money, and the same when made shall be recorded by the 
 
 clerks of said municipalities in the record books then in 
 
 use in said councils, and shall have all the force of law. 
 
 2. The council of any and every municipality in the Municipal coun- 
 Proyince that may see fit to act under this Chapter, in to boiTOw"8uoh 
 addition to the power conferred upon them under the"""''^- 
 foregoing section, shall be at liberty and are hereby 
 authorized and empowered to borrow said money for the 
 municipalities in which they have jurisdictions, to be paid 
 
 to the lenders with interest in yearly instalments during a 
 term of five' or more years as such councils shall determine, 
 and if they see fit shall also have power to issue municipal 
 debentures to respond such annual payments in such manner 
 and form as said councils shall order and determine, 
 and thereafter the amounts required yearly or half-yearly 
 to meet said instalments or debentures or the interest 
 agreed to be paid thereon shall be added to the amount 
 ■ordered by the council to be assessed on said municipalities, 
 and be assessed thereon for the purposes of this Chapter. 
 
 3. The council of any municipality having county councu may seii 
 ■or town.ship lands within the municipality controlled by raise money for 
 the council, not used or required for county purposes, if poses."""' ^""^ 
 they see fit either to raise in the first instance in whole or 
 
 in part, or afterwards supplement the county or district 
 .grant for exhibition purposes contemplated by this Chapter, 
 are also hereby empowered and authorized to sell at public 
 auction so much of the public lands aforesaid as such 
 -council shall deem necessary to make a fund towards 
 realizing the amount necessary for said exhibition purposes 
 aforesaid, and to give all necessary deeds in the name of 
 
492 PUBLIC MAKKETS. [PART L 
 
 Chap. 62. the warden of the municipality selling such lands, whose- 
 execution thereof is hereby made legal and valid for the- 
 transference of said public lands to the purchasers thereof. 
 Form of deben- 4. Any municipality borrowing money for exhibition 
 tures. buildings that sees fit to issue debentures therefor, as- 
 
 provided under section 2, may follow the form in schedule 
 A, or any other the council of the municipality may sefr 
 fit to adopt. 
 Application of 5. The County of Pictou shall be exempted from the- 
 Chapter. operation of this Chapter, and the County of Colchester 
 
 shall be exempted from the operation of sections 1, 2, and 4r 
 of this Chapter. 
 
 SCHEDTJLE. 
 
 A. 
 
 LOAN FOR EXHIBITION B0ILDIKGS. 
 
 The municipality of will pay at the office of 
 
 the municipal treasurer at in the county of 
 
 to the holder hereof the sum of dollars in 
 
 years from this date with interest, payable half-yearly at- 
 the rate of dollars per centum per annum. 
 
 Dated at this day of , A. D. 18 . 
 
 A. B., Warden. 
 C. D., Municipal Treasurer. 
 Countersigned by Clerk of Municipality. 
 
 OHAPTEE 62. 
 
 OF PUBLIC MARKETS. 
 
 Existing public 1- Public markets where now by law established are- 
 S^Mund"m?y^°°^'^"°®'^' ^"*^ ^^^ council of any municipality may 
 establish others, establish new public markets, and may procure and fit up- 
 
 a market house. 
 Council to ap- 2. The couHcil may direct the days of the week and 
 make b:Hlwl| hours on which public markets shall be held, and may 
 and generally appoint keepers of the market who shall also act as clerks- 
 
 control markets. ^- i i n i • . a* i i 
 
 thereof, and shall be sworn into omce and have the powers- 
 of constables so far as I'egards keeping order in the market,, 
 and shall be removable by the council. The council shall 
 also establish the pay of such keepers and clerks, and fixL 
 
TITLE XIV.] FIRES AND FIREWAEDS. i&S 
 
 the rates of stalls or standings in the markets, and make Chap. 63. 
 by-laws for the regulation of pnarkets, and impose penalties ^ 
 for breaches 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 competent - 
 witnesses to prove the offence. 
 
 3. The rent of the stalls and standings in the markets, Rents and pen- 
 together with the whole amount of the penalties recovered pS ""^ ^^' 
 under the preceding section, shall be applied under the 
 direction of the council to the repairs of the market house. 
 
 4. The keepers and clerks shall annually render their Accounts lender- 
 
 ■V . , • 1 , 1 T 1 1 cd annually. 
 
 accounts m writing to the council to be audited ; and 
 when approved they shall be filed by the clerk of the 
 municipalitj'. 
 
 CHAPTER 63. 
 
 OF FIRES AND FIREWARDS. 
 
 1. The municipal council shall annually appoint such f ■'^JJJ^''^' ^°^ 
 numbers of the inhabitants of any town as may be deemed 
 necessary to be firewards, who shall be sworn to the 
 faithful discharge of their duties, and shall have suitable 
 
 staffs assigned them as badges of office. 
 
 2. The extent of any towns for the purposes of this ^™"«p°J„,*°™^ 
 Chapter shall be confined to the limits within which the fined, 
 commissioners of streets have jurisdiction, but may be 
 
 altered by the council ; and the council may also divide 
 the towns into different wards, and may appoint such 
 limits where there are no commissioners o: streets. 
 
 3. Upon the breaking out of a fire the firewards, Jj^-^ds^ *ph-; 
 taking their badges with them, shall forthwith repair _ to eu at ares. 
 the spot and use their utmost endeavors to extinguish 
 
 and prevent the spreading of the fire, and to preserve and 
 
 secure the property of the inhabitants, and may command 
 
 the assistance of the inhabitants therein, and in removing 
 
 property out of any building actually on fire or in aanger 
 
 thereof, and to. appoint guards to secure and take care of 
 
 the same, and may command assistance for the pulling 
 
 down of buildings or for other services relating thereto to 
 
 prevent the further spreading of the fire, and to suppress 
 
 tumults and disorders ; and due obedience shall be yielded 
 
 to them for those services and geiierally at such fares; 
 
 and in case of any disobedience of their- orders information Penai^yjor dis^ 
 
 thereof shall within ten days next thereafter be given toth u- oide™. 
 
 a iustice of the peace, and the off-ender shall on summary 
 
494 FIRES AND FIREWAEDS. [PART I, 
 
 Chap. 63. conviction thereof before a justice of the peace be liable 
 
 to a penalty not exceeding eight dollars. 
 Fine for break- ^- No person shall at a fire break open any building or 
 ins op™ >" Id- attempt to pull the same down, or order others so to do, 
 
 ings without 111 i. 11111 f^ L • 1 1 
 
 proper authority unless orders thereior shall nave been tirst given by the 
 owner of the building, or as previously provided ; and any 
 person violating this provision shall on summary conviction 
 thereof before a justice of the peace for every oflence 
 forfeit a sum not exceeding twenty dollars. 
 
 Dutyoffireworda 5. The firewards shall from time to time report to the 
 j^jg^Jljl *" council what number of ladders, hooks, buckets, bags, 
 chains, ropes, axes and saws are required for service at 
 fires, and the probable expense thereof and of keeping the 
 same in repair ; and the council shall order such of them 
 to be provided as they may deem necessary ; but every 
 fireward shall be at all times provided with two ladders 
 with hooks, one of which ladders shall be at least twenty- 
 four feet in length, and the other at least sixteen feet in 
 length, one fire hook, two axes, one saw, twelve leather 
 buckets, and twelve large bags; which shall be by the 
 firewards deposited in the most convenient places in each 
 district, where on the alarm of fire the inhabitants 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. 
 Districts aiidim- 6. The district of which each fireward shall have charge 
 nifmbered '"pro! shall be numbered, and the implements in the last section 
 vision for safety jjjentioncd shall be marked with the number of the district 
 
 of implements. iiiii i-i- 
 
 to which they belong; and within twenty-four hours after 
 the extinguishing of any fire the different implements shall 
 be delivered at their place of deposit ; and if thereafter 
 anj' 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 upon summary 
 conviction thereof before a justice of the peace forfeit a 
 like sum. 
 Fircmen.howap- 7. The council may appoint such number of firemen 
 
 pointed: their n i . ,i j i i ii i 
 
 duties. tor each town as they may deem necessary, who shall under 
 
 the fire\vards have the charge of the fire implements 
 hereinbefore 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 shall then diligently 
 use the same under the direction of the firewards in 
 such way as may be deemed most useful for extinguishing 
 the fire. 
 
TITLE XIV.] FIRES AND FIREWAEDS. 49& 
 
 8. One of such firemen to be appointed by the fire- Chap. 63. 
 v?ards shall have the power of a fireward in commanding Fireman appoint- 
 assistance in taking the fire implements to or from anyf'.^y Of^wards 
 
 r» 1 Ti *'! 1 Ti 1 I. 1. 1 I* ^ to have power of 
 
 tire, and a hke penalty shall attach for disobedience of his fliewaid. 
 orders as of those of a fireward. 
 
 9. The council may appoint as many fire constables as Fire constables, 
 they may deem necessary, not exceeding six for each theu- S'ti'es.*''^ ' 
 district, who shall be sworn into ofiice, and shall at the 
 
 time of fires with suitable staves to be provided them 
 
 attend upon the firewards and act under their directions in 
 
 subduing the fire, keeping order and preventing thefts; 
 
 and if any constable so appointed shall neglect to be sworn 
 
 into office within a reasonable time after being notified of 
 
 his appointment, or having been sworn in shall neglect his fenaity for neg- 
 
 duty, he shall on summary conviction thereof before a 
 
 justice of the peace forfeit a sum not exceeding eight 
 
 dollars. 
 
 10. The council for any municipality may hereafter council may 
 assess upon a district to be by them defined such sum of ^gfnes.'"' ^'^ 
 money as they shall think necessary to be applied in 
 procuring a fire engine with hose, fire buckets and other 
 necessary appurtenances for such district,. and also such 
 
 sums as may be required from time to time for keeping the 
 
 same in repair ; and such moneys shall be assessed, levied 
 
 and collected. Such moneys shall be assessed upon houses Property liable 
 
 and buildings and every description of insurable personal 
 
 property within such district, by assessors to be appointed 
 
 by such council at such times and in such proportions as 
 
 such council shall direct. 
 
 11. Such assessors shall appoint one or more collectors collectors; pay- 
 who shall collect such moneys: and such moneys shall be^Jcei. '"'* ™ 
 collected and payment thereof enforced in the same 
 
 manner as municipal rates are collected and their payment 
 enforced. 
 
 12. Such collectors shall pay over the moneys by themTo be paid to 
 collected to the municipal treasurer; and the municipal™'"''^'"''*" 
 treasurer may maintain an action for money had and Action against 
 received against any of such collectors who shall not pay """^^'o'- 
 over the moneys by him collected. 
 
 13. Any collector or assessor who shall ■neg'lect to Forfeiture for 
 perform the duties of his office shall forfeit a sum notrl^fovery'^of."''' 
 exceeding forty dollars, to be recovered in the name of 
 
 any person who will sue therefor in the same manner and 
 with the like costs as if it were a private debt due such 
 person. 
 
 14. The council may from time to time appoint such Enginemen, how 
 number of enginemen as may be deemed necessary, who flP^Cj,"'"*'*''^''" 
 shall take charge of the fire engines and shall keep the 
 
496 FIRES AND FI REWARDS. [PART I. 
 
 Chap. 63. 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. 
 
 Engincman ap- 15. One of the enginemen to be appointed by the 
 
 wittds to^ hare firewards shall have the power of a fire ward to command 
 
 power of fire- any necessary assistance in taking the engines to and from 
 
 tires ; and any person refusing to obey his orders therein 
 
 shall be liable to the same fine as hereinbefore imposed for 
 
 disobeying a fireward. 
 
 Firemen and en- 16. Firemen and enginemen shall be exempted from 
 empted'fromcer-the performance of statute labor, except in respect of 
 duties'"''"'^ assessed property exceeding one thousand dollars, and from 
 serving on juries and in the office of constable; and these 
 exemptions shall extend to persons who shall have actually 
 served as firemen or enginemen for a period of sixteen 
 years, and shall have obtained a certificate of such service 
 from the captain or lieutenant of the company, counter- 
 signed by the secretary ; provided however that the term 
 of service so far as concerns the town of Yarmouth shall 
 be twelve years only; and in said town of Yarmouth such 
 exemptions and term of service shall extend and apply' to 
 firemen and enginemen now on service, and to those 
 .appointed after the nineteenth day of April, A. T). 1884, 
 and in the computation of such time the past service of 
 firemen and enginemen now in service in said town of 
 Yarmouth shall be reckoned and allowed. 
 
 Vacancies, how 17. Upon any vacancy among the firemen or enginemen 
 supphed. ^i^g same shall be at once reported by the captain to the 
 
 council, that the vacancy may be supplied. 
 
 Chimney sweep- 18. The firewards may nominate and license chimney 
 
 pointed. ^^ sweepers, and if any person shall ae.t in that capacity 
 
 without being so licensed he may on a summary conviction 
 
 thereof before a justice of the peace be imprisoned for a 
 
 period not exceeding one month. 
 
 Chimney sweep- 19. Licensed chimney sweepers shall enter into bonds 
 
 ei3 ogue op . ^yjj.j^ ^^Q sureties to be approved by the firewards, for 
 
 performing their duties during the term for which they 
 
 may be appointed and for conforming to the regulations 
 
 of the firewards in reference to the sweeping of chimne3's; 
 
 Penalty in case and in casc of ncglect or refusal to perforin their duties 
 
 of^^^nettiect of ^j, ^^ comply With such regulations they shall on summary 
 
 conviction thereof before a justice of the peace .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 
 
TITLE XIV.] FIRES AND FIREWARDS. 497 
 
 be found, the offender may be imprisoned for a period not Chap. 63. 
 exceeding ten days, or the bond may be put in suit for 
 the payment of the penalty and costs. 
 
 20. The firewards may make regulations respecting Fines for neglect 
 the times and mode of sweeping chimneys; and if a firegpe^tmK''the''* 
 shall happen in any building or chimney so as to create ^J[?^p™^ "' 
 alarm or to endanger the neighboring buildings, and the 
 occupants of the building where the fire occurs cannot 
 
 make it appear that their chimneys have been swept 
 according to such regulations by a licensed sweeper, they 
 shall on summary conviction thereof before a justice of 
 the peace 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 on summary conviction thereof 
 before a justice of the peace forfeit twenty dollars. 
 
 21. Any two firewards may demand admittance into Power of fire- 
 any building wherein they have reason to believe there iSbSdings" ™a*nu 
 any dangerous chimney, stove, stovepipe or funnel; and if ^spectin^^dan- 
 in their opinion the same shall be dangerous they shall gerouschfmneys. 
 order it to be altered or removed in such maimer as the}' 
 
 shall direct; and if their directions shall not be complied 
 with, the firewards shall cause such removal or alteration 
 to be made at the expense of the occupants of the 
 buildino-. If anv person shall refuse admittance to the Penalties for re- 
 firewards while acting under this section, or shall not make '""'"K"*"'^™"- 
 the removal or alteration by them directed, he shall on 
 summary conviction thereof before a justice of the peace 
 forfeit a sum not exceeding eight dollars, to be recovered 
 together 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 not 
 exceeding ten days. • 
 
 22 If anv two firewards shall consider it proper to Power to ramove 
 
 iiu. j.1. u.iijr ^,,^ .-1 1 i • 1 dangerous ma- 
 
 inspect the placing or situation or any combustible materials teriais. 
 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 p™^^'"^'^;"- 
 person shall refuse admission to the firewards while acting enforced. 
 under this section, or shall not carry out their orders, he 
 shall on summary conviction thereof before a justice of 
 the peace forfeit eight dollars in addition to the expense of 
 carrying out the direction of the firewards, to be recovered 
 in the name of the firewards or of any of them ; and if 
 33 
 
498 FIRES AND FIREWARDS. [PAHT I. 
 
 Chap. 63. the penalty and expenses shall not be paid with costs, the 
 " offender may be imprisoned for a period not exceeding 
 ten days. 
 
 Provisions re- 23. No person shall keep at any one time in any one 
 
 powder? ^"°' place within the limits of the firewards, or in any vessel or 
 
 boat for more than twelve hours after she has reached any 
 
 wharf within the limits, more than twenty-five pounds of 
 
 Penalties and gunpowder ; and if any person shall violate the provisions 
 
 ment. *°'°'°*' hereof he shall on summary conviction thereof before a 
 
 justice of the peace forfeit one dollar for every pound of 
 
 such gunpowder over twenty-five pounds, to be recovered 
 
 in the name of the firewards or any of them : but this 
 
 provision shall not extend to any vessel or boat belonging 
 
 to Her Majesty wherein gunpowder may be kept for 
 
 public purposes ; and all prosecutions hereunder shall be 
 
 commenced within three months after the offence shall be 
 
 committed. 
 
 Warrant to issue 24. An}' justice of the peacc upon complaint on oath 
 
 gunpowder, 'on by a fircward that he has reasonable cause to suspect that 
 
 wMd'^'and'^ro- '^^'^o®'-'^"'' quantities of gunpowder are kept in any place 
 
 ceedi'ngs there- contrary to the provisions of the last section, maj' issue 
 
 his warrant to search therefor in the day time ; and if 
 
 admittance under the warrant shall be refused, and such 
 
 refusal shall be made appear on oath, the justice may grant 
 
 a further warrant to break open the place where such 
 
 gunpowder is supposed to be deposited : and if upon 
 
 any search a greater quantity than twenty-five pounds of 
 
 gunpowder shall be found the fireward may seize and sell 
 
 such excess at public auction, and the proceeds shall be 
 
 applied for the purposes of this Chapter. 
 
 Council to make 25. The council may make regulations to prevent the 
 twe"t»'&-es.'°* occurrence, increase or spreading of fires, and to prevent 
 the unnecessary ringing of fire bells, or the destruction 
 thereof or of their appurtenances, and shall have the 
 management and control of the engine men and firemen, 
 and may increase or diminish their numbers ; and shall 
 have general powers for the due carr^'ing out of the 
 provisions of this Chapter, and may affix penalties for breach 
 of any such regulations not exceeding eight dollars. 
 
 Fine for injuring 26. If any person shall wilfully destroy or injure any 
 public wells, &e. py^^jj^ ^g^ qj. pump or fire plug, or any engine or fire 
 implements within the limits to which this Chapter extends, 
 he shall on summary conviction thereof before a justice of 
 the peace forfeit twenty dollars ; and in default of payment 
 and no effects being found whereon to levy may be 
 imprisoned for not more than ten days. 
 
TITLE SIV.] FiRES AND FlEEWAEDS. 499 
 
 27. The firewards shall annually appoint a chairman Chap. 63. 
 who shall act as treasurer of the board, and shall submit chainran of are- 
 his accounts annually to the firewards to be audited and ™''i^ ''°*„''p- 
 
 iiii 11.1 1 in pointed, omce. 
 
 Signed by them and submitted to the council for exami- duties, &c. 
 nation and approval, 
 
 28. All penalties recovered hereunder shall be applied Appfioation of 
 under the direction of the council towards the purchasing ''™'^"°^" 
 and keeping in repair of engines and fire implements, and 
 
 the sinking and keeping in repair of pumps and wells, and 
 generally in carrying out the objects of this Chapter; and Fire implements, 
 the council may at anytime direct new engines and fire and rep^irei^** 
 implements to be procured for any town herein mentioned 
 whida may be within their jurisdiction^ and new wells to 
 be sunk and pumps placed therein ^ and the expenses Expenses, how 
 thereof and of keeping them or those already in use in jlctel *'"' °°'" 
 repair, and all such further sums as may be requisite for 
 the purposes of this Chapter, shall be assessed, levied and 
 ■collected within the limits of the town where the expenses 
 shall be incurred, in the same manner as poor rates are 
 assessed, levied and collected, and shall be paid over to the 
 municipality treasurer to be applied under the direction 
 ■of the council for the purposes contemplated^ 
 
 20. Whenever any building or propert}' shall be injured ProceedinKs oh 
 or destroyed by fire and the cause or origin thereof shall to origmoTfires' 
 not be known, the mayor of the City of Halifax within 
 the City of Halifax, the warden of any incorporated town 
 within such incorporated town, and any two justices of the 
 peace in other parts of the Province, shall cause an inves- 
 tigation to be made to ascertain the cause or origin of the 
 fire: and the same shall take place before the stipendiary 
 magistrate or two or more aldermen in the City of Halifax, 
 or the recorder or any two councillors in any incorporated 
 town, or before two or more justices in other places, who 
 shall have power to enforce the attendance of such persons 
 to give evidence before them as they may require by 
 summons or warrant under their hands and seals, and to 
 <3xamine them under oath; and the pnxieedings and all 
 depositions connected therewith shall be returned to the 
 prothonotary of the Supreme Court of the county where 
 the fire has taken place and be tiled by him in his office. 
 
 30. The word " firewards" when used in this Chapter -Firewards" de- 
 shall include one or more of them, unless otherwise®"*^- 
 expressed or repugnant to the context. 
 
500 boards of fire escapes. [paet i. 
 
 Chap. 64. 
 
 CHAPTER 64. 
 
 OF BOARDS OF FIRE ESCAPES. 
 
 Boards of Arc 1. A board i.s hereby created and constituted in every 
 escapes, creation |,j(^y^ towH and village in the Province of Nova Scotia 
 which shall have jurisdiction in reference to fire escapes 
 and the prevention ot loss of life by fire, and cVery such 
 board shall be designated by the name of the place in 
 which it has jurisdiction, and the same is hereby incor- 
 porated under the name of ' The Board of Fire Escapes 
 for the city (town or village) of 
 Board, how com- 2. Every such board shall be composed of three pcrsons. 
 in City of Haii--'-'^ ^he City of Halifax the inspector of buildings, the 
 fax. chairman or principal ofiicer of the fire department, and the 
 
 recorder of the city for the time being, shall form such 
 In incorporated board. In incorpoiated towns the warden or mayor, the 
 towns. principal ofiicer of the fire department, if any, and the 
 
 town clerk for the time being, shall form such board ; and 
 in case there should be no fire department the senior 
 member of the town council shall be substituted in place 
 In other places, of the chief ofiicer of the fire department. The council of 
 the municipality of each county or district may at any 
 meeting of the council held after the passage of this Chapter 
 appoint three qualified persons to compose such board in 
 any unincorporated town or village within the county or 
 district where the same is required, and .shall from time 
 to time fill any vacancies in said boards. 
 Jurisdiction of 3. In the City of Halifax and in each, incorporated 
 boards. town the board of fire escapes shall have jurisdiction 
 
 within the corporation limits, and in every other case the 
 limits of the jurisdiction shall be defined by the muni- 
 cipal council at the time the members of each board are 
 first appointed, and the limits thereof may be altered and 
 extended from time to time by said council. 
 Boards to exam- 4. It shall bc the duty of each board to examine all 
 have power'^toOT- buildings Within its jurisdiction which it may consider 
 der Are escapes. (Jangerous and not constructed so as to afi'ord ready egress 
 to its inmates in case of fire, and it shall have power to 
 order the erection and maintenance of strong and suitable 
 fire escapes on, in and from all buildings where it may 
 Appeal. deem the same necessary ; and the decision of the board as 
 
 to the number, kind, size, nature and position of the fire 
 escapes to be adopted in each case shall be subject to appeal 
 to arbitrators, one to be chosen by the party claiming to be 
 aggrieved by such decision, one by the board, and a third 
 by the two so chosen ; and the decision of a majority of 
 such arbitrators shall be final. 
 
TITLE XIV.] BOARDS OF FIRE ESCAPES. 501 
 
 5. Each board shall pay particular attention to all Chap. 64. 
 churches, charitable institutions, poor houses,insane asylums, Boards to pay 
 school buildings, factories, theatres, hotels, and other build- particular atten- 
 ings within its jurisdiction in which an unusual number cCitahil^TDs'u- 
 of persons work, congregate or reside; and it shall have *""""'' *°' 
 power to order the enlargement or alteration of the doors, 
 
 passage ways, stair cases and windows in all such buildings 
 in such manner as it may deem best for the protection of 
 the inmates, and so as to afford a ready means of escape in 
 case of fire or panic. 
 
 6. The board shall have power to order the alteration Boards have 
 of any fireplace, chimney, furnace, heating apparatus or Ji™"p^a,ces, &"^' 
 pipe for the conveyance of smoke or heated air, when it 
 
 may consider the same dangerous. 
 
 7. In case the owner of a building or his agent who Provisionsin case 
 has been required to erect a fire escape or make alterations ^^ee'n owner ami 
 in his building shall diifer from the board in opinion as to''"'^'^'*' 
 
 the necessity thereof, he shall on giving written notice to 
 the board be entitled to be heard before it on a day to be 
 fixed bj"^ the board, and may produce witnesses who shall 
 fee examined under oath ; and the board shall reconsider 
 the matter, and after hearing the party and his witnesses 
 make a decision thereon, which shall be subject to appeal 
 as in the fourth section defined, and to the like board of 
 arbitrators chosen as in said section mentioned ; and the 
 owner or agent shall without delay proceed to carry out 
 the directions of the board or of the arbitrators on appeal 
 from the decision of the board, 
 
 8. No order or direction of the board shall be deemed PerformMce of 
 to have been performed until it has been certified in vwd°to breerti- 
 writing by the chairman or two members of the board that '"'"*■ 
 
 the work has been done to the satisfaction of the board. 
 
 9. The board or any of its members shaU have the boards have 
 
 I . , , . riijht to enter 
 
 right and power to enter in and upon any building or any buiwing or 
 premises within its jurisdiction at all reasonable hours for^"''^^^ 
 the performance of its duties, and remain there as long as 
 may be necessary to make a thorough examination of the 
 building and its surroundings. 
 
 10. All fire escapes erected or to be erected under the Fire escapes to 
 
 . . „ , . ^t , 1 ij 1 1 ... J . be painted and 
 
 provisions of this Chapter shall be always maintained in kept in good 
 good order and well painted to the satisfaction of the board. "''''''■■ 
 
 11. The positions of the fire escapes and the way of Position of fire 
 access to them from the inside of the buildings shall if dieS 
 required by the board be indicated by printed notices and 
 
 colored lights, or in such other way as the board shall 
 direct. 
 
 12. The owner of any building in which any fire Notices tu owner, 
 escape is ordered to be erected or maintained, or any**""^™"" 
 
5ffZ BOAEDS OF FIRE ESCAPES'. [PART I. 
 
 Chap.. 64. alteration of any door, passage, staircase &v window 
 required, shall be notified thereof in writing signed by the 
 chairHian of the board or any two of its members ; and 
 the mailing of such notice addressed to the owner or his 
 agent if any within the district, and leaving a copy thereof 
 on the premises in which the erectibn, maintenance or 
 alteration is required to be made, shall be a suiBcient 
 notice to the owner thereof and his agent, 
 wjio to bedeem- 1.3. For the purposes of this Chapter the person entitled 
 eertoin*^"^' "casea" to the equity of redemption in the property and the 
 whs liable mortgagee in possession shall be deemed to be the owner 
 thereof ; and if no owner resides within the jurisdiction 
 of the board, or if the owner is a married woman, an 
 infant or insane person, the agent of the owner or person 
 collecting the rent if any shall also be personally liable 
 for all violations '>f this Chapter. 
 When more than 14. Tf the building is owned by more than one person, 
 one owner. ^^^ ^^^ ^^ more of }ts owners shall be liable for all viola- 
 tions of this Chapter in respect thereof ; and all penalties 
 may be recovered against them or any of them individually, 
 without joining the other owners ; provided that no more 
 than one suit shall be brought for the same penalty. 
 PenaUies for vio- 1.5. All owners of buildings within the jurisdiction »of 
 Chapter."' ^'^any board of fire escapes or their agents who shall, after 
 receiving sixty days' notice thereof in writing, refuse or 
 neglect to obey and perform any order of the board made 
 under the provisions of this Chapter, or otherwise violate the 
 provisions hereof, and all persons whomsoever who shall 
 in any wise obstruct or hinder any board of fire e.scapes 
 hereby constituted or any of its members in the perform- 
 ance of their duties, or refuse them access to any building 
 within their jurisdiction contrary to the provisions of this 
 Chapter, shall forfeit and pay a penalty of not less than 
 twenty dollars nor more than one hundred dollars, to be 
 recovered with costs as hereinafter mentioned, and in 
 default of payment if sufficient goods cannot be found 
 whereon to levy shall be imprisoned in the common gaol 
 for the county for one day for each dollar of the penalty 
 and costs which remains unpaid. 
 
 Separate offence. 16. In cases of non-corbpHance with the orders of the 
 board, every week that elapses after the expiration of the 
 sixty days' notice until the order is fully complied with 
 and the certificate obtained as hereinbefore provided, shall 
 constitute a separate ottence. 
 
 Pcraities, how 17. All penalties shall be recovered in the name of 
 the board of fire escapes for the city, town or village in 
 which the same has been incurred, before a stipendiary 
 magistrate or two justices of the peace having jurisdiction 
 
TITLE XIV.] BOARDS OF FIRE ESCAPES. 503 
 
 in the city, town, municipality or district, in a summary Chap. 64. 
 way, and the forms in the schedule annexed, or similar 
 ones, may be used for that purpose. 
 
 18. In case of conviction the magistrate or justices costs, 
 may allow a sum for costs not exceeding five dollars, and 
 
 if the amount of penalty and costs is not paid within when warrant of 
 
 forty-eight hours a warrant of distraint shall be issued ^gy™"' ™°'^ 
 
 therefor, and if on the return of said warrant the penalty 
 
 and costs or any part thereof remain unpaid, and the wii|n <aeietidaiit 
 
 officer to whom the warrant was directed has been unable Mned. * ""''"' 
 
 to find sufficient property to satisfy the same, the magistrate 
 
 or justices shall commit the person or persons convicted 
 
 to the county gaol, there to be imprisoned one day for 
 
 every dollar of the penalty and costs remaining unpaid. 
 
 All process shall be directed to the marshal chief constable 
 
 or other officers of the municipality or district in which it 
 
 is issued. In case the defendant shall not appear, the JMHcea may dc- 
 
 magistrate or justices shall on proot of the service ot trie of defendant. 
 
 summons proceed to hear and decide the matter in his 
 
 absence. 
 
 19. Immediately after the passing of this Chapter, or so Boards to elect 
 
 , , , , '' . , 1 1 ,1 • ■ 1 •! -chairman. 
 
 soon as said boards are appointed by the municipal councils, 
 each board of fire escapes shall meet and elect a chairman 
 who .shall conduct the correspondence of the board and 
 issue and sign all official notices. Such chairman shall 
 hereafter be elected annually in the month of May, and 
 each chairman shall continue in office until his successor 
 Las been appointed. 
 
 20. The boards shall after organization proceed with P^'^J^?,]? 1,^*™^" 
 as little delay as possible to make a careful examination of continue super- 
 all buildings within their jurisdiction which they may ™'°" ' °''*'' ' 
 deem to be dangerous or to require their attention, and 
 
 issue all necessary notices in relation thereto. They shall 
 revisit such buildings as often as they shall deem it 
 necessary to see that their orders are carried out and the 
 fire escapes efficiently and properly maintained, and they 
 shall meet at regular intervals for the transaction of 
 business. 
 
 21. Each board of fire escapes shall report annually Boards wjeport 
 to the Provincial Government on or before the fifteenth Government!" ' 
 day of January : — 
 
 (1.) The number of fire escapes erected during the 
 year; 
 
 (2.) The alterations made in buildings by order of 
 the board ; 
 
 (3.) The names of persons who have neglected and 
 refused to comply with the orders of the board ; 
 
504 BOARDS OF FFRE ESCAPES. [PAET I. 
 
 Chap. 64. ■ (4.) The proceedings taken to enforce aaid orders and 
 the result, including the amount of the penalties paid. 
 
 bo^ds™™""" "' 22. The members of the boards of fire escapes shall 
 be remunerated for their services, and the amounts to be 
 paid them annually shall be fixed by the councils of the 
 Cit)'- of Halifax, incorporated towns and municipalities 
 respectively, who are hereby authorized to add such 
 amounts to their several annual assessments. 
 
 Tos'tslhowappro'^ 2.3. All penalties and costs recovered under this Chapter 
 
 priated. shall be paid to the treasurer of the city, town or municipality 
 
 in which the board in whose name they are recovered 
 
 has jurisdiction, and shall form part of the general funds 
 
 of said city, town or municipality respectively. 
 
 Arbitrators' fees. 24. The fees to be paid to the arbitrators appointed 
 under the fourth section of this Chapter shall be such as may 
 be fixed by the council of the city, incorporated town or 
 municipality as the case may be, and the said council is 
 hereby empowered to fix the same. 
 
 If the decision of the arbitrators be favorable to the 
 party appealing the fees shall be paid by such city, 
 incorporated town or municipality ; but if the decision 
 shall be against the party appealing such party shall pay 
 the arbitrators' fees. 
 
 Application ot 25. Nothing in this Chapter shall be construed to apply 
 *^ ^'' to any building under two and a half stories in height. 
 
 SCHEDULE. 
 
 Form of Summons. 
 Canada, ^ 
 Nova Scotia, > 
 SS. j 
 
 To the City Marshal or his deputy (or as the case may he) : 
 
 You are hereby commanded to summon A. B. of 
 to be and appear before me at in on the 
 
 day of at o'clock a. m., to answer to 
 
 the suit of The Board of Fire Escapes for the of 
 
 under the provisions of Chapter 04 of the Revised 
 Statutes of Nova Scotia, Fifth Series, for refusing and 
 neglecting after due notice to obey an order of said board, 
 bearing date the day of A. J). 18 , whereby 
 
 he was required to erect a tire escape on the building of 
 
 in the town of , {or make an alteration 
 
TITLE XIV.] BOARDS OF FIRE ESCAPES. 505 
 
 or enlargement under the provisions of section five]* (setting Chap. 64. 
 out the purpose of the order as the case may require and 
 defining the building.) Hereof fail not and make due 
 return. 
 
 Witness mv hand and seal at this dav 
 
 of ,A. D. . 
 
 J. S. (seal.) 
 
 Form of Conviction. 
 Canada, ^ 
 Nova Scotia, > 
 SS. J 
 
 Be it remembered that on the day of 
 
 A. D. 18 , at in the county of , A. B. is 
 
 convicted before the undersigned, a stipendiary magistrate 
 for the of {or two of Her Majesty's justices of 
 
 the peace for the of )' at the suit of the 
 
 Board of Fire Escapes for the of under the 
 
 provisions of Chapter 64 of the Revised Statutes of Nova 
 Scotia, Fifth Series, for that the said A. B. (state the 
 offence as in the summons) and I {or we) adjudge the said 
 A. B., for his said oflFence, to forfeit and pay a penalty of 
 dollars and dollars for costs, to be paid 
 
 and applied according to law ; and if the said sums be not 
 paid within forty-eight hours I {or we) order that the 
 same be levied by diiJtress and sale of the goods and 
 chattels of the said A. B., and in default of sufficient distress 
 I {or we) adjudge the said A. B. to be imprisoned in the 
 common gaol of the county of for the space of 
 
 one day for each dollar of the penalty and costs remaining 
 unpaid. 
 
 Given under hand and seal at this day 
 
 of , A. D. 
 
 J. S. (seal.) 
 
 Warrant of Distress. 
 Canada, \ 
 Nova Scotia, \- 
 SS. j 
 
 To 
 
 Whereas, A. B. was on the day of , A. D. 
 
 IS , duly convicted before me {or us) at the suit of The 
 
 Board of Fire Escapes for the of under the 
 
 *If for a continued offence insert the following, "and continuing such 
 neglect and refusal for one week after the day of , A. D. 18 ." 
 
506 BOAEDS OF FIRE ESCAPES. [PART I. 
 
 Chap. 64. provisions of Chapter 64 of the Revised Statutes of Nova 
 Scotia, Fifth Series, for that (state offence as in sumTunns 
 and conviction) and it was thereby adjudged that the 
 said A. B. should, for his said offence, forfeit and pay a 
 penalty of dollars and dollars for costs, to be 
 
 paid and applied according to law, and it was thereby 
 ordered that if the said sums were not paid within forty- 
 eight hours the same should be levied by distress and sale 
 of the goods and chattels of the said A. B. ; and in default 
 of sufficient distress it was adjudged that the said A. B. 
 should be imprisoned in the common gaol for the county 
 of for the space of one day for each dollar of the 
 
 penalty and costs remaining unpaid; 
 
 And whereas, the said A. B. being so convicted, has not 
 paid the said sums amounting to dollars within the 
 
 space of forty-eight hours from the time of his conviction : * 
 
 These are therefore to command you forthwith to make 
 distress of the goods and chattels of the said A. B., and if 
 within five days next after the making of said distress the 
 said sums, together with the reasonable charges of taking 
 and keeping the distress shall not be paid, you do then 
 sell the goods and chattels so by you distrained and pay to 
 me out of the proceeds of said sale the said penalty and 
 costs, to be applied according to law, and that you retain 
 the expenses connected with taking, keeping and sale of 
 said distress, and pay the balance, if any, on demand to 
 the said A. B. ; and if not sufficient distress can be found, 
 that you certify the same unto me to the end that such 
 further proceedings may be had thereon as to law doth 
 appertain. 
 
 Given under my hand and seal at this day 
 
 of A. D. 
 
 J. S. (seal.) 
 
 4 
 
 Commitment for want of Distress. 
 
 Canada, 
 
 Nova Scotia, 
 
 SS. 
 
 To , and the keeper of the common gaol of the 
 
 county of 
 
 Whereas, (copy warrant of distress to *) ; 
 
 And whereas, on the day of , A. D- 18 , 
 
 a warrant of distress was issued by me, pursuant to law, to 
 levy the said sums by distress and sale of the goods and 
 chattels of the said A. B. : 
 
TITLE XIV.J PROTECTION OF WOODS AGAINST FIRES. 507 
 
 And whereas, it appears to me by the return of said Chap. 65. 
 
 warrant or otherwise that no sufficient distress whereon to ~ 
 
 levy said sums could be found, and there is still due in 
 respect thereof the sum of dollars : 
 
 These are therefore to command you, the said marshal 
 (or constable), to take the said A. B. and him safely to 
 convey to the common gaol of the county of , and 
 
 there deliver him to said keeper, together with this precept ; 
 and I do hereby command you, the said keeper, to receive 
 the said A. B. into your custody in the said common gaol, 
 there to imprison him for the space of days, unless 
 
 the said sum of be sooner paid unto you, 
 
 the said keeper, and for so doing this shall be your 
 sufficient warrant. 
 
 Given under my hand and seal at this day 
 
 of , A. D. 18 . 
 
 J. S. (seal.) 
 
 CHAPTER 65. 
 
 OF THE PROTECTION OF WOODS AGAINST FIRES, 
 
 1. It shall not be lawful for any person to set out, Fires, when to 
 light or start, or cause to be set out, lighted or started any ^" ^"*''^'*' *"• 
 fire in or near any woods, except for the purpose of clearing 
 
 land, cooking, obtaining warmth, or for some industrial 
 purpose, and in cases of lighting or starting fires for any 
 of such purposes the obligations and precautions imposed 
 by the two following sections shall be observed. 
 
 2. Every person who shall make or start, or cause to Precautions in 
 be made or started a fire for the purpose of clearing land fSa. 
 
 shall exercise and observe every reasonable care and pre- 
 caution in the making and starting of such fire, and in the 
 managing of and caring for and controlling the same after 
 it has been made and started, in order to prevent the same 
 from spreading and burning up the trees, shrubs or plants 
 surrounding, adjoining or in the neighborhood of the place 
 where it has been so made and started. 
 
 3. Every person who shall between the first day of ^a^T/'cooWng" 
 May and the first day of December make or start, or cause &c. 
 
 to be made or started, a fire in or near the woods, or upon 
 any island for cooking or obtaining warmth, or for any 
 industrial purpose, shall — 
 
 (a.) Select a locality in the neighborhood in which 
 there is the smallest quantity of dead wood, branches, 
 
508 PROTECTION OF WOODS AGAINST FIRES. [PART I. 
 
 Chap. 65. brushwood, dry leaves, resinous trees, heath, peat, turf, dry 
 moss, or vegetable matter of any kind. 
 
 (b.) Clear the place in which he is about to light the 
 fire by removing all dead wood, branches, brush wood, dry 
 leaves, resinous trees, heath, peat, turf, dry moss and other 
 vegetable matter from the soil within a distance of five 
 feet from the fire in every direction. 
 
 (e.) Exercise and observe every reasonable care and 
 precaution to prevent such fire from spreading, and carefully 
 extinguish the same before quitting the place. 
 
 Precautions as 4_ ^nv persou who shall throw or drop any burning 
 
 to matches, &c. i'^ ^ c • v it j • j.1, 1, • 
 
 match, ashes or a pipe, lighted cigar, or any other burning 
 substance, or who shall discharge any fire arm in the woods, 
 barrens, fields, or other place where there is vegetable 
 matter, shall be subject to the pains and penalties imposed 
 by this Chapter if he neglects completely to extinguish 
 before leaving the spot the fire of such match, ashes of a 
 pipe or cigar, wadding of the fire arm, or other burning 
 substance. 
 
 Double dam.iges 5. Evcry person who shall make, light or start, or 
 in cases, ^g^^gg ^^ ^g made, lighted or started a fire on any land not 
 owned bj' himself, or shall not prevent any fire made, 
 lighted or started on his own land from extending to land 
 not owned by him, shall if such fire so extend in every 
 case forfeit double damages to the Crown or private person, 
 as the case may be, injured by said fire. If it be clearly 
 established that such fire has spread in consequence of his 
 negligence, such damages shall be in addition to any 
 penalties imposed by this Chapter. 
 
 Owner to be 6. The Owner or occupant of the land upon which 
 
 iugpartj-. ™ any fire mentioned in the foregoing sections shall be made 
 or originate shall be deemed and taken to be the party 
 offending, and shall be liable to the several penalties 
 provided by this Chapter, unless such owner or occupant 
 shall prove to the satisfaction of the magistrate, court or 
 judge before whom he shall be tried that such fire was 
 not made, lighted or started by him, nor by any person by 
 his direction. 
 
 Chapter, how 7. Everv pcrson in charge of any drive of timber, or of 
 
 made known to , n i • i i • ■■, i i -i t 
 
 employees. any party or men engaged in lumbering, railroad building, 
 surveying or exploring, or any other party requiring camp 
 fires for cooking or other purposes, shall provide himself 
 with a copy of this Chapter, and shall take steps to make 
 the men employed by him acquainted with its provisions. 
 Precautions as 8. Whenever any woods or barren shall be on fire it 
 reus, &c. ' shall be the duty of county councillors, justices of the 
 peace, sheriff's, coroners, supervisors of roads, and overseers 
 of highways, constables, and each and every one of them. 
 
TITLE XIV.] PEOTECTION OF WOODS AGAINST FIRES. 509 
 
 to order SO many of the men living or residing in the Chap. 65 
 
 neighborhood ot the place where such fire shall be, as they 
 
 shall severally deem necessary, to repair to the place where 
 such tre shall prevail, and there to assist in extinguishincr 
 the same or in stopping its progress, and any such person 
 so ordered who shall refuse or neglect to obey such order 
 shall be guilty of a violation of this Chapter. 
 
 9. All locomotive engines on any railway which passes Precautiona as 
 through any woods shall by the company using the same'" ''^o"""'™'- 
 be provided with and have in use all the most improved 
 
 and efficient means used to pi'event the escape of fire from 
 the furnace or ash pan of such engines, and the smoke stack 
 of each wood burning locomotive so used shall be provided 
 with a bonnet or screen of iron or steel wire netting, the 
 size of the wire used in making the netting to be not less 
 than number 19 of the Birmingham wire gauge, or three 
 sixty-fourth parts of an inch in diameter, and shall contain 
 in each square inch at least eleven wires each way at right 
 angles to each other, that is in all twenty-two wires" to 
 the square inch, or in the case of coal burning locomotives 
 the smoke stacks used shall be constructed of the newest 
 and most improved pattern, the standard to be that of the 
 Intercolonial Railway. 
 
 10. It shall be the duty of every engine driver in Duty of engine 
 charge of a locomotive engine passing over such railway ''"''°'^" 
 
 to see that all such appliances as are above mentioned are 
 properly used and applied, so as to prevent the unnecessary 
 escape of fire from any such engine as far as it is reasonably 
 possible to do so. 
 
 11. Wherever railways pass through woods the railway When railways 
 company shall clean from ofl" the sides of the roadway the wTOda''""''"^'' 
 combustible material by careful burning at a safe time or 
 otherwise. 
 
 12. Any person violating the first, second, third, fourth Penalty for vio- 
 or fifth section of this Chapter shall be liable to a penalty i— 's.^ 
 
 of not less than twenty nor more than four hundred 
 dollars for each offence. 
 
 13. Any person violating the seventh, eighth or tenth Penalty for vio- 
 section shall be liable to a penalty of not less than five nor 8'or"io.°°'^"°" ' 
 more than one hundred dollars for each offence. 
 
 14. Any railway company permitting any locomotive Penalty on raii- 
 engine to be run in violation of the provisions of the ninth {^r^riofathlg sec- 
 section of this Chapter shall be liable to a penalty of one """ ®- 
 hundred dollars for each offence, 
 
 15. In all actions for the recovery of the penalty certain tacts un- 
 mentioned in the preceding section, or for damages result- p^vld in action! 
 ing from fires set by locomotives, it shall not be necessary 
 
 to prove the name or number of the engine nor the name 
 
510 PROTECTION OF WOODS AGAINST FIRES [PAET I. 
 
 Chap. 65. of the engineer or foreman in charge of such locomotive 
 ' when the fire was started. 
 
 Penalty for vio- 16. Any railway company violating the eleventh 
 ftting section 11. gggf^jgj^ q£ ^j^jg Chapter shall be liable to a penaltj' of one 
 
 hundred dollars for each offence. 
 Penalty, how 17. Any penalty imposed by this Chapter may be sued 
 
 sued for, recov- #. j i-ii 'iiii 
 
 eredandkppiied. tor and recovered in the same manner as a private debt 
 before any tribunal having jurisdiction over the amount 
 claimed, by any person who may sue for the same, and 
 when recovered one half shall be paid to the complainant 
 or prosecutor, and the other half to the treasurer of the 
 county or municipal district wherein the offence has been 
 
 Proviso committed. Provided however that in case of any offence 
 
 against the eighth section the whole of the penalty 
 recovered shall be applied as a reward to such person or 
 persons, not being guilty of any offence against this Chapter, 
 as the officers mentioned in said section, or a majority of 
 Such of them as shall have witnessed the fire in connection 
 with which the offence shall have been committed, shall 
 deem best entitled thereto for superior exertions in making 
 known, extinguishing or stopping the progress of such firej 
 but if no person shall be deemed .entitled under this 
 proviso for meritorious exertions, then the fine under the 
 eighth section shall be appropriated as in cases under the 
 other sectionsv 
 
 Imprisonment 18. In case the amount of any penalty recovered and 
 
 oTpenaiS'.^"™* costs be not paid forthwith the offender or defendant .shall 
 
 be committed to the common jail, and shall not be admitted 
 
 to the benefit of any statute for the relief of insolvent or 
 
 indigent debtors or for enabling such debtors to procure 
 
 their discharge, or of any Act to abolish imprisonment for 
 
 debt, until he shall have undergone imprisonment without 
 
 jail limits of one day for each dollar of such penalty 
 
 and costs. 
 
 Time for bring' 19. Every suit for any contravention of this Chapter 
 
 ngacion. shall be begun within six calendar months immediately 
 
 following such contravention. 
 Provisions of 20. It shall be the duty of all county councillors) 
 Foreedf'''"'"" stipendiary magistrates, justices of the peace and other 
 county officers, and the special duty of all deputy surveyors 
 and other officers of the department of crown lands, and 
 the chief and other game commissioners and of all game 
 wardens, to enforce the provisions and requirements of this 
 Chapter, and in all cases coming within the knowledge of 
 any such officers to prosecute or sue every person guilty 
 of a bleach of any of the requirements or provisions of 
 the same, under a penalty of not less than ten nor more 
 than one hundred dollars for each omission of duty. 
 
TITLE XIV.] STRAY CATTLE AND ANIMALS. fill 
 
 ri\ The municipal council of every county or district CHAP 66 
 shall have power to make regulations for the more eflfectual ] 
 
 • * "o — --..w»^>^ >,.■,< UM ^ ^j.4.\^v^i,»^u,l Powers of muni 
 
 carrying out of the purposes of this Chapter, and the <^'p^' ''""""'s. 
 prevention of damage by setting fire to and burning woods, 
 underbrush and marsh lands, and may affix penalties for 
 breach thereof not exceeding eighty dollars for any one 
 offence. Such regulations when not inconsistent with this 
 Chapter nor with any other law in force in the Province 
 shall when approved by tne Governor-in-Council have the 
 force of law, and any offence against them shall be regarded 
 as an offence against this Chapter. The fact that any 
 county or district council has not made or shall not make 
 any such regulations shall not in any way prevent or 
 interfere with the full operation of this Chapter within 
 such county or district. 
 
 22. In this Chapter the word "woods" shall include interpretation 
 wood, forest, tract covered by underwood, barren, and dry °'*™*' 
 marsh or bos:. 
 
 23. Nothing in this Chapter contained shall be held Not to interfere 
 to limit or interfere with the right of any party to bring IctL "of da.^ 
 and maintain a civil action for damages occasioned by fire,"^'^'*' 
 
 and such right shall remain and exist as though this 
 Chapter had not been passed, except that such right shall 
 be extended as provided in the fifth section of this Chapter. 
 
 CHAPTER 66. 
 
 OF STRAY CATTLE AND ANIMALS GOING AT LARGE. 
 
 1. Whenever between the first day of November and stray horses, 
 the first day of May any horses or cattle or any swine orto'Sedeau'vvith! 
 sheep shall stray into the yard, barn or enclosure of any 
 person, or be astray and on the premises of any person to 
 whom the owner thereof is unknown, such person may 
 detain the same ; and if not claimed within twenty -four 
 hours he shall forthwith thereafter transmit to the town 
 clerk of the township, or if the place be not within anj' 
 township then to the town clerk of the adjoining township, 
 a description of every such animal, with the color, size, 
 ear-mark if any, age and particular marks thereof,' so as 
 the owner may be enabled to recognize it by the description, 
 and shall at the foot thereof write a notice of the time and 
 place of finding such animal, and also the place where the 
 same is detained. 
 
512 STRAY CATTLE AND ANIMALS. [PART L 
 
 Chap. 66. 2. The town clerk shall file the description and notice 
 
 Town clerk's du- and post up a copy thereof in his ofiice and in three or 
 
 ties and fees, more public places in the township for at least ten days 
 
 after he has received the same, for which services he shall 
 
 be entitled to a fee of twenty cents for every animal. 
 
 Proceedings 3. If no person shall claim the animals within ten days 
 
 rnt"pp"ars.'''™" after such notice is posted up the finder may apply to a 
 
 justice of the peace, who upon proof of the notice having 
 
 been duly posted shall by order under his hand direct any 
 
 constable to sell the animals, and the constable shall 
 
 forthwith sell the same, having first given notice by 
 
 advertisements posted in three of the most public places 
 
 within the township or settlement for at least six days. 
 
 No sale shall however take place between the thirtieth of 
 
 April and the first of December, but in case there shall not 
 
 be sufficient time after the receipt of the order to advertise 
 
 the sale for some day before the first day of May the 
 
 constable shall not proceed to sell until after the thirty-first 
 
 of October. 
 
 Application of 4. After deducting from the proceeds of sale five per 
 
 proceeds «' sale. (,gjj(;_ £qj. ^jjg constable for his services in advertising and 
 
 selling and the reasonable expenses of keeping the animals, 
 
 together with the town clerk's fee, the balance shall be 
 
 paid to the overseers of the poor for the place where the 
 
 animals were found, to be applied to the use of the poor, 
 
 unless claimed by the owner of the animals within twelve 
 
 months after sale, in which case it shall be paid to the 
 
 owner. 
 
 Fees payable 5- If the owner shall claim his property before sale he 
 
 claimed '"^betore'^^^^' ^^ bound to pay the finder his reasonable expenses of 
 
 Bale. keeping and also the town cleik's fee, and if advertised the 
 
 reasonable expense of advertising. 
 Dispute as to 6. If any question shall arise between the owner or 
 PMse^'how'^ set- overseers of the poor and the finder, either respecting 
 "«d- ownership or expenses of keeping, either of the parties may 
 
 apply to two justices of the peace, who shall determine the 
 matter and make such order therein as may appear just. 
 Fines for detain- 7. If any person who may have detained any such 
 aot "proceeding stray animal shall not within a reasonable time ti-ansmit 
 directed^"''*''" ^^^ description and notice to the town clerk as hereinbefore 
 directed, he shall forfeit for every horse or head of cattle 
 not more than eight dollars, and for every hog or sheep not 
 more than four dollars. 
 Council may 8. The municipal council of any municipality may make 
 
 rnd'"ffl^peMi- regulations for preventing or regulating the going at large 
 "^'' of horses, cattle or sheep, and may affix penalties for the 
 
 breach of any such regulations, not to exceed ten dollar,?, 
 and may also appoint cattle reeves. 
 
TITLE XIV.] FENCES, AND IMPOUNDING OF CATTLE. 513 
 
 9. The council for any municipality may make by-laws Chap. 67. 
 to prevent the running at large on any public street, square, counoii may 
 common or other public grounds within such municipality ^"■^^ ig'iawa 
 
 „ , 111 • 1 ^^^ ^^^ penal- 
 
 or any horses, asses, mules, cattle, sheep or swme, and may ties 
 affix penalties therefor, with powers of confi.scation, forfeiture 
 and sale if considered necessary. Such by-laws may if 
 deemed advisable be made to apply to particular portions 
 of counties, districts or townships to be set off by proper 
 descriptions and boundaries. 
 
 10. The council shall make regulations for preventing coundi shaii 
 the going at large of infected horses and cattle and the "specSng * 'In- 
 spreading of distempers among them, and also as to the^*J;'g''J dog'^fte! 
 going at large of dogs, swine, and of vicious animals and of 
 
 geese, and shall affix penalties for breach of any such 
 regulations, which penalties shall not exceed as respects 
 horses and cattle twenty dollars, and as respects dogs, 
 swine and geese four dollars. 
 
 11. Dogs found chasing or worrying sheep may be dors chasing 
 killed, and the owners of such dogs shall have no right of kiued. """^ 
 action against the persons killing the same. 
 
 12. The owners of dogs that have been found chasing Penalty upon 
 or worrying sheep shall be liable to a penalty not exceeding °™°"" 
 twelve dollars if on being notified of the fact they continue 
 
 to allow such dogs to go at large. 
 
 CHAPTER 67. 
 
 OF FENCES, AND IMPOUNDING OF CATTLE. 
 
 1. All fences of enclosed lands shall be built of stones, Fences how con- 
 pickets, boards, logs, poles, brush, or posts and rails, unless ° ™'° ' 
 
 the lands are bounded by ponds, unfordable rivers, or the 
 sea, or surrounded by sufficient hedges. 
 
 2. Such fences shall beat least four feet and a half Height ot fences, 
 high, except stone walls and picket and board fences, 
 
 which shall, be at least four feet high. 
 
 3. If any damage be done by horses, sheep, goats,i)amaKe3^by rat- 
 swine or cattle breaking into and destroying the product re^'oveMi* """ 
 of such enclosures, the same being enclosed at the time . 
 
 with a sufficient fence in the judgment of the fence 
 viewer, the owner of the animals trespassmg shall pay to 
 the party injured the value of such damages. 
 
 4. The damages shall be ascertained by an appraise- Damage ^to be 
 ment of three persons living in the neigh borhoodi being appraisement. 
 
514 FENCKS, AND IMPOUNDING OF CATTT.E. [PART t. 
 
 Chap. C7. first sworn before a justice truly to value the same, who 
 
 shall be entitled to a fee of twenty-five cents each. 
 Damages reeoT- 5. If the owner refuse to pay the anyount appraised 
 erabie after Bo-aj,^ g^^]^ fggg^ upon notice thereof the party injured may 
 
 maintain an action therefor as for any other debt. 
 
 Partition fences, C. The proprietor of a field adjoining another enclosed 
 
 feenliM howad- ^'^'^ improved shall build and maintain his proportion of 
 
 justed. ' fencing on that part of such land which adjoins his own ; 
 
 and in case of neglect so to do after three days' notice to 
 
 that eflfect any fence viewer may forthwith cause such 
 
 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 recovered 
 
 by the fence viewer with costs as any other debt. If 
 
 adjoining proprietors differ as to the part or proportion 
 
 of a new division fence to be made by each^ the nearest 
 
 fence viewer shall decide the same. 
 
 Fenes viewers' 7. No fence viewer shall be allowed more than sixty 
 
 neglect of duty' cents per day for his own trouble and time ; and for each 
 
 neglect of duty when notified he shall forfeit eight dollars 
 
 Obligations oJ 8. Where the owner of land, improved or cultivated, 
 
 a^oinin^"' '?m-''''^^ll have made or hereafter shall make his proportion or 
 
 provadiand. one 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 determined 
 
 as hereinafter provided, he shall not nor shall any person 
 
 claiming under him be required to erect or repair the 
 
 fence in any other place as between his land and that of 
 
 such adjoining propiietor,^ or any person claiming under 
 
 him, in case of sale or change of occupancy of any part of 
 
 the land of the latter, so long as such portion of fence of 
 
 the kind above mentioned shall be maintained by the 
 
 person first above referred to or some person claiming 
 
 under him. 
 
 Sufficiency of 9. Any two justices of the peace of the county in 
 
 te'rmtaed."^ ''^" which the lands referred to lie (due notice in writing for 
 
 at least three days being first given to the proprietor of 
 
 the adjoining land) may repair to the land and examine 
 
 the fence and pronounce the same by any instrument in 
 
 writing under their hands to be made of permanent or 
 
 durable materials or growth within the meaning of this 
 
 Chapter, and such instrument in writing shall thereupon be 
 
 deposited with the clerk of the municipality, in memorial 
 
 and as evidence of the matters therein stated. 
 
 Appeal. 10. Any person feeling aggrieved by the decision of 
 
 the justices may appeal to the next sitting of the County 
 
 Court in the county, whose decision affirming or reversing 
 
 the decision of such justices shall be final. 
 
TITLE xiv.] Fences, AiifD mpouNDmo of cattle.' 515 
 
 11. Nothing in the three preceding sections contained Chap. 67 
 shall be construed to affect the title to the lands on which ^, 
 
 the fences are erected. ° ''^"^^ "" ^"'^" ^l^T^ 
 
 _ _ _ _ ,- three precedin<( 
 
 12 No owner or proprietor of wood or barren orr"'""' . 
 burnt lands not under improvements shall be compelled landTowner „ot 
 to make any part of a fence against or on the same. '"""'' ""™°'- 
 
 13. If any damage shall be done by horses, sheep,cattio,&o., tres- 
 igoats, swine or cattle breaking into and destroying the Ku"fs CbieTo 
 product of any enclosures, the persons whose fences have''^'"'!"""'!^''- 
 been broken and enclosures damaged may impound the 
 
 cattle so trespassing till the owner shall claim the same 
 ■and tender sufficient amends. 
 
 14. The pound keeper shall thereupon as soon as may Pound keeper's 
 be advertise the same in three of the most public places ^^'4 '" ^^^ 
 in the settlement where the trespass has been committed, 
 
 in order that the person injured may proceed against the 
 ■owner of such animals refusing to pay the damages done 
 thereby. 
 
 15. The owner of such animals shall pav to the pound Pound keeper's 
 keeper above the damages adjudged unde"r section fourofr^eoT/ry."""*' 
 twenty cents for every horse or head of cattle and ten 
 
 •cents for every sheep, goat or swine for each day the 
 same shall have been impounded for their support; and 
 in case of refusal to pay the same within eight days after 
 being impounded, with the charge of advertising, the 
 animals shall be publicly sold ; and the proceeds, after 
 deducting the pound keeper's charge for supporting them 
 and the damages, shall be paid to the owner if he appear 
 within thirty days ; if not, then to the treasurer of the 
 municipality. 
 
 16. If any person shall rescue any animals from the Fines for rescue 
 person driving them to the pound he shall forfeit to the bre^chrhow re- 
 party aggrieved four dollars above all damages sustained '^o^'^'^ti- 
 
 by the trespass committed by such animals ; and if any 
 person break any pound, or by indirect means deliver any 
 animals therefrom, he shall on summary conviction thereof 
 before a justice of the peace pay a fine not exceeding four 
 ilollars, and in default of payment shall be imprisoned in 
 the county gaol for a period not exceeding twenty days. 
 
 17. Such rivers, creeks, bays, harbors and inlets offiWers, creeks, 
 the sea only shall be deemed lawful fences, as in the eafawiurfeuMs! 
 judgment of the fence viewers of the township or place 
 
 where such lands lie shall be sufficiently deep and inacces- 
 sible to prevent the passing of cattle. 
 
 18. If any person feel aggrieved by the judgment of Appeal from 
 the fence viewers as to the lawfulness of such last fe,we"vTewera. 
 ■mentioned fence, or desire the decision of the municipal 
 ■council in.stead, such person may apply to the council, who 
 
516 TRANSPORTATION AND USE OF GUNPOWDER. [PART I. 
 
 Chap. 68. shall inquire into the matter, and upon hearing the parties 
 
 and their witnesses may make an order which shall be 
 
 binding on all fence viewers and others interested. 
 
 Damages recoy- 19. In every casc where damage shall be done to the 
 
 broken '' 4here ^nclosed lands of any person by any of the animals herein- 
 
 lawfui. before mentioned breaking the fences enclosing the same, 
 
 the owner of such animal shall be liable for the damajte if 
 
 that part of the fence broken by such animal were lawful, 
 
 although other parts of the enclosing fence may not be 
 
 lawful. 
 
 ownej liable, i( 20. The owner of any of the animals hereinbefore 
 
 port'ioB''orienc^ mentioned breaking through a division fence which such 
 
 person is bound to repair and keep up, shall be liable for 
 
 any damage done by such animal upon the land of another 
 
 person enclosed or partly enclosed by such division fence, 
 
 although the same may not be a lawful fence. 
 
 Penalty for dea- 21. If any person shall destroy or injure any railing, 
 
 to.ron 'Sde'^of stone Wall or fence of any kind placed on the side of any 
 
 pubUc grounds, public square, bridge or causeway, he shall forfeit for each 
 
 offence not less than one dollar or more than eight dollars, 
 
 in addition to any private damage sustained. 
 
 Nottotakeaway 22. Nothing herein shall be construed to impair the 
 
 rfjhuor damage right of action under the common law for damages 
 
 occasioned by horses, sheep, goats, swine or cattle breaking 
 
 into lands. 
 
 CHAPTER 68. 
 
 OF THE TRANSPORTATION AND USE OF GUNPOWDER. 
 
 Conreyance of 1- No person shall convey by land more than one ton 
 fanT"''^' •'y of gunpowder at one time. 
 
 Protection where 2. More than tifty pounds of gunpowder shall not be 
 "n onfcart,"""^^ placed in any one cart to be land-borne unless the same 
 shall be completely covered with woollen or hair cloth, 
 exclusive of the package and the covering of the carriage, 
 cartB, where to 3. No Carriage conveying gunpowder shall be stopped 
 "°^" less than twenty rods from any dwelling house. 
 
 Metallic sub- 4. No iron, steel or metallic substance other than 
 or'^ar""' with copper hoops on the casks shall be placed on any carriage 
 powder. together with any quantity of gunpowder exceeding fifty 
 
 pounds. 
 Quantities over 5, No gunpowder exceeding fifty pounds shall be 
 Becured""or' car- placed in any carriage, but in barrels, half barrels or quarter 
 Tiage. barrels, tight and well hooped with wood or copper hoops. 
 
TITLE XIV.] TRANSPORTATION AND USE OF CfUNPOWDER. 517 
 
 6. No more than twenty-five poimda of gunpowder Chap. 68 
 sha 1 be carried from one place to another unless the ^„antities over 
 package be well hooped and sufficiently wranned with'™>'y-s™ 
 woollen or hair cloth. -^ PP pounds how se- 
 
 7. _ If any person shall offend against the preceding Porteiturea for 
 provisions of this Chapter he shall forfeit for every oflfenee °"°""*'- 
 
 a sum not exceeding eighty dollars. 
 
 8. Nothing in this Chapter contained shall affect the Carriage of sun- 
 carriage of gunpowder for Her Majesty's service. ZJe'^y'^ot^ajI 
 
 9. Every person who shall blast rocks with gunpowder pTerutiona in 
 in any place within one hundred feet from any street, JSftrom any 
 highway or thoroughfare, shall use the most careful '*■■««*• *<^- 
 precautions in giving notice thereof by blowing horns or 
 otherwise previously to each explosion -, and shall limit the 
 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 bushes, 
 timber, earth, stones or other materials to deaden the force 
 of the explosion. 
 
 10. Every proprietor, contractor, builder, workman orpine, how re- 
 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 prosecution of any 
 person suing for the same ; if 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 be 
 liable to imprisonment for a term not exceeding one day 
 for every dollar of such fine ; and every person concerned Person biastins 
 
 T 1 ,. 1 ' L^ , ,• 1 n 1 to be responsible 
 
 in so blasting rocks without proper precaution shall be for damages. 
 responsible in damages to any person who may be injured 
 thereby. 
 
 11. Gunpowder and other similar explosives kept for Gunpowder, &e., 
 purpose of sale by retail shall be kept in a metallic case sail. ^^ 
 painted red, with the word "gunpowder" distinctly marked 
 
 on each side thereof, and such ease shall be placed in a 
 conspicuous position in a window in the front part of the 
 shop convenient for removal in event of danger from fire. 
 
 12. Th« city council of the City of Halifax, the town councils to have 
 council of every incorporated town, and the municipal gyjaws.'&e™"' 
 council of every municipality, shall respectively have power 
 
 to make and from time to time to alter, revoke, amend and 
 annul all such by-laws, ordinances and police regulations 
 as they shall deem necessary for the protection of the 
 public" within such city, towns and municipalities, from 
 accidents or danger from the careless use of gunpowder, 
 dynamite and other explosives, and with reference to the 
 
518 CONVEYING OF TIMBER AND LUMBER. [PART T. 
 
 Chap. G9. storing, transportation and use of all such explosives, and 
 to ordain that any offender against any such by-law,, 
 ordinance or police regulation shall be puni.shed by fine ov 
 imprisonment, or by both fine and imprisonment of such 
 amount and duration respectively as they shall ordain, 
 provided that no such fine shall exceed fortj' dollars, and 
 no such imprisonment shall exceed three months, and that 
 no such by-law, ordinance or police regulation shall be- 
 inconsistent with anything hereinbefore contained. 
 
 GHAPTEE 69. 
 
 GF THE CONVEYINGF OF TIMBER AND LUMBER ON RIYERS,. 
 AND THE REMOVAL OF OBSTRUCTIONS THEREFROM. 
 
 eemmissior.eis, 1- Upon the Written application of twenty freeholders 
 th^rjurisdictfon''^''''*^^"* ^^ ^'^^ neighborhood of any river, or owning lands 
 defined. thoeon, or interested in rafting and driving logs, timber 
 
 and lumber, or conveying wood oi- other articles down such 
 i-iver, setting forth their desire that commissioners should 
 be appointed for clearing and removing obstructions from 
 such river, and for rendering the same more easily drivable, 
 which application shall be first read and approved by the 
 municipal council, who shall in such cases establish the points 
 in the river between which the powers of the commissioners 
 shall be limited, the clerk of the municipality shall return 
 such application into the Provincial Secretary's ofiice, with a 
 certificate of such approval and the limits so established, 
 and thereupon the Governor-in-Council may appoint three 
 or four commissioners for the purposes, of the five succeeding 
 sections of this Chapter. 
 Powers of com- 2. The Commissioners appointed by fhe Govei'nor-in- 
 miasioners. Council may remove from the river all obstructions within 
 the limits of their authority and may erect wing-dams 
 or diiving dams or sluices, and make such other improve- 
 ments and erections at such places and in such manner as 
 they shall see fit, and do all other acts necessary to facilitate 
 the passage of logs, timber, lumber, wood and other articles 
 Regulations. down the river ; and the commissioners may make regula~ 
 tions to prevent obstruction to rivers by the thi-owing or 
 falling into them of slabs and other refuse wood and saw 
 dust from saw mills, and also for the protection of dams, 
 sluices and other erections, and the municipal council maj' 
 Penalties. imposc penalties for the violation of such regulations, 
 
 which shall be enforced by summary conviction before a 
 justice of the peace. 
 
TITLE XIV.J CONVEYING OF TIMBER AND LUMBER. 519 
 
 3. The commissioners may borrow upon their own Chap. 69. 
 credit, or upon the credit of the tolls arisino- as hereinafter commiasionera 
 
 .- *( - — o — ' ijommiasioneri 
 
 mentioned, such sums of money not exceeding four thousand ■"*>' borrow 
 •dollars in the whole as may be necessary for the purposes "°''*^" 
 of their appointment. 
 
 4. The commissioners shall have full power and eommissionera 
 authority from time to time and as often as may be T^^^^lt" Ca! 
 necessary for the purposes of this Chapter, to enter upon 
 any public or private lands on the river necessary for any 
 of the purposes aforesaid, and for such use shall make to 
 the owner or owners of such lands such compensation as 
 may be agreed upon by and between said commissioners 
 and the said owners as aforesaid ', and in case they should Arbitration. 
 not agree the amount of such compensation shall be left to 
 the determination of arbitrators to be selected in manner 
 following, one by the commissioners, one by the owner or 
 owners of the land, and a third one to be mutually chosen 
 by the two first named, who shall examine the locality and 
 determine the amount of such compensation. 
 
 •5. When the undertaking is completed the commis-Toiiatobeestab- 
 sioners may collect a toll of such, amount and in such plication. ™ "'^' 
 manner and under such regulations for enforcing payment 
 thereof as the council may from time to time direct upon 
 logs, timber, lumber, wood and other articles brought down 
 the river within their juriKdiction, and shall apply the 
 tolls to the payment of the amount borrowed with interest, 
 but no toll shall be levied after the amount is liquidated.' 
 
 6. The commissioners shall annually submit an account Accounts to fee 
 
 - . T. - ,. *' 1 !_• ii i 11 submitted annu- 
 
 or their expenditure and proceedings and ot the tolJsaiiy and audited, 
 collected to the council for audit, and when approved it 
 shall be filed by the clerk of the municipality. 
 
 7. Nothing herein contained shall be construed to operation ot 
 
 1 . .1 . . 1 . i. £ Chapter reetciet- 
 
 sanction any claim on the provincial revenue in respect oted. 
 the moneys so borrowed, or to authorize any interference' 
 with the navigation or fisheries of the river further than 
 maybe absolutely necessary for the purposes contemplated, 
 or to injure or affect private rights further than as expressly 
 provided. 
 
 8. The municipal council shall when necessary make council empow- 
 regulations respecting the bringing down of logs, timber and regulations, 
 lumber on rivers, and the seasons of the year at which the 
 
 same shall be brought down, and the removal of obstructions 
 thereto, and also as to the placing and upholding of booms 
 with the consent of the owners of the soil on either side of 
 the river, and the times of continuing such booms, and for 
 preventing the booms from obstructing the navigation of 
 the river, and may fix the rates of boomage that shall be 
 paid to the owners of the booms on articles secured thereby, 
 
520 SKA MANURE. [PART I. 
 
 Chap. 70. and the manner in which such boomage shall be collected 
 and applied, whether for the repair of the booms or the use 
 of the owners thereof, and also as to the taking of articles 
 from one boom to another, and may appoint persons to take 
 charge of the booms and collect such moneys as may be 
 due under such regulations, and may impose penalties for 
 breach of such regulations of not less than eight dollars 
 nor more than forty dollars ; but nothing herein contained 
 shall authorize the removal of any milldam. 
 
 Lojta, ic, may 9. Persous may bring logs, timber and lumber down 
 rivers"under""' rivers in reference to which such regulations have been 
 regulations. made, provided they shall in all respects conform to the 
 
 regulations and do as little damage as possible to the 
 
 owners of the soil adjoining. 
 
 Definition •! the 10. The word " river " when used in this Chapter 
 word"nver." gjjg^jj include streams running into any river. 
 
 CHAPTER 70. 
 
 OF SEA MANURE. 
 
 Council may !• The councils of the several municipalities may make 
 
 woM respecung ''^S''^^*'^"''^ with regard to the collecting and taking away 
 sea manure. of sea manure which may be driven by the sea and lodged 
 upon the shores and beaches, and also with regard to the 
 cutting and removal of kelp and rockweed, and for the 
 prohibition of the cutting and removal of the same from 
 any shore, beach or shoal of this Province, at such times 
 and seasons of the j'ear as may be deemed advisable ; and 
 if any person shall transgress such regulations he shall for 
 every such offence forfeit a sum not exceeding eight dollars. 
 
 Private rights 2. Nothing in this Chapter contained shall extend to 
 not affected. take away or abridge any private rights or interests in 
 any of such shores or beaches. 
 
TITLE XIV.] GUIDE BOARDS AND ROADS OVER ICE. 521 
 
 Chap. 71. 
 CHAPTER 71. 
 
 OF GUIDE BOARDS AND ROADS OVER ICE. 
 
 1. The municipal councils may make regulations for councils may 
 preventing persons from coasting, skating or slidine on the'""'*^""**"'^*''"" 
 snoworice down the hills on highways or streets; and^T"'"'""""'' 
 may impose a penalty not exceeding one dollar for breach 
 
 of any such regulation. 
 
 2. The parents of minors and the masters of apprentices Parentsand mas- 
 who shall transgress any such regulation shall be liable to J"' "sponsible 
 the penalty therefor. for penalties. 
 
 3. The council may make regulations for ascertaining Councils may 
 the safest track for roads over the ice on harbors, rivers, "Jpe^S'ttckB 
 creeks, lakes or bogs, and for putting down or continuing ^^^i^,™^"*^ o™"^ 
 bushes or other marks for defining the course of such'' *"'°' 
 roads, and to prevent the removal or destruction of such 
 
 bushes or other marks ; and may affix a penalty for breach 
 of any such regulations not exceeding four dollars for each 
 offence, which shall be applied one half to the person 
 suing and the other half for municipal purposes. 
 
 4. ^ The expenses incurred in putting down, continuing. Expenses, how 
 repairing and protecting such marks shall form a munici- p*'"*- 
 pality charge. 
 
 5. Whenever the council shall by order direct that Guide boards, 
 guide boards shall be erected on any public roads within '""'^''^°'"'" 
 their respective counties, and shall specify on what roads 
 
 and branchings and crossings thereof such guide boards 
 shall be erected, the surveyors of highways and road 
 commissioners shall thereupon erect or set up and after- 
 wards keep and maintain all such guide boards within 
 their respective districts. 
 
 6. Every such guide board shall have an arm corres- Guide board to 
 ponding to each road at the branching or crossing whereof eS road! with 
 it is erected, on which arm the name and distance of the °*"®' ^■ 
 place to which such road leads shall be painted on a white 
 
 ground in black letters and figures at least two inches in 
 length. 
 
 7. Surveyors of highways and road commissioners may Maintenance, 
 appropriate so much of the statute labor or of the statute *'°^'"°"'^*'^' 
 labor fund of their district as shall be sufficient to erect and 
 maintain thereon the guide boards required by this Chapter. 
 
 8. Surveyors of highways or road commissioners penalty fomeic- 
 neglecting to erect and maintain within their district the of highwaysr*" 
 guide boards required by this Chapter shall pay a fine not 
 exceeding ten dollars, to be appropriated one half to the 
 
 road fund and one half to the prosecutor. 
 
522 public exhibitions. [part i, 
 
 Chap. 72. 
 
 CHAPTER 72. 
 
 OF PUBLIC EXHIBITIONS. 
 
 License for cxhi- 1. The clerk of the licenses with the consent of two 
 tained. ^"'^ """justices of the peace shall grant a license to any person 
 applying, for holding any .show, play or public exhibition, 
 upon such person paying a sum not exceeding five dollars 
 nor less than one dollar per day at the discretion of the 
 officer granting the license ; the money to be paid for such 
 license before the granting thereof, and to be paid for 
 every day for which the license is granted to be therein 
 expressed, which license shall not be operative out of the 
 municipality where granted. 
 
 Where clerk of 2. If the clerk of the licenses shall be abseiit or shall 
 
 Ilcensea absent or . ^ ,1 ^ .. » ,1 ^ ■, •] i n 
 
 living at a dis- reside more than nve miles from the place where it shall 
 tance. j-^g intended to hold the exhibition, two justices may grant 
 
 such license, under and subject to the payments, restrictions 
 and regulations in the first section mentioned ; and they 
 shall within thirty days after granting the license make 
 return thereof to the clerk of the licenses, and at the same 
 time pay over the amount of duties received therefor. 
 
 Fee on granting 3. The clcrk of the liccnses or justices granting any 
 such license shall be entitled to receive therefor a fee of 
 fifty cents. 
 
 Fine for exhibi- 4. If any person shall hold any show, play or public 
 
 cenae7"how' re- ^^^^bit'ion without previously obtaining a license he shall 
 
 covered. forfeit twenty dollars for every day the same shall be held, 
 
 to be recovered in a summary manner before two justices 
 
 of the peace, and to be by them within thirty days after 
 
 receipt paid over to the clerk of the licenses. 
 
 Clerk of licenses 5. The clcrk of the licenses shall within ten days 
 pay over "'s- ^jefoj-g every sitting of the municipal council pay over to 
 the municipal treasurer for municipal purposes all duties 
 and penalties by him received under this Chapter. 
 
 City of Halifax 6. The provisions of this Chapter shall not extend to 
 towSexempM'! the City of Halifax or to any incorporated town. 
 
title xiv.j inspection of provisions, lumber, fuel, etc. 523 
 
 Chap. 73. 
 CHAPTER 73. 
 
 OF THE REGULATION AND INSPECTION OF PROVISIONS, 
 LUMBER, FUEL AND OTHER MERCHANDISE. 
 
 BREAD. 
 
 1. All bread intended for sale shall be marked in Bread for sale. 
 Roman characters with the initial letters of the grain of '"""*''• 
 the flour or meal of which it is made, and with the initials 
 
 of the christian and surname of the baker, and shall be also 
 marked with the weight thereof. 
 
 2. All bread intended for sale shall be made to the weight of loaves. 
 following weights respectively, and no other, viz., four 
 pounds, two pounds, one pound, and eight ounces. 
 
 3. No person shall sell any bread that shall not be Fine for selling' 
 marked in accordance with the first section, and any person """"^"^ ' 
 violating the same by having in his possession, selling or 
 offering for sale any bread not duly marked shall forfeit 
 
 for every loaf not duly marked not less than twenty cents 
 nor more than one dollar. 
 
 4. Every person selling bread* .shall keep a pair of Persons seiunff 
 scales and weights in order that the purchasers of such Jfies \nd ^^^ 
 bread may if they require have the same weighed. weiRiits. 
 
 5 Anv iustice of the peace, or constable authorized bv Justices or con- 
 
 •' •' „ ... "-.Ill c ±^ li ' stables author- 
 
 the warrant of a justice, or the clerk or the market, mayized may seize 
 visit the premises wherein bread is made or sold, and may ^J'"'3'J^„"^";Y''"* 
 search for and weigh all bread therein, and if any bread beweisht as 
 found therein under the prescribed weight or not marked 
 as herein directed the same shall be seized, and on proof of 
 the fact before a justice it shall be disposed of to poor 
 persons under the direction of such justice. 
 
 6. If any person .shall obstruct or oppose the officer Fine^forobstruct- 
 in making such search or seizure he shall forfeit not less 
 
 than four dollars nor more than eight dollars. 
 
 7. Any person selling bread deficient in weight, and f;^^«^'«j^f^""„^ 
 the offence being proved by the same being weighed within v,eight. 
 twenty-four hours after baking before a justice, shall 
 
 unless the deficiency -appear to have been occasioned by 
 some unavoidable accident forfeit not less than ten cents 
 nor more than fifty cents for every half ounce deficient. 
 
 8. If any servant or journeyman in the employ of a Fine .tor^s_e™ta 
 baker shall offend against these provisions he shall forfeit offending., 
 not less than four nor more than eight dollars, and in 
 
 default of payment he shall be imprisoned not less than 
 seven nor more than fourteen days. 
 
 tor- 
 
524 INSPECTION OF PROVISIONS, LUMBER, FUEL, ETC. [PART L 
 
 Chap. 73. 9. If any baker shall pay any of the foregoing penalties 
 Baker may be le-^" conpequence of the wilful neglect or default of his 
 lieyed from fines servant or journeyman, any iustice of the peace upon the 
 
 incurred by the i ■ , ■ j; i i i ii, jr J i u 
 
 wilful miscon- application 01 such baker may cause the oiiender to be 
 duct of servants. |jj.Qyg|jj. ^,gfQ,.g }jjj]q ^nd Order him to pay a reasonable sum 
 
 by way of recompense, and if he shall not comply with 
 
 such order may commit him to gaol for a period not 
 
 exceeding a month. 
 Certain loaves 10. These provisions shall not apply to loaves made to 
 exempted. ordcv and rasped by the desire of the customer, nor to 
 
 loaves or cakes sold weighing less than half a pound. 
 Limitation of ac- H. Prosecutions for breach of any such provisions 
 *'°"' shall be commenced within three days after the otfence 
 
 committed. 
 
 POTATOES, &C. 
 
 Edible roots, 12. Potatoes and all edible roots shall hereafter be sold 
 
 TARE ON SUGAR. 
 
 how to sold. by weight 
 
 Tare on sugar, 13. The tare to be allowed on the sale of brown or 
 how ascertained. j.g^.,y Sugar shall upon every barrel be twenty-two pounds, 
 and upon 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. 
 
 Fine for not ai- 14. An}' person who shall not allow the full tare as 
 saiT."^ *^^° ™ herein prescribed shall forfeit fifty gents for every hundred 
 
 weight of the sugar upon which such full tare shall not be 
 
 allowed. 
 
 COAL AND SALT. 
 
 Coals, how sold. 15. Coals sold from shipboard by retail shall be sold 
 by the ton weight of two thousand two hundred and forty 
 pounds avoirdupois and its subdivisions. 
 
 Coal and salt to 1 6. All coal or Salt sold from shipboard by retail in 
 be measured, ^jjis Province shall be weighed or measured by ofiicers 
 
 appointed for the purpose. 
 Liable to for- 17. If such coal or salt shall be delivered to any 
 S withou'ttdng *'''"^^'^^" °^ other person without having been weighed or 
 measured. measured according to the two last sections, the seller shall 
 forfeit the same or the value thereof to the use of the poor. 
 Pees of measur- 18. The mcasurers of coal shall receive from the seller 
 eight and one half cents for every ton, and measurers of 
 salt shall receive three and one half cents for every 
 hogshead, which they shall respectively measure. 
 
 era. 
 
TITLE XIV.] INSPECTION OF PROVISIONS, LUMBER, FUEL, ETC. 525 
 
 19. If any measurer of coal or -salt shall undertake to Chap. 73. 
 attend the admeasurement of coal or salt from more than pi„e on moasur- 
 one vessel at the same time he shall forfeit a sum not^''* '°'^ miscon- 
 exceeding eight dollars for each offence, and for any neglect 
 
 or misconduct other than the offence last mentioned a sum 
 not exceeding twelve dollars. 
 
 20. Every person who shall wilfully sell or dispose of Penalty formis- 
 any coal within this Province under any name or designa- khWooai"" °' 
 tion other than that of the mine or locality from whence 
 
 the same may have been obtained shall forfeit a penalty of 
 forty dollars. 
 
 21. Any shipmaster or other person bringing coal to shipmaster shaii 
 any port in this Province from any mine therein shall cat'a'of proprietor 
 exhibit on demand thereof to any person desirous of^''®" requited, 
 purchasitig coal 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 shipping officer is hereby required to give 
 to the shipmaster at the time of the shipment of such coal. 
 
 22. Any proprietor or shipping officer refusing to give Proprietor, &c,, 
 such certificate or giving a false certificate, or any shipmaster £'Se ;*p™auy! 
 or seller of coal refusing to exhibit such certificate on 
 demand or exhibiting a false certificate, shall respectively 
 
 forfeit twenty dollars. 
 
 23. Every such certificate shall on the discharge of the certificate deiiv- 
 cargo of coal to which it refers be delivered up by fhe*'^^ 
 holder thereof to the collector of customs of the port, to be 
 
 placed upon the file in his office. 
 
 24. Hay may be weighed in scales or by steel-yards ^|f -^^^T^^j h. 
 duly stamped by the clerk of the market, and weighers Sees.' ^°'* 
 shall in the absence of other regulations by the municipal 
 councils receive at the rate of two cents for every 
 hundred weight of hay weighed by them, and seven 
 
 cents for every mile they shall be required to travel if the 
 distance shall exceed one mile; but the municipal councils 
 may from time to time regulate the rate to be received by 
 weighers of hay in the several municipalities. 
 
 OORDWOOD. 
 
 25. Every stick of cord wood intended for retail shall cordwood for ro- 
 measure four feet in length, accounting half the scarf, and^d dimension? 
 be sound hard wood, and every cord shall be of the full 
 
 length of eight feet and four feet high and piled close. 
 
626 Inspection oi' provisions, lumber, fuel, etc. [part i. 
 
 Chap. 73. 2G. All cordwood sold from shipboard shall be surveyed 
 cordwood from ^nd measured before sale by an officer appointed for the 
 shipboard, to be purpose, who shall receive seven cents from the seller for 
 
 measured ; mea- ^ ^ , , , . 
 
 surers'fees. every cord by him surveyed and measured. 
 
 Fine for selling 27. Persons selling such cordwood without having the 
 
 out''beinff mea- ■'5^™^ Surveyed and measured under the last preceding 
 
 sured. sectiou shall forfeit the same or the value thereof. 
 
 What wood to be 28. All sticks of such wood not of the requisite length 
 
 rejece . ghall be rejected by the measurer. 
 
 Provisions in 29. Persons otferinff any cordwood for sale shall pile 
 
 case of rotten or ,, , ,, i*^*^.,.™ . i.j. 
 
 crooked wood, all the crooKed and rotten sticks it any separately, and it 
 on the survey the measurer shall find any rotten wood or 
 any crooked sticks in the cord which shall prevent the 
 same being piled close such crooked or rotten sticks shall 
 be rejected, and the deficiency in the cord made good before 
 sale thereof. 
 er"vio'iat'inrhi3 ^^'- ^^ ^"^^ Hieasurer shall violate his duty he shall 
 duty. forfeit a sum not exceeding four dollars for every ofience. 
 
 LUMBER. 
 
 Boards to bo oi 31. In the survev of boards there shall be four qualities, 
 
 four qualities ; . ^ ^ 
 
 theirdescription. VIZ. : — 
 
 First.— 'Clear boards at least one inch in thickness. 
 
 Second. — -Merchantable boards of first quality, sawed 
 of equal thickness throughout, and when not hardwood, 
 squared at the edges with a saw ; to be free from rots, 
 wanes, worm holes and auger holes ; at least seven eighths 
 of an inch in thickness, and containing not less than ten 
 superficial feet. 
 
 Third.^- Merchantable boards of second quality, of the 
 same dimensions, and free from rots, shakes and worm 
 holes ; and. 
 
 Fourth. — Refuse, to include all other descriptions of 
 boards. 
 Dimension deals 32. All dimension deals shall be not less than twelve 
 feet long, nine, eleven, and twelve inches wide, and three 
 inches thick respectively, having an allowance of from one 
 to two inches in the length, from a quarter to half an inch 
 in the breadth, and from one eighth to a quarter of an inch 
 in the thickness ; they shall be smooth and fair, of equal 
 width and thickness throughout, butted at both ends with 
 a saw, free from rots, sap, stains, large knots, rents, shakes, 
 _ worm and auger holes, and shall have the stubshot sawn ofi". 
 
 Pknk for expor- 33. All plank intended for exportation except hardwood 
 and°quaiity. ^'^^ plank shall be from ten to twenty feet in length, nine 
 inches in breadth, and three inches and one eighth in 
 thickness, and of the same quality as dimension deals. 
 
IITLE XlV.] INSPECTION 01* PROVISIONS, LUMBER, FUEL, ETC. 527 
 
 34. All hardwood timber for exportation shall be Chap. 73, 
 squared and smoothly' hewed, free from knotty tops, plugs, Hardwood tim- 
 rots, rotten or concave knots, decayed sap or worm holes, ¥■■ '""^ ^''po''*- 
 shall be square butted and not less than eight feet in 
 
 length, the taper not to exceed one inch for every eight feet 
 
 in length, the wane not to exceed two inches in each coiner 
 
 when the square is under sixteen inches, three inches when 
 
 it exceeds sixteen inches. In order to ascertain the contents How surveyed. 
 
 of such, the surveyor shall girt or measure the same at the 
 
 middle of the stick, and the difference of the squares 
 
 between any two sides shall not exceed two inches ; no log 
 
 shall have a sweep unless it has two straight sides. All spruce and pine 
 
 spruce and pine timber to be merchantable must be free""^^"^' 
 
 from the above defects, and shall be not less than ten 
 
 inches square and not less than sixteen feet in length. 
 
 35. In the survey of shingles there shall be three shingiea to be of 
 qualities, viz. : _ ^'i^ ^"Sp! 
 
 No. 1. — Pine or cedar shingles not less than eighteen *'°™- 
 inches long, four inches wide and three eighths of an inch 
 thick at the butt, and clear of sap, slash, shakes, twists, and 
 worm holes. 
 
 No. 2. — Pine, cedar, spruce or hemlock shingles not less 
 than sixteen inches long, three and a half inches wide, and 
 from a quarter to a quarter and a sixteenth of an inch 
 thick, to be free from sap,slash, shakes, and worm holes; and, 
 
 No. 3. — Refuse, to include all other descriptions of 
 shingles. 
 
 No. 1 and 2 shingles shall be put up in bundles not 
 less than twenty-five tiers or courses twenty inches wide ; 
 four bundles to be considered as a thousand. 
 
 All shipping shingles for exportation shall be half an inch 
 thick at the butt, and extend the same thickness three 
 fourths of the length, and be shaved from thence to the 
 point, and from four to four and a half inches wide. 
 
 36. Clapboards shall be four feet four inches long, five ciaptoards, their 
 
 lip 'ii'i i-i-T-T-i length ana ae- 
 
 inches wide, and halt an inch thick at the bacE. scription. 
 
 37. Lathwood shall be of fresh growth, straight rif t, Latiiwood, de- 
 free from bark, heart and knots, and measured by the cord. how'^measMed." 
 
 38. Hogshead staves shall be forty-two inches long, staves, their^de- 
 from three and a half to five and a half inches wide, and mode'of'caiouia- 
 three quarters of an inch thick on the thinnest edge, and*'™- 
 
 not more than one inch on the back. 
 
 Barrel staves shall be thirty-two inches long and half 
 an inch thick on the thinnest edge, and not exceeding three ■ 
 quarters af 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 thousand. 
 
528 INSPECTION OF PROVISIONS, LUMBER, FUEL, ETC. [PART I. 
 
 Chap. 73. 39. Upon any contract or bargain for a quantity of 
 Timber,&o., pur- timber or lumber for exportation the same shall be under- 
 °''*tati n'°' haii^*'°°'^ *'° ^i^an that which is hereinbefore described, and 
 be as respective- the purchaser shall not be obliged to receive any other 
 ly described. unless Under a special written agreement specifying what 
 he actually is to receive. 
 
 Duty of lumber 40. The surveyors of lumber shall when required 
 measurers on a (J jijcrently examine and survey everv description of lumber 
 
 survey. o •/ j v ir 
 
 described in any of the preceding sections whether for sale 
 or exportation in their respective districts, and shall mark 
 the same as directed by this section at the time of the 
 survej'; but if it shall have been previously surveyed in 
 the Province the surveyor shall only re-survey and mark 
 anew the same when he shall have any doubt of the 
 measure ; and on every survey he shall furnish the seller 
 and the purchaser each with a certificate thereof specifying 
 the quality and dimensions, and on every stick of ton 
 timber shall mark in figures the contents in cubic feet, the 
 initials of his name, and the private mark of the purchaser ; 
 and on all deals and plank shall mark in lead on the ends 
 the length, breadth, thickness and superficial contents, and 
 his own private mark ; and on all boards the superficial 
 contents and his private mark. 
 
 Fees of surveyors 41. The surveyors of lumber shall receive the following 
 
 of lumber. fees, viz., for measuring and surveying all ton timber, five 
 
 cents per ton, together with seven cents for every mile 
 
 they shall necessarily travel in coming to the place of the 
 
 survey. 
 
 For every thousand superficial feet of deals, plank, 
 scantlings and boards respectively, fifteen cents for survey- 
 ing and five cents for marking ; and for viewing only, 
 where the same shall have been previously suiveyed 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. 
 
 Surveyors' certi- 42. The surveyor's certificate shall be binding between 
 fertT provision's*^^ Seller and the purchaser, but in case they disagree 
 In case of dispute either party may call in three other surveyors who are in 
 no way interested in the matter in dispute to re-survey 
 the same, and their decision shall be final. If the first 
 survey be confirmed the expense of the second shall fall 
 upon ihe 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. 
 
TITLE XIV.] INSPECTIOxX OF PROVISIONS, LUMBER, FUEL, ETC. 529 
 
 43. The surveyor's fees shall in all cases be paid by Chap. 73. 
 the seller, who shall remove all obstacles in the way ofFeiTS 
 
 ■• "J u*. J.. ecH ui survey 
 
 the surveyor which may prevent him from viewing and P^f^^'^^f "'''■! 
 measuring with facility any timber or lumber which he Burvey. "" ^ '"' 
 may be required to survey, and shall if necessary have the 
 same canted. But the purchaser upon any special agree- 
 ment therefor, or if he shall require a fresh survey, shall 
 pay the surveyor's fees. 
 
 44. Upon the survey of shingles, clapboards and staves shinjries, &c., 
 respectively, those which are deficient in quality or 'X^efeaed!™ 
 dimensions shall be rejected. 
 
 45. All shingles and clapboards exposed for sale bySh>n?ies,&o.,for- 
 quantities in bundles and not holding the number they are £!■'// Zi^^s^t 
 marked for shall, unless it appear that part thereof have ^fS qu'anuti 
 been accidentally shaken out after packing, be forfeited. 
 
 46. Any person who shall without the permission of F'"" for destroy- 
 the owner of any timber or lumber, alter, deface or destroy mfrks^o^Tum- 
 the marks of a surveyor of lumber thereon, shall forfeit a'""'' *°' 
 sum not exceeding four dollars for each offence. 
 
 47. Any surveyor of lumber violating any of these Fine for lumber 
 provisions shall forfeit a sum not exceeding twenty dollars ™g™^"ut™''''' 
 for each offence. 
 
 4y. All prosecutions under these provisions shall be Limitation of 
 commenced within twelve months from the time of the"""""^" 
 commission of the offence. 
 
 APPLES ANB POTATOES. 
 
 49. The size and dimension of barrels used for putting size and dimcn- 
 up or packing apples or potatoes for sale shall be as follows, potato barrels."'' 
 to wit : the length of the stave or barrel shall be twenty- 
 nine inches, and the heads between the chimes seventeen 
 
 inches, with a diameter in the centre 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. 
 
 50. All barrels used for the shipment of apples or Number of hoops 
 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. 
 
 51. The makers of all apple or potato barrels shall Barrels to be 
 brand the initials of their christian name and their whole '"^*°'^^'^' 
 surname on the outside of each barrel near the top of the 
 
 stave, under a penalty of twenty-five cents. 
 
 52. Any person putting up apples or potatoes for sale penalty for seii- 
 in barrels of smaller dimensions than those hereinbefore j.X'"^'"*"''"" 
 described, shall forfeit to the purchaser as damages an 
 
 amount in proportion to any diminution of size or loss 
 bo 
 
530 MILLS AND MILLERS. [PART L 
 
 Chap. 74. sustained thereby, to be recovered as an ordinary debt, and 
 be liable to a fine of one dollar. 
 
 flour barrels, preclude the use of flour barrels in the shipment of any 
 
 Not to afloot 53. Nothing in the last four sections contained shall 
 preclude the use o 
 article of produce. 
 
 STAVES AND BBIOKS. 
 
 Staves, bricka, 54. All staves, bricks and other articles which are 
 &o., how count- jjQ^ reckoned by the tale of twelve hundred to the thousand, 
 
 shall be calculated by the tale of ten hundred to the thousand. 
 Municipal coun- 55. The municipal council may appoint all inspectors 
 uiHcera. "■'"'"'"'and other officers necessary for carrying out the provisions 
 
 of this Chapter. 
 
 CHAPTER 74 
 
 OF MILLS AND MILLERS. 
 
 Tolls for grind- 1. The tolls to be taken by every miller for grinding 
 refuiated.' ' wheat, rye, barley, buckwheat or Indian corn, or for grinding 
 oats which are not kiln dried, shelled and sifted, shall not 
 exceed one sixteenth part, nor the tolls for kiln drying, 
 shelling, grinding and sifting oats one eighth part, of the 
 whole quantity brought to the mill to be ground. 
 Tolls for hulling 2. Every miller shall receive for hulling barley one 
 flou^'te.*^""^ sixth of the quantity, and for bolting or sifting flour or 
 meal ground at his mill one pint out of each bushel of 
 grain or corn so ground. 
 ouantity ot 3. The quantity of grain or corn to be ground shall be 
 
 S.*"""^""" ascertained by a sealed measure. 
 
 Fine for taking 4. A miller demanding or taking any larger toll than 
 
 i'iiegaUoT'"'"^is hereby allowed shall forfeit eight dollars for every such 
 
 offence, and shall pay the owner the full value of the grain 
 
 or meal taken beyond the prescribed toll. 
 
 Fine for refusing 5. A miller refusing to grind any grain or corn, or to 
 
 Btea^mfils. *°' ^uU any barley which shall be in good order, or to bolt or 
 
 sift any flour or meal, having the requisite machinery 
 
 therefor, shall forfeit eight dollars for every offence ; but 
 
 the proprietor or manager of any steam mill may refuse to 
 
 receive or to grind any grain or corn, or to hull any barley, 
 
 and shall not be subject to the above penalty therefor, 
 
 unless he shall first receive and afterwards refuse to grind 
 
 such grain or corn or to hull such barley. 
 
 Millers to keep 6. Every miller shall have in his mill, erected in a 
 
 wSghtaTn'^miiis, Convenient place, properly fitted and provided, a good and 
 
 under penalty of sufficient beam and scales with proper legal weights for 
 
 the use of persons requiring grain or corn to be ground at 
 
 such mill, and in default shall for every such offence forfeit 
 
 twenty dollars. 
 
"SlTLE Xt.] IJICElfSES— SAL'S Of' INTOXICATING LfQUORS. B31 
 
 Chap. 75. 
 
 TITLE XV. 
 
 OF LICENSES. 
 
 OHAPTEE 75. 
 
 '0> LICE1«TSES FOE THE SALE OF INTOXICATING LIQUORS. 
 
 1. The council of «ach municipality shall annually cicrks of Hoenst, 
 appoint as many clerks of the license as they may think ^ointment of, 
 fit, and shall define the districts within which they shall 
 «xercise their authority, and such clerks of the license 
 
 -shall give bonds to Her Majesty with such sureties and in 
 such penalty as the council may direct for the faithful 
 performance of their duties, and shall be sworn into office ; 
 and such officers shall be appointed although no licenses 
 be granted in the municipality. If the person so appointed 
 «hall die, refuse to act, remove from the municipality, or from 
 any other cause whatever shall be unable to act, the warden 
 and any three councillors may appoint a suitable person to 
 fill such office, subject to the conditions above mentioned. 
 
 2. No intoxicating liquors shall be sold in quantities intoxicating 
 less than ten gallons to be delivered at one and the same wuhmt license. 
 time, unless in the original package in which imported, 
 
 such original package not to mean bottled liquors in 
 quantities less than ten gallons, or by license, under the 
 penalties set forth in section 1.8 of this Chapter. 
 
 3. Licenses for the sale of intoxicating liquors shall i-'censes, how 
 ■only be granted by the council upon the presentation of a ^'^^ 
 petition of two thirds of the rate-payers of the polling 
 
 'district in 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 council by the oath of a competent person or persons, 
 who shall swear to the hovd fide character of such 
 signatures, and such petition may be rejected in whole or 
 in part by the council. The petition or petitions of the 
 rate-payers of any district or ward for licenses shall be 
 deposited with the clerk of the municipality, or at the 
 office of the town council as the case may be, at least one 
 week previous to the time for authorizing the granting of 
 such license, and all such petitions shall be preserved and 
 shall be open to the inspection of rate-payers during office 
 
532 LICENSES— SALE OF INTOXICATINCf LIQUORS. [PAET i. 
 
 Chap. 75. hours, from the time of deposit to the expiration of the 
 
 term of the license granted. 
 
 Licenses in 4. Within any town now incorporated or hereafter to 
 
 towra,°'^how he incorporated no license for the sale of intoxicating 
 
 granted. liquors shall be granted by tlie town council except upon 
 
 the presentation of a petition signed by two third* of the 
 
 late-payers of the ward in which sueb license is proposed 
 
 to be gianted, praying for the same. The genuineness of the 
 
 signatures to such petition shall be established by affidavit 
 
 to the satisfaction of the council. No license shall be 
 
 granted for a longer period than one year. 
 
 Licenses in HaE- 5. Licenses for the sale of intoxicating liquors shall 
 gmntSi!''' '""'only be granted within the City of Halifax by the city 
 council upon the recommendation of the license committee, 
 concurred in by two thirds of such committee, and 
 accompanied by a petition from a majority of the rate- 
 payers of the licensing district in which the license is 
 proposed to be granted, praying for such license. The 
 genuineness of the signatures of such petitioners shall be 
 established by affidavit to the satisfaction of the city 
 council, 
 Halifax City di- 6. Such city council shall have power to divide the 
 si'n|'*di8tricte.™ wards of the city into licensing districts containing not 
 less than one hundred 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 regarded as authoritative lists of the rate-payers 
 in such districts ; and until the city council shall define 
 such licensing districts each polling district in the city 
 shall be considered a licensing district. 
 
 Application .for 7. In the City of Halifax no application for license 
 license m Hall- gjjg^ij j^g entertained by the city council unless the petition 
 for such license be filed with the city clerk, and notice 
 of said application be and remain posted in the office of 
 the city clerk for at least ten days previou.s, said petition 
 to be open to the inspection of the rate-payers of the city, 
 and no license shall be granted thereon if it be shewn to 
 the satisfaction of the committee on licenses that any 
 signatures to the petition had been forged or illegally 
 obtained. 
 
 Clerk of license 8. Every clcrk of the license or justice of the peace, 
 
 ered U) ^eSSl o^ ^ny Other person acting under the written authority of 
 
 peraonsTmpect- ^ ^^^"^^ °^ *^® Hccnse or justice of the peace, is hereby 
 
 ed of violating empowered to enter into or upon the premises, or into the 
 
 shop, store, dwelling house or other building of any person 
 
 who (whether holding a license or unlicensed) is generally 
 
 reputed and suspected of violating any law respecting 
 
 the sale of intoxicating liquors, or of violating the license 
 
TITLE XV.] LICENSES — SALE OF INTOXICATING LIQUORS. 533 
 
 law, or of selling liquors without license; and any person Chap. To. 
 
 so suspected shall upon being required by any of such 
 
 officers or persons so authorized as aforesaid immediately 
 
 open his said premises and grant free admission to the 
 
 •same; and any person who shall refuse admission to his ^^.^^jty^''"' "^ 
 
 premises, shop, store, dwelling, house or other buiiding, or 
 
 ■who shall not open the same and grant free access thereto, 
 
 and who shall jiot permit any of the said officers or persons 
 
 to so enter, or who shall obstruct any such officer or person 
 
 in the performance of his duty, shall be liable on conviction 
 
 to a penalty of twenty dollars for every such offence, to be 
 
 prosecuted in the name of the Crown or of any person 
 
 who shall prosecute therefor before any two justices of the 
 
 peace for the county in which the offence is committed ; 
 
 and in the event of the fine not being paid the party 
 
 <ionvicted shall be imprisoned in the gaol of the county or 
 
 •municipality in which the offence is committed for a term 
 
 of not less ithan twenty days nor more than ninety days. 
 
 The fine when received shall be paid in to the treasurer of 
 
 the municipality in which the cause of action originated, 
 
 towards the general funds of such county or district. 
 
 9. In any polling district or licensing district in which ^'^^g^o^pe^"; 
 no licenses are granted, any instice of the peace, upon previously con- 
 
 ,.,,, -, , \ • 1 ,^ 11 p <f 1. victed, how seiz- 
 
 complamt being mane to him by the cierk or license or byed m certain 
 any other person, shall issue a warrant for the seizure of *'^^'- 
 liquors found upon the premises of any person who has 
 been previously convicted of violating any of the provisions 
 of this Chapter. 
 
 10. Five days' notice shall be served upon the owner Notice ^^ to _^^be 
 or occupier of such premises to furnish proof at' the trial accused. 
 that such liquors were not kept or intended for illicit sale ; 
 
 and should he fail to substantiate his innocence to the P^'J^^^y ™ <=°^- 
 
 satisfaction 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, After^j^econd 
 
 such liquors when so found shall \)e forthwith seized and 
 
 <iestro3-ed without notice or trial. 
 
 n. Any person having such liquors so found updn ^iSb^a ramu"atire 
 premises confiscated as aforesaid shall in addition to such penalty. 
 confiscation be subject to the penalties prescribed in this 
 Chapter for violating the provisions of such Chapter. 
 
 12. Any clerk of license or justice of the peace, or any ^jiq^pj-s ^.found 
 person authorized by a clerk of license or justice, may mining works, to 
 seize and destroy allmtoxicating liquors found exposed or ''^ ^''"■°^'^'^- 
 intended for illicit sale within a mile of any mine or 
 mining works, and for that purpose if necessary upon 
 reasonable grounds of suspicion may enter into any house 
 
53* LICENSES — SALE OF INTOXICATING LIQUORS. [PART I- 
 
 Chap. 75. or building within a mile of such mine or raining works, 
 
 and seize, take away or destroy all such intoxicating- 
 
 No licenses in liquors : and no licenses shall hereafter be granted in any 
 
 goiddistriot, «"=• pj-ociainied gold district or within a mile of any coal, iron 
 
 or other mine or mining works. 
 
 Penalties. 13. The penalties for violating the law relating to the 
 
 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 fortj' dollars or eighty 
 days' imprisonment ; and for every subsequent offence 
 eighty dollars or three months' imprisonment. The first 
 offence shall mean the first time that the accused party 
 shall have been convicted of violating the law relating to 
 the sale of intoxicating liquors, whether upon confession 
 or after trial or by default ; the second, third, fourth and 
 subsequent offences shall in all cases respectively rank in 
 the amount of the fine, after the next previous conviction 
 of the accused party, and every separate sale of any 
 intoxicating liquors to any person or persons, or to the 
 same person at different times on the same day or other 
 days, within six months previous to the date of any 
 summons, shall be a separate violation of the law and 
 punishable by fine or imprisonment ; but only one convic^ 
 tion shall be made by the justice or justices or stipendiary 
 magistrate trying the same under each summons. On the 
 trial of any cause under the provisions of this Chapter or 
 any other Acts relating to the sale of intoxicating liquors, 
 the prodaction of any previous conviction against the 
 party charged shall be sufficient evidence of such previous 
 conviction. 
 
 Licenses restrict- 14. No liccnses other than tavern or shop licenses. 
 
 *"*• shall hereafter be granted; and no intoxicating liquors 
 
 shall hereafter be sold in any tavern or other licensed 
 house after the hour of nine o'^clock in the evening, except 
 to regular and constant boarders and travellers. No person 
 resident within one mile of such tavern or licensed house 
 shall be considered a traveller within the meaning of this 
 section. 
 
 Forms of. 15. Licenses shall be In the form in schedule A. 
 
 Duty, how fixed 16. The councils of the various municipalities and thft 
 city council of Halifax shall fix the amount of duty to be 
 paid for each class of license, and the fees to be paid to 
 the clerk of license and clerk of the municipality for 
 i.ssuing the same, and also the commission to be paid to the 
 clerk of license for collecting and paying over such debts. 
 
TITLE XV.] LICENSES— SALE OF INTOXICATING LIQUORS. 535 
 
 17. Every person to whom a license shall be granted Chap. 75. 
 shall, before receiving the same and within fifteen da5's Duty, when paid. 
 after the meeting of the council granting the same, pay 
 
 down the whole duties, and shall also enter into a bond Bond, 
 with two sureties in the form in schedule B, which bond 
 shall be prepared by the clerk of the licenses, and when 
 executed shall be filed with the clerk of the municipality. 
 
 18. License free of duty, or upon payment of a less Free licenses, 
 duty than that by law imposed, may be granted to persons 
 
 living on public roads little frequented to encourage them in 
 keeping public houses for the accommodation of travellers. 
 
 19. No justice of the peace or coroner shall hold a J™'>™8 ™d cor- 
 tavern or shop license. oners prohibitea 
 
 20. The clerk of the municipality and clerk of the licenses Registry of ji- 
 shall each register in a book to be "kept for that purpose a''^'''^^' 
 
 list of licenses, with the dates of such licenses, the names, 
 additions and residences of the parties so licensed, and a 
 memorandum of the houses or shops foi* which such license.s 
 were granted, and a statement of, the number of bonds 
 taken and of the amount of duties paid ; and such books 
 shall be exhibited when required to the municipal council. 
 
 21. If any person holding a tavern license shall not,Tavem must 
 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 
 horse can be there had, he shall forfeit a sum not exceeding Penalty, 
 twent)' dollars ; and the neglect to do so for every ten 
 days after every conviction shall be deemed a fresh offence. 
 
 22. No bar room shall have more than one entrance, Bar room to 
 which shall open on the public street, entrance" ^ 
 
 23. The penalties for contravening the next preceding Penalties, &c, 
 section of this Chapter shall be ten dollars for the first 
 offence, twenty dollars for the second, and forty dollars for 
 
 the third and eveiy subsequent off'ence. Each week that 
 such contravention continues shall be deemed a separate 
 offence. Such penalties may be recovered by any person 
 suing for the same. 
 
 24. Every licensed tavern or shop for retailing intoxi- rime of oiosing 
 eating liquors shall be closed at or before the hour of ten **™" ""'"'p- 
 o'clock in the evening. 
 
 25. Any person violating the provisions of the preceding Penalty, 
 section shall be liable to a penalty not exceeding twenty 
 dollars. 
 
 26. If any person not having a license shall place on Penalty for sign 
 any building or in the neighborhood thereof any in.scription '"''®° "° ''"®™°' 
 importing that intoxicating liquors may be had there, he 
 
 shall forfeit a suro not e3:ceeding twenty dollars; and 
 
536 LICENSES — SALE OF INTOXICATING LIQUORS. [PART L 
 
 Chap. 75. every continuation of such inscription for ten days after 
 
 conviction shall be deemed a fresh offence. 
 Penalties for not 27. If any pcrson holding; a tavern license shall not 
 
 K66'Di'nQr order ^^ 
 
 maintain good order on the premises, or if he shall permit 
 ambling, drink- rafflin£j Or gambling thereon, or shall on Sunday permit 
 
 ing on Sunday, ii, il, l J L • t 
 
 &c. persons other than lodgers or persons coming tor necessary 
 
 victualling only to remain about the premises drinking or 
 idly spending their time, or where not holding a general 
 license also shall permit anything other than victuals and 
 drink usually consumed in a tavern to be exposed for sale 
 
 Not haviner ae- on the premises, or shall not have reasonable accommodation 
 for travellers and their horses, cattle and conveyances, he 
 shall forfeit his license and a sum not exceeding forty 
 dollars for every offence, in the discretion of the court 
 before which he shall be convicted. 
 
 Selling liquor on 28. If any person holding any license shall sell any 
 ™ *^' intoxicating liquors on Sundays, except in the case of 
 
 tavern keepers to lodgers on the premises, he shall incur 
 the like forfeiture as mentioned in the last section. 
 
 Shop license, re- 29. No pcrson holding a shop license only shall sell 
 ' ■ less than one gallon of intoxicating 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 any 
 such premises to be opened on Sunday, under the same 
 penalty as that mentioned in the twenty-first section. 
 
 Charges for liq- 30. No person shall recover or be allowed to' set off 
 
 uors not recover- i E • ± ' !.• t • ,•, -i 
 
 able if under one any charge lor intoxicating liquors in any quantity less 
 gallon. than one gallon delivered at one and the same time ; and 
 
 all specialties, bills, notes, agreements or accounts, stated, 
 given, or made in whole or in part for or to secure any 
 Exceptions. such charge shall be void ; but nothing herein contained 
 shall extend to any charge made by a pei'son holding a 
 tavern license only against any boarder or traveller. It 
 shall not be necessary for any person wishing to take 
 advantage of this section to plead the same specially ; but 
 advantage may be taken thereof at any stage of the trial 
 on motion for non-suit. 
 
 Receiving goods 31. If any person holding a tavern license shall 
 
 from servants or i j. j. i i ■ • 
 
 in pawn. purchase irom any servant or common laborer any wearing 
 
 apparel, tools or implements of trade or husbandry, or 
 household goods or furniture made up, or shall receive from 
 
 Forin of pro- any pcrson any goods in pawn, any justice of the peace 
 
 ceedmg. upon Sufficient proof on oath of the fact may issue his 
 
 warrant for restitution of the property and for payment of 
 the costs, and in default thereof for levy and sale of the 
 offender's goods for double the value of the property and 
 
 Penalty. costs, and the offender shall also be liable to a penalty of 
 
 eight dollars. 
 
TITLE XV.] LICENSES— SALE OF INTOXICATING LIQUOES. 537 
 
 32. Marriet? women, servants or other persons concerned Chap. 75 
 in any breach of this Chapter shall be liable to the penalty p,„,„y ^,,„,, 
 thereto attaching as if they were unmarried women or "=""™<i women, 
 principals, provided the husbands or masters shall not have *°" 
 been prosecuted for the same offence, and upon any Proviso, 
 conviction of a married woman, servant or other person 
 under this section the husband, employer or master shall 
 not be afterwards sued for the same offence. 
 
 83. The clerks of the licenses except in the City of ^'^Jj^'j^^"™"^''- 
 Halifax shall render a half yearly account to the municipal 
 treasurer of all duties collected, and of all penalties or 
 portions thereof payable into the municipal treasury, which 
 maj' have come into their hands, together with a statement 
 of all judgments obtained for penalties so far as the same 
 shall have come to their knowledge and which may be 
 unsatisfied, and shall immediately on the receipt of any Duti^apgn^jti^g 
 license duties, penalties or portions of penalties pay the same *<^:' '" whom 
 over to the municipal treasurer, deducting the commission.''*' ' 
 
 34. Penalties under this Chapter may be recovered in Penalties, how 
 the name of any of the clerks of license for the municipality ''''°°^"°'*' 
 in which the offence shall have been committed, or of any 
 other person who will sue therefor, in the same manner and 
 with the like costs as if they were private debts, except 
 that the summons shall be in the form in schedule C, and Forms, 
 upon conviction such conviction shall be endorsed upon or 
 annexed to the original summons in the form of schedule 
 D, and the same when signed by the justices shall be held a 
 valid conviction, and thereupon an execution for the amount 
 therein mentioned shall issue in the form in schedule F, 
 and upon the trial of any cause under this Chapter either 
 the 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 appears 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 Amendment ot 
 may be amended at the trial below or on an appeal, but the ''"""°"^' 
 clerk of license on information being given to him in cicrk when oom- 
 writing on having his costs guaranteed by two or morecute^. '° ^'°"^' 
 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 recovered as an ordinary debt in the name 
 of the person making such request. 
 
 So. Penalties under this Chapter except as provided Penalties, ma- 
 in the preceding section shall be paid one half to the'"'°* °' 
 person suing and the other half into the municipal treasury. 
 
538 LICENSES — SALE OP INTOXICATING LIQUORS. [PART L 
 
 Chap. 75. except in the Citj' of Halifax and other incorporated towns, 
 Halifax and in- where the Same shall be paid to the officer now by law 
 corporated towns a^y(;jjQrj2ed to receive such moneys. 
 
 Appeals, how 36. Appeals from the decisions of the justices for any 
 penalty or foi-feiture 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 
 
 Appeal bond, become bound with two sufficient sureties in a sum double 
 the amount of the judgment to prosecute such appeal and 
 to pay all costs, fines and penalties that may be imposed 
 and taxed in the final disposition of the suit, and also that 
 during the pendency of the appeal he will not violate any of 
 
 Certiorari, bonds the provisions of this Chapter, and in the case of certiorari 
 instead of the bail required in such case the same bond 
 shall be given as in ordinary appeals, and in case of 
 
 New trial. granting a new trial the court may impose such terms on 
 either party as may best promote the ends of justice. No 
 appeal shall be granted unless the party applying therefor 
 
 Deau"" '" "''■ii'^ks S'D affidavit that he did not by himself or his agent 
 or clerk sell the liquor contrary to law as charged in the 
 summons. 
 
 Affidavit on issue 37. In no cause instituted for breach of the license 
 ce ora . j^^ £^^ ^■^^ ^^j^ ^j iutoxicating liquor shall a writ of 
 certiorari issue unless the party applying therefor shall 
 make the same affidavit required in case of appeal, viz. : 
 " That he did not by himself or his agent or clerk with his 
 knowledge or consent sell the liquor contrary to law as 
 charged in the summons." 
 
 Pona,fonnoj. 38. The bond to be given on such appeal or on issuing 
 
 a writ of certiorari shall be in the same form as that in 
 schedule E. 
 
 Penalty for non, 39. If any pcrson subpoenaed as a witness in any suit 
 
 wUmsms!" °' or prosecution under this Chapter shall not attend at the 
 time and place mentioned in the subpoena, without just 
 cause to be allowed by the court or justices before whom 
 the suit or prosecution shall be had, or having attended 
 shall depart without permi.'ssion of the court or justices, or 
 shall refuse to be sworn or give evidence on the trial, he 
 
 How levied. shall forfeit a sum not exceeding forty dollars to be sued 
 for and collected as an ordinary debt by the plaintiff, and 
 for want of goods whereupon to levy he may be committed 
 to gaol and detained there for the same period of time as if 
 he had been guilty of a first offence for selling liquors 
 
 Must be paid without license ; but no person shall be obliged to attend 
 or give evidence on any such trial until he shall have been 
 paid his fees for travel and attendance. 
 
 ^d^Titei ''""^ *^" "'"" ®"^^® instituted by Xhe clerk of the licenses 
 wjjere the justice before whom the trial is had shall give 
 
TITLE Xy.] LICENSES— SALE OF INTOXICATING LIQUORS, 539 
 
 judgment for the prosecution, or if he give judgment for CHAP. 75. 
 the defendant shall certify there was reasonable ground 
 for commencing the suit, the prosecutor shall be fully- 
 indemnified for all costs and expenses on both sides, to be 
 taxed by a judge of the Supreme Court, and to be levied 
 by assessment or amercement on the municipality. 
 
 41. Any person who shall bribe or attempt to bribe,Penaity for in. 
 intimidate or attempt to intimidate, a witness with a viewJ^uSf "'* 
 to hinder him from giving testimony as to any violation of 
 
 this Chapter shall be liable to a penalty of not less than 
 twenty dollars. 
 
 42. Any justice of the peace who shall purchase Penalty on jus- 
 intoxicating liquors in any quantity less than ten gallons 
 
 from a person not holding a tavern license shall forfeit 
 twenty dollars, to be recovered in the name of the Crown 
 or of any person who will prosecute therefor, and shall be 
 liable to forfeit his commission. 
 
 43. No iudffment shall be withheld on account of ^i"^*"™, ""' *? 
 
 , J = , » J ,, .„ ., affeot Judgment, 
 
 variance between the proof and the summons, it it appears 
 
 to the satisfaction of the justices trying the cause that the 
 
 defendant was aware of the real cause of complaint; but if 
 
 the justices see fit for this cause they may continue the Justices may 
 
 trial for another day ; and no judgment shall be set aside °°" °"° ^^^' 
 
 for any variance or for any formal objection. 
 
 44. Any sale of intoxicating liquors made on the saie by wife, &c. 
 premises of any person by the wife, child or servant of such 
 
 person shall be considered presumptively as the act of the 
 husband, parent or master, and shall be punished in the 
 same way as if such sale had been made by such husband, 
 parent or master in person, and the burthen of proof of 
 innocence shall be thrown on such husband, parent or 
 master. 
 
 4.5, No mail carrier shall knowingly carry in the same Mail carrier not 
 waggon or vehicle with Her Majesty's mails any intoxicating *° ""''*' '"*""■ 
 liquors under a penalty of not less than four dollars, nor 
 more than twenty dollars for each offence. 
 
 46. Any person holding a license who shall sell or saie to a minoj? 
 deliver intoxicating liquor to a minor or to an Indian,"" 
 upon proof thereof before a justice of the peace shall forfeit 
 his license and shall not again be capable of holding a 
 license, and in case of sale to an Indian shall also be liable 
 to a penalty of twenty dollars for each oifence, and in 
 default of payment shall be imprisoned for a term of nal; 
 less thw ten days or more than twenty days, 
 
540 LICENSES — SALE OF INTOXICATING LIQUORS. [PART J. 
 
 Chap. 75. 47. Whenever in any inn, tavern or other house or 
 
 Legal represcn- place where intoxicating liquors of any kind are sold, 
 
 who™'h'M''come"'^1^6t^6r legally or illegally, any person has drunk to 
 
 to hia .death excess of intoxicating liquor of any kind therein furnished 
 
 cation may bring to him, and while in a state of intoxication from such 
 
 peraon furnish- drinking has come to his death by suicide or drowning, or 
 
 ing liquor. perishing from cold or other accident occasioned by such 
 
 intoxication, the keeper of such inn, tavern or other house 
 
 or place, and also any other person or persons who for him 
 
 or in his employ delivered to such person the liquor 
 
 whereby such intoxication was caused, shall be jointly and 
 
 severally liable to an action as for personal wrong at the 
 
 suit of the legal representatives of the deceased person, if 
 
 such action be brousfht within three months after such 
 
 decease but not otherwise, and such legal representatives 
 
 may bring either a joint and several action against them or 
 
 a separate action against either or any of them, and by 
 
 such action or actions may recover such sums not less than 
 
 one hundred nor more than one thousand dollars in the 
 
 aggregate of any such actions as may therein be assessed 
 
 by the court or judge or jury as damages. 
 
 Person furnish- 48. If a person in a state of intoxication assaults any 
 
 for Msauit com^ person Or injures any property, whoever furnished him with 
 
 son'^'intoxicated*'^® liquor which caused such intoxication, if such furnishing 
 
 thereby. was in violatiou of law, shall be jointly and severally liable 
 
 to the same action by the party injured as the person 
 
 intoxicated may be liable to, and such party injured or his 
 
 legal representatives may bring either a joint and several 
 
 action against the person intoxicated and the person or 
 
 persons who furnished such liquor, or a separate action 
 
 against either or any of them. 
 
 Husband, &o , 49. The husband, wife, parent, brother, sister, tutor, 
 noTto^eU liquor guardian or employer of any person who has the habit of 
 in certain <=as«8. ^jj,-jjjj.jjjg intoxicating liquors to excess, or the manner or 
 person in charge of any asylum or hospital or other 
 charitable institution in which such person resides or is 
 kept, or the guardian or curator of any interdicted person, 
 or the parent, brother or sister of the husband or wife of 
 such person, or the tutor or guardian of any child or children 
 of such person, may give notice in writing signed by him 
 or her to any person licensed to sell intoxicating liquor of 
 any kind, or unlicensed, not to deliver intoxicating liquor to 
 the person having such habit, and if the person so notified 
 do at any time within twelve months after such notice, 
 either himself or by his clerk, servant or agent, otherwise 
 than in accordance with the terms of a special requisition 
 for medicinal purposes, signed by a duly qualified medical 
 practitioner, deliver, or in or from any building, booth or 
 
TITLE XV.] LICENSES— SALE OF INTOXICATING LIQUORS. 541 
 
 place occupied by him and wherein or wherefrom any such Chap. 75. 
 
 liquor is sold, suffer to be delivered any such liquor to the ~ 
 
 person having such habit, the person giving the notice may 
 in an action as for personal wrong (if brought within six 
 months thereafter but not otherwise) recover of the person 
 notified such sum not less than ten dollars nor more than 
 five_ hundred dollars as may be assessed by the court, judge 
 or jury as damages, and any married woman may bring 
 such action in her own name without authorization by her 
 husband, and all damages recovered by her in that case 
 shall go to her separate use. In case of the death of either 
 party the right of action given by this section shall survive 
 to or against his legal representatives, provided that the 
 identity of the person to whom such liquor is sold be 
 known to the party selling at the time of such sale and 
 delivery. 
 
 60. If the husband, wife, parent, child, brother or Penalty for seii- 
 sister, master, guardian or creditor of any person addicted l"f *p"e«mr^"' 
 to the intemperate use of intoxicating liquors, or any justice 
 of the peace or overseer of the poor residing within the 
 poor district wherein such intemperate person resides, shall 
 give notice in writing to any person engaged in the sale 
 of 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 intoxicating 
 liquors to such intemperate person to be used on the 
 premises, or in any quantity less than ten gallons to be 
 delivered and removed from the premises at one time, and 
 any person knowingly violating the provisions of this 
 section, upon proof of the truth of the statement contained 
 in such notice, shall be liable to a fine of not more than 
 twenty dollars for a first offence, and a fine of not less than 
 twenty dollars nor more than forty dollars and imprisonment 
 for a period of not more than thirty days as the court or 
 justices may direct, for a second or subsequent offence. 
 
 51. In any suit instituted for a breach of the provisions certain state- 
 of this Chapter it shall not be necessary to state in the ^^^ in"°Bum- 
 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 by Defence, 
 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 necessary No ^ particuiare 
 to attach particulars to the summons as in the case of "*'*"'"'^' 
 ordinary civil suits, or to specify the particular kind of 
 
642 LiCEJfSES-'SALE OP Il^TOXlOATlis'G LIQTTORS. [l»AET ti 
 
 Chap. 75. 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, 
 
 troof of eaie 5% In any such suit in case it shall be alleged in the 
 
 nanfed^'ir sum' summons that the sale complained of was made to a person 
 
 mona. 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 not thereby be defeated, but 
 
 the justices shall adjudicate upon the offence so proved aa 
 
 if the same had been alleged in the summons, but in such 
 
 Defendant en- case the defendant upon application shall be entitled to a 
 
 tinuance. Continuance of not more than eight days to make his 
 
 defence, and the prosecutor shall not be obliged again to 
 
 prove his case, although if he choose he may bring 
 
 additional proof in support of the prosecution as well as 
 
 proof to rebut the defence. 
 
 Prisoneranoten- 53. No person imprisoned Under exccution issued upon 
 
 limits. " **" any judgment for a breach of this Chapter shall be entitled 
 
 to gaol limits. 
 
 Limitation of 54i. Prosccutions for offences against this Chapter, or 
 
 suits brought on any appeal bond, shall be commenced 
 
 within six months, and the clerk of the license or any 
 
 '*eai°bond° "''■ P'''vate prosecutor may bring an action on such appeal 
 
 bond without special leave obtained therefor. 
 
 Service of sum- 55_ Jq gase the constable or officer to whom a summons 
 
 p(Bna,what suffl- or subpcena is delivered to be served shall not be able to effect 
 
 "'"'" a personal service it shall be a sufficient service of the 
 
 same to leave it at the dwelling house of the defendant, 
 
 provided'that the officer makes an affidavit that he believes 
 
 that the defendant concealed himself or in any way 
 
 endeavored to escape sei'vice of such summons or subpoena. 
 
 Council shall ap- 5(5_ j^i any municipality in which licenses for the sale 
 
 point member of , ..-',. r J 
 
 temperance or- of intoxicatiflg liquors are not granted it shall be the duty 
 
 Uquors.'™ '° ^* of the council for such municipality to appoint for each 
 township one suitable person, who shall be a member in 
 good .standing of a temperance organization established in 
 the township for which he shall be appointed, and shall 
 hold office only so long as he shall maintain such standing, 
 to be called Agent for the Sale of Alcoholic Liquors, to keep 
 
 Purpose of sale, and Sell such alcohoUc liquors as may be required for 
 medicinal, mechanical, manufacturing and other purposes 
 not inconsistent with the provisions of this Chapter. Such 
 
 mate return.™^ ^o^"* ^^^^^ keep a Hst of the names of persons purchasing 
 liquor, the quality and description purchased by each 
 person, and the purpose to which such liquor is intended to 
 be applied, and shall make a return of the same under oath 
 to the council by which he is appointed during each yeaf 
 
tlTLfi XV.] LICENSES— SALE 01* iNTOXlCATlNG LlQUoRS. 543 
 
 that he shall hold office ; and he shall receive such compen- Chap. 75. 
 sation for his services and shall conform to such regulations compensation. 
 for the procuring and selling of such liquors, and shall also Resruiations. 
 be liable to such penalties for neglect or violation of duty, Penaitus. 
 as the council appointing him shall pi'escribe. No such 
 agent shall have interest in such liquors nor in any profits f^P'^^ .''*™ "" 
 arising from the sale. 
 
 57. It shall be lawful for the chief superintendent of Railway supann- 
 railways or any person authorized by him to seize and *eJLt™'quora'"oa 
 destro}'^ all intoxicating liquors found exposed or intended ™''"'y- 
 
 for sale within the limits of the railway, and for that 
 purpose if necessary upon reasonable ground of suspicion 
 forcibly to enter into any house or building within such 
 limits and to seize and take away all such intoxicating 
 liquors. 
 
 58. No licenses shall be granted to any person who No licenses 
 shall reside or have his place of busiiness within the limits Suwayiinatfi" 
 of the railway, nor to any person who shall reside or have eo'd districts. 
 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 forfeitures 
 incurred by those who sell without license. 
 
 59. In all polling districts in which licenses for thep^ty »' ^s™' 
 sale of intoxicating liquors are not granted it shall be the aioohoUo iiquora 
 dirty of the agent for the sale of alcoholic liquors for the 'Jferk'orikenae?' 
 township 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. 
 
 60. Any justice of the peace who shall sell intoxicating Punishment ot 
 liquors in violation of this Chapter shall on conviction uquor' in ^tioia^ 
 before two justices of the peace, in addition to the «°" °' chapter, 
 penalties prescribed by this Chapter, forfeit his com- 
 mission 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. 
 
 61. No pei'son shall open or keep open any booth, rntoxicating u- 
 
 " • r" r r r ./ qaon not to ba 
 
 shop, tent or place for the sale or, or shall rn any way sold within three 
 expose for sale or sell, any spirituous liquors, wine, sAe,'^^!^^^^^ "^""P 
 porter, cider or other intoxicating beverage within or 
 within three miles of the grounds occupied by any of the 
 
544 LICENSES — SALE OF INTOXICATING LIQUORS. [PART 1. 
 
 Chap. 75. gatherings ■ or assemblies of persons for devotional and 
 other religious exercises called and known by the name of 
 
 Penalty. camp meetings, under a penalty of 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 the peace. 
 
 Arrest and com- 62. Any person violating the provisions of the preceding 
 tendera.' ° "section may be arrested on view by any peace officer and 
 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 gaol of the county or district 
 unless he confess tlie offence and pay the penalty or gi.ve 
 security for his appearance to take his trial at a time 
 named by such justice before any two justices as aforesaid. 
 
 Two preceding 63. The two preceding sections shall not extend to or 
 Iffeot hotels' &c? affect any regularly established or duly licensed hotel, 
 
 tavern or refreshment saloon, existing before the commence- 
 
 ment of such camp meetings. 
 
 What sufficient 64. The recofd in the office of the clerk of license 
 proo icense. ^^laW be Sufficient proof of the holding of a license by any 
 
 person charged with violating any of the provisions of the 
 
 license laws. 
 
 Chapter not to 65. Nothing in this Chapter contained shall apply to 
 Haii£ax.° "^ ° the City of Halifax except where specially mentioned. 
 
 SCHEDULES. 
 
 Municipality of . 
 
 License Office. Tavern License. 
 
 License is hereby granted to , of , in the 
 
 County of , to sell and retail in a tavern, to be kept 
 
 in the house in which he dwells, situate [here describe 
 particularly the situation of the premises,] intoxicating 
 liquors conformably to law. 
 
 This license to remain in force until day of 
 
 next, subject to forfeiture for breach of the law. 
 
 _ Given under my hand as Clerk of the Licenses for the 
 said municipality this daj' of , A. D. 18—. 
 
 A. B., Clerk of the License. 
 
 By order of the municipal council, security having 
 been given as required by law. 
 
TITLE XV.] LICENSES— SALE OE INTOXICATING LIQUORS. 545 
 
 Municipality of . Chap. 75. 
 
 License Office. Shop License. 
 
 License is hereby granted to , of , in the 
 
 County of , to sell in a shop to be kept in the 
 
 building occupied by him, situate [here describe particularly 
 the situation of the premises,] intoxicating liquors in 
 quantities not less than one gallon, no part whereof shall 
 be consumed on the premises. 
 
 This license to remain in force until the day of 
 
 , subject to forfeiture for breach of the law. 
 
 Given under my hand as Clerk of the Licenses for the 
 
 said municipality this day of , A. D. 18 — . 
 
 A. B., Clerk of the Licenses. 
 
 By order of the municipal council, security having been 
 given according to laM^ 
 
 B. 
 Know all men by these presents that we, ■ 
 
 are held and firmly bound unto our Sovereign Lady Queen 
 "Victoria, her heirs and successors, in the sum of two 
 hundred dollars of lawful money of Nova Scotia, to which 
 payment we jointly and severally bind ourselves, our heirs, 
 executors and administrators, by these presents, sealed with 
 
 our seals, and dated the day of , A. D. 18 — . 
 
 Whereas the above bounden has been granted a 
 
 license for the sale by retail of intoxicating liquors in the 
 
 tavern [or in the shop] kept by the said , in . 
 
 Now the condition of this obligation is such that if the 
 
 said shall in all respects conform to the laws in 
 
 force respecting the retail of intoxicating liquors and 
 connected with such license, then this obligation to be void, 
 otherwise to remain in full force and effect. 
 
 Signed, sealed and delivered ) ('Seals "1 
 
 in the presence of . ) S 
 
 C. 
 
 To any of the Constables in the County of : 
 
 You are hereby commanded to summon A. B., of , 
 
 in the County of , to appear before us at , at 
 
 o'clock in the noon of the day of , 
 
 A. D. 18 — , to answer to the suit of C. D., Clerk of the 
 
 License for the County of , [if the suit be brought 
 
 in his name, or as the case m.ay be] for selling intoxicating 
 36 
 
546 LICENSES — SALE OF INTOXICATING LlQUOKS. [PART I. 
 
 Chap. 75. liquors within previous to the issuing hereof, contrary 
 
 to law. 
 
 Witness our hands and seals at , the day 
 
 of , A. D. 18—. 
 
 E. F, J. P. (Seal.) 
 
 G. H., J. P. (Seal.) 
 
 D. 
 
 The within named defendant having been duly sum- 
 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 be, specifying whether it is for 
 the first, second, third or fourth offence, and stating the 
 amount of penalty and costs, or upon default, or upon the 
 oath of G. H., as the case may he, stating the manner of the 
 party's conviction, and the names of the witnesses who may 
 have been examined.] 
 
 Witness our hands this — - day of , A. D. 18 — . 
 
 C. D., J. P. 
 E. F., J. P. 
 
 E. 
 
 Know all men hj 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 
 
 payment we jointly and severally bind ourselves, our heirs, 
 executors and administrators, by these presents, sealed 
 
 with our seals, and dated the day of , A. D. 18 — . 
 
 The condition of the foregoing obligation is such that 
 if the above bounden [lyarty convicted] shall prosecute an 
 appeal from a judgment given against him for a violation 
 
 of the license laws by , a Justice [or Justices] of 
 
 the Peace for the County of , on the day of , 
 
 and shall pay all fines, penalties and costs that may be 
 awarded against him upon the ,final disposition of such 
 
 suit, and also if the said shall not during the 
 
 pendency of such appeal violate any provisions of the laws 
 respecting licenses for the sale of intoxicating liquors, then 
 this obligation to be void, otherwise to remain in full 
 force and virtue. 
 
 Signed, sealed and delivered 
 in the presence of . 
 
 I (Seals.) 
 
TITLE XV.] LICENSES — SALE OF INTOXICATING LIQUOES. 547 
 
 •p. Chap. 75. 
 
 To any of the Constables for the County of : 
 
 Whereas A. B., of was this clay convicted before 
 
 us, the undersigned, two of Her Majesty's Justices of the 
 
 Peace for the County of ■ , of the offence of violating 
 
 the license laws, [here state the offence as in the conviction] 
 these are therefore to command and require you forthwith 
 to levy on the goods and chattels of the said A. B., to be 
 
 found within your precinct,, the sum of dollars for 
 
 penalty and dollars for costs of suit, together with 
 
 constable's fees ; and for want of goods and chattels of the 
 said A. B., we command you that you take the body of the 
 
 said A. B. and him commit unto our jail in , there to 
 
 remain until discharged by due course of law. Whereof 
 fail not, and make due return of this writ with your doings 
 thereon to us within days. 
 
 Witness our hands and seals this day of 
 
 A. D. 18—. 
 
 E. F. (Seal.) 
 
 G. H. (Seal.) 
 
548 preservation of useful birds and animals. [part i, 
 
 Chap. 76. 
 
 TITLE XVI. 
 
 OF CERTAIN BIRDS AND ANIMALS. 
 
 CHAPTER 76. 
 
 OF THE PRESERVATION OF USEFUL BIRDS AND ANIMALS. 
 
 Close season for 1. Hereafter no person shall kill or pursue with intent 
 
 moose an can- ^^ |^j|| ^^^ rnoose or caribou except from the 15th day of 
 
 September until the 31st day of January, both inclusive, in 
 
 any year, nor shall any person expose for sale or have in 
 
 his possession any green moose or caribou skin, or fresh 
 
 moose or caribou meat, or any part of the carcass of a 
 
 moose or caribou killed in this Province, except in the 
 
 months aforesaid and the first five days of February in 
 
 any year. The possession of any green moose or caribou 
 
 skin, or meat, or any part of the carcass of a moose or 
 
 caribou during the close season shall be presumptive 
 
 evidence of such moose or caribou having been illegally 
 
 killed or taken. 
 
 Moose and can- 2. No One person shall during any one year or season 
 
 one' peSon°may kill or take more than two moose and four caribou. 
 
 Huntinspartj'to 3. Any person or party of huntsmen who may kill a 
 
 carry out flesh. j^Qoose Or caribou shall carry the flesh thereof out of the 
 
 woods within ten days after killing the animal, provided 
 
 that moose or caribou killed during the latter part of 
 
 January shall be carried out not later than the fifth day of 
 
 February in the same year. 
 
 Penalty for violas 4. Any person violating any of the foregoing sections- 
 
 seofionsT°''^"'^of this Chapter shall be liable to a penalty of not less than 
 
 thirty nor more than fifty dollars for each off"ence, provided 
 
 however that any person convicted of having in possession' 
 
 or exposing for sale the carcass or any part of the carcass- 
 
 of a moose or caribou, for the killing or taking of which a. 
 
 fine shall have been already inflicted and paid, shall be 
 
 fined on conviction not more than twenty nor less than tea 
 
 dollars for each such offence. 
 
 Forfeited meat 5. It shall be the duty of the prosecutor, commissioner 
 
 poor." *°' "^° °'or warden, or in the absence of every such person, of the 
 
 magistrate or magistrates before whom the prosecution 
 
 takes place, to send moose or caribou meat when seized and 
 
 forfeited under the provisions of this Chapter to the 
 
 overseers of the poor for the district within which th© 
 
TITLE XVI.] PRESERVATION OF USEFUL BIRDS AND ANIMALS. 549 
 
 offence has been committed for the use of the poor, such Chap. 76. 
 
 overseers defraying the expense of transportation. If the 
 
 place in which such meat is situate be too remote from the 
 overseers of the poor for the district for the meat to be 
 transported without too great expense, then the same shall 
 be distributed among the poor of the immediate neighborhood 
 in quantities of not more than twenty pounds to any one 
 family or individual not a member of a family, by such 
 commissioner, warden, prosecutor or magistrate or magis- 
 trates. If such meat cannot be conveniently sent°or 
 distributed as provided by this section, then it shall be the 
 duty of all or any of such officers to destroy the same, 
 under a penalty of twenty dollars for each omission or 
 neglect to do so. The skin and horns shall be forfeited 
 and shall be branded or marked by such officers under a 
 like penalty ; and the same shall be forwarded to the 
 Game and Inland Fishery Protection Society of Nova 
 Scotia, or their agents, to be disposed of as they may think 
 fit. 
 
 6. Whenever any person shall make affidavit before a Proceedings to 
 stipendiary magistrate or justice of the peace, in the formf'e'f™™ame"kiiI 
 in the schedule hereto marked A, that he has reasonable 'pi*'""^ "'"'^ 
 cause to suspect and does suspect that moose or caribou 
 skin or horns, or any portion of the carcass of a moose or 
 caribou, or any of the animals or birds included in the 
 term " game " in this Chapter, or any part of such animals 
 or birds, or the skin of any fur-bearing animal included in 
 the term " game," which have been killed during the close 
 season or otherwise contrarj' to the laws relating to the 
 preservation of useful birds and animals, is or are concealed 
 in or upon the property or the premises of any person or 
 persons, such stipendiary magistrate or justice of the peace 
 may cause a search warrant to be issued in the form in the 
 schedule hereto marked B, commanding the person to 
 whom it is directed to search such .suspected premises or 
 property and to seize and take away any such skin or 
 horns or any portion of the carcass of a moose or caribou 
 found therein, or any such game or parts thereof, or the 
 skin of any fur-bearing animal included in the term 
 " game," and the same, if the party is convicted before a 
 justice or justices of the peace or stipendiary magistrate of 
 the offence of killing or taking the same or any part thereof 
 in the close season or otherwise contrary to the laws 
 relating to the preservation of useful birds and animals, 
 shall forthwith be forfeited, and shall be disposed of as 
 provided in section five of this Chapter with relation to 
 moose or caribou meat and the skin and horns thereof. 
 And if any party in a case where no such warrant shall 
 
550 PRESERVATION OF USEFUL BIRDS AND ANIMALS. [PART I, 
 
 Chap. 76. have been issued shall be convicted before any justice or 
 justices of the peace or stipendiary magistrate of having 
 killed any moose or caribou, or any of the birds or animals 
 included in the term " game," or fur-bearing animal 
 included in the term " game," in the close season or other- 
 wise contrary to the laws relating to the preservation of 
 useful birds and animals, the meat or skin or horns thereof 
 and all such " game " shall forthwith be forfeited and 
 disposed of as provided in said section five. 
 No snares or 7. No pcrson shall Set or attempt to set any snare, or 
 orS'ribou."""'^^ t^S'Pi oi' pi*, for the destruction of moose or caribou, under a 
 penalty of not less than twenty-five nor more than fifty 
 dollars for each offence, and any person finding any such snare 
 or trap may destroy the same. The possession of any such 
 snare or trap shall be presumptive evidence of the attempt 
 of the person in whose possession it is found to set the 
 same for the destruction of moose or caribou. 
 Penalty for hunt- 8. Any pcrson who shall hereafter hunt, or chase, or 
 M?ihou°''^^with kill, or pursue with intent to kill, any moose or caribou with 
 dogs. ^Qgg shall be liable to a fine of twenty-five dollars in 
 
 addition to any penalties to which he may be otherwise 
 liable under this Chapter, 
 
 BEAVERS, H/VEES, ETC. 
 
 Close season for 9. No person shall kill or pursue with intent to kill 
 beavers. ^j, gg^ qj. ^^aintain any trap for any beaver, or shall expose 
 
 for sale or have in his possession any beaver skin or other 
 part of any beaver killed in this Province, save in the 
 months of November, December, January, February and 
 March in any year under a penalty of not less than ten 
 nor more than fifteen dollars for each offence, to be 
 recovered and applied in the manner prescribed by the 
 twenty-first section. 
 Close season tor 10. No person shall kill or pursue with intent to kill 
 hares and rabbits g^j^y hares or rabbits, or shall expose for sale or have in his 
 possession any hares or rabbits, between the first days of 
 March and October in any year. No snares shall be set 
 for hares or rabbits during such period, and all snares shall 
 be taken up during the same. The making, placing,, 
 erecting or maintaining any hedge or other obstruction or 
 structure of a greater length in the whole than fifty feet in 
 connection with or adjoining or between any snare or 
 snares, or the making, placing, erecting or maintaining any 
 such hedge or other obstruction or structure without a 
 clear space of at least one hundred feet intervening between 
 it and any other, shall also be a violation of this section,, 
 and any snare, hedge or other obstruction or structure set, 
 made, placed, erected or maintained contrary to this section 
 
TITLE XVI.] PRESERVATION OF USEFUL BIRDS AND ANIMALS. 551 
 
 may be destroyed by any person finding the same. Any Chap. 76. 
 person violating this section 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. 
 
 11. No person shall take or kill, or pursue with intent close season for 
 to kill, or have in his possession, or set, or maintain any ''"^''^'"* '"''"''• 
 snare or trap for the otter or the mink, between the first 
 
 day of May and the first day of November in any year, 
 and no person shall take, or kill, or pursue with intent as 
 aforesaid emy other animal valuable only for its fur, except 
 the bear, the wolf, the loupeervier, the wild cat, skunk, 
 raccoon, woodchuck, and musquash, and the fox, between 
 the first day of April and the first day of November in any 
 year. The penalty for each offence against this section 
 shall be five dollars. 
 
 12. Any person may catch alive at any season of the Minks may be 
 year anj' number of minks in any box, trap or modification iugpu'rpo'aer^'^" 
 of the same for the purpose of breeding and preserving the 
 
 same. Hereafter minks when caught and kept under the 
 authority of this section shall be considered personal 
 property of a private nature. 
 
 PROVISIONS KESPECTIN6 BIKDS. 
 
 13. No person shall take or kill, or attempt to takeciose season for 
 or kill, any grouse or partridge between the first days oftridse%c. ^""^ 
 January and September in any year, or shall sell, buy, or 
 
 have in his possession any grouse or partridge so taken 
 between such last mentioned days, both inclusive ; and no 
 person shall take or kill, or attempt to take or kill, or have 
 in his possession any woodcock, snipe or teal between the 
 first days of March and August in any year. It shall not 
 be lawful to take or kill, or have in possession, any blue 
 winged duck during the months of April, May, June and 
 July in any year. The possession of any such bird during 
 the close season prescribed in this section in respect of 
 such bird shall be presumptive evidence of such bird 
 having been illegally killed or taken. No person shall kill 
 any woodcock before sunrise or after sunset. 
 
 14 The killina:, taking, or having as aforesaid each Penalties for 
 
 ° 1 1 ■ 11 • 1 J 1 violatinpr preced- 
 
 partridge, grouse, woodcock, snipe, blue wmged duck, or ing section, 
 teal, shall be deemed to constitute a separate offence; and 
 any person violating the next preceding section shall be 
 liable to a penalty of not less than five nor more than ten 
 dollars for each ofl^ence, and an additional penalty of one 
 dollar for each bird so taken or killed after or in addition 
 to the first bird. 
 
552 PRESERVATION OF USEFUL BIRDS AND ANIMALS. [PART I. 
 
 Chap. 76. 15. It shall not be lawful for any person to take or 
 Kiuing of phens- kill within this Province any pheasant, or to buy, sell or 
 ants prohibited, j^g^yg jjj j^jg possession any dead pheasant that has been 
 
 so taken or killed, under a penalty of two dollars for each 
 
 offence. 
 
 Dead pheasants, 16. Any dead pheasant found in the possession of any 
 
 Sence!"^'"^ '" person within this Province, shall be presumed to have 
 
 been taken or killed by such person contrary to this 
 
 Chapter, until proof to the contrary be given by such 
 
 person. 
 
 Kiiung of robins 17. The killing of roMns, swallows, sparrows and other 
 
 p«hibTted. '''"'"small birds, and birds of song, which frequent the fields 
 
 and gardens, and the selling and offering for sale and the 
 
 having in possession such bii-ds when killed, shall hereafter 
 
 be unlawful. 
 
 Not to apply to 18. This Chapter shall not apply to birds killed for 
 6oienti^"^'*pm^ preservation as specimens of natural history ; and any 
 poses. game mentioned in this Chapter may be killed at any time 
 
 for purposes of scientific investigation, a special license 
 setting forth the particular purpose of the enquiry, and 
 signed by the Provincial Secretary or his deputy, having 
 been first obtained for that purpose from the Provincial 
 Secretary's ofiice. 
 
 Trapping, &c„ of 19. The trapping, snaring or otherwise taking alive or 
 i7'^uiiiawfui.°"°° exposing for sale alive of any of the birds mentioned in 
 the seventeenth section, and the destroying of the nests or 
 eggs of such birds, shall hereafter be unlawful ; and any 
 such traps or snares when found may be destroyed, and 
 any such bird if alive shall be set free. 
 
 Penalties for 20. Any pcrsou offending against the seventeenth or 
 
 tions'iT^nd iT nineteenth section shall for each offence forfeit one dollar, 
 
 in addition to ten cents for each bird, to be recovered and 
 
 appropriated in the manner prescribed by the twenty-first 
 
 section. 
 
 PENALTIES. 
 
 Eecovery of pen- 21. All penalties imposed by this Chapter shall be 
 tor randTsposal enforced by summary conviction before a justice of the 
 ot ' peace, and when recovered shall be paid one half to the 
 
 informer and the other half to the commissioner or warden 
 if prosecuting ; but if the prosecutor be any other person 
 than a commissioner or warden, then such other or second 
 half shall be paid by the magistrate or justices or justice 
 trying the case within fifteen days after the recovery 
 thereof to the treasurer of the Game and Inland Fishery 
 Protection Society of Nova Scotia, to be applied to the 
 objects of such society. 
 
TITLE. XVI.] PRESERVATION OF USEFUL BIRDS AND ANIMALS. 558 
 
 _ 22. It shall be the duty of all justices of the peace, Chap. 76. 
 ^stipendiary magistrates constables, policemen and market n^ty of magis- 
 clerks to enforce the provisions of this Chapter, and of any ^"^t?^- *»"•. P'e- 
 other enactment for the preservation of useful birds and'" 
 animals, whenever the infringement thereof comes under 
 their notice, under a penalty of not less than ten dollars 
 for each omission of duty. 
 
 23. In any case where no penalty is or shall be provided Pro^sion where 
 for any offence against this Chapter or any other enactment vide™ ^^"P"' 
 for the preservation of useful birds and animals, the penalty 
 
 shall be not less than five nor more than twenty dollars, 
 to be recovered before a stipendiary magistrate or one 
 justice of the peace, subject to all the provisions of the 
 twenty-first section. 
 
 MISCELLANEOUS PROVISIONS. 
 
 24. There shall continue to be a chief game commis- cuef game oom- 
 sioner for the Province (appointed by the Governor-in- °''''""'°''' 
 Council), who shall be sworn to the faithful performance 
 
 of his duty, and whose duty it shall be to supervise and 
 instruct the district commissioners and the wardens in the 
 discharge of their duties, to assist as far as practicable in 
 the prosecution of offenders, and generally to see that the 
 provisions of the laws for the preservation of useful birds 
 and animals are carried out ; and it shall be lawful for any 
 person to destroy or kill any dogs found hunting, pursuing 
 or chasing any moose or caribou. 
 
 25. There shall continue to be for each district hereto- ^'^'"9' . ?™« 
 fore set apart or hereafter to be set apart for the purpose 
 
 by the Governor-in-Council a commissioner appointed by 
 the Governor-in-Council, who shall make oath for the 
 proper discharge of his duties, and whose duty it shall be 
 to see that the provisions of the law are carried out, and 
 particularly to prosecute all persons offending against it in 
 regard to the preservation of game. It shall also be his 
 duty to assist the officers of the Government of the 
 Dominion of Canada as far as possible in carrying out 
 the laws for the preservation of the inland fisheries of the 
 Province. Such commissioner shall have power to appoint 
 in writing wardens or deputies under him to assist him in 
 the discharge of his duties. 
 
 26. No person not having his domicile in the Province Licenses for non- 
 of Nova Scotia shall be allowed to kill or pursue with son™''^*^ ^^''' 
 intent to kill any of the animals or birds included in the 
 
 term game as defined in this Chapter at any time of the 
 year without having first obtained a license for the purpose, 
 signed by the Provincial Secretary and chief game com- 
 missioner, from the clerk of the municipality in the district 
 
554 PRESERVATION OF USEFUL BIRDS AND ANIMALS. [PART I. 
 
 Chap. 7G. where the same is to be used and have effect, or from the 
 office of the Provincial Secretary at Halifax, and the 
 person issuing such license shall endorse upon such license 
 the date of delivery and number of the district in which 
 the same is so delivered- and is to be used, and sign such 
 endorsement with his name and office in full ; and shall 
 inform the game commissioner for such district where the 
 same is so delivered and to be used of the issue of each 
 and every such license, and such commissioner shall notify 
 his wardens of the fact of such issuing as soon after as 
 possible, under a penalty for omission so to do of ten 
 dollars, to be recovered in the same manner and by the 
 same process as any fine imposed by this Chapter. Every 
 such license shall be in force for one year, from the first 
 day of August or from the day of its delivery as aforesaid 
 till the first day of August next ensuing, and shall be 
 subject to the provisions of this Chapter and of any other 
 enactment for the preservation of useful birds and animals 
 in force in the Province during the time for which such 
 license is granted. The fee to be paid therefor, in the 
 County of Plalifax into the Provincial Secretary's ofiice, 
 and in incorporated counties to the clerk of the munici- 
 pality, shall be thirty dollars for moose and game, and the 
 fee for shooting the birds mentioned in this Chapter 
 ten dollars,, and the fund derived from this source shall be 
 applied as hereinafter mentioned. 
 
 Penalty for yio- 27. Any person violating the next preceding section 
 sect'iOTi,''and ap? shall be liable to a penalty of not less than twenty nor 
 censeTee "^ '' more than fifty dollars for each offence in addition to the 
 license fee and costs of prosecution, to be recovered in the 
 manner prescribed by the twenty-first section of this 
 Chapter, and when recovered the license fee to be paid if 
 issued in the County of Halifax into the Provincial 
 Secretary's office, if issued in the other counties to the 
 clerks of the municipalities, one half of the fine to be paid 
 to the informer and the other half to be paid in the County 
 of Halifax into the Provincial Secretary's office ; and in the 
 other counties to the clerks of the municipalities, to be 
 applied as follows : 
 
 (ii.) The clerk of the municipality shall retain for his 
 services five per centum of the amount recovered or 
 collected by him. 
 
 (h.) The clerk of the municipality shall forward to 
 the Provincial Secretary's office the total balance of moneys 
 received for licenses and fines so collected if any, together 
 with an annual return shewing the number of licenses 
 issued by him if any, and the amount of fines collected or 
 paid into his hands ; such return to be made on or before 
 
TITLE XVI.] PRESERVATION OF USEFUL BIRDS AND ANIMALS. 555 
 
 the thirtj'-first day of January in each and every year Chap, 76. 
 under a penalty for each omission so to do of ten dollars, 
 to be recovered as hereinbefore provided for penalties 
 under this Chapter. 
 
 (c.) Eighty per centum of the amount received in the 
 Provincial Secretary's ofBce for the licenses and fines to be 
 divided equally between the commissioners and wardens of 
 the district in which such licenses may be issued. 
 
 (cZ.) Fifteen per centum to be held by the Provincial 
 Secretary to be applied towards the expenses incurred in 
 carrying out the provisions of this Chapter and of any 
 other enactment for the preservation of game. Should 
 any one holding a license to hunt, issued or to be used in 
 one district, not kill the number of animals allowed by law 
 to be killed or taken by one person in one season, he shall 
 on going to another district make affidavit before the 
 clerk of the municipality that he is yet entitled to kill or 
 take one or more animals ; and the said clerk of the munici- 
 pality shall thereupon endorse upon the license presented 
 to him or annex thereto a statement of the number of 
 animals sworn to, without charge ; and any person holding 
 a license issued or to be used in one^ district and hunting 
 in another without such endorsation shall be held to have 
 hunted without license and be liable to the penalties herein 
 imposed as if he had not had a license to hunt. The 
 money payable under subsection (c) of this section to com- 
 missioners and wardens shall be paid under a warrant 
 signed by the commissioner of the district and countersigned 
 by the chief game commissioner. 
 
 28. The provisions of the two preceding sections shall License fee pay- 
 apply to officers in Her Majesty's service and officers of then. H.'^service.*" 
 army and navy on service in this garrison and station, 
 
 except that the fee to be paid for such license shall be the 
 sum of five dollars, to be paid and appropriated as in the 
 said section is provided. Officers in Her Majesty's service, 
 officers of the army and navy in this garrison and station, 
 being members of the Game and Inland Fishery Protection 
 Society of Nova Scotia, shall be exempt from all liability 
 to take out a license and the payment of any license fee, 
 so long as they shall be members of such society by the 
 payment thereto of the required annual subscription. 
 
 29. Every holder of a license granted under the pro- License to tu 
 visions of this Chapter must produce the same when ^JquSed. 
 required so to do by any justice of the peace, game 
 commissioner or warden, or officer of the Game and Inland 
 Fishery Protection Society. 
 
 30. In the absence of any provision" to the contrary. Definition o£ 
 and if the context does not preclude such construction, the '^''™' 
 
556 PRESERVATION OF USEFUL BIRBS AND ANIMALS. [PART I. 
 
 Chap. 76. following terms shall in this Chapter and in any other 
 
 enactment for the preservation of useful birds and animals 
 
 have respectively the following meanings : — " Game " shall 
 
 mean and include moose, caribou, beaver, hares, rabbits, 
 
 otters, minks and animals valuable only for their fur, 
 
 (except bears, wolves, loupcerviers, wildcats, musquash and 
 
 foxes,) grouse, partridges, woodcock, snipe, blue winged 
 
 duck, and teal. " Close season " shall for each kind or 
 
 species of game mean the season during which the killing, 
 
 pursuing with intent to kill, taking or having in possession 
 
 the same is forbidden. " Each offence " shall mean the 
 
 killing or pursuing with intent to kill, or taking or having 
 
 in possession one animal or bird, or other object, or the 
 
 doing once any act mentioned or forbidden. 
 
 Export of moose 31. The export from this Province of moose or caribou 
 
 proSSS.""^'' hides is hereby prohibited and unlawful, and the hides 
 
 attempted to be exported shall be forfeited, and the owner 
 
 or person attempting to export the same shall on conviction 
 
 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 peace, and 
 
 when recovered to go to the prosecutor. 
 
 Hides about to 32. Any justice of the peace, constable or revenue 
 
 be seized by J.P., officer may seize hides attempted to be exported under 
 
 *°' section thirty-one, and it shall be the duty 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 
 
 secure hides so attempted to be exported, and if the same 
 
 If not claimed, are not claimed and proved to the satisfaction of the justice 
 
 &c., to esod. jgg^JQg ^]jg warrant not to be liable to forfeiture within 
 
 ten days after the seizure they shall be sold at public 
 
 auction. 
 
 Appeal to the 33. If the claimant be dissatisfied with the decision of 
 
 ouny r. ^.^^ justice he may appeal to the County Court, and the 
 
 appeal shall be heard and determined in a summary way 
 
 by any of the judges of such court. 
 
 Bond. 34. The party appealing shall give a bond with 
 
 sufficient sureties in a penalty of fifteen dollars for every 
 
 skin so seized as aforesaid, conditioned for the performance 
 
 of th 3 judgment of the court of appeal. 
 
 Proceeds of sale. 35. The proceeds of the sale under section thirty-two 
 
 shall after deducting the expenses of the sale and justice's 
 
 fees be paid to the informant or officer who seized the hides. 
 
 Prosecutions, 30. All prosccutions Under this Chapter must be besjun 
 
 "WllCIl to bs DP- ^ 
 
 gun. within one year from the date of the offence and not after. 
 
 Moneys deriv- 37. All moneys derivable from the sale of licenses 
 
 ter.'how applied! 'i'^der the laws for the preservation of useful birds and 
 
 animals, and all moneys hereafter paid into the office of 
 
TITLE XVI. J PRESEKVATION OF USEFUL BIRDS AND ANIMALS. 557 
 
 the Provincial Secretary from the same source or under Chap. 76. 
 any of the provisions of this Chapter, shall except as herein 
 otherwise provided be paid out from time to time as 
 occasion may require for the purpose of effectually carrying- 
 out the provisions of this Chapter or any Act for the 
 preservation of useful birds and animals, such moneys to 
 be so paid out when required for the purposes aforesaid 
 upon the order of the president of the Game and Inland 
 Fishery Protection Society, which said order shall be 
 countersigned by the chief game commissioner and concurred 
 in by the Provincial Secretary. 
 
 SCHEDULES. 
 
 [Form A.] 
 
 The information of , of the County of 
 
 -, in the Province of Nova Scotia, (yeoman,) who 
 
 saith that he hath reason to suspect and doth suspect that 
 (insert it whether meat, skin, horns, or birds, or parts 
 thereof) was {or were) (describe the offence as " killed in 
 
 . close season " or " killed by dogs ") in the County of , 
 
 (by some person or persons unknown, or name the person,) 
 and are concealed in or upon the premises or property of 
 
 , in the County of . 
 
 (Here insert the cause of such suspicion.) 
 Wherefore he prays that a search warrant may be 
 granted to search such premises or property for the same. 
 
 Sworn (or affirmed) before me, this 
 
 day of , A. D. 18—, at 
 
 , in the County of . 
 
 W. S., J. P. 
 
 [Form B.] 
 SEARCH WARRANT. 
 
 Canada, 
 County of 
 
 To all or any of the Constables of , in the County 
 
 of . 
 
 "Whereas, , of , in the County 
 
 of , has this day made oath before me, the under- 
 signed, that he hath reason to suspect and does suspect that 
 (describe it whether meat, skins, horns, or birds, or parts 
 
,568 PRESERVATION OF USEFUL BIRDS AND ANIMALS. [PART I. 
 
 Chap. 76. thereof,) was (or were) (describe the offence as " killed in 
 
 (ioose season, " or " killed by dogs '") in the County of , 
 
 (by some -person or persons unknown, or naming the person 
 or persons,) and are concealed in or upon the premises or 
 the property of , in the County of . 
 
 These are therefore to require you, in Her Majesty's 
 name, with proper assistance, diligently to search such 
 property or premises in the day time for the said (describe 
 it whether meat, skins, horns, or birds, or parts thereof.) 
 and if you shall find the same, or any part thereof, you 
 bring the same before me or some other justice of the 
 peace or stipendiary magistrate, to be dealt with according 
 to law. 
 
 Given under my hand and seal, at , in the County 
 
 of , this day of , A. D. 18—. 
 
 W. S., J. P. 
 
TITLE XVIT.J IMMIGRANTS. 559 
 
 Chap. 77. 
 
 TITLE XVII. 
 
 OF IMMIGRATION. 
 
 CHAPTER 77. 
 
 OF IMMIGRANTS. 
 
 1. The Governor has power to appoint an Immigrant Appointment of 
 Agent as occasion may require. The salary of the Tgent'™'^'™' 
 Immigrant Agent shall not exceed eight hundred dollars. Salary. 
 
 He is empowered and his duties shall be to correspond with Duties. 
 the Secretary of the Board of Land and Emigration in 
 London 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 colonics,, and to 
 furnish from time to time such information as may be 
 useful to enable them to -send out emigrants for whom 
 there is likely to be suitable employment in this Province. 
 
 To open a book in which persons wishing to engage To open books. 
 mechanics, laborers and apprentices can enter their names 
 .and addresses. 
 
 To correspond with municipal officers, and keep rto correspond 
 registry of the distribution of immigrants sent into the"'"'^^^^'^''^^''''^ 
 interior. 
 
 To act as the guardian of immigrant orphan children, to to act as guar- 
 
 ■1.-1,1 ,. J L L i. J.1 • n dian of orphans. 
 
 bind them as apprentices, and to protect them in case or 
 necessity. 
 
 To render accounts quarterly to the Provincial Secretary, To render ae- 
 rand to make an annual report of his proceedings for the anT'report^an- 
 information of the Government and the Legislature. nuaiiy. 
 
 To act under such instructions as may be issued by the To act under 
 
 ,y-^ ' r^ .IP i.'ij.. instructions. 
 
 ■Governor-m-Uouncil irom time to time. 
 
 2. The Governor-in-Oouncil may authorize the Immi- <'''™™.o'^ ""^ 
 grant Agent to draw from the treasury such sums as may draw. 
 
 be necessary to temporarily provide for and distribute such 
 immigrants as may be sent into this Province. 
 
 3. Wherever there are tracts of land suitable for commissioner of 
 settlement it shall be lawful for the Commissioner of ii"off lands'^lnd 
 Crown Lands when so instructed by the Governor-in- Slsposaiof Agent 
 Council to lay them off in one hundred acre lots, with 
 convenient roads running through them, and to place them 
 
 at the disposal of the Immigrant Agent for actual settlement 
 .as hereinafter directed. 
 
560 IMMIGRANTS. [PAET L 
 
 Chap. 77. 4. Whenever such lands are required by industrious 
 Surveys, ^immigrants arriving in this Province for actual settlement, 
 S^^'^d^"''™™' surveys shall be made and the applicants put into possession 
 and allowed a credit of three years for the purchase money. 
 Purchase money which, or such portion as Under the circumstances the 
 ro^sl * °" Governor shall think fit to direct, shall be expended under 
 such instructions as the Commissioner of Crown Lands 
 with the approval of the Governor shall appoint, in opening- 
 such roads as may be required for the formation and 
 improvement of the settlement. 
 Agent to be fur- 5. The. Commissioner of Crown Lands shall furnish 
 pilnsfjw. "'"'the Immigrant Agent with plans shewing the district 
 ordered by Government to be set apart for settlers, with its. 
 subdivisions and roads ; a corresponding plan shall be kept 
 in the crown land oflBce. 
 Agent to receive 6. The agent shall receive applications for land for 
 crown'"°"Land3 immigrants and shall refer the same to the Commissioner 
 commMoner.*° ^^ Crowu 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 
 communicated to the Immigrant Agent with proper plans. 
 License of occu- 7. A license of occupation with suitable conditions in 
 pation. ^ form to be approved by the Governor-in-Council shall be 
 
 executed and given by the Immigrant Agent to the 
 When to taice immigrant Settler. The immigrant shall not take possession 
 possession. until his license of occupation has been issued and delivered 
 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 money, 8. Before delivery of the license of occupation a bond 
 how secured. ^^^ warrant shall be taken from the immigrant settler for 
 the purchase money, payable in three years with interest, 
 half in two years from date, the residue in three years, 
 upon which bond credit shall be allowed for work performed 
 on roads in conformity with the instructions. 
 
 When grant 9. Upon the expiration^ of three years if the terms- 
 issued, shall then be complied with and the piarchaae money paid 
 or satisfied, or at an earlier period if the money shall be 
 sooner paid, the settler shall be entitled to apply to the 
 Commissioner of Crown Lands for a grant on the certificate 
 of the Agent. 
 License of occu- 10. The liccnse of occupation or the possession of the 
 Ferabie."" '^°^" immigrant settler or his improvements shall not be trans- 
 ferable or extendable under execution except on the license 
 of the Immigrant Agent under his hand, and any attempted! 
 transfer by act of the party or under execution shall not 
 convey any title or right except with such license ; but on 
 the death of the immigrant settler his inchoate rights shall 
 
TITLE XVII.] IMMIGRATION^. 561 
 
 descend as personal property subject to the unperformed Chap. 77. 
 condition^. 
 
 11. If at the expiration of three years the purchase Forfeiture of u- 
 money shall not be paid in money or in work on roads to''""'"' 
 
 the satisfaction of the Immigrant Agent, or if within the 
 
 three years the property shall be abandoned and left 
 
 derelict, it shall be lawful for the Immigrant Agent, with 
 
 the sanction of the Governor-in-Oouncil previously obtained, 
 
 and after a printed notice posted on the court house and 
 
 on two other public places in the county where the lands 
 
 lie, that the said lands and all rights of the immigrant 
 
 therein shall be forfeited unless cause to the contrary be Mode of proceed- 
 
 shewn at a place and time therein mentioned, not being less*"*'' 
 
 than one month thereafter, to declare in writing under his 
 
 hand the forfeiture of the lot, and the possession 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 and 
 
 refusing or neglecting after notice from the Immigrant 
 
 Agent to remove shall be subject to be proceeded against 
 
 and evicted under the Chapter, " Of Forcible Entry and 
 
 Detainer." 
 
 12. The Immigrant Agent shall record in books kept Licenses record- 
 f or the purpose all licenses of occupation issued by him, 
 
 and open an account with each immigrant settler, and shall 
 in the first week in January in each year make full returns Returns. 
 to the Commissioner of Crown Lands of all licenses of 
 occupation issued by him. 
 
 13. The Governor-in-Council may make regulations oovernor-in-^^ 
 for carrying into effect this Chapter, which, as far as shall make regulations 
 not be inconsistent with the provisions of this Chapter or 
 
 of law, shall have the same force as if herein enacted. 
 
 14. Nothing herein shall be construed to contravene Not^ %o°^?55on 
 or conflict with any legislation of the Parliament of Canada legislation. 
 
 on the subject 6i immigration. 
 
 37 
 
562 provisions respecting corporations. [part t 
 
 Chap. 78. 
 
 TITLE XVIII. 
 
 OF CORPORATIONS AND PARTNERSHIPS. 
 
 CHAPTER 78. 
 
 OF GENERAL PROVISIONS RESPECTING CORPORATIONS. 
 
 Corporations; 1. All corporations shall where no other provision is 
 
 pn°vii?geT" ™'^ specially made be capable in their corporate name to sue 
 and be sued, to prosecute and defend actions, to have a 
 common seal which they may alter at plfsasure, to elect in 
 such manner as they may deem proper all necessary officers, 
 and to fix their compensation and to define their duties, 
 and to make by-laws and regulations not contrary to law 
 nor repugnant to the charter or Act by which any such 
 corporation may be created, for their own government and 
 the due management of their affairs. 
 By-laws, and pro- 2. All Corporations may by their by-laws, where no 
 regelated ther^^ Other provision is specially made, determine the manner of 
 ^y- calling and conducting meetings, the number of members 
 
 which shall constitute a quorum, the number of shares 
 which shall entitle the members to one or more votes, the 
 mode of voting by proxy, the mode of selling shares for 
 the non-payment of instalments and of transferring shares 
 generally, the tenure of office of the several officers, and 
 the purchase, conveyance and sale of their real and personal 
 estate ; and they may annex penalties to their by-laws 
 not exceeding in any case the sum of twenty dollars for 
 any one offence. 
 By-laws, list of 3. "When any charter or act of incorporation shall 
 when.to be resis- direct that the by-laws and list of shareholders, or either 
 t«red. q£ them, shall be registered, no by-law of the incorporation 
 
 shall be in force until a copy thereof, and also, if required 
 by the charter or act of incorpo^'ation, a list of the names 
 of all the members of the corporation, with the amount of, 
 the stock held by each member respectively, certified 
 under the hands of the president and secretary, or, if the 
 company shall not have been organized, under the hands 
 of three at least of the members of the company, of whom 
 one at least shall have been named in the charter or act of 
 incorporation, shall be recorded in the office of the registrar 
 of deeds in such county as may be directed by such act or 
 charter ; and no subsequent by-law, nor any subscription 
 
TITLE; XVIII.] PROVISIONS RESPECTING COEFOEATlONS. 
 
 of additional stock, nor the transfer of any stock or shares Ghap. 78. 
 an the corporation, except by devise or by descent or other 
 ■act of law, shall be effectual, until a certificate thereof 
 under the hands of the president and secretary shall be 
 recorded in the same office ; and in all cases by-laws 
 relating to the real estate of the corporation shall before 
 th«y become effectual be recorded in manner above men- 
 tioned in the office of the registrar of deeds for the county 
 or district in which such i-eal estate may he situate. 
 
 4. The first meeting of every corporation shall unless riwt meeting, 
 otherwise provided in the charter or act of incorporation °^"* ' ■ 
 ■he called by notice signed by any one or more of the 
 persons named in the charter or act of incorporation, and 
 
 setting forth the time, place and purposes of the meeting, 
 and such notice shall, seven days at least before the meeting 
 be delivered to each member, or left at his place of 
 residence, or published in some newspaper of the county 
 where the corporation may be established, or where its 
 principal place of business shall be situate, or if there 
 be no newspaper in the county then in two of the Halifax 
 newspapers. 
 
 5. Whenever by reason of the death, absence or dis- J^«f^'™f^ ^p^?* 
 «,bility of the officei-s of any corporation there shall be no cases. 
 person authorized to call or preside at a meeting thereof, 
 
 any justice of the peace may on a written application of 
 .three or more of the members issue a warrant to any one 
 of such members, directing him to call a meeting of the 
 corporation by giving the notice as required by law ; and 
 the justice may in the same warrant direct such person to 
 preside at such meeting if there shall be no officer present 
 legally authorized to preside thereat. 
 
 6. Such corporation when so assembled may elect Powe«^ of ^co^ 
 officers to fill all vacancies then existing, and may transact assembled. 
 such other business as might by law be transacted at 
 
 regular meetings of the corporation. 
 
 7. Notwithstanding the corporation may hold real shares,^ personal 
 estate, the shares of the stockholders shall be deemed to be '""''" ^■ 
 personal property for all puiposes. 
 
 8 The real estate of the company may be sold under Eeai estate sold 
 
 u. J.1JC ita.i vyoi,«../v, r J -^ „Ji.l,„»a personal pro- 
 
 execution in the same manner as personal estate, and tne pe,.ty. 
 sheriff shall immediately after the sale execute a deed to 
 the purchaser, which shall convey all the estate and 
 interest of the company in the real estate so sold and 
 conveyed. 
 
 9. All Acts or charters of incorporation shall expire Acts^^ to^_expto 
 unless the company thereby established shall go into operation within 
 operation within three years from the passing thereof,' '"^^»"- 
 unless otherwise specially^provided therein. 
 
564 PROVISIONS RESPECTING CORPORATIONS. [PART I. 
 
 Chap. 78. 10. All corporations whose charters after they shall 
 Charter continu-liave gone into Operation shall expire by their own limita- 
 ed three yeara tjon, or shall be annulled by forfeiture or otherwise, shall 
 closing business, nevertheless be continued as bodies corporate for the term 
 of three years after the time when they would have been 
 so dissolved, for the purpose of prosecuting and defending 
 suits by or against them, and of enabling them to settle 
 and close their concerns, to dispose of and convey their 
 property, and to divide their capital stock ; but not for the 
 purpose of continuing the business for which such cor- 
 porations were established. 
 Trustees may H. When the chapter of any corporation shall expire 
 wind% business or be annulled as provided in the preceding section, the 
 ^aral" ""' ""^'^ Supreme Court on application of any creditor of such 
 corporation or of any member, at any time within the 
 three years, may appoint a trustee or trustees to take 
 charge of the estate and effects of the corporation, and to 
 collect the debts and property due and belonging thereto, 
 with power to prosecute and defend suits in the name of 
 the corporation, and to appoint agents under them, and to 
 do all other acts which might be done by such corporation 
 if in being that may be necessary for the final settlement 
 of the unfinished business of the corporation ; and the 
 power of such trustees may be continued beyond the three 
 years and as long as the court shall think necessary. 
 Officers and 12. When anv ofiicer or member of a corporation is 
 
 members, howi. i i n ■ j "i x c j.i_ i_* i: i. • 
 
 sued. liable tor any debts oi the corporation, or tor acts in 
 
 relation to its business, or to contribute for money paid by 
 other officers or members on account of any such debts or 
 acts, he may be sued therefor in the Supreme Court. 
 Liability of indi- 13. No member of any corporation shall be relieved 
 viduai members. fj.^jjjj individual liability for its debts or obligations ; but 
 each member thereof shall be liable as a partner to the 
 same extent as if no corporation existed ; and in case any 
 execution issued on any judgment against the corporation 
 shall be returned unsatisfied the individual real and per- 
 sonal estate of every member of the corporation shall be 
 liable to respond such judgment under execution issued 
 thereon in the same manner as if the same were a private 
 debt due by such member, unless the special Act creating 
 the corporation shall exempt its members from such 
 liability ; and any member who shall be so compelled to 
 pay any moneys on account of the debts of the corporation 
 shall be entitled to credit therefor in the books of the 
 corporation. 
 
 Liability of direc- 14. The directors Or board of managers of. any such 
 so"ai in°Mrtain Corporation, the liability of whose members shall be limited 
 cases. by thg ^(.^ Qj. charter of incorporation, unless otherwise 
 
TITLE XVITI.] PROVISIONS EESPECTING CORPORATIONS. 505 
 
 specially directed therein, shall in all cases be personally Chap. 78. 
 
 liable for any responsibility incurred by them on account 
 
 of the corporation, beyond the amount of the stock 
 subscribed, without the sanction of the company obtained 
 at a meeting thereof held in accordance with the by-laws, 
 unless such larger amount of dealing be specially authorized 
 by the Act or charter of incorporation; but this section 
 shall not extend to insurance companies. 
 
 15. The acts of incorporated companies performed Acta of com- 
 withinthe scope of their charters or Acts creating them^tttout lelf 
 shall be valid, notwithstanding they may not be done under 
 
 or be authenticated by the seal of such corporations. 
 
 16. No corporation shall issue notes or bills for pay- '^'> company to 
 ment of money for the purpose of circulating the same asLTo^/inCanoe" 
 money, or engage in any banking or insurance business .".Sy aSor! 
 unless especially authorized to do so by its Act of '^^^■ 
 incorporation ; and if any corporation not so authorized 
 
 shall ^ issue such bills or notes or shall engage in any 
 banking or insurance business, its charter shall be thereby 
 rendered void. 
 
 17. Wlienever in any Act or charter of incorporation Arbitrations, 
 any disputes, or matters of controversy in which the S°he,e ™"o'*rpora* 
 corporation may be interested, or any damages to which """ " * p""^'^- 
 they may become liable, shall be directed to be settled or 
 ascertained by arbitration, the mode of proceeding on such 
 arbitration unless otherwise prescribed shall be as follows, 
 
 viz., unless both parties shall concur in the appointment of 
 a single arbitrator, each party on the request of the other 
 party shall, by writing under the hand of the parties 
 interested, or on behalf of the corporation under the hand 
 of the president or one of the directors and the secretary, 
 appoint an arbitrator to ■decide the matter in question : and 
 after such appointment shall have been made neither party 
 shall have power to revoke the same without the consent 
 of the other, nor shall the death of any of the parties 
 operate as a revocation thereof ; and if either party shall 
 fail to appoint an arbitrator within fourteen days after 
 service upon him of such written request, a judge of the 
 Supreme Court, at the instance of the party making such 
 request, may appoint an arbitrator to act oa behalf of both 
 parties, who may proceed to hear and determine the 
 matters in question, and his award shall be final. If any 
 arbitrator after his appointment die or become incapable 
 from absence or otherwise, or refuse, or for seven days 
 neglect, to act as arbitrator, the party by whom he was 
 nominated, or a judge of the Supreme Court, may appoint 
 in writing some other person to act in his place ; and if 
 for seven days after such substituted arbitrator shall have 
 
5C6 PROTISIONS EESPECTING eORPOEATIONS. [PART I.' 
 
 Chap. 78i received notice in writing from the other party for thafc 
 purpose he fail to do so, the other arbitrator may proceed 
 to hear and determine the matters in cjuestion. 
 
 Where two arbitrators shall have been appointed they 
 shall before entering upon the matters referred to them 
 appoint by writing under their hands an umpire to decide 
 in case they shall differ, and if the umpire shall die, refuse, 
 or for seven days neglect, to act they shall forthwith 
 appoint another umpire in his place, whose award, together 
 with that of one or both of the arbitrators, shall be final. 
 
 The arbitrators or umpire may call for the production 
 of any documents in the possession or power of either, 
 party which they or he may think necessary for determining 
 the matters referred to them, and may examine the parties 
 and their witnesses on oath, and administer the oaths 
 necessary for that purpose. 
 
 Unless otherwise provided in the Act or charter of 
 incorporation, the costs attending such arbitration shall be 
 paid by such party or by both parties in SBch proportions. 
 as may be directed in the award. 
 
 The submission to any such arbitration may be by rule 
 
 or order of any court. 
 
 Abstract of re- 18. All joiut stock incorporated comj>anies doing 
 
 joirr's^o'Jk"' in- business in this Province by agents or otherwise shall onco 
 
 pamesto^beS^'^ cvery year produce and tile in the Provincial Secretary's 
 
 office an abstract of all their receipts, expenditures, profits 
 
 and losses within the Province ; and when required by the- 
 
 Governor-in-Council such I'ules, by-laws, accounts, and such 
 
 other of their proceedings as shall be specified in such 
 
 requisition. 
 
 Penalty. 19. Any such corporate body refusing or neglecting to 
 
 furnish such abstract or to comply with such requisition 
 shall forfeit a penalty of twenty dollars for every month 
 during which such default shall continue. 
 
 Insurance cor- 20. On or before the last day of February in every 
 
 make' annuarre- year a rctum shall be made into the Provincial Secretary's. 
 
 Frovhicia'i s'^cre- ^^'^^ ^^ *^^ president, agent or manager of every company, 
 
 taty. corporate body or agency doing business as insurers in this 
 
 Province, of the business of insurance upon lives, against 
 
 fire, and upon all marine risks done by them respectively 
 
 between the first day of January and the thirty-first day 
 
 of December preceding such return, both days being 
 
 included, which return shall comprehend the number of 
 
 policies entered iiito, the number of policies renewed, the. 
 
 amount insured, and the premiums paid, and in case of 
 
 insurance against fire, the nature of the property insured, 
 
 whether real or personal, and its situation, whether in the 
 
 City of Halifax or in other parts oi the Province ; in case 
 
TITLE XVIII.] JOINT STOCK COMPANIES. 567 
 
 of marine risks the ports to which the vessels insured Chap. 79. 
 
 belong, where it can be known, and shall also state the 
 
 capital and other security for the payment of losses and 
 where the same is situated ; and in case of marine insurance 
 companies and corporate bodies out of Nova Scotia, whether 
 there is any security or capital within the Province for the 
 payment of losses, and the nature, permanency and amount 
 thereof ; which returns shall be certified to be true by the 
 president, agent or manager of every such company, 
 corporate body or agency respectively; and every such 
 president, agent or manager neglecting to make such 
 return, or knowingly making a false or defective return, . 
 shall forfeit two hundred dollars. 
 
 21. None of the provisions of this Chapter shall apply Provisions of this 
 to companies incorporated under the provisions of Chapter to'''""ompS 
 79, of the Revised Statutes, " Of Joint Stock Companies," ^g"^^,^^^,''^^^^ 
 except in so far as any of the provisions of this Chapter oawe, 
 may be embodied in said Chapter. 
 
 OHAPTEE 79. 
 
 OF. JOINT STOCK COMPANIES. 
 
 1. This Chapter may be cited as the "Nova Scotia Joint Alternative title. 
 Stock Companies' Act." 
 
 2. The following expressions in this Chapter and in interpretation 
 all letters patent and supplementary letters patent issued ''*""'■ 
 under the same, shall have the meaning hereby assigned to • 
 
 them respectively unless there is something in the subject 
 or context repugnant to such construction, that is to say : 
 
 (a.) The expression "the company" means the company 
 so incorporated by letters patent. 
 
 (6.) The expression " the undertaking " means the 
 business of every kind which the company is authorized to 
 carry on. 
 
 (c.) The expression " loan company " means a company 
 chartered for any of the purposes to which the powers of 
 loan companies extend as hereinafter provided. 
 
 (d,) The expression " real estate or land " includes 
 messuages, lands, tenements and hereditaments of any 
 tenure, and all immovable property of every kind. 
 
 (e.) The expression " shareholder " means every sub- 
 scriber to or holder of stock in the company, and includes 
 the personal representatives of the shareholder. 
 
568 JOINT STOCK COMPANIES. [PART I. 
 
 Chap. 79. (/.) The word " manager " includes the cashier and 
 
 secretary. 
 Governor-ir- 3. The Governor-in-Council may by letters patent 
 
 grant ihSr. under the Great Seal of the Province grant a charter to any 
 number of persons not less than five who shall petition 
 therefor, constituting such persons and others who may 
 become shareholders in the company thereby created a 
 body corporate and politic for an}' of the purposes or objects 
 to which the legislative authority of the Parliament of 
 Nova Scotia extends, except the construction and working 
 of railways and loan companies. 
 Conditions of ap- 4. The applicants for such letters patent must give at 
 tereVaten*^' " least One month's previous notice in the Royal Gazette of 
 their intention to apply for the same, stating therein : 
 
 (a.) The proposed corporate name of the company, 
 which shall not be that of any other known company 
 incorporated or iinincorporated, or any name liable to be 
 confounded therewith, or otherwise on public grounds 
 objectionable. 
 
 (6.) The purposes within the purview of this Chapter 
 for which its incorporation is sought. 
 
 (c.) The place within the Province of Nova Scotia 
 which is to be its chief place of business. 
 
 (d.) The intended amount of its capital stock. 
 (e.) The number of shares and amount of each share. 
 (/.) The name in full and the address and calling of 
 each of the applicants, with special mention of the names 
 of not less than three nor more than fifteen of their number 
 who are to be the first or provisional directors of the 
 company, and the major part of whom must be resident in 
 Nova Scotia. 
 Petition for let- 5. At any time not more than one month after the last 
 ters patent. publication of such notice the applicants may petition the 
 Governor through the Provincial Secretary of Nova Scotia 
 for the issue of .such letters patent. 
 
 (a.) Such petition must recite the facts set forth in the 
 notice, and must further state the amount of stock taken 
 by each applicant, and also the amount paid in upon the 
 stock of each applicant, and the manner in vvhich the same 
 has been paid in and is held by the company. Such list of 
 shareholders mu.st be sent in with the petition in duplicate. 
 (h.) The aggregate of the stock so taken must be at 
 least the one half of the total amount of the stock of the 
 company. 
 
 (c.) The aggregate so paid in thereon must be at least 
 ten per cent. 
 
 (d.) Such aggregate must have been paid into the 
 credit of the company or of trustees therefor, and must be 
 
TITLE XVIII.] JOINT STOCK COMPANIES. 569 
 
 standing at such credit in some bank or banks in NovaCHAP. 79. 
 
 Scotia, unless the object of the company is one requiring 
 
 that it should own real estate, in which case any part not 
 
 more than one half of such aggregate may be taken as 
 
 being paid in if bond fide infested in real estate suitable 
 
 to such object, duly held by trustees for the company, and 
 
 being of the required value over and above all incumbrances 
 
 thereon. 
 
 (e.) The petition may ask for the embodying in the 
 letters patent of any provision which under this Chapter 
 might be made by by-law of the company incorporated, 
 and such provision so embodied shall not, unless provision 
 to the contrary be made in the letters patent, be subject to 
 repeal or alteration by by-law. 
 
 6. Before the letters patent are issued the applicants'fi-oo' »' sufs- 
 must establish to the satisfaction of the Provincial Secretary, iWy'stopar "° 
 or of such other officer as may be charged by order of the 
 Governor-in-Council to report thereon, the sufficiency of 
 
 their notice and petition, and the truth and sufficiency of 
 the facts therein set forth, and that the proposed name is 
 not the name of any other known incorporated or 
 unincorporated company ; and to that end the Provincial 
 Secretary or such other officer may take and keep on record 
 any requisite evidence in writing by solemn declaration 
 under the Act of the Parliament of Canada, 37 Victoria, 
 1874, -entitled, " An Act for the Suppression of Voluntary 
 and Extra-judicial Oaths." 
 
 7. The letters patent shall state the objects of the "^""'^"'^ ."' '**■ 
 company to be incorporated thereby, and shall give the 
 
 names of the directors thereof, and shall state the 
 amount of the capital stock of the company, the number of 
 shares into which said capital stock is divided, the number 
 of shares taken or subscribed, and the aggregate amount in 
 cash paid thereon. A duplicate list of shareholders stamped 
 with the seal of the Provincial Secretary's office shall be 
 attached to the letters patent. 
 
 8. The Governor may if he think fit give to the Ktferent^jiame 
 company a corporate name different from that proposed by 
 
 the applicants in their published notice, if the latter is 
 objectionable. 
 
 9. Notice of the granting of such letters patent shall Notice of grant- 
 be forthwith given by the Provincjal Secretary in the Royal Gazette. 
 Boyal Gazette, in the form of schedule A appended to this 
 Chapter, and thereupon from the date of the letters patent 
 
 the persons therein named and their successors shall be a 
 body corporate and politic by the name mentioned therein. 
 
 10. Every company so incorporated may acquire, hold, Powers of com- 
 sell and convey any real estate requisite for the carrying ''*"^" 
 
570 JOINT STOCK COMPANIES.. [PART I. 
 
 Chap. 79. on of the undertaking of such company, and shall forthwith 
 become and be invested with all property and rights, 
 real and personal, theretofore held by or for it under any 
 trust created with a view to its incorporation, and with all- 
 the powers, privileges and imfnunities requisite or incidental 
 to the carrying on of its undertaking, as if it had been 
 incorporated by a special Act of Parliament embodying the 
 provisions 61 this Chapter and of the letters patent. 
 
 Governor may jj jjj gage it should be made to appear to the satis- 
 
 cnan^e name of . p ^ j-h • r^ •^ i i 
 
 company. faction of the (jovernor-in-Council that the name of any 
 
 company (whether given by the original or by supplementary 
 letters patent, or on amalgamation) incorporated under the 
 provisions of this Chapter, is the same as the name of an 
 existing incorporated or unincorporated company, or so 
 similar thereto as to be liable to be confounded therewith, 
 it shall be lawful for the Governor-in-Council to direct the 
 issue of supplementary letters patent, reciting the former 
 letters, and changing the name of the company to some 
 other name, to be set forth in the supplementary letters 
 patent. 
 Company may 1 2. When a Company incorporated under the provisions 
 changed. of this Chapter is desirous of adopting another name, the 
 
 Governor-in-Council, upon being satisfied that the change 
 desired is not for any improper purpose, may direct the 
 issue of supplementary letters patent, reciting the former 
 letters, and changing the name of the company to some 
 other name, to be set forth in the supplementary letters 
 patent. 
 
 uottolaLtl7o. 13. No alteration of its name under the two last 
 ceedings. preceding sections shall aflfect the rights or obligations of 
 
 the company, and all proceedings may be continued or 
 commenced by or against the company by its new name, 
 that might have been continued or commenced by or 
 against the company by its former name. 
 Company may 14^ The companv mav from time to time by a resolution 
 
 nave powers ex- , , i» , i " , , .... i ' « i , 
 
 tended. passed by a vote or at least two thirds in value of the total 
 
 shareholders of the company, at a special general meeting 
 called for the purpose, authorize the directors to apply for 
 supplementary letters patent, extending the powers of the 
 company to such other purposes or objects within the 
 purview of this Chapter, as may be defined in the resolution. 
 
 Supplementary 15. The dircctors may at any time within six months 
 
 letters patent to pi ,1 - 1. « i ,. i... ii 
 
 extend powers, alter the passing 01 any such resolution, petition the 
 
 Governor through the Provincial Secretary for the issue 
 
 of such supplementary letters patent. 
 
 Notice of appii- (2.) The applicants for such supplementary letters 
 
 "* '°° patent must give at least one month's previous notice in 
 
 the Royal Gazette, oi their intention to apply for the same, 
 
TITLE XVIII.] JOINT STOCK COMPANIES. 571: 
 
 statirn; therein the purposes or objects to which it isCHAf. 79. . 
 desired to extend the powers of the company. ~ 
 
 16. Before any such supplementary letters patent are Proof of preiim- 
 issued the applicants must establish to the satisfaction of '"'"■^' '*^'"" < 
 the Provincial Secretary, or of such other officer as may be 
 
 charged by the Governor-in-Council to report thereon, the 
 due passing of the resolution authorizing the application 
 and the sufficiency of their notice and petition, and to that 
 end the Provincial Secretary, or such other officer shall 
 take and keep on record any requisite evidence in writing 
 by solemn declaration under the Act 37 Victoria, 1874, 
 above mentioned, or by oath or affirmation. 
 
 17. Upon due proof so made the Governor-in-Council Governor may 
 may grant supplementarj- letters patent under the GreatSo™'' 
 
 Seal of the Province, extending the powers of the company 
 
 to all or any of the obiects defined in the resolution ; and Notice ot such 
 
 notice thereof shall be forthwith given by the Provincial ^'*"*'"^' 
 
 Secretary in the Royal Gazette, in the form schedule C 
 
 appended to this Chapter ; and thereupon from the date of 
 
 the supplementary letters patent the undertaking of the 
 
 company shall extend to and include the other purposes or 
 
 objects set out in the supplementary letters patent, as fully 
 
 as if such other purposes or objects were mentioned in the 
 
 original letters patent. 
 
 18. The company may by by-law increase to not more Directora may 
 than fifteen, or decrease to not less than three, the number dlore^ei?" 
 
 of its directors, or change the company's chief, place of. 
 business in Nova Scotia; provided that no by-law for 
 either of the said purposes shall be valid or acted upon 
 unless it is sanctioned by a vote of not less than two 
 thirds in value of the shareholders present in person or 
 represented b}' proxy at a general meeting duly called for 
 considering the by-law, nor until a copy of such by-law 
 certified under the seal of the company has been deposited 
 with the Provincial Secretary, and has also been published.; 
 in the Royal Gazette. 
 
 19. The directors of the company may at any time Directors may 
 make a by-law subdividing the existing shares into shares sSar^y ° 
 of a smaller amount. But such by-law shall not come 
 
 into force or operation until ratified by a majority of the 
 shareholders at a general or special meeting regularly called 
 for that purpose. 
 
 20. The directors of the company at any time after Directors may 
 the whole capital stock of the company shall have been ^"oTby hy-C! 
 taken up, and fifty per cent, thereon paid up, but not sooner, 
 
 may make a by-law for increasing the capital stock of 
 the company to any amount which they may consider 
 
572 JOINT STOCK COMPANIES. [PART I. 
 
 Chap. 79. recjuisite, in order to the due carrying out of the objects of 
 
 the company. 
 wTiat the by-law (2.) Such bv-law shall declare the number of the 
 may pr'e'i'eribe."'* s*^i8''^'es of the new stock, and may prescribe the manner in 
 
 which the same shall be allotted, and in default of its so 
 
 doing the control of such allotment shall be held to vest 
 
 absolutely in the directors. 
 Directors may 21. The directors of the company at any time may 
 stock^y by-law! make a by-law for decreasing the capital stock of the 
 
 company to any amount which they may consider sufficient, 
 
 in order to the due carrying out of the undertaking of the 
 
 company and advisable. 
 cnntenta of by- (2.) Such by-law shall declare the number and value 
 
 of the shares of the stock as so decreased, and the allotment 
 
 thereof, or the rule or rules by which the same shall be 
 
 made. 
 By-laws, iiot in 22. But no by-law for increasing or decreasing the 
 ^orceuni ra i- gg^pjj.g^| gj.Qg]j. ^f j.}jg company, or Subdividing the shares, 
 
 shall have any force or effect whatever, until after it shall 
 have been sanctioned by a vote of not less than two thirds 
 in value of all the shareholders of the company, at a 
 general meeting of the company duly called for considering 
 the same, and afterwards confirmed by supplementary 
 letters patent. 
 Liability of (2.) The liability of shareholders to persons who were, 
 
 tob7aaed;ed!'°*at the time of the reduction of the capital, creditors of the 
 company, shall remain as though the capital had not been 
 decreased. 
 Directors may 23. At any time not more than six months after such 
 pfementa°y Tet- sanctioH of such by-law, the directors may petition the 
 ters. Governor through the Provincial Secretarj'- for the issue of 
 
 supplementary letters patent to confirm the same. 
 
 Form of petition. (2.) With such petition they must produce a copy of 
 
 such by-law under the seal of the company and signed by 
 
 the president, vice-president, or secretary, and establish to 
 
 the satisfaction of the Provincial Secretary, or of such 
 
 other officer as may be charged by the Governor-in-Council 
 
 to report thereon, the due passage and sanction of such 
 
 by-law, and the bond fide character and expediency of the 
 
 increase or decrease of capital, or subdivision, of shares 
 
 thereby provided for. 
 
 Provincial Secre- (3.) And to that end the Provincial Secretary, or such 
 
 record.'" '''^^ officer, shall take and keep on record any requisite evidence 
 
 in writing, by solemn declaration, as above mentioned oath 
 
 or affirmation. 
 
 Governor may 24. TJpon due proof SO made, the Governor-in-Council 
 
 fere^pat'ent. '"*" i^ay grant such supplementary letters patent under the 
 
 Great Seal of the Province, and notice thereof shall be 
 
TITLE XVIII.] JOINT STOCK COMPANIES. 573 
 
 forthwith given by the Provincial Secretary in the RoyalCaAV. 79. 
 Gazette, in the form of schedule B appended to this Chapter ; 
 and thereupon from the date of the supplementary letters 
 patent the capital stock, of the company shall be and 
 remain increased or decreased, and the shares shall be 
 subdivided as the case may be, to the amount, in the manner 
 and subject to the conditions set forth by such by-law ; 
 and the whole of the stock as so increased or decreased 
 shall become subject to the provisions of this Chapter in 
 like' manner (so far as may be) as though every part 
 thereof had been or formed part of the stock of the company 
 originally subset ibed. 
 
 25. All powers given to the company bj' the letters Powers to be ex- 
 patent shall be exercised subject to the provisions and tws'chaptir.°"° 
 restrictions contained in this Chapter. 
 
 26. The affairs of the company shall be managed by aNumbcM of 
 board of not less than three nor more than fifteen directors. 
 
 27. The persons named as such in the letters patent Directors named 
 shall be the directors of the company, until replaced by t!J '/er™.""""' 
 others duly appointed in their stead. 
 
 28. No person shall be elected or appointed as a Qualification for 
 director thereafter unle.ss he is a shareholder owning stock " 
 absolutely in his own right and to the amount required by 
 
 the by-laws of the company, and not in arrear in respect 
 of any call thereon ; and the major part of the directors 
 of the company shall at all times be persons resident in 
 Nova Scotia. 
 
 29. Directors of the company shall be elected by the Directors, hov 
 shareholders in general meeting of the company, assembled °'°°'"'' 
 
 at some place within the Province of Nova Scotia, at such 
 times, in such wise, and for such term not exceeding two 
 years, as the letters patent or (in default thereof) the 
 by-laws of the company may prescribe. 
 
 30. In default only of other express provisions in such 
 behalf by the letters patent or by laws of the company : 
 
 (a.) Such election shall take place yearly, all the Kieetion to take 
 members of the board retiring, and (if otherwise qualified) '''''°*""""'"^" 
 being eligible for re-election. 
 
 (h.) Notice of the time and place for holding general Notice of meet- 
 meetings of the company shall be given at least twenty- '"'^ 
 one days previously thereto, in some newspaper published 
 in or as near as may be to the place where the chief office 
 or place of business of the company is situate. 
 
 (c.) At all general meetings of the company each Mode ot voting, 
 shareholder shall be entitled to give one vote for each 
 share then held by him. Such votes may be given in 
 person or by proxy, the holder of any such proxy being 
 himself a shareholder j but no shareholder shall be entitled, 
 
'574 JOINT STOCK COMPAlJlES. [PART 1. 
 
 Chap. 79. either in person or by proxy, to vote at any meeting unless 
 he shall have paid all the calls upon all the shares held by 
 him. All questions proposed for the consideration of the 
 shareholders shall be determined by the majority of votes, 
 the chairman presiding at such meeting having the casting 
 vote in case of an equality of votes. 
 
 Ballot. (d.) Elections of directors shall be by ballot. 
 
 Vaearcies, how {&.) Vacancies occuri'ing in the board of directors may 
 
 '"'^'*- be filled for the unexpired remainder of the term by the 
 
 board from among the qualified shareholders of the company. 
 
 Appointment of (/.) The directors shall frorii time to time elect from 
 
 officers."' ^""^ among them.selves a president, and if they see fit a vice» 
 president, of the company, and ma}' also name all other 
 officers thereof. 
 
 When directors 31. If at any time an election of directors be not made, 
 
 eiected."^'"'"^ Or do not take effect at the proper time, the company shall 
 not be held to be thereby dissolved ; but such election may 
 take place at any general meeting of the company, duly 
 called for that purpose ; and the retiring directors shall 
 continue in office until their successors are elected. 
 
 Powers ofdirec- 32. The directors of the company shall have full 
 ' ■ power in all things to administer the affairs of the 
 
 company, and to make or cause to be made for the company 
 any desci-iption of contract which the company may by law 
 enter into ; and may from time to time make by-laws not 
 contiary to law, nor to the letters patent of the company, 
 nor to this Chapter, to regulate the allotment of stock, the 
 making of calls thereon, the payment thereof, the issue and 
 registration of certificates of stock, the forfeiture of stock 
 for non-payment, the disposal of forfeited stock and of the 
 proceeds thereof, the transfer of stock, the declaration and 
 payment of dividends, the number of the directors, their 
 term of service, the amount of their stock qualification, the 
 appointment, functions, duties and removal of all agents, 
 officers and servants of the company, the security to be 
 given by them to the company, their remuneration, and 
 that (if any) of the directors, the time at which and place 
 where the annual meetings of the company shall be held, 
 the calling of meetings, regular and special, of the board of 
 directors and of the company, the quorum, the requirements 
 as to proxies, and the procedure in all things of such 
 meetings, the imposition and recovery of all penalties and 
 forfeitures admitting of regulation by by-law, and the 
 conduct in all other particulars of the affairs of the 
 company ; and may from time to time repeal, amend, or 
 
 By-iawB,whon In re-enact the same; but every such by-law and every 
 repeal, amendment or re-enactment thereof, unless in the 
 meantime confirmed at a general meeting of the company 
 
•TITLE ivill.] JOINT STOCK COMPANIES. 675 
 
 duly called for that purpose, shall only have force until the Ghap. 79. 
 
 next annual meeting, of the company, and in default of 
 
 confirmation thereat shall at and from that time only cease 
 to have force; provided always that one fourth part in 
 value of the shareholders of the company shall at all times 
 have the right to call a special meeting thereof for the 
 transaction of any business specified in such written 
 requisition and notice as they may issue to that effect ; 
 provided also that no by-law for the issue of, allotment, or 
 sale of any portion of the unissued stock at any greater 
 discount or at any less premium than what has been 
 previously authorized at a general meeting, or for the 
 payment of the president or any director, shall be valid or 
 acted upon until the same has been confirmed at a general 
 meeting. 
 
 33. A copy of any by-law of the company, under their certified copvoj 
 seal and purporting to be signed by any officer of the/l';lrevide^i,'ct 
 company, shall be received as against any shareholder of 
 
 the company as prim d facie evidence of such by-law, in all 
 courts in Nova Scotia. 
 
 34. The company shall cause a book or books to be Books of the 
 kept by the secretary, or by some other officer especially ™'"P*"y- 
 charged with that duty, wherein shall be kept recorded : 
 
 (a.) A copy of the letters patent incorporating the 
 company, and of any supplementary letteis patent, and of 
 all by-laws thereof. 
 
 (6.) The names alphabetically arranged of all persons 
 who are or have been shareholders. 
 
 (c ) The address and calling of every such person, while 
 such shareholder. 
 
 {d.) The number of shares of stock held by each 
 shareholder. 
 
 (e.) The amounts paid in and remaining unpaid, 
 respectively, on the stock of each shareholder. 
 
 (/.) The names, addresses, and calling of all persons 
 who are or have been directors of the company, with the 
 several dates at which each became or ceased to be such 
 director, 
 
 {g.) A book called the Register of Transfers shall be 
 provided, and in such book shall be entered the particulars 
 of every transfer of shares in the capital of the company. 
 
 35. Such books shall, during reasonable business Books to be open 
 hours of every day except Sundays and holidays, be kept '^ '''°''""°°- 
 open for the inspection of shareholders and creditors of the 
 company and their personal representatives, at the office or 
 
 chief place of business of the company; and every such 
 shareholder, creditor, or representative may make extracts 
 therefrom. 
 
576 JOINT STOCK COMPANIES. [PART I. 
 
 Chap. 79. 36. Every company neglecting to keep such book or 
 Effect of neglect books as aforesaid shall forfeit its corporate rights. 
 
 to keep books. 
 
 Books to be 37. Such books shall be primd facie evidence of all 
 
 dence'!'^""'' °"'f^cts purporting to be thereby stated, in any suit or 
 
 proceeding against the company, or against any shareholder. 
 
 Penalty (or faUo 38. Everv director, officer, or servant of the company 
 
 ''""^•^' who knowingly makes or assists to make any untrue entry 
 
 in any such book, or who refuses or wilfully neglects to 
 
 make any proper entry therein, or to exhibit the same, or 
 
 to allow the same to be inspected and extracts to be taken 
 
 therefrom, is guilty of a misdemeanor, and shall also be 
 
 liable in damages for all loss or injur3' which any person 
 
 interested may have sustained thereby. 
 
 Stock to be per- 39. The stock of the company shall be deemed personal 
 
 Bonai P^P^'y- ef^tate, and shall be transmissible as such, and shall be 
 
 transferable in such manner only, and subject to all such 
 
 conditions and restrictions, as by this Chapter, or by the 
 
 letters patent, or by by-laws of the company, are or shall 
 
 be prescribed. 
 
 Directors may 40. If the letters patent or the supplementary letters 
 
 patent make no other definite provision, the stock of the 
 
 company, or any increased amount thereof, so far as it is 
 
 not allotted thereby, shall be allotted when and as the 
 
 directors by by-law may ordain. 
 
 What shall be a 41. No transfer of shares, unless made by sale under 
 
 Bhares!"""''" "'execution, or under the decree, order or judgment of some 
 
 competent court in that behalf, shall be valid for any 
 
 purpose whatever, save only as exhibiting the i-ights of the 
 
 parties thereto towards each other, and as rendering the 
 
 transferee liable, ad interim, jointly and severally with the 
 
 transferor, to the company and their creditors, until the 
 
 entry thereof has been duly made in such book as aforesaid; 
 
 Directors liable 42. No transfer of shares whereof the whole amount 
 
 fared 'I'd '^certahi ^as not been paid up shall be made without the consent of 
 
 oases. the directors, and whenever any transfer of shares not fully 
 
 paid in has been made with such consent to a person being 
 
 apparently of insufficient means to fully pay up such shares, 
 
 the directors, jointly and severally, shall be liable to the 
 
 creditors of the company in the same manner and to the 
 
 same extent as the transferring shareholder but for the 
 
 transfer would have been ; but if any director present 
 
 when any such transfer is allowed do forthwith, or if any 
 
 director then absent do within twenty-four hours after he 
 
 shall have become aware thereof and able to do so, enter 
 
 on the minute book of the board of directors his protest 
 
 against the same, and do within eight days thereafter 
 
 publish such protest in at least one newspaper published at 
 
 or as near as possible to the office or chief place of business 
 
.TITLE XVIII.J JOINT STOCK COMPANIES. 577 
 
 of the companj', isuch director mav thereby, and not Chap. 79. 
 otherwise, exonerate himself from such liability. 
 
 43. No share shall be transferable until all previous stock, when not 
 calls thereon have been fully paid in. tranatorabie. 
 
 44. The directors may decline to register any transfer Direotora may 
 of shares belonging to any member who is indebted to ter tr"a„rfer"*^'" 
 the company. 
 
 45. Whenever the interest in any share or shares of the Adjudication of 
 capital stock of the company shall betransmitted by the death and'lihares.*"^^' 
 of any shareholder or otherwise, or whenever the ownership 
 
 of or legal right of possession in any such share or shares 
 shall change by any lawful means other than by transfer 
 according to the provisions of this Chapter, and the 
 directors or company shall entertain reasonable doubts as 
 to the legality of any claim to and upon such share or 
 shares of stocJJ, then and in such case it shall be lawful for 
 the company to make and file in one of the superior courts 
 of law or equity in the Province a declaration and petition 
 in writing, addressed to the justice or justices of the court, 
 setting forth the facts and the number of shares previously 
 belonging to the party in whose name such shares stand in 
 the books of the company, and praying for an order or 
 judgment adjudicating and awarding said shares to the 
 party or parties legally entitled to the same, and by which 
 order or judgment the company shall be guided and held 
 fully harmless and indemnified and released from all and 
 every other claim for the said shares or arising therefrom. 
 Provided always that notice of such petition shall be given 
 to the party claiming such share or shares, or to the 
 attorney of such party duly authorized for the purpose, 
 who shall upon the filing of such petition establish his 
 light to the several shares referred to in such petition, 
 and the delays to plead and all other proceedings in such 
 cases shall be the same as those observed in analogous 
 ca.ses before the said superior courts. Provided also that 
 the costs and expenses of procuring such order and 
 adjudication shall be paid by the party or parties to whom 
 the said shares shall be declared lawfully to belong, and 
 such shares shall not be transferred until such costs and 
 expenses be paid, saving the recourse of such party against 
 any party contesting his right. 
 
 46. Any transfer of the share or other interest of a Tmnsfer of stock 
 deceased member made by his personal representative shall, member.'^ 
 notwithstanding such personal representative may not 
 
 himself be a member, be of the same validity as if he had 
 been a member at the time of his execution of the 
 instrument of transfer. 
 38 
 
578 JOIKT STOCK COMPANIES. [PART X. 
 
 Chap. 79. 47. Each shareholder until the whole amount of his 
 Shareholder Ha- shares has been paid up shall be individually liable to the 
 not '"Ja"™"™' creditors of the company to an amount equal to that not 
 paid up thereon, but shall not be liable to an action therefor 
 by any creditor before an execution against the company 
 has been returned unsatisfied in whole or in part, and the 
 amount due on such execution, not exceeding the amount 
 unpaid on his shares as aforesaid, shall be the amount 
 recoverable with costs against such shareholder, and any 
 amount so recoverable being paid by the shareholder shall 
 be taken as paid on his shares. 
 Not liable for 48. The shareholders of the company shall not as 
 S^ount'^uDpaid. such bs held responsible for any act, default or liability 
 whatsoever of the company, or for any engagement, 
 claim, payment, loss, injury, transaction, matter or thing 
 whatsoever, relating to or connected with the company, 
 bej'ond tlte amount unpaid on their respective shares in 
 the capital stock thereof, subject to the provisions of the 
 next preceding section. 
 Liability of per- 49. No person holding stock in the company as an 
 stock^rn'^truBt. exccutor, administrator, tutor, curator, guardian, or trustee 
 shall be personally subject to liability as a shareholder ; 
 but the estates and funds in the hands of such person shall 
 be liable in like manner and to the same extent as the 
 testator or intestate, or the minor ward, or interdicted 
 person, or the person interested in such trust fund would 
 be if living and competent to act, and holding such stock 
 in his own name ; and no person holding such stock as 
 collateral security shall be personally subject to such 
 liability ; but the person pledging such stock shall be 
 considered as holding the same, and shall be liable as a 
 shareholder accordingly. 
 
 Personal repre- 50. Every such executor, administrator, curator, guar- 
 
 Tote!'*'™^ ""''dian, or trustee shall represent the stock in his hands at 
 
 all meetings of the company, and may vote accordingly as 
 
 a shareholder ; and every person who pledges his stock 
 
 may nevertheless represent the same at all such meetings 
 
 and may vote accordingly as a shareholder. 
 
 Company not 51. The Company shall not be bound to see to the 
 
 exeou'tiOTofan? execution of any trust, whether express or implied or 
 
 trust. constructive, in respect of any share, and the receipt of the 
 
 shareholder in whose name the same may stand in the 
 
 books of the company shall be a valid and binding 
 
 discharge to the company for any dividend or money 
 
 payable in respect of such share, and whether or not notice 
 
 of such trust has been given to the company ; and the 
 
 company shall not be bound to see to the application of ' 
 
 the monej' paid upon such receipt. 
 
TITLE XVIII.] JOINT STOCK COMPANIES. 57D 
 
 o2. The directors may from time to time make such Chap. 79. 
 calls upon the members in respect of all moneys unpaid Directors ^ 
 upon their respective shares, as they shall think fit, at such ""^^^ '^"■i''- 
 times and places and in such payments or instalments as 
 the letters patent, or this Chapter, or the by-laws of the 
 company, may require or allows. 
 
 53. A call shall be deemed to have been made at the when oaiis 
 time when a resolution of the directors authorizing suchma™?'^ '" ^ 
 call was passed : and if a shareholder fails to pay any call 
 
 due from him before or on the day appointed for the 
 payment thereof, he shall be liable to pay interest for the 
 same at the rate of six per cent, per annum from the day 
 appointed for payment to the time of actual payment 
 thereof. 
 
 54. The directors may if they think fit receive from Directora may 
 any member willing to advance the same, all or any part fn°''I^vancron 
 of the amounts due on the shares held by such member ?^*J,*J'^t''J'^^^^'°^ 
 beyond the sums then actually called for, and upon moneys 
 
 so paid in advance, or so much thereof as shall from time 
 to time exceed the amount of the calls then made upon the 
 shares in respect of which such advance shall be made, the 
 company may pay interest at such rate not exceeding eight 
 per cent, per annum as the members paying such sum in 
 advance and the directors shall agree upon. 
 
 55. If after such demand or notice as by the letters Directors may 
 
 ,,111 I? ii 1 'IT tleclaire stock for- 
 
 patent or by by-laws or the company may be prescribed, feited. 
 any call made upon any share or shares be not paid within 
 such time as by such letters patent or by-laws may be 
 limited in that behalf, the directors in their discretion, by 
 vote to that effect duly recorded in their minutes, may 
 summarily declare forfeited any shares whereon such 
 payment is not made, and the same shall thereupon become 
 the property of the company, and may be disposed of as, 
 by the by-laws of the company or otherwise, they may 
 ordain ; but notwithstanding such forfeiture the holder of 
 such shares at the time of forfeiture shall continue liable 
 to the then creditors of the company for the full amount 
 unpaid on such shares at the time of forfeiture, less any 
 sums which may have been subsequently received by the 
 company in respect thereof, 
 
 56. The company may, if they see fit, instead of Directors may. 
 declaring forfeited any share or shares, enforce payment of o" "a'ita.'"'^"^'" 
 all calls and interest thereon by action in any competent 
 
 court ; and in any such action it shall not be necessary to 
 set forth the special matter, but it shall be sufl[icient to 
 declare that the defendant is a holder of one share or 
 more, stating the number of shares, and is indebted in the 
 sum of money to which the calls in arrear amount in 
 
580 JOINT STOCK COMPANIES. [PAET I. 
 
 Chap. 79. respect of one call or more upon one share or more, stating 
 the number of calls and the amount of each, whereby an 
 action hath accrued to the company under this Chapter ; 
 and a certificate under their seal and purporting to be 
 signed by any officer of the company, to the effect that 
 the defendant is a shareholder, that such call or calls has 
 or have been made, and that so much is due by him and 
 unpaid thereon, shall be received as against the defendant 
 in all courts as prim d facie evidence to that effect. 
 
 Directors indem- 57. Every director of the company, and his heirs, 
 
 nifiedinsuitB,<Scc, , i i''li_ t ^ l li^i 
 
 executors, and administrators, and estate and effects, 
 respectively, may, with the consent of the company, given 
 at any general meeting thereof, from time to time and at 
 all times, be indemnified and saved harmless out of the 
 funds of the company, from and against all costs, charges 
 and expenses whatsoever, which he shall or may sustain 
 or incur in or about any action, suit or proceeding which 
 shall be brought, commenced or prosecuted against him for 
 or in respect of any act, deed, matter or thing whatsoever 
 made, done or permitted by him, in or about the execution 
 of the duties of his office ; and also from and ajjrainst all 
 other costs, charges and expenses which he shall sustain or 
 incur, in or about or in relation to the affairs thereof, except 
 such costs, charges or expenses . as shall be occasioned by 
 his own wilful neglect or default. 
 
 Dividend not to 58. The Company shall not make any dividend whereby 
 impair capital. ^}jg|j. capital will bc in any degree reduced. 
 
 Debts to com- 59. The directors may deduct from the dividends 
 deducteT'^ ""payable to any member all such sum or sums of money as 
 
 may be due from him to the company, on account of calls 
 
 or otherwise. 
 
 Liabiiity of 60. If the directors of the company declare and pay 
 
 fng'dwdendf^^^y dividend when the company is insolvent, or any 
 dividend the payment of which renders the company 
 insolvent or diminishes the capital stock thereof,, they 
 shall be jointly and severally liable, as well to the company 
 as to the individual shareholders and creditors thereof, for 
 all the debts of the company then existing and for all 
 thereafter contracted during their 'continuance in office, 
 respectively ; but if any director present when such 
 dividend is declared do forthwith, or if any director then 
 absent do within twenty-four hours after he shall have 
 become aware thereof and able so to do, enter on the 
 minutes of the board of directors his protest against the 
 same, and within eight days thereafter publish such protest 
 in at least one newspaper published at or as near as may. 
 be possible to the office or chief place of business of the 
 
TITLE XVIII.] JOINT STOCK COMPANIES. ^81 
 
 company, such director may thereby and not otherwise Chap. 79. 
 exonerate himself from such liability. 
 
 6I_. The company shall at all times have an office in offices and 
 the city or town in which their chief place of business ^irv™i„°'Nra 
 shall be, which shall be the legal domicile of the company 8^°"*- 
 in Nova Scotia; and notice of the situation of that office, 
 and of any change therein, shall be advertised in the Royal 
 irazette, and they may establish such other offices and 
 agencies elsewhere in the Province of Nova Scotia as they 
 may deem expedient. 
 
 62. Any summons, notice, order, or other process, or service ©f pro- 
 document, required to be served upon the company, may bep?„y. '"' ™'"" 
 served by leaving the same at the said office in the city or 
 
 town in which their chief place of business may be, with 
 any grown person in the employ of the company, or on the 
 president or secretary of the company, or by leaving the 
 same at the domicile" of either of them, or with any grown 
 person of his family or in his employ ; or if the company 
 have no known office or chief- place "of business, and have 
 no president or secretary, then the court may order such 
 publication a« it may deem requisite to be made in the - 
 premises, and such publication shall be held to be due 
 service upon the company. 
 
 63. Notice requiring to be served by the company serrfee of notice 
 upon the members, may bei served either personally or by"" '"^'°^^™' 
 sending them through the post, in registered Tetters, 
 addressed to the members at their places of abode as 
 appearing in the books of the company. 
 
 64. A notice or other document served by post by the Service of notice 
 company on a member, shall be taken as served at the^'^'P"*' 
 time when the registered letter containing it would be 
 delivered in the ordinary course of post; to prove the fact 
 
 and time of service it shall be sufficient to prove that such 
 letter was properly addressed and registered, and was put 
 into the post office, and the time when it was put in, and 
 the time requisite for its delivery in the ordinary course of 
 post. ' 
 
 65. Any summons, notice, order, or proceeding requiring Common seaidiB- 
 authentication by the company, may be signed by any clnain cases. '° 
 •director, manager, or other authorized officer of the 
 company, and need not be under the common seal of the 
 company ; and the same may be in writing or in print, or 
 
 partly in writing and partly in print. 
 
 60. Every deed which any person, lawfully empowered Acts of oom- 
 5n that behalf by the company as their attorney, signs on vaud.^ *' "'"^'^ 
 behalf of the company, and seals with his seal, shall be 
 binding on the company, and have the same effect as if it 
 was under the common seal of the company. 
 
582 JOINT STOCK COMPANIES. [PART I. 
 
 Chap. 79. 67. Every contract, agreement, engagement or bargain 
 Contracts, &c.,.made, and every bill of exchange drawn, accepted, or 
 "„'J^"^"'^'''S°" endorsed, and every promissory note and cheque made, 
 drawn, or endorsed, on behalf of the company, by any 
 agent, officer or servant of the company, in general 
 accordance with his powers as such under the by-laws of 
 the company, shall be binding upon the company ; and in 
 no case shall it be necessary to have the seal of the company 
 affixed to any such contract, agreement, engagement,, 
 bargain, bill of exchange, promissory note, or cheque, or to- 
 prove that the same was made, drawn, accepted, or endorsed, 
 as the case may be, in pursuance of any b5'-law, or special 
 vote, or order; nor shall the party so acting as agent, officer, 
 or servant in the company, be thereby subjected individually 
 to any liability whatsoever to any third party therefor. 
 Provided always that nothing in this Chapter shall be 
 construed to authorize the company to issue any note 
 payable to the bearer thereof, or any promissory note 
 intended to be circulated as money, or as the note of a 
 bank, or to engage in the business of banking or insurance. 
 No loan by com- 68. No loan shall be made by the company to any 
 hoidera" "''''"" shareholder, and if such be made all directors and other 
 officers of the compan}' making the same, or in anywise 
 assenting thereto, shall be jointly and severally liable to 
 the amount of such loan, with interest, to the company, 
 and also to the creditors of the company for all debts of the 
 company then existing, or contracted, between the time of 
 the making of such loan and that of the repayment 
 thereof. 
 Liability of direc- 69. The dircctors of the company shall be jointly and 
 or wages. ggyg],g^j|y liable to the clerks, laborers, servants, and appren- 
 tices thereof, for all debts not exceeding six months' wages 
 due for service performed for the company whilst they are 
 Limitation of such directors respectively; but no director shall be liable 
 actions. ^^ ^^ action therefor, unless the company has been sued 
 
 therefor within one year after the debt became due, nor 
 yet unless such director is sued therefor within one year 
 from the time when he ceased to be such director, nor yet 
 before an execution against the company has been returned 
 unsatisfied in whole or in part ; and the amount due on 
 such execution shall be the amount recoverable with costs 
 against the directors. 
 Action between 70. Any description of action may be prosecuted and 
 shareholders.^" maintained between the company and any shareholder 
 thereof, and no shareholder shall by reason of being a 
 shareholder be incompetent as a witness therein. 
 In action, how 7l. In any action or other legal proceeding it shall not 
 forthf °"^* "*" °° be necessary to set forth the mode of incorporation of the 
 company, otherwise than by mention af it under its corporata 
 
TITLE XYHI.] JOINT STOCK COMPANIES. 583 
 
 name, as incorporated by virtue of letters patent, or of Chap. 79. 
 letters patent and supplementary letters patent, as the case 
 may be. under this Chapter ; and the notice in the Royal 
 Gazette of the issue of such letters patent shall be frirad 
 facie proof of all things thereby declared ; and on production 
 of the letters patent or supplementary letters patent 
 themselves, or of any exemplification or copy thereof under 
 the Great Seal of the Province, the fact of such notice shall 
 be presumed ; and save only in any proceeding by scire 
 facias or otherwise for direct impeachment thereof, the 
 letters patent or supplementary letters patent themselves, 
 or any exemplification or copy thereof under the Great 
 Seal, shall be conclusive proof of every matter and thing 
 therein set forth. 
 
 72. The charter of the company shall be forfeited by Forfeiture of 
 non-user during three consecutive years at any one time, ^er'" '" ™°" 
 or if the companj' do not go into actual operation within 
 
 three years after it is granted, and no declaration of such 
 forfeiture by any Act of Parliament shall be deemed an 
 infringement of such charter. 
 
 73. The company shall be subject to such further and company subject 
 other provisions as the Legislature may hereafter deem uon"*"'* '"b*''*- 
 expedient. 
 
 74. The Governor-in-Oouncil under this Chapter may Fees on letters 
 designate the department or departments through which ed,™o. "^"* 
 the issue of letters patent shall take place, and may 
 prescribe the forms of proceeding and record in respect 
 thereof, and all other matters requisite for carrying out the 
 
 object of this Chapter. 
 
 (1.) All companies whose capital stock shall be less 
 than ten thousand dollars, the fee- shall be twenty dollars. 
 Between ten thousand dollars and fifty thousand dollars, 
 the fee shall be thirty dollars. Between fifty thousand 
 dollars and one hundred thousand dollars, the fee shall be 
 forty dollars. Between one hundred thousand dollars and 
 two hundred and fifty thousand dollars, the fee shall be 
 fifty dollars. Between two hundred and fifty thousand 
 dollars and five hundred thousand dollars, the fee shall be 
 sixty dollars. Over five hundred thousand dollars, the fee 
 shall be seventy dollars. 
 
 (2.) No steps shall be taken in any department 
 towards the issue of any letters patent or supplementary 
 letters patent under this Chapter, until after the amount of 
 all fees therefor shall have been duly paid. 
 
 75. Proof of any matter which may be necessary to Proot, how to be 
 be made under this Chapter, may be made by solemn '"*^°' *°' 
 declaration under the Act, 37th Victoria, 1S74, Statutes of 
 Canada, or by affidavit before any justice of the peace, or 
 
584 JOINT STOCK COMPANIES. [PART I. 
 
 Chap. 79. any commissioner for taking affidavits to be used in any 
 ' of the courts in any of the Provinces of the Dominion, or 
 
 any notary public, who are hereby authorized and 
 empowered to administer oaths and receive affidavits and 
 declarations for that purpose. 
 Provisions, when 76. The provisions of this Chapter relating to matters 
 rjony. prg]jjjjjnary to the issue of the letters patent or supple- 
 mentary letters patent, shall be deemed directory only; and 
 no letters patent or supplementary letters patent issued 
 under this Chapter shall be held void or voidable on 
 account of any irregularity in any notice prescribed by 
 this Chapter, or on account of the insufficiency or absence 
 of any such notice prescribed by this Chapter, or on 
 account of the insufficiency or absence of any such notice, 
 or on account of any irregularity in respect of any matter 
 preliminary to the issue of the letters patent or supple- 
 mentary letters patent. 
 Name of com- 77. The conifiany shall paint or affix, and shall keep 
 ™rd°iiraHed," painted, or affixed, its name with the word "limited" after 
 or ^aHixed'"*on '^'^^ name, on the outside of every office or place of business 
 place of business, of the companv, in a conspicuous position, in letters easily 
 
 and to appear on , . , , i i " 1 1 i . ■ i i • i t p 
 
 all documents, legible, and shall have its name with the said word alter 
 it engraven in legible characters on its seal, and shall have 
 its name with the said word after it mentioned in legible 
 characters in all notices, advertisements and other official 
 publications of the company, and in all bills of exchange, 
 promissory notes, endorsements, cheques, and orders for 
 money or goods, purporting to be signed by or on behalf 
 of such company, and in all bills of parcels, invoices, and 
 receipts of the company. 
 
 Penalty for con- 78. If the Company does not affix or paint, and keep 
 vioralsecHjn!'™ P^i'^'^fid or affixed its name and the word "limited" after 
 it in manner directed by this Chapter, it shall be liable to 
 a penalty of twenty dollars for not so painting or affixing 
 its name, and to a penalty of twenty dollars per day for 
 every day during which such name is not so kept painted 
 or affixed ; and every director and manager of the company 
 who shall knowingly and wilfully authorize- or permit such 
 default shall be liable to the like penalties, and if any 
 director, manager or officer of the company, or any person 
 on its behalf, uses or authorizes the use of any seal 
 purporting to be a seal of the company whereon its name 
 with the said word "limited" after it is not so engraven 
 as aforesaid, or issues or authorizes the issue of any notice, 
 advertisement, or other official publication of such company, 
 or signs or authorizes to be signed on behalf of such 
 company any bill of exchange, promissory note, endorse- 
 ment, cheque, order for money or goods, or issues or 
 
TITLE XVIII.] JOINT STOCK COMPANIES. 585 
 
 authorizes to be issued any bill of parcels, invoice, or Chap. 79. 
 receipt of the company, wherein its name with the said 
 word after it is not mentioned in manner aforesaid, he 
 shall be liable to a penalty of two hundred dollars, and 
 shall further be personally liable to the holder of any such 
 bill of exchange, promissory note, cheque, or order for 
 money or goods for the amount thereof, unless the same is 
 duly paid by the company. 
 
 79. Any company for purposes or objects within the Existing com- 
 purview of this Chapter, heretofore incorJDorated, whether CchaSs.^'"'^ 
 under a special or general Act, and now being a subsisting 
 
 and valid corporation, may apply for letters patent under 
 this Chapter, and the Governor-in-Council, upon proof that 
 notice of the application has been inserted four weeks in 
 the Royal Gazette, may direct the issue of letters patent 
 incorporating the shareholders of the said company as a 
 company under this Chapter, and thereupon all the rights 
 or obligations of the former company shall be transferred 
 to the new company that might have been continued or 
 commenced by or against the old company ; and it shall 
 not be necessary in any such letters patent to set out the 
 names of the shareholders ; and after the issue of the 
 letters patent the company shall be governed in all 
 respects by the provisions of this Chapter, except that the 
 liability of the shareholders to creditors of the old company 
 shall remain as at the time of the issue of the letters 
 patent. 
 
 80. Where a subsisting companv applies for the issue May apply for 
 
 - V ■ /-,! ", ,1 n • charter with ex- 
 
 of letters patent under this Chapter, the bovernor-in- tra powers. 
 Council may by the letters patent extend the powers of 
 the company to such other objects within the purview of 
 this Chapter as the applicants may desire, and as the 
 Governor-in-Council may think fit to include in the letters 
 patent, and which have been mentioned in the notice of 
 the application for the same in the Royal Gazette, and 
 may by the said letters patent name the first directors of 
 the new company, and the letters patent may be to the 
 new company by the name of the old company or by 
 another name. 
 
 81 All the nrovisions of this Chapter touching the Provisions as to 
 
 r _ 1. i. 1. • supplementary 
 
 obtaining of supplementary letters patent by companies letters to apply, 
 incorporated hereunder, shall so far as applicable apply 
 and extend to applications for letters patent under the 
 seventy-ninth and eightieth sections hereof. 
 
 82. Subject to the provisions of subsection (d.) of shares to be 
 section five of this Chapter, every share in the company "^"^ '"''"'• 
 shall be deemed and taken to have been issued and to be 
 held subject to the payment of the whole amount thereof 
 
586 JOINT STOCK COMPANIES. [PAET I. 
 
 Chap. 79. in cash, unless the same shall have been otherwise deter- 
 mined by a contract duly made in writing and filed with the 
 Provincial Secretary at or before the issue of such shares. 
 
 Prospectus, what 83. Every prospectus of the company, and every notice 
 
 It must contain. jj^yjj.jj^g persons to subscribe for shares in the compan3\ 
 shall specify the dates, and the names of the parties to 
 any contract entered into by the company with the 
 promoters, directors or trustees thereof, before the issue of 
 such prospectus or notice, whether subject to adoption by 
 the directors or the company, or otherwise ; and any 
 prospectus or notice not specifying the same, shall be 
 deemed fraudulent on the part of the promoters, directors 
 and officers of the company, knowingly issuing the same, 
 as regards any person taking shares in the company on 
 the faith of such prospectus, unless he shall have had 
 notice of such contract. 
 
 Issue oj bonds 84. In case a by-law authorizing the same is sanctioned 
 y t B company. ^^ ^ ^^^^ ^j ^^^ j^^^ than two thirds in value of the 
 
 shareholders then present in person or represented by 
 
 proxy at a general meeting duly called for con.sidering the 
 
 by-law, the directors may borrow money upon the credit 
 
 of the company, and issue the bonds, debentures or other 
 
 securities for any sums borrowed at such prices as may be 
 
 deemed necessary, but no such debentures shall be for a 
 
 less sum than one hundred dollars, and the directors may 
 
 under the like sanction hypothecate or pledge the real or 
 
 personal property of the company to secure any sums 
 
 borrowed by the company. Provided also that the 
 
 limitation by this section made shall not be held to apply 
 
 to commercial paper discounted by the company. 
 
 Establishment of 85. The Company may have an ajjency or agencies in 
 
 any city or town in England, Scotland, Ireland, or the 
 
 Dominion of Canada. 
 
 statement to be 86. The directors of every company shall lay before 
 
 its shareholders a full and clear printed statement of the 
 
 aifairs and financial position of the company at or before 
 
 each general meeting of the company for the election of 
 
 directors. 
 
 Provisions as to 87. The Company shall be subject to the provisions of 
 
 win^ mg up a - ^^^ ^^^ ^j ^^^ Legislature of this Province for the winding 
 
 up of joint stock companies ; and to the provisions of any 
 
 Insolvent Act passed by the Parliament of Canada, so far 
 
 as they relate to incorporated companies. 
 
 Provisions as to 88. Notwithstanding the provisions contained in 
 
 gaSued"'^ under section 79 of this Chapter, or any other provision herein 
 
 iufseries.^' ^'Contained, any company heretofore organized under the 
 
 provisions of chapter 54 of the Revised Statutes, fourth 
 
 series, and the members of the company as such shall have, 
 
TITr.K XVIIT.] JOINT STOCK COMPANIES. 587 
 
 possess, and enjoy all powers and authorities which the Chap. 79. 
 said company and members would have possessed or 
 enjoyed had the said chapter remained in force and 
 unrepealed. 
 
 SCHEIDTJI^ES. 
 
 A. 
 Public notice is hereby given that under the " Nova 
 Scotia Joint Stock Companies' Act " letters patent have 
 been issued under the Great Seal of the Province of Nova 
 
 Scotia, bearing date the' day of -, incorporating 
 
 (here state names, address, and callmg of each corporator 
 named in the letters 'patent), for the purpose of (here state 
 the undertakivg of the company set forth in the letters 
 
 patent), with a total capital stock of dollars, divided 
 
 into shares of dollars . 
 
 Dated at the office of the Provincial Secretary of Nova 
 
 Scotia this day of , 18 — . 
 
 A. B., 
 Provincial Secretary. 
 
 B. 
 
 Public notice is hereby given that under the " Nova 
 Scotia Joint Stock Companies' Act" supplementary letters 
 patent have been issued under the Great Seal of the Province 
 
 of Nova Scotia, bearing date the day of , 
 
 whereby the total capital stock of (here state the name of 
 the company) is increased (or decreased as the case may 
 he) from dollars to dollars. 
 
 Dated at the office of the Provincial Secretary of Nova 
 
 Scotia, thi.'j day of , 18 — . 
 
 A. B., 
 Provincial Secretaiy. 
 
 C. 
 Public notice is hereby given that under the " Nova 
 Scotia Joint Stock Companies' Act" supplementary letters 
 patent have been issued under the Great Seal of the 
 
 Province of Nova Scotia, bearing date the day of 
 
 , whereby the undertaking of the company has been 
 
 extended to include (here set out the other purposes or 
 objects mentioned in the supplementary letters patent.) 
 Dated at the office of the Provincial Secretary of Nova 
 
 Scotia, this day of , 18 — . 
 
 A. B., 
 Provincial Secretary. 
 
Application 
 Chapter. 
 
 588 winding up of incorporated companies. [part i.' 
 
 Chap. 80. 
 
 ' OHAPTEE 80. 
 
 OF THE \VINDING UP OF INCORPORATED COMPANIES. 
 
 Alternative title. 1. This Chapter ma}' be cited as, " The Companies' 
 Winding-up Act." 
 
 of 2. This Chapter shall apply to all incorporated 
 companies, associations, or clubs, incorporated by the 
 Legislature of the Province of Nova Scotia, or under the 
 authority of any Act of this Province, and to all companies, 
 associations, and clubs, vsfhose incorporation and the affairs 
 thereof in the particulars hereinafter mentioned are subject 
 to the legislative authority of this Province. 
 Interpretation of 3. (1.) Unless othervs^ise expressed or otherwise indi- 
 *^™^' cated by the context, the word "court," as used in this 
 
 Chapter, means the Supreme Court; but any act hereinafter 
 authorized to be done by the court, and any power or 
 authority hereinafter conferred on the court, shall be done 
 or exercised by any judge thereof, except in the case of 
 acts and authorities to be done or exercised upon or after 
 appeal from the decision or judgment of such judge. 
 
 (2.) The term " contributory " means every person 
 liable to contribute to the assets of a company, association, 
 or club, under this Chapter, in the event of the same being 
 wound up ; it shall also, in all proceedings prior to the final 
 determination of the status of such persons, include any 
 person alleged to be a contributory. 
 
 (3.) If any contributory dies either before or after he 
 has been placed in the list of contributories hereinafter 
 mentioned, his personal representatives, heirs and devisees 
 shall be liable in due course of administration to,contribute 
 to the assets of the company, association, or club in discharge 
 of the liability of such deceased contributory, and such 
 personal representatives, heirs and devisees shall be deemed 
 to be contributories accordingly. 
 
 (4.) The term '' company " means any corporation, 
 whether joint stock or otherwise, incorporated by the 
 Legislature of this Province, or under the authority of any 
 Act thereof. 
 
 (5.) The expression " extraordinary resolution " in this 
 Chapter, means a resolution passed by a majority of not 
 less than three fourths of such members of the company 
 for the time being entitled to vote as may be present in 
 person or by proxy (in cases where by the Act or charter, 
 or instrument of incorporation, or the regulations of the 
 company, proxies are allowed) at any general meeting, of 
 
 ' Court.' 
 
 'Contributory," 
 
 Contributory's 
 representatives, 
 
 ' Company." 
 
 '' Extraordinary 
 resolution." 
 
TITLE XVllI.] WINDIXG OT' OF INCORPORATED COMPANIES. 589 
 
 which notice specifying the intention to propose such Chap. 80. 
 resolution, has been dulv given. 
 
 (6.) The expression "special resolution" in this Chapter, "Spedai resoiu- 
 means a resolution passed in the manner necessary for an *''""" 
 extraordinary resolution, where the resolution, after having 
 been so passed as aforesaid, has been confirmed by a 
 majority of such members (entitled according to the Act, 
 charter, or instrument of incorporation, or the regulations 
 of the company, to vote) as may be present in person or by 
 proxy at a subsequent general meeting, of which notice has 
 been duly given, and held at an interval of not less than 
 fourteen days, or more than one month, from the date of the 
 meeting at which the resolution vi^as first passed. 
 
 WHEN COMPANIES MAY BE WOUND fP. 
 
 4. A company may be wound up under this Chapter — Companies may 
 
 *^ be wound up, 
 
 (1.) Where the period (if any) fixed for the duration of Expiration of 
 the company by the Act, charter, or instrument of incor- ''""'• 
 poration has expired, or where the event (if any) has 
 occurred, upon the occurrence of which it is provided by 
 the Act, or charter, or instrument of incorporation that the 
 company is to be dissolved, and the company in general 
 meeting has passed a resolution requiring the company to 
 be M'ound up. 
 
 (2.) Where the company has passed a special resolution special resoiu- 
 (as hereinbefore defined) requiring the company to be 
 wound up. 
 
 (3.) When the company (though it may be solvent as Extraordinary 
 respects creditors) has passed an extraordinary resolution 
 (as hereinbefore defined) to the effect that it has been 
 proved to their satisfaction that the company cannot by 
 I'eason of its liabilities continue its business, and that it is 
 advisable to wind up the same. 
 
 5. Where no such resolution has been passed, as Court maj- order 
 mentioned in the preceding sections, the court may on the '° ' *'"''" 
 application of a contributory make an order for winding 
 
 up, in case the court is of opinion that it is just and 
 equitable that the company should be wound up. 
 
 6. A winding up shall be deemed to commence at the w*'™ deemed to 
 time of the passing oi the resolution authorizing the winding 
 
 up, or of making the order directing the winding up. 
 
 KEGISTKATION. 
 
 7. A copy of the resolution or order for winding up, Resolution or 
 certified by the liquidator, may be registered in the registry tere".'" °"^'*" 
 office of any county or registration division wherein the 
 company may have any real estate. Such resolution or 
 
 order may be accompanied by a description of the real 
 
590 WINDING UP OF INCORPOBATED COMPANIlES. [PART I. 
 
 Chap. 80. estate belonging to the company in the county, and certified 
 " by the liquidator to be a correct description ; and the 
 registrar shall register the said order and description upon 
 payment to him of a fee of one dollar. 
 
 CONSEQUENCES Of' OOMMENGING TO WIND UP. 
 
 Consequences ot 8. The following conscquences shall ensue upon the 
 
 commencing. ii!ii-T n jii 
 
 commencement or the winding up ot a company under the 
 authority of this Chapter : 
 
 Cessation oj (1.) The Company shall from the date of the commence- 
 
 ment of such winding up cease to carry on its business, 
 except in so far as may be required for the beneficial 
 winding up thereof, and any transfers of shares, except 
 transfers made to or with the sanction of the liquidators, or 
 any alteration in the status of the members of the company 
 after the commencement of such winding up, shall be void, 
 but the corporate status and all the corporate powers of the 
 company shall, notwithstanding ' it may be otherwise 
 provided by the Act, charter or instrument of incorporation, 
 continue until the affairs of the company are wound up. 
 
 Disuibutjon,&o., (2.) The property of the company shall be applied in 
 satisfaction of its liabilities, and subject thereto, and to the 
 charges incurred in winding up its affairs, shall (unless it is 
 otherwise provided by the Act, charter or instrument of 
 incorporation) be distributed amongst the members according 
 to their right and interests- in the company. 
 
 Aprointment ot (3.) Liquidators shall be appointed for the purpose of 
 
 liquidators. winding up the affairs of the company and distributing the 
 property. 
 
 Mode of appoint' (4.) The Company in general meeting shall appoint. 
 
 '"'°'" such persons or person, as the company thinks fit, to be 
 
 liquidators or a liquidator, and may fix the remuneration 
 to be paid to them or to him, and they shall give such 
 security as the contributories or the court may determine, 
 but when a company is ordered to be wound up, by the court, 
 as provided in section five of this Chapter, the court shall 
 appoint such liquidators or liquidator. 
 
 Single liquidator (''•) If One person Only is appointed, all the provisions 
 herein contained in reference to several liquidators shall 
 apply to him. 
 
 Powers of diiec- (6.) Upon the appointment of liquidators all the 
 
 tors to cease, powers of the directors or other managing oSicers shall 
 cease, except in so far as the company, in general meeting 
 or the liquidators may sanction the continuance of such 
 powers. 
 
 ouorum of iiqui' (7.) Where several liquidators are appointed every 
 
 "■ power hereby given may be exercised by such one or more 
 
 of them as may be determined at the time of the appoint- 
 
TITLE XVIII.] WINDING UP OF INCORPORATED COMPANIES. 691 
 
 ment, or at a subsequent meeting, or in default of such Chap. 80. 
 determination by any number not less than two. 
 
 (8.) The contributories may at any meeting appoint i^sp'ot^s may 
 
 , . •' , ,•' . = S , •>« appointed. 
 
 one or moie inspector or inspectors to superintend and 
 direct the proceedings of the liquidator in the management 
 and winding up of the estate, and in case of an inspector 
 being appointed all the powers of the liquidator shall be 
 exercised, subject to the advice and direction of the 
 inspectors, and the contributories may also, at any 
 subsequent meeting held for that purpose, revoke any such 
 appointment, and upon such revocation, or in case of death, 
 resignation, or absence from the Province of an inspector, 
 may appoint another in his stead, and such inspector may 
 be paid such remuneration as the contributories may 
 determine, and when anything is allowed or directed to be 
 done by the inspectors, it may or shall be done by the sole 
 inspector if only one has been appointed. 
 
 (9.) The contributories may at any meeting pass any Disposal of pro- 
 resolution or order directing the liquidator how to dispose '"'^'^ regulated. 
 of the property, real or personal, of the company, and in 
 default of their doing so the liquidator shall be subject to 
 the directions, orders and instructions which he from tin^e 
 to time receives from the inspectors, if anj', with regard to 
 the mode, terms and conditions on which he may dispose 
 of the whole or any part of the property of the company. 
 
 GENBEAl POWERS OF LIQUIDATORS. 
 
 9. The liquidator may be described in all proceedings Liquidator, how 
 by the style of " A. B., the liquidator of" (the particular po'^^ers^"*' 
 company in respect of which he is appointed) and shall 
 have power to do the following thing.s : 
 
 (1.) To bring or defend any action, suit or other legal To hnng or de- 
 proceeding in the name and on behalf of the company. 
 
 (2.) To carry on the business of the company so farTo^=a"vonbuai. 
 as may be necessary for the beneficial winding up of the 
 
 same. , 
 
 (3.) To sell the real and personal property of the To seii property. 
 company, by public auction or private contract, according 
 to the ordinary mode in which such sales are made, with 
 power to transfer the whole property to any person or 
 company, or to sell the same in parcels, and on such terms 
 as shalfseem most advantageous ; but no sale of the assets 
 en bloc shall be made without the previous sanction of the 
 contributories given at a meeting called for that purpose. 
 
 (4) Incase, after having acted with due diligence in To^seii doubtful 
 the collection of the debts, the liquidator finds that there ' '■ 
 remain debts due, the attempt to collect which would be 
 more onerous than beneficial to the estate, he shall report 
 
592 WINDING UP OF INCORPORATED COMPANIES. [PART I, 
 
 Chap. 80. the same to the contributories or inspectors (if any), and 
 with their sanction he may sell the same by public auction 
 after such advertisement thereof as they may order ; and 
 pending such advertisement the liquidator shall keep a 
 list of the debts to be sold, open to inspection at his office, 
 and shall also give free access to all documents and 
 vouchei's explanatory of such debts ; but all debts 
 amounting to more than one hundred dollars shall be sold 
 separately, except as herein otherwise provided. 
 To negotiate bills (-5.) To draw, accept, make, and endorse any bill of 
 of uxctiange, *''• gxchange or promissory note, in the name and on behalf of 
 the company, and to raise upon the security of the assets 
 of the company from time to time any requisite sum or 
 sums of money ; and the drawing, accepting, making, or 
 endorsing of any such bill of exchange or promissory note 
 as aforesaid, on behalf of the company, shall have the same 
 effect with respect to the liability of the company as if 
 such bill or note had been drawn, accepted, made or 
 endorsed by or on behalf of such company in the course 
 of carrying on the business thereof. 
 To take out (6.) To take out if necessary in his official name, letters 
 administration, ^f administration to any deceased contributory ; and to do 
 in his official name any other act which may be necessary 
 for obtaining payment of any money due from a con- 
 tributory or from his estate, and which act cannot be 
 convenientlj' done in the name of the company ; and in 
 all cases where he takes out letters of administration or 
 otherwise uses his official name for obtaining payment of 
 any money due from a contributory, such money shall, for 
 the purpose of enabling him to take out such letters or 
 recover such money, be deemed to be due to the liquidator 
 himself. 
 To execute docu- (7.) To execute in the name of the company all deeds, 
 uients. receipts and other documents. 
 
 To use com- (8.) And to do and exercise all other acts and things 
 
 pany'seeai. ^j^g^j. jjjg^y [^g necessary for the winding up of the affairs 
 of the company, and the distribution of its assets, and for 
 such purposes to use when necessary the company's seal. 
 
 Creditors to be 10. The liquidator may fix a certain day or certain 
 "n'ofal^!" '^'"'days on or within which creditors of the company and 
 others having claims thereon are to send in their claims, 
 or may apply to the court for an order fixing such time 
 and directing in what manner and within what time notice 
 thereof shall be served upon such persons. When a 
 liquidator has given such notices, he shall at the expiration 
 of the time named in the said notices, or the last of the 
 said notices, for sending in such claim, be at liberty to 
 distribute the assets of the company or any part thereof 
 
TITLE XVIII.J WINDING UP OF INCOBPOEATED COMPANIES. 593 
 
 amongst the parties entitled thereto, having regard to the Chap. 80. 
 claims of which the liquidator has then notice ; and the 
 liquidator shall not be liable for the assets or any part 
 thereof so distributed to any person of whose claim such 
 liquidator had not notice at the time of distributing the 
 said assets or a part thereof as the case may be ; but 
 nothing in this Chapter shall prejudice the right of any 
 creditor or claimant to follow assets into the hands of the 
 person who may have received the same. 
 
 11. The liquidators may with the sanction of an compromises 
 extraordinary resolution of the company make such com-" 
 promise or other arrangement as the liquidators deem 
 expedient with any creditors or persons claiming to be 
 creditors, or persons having or alleging to have any claim 
 present or future, certain or contingent, ascertained or 
 soundifig only in damages against the company or whereby 
 
 the company may be rendered liable. 
 
 12. The liquidators may with the sanction of an Debts may be 
 extraordinary resolution of the company compromise ^11°°™'"'''°"'* ' 
 calls and liabilities to calls, debts and liabilities capable 
 
 of resulting in debts and all claims whether present or 
 future, certain or contingent, ascertained or sounding only 
 in damages, subsisting or supposed to subsist between the 
 company and any contributory, or other debtor or person 
 apprehending liability to the company, and all questions 
 in an}' way relating to or affecting the assets of the 
 company or the winding up of the company, upon the 
 receipt of such sums, payable at such times and generally 
 upon such terms as may be agreed upon ; with power for 
 the liquidators to take any security for the dischai'ge of 
 such debts or liabilities, and to give a complete discharge 
 in respect of all or any such calls, dehts or liabilities. 
 
 13. When any company is proposed to be or is in the Trauster^^ot ^pro- 
 course of being wound up, and the whole or a portion of itspmy. 
 business or property is proposed to be transferred or sold 
 
 to another company, the liquidators of the first mentioned 
 company, with the sanction of a special resolution of the 
 company by whom they were appointed, conferring either 
 a general authority on the liquidators or an authority in 
 respect of any particular arrangement, can receive in 
 compensation o'^r in part compensation for such transfer or 
 sale, shares or other like interest in such other company 
 for the purpose of distribution amongst the members of 
 the company which is being wound up, or may in lieu of 
 receiving cash, shares or other like interests or in addition 
 thereto participate in the profits of or receive any other 
 benefit from, the purchasing company. 
 39 
 
594 WINDING UP OF INCORPORATED COMPANIES. [PART I. 
 
 Chap. 80. 14. Any sale made or arrangement entered into by 
 
 Dissentient the liquidators in pursuance of this section shall be binding 
 
 member. qjj ^jjg members of the company which is being wound up, 
 
 subject to this proviso, that if any member of the company 
 which is being wound up who has not voted in favor of 
 the special resolution passed by the company of which he 
 is a member at either of the meetings held for passing the 
 same expresses his dissent from any such special resolution, 
 in writing, addressed to the liquidators or one of them, and 
 left at the head office of the company not later than seven 
 days after the date of the meeting at which such special 
 resolution was passed, such dissentient member may require 
 the liquidators to do one of the following things as the 
 liquidators may prefer, that is to say : (1) Either to 
 abstain from carrying such resolution into effect ; or (2) to 
 purchase the interest held by such dissentient member at 
 a price to be determined in manner hereinafter mentioned, 
 such purchase money to be paid before the company is 
 dissolved, and to be raised by the liquidators in such 
 manner as may be determined by special resolution. 
 
 Special resoiu- 15. No Special resolution shall be deemed invalid for 
 the purposes of this section by reason that it is passed 
 antecedently to or concurrently with any resolution for 
 winding up the company or for appointing liquidators. 
 
 Member's inter- 16. The pricc to be paid for the purchase of the interest 
 of any dissentient member may be determined by agree- 
 ment; but if the parties dispute about the same such 
 dispute shall be settled by arbitration. 
 
 Arbitration. 17. For the purposc of such arbitration the liquidator 
 
 shall appoint one arbitrator and the dissentient member 
 shall appoint another, and the two arbitrators thus chosen 
 (or in case they disagree, the county judge) shall appoint 
 a third arbitrator. 
 
 Powers of arbi- 18. The arbitrators thus chosen, or any two of them, 
 or the arbitrator of one party and an arbitrator appointed 
 by the county judge (in case of the refusal or neglect of 
 either party to appoint an arbitrator), shall finally deter- 
 mine the matter in dispute. 
 
 Umpire. 19. In cEse of the disagreement of two arbitrators, 
 
 where two only are acting, they may appoint an umpire, 
 whose award shall be conclusive. 
 
 LIABILITY OF CONTBIBUTORIBS. 
 
 List to be settled 20. As soon as may be after the commencement of the 
 winding up of a company the liquidator shall settle a list 
 of contributories. 
 
 Unpaid shares. 21. Every shareholder or member of the company or 
 
 his representative is liable to contribute the amount unpaid 
 
•TITLE XVIII.] WINDING UP OF INCORPORATED COMPANIES. 595 
 
 on his share of the capital or on his liability to the Ohap. 80. 
 company or to its members or creditors, as the case may be, 
 under the Act, charter or instrument of incorporatioh of 
 the company or under the law of this Province, and the 
 amount which he is liable to contribute shall be deemed 
 assets of the company and to be a debt due to the company. 
 
 22. When a shareholder has transferred his shades Transferred 
 under circumstances which do not bylaw free him f rom ''''"^^^' 
 liability in respect thereof, or where he is by law liable to 
 
 the company or its contributories or any of them, to an 
 amount beyond tlie amount unpaid on his shares, or when 
 a member of a company, the liability of whose members is 
 not limited by the Act, charter, or instrument of incor- 
 poration of such company, has resigned or ceased to be a 
 member of the company at a time when the liabilities of 
 the company are not satisfied, he shall be deemed a member 
 -of the company for the purposes of this Chapter, and shall 
 be liable to contribute as aforesaid to the extent of his 
 liabilities to the company or the contributories inde- 
 pendently of this Chapter, and the amount which he is so 
 liable to contribute shall be deemed assets and a debt as 
 -aforesaid. 
 
 23. In the case of a company, the liability of whose cessation of 
 members is not limited by the Act, charter or instrument"*™''^'''"''' 
 of incorporation of such company, every member of such 
 company at the time of the contracting of any debt or the 
 incurring of any liability shall be liable to. contribute to 
 
 -the payment of such debt or liability, notwithstanding he 
 may have since ceased to be a member of such company, 
 and notwithstanding any statute relating to the limitation 
 of actions, provided such liability can be enforced at law 
 or in equity ^against such company. 
 
 24. The list of contributories shall distinguish between Representative 
 persons who are contributories in their own right and as"""'" "'°™'' 
 being representatives of or liable for others. 
 
 25. It shall not be necessary when the personal repre- Liability of heirs, 
 sentative of any deceased contributory is placed on the*"- 
 
 dist to add the heirs or devisees of such contributory, 
 nevertheless such heirs or devisees may be added at any 
 time afterwards. 
 
 26 Any list so settled shall be primd facie evidence ustpmndfacis 
 of the liability of the persons named therein to be^[,^Jf"« "' "*" 
 • contributories. 
 
 27. The list of contributories may be settled by the court may settle 
 court in which case the liquidator shall make out and leave ''''• 
 at the chambers of any judge of the Supreme Court a list 
 of the contributories of the company, and such list shall be 
 •verified by the affidavit of the liquidator, and shall so far 
 
596 WINDING UP OF INCORPORATED COMPi\.NIES. [PART U 
 
 Chap. 80. as is practicable state the respective addresses of and the- 
 number of shares or extent of interest to be attributed 
 to each such contributory, and distinguish the several' 
 classes of contributories ; and such list may from time tO' 
 time by leave of a judge of the Supreme Court be varied 
 or added to by the liquidator. 
 Notice to con- 28. Upon the list of contributories being left at the- 
 chambers of a judge, the liquidator shall obtain an 
 appointment from the judge to settle the same, and shall 
 give notice in writing of such appointment to every person 
 included in the list, and stating in what character and for 
 what number of shares or interest such person is included 
 in the list, and in case any variation or addition to such 
 list is at any time made by the liquidator a similar notice 
 in writing shall be given to every person to whom such 
 variation or addition applies. All such notices shall be 
 served four clear days before the day appointed to settle 
 such list, or such variation or addition. 
 Settlement of 29. The result of the settlement of the list of contribu- 
 fied. tories shall be stated in a certificate by the prothonotary 
 
 of the court, and certificates may be made from time to- 
 time for the purpose of stating the result of such 
 settlement down to any particular time or to any particular 
 person, stating any variation of the list. 
 Default of repre- 30. If any person made a contributory as personal 
 ceased contribu- representative of a deceased contributory makes default in 
 tones. paying any sum to be paid b}' him, proceedings may be- 
 
 taken for administering the personal and real estate of 
 such deceased contributory or either of such estates, and 
 for compelling payment thereout of the money due. 
 Calls on contri- 31. The liquidators may at any time and before they 
 u ones. have ascertained the sufficiency of the assets of the 
 
 company call on all or any of the contributories, for the 
 time being, settled on the list of contributories, to pay to 
 to the extent of their liability all or any sums the liquidators 
 deem necessary to satisfy the debts and liabilities of the- 
 company, and the costs, charges, and expenses of winding it 
 up, and for the adjustment of the rights of the contributories 
 amongst themselves, and the liquidators may, in making a 
 call, take into consideration the probability that some of 
 the contributories upon whom the call is made, may partly 
 or wholly fail to pay their respective portions of the same. 
 Liable to arrest, 32. Where a person's name is on the list of contribu- 
 rapnsonmen , ^^^.j^g ^^ jg liable to be placed thereon, he shall be subject, 
 in respect to his liability and on the application of the 
 liquidator, to arrest and imprisonment like any other 
 debtor, and he shall for that purpose be deemed a debtor 
 to the company and a debtor to the liquidator, and his- 
 
■TITLE XVIII.] WINDING UP OF INCOEPORATED COMPANIES, 597 
 
 arrest may be ordered by the court, and his being placed in Chap. 80. 
 the list of contributories under this Chapter shall be ~ 
 
 deemed a judgment, and the liquidator shall be deemed a 
 judgment creditor ; and the said judgment may be enforced 
 bj' writ of execution in the same manner as in ordinary 
 judgments in the Supreme Coui^t. 
 
 liquidators' DT7TIES, 
 
 33. No liquidator shall emplov any counsel, solicitor* counsel, when 
 or attorney-at-law without the consent of the inspectors, if Ji';""^ "i"''**" 
 any. 
 
 34. No liquidator or inspector shall purchase directly Liquidator not to 
 or indirectly any part of the stock in trade, debts or assets """"'''^ "°°''' 
 of any description of the estate. 
 
 35. The liquidator shall deposit at interest in some Deposit in bank, 
 chartered bank, to be indicated by the inspector or by the 
 
 •court, all sums of money which he may have in his hands 
 belonging to the company, whenever such sums amount to 
 one hundred dollars. 
 
 36. Every liquidator or inspector shall be subject to subject to order 
 the summary jurisdiction of the court in the same manner °' °'""^' 
 and to the same extent as the ordinary officers of the court 
 
 are subject to its jurisdiction, and the performance of his 
 duties may be compelled and all remedies sought or 
 ■demanded for enforcing any claim for a debt, privilege, 
 mortgage, lien or right of property upon, in, or to any 
 •effects or property in the hands, possession, or custody of a 
 liquidator, may be obtained by an order of the court on 
 summary petition, and not by any suit, attachment, seizure, 
 or other proceeding of any kind whatever, and obedience 
 by the liquidator to such order may be enforced by such 
 ■court under the penalty of imprisonment as for contempt 
 of court or disobedience thereto, or he may be removed in 
 the discretion of the court. 
 
 37. Such deposit shall not be made in the name of the Deposit, how 
 liquidator generally, on pain of dismissal, but a separate 
 ■deposit account shall be kept for the company of the 
 moneys belonging to the company in the name of the 
 liquidator, as such, and of the inspectors (if any), and such 
 moneys shall be withdrawn only on the joint cheque of the 
 liquidator and one of the inspectors, if there be any. 
 
 38. At every meeting of the contributories the Pass book, 
 liquidators shall produce a bank pass book, shewing the 
 amount of deposits made for the company, the date at 
 which such deposits were made, the amounts withdrawn, 
 
 -and dates of such withdrawal ; of which production mention 
 shall be made in the minutes of such meeting, and the 
 absence of such mention shall be primd facie evidence that 
 •such pass book was not produced at the meetings. 
 
commission. 
 
 598 WINDING UP OF INCOEPOEATED COMPANIES. [PAET I, 
 
 Chap. 80. 39. The liquidator shall also produce such pass book 
 
 When to be pro- whenever so ordered by the court, at the request of the 
 dnced. inspectors or of a contributory, and on his refusal to do so 
 
 he shall be treated as being in contempt of court. 
 Costs, &c., a first 40. All costs, charges and expenses properly incurred 
 *'^°' in the winding up of a company under this Chapter, 
 
 including the remuneration of the liquidators, shall be 
 payable out of the assets of the company in priority to all 
 other claims. 
 Liquidators' 41 In case of there heinff no agreement or provision 
 
 fixing the remuneration of a liquidator, he shall be entitled 
 to a commission on the net proceeds of the estate of the 
 companj^ of every kind which shall come to his hands, after 
 deducting expenses and disbursements ; such commission 
 to be of five per cent, on the amount realized, and shall be 
 in lieu of all fees and charges for his services. 
 
 MEETINGS OF CONTEIBUTOKIES. 
 
 Meeting to fill 42. If auv vacancy occurs in the office of liquidators^ 
 appointed by the company, by death, resignation, or other- 
 wise, a general meeting for the purpose of filling up such 
 vacancy may be convened by the continuing liquidators, if 
 any, or if none then by any contributory of the company. 
 
 Special resoiu- 43. The liquidators may from time to time during the 
 continuance of the winding up summon general meetings 
 of the company for the purpose of obtaining the sanction 
 of the company by special resolution or extraordinary 
 resolution, or for any other purpose they think fit. 
 
 Notices of meet- 44. The liquidator shall also call meetings of the 
 
 '"^°' contributories whenever required in writing so to do by 
 
 the inspector or five contributories, or bj'^ the court, and he 
 shall state succinctly in the notice calling any meeting the 
 purpose thereof. 
 
 Where to be 45. The contributories may from time to time at any 
 
 meeting determine where subsequent meetings shall be 
 held, and in the absence of such a resolution all meetings of 
 the contributories shall be held at the office of the liquidator 
 or of the company, unless otherwise ordered by the court. 
 
 Publication of 46. Notice of any meeting shall, for the purposes of 
 this Chapter, be deemed to be duly given, and the meeting^ 
 to be duly held, whenever such notice is given and meeting 
 held in manner prescribed by the Act, charter, or instrument 
 of incorporation, or by the regulations of the company, or 
 by the court, or notice of the meeting may be given by 
 publication thereof for at least three weeks in the Royal- 
 Gazette, or by such other or additional notice as the court, 
 or the inspector, or the company may direct, and by also, 
 except when the court otherwise directs, addressing notices. 
 
 notice. 
 
TITLE XVIII.] WINDING UP OF INCORPORATED COMPANIES. 59& 
 
 of the meeting to the contributories within the Province, Chap. 80. 
 and to the representatives within the Province of contribu- " 
 
 tories who reside out of the Province, and the said notices 
 shall be posted at least ten days before the day on which 
 the meeting is to take place, the postage being prepaid by 
 the liquidator. 
 
 47. No contributory shall vote at any meeting unless voting regulated 
 present personally, or represented by some person having a 
 
 written authority (to be filed with the liquidator) to act on 
 his behalf at the meeting or generally, and when a 
 poll is taken reference shall be had to the number of votes 
 to which each member is entitled by the Act, charter, or 
 instrument of incorporation, or the regulations of the 
 company. 
 
 ASSISTANCE OP THE COURT. 
 
 48. The liquidators, or any contributory of the Application for 
 company, may apply to the court to determine any question made.™"*' ^""^ 
 arising in the matter of such winding up, or to exercise all 
 
 or any of the powers following, and the court, if satisfied 
 that the determination of such question, or the required 
 exercise of power, will be just and beneficial, may accede 
 wholly or partially to such application, on such terms and 
 subject to such conditions as the court thinks fit, or it may 
 make such other order on such application as the court 
 thinks just. 
 
 49. The court at any time after the presentation of a Proceedings 
 
 .... e • T J li i; 1 • restrained, 
 
 petition for winding up a company, and betore making an 
 order for winding up the company, may restrain further 
 proceedings in any action, suit, or proceeding against the 
 company (other than under the Insolvent Acts in force at 
 the time, or any other authority with which this Legislature 
 has no jurisdiction), in and upon such terms as the court 
 thinks fit. 
 
 50. The court may make an order that no suit, action AdvertiBement 
 or other proceeding shall be proceeded with or commenced" 
 against the company, except with the leave of the court 
 
 and subject to such terms as the court may impose ; but 
 this section shall not apply to proceedings under any Act 
 of. the Parliament of Canada, under its jurisdiction in 
 matters of bankruptcy and insolvency, or otherwise. A 
 copy of such order shall forthwith be advertised as the 
 court may direct. 
 
 51. The court may settle the list of contributories. settlement of 
 
 52. The court may direct meetings of the contributories. Meetings direct- 
 to be summoned, held, and conducted in such manner as the' " 
 
 court thinks fit, for the purpose of ascertaining their 
 wishes, and may appoint a person to act as chairman of any 
 
600 WINDING UP OF INCORPORATED COMPANIES. [PART I. 
 
 Chap. 80. such meeting, and to report the result of such meeting to 
 the court. 
 
 Ti-ansfer of 53. The court may require any contributor}'' for the 
 
 time being settled on the list of contributories, or any 
 trustee, receiver, banker, or agent or officer of the company, 
 to pay, deliver, convey, surrender or transfer forthwith, or 
 within such time as the court directs, to or into the hands 
 of the liquidator any sum or balance, books, papers, estate, 
 or effects, which happen to be in his hands for the time 
 being, and to which the company is primd fadie entitled. 
 
 Payment of 54. The court may make an order on any contributory 
 
 monejs £^^ ^-^^ time being settled on the list of contributories, 
 
 directing payment to be made, in manner in the said order 
 mentioned, of any moneys due from him or from the estate 
 of the person whom he represents, to the company, 
 exclusive of any moneys which he or the estate of the 
 person whom he represents may be liable to contribute by 
 virtue of any call made or to be made by the court in 
 pursuance of this Chapter. 
 
 Payment into 55. The court may order any contributory, purchaser, 
 or other person from whom money is due to the company, 
 to pay the same into any bank appointed for this purpose, 
 in any general order made under this Chapter, or in default 
 thereof into anj' bank named in the order, or into any 
 branch of such bank, to the account of the official liquidator, 
 instead of to the official liquidator, and such order may be 
 enforced in the same manner as if it had directed payment 
 to the official liquidator. 
 
 Order conclusive 56. Any Order made by the court in pursuance of this 
 evi ence. Chapter upon any contributory, shall, subject to the 
 
 provisions herein contained for appealing against such 
 order, be conclusive evidence that the moneys, if any, 
 thereby appearing to be due, or ordered to be paid are due, 
 and all other pertinent matter.? stated in such order, and to 
 be taken to be truly stated as against all persons, and in all 
 proceedings whatsoever, with the exception of proceedings 
 taken against the real estate of any deceased contributory, 
 in which case such order shall only be primd facie evidence 
 for the purpose of charging his real estate, unless his heirs 
 or devisees were on the list of contributories at the time 
 the order was made. 
 
 Inspection of 57. The court may make such order for the inspection 
 by the creditors and contributories of the company of its 
 books and papers as the court thinks just, and an\^ books 
 and papers in the possession of the company may be 
 inspected in conformity with the order of the court, but 
 not further or otherwise. 
 
'TITLE XVIir.] WINDING UP OF INCOKPORATED COMPANIES. 601 
 
 58. The court may at any time after the commencement Chap. 80. 
 of the winrling: up of the company, summon to appear before summons to ap- 
 the court or liquidator any officer of the company, or anyP^"- 
 other person known or suspected to have in his possession 
 
 any of the estate or effects of the company, or supposed to 
 be indebted to the company, or any person whom the court 
 may deem capable of givin<r information concerning the 
 trade, dealings, estate or effects of the company, and in 
 ■case of refusal to appear, or answer the questions submitted, 
 he may be committed and punished by the judge as for a 
 contempt. 
 
 59. The court may require any such officer or person Production of 
 to produceany books, papers, deeds, writings, or other ^'""''' *°' 
 
 -documents in his custody or power relating to the company. 
 
 60. If any person so summoned, after being tendered Refusal toappear 
 the fees to which a witness is entitled in the Supreme 
 
 Court, refuses to come before the court or liquidator at the 
 time appointed, having no lawful impediment, the court 
 may causfe such per.son to be apprehended and brought 
 before the court or liquidator for examination. 
 
 61. The court or liquidator may examine upon oath Examinatioa 
 
 1 liic ,1 • .1 upon oath. 
 
 any person appearing or brought betore them in the 
 manner aforesaid, concerning the affairs, dealings, estate or 
 effects of the company, and may reduce into writing the 
 answers of every such person, and require him to subscribe 
 the same. 
 
 62. In any proceedings under this Chapter, the court Subpcena. 
 may order a writ of subpoena ad testificandum, or of 
 subpoena duces tecum, to issue, commanding the attendance 
 
 as a witness of any person within the limits of Nova 
 . Scotia. 
 
 63. When any person claims any lien on papers, deeds i-'i^n o° p^p"^. 
 or writings, or documents produced by him, such production 
 
 shall be without prejudice to the lien, and the court shall 
 have jurisdiction in the winding up to determine all 
 ■ questions relating to such lien. 
 
 64. Where, in the course of winding up any company Malfeasance or 
 
 ' , 1 , i_ J. breach of trust. 
 
 under this Chapter, it appears that any past or present 
 director, manager, official or other liquidator, or any officer 
 of such company, has misapplied or retained in his own 
 hands, or become liable or accountable for any moneys of 
 the company, or being guilty of any malfeasance or breach 
 of trust in relation to the company, the court may, on the 
 application of any liquidator, or of any contributory of the 
 companj', notwithstanding that the offence is one for which 
 the offender is criminally responsible, examine into the 
 conduct of such director, manager or other officer, and 
 -compel him or his executors or administrators to repay any 
 
602 WINDING UP OF INCORPOEATED COMPANIES. [PART L 
 
 Chap. 80. moneys so misapplied or retained, or for which he or his 
 estate has become liable or accountable, together with 
 interest after such rate as the court thinks just, or to 
 contribute such sums of money to the assets of the company 
 by way of compensation, in respect of such misapplication, 
 retainer, malfeasance, or breach of trust, as the court thinks^ 
 just. 
 Order author- 65. If at any time any contributory who desires to- 
 izing proceedings ^g^ygg ^^^ proceeding to be taken, which in his opinion 
 would be for the benefit of the company, and the liquidator 
 under the authority of the contributories or of the 
 inspectors, refuses or neglects to take such proceedings 
 after being duly required so to do, such contributory shall 
 have the right to obtain an order of the court authorizing- 
 him to take such proceeding in the name of the liquidator 
 or company, but at his' own expense and risk, upon such 
 terms and conditions as to indemnity to the liquidator as 
 the court maj' prescribe ; and thereupon any benefit derived 
 from such proceedings shall belong exclusively to the- 
 contributory instituting the same for his benefit, and that 
 of any other contributory who may have joined him in 
 causing the institution of such proceeding; but if before- 
 such order is granted the liquidator shall signify to the 
 court his readiness to institute such proceeding for the 
 benefit of the company, an order shall be made prescribing^ 
 the time within which he shall do so, and in that case the- 
 advantage derived from such proceeding shall appertain to 
 the company. 
 Vacancies, how 66. If any vacancy occurs in the office of liquidator 
 '"'"^' appointed by the company, by death, resignation or 
 
 otherwise, the company in general meeting may fill up such, 
 vacancy. If from any cause there is no liquidator acting, 
 either provisionally or otherwise, the court may on the 
 application of a contributory appoint a liquidator or 
 liquidators. The court may also on due cause shewn 
 remove any liquidator and appoint another liquidator^ 
 When there is no liquidator the estate shall be under the- 
 control of the court until the appointment of a new 
 liquidator. 
 
 Dissatisfied con- 67. Any One or more contributories, whose claims in 
 n utories. ^-^q aggregate exceed five hundred dollars, who may be- 
 dissatisfied with the resolutions adopted or orders made by 
 the contributories or the inspectors, or with any action of 
 the liquidator, for the disposal of the property of the- 
 company, or any part thereof, or for postponing the disposal 
 of the same, or with reference to any matter connected with 
 the management or winding up ti the estate, may within 
 four clear days after the meeting of the contributories, itt 
 
TITLE XVIII.] WINDING UP OF INCORPORATED COMPANIES. 603 
 
 case the subject of dissatisfaction is a resolution or order of Chap. 80. 
 the contributories, or within four clear days after becoming ' 
 
 aware or having notice of the resolution of the inspectors, 
 or action of the liquidator, where such resolution or action 
 is the subject of dissatisfaction, give to the liquidator 
 notice that he or they will apply to the court on the day 
 and at the hour fixed by such notice, and not being later 
 than four clear days after such notice has been given or as 
 soon thereafter as the parties may be heard before such 
 court to record such resolution or orders. The court, after 
 hearing the inspectors, the liquidators and contributories 
 present at the time and place so fixed, may approve, rescind 
 or modify the same resolutions or orders. In case of the 
 application being refused, the party applying shall pay all 
 costs occasioned thereby, and in other cases the costs and 
 expenses shall be at the discretion of the court. 
 
 68. Any party who is dissatisfied with any order or Aw^'^ p™- 
 decision of the judge in any proceeding under this Chapter, 
 
 may appeal therefrom in the manner prescribed by the 
 practice and rules of the court in relation to appeals from 
 the decision of a single judge. 
 
 69. Any powers by this Chapter conferred on the Po'^ers of court, 
 court, shall be deemed to be in addition to and not in 
 restriction of any other powers subsisting, either at law or in 
 
 equity, of instituting proceedings against any contributory, 
 or against any debtor of the company for the recovery of 
 any call or other sums due from such contributory or 
 debtor or his estate, and such proceedings may be instituted 
 accordingly. 
 
 MATTEKS or PRACTICE. . 
 
 70. The costs of proceedings under this Chapter shall coats. 
 be taxed and allowed according to the law relating to costs 
 and fees. 
 
 71. Any application to the court for the winding up Mode of appiioa- 
 of a company under this Chapter shall be by petition, and 
 
 the petition may be presented by the company, or by any 
 contributory or contributories of the company. 
 
 72. Upon hearing the petition the court may dismiss Dismissal of pet:- 
 the same with or without costs, or may adjourn the hearing '°°' 
 conditionally or unconditionally, and may make an interim 
 
 order or any other order that it deems just. 
 
 73. The Court, at any time after an order has been stay of proceed- 
 made for winding up a company, may upon the application "'^' 
 
 by motion of any contributory, and upon proof to the satis- 
 faction of the Court that all proceedings in relation to such 
 winding up ought to be stayed, make an order staying the 
 same, either altogether or for a limited time, on such terms 
 and subject to such conditions as the Court deems fit. 
 
604 
 
 WINDING UP OF INCORPORATED COMPANIES. [PART I. 
 
 Chap. 80. 
 
 Rules of 
 dure. 
 
 proue- 
 
 Pleadings. 
 
 Books primA 
 facie evidence. 
 
 Notices. 
 
 74. The rules of procedure for the time being as 
 to amendments of pleadings and proceedings in the 
 Supreme Court, shall as far as practicable apply to all 
 pleadings and proceedings under this Chapter, and the court 
 or liquidator before whom such proceedings are being carried 
 on, shall have full power and authority to apply the appro- 
 priate rules as to amendments to proceedings so pending 
 before him, and no pleading or proceeding shall be void by 
 reason of any irregularity or default which can or may be 
 amended or disregarded under the rules and practice of the 
 Court. 
 
 75. In every petition, application, motion, or other 
 pleading or proceedings under this Chapter, the parties 
 may state the facts upon which they rely in plain and 
 concise language, and to the interpretation thereof the 
 rules of construction applicable to such language in the 
 ordinary transactions of life shall apply. 
 
 76. All books, accounts, and documents of the company 
 and of the liquidator, shall, as between the contributories of 
 the company, he primd facie evidence of the truth of all 
 matters purporting to be therein recorded. 
 
 77. Except when otherwise provided for, a clear, 
 judicial day's notice of any petition, motion, order, or rule, 
 shall be sufEcient, and service of such notice shall be made 
 in such manner as a similar service in a civil suit. 
 
 DISSOLUTION OF THE COMPANY. 
 
 Dissolution 
 company. 
 
 Order for dissO' 
 lution. 
 
 78. As soon as the affairs of the company are fully 
 wound up, the liquidators shall make up an account, showing 
 the manner in which such winding up has been conducted, 
 and the property of the company disposed of ; and thereupon 
 they shall call a general meeting of the company, for the 
 purpose of having the account laid before them, and 
 hearing any explanation that may be given by the 
 liquidators ; the meeting shall be called by advertisement, 
 specifying the time, place and object of such meeting ; and 
 the advertisement shall be published one month at least 
 previously thereto. The liquidator shall make a return to 
 the Provincial Secretary of such meeting having been 
 held, and of the date at which the same was held, 
 which return shall be filed in the office of the Provincial 
 Secretary, and on the expiration of three months from the 
 date of the filing such return, the company shall be deemed 
 to be dissolved. 
 
 79. Or, whenever the affairs of the company have been 
 completely wound up, the Court ma}'^ make an order that 
 the company be dissolved from the date of such order, and 
 the company shall be dissolved accordingly ; which order 
 
TITLE XVIII.J WINDING UP OF INCORPORATED COMPANIES. 605 
 
 shall be reported by the liquidator to the Provincial Chap. 80. 
 Secretar}'. 
 
 80. If the liquidator makes default in transmitting to Liquidator's de- 
 the Provincial Secretary the return mentioned in the seventy- '*""■ 
 eighth section, or in reporting the order (if .any) declaring 
 
 the company dissolved, he shall be liable to a penalty not 
 exceeding twenty dollars for every day during which he is 
 in default. 
 
 81. All dividends deposited in a bank and remaining unclaimed divi- 
 unclaimed at the time of the dissolution of the company '^™'^'" 
 shall be left for three years in the bank where they are 
 deposited, and if still unclaimed shall then be paid over by 
 
 such bank with interest accrued thereon to the provincial 
 treasury, and if afterwards duly claimed shall be paid over 
 to the persons entitled thereto. 
 
 82. Every liquidator shall within thirty days after Deposit of funds,, 
 the date of the dissolution of the company deposit in the 
 
 bank appointed or named as hereinbefore provided for any 
 other money belonging to the estate then in his hands not 
 required for anj' other purpose authorized by this Chapter, 
 with a sworn statement and account of such money, and 
 that the same is all he has in his hands; and he shall be sub- 
 ject on summary conviction thereof before a justice of the 
 peace to a penalty not exceeding ten dollars for every day 
 on which he neglects or delays such paj'ment; and he 
 shall be a debtor to Her Majesty for such money, and may 
 be compelled as such to account for and pay over the 
 same. The money so deposited shall be left for three 
 years in the bank, and shall be then paid over with interest 
 to the treasury of the Province, and if afterwards claimed 
 shall be paid over to the person entitled thereto. When 
 any company has been wound up under this Chapter and 
 is about to be dissolved, the books, accounts and documents 
 of the company and of the liquidators may be disposed of 
 in such a way as the company by an extraordinary 
 resolution directs. After the lapse of five years from the 
 date of such dissolution no responsibility shall rest on the 
 company or the liquidators, or any one to whom the 
 custody of such books, accounts and documents has been 
 committed, by reason that the same or any of them cannot 
 be made forthcoming to any party or parties claiming to 
 be interested therein. 
 
 83. A majority of 'the judges of the Supreme Court Judges^ make 
 from time to time shall make, frame, settle and approve of ° ' 
 
 the forms, rules and regulations to be followed and observed 
 in proceedings under this Chapter, and shall have power to 
 amend, change and vary the same, and such forms, rules 
 and regulations, being first published in the Royal Gazette, 
 
€06 LIBRARY ASSOCIATIONS AND INSTITUTES. [PABT I. 
 
 Chap. 81. shall have the same force and effect as if they had been 
 made and included in this Chapter. Until such forms, 
 rules and regulations are so made and published, the practice 
 under this Chapter shall in cases not hereinbefore- provided 
 for be the same (as nearly as may be) as under the 
 Insolvent Acts for the time being in force in this Province. 
 
 Limitation of 84. This Chapter shall not extend to any company or 
 
 °'^ '^' corporation whose Act of incoi-poration or any Act in 
 
 amendment thereof contains express provisions for the 
 mode of winding up such company or association. 
 
 CHAPTER 81. 
 
 OF LIBRARY ASSOCIATIONS AND INSTITUTES. 
 
 Persons intend- 1. Any number of persons, not less than ten, having 
 
 Library^AssoS™ subscribed Or holding together not less than one hundred 
 
 a deciaration^^n *^°^^^''® ^^ money or money 's worth, for the use of their 
 
 duplicate. intended institution, may make and sign a declaration 
 
 in duplicate of their intention to establish a Library 
 
 Association, or Institute, or both, as the case may be, at 
 
 some place to be named iu such declaration; in which they 
 
 shall also state : 
 
 statements in (1.) The Corporate name of the institution. 
 
 declaration. /« \ rm. 
 
 (2.) Ihe purpose. 
 
 (3.) The amount of money or money's worth subscribed 
 by them respectively, or held together for the use thereof. 
 (4.) The names of those who are to be the trustees for 
 managing its affairs. 
 
 (5.) The mode in which their successors are to be 
 appointed, or new members of the corporation admitted, 
 or in which by-laws are to be made for such appointment 
 or admission, or for any other purpose, or for all purposes ; 
 and 
 
 (6.) Generally such other particulars and provisions 
 
 as they may think necessary, not being contrary to this 
 
 Chapter or to law. 
 
 One duplicate 2. One duplicate of such declaration shall be filed in 
 
 regfstrarofdeeds the office of the registrar of deeds for the county or district 
 
 by one of the subscribing parties, who shall before such 
 
 registrar acknowledge the execution thereof by himself, 
 
 and declare the same to have been executed by the other 
 
 parties thereto either in person or by their attorneys. 
 
 Eestistrar to give 3. The registrar shall keep the duplicate so filed, and 
 
 ing'fijed^'dupii- deliver the other to the person who filed it, with a 
 
 cate. certificate of the same having been so filed, and of the 
 
TITLE XViri.] LIBRAEY ASSOCIATIONS AND INSTITUTES. 607 
 
 execution having been attested before him; and such Chap. 81. 
 duplicate or any copy thereof certified by such registrar ' 
 
 «hall he primd facie evidence of the facts alleged in such 
 declaration and certificate. 
 
 4. When the formalities aforesaid have been complied Foraiaiitiea oom- 
 with, the persons who signed such declaration or theCoflnS: 
 directors, trustees, or the officebearers and committee for*i,™^°^^|^''"'^y 
 the time being of any such institution, or united institutions, 
 
 a,nd their successors, shall be a body corporate and politic, 
 and shall have the powers, rights and immunities vested in 
 •such bodies by law; with power to such corporation in 
 their corporate name from time to time to acquire and 
 hold to them and to their successors for the uses of such 
 ■corporation any messuages, lands, tenements or heredita- 
 ments situate within this Province. 
 
 5. In case of an institute or library association (or incorporation of 
 both united) already established or in existence, theSySiisM 
 directors, 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 this Chapter, stating in such declaration the 
 corporate name to be assumed by such institution or united 
 institutions; and also with such declaration file in the 
 manner hereinbefore provided a copy of the constitution 
 and by-laws of such 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 or united institutions. 
 
 6. Any library association or institute duly incor- Extent of pro- 
 porated and situated in any city or town having three Ufstitute fn town 
 thousand inhabitants or more may hold real property not 11^^°°^ inhabit- 
 exceeding in annual value the sum of two thousand dollars. 
 
 7. Any library association or institute duly incor- i°^_^'g°™ 3°°J 
 porated and situated in any village or town not having inhabitants. ' 
 three thousand inhabitants may hold real property not 
 exceeding in annual value the sum of one thousand dollars. 
 
 8. In cases not mentioned in the two next preceding in other cases. 
 sections, the yearly value of real property to be held by 
 
 any such corporation shall never exceed four hundred 
 dollars. 
 
 9. The affairs of every such corporation shall be Affairs^ of cor- 
 managed by the directors or trustees thereof for the time aged by directors 
 being, appointed as hereinafter, or by any by-law of the""™'*^- 
 corporation provided, who, or a majority of whom,_ may 
 exercise all the powers of the corporation and act in its 
 
 name and on its behalf, and use its seal, subject always to 
 
608 LIBRAEY ASSOCIATIONS AND INSTITUTES. [PART L 
 
 Chap. 81. any provisions touching the exercise of such powers in the 
 
 declaration aforesaid or in any by-law of the corporation. 
 MakiEf of bj'- 10. Such trustees or a majority of them may make- 
 '*"'■ by-laws binding the members and officers of such cor- 
 
 poration, and all others who agree to be bound by them,, 
 for all purposes relative to the affairs and business of the 
 corporation ; except as to matters touching which it is- 
 provided by the declaration that by-laws shall be made in 
 some other manner. 
 Election of ofli- 11. The members of every such corporation may at- 
 ""'■ their annual meeting, to be held on the day appointed by a 
 
 by-law of the corporation, choose from among themselves- 
 a president, and may appoint (except it be otherwise 
 provided in the declaration and by-laws) a librarian, 
 treasurer, secretary, lecturer, and such other officers and 
 servants of the coi'poration as are required, and when 
 necessary fix and pay their remuneration, and may also- 
 choose a board of directors and trustees of such corpora- 
 tion, who shall hold office for one year or such further 
 time as may be hereafter limited or permitted. 
 Election of trua- 12. A failure to elect trustees on any daj'' appointed 
 ^^^' for that purpose bj"^ the declaration or by any by-law& 
 
 shall not cause the dissolution of the corporation ; but the 
 trustees then in office shall remain in office until their 
 successors ai-e elected, which may be (if no other provision 
 be made therefor by the declaration or by-laws) at any 
 meeting of the members of the corporation at which a 
 majority of such members are present, in whatever way 
 such meeting may have been called. 
 Fiiie for contra- 13. Every such corporation may by its bj'-laws impose- 
 a fine, not exceeding four 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 
 by-laws for the contravention whereof it is imposed. 
 Recovery of fines 14. Any such fine if incurred, and any subscription or 
 tions. ™ ^°"''' other sum of money which any member may have agreed 
 to pay to the corporation for his subscription to the funds 
 of the corporation for any certain time, or for the loan of 
 any 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, 
 corporation, may be recovered by the corporation by action 
 in any court having jurisdiction in civil matters to the 
 amount, on allegation and proof of the signature of the 
 defendant to some writing by which he has undertaken to 
 pay such subscription or to obey such by-law, and of the 
 breach of such undertaking, which breach as regards a 
 promise to pay any sum of money shall be presumed until 
 
TITLE XVIII.] INCORPORATED SURETIES FOR OFFICERS. 609 
 
 the contrary is shown, and as regards the contravention of Chap . 82. 
 any such by-law may be proved by the oath of any one ' 
 
 credible witness. 
 
 15. In any action to which the corporation may be aj", o"^tio^' °' 
 .party any member or officer of the corporation shall be a members co'mpe- 
 competent witness, and a copy of any by-law bearing the '""' ''""«'s«'- 
 signature of the defendant, or bearing the seal of the 
 ■corporation and the signature of some person purporting 
 
 to have affixed such seal by authority of the corporation, 
 shall be priTnd facie evidence of such by-law. 
 
 16. Any fine incurred may be recovered in like manner Recovery of fines, 
 as a subscription or other suni of money ; and all fines 
 
 «o recovered shall belong to the corporation for the use 
 thereof. 
 
 17. Any such corporation may if so stated in the corporatton may 
 declaration be at the same time an institute ^nd library institute and 
 association, or either of them, and their business shall tjo"'^ assoaa- 
 accordingly be the ordinary and usual business of a librarj'^ 
 
 and scientific institute or of a library association, or both, 
 as the case may be, for the proper and convenient carrying 
 on of such business or objects, and their funds and 
 property shall be appropriated and used for purposes 
 legitimately appertaining to such business and objects, and 
 for no other. 
 
 OHAPTEE 82. 
 
 OF INCORPORATED SURETIES FOR OFFICERS. 
 
 1. The Governor may by Order-in-Council direct that Governor-m- 
 
 1 1 T /» • • J i • -i. Council may ac- 
 
 whenever any public officer is required to give security cept security ot 
 for the due fulfilment of his duty, or of any obligation '^^^yf^ 
 undertaken towards the Crown, the bond or policy of 
 guarantee of any incorporated or joint stock company, 
 incorporated and empowered to become the sureties of 
 public 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. 
 
 2. Notwithstanding anything in any Act of the -Legis- ^™\/«™ritj9 
 lature of this Province passed with respect to benevolent from other th»Q 
 societies, building societies, or to any incorporated insur- ''"''^'° °"°°"- 
 ance company, municipal or other corporation, the bonds 
 
 40 
 
610 INCOEPOEATED SUEETIES FOR OFFICEES. [PART I. 
 
 Chap. 82. or policies of guarantee of any such assurance society, 
 ' or of any incorporated or joint stock company, formed and 
 
 empowered for like purposes, may be accepted instead of, 
 or in addition to, the bond or security of any officer or 
 servant of such institution or corporation, in all such cases 
 ■where by the provisions of such Act, or of any by-law or 
 rule of such institution or corporation, such officer or ser- 
 vant is required to give security, either by himself or by 
 himself or a surety or sureties, and where the parties directed 
 or authorized to take such securitj' see fit to accept the bond 
 or policy of any such assurance society or other like 
 company, and approve the terms and conditions thereof ; 
 and all the provisions in any such Act relating to such 
 security to be given by any such officer or servant or his 
 sureties shall apply to the bonds and policies of guarantee 
 of any such assurance society, or any other such like 
 company, which may be taken instead of, or in substitution 
 for, any existing securities, if the parties directed or 
 authorized as aforesaid see fit ; whereupon such existing 
 securities shall be delivered up to be cancelled. 
 
 Company's bonds 3. Notwithstanding the provisions of any Act of the 
 Tif ° ""*'''' Legislature of the Province of Nova Scotia the bonds or 
 policies of guarantee of any such incorporated company, 
 empowered to grant guarantee bonds or policies for the 
 integrity and faithful accounting of public officers or 
 others, or for like purposes, as shall be approved for this 
 purpose by the Governor-in-Council, may be accepted by 
 any judge or other person authorized or required to take 
 security for the due performance of any duty, instead of 
 or in addition to the bond or security of a surety or 
 sureties, if such judge or other person sees fit to accept 
 such bond or policy as aforesaid, and approves the con- 
 ditions and terms thereof ; and all the provisions of any 
 such Act relating to the security to be given by any 
 person to whom any duty is committed, or his security or 
 securities, shall apply to the bonds or policies of guarantee 
 of such company as aforesaid. 
 
 Proviaion as to 4. The interim receipt of such company may be 
 in nmreceip. g^g^gp^gjj jjj jjgy ^f ^^j^g formal Security, but the formal 
 security shall be completed within one month. 
 
title xviii.] registration of partnerships. 611 
 
 Chap. 83. 
 CHAPTER 83. 
 
 OF PARTNERSHIPS AND THE REGISTRATION OF PARTNERSHIPS. 
 
 1. All persons associated in partnership for trading, Declaration or 
 
 - , r . . , r f ,=• partnership to 
 
 manutacturing, mining or other purposes, shall cause to be be registered, 
 delivered to the registrar of deeds of the county or district 
 in which they carry or intend to carry on business a 
 declaration in writing signed by the several members of 
 such co-partnership. If however any of the said members Provisions in re- 
 are absent from the place where they carry or intend to 'o-members. 
 carry on business at the time of making the declaration, 
 then the declaration shall be signed by the members present, 
 in their own names and also for their absent co-members, 
 under their special authority to that effect, and such 
 special authority shall be at the same time filed with the 
 registrar of deeds, and annexed to the declaration. 
 
 2. When the persons so associated are resident out of ^"^n'^^^f^* ^g. 
 the Province, and are doing business in the Province by>ng business by 
 an attorney, agent, or other representative, such declaration 
 
 may be signed by such attorney, agent, or other represen- 
 tative, under special authority of the persons .so associated, 
 and such special authority shall be annexed to the 
 declaration and filed at the same time with the registrar 
 of deeds, and the form of the declaration shall be modified 
 accordingly. 
 
 3. The said declaration shall be in the form or to theR«q^j|«f/^ »« 
 eflfect of schedule A to this Chapter, and shall contain the 
 names, surnames, additions and residences of each and 
 
 every partner as aforesaid, and the name, style, or firm 
 under which they carry on or intend to carry on such 
 business, and shall state also the time during which the 
 partnership has existed, and declare that the persons 
 therein named are the only members of such co-partnership. 
 
 4. The said declaration shall be filed within ^^i'^® J^^|,^^'(,n*''°^ 
 months next after the formation of such partnership. 
 
 5. A similar declaration shall in like manner be filed, D«»i»'"^«on^^ ^ 
 when and so often as any change or alteration takes place partnership. 
 
 in the membership of such partnership, or in the name, 
 style or firm under which they intend to carry on business, 
 or in the place of residence of each member of said firm, 
 and every new declaration shall state the alteration in the 
 partnership. 
 
 6 The allegations made in the declarations aforesaid Allegations 
 
 o , 11 when not con* 
 
 shall not be controvertible as against any _ party by any trovortibie. 
 person who has signed the same, nor as against any party 
 not being a member of the partnership by any person who 
 
612 REGISTRATION OF PARTNERSHIPS. [PART I. 
 
 Chap. 83. has signed the same, or who was really a member of thp 
 ' partnership therein mentioned at the time such declarationo 
 
 were respectively made. 
 Liability of 7. Until a new declaration is made and filed by him, 
 
 or by his co-partners, or the attorney, agent, or representa- 
 tive of such non-resident co-partner, no such signer or 
 non-resident co-partner, or any of them as aforesaid, shall 
 be deemed to have ceased to be a partners ; but nothing 
 herein contained shall exempt from liability any person 
 who being a partner fails to declare the same as already 
 provided, and such person may, notwithstanding such 
 omission, be sued jointly with the partners mentioned in 
 the declaration, or they may be sued alone, and if judgment 
 is recovered against them, any other partner or partners 
 may be sued jointly or severally, in an action on the 
 original cause of action upon which such judgment was 
 rendered ; nor shall anything in this Chapter be construed 
 to affect the rights of any partners with regard to each 
 other, except that no such declaration as aforesaid shall be 
 controverted by any signer thereof. 
 
 Service of pro- Service of process on the attornej'^, agent, or repre- 
 "^™" sentative of such non-resident co-partners shall be deemed 
 
 good service on the said co-partner or co-partners ; 
 provided always that the said attorney, agent, or repre- 
 sentative may apply to the judge or the court and 
 obtain time to consult his principal. The attorney, agent, 
 or representative of such non-resident co-partner or 
 co-partners shall file with the registrar of deeds his 
 authorization to act as such attorney, agent, or representa- 
 tive, verified under oath, and certified before a notary 
 public. 
 Declaration of 8. Upon the dissolution of any partnership, any or all 
 partnereWp. °'of the persons who composed such partnership may sign 
 a declaration certifying the dissolution of the partnership. 
 Such declaration may be in the form of schedule B to this 
 Chapter. 
 Action, how 9. If any persons are associated as partners for the 
 
 deckration filed! purpose of trade or other business, and no declaration is 
 filed under this Chapter with regard to such partnership, 
 then any action which might be brought against all the 
 members of the partnership may also be brought against 
 any one or more or them, as carrying on or as having 
 carried on business jointly with others, without naming 
 such others in the writ or declaration under the name and 
 style of their said co-partnership firm; and if judgment 
 be recovered against him or them, any other partner or 
 partners may be sued jointly or severally on the original 
 cause of action on which such judgment is rendered. If 
 
TITLE XVIII.] REGISTRATION OF PARTNERSHIPS. 613 
 
 an}' such action be founded on any obligation or instru- Ghap. 83. 
 ment in writing in which all or any of the partners bound 
 by it are named, then all the partners named therein shall 
 be made parties to such action ; and any judgment rendered 
 again.st any member of such existing co-partnership for a 
 partnership debt or liability may be executed by process 
 of execution against all and every the partnership stock, 
 property and effects in the same manner and to the same 
 extent as if such judgment had been rendered against 
 such co-partnership. 
 
 10. Every person who is engaged in business for trading, Person using 
 
 „ „ j; , • • ■ i. I 1 1 • J. business style to 
 
 manutactunng or mining, or other purposes, and who is not me declaration, 
 associated in partnership with any other person or persons, 
 but who uses as his business style some name or designa- 
 tion other than his own name, or who in such style uses 
 his own name with the addition of " and company," or 
 some other word or phrase indicating a plurality of members 
 in the firm, shall cause to be delivered to the registrar of 
 deeds of the county or district in which such person carries 
 on or intends to carry on business, a declaration in writing 
 signed by such person. And in case such person is resident 
 out of the Province, and carries. on business by an attorney, 
 agent, or other representative in the Province, such 
 declaration may be made by such agent, attorney or 
 representative, under special authority, which shall be 
 filed with and at the same time as the declaration. 
 
 11. Such declaration shall contain the name, surname, whatdeciaration, 
 addition, and residence of the person making the same, ^'''•" ''°"'°''°' 
 and the name, style, or firm under which he carries on or 
 
 intends to carry on business, and shall also state that no 
 other person is associated with him in partnership ; and in 
 the case of a person residing out of the Province, and 
 doing business in the Province by an agent, attorney, or 
 other representative, the declaration shall state in addition 
 with certainty the street and number of his place of 
 residence or business. 
 
 12. Such declaration shall be filed within three months Time of ming. 
 of the time when such style is first used. 
 
 13 Every member of any partnership, and every Forfeiture for 
 
 , , *^ ■, . . ,T i"-Ll* j.T_ non-compliance 
 
 person doing business in the manner described in the with chapter, 
 tenth section of this Chapter who fails to comply with the 
 requirements of this Chapter, shall forfeit the sum of not 
 less than twenty nor more than one hundred dollars, to be 
 recovered before any court of competent jurisdiction by 
 any person suing as well in his own behalf as on behalf of 
 Her Majesty ; and half of such penalty shall belong to the 
 Crown for the uses of the county or district, and the other 
 half to the party suing for the same, unless the suit is 
 
Index Book." 
 
 614 REGISTRATION OF PARTNERSHIPS. [PART I. 
 
 Chap, 8S. brought, as it may be, on behalf of the Crown only, in 
 which case the whole of the penalty shall belong to Her 
 Majesty for the uses aforesaid. 
 
 Eegistmr to re- 14. It shall be the duty of the registrar of deeds to 
 
 cord declaration. gjjj.gj. g^jj declarations made under this Chapter, in the 
 
 order in which the same are received, in a book to be kept 
 
 by him for that purpose, which shall at all times during 
 
 office hours be open to the inspection of the public 
 
 gratuitously ; and for registering each such declai'ation the 
 
 registrar of deeds shall be entitled to receive from the 
 
 person filing the same the sum of twenty-five cents if it 
 
 does not contain more than one hundred words, and at the 
 
 rate of ten cents per hundred words for all above the 
 
 number of one hundred. 
 
 Registrar to keep 15. It shall be the duty of each registrar to keep two 
 
 'alphabetical index books of all declarations delivered to 
 
 him, in pursuance of the provisions of this Chapter. 
 
 form of ''Firm 16. In One of such books, hereinafter Called the " Firm 
 Index Book," the registrar shall enter in alphabetical order 
 the style of the respective firms in respect to which 
 declarations have been delivered to him, and shall place 
 opposite such entry the names of the person or persons 
 composing such firm, and the date of the receipt by him of 
 the declaration, in the manner shown in the form of " Firm 
 Index Book" given in schedule C to this Chapter. 
 
 r.o™ 0' "iidi- 17. In the second of such books, hereinafter called the 
 Book." " Individual Index Book," the registrar shall enter in 
 
 alphabetical order the names of the respective members of 
 each of such firms, and shall place opposite such entry the 
 style of the firm of which such person is a member, and the 
 date of the receipt of the declaration, in the manner shown 
 in the form of " Individual Index Book " given in schedule 
 D to this Chapter. 
 
 Registrar's fees. 18. The registrar of deeds shall be entitled to charge 
 for searches the following fees and no more : 
 
 For searching in " Firm Index " — each firm ten cents. 
 For searching in " Individual Index " — each name ten 
 cents. 
 
 For each certificate when required — twenty-five cents. 
 
 Names of part- 19. In all cases where a firm name is used the name or 
 
 tm he'^s,''&c.™ names of the person or persons composing the firm shall be 
 
 distinctly written or printed on all the bill heads and 
 
 letters made or issued by the firm. 
 
 Not to apply to 20. Nothing in the foregoing provisions of this Chapter 
 
 hips! ^*' "" shall be held to apply to cases arising under the provisions 
 
 hereinafter contained as to limited partnerships. 
 
TITLE XVIII.] KEGISTRATION OF PARTNERSHIPS. 615 
 
 21. In cases of partnership where two partners only Chap. 83. 
 are concerned, and their partnership shall have terminated, vvh™ co-part- 
 either of them may file a petition in the Supreme Court ^J^J^'p*"™]; 
 stating the facts respecting their dealings, and praying the '"ss in Supreme 
 aid of the court. A writ of summons shall thereupon *'''""^' 
 issue against the partner complained of, in the usual manner. 
 
 22. A copy of the petition shall be served on the copy of petition, 
 partner complained of at the time of the service of the*''''"''^'^''™'^ 
 summons. 
 
 23. On the return of the summons, if it shall be shewn court may order 
 to the court that the partnership consisted of two persons '"^ iraors. 
 only, the court shall by rule direct each partner to select 
 
 one fit person as an arbitrator between them. 
 
 24. If the partners do not within the time specified by Court may ap- 
 the court select two such persons, the court shall appoint «°here%artier 
 two persons to act as arbitrators. negieot. 
 
 25. The two persons so appointed shall select one Arbitrators aiiaii 
 other person, and they with such person shall be arbitrators person. 
 
 to examine and settle the partnership dealings. 
 
 26. The arbitrators before commencing such examina- Arbitrators to be 
 tion shall make before a judge or commissioner the following ^™™ 
 affidavit, which shall be filed in the Prothonotary's office. 
 
 We A. B., 0. D., and E. F., do hereby solemnly swear Form of oatii. 
 honestly and fairly to settle the partnership accounts and 
 dealings of G. H., and J. L., to the best of our knowledge 
 and ability. 
 
 Sworn at before me this day of 
 
 18—. 
 
 G. H., J. P. A. B. 
 
 0. D. 
 E. F. 
 
 27. The arbitrators shall then order the production of Mode of proceed- 
 all books, papers and accounts, relative to the partnership tofapJeseribei' 
 dealings, and shall appoint such times and places as may 
 
 appear expedient for the investigation of the partnership 
 dealings and the examination of the partners and their 
 witnesses. If either of the partners after due notice shall 
 fail to attend, the arbitrators shall proceed ex parte. 
 
 28. Witnesses shall be summoned to attend before the ^°^^5*°j,®°'°'^'^^ 
 arbitrator by subpoena in the usual form, and if upon wit^sLT 
 beino- duly summoned they shall neglect to attend and give 
 evidence, they shall be liable to the same penalties as 
 witnesses are subject to who neglect to attend the Supreme 
 
 Court on subpoena ; and the Supreme Court on application 
 to them for that purpose shall enforce the same. 
 
616 REGISTRATION OF PARTNERSHIPS. [PART I. 
 
 Chap. 83. 29. The arbitrators shall examine the partners and 
 
 Parties and wit- their Witnesses upon oath, to be administered by any one of 
 
 amfned*" awa?d ^^^ arbitrators, and shall make an award in favor of such 
 
 how made ijudg- party as they or two of them shall find justly entitled 
 
 tered! thereto, which shall be filed in the prothonotary's office;. 
 
 and judgment shall be entered for the amount thereof, with 
 
 or without costs, as directed by the arbitrators in their 
 
 award, at the next term, if no sufficient objection be made 
 
 thereto. 
 
 Execution to is- 30. Execution may be issued on such judgment in the 
 expenses! ^ from usual course, and the arbitrators or any two of them shall 
 reraverabie. '^°'^ have power to direct the costs of the proceedings, including^ 
 reasonable compensation for their services, to be taxed and 
 allowed by the court, to be paid by either of the partners, 
 and in such manner as the arbitrators or any two of them 
 shall direct ; and the court shall enforce such payment by 
 attachment or otherwise. 
 
 Judgment when 31. Neither of the partners shall after such adjudi- 
 
 entered shall be i* i* • j.t. o /"( j. 
 
 final. cation commence any proceedings in the bupreme Court 
 
 touching the partnership dealings, and the judgment of 
 the Supreme Court under the above provisions shall be 
 final. In proceedings in the Supreme Court for the 
 settlement of partnership dealings under this Chapter, a.^ 
 judge at chambers may make any order therein, subject to 
 appeal to the court in term. 
 
 LIMITED PAETNEKSHIPS. 
 
 Limited part- 32. Two Or more persons may enter into and form' 
 foraed^' '^"'^ limited partnerships for the transaction of mercantile, 
 Objects. mechanical, or manufacturing business^ upon the terms, 
 
 with the rights and powers and subject to the conditions 
 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 
 upon loss by fire, or upon any life. Such partnerships may 
 consist of one or more persons called general partners, who 
 shall be responsible as general partners now are, and of one 
 or more persons, who shall contribute in actual cash- 
 payments a specific sum as capital to the common stock,, 
 called special partners. Special partners shall not be liable 
 for the debts of the partnership beyond the fund so- 
 contributed by them to the capital, except in cases 
 hereafter mentioned. The general partners only shall be 
 authorized to transact the business of the partnership and 
 bind the same by the signature of the partnership name or 
 otherwise. 
 
TITLE XVIII.] KEGISTRATION OF PARTNERSHIPS. 617 
 
 i^^V ■^®''^°"^ desirous of forming such partnerships Chap. 83. 
 shall, before the same shall go into operation, make and certificates and 
 severally sign a certificate containing the name of the firm Peld^irin IZ 
 under which such partnership is to be conducted, theofi™«e<i part- 
 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 shall be acknow- 
 ledged by the several persons signing the same before a 
 judge of the Supreme or County Court or justice of the 
 peace ; and such acknowledgment shall be certified in 
 writing on such certificate by the person before whom the 
 same is made. The certificate so acknowledged and 
 certified shall be filed in the office of the registrar of deeds 
 of the county or district where the principal place of 
 business of the partnership shall be situated, and shall be 
 recorded by him at large in a book to be kept for that 
 purpose, open to public inspection ; and if the partnership 
 shall have places of business situated in diflferent counties 
 or districts, a transcript of the certificate and of the 
 acknowledgment thereof, duly certified by such registrar, 
 shall be filed and recorded in like manner in the office of 
 the registrar of every such county or district. 
 
 34. An affidavit of one or more of the general partners certificates to be- 
 and also of one or more of the special partners shall also atoatii.^ 
 
 the same time be filed in the same office, stating that the 
 sums specified in the certificate to have been contributed 
 by each of the special partners to the common stock, have 
 been actually and in good faith paid in cash ; and no such 
 partnership shall be deemed to have been formed until a 
 certificate shall have been made, acknowledged, filed and 
 recorded, and an affidavit tiled as above directed ; and, if 
 any false statement be made in such certificate or affidavit, 
 all persons interested in such partnership shall be liable as 
 general partners. 
 
 35. The terms of every such partnership when regis- Pubrieation in 
 tered shall immediately be published at least six weeks in by^Sdwils.'^" ^ 
 the Royal Gazette and one other newspaper published in 
 Halifax, and by hkndbills posted up in some public places 
 
 in the township in which the business of the partnership 
 shall be carried on. If such publication be not so made, 
 such partnership shall be deemed general. Affidavits 
 taken before a justice, of the publication of such notice by 
 the printers of newspapers who shall have published the 
 same, and by the persons who shall have posted the 
 
•618 REGISTRATION OF PARTNERSHIPS. [PART I. 
 
 Chap. 83. handbills, may be filed with the registrar with whom the 
 certificate of the partnership shall have been filed, and 
 shall be evidence thereof. 
 Eenewais of lim- 36. Every renewal or continuance of any such partner- 
 ships, how pro- ship beyond the time originally fixed for its duration shall 
 Tided tor. ^^ certified, acknowledged and recorded, and an affidavit of 
 a general and special partner made and filed, and notice 
 given in the manner herein required for its original 
 formation ; every such partnership otherwise renewed or 
 continued shall be deemed a general partnership. 
 Alterations in 37. Everv alteration made in the names of the 
 stitute^%artn°r- partners, the nature of the business, or the capital or shares 
 lesf ta"*oie"ot*'^®^®''^> '^^ ^^ ^^y other matter specified in the original 
 jenewai. certificate, shall be deemed a dissolution of the partnership; 
 
 and every such partnership carried on after any alteration 
 shall be deemed a general partnership, unless renewed as a 
 special partnership according to the provisions of the 
 foregoing section. 
 'hr''^'^ und"r '' ^^" '^^® business of the partnership shall be conducted 
 what'namea con- under a firm in the names of the general partners only, 
 ducted. without the addition of the word company or any other 
 
 general term ; and any special partner whose name shall 
 be used in such firm with his privity shall be deemed a 
 general partner. 
 Actions to be in 39. Actions and suits in relation to the business of 
 partner! ^^"^"^^ the partnership may be brought and conducted by and 
 against the general partners, as if there were no special 
 partners. 
 Regulations as 40. No part of the sum contributed by a special partner 
 and^dfatribution to the Capital stock shall be withdrawn 'by him or paid or 
 of profits. transferred to him in the shape of dividends, profits or 
 otherwise, at any time during the continuance of the 
 partnership ; but a partner may annually receive lawful 
 interest on the sum so contributed by him, if payment 
 thereof shall not reduce the original capital ; and if after 
 the payment of such interest any pi'ofit shall remain to be 
 divided, he may also receive his portion of such profit ; but 
 if it shall appear that by the payment of interest or 
 profits to any special partner the original capital has been 
 reduced, the partner receiving the same shall restore the 
 amount necessary to make good his share of capital, with 
 interest. 
 Special partners 41. A Special partner may from time to time examine 
 shall not Iran"- luto the statc and progress of the partnership concerns, and 
 partnerswp! '""^ may advise as to their management, but he shall not 
 transact any business on account of the partnership, nor be 
 employed for that purpose as agent, attorney, or otherwise ; 
 and if he shall interfere contrary to these provisions he 
 
TITLE XVIII.] REGISTRATION OF PARTNERSHIPS. 619 
 
 shall be deemed a general partner. General partners shall Ohap. 83. 
 be liable to account to each other and to the special partners 
 for their management of the concern, as other partners now 
 are. 
 
 42. A partner guilty of any fraud in the affairs of Liability ot part- 
 such partnership shall be liable civilly to the party injured"'""""'™'" " 
 to the extent of the damage. 
 
 43. Every sale, assignment, or transfer of any of the Preferential as- 
 
 1 ir L r 1 1. p 1 signment void as 
 
 property or ettects or such partnership, or ot a general or against creditora 
 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, lien created, or 
 security given by such partnership, or general or special 
 partner, under the like circumstances and with the like 
 intent, shall be void, as against the creditors of the 
 partnership. A special partner who shall violate any 
 provision of this Chapter, or concur in, or assent to any 
 such violation by the partnership, or by any individual 
 partner, shall be liable as a general partner. 
 
 44. In case of the insolvency or bankruptcy of t^e "^Jlfj'"/ °'^™^ 
 partnership, no special partner shall, under any circum- 
 stances, be allowed to claim as a creditor, until the claims 
 
 of all other creditors of the partnership are satisfied. 
 
 45. No dissolution of such partnership by the acts of Dissolution, now 
 
 . ■ I ji J- 'i^ J effected. 
 
 the parties shall take place previous to the time specmed 
 in the certificate of its formation or in the certificate of its 
 renewal, until a notice of such dissolution shall have been 
 filed and recorded in the registrar's ofiice in which the 
 original certificate was recorded, and published once in 
 each week for four weeks in the Royal Gazette, and in 
 some other newspaper printed in each of the counties where 
 the partnership may have places of business. 
 
 SUEETIES TO OB FOB FIBMS. 
 
 46. No promise made to answer for the debt, default, sureti^a^^ to ^or 
 or miscarriage of another, made to a firm consisting of anawerabie after 
 two or more persons, or to a single person trading under J^^Xp.'" ^^"" 
 the name of a firm, and no promise to answer for the debt, 
 default, or miscarriage of a firm, consisting of two or more 
 persons, or of a single person trading under the name of a 
 
 firm, shall be binding on the person making such promise 
 in respect of anything done or omitted to be done after a 
 change shall have taken place in any one or more of the 
 persons constituting the firm, or in the person trading 
 under the name of a firm, unless the intention of the 
 
620 BEGISTRATION OF PARTNERSHIPS. [PAET I, 
 
 Chap. 83. parties that such promise shall continue to be binding- 
 notwithstanding such change shall appear either by express 
 stipulation, or by necessary implication from the nature of 
 the firm or otherwise. 
 *f?t to conflict 47. Nothing in this Chapter shall be construed to 
 legislation, Contravene or conflict with any legislation (intra vires) 
 of the Parliament of the Dominion of Canada. 
 
 SCHEDTJL^IS. 
 
 A. 
 
 Declaration of Go-Partnership. 
 
 Province of Nova Scotia, | 
 
 County of . j 
 
 We, , of , in , (occupation) and 
 
 , of , in , (occupation) hereby certify : 
 
 1. That we have carried on and intend to carry on 
 
 trade and business as , at , in partnership 
 
 under the name and firm of , or I, (or we) the 
 
 undersigned of , in , hereby certify that I 
 
 (or we) have carried on and intend to carry on trade and 
 
 business as , at , in partnership with C. 13. 
 
 of , and E. F. , of , (as the case may be.) 
 
 2. That the said partnership has subsisted since the 
 day of , one thousand eight hundred and . 
 
 3. And that we (or I), (or we) and the said C. D. and 
 
 E. F. , are and have been since the said day the only 
 
 members of the said partnership. 
 
 Witness our hands at , this day of , 
 
 one thousand eight hundred and eighty . 
 
 B. 
 
 Declaration of Dissolution of Partnership. 
 
 Province of Nova Scotia, ) 
 County of . j 
 
 I, , formerly a member of the firm carrying on 
 
 business as , at , in the County of ,. 
 
 under the style of , do hereby certify that the said 
 
 partnership was on the day of , dissolved. 
 
 Witness my hand at , the day of , 
 
 one thousand eight hundred and eighty . 
 
TITLE XVIII.] EEGISTEATION OF PARTNERSHIPS. 
 
 (1 
 
 621 
 Chap. 83. 
 
 Firm Index Booh. 
 
 style of Firm. 
 
 John Smith & Co. 
 
 Names of Persons compos- 
 ing the Firm. 
 
 John Smith, 
 William Brown, 
 Charles E-obinson. 
 
 Date of Filing Declaration, 
 
 July 1, 1883. 
 
 D. 
 
 Individual Index Booh 
 
 Name of Individual. 
 
 Style of Firm of which a 
 Member. 
 
 Date of Filing Declaration. 
 
 George Wilson. 
 
 Geo. Wilson & Co. 
 
 July 1, 1883. 
 
title x1x.j eegistry of deeds. 625 
 
 Chap. 84. 
 
 PART 11. 
 
 OF PROPERTY, AND THE DOMESTIC RELATIONS. 
 
 TITLE XIX. 
 
 OF REAL PROPERTY, AND THE ALIENATION 
 THEREOF. 
 
 CHAPTER 84. 
 
 OF THE EEGISTRY OF DEEDS AND ENCaMBRANCES AFFECTING 
 
 LANDS. 
 
 1. The Governor-in-Council may appoint a registrar of Registrars of 
 deeds for every county in the Province, and for every ported ; *"depS- 
 district in which such appointments are now made. Such p^ited^°J^ ce?^ 
 registrar may, with the approbation of the Governor-in- '=''■» ''^^^^ 
 Council, appoint a deputy, who may perform all the duties 
 
 of the registrar, and for all whose acts the registrar and 
 his sureties shall be responsible. 
 
 2. Fire proof safes shall be provided in the several rire proof safes 
 counties and districts, for the preservation of the records, '° ^^ provided, 
 books, and papers of the registry. 
 
 3. The municipal council shall provide for the custody Provisions for 
 and safe keeping of the books of registry, and see that of b^i^l'it^r'etia- 
 they with the indexes are placed and kept in good and*"^^'- 
 efficient condition ; and shall assess upon the municipality 
 
 with the municipal rates such sums as may be necessary 
 from time to time in the premises. 
 
 4. No registrar shall enter upon the duties of his office Bond to be 
 until he shall have given bond to Her Majesty, with such*'^'"' 
 sureties and to such amount and in such form as the 
 Governor-in-Council may direct, for the faithful perform- 
 ance of the duties of his office, and the indemnifying of all 
 parties- who ma^' be injured by his default or misconduct, 
 
 nor until he shall have satisfied the Governor-in-Council 
 that he has provided a suitable place for the custody of all 
 deeds, papers, and books of registry, which may come to 
 his charge or keeping. 
 
624 REGISTRY OF DEEDS. [PAET Ii; 
 
 Chap. 84. 5. Every registrar shall fuvnish well bound books, of a 
 Books of regis- ^iiid to be approved of by the Governor-in-Couneil, as 
 v^'d'tiTi ^nd suitable for the registry of deeds and encumbrances 
 and quality. affecting lands, in which books such encumbrances and 
 
 deeds shall be registered. 
 Double indexes 6. A double index to the books of registry shall be 
 iL'tiy°keptf '"^ made and kept by every registrar, including in case of 
 deeds the names of all the grantors and grantees, and in 
 case of judgments and attachments, the names of all the 
 plaintiffs and defendants. 
 Double indexes 7. A doublc index shall be made and kept in like 
 try^kept. °' ™" manner by every registrar, of all deeds proved and lodged 
 in his office, and of all dockets of judgments and attach- 
 ments lodged therein ; in which ever}' deed shall be entered 
 so soon as it is proved and lodged, and every docket of 
 judgment or attachment when lodged. 
 Deeds, &c., re- 8. All deeds, judgments, and attachments affecting 
 lands lie. lands shall be registered in the office of the county or 
 
 district in which the lands lie. 
 Deeds copied so 9. All decds shall be copied into the books of registry, 
 CTipte, pfanTea- SO as to be as near as possible transcripts of the originals ; 
 tered in books, g^jj^j copies of any plans and schedules annexed shall 
 
 likewise be entered in the books. 
 Deeds, how prov- 10. Deeds within the Province may be proved, first, 
 rov- ypQjj ^jjg oath of one of the subscribing witnefees to the 
 
 mce. 
 
 due execution thereof by the parties executing the same ; 
 
 or, secondly, upon the personal acknowledgment by the 
 
 parties under oath of the due execution thereof. 
 
 Oaths adminis- H. Such oath may be administered by the registrar 
 
 trars, jndges^oi of the county or district, and shall be so certified upon 
 
 certiSte''^to'^' the deed J or it may be administered by a judge of the 
 
 shew date. Supreme Court, or a justice of the peace, or by any other 
 
 reofistrar, who shall sign a certificate thereof, declaring the 
 
 date of the attestation on the deed, and the same shall be 
 
 registered thereupon along with such certificate. 
 
 Provisions in 12. In case all the subscribing witnesses to the 
 
 Xence^of* sub- cxccution of a deed by all or any of the parties thereto, 
 
 M^e"^ ''''■ shall be dead or absent from the Province, the registrar 
 
 shall register the deed upon sufficient proof of such death 
 
 or absence, and of the handwriting of any one of the 
 
 subscribing witnesses thereto, or of the handwriting of the 
 
 party or parties who have executed the same, to be made 
 
 before him or any other registrar or a judge of the Supreme 
 
 Court, upon oath. Such oath to be endorsed upon the deed 
 
 or annexed thereto and registered therewith. 
 
 Deeds, how 13. Dccds may be proved out of the Province, as well 
 
 Province."" ° in foreign countries as in the British dominions, by the 
 
 oath of a subscribing witness or the acknowledgment of 
 
TITLE XIX.] REGISTRY OF DEEDS. 625 
 
 the parties under oath, as in the tenth section. Such oath, Chap. 84. 
 to be administered by a commissioner appointed to take 
 affidavits without the Province, 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 such 
 attestation with the date, shall be certified in writing on 
 the said deed by such public functionary ; and in the case 
 of such oath being taken before a justice of the peace, his 
 certificate shall be authenticated 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, 
 
 14. Where a deed shall have been duly proved and Deeds, &c, duly 
 lodged, or the docket of a judgment, or the copy of a writFo'dKed for^resris- 
 of attachment with the de.scription and appraisement, duly JJJj,j''jI.o„/j{j^^j 
 lodged as above for registry, the time when the same shall »' beinn loduod, 
 have been so proved or lodged shall be accounted the date 
 
 of the registry of such deed, judgment, or attachment, 
 respectively ; and the same shall be registered in the same 
 order in which they were so lodged or proved ; 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 numV)er of the hook, 
 and the numbers of the pages containing the registry. 
 
 15. The registry of a deed executed by virtue of a when deed is 
 power of attorney shall not be valid unless such power power ot attor- 
 or a deed subsequently confirming the authority given ^1^,'^^?^,°/^^"'' 
 thereby, shall be registered in the ofiice of the county or 
 
 district where the lands lie. 
 
 16. Process of subpoena may be issued out of thesubpoana may 
 Supreme Court as in ordinary cases, and with the necessary "ttandancr^^of 
 variation in form, to compel the attendance of any witness proSuction' 'of 
 to, or the production of, any deed for proof thereof that d«ed (or registry, 
 the same be registered; and the court or a judge shall 
 
 have the like power to punish any disobedience to such 
 subpoena in the same manner and to the same extent as in 
 other cases ; but no witness shall be compelled to produce 
 under such subpoena any deed which he would not be 
 compelled to produce on trial. 
 
 17. The certificate of registry endorsed on any deed.certifioate ot 
 docket of judgment, or attachment, and signed by theJ^f^^J^^ 5° ^^,*. 
 registrar, shall be taken and allowed in all courts asoenoe. 
 evidence of the registry, 
 
 41 
 
626 EEGISTKY OF DEEDS, [PART 11, 
 
 Chap. 84. 18. Deeds or mortgages of lands duly executed but not 
 Deeds to have registered shall be void against any subsequent purchaser, 
 dato"o7 reeistry o'' mortgagee for valuable consideration, who shall first 
 
 register his deed or mortgage of such lands. 
 Mortage, &c., 19. Jfo mortgage, judgment, or other encumbrance 
 tacked. affecting lands, shall have any priority or effect by reason 
 
 of being held by or vested in the same person with another 
 mortgage or encumbrance of prior date and registry. 
 Mortgages, how 20, Mortgages shall no longer be discharged by 
 re ease . certificate of release, but the release itself shall refer to 
 
 the registry of the mortgage, and need not contain the 
 description of the premises at full length ; and the same 
 shall be recorded like other deeds, and a marginal note 
 thereof shall be made by the registrar, without further fee, 
 on the book of registry of the mortgage referring to the 
 registry of the release. 
 
 Judgments to 21. A judgment duly recovered and docketed .shall 
 date o*"regi3try! bind the lands of the party against whom the judgment 
 shall have passed, from and after the registry thereof in 
 the county or district wherein the lands are situate, a* 
 effectually as a mortgage, whether such lands shall have 
 been acquired before or after the registering of such 
 judgment; and deeds or mortgages of such lands, duly 
 executed but not registered, shall be void against the 
 judgment creditor who shall first register his judgment. 
 
 Dockets ot judi- 22. The dockct of a judgment to be registered shall 
 rantents, 'how coutain the names of the parties, the amount recovered, the 
 registered. signature of the judge, and the time of signing ; and a copy 
 of such docket, certified under the seal of the court and 
 the hand of the prothonotary where the judgment was 
 recovered, being lodged for registry, shall be entered in the 
 books without further proof. 
 
 Writs of attach- 23. Lands levied upon under writ of attachment shall 
 
 bJTund thereby^ be bound thercbj' only from the time that a true copy of the 
 
 how rejistered. ^^jj^ g^jjj q{ (.jjg description and appraisement of the lands, 
 
 certified by the sheriff or his deputy, under his hand, shall 
 
 be lodged for registry in the county or district where the 
 
 lands lie ; which copy shall be recorded without further 
 
 proof, and shall continue to bind the lands until thirty 
 
 days after final judgment signed in the cause. 
 
 Judgments and 24. Judgments and attachments so entered shall be 
 
 how" dTscharged. discharged by an entry on the margin of the registry 
 
 thereof, to be made by the registrar upon the filing of a 
 
 release duly acknowledged, or proved by a subscribing 
 
 witness, to have been executed by the parties by whom the 
 
 judgment was obtained, or of a certificate under the seal of 
 
 the court and the hand of the prothonotary that the 
 
TITLE XIX.] REGISTRY OP DEEDS. t527 
 
 judgment has been satisfied, or the suit in which the Chap. 84. 
 attachment was issued discontinued or set aside. 
 
 25. Leases of land for a term exceeding three years Leases tor more 
 shall be void against any subsequent purchaser, mortgagee registered ^'"'" 
 for valuable consideration, or judgment creditor, unless 
 
 such leases shall have been previously registered, and a 
 reasonable rent reserved in good faith therein. 
 
 26. Grants of land made after the thirty -first day of Future grants ot 
 March, 1854, shall not be recorded in the office of the regist'ry of deeds. 
 Provincial Secretary ; but ipstead thereof, shall be recorded 
 
 in the office of registry of deeds of the county in which the 
 lands lie, 
 
 27. The duplicate originals of grants kept in the Crown Duplicate otigi- 
 Land office, signed by the Governor, shall hereafter be signed" by^ow- 
 signed also by the Provincial Secretary. vincui secreS^ 
 
 28. Books similar to those in use in the Secretary's separate booka 
 •office for the registry of grants shall be furnished to then'ishe^d''to'regi8- 
 various registrars of deeds throughout the Province ; and fn^^upHca^^^'o 
 grants when completed shall be transmitted, with a *>« '"^^fied. 
 duplicate plan, by the Attorney-General to the registrars 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 Fees, 
 giant so recorded, payable by the grantee or grantees at 
 the time of the entry of the grant for registry. 
 
 20. In the county of flalifax the registrar of deeds Registrar at 
 shall keep as many contemporaneous registry books as he ke'epMn'tempop- 
 may find necessary to enable him to register without ^"'""^ ''"°'''- 
 delay 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. 
 
 30. The plans of partition of any township which, on Piansotpartitjon 
 the execution of any writ of partition, were returned to the" '""°'' '''^' 
 ■office of the prothonotary at Halifax, shall be transmitted 
 
 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. 
 
 31. In all the counties except Halifax the registrj' Registry books 
 books shall be kept at all times, except when in actual use safes'^ except in 
 •or when required in any court for the purposes of justice,^*'"""- 
 
 in the safes provided for the office ; and anj' registrar of 
 deeds who shall ofl^end against this provision shall, on 
 summary conviction before two justices or a stipendiai-y or 
 police magistrate, incur a penalty of eighty dollars for each Peaaity. 
 offence, and' on a second conviction shall be ever after 
 incapable of holding the office of registrar of deeds in any 
 county or district of this Province. 
 
628 
 
 LIENS IN FAVOR OF MECHANICS. [fAET IL 
 
 Chap. 85. 
 
 I)eed9 registered 
 on declaration 
 made in Great 
 Britain and Ire* 
 land, and duly 
 attested. 
 
 l)eclaratfons 
 made under Im- 
 perial Act, 6 and 
 9Wm, IV., Cap. 
 62, shall haVe 
 same effect as if 
 authenticated 
 tinder oatb. 
 
 Acta, deeds, &c., 
 done in Great 
 Britain and Ire- 
 land and British 
 possessions, and 
 authenticated 
 legally there, to 
 have same eileet 
 as if proved in 
 this Province, 
 
 32. Deeds may be regi.stered on declaration and 
 acknowledgment heretofore made or hereafter to be mader 
 in Great Britain and Ireland before the judge of a court of 
 record, or the mayor or recorder of a city or borough, with 
 the date of the declaration or acknowledgment certified and 
 expressed, attested under the seal of a court of record or of 
 a city or borough. 
 
 33. Declarations now or hereafter made in conformity 
 with, and which shall have legal effect and operation in the 
 place where the same may be made under and by virtue of, 
 an Act of the Imperial Parliament, passed in the fifth and 
 sixth years of the reign of his late majesty King Williara 
 the Fourth, chapter sixty -two, relating to the abolition of 
 oaths in certain cases, and of any Act in amendment 
 thereof, shall have the same operation and effect in this 
 Province as if authenticated under oath before the same 
 officers before whom the declaration had been made, and as 
 if these officers had been authorized to administer such 
 oath. 
 
 34. Acts, deeds, evidence, acknowledgments and declara- 
 tions now or hereafter done, made, taken, or proved in 
 Great Britain or Ireland, or any of Her Majesty's possessions, 
 with these forms of authentication and proof which shall 
 be the legal mode of proof and authentication in those 
 places, shall have the same force and effect in this Province 
 as if sworn to before the same persons and officers bj' and 
 before whom the proof and authentication may be made, 
 and as if those persons or officers had power to administer 
 aa oath. 
 
 CHAPTER 85. 
 
 Meaning; at 
 terms. 
 
 OP LIENS IN FAVOB OF MECHANICS AND OTHERS, 
 
 1. In this Chapter the term " contractor " means a 
 person contracting with or employed directly by the owner 
 for the doing of work or placing or furnishing of machinery 
 or materials for the purposes mentioned in the second 
 section of this Chapter, The term " sub-contractor " means 
 a person not contracting with or employed directly by the 
 owner for the purposes aforesaid, but contracting with or 
 employed either mediately or immediately by a person so 
 contracting with or employed by the owner, and in all cases 
 the evidence of such contract or employment must be in 
 writing. 
 
TITLE XIS.] LIENS IN FAVOR OF MECHANICS. 629 
 
 2. Unless there be an express agreement in writing to Chap. 85. 
 the contrary, every contractor or sub-contractor shall, uen to attach, » 
 provided he file th« agreement and statement hereafter ^J^™™'- ''"•• 
 provided for, have a lien or charge for the price of any 
 
 ■work done or materials furnished under such agreement, 
 upon the estate and interest of the person for whom such 
 work is done or materials furnished, in the building, 
 erection, or mine where such work is done or materials 
 furnished, and in the lands occupied thereby and usually 
 enjoyed therewith, and limited in amount to such sum as 
 shall be justly due to the person entitled to such lien. 
 
 3. Such lien shall attach upon the estate and interest Limitation of lien 
 legal and equitable of the person at whose request and 
 
 upon whose credit in writing any such work is done, or 
 materials or machinery placed or furnished in such 
 building, erection, or mine, and the lands occupied thereby 
 or enjoyed therewith, provided always that in case the lien 
 is claimed by a sub-contractor, the amount to be claimed 
 in respect thereof shall be limited to the amount payable 
 to the contractor or sub-contractor as the case may be, for 
 whom the work has been done or materials or machinery 
 have been furnished or placed, and shall not in any case 
 attach upon such .estate and interest so as to make the 
 same or the owner thereof liable for the payment of any 
 greater sum than the sum payable by such owner to the 
 contractor. 
 
 4. In ease the land upon or in respect to which the P"«"y'«f ■»«"*- 
 woit is done or materials or machinery are placed is 
 encumbered by a mortgage or other charge, existing or 
 
 created before the commencement of the work, or of the 
 placing of the materials or machinery upon the land, such 
 mortgage or other charge shall not have priority over the 
 lien to any greater extent than the sum by which the 
 selling value of the land with such work, materials, or 
 machinery thereon exceeds the sum by which such selling 
 value thereof has been actually increased by the improve- 
 ment caused by such work, materials, or machinery being 
 placed thereon, provided that the mortgagee or holder of 
 such charge consent to such lien charging the land, and 
 testifies his consent thereto by executing the contract in 
 respect of which the lien is claimed; and in ease such 
 consent is not given no such mortgage or other charge shall 
 be affected by any subsequently acquired lien. 
 
 5. In cases where the estate or interest charged by in cas* ot lease- 
 SMch lien is leasehold, the fee simple may also with the how 'charge™'*' 
 consent of the owner thereof be subject to said charge, 
 provided such consent is testified by the signature of such 
 
 imner upon the stateiaent of claim at the time of the 
 
630 LIENS IN FAVOR OF MECHANICS. [PART If. 
 
 Chap. 85. registering thereof and duly verified, and by his executing 
 
 the contract in respect to which such lien is claimed. 
 Unpaid accounts 6. All persoDs fumishing materials to or doing labor 
 provi8ion''a3 to! f Or the Contractor under and by virtue of a written 
 contract, and who shall have obtained the consent of the 
 owner or person against whom the lien is claimed to such 
 contract (such consent to be evidenced by his execution of 
 such contract), and who shall notify the owner or such 
 other person thereby within seven days after such material 
 is furnished or labor performed, of an unpaid account or 
 demand against such lien holder for such material or labor, 
 shall be entitled to a charge therefor pro rata upon any 
 amount payable by such owner or other person under said 
 lien ; and if the owner pays the amount of such charge to 
 the person furnishing material and doing labor as aforesaid, 
 such payment shall be deemed a satisfaction pro tanto of 
 such lien. 
 
 Taiiditj' of ac- 7. In casc of any dispute as to the validity or amount 
 coun^ ow e er- ^j gudj Unpaid Eccouut or demand, the same shall be first 
 determined by proceedings in the proper court in that 
 behalf, or by arbitration as herein provided, at the option 
 of the person having such upaid account or demand against 
 the lien holder ; and during the pending of such proceedings 
 to determine the dispute so much of the amount of lien as 
 is in question therein may be withheld frcHn the person 
 claiming the lien. 
 Failure to pay, g. In casc the person primarily liable to the person 
 riiyiSbi".'"^™*" entitled to the lien fails to pay the amount awarded or 
 found due within ten days after the award is made, the 
 owner, contractor or sub-contractor may pay the same out 
 of any moneys due by him to the person primarily liable 
 as aforesaid on account of the work done or materials or 
 machinery furnished or placed in respect of which the 
 indebtedness arose, and such payment, if made after an 
 award or finding of the court, shall in all cases, or if made 
 without any arbitration or trial having previously been 
 had or dispute existing then, if the indebtedness in full 
 existed and to the extent thereof, operate as a discharge 
 pro tanto of the moneys so due as aforesaid to the person 
 primarily liable. 
 
 nhfe^p*ett'nt ^- "^^^ payments up to ninety per centum of the price 
 operation oi. ' to be paid for the work, machinery or materials as defined 
 by section two of this Chapter, made in good faith by the 
 owner to the contractor, or by the contractor to the 
 sub-contractor, or by one sub-contractor to another 
 sub-contractor, before notice in writing by the person 
 claiming the lien has been given to such owner, contractor 
 or. sub-contractor, as the case may be, of the claim of such 
 
TITLE XIX.] LIENS IN FAVOR OF MECHANICS. 631 
 
 person, shall operate as a discharge pro tanto of the lien Chap. 85. 
 created by this Chapter, but this section shall not apply to 
 any payment made for the purpose of defeating or impairing 
 a claim to a lien existing or arising under this Chapter. 
 
 10. The said lien shall, in addition to all other rights ^^*,iJ^?,"„*'<,,u,„ 
 or remedies given by this Chapter, also operate as a 
 
 charge to the extent of ten per centum of the price to be 
 paid as aforesaid by such owner up to ten days after the 
 completion of the work in respect of which such lien exists, 
 or of the delivery of the materials, and no longer, unless 
 notice in writing be given as hereinbefore provided. 
 
 11. A statement of claim in the form or to the effect statement, con- 
 in schedule A to this Chapter shall be registered, and the registered'.' 
 contract or agreement in writing in respect of which such 
 
 claim is made shall be filed in the registry office in the 
 county or other registration division in which such land is 
 situate, before or during the progress of the work aforesaid, 
 or within thirty days from the completion thereof, or from 
 the supplying or placing of the machinery aforesaid, and 
 every registrar of deeds shall keep a book in which he shall 
 register such statements and note the filing of such contracts 
 or agreements. 
 
 12. Such statement of claim shall be verified by theContentsotstate- 
 affidavit of the person entitled thereto, and shall state : — Termed. 
 
 (a.) The name and residence of the claimant, and of 
 the owner of the property to be charged, and of the person 
 for whom and upon whose credit the work is done or 
 materials or machinery furnished, and the time or period 
 within which the same was or was to be done or furnished. 
 
 (6. ) The work done or materials or machinery furnished, 
 (c.) The sum claimed as due or to become due. 
 (d.) The deseription of the land to be charged. 
 
 13. When such statement is so registered and contract claimant to be 
 filed, the person entitled to said lien shall be deemed ach^^ * ^"" 
 purchaser p?"0 tanto and within the provisions of the law 
 relating to the registry of deeds and encumbrances affecting 
 
 lands. 
 
 14. The registrar, upon payment of the fee of oiie Registrar's tees 
 dollar, shall register and file such claim and contract, go*"''''"''"" 
 that the same may appear as an encumbrance against the 
 
 land therein described, and such lien shall be discharged by 
 the registrar on his receiving a release to that effect from 
 the person entitled to said lien and verified as required in 
 cases of ordinary instruments affecting lands. 
 
632 LIENS IN FAVOR OF MECHANICS. [PART 11. 
 
 Chap. 85. 15. In case a claim is made by a sub-contractor in 
 sub-contmctor's Tcspect of a lien to which he is entitled, and a dispute 
 aibit'rftUon'*'^ ^^ arisBS as to the amount due or payable in respect thereof, 
 the same shall be settled by arbitration. One arbitrator 
 shall be appointed by the person making the claim, one by 
 the person by whom he shall have been einployed, and the 
 third arbitrator shall be appointed by the two so chosen. 
 The decision of the arbitrators or a majority of them shall 
 be final and conclusive. In case either of the parties 
 interested in an}'' such dispute refuses or neglects within 
 three days after notice in writing requiring him to do so 
 to appoint his arbitrator, or if the two arbitrators appointed 
 fail to agree upon a third, the appointment may be made 
 by a judge of the County Court in which the lands in 
 respect of which the lien is claimed are situate. 
 
 Unregistered 16. Evcry lien which has not been duly registered 
 
 Se. ^ ™ *° under the provisions of sections 11, 12, 13, and 14 of this 
 Chapter, shall absolutely cease to exist after the expiration 
 of thirty days after the work has been completed or 
 materials or machinery furnished, unless in the meantime 
 proceedings are instituted to realize the claim under the 
 provisions of this Chapter, and a certificate thereof (which 
 may be granted by the judge or court before whom or in 
 which the proceedings are instituted) is duly registered in 
 the registry office of the county or other registration 
 division wherein the lands in respect of which the lien is 
 claimed are situate. 
 Registered lien, 17. Every lien which has been duly registered under 
 v^hentQ cease. ^^^ provisions of sections 11, 12, 13, and 14 of this Chapter, 
 shall absolutely cease to exist after the expiration of ninety 
 days after the work has been completed or materials or 
 machinery furnished, or the expiry of the period of credit, 
 unless in the meantime proceedings shall have been insti- 
 tuted to realize the claims under the provisions of this 
 Chapter, and a certificate thereof (which -may be granted 
 by the judge or court before whom or in which the 
 proceedings are instituted) is duly registered in the registry 
 office of the county or other registration division wherein 
 the lands in respect of which the lien is claimed are situate. 
 Piooeedinds lor 18. When the amount of the claims in respect of any 
 qkimT"™'^'^ "^lien is under eighty dollars the proceedings to recover the 
 same shall be taken in the County Court of the district in 
 which the land charged is situate, and when the amount of 
 such claims is eighty dollars and under two hundred 
 dollars, such proceedings may be taken either in such 
 County Court or in the Supreme Court, and when such 
 amount is two hundred dollars and upwards, such proceed-- 
 ings shall be taiken in the Supreme Court. 
 
TITLE XIX.] LIENS IN FAVOE OF MECHANICS. 633 
 
 19. Such proceedings shall be commenced by petition Chap. 85. 
 and writ of summons, in which the person against whom proreedinK8,how 
 the_ lien is claimed shall be made a defendant, and the ^""^ecTei ^"^ 
 petition shall contain a brief statement of the contract on ^ 
 which it is founded, and of the amount due thereon, with 
 
 a description of the premises subject to the lien, and all 
 other material facts and circumstances, and shall pray that 
 the defendant may be ordered to pay the amount claimed 
 or due, and in default that the premises may be sold and 
 the proceeds of the sale be applied to the discharge of the 
 demand, which said writ and petition shall be serv^ in 
 the ordinary way, and such suit shall be proceeded with in 
 like manner as suits for the foreclosure of mortgages. 
 
 20. Any number of lien holders or persons who have H?" .'"'Wo'' "^y 
 actually performed labor or furnished labor or materials oningl'" ^™°°^ 
 one or more buildings or structures upon different lots of 
 
 land, when the labor was performed or materials furnished 
 for the same owner, contractor or other person, may join in 
 the same petition or proceedings for their respective liens, 
 and the same proceedings shall be had in regard to the 
 rights of each petitioner, and the defendant may defend as 
 to each petitioner in the same manner as if he had severally 
 petitioned for his individual lien. 
 
 21. The owner of the building or structure in respect owner to be 
 of which the lien is claimed shall in all cases be made a ""* ^ * ^*' ^' 
 party to such proceedings, and before any final order is 
 
 made or hearing takes place in such proceedings, notice of 
 the same shall be given to all other lien holders on the 
 same lands, such notice to be given in such manner, by 
 personal service, advertisement in a newspaper, or other- 
 wise, and for such length of time, as the court or a judge 
 may order. 
 
 22. The court or a iudge may refer any matter in Matter may be 
 
 , , i • 1 J. 1 referred to mas- 
 
 controversy to a master or examiner, who may take tor. 
 accounts and make all requisite enquiries and report 
 therein, which said report may be modified, varied, set 
 aside or confirmed by the court or a judge, and the court 
 or a judge may order payment of the amounts found due 
 the petitioners or any of them, and on default of payment 
 may direct the sale of the estate and interest charged by 
 such lien in the same way as lands are now sold by the^^'^^^^j^'J^'^'^*'''' 
 sheriff' under foreclosure, and the said sheriff shall dis- 
 tribute the proceeds of such sale as directed by the order 
 under which the same is made. 
 
 23. The costs in all proceedings under this Chapter cpste to be in 
 shall be such as are payable in respect of the like or courT, 
 airoilar matters according to the ordinary procedure of the 
 
634 LIE>fS IN FAVOR OF MECHANICS. [PART II. 
 
 Chap. 85. said courts respectively, and shall in all cases be in the 
 "" discretion of the court. 
 
 Orders may be 24. All motions may be made and orders granted in 
 b^.**'^*'"''*'"' proceedings under this Chapter before and by a judge at 
 
 chambers. 
 
 Lien holder's 25. In the cveut of the death of a lien holder, his 
 
 representatfves!" right of lien shall pass to his personal representatives, and 
 
 the right of a lien holder may be assigned by any 
 
 instrument in writing. 
 
 In event of plain- 26. In the cvcnt of the death of any plaintiff in any 
 
 i s e& , c. pj.Q(,j(^(jiQg under this Chapter, or of a plaintiff's neglect or 
 
 refusal to proceed therewith, any one or more other lien 
 
 holders of the same class may by leave of the court in 
 
 which the proceeding is taken, and on such terms as may 
 
 be deemed just and reasonable, prosecute and continue 
 
 such proceedings. 
 
 n^^aHpmm. 27. When there are several liens under this Chapter 
 
 against the same property, each class of the lien holders 
 
 shall rank pari passu for their several amounts, and the 
 
 proceeds at any sale shall be distributed among them pro 
 
 rata according to their several classes and rights, and they 
 
 shall respectively be entitled to execution for any balance 
 
 due to them respectively after said distribution. 
 
 Property not to 28. During the continuance of any proceedings under 
 
 plndfnTp«>ce«d- this Chapter, no portion of the property affected thereby 
 
 "'^- shall be removed to the prejudice of such lien, and any 
 
 attempt at such removal may be restrained by application 
 
 to the court or a judge having jurisdiction in the premises. 
 
 Registry of lien, 29. TJpon application to the court or iudge having 
 
 how Tacated, &c. . . ^^ ,■ ^. .i • i. ■ j j. • 
 
 jurisdiction in the premises, such judge or court may receive 
 security or payment into court in lieu of the amount of 
 such claim, and may thereupon vacate the registry of such 
 lien, or may annul the said registry on any other ground. 
 Proeeedincs in 30. In any such proceedings under this Chapter, or 
 tTdischa^eu'en' upon application of any person interested, the court or a 
 judge may proceed to hear and determine the matter of 
 such lien and make such order as seems just, and in case 
 the person claiming to be entitled to such lien has wrong- 
 fully refused to sign a certificate of discharge thereof, or 
 without just cause claims a larger sum to be due than is 
 found by such judge or court, the court or judge may order 
 and adjudge him to pay to the other party such costs as 
 the judge or a court may think fit to award. 
 
 Creditors may 31. Nothing in this Chapter shall be construed to 
 maintain action, p^gyent a Creditor on such contract from maintaining an 
 action thereon at the common law in like manner as if ho 
 had no such lien for the security of his debt. 
 
title xix.] phoperty and civil eights of aliens. 685 
 
 Chap. 86. 
 
 SCHEDTJLE. 
 
 A. B., of in the County o£ 
 
 (occupation) under Chapter 85, Revised Statutes, Fifth 
 Series, " Of Liens in favor of Mechanics and Others," claims 
 a lien upon the estate or interest of C. D., of 
 in the County of (occupation) in respect of the 
 
 following work (or materials) that is to say : 
 
 which work was (or is to he) done (or materials were 
 furnished) for the said C. D. on or before the 
 day of 18 
 
 The amount claimed as due or to become due is the sum 
 of , dollars. 
 
 The description of land to be charged is the following : — 
 
 Dated at this day of A. D. 18 . 
 
 Witness, E. F. (Sgd.) A. B. 
 
 CHAPTER 86. 
 
 OF THE PEOPEETT AND CIVIL EIGHTS OF ALIENS. 
 
 1. Aliens may take, hold, and convey, and transmit real May hold and 
 
 ■ , , "^ ■' convey real 
 
 estate. estate. 
 
 2. No title to real estate shall be invalid on account Titles not 
 of the alienage of any former owner or holder thereof. 
 
 3. Nothing in this Chapter shall have the effect of Proviso, 
 confirming 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. 
 
636 joint tenancy. — estates tail. [part ii. 
 
 Chap. 88. 
 
 CHAPTER 87. 
 
 OF JOINT TENANCY AND TENANCY IN COMMON. 
 
 Eetatetotwo or 1. Every estate granted or devised to two or more 
 tenancy in'com^ persons in their own right .thall be a tenancy in common, 
 mon. unless expressly declared to be in joint tenancy ; but every 
 
 estate vested in trustees or executors as such shall be held 
 by them in joint tenancy. This section shall apply as well 
 to estates already created or vested as to estates hereafter 
 to be granted or devised. 
 
 CHAPTER 88. 
 
 OF ESTATES TAIL. 
 
 Estates tall 1. All estates tail are abolished ; and every estate 
 
 abolished. which hitherto would have been adjudged a fee tail, shall 
 
 hereafter be adjudged a fee simple, and may be conveyed 
 
 and devised or descend as such. 
 
title xx.] wills of real and personal estate. 637 
 
 Chap . 89. 
 
 TITLE XX. 
 
 OF TITLE TO KEAL AND PERSONAL PROPERTY 
 BY WILL AND BY DESCENT. 
 
 CHAPTER 89. 
 
 OF Wills of real and personal estate. 
 
 1. Any person may devise and bequeath by his will, what propeitv 
 executed as hereinafter mentioned, all real estate and all "*' 
 personal estate, and all rights and interests in real or 
 personal estate to which he shall be entitled, either at law 
 
 or in equity, at the time of his death, and which if not 
 BO devised or bequeathed would devolve upon his heirs-at- 
 law or representatives. 
 
 2. No will by any person under the age of twenty-one No wm« of in- 
 
 1 -I -■ 1 I • -1 iSiIlvS VSrllUt 
 
 years shall be valid. 
 
 3. In addition to the powers conferred on married wiiis of married 
 women by the Chapter of the Revised Statutes, " Of the ''°'"™' 
 Property of Married Women," any married woman may, 
 without her husband's consent, make a will appointing one 
 executor or more to a will whereof she is executrix, or an 
 appointment by will made in pursuance of a power to 
 
 be executed notwithstanding coverture. 
 
 4. No will shall be valid unless it shall be in writing Wilis, how 
 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 ; but no 
 form of attestation shall be necessary. 
 
 5. Every will shall so far only as regards the position signatures to 
 of the signature of the testator or of the person signing *'"°" 
 
 for him, be deemed to be valid if the signature is so placed 
 at or after, or following, or under, or beside, or opposite to 
 the end of the will, that it is apparent on the face of the 
 will that the testator intended to give effect by such 
 signature to the writing signed as his will, and no such 
 will shall be affected by the circumstance that the signature 
 does not follow, or is not immediately after, the foot or 
 end of the will, or by the circumstance that a blank space 
 intervenes between the concluding word of the will and 
 
(538 WILLS OF REAL AND PERSONAL ESTATE. [PART II. 
 
 Chap. 89. the signature, or by the circumstance that the signature is 
 
 ' ^placed among the words of the testimonium clause, or of 
 
 the clause of attestation, or follows, or is after, or under 
 
 the clause of attestation, either with or without a blank 
 
 space intervening, or follows, or is after, or under, or beside 
 
 the name or one of the names of the subscribing witnesses, 
 
 and the enumeration of the above circumstances shall not 
 
 restrict the generality of the above enactment, but no 
 
 signature shall be operative to give effect to any disposition 
 
 or direction which is underneath or which follows it, nor 
 
 shall it give effect to any disposition or direction inserted 
 
 after the signature shall be made. 
 
 Execution of 6. Evcry will made out of the Province (whatever 
 
 Province."" ° may be the domicile of the testator at the time of making 
 
 the same, or at the time of his death) shall, as regards 
 
 personal estate, be held to be well executed for the purpose 
 
 of being admitted to probate in Nova Scotia, if the same 
 
 be made according to the forms required, either by the 
 
 law of this Province, or by the law of the place where the 
 
 same was made, or by the law of the place where the 
 
 testator was domiciled when the same was made, or by the 
 
 law then in force in the place where he had his domicile 
 
 of origin. 
 
 Will not revoked 7. No will shall be held to be revoked or to have 
 
 domicile."^' ° bccome invalid, nor shall the construction thereof be 
 
 altered, by reason of any subsequent change of domicile of 
 
 the person making the same. 
 
 Soldiers' and 8. Any soldicr being in actual military service, or any 
 
 sailors' wills of . •' ^ u-x J- c t • l 
 
 personal estate manner or seaman being at sea, may dispose oi his personal 
 as heretofore, ggt^te as heretofore. 
 
 Power of ap- 9. No appointment made by will in exercise of any 
 wu",'Seouted^8 power shall be valid unless the same be executed in manner 
 a will. hereinbefore required ; and every will executed in manner 
 
 hereinbefore required shall, so far as respects the execution 
 and attestation thereof, be a valid execution of a power of 
 appointment by will, notwithstanding it shall have been 
 expressly required that a will made in exercise of such 
 power shall be executed with some additional or other form 
 of execution or solemnity. 
 
 Bufflci nt*"" w" ^'^' ^^^^J "^''^ executed in manner hereinbefore 
 
 cation. required shall be valid without any other publication 
 
 thereof. 
 
 ]^^^r>eiency ot \\_ No will shall be invalid on account of the incom- 
 petency of the witnesses to prove its execution. 
 
 Devise to »t- 12. All dcvises, bequests, or appointments, except 
 
 testinir witnesses i jj-j.- £ i.\ irjiix 
 
 &c., void in cer- charges and directions tor the payment oi debts, to an 
 
 tain cases. attesting witness of the will, or to the wife or husband of 
 
 such person, shall be void ; and he shall be admitted to 
 
TITLE XX ] WILLS OF SEAL AND PERSONAL ESTATE. 639 
 
 prove the execution of the will or the validity or invalidity Chap. 89. 
 thereof ; provided that where there shall happen to be two "~~ 
 competent witnesses to the will beside such person, such 
 devise, bequest, or appointment shall not be void. 
 
 13. In case by any will any real or personal estate Debts <*"«'gcd 
 shall be charged with any debt, and any creditor or the "St" "dfsquaii/y 
 wife or husband of any creditor whose debt is so charged "esa!*" " ''"' 
 shall attest the execution of such will, such creditor 
 notwithstanding such charge shall be admitted a witness 
 
 to prove the execution of such will, or to prove the validity 
 or invalidity thereof. 
 
 14. No person shall on account of his being an execu- Executors may 
 tor of a will be incompetent to be admitted a witness to " ™' °^^'^'* 
 prove the execution of such will, or a witness to prove the 
 validity or invalidity thereof. 
 
 15. All wills shall be revoked by marriage, except a *f »''"»«"'"'" ™; 
 
 ■ 11 1 . . n ■ ti • . , 1 voke will, except 
 
 Will made in exercise oi a power oi appointment, when in certain caaea. 
 the real or personal estate thereby appointed would not in 
 default of such appointment pass to the heir, executor or 
 administrator, or the person entitled as next of kin. 
 
 16. No will shall be revoked by any presumption of ^^™'j^'j°'' j^^^ 
 an intention to revoke on the ground of an alteration in change of dr. 
 
 circumstances. cumstancea. 
 
 17. No will or codicil or any part thereof shall bewiiia, how re- 
 revoked otherwise than as above mentioned, or by another 
 
 will or codicil executed in manner hereinbefore required, 
 or by some writing declaring an intention to revoke the 
 same, and executed in the manner in which a will is 
 hereinbefore required to be executed, or by the burning, 
 tearing or otherwise destroying the same by the testator or 
 by some person in his presence and by his direction, with 
 the intention of revoking the same. 
 
 18. No cancelling by drawing lines across a will or obliteration, in- 
 any part thereof, and no obliteration, interlineation or other efleot of.'™'' °' 
 alteration made in any will after the execution thereof, 
 
 shall be valid or have any effect except so far as the words 
 or the effect of the will before such alteration shall not be 
 apparent, unless such alteration shall be executed in like 
 manner as hereinbefore is required for the execution of 
 the 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 some other part of 
 the will opposite or near to such alteration, or at the foot 
 or end of or opposite to a memorandum referring to such 
 alteration, and written at the end or some other part of 
 the will. 
 
d^ 
 
 640 WILLS OF REAL AND PERSONAL ESTATE. [PART II. 
 
 Chap. 89. 19. No will or codicil or any part thereof which shall 
 Will revoked, he in any manner revoked shall be revived otherwise than 
 how rsvived. j^y ^^\^Q re-execution thereof, or by a codicil executed in 
 manner hereinbefore required, and showing an intention 
 to revive the same ; and when any will or codicil which 
 shall be partly revoked and afterwards wholly revoked, 
 shall be revived, such revival shall not extend to so much 
 thereof as shall have been revoked before the revocation 
 of the whole thereof, unless an intention to the contrary 
 shall be shown. 
 Conveyances and 20. No couveyance or Other, act made or done subse- 
 la^*^hey' shall quently to the execution of a will of any real or personal 
 vKiy^'ide!"' ®st'^*'^ 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 estate or 
 interest in such real or personal estate as the testator 
 shall have power to dispose of by will at the time of his 
 ^ death. 
 
 ,\^"i8. when tp 21. Every will shall be construed, with reference to 
 ecutors to' be the real and personal estate comprised in it, to speak and 
 SS's'" mn! take effect as if it had been executed immediately before 
 cS^ '° °°'^"''°the death of the testator, unless a contrary intention shall 
 appear by the will.^ If the testator at the time of his 
 death were liable to perform any contract for the sale and 
 conveyance of any real or personal estate, the executors 
 of his will shall, notwithstanding any devise or bequest of 
 the real or personal estate to which such contract refers, 
 be deemed trustees thereof so far as may be necessary for 
 performing such contract, and shall have power to execute 
 the necessary conveyances for the performance thereof ; 
 and the executors shall hold the purchase money subject 
 to such uses and purposes as may in such will be expressed 
 respecting such real or personal estate, or such purchase 
 money, or otherwise, for the use and benefit of the estate, 
 tapsed legacies 22. Unless a contrary intention shall appear by the 
 IrduafyVviee"" will, such real estate or interest therein as shall be com- 
 prised or intended to be comprised in any devise in such 
 will contained which shall fail or be void by reason of the 
 death of the devisee in the life time of the testator, or by 
 reason of the devise being contrary to law, or otherwise 
 incapable of taking effect, shall be included in the residuary 
 devise, if any, contained in such will. 
 Rules fof con- 23. A devise of the land of the testator, or of the land 
 >-e™ "estate' In of the testator in any place, or in the occupation of any 
 certain cases, person mentioned in his will, or otherwise described in a 
 general manner, and any other general devise which would 
 describe a leasehold estate, if the testator had no freehold 
 estate which could be described by it, shall be construed to 
 
'U'-\- 
 
 TITLE XX.] WILLS OF REAL AND PERSONAL ESTATE. 641 
 
 include the leasehold estate of the testator, or his leasehold Chap. 89. 
 estates or any of them to which such description shall 
 extend, as the case may be, as well as freehold estates ; 
 unless a contrary intention shall appear by the will. 
 
 24. A general devise or bequest of the real or personal General deTisea, 
 estate of the testator, or of the real or personal estate of """^ construed, 
 the testator in any place, or in the possession of any person, 
 mentioned in his will, or otherwise described in a general 
 manner, shall be construed to include any real or personal 
 estate, or any real or personal estate to which such descrip- 
 tion shall extend, as the case may be, which he may have 
 power to appoint in any m a nner h e may think proper, and 
 shall operate as an execution of such power, unless a 
 contrary intention shall appear by the will. 
 
 25. Where any real estate shall be devised to any Devise of real 
 person without any words of limitation, such devise shall ^^oJjg' oMimit^ 
 be construed to pass the fee simple or other the whole ^°^.>^"™j«'™^^^* 
 estate or interest which the testator had power to dispose tator's interest. 
 of by will in such real estate, unless a contrary intention 
 
 shall appear by the will. ^ 
 
 26. In any devise or bequest of real or personal estate. The words "die 
 the words "die without issue," or "die without leaving Ssue/" &o.t^how 
 issue," or " have no issue," or any other words which may <=o'>8''o«'i- 
 import either a want or failure of issue of any person in 
 
 his lifetime, or at the time of his death, or an indefinite 
 failure of his issue, shall be construed to mean a want or 
 failure of issue in the lifetime, or at the time of the death 
 of such person, and not an indefinite failure of his issue ; 
 unless a contrary intention shall appear by the will by 
 reason of such person having a prior estate, or of a preced- 
 ing gift being, without any implication arising from such 
 words, a limitation of an estate tail to such person or issue, 
 or otherwise. But this Chapter shall not extend to cases 
 where, such words import, if no issue described in a pre- 
 ceding gift shall be born, or if there shall be no issue who 
 shall live to attain the age, or otherwise answer the 
 description required for obtaining a vested estate by a 
 preceding gift to such issue. 
 
 27. Where any real estate shall be devised to any Devise ot real 
 
 ,, iii-ini J 1, estate to trustee 
 
 trustee or executor, such devise shall be construed to pass or executor, how 
 the fee simple, or other the whole estate or interest which ^"s'™'"*- 
 the testator had power to dispose of by will in such real 
 estate ; unless a definite term of years, absolute or deter- 
 minable, or an estate of freehold, shall thereby be given to 
 him expressly or by implication. 
 
 42 
 
642 WILLS OF REAL AND PERSONAL ESTATE. [PART II. 
 
 Chap. 89. 28. Where any person to whom any real estate shall 
 DCTisdTof estates he devised for an estate tail, or for an estate in quasi entail, 
 if' d"ev'iaee hrve ^^^^ '^^^ ^"^ *^6 lifetime of the testator leaving issue, who 
 issue. would be inheritable under such entail if such estate existed, 
 
 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 happened immedi- 
 ately after the death of the testator ; unless a contrary 
 intention shall appear by the will. 
 Devise to testa- 29. Where any person, being a child or other issue of 
 not to lapse if the tcstator, to whom any real or personal estate shall be 
 liv'ing.'"'^^ '^'"^ devised or bequeathed for any estate or interest not deter- 
 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. 
 MoTtgafred 30. When any person dies seised of or entitled to any 
 
 Sibie! ''"™°'" * estate or interest in any real estate which at the time of 
 his death is charged with the payment of any sum or sums 
 of money by way of mortgage, and such person has not, by 
 his will or deed or other document, signified any contrary 
 or other intention, the heir or devisee to whom such real 
 estate descends or is devised shall not be entitled to have 
 the mortgage debt discharged or satisfied out of the, personal 
 estate, or any other real estate of such person ; but the 
 real estate so charged shall, as between the different per- 
 sons claiming through or under the deceased person, be 
 primarily liable to the payment of all mortgage debts with 
 which the same is charged, every part thereof according to 
 its value bearing a proportionate part of the mortgage 
 debts charged on the whole thereof. 
 
 ^''htrnotiflect- ^^' ^°^^^^S ^^ *^® ^^^^ preceding section contained 
 «d. shall affect or diminish any right of the mortgagee on such 
 
 real estate to obtain full payment or satisfaction of his 
 mortgage debt, either out of the personal estate of the 
 person so dy?ng as aforesaid, or otherwise ; and nothing 
 herein contained shall affect the rights of any person 
 claiming under or by virtue of any will, deed or document 
 made before the first day of January, one thousand eight 
 hundred and eighty-two. 
 
 how 'Ia°'t°d b ^^' ^^ ^^^ construction of any will or deed, or other 
 
 preceding see- document to which the next preceding section of this 
 
 '""' Chapter relates, a general direction that the debts or that 
 
 all the debts of the testator shall be paid out of his personal 
 
 estate shall not be deemed to be declaration of an intention 
 
TITLE XX.] DESCENT OF REAL AND PERSONAL ESTATE. 643 
 
 contrary to or other than the rule in the said section Chap, 90. 
 contained, unless such contrary or other intention is further 
 declared by words expressly or by necessary implication 
 referring to all or some of the testator's debts or debt 
 charged by way of mortgage on any part of his real estate. 
 
 33. Any person suppressing a will shall, on summary Penalty for sup- 
 conviction thereof before two justices of the peace or a^'^'""^" 
 stipendiary magistrate, forfeit after the lapse of the first 
 
 thirty days, twenty dollars for every month he shall so 
 suppress such will. 
 
 34. The words and expressions hereinafter mentioned. Definition o! 
 which in their ordinary signification have a more confined ^"^ 
 
 or a different meaning, shall in this Chapter, except when 
 the nature of the provision or the context shall exclude 
 such construction, be interpreted as follows, viz. : the word 
 " will " shall extend to a codicil and to an appointment by 
 will or by writing in the nature of a will in exercise of a 
 power, and also to a disposition by will and testament or 
 devise of the custody and tuition of any child, and to any 
 other testamentary disposition ; 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, 
 incorporeal or personal, and to any undivided share thereof, 
 and to any estate, right or interest, other than a chattel 
 interest 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 
 funds, whether in this Province or the United Kingdom or 
 elsewhere, to securities for money not being real estate, to 
 debts, rights of action, rights, credits, goods, and all other 
 property whatsoever, which by law devolves upon the 
 executor or administrator, and to any share or interest 
 therein. 
 
 CHAPTER 90. 
 
 OF THE DESCENT OF REAL AND PERSONAL ESTATE. 
 
 1. Where any person shall die entitled to any real Rule of descent 
 estate in fee simple or for the life of another, not having e'tat^whlre'^l 
 devised the same, it shall descend to his children in equal P^^^^l"! i^^'^* 
 shares, and in case of the decease of any of his children, 
 to such as shall legally represent them, such represen- 
 tatives to take the share of the deceased parent in equal 
 proportions, and if there be no child of the intestate living 
 at the time of his death, to his other lineal descendants ; 
 
DESCENT OF REAL AND PERSONAL ESTATE. [PART II, ■ 
 
 Chap. 90. and if all the descendants shall be in the same degree of > 
 kindred they shall share the estate equally, otherwise they , 
 shall take according to the right of representation. 
 
 Where he leaves 2. If the deceased shall leave no issue, one half of his 
 no issue. ^^^-j ggj.g^(.g shall go to his father, and the other half to his 
 
 widow in lieu ' of dower ; and if there be no widow the 
 
 whole shall go to his father. 
 
 other cases, and 3. . If he shall leave no issue, nor father, one half of his 
 L'nd?ed!°"***'^'real estate shall go to the widow, and the other half shall 
 be distributed in equal shares to his mother, brothers and 
 sisters, and the children of any deceased brother or sister 
 by right of representation ; and if there be no widow, the 
 whole shall go to his mother, brothers and sisters, and the 
 children of any deceased brother or sister by right of 
 representation; and where the intestate shall leave no 
 issue, and no widow, father, mother, brother or sister, nor 
 the children of any brother or sister, his estate shall go in 
 equal shares to his next of kin in equal degree, excepting 
 that where there are two or more collateral kindred in 
 equal degree but claiming through different ancestors, 
 those who claim through the nearest ancestor shall be 
 preferred to those claiming through an ancestor who is 
 more remote; but in no case shall representatives be 
 admitted among collaterals after brother's and sister's 
 children. 
 
 Case of ^ ^^ 4 If any person shall die, leaving several children, or 
 
 ceased minor, leaving One child and the issue of one or more others, and 
 
 o'r^SstSrssurvi" any such surviving child shall die underage, and not having 
 
 mg, or their is- ijggn 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. 
 
 Method of divid- 5. If at the death of such child who shall die under 
 del iMt^'w^fio™' ^•g^' 3.nd 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. 
 
 Mode of eomput- 6. The degrees of kindred shall be computed according 
 kindred.*^**' ° 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. ; 
 
 sue. 
 
■TITLE XX.] DESCENT OF REAL AND PERSONAL ESTATE. 645 
 
 7. The interest of a party in lands held in trust for Chap. 90. 
 him in fee simple shall descend, and shall be chargeable imerest of de- 
 with his debts in the same manner as if he had died seised ?^^^^. '" '*"^' 
 
 A 111 taeld in trust, 
 
 •01 such lands. chiir»feable with 
 
 debts. 
 
 8. The personal estate of any person who shall die Buies for distrf- 
 without having bequeathed the same shall be distributed ^^titf ''^"""'^ 
 ■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 
 family under her care for the period of ninety days after 
 the death of her husband ; and, in addition, such provisions 
 and other necessaries for the use of herself and family as 
 shall be allowed and ordered by the judge of probate, and 
 such allowance shall be made, as well when the widow 
 waives the provision made for her in the will of her 
 busband 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 his 
 last illness, and the expenses attendant upon the settlement 
 •of the estate, shall be distributed, one third to the widow, 
 if anj', and the residue among the persons who would be 
 •entitled to the real estate, and if there be no widow, then 
 the whole among such persons. 
 
 9. Any child born after the death of the father, there Posthumous 
 being no provision made in his will for such child, shall pro^S ''f.^ 
 have the like interest in the real and personal estate of his ^^™ ^ '^l'"'"^ 
 father as if he had died intestate ; and all the devisees and provisiou 
 legatees in the will shall abate proportionably their 
 respective devises and bequests ; the share of the 
 posthumous child to be set out and assigned by the Court 
 
 of Probate so as to affect as little as possible the disposition 
 of the property made by the testator. 
 
 10. Any real or personal estate given by the intestate Advancement, 
 as an advancement to any child or grandchild, shall be af^Ysiorrad d?£ 
 
 • considered as a portion of the estate of the intestate, so f ar ''""iWon- 
 as regards the division and distribution of the estate of the 
 deceased, and shall be taken by such child or grandchild 
 towards his share of the intestate's estate. 
 
 11. If such advancement shall exceed the share of the Same subject, 
 -child or grandchild, so advanced, he shall be excluded from 
 
646 DESCENT OF HEAL AND PERSONAL ESTATE. [PAET II. 
 
 Chap. 90. any further portion in the division and distribution of the 
 
 estate, but he shall not be required to refund any of such 
 
 advancement ; and, if the amount so received shall be less 
 
 than his share, he shall be entitled to as much more as will 
 
 give him his full share of the estate of the deceased. 
 
 AdvaDcement in 12. If the advancement be in real estate, the value 
 
 tTbe^considered thereof shall, for the purposes of the preceding section, be 
 
 and regulated, gongidered as part of the real estate to be divided ; and if 
 
 in either case it shall exceed the share of real or of personal 
 
 estate respectively that would have come to the child or 
 
 grandchild, so advanced, he shall not refund any part of it, 
 
 but shall receive so much less out of the other part of the 
 
 estate as will make his whole share equal to those of the 
 
 other heirs who are in the same degree with him. 
 
 What gifts or 13. All gifts and grants shall be deemed to have been 
 
 held advance- made in advancement, if expressed in the gift or grant to 
 
 mcnta. -^^ ^^ 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 otherwise. 
 
 Valuation by tes- 14. If the value of the estate so advanced shall be 
 
 Advancement, ' expressed in the conveyance, or in the charge or valuation 
 
 thereof made by the intestate, it shall be considered as of 
 
 that value in the division and distribution of the estate ; 
 
 otherwise it shall be estimated according to its value when 
 
 given. 
 
 When pai-ty dies 15. If any child or grandchild so advanced shall die 
 
 ' 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 grandchild 
 
 so advanced as so much received towards their share of the 
 
 estate, in like manner as if the advancement had been 
 
 made directly to them. 
 
 Tenancy by curt- 16. Nothing in this Chapter contained shall affect the 
 
 notSected^hMe'^^*^® °^ ^ husband as tenant by the curtesy, nor that of a 
 
 by. widow as tenant in dower. 
 
 Lands held in 17. Lands held as dower by the widow shall after her 
 
 dower, how dm- ijgpgg^gg 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. 
 
 undivised estate 18. All such estate, real or personal, as is not devised 
 totaitatedaain-jjj ^ ^j^^ gj^g^jj ^^ distributed as if the testator had died 
 
 intestate. 
 
title xxi.] prevention of frauds and perjuries. 647 
 
 Chap. 91. 
 
 TITLE XXI. 
 
 OF FRAUDS, PERJURIES, AND SECRET BILLS 
 
 OF SALE. 
 
 CHAPTER 91. 
 
 OF THE PREVENTION OF FRAUDS AND PERJURIES. 
 
 1. All leases, estates, or other interests in lands or in Leases and es- 
 mining areas or other mining rights or privileges not put*„'o't^,'°'™f^*t^ 
 in writing and signed by the parties creating or making ''«^^'='*^satwiii, 
 the same, or their agents thereunto lawfully authorized by leases under 
 writing, shall have the force of leases or estates at ^iii""'^ej«^''«- 
 only, except leases not exceeding the term of three years 
 
 from the making thereof, whereupon the rent reserved 
 shall aiTiount at least to two thirds of the annual value of 
 the lands demised. 
 
 2. No interest in land or in mining areas or other interest in lands, 
 mining rights or privileges shall be assigned, granted, or only bj^^deed''OT 
 surrendered except by act and operation of law, unless it °'"'^'°'™*i"^- 
 be by deed or note in writing signed by the party assigning, 
 granting or surrendering the same, or by his agent there- 
 unto authoi-ized by writing. 
 
 3. No declaration or creation of any trust in lands or Declaration or 
 in mining areas or other mining rights or privileges shall ,Tiand?&c.,mu5t 
 be valid unless it shall be in writing, signed by the party ''^ '" '"''""s- 
 entitled to create or declare the trust, or by his last will, 
 
 but this provision shall not extend to any trusts in lands Proviso. 
 or mining areas or other mining rights or privileges arising 
 or resulting by implication or construction of law, or which 
 may be transferred or extinguished by act or operation of 
 law. 
 
 4. No grant or assignment of any trust shall be valid Assignment of 
 unless it shall be in writing, signed by the party granting ^ting.'° ^° '" 
 or assigning the same, or by his last will. 
 
 5. No action shall be brought whereby to charge any contracts whiou, 
 executor or administrator upon any special promise to^riSng.'" ^° "* 
 answer damages out of his own estate, or whereby to charge 
 
 any defendant upon any special promise to answer for the 
 debt, default, or miscarriage of another person, or whereby 
 to charge any person upon any agreement made upon 
 consideration of marriage, or upon any contract or sale of 
 
■648 PEEVExriON of frauds and perjuries, [part ir. 
 
 Chap. 91. lands or any interest therein, or in any mining areas or 
 
 other mining rights or privileges, or upon any agreement 
 
 that is not to be performed within the space of one year 
 
 from the making thereof, unless the agreement upon which 
 
 the action shall be brought, or some memorandum or note 
 
 thereof, shall be in writing, signed by the party to be 
 
 charged therewith, or some other person authorized by him. 
 
 Promise to be . 6. No Special promise made by any person to answer 
 
 debt'°of''another f or the debt, default or miscarriage of another person, being 
 
 not invalid for jjj writing and signed bv the party to be charged therewith, 
 
 want of state- o o ~ r J ip?i i-i 
 
 ment of consider- or some Other person by him thereunto lawiully authorized, 
 shall be deemed invalid to support an action, suit, or other 
 proceeding to charge the person by whom such promise 
 shall have been made, by reason only that the consideration 
 for such promise does not appear in writing, or by necessary 
 inference from a written document. 
 
 Eatiflcation of 7. No action shall be maintained whereby to charge 
 mu8r°be''"in"*3'"y person upon any promise, made after full age, to pay 
 writing to main- any debt Contracted during infancy, or upon any ratification 
 
 ..tarn action. i./ j; ii e ■ • i i. l i 
 
 after luli age or any promise or simple contract made 
 
 during infancy, unless such promise or ratification shall be 
 
 made b^' some writing signed by the party to be charged 
 
 therewith, or by his agent duly authorized to make such 
 
 promise or ratification. 
 
 Bepresentation 8. No action shall be brought whereby to charge any 
 
 &c *° to'^^obtoii; P®'"^°° upon or by reason of any representation or assurance 
 
 credit, must be made Or given concerning or relating to the character, 
 
 mwnmg. conduct. Credit, ability, trade, or dealings of any other 
 
 person to the intent or purpose that such other person may 
 
 obtain credit, money, or goods thereupon, unless such 
 
 representation or assurance be made in writing, sigaed by 
 
 the party to be charged therewith. 
 
 Contract for sale 9. No Contract f or the sale of any goods for the price 
 
 of goods. Qf forty dollars or upwards shall be good, unless the buyer 
 
 accept part of the goods so sold and actually receive the 
 
 same, or give something in earnest to bind the bargain or 
 
 in part payment, or that some note or memorandum in 
 
 writing of the said bargain be made and signed by the 
 
 parties to be charged by such contract, or their agents 
 
 thereunto authorized. 
 
 Contract for sale 10. The provisions of the next preceding section shall 
 
 delivered '°jn'"' extend to all contracts for the sale of goods of the value of 
 
 future. forty dollars and upwards, notwithstanding the goods may 
 
 be intended to be delivered at some future time, or may 
 
 not at the time of such contract be actually made, procured, 
 
 or provided, or fit, or ready for delivery, or although some 
 
 act may be requisite for the making or completing thereof, 
 
 or rendering the same fit for delivery. 
 
title xxi.] phevention of frauds on creditors. 649 
 
 Chap. 92. 
 CHAPTER 92. 
 
 OF THE PREVENTION OF FRAUDS ON CREDITORS BY SECRET 
 BILLS OF SALE. 
 
 1. Every bill of sale of personal chattels made either '^iiia of sale or 
 absolutely or conditionally, or subject or not subject to any be filed ' with 
 trust, and whereby the assignee shall have power either wSerl'^rker^rt^ 
 with or without notice 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 count}' 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 oniy to take 
 
 against the assignee of the grantor under the laws relating otaung?" '""* 
 
 to insolvency, or for the general benefit of his creditors, or 
 
 against bonti fide purchasers, or as against the execution 
 
 creditors, or sheriff's and constables, and other persons 
 
 levying on or seizing the property comprised therein, under 
 
 process of law, shall only take effect and have priority 
 
 from the time of the filing thereof. 
 
 2. In case such bill of sale is subject to any defeasance Defeasance to be 
 the same shall be considered as part thereof, and such*''**' 
 defeasance or a copy thereof shall be filed with the bill of 
 
 sale or copy ; otherwise such bill of sale 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. 
 
 3. Every hiring, lease, or agreement for the sale of ^?1™'»°5^'» 
 goods and chattels, accompanied by an immediate delivery, agreements, &c.' 
 and followed by an actual and continued change of 
 possession, whereby it is agreed that the property in the 
 
 goods and chattels, or in case of an agreement for sale, a 
 lien thereon for the price or value thereof, or any portion 
 thereof, shall remain on the hirer, lessor, or bargainor, until 
 the payment in full of such price or value by future 
 payments or otherwise, shall be in writing, signed by the 
 parties thereto, or their duly authorized agents, in writing, 
 a copy of which authority shall be attached to such 
 agreement, and shall set forth fully, b}' recital or otherwise, 
 the terms, nature and effect of such hiring, lease, or bargain 
 for sale, and the amount to be paid thereunder, whether 
 expressed as rent, payment, or otherwise; and shall be 
 
650 PREVENTION OF FRAUDS ON CREDITORS. [PART II. 
 
 Chap. 92. , accompanied by an affidavit of a witness thereto of the due- 
 execution thereof, and by the several affidavits of the 
 parties thereto ; or in case such agreement has been signed 
 bj' an agent or agents of the parties, duly authorized as 
 aforesaid, then by the affidavit of such agent or agents 
 respectively, stating that the writing truly sets forth the- 
 agreement between the parties thereto, and truly sets forth 
 the claims, lien, or balance due to the hirer, lessor, or 
 bargainor therein, and that such writing is executed in good 
 faith, and for the express purpose of securing to the hirer,, 
 lessor, or bargainor, the payment of the claim, lien, or 
 charge thereon, at the times and under the terms set out in 
 the writing, and for no otlier purpose ; and such agreement 
 and affidavit shall be registered at the time and place, and 
 in every respect according to the provisions of this- 
 Chapter ; otherwise the claim, lien, charge, or property 
 intended to be secured to the hirer, lessor, or bargainor, 
 shall be null, void, and of no effect as against the creditors 
 and subsequent purchasers and mortgagees of the person to 
 whom such goods and chattels are hired, leased, or agreed 
 to be sold. 
 
 Affidavit to ac- ^- Every bill of sale or chattel mortgage of personal 
 company bill of prQpgrty, other than mortgages to secure future advances- 
 or mortgages for securing the mortgagee against the 
 endorsement of any bills or promissory notes or other 
 liability incurred for the mortgagor, shall hereafter be 
 accompanied by an affiriavit of the party giving the same,, 
 or his agent or attorney duly authorized in that behalf, 
 that the amount set forth therein as being the consideration 
 thereof is justly and honestly due and owing by the 
 grantor to the grantee, and that the bill of sale or chattel 
 mortgage was executed in good faith and not for the- 
 purpose of protecting the propertj' mentioned therein, 
 against the creditors of the grantor or mortgagor, or of 
 preventing the creditors of such grantor or mortgagor from 
 obtaining pa3'ment of any claims against him ; otherwise- 
 such bill of sale or chattel mortgage shall be null and void 
 as against the creditors of the grantor or mortgagor. 
 
 Provisions for 5. In case of a mortgage of goods and chattels for 
 Idranofg. '"'"" Securing the mortgagee repayment of any future advances^ 
 or in case of a mortgage of goods and chattels for securing 
 the mortgagee against the endorsement of any bills or 
 promissory notes, or any other liability by him incurred 
 for the mortgagor, and in case it is executed in good faith, 
 and sets forth fully by recital or otherwise the terms,, 
 nature and effect of the agreement for such advances or 
 endorsements or other liability to be incurred, and the 
 amount of the liability intended to be created, and in case 
 
TITLE XXI.] PREVENTION OF FRAUDS ON CREDITORS. 651 
 
 such mortgage is accompanied by the affidavit of the Chap. 92. 
 
 mortgagor, as in the schedule hereto annexed, or in case 
 
 the mortgage has been given or entered into by an agent 
 
 or attorney duly authorized in writing. to give or enter into 
 
 such mortgage, and if the agent or attorney is aware of the 
 
 circumstances connected therewith, then, if accompanied 
 
 by the affidavit of such agent or attorney, such affidavit, 
 
 whether of the mortgagor or his agent or attorney, stkting 
 
 that the mortgage truly sets forth the agreement entered 
 
 into between the parties thereto, and truly states the 
 
 extent of the liability intended to be created and covered 
 
 by said mortgage, and that such mortgage was executed in 
 
 good faith and for the express purpose of securing the 
 
 mortgagee repayment of his advances, or against the 
 
 payment of the amount of his liability for the mortgagor, 
 
 as the case may be, and not for the purpose of securing the 
 
 goods and chattels mentioned therein against the creditors 
 
 of the mortgagor, nor to prevent such creditors from 
 
 recovering any claims which they may have against such 
 
 mortgagor, and in case such mortgage, with such affidavit, 
 
 is filed with the registrar of deeds of the county wherein 
 
 the maker resides, the same shall be valid and binding to 
 
 the same extent and as against the same persons as the 
 
 bills of sale or chattel mortgages mentioned in this Chapter ; 
 
 otherwise it shall be null and void as against the creditors 
 
 of the mortgagor. 
 
 6. The affidavits mentioned in the three next preceding Affidavits, be£or& 
 
 ini TIP • 1 £ L whom made. 
 
 sections shall be made betore a judge ot any court, any 
 commissioner for taking affidavits, or any justice of the 
 peace or notary public, and if the same is made by the 
 agent or attorney of the party required to make the same, contents. 
 it shall be set out in said affidavit that the said agent or 
 attorney making the same is personally • cognizant of the 
 facts therein set out. 
 
 7. The registrar of deeds shall cause the bills of sale biiis of sale when 
 or copies thereof deposited with him, to be numbered and Sd'and^ndS^ 
 indexed, and an alphabetical list thereof to be made in a^d. 
 
 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 
 
 same have been given ; and every bill of sale or copy may Fee for inapec- 
 
 be inspected by any person paying a fee of twenty cents 
 
 therefor. 
 
 8. When a bill of sale shall have been discharged, an Discharge, how 
 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 subscribing 
 witness, made before the registrar of deeds or any justice 
 
652 
 
 PREVENTION OF FRAUDS ON CREDITORS. [PART II. 
 
 Chap. 
 
 Begistrar's tees. 
 
 Meaning of 
 terms. 
 
 " Bills of sale.' 
 
 92. of the peace, or otherwise, as required for the registry of 
 deeds of real estate, and such certificate shall be indexed 
 and entered on the list, and on the files kept by the 
 registrar. 
 
 9. The registrar shall be entitled to twenty cents for 
 his trouble in filing, indexing and entering every bill of 
 sale or copy, and to twenty cents for administering every 
 oath, under this Chapter, and to twenty cents for entering 
 and indexing every certificate of discharge of a bill of sale. 
 
 10. In construing this Chapter the following words 
 and expressions shall have the meanings hereby assigned 
 to them, unless there be something in the subject or context 
 repugnant to such construction, that is to say : 
 
 The expression " bills of sale " shall include bills of 
 sale, assignments, transfers, declarations of trust without 
 transfer, and other assurances of personal chattels, and also 
 powers of attorney, authorities or licenses to take possession 
 of personal chattels as security for any debt, but shall not 
 include the following documents, that is to say, assignments 
 for the general benefit of the creditors of the person making 
 or giving the same, marriage settlements, transfers or 
 assignments of any ship or vessel, or any share thereof, 
 transfers of goods in the ordinary course of business of any 
 trade or calling, bills of sale of goods in foreign parts or at 
 sea, bills of lading, warehouse keepers' certificates, warrants 
 or orders for the delivery of goods, or any other documents 
 used in the ordinary course of business as proof of the 
 possession or control of goods, or authorizing or purporting 
 to authorize, either by endorsement or by delivery, the 
 possessors of such documents to transfer or receive goods 
 thereby represented, or assignments of personal property 
 to creditors under proceedings for the relief of insolvent 
 debtors. 
 
 The expression " personal chattels " shall mean goods, 
 furniture, fixtures and other articles capable of complete 
 transfer by delivery, and shall not include chattel interests 
 in real estate, nor shares or interests in the stock, funds, or 
 securities of any government, or in the capital or property 
 of any incorporated or joint stock company, nor choses in 
 action. 
 
 Apparent pos- Personal chattels shall be deemed to be in the 
 " apparent possession " of the person making or giving the 
 bill of sale so long as they shall remain or be in or upon 
 any building, land, or other premises occupied by him, or 
 as they shall be used and enjoyed by him in any place 
 whatsoever, notwithstanding that formal possession thereof 
 may have been taken by or given to any other person. 
 
 Personal chat- 
 tels." 
 
TITLE XXI.] PREVENTION OF FRAUDS ON CREDITORS. 653" 
 
 11. The affidavits mentioned in sections four and five ChAP. 92. - 
 of this Chapter shall be as nearly as may be in the forms ' 
 
 in schedules A. and B. respectively. 
 
 SCHEDTjriJBS. 
 
 A. 
 
 Canada, \ 
 
 Province of Nova Scotia, V 
 
 County of . ) 
 
 I, A. B., of , in the county of (occupation) 
 
 make oath and say as follows : 
 
 I am the grantor (or agent or attorney of the grantor 
 duly authorized in that behalf, and have a personal know- 
 ledge of the matters hereinafter deposed to) mentioned in 
 the accompanying bill of sale (or, chattel mortgage). 
 
 The amount set forth therein as being the consideration 
 thereof is justly and honestly due and owing by the grantor 
 to the grantee, and the bill of sale (or, chattel mortgage, as 
 the case may be,) was executed in good faith, and not for 
 the purpose of protecting the property mentioned therein 
 against the creditors of the grantor (or, mortgagor,) or of 
 preventing the creditors of such grantor (or, mortgagor,) 
 from obtaining payment of any claims against him. 
 
 Sworn to at , in the \ 
 
 county of , this — day I ,q,, s . p 
 
 of — — , A. D. 18-, \ (^g^) ^' ^- 
 
 Before me, ; 
 
 4 
 
 B. 
 
 Canada, 
 
 Province of Nova Scotia, 
 
 County of — — . 
 
 I, A. B. of , in the County of , (occupation) 
 
 make oath and say : 
 
 I am the mortgagor (or, agent or, attorney of the mort- 
 gagor duly authorized in that behalf, and have a personal 
 knowledge of the matters hereinafter deposed to) mentioned 
 in the accompanying chattel mortgage. 
 
■654 PREVENTION OF FfiAUDS ON CREDITORS. [PART H. 
 
 €!hap.. 92. The mortgage hereto annexed trulj' sets forth the 
 agreement entered into between the parties, and truly stateq 
 the extent of the liability intended to be created and 
 covered by said mortgagor, and that such mortgage was 
 executed in good faith and for the express purpose of 
 securing the mortgagee repayment of his advances {or, and, 
 against the payment df the amount of the liability of the 
 mortgagee for the mortgagor, as the ea^e may be,) and not 
 for the purpose of securing the goods and chattels mentioned 
 therein against the creditors of the mortgagor, nor to 
 prevent such creditors from recovering any claims they 
 may have against such mortgagor. 
 
 *^ Sworn to at , in the \ 
 
 county of , this — day ( ,^ . . . ^ 
 
 of , A. D. 18—. r ^^S^-J ^' ^■ 
 
 Before me, ) 
 
-title xxii.] solemnization of marriage. 655 
 
 Chap. 93. 
 
 TITLE XXII. 
 
 OF THE DOMESTIC RELATIONS. 
 
 CHAPTER 93. 
 
 OF THE SOLEMNIZATION OF MARRIAGE. 
 
 1. All marriages heretofore solemnized in this Province Certain mar- 
 in good faith before any minister of any religious denomi-vah™ ®°'*"'' 
 nation, in the presence of one or more witnesses, and where 
 
 the parties so married have cohabited together as man and 
 wife, shall be deemed and are hereby made valid ; notwith- 
 standing any real or supposed want of legal authority in 
 the ministers to solemnize such mairiages, and notwith- 
 standing an}' want of license or of publication of banns 
 under which such marriages were had, or any other legal 
 objection thereto. Provided, that nothing herein contained proviso, 
 shall have the effect of confirming or rendering valid any 
 marriage between parties who were not legally authorized 
 to enter into the marriage conti'act by reason of consan- 
 guinity, affinity, or otherwise. 
 
 2. The issue of all mari'iages hereby confirmed orissue declared 
 rendered valid, are declared to be and are made legitimate ^*^'"^**' 
 
 to all intents and purposes. 
 
 3. The I'ights of parties claiming under the issue of any claims under is- 
 such marriage, shall be the same to all intents and purposes yafj^, declared 
 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 Not to affect 
 aflfect any suit or other legal proceeding now pending. ^™ mgsui s. 
 
 5. The Governor-in-Council may from time to timeGovernor-in- 
 prescribe and change forms to be used in the carr3'ing into scribe forms.^'^ 
 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 obliga- 
 tions of this Chapter, in the same manner as if set out in a 
 schedule hereto and specially referred to, unless from the 
 
 •context the meaning is evidently different. The term Definition of 
 "deputy registrar" shall mean issuer of mari'iage licenses*""^" 
 and deputy registrar of mai-riages ; and "occupier" shall 
 include master, governor, keeper, steward, resident medical 
 officer or superintendent of gaol, prison, poors' asylum, 
 hospital, lunatic asylum, or other public or private charit- 
 
 -able institution. 
 
656 SOLEMNIZATION OF MARRIAGE. [PART II, 
 
 Chap. 93. 6. Every person recognized as a duly ordained clergy- 
 Peraonswhomayinan or minister by any congregation or body of Christians 
 solemnize mw within this Province, may solemnize marriage by license, 
 or after publication of banns, in conformity with the 
 provisions of this Chapter. 
 Marriage by 7. No persons shall officiate in the solemnization of 
 
 ''°™' any marriage, unless notice of such marriage shall have 
 
 previously been given publicly during the time of divine 
 service at three several meetings, at a place of public 
 worship, on two or more Sundays, provided there shall be 
 more than one public service in the said place of worship 
 on each Sunday, otherwise at two several meetings on two- 
 Sundays, in the place where at least one of the parties 
 By license. resides, or unless a license shall have been obtained as 
 
 herein prescribed for the solemnization of such marriage. 
 Banns, by whom 8. The officiating clergyman or minister of a congrega- 
 ^" '" " ' tion at the place where either of the parties desiring to be 
 married resides, shall give the notices in the preceding 
 section mentioned, after having been requested to do so, 
 unless in cases where compliance would be illegal or incon- 
 sistent with the rules and discipline of the church or 
 congregation to which the clergyman, minister or parties- 
 respectively belong. 
 Penalty for iiie- 9. Whosoever not being thereto duly authorized shall 
 at soiemnSation presume to solemnize or celebrate marriage, or shall officiate 
 of marriage. qj. assist in Solemnizing or celebrating anj' marriage, shall 
 for every such offence forfeit to the use of Her Majesty a 
 sum not exceeding four hundred dollars, nor less than one 
 hundred dollars, and suffer twelve months' imprisonment, 
 notwithstanding such marriage shall be invalid by law. 
 
 OF LICENSES FOE THE SOLEMNIZATION OF MARRIAGE. 
 
 Governor to sign 10. The Govemor ma\- from time to time sign and seal 
 tributoj'*''"'*'^ ™^''"^S® licenses in blank (and any marriage license so 
 signed and sealed in blank by any Lieutenant-Governor 
 before going out of office shall be as valid as if said 
 Lieutenant-Governor had remained in office down to the 
 date of issuing the same, and may be issued as hereinafter 
 provided in the same manner as if such Lieutenant- 
 Governor had not gone out of office), which shall be 
 distributed by the Provincial Secretary, who shall place 
 them in such number as may from time to time be required,, 
 together with an equal number of blank bonds, in the- 
 hands of persons to be appointed by the Governor-in- 
 Council throughout the Province to be issuers of marriage- 
 licenses and deputy registrars of marriages, and who shall 
 be so located as that no part of any county shall be at an 
 ?8he™°'"°"''"^' inconvenient distance from one of them. Due publicity 
 
TITLE XXII.] SOLEMNIZATION OP MARRIAGE. 657 
 
 under the direction of the Governor-in-Council shall be Chap. 93. 
 given to these appointments and the objects of this Chapter. 
 
 1 1. The issuers or deputy registrars shall deposit with Deputy regis- 
 the Provincial Secretary receipts for all the blank marriage cei'pt8''foMioen- 
 licenses they shall respectively receive, for which they"^*' 
 
 shall be answerable to him at the rate of. two dollars and 
 fifty cents for each license. 
 
 12. When a marriage license is required for use, Mode in which 
 application shall be made to an issuer or deputy registrar shaii^irup'™ 
 who, on receiving for the license two dollars and fif ty "'^^^jj''®" "p- 
 cents, and on execution, by the man contemplating marriage 
 
 and sufScient sureties, of one of the bonds properly tilled Bond, 
 up, shall insert in one of the blank marriage //censes in his 
 possession the 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 sub- 
 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 
 marriage clearly expressed in it, and it shall not, on any 
 pretence, be used for any other marriage. The bond, among 
 other things, shall be conditioned for return of the license. 
 
 13. Every deputy registrar or issuer shall record the Deputy registrar 
 issue of every license, with the date and the names of theot" n'emise '^and 
 clergyman, the parties and sureties, and shall record the p^°^°^'°s;9 
 return of every license, with the date when received by 
 
 him, and the particulars of the marriage, and the name of 
 the officiating clergyman as certified in the return. 
 
 14. Every clergyman authorized by law to perform Clergymen shall 
 the marriage ceremony shall apply for and shall on appli- S'^oTaff mar- 
 cation obtain from the neaiest issuer or deputy registrar, ™=es'n forms 
 
 1-11 • ■ 1 I • 1 furnished by 
 
 forms, in which he shall register with the requu'cd deputy registrar. ~ 
 particulars all the marriages celebrated by him, whether 
 bj' banns, license or otherwise. But this shall not be con- 
 strued to inteifore with the keeping of any other marriage 
 register he may be otherwise required or may see proper to 
 keep. 
 
 15. It shall be the duty of every deputy registrar to Deputy registrar 
 ascertain, as far as may be in his power, the several mar- marriage3*'"ia*" 
 riages occuriing in his vicinity, and to cause the same to v'""%- 
 
 be registered under the provisions of this Chapter. When when pei-sons 
 peisons whose signatures are required are unable to -write, ""*'''° '" ^'"°' 
 their cross or mark, made in the presence of and attested 
 by the deputy registrar or a witness, shall be e(juivalent 
 to signature. It shall be in the power of the Governoi'-in- go^^fnor-in- 
 Council, should it be found expedient for carrying out this fine limits of 
 Chapter, from time to time to cause the limits to be trTr"B%ri8dfotion 
 43 
 
658 SOI.EMOTZATION OF MARRIAGFE. [pART tl. 
 
 Chap. 93. defined of all, or of some only, of the deputy registrars' 
 jurisdiction under this Chapter, and as occasion may require 
 to alter the same, of which due publicity shall be given. 
 Errors in regis- If any error shall be discovered to have been committed in 
 t^.how coirect- j^jjg entry of any marriage in any register, the person dis- 
 covering the same shall forthwith give information thereof 
 to the deputy registrar, and such deputy registrar is 
 hereby authorized and required to investigate the circum- 
 stances of the case ; and if he shall be satisfied that an 
 error has been committed in any such entry, it shall be 
 lawful for him to correct the erroneous entry according to 
 the truth of the case, by entry in the margin, without any 
 Envelope en- alteration of the original entry. Envelopes enclosing the 
 &e.rhow'mOTke4 papers or returns required to be transmitted and made 
 under this Chapter, shall be marked '" registration returns," 
 with the signature of the officer or clergyman transmitting 
 subscribed, 
 
 RETURNS, 
 
 1, By Clergyman. 
 
 Clergyman shall 16. Every clergyman shall return to the issuer or 
 re^straT,''°nmr- deputy registrar, by whom the same is subscril:)ed, every 
 wifhin ten°da^^8 ^^^^''^^H^ liccRSC used by him for the celebration of marriage 
 alter marriage, within ten days after such celebration, with the blank 
 certificate endorsed thereon fully filled in and subscribed 
 by himself, stating the fact of the celebration, the names, 
 abodes, and additions of the couple married, the time and 
 " place of such marriage, and the names of at least two 
 
 persons present thereat besides himself. 
 Deputy ProTin- 17. AH marriage licenses or other documents reqiuired 
 may sign'^Hcense! under the provisions of this Chapter to be signed by the 
 Provincial Secretary, shall be as valid to all intents and 
 purposes if signed by the Depaty Provincial Secretary as if 
 signed b3' the Provincial Secretary, provided that the words 
 " Deputy Provincial Secretary " are added after such 
 signature. 
 Shall keep regis- 18. Every clergyman or minister shall keep a register 
 rii?esan'd retSn of all marriages Solemnized by him, whether by banns or 
 same to issuer. Jicgnse, by filling up a blank form with all the particulars 
 required concerning each marriage, and shall return it along 
 with the license, or by itself if said marriage has been 
 solemnized by banns, to the neare.st issuer of marriage 
 licenses, or the issuer from whom the license was received, 
 within ten days after such celebration, and shall be entitled 
 Fee. to receive twenty-five cents for each return of marriage so 
 
 made, provided it has been made conformably to law. 
 Issuers shall 19. Issuers of marriage licenses shall make returns to 
 Su^nsTTro'^the Provincial Secretary's ofiice, in the first weeks of 
 J^™!*'^^^^8«'=''«- January, April, July, and October in every year, of all 
 
IflTLE t.Xn.] -SOLEftNI^ATlON Ol" MARRIAGE. 
 
 ■marriages of which returns hav^e been made to them byCHAP. 93. 
 ■clergymen, which returns shall contain all the particulars " ~ 
 
 given in the forms filled lap and forwarded to them by said 
 ■clergymen^ and they shall receive fifty cents for eadk 
 marriage so retilrned, 'to be paid out of the marriage 
 license fund. 
 
 ^. 'By Deputy Registrar. ., 
 
 20. Every deputy registrar shall, in the second weeks Deputy regis- 
 \n January, April, July, and October in each year, return the™ ° following 
 •under his signatcite, to the Provincial Secreta,ry''s ofllce, as'"*'"'™- 
 Ifollows 1 — 
 
 (I.) All the licenses issued by him and fetufned to liiolj J;'d™|turnS"°'' 
 "with all certificates of matriage returned to him. 
 
 (2 ) All bonds taken by him on the issue of marriage Bonds, 
 licenses. 
 
 (3.) All the tegisters of marriage returned to him by Registers re- 
 
 clergymen. _ - _ _ ^ur„edbycler,y. 
 
 |(4) His own tecords of marriage licenses issued by, His own records 
 iand certificates of marriage returned to, him. "' mamages. 
 
 (•5 ) And, generally, all the entries and returns required ■^uiredHnderthis 
 under this Chapter to be made by the deputy registrar in chapter. 
 relation to marriages, together with an exact list of the 
 'documents returned, sigtied by him. 
 
 21. Every deputy registrar shall also, within the first Deputy teffistrw 
 
 1 p-r A'tiVi 1 r\ , \ • 1 shitl account to 
 
 Weeks ot January, April, July, and October in each year, provincial secre- 
 
 Tetnrn to the Provincial Secretar}'''s office an account, veri- 'enses'"' *" ''' 
 
 fied under oath, of alt marriage licenses issued by ,him, 
 
 ■and of the number of marriage licenses remaining in his 
 
 hands, and shall pay, and with such account transmit to 
 
 the Provincial Secretary'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 eighteenth section, and of Which he shall render 
 
 an account under his signature. 
 
 SPBNALrriES. 
 
 22. Evety person who shall officiate in the solemniza- Penalty fo^ sot- 
 
 u.' i -1 Ji- • J- c-i. emnizms mir- 
 
 tion 01 marriage, unless under license issued in coniortuity riage otherwise 
 with the provisions of this Chapter, or under banns or vided. *'°'° '*™ 
 notices given in conformity with the provisions of this 
 Chapter, shall forfeit two hundred dollars. 
 
 23. Every officiating clergyman «r minister of a Penalty f* re- 
 'congregation, who shall, in violation of the seventh and tices as m™set- 
 ■eighth sections, refuse or neglect to give the notices directed """^'"■"'is- 
 by those sections, shall, except as therein excepted, forfeit 
 
 two hundred dollars, and shall be liable to an action for 
 •damages at the suit of either di the parties aggrieved. 
 
660 SOLEMNIZATION OF MARRIAGE. [PART II. 
 
 Chap. 93. 24. Any clergyman or minister who shall use, and all 
 Penalty for falsi- persons who shall be instrumental in the using of,- a mar- 
 Kamae """""^ riage 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 be con- 
 cerned in celebrating any marriage under pretence of a 
 marriage license issued for another and different marriage, 
 shall, for every and each of the said offences, be liable to a 
 penalty not exceeding two hundred dollars. 
 Penalty for not 2-5. Every clergyman who shall not, within ten days 
 iTcense!"*' after the celebration of a marriage by him under license, 
 return the license with a certificate of the performance of 
 the ceremony as required by this Chapter, and every 
 clergyman entitled to solemnize marriage who shall not 
 within the time and in ,the manner required by the 
 eighteenth section, make the returri^ of marriages therein 
 directed, to the issuer of marriage licenses from whom he 
 received the blank forms, or if he shall not continue to be 
 issuer of marriage licenses, then to .his successor, or other- 
 wise to the nearest issuer of marriage licenses, or in case 
 of absence from home or illness, then within ten days after 
 return or recovery, shall for each neglect forfeit, for the use 
 of the issuer of marriage licenses to whom the return 
 should be made, four dollars, and for every day after such 
 ten days until return shall be made as required by this 
 Chapter, twelve and one half cents. 
 Penalty tor neg- 26, Every deputy registrar who neglects or refuses, or 
 detutyregutrar! without probable cau^e omits, to make any entry or fulfil 
 any duty which by this Chaptei' he ought to make or do, 
 or who shall carelessly lose or injure any license, or bond, 
 register, entry, document, or paper which was in his posses- 
 sion, under this Chapter, or who shall not within the 
 periods 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 
 anything contrary to the provisions of this Chapter, or 
 omit to do anything therein required, shall forfeit, to be 
 paid to the Provincial Secretary for the use of the marriage 
 license fund, a fine of four dollars, and the further sum of 
 twelve and one half cents' for every day for which any 
 such return or payment shall be delayed after the time 
 within which the same should be made. 
 
 Penalty for mak- ■ 27. Every person who shall knowingly or wilfully 
 ine^feise state- ^j^jjg^ ^^ g|^3^jl ^^^^^ ^^ ^^ m3i,de, for the purpose of being 
 
TITLE XXII.] PROPERTY OF MARRIED WOMEN. 661 
 
 inserted in any register of marriages, any false statements Chap. 94. 
 touching any of the particulars herein required to be known 
 and registered, shall forfeit two hundred dollars. 
 
 28. Every person who shall wilfully send to any news- Penalty for gtv- 
 
 „„ 1.1 • I 1 -■',,.,.*'. insr false Infor- 
 
 paper publisher, or other person, for publication in anymation. 
 newspaper in this Province, a fictitious or false statement 
 of the marriage of any person, shall forfeit and pay a sura 
 not exceeding one hundred dollars. 
 
 RECOVERT AND DIEiTEIBUTION OP PENALTIES AND PINES. 
 
 29. All fines and fees made payable to or for the use of ^'lea ana fees 
 a deputy registrar, may be sued ifor in the name of thetly^^effistravs'^"' 
 party entitled, as a private debt, and it shall be sufficient to''"'^ recovered, 
 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. 
 
 30. All fines, penalties, and forfeitures, which are notPi"«'' "ot made 
 made payable to, or to the use of, the deputy registrars, ty resietrars, 
 may be prosecuted by the Provincial Secretary, or by any^""' "<"'™"''- 
 party who feels aggrieved, in the county oi' district wherein 
 
 the offence occurred. The monej' when recovered, after 
 deducting expenses, shall be applied one half to the use of 
 the marriage license fund, and the other half to the use of 
 the municipality, to be paid to the municipal treasurer; 
 
 31. The action shall be conducted as for private debts, Motions, how 
 and it shall suffice if the writs briefly state the offence 
 committed. 
 
 ■S2. Every issuer of marriage licenses shall, before issuers of mai^ 
 entering upon the duties of his office, give a bond to Her give bonds. 
 Majesty with sureties in the sum of- two hundred dollars 
 for the faithful performance of his duties. 
 
 CHAPTER 94. 
 
 OF THE PROPERTY" OF MARRIED WOMEN, 
 PRELIMINARY. 
 
 1. This Chapter may be cited as the " Married shoit title. 
 Women's Property Act, 18M4." 
 
 2. In this Chapter, unless the context precludes such Definition of 
 construction, the term " Married Woman " shall mean a ^™*' 
 woman lawfully married to a man who has not died since 
 
 the marriage, nor been divorced a vinculo. 
 
 " Judge " shall include any judge of the Supreme Ctfurt 
 and County Court judge. 
 
662 PROPEETT OF BUEKIBD WOMEN» [;FART IB.. 
 
 Chap. 94. " Gtuardian " shall include every person^ body, or 
 ~" a,uthority having by law or in equity the custody or 
 control of the property of a person who is under age,, 
 insane, or under any other legai disability whatsoever. 
 
 " Business " shall' ineJude employment, occupation, trade 
 and profession ;, and, 
 
 '* Deed '" shall include deed, power of attorney, mortgage, 
 lease and any other conveyance under seal, whether of real 
 or personal property. 
 
 "HHE PROPEKTY (W JMPARRIED; WOBTEK IN; GENrERAIi. : ITS ACQUISITION ANIk 
 
 EIWOYMBNT. 
 
 Real and person- 3. Every mai'ried woman who- shall have married 
 
 wonfen ''married before the nineteenth day of April, A.D. 1884, without any 
 
 More 19th April jjja,rriage contract or settlement, shall and may, from and 
 
 after the said date, notwithstanding her coverture, have, 
 
 hold and enjoy all her real estate, not on or before such 
 
 date taken possession of by her husband, by himself or his. 
 
 tenants, and all her personal property, not on or before 
 
 such date reduced into the possession of her husband ; 
 
 whether such real estate or personal property shall have 
 
 belonged to her before marriage, or shall have been in any 
 
 way acquired by her after marriage, otherwise than from 
 
 her husband, free from his debts and obligations contracted 
 
 after such date, and from his coatifol or disposition without 
 
 her consent, in as full and ample a manner as if she were 
 
 sole and unmarried. 
 
 Keai estate oi 4. The real estate of any woman marrying after the 
 
 after wth^Apriu nineteenth day of April, A. D. 1 884, whether owned by her at 
 
 separate ^ro-''"' the time of her marriage or acquired in any manner during^ 
 
 pcrty. liei- coverture, otherwise than from her husband, and the 
 
 rents, issues and profits thereof, respectively, shall, without 
 
 prejudice to, and subject to, the trusts of any settlement 
 
 affecting the same, be held and enjoyed by her for her 
 
 separate Hse, free from any estate of her husband during 
 
 her lifetime, and from his debts and obligations ; and her 
 
 receipts alone shall be discharges for any rents, issues and 
 
 i^OTiso. profits of the same ; but nothing herein shall prejudice the 
 
 right of the husband as tenant by the curtesy in any real 
 
 estate of the wife which she has not disposed of during her 
 
 lifetime or by will. 
 
 Personal pro- 5. Every woman marrying after the nineteenth day of 
 
 imreriSg ""after April, A. D. ISHi, without any marriage contract or 
 
 to'belhdr'se^- Settlement, shall and may, notwithstanding her coverture, 
 
 ate property, have, hold and enjoy all her personal property, whether 
 
 belonging to her before marriage, or acquired by inheritance, 
 
 bfequest, or gift, or as next of kin to an intestate, or in any 
 
 other way, after marriage, free from thQ debts and abliga' 
 
TITLE XXII.] PROPERTY OF MARRIED WOMEIiT. 6fi3 
 
 tions of her husband, and free from his control or disposition Chap. 94. 
 
 without her consent, in as full and ample a manner as if 
 
 she continued sole and unmarried: Provided that this Proviso. 
 
 section shall not extend to any property received by a 
 
 married woman from her husband during coverture, beyond 
 
 necessary wearing apparel and other articles necessary for 
 
 her personal use. 
 
 6. The rents, or other proceeds or profits, arising from Rents «»• wo- 
 
 «_ "J •) 1,, 111.11 11 ceeds of married 
 
 a married woman s real estate, shall, in all cases, be her noman's real es- 
 
 separate property, free from her husband's control, debts orH'^^Jl^^ ^^^p"^! 
 
 obligations; and her receipts or acquittances for the same*J^- 
 
 shall be valid and sufficient for all purposes: Provided, she may ap- 
 
 however, anything in this Chapter to the contrary notwith-MceiYe*themf&^ 
 
 standing, that a married woman may, by power of attorney 
 
 duly executed and acknowledged, as prescribed in section 
 
 twenty-two, authorize her husband or any other person to 
 
 ask, demand, sue for, recover and manage such rents, 
 
 proceeds or profits, and to give acquittances and receipts 
 
 therefon 
 
 7. Any estate or interest to which a husband may by Hmband's inter- 
 virtue of his marriage be entitled in the real property of not "subject to 
 his wife, whether acquired before or after the nineteenth ^er we'* ''"""^ 
 day of April, A. D., 1884, shall not during her life be 
 
 subject to the debts of the husband; but this provision Proviso, 
 shall not affect the right which any person, by or under 
 any judgment or execution against the husband, shall have 
 obtained in respect of any such estate or interest acquired 
 by a husband before the said date, 
 
 8. Every married woman having separate property. Married woman's 
 whether real or personal, not settled by any ante-nuptial prrryiiabie'^upon 
 agreement, shall be liable upon any separate contract j"J|^g""P"*'°''°' 
 made or debt incurred by her before marriage, such 
 marriage being after the nineteenth day of April, A D. 
 
 1884, to the extent and value of such separate property, in 
 the same manner as if she were sole and unmarried. 
 
 9. A husband shall not, bj' reason of any marriage Limitation of 
 solemnized after the nineteenth day of April, A. D., 1884, be it™ *or' wife's 
 liable for the debts of his wife contracted before marriage, ??^*,\-3"^p'4^J,^°°- 
 or by reason of any tort committed by her before marriage, 
 
 beyond the value of the real and personal property which 
 he shall have received in connection with, or as a result of 
 the marriage, or which he with reasonable diligence might 
 have so received. 
 
 When a husband after marriage pays any debt of his 
 wife, or has a judgment bond fide recovered against him in 
 any action founded on her pre-nuptial contract or tort, 
 fcben the husband shall not in any subsequent action be 
 
C64 PROPERTY OF MARRIED WOMEN. [pART II. 
 
 Chap. 94. liable for more than the excess of the value of such property 
 over the amount of such payment or judgment. 
 
 Action by or 10. Id any action or proceeding at law or in equity 
 mman for^ante- by or against a married woman, upon any contract made or 
 acHon' ''^^^ "'debt incurred by her before marriage, her husband shall be 
 made a party, if residing within the Province"; but, if his 
 residence be out of the Province, the action or proceeding 
 may go on for or against her alone ; and in the declaration, 
 bill or statement of tlie cause of action, it shall be alleged 
 that such cause of action accrued before marriage, and also 
 that such married woman has separate estate ; and the 
 judgment or decree therein, if against such married woman 
 and her husband, or such married woman alone, .shall be to 
 recover of her separate estate only ; unless in any action or 
 proceeding against her in which her husband has been 
 joined as a party, any false plea or answer has been 
 pleaded or put in bj' him, when the judgment or decree 
 shall be, in addition, to recover against him the costs 
 occasioned by such false plea or answer, as in ordinary 
 cases. 
 
 Married woman 11. A married woman, in her own name or that of a 
 
 wl^oJrwith Ms trustee for her, may insure for her sole benefit or for the 
 
 band^a''^*'""^ "®^ or benefit of her children or of herself and her children, 
 
 her own life, or, with his consent, the life of her husband, 
 
 for any definite period, or for the term of her or his natural 
 
 Effect of such life; alnd the amount payable under such insurance shall 
 
 be receiveable for the sole and .separate use of such married 
 
 woman or her children, or herself and her children, as the 
 
 case may be, free from the claims of the representatives of 
 
 her husband, or of any of his creditors. 
 
 Man insurine his 12. A poHcy of insurance effected by any mari'ied man 
 children,"' &c^" on his own life and expressed upon the face of it to be for 
 Ss^ce.' ^'^'^''the benefit of his wife, or of his wife and children, or any 
 of them, shall ennre and be deemed a trust for the benefit 
 of his wife for her separate use, or of his wife and children, or 
 any of them, according to the interest so expressed, and shall 
 not, so long as any object of the trust remains, be subject 
 to the control of the husband or to his creditors, or form 
 part of his estate. 
 
 When the sum secured by the policy becomes payable, 
 or at any time previously, a trustee thereof may be 
 appointed by a judge, and the receipt of such trustee shall 
 Proviso. be a good discharge to the insurance ofiice. If it shall be 
 
 proved that the policy was effected and premiun5s paid by 
 the husband with intent to defraud his creditors, they shall 
 be entitled to receive out of the sum secured an amount 
 equal to the premiums so paid. 
 
TITLE XXII.] PROPERTY OF MARRIED WOMEN. 665 
 
 13. A married -woman may make deposits of money in Chap. 94. 
 her own name in any savings or other bank whatsoever, Married woman 
 and withdraw the same by her own cheque or order, and ;;;one/'''in''th6 
 any receipt or acquittance of such depositor shall be a bank and with- 
 sufficient legal discharge to any such bank. 
 
 14. If 'any such deposit or investment is made bv a" deposit of hus- 
 
 • J -L^ r c ^ ii''j band's money 
 
 married woman by means of moneys or her husband madewithouthis 
 without his consent, the court or a judge may, upon an ™"s™*- 
 application under the eighty-seventh section of this Chapter, 
 order the same, and the dividends, interest and profits 
 thereon, or anj' part thereof, to be transferred and paid to 
 the husband, or his assignee or legal representative. 
 
 15. Nothing hereinbefore contained in reference to Mo'i'^y J^p."?;'^"* 
 
 . o . . m fraud of hua- 
 
 moneys deposited or investments by any married woman, band's creditors, 
 shall, as against the creditors of the husband, give validity 
 to any deposit or investment of moneys of the husband 
 made in fraud of such creditors ; and any money so 
 deposited or invested may be followed as if this Chapter 
 had not been passed. 
 
 16. The husband and wife shall be joined, whether as Husband and 
 plaintiffs or defendants, in any suit arising out of, or in Action ''a^to her 
 connection with the wife's property or her tortious act or P'^P^-^'y "*"■■'=■ 
 omission, except as in this Chapter otherwise provided : p™™" /^. *° 
 
 T, .Til '^ .1 . Tiiiii 1 1 effect of judg- 
 
 Provided that any judgment recovered by the husband andment. 
 wife in any such action shall enure to the separate benefit 
 of the wife, and that anj' judgment recovered against them 
 for her tort shall bind her separate estate in the first 
 instance, and shall bind her husband's estate only so far as 
 hers is insufficient to respond the same, and in other cases 
 shall bind her separate estate alone and any assets which 
 the husband shall have received, or with reasonable diligence 
 might have received, through or as a result of the marriage. 
 The rule as to executions shall be similar, mutatis mutandis, Execution. 
 to that laid down in this section as to judgments. 
 
 17. Notwithstanding anything to the contrary con- credii}or of wife 
 tained in the next preceding section, a creditor having a ^ainstTusb'and 
 claim arising out of or in connection with the -wif e's '" "^'^'''° '^''^*'- 
 separate contract or propertj', shall, when the parties shall 
 
 have intermarried before the nineteenth day of April, A. D., 
 1884, — when the wife's separate estate and the assets received 
 by the husband through his marriage, are insufficient to 
 respond the same — be entitled to recover against the husband 
 the unpaid portion of such claim, in any case where such 
 creditor would have been legally entitled to recover previous 
 to the nineteenth day of April, A. D. 18S4 ; except where Exception, 
 such recovery is contrary to some provision of this Chapter 
 not contained in the next preceding section. 
 
666 PROPERTY OF MARRIED WOMEN, [PART II. 
 
 Chap. 94. 18. Nothing herein contained shall be construed to 
 Execution for protect the property of a married woman from seizure and 
 married woman 'sgg^jg qq a,jjy execution against her husband, or herself and 
 her husband, for her tort ; and in such case execution shall 
 piedge\SibLid-s fi''st be levied on her separate property ; and nothing 
 credit. herein shall be construed to prevent a wife from pledging 
 
 her husband's credit for any matter for which she may now 
 do so, without any express authority in that behalf. 
 Married woman 19. A married woman having separate property shall 
 her^hiiSen! ""' be subject to all such liability for the maintenance of her 
 children as a widow is now by law subject to for the 
 ProvUo. maintenance of her children : provided always that nothing 
 
 in this Chapter shall relieve her husband from any liability 
 at present imposed upon him by law to maintain her 
 children. 
 Chapter not to 20. Nothing in this Chapter contained shall be con- 
 ormarriage set^ strucd to prevent any ante-nuptial settlement or contract 
 tiements. being made in the same manner and with the same effect 
 
 as such settlement or contract might be made before the 
 Proviso as to pro- nineteenth day of April, A.D., 1884; but, notwithstanding 
 eluded in°setti£- any such Settlement or contract, any separate real or personal 
 °'°'"" property of a married woman, acquired either before or 
 
 after marriage, and not coming under or being affected by 
 such settlement or contract, shall be subject to the provi- 
 sions of this Chapter, in the same manner as if no such 
 settlement or contract had been made ; and as to such 
 property and her persoaal earnings and any acquisitions 
 therefrom, such woman shall be considered as having 
 married without any marriage contract or settlement. 
 Liability of hus- 21. Every husband who hereafter takes any interest 
 rSge settlement in the Separate property, real or personal, of his wife, under 
 any contract or settleipent on marriage, shall be liable upon 
 the contracts made or debts incurred by her before 
 marriage, to the extent or value of such interest only, and 
 no more. 
 
 CONVEYANCE AST) TRANSMISSION OF PKOPERTY OF MABBIED WOMEN, 
 
 Deeds of Married Women. 
 
 Married woman 22. Every married woman may by deed convey her 
 Stat^°oSere8t real estate, and extinguish any power or interest vested in 
 h™blnd'r"con-^^'" respecting or in any real estate, whether in her 
 currence. separate right, or in right of dower, or otheiwise howso- 
 
 ever, and may also by deed appoint an attorney for the 
 purposes aforesaid and every of them, as fully and effect- 
 ually as she could do if she were unmarried ; but except 
 as in this Chapter otherwise provided no such deed shall 
 be valid and effectual, unless the husband joins therein or 
 
TITLE XXII.J PROPERTY OF MARRIED WOMEN. 667 
 
 concurs therein by a separate conveyance executed by him ; Chap. 94. 
 and no such deed appointing an attorney shall be valid 
 or effectual unless the husband joins or concurs as aforesaid 
 therein, or in the deed executed in pursuance thereof : 
 Provided always that any deed or power of attorney made J"™^'?" »' *" »"• 
 
 , -J 1 ii • i- 11111 knowledgment. 
 
 by a married woman under this section shall be acknow- 
 ledged by her before a judge, or a justice of the peace, or a 
 notary public being a barrister of this Province, as her 
 free act and deed, and to have been executed without 
 compulsion by her husband, or to that effect ; which 
 acknowledgment shall thereupon be certified by such judge, 
 justice, or notary public, in writing upon such deed or 
 power of attorney. Such certificate shall be in the formFo™ of certia- 
 of schedule A to this Chapter, or to the like effect. 
 
 23. If such married woman reside without the P™- ^*t°*''5^f^ej 
 vince or be absent therefrom, such acknowledgment may woman taken 
 be taken before the mayor of any city, the judge of any*''™" ' 
 court of record, or a justice of the peace, before any public 
 minister, ambassador, consul or vice-consul of the Court of 
 
 the United Kingdom of Great Britain and Ireland, or before 
 a comiuissioner outside the Province, appointed by the 
 Govcrnor-in-Council under the provisions of the chapter 
 of the Revised Statutes, fifth series, " Of Witnesses and 
 Evidence," and shall be certified in writing on the deed or 
 power of attorney by such public functionarj' ; and in the 
 case of the acknowledgment being taken before the mayor 
 of a city or a justice of the peace, his certificate shall be 
 authenticated under the hand and seal of a notary public. 
 
 24. Every such acknowledgment and certificate shall Acknowiedg- 
 be registered with the deed or power of attorney, and shall tered. ° ^"^'*" 
 be valid and effectual to bar the right or right of dower of its effect. 
 
 the married woman in the lands and premises mentioned 
 in such deed or power of attorney. 
 
 25. Where a married woman shall not have executed a Married woman 
 deed of lands simultaneously, with her husband, she may atiSterest'^subsl- 
 any future time execute a deed of release of her interest g"nS's 'conveyl 
 therein to any person in whom the fee simple may he:^'"'^°^^<^^^- 
 Provided that the execution of such release be acknowledged Proviso. 
 
 in the manner above prescribed. 
 
 Where a husband shall not have executed a deed of Husband may 
 property simultaneously with his wife, he may at any [erl^»(ter wif6°'3 
 future time execute a deed, by way of release of his''**''" 
 interest therein, to the grantee under his wife's deed, or to 
 the person deriving title from such grantee. 
 
 26. The real estate of a married woman who does not conTeyance ot 
 live under a protection order, which is not the result of woman incertaln 
 her separate trading or employment under this Chapter, "^^^^ 
 
 may be conveyed, mortgaged, or leased in the maiuner 
 
668 PROPERTY OF MARRIED WOMEN. [PART II, 
 
 Chap. 94. described in section 22 : Provided that the purchase money, 
 Proviso aa to or the money borrowed, or rent, as the case may be, shall 
 proceeds, &o. (^g ^jjg separate property of the married woman, free- from 
 her husband's control, without her consent, and from his 
 debts or obligations ; and provided, also, that she shall 
 have power to lease any of her real estate, in any case where 
 an instrument under seal is not required by law, without 
 the concurrence of her husband, as freely as if she were 
 unmarried. 
 
 Wife may join 27. When the guardian of a married man is authorized 
 ian tn lonvly- te Sell the interest of such married man in any real estate 
 ance of her land. Qf jjjg ^vife, the wife may join with the guardian in the 
 conveyance, and thereby sell and convey all her estate and 
 interest in the granted premises, in like manner as she 
 might have done by a conveyance thereof made jointly 
 with her husband, if he had been under no legal disability. 
 
 Partition of real 28. The wife of a man who is under guardianship 
 
 estate of woman ■ . "ii. j.i j- j i.i t j? 
 
 where she ormay jom With the guardian, and the guardian or a woman 
 ffuirdianshrp.''^'^ ™^y ^^^^ with her husband, in making partition of her 
 real estate held in joint tenancy or in common ; and they 
 may make any release or other conveyance necessaiy or 
 proper for that purpose, in like manner as the parties might 
 do if neither of them was under legal disability. 
 
 Disposal by mar- 29. A married woman may dispose of her personal 
 
 her'personarpro- property, either absolutely or conditionally, without her 
 
 perty. husband's concurrence, or with such concurrence, in the like 
 
 cases respectively as provided with respect to her real 
 
 estate ; except as is in this Chapter otherwise provided. 
 
 Concurrence of 30. Any married woman residing in the Province, not 
 of'w^fe's'proplirty living Under a protection order, whose husband is confined 
 fil'oertain case'' '^^ ^ penitentiary or other prison for a criminal offence, or 
 whose husband has ceased to live with her without suffi- 
 cient legal cause, or resides without the Province, or whose 
 husband is a minor, or insane, or idiotic, or otherwise legally 
 incapacitated from executing a deed, or whose husband's 
 interest in her real estate has been sold under execution or 
 otherwise disposed of, may apply to a judge for an order 
 dispensing with the concurrence of such husband in any deed 
 whatsoever of or relating to her real or personal estate. The 
 judge if he deem it expedient shall cause the husband, or 
 the guardian of the husband if the husband h^ve a guardian, 
 to be notified of the order, in such a manner as the judge 
 may decide, before making the same absolute. If such 
 order shall be made absolute, either in the first instance or 
 after notice as aforesaid, such married woman shall have 
 power to execute such power of attorney, deed or other 
 
TITLK XXII.J PROPERTY OF MARRIED WOMEN. 669 
 
 conveyance as if she were unmarried. A certified copy of Chap. 94. 
 such order shall be registered with such deed or other Form of order, 
 conveyance. Such order shall be in the form of schedule 
 B, or to the like effect. 
 
 31. Every conveyance made before the nineteenth day ormMned* wo' 
 of April, A. D. 18iS4, executed by a married woman, of or men validated in 
 affecting her real estate, to which her husband was a party, °"*'° °"'°" 
 is and shall be taken and adjudged to be valid and effectual 
 
 to pass the estate which such conveyance professed to pass 
 of such married woman in such real estate, notwithstanding 
 the absence or want of a certificate of her consent to 
 convey the same, and notwithstanding any irregularity, 
 informality or defect in the certificate (if an}'), and not- 
 w^ithstanding that such 'conveyance may not have been 
 executed, acknowledged or certified, as required b\' any 
 Act at or before such date in force respecting the convey- 
 ance of real estate by married women. 
 
 32. Nothing in this Chapter contained shall render ceruin titles not 
 valid any conveyance, to the prejudice of any title acquired ° °''"''" 
 from the married woman, by deed duly executed and certi- 
 fied as by law required, subsequently to such convej'ance 
 
 and before the nineteenth day of April, A. D. 1884, unless 
 the actual possession or enjoyment of the real estate, con- 
 veyed or intended to be conveyed by the prior conveyance, 
 has been had at any time subsequent thereto by the grantee 
 therein, or those claiming by, from or under him, and he 
 or they have been in such actual possession or enjoyment 
 continuously for the period of three years before the nine- 
 teenth day of April, A. D. 1884, and he or they were at such 
 date in the actual possession or enjoyment thereof; and 
 nothing in this Chapter contained shall render valid any 
 conveyance from a married woman which was not executed 
 in good faith, or any conveyance of land of which the mar- 
 ried woman, or those claiming under her, is or are in the 
 actual possession or enjoyment contrary to the terms of 
 such conveyance. 
 
 Wills of Married Women, 
 
 33. Subject to the provisions and conditions herein- Married woman 
 after contained, a married woman may dispose of her "or'ty. '^'" '"''" 
 property, whether acquired before or after marriage, or be- 
 fore or after the nineteenth day of April, A. D., 1884, by will, 
 
 in the same manner and with the same eflfect as if she were 
 sole and unmarried. 
 
 (1.) If any such will of her property be made without Proviso aa to wiu 
 the. consent of the husband of such married woman, given hnfband'r^'^'ion' 
 in writing before her death, the husband after her death ""'• 
 
670 PROPERTY OB* MARRIED WoMliK. [f ART It. 
 
 Chap. 94. shall have the right to elect between the provision made for 
 " hiin in the will and his tenancy by the curtesy in his wife's 
 
 real estate ; and his election to waive the provision made 
 by the will shall be made known by a declaration in Writing, 
 signed by him and filed in the Court of Probate in which 
 the will shall have been proved, within three months after 
 he shall have been notified in writing of his wife's death, 
 and of the existence of the will, and the character of the 
 provision thereby made for him ; otherwise he shall be 
 deemed to have accepted such provision. If the husband 
 be within the Province no notice of the wife's death need 
 be given him. If he be without the Province, and his resi» 
 dence unknown, notice may be given him by advertisement 
 duly published in the Royal O'azette for a period of four 
 weeks. 
 
 ^"rovision as to (2.) No Will, Under which a husband takes a .greater 
 towiiS'''^^'^ interest in his wife's property, real and personal, than he 
 Would be entitled to in case of her dying intestate, shall be 
 valid or effectual unless such will shall be executed when 
 her husband is not present, and unless at the time of the 
 execution thereof the married woman shall declare in the 
 presence of the witnesses that she executes such will of her 
 free will and without any fear, threat, compulsion, or other 
 undue influence, of, from or by her husband. No such will 
 shall be admitted to probate or shall be deemed valid 
 unless a recital that such declaration was made is included 
 in the affidavit or other evidence of the execution of such 
 tfoviso. -will ; Provided, however, that such recital may be dis- 
 
 pensed with in any case where the testatrix makes the 
 declaration in question before a judge, magistrate, notary 
 public, or commissioner for taking affidavits, who appends 
 form of cectifl'to such Will a Certificate in the form of the schedule 
 ''*'*■ hereto, or to the like effect, for the taking of which a fee 
 
 of twenty-five cents, in addition to a fee for any necessary 
 travel, may be charged. 
 
 husband's con- 34. When a married woman makes a will under the 
 sent irrevocable, jjext preceding sBction with her husband's consent, such 
 consent shall not be revoked, except in the lifetime of such 
 married woman, and with her consent in writing, executed 
 Wife's will tevoo- in like manner as a will; but such wife may at any time 
 revoke or cancel such will without the consent of her 
 husband, by some writing declaring an intention to revoke 
 the same, and executed as required in the case of a will, or 
 by the burning, tearing or otherwise destroying the 
 same, by herself or by some person in her presence and 
 by her direction, with the intention of revoking the 
 samCi 
 
TITLE XXll.] PftOPERTTf OV MARRIED WOMEN. 671 
 
 Intestacy. ^Ihaf. 94. 
 
 35. If a married woman shall die intestate, leaving Disposition of 
 issue her surviving, her husband, in addition to his estate tm %om'en°°' 
 as tenant by the curtesy,, shall take : one third of her '»y'»s intestate- 
 personal property ; and the residue of her personal estate 
 
 shall be distributed amongst her issue in the like manner as 
 if she left no husband her surviving ; and if she shall die 
 intestate without issue her surviving, one half of the real 
 and personal estate owned by her in her otvn right or held 
 for her separate use shall go to her husband, and the other 
 half to her father, or if she have no father, then to her 
 mother, brothers and sisters in equal, shares, and the issue 
 of any deceased brother or sister by right of representation ; 
 and if there be no issue, father, mother, brother or sister, 
 or issue of brother or sister, the whole shall go to her 
 husband. 
 
 Proviso. 
 
 36. The powers of conveyinsr given by this Chapter to Powers of <son. 
 
 • J 111 , •'. ° '? "ifi veying given by 
 
 a married woman shall not impair or attect any powers ciiapter not to 
 which independently of this Chapter may be vested in, or^^'^^'^J powers?'" 
 limited or reserved to, her by contract or .settlement, so as 
 to prevent her from exercising such powers in any case, 
 except so far as by any conveyance under this Chapter 
 she may be prevented from so doing in consequence of 
 such powers haviflg been suspended or extinguished by 
 such conveyance. 
 
 FEOTECMON ORDERS. 
 
 37. Any married woman having a decree for alimony, ***"^«* *omea 
 
 1-1 i. 1 • i.1 i. c J -"may apply for 
 
 or any decree, judgment or order in the nature or a decree protection order 
 
 ij. 1' '..iiii "J in certain casee. 
 
 or order for alimony, against her husband; or any married 
 woman who lives apart from her husband, having been 
 obliged to leave him for cruelty or other cause which by 
 law justifies her leaving him and renders him liable for her 
 support; or an}' married woman whose husband is a lunatic, 
 with or without lucid intervals ; or any married woman 
 whose husband is undergoing sentence of imprisonment in 
 a penitentiary, gaol or other prison for a criminal offence ;■ 
 or any married woman, whose husband, from habitual 
 drunkenness, profligacy or other cause, neglects or refuses 
 to provide for her support and that of his family ; or any 
 married woman whose husband ha.s never been in this 
 'Province during her coverture; orany married Woman who 
 is deserted or abandoned by her husband, or whose husband 
 resides without the Province; may apply to a judge for an 
 order of protection entitling her, notwithstanding her 
 coverture, to have and enjoy all her earnings, or all her 
 
672 PROPERTY OF MARRIED WOMEN. [PAET 11. 
 
 Chap. 94. earnings and those of hei- minor children, and an}- acquisitions 
 therefrom, free from the debts or obligations of her 
 husband and from his control or disposition, and without 
 his consent, in as full and ample a manner as if she 
 continued sole and unmarried. 
 
 Granting and na- 38. Such judge, if satisfied that the application is well 
 turoof order, founded, may grant the order, making it applicable to the 
 earnings of the wife and her minor children, or to those of 
 the wife alone, an 1 making it to take effdct from the date 
 of the b3ginning of the cause for which it is granted, or 
 from any later date, as to such judge shall under the 
 circumstances of the case seem just and right. 
 
 Application tot 39. The married woman may at an}' time apply, or the 
 der! "'''' ° °' husband or anj' of the husband's creditors may at any 
 time, on notice to the married woman, apply to a judge for 
 the discharge of the order of protection ; and such judge 
 on sufficient cause shewn may grant such discharge. 
 Hearings pubiic 4(). The hearing of an application for an order of 
 protection, or for an order discharging the same, may be 
 public or private, at the discretion of the judge. 
 
 ordertoiisveno 41. Neither the order for protection nor the order 
 
 curded.™" " discharging the same shall have any effect until the same 
 
 is registered in the office of the registrar of deeds for the 
 
 county or district ; and the registrar shall, immediately 
 
 upon receiving any such order, endorse thereon the time of 
 
 Evidence of reu- registering the same; and a certificate of the registering 
 
 contents ot "ot- ^"^ date, signed by the registrar, shall be primA facie 
 
 der. evidence of such registering and date ; and a copy of the 
 
 order which is registered, certified under the hand of the 
 
 registrar to be a true copy thereof, shall be sufficient primd 
 
 facie evidence of the order without proof of the signature 
 
 of the registrar, and without further proof of the order 
 
 itself or of the making or validity thereof. 
 
 Disoiiarseofpro- 42, The Order for discharging an ordar for protection 
 retroapeotive."" shall not in any case ba retroactive, bat shall tike effect 
 from the time it is made and registered; an I the order for 
 protection, having been duly registered, shall protect the 
 earningrs of the married woman and her children, or of the 
 married woman alone, as the case may hi, until an order 
 Property aoquir- discharging the same be made and registered; and the 
 to b'e'wife'rsep-'^arried woman shall continue to hold and enjoy to her 
 arate estate, (separate use any property whatsoever which, during the 
 interval between the date fixed for the coming into force 
 of the order of protection and the registration of the order 
 discharging the same, she may have acquired by the earn- 
 ings of herself and her minor children, or of herself alone, 
 as the case may be. 
 
'TITLE XXII.] PROPERTY OF MARRIED WOMEN. 673 
 
 43. If the husband or any creditor of, or person claim- Chap. 94. 
 ing under the husband, shall seize or continue to hold any penalty for seiz- 
 property of the wife after notice of any protection order, '"^ ^^^ holding 
 he shall be liable at the suit of the wife (which she is teeted by order, 
 hereby empowered to bring) to restore the specific property, 
 
 •and also to pay a sum equal to double the value of the 
 property so seized or held after such notice. 
 
 44. The provisions herein contained respecting the order to protect 
 property of a wife who has obtained an order for protec- ^Ixecutrix^to! 
 "tion, shall be deemed to extend to property to which such 
 
 wife has become or shall become entitled as executrix, 
 ■administratrix or trustee subsequent to the time from which 
 the order operates; and the death of the testator or 
 intestate shall be deemed to be the time when such wife 
 became entitled as executrix or administratrix. 
 
 45. In every case where a wife shall have obtained a order to protect 
 protection order, the same shall until discharged be deemed with'wae. ^*''°^ 
 valid and efi'ectual so far as necessary for the protection of 
 
 any person dealing with the wife. 
 
 46. Property of or to which the wife is possessed orEemainders ana 
 entitled for an estate in remainder or reversion, at the date lUtetilyor^er" 
 of the order, shall be deemed to be included in the protec- 
 tion given by the order; unless the judge shall in his Proviso, 
 ■discretion otherwise decide. 
 
 47. Every protection order shall state the time at order to state 
 w^hich the cause in consequence whereof the order is mademenoementofits 
 commenced ; and the order shall, as regards all persons ''^"^^• 
 dealing with such wife in reliance thereon, be conclusive as 
 
 to the time when such cause commenced. 
 
 48. Any person who shall, in reliance on any such order Person dealing 
 as aforesaid, make any payment to, or permit any transfer Mder leases to 
 or act to be made or done by the wife who has obtained ed"*n?esr"e'iS 
 the same, shall, notwithstanding that such order may then h?'<iactuaj notice 
 have been discharged or the separation ceased or been 
 discontinued, be protected and indemnified in the same way 
 
 in all respects as if at the time of such payment, transfer 
 ■or other act, such order were still subsisting, 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 person had actual notice of the 
 discharge of such order: Provided, however, that such proviso, 
 actual notice shall not be necessary in the case of any 
 person who shall have had no dealing with such married 
 woman before the registration of the order discharging 
 such protection order. 
 
 49. A married woman living under a protection order, wife living un- 
 as to all her property and doings, shall be considered as aned'^°as^%in|i'e'*' 
 unmarried woman for the purposes of contract and wrongs ^""J^^" ^ *° 
 
674 PEOPERTY OF MARRIED WOMEN. [PART II, 
 
 Chap. 94. aiid injuries, and suing and being sued in any civil 
 
 proceeding; and her husband shall not be liable in respect of 
 
 any engagement or contract she may have entered into, or 
 
 for any wrongful act or omission by her, or for any costs 
 
 Proviso. she may incur as plaintiff or defendant: Provided that 
 
 nothing shall prevent the wife from joining at any time 
 
 during the existence of such protection order in the exercise 
 
 of any joint power given to herself and her husband. 
 
 Woman under 50. A married woman living under a protection order 
 
 ^^^IsTLmar- shall have the same power of conveying, mortgaging, leasing 
 
 ried. or otherwise disposing of all her real estate and personal 
 
 property, whether acquired or held under such order or 
 
 not, as if she were unmarried. 
 
 Will of woman 51. A married woman living under a protection order 
 
 der. shall have the same power of disposing of her property, 
 
 whether covered by such order or not, by will as if she 
 
 were unmarried. 
 
 A MAKKIED WOMAN'S SEPARATE BUSINESS. 
 
 Carried woman's 52. The wages and earnings of any married woman, 
 ings^ with "^hus- acquired or gained by her after the nineteenth day of April, 
 ji™*^ teom°^ his'^- ^- 1884, in any employment, occupation or trade in 
 debts or control -which she is engaged, or which she carries on separately 
 
 without proteo- . iiiiii l 
 
 tion order. from her husband, and also any money or property so 
 acquired by her through the exercise of any literary, artistic 
 or scientific skill, and all acquisitions from or investments 
 of such wages, earnings, money or property, shall be free 
 from the debts, disposition or control of her husband, and 
 shall be held and enjoj'ed by such married woman and dis- 
 posed of without her husband's consent, as fully as if she 
 were sole and unmarried ; and no order for protection shall 
 hereafter be necessary in respect of any of such earnings, 
 acquisitions or investments ; and the possession, whether 
 actual or constructive, by the husband of any personal 
 property of any married woman acquired under this section, 
 shall not render the same liable for his debts or obligations. 
 Provided, however, that this section shall not apply in any 
 case where the husband does not signify his consent in 
 writing to its so applying, which consent or license shall 
 be filed in the registry of deeds for the county or district 
 where the wife resides and does business, the signing: 
 thereof having been first proved by one witness. 
 Certificate to be 53. When & married woman does or proposes to do 
 clerk of munioi- business on her separate account, in addition to filing 
 pauty. ijgj, husband's consent or license in the registry of deeds as 
 
 provided in the next preceding section, she shall record m 
 the office of the clerk of the city or town in which she does- 
 or proposes to do such business, or of the clerk of the 
 
TITLE XXII.] PROPERTY OF MARRIED WOMEN. 675 
 
 , municipality or district, if such business is not to be carried Chap. 94. 
 on in a city or incorporated town, a certificate setting forth 
 
 . her name and that of her husband, the nature of the 
 business, and the place where it is or is proposed to be 
 carried on, giving if practicable the street and the number 
 on the street ; and when the nature of the business or the 
 place where it is carried on is changed a new certificate 
 shall be recorded accordingly. 
 
 If a married woman fails to file and record certificates consequences of 
 
 J. ■ 1 1 1 1 T Il^ 1 1 ii 1 i .J. failure to file and 
 
 as aforesaid, her husband may nle and record them ; but it record same. 
 such certificates are not filed and so recorded by either 
 husband or wife the property employed in such business 
 shall be liable to be attached as the property of the husband 
 and to be taken on execution against him, and the husband, 
 shall be liable upon all contracts lawfully made in the 
 prosecution of such business, in the same manner and tothe 
 same extent as if such contracts had been made by himself. 
 
 54. When a separate business done by a married woman certificates aied 
 
 .,. ,. 1 ' .. i-.i , 1. 1 and recorded 
 
 is discontinued, a revocation or the consent or license here- when separate 
 inbefore provided for by the husband shall be filed in ^Sued!' ^^' 
 the registry of deeds, and a certificate of the discontinuance 
 from the husband and wife, or from either of them, shall be 
 . recorded with the clerk of the municipality. 
 
 55. The clerk of every city, town or other municipality Municipal clerk 
 
 in i. L' I. • il i X 1 1 n to record certifi- 
 
 shall upon payment or his tees — not to exceed one dollar — cate. 
 
 record in a book kept for the purpose, any certificate Fees. 
 
 required by either of the two next preceding sections, 
 
 noting in such book and on the certificate itself the time 
 
 when such certificate is received ; and a certificate shall be 
 
 considered as recorded at the time when it is left at the 
 
 clerk's ofiice. Every such clerk shall keep an index of all index of certtfl- 
 
 certificates so recorded by him, which index, and the books °^^' 
 
 to which it refers, may be consulted by any person upon fee. 
 
 payment of a fee of ten cents. 
 
 56. A husband shall not be liable for any debts of his Husband not Ua- 
 wife in respect of any employment or business in which aJlsing^out^of 
 she is engaged in her own behalf (or in respect of any of her ^^^^^^^^^^'p^'**'^ 
 own contracts) from the date of the filing and registration 
 
 of the consent and certificate mentioned in the fifty-second 
 and fifty-third sections of this Chapter until the filing and 
 registration of a revocation of the same. 
 
 57. A married woman may maintain an action in her™''*''^'"8:8ep- 
 
 •^ arately may su& 
 
 own name for the recovery of any wages, earnings, money and be sued as it 
 and property to which she may be or become entitled under" *™^ ' 
 uhe fifty-second section of this Chapter, and shall have in 
 her own name the same remedies against all persons whom- 
 soever for the protection and security of such wages, earn- 
 ings, money and property as if the same belonged to her as 
 
676 PEOPEETT OF MAEEIED WOMEN. [PAET 11. 
 
 Chap. 94. an unmarried woman ; and any married woman may be 
 sued and proceeded against separately from her husband 
 in respect of any of her separate debts, engagements or 
 contracts arising out of or connected with such wages, 
 earnings, money and property, as if she were unmarried. 
 
 Wife trading sep- 58. A married woman carrying on a separate trade or 
 
 arately deemed .. •, i_ ^• p .iii' 
 
 an nnmarried occupation Under a couscnt or hcense as aroresaid, duly 
 S'pur^oses!^'^ recorded, as to her property and doings arising out of or 
 concerning such separate trade or occupation, shall be con- 
 sidered as an unmarried woman for the purposes of contract 
 and wrongs and injuries, and suing and being sued in any 
 civil proceeding; and her husband shall not be liable in 
 respect of any engagement or contract she may have 
 entered into, or for any wrongful act or omission by her, 
 or for any costs she may incur as plaintiff or defendant : 
 Proviso. Provided that nothing shall prevent the wife from joining, 
 
 at any time during the existence of such consent or license, 
 in the exercise of any joint power given to herself and her 
 husband. 
 Wife trading Sep- 59. A married woman carrying on a separate business 
 pose° of°certafn with her husbaud's consent under this Chapter, shall have 
 property. ^|^g same powers of conveying, mortgaging, leasing, or other- 
 
 wise disposing of, any real or personal estate which she 
 may have acquired as a result of such separate trading or 
 occupation, as if she were unmarried. 
 Wife trading sep- 60. A married woman carrying on a separate business 
 certain property, with her husband's consent or license, under this Chapter, 
 shall have the same power of disposing of the property 
 acquired in such business by will as if she were unmarried, 
 and as to any other property shall have the same rights as 
 Proviso. if there were no such consent or license : Provided that 
 
 any will so made, under which a husband takes a larger 
 proportion of his wife's property than if she died intestate, 
 shall have no effect unless she makes in connection there- 
 with the declaration or acknowledgment mentioned in the 
 thirty-third Section. 
 
 THE RIGHTS Or A MABRIBD WOMAN IN THE PROPERTY OF HER HUSBAND. 
 
 The Wife's Rights in case of her Husband's Intestacy. 
 
 tate'statl'^hus °' ^^' ^^^^^ ^ ^^^ ^^^^^ <^i® entitled to any real estate 
 ■band. in fee simple or for the 'life of another, not having devised 
 
 the same, and shall leave a widow and issue, the widow 
 shall be entitled, by way of dower, to a third part of such 
 real estate during the term of her natural life, or until the 
 earlier termination of the life upon which it is limited ; 
 and where any such man shall so die and shall leave a widow 
 and no issue, one half of his real estate shall go to his 
 
TITLE XXII.] PROPERTY OF MARRIED WOMEN. 677 
 
 widow in lieu of dower ; and, if such intestate shall have no Chap. 94. 
 kindred, the whole of his real estate shall go to his widow 
 for her own use. 
 
 62. Where any man shall die entitled to personal ^^.'^"^^^ ^g"^™ 
 property, not having bequeathed the same, and shall leave ty of intestate. 
 a widow, she 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 (if any), 
 and also such provisions and other articles as shall be 
 necessary for the reasonable sustenance of herself and the 
 children under her care for the period of ninety days after 
 the death of the husband, and in addition such provisions 
 and other necessaries for the use of herself and children as 
 shall be 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 widow shall also be allowed 
 one third of the residue of the personal estate which shall 
 remain after payment of the debts of the deceased, the 
 charges of his funeral and the expenses attendant upon 
 the settlement of the estate ; and if there be no lawful 
 issue of the intestate, one half of such residue ; and, if the 
 intestate shall have no kindred, the whole of such residue 
 shall go to the widow for her own use. 
 
 Dower. 
 
 63. If a testator by his will manifest an intention to when testator 
 
 dpi- .•^. . •,,',ii" means to bar 
 
 ispose 01 his property in a manner inconsistent with his dower, widow 
 
 wife's right to dower, the widow shall be obliged to elect ''™'*'="=°'- 
 
 between the provision made for her by the will and her 
 
 dower. 
 
 64. Where a husband dies beneficially entitled to any widow to have 
 land for an interest v.'^hich would not entitle his widow to auTestate.^*''" 
 dower out of the same at common law, and such interest, 
 whether wholly equitable or partly legal and partly 
 equitable, is an estate of inheritance in possesijion, or equal 
 
 to an estate of inheritance in possession (other than an 
 estate in joint tenancy), then his widow shall be entitled 
 (in equity) to dower out of such land. 
 
 65. Where a husband has been entitled to a right of widow entitled 
 
 , , 11. '1 1 1 1 to dower where 
 
 entry or action in any land, and his widow would be husband had 
 entitled to dower out of the same if he had recovered "lion'!* ™*''*' °"^ 
 p.ossession thereof, she shall be entitled to dower out of the 
 same although her husband did not recover possession 
 thereof ; but such dower shall be sued for or obtained Proviso. 
 within the period during which such right of entry or 
 action might be enforced. 
 
678 PROPERTY OF MARRIED WOMEN. [PART II. 
 
 Chap. 94. 66. Dower shall not be recoverable out of any separate 
 No dower out ot an'd distinct lot, tract or parcel of land, which at the time 
 unimproved land of ^.j^g alienation by the husband, or at the time of his 
 death if he died seised thereof, was in a state of nature 
 and unimproved by clearing, fencing or otherwise for the 
 Provisoes. purpose of Cultivation or occupation ; but this shall not 
 restrict or diminish the right to have woodland assigned to 
 the dowress under the chapter of the Revised Statutes, 
 fifth series, ' Of the Writ of Dower," from which it shall 
 be lawful for her to take firewood necessary for her own 
 use, and timber for fencing the other portions of land 
 assigned to her of the same lot, tract or parcel : Provided 
 also, that reasonable allowance shall be made for the value 
 of unimproved land whereof the widow shall not be 
 endowed, in setting off her dower in the improved lands of 
 her husband under such chapter. 
 
 ITow Dovjer may be bay'red. 
 Dower, how bar- 67. Dower may be barred as provided in sections 
 
 red. 
 
 twenty-two, twenty-three, twenty-four and twenty-five. 
 
 Wife may join in 68. When the guardian of a married man is duly 
 tand's^uardian! authorized to Sell or mortgage real estate of such married 
 man, the wife of such man may join with the guardian in 
 the conveyance, and thereViy release her right of dower in 
 the granted premises, in like manner as she might have 
 done by joining in a deed or mortgage thereof made by 
 her husband if he had been under no legal disability, 
 wiiere wife joins 69. In case of such release by the wife of her right of 
 terest""in "ro- dower, the procccds of the .sale may be so invested and 
 teo4d?' ^^'^ '"^°" disposed of as to secure to her the same right, use and. 
 benefit of and in the principal sum and the income thereof 
 as she would have had in such real estate if it had not been 
 sold. An agreement made between her and the guardian 
 for securing and disposing of the proceeds, or of any part 
 thereof, for the purpose aforesaid, if approved by a judge, 
 or any order therefor made by a 'judge if she and the, 
 guardian canhot agree, shall be valid and binding on all . 
 persons interested in the estate, and may be enforced in the , 
 proper court or by an action at law, as the case may . 
 require. 
 Husband of wife 70. Where an owncr of land whose wife is a lunatic 
 
 non compos may p i'i"j' l*it . -ji 
 
 get order dis- 01" 01 unsound mmd, IS desirous or sellmg or mortgagmgthe 
 exeoutfonof'oon- '^"'^ f*"®^ f™'" dower, and such wife has no guardian other 
 veyance. than her husband, or the guardian refuses to join in the 
 
 deed or mortgage, such owner may apply in that behalf to ' 
 Prooe.iure, &o. a judge, and if such judge approves, he may by an order' 
 to be made by him in a summary way, upon such evidence" 
 as to the judge seems meet, and either ex parte .or upon' 
 
TITLE XXII.J PROPERTY OF MARRIED WOMEN. 679 
 
 such notice as he may deem requisite, dispense with the Chap. 94. 
 concurrence of the wife for the purpose of barring her " 
 
 dower ; and the judge shall also ascertain and state in the 
 order, the value of such dower, and order such amount to 
 remain a charge upon the property, or to be secured 
 otherwise for the wife's benefit, or to be paid and applied 
 for her benefit, or shall make such other order as he deems 
 best ; and thereupon a deed or mortgage by the husband, , 
 ■expressed to be free from his wife's dower shall, subject to 
 the terms and conditions mentioned in the order, be sufficient 
 to bar her right thereto, as if she were of sound mind and 
 had duly executed a deed or mortgage jointly with her 
 ■husband for that purpose. 
 
 71. The next preceding section shall apply to any case Preceding seo- 
 
 T • 1 jj» 1 i 'i tion to be retra- 
 
 in which an agreement tor sale or mortgage was made,spective in cer- 
 
 and a conveyance executed by the husband before the ''"° ''''^^^■ 
 
 nineteenth day of April, A. D. 1884, and part of the 
 
 purchase money or loan retained by the purchaser or 
 
 mortgagee on account of dower, and to any case in which 
 
 an indemnity was given against the dower of the wife, also 
 
 to any case where any person owns or has the right to sell 
 
 ■or mortgage (whether as trustee or otherwise) land which 
 
 is subject to the dower of a lunatic, whether such dower is 
 
 inchoate or complete, and whether the person applying is , 
 
 ■or is not the husband of the lunatic. 
 
 72. Where a wife of an owner of land has been living where wife im- 
 apart from him for two years, under such circumstances as apart from iier 
 by law disentitle her to alimony or any similar allowance n,^ay'''dispensef* 
 for her maintenance, and such owner is desirous of selling ™*\*^"'i=™?"'* 
 •or mortgaging the land free from dower, he may apply to 
 
 a judge, and if the judge approves he maj'' by order to be 
 
 made by him in a summary way, upon such evidence as tO' 
 
 the judge seems meet, and either ex parte or upon notice 
 
 (to be served personally, unless the judge otherwise directs) 
 
 ■dispense with the concurrence of the wife for the purpose 
 
 of barring her dower; and he shall (unless the wife has Doiver protected 
 
 been so living apart from her husband under such circum-cS'S*'°°*'**™ 
 
 stances as disentitle her to dower) ascertain and state in 
 
 the order the value of such dower, and order such amount 
 
 ■to remain a charge upon the property, or to be secured 
 
 otherwise for the wife's benefit, or to be paid and applied 
 
 for her benefit, as he deems best ; and thereupon a deed or ■ 
 
 mortgage by the husband expressed to be free from his 
 
 wife's dower, shall, subject to any terms mentioned in the 
 
 order, be sufficient to bar her right thereto, as if she had 
 
 duly executed a deed or mortgage jointly with her husband 
 
 for that purpose. 
 
680 PEOPERTY OF MAREIED WOMEN. [PART 11^ 
 
 Chap. 94. 73. The next preceding section shall apply to any cas& 
 
 Preoedinff ^- in which an agreement for sale or mortgage was made, 
 
 tiTO ir*oeS' ^ conveyance executed by the husband before the nineteenth 
 
 cases. day of April, A. D. 1884, and a part of the purchase money 
 
 or loan retained by the purchaser or mortgagee on account- 
 
 of dower, or an indemnity given against such dower, and 
 
 also to any case where any person owns or has the right to 
 
 sell or mortgage (whether as trustee or otherwise) land 
 
 which is subject to dower, whether such dower is inchoate 
 
 or complete, and whether the person applying is or is not- 
 
 the husband of the dowress. 
 
 Barofdowernot 74 ]»^o bar of dower Contained in any mortgage or 
 
 to be extended. . . irr-p 
 
 other instrument intended to have the eiiect or a mortgage- 
 or other security upon real estate, shall operate to bar such . 
 dower to any greater extent than shall be necessary to give 
 full effect to the rights of the mortgagee or grantee under- 
 such instrument. 
 
 Wile to have 75. In the event of a sale of the land comprised in any 
 proved" of Kii^ such mortgage or other instrument under any power of 
 sale contained therein, or under any legal or equitable 
 process, the wife of the mortgagor or grantor who shall 
 have so barred her dower in such lands shall be entitled to- 
 dower in any surplus of the purchase money arising from 
 such sale which must remain after satisfaction of the claim 
 of the mortgagee or grantee, to the same extent as she- 
 would have been entitled to dower in the land from which 
 such surplus purchase money shall be derived had the same 
 not been sold. 
 
 Certain iiregfu- 76. Where a husband before the nineteenth day of 
 prejudice bar of April, A. D. 1884, duly conveycd land of whieh he was 
 ^er m certain j.|^g owner, any deed executed before the said date by his 
 wife for the purpose of barring her dower, to which deed 
 her husband is not a party, is and shall be taken and 
 adjudged to be valid and effectual to have barred her 
 dower in the lands in which such deed professed to bar 
 dower ; notwithstanding the absence or want of a certificate 
 touching her consent to be barred of her dower, and 
 notwithstanding any irregularity, informality or defect in 
 the certificate (if any), and notwithstanding that such deed 
 may not have been executed, acknowledged or certified, as- 
 required by the law heretofore in force respecting the 
 barring of dower. 
 
 Chapter not to 77. Nothing in this Chapter contained shall be- 
 "o?the°Writ°ot construed to affect the provisions of the chapter of the 
 Dower." Revised Statutes, fifth series, " Of the Writ of Dower,'" 
 
 further than is herein expressly mentioned. 
 
title xxii.] propebty of married women. 6s1 
 
 Chap. 94. 
 
 MISCBLLANEOTTS. 
 
 78. Nothing in this Chapter shall in any way affect chapter not to 
 
 I'l.i.i.^.j '. 1, "^ , affect certain 
 
 the rights or a married woman in and to any property now trusts. 
 or hereafter conveyed to a trustee or trustees for her 
 benefit. 
 
 79. If at the time of her marriage a woman is acting won^n.ift'ngas 
 
 6X6CU1j1*1X ufC 
 
 as executrix, administratrix, guardian, or trustee, she shall when married^ 
 have power to continue to act in such capacity, notwith-^j-T o°'5ie'^"ge to 
 standing her coverture and irrespective of her husband's ^*™^j^J'™^*""*'* 
 consent ; but if she has not obtained probate of the will, or 
 taken out letters of administration, or been appointed 
 guardian or trustee, she shall not have power to act as 
 executrix or administratrix, guardian or trustee without 
 her husband's consent, which shall be in writing and shall 
 be filed in the proper court. Such consent shall not be 
 revoked, except with the concurrence of the judge or judge 
 of probate for cause shewn. 
 
 80. Nothing herein contained shall enable any married Nothing to en- 
 
 d^i £ J. L ± J L able minor mar- 
 
 er the age or twenty-one years to do any actried woman to 
 
 or enter into any contract which she could not do or^enter^,"^^"!;?^^*""^ '' 
 
 into if unmarried. Provided, however, that it shall be Proviso. 
 
 competent and lawful for any married female infant to 
 
 relinquish her right of dower in any property of her 
 
 husband, whether by joining in his deed or by executing a 
 
 separate conveyance, and in either case making the usual 
 
 declaration that such deed was made voluntarily. 
 
 81. Nothing herein contained shall authorize any Married woman 
 married woman to make a contract with her husband with *°her"hu8- 
 otherwise than in this Chapter expressly mentioned; but a j^g"?(' j^"'^^^*^ 
 married woman shall be a competent witness as to injuries oases. 
 
 to her property by her husband. 
 
 82. When a married woman comes into this Province Married woman 
 from another province, colony or country, without herabroal without 
 husband, he never having lived with her in this Province, ^J^^^^^'^^^sfl^' 
 she shall have all the powers and be subject to all tbe 
 liabilities of an unmarried woman. 
 
 83. When a husband and his wife, married in another Persons married 
 
 1 , • i J.I.* T> • "Ai abroad coming 
 
 province, colony or country, come into this Province, either to iive in Prov- 
 
 at the same time or at different times, and reside here as'""®' 
 
 husband and wife, she shall retain all property which she 
 
 had acquired under the laws of any other province, colony 
 
 or country, or by a marriage contract or settlement made 
 
 out of this Province. Their so residing together here shall 
 
 have the same effect with fegard to their subsequent rights 
 
 and liabilities as if they had married at the time of their 
 
 first residing together in this Province. 
 
•682 PROPERTY OF MARRIED WOMEN. [PART II. 
 
 Chap. 94. 84. No conveyance or other act of a wife in respect of 
 Husband'3 cur-tcr real estatc shall deprive her husband, without his con- 
 tesy protected, ggjjj;^ gf j^jjy estate he may become entitled to as tenant by 
 
 the curtesy, except as herein otherwise provided. 
 
 Gift to husband 85. Np Will nor any devise Or bequest in any will made 
 
 no^ mva * « ^y g^jjy ndarried woman, shall be void by reason of any 
 
 devise or bequest, or of any gift or dispo.sition to or for the 
 
 Exception. ^se or benefit of her husband, except as in this Chapter 
 
 otherwise provided. 
 Guardian. 86. A husband shall in no case be the guardian of his 
 
 wife, nor a wife the guardian of husband. 
 Questions as to 87. In any question between husband and wife as to 
 decided ^™by 'property declared or deemed to be declared by this Chapter 
 appeal.™''''^''*'" to be the separate property of the wife, either party may 
 apply to a judge for such order as he or she shall desire; 
 and thereupon such judge shall make such order, direct 
 such inquiry, and award such costs as he shall think fit : 
 Provided that any order made by such judge shall be sub- 
 ject to appeal in the same manner as the order of the same 
 judge made in a pending action or suit at law or in equity 
 would, have been; and the judge may if either party so ' 
 require hear the application in his private room. 
 Making and reg- 88. Any Order granted under this Chapter may be in 
 
 istration of or- t ^ i . , . , i i n i 
 
 deraunderchap- duplicate or in as many parts as are necessary, and shall be 
 *"■ signed by the judge granting the same; and where the 
 
 same affects the title to real estate a duplicate or counter- 
 part order, or a copy of such order certified by the pro- 
 thonotary of the Supreme Court or the clerk of the County 
 Court, as the case may be, may be recorded in the registry 
 of deeds for the county or district wherein the lands to, 
 which the same relates are situate, upon its production 
 and depo.sit, without any further proof thereof; and 
 such recording ma\' take place either before or after the 
 execution of the deed made in pursuance of such order. 
 Order endorsed 89. Any such Order relating to a deed may if desired 
 Tstered'^ ^"there- be cndorscd or Written upon the deed to which the same 
 ^*^- relates, in which case it shall be registered as part of the 
 
 deed. 
 Registrar's fees. 90. For the registration of any such order, including 
 all necessary entries and certificates, the registrar shall be 
 entitled to a fee of one dollar, unless the order is endorsed 
 or written upon the deed, in which case the registrar shall 
 be entitled to be paid as if the order formed a portion of ' 
 the deed, and not otherwise. 
 Endorsed order 91. If any such Order is endorsed or written upon the 
 .sonptfonlndeeddeed, to be made in pursuance thereof, the real estate to 
 which the same relates may be described in the order by' 
 reference to the description contained in the deed. 
 
TITLE XXII.] PROPERTY OF MARRIED WOMEN. 683 
 
 92. The affidavits and papers upon which the order is Chap. 94, 
 obtained shall be filed in the office of the prothonotary or Papers, where 
 ■clerk of the court of which the judge granting the order ^^"i- 
 is a judge ; and for filing such affidavits and papers the 
 prothonotary or clerk shall be entitled to the same fees as Fees. 
 he is entitled to for filing similar papers in other cases. 
 
 9.3. Any agreement in writing made before marriage, P"^*-""?^*' 
 between the intended husband and the intended wife, orcreedotohUdren, 
 ber father, guardian or trustee, as to the religion in which '" '"^' 
 "the children of the intended marriage or any of them shall 
 be brought up or educated, shall bind the husband and 
 wife after marriage and their legal representatives, unless 
 ■changed by mutual consent expressed in writing. 
 
 94. A woman guilty of adultery which has not been ^™J™ s^jjjy «* 
 ■condoned by the husband, shall not be entitled to dower, titled to dower, 
 nor be capable of taking advantage of any of the privileges 
 conferred by this Chapter. 
 
 95. A married woman carrying on business under this Married woman 
 Chapter, whether by virtue of a protection order or of her chapter, subject 
 husband's concurrence as hereinbefore provided, shall enjoy t°f'y^°g™°*'^''''" 
 all the advantages and be subject to all the liabilities arising , 
 
 under the laws as to insolvent debtors for the time being 
 in force in this Province. i 
 
 96. Nothing in this Chapter contained shall defeat or P^'^p.'f, "o* *" 
 
 ,.j , => , , '^ L c 1.1. L- „ Invalidate agree- 
 
 invalidate any voluntary agreement tor the separation oiments for sepa- 
 husband and wife; but such agreement may be made arid"^^''™' 
 entered into and enforced, as if this Chapter had not 
 been passed. 
 
 97. The Supreme Court or a majority of the judges supreme court 
 thereof shall have power, and it shall be their duty, to undM^this chap- 
 make all such rules as they shall deem necessary or*f- 
 desirable for the more effectual carrying out of the purposes 
 
 of this Chapter, including (amongst other things) the regu- 
 lation of the procedure thereunder and the fees to be paid 
 for the various services necessarily performed ; and such 
 rules, when not inconsistent with, this Chapter, nor with 
 any future enactment for the time being in force in this . 
 Province, shall from and after their publication in the i 
 Royal Gazette have the force of law. 
 
 98. In all cases not provided for by this Chapter orn-actioeandfees 
 by rules made under the next preceding section, the Jor casS™"'*^'^ 
 practice and fees shall be the same as in the Supreme ' 
 
 Court in similar cases and for similar services, and the fees 
 payable to registrars of deeds for recording and filing 
 papers tinder this Chapter shall bfe regulated by the 
 existing tariff". 
 
684 PROPERTY OF MARRIED WOMEN. [PART IX.. 
 
 Chap. 94. 99. Nothing in this Chapter shall affect the rights of 
 Chapter not af- any party to a suit actually begun before the nineteenth 
 Sdts ^nor'°!)i. '^^y °^ April, A. D. ] 884, nor shall anything herein abridge- 
 TOrce Court, the authority of the Court for Divorce and Matrimonial. 
 Causes. 
 
 SCIIEX>Xjr,ES. 
 
 Certificate of Wife's Acknowledgment of her Execution of 
 
 a Deed. 
 
 Province of Nova Scotia, ) 
 SS. f 
 
 Be it remembered that on this day of 
 
 A. D. 18 — , before me, the subscriber, personally came and 
 appeared C. D., wife of A. B., mentioned in the foregoing 
 Indenture, who, having been by me examined separate and 
 apart from her said husband, did declare and acknowledge 
 that she executed the said Indenture, as and for her act 
 and deed, without fear, threat or compulsion, of, from, or 
 by her said husband, and for a full release of all her claims 
 to the land (or, as the case may he) therein described. 
 
 B. 
 
 Judge's Order Dispensing with Husband's Concurrence- 
 in a Deed. 
 
 " Married Women's Property Act, 1884." 
 
 Upon application of C. D., of , the wife of A. B.,. 
 
 of , (or formerly of ), I, one of the Judges of 
 
 the Supreme Court of the Province of Nova Scotia, (or, as 
 the case may be), do, pursuant to the " Married Women's 
 Property Act, 1884," order that the saidC. D. may, in the- 
 same manner and with the same effect as if she were an 
 unmarried woman, bargain, sell and convey {or, appoint an 
 attorney or attorneys to bargain, sell and convey) all or any 
 part of her estate, title, and interest, of, in, to or out of all 
 and singular (describe the prem,ises) [or bar her dower or- 
 
TITLE XXII.] PUNISHMENT OF WRONGS TO CHILDREN. 685 
 
 right, or inchoate right of dower, (or appoint an attorney to Chap . 95. 
 bar her dower, or right or inchoate right of dower, as the 
 ^ase may be) in, to or out of all and singular (describe the 
 premises)]. 
 
 Dated this day of , A. D. 18 — . 
 
 (Signature of judge.) 
 
 Certificate of Married Woman's Acknowledgment of 
 Execution of Will. 
 
 Province of Nova Scotia, ) 
 SS. J 
 
 Be it remembered that on this day of , 
 
 A. D. 18 — , before me, the subscriber, , personally 
 
 came and appeared C. D., of , wife of A. B., of 
 
 • , the testatrix mentioned in the foregoing {or, 
 
 within) Will, who, having been by me examined separate and 
 apart from her said husband, did declare and acknowledge 
 that she executed the said Will freely and voluntarily, as 
 •and for her own act and deed, and without any fear, 
 threat, compulsion, or other undue influence whatsoever, of, 
 from or by her said husband. 
 
 CHAPTER 95. 
 
 or the PREVENTION AND PUNISHMENT OF WRONGS TO 
 
 CHILDREN. 
 
 1. No minor under the age of sixteen years shall be Minors not to 
 admitted at any time to, or permitted to remain in, any &e.''"^" ° °°''^' 
 saloon or place of entertainment where any spirituous 
 liquors or wines or intoxicating or malt liquors are sold, 
 exchanged, or given away, or in any of the places of 
 amusement known as dance houses, billiard rooms, cippi 
 rooms, dancing classes, clubs, or concert saloons, unless 
 accompanied by his or her parent or guardian, nor into 
 any bawdy house or house of ill fame under any circum- 
 stances whatever. No proprietor, keeper or manager of 
 
686 PUNISHMENT OF WRONGS TO CHILDEEN. [PAET lU 
 
 Chap. 95. any such place, shall admit such minor to, or permit him or 
 -'~ '- her to remain, in any such place, unless under the condition 
 
 hereinbefore mentioned ; provided that in the case of 
 dancing classes only the written permission of the parent 
 or guardian shall be sufficient authority for the proprietor, 
 keeper, or manager to allow or permit the attendance of 
 such minor. 
 Officers entitled 2. It shall bc lawful for any justice of the peace, 
 ^yisi P''^™'^^^> gjjgriff , constable, or police officer at all times to enter in 
 and upon any of the premises mentioned in the previous 
 clause, in order to ascertain if there be any minors under 
 the age of sixteen therein ; and if any such be found 
 therein, to take them into custody and bring them before a 
 justice of the peace for examination. All persons upon 
 being required by any of the said officers to open their 
 said premises and grant free admission to the same, shall dO' 
 so immediately, and any person or persons who shall 
 refuse admission to his, her or their premises, or who shall 
 obstruct any such officer in the performance of his duty, 
 shall be guilty of an offence under this Chapter, 
 chudren treated 3. Whenever the parent or other person having the 
 S^o8e'd''of.' '""^ care and custody of a child within the age previously 
 mentioned in this Chapter, is convicted before any court or 
 magistrate with having assaulted, beaten, illused, abandoned 
 or treated said child with habitual cruelty and neglect, or 
 said child is suffered to grow up without salutary parental 
 control, or in circumstances exposing him or her to lead an 
 idle and dissolute life, and the court or magistrate before 
 whom such conviction is had deems it desirable for the 
 welfare of such child that the person so convicted should 
 be deprived of its custody thereafter, such court or 
 magistrate may commit such child to an orphan asylum, 
 charitable or other institution, or make such other 
 disposition thereof as now is or hereafter may be provided 
 by law in cases of vagrant, truant, disorderly, pauper or 
 destitute children. 
 Proof of age to 4. Whenever any person is charged with an offence 
 charged. ^^'^'' against this Chapter in respect of^a child, who in the 
 opinion of the court trying the case is apparently of the 
 age alleged by the informant, it shall lie on the person 
 charged to prove that the child is not of that age. 
 Forfeiture, &o., 5. Any persou convicted of any offence against any of 
 party."™ '™ °' the provisions of this Chapter before any two or more 
 justices of the peace for the district, county or place in 
 which the offence has been committed, or before some 
 magistrate or officer sitting alone or with others at some 
 court or other place appointed for the administration of 
 justice within such district, county or place, and for the 
 
TITLE XXII.] GUARDIANS AND WAEDS. 687' 
 
 time being empowered to do alone any act authorized to be Chap. 96. 
 done by more than one justice of the peace, shall, on 
 summary conviction, for every such offence forfeit and pay 
 such sum of money, not exceeding one hundred dollars, 
 nor less than twenty dollars, with full costs, as to such 
 justices, magistrate or officer shall seem fit. 
 
 6. The offender shall, in default of payment, beimpriaonmentini 
 committed to the common gaol, or other place of confine- ment. 
 
 ment for the district, county or place in which the offence 
 was committed, there to be imprisoned for any time not 
 exceeding ninety days, or less than thirty days. 
 
 7. All fines, penalties and forfeitures imposed and Fines, &c., how 
 collected under the provisions of this Chapter, and every '^^"^^ 
 
 Act passed or which may be passed relating to or affecting 
 children, in any case where the prosecution is instituted by 
 a society incorporated for the prevention of cruelty to 
 children, or for the prevention of cruelty to animals, shall 
 inure to such society in aid of the purposes for which it is 
 incorporated. 
 
 CHAPTER 96. 
 
 OF GUARDIANS AND WAEDS. 
 
 1. The father of unmarried children under the age of Guardians may 
 twenty-one years ma}' by any instrument in writing exe- fatS"'" ^ '' 
 cuted in the presence of two witnesses dispose of the 
 custody and tuition of such children, or of any child who 
 
 at the time of his father's death may be unborn, so long as 
 they shall respectively remain under the age of twenty-one 
 years, or for any shorter period ; and the father may make 
 such disposition though he be not himself of the age of 
 twenty-one years. 
 
 2. Judges of probate may appoint guardians to minors Guardians, when 
 where none have been appointed by the father, the next of ed by^u§ge"of 
 kin to be appointed if any of them shall apply, unless on p™'^='*^- 
 special cause shown the judge of probate shall decide to 
 
 the contrary, otherwise such person as the judge shall 
 think proper; but if the minor be of the age of fourteen 
 years, or having had a guardian appointed by the judge of 
 probate shall arrive at the age of fourteen years, he may 
 appoint his own guardian, and such appointment shall be 
 confirmed by the judge of probate on the guardian giving 
 the security hereinafter specified. 
 
€88 GUARDIANSHIP AND CAEE OF DRUNKARDS. [PART II. 
 
 Chap. 97. 3. All guardians appointed under the provisions of this 
 
 Powers of guard- Chapter shall have the exclusive 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 possession of all their pro- 
 perty, real and personal, receive the rents and profits 
 thereof, and manage the same during the period of their 
 guardianship, and may maintain all actions at law or in 
 equity in relation thereto, as such children could do if of 
 full age. 
 Bonds to be 4. Every guardian appointed by the judge of probate, 
 
 conditions. Or nominated b}' the minor and confirmed by him, shall 
 previous to the letters of guardianship being issued, file in 
 the Probate Court a bond, with two sureties to be approved 
 of by the judge, and to be taken in his name, with a 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 just account thereof to the Court of Probate when 
 required, and to the wai'd when he shall come of age. 
 Letters, iiow ap- 5. No letters of guardianship shall be granted by any 
 when granted." judge of probate uuless application therefor be made by 
 the minor or some near relation of his, or by the executors 
 or administrators of an estate in which the minor is inter- 
 ested ; and the judge upon such application may appoint 
 guardians in any suit pending before him, for the purposes 
 of such suit without requiring a bond. 
 Apprenticeships 6. The provisions of this Chapter shall not affect any 
 nSt^'^affectS apprenticeship which may legally have been entered into 
 thereby. j^y qj, qjj behalf of any minor, or by any overseers or com- 
 
 missioners of the poor. 
 
 CHAPTER 97. 
 
 OF THE GUARDIANSHIP AND CARE OF DRUNKARDS. 
 
 Interpretation 1. In Construing this Chapter the word " interdiction " 
 
 shall mean the declaring incapable by reason of habitual 
 drunkenness by any person of the management of his or 
 her business and affairs as of an insane person under 
 Chapter 38 of the Revised Statutes, fifth series, 
 .--a- .. — 2. On petition under oath presented to any one of the 
 petition ™und°erjudges of the Supreme Court of Nova Scotia, whether by 
 ?ort'hcaus*e'"maya'ny relative, friend or creditor of any habitual drunkard, 
 
 mi^dranicard''''" ^^''^^'^o ^°^''^ ^^^^ ^X ^^^^^^ °^ such drunkenness such 
 habitual drunkard either squanders or mismanages his 
 
 clause. 
 
 Judge of Su- 
 
TITLE XXIl] GUARDIANSHIP AND CARE OF DRUNKARDS. 689 
 
 property, or places his family in trouble or distress, or Chap, 97. 
 transacts his business prejudicially to the interests of his 
 family, his friends or his creditors, or that he uses intoxi- 
 cating liquors to such an extent that he incurs the danger 
 of ruining his health and shortening his life thereby, such 
 judge, for any of such reasons established before him to 
 his satisfaction, may pronounce the interdiction of such 
 habitual drunkard, and appoint a guardian to him to manage 
 his affairs and control his person, as in the case of a 
 guardian for an insane person or lunatic. 
 
 3. The interdiction of such habitual drunkard shall be intodiotion to 
 proceeded with before a judge by summoning before such with ''™bef ore 
 judge, at any term of the Supreme Court held in the^^^?„^y„'|''t'e",? 
 county in which such habitual drunkard resides, or at any ''™™y under 
 
 •' . . ,.,1 . 11,1. n oath ot Witnesses 
 
 other convenient time, reliable witnesses, and by taking the 
 opinion and testimony under oath of such witnesses as may 
 be produced, or as the judge may require, as to the truth of 
 the fact of the per.son whose interdiction is proposed being 
 an habitual drunkard and as to the necessity of such 
 interdiction. 
 
 4 The interdiction of any person under the provisions Effept oi inter- 
 of this Chapter shall have the same eff'ects as those con- 
 ferred by the law in this Province in the case of lunatics 
 and insane persons under chapter 38 of the Revised 
 Statutes, and the allowance to the person interdicted, the 
 payment of debts and suits by and against him, the arrange- 
 ment of the estate, and the bond by the guardian, shall be 
 regulated aa nearly as possible by the provisions of the said 
 chapter. 
 
 6. In proceeding to the interdiction of any person forEvidenoo need 
 habitual drunkenness it shall not be necessary that the Sown, ^nor"per" 
 proof of any of the facts to be established for such purpose ^'^Jj^'^" ^°nterro• 
 before the judge be taken in writing, nor that the person gated, 
 whom it is sought to interdict be interrogated before the 
 judge, but it shall be sufficient that the judge be satisfied 
 with the oral evidence given before him, by the relations 
 whether of blood or by affinity, or friends, or other evidence. 
 
 6. The petition praying for the interdiction of any Petition to bo 
 habitual drunkard shall be personally served upon hiin atod"aIldwhen!^ 
 a time when he shall be sober, at least fourteen days before 
 
 the day fixed for the appearance before the judge for the 
 purpose of the interdiction. 
 
 7. It shall be lawful for the person whose interdiction Person sought to 
 shall be thus demanded, to produce before the judge wit-maypro'duo9°'°'* 
 nesses to contradict the allegations of the petition and the''*"'"^' 
 evidence under the petition, and each party may retain an 
 advocate and counsel to Conduct the proceedings on his 
 
 45 
 
 evi- 
 
690 GUARDIANSHIP AND CARE OF DETJNKARDS. [PAET II. 
 
 Chap. 97. behalf, and to examine the witnesses before the judge, who 
 
 " may require from. the person instituting the demand in 
 
 interdiction further evidence of the facts alleged in the 
 
 said petition, in addition to that at first produced. But as 
 
 hereinbefore set forth, all evidence given before the judge 
 
 shall be vivd voce or taken in writing, as the judge shall 
 
 deem proper. 
 
 Decision of judffe 8. The decision of the judge shall be final and without 
 
 *"'^' appeal, whether he grants the interdiction or rejects the 
 
 demand therefor. 
 Kenewed appii- 9. If any demand in interdiction under this Chapter 
 cation. ^^ rejected the same shall not be renewed before the 
 
 expiration of three calendar months. 
 Removaiofinter- 10. Any pcrson interdicted as an habitual drunkard 
 diction. ^^y ^^ relieved from such interdiction after one year's 
 
 sober habits, on application by petition to a judge for such 
 purpose and on proof to the satisfaction of such judge that 
 such interdicted person has been of sober habits for one 
 year next preceding the presentation of his petition. The 
 judge may in his discretion require notice of such applica- 
 tion, and of the time of hearing the same, to be served on 
 the guardian or other party interested, in such manner as 
 he may deem proper, and may examine on oath such 
 witnesses as may be produced by either party in support 
 of or against such application. The person interdicted 
 shall not regain the exercise of his civil rights until after 
 the judgment removing the interdiction. 
 Guardian. 11. The son, of fuU age, of any person interdicted for 
 
 habitual drunkenness, may be appointed his guardian. 
 Penaityfor sup- 12. Whosocver shall wilfully sell or give to or procure 
 lnterdicted°per° f or any porsoH interdicted under this Chapter, intoxicating 
 ^°"- liquors, shall incur for each offence a penalty of fifty dollars, 
 
 recoverable by the guardian for and in behalf of the family 
 of the person interdicted by summary proceeding within 
 three calendar months from the commission of such offence, 
 before any two justices of the peace of the district in which 
 the offence shall have been committed, and in default of 
 payment of the said penalty, together with the costs of suit, 
 within the time fixed by the said justices of the peace, the 
 offender shall be imprisoned in the common gaol for the 
 space and term of three calendar months, unless the said 
 penalty and costs and the costs of the imprisonment and of 
 the conveyance of the defendant to the said gaol be sooner 
 paid. 
 
 blto™an hlbit- ^^" .■^"^ person who according to the common report 
 ™,i drunkard. '."of the neighborhood has the reputation of being a drunkard, 
 
 shall be deemed to be an habitual drunkard according to 
 
 the intent and meaning of this Chapter, 
 
■nTLE XXTl.] GtrlEDlA.NSHIl' AND CAEE OF DRUNKARDS. 69l 
 
 14. All proceedings under this Chapter shall be Chap. 97. 
 nummary, and tfe« forms hereunto annexed or any other proteedings to 
 «,nalagous forms, shall be sufficient, and the same shall not ^"^ ^""""'"'y- 
 be attacked for any «rror m form before any court. 
 
 15. The name of every person interdicted ander this Nameg of inter- 
 Ohapter shall be inscribed in a book to be kept in the office registerecffiiPTO 
 •of the registry of probate for the county where the said '"'*^ °''''"*' 
 person interdicted resided at the date of the petition. 
 
 16. The Governor by and with the advice of the License for asy- 
 Executive Council may grant a license to keep an asylum a"rds. ° 
 
 for the use of drunkards, to the person or persons who may 
 ■appear to deserve the same. 
 
 17. The granting of the said license and the continua- subject to the 
 
 o o orQGrs of Govcr- 
 
 tion tli«recf, shall be subject to the orders and regulations norin-councii. 
 passed in respect thereof by the Governor ^in-Council, who 
 shall at the same time define the powers and privileges, 
 ■and also th-e duties and obligations, of the proprietor, 
 manager, director or dii-ectors of the said institution. 
 
 IS. The guardian of any person interdicted under this "^jacelifterdiSed 
 ■Chapter may place the person interdicted whose guardian person in asy~ 
 Jie is in any duly licensed institution for the cure of """' 
 ■drunkards, upon such terms as may be agreed on between 
 ■such guardian and the director or directors of such 
 institution, and may remove him from the same whenever 
 iie shall deem it desirable after having received a certificate 
 from the medical officer or manager of such institution, that 
 an his opinion the person so interdicted has been cured or 
 is not likely to derive further benefit from longer detention 
 ■and treatment in such institution. 
 
 «C HE DTJLES. 
 
 Form of Petition for Interdiction. 
 
 Province of Nova Scotia., 
 Countj' of 
 
 To the Hon. A. B. one of the Judges of the Supreme 
 Court of Nova Scotia. 
 
 C. D., of in the County of (occupation) 
 
 by this his petition respectfully represents :--- 
 
 That for about year E. F. of 
 
 in the said County of has been an habitual 
 
 ■drunkard, and that by reason of his drunkenness h-e 
 
692 GUARD-IANSHIP AND CARE OF IXRUNKAED3. [PART II. 
 
 Chap, 97. squanders {or mismanages) his property {or places his 
 family in trouble or distress, or transacts his business 
 prejudicially to the interests of his family or his relations, 
 or of his creditors, as the case may he), and that therefore 
 it is desirable that under the statute in such case made 
 and provided the said E. F. be interdicted as an habitual 
 drunkard. 
 
 Wherefore, your petitioner prays that the interdiction 
 of the said E. F. as an habitual drunkard, in accordance 
 with the statute in such case made and provided, be 
 pronounced. 
 
 B. 
 
 Form of Affi,davit which rnust accompany the Petition 
 praying for the Interdiction. 
 
 0. D. of in the County of 
 
 the petitioner named in the foregoing petition, being duly 
 sworn, doth depose and say that the facts alleged in the 
 foregoing petition are true, and that the said petition hath 
 not been made through malice nor with a view to oppress. 
 
 Sworn at in the"^ 
 
 County of this | 
 
 day of A. I>. 18 y C. D. 
 
 before me. 
 
 G, H. j 
 
 Commissioner of the Supreme Court, 
 for the County of 
 
 c. 
 
 Form of the Judge's Order to proceed to the Interdiction, 
 
 _ Considering the foregoing petition and affidavit, let the 
 said E. F. in the said petition mentioned appear before me 
 in chambers in the at in the 
 
 County of on the day of A. D. 18 
 
 at o'clock in the noon, for the purpose of 
 
 proceeding on the said petition, 
 
 A. B. 
 
title xxii.] masters, apprentices and servants. 693 
 
 Chap. 98. 
 CHAPTER 98. 
 
 GT MASTERS, APPRENTICES AND SERVANTS. 
 
 1. All children under the age of fourteen years may beKHnors may te 
 bound as apprentices or servants until that age, and' alltioe", aa*'''"^^''' 
 minors above the age of fourteen years may be bound as 
 apprentices or servants ; females to the age of eighteen 
 
 years or to the time of their marriage within that age, and 
 males to the age of twenty-one years, in the manner 
 prescribed in this Chapter. 
 
 2. Children under the age of fourteen years may be under fourteen 
 bound by their father, or in case of his death or ineompe- bound. ''"^ 
 tency, by their mother, or by their legal guardian, and if 
 illegitimate they may be bound by their mother; and if 
 
 they have no parent competent to act, and no guardian, 
 they may bind themselves with the approbation of two 
 justices of the peace. 
 
 3. Minors above the age of fourteen years may be Above fourteen, 
 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 by his 
 signing the same. 
 
 4. No minor shall be bound otherwise than by an indenture to be 
 indenture 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 use custody of min 
 of the minor by his parent or guardian when executed by dentura' °' '"" 
 them respectively, and when made with the approbation of 
 
 two justices of the peace, it shall be deposited with the 
 town clerk or clerk of the municipality, and be safely kept 
 in his office for the use of the minor. . 
 
 6. The overseers of the poor may bind as apprenticesxjverseersofpoor 
 or servants the minor children of any poor person who has ^^per''m?norsf 
 become chargeable to the district as having a lawful settle- 
 ment therein, or who is supported there in whole or in part 
 
 at the charge of the district; and also all minor children 
 who are themselves chargeable to the district as having a 
 lawful settlement therein, or as poor persons supported by 
 the district. 
 
 7. Such children, whether under or above the age of Terms of oon- 
 fourteen years may be bound, females to the age of eighteen ture! ° '" ™ 
 years or to the time of their marriage within that age, and 
 
 males to the age of twenty-one years ; and provision shall 
 be made in the contract for teaehing such children to read. 
 
69i MASTERS, APPRKNTICES ANT) SERTANTS^ {PART IK 
 
 Chap. 98. write and cipher,, and for sueh other instruction, benefit 
 and allowance, either within or at the end of the term, as 
 the overseers may think reasonabfe. 
 Minora, haw 8. No minor shall be bound by the overseers unless by 
 
 seera^ ^^ *™"'' an indenture of two parts, sealed and delivered by the- 
 overseers and by the master, one part of whieh shall be- 
 deposited with the town clerk or clerk of the municipality, 
 and be safely kept by him for the use &f the minor. 
 Money, 4c., paid 9. All Considerations of fflouey or other things paid or 
 masfer^to be for allowed by the master upon any contract of service or 
 apprentice. appreiiticeship made in pursuance of this Chapter, shall be- 
 paid or secured to the sole use of the minor thereby bound. 
 Duty of parents, 10. Parents and guardiaHS and overseers shaH inquire- 
 overse'ers!' ™ into the treatment of all children bound by them respec- 
 tively, OF with their approbation, and of aH' who shall have- 
 been bound by their predecessors in office, and defend thenk 
 from all cruelty, neglect and breafeh of contract on the part 
 of their masters. 
 Proceedihgs for H. In case of any misconduct or neglect of the- 
 
 misconduct Qt , i • i. i i ■ -i.- i_ at. i. 
 
 master. master^a complaint may be made in writing by the parents^ 
 
 guardian, or overseers, to any two justices of the peace for 
 the county in which the master resides, setting forth the 
 facts and circumstances of the case ; and the justices, after 
 having duly notified the master, shall proceed to hear ancJ 
 determine the same. 
 
 Hearing, and 12. After a full hearing of the parties,, or of th& 
 
 toaflorfrcdress! complainants alone if the master shall neglect to appear,, 
 the justices may order that the minor be discharged from 
 his apprenticeship or service, and give the costs of suit 
 against the master, and may award exeeutioa accordingly,, 
 and the minor may be thereupon bound out anew. 
 
 Proceedings 13. If the Complaint shall not be maintained, the. 
 
 plaint dismissed J"^''^'^^® shall award costs for the master against the- 
 complainants, and shall issue execution accordingly,, 
 excepting that in case of such a complaint by overseers, 
 the justices shall not award costs against them, unless it 
 shall appear that the complaint was made without 
 reasonable cause. 
 
 Appeal.. 14. Any person feeling him-self aggrieved by the order 
 
 of any justices under the three preceding sections, may 
 appeal therefrom to the Supreme Court at its next term in 
 the coanty, and such appeal shall be granted and determined 
 in the same manner as in civil suits. 
 
 Apprentice 15. If any apprentice or servant bound as in this. 
 
 TOnduct,^Sw Chapter shall unlawfully depart from the service of his. 
 
 punisiied. master, or shall be guilty of any gross misbehaviour, or 
 
 refusal to do his duty, or wilful neglect thereof, any justice- 
 of the peace,, upon complaint on oath made to him by the- 
 
TITLE XXII.] AETICLES OF INDENTURE OF APPRENTICESHIP. 695 
 
 master, or by any one on his behalf, may issue his warrant Ohap. 99. 
 to apprehend the apprentice or servant and bring him 
 before the same or any other justice-, and if the complaint 
 shall be supported, the Justice may order the oflfender to be 
 returned to his master, or may commit him to the common 
 gaol for a term not exceeding twenty days, unless sooner 
 discharged by his master. 
 
 CHAPTER 99. 
 
 OF THE TRANSFER OF ARTICLES OF INDENTURE OF 
 APPRENTICESHIP. 
 
 1. Indentures of apprenticeship or transfers of minors indentures made 
 entered into in the United Kingdom, shall be in all respects Kingdom.^"'*" 
 binding in this Province. 
 
 2. An agreement entered into in writing by the parent Transfer of guar- 
 or next of kin of a minor, to assign all rights whatever 
 
 over such minor to a third person named in such agreement, 
 shall be considered a transfer of guardianship, and shall be 
 binding, 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 married. 
 
 3. In the case of children taken into charitable Managers of 
 institutions or " refuges " or " homes," over whom all rights tuwons^ when" 
 of guardianship are assigned by their guardians or relatives ^f^^™^."* ^^^f; 
 to the committee or managers of such institutions, such power's, 
 managers or representatives of committee shall be considered 
 
 and recognized as the legal guardians of such children, and 
 shall have power to transfer all rights of guardianship ; 
 recognized agents, and such persons so qualified as legal 
 guardians, or the agents of such persons, shall have full 
 power to bind out any such child or children, and transfer 
 all rights of guardianship to any person or persons willing 
 to receive suph child or children, and contracting in writing 
 to fulfil such obligations, as may be required by law of a 
 parent or guardian. 
 
 4. The signatures of any such person giving over, and Agreement oi 
 of such person taking over, the guardianship of a child orprover' 
 children, to a document accepting this undertaking, shall be 
 
 proof in law of such agreement. 
 
 6. It shall not be necessary that a separate document several children 
 be prepared in the case of each child so assigned; but ai55*^one'"'agree^ 
 document headed with the contract of agreement, and™™'- 
 
696 
 
 ARTICLES OF INDENTURE OF APPRENTICESHIP. [PART II. 
 
 Penalty (or aid- 7. 
 
 ing child to leave -V. ; i j 
 ^ardlan, Cniia 
 
 Chap. 99. bearing the signature of each person accepting the guardian- 
 ship of a child opposite the name of the child so bound 
 over, shall be legal proof of such acceptance, and the 
 signature to such document of the person giving over the 
 guardianship shall be legal proof of the transfer of guardian- 
 ship. 
 
 Certain powera 6. In the casc of a child placed out in this Province, as 
 cwid"p?aoed'^out expressed in section three of this Chapter, the agent of the 
 under section s. committee shall retain all powers of supervision and removal 
 as reserved by him in the contract of transfer of guardian- 
 ship. 
 
 Any person who shall take away or induce any 
 to leave the employ of any such guardian so 
 appointed, or who shall, without the consent in writing of 
 the appointed guardian and of the agent of the committee, 
 take into his house or in any way harbor any minor bound 
 over as provided in the third section of this Chapter, shall 
 upon conviction thereof before two justices be fined the 
 sum of forty dollars. 
 
 8. The production of the document mentioned in the 
 fourth and fifth sections of this Chapter, duly signed as 
 therein mentioned, shall be held to be legal proof of 
 guardianship. 
 
 9. This Chapter shall apply only to children brought 
 into this Province from abroad, and so far as applicable 
 shall extend to the orphan children of deceased Protestant 
 parents, received into and trained at the Protestant Orphans' 
 Home in the City of Halifax. 
 
 Agreement, 
 proof of guar- 
 dianship. 
 
 Application of 
 Chapter. 
 
title xxiii.] peobate court. 697 
 
 Chap. 100. 
 
 PART III. 
 
 OF COUKTS, PROCEDURE, AND REMEDIES. 
 
 TITLE XXIII. 
 
 OF COURTS: THEIR CONSTITUTION, JURISDIC- 
 TION, AND PROCEDURE. 
 
 CHAPTER 100. 
 
 OF THE PROBATE COURT AND PKOCEDUEE THEREIN. 
 
 1. The judge and registrar of probate in each county Judge and resria- 
 and district wherein a Probate Court is now established, pdn'ted'^°md*'^ 
 shall be appointed by the Governor-in-Council, and hohP™™- 
 office during pleasure, and shall be sworn before a judge of 
 
 the Supreme Court, or the warden of the county or district. 
 The registrar of probate, before entering upon the duties 
 of his office, shall give bonds to Her Majesty, with such 
 sureties, to such amount, and in such form as the Governor- 
 in-Council may direct, for the faithful performance of the Registrar to give 
 duties of his office, and the indemnifying of all parties who 
 may be injured by his default or misconduct, and shall 
 further satisfy the Governor-in-Council that he has 
 provided a suitable place for the custody of all wills, 
 papers, documents and books connected with his office 
 which may come to his charge or keeping. 
 
 2. The judge of probate for the county or district Jud^e of county 
 wherein the deceased last dwelt shall have power to grant deceased last"* 
 letters testamentary or letters of administration of hiSpJ^^J'^^*" ^rant 
 estate ; but he shall observe the rules of section eleven in 
 
 making such appointment ; and it shall be lawful for the 
 
 judge of probate, on the application of sureties, or any 
 
 person interested in the estate, to cancel letters of adminis-Maycanoeisame. 
 
 tration granted in kny estate, and to grant others in 
 
 lieu thereof, in any case where it shall be made to appear 
 
 to his satisfaction that the administrator has left the 
 
 Province without any apparent intention of rieturning, 
 
698 PROBATE COURT. [PART III. 
 
 Chap. 100. or is wasting the assets of the estate, or has become 
 " insolvent, non compod mentis, or otherwise incapacitated 
 
 from discharging the duties of his office ; but no 
 such order or decree shall be made until snch admin- 
 istrator has been duly cited to appear before said 
 judge, and he be made to account under oath. Before 
 Sureties requir- granting letters of administration, or an order to sell, 
 
 ed to justify. Sto i,,,i.i r v.. 
 
 mortgage or lease any real estate, the judge or probate 
 ma)' require the sureties on the bonds to justify before 
 himself or registrar in such reasonable sum as he shall deem 
 fit, having regard to the value of the property. 
 When deceased 3. When the deceased shall die out of the Province, 
 Province, the judgc of probate for the county or district wherein any 
 
 estate of such deceased person may lie, if letters testa- 
 mentary or letters of administration have not been 
 previously granted within this Province, shall have power 
 to grant the same, 
 Judge, when in- 4_ When the judge of probate shall be ill, or is about 
 appoint sur'ro- to be temporarily absent and out of the jurisdiction of the 
 gatetoaot. court, or shall be a witness in any contestation in the 
 Probate Court, or shall be interested in the estate of the 
 deceased as heir, legatee, debtor or creditor, to the extent 
 of two hundred dollars or upwards, or when a person so 
 interested, or who having been engaged in such estate in 
 any matter pending in the Probate Court, as proctor, 
 solicitor, advocate, attorney, or otherwise, shall be appointed 
 or be such judge of probate, he shall have power, subject 
 to the approval of the Governor-in-Council, to appoint a 
 surrogate to act in his place and stead, and such surrogate, 
 during such illness or temporary absence, and in all said 
 matters in which said judge .shall be a witness or shall be 
 so interested, or which shall be so pending as aforesaid, 
 shall possess all the powers and discharge the duties of the 
 said judge of probate. 
 
 Applications to 5. All applications for the probate of wills or letters 
 
 writing. " '" of administration or citations shall be made in writing ; all 
 
 other official acts and orders shall be in writing. 
 
 Registrar to en- 6. The registrar of the Court of Probate shall enter 
 er app oa ions, g^^^j^ application in the Act Book, and shall submit the same 
 to the judge for his flat therein. 
 
 Applications for 7. Whenever application shall be made to a judge of 
 ed"OTi" of ""p^o- probate for filing and recording a copy of a will proved 
 higs ttoeoT^*" without the Province, the testator having real or personal 
 property within his jurisdiction, he shall order the registrar 
 to give public notice in the Royal Gazette newspaper at 
 Halifax, of the application and of the time and place when 
 the application will be heard. 
 
TITLE XXIII.] PROBATE COURT. 699 
 
 8. Tnallcasesof application for letters of administration Chap. 100. 
 or probate, when the party or any one of several parties Rights oj absent 
 entitled to administration or probate is without the p"^""' ■^''"'™^- 
 Province, the judge shall reserve the right of such absent 
 
 person, but shall proceed notwithstanding. 
 
 9. The testimony adduced before any judge of probate Evidence to be 
 
 , 1 ... ,1 •' . . .,, .J J o r written and filed, 
 
 in relation to the proor or any will, or in any controversy 
 before him, shall be reduced to writing and filed. 
 
 10. "When any will shall be offered for probate, and wiii3,howprov- 
 the witnesses live out of the Province, or more than thirty absent or sick, 
 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 authorized 
 by the judge of probate, shall have the same force and 
 effect as if such witnesses were present and testified in 
 open court ; and all oaths required to be taken or admin- 
 istered under this Chapter shall be sufiiciently taken or 
 administered if sworn before a commissioner of the Supreme 
 Court for taking affidavits, except in proof of a will or 
 codicil or other testamentary paper offered for probate. 
 
 11. Administration of an intestate estate shall be Administration 
 
 , to whom grant-- 
 
 granted to some one or more of the persons heremaiter ed, and in whajj 
 mentioned, and they shall respectively be entitled thereto 
 in the following order : — 
 
 First. — The widow or next of kin, or both, as the judge 
 of probate shall think fit ; and if they do not voluntarily 
 either take or renounce administration, they shall, if resident 
 within the county, be cited by the judge for that purpose. 
 
 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 of 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 of one 
 or more of the creditors, duly proved to be such, as he shall 
 think fit. 
 
 Thirdly.^-li the deceased were a married woman, 
 administration of her estate shall be granted to her hus- 
 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. 
 
 12. In case such of the next of kin as shall be J«<3ge may ass». 
 considered by the judge best qualified to administer in wftn neTt°af Sn- 
 any estate shall desire it, the judge may associate with him 
 
700 PROBATE COURT. [PART III. 
 
 Chap. 100. in the administration such person as he may think fit and 
 
 proper for that purpose. 
 Administrator of 13. When administration of the estate of any person 
 orprovino?ap- dying out of the Province shall have been granted in the 
 §o'm*^e,"to'toP'3'C® where the deceased was last domiciled out of the 
 preferred in Pro- Province, and the pcrson to whom the same was granted 
 shall apply to have administration of such part of the 
 estate as may be within the Province, he shall be preferably 
 entitled thereto, and the administration to him granted by 
 the judge of probate shall supersede any other administra- 
 tion thereof. 
 Administrator to 14. Every administrator shall before entering on the 
 execution of his trust, give bond with two sureties to be 
 approved of by the judge, in such sum as he shall order, 
 and in the form in the annexed schedule. 
 
 Administrator 15. The judgc of probate may if he shall think fit, on 
 
 to^mterintonewSuniinary application and due proof that any bondsman on 
 
 bond. a,ny administration bond has died or become insolvent, 
 
 order the administrator to enter into a new bond with two 
 
 sureties, to be approved by the judge, in such sum as he 
 
 shall order ; and if the administrator shall not obey such 
 
 order may cancel his authority, and thereupon proceed to 
 
 appoint a new administrator in the same manner as if such 
 
 administrator were deceased. 
 
 Form of bond on 16. The boud to be taken on such new administration 
 
 new admizlistra- ini i i. • li c pit !■*. 
 
 tion. shall be as nearly as may be m the form of the administra- 
 
 tion bond, making the necessary alterations. 
 
 Oaths in writing. 17. Every oath administered to an executor or 
 administrator on entering into office, shall be subscribed in 
 writing. 
 
 within°th *'^'* ^^' ^^^ executor or administrator to whom letters 
 
 . montiis. testamentary or letters of administration shall have been 
 
 granted, shall within three months thereafter, unless the 
 
 court on petition allow further time therefor, exhibit and 
 
 file in the registrar's office upon oath a full and true 
 
 inventory of the real and personal estate of the deceased, 
 
 which shall have come to his possession or knowledge. 
 
 Further inven- 19. If any real or personal estate of the deceased shall 
 
 mid. °^^ "come to the possession or knowledge of the executor or 
 
 administrator after he shall have filed such inventory, he 
 
 shall within a reasonable time thereafter file in the 
 
 registrar's office a further inventory of the same upon oath. 
 
 Fine for neglect- 20. Any cxccutor or administrator neglecting to file 
 
 ingto file mven- ^^ inventory after having been duly cited to file the same, 
 
 shall forfeit twenty dollars for each month's neglect, to be 
 
 recovered by any person having an interest in the estate of 
 
 the deceased, in an action of debt. 
 
TITLE XXIII.] PROBATE COURT. 701 
 
 21. In making the inventory the following articles Ceap. TOO. 
 shall be omitted, and shall not be considered as assets, nor Articles to bs 
 be administered as such, notwithstanding the estate of the ^'J^Jy '''°" '"" 
 deceased should be insolvent, viz. : 
 
 First. — All the paraphernalia and articles of apparel or 
 ornament of the widow, according to the degree and estate 
 of her husband, and also the apparel of the minor children. 
 
 Secondly. — The wearing apparel of the deceased not 
 exceeding forty dollars in value, which shall be distributed, 
 at the discretion of the executor or administrator, among 
 the family of the deceased. 
 
 Thirdly. — Such provisions and other articles as shall be 
 necessary for the reasonable sustenance of the widow and 
 the family of the deceased for ninety days after his death. 
 
 22. The judge on granting letters of administration or^»«*^'^^°'.j^»P; 
 letters testamentary, and as often afterwards as may mued. 
 become necessary or advisable, shall by a warrant of 
 appraisement appoint two or more disinterested persona 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 f«8s. 
 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 wh^^jfoperty 
 shall be made by the executor or administrator with thepiaoo, may be 
 aid of such appraisers ; and when property shall be in 'entorieT" '"' 
 different and distinct places two or more inventories may 
 
 be made; and every such warrant of appraisement shall be ^^^"^?^y^^,y_ 
 returned and filed in the registry of probate with the 
 inventory. 
 
 24. Before proceeding to make the appraisement the^PPJ»'»«^»°^'>> 
 appraisers shall be sworn by the judge or registrar, or a»wora. 
 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 ^^'^f °^^^j *° ^^ 
 oath shall be certified on the warrant of appraisement by 
 the person administering the same. 
 
 26. Every executor or administrator, previous to the f/*^'°ert5sa*'in 
 payments of debts or distribution of the estate of ^^^ ^amta 'Mekei 
 deceased, shall by advertisement in the Royal Oasette &ooov<^ag to 
 newspaper, in all cases where the estate shall be under fomanttesta- 
 eight hundred dollars for one month, and in other cases '^"j^^^™"'^^'' 
 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; 
 
702 PROBATE COURT. [PART 111. 
 
 Chap. 100 . 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. 
 License for sale 26. In case the personal estate of the deceased shall 
 when^perOTnai be found bv the judgc on affidavit insufficient for the 
 eiSJif'to '^y*' P^'J^snt of his debts and legacies, such judge, on security 
 debte being given by the administrator or executor to account 
 
 for the proceeds of the sale or sum obtained by mortgaging 
 or leasing the same, may at his discretion grant a license 
 for the sale of the whole or such part of the real estate of 
 the deceased as he shall deem necessary, or for the 
 mortgaging or leasing thereof ; provided such lease be for 
 a term not exceeding twenty-one years. Provided that no 
 such license shall be granted unless the affidavit shall set 
 forth a full and detailed statement of the claims against 
 such estate, and a further statement showing the personal 
 assets collected, and his belief that such claims are bond 
 fide, and provided further that if any party interested in 
 said estate shall before the day of sale, mortgaging or 
 leasing of the same, petition the judge against the granting 
 of such license, or for the revocation thereof, and praying 
 that an enquiry may be had as to the necessity of such 
 sale, mortgaging or leasing, it shall be the duty of the 
 judge to postpone the sale, mortgaging or leasing for such 
 reasonable time as he may deem proper, and to order the 
 parties interested to be cited before him. If after hearing 
 the parties and the evidence that may be adduced he shall 
 be satisfied that the granting thereof was unnecessary, he 
 shall forthwith revoke such license ; but if he .shall deem 
 the objection made to have been frivolous, the party so 
 objecting shall pay the costs of the application, as well as 
 all costs incurred in postponing. 
 
 License in force 27. No such license shall be in force more than one 
 foroneyearoniy. ^^^^ ^f^^^ ^^ie granting thereof. 
 
 License entered 28. Evcry Hccnse shall be entered in the registrar's 
 regis e . j^qq]^^ ^^^ ^^ copy thereof duly certified by the judge or 
 
 registrar shall be registered in the office of the registrar of 
 
 deeds for the county or district in which the real estate 
 Certified copy, may lie, and such certified copy, or a copy thereof from 
 evidence. ^j^g registry certified under the hand of such registrar of 
 
 deeds, shall be evidence of such license in all courts 
 
 without further proof. 
 
 clnse^'''v'en'^ h" ^^" '^^^ Security to be given by any executor or 
 
 bond. administrator before the granting of such license, shall be a 
 
 bond to the judge of the Court of Probate in a sufficient 
 
TITLE XXm.] PEOSATE coukt. 703 
 
 penalty with two sureties to be approved by bitn, the bond Chap. 100. 
 to be in the form in the schedule. 
 
 30. In case any executor or administrator shall not in case executor' 
 give such security within a reasonable time, the judge may, security" jiSge 
 on the application of any person interested, order such ^other^-^ermn^ui 
 executor or administrator having been first duly cited to»<=t. 
 
 give such security within a period to be named in the 
 order; and if such executor or administrator without 
 sufficient cause shall neglect .so to do, the judge may 
 appoint some other person interested in the estate to act 
 as administrator for the sale of the real estate and appro- 
 priation of the proceeds, upon his giving the security 
 required. 
 
 31. When an V part of the real estate of the testator Wndeviaed rea 
 
 * , ^ "' -I 11 1,11111 estate to be sola 
 
 has been undevised, and the personal estate shall be first for paymenC 
 insufficient for the payment of debts, legacies and expenses, "*''*''■ 
 the undevised real estate shall be first sold, unless it shall 
 appear from the will that a different arrangement of 
 his assets for the payment of his debts or legacies was 
 intended, in which case they shall be applied for that 
 purpose in conformity with the provisions of the will. 
 
 32. Where the executor or administrator shall have Notice of sale of 
 obtained a license for the sale of the real estate of theiio'ense^to be 
 deceased, he shall give public notice of the time and place ^'™"' 
 thereof by advertising the same in the Royal Gazette at 
 Halifax, and in onfi newspaper if any published in the 
 
 county, and by posting up notices thereof in the township 
 or settlement wherein the lands lie, for thirty days 
 previous thereto, and shall proceed to sell the same by 
 public auction at the time and place named in the 
 advertisement. 
 
 33. Where the executor at the time appointed for the Executor may 
 sale shall deem it for the interest of all persons concerned S""™^]™™- 
 therein that the sale should be postponed, he may adjourn"™*- 
 
 it for any time not exceeding thirty days, and shall give 
 notice of such adjourned sale by posting up notices thereof. 
 
 34. The affidavit of the executor or administrator. Affidavit of ex- 
 
 11,., ., ., « 1. ... » ecutor, evidence 
 
 made before a judge or registrar oi probate, or justice or of sale, 
 the peace, and tiled in the registry within one year after 
 the sale, shall be admitted as evidence of the time, place 
 and manner of the advertisement and notices. 
 
 35. All deeds of conveyance, mortgages or leases, made Deeds &o., as 
 pursuant to the license, shall have the same effiict as if made by deoeas- 
 made by the deceased. **' 
 
 36. If the deceased at the time of his death were Administrator to 
 liable to perform any contract for the sale and conveyance when^ intestate 
 of any real or personal estate, the judge shall have power ^^^ ga,f™*'*"'^* 
 to declare the administrator trustee thereof, so far as may 
 
704 PROBATE COURT. [PART III. 
 
 Chap. 100. be necessary for performing such contract ; and thereupon 
 
 such administrator shall have power to execute the 
 
 necessary conveyances for the performance thereof, and 
 
 shall hold the purchase money, subject to the same rules of 
 
 descent and distribution, as if the conveyance had been 
 
 made and the consideration received in the life time of the 
 
 deceased. 
 
 de^c^h^ter ™ ^^" ^very conveyance made under the provisions of 
 
 this Chapter, and registered in the county where the lands 
 
 lie, shall be taken as presumptive evidence that all the 
 
 proceedings on which the same is founded were rightly had. 
 
 AdminiBtratords 38. If any trustee or executor, empowered by any last 
 
 exeoute°oonvey^ wiil and testament to sell and convey lands of the testator, 
 
 by^del^l^d'Si" shall have made and entered into any contract for sale 
 
 eoutor. thereof, but shall have died before the full payment of the 
 
 purchase money, and without having executed a conveyance, 
 
 and there be no executor or administrator of such testator, 
 
 the administrator de bonis non of the testator, may, upon 
 
 receipt and payment of the purchase money, execute a 
 
 conveyance of such lands to the purchaser, or any other 
 
 person entitled thereto. 
 
 Adminietratorrfe 39. If such trustee or executor shall have brought an 
 
 boms non may , . i i j ^ . , , °, 
 
 recover on judg- action on such Contract or agreement against the purchaser, 
 S^xeoutor,"^*'' and obtained, a judgment therein, the administrator de 
 bonis non of the testator may take proceedings to recover 
 the amount due on such judgment under the Rules of the 
 Supreme Court, 1884, Order XL., and shall for that purpose 
 be held to represent the said trustee or executor. 
 Judge may order 40. The judge of probate may order the real estate of 
 e»tate°"»raoii^* the tcstator or intestate, wherever situate within the 
 enSd.''^ ""^Province, to bedivided among the persons by law entitled 
 thereto, and if devised, according to the terms and 
 conditions of the will, if terms and conditions be therein 
 expressed ; if otherwise, then according to the provisions of 
 this Chapter — as in cases of intestate property ; and when- 
 ever the share or interest of any such person so entitled 
 shall have been transferred, the purchaser shall have the 
 same rights and privileges, and be subject to the same 
 liabilities, as the person whose share he represents. 
 When division 41. In cases where the estate is divisible amonw the 
 
 among children , ,,, jiii. • ^ ^ ^ ^ ,,. ."."""o ""^ 
 
 cannot be made cnildren 01 a testator or intestate, and such division, or the 
 dicTorder'!''how division of any particular portion thereof, cannot be made 
 wade, without prejudice to the whole estate, he may order the 
 
 whole, or after the division of the residue, the whole of 
 such particular portion to the eldest son, and on his refusal 
 to the other sons successively, and on their refusal, to the 
 eldest and other daughters in like succession ; such son or 
 daughter paying to the other children their shares of the 
 
TITLE XXIII.] PROBATE COURT. 705 
 
 value of such estate, or givinw satisfactory security for theCHAP. 100. 
 payment thereof with six per cent, interest thereon. In 
 case ail the children refuse to accept such whole or portion, 
 as the case may be, it shall be competent for the judge of 
 probate to order a sale thereof. 
 
 42. Such order for division shall be made upon the Guardians ap- 
 
 1... n L * I i 1 1 1* 1 pointed for mm- 
 
 application ot a party interested ; and guardians, when era. 
 necessary, shall be appointed for such of the parties as 
 shall be under age. 
 
 45. Where there shall be a claim for dower, or the Assignment of 
 widow shall claim any individual share or right devised by 
 will, the judge of probate shall have power to order the 
 same to be assigned and set off. 
 
 44. All divisions and valuations of real estate made ^'^^isioM and 
 under order of the judge of probate, shall be made byreaiestato to be 
 three disinterested freeholders to be appointed by therJeehoiders.*"^^^ 
 judge for that purpose, who shall before acting be sworn 
 
 b}' the judge or registrar, or by a justice of the peace or 
 commissioner of the Supreme Court, to the faithful discharge 
 of their duty. 
 
 45. No such division or valuation shall be valid unles? ^^''«=" ^*"''' 
 two at least of the persons so appointed and sworn shall 
 concur, and the judge shall approve thereof. 
 
 46. Before such approval shall be given, the pa»'ties^o«oe^ approv. 
 interested, or in case one or more of them are minors, theed by judge, 
 guardians, shall have eight days' notice of the time and 
 
 place appointed to consider the .same ; and where any one 
 or more of the parties interested shall be absent, or cannot 
 be personally served, publication of such notice in the 
 Royal Gazette, for at least four weeks before the day 
 named, shall be considered sufficient service of notice. 
 
 47. The judge shall confirm or reject the division, of J^^^J'^^^'JJJ^^y 
 make such amendments thereof, as he may deem right, and 
 
 shall tax and award the costs of such division and valuation, 
 and apportion the same among the parties interested in 
 the estate as he shall deem just ; and such taxation and 
 order shall have the same effect, and be enforced in the 
 same manner as the taxation and order mentioned in the 
 sixty-fourth section. 
 
 48. Where such division is made the judge may ifpians may bo 
 
 1 1 1 . i_ ii J ordered by judge 
 
 necessary order a surveyor to prepare a plan to be tiled 
 with the registrar, 
 
 49. In cases where the estate of a testator or intestate J^en d^vWo" 
 is divisible amongst the next of kin, being collateral heirs, wn and widow 
 or the widow and such next of kin, and such division or the^?hout''%M*u* 
 division of any particular portion thereof^ cannot be made^^°|' i^y'^bo"" 
 without prejudice to the whole estate, the judge of probate made. 
 
 46 
 
706 PROBATE COURT. [pART IIL 
 
 Chap. 100. may order the whole, or after the division of the residue, 
 the whole of a particular portion to the widow, if any, 
 and if there be no widow, or if she shall refuse to accept 
 the same, then to the eldest of the heirs that may be in the 
 Province, and on his refusal, to the other heirs so being in 
 the Province, 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. And in case 
 all the heirs refuse to accept such whole or portion, as the 
 case may be, it shall be competent for the judge of probate 
 to order a sale thereof, in such mode as he shall direct, 
 
 orfer, how 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. 
 
 Certified copy of 51. It shall be the duty of the registrar of probate, so 
 ^^^o be f«-gQQjj a^g j^jj original will shall be duly filed and admitted to 
 probate, or so soon as letters of administration with the 
 will annexed shall be granted, to make an exact and literal 
 copy thereof, which he shall duly certify under his hand 
 and deposit with the registrar of deeds for the county or 
 counties, district or districts, wherein testator's lands are 
 situate, so far as the same may be known to be recorded, 
 and it shall be the duty of the registrar of deeds to record 
 the same, without further or other proof in the books of 
 registry for such counties or districts, and the expense of 
 doing so shall be paid out of the estate, and the registrar 
 of probate shall include the same in his fees on probate or 
 administration being granted ; but the non-performance of 
 the duty hereby imposed shall not defeat any title. The 
 registrar of probate and registrar of deeds shall each 
 receive a fee of one dollar for each copy of the will, and for 
 recording the same. 
 Certified copy 08 52. In cases of intestacy, and in cases when a division 
 
 diviaion, &c., to 1 , ^ * i i li i* ^^^ i " i- 
 
 be recorded. of real- estate IS made under the terms oi a will, and alter 
 the division and valuation shall have been confirmed by the 
 judge of probate, it shall be the duty of the registrar of 
 probate, to deposit with the registrar of deeds for the 
 county or counties, district or districts, where deceased's^ 
 lands are situate, a copy of such division and valuation, 
 with the plans and description of the same, duly certified 
 under his hand, and it shall be the duty of such registrar 
 of deeds to record the same, and the expense of doing sa 
 shall be a charge against the estate, to be taxed for and 
 collected by the registrar of probate. The non-performance 
 of the duty hereby imposed shall not operate to defeat any 
 
title under any such division. Tfe« costs to be paid tinder CfiAP. 100. 
 this sectron shail be ten -cents per folio for the decree, and coitl 
 ■one dollar for each copy of plati, to be paid to the registrars 
 x)f deeds and probate respectively. 
 
 53. An executor or administrator, at any time af ter ^^^^^"^^^^ I'J*.^ 
 the lapse of twelve months from the grant of probate or 
 
 letters of administration, may file an affidavit in the 
 registry of the court, with a schedule of doubtful and 
 desperate debts attached, containing the particulars of 
 dates, naures, and amounts, setting forth therein that such 
 debts are as he believes doubtful and desperate, and that 
 he has been unable to collect the same> and thereupon the 
 judge of probate,' on the application of the executor or 
 administrator, or any person interested in the estate, on its 
 being shewn to his satisfaction that it will be for the 
 benefit of the estate, may make an order for the eq[uitable 
 division of the same amongst the creditors, neitt of kin, or 
 "Other parties entitled, or may appoint aaditors fot that 
 purpose, whose Judgment shall be subject to confirmation 
 by thecolirt^ and on the division which maj' be ordered 
 hy the court, the parties to Whom the debts are allotted 
 ■shall have ail the rights and remedies for the recovery in 
 their own namesof the debts assigned, which such executors 
 "or adisaitiisti'ators possessed, or may make an order directing 
 the sale of such debts of any of them, either separately or 
 «% hloc, at public auction, after duly advertizing the same 
 for the period of one month, j^iving full particulars as 
 •aforesaid, in the county where deceased resided, and the 
 purchaser or purchasers thereof shall have all the rights 
 and remedies for the recovery in their own names 
 of the debts so purchased, which the deceased in his 
 Jifetime, or such executor or administrator possessed or had_ 
 
 54. When the executor or administrator shall be a ^'ftontor ^h* 
 creditor of the estate he shall file in the office of theme aooount'be- 
 registrar at least one month before the distribution of the*^'"*'""**""'""- 
 estate a true and correct account of all dealings between 
 
 the deceased and himself, verified by affidavit in the form 
 in the annexed schedule. 
 
 55. The naming of any person executor in a will shall Sammg debtor 
 not operate as a discharge of any claim which the testator not extinguish 
 had against him^ but such claim shall be included as part '*'''''■ 
 
 of the estate of the deceased in the inventory, and such 
 executor shall be liable for the same as for so much money 
 assets of the estate in his hands at the time when such 
 debt or demand shall be due, and shall apply and distribute 
 the same as part of the personal estate of the testaton 
 
708 PROBATE COt:ET. [PAET III, 
 
 Chap. 100. 56. Any executor or administrator may make oath 
 
 Estate, how de- before the judge of probate who has granted him admin- 
 
 iSency,'™Sw'st™tio" '3* *'^6 estate that he believes the same to be 
 
 pleaded, ' insolvent ; and the judge may if he shall think fit, by an 
 
 order for that purpose, declare the estate insolvent ; and 
 
 the executor or administrator may plead such order in bar 
 
 of any legal proceedings instituted against such executor 
 
 or administrator for any cause of action accruing against 
 
 the deceased. In such case the court or a judge may from 
 
 time to time make such order for a stay of proceedings, 
 
 or such other order or orders as justice may require, the 
 
 costs to be in the discretion of the court or a judge. 
 
 whT''i"?outor ^'^- Upon being required by the judge of probate on 
 or administrator the petition of anv Creditor or other person interested in 
 der'araoooun™ any estate to render an account or settle the estate, the 
 executor or administrator may apply to the judge for a 
 citation requiring the creditors and next of kin of the 
 deceased and the legatees if any to appear before him on 
 a day therein to be specified, and to attend the settlement 
 of such account, the adjustment of the claims of creditors 
 and all parties interested, and the settlement of the estate j 
 and where the judge shall decide against any creditor or 
 other person interested in respect of any controverted 
 claim, such creditor or other person may appeal to the 
 Supreme Court in like manner as is provided in this 
 oitationsonflnai Chapter in respect to appeal?. In the final settlement of 
 "rt'e"^"'' ''°*'an estate, personal service of citations on the creditors and 
 other parties interested shall be no longer necessary, but it 
 shall be suflBcient for the executor or administrator to send 
 a registered letter to the address of all interested in the 
 estate and of all creditors residing within the Province who 
 have rendered to him duly attested accounts and which have 
 not been paid, such letters to contain a copy of the 
 citation. Provided the said letter shall be mailed to the 
 address of said parties interested and creditors at least 
 thirty days before the day fixed for the settlement of said 
 estate. And in case the residence or address of any such 
 interested parties or creditors may be unknown, or if they 
 or any of them reside out of the Province, then a true 
 copy of such citation shall be published in the Royal 
 Gazette at least thirty days previous to the day on which 
 such final settlement is to take place. 
 
 Oitationsonflnai 68. It shall not be necessary to serve any citation 
 whomdireoted" preparatory to the final settlement of an estate upon any 
 creditor whose debt shall have been paid, nor upon any 
 legatee or next of kin ; unless the judge of probate shall 
 order such service, and shall in such or^er name the parties 
 to be so cited. 
 
TITLE XXIII.] PROBATE COURT. 709 
 
 59. Any literate person may serve such citation, and Chap. 100. 
 an affidavit in writing of the service having been regularly who may serve 
 made by the person serving the same, taken before tlie^^^*j,™.'j^°^'°^' 
 judge or registrar or any justice of the peace, and filed in pense, how borne 
 the registrar's office, and specifying the time and place of 
 
 service, shall be sufficient- the expense of which service 
 shall be borne by the party at whose instance the same was 
 granted, or paid out of the estate or otherwise, as the 
 judge may direct. 
 
 60. Any person interested in the estate of the deceased ^" persons in- 
 
 j , - « ^ f 1 terestea may 
 
 may attend the settlement of such account and contest contest settie- 
 
 the same, and any account against the estate, if not™™' 
 
 previously paid-, and may obtain from the judge process 
 to compel the attendance of witnesses. 
 
 61. On making his account, every executor or adminis-^^'^™^™^*^-^*!' 
 trator shall produce vouchers for all debts and legacies ers, may be ex- 
 
 • iji.'-iij. ,1 , ii_ aniined on oath. 
 
 paid, and for all funeral charges and expenses ; and such 
 executor or administrator may be examined upon oath by 
 a master under an order of the court or by the judge of 
 probate, touching any property or efi'ects of the deceased 
 which have come to his hands or knowledge, and the 
 disposition thereof, and such executor or administrator Sums """Jt 
 may be allowed any item of expenditure not exceeding tow vonched.' 
 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. 
 
 62. Any hearinsf may be adjourned from time to time hearings a<3- 
 
 ,,,,•' » J iU • 1 • ,. jonmed, audi- 
 
 as shall be necessary; and the judge may appoint one or tors appointed. 
 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. 
 
 63. The final settlement of the account and the allow- i^"a,i settlement 
 
 ,'ji, 1-1 iiiii *"*^ allowance or 
 
 ance thereot by the judge, or upon appeal, shall beacoounts,ofwhat 
 conclusive evidence against all creditors, legatees, next of evidence."" "^™ 
 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 kin, 
 and for necessary expenses, are correct 
 
 Second. — That such executor or administrator has been 
 charged all the interest for moneys received by him and 
 embraced in his account, for Which he was legally 
 aiccountable. 
 
tlO PEOBATE COURT. [PABT IIP. 
 
 Chap. 100. Third.— Th&t the moneys, stated in such account as 
 collected were all that were collectable on the debts s.tated 
 in such accounts at the time of the settlement thereof. 
 
 Costs, how ai- t)4. The judge shall tax and award such costs as are 
 
 'X^verfi.r''^'' allowed by law, to be paid by the party against whom the 
 decision may be made in any matter contested before the 
 court, and if against the executor or administrator to be 
 paid out of his own estate or out of the estate of the 
 deceased as- may be just and proper, which taxation and 
 order shall have the like effect as a judgment in a court of 
 record, and execution may be issued by the registrar of 
 
 Review of- tax- probate in the form in the schedule. Arty such taxation 
 
 '*'°^ or order may be reviewed by the Supreme Court or by any 
 
 judge at chambers,, upon notice given to the party in 
 whose favoF the taxation and order may be made, without 
 any appeal being entered and perfected, and such order 
 made therein as to» such court or judge shall seem Just anct 
 
 ExecuMoD may proper.. And execution niay issue upon a decree of a. 
 
 issue on cre&j^^g^ ^j probate for the amount awarded therein with or 
 w^ithoat costs as tbe judge may order ; and such exeeutiort 
 shall be as nearly as possible in the form prescribed in the 
 schedule to this Chapter. 
 
 HUecutor, &a, Q^ Every executor or administrator, at the expiration 
 
 after eig-hteen -., ^ c ii, r^ii 
 
 months to pay of eighteen months from the date oi the letters testamen- 
 dktributLoir ^tary or letters of administration, advertisement having^ 
 been made as hereinbefore prescribed, shatl pay all such 
 legal and just claims as shall then be exhibited, so far as 
 the estate of the deceased in his hands will enable him j 
 and shall make such distribution of the surplus as directed 
 by the will of the deceased or by this Chapter. 
 Executor or aj- 66. The judge of probate on the application, after 
 be cited to°ac^ eighteen months from the date of the letters of adroinis-. 
 Qount tration or probate, of any party interested as a creditor^ 
 
 legatee, or next of kin, or as surety on the administration 
 bond, may cite the executor or administrator to render an 
 account, and to proceed to have the same settled accoi-ding 
 to law ; and on the settlement of any administrator's or 
 executor's account the judge of probate may proceed to. 
 adjust the claims of creditors, subject to appeal as in other 
 cases. The costs of the proceedings on citation to render 
 an account shall not be allowed against the executor or 
 administrator, unless the party at whose in«tance such 
 proceedings shall have been had shall first have given ten. 
 days' notice to such executor or administrator, requiring- 
 him to render such account. 
 
 SmL^may ^^■. ^^^^'^ eighteen months from the date of letters of 
 cite co-executor administi'ation any executor or administrator may cite a 
 tor to acQountr co-ad mini&trator or co-executor to account before the judges 
 
TITLE XXIII.] PROBATE COURT. 711 
 
 and thereupon the judge may compel the party cited to Chap. 100. 
 proceed to the settlement of his account as between him ~"~ ~~ 
 and the party at whose instance he was cited, or may 
 order all the administrators or executors to proceed to 
 the settlement of their accounts as prescribed in the 
 fifty-seventh section. 
 
 G8. In the settlement of the accounts of executors or ^n^«^^^Jf«™J^^ 
 administrators, or in any matter pertaining thereto, the to have power of 
 Court of Probate shall have the same power which was ^""'"^ 
 enjoyed by the Court of Chancer5\ 
 
 69. In the settlement of any estate the executors or comimasions to 
 
 -,. Ill 1 11 II 1 exeemtors, &c., 
 
 administrators may be allowed over and above all such how adjusted, 
 actual and necessary expenses as may appear just and 
 reasonable, a commission not exceeding five per cent, on 
 the amount received by them; and the court further may 
 apportion such commission among the executors or admin- 
 istrators of any estate as may appear just and proper ^ 
 according to the labor bestowed or responsibility incurred 
 by them respectively. 
 
 70. The judge of probate may order the surplus f'^'^"fg°"ts^' 
 assets remaining after the settlement of an executor's or 
 administrator's account to be distributed among the parties 
 entitled thereto. 
 
 71. In the settiement and distribution of the insolvent O'J^' »' ^^'*'\- 
 
 bution of insol- 
 
 estate of any deceased person the whole of the real and vent estate. 
 personal estate remaining after payment of the funeral 
 charges, the necessary medical and other attendance on 
 him during his last illness, and the expenses attendant on 
 the settlement of the estate, shall be distributed among 
 those creditors who shall have rendered their accounts 
 duly attested within the period before prescribed, in the 
 following manner; — 
 
 First. — Clerks, domestic and farm servants, and rent, to 
 be paid in full for the last year previous to the death, 
 when not more than a year's wages or rent is due ; the 
 excess to be on the same footing as other claims. 
 
 Secondly. — All other creditors to be paid in proportion 
 to the amount of their respective debts. 
 
 72. Nothing in the preceding section contained shall Mortgages, judg- 
 afFect debts due on mortgages of real or personal estate, not affected by 
 or on judgments registered in the lifetime of the deceased '^^^ ^^°*'°''' 
 person, so far as the value of the property so mortgaged 
 
 or lands bound by such judgment shall extend and no more, 
 leaving the mortgagee or judgment creditor at liberty to 
 claim as any other creditor for any balance that may 
 remain due to him after the value of such property or 
 lands shall have been realized ; or as affecting the widow's 
 dower in real enbate, or to prevent any creditor who may 
 
712 ^ PROBATE COURT. [PART III. 
 
 Ghap. 100. not have exhibited his attested account as before prescribed, 
 
 from recovering his demands against the estate of any 
 
 deceased person to such amount as may remain in the 
 
 hands of the executor or administrator for distribution 
 
 after the. .settlement of the estate; nor to affect mortgages 
 
 duly executed and recorded, and judgments docketed and 
 
 duly recorded before the nineteenth day of March, one 
 
 thousand eight hundred and forty-two. 
 
 Judge or regis- 73. No judge or registrar or business or profe.ssional 
 
 eQunsei°*&o? ^° partner of any judge or registrar shall be directly or 
 
 indirectly employed or professionally concerned as counsel, 
 
 attorney, solicitor, proctor, or advocate, for any party in 
 
 any matter pending or to be brought before the court of 
 
 which he is jiidiie or registrar, under a penalty of five 
 
 hundred dollais for each offence. 
 
 Registrar to have 74. The re' i-itrar shall have the care and custody of 
 
 charge o oo s, ^jj pg^pgj.j, g^,,^ bioks belonging to the Probate Court ; and 
 
 Registrar pro in Case of the death, sickness or ncce.ssary absence of the 
 
 pobitedT *'' registrar, the judge may appoint and swear into office 
 
 some fit person to ofiiciate in his stead until the registrar 
 
 shall be able to attend to his duty, or until a new one be 
 
 duly appointed. 
 
 Booitstobeiiept 75. The registrar shall keep a book for the registration 
 
 by registrar. ^f wills, a book for the registration of decrees and orders of 
 
 sale of real estate, and a book of acts or a book containing 
 
 a short abstract of the proceedings of the court, properly 
 
 indexed. 
 
 Wills, how regis- 76. In the book for the registration of wills, all 
 
 tered. original wills are to be registered, and all interlineations, 
 
 alterations or apparent erasures not noticed in the 
 
 attestation, are to be noted at- the foot of the record, so as 
 
 to be as nearly as possible an exact and literal transcript 
 
 of the original. 
 
 Decrees filed and 77. All dccrees are to be regularly filed and registered. 
 
 registered. iiii i> t,. 
 
 Letters of guar- 78. AH letters of guardianship, and letters ad colligen- 
 
 reS'sw. *'°" dum are to be registered. 
 
 Appeals to Su- 79. Any person may appeal from any order, sentence, 
 
 preme Court, decree, or denial of the judge of probate, directly to the 
 Supreme Court in Halifax, which court shall have power 
 
 Time and man- to Confirm, alter or reverse the same ; and the appellant 
 
 ner of appeal, shall within thirty days from the making of such order, 
 sentence, decree or denial, enter his appeal, and file in the 
 registry of the Court of Probate a statement of the grounds 
 
 Bond, when ou which the appeal is sought ; and also, within ten days 
 thereafter, shall file a bond to the judge, with two sureties 
 to lie approved by him, in the penal sum of two hundred 
 and forty dollars, conditioned for the payment of such 
 costs as may be awarded against him upon such appeal 
 
TITLE XXm.] fBOBATE COURT. 713 
 
 and such appeal, when so perfected, shall be a stay of Chap. TOO. 
 proceedings. 
 
 80. In cases of appeal to the Supreme Court, such in case of ap- 
 court or any judge thereof at chambers may order the court o^udle 
 judge of probate to transmit to the court in which the Son'*''of*™f-" 
 appeal is to be heard and determined, all such original p^J| ^^°^ ^™- 
 papers, documents and testimony filed in the Probate Court, 
 excepting wills, as may be required for the purposes of the 
 
 appeal, which original papers shall be certified under the 
 hand of the judge or registrar of probate, and also a copy 
 or copies of any original will or wills, upon being paid the 
 usual fees for copying and certifying the same. 
 
 81. In case it shall appear that the ends of justice cause when re- 
 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 terms as may be deemed advisable. 
 
 82. The judge of probate shall have power upon judge may 
 application made to him therefor, supported by affidavit, to p^w e^dence. 
 amend his report of evidence taken in any matter heard or 
 adjudicated before him. 
 
 83. If upon the appeal having been perfected, and Ji^ge "«g'^'- 
 the fees allowed in the eightieth section tendered, the appeal, papers 
 judge of probate shall neglect to transmit the appeal and by^oourt*^"^^ 
 papers connected therewith to the court wherein the appealP™'- 
 
 is to be heard and determined ; on due proof thereof the 
 court may proceed to enforce the return by attachment 
 as for a contempt. , 
 
 84. The Supreme Court or anv judge at chambers, Appeal allowed 
 
 . , ^ _ .•' "* .^, , . , 'within SIX 
 
 upon .special cause shewn at any time within six months months on spec- 
 after the time limited for entering and perfecting an appeal, '"^ ""'"^^ ^ °™" 
 may allow an appeal upon 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 6f Probate. 
 
 85. The court in which the appeal is heard may direct ^^^ ^'Jo^^^^^f 
 the costs thereof to be paid personally by the parties 
 
 against whom such costs shall be awarded, or out of the 
 estate which may be the subject of appeal. The pa5'menti'a3™*'\*°*''"'™ 
 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 commenced 
 without the order of the court of appeal or a judge thereof. 
 
 86. 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 ;reigned issues, 
 and shall have power to grant new trials thereof, and to <"^^'^^- 
 order by whom and in what manner the costs attending the 
 
714 PROBATE COURT. [PART III. 
 
 Chap. 100. determination of the issue shall be paid : the final deter- 
 
 mination of such issue shall be conclusive as to the facts 
 
 therein controverted. 
 
 Forfeiture for 87. Any exccutor, knowing of his being named as 
 
 feT^to'^p^oveSuch, and neglecting without sufficient reason to cause the 
 
 *■'"• will to be proved and recorded in the Probate Court of the 
 
 proper county, 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 shall 
 
 neglect his duty therein, which may be recovered to his 
 
 own use by any person having an interest in the estate of 
 
 the deceased in an action as for a private debt. 
 
 Administration 88. Upon the rcfusal of the executor to accept the 
 
 ^x^d granted, trust, the judgc of probate shall commit administration of 
 when executor (.}jg estate, with the will annexed, to those who would have 
 
 refuses to act. ' ... ., i..i!ii j 
 
 been entitled to the administration thereof if the deceased 
 
 had died intestate. 
 
 Executor order- 89. The SupremeCourt or Court of Probatc may.if they 
 
 upoS ^omp°a'int ^^^^^ think fit, upon summary application, and upon due 
 
 of waste. proof that the executor is wasting the estate, order the 
 
 executor to give security for the performance of his duty, 
 
 and if he shall not obey such order shall cancel his 
 
 authority ; and the Court of Probate shall thereupon appoint 
 
 another executor, who shall have full authority to proceed 
 
 with the settlement of the estate. 
 
 Judge empower- 90. The judge of probate shall have power to issue 
 
 puisory^prooeSi such process as may be necessary for the discharge of the 
 
 and punish for trug^ reposed in him, and also to issue subpoenas to compel 
 
 the attendance of witnesses and the production of papers 
 
 material to any inquiry pending before him. The party 
 
 refusing or neglecting to obey such process, or any order or 
 
 decree of a judge of probate, may be punished as in the 
 
 Supreme Court for a contempt ; and all such process shall 
 
 be executed by the ofiicer to whom it is directed. 
 
 Process, how ar- 91. All compulsory process shall be directed to the 
 
 sheriff or his deputj', or to a coroner. 
 Letters ad colli- 92. No letters ad colligendum shall be granted by 
 granted.' the judgc without duc security being first taken. 
 
 Wills when and 93. No judge of probate shall permit an original will 
 office.* ™ '^'"" to be in any case taken out of the Province, or to be 
 be removed from the office but for the purpose of being 
 produced in the Supreme Court, and then only on security 
 being taken for its safe custody and return. 
 Parties may file 94. It shall not be neccssary in any case for a party to 
 vocate their own employ a proctor or advocate in the Court of Probate, but 
 causes. every party may prepare and file his own papers and 
 
 advocate bis own cause therein. 
 
TITLE XXIII.] PROBATE COURT. 715' 
 
 95. The value of an estate in reference to the fees Chap. 100. 
 payable thereon, shall be ascertained in the first instance value of estate 
 by the oath of the administrator or executor to his belief *^,.*° '^i=?' ^°Z 
 
 ^ estimated in first 
 
 01 the value thereof, to be regulated, however, eventually instance. 
 by the actual amount. 
 
 96. When the authority of an executor or administrator Previous exeou, 
 shall cease he may be cited to account before a judge ofoessor^ to'^ ^ao^ 
 probate, at the instance of the person succeeding to the™™*- 
 administration of the estate. 
 
 97. The judge of probate ma}' on summary application, Judge may or. 
 if he shall think it for the interest of the estate so to do, p^d by executor 
 order any money in the hands of the executor or adminis- ™° ^^^' 
 trator to be paid into any chartered bank in this Province 
 
 to the credit of the estate ; and when money shall be so 
 paid the bank shall not permit the same to be withdrawn 
 without the order of the Court of Probate. 
 
 98. When any provision shall be made by any will f or speoiflo compen, 
 
 •r> i-i i.j.1.1111, satlon In lieu ot 
 
 specinc compensation to an executor, the . same . shall be oommisaion. 
 deemed a full satisfaction for his services in lieu of any 
 commission or his share thereof, unless such executor, by 
 declaration under his hand, filed in the Court of Probate, 
 shall renounce all claim to such specific legacy. 
 
 99. Where any oath prescribed by this Chapter is ^„t^^^|^ ^ "^^ 
 required to be taken before a judge or registrar, and the sontoadminiater 
 party to make such oath lives out of the Province or more ^es." "''**"' 
 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. 
 
 100. The forms in the annexed schedule shall bo 
 observed, as nearly as may be, in the Court of Probate. 
 
 101. Fire proof safes shall be provided in the several Fire pro^^^fes 
 counties and districts for the preservation of the records, ° ° ''™" 
 books and papers of the registry. 
 
 102. The municipal council shall provide for the^°™i°°.«^g^°^^ 
 custody and safe keeping of the books of registry, and see ^ hooks oir'egia; 
 that they, with the indexes, are placed and kept in good '^' 
 
 and efiicient condition ; and shall assess upon the county, 
 with the county rates, such sums as may be necessary from 
 time to time in the premises; and in case the municipal 
 council refuse or neglect, the Supreme Court shall amerce 
 the county in such sum as shall appear to it upon the 
 affidavit of a ratepayer to be necessary for the purpose of 
 this section, which sum shall be assessed upon the 
 inhabitants, collected and paid to the treasurer.and accQunto(i 
 far as other rates, 
 
716 PROBATE COURT. [PART III. 
 
 Chap. TOO. 
 
 PEOOr OF WILL IN SOLEMN TOBM. 
 
 S°soi^n?omi!'' 103. Any executor or person having or desiring 
 execution or probate of a will, may have the same proved 
 in solemn form at any time. The manner of such proof in 
 solemn form shall be as follows : — 
 
 The executor or person having or desiring execution or 
 probate of the will of the deceased, shall present a petition 
 to the judge of probate, which petition shall be as nearly 
 as may be in the form now used upon application for 
 probate of a will, and shall be verified by affidavit ; but 
 the petition shall, in addition to the other matter usually 
 contained in such a petition, contain (as far as the petitioner 
 can ascertain the same) the names, ages, occupations, and 
 places of residence of the heirs, devisees, legatees, and next 
 of kin of the deceased. Upon the petition being filed with 
 the registrar, a citation shall issue, which citation shall be 
 as nearly as may be in the form of the schedule to this 
 Chapter, but the names of all the heirs, devisees, legatees 
 and next of kin aforesaid shall be set forth in such citation. 
 In all cases where such heirs, devisee.s, legatees, and next 
 of kin reside in this Province, such citation shall be 
 published in the Royal Gazette, and shall also be served 
 personally upon them. Such citation shall be made 
 returnable within at least two months from the time of 
 issuing the same ; shall be so published in the Royal 
 Gazette for eight weeks, and shall be so served for at least 
 thirty days before the return thereof. In case any of such 
 heirs, devisees, legatees, or next of kin shall reside out of 
 the Province, then such citation shall be made returnable 
 after such length of time, and shall be published and served 
 so long, before the return thereof as to the judge may seem 
 right, having regard to the distance from the Province at 
 which such heirs, devisees, legatees, and next of kin, or any 
 of them may live. If it shall be made to appear to the 
 judge that personal service of the citation cannot be made 
 upon any such heir, devisee, legatee, or next of kin, so 
 being or residing out of the Province, then he shall make 
 an order for the publication of the citation for a period of 
 three months in the Royal Gazette, and in some other 
 newspaper to be named by the judge, and the same shall 
 be so published, and such publication shall have the like 
 efiect as to such heir, devisee, legatee, or next of kin, 
 so residing or being out of the Province, as if such citation 
 had been personally served upon him. Upon due proof of 
 such publication and service, or publication alone, the 
 judge shall hear the matter of such petition and decide the 
 same according to the evidence, and the usual practice of 
 
TITLE XXin.] PROBATE COURT. 717 
 
 the Probate Courts. The decision of the judge may be Chap. 100. 
 appealed from, as in other cases, and the Supreme Court ~" 
 shall have the like power to direct an issue, as provided in 
 this Chapter. 
 
 104. Any heir, devisee, legatee, or other person i'>'<'of may be 
 interested in a will may, whether application to prove the™'"''* 
 same in common form has or has not been made or refused, 
 compel proof thereof in solemn form, by serving on the 
 executor or person having the execution or probate of such 
 will or praying therefor, a citation to prove such will in 
 solemn form, whereupon such executor or person shall, 
 within twenty days after such service, present a petition to 
 the judge of probate, such as is provided for by the next 
 preceding section, and the subsequent proceedings shall be 
 the same as in the case where the executor or person having 
 or desiring execution or probate of a will undertakes to 
 prove the same in solemn form. 
 
 105. It shall not be necessary in an}' case to prove a Proof in common 
 will in any but the simple or common form, unless the Sn't."**"' *"' 
 executor or person having or desiring execution or probate, 
 
 or the heir, devisee, legatee, next of kin, or other person 
 interested, shall deem it necessary to do so. And any will 
 proved in simple or common form, and the probate thereof, 
 shall be to all intents and purposes deemed valid proof 
 thereof, unless proof in solemn form shall be deemed 
 necessary and required as aforesaid. 
 
 106. Whenever it shall be made to appear by the Provisions for 
 affidavits of two credible persons, on an application to the case" party ab" 
 judge of the Probate Court for the county in which the=f»J/Xd ^un^ 
 estate is being administered, that any party or parties who heard of for ten 
 if living would be entitled to any moneys or lands of the'^^*™' 
 estate of any deceased person, have or has been absent 
 
 from and out of the Province of Nova Scotia, and have or 
 has not been heard of or from for a period of ten years 
 and upwards next preceding such application, and that 
 the said part}- or parties are believed to be dead, it shall 
 and may be lawful for said judge of probate to order the 
 executor or administrator of such deceased person's estate 
 to distribute such moneys or lands among, and hand the 
 same over to, such person or persons as would in the event 
 of the death of the said absent party or parties having 
 taken place immediately preceding the time at which such 
 application is made be legally entitled thereto. Provided 
 that before such moneys or lands shall be distributed or 
 handed over as aforesaid a bond or bonds to be approved 
 of by the judge of probate in double the amount of the 
 sum of money, or double the value of the lands to be 
 distributed, apportioned or handed over, shall be filed in 
 
718 PftoBATE CDUSf. fP^feT 111. 
 
 Chap, 1 00. the Probate CoUrt for said county, and shall be conditioned 
 for the payment or redelivery of the said moneys or lands 
 to the said absent party or parties should he or they 
 return, or in case of his or their death being proved to 
 have taken place at a time other than that immediately 
 preceding said application, then to the person or persons 
 entitled to the same by reason of said death having taken 
 place at such other time ; and nothing herein contained 
 shall limit or abridge the legal remedies which the said 
 absent party or parties, or any other persons entitled 
 thereto, may resort to for recovering said moneys or lands 
 of or from the party or parties to whom said executor oi* 
 administrator may have paid or delivered the same ; but 
 the executor or administrator making such payment or 
 distribution shall be relieved from all further liability in 
 respect thereof. 
 
 gefvlce in oases 107. In cases where personal service cannot be made 
 provided for. on an executor, administrator, or other party interested in 
 an estate, of any citation order or other paper, owing to 
 absence from the Province, it shall be lawful for the judge 
 of probate, unless otherwise provided in this Chapter, on 
 being satisfied by afiidavit of such fact, to make an order 
 for publication of such citation order or other paper, for 
 such time and in such manner as he shall deem necessary; 
 which publication shall be held to be a sufficient service 
 in such matter or proceeding. 
 
 i»ot t6 conflict 108. Nothing in this Chapter shall be construed to con- 
 ti^siatto™'"'™ travene or conflict with any enactment of the Parliament of 
 Canada on the subject of insolvency or otherwise. 
 
 ecHuaxTtiEi 
 
 Porm of 'djj/idavit to he annexed to any. accoilnt or claim 
 rendered by a treditor to an executor or administrator. 
 
 A. B., of ' — , maketh oath and saith, that the 
 
 foregoing paper writing doth contain a true and correct 
 
 account of his demand against the estate of , 
 
 deceased, and that all the credits to ■Vfhich the deceased was 
 honestly and justly entitled, so far as deponent believes, 
 have been given on said account; and that the balance of 
 ' is justly and truly owing to deponent. 
 
 Sworn before me at , this ) 
 
 : day of , A. D. 18—, f A. B. 
 
TITLE Xxm.] PROBATE COURT. 719 
 
 Citation. Chap. 100, 
 
 Nova Scotia. County of , SS. 
 
 To A. B., of -— , in the County of , 
 
 Greeting ! 
 
 Whereas A. B., executor, (or, administrator, or, other 
 person interested, as the case may be,) hath prayed that you 
 may appear and (here state in short form the object,) you 
 are therefore required to appear before me at a Court of 
 
 Probate, to be held at , within and for the said 
 
 County, on the day of — next, to (here state in 
 
 short form the object.) 
 
 Given under my hand and the seal of the said Court, 
 
 this day of , 18—. 
 
 C. D., Judge of Probate. 
 
 E. r., Registrar of Probate. 
 
 Attachment. 
 
 Probate Court. 
 County of «— , SS. 
 
 To the Sheriff of - 
 
 Greeting i 
 
 You are hereby required to attach — by his body, 
 
 if found within your bailiwick, and him safely keep, sp 
 that you may have his body before me at my ofSce in 
 
 , on the day of next coming, to answer 
 
 concerning a contempt lately by him committed in 
 neglecting to appear before me pursuant to a subpoena 
 issued in that behalf, {or, in case it may be jor refusing to 
 testify after o-ppearing, for refusing to testify before me,) 
 in a certain matter lately pending before me as a Judge o^ 
 Probate for said County, and have then there this writ. 
 
 Given under my hand this — -- day of , 18 — . 
 
 C. D.j Judge of Probate. 
 E. F.( Registrar* 
 
 II — - — ■"■ 
 
 Execution. 
 
 Probate Court. 
 County of ■- ' '■■'-■ ■, SS. 
 
 To the Sheriff of the said County of 
 
 Greeting i 
 
 You are hereby required (or*^ in case it be an alias 
 execution, as before,) to levy of the goods and chattels of 
 — — — t within your bailiwick^ the sum of — -^, for costs 
 
720 PROBATE COURT. [PART III. 
 
 Chap. 100. awarded in favor of (or aa the case may be) , in a 
 
 certain proceeding lately had before me as Judge of Probate 
 in and for the said County, and have that money before me 
 
 at my office in , within thirty days from the date 
 
 hereof, to be rendered to the said , and for want of 
 
 such goods and chattels whereon to levy you will take the 
 
 body of the said , and him safely keep until the said 
 
 sumand 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., Judge of Probate. 
 E. F., Registrar. 
 
 Warrant of Appraisement. 
 
 Nova Scotia. County of , SS. 
 
 To A. B., &c. 
 
 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 of the said deceased, to be 
 returned 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. F., 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 Judge of Probate in the same manner as administration 
 bonds, and conditioned aa 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 the 
 
TITLE XXm.] PROBATE COURT 721' 
 
 condition of this obligation is such that if the said Chap. TOO. 
 
 shall well and truly pa}' such costs arising from such 
 appeal, and to such person as the court of appeal may 
 order and direct, then this obligation to be void, otherwise 
 to remain in full force. 
 
 Signed, sealed and delivered \ 
 in the presence of . J 
 
 Administration Bond. 
 
 Know all men by these presents that we, A. B., C. D., 
 
 and E. F., all of , in the County of , are held 
 
 and firmly bound unto . Judge of Probate for the 
 
 County of , in the sum of , to be paid to him 
 
 or his successors in office, for which payment we bind 
 ourselves, our and every of our heirs, executors and 
 administrators, jointly and severally by these presents, 
 
 .sealed with our seals, and dated this day of , 
 
 18—. 
 
 The condition of this obligation is such that if the 
 above bounden A. B., administrator of the goods and 
 
 effects of , deceased, do make a true inventory of 
 
 the goods and effects of the deceased which have or shall 
 come to the possession or knowledge of the said A. B., 
 and the same do exhibit into the Registry of the Court of 
 
 Probate for the County of , on or before the 
 
 day of next ensuing; and the same goods and 
 
 effects, and all other the goods and effects of the deceased, 
 at the time of his death or which at any time after shall 
 come to the possession or knowledge of the said A. B., do 
 administer according to law, and further do make a true 
 
 account of his administration on or before the day 
 
 of , in the year of our Lord one thousand eight 
 
 hundred and ; and all the residue of the said goods 
 
 and effects which shall be found remaining upon the said 
 administrator's account, the same being first examined and 
 allowed by the Judge of the said Court, shall deliver and 
 pay unto such persons respectively as the Judge by his 
 decree shall appoint ; and if the said A. B., Administrator, 
 shall perform all orders and decrees made by the Court, 
 touching the goods and effects of the deceased, and if it 
 shall hereafter appear that any last Will was made by the 
 deceased, and the same be proved and allowed by the 
 Court, then if the above bounden A. B,, being thereunto 
 
 47 
 
722 JUSTICES OF THE PEACE. [PART III. 
 
 Chap. 101. required, do deliver the said letters of administration to 
 the said Judge, or his successor in office, then this obligation 
 to be void. 
 
 Signed, sealed and delivered ) 
 in the presence of . J 
 
 Bond on Sale of Real Estate. 
 
 Know all men by these presents that we (as in 
 administration bond.) 
 
 Whereas license has been granted by the above named 
 Judge of Probate to the above bounden Executor of the 
 last Will and Testament {or, administrator of all and singular 
 the goods, chattels, credits and estate, as the case may be,) 
 
 of , deceased, to sell (or, lease or mortgage, as ihk 
 
 case may be,) the real estate of the said deceased for 
 payment of his debts and legacies : Now the condition of 
 this obligation is such, that if the said A. B., executor, (or, 
 administrator) as aforesaid, shall faithfully apply all 
 moneys arising from the sale (lease or mortgage) of any of 
 the real estate of the said deceased, or otherwise from the 
 rents and profits thereof, in payment of the debts or 
 legacies of the deceased, agreeably to law, and shall truly 
 account for the same in his administration account before 
 
 the Court of Probate for the County of , or other 
 
 court of competent authority in that behalf ; and shall pay 
 any surplus moneys which may be found remaining in his 
 hands upon such accounting unto such person as the Court 
 
 of Probate for the said County of , or other court of 
 
 competent authority in that behalf shall by decree appoint, 
 then this obligation to be void. 
 
 Signed, sealed and delivered ") 
 in the presence of . j 
 
 CHAPTER 101. 
 
 OF JUSTICES OF THE PEACE: THEIR APPOINTMENT AND 
 PRIVILEGES. 
 
 Appointment oJ 1- It shall be lawful for the Lieutenant-Governor, by 
 justices. ^jjci ^jt^]^ ^|jg advice of the Executive Council, at any time 
 
 or times to appoint under the Great Seal of this Province 
 or the Seal-at-arms, such and so many justices of the peace 
 in and for the several and respective counties of this 
 Province as may be deemed expedient and proper. 
 
TTTLS XXni.] JUSTICIES OT THE I'EAiCE. 72S 
 
 2. In any commission or commissions to be issued, it Chap. lOU 
 shall be lawful to include the name of one or more person commission may 
 or persons, or to issue a separate commission to each person ^^^^^ several 
 to be appointed. 
 
 3. Each person to be appointed shall before entering oath ot office, 
 on the duties of his office be duly sworn before the^^oTI ^''°°' 
 municipality clerk for the county for which he shall be 
 appointed., and if there shall bw more than one municipalit)' 
 
 ■district in such county then before the clerk of the 
 municipality in which the person so appointed resides, and 
 each municipality clerk shall keep a record or minute of 
 such person being duly sworn, in which shall be stated the 
 ■date of such person being duly sworn. An examined copy 
 ■of such record or minute, or a copy certified under the 
 hand of such municipality c'lerk, or his deputy, shall be 
 evidence of such person having been duly appointed and 
 sworn, in all courts of law and equity, 
 
 4. Each person on being so appointed and duly sworn, Powers and priv- 
 shall be invested with all the rights, powers, privileges, "*°^ 
 immunities and advantages heretofore had, held, exercised 
 
 and enjoj'ed by any justice of the peace as heretofore 
 appointed in this Province, and shall be entitled to the 
 rights, privileges, immunities and advantages heretofore 
 given, granted and extended to any justice of the peace, as 
 well by statute and Act of the General Assembly as 
 otherwise. 
 
 5. Nothing in this Chapter shall affect or interfere Existing eom- 
 
 • ^1 • • £ j.\_ I, J. ir * J '1.1, missions not af- 
 
 with any commission or the peace heretorore issued, or withfected, 
 the rights, privileges, immunities and advantages given, 
 granted and bestowed under and by virtue of such 
 ■commission, or by any Act or Acts of the General Assembly 
 or otherwise, and all such rights, privileges, immunities 
 and advantages shall exist and continue in as full force 
 and eifect as if this Chapter had not been enacted, except 
 as herein is provided. 
 
 6. The Lieutenant-Governor-in-Council is authorized Removal from 
 to displace and lemove any person or persons from the"*^"*' 
 office of justice of the peace, as- well those appointed 
 previous to the passing of this Chapter as those hereafter 
 appointed ; and in the event of any person or persons 
 
 being removed or displaced, notice thereof shall be given in 
 the Royal Gazette of this Province, and the Royal Gazette 
 containing such notice shall, in all courts of law and equity, 
 be evidence of such displacing or removal. 
 
 7. All and every appointment of any person or persons Ajjpoiritnifents 
 to the office of justice of the peace, made since the first day j^^yj^^^'f' ^^^^• 
 of July in the year of our Lord one thousand ■eight hundred 
 
 and sixty-seven, shall be deemed and taken to be a good 
 
724 JUSTICES OF THE PEACE. [PART III. 
 
 Chap. 101. and valid appointment, and every person so appointed .shall 
 be entitled to and be invested with all the rights, powers, 
 privileges, immunities and advantages heretofore given and 
 granted to, and held, exercised and enjoyed by, justices of 
 the peace as well under and by virtue of the commission 
 of the peace as by any Act or Acts of the "General Assembly 
 or otherwise, and .shall be subject to all the provisions of 
 this Chapter in the .same manner as if such person or 
 persons had been appointed after the passing of this 
 Chapter ; and all and every act and acts, matter or thing 
 heretofore done and performed by any such person or 
 persona in his or their capacity of a justice of the peace, 
 shall be deemed and taken to be as good, valid and legal 
 as if this Chapter had been passed and in force previous to 
 such person or persons having been appointed. 
 When roll lost, 8. When it is brought to the notice of the Governor- 
 be' oiSS^toin-Council by the warden of any county or district, that a 
 produce their ^qJJ pf ^jjg nugtices of the peace cannot be made out for such 
 
 commissions. J . ^ pit 
 
 county or district, on account of the loss of the roll or from 
 other sufficient cause, the Governor in-Council shall, by 
 notice in the Royal Gazette, call upon the justices of the 
 peace in such countj' or district to produce their commissions 
 and qualifications to the clerk of the municipality for such 
 county or district, at a date to be fixed by the Governor- 
 in-Council. A notice .shall also be posted in each polling 
 district in such county or district by the clerk of the 
 municipality ; and the clerk shall enter the names of such 
 justices, with the dates of their commissions and qualifica- 
 tions ; and the names on such roll shall constitute the list 
 of justices of the peace for such county or district. 
 Parchment rolls 9. It shall be the duty of the Governor-in-Council to 
 Government.'' furnish parchment rolls to the clerk for such county or 
 district where such rolls have become lost or for other 
 sufficient cause ; and the clerk for such county or district 
 shall cause the names of the justices of the peace for such 
 county or district to be entered on such parchment rolls 
 as in the eighth section provided. 
 cserk's lee. 10. The clerk of the municipality shall be entitled to 
 
 receive a fee of twenty -five cents from each justice of the 
 peace for such services. 
 
 When commis- 11. When a justicc of the peace called upon to produce 
 
 sion lost, &o., 1 . • • !•£ ,. ^ 1 ,, '^ . . ^ „ . 
 
 Justice may file his Commission or qualincation, under the provisions of the 
 affidavit oj thegjgjjtij section, shall not be able to produce his commission 
 by reason of the same being lost or mislaid, his name shall 
 be entered on the roll on his making and filing with the 
 clerk of the municipality an affidavit in the form and to 
 the eff'ect of that in schedule A ; and such affidavit shall be 
 sworn before any justice of the peace. 
 
TITLE XXIII.] JUSTICES OF THE PEACE. 725 
 
 12. Every action against a justice of the peace or Chap. 101. 
 stipendiary magi.strate for any act done in the execution Aetions againS 
 of his office with respect to a matter within his jurisdic-^"*^''"^' 
 tion shall be an action on the case, and it shall \ye expressly 
 
 alleged in the declaration that the act was done maliciously 
 and without reasonable and probable cause; and if upon 
 the trial the plaintiff fail to prove such allegation, judgment 
 shall be given for the defendant. 
 
 13. If the action be brought for an act done in aMaiice.&cwheii 
 matter where he has no jurisdiction, or where he has sueger^''*"^^ 
 exceeded his jurisdiction, the party injured thereby or by 
 
 any act done under a conviction, or order or warrant issued 
 
 by the justice, need not allege malice or want of reasonable 
 
 and probable cause in his declaration. But no action in No action unta 
 
 such case shall be brought until such conviction shall have^ualhed!" 
 
 been quashed ; nor shall any action be brought 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. 
 
 14. If a warrant shall not have been followed by a No action where 
 conviction or order, or if it be a warrant upon an informa- "" """"^ '™' 
 tion for an alleged indictable offence, and a summons had 
 
 been 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. 
 
 15. Where a convieti'on or order .shall be made by aNo aetion tor 
 justice, and a warrant of distress or commitment issued by der°%onvietloH 
 some other justice in good faith and without collusion, no^^gf""*^" ^"*" 
 action 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. 
 
 16. Where a poor or county rate shall be made, and a No action for ii- 
 
 L p !• , 111- 'J. ii suing warrant of 
 
 warrant or distress shall issue against a person rated distress for 
 therein, no action shall be brought against the justice who""""'^'"*^^'*®' 
 gi-anted the warrant for any irregularity or defect in the 
 rate, or by reason of any such person not being liable to 
 be rat-ed. 
 
 17. Wfaere a warrant of distress or of eommitnaentTfo action for 
 shall be granted by a justice upon conviction or order. ^er^defeftiv™ 
 which either before or aifter the granting the warrant shall "onwd^ol^a^ 
 have been confirmed upon appeal, no action shall be broughti?^*'- 
 against the justice granting the warrant for anything done 
 thereunder, by reason of any defect in such conviction 
 
 or order. 
 
T26 jtrsTiCES or the peace. [part iir. 
 
 Chap. 101. 18; If any action shall he hrouf^ht in a case where hy 
 Action brought this Chapter it is forbidden^ a judge of the court where 
 a.ftpt^rX*teit is broaght, upon application . of the defendant upon 
 quashed. affidavit, may set aside the pi-oceedings, with or without 
 
 costs, as he shall see fit. 
 
 Action, month's 19'. No action shall be coTTMnenced aj^inst a justice 
 notice o(. j^^ ^^^ ^j^jj^g ^^^^ j^ ^^^ execution of bis office, until one 
 
 month at least after notice in writing of such intended 
 
 action shall have been delivered to bin> or left at his. 
 
 usual place of abode, hy the paity intending ta commence 
 
 Notice, contents the action, bis attorney or agent; in which notice the 
 
 "'■ cause of action and the court in which it is intended to be 
 
 b70Ught„ shall be explicitly stated ; and upon the back 
 
 thereof shall be endorsed the name and place of abode of 
 
 the party intending to sue, and the name and place of 
 
 aborle or of business of the attorney or agent, if th« notice 
 
 has been served by an attorney or agent ;; and tb« place of 
 
 tBial in eveT-y such action shall be stated to be in the county 
 
 Action, Kmita- where the act complained of was committed- and such 
 
 *"*" "'■ action shall be brought within six -months next after the 
 
 caase of action shall have accrued. 
 
 Justice may tenr 20. After noticc SO gi vcn and before action eora,nienced„ 
 pay money ^nto such justice may tender to the party cocoplaining, his 
 t°o""^'and* tefOT« ^'''°™^y ^r agent, such sum of money as he may think fit„ 
 iwtioo. as amends for the injury complained of in the notice ; and 
 
 after action eommeneed, and before issue jjoined, the 
 defendant„if he have not made a tender, or in addition to. 
 the tender, may pay money into court ; and the tender and 
 payment into court or either of them may be given in 
 evidence on the trial. If the jury shall be of opinion that 
 the plaiatiff is not entitled to damages beyond the sum, 
 tendered or paid into court, then they shall find a verdict 
 for the defendant, and the plaintiff shall not be at liberty 
 to elect to be non-suit ; and the sum so paid into couit, or 
 so much thereof as shall be sufiicient to satisfy the 
 defendant's costs, shall thereupon be paid out of court toi 
 him, and the residue if any be paid to the plaintiff; or if 
 the plaintiff shall elect to accept the money so paid into 
 Goart in satisfaction of dam:ages in the action, he may 
 obtain a judge')5 order for the money, and that the defendant 
 shall pay him his costs, to be taxed, and thereupon the 
 action shall be determined, and the order shall be a bar 
 to any other action for the same cause.. 
 
 Proof reqiiivetf 21. If at trial the plaintiff' shall not pro.ve that the 
 
 on part of plain- , . , , , . , f , . , . . ,^ . , , t , « 
 
 tiff.. action was brought within the time limited in that behalf^ 
 
 or that the notice was not given a month before actiou 
 commenced, or if he shall not prove the cause of actiou 
 
TITLE XXIII.] JUSTICES OF THE PEACE. 727 
 
 stated in such notice, or that it arose in the county in Chap. 101. 
 which the place of trial is stated to be, the plaintiff shall 
 be nonsuit or the jury shall give a verdict for the defendant. 
 
 22. In all cases where the plaintiff shall be entitled to Plaints proved 
 recover, and he shall prove the levying or payment of any tion to have 
 penalty or sum of money under any conviction or order as oAence^r which 
 part of his damages, or if he prove an imprisonment ^^™'^^'^*^.jj^j 
 thereunder, he shall not be entitled to recover the amount damages only, 
 of the penalty or sum levied or paid, or any damages 
 
 beyond three cents for such imprisonment, or any costs of 
 suit, if it shall be proved that he was actually guilty of 
 the offence of which he was convicted, or that he was 
 liable to paj'^ the sum he was so ordered to pay, and with 
 respect to the imprisonment that he had undergone no 
 greater punishment than that assigned by law for the 
 offence of which he was convicted or for the non-payment 
 of the sum he was so ordered to pay. 
 
 23. If the plaintiff recover a verdict or the defendant ^°^'^ 
 allow judgment to pass by default, the plaintiff shall recover 
 costs as if this Chapter had not passed. If it be stated in 
 the statement of claim that the act complained of was done 
 maliciously and without reasonable and probable cause, the 
 plaintiff, if he recover a verdict for any damages, or if the 
 defendant allow judgment to pass by default, shall be 
 entitled to full costs. 
 
 24. Each and every of the foregoing provisions for the ^pp''^'^''^ ^°^ 
 protection of justices of the peace shall apply as well to pendiary magis- 
 etipendiary magistrates ; and the twelve foregoing sections 
 
 (shall be read as if the words " or stipendiary magistrate " 
 were inserted therein next after the word justice. 
 
 2.5. Where a justice of the peace or stipendiary Supreme court 
 
 ^ M e 1 1 • 11- niay compel JU3- 
 
 magistrate sriall refuse to do any act relating to the dutiestice, &o., to per- 
 
 pi-rjc J.I, i. •• 1 L J. 1 J form the duties 
 
 or his oince. the party requiring such act te be done may of hia office, 
 apply to the Supreme Court, upon affidavit of the facts, for 
 a rule calling upon the justice, and also upon the party to 
 be affected by such act, to shew cause why such act should 
 not be done ; and if, after service of such rule, good cause 
 be not shewn against it, the court may make the rule 
 absolute, with or without costs, as they may see meet ; 
 and the justice of the peace or stipendiary magistrate, 
 upon being served with the rule absolute, shall obey the 
 same, and do the act required. No action or proceeding 
 shall be commenced or prosecuted against such justice or 
 stipendiary magistrate for having obeyed such rule. 
 
728 civil peocedube in magistrates' courts. [part iit. 
 
 Chap. 102. 
 
 SCHEDTJI^E. 
 
 I, A. B., of , in the County of , Esquire, 
 
 do swear that I was duly appointed a justice of the peace 
 
 for the said County of , in or about the year one 
 
 thousand eight hundred and , and that I was duly 
 
 sworn in as such justice of the peace ; that I have acted, 
 since I was so sworn in, in the capacity of a justice of 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. 
 
 CHAPTER 102. 
 
 OF CIVIL PROCEDURE IN MAGISTRATES' COURTS. 
 
 Jurisdiction of 1. In actions for debt, where the whole dealing or 
 
 S2cf;*of''two'lus- cause of action does not exceed' twenty dollars, one justice, 
 
 tioes $80. ^jjjj T(vhere the whole dealing or cause of action exceeds 
 
 twenty dollars and does not exceed eighty dollars, two 
 
 justices of the peace for the county wherein the defendant 
 
 resides or where the debt or cause of action arose, shall have 
 
 May sue execu- jurisdiction, and they shall have power to sue executors or 
 
 tors or adminis- -,*,,. 
 
 trators. administrators. 
 
 When defendant 2. In all cases whcre the defendant does not reside in 
 
 in county where the county where the summons was issued, it shall be 
 
 pMntS'^tfde- i'^c"'^^^'^^ ^^ *-^® justicc or justiccs before issuing such 
 
 posit with jus- summons to require the plaintiff to deposit with him a sum 
 
 to"'ten™ents''per equal to tcD ceuts per mile each way of the distance 
 
 distacebeween between the residence of the defendant and that of the 
 
 fendmt"^ and^P^^'^^ ^^ trial, such sum to be held by the justice until after 
 
 place of trial, the trial of the cause, and which shall be paid to plaintiff 
 
 after final judgment in favor of plaintiff is entered below, 
 
 or on appeal ; and in case the plaintiff shall become 
 
 nonsnit,'discontinue, or judgment shall for any other cause 
 
 be given for defendant, the justice shall pay over such 
 
 depoiyt forthwith to the defendant toward defraying his 
 
 personal expense in attending said suit, in addition to any 
 
 other lawful expenses he may be entitled to ; and in the 
 
 event of an appeal from such judgment such deposit shal] 
 
TITLE XXIII.] CIVIL PROCEDURE IN MAGISTRATES' COURTS. 729 
 
 be sent to the clerk of the County Court with the papers Chap. 102. 
 in the cause, and before any summons or capias shall issue 
 the amount of said deposit shall be endorsed on the writ ; 
 and in case said deposit shall not be actually paid in as 
 aforesaid, and endorsed on both the original and copy, the 
 said writ and service shall be void. 
 
 3. In all cases when the justice wh'o has signed the in case justice 
 summons or capias shall be sick, or otherwise unavoidably oS^/iSfe 
 absent and unable to attend the trial, it shall be lawful for ""^^ '^^■ 
 any other justice for such county to act in such trial, and 
 
 to give judgment. 
 
 4. All writs and executions shall be directed to and writs to be di- 
 served and executed by a constable of the county where stawe ot county 
 the defendant resides. r'Sfdls^^*™^™* 
 
 5. When any person shall claim that another is capias, how is- 
 indebted to him in an amount not less than four dollars 
 
 nor more than eighty dollars, and by himself or his agent 
 having personal knowledge shall make oath before a 
 justice of the peace that such person is so indebted, 
 specifying the amount of the debt, and that the deponent 
 verily believes that unless such person is arrested the debt 
 will be lost, and that he verily believes that such person is 
 about to leave the county, and shall in faid affidavit set 
 forth particularly the grounds for his belief that the debtor 
 is about to leave the county, it shall be lawful for a justice 
 of the peace, where the amount claimed is not more than 
 eighty dollars, to issue a writ of capias in the form in 
 the schedule to this Chapter, or the justice may in his 
 discretion issue a summons. 
 
 6. No minor shall be arrested on a writ of capias Exemptions 
 issued by a justice, nor shall any person be arrested under ^p^™' °' 
 a capias for a debt under four dollars. 
 
 7. Any person arrested on any such writ shall be Persons arrested 
 admitted to bail by the officer in the same manner as in Unseat during 
 other cases of arrest; but in case the party arrested shall '"*'• 
 
 be committed to jail, the constable who committed him, or 
 
 the sheriff, on demand of the prisoner, shall take him 
 
 before the justice or justices when and where the cause is 
 
 to be tried as often as may be necessary for the trial of the 
 
 cause, that he may be present during such trial, and attend 
 
 to the 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 gaol; butnisoharRed on 
 
 should the party so arrested appeal frotn any judgment, hcpelir'"^ °'^' 
 
 shall on perfecting his appeal be forthwith discharged 
 
 from prison. The constable or other officer so conveying constable's fees 
 
 him shall be entitled to ordinary constable fees per mile °' *™™'" 
 
730 CIVIL PROCEDURE IN MAGISTRATES' COURTS. [PART III. 
 
 Chap. 102. travel, to be taxed in the costs on judgment against the 
 Escape; when unsuccessf ul party ; and the sheriff shall not be liable for 
 sherifl not liable, any escape of the party while out of his actual custody 
 
 under this section. 
 Causes, at what 8. All causos shall be tried between the hours of ten 
 o'clock in the forenoon and six o'clock in the afternoon of 
 the day on which process is made returnable. 
 Continued by Q When from the number of causes to be tried a 
 
 lUStilCOS if I16C6S- 
 
 sary. cause Cannot be heard and determined within the time 
 
 specified in the next preceding section, or in case thejustice 
 shall not be prepared to pronounce his judgment on the 
 day of trial, or when sufficient cause on affidavit is shewn, 
 the justice or justices may continue the cause till some 
 further time, not exceeding thirty days, upon such terms as 
 to costs, security, or otherwise, as he or they may deem 
 right ; of which continuance he or they shall notify the 
 parties, plaintiff and defendant. 
 Suit, how con. 10. The suit may be conducted and the amount col- 
 lected upon the same rules in a summary form, and subject 
 to a like defence, as if the suit were brought in the 
 Supreme Court. 
 Particulars of ao- n. No justicG shall issue any writ of summons or 
 filed before writi capias, unless the party applying therefor shall file a 
 Issues. statement in writing containing the particulars of his 
 
 cause of action, or of the promissory note or other 
 inslrument on which he is suing, a copy of which shall 
 be furnished to the defendant by the justice if required. 
 When final judgment shall have passed thereon, the 
 statement, note, or other instrument shall be filed with 
 the justice, and in cases of appeal shall be transmitted 
 with the other papers in the cause. 
 Particulars an- 12. A Statement in writing of the particulars of the 
 mons. plaintiff's claim, shewing both debits and credits, shall be 
 
 annexed to the original summons ; and a copy thereof, to 
 be prepared by the justice issuing the writ, shall be 
 annexed to the copy of sucli summons and served 
 therewith. 
 
 moM when™" ^^' "^ ''"P^ °^ *'^® summous or capias shall be delivered 
 livere'd to de- to the defendant, at least five days, when the amount is 
 ™ °'" ' under forty dollars, and when above forty dollars, ten days 
 
 before the return day thereof ; and the constable serving 
 the same shall if recjuired explain such writ to the 
 defendant. A notice in the form in the schedule requiring 
 the defendant to file his set-off, if any, shall be endorsed 
 on the summons or capias and copy. 
 
 how"™ade ^''''' ^'*' "^^^ Constable shall make return of such writ with 
 his doings thereon on or before the return day, and if 
 required by the justice shall make an affidavit of the 
 
TITLE XXIII.] CIVIL PROCEDURE IN MAGISTRATES* COURTS. 731 
 
 manner in which he has- served the same, and the date of Ghap. 102j 
 such service. 
 
 15. When the defendant does not personally appear the Affidavit ot seiv 
 justice shall not proceed in the cause, unless the constable "hen "defendant 
 "shall make an affidavit that he has delivered a copy of "^o^^ ""* *pp'"- 
 such writ, with a statement in writing of the plaintiff's 
 particulars annexed, to the defendant, and if by the 
 defendant at the time of service required so to do, that he 
 explained the contents thereof to the defendant. 
 
 IG. When the whole cause of action exceeds ten when oame of 
 dollars, either party may obtain a jury by applying |io'°"ury may hi 
 therefor to the justice who issued the summons or capias, o''*'*'"^''- 
 at least two days before the return day of the process. 
 
 17. When a jury has been demanded, the justice shall Jmy, how sum- 
 issue a venire, 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 tiied, to appear at the time and place therein to be 
 specified. 
 
 18. Any juror so summoned who shall neglect to Fine for nou. 
 appear, and shall not show to the justice or justices so'me^^ror. 
 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 he had summoned the juror at least twenty-four 
 hours before the time appointed for his appearance. 
 
 19. The jury shall be sworn by one of the justices in Jurors, how 
 open court " well and truly to try the cause according to ings™untS°°ver^ 
 the evidence ;" and the evidence of the witnesses produced ''*°*" 
 
 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, the jury shall, if they require 
 it, retire to some convenient room under the charge of 
 some constable, or in case no constable shall be in attend- 
 ance, such other person as shall by .such justices be 
 appointed for that purpose, who shall be sworn " to keep 
 such jury together, and not to sufifer any one to speak to 
 them, nor to speak to them himself, without leave of the 
 justices;" and when agreed, the jury shall return their 
 verdict, whereupon judgment shall be given accordingly. 
 
 20. Either party may challenge for cause any of thechajieng* tor 
 jurors, and if the challenge be allowed, or any of the jurors ^Sup"^' "* 
 do not appear, the justices shall direct the constables 
 forthwith to summon any person duly qualified, and not 
 
 liable to be challenged, to fill up the jury. 
 
 21. In all cases under this Chapter, whether theProo'on "^thof 
 defendant appears or not, and the plaintifi's demand or where action not 
 cause of action is not confessed by the defendant in person ^""' "" 
 
732 CIVIL PROCEDUEE IN MAGISTRATES* COURTS. [PART III. 
 
 Chap. 102. or in writing under his hand, the same shall be established 
 
 on the oath of one witness. 
 Plaintiff's proof 22. The plaintiff shall not be permitted to give Bvidence 
 ment"ffled?^ "' of anything not contained in the statement tiled by hira 
 
 previous to the issue of the writ. 
 Written appear- 23. No Written appearance, pleas, or grounds of 
 quired. Defend- defence shall be required, but a defendant who intends to 
 servetet-off two I'ely upon ■ a set-off shall file the same with one of the 
 tumof'writ '■^"justices issuing the writ, or serve it on the opposite party, 
 at least two days before the return day of the summons 
 and before trial ; and he shall be precluded from giving in 
 evidence by way of set-off anything not contained in the 
 statement. The justice if required shall furnish the 
 plaintiff with a copy thereof. 
 If defendant 24. Whenever the defendant shall establish a set-off 
 
 equal to or ex- equal to or exceeding the demand proved by the plaintiff, 
 tfrs"^^"^ o'' ^"y other sufficient defence thereto, the defendant shall 
 proved, judg- havc ludgment : if the set-off be less than the plaintiff's 
 ingiy. demand the plaintiff shall have judgment for the residue 
 
 only with costs; and if the set-off exceeds the plaintiff's 
 demand as proved, and the whole amount of such set-off 
 do not exceed eighty dollars, the defendant shall in that 
 case have judgment for such excess. 
 When tender be- 25. When it shall appear that the defendant had ten- 
 amount paid-in, dercd the amount due before suit brought, such defendant 
 feSt""'^^"™ay before the trial pay the same into the hands of the 
 justice, and shall thereupon be entitled to his costs, which 
 shall be deducted by the justice out of the money so paid 
 into his hands. 
 Costs to party 26. The party succeeding shall in all cases be entitled 
 
 succeeding. , i . , 
 
 to his costs. 
 
 Execution, how 27. Where judgment has been awarded, the justice or 
 death, ™&c!,^^ of justices before whom the suit was tried, arid in case of the 
 justice. death, resignation, or removal of such justice or justices, 
 
 any other justice, and when such cause has been tried 
 before two justices, in case of the death, resignation or 
 removal of one of them, the remaining justice, shall at 
 the instance of the party obtaining judgment issue execu- 
 tion against the goods and chattels for the sum awarded 
 with costs or for costs, as the case may be. 
 
 mttoM °' ^^^' ^^- -^'^ executions shall be made returnable in thirty 
 
 days. 
 
 Execution not to 29. No exccution shall issue after the lapse of one year 
 
 year, except in f rom the time of giving judgment, unless it shall be made 
 
 certain cases. ^^ appear by affidavit that a balance is still due thereon, 
 
 and that due diligence has been used to levy the sam«, in 
 
 which case further executions may issue for the balance at 
 
TITLE XXIII.] CIVIL PROCEDURE IN MAGISTRATES' COURTS. 733 
 
 any time within four years after the rendering of the Chap. 102. 
 judgment. - 
 
 30. The constable to whom the execution shall be Duty of con- 
 delivered shall proceed forthwith to levy for the sum due,lx''oouti™°'^?i"^ 
 and shall take sufficient goods of the party against -whom Jy_"°"*' '"'"p^'^' 
 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 such 
 sale is to be held, at least five days before the time 
 appointed for such sale. 
 
 31. At the time and place so appointed, if the amount sale, how con- 
 remain unpaid, the officer acting therein shall sell the of execution; 
 goods at auction to the highest bidder, and shall forthwith "y"Me*° ''i^T 
 return the execution, with his doings thereon, to the J™™"'™' °' 
 justice who issued the same, and pay the debt and costs 
 
 levied thereon to the plaintiff" or his agent duly authorized, 
 
 after deducting 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 payment as above specified ; and Goods unsold to 
 
 whatever goods remain unsold after satisfying the execution ^^ "sto"*. 
 
 and expenses, shall be restored. 
 
 32. No constable shall directly or indirectly purchase Constables not 
 any goods at any sale made by him under this Chapter ; '" !'"''''''*=*• 
 and every such purchase shall be absolutely void. 
 
 33. For want of .goods whereon to levy, the constable. For want of 
 if instructed so to do, shall commit the person against iroommitted.*^ 
 whom the execution issued to gaol ; but no execution to 
 
 commit the person against whom judgment has been 
 obtained to gaol shall issue without the express order 
 therefor to the justice or justices from the party requiring 
 the same, and instructions to take the body shall in all 
 such cases be endorsed on the execution. 
 
 APPEAL. 
 
 34. The party dissatisfied with the judgment of the Appeal, and 
 justice or justices may appeal to the next term or sittings SedSi^ thereon! 
 of the County Court in the county in which the trial is had, 
 provided that before any appeal is allowed the appellant, 
 
 or in his absence his agent, before the appeal shall be 
 perfected, shall make an affidavit in writing that he is 
 
73 CIVIL PROCEDCRE m MACSlSfftATES' COURTS. [fARf IH. 
 
 Chap. 102. dissatisfied with the judgment and feels aggrieved thereby, 
 
 ' and that such appeal is not prosecuted for the purpose of 
 
 delay, and shall file the same with the justice ; and the 
 
 party so appealing, or in his absence his agent, shall within 
 
 ten days aftet the judgment enter into a bond with 
 
 sufficient surety in a penalty not less than double the 
 
 amount of the judgment, and not in any case less than 
 
 twenty-five dollars, with a condition that the appellant 
 
 shall enter and prosecute his appeal and perform the 
 
 judgment of the court, or render the 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 costs thereon subsequently 
 
 accruing, and such justice, or if the action be before two 
 
 justices then the first one applied to therein, if thereto 
 
 required, shall prepare the affidavit and appeal bond ; 
 
 which appeal if applied for at any time within fifteen days 
 
 after judgment in such cause, such justice or justices shall 
 
 be bound to grant returnable to the next term of the 
 
 County Court in the county in which the trial was had ; 
 
 and execution, if not issued when the appeal is applied for 
 
 and the appellant or his agent shall make or be ready to 
 
 make the affidavit, shall be stayed ; but in such case, if the 
 
 defendant have given bail, his bail shall continue liable 
 
 notwithstanding his personal appearance until they shall 
 
 render him, or he shall give an appeal bond within the 
 
 ten days herein prescribed ; 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 the appellant and duly served 
 
 upon the constable. The affidavit for appeal or for a writ 
 
 of capias may be sworn before any justice of the peace, and 
 
 the bond may be executed before any credible witness, and 
 
 need not be executed before the justice or justices who 
 
 tried the cause. 
 
 sureties may 35. The Sureties to the appeal bond shall have the 
 
 render appeuantp^^g^ to render the appellant, and the sheriff shall be 
 
 bound to receive him at any time after the trial de novo, in 
 
 the same manner as defendants are now rendered by bail 
 
 to a capias issued out of the Supreme Court. 
 
 Parties confmed 36. The County Court before which the tvial de novo 
 
 to original case, g^^^^jj (.g^jjg place shall confine the parties to the particulars 
 
 and set-off filed before the magistrate, and shall permit no 
 
 amendment therein. 
 
 Justice to trans- 37. The justice or justices before whom the cause 
 
 SansCT?pt^ oJ"* appealed was tried shall, not later than one week after the 
 
 corts"to" County *PP^^^ ^^ perfected, send to the clerk ot the County Court, 
 
 Court. or to his deputy, provided the cause was tried in a district 
 
 where a deputy is appointed and a County Court is held, 
 
TITLE XXIII.] CIVIL PROCECTJEE IN MAGISTRATES* COURTS. 735 
 
 all the appeal papers in the cause appealed, together with Chap. 102. 
 the appeal bond and a transcript of his or their judgment, 
 and a statement of the costs below to which each party 
 would have been entitled in the event of his having 
 succeeded below. 
 
 38. This Chapter shall apply wherever practicable, stipendiary ma- 
 and except as may be otherwise provided to all stipendiary powTr^ of t^o 
 magistrates, and to the procedure in the courts held by ^'"^''°^^' 
 such magistrates, and such magistrates shall within their 
 
 several jurisdictions have and exercise all the powers and 
 jurisdiction conferred by this Chapter on two justices of 
 the peace. 
 
 39. Any constable neglectins to serve or make return JJie tor constat 
 
 . •. / ■ u • 1 1- • I- 1-1 i. ble neglecting to 
 
 or a writ or summons or capias, besides being liable to an return writ, 
 action on the case for any damage that may have been 
 sustained, shall forfeit four dollars. 
 
 40. Any constable neglecting to return an execution Pi"? and pro^ 
 for the space of ten days after the return day . thereof , constable neg- 
 unless with the consent of the party in whose favor it was ix^eouttoJ'*"'" 
 issued, or to pay over .within five days the moneys received 
 thereon, or to pay the surplus 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 
 jurisdiction though the sum exceed forty dollars. 
 
 41. All writs of summons, capias, subpoena, and venire Process, how is- 
 shall require but one seal, and may be issued by a single™' ' 
 justice whatever may be the amount claimed, provided 
 
 such amount does not exceed eighty dollars ; and the same, 
 as well as all executions in cases before two justices, shall 
 where practicable be prepared by the justice first applied 
 to in the suit. In all cases the capias shall where prac^ 
 ticable be endorsed by the justice first applied to, who 
 if required b}' the plaintiff is to prepare the affidavit also. 
 In all suits triable before two justices, the execution shall 
 have two seals, and shall where practicable, and except as 
 herein otherwise provided, be signed by the two justices 
 who tried the cause. All affidavits shall be taken before, 
 and all oaths 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. 
 
 42. The costs and fees taxable under this Chapter Costs and fees, 
 shall be according to the scale of fees for magistrates and 
 constables under the chapter of the Revised Statutes, "Of 
 
 Costs and Fees." 
 
 43. The forms shall be as in the Schedule, Forms. 
 
736 civil procedure in magistbates' courts. [part iii. 
 
 Chap. 102. 
 
 eCHEDXTXiE. 
 
 Summons, 
 
 County of , SS. 
 
 To any of the Constables of the County of : 
 
 You are hereby required to summon A. B., of , 
 
 to appear at , on the day of , A. D. 
 
 18 — , at o'clock in the noon, before such Justice 
 
 or Justices as shall then be there, to answer to C. D., in 
 
 the sum of , and to make return hereof on or 
 
 before the said daj'. 
 
 Witness my hand and seal at , the — day 
 
 of , A. D. 18—. 
 
 E. F., J. P. (Seal.) 
 
 Capias. 
 
 County of , SS. 
 
 To any of the Constables of the County of : 
 
 You are hereby required to take A. B., of , anc 
 
 him safely keep, so that you may have him at 
 
 on the daj' of , A. D. 18 — , in the noon, 
 
 before such Justice or Justices as shall then be there, to 
 
 answer to C. T>., in the sum of , whereof fail not, 
 
 and to have there then this writ with your doings thereon. 
 
 Witness my hand and seal at , the day 
 
 of , A. D. 18—. 
 
 E. F., J. P. (Seal.) 
 
 Notice to be endorsed on the Summons or Capias. 
 
 Take notice that unless forty-eight hours before the 
 return day of this summons, (or, capias, as the case may 
 be,) you file the particulars of your set-off to the plaintiff's 
 claim with the magistrate issuing the writ, or serve the 
 same on the plaintiff, you will not be permitted to give 
 evidence of any such set-off. 
 
 Note. — On the back of the capias and copy thereof, 
 besides the above notice, to be endorsed the sum sworn to 
 in words at length, as follows : 
 
 By oath for the sum of — — ■ 
 
 E. F., J. P. 
 
TITLE XXIII.] CIVIL PROCEDURE IN MAGISTRATES' COURTS. 737 
 
 . ^ 7 . T . ^ . Chap. 102, 
 
 Affidavit to obtain Capias. ■ 
 
 I, A. B., of , in the County of , make 
 
 oath and say that C. D., is justl}' indebted to in the 
 
 sura of after S'^'"S ^^^^ credit to the best of my 
 
 knowledge and belief for all payments and offsets, that the 
 cause of action does not exceed eighty dollars, and I verily 
 believe that the said C. D. is about to leave the county, and 
 that unless a writ of capias be granted the debt will be 
 lost. I have personal knowledge of the truth of the 
 foregoing statements, and the grounds of my belief that the 
 said 0. D. is about to leave the county are as follows.: 
 (Here state the grounds.) 
 
 Sworn to at , in the^ 
 
 County of , this — — 
 
 day of , A. D. 18— 
 
 Before me. 
 
 , J. P. 
 
 y (Sgd.) A. B. 
 
 Execution. 
 
 County of , SS. 
 
 To any of the constables of the said County : 
 
 "Whereas judgment hath been awarded against C. D., of 
 
 , at the suit of A. B., for the sum of , and 
 
 more for costs : these are therefore to command 
 
 you to levy from off the goods and chattels of the said C. D. 
 
 such sums, making together , by sale of such goods 
 
 and chattels, after duly advertising the same ; and for want 
 thereof you are hereby required to take the body of the 
 said C. D., and him commit to Her Majesty's gaol, {or, 
 where there is a lock-up house or other place of confinement 
 in any county nearer the residence of the party to he 
 arrested, insert the name of it in place of the gaol,) in 
 
 , the keeper whereof is required to take the said 
 
 C. D. into his custody, and him safely keep until he pay 
 the sura above mentioned, with your fees and gaoler's fee, 
 or that he be discharged by the said A. B. or otherwise by 
 due course of law. Whereof fail not, and make due return 
 
 of this writ with your doings thereon to within 
 
 days. Witness hand and seal the day of 
 
 , 18-. 
 
 E. F., J. P. (Seal.) 
 
 G. H., J. P. (Seal.) 
 
 48 
 
738 civil pkocedure in magistrates' courts. [part iii. 
 
 - Chap. 10 2. 
 
 t ■■ Subpoena. 
 
 County of , SS. 
 
 To J. K., L. M., N. 0. and P. Q. 
 
 (according to the number.) 
 You and every of j'ou are required to appear at ■ 
 
 on the day of '■ — , at the hour of o'clock, in 
 
 the noon, to give evidence on the part of the (plaintiff 
 
 or defendant, as the case vnay 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. 
 
 iA, B., plaintiff", 
 and 
 C. D., defendant. 
 J. K. is required to give evidence in this suit, on the 
 part of the (plaintiff or' defendant, as the case may be!) at 
 , on the day of , at o'clock, in the 
 
 -noon. 
 
 Dated the day of , 18 — . 
 
 E. F., J. P. 
 
 Venire. 
 
 ■County of , SS. 
 
 To any of the constables of the said County : 
 ' ' You are hereby required to summon three persons duly 
 ■qualified to sit as jurors, who are not of kin to either of 
 
 the parties, to come and be present at , on the 
 
 day of , at o'clock, in the noon, to make a 
 
 jury between , plaintiff" and , defendant. 
 
 Dated the day of , 18 — . 
 
 E. F., J. P. (Seal.) 
 
 KETURNS TO WRITS, 
 
 To a Summons. 
 
 The within process was dul}' served on the said C. D. 
 
 •on the day of , by me. 
 
 0. P., Constable. 
 
•^ITLE XXIII.j CIVIL PROCEDURE IN MAGISTRATES* COURTS. 739 
 
 If required, the folloiving affidavit to be niade by the Chap. 102. 
 ■officer serving the process : 
 
 O. P., of , in the County of , maketh oath 
 
 and saith, that he did on the day of personally 
 
 -serve the defendant in the annexed process named, with a 
 
 ■true copy thereof, and at the same time acquainted ■ 
 
 Tvith the contents thereof. 
 
 O. P. 
 
 Sworn before me at . the day of 
 
 18—- E. F., J. P. 
 
 To a Capias. 
 
 The within named defendant was arrested and served 
 
 with a copy of the within process on the • day of 
 
 , and was admitted to bail by me. 
 
 0. P., Constable. 
 
 To a Venire. 
 
 I have summoned the within jurors as jurors for the 
 trial of the within cause, namely: G. H., J. K., L. M., 
 -and N. 0. 
 
 0. P., Constable. 
 
 To an Execution. 
 
 I have levied the debt and costs as within directed. 
 
 0. P., Constable. 
 
 For want of goods and chattels whereon to levy, I have 
 ■taken the body of the within named C. D. and committed 
 him to gaol as within directed. 
 
 0. P., Constable. 
 
 I have levied the sum of , part of the debt 
 
 and costs within mentioned, the remainder not satisfied. 
 
 O. P., Constable. 
 
 I could not find any goods or chattels, or the body of 
 the said C. D. 
 
 0, P., Constable. 
 
 OATHS TO BE ADMIN ISTEKBD TO WITNESSES, JURORS, AND CONSTABLES, 
 
 ON TRIALS. 
 
 Witnesses. 
 
 The evidence you shall give to the court (or, to the 
 couit and jury sworn) touching the matter in question, 
 shall be the truth, the whole truth, and nothing but the 
 truth. So help you God, 
 
740 CIVIL PROCEDURE IN MAGISTRATES' COURTS. [PART lit 
 
 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 God. 
 
 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 court. 
 So help you God. 
 
 Bail Bond on Capias. 
 
 Know all men by these presents that we (names, places^ 
 of residence, and professions or callings of the defendant 
 and his bail), 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 endorsed 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 at 
 
 on the day of , A. D. 18 — , before such justice 
 
 or justices as shall then be there, to answer to the suit of 
 the above named (name of 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 Magistrates Court, 18 — . 
 
 ? A. B., Plaintiff, 
 Between ■< and 
 
 ( C. D., Defendant. 
 
 I, A. B., (the party maJcing the appeal) of , in the 
 
 County of , the above named (plaintiff or defendant, 
 
 as the case may be, or, if the party for whom the appeal iV 
 made be absent, say agent for the above named plaintiff 
 or defendant, as the case may be,) make oath and say 
 
TITLE XXIII.] CIVIL PEOCEDUBE IN MAGISTRATES' COURTS. 741 
 
 ithat I am really dissatisfied with, and feel aggrieved by, Chap. 102. 
 the judgment given in this cause, and that I do not appeal 
 4iherefrom for the purpose of delay, but that justice may 
 be done therein. 
 
 Sworn at , the ^ To he signed by the party 
 
 day of , >- appealing, or in his 
 
 18 — , before me, ) absence, the agent. 
 , J. P. 
 
 Bond to he given on Appeal being inade. 
 
 Know all men by these presents, that we, A. B., C. D., 
 and E. F., (names of the appellant if he be present, or, if 
 •absent, of the agent, and the sureties, with their places of 
 residence,) are held and firmly bound to G. H., (the party 
 ■against whom the appeal is allowed) in the sum of (here 
 insert the proper sum as required by section Slf.,) to be 
 paid to the' said G. H., 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—. 
 
 Whereas a certain cause between the above bounden 
 A. B., {if the party appellant be the principal in the bond, 
 ■or, if he he absent then say between — name the appellant,) 
 and the above named G. H., in which the said (name the 
 appellant) was (plaintiff or defendant, as the case ma.y be.) 
 tried before (name the justice or justices before whom the 
 trial was made,) justice of the peace for the County of 
 
 , on the day of , and judgment was 
 
 given in favor of the said G. H. for the sum of , debt 
 
 and costs, and an appeal therein hath been demanded on 
 behalf of the said (name the party appealing) : Now the 
 •condition of the above obligation is such that if the said 
 /name the appellant) at the next sitting or terra of the 
 County Court for the County of (name the county in 
 which the cause was tried) shall dul}' enter and prosecute 
 'his said appeal,, and shall proceed therein to final judgment, 
 and shall abide by and fulfil the judgment of the said 
 Clourt to be given in such appeal, or render the body of 
 the appellant and pay the costs accruing on the appeal, or 
 ,'shall previous to the first day of the sitting of such Court 
 -pay the full amount of judgment in such cause, together 
 •with all costs subsequently accruing thereon, then the 
 a.bove obligation to be void. 
 
 .Signed, sealed and delivered "| A. B. (Seal.) 
 
 jn the presence of > C. D. (Seal.) 
 
 ■ . j E. F. (Seal.) 
 
742 SUMMABT CONVICTIONS [PABT Ilf. 
 
 Chap. 103. 
 
 OHAPTEE 103. 
 
 OF SUMMARY CONVICTIONS AND ORDEBS BY JUSTICES OF 
 THE PEACE, 
 
 Procedure for re- 1. Where & penalty or punishment is imposed under 
 tie™'^etc.r"otthe authority of any statute of the Province of Nova 
 dS^fr,°tobe°Ic; Scotia, or of any other statute or law now or hereafter to- 
 S'a'tei *° '^'^he in force in the Province of Nova Scotia, or of any by- 
 law enacted under the authority of any Act of the 
 Legislature, and relating to matters within the legislative 
 authority of the Legislatui-e of the said Province, and is 
 recoverable before or may be inflicted by a justice or justices 
 of the peace, or a police or stipendiary magistrate, unless 
 in such Act or by-law it is otherwise enacted or 
 declared, the proceedings for recovering the penalty, com- 
 pelling the attendance of the parties or witnesses, hearings 
 the complaint, and for the conduct of the court, the taking- 
 and estreating of recognizances, and the inflicting of the- 
 punishment, and otherwise in respect thereof, shall be as in 
 this Chapter defined, and the convicting justice or justices,, 
 or police or stipendiary magistrate, shall perform in respect 
 thereto the duties and functions in this Chapter declared. 
 ptions. 2. Nothing in this Chapter ccntained shall apply to 
 
 proceedings under chapter So of the Revised Statutes, " Of 
 the Settlement and Support of the Poor," or to proceedings 
 under chapter 37 of the Revised Statutes, " Of the Main- 
 tenance of Bastard Children," or to proceedings under 
 chapter 75 " Of Licenses for the sale of Intoxicating 
 Liquors ;" nor shall anything in this Chapter refer to the 
 procedure of the City Criminal Court or the Police Court of 
 the City of Halifax, or to proceedings before the stipen- 
 diary magistrate of said city; but in all such cases the 
 practice and procedure shall be as heretofore, and all fines,., 
 penalties and forfeitures which before the passing 
 of this Chapter could be sued for and recovered in any of' 
 the courts in this section mentioned, or in the City Civil' 
 Court, may be sued for and recovered in the same manner- 
 as heretofore, and with the like procedure. 
 Penalties not re- (1.) Nothing in this Chapter Contained shall apply to- 
 debt or private ttie case ot any nne or penalty imposed by any statute- 
 overawe ^d^e^r^l^^rein it is expressly declared that such fine or penalty is 
 this Chapter, to be sued for or recovered as a debt, or as a private debt;. 
 but in all such cases the procedure and practice shall be the- 
 same as before the passing of this Chapter, provided that 
 in all cases where a fine or penalty is imposed by any 
 statute, or by any by-law or ordinance made under the- 
 authority of any statute, and the amount thereol d.ofis not 
 
TITLE XXIII.] AND ORDERS BY JUSTICES. 745 
 
 exceed forty dollars, and it is not expressly declared that the Chap. 103, 
 
 same is to be sued for or recovered as a debt or as a private 
 
 debt, the same shall be recoverable before and may be 
 
 inflicted by two justices of the peace or a stipendiary or 
 
 police magistrate, and the proceedings in relation thereto 
 
 and to all matters connected therewith shall be as in this 
 
 Chapter defined, and as if the same were expressly declared 
 
 to be recoverable before or to be inflicted 63' such justices 
 
 of the peace or stipendiary or police magistrate, on summary 
 
 conviction. 
 
 3. In all cases where an information is laid before any when an inform. 
 
 p.. ,, ,. t'' ation IS laid, etc,, 
 
 one or more justices 01 the peace, police or stipendiary before a justice 
 magistrate for any territorial division of the Province, that ^o., such justice 
 any person being within the jurisdiction of such justice oi""OTs''to^''™rt' 
 justices, or a police or stipendiary magistrate, has committed accused, 
 any oflence or act over which the Legislature of Nova 
 Scotia has legislative authority, and for which he is liable 
 by law upon summary conviction for the same before a 
 justice or justices, or a police or stipendiary magistrate, to be 
 fined or imprisoned, or both fined and imprisoned, and also 
 in all cases where a complaint is made to any such justice 
 or justices, or police or stipendiary magistrate, in relation 
 to any matter over which the Legislature of Nova Scotia 
 has legislative authority, and upon which such justice or 
 justices, or police or stipendiary magistrate, have authority 
 by law to make an order for the payment of money or 
 otherwise, such justice or justices, or police or stipendiary 
 magistrate, may issue his or their summons (A), directed f<"™ »' sum- 
 to such person, 'stating shortly the matter of the informa- 
 tion or complaint and requiring him to appear at a certain 
 time and place before the same justice or justices, or before 
 such other justice or justices of the same territorial division 
 as may then be there, to answer to the said information or 
 complaint, and to be further dealt with according to law. 
 
 4. Every such summons shall be served by a constable service of sum- 
 or other peace officer, or other person to whom the same 
 
 may be delivered, upon the person to whom it is directed, 
 by delivering the same to the party personally, or by 
 leaving it with some person for him at his last or most 
 usual place of abode. 
 
 5. The constable, peace oflScer or person who serves Proof of service 
 the same shall attend at the time and place, and before the 
 
 justice or justices in the summons mentioned, to depose if 
 necessary to the service thereof. 
 
 6. But nothing hereinbefore contained shall oblige an} Prjviso as to ex 
 .justice or justices of the peace to issue any such summons '""^^ °*'*^' 
 
 in any case where the application for any order of justices 
 is by law to be made ex 'parte. 
 
744 SUMMARY CONVICTIONS [PART III. 
 
 Ghap. 103. 7. No objection shall be allowed to any information, 
 Noobjeection ai-Complaint OF sumoions for any alleged defect therein ia 
 lowed on account g„i33(;a^„gg qj, inform, or for any variance between such 
 
 or defect or va- , "' j at, ■ j 
 
 rianoe. information, complaint or summons, ana the evidence 
 
 adduced on the part of the informant or complainant at 
 
 Proviso. the hearing of such information or complaint ; but if any 
 
 such variance appears to the justice or justices present and 
 acting at such hearing to be such that the person sum- 
 moned and appearing has been thereby deceived or misled, 
 such justice or justices may, upon such terms as he or they 
 think fit, adjourn the hearing of the case tn a future day. 
 
 If the summons g. If the person served with a summons does not 
 
 having been duly , - f . ,. . ,. , ^j ^- ] i 
 
 served, &o., is appear before the justice or justices at the time and place 
 
 justicSyissSe nientioned in the summons, and it be made to appear 
 
 Ms warrant. ^o the justice or justices by oath or affirmation that the 
 
 summons was duly served what the justice or justices deem 
 
 a reasonable time before the time therein appointed for 
 
 appearing to the same, then the justice or justices upon 
 
 oath or affirmation being made before him or them 
 
 substantiating the matter of the information or complaint 
 
 to his or their satisfaction, may if he or they think fit 
 
 issue his or their warrant (B) to apprehend the party so 
 
 summoned and to bring him before the same justice or 
 
 justices or before some other justice or justices of the peace 
 
 in and for the same territorial division, to answer to the 
 
 said information or complaint, and to be further dealt with 
 
 Warrant may is- according to law ; or the justice or justices before whom 
 
 instance on in- any such information is laid for any such offence or act 
 
 ported'by oath^® aforesaid, punishable on conviction, upon oath or 
 
 &C. ' affirmation being made before him or them substantiating 
 
 the matter of the information to his or their satisfaction, 
 
 may, if ho or they think fit, instead of issuing a summons 
 
 issue in the first instance his or their warrant (C) for 
 
 apprehending the person against whom the information 
 
 has been laid and bringing him before the same justice or 
 
 justices, or before some other justice or justices of the 
 
 peace in and for the same territorial division, to answer to 
 
 the information and to be further dealt with according to 
 
 Proviso. law: Provided that where a warrant is issued in the first 
 
 Copy of warrant instance the justicc issuing it shall furnish a copy or copies 
 
 defendantT' °° thereof, and cause a copy to be served on each party 
 
 arrested at the time of such arrest ; and provided further 
 
 Proviso. that no such warrant shall issue in the first instance unless 
 
 oath or affirmation be made by the party applying therefor, 
 
 that he verily believes that the person against whom the 
 
 same is applied for is about to leave the Province, and that 
 
 lie verily believes that such person will escape the penalty 
 
 or imprisonment unless such warrant be issued. 
 
TITLE XXni.] AND ORDERS BY JUSTICES. 745 
 
 9. If where a summons has been issued, and upon the Chap. 103. 
 ■da}' and at the place therein appointed for the appearance justice may pro- 
 of the party summoned, the party fails to appear in summons^^luiy 
 ■obedience to the summons, then if it be proved upon oath served is not 
 or affirmation to the justice or justices present that a 
 summons was duly served upon the party a reasonable time 
 
 before the time appointed for his appearance the justice or 
 justices of tlie peace may proceed ex parte to the hearing 
 of the information or complaint, and adjudicate thereon as' 
 fully and effectually to all intents and purposes as if the 
 party had personally appeared before him or them in 
 •obedience to the summons. 
 
 10. Every virarrant to apprehend a defendant that he"*^"™"* *? ''? 
 
 / . r- L- 1 • J 1 11 1 1 under hand and 
 
 may answer to an iniormation or complaint shall be under seal; to whom di- 
 the hand and seal or hands and seals of the justice orto^eon'tS!^*''* 
 justices issuing the same, and may be directed to any one 
 or more or to all of the constables (or other peace officers) 
 of the territorial division within which it is to be executed, 
 or to such constable and all other constables in the terri- 
 torial division within which the justice or justices who 
 issued the warrant hath or have jurisdiction, or generally 
 to all the constables (or peace officers) within such territorial 
 division, and it shall state shortly the matter of the 
 information or complaint on which it is founded, and shall 
 name or otherwise describe the person against whom it has 
 been issued, and it shall order the constables (or other peace 
 ■officers) to whom it is directed to apprehend the defendant, 
 and to bring him before one or more justice or justices of 
 the peace of the same territorial division, as the case may 
 require, to answer to the information or complaint and to 
 be further dealt with according to law. 
 
 n. It shall not be necessary to make the warrant Duration of war- 
 Teturnable at any particular time, but the same may remain ^^"exeoutedr '° 
 in full force until executed ; and the warrant may be exe- 
 cuted by appi'ehending the defendant at any place in the 
 territorial division within which the justices who issued 
 the same have jurisdiction, or in case of fresh pursuit at 
 any place in the next adjoining territorial division within 
 seven miles of the border of the first mentioned territorial 
 division, without having the warrant backed as hereinafter 
 mentioned. 
 
 ]2. In all cases where the warrant is directed to all what officer may 
 •constables or peace officers in the territorial division within Xere!^ '*' *""* 
 which the justice or justices who issued the same have 
 jurisdiction, any constable or peace officer for any place 
 within the limits of the jurisdiction may execute the 
 warrant in like manner as if the warrant was diiected 
 .-specially to him by name, and notwithstanding that the 
 
746 SUMMARY CONVICTIONS [PART HE. 
 
 Chap. 103. place in which the warrant is executed be not within the- 
 " place for which he is a constable or peace officer. 
 
 Backing the war- 1,3. If any person against whom any warrant has been 
 jSiildiotionf'its issued be not found within the jurisdiction of the justice or 
 effect. justices by whom it was issued, or if he escapes into, or is,., 
 
 or is suspected to be in any place within the Province out 
 of the jurisdiction of the justice or justices who issued the 
 warrant, any justice of the peace within whose jurisdiction 
 such person may be or be suspected to be, upon proof upon 
 oath or affirmation of the handwriting of the justice or 
 justices issuing the warrant, may make an endorsement, 
 upon it, signed with his name, authorizing the execution of 
 the warrant within his jurisdiction ; and such endorsement 
 .shall be a sufficient authority to the person bringing th& 
 warrant, and to all other persons to whom it was originally 
 directed, and to all constables or other peace officers of the 
 territorial division wherein the endorsement has been 
 made, to execute the same in any place within the jurisdic- 
 tion of the justice of the peace endorsing the same, and to- 
 carry the offender or person named therein when appre- 
 hended before the justice or justices who first issued the- 
 warrant, or some other justice having the same jurisdiction. 
 No objection ai- 14 j^q objection shall be taken or allowed to any 
 
 lowed for want , -i p • ^ n n , i 1. i • 
 
 of form; but warrant issued as aroresaid for any alleged defect therein 
 
 adjournment in. ,. • 1^ e -i^ • l 1 
 
 certain cases; in suDstance or in torm, or tor any variance between it and 
 conditions.* ''''* ^^^ evidence adduced on the part of the informant or com- 
 plainant, but if it appears to the justice or justices present 
 and acting at the hearing that the party apprehended 
 under the warrant has been deceived or misled by any such 
 variance, such justice or justices may upon such terms as- 
 he or they think fit, adjourn the hearing of the case to some- 
 future day, and in the meantime commit (D) the defendant 
 to the common gaol or other prison or place of security 
 within the territorial division or place wherein the justice 
 or justices may be acting, or to such other custody as the 
 justice or justices think fit, or may discharge him upon hiS 
 entering into a recognizance (E), with or without surety or- 
 sureties, at the discretion of the justice or justices, condi- 
 tioned far his appearance at the time and place to which, 
 the hearing is so adjourned. 
 Where a defend- 15. In all cases whero a defendant is discharged upori 
 on recognizaroe, recoguizance and does not afterwards appear at the time- 
 pear, &a *" ''''■and place in the recognizance mentioned, the justice who 
 took the recognizance, or any justice or justices who may then 
 be present, having certified (F) upon the back of the recogni- 
 zance the non-appearance of the defendant may transmife- 
 such recognizance to the proper officer in the Province-- 
 appointed by law to receive the same, to be proceeded 
 
TITLE XXIII.] AND ORDERS BY JUSTICES. 747' 
 
 upon in like manner as other recognizance.s, and such Chap. 103.i 
 certificate shall be deemed sufficient priwd facie evidence 
 of the non-appearance of the said defendant, and the 
 justice or justices may issue his or their warrant for the 
 apprehension of the defendant on the information or 
 complaint. 
 
 16. In any information or complaint or proceedings ''^^^^''^ption ^^f 
 thereon, in which it is necessary to state the ownership of ners, municipal 
 
 111 -. . . n , .'■. . corporations, 
 
 any property belonging to or in possession of partners, joint sc.; in any 
 tenants, parceners, or tenants in common, it shall be suffi- j,"^p'^^*t°"or 
 cient to name one of such persons, and to state the property proceedings 
 to belong to the person so named, and another or others, as 
 the case may be ; and whenever in any information or com- 
 plaint, or the proceedings thereon, it is necessary to mention, 
 for any purpose whatsoever, any partners, joint tenants, 
 parceners or tenants in common, it shall be sufficient to 
 describe them in the manner aforesaid, and whenever in 
 any information or complaint, or the proceedings thereon, 
 it is necessary to describe the ownership of any work or 
 building made, maintained or repaired at the expense of the 
 corporation or inhabitants of any territorial division or 
 place, or of any materials for the making, altering or 
 repairing the same, they may be therein described as the 
 property of the inhabitants of such territorial division or 
 place. 
 
 17. If it be made to appear to any justice of the peace, summons toper 
 by the oath or affirmation of any credible person, that material^ e^-^ 
 any person within the jurisdiction of such justices is likely^™™' 
 
 to give material evidence on behalf of the prosecutor or 
 complainant or defendant, and will not voluntarily appear 
 as a witness at the time and place appointed for the hear- 
 ing of the information or complaint, the justice shall issue 
 his summons (G 1) to such person, requiring him to be and 
 appear at a time and place mentioned in the summons 
 before the said justice or any other justice or justices of 
 the peace for the territorial division who may then be 
 there, to testify what he knows concerning the information 
 or complaint. 
 
 18. If any person so summoned neglects or refuses to Warrant « such 
 
 i ii i.- 11 • i J u i.1, person fails to 
 
 appear at the time and place appointed by the summons appear, 
 and no just excuse be offered for such neglect or refusal, 
 then (after proof upon oath or affirmation of the summons 
 having been served upon him, either personally or by 
 leaving the same for him with some person at his last or 
 most usual place of abode) the justice or justices before 
 whom such 'person should have appeared may issue a 
 warrant (G 2) to bring and have such person at a time and 
 place to be therein mentioned before the justice who. issiied 
 
748 SUMMARY CONVICTIONS [PART III. 
 
 Chap. 103. the summons, or before any other justice or justices of the 
 "" peace for the same territorial division who may be then 
 
 there, to testify as aforesaid, and the said warrant may if 
 May be backed, necessary be backed as hereinbefore mentioned, in order to 
 
 its beinn; executed out of the jurisdiction of the justice who 
 
 issued the same. 
 
 Warrant in first 19. If the justice is Satisfied by evidence upon oath or 
 jnBtanoe. affirmation that it is probable that the person will not 
 
 attend to give evidence without being compelled so to do, 
 then instead of issuing a summons he may issue his war- 
 rant (G 3) in the first instance, and the warrant may, if 
 necessary, be backed as aforesaid. 
 
 Commitment for 20. If on the appearance of the person so summoned 
 evidence." ^™ before the last mentioned justice or justices, either in 
 obedience to the summons, or upon being brought before 
 him or them by virtue of the warrant, such person refuses 
 to be examined upon oath or affirmation concerning the 
 premises, or refuses to take an oath or affirmation, or hav- 
 ing taken the oath or affirmation refuses to answer such 
 questions concerning the premises as are then put to him, 
 ■without oflfering any just excuse for his refusal, any justice 
 of the peace then present, and having jurisdiction, may by 
 warrant (G 4) commit the person so refusing to the 
 common gaol or other prison for the territorial division 
 "where the person then is, there to remain and be imprisoned 
 for any time not exceeding ten days, unless in the 
 meantime he consents to be examined and to answer 
 concerning the premises. 
 
 Certain com- 21. In all cascs of complaiut upon which a justice or 
 
 not be^n writ- justiccs of the peace may make an order for the payment 
 
 Sng, &o. Qf money or otherwise, it shall not be necessary that such 
 
 complaint be in writing unless it be required to be so by 
 
 some particular Act or law upon which such complaint is 
 
 framed. 
 
 Certain van- 22. In all cases of informations for offences or acts 
 
 and**^ place,' be^ punishable upon summary con"viction, any variance between 
 
 tion™and"*e^-''' ^"''^ information and the evidence adduced in support 
 
 dence, not ma- thereof as to the time at which such offence or act is 
 
 alleged to have been committed, shall not be deemed 
 
 material, if it be proved that such information was in fact 
 
 laid within the time limited by law for laying the same ; 
 
 and any variance between the information and the evidence 
 
 adduced in support thereof as to the place in which the 
 
 offence or act is alleged to have been committed, shall not 
 
 be deemed material, if the offence or act be proved to have 
 
 been committed within the jurisdiction of the justice or 
 
 justices by whom the information is heard and determined. 
 
TITLE XXIII.] AND ORDERS BY JUSTICES. 74&' 
 
 23. If any such variance or any other variance Chap.. 103.. 
 between the information and the evidence adduced in sup- But « the de- 
 port thereof, appears to the iustice or iustices present and'^^'J™**"^''?.^" 
 
 ,. L ±1 1 • 11 IT 1 1 11 misled, justice- 
 
 acting at the hearing to be such that the party charged by may adjourn the 
 
 the information has been thereby deceived or misled, the what conditions!. 
 
 justice or justices, upon such terms as he or they think tit, 
 
 may adjourn the hearing of the case to some future day, 
 
 and in the meantime commit (D) the defendant to the 
 
 common gaol or other prison, or to such other custody as 
 
 the justice or justices think fit, or may discharge him upon 
 
 his entering into a recognizance (E), with or without 
 
 surety or sureties, at the discretion of the justice or 
 
 justices, conditioned for his appearance at the time and 
 
 place to which the hearing is adjourned. 
 
 24. In all cases where a defendant has been dis- Defendant bailed* 
 
 ■11 . I. . 1 1 1 , and not appear- 
 
 charged upon recognizance as aforesaid, and does noting at proper- 
 afterwards appear at the time and place in the recognizance'™^' 
 mentioned, the justice who took the recognizance, or any 
 other justice or justices who may then be there present, 
 having certified (F) upon the back of the recognizance 
 the. non-appearance of the defendant, may transmit the 
 recognizance to the proper officer in the Province appointed 
 by law to receive the same, to be proceeded upon in like 
 manner as other recognizances, and the certificate shall 
 be deemed sufficient primd facie evidence of the non- 
 appearance of the defendant. 
 
 25. All complaints upon which a iustice or iustices of complaints, eto.,, 
 
 ,1 j_i • 1 1 1 i 1 1 1 need not be on 
 
 the peace are authoiized by law to make an order, and oath.uniess spec; 
 all informations for any offence or act punishable upon'*"''^°P''°"'*^''* 
 summary conviction, unless some particular Act or law 
 otherwise requires, and except in cases where it is in this 
 Chapter otherwise provided, may respectively be made or 
 laid without any oath or affirmation as to the truth thereof. 
 
 26. But in all cases of informations, where the justice Except where 
 
 . . ■ • it. J.1 • T. * J.-L • warrant is is- ■ 
 
 or justices receiving the same thereupon issue his or their sued in the first 
 warrant in the first instance to apprehend the defendant, ™*™°*- 
 and in every case where the justice or justices issue his or 
 their warrant in the first instance, the matter of the 
 information shall be substantiated by the oath or affirma- 
 tion of the informant, or by some witness or witnesses on 
 his behalf, before the warrant shall be issued; and every conipiaintorin. 
 complaint shall be for one matter of complaint only, and for one matter 
 not for two or more matters of complaint, and every made by^attoi? 
 information shall be for one offence or act only, and not °^y- 
 for two or more offences or acts, and every complaint or 
 information may be laid or made by the complainant or 
 informant in person, or by his counsel or attorney, or other 
 person authorized in that behalf. 
 
750 SUMMARY CONVICTIONS [PART Uli 
 
 Chap. 103. 27. In all cases where no time is specially limited for 
 When no time making any complaint or laying any information in the 
 infection OT ^ct or law relating to the particular case, the complaint 
 complaint. shall be made and the information shall be laid within 
 three months from the time when the matter of the 
 complaint or information arose. 
 As to the hear- 28. Evcry complaint and information shall be heard, 
 andlnfomation. tried, determined and adjudged by one justice or two or 
 more justices of the peace, as may be directed by the Act 
 or law upon which the complaint or information is framed, 
 or by any other Act or law in that behalf. 
 If there be no 29. If there be no such direction in any Act or law, 
 Act. ' then the complaint or information may be heard, tried, 
 determined and adjudged bj' any one justice for the 
 •territorial division where the matter of the complaint or 
 information arose. 
 To be deemed an 30. The room or place in which the justice or justices 
 sit to hear and try any complaint or information shall be 
 deemed an open and public court, to which the public 
 generally may have access, so far as the same can con- 
 veniently contain them. 
 Defendant may 31. The party against whom the complaint is made or 
 fence, and pro- information laid shall be admitted to make his full answer 
 duce witnesses. ^^^ defence thereto, and to give evidence and have the 
 witnesses examined and cross-examined by counsel or 
 attorney on his behalf. 
 Prosecutor may 32. Everv Complainant or informant in any such case 
 
 be heard by-,,, ti i i i. ... 
 
 counsel or at- Shall 06 at liberty to conduct the complaint or information, 
 °™^''' and to have the witnesses examined and cross-examined by 
 
 counsel or attorney on his behalf, provided that no such 
 informant or complainant to whom any portion of the 
 penalty or fine is by law made payable, shall be competent 
 to give evidence on the trial of the information or 
 complaint, unless before being sworn he shall in open court 
 renounce all claim to such fine or penalty, in which case no 
 part thereof if recovered shall be paid to said informant or 
 complainant. 
 
 In case the de- 33. If on the day and at the place appointed by the 
 
 tendant does not . , .■' ,i, .^. ,^^'- , . . 
 
 appear summons lor hearing and determining the complaint or 
 
 information, the defendant against whom the same has 
 
 been made or laid does not appear when called, the 
 
 constable or other person who served him with the summons 
 
 shall declare upon oath in what manner he served the 
 
 Praceeding ea;summons ; and if it appear to the satisfaction of the justice 
 
 rant ' and ™di or justices that he duly served the summons, then the 
 
 journment. justice Or justiccs may proceed to hear and determine the 
 
 case in the absence of the defendant, or the justice or 
 
 justices, upon the non-appearance of the defendant, may, if 
 
•TITLE XXIII.J AND ORDERS BT JUSTICES. 751 
 
 he or they think fit, issue his or their warrant in manner Chap. 103, 
 hereinbefore directed, and shall adjourn the hearing of the 
 complaint or information until the defendant is appre- 
 hended. 
 
 34. When the defendant has been apprehended under when defendant 
 the warrant, he shall be brought before the same justice or h^drf!"etcT''" 
 justices or some other justice or justices of the peace for 
 
 the same territorial division, who shall thereupon either by 
 his or their warrant (H) commit the defendant to the 
 
 ■common gaol or other prison, or if he or they think fit 
 vetbally to the custody of the constable or other person 
 who apprehended him, or to such other safe custody as he 
 or they deem fit, and may order the defendant to be 
 brought up at a certain time and place before him or them, 
 of which order the complainant or informant shall have^™"*'- 
 
 -;due notice, but no committal under this section shall be for 
 more than one week. 
 
 35. If upon the day and at the place so appointed, then defendant ap- 
 ■defendant appears voluntarilj'^ in obedience to the summons thelompiainant 
 in that behalf served upon him, or is brought before the^^l^ "°^j. ^^; 
 
 justice or justices by virtue of a warrant, then if the ""Jjoumment on 
 complainant or informant, having had due notice, does jjq^ '■^''"srnizanoe. 
 appear by himself, his counsel or attorney, the justice or 
 justices shall dismiss the complaint or information, unless 
 for some reason he or they think proper to adiourn the 
 hearing of the same until some other day, upon such terms 
 as he or they think fit, in which case the justice or justices 
 may commit (D) the defendant in the meantime to the 
 ■common gaol or other prison, or to such other custody as 
 he or they think fit, or may discharge him upon his entering 
 linto a recognizance (E) with or without surety or sureties, 
 at the discretion of the justice or justices, conditioned for 
 his appearance at the time and place to which such hearing 
 may be adjourned. 
 
 36. If the defendant does not afterwards appear at the" defendant at- 
 
 , .,.,. , 1 1 terwards fails to 
 
 time and place mentioned in his recognizance, then the appear, etc. 
 justice who took the recognizance, or any justice or justices 
 then and there present, having certified (F) on the back of 
 •the recognizance the non-appearance of the defendant, may 
 itransmit the recognizance to the proper officer appointed to 
 receive the same, to be proceeded upon in like manner as 
 other recognizances, and such certificate shall be deemed 
 iSufficient primd facie evidence of the non-appearance of 
 the defendant. 
 
 37. If both parties appear, either personally or by if both parties 
 their respective counsel or attorne3's, before the justice or"^^^*'^* 
 justices who are to hear and determine the complaint or 
 
752 SUMMARY CONVICTIONS [PART III, 
 
 Chap. 103. information, then the said justice or justices shall proceed 
 
 to hear and determine the same. 
 Proceedings on 38. In case the defendant be present at the hearing, 
 eanng. ^^^ substance of the information or complaint shall bfr 
 stated to him, and he shall be asked if he has any cause to 
 shew why he should not be convicted, or why an order 
 should not be made against him, as the case may be. 
 Justice may con- 39. If he thereupon admits the truth of the information- 
 jendant 'admits or Complaint, and shews no sufficient cause why he should 
 the truth. ^q^. ^^ convicted, or why an order should not be made- 
 against him, as the case may be, the justice or justices- 
 present at the hearing shall convict bim or make an order 
 against him accordingly. 
 
 ^mitthrtruth* ^^' ^^ ^® ^°^^ "°* admit the truth of the information 
 &c., examina'-or complaiut, the justice or justices shall proceed to hear 
 bon of witnesses, ^j^g prosecutor or Complainant and such witnesses as he- 
 may examine, and such other evidence as he may adduce in 
 support of his information or complaint, and shall also hear 
 the defendant and such witnesses as he may examine,' and 
 such other evidence as he may adduce in his defence, and 
 also hear such other witnesses as the prosecutor or 
 complainant may examine in reply, if such defendant has 
 examined any witnesses or given any evidence other than 
 as to his (the defendant's) general character. 
 As to observa- 41. The prosccutor or complainant shall not be entitled 
 
 tions by either , », . .', , ., 
 
 party. to make any observations in reply upon the evidence 
 
 given by the defendant, nor shall the defendant be entitled 
 to make any observations in reply upon the evidence given- 
 by the prosecutor or complainant in reply. 
 
 Decision of the 42. The justicc or justices, having heard what each 
 party has to say, and the witnesses and evidence adduced,, 
 shall consider the whole matter, and unless otherwise 
 provided determine the same, and convict or make an 
 order upon the defendant, or dismiss the information or 
 complaint, as the case may be. 
 
 Minute of con- 43. If he or they convict or make an order against thfr 
 
 m?d'e." *° ''' defendant, a minute or memorandum thereof shall then be 
 made, for which no fee shall be paid, and the conviction 
 (I 1, 2, 3) or order (K 1, 2, 3) shall afterwards be drawn up- 
 by the justice or justices in proper form, under his or their 
 hand and seal or hands and seals. 
 
 Certificate if he 44. If the justice Or justices dismiss the information 
 
 dismiss the com- i • i. i ii i . t i 
 
 plaint, &c. or Complaint, be or they may, when required so to do, 
 make an order of dismissal of the same (L) and shall giva 
 the defendant a certificate thereof (M), which certificate 
 upon being afterwards produced shall without further 
 proof be a bar to any subsequent information or complaint 
 for the same matter against the same party. 
 
TITLE XXIII.] AND ORDERS BY JUSTICES. 758 
 
 45. If the information or complaint in any case Chap. 103. 
 negatives any exemption, exception, proviso, oi" condition n information or 
 in the statute on which the same is framed, it shall not be trvTiny exempt 
 necessary for the prosecutor or complainant to prove such won. *c. 
 negative, hut the defendant may prove the affirmative 
 
 thereof in his defence, if he would have advantage of the 
 same. 
 
 46. Every prosecutor of any information not having Pfssrators and 
 
 • . I'l 1 T !• complainanta in 
 
 any pecuniary interest in the result, and every complainant certain cases to 
 in any complaint, whatever his interest may be in the^ttneaSr*™nd 
 result of the same, shall be a competent witness to support ^^j™'^^'' "p°" 
 such information or complaint ; and every witness at any 
 hearing shall be examined upon oath or affirmation, and 
 the justice or justices before whom any witness appears for 
 the purpose of being examined shall have full power and 
 authority to administer to every witness the usual oath or 
 affirmation : provided that no prosecutor shall be deemed proviso, 
 incompetent as a witness on the ground only that he may 
 be liable to costs. 
 
 47. Before or during the hearing of any information justice may ad- 
 or complaint, any one justice or the justices present may in ^ny™ c^e^and 
 his or their discretion adjourn the hearinj; of the same to a""""™" J^'ll*- 
 
 , . •' . . =3 ^ ant or suffer him 
 
 certain time and place to be then appointed and stated in to go at large on 
 the presence and hearing of the party or parties, or of their '^°°8;'"'"'"°^- 
 respective attorneys or agents then present, and in the 
 meantime the justice or justices maj' suffer the defendant 
 to go at large or may commit (D) him to the common gaol Proviso. 
 or other prison, within the territorial division for which 
 the justice or justices are then acting, or to such other safe 
 custody as the justice or justices think fit, or may discharge 
 the defendant upon his recognizance (Ej, with or without 
 sureties at the discretion of the justice or justices, 
 conditioned for his appearance at the time and place to 
 which such hearing or further hearing is adjourned, but no 
 such adjournment shall be for more than one week. 
 
 48. If at the time and place to which the hearing or" defendant or 
 further hearing has been adjourned, either or both of the no? appear, the 
 parties do not appear personally or by his or their counsel SeMb'ehS 
 or attorneys respectively, before the justice or justices or 
 
 such other justice or justices as may then be there, the 
 justice or justices then there present may proceed to the 
 hearing or further hearing as if the party or parties were 
 present. 
 
 49. If the prosecutor or complainant do not appear n the prosecutor 
 the justice or justices may dismiss the information with or °°' "o' appear. 
 without costs, as to him or them seems fit. 
 
 49 
 
754 SUMMARY CONVICTIONS [pART III. 
 
 Chap. 103. 50. In all cases when a defendant is discharged upon 
 
 If defendant fails his recogrfizance, and does not afterwards appear at the 
 
 tore-appear, &o.tJmg a,nd place mentioned in the recognizance, the justice 
 
 or justices who took the recognizance, or any other justice 
 
 or justices who may then be there present, "having certified 
 
 (F) on the back of the recognizance the non-appearance of 
 
 the accused party, may transmit such recognizance to the 
 
 proper officer appointed to receive the same by the laws of 
 
 the Province, to be proceeded upon in like manner as other 
 
 recognizances, and such certificate shall he deemed sufficient 
 
 primd facie evidence of the non-appearance of the 
 
 defendant. 
 
 ^rm of oonvio- 51. In all cases of conviction where no particular form 
 
 as in schedule of conviction is given by the Act or law creating the 
 
 S''|iven"°in'a™ ofieuce or regulating the prosecution for the same, and in 
 
 future statute. g\\ cases of couviction upon Acts or laws hitherto passed, 
 
 whether any particular form of conviction has been therein 
 
 given or not, the justice or justices who convict may draw 
 
 up his or their conviction on parchment or on paper in 
 
 such one of the forms of conviction (I 1, 2, 3) as may be 
 
 applicable to the case, or to the like, effect. 
 
 By-law of any (1.) Where a conviction is made under or in pursuance 
 
 incorporated ' of any by-Iaw of any municipality or incorporated town, 
 
 setouunconv^ it shall not be necessary in the conviction, warrant or other 
 
 tion. process to set out the by-law under which such conviction 
 
 is made, but the offence or act punishable under such 
 
 by-law and far which such conviction is made shall be 
 
 clearly stated. 
 
 Where no special 52. In case an Order be made, and no particular form 
 
 form of order is p -. . , . i . , i . . , . 
 
 so given, form in O't Order IS given D^y the Act or law giving authority to 
 adopted! ™^^ ^' make sucli Order, and in all cases of orders made under the 
 authority of any Acts or laws hitherto passed, whether any 
 particular form of order is therein given or not, the justice 
 or justices by whom the order is made may draw up 
 the same in such one of the forms of orders (K 1, 2, .3) as 
 may be applicable to the case, or to the like effect. 
 
 ferved^^th'oo^ . ^^- "'•" *'' ^'^^^ wbcn by any Act or law authority is 
 of the minute be- given to commit a person to prison, or to levy any sum 
 commitment "upou his goods or chattels by distress, for not obeying an 
 order of a justice or justices, the defendant shall be served 
 with a copy of the minute of the order before any warrant 
 of commitment or of distress is issued in that behalf, and 
 the order or minute shall not tonm' any part of the warrant 
 of commitment or of distress. 
 
 award'costs^ot ^*- ^^ ^^^ ^ases of Summary conviction or of orders 
 
 th?'"fieB™estab' ™^'^.® ^^ ^ justice or justices of the peace, the justice or 
 
 lished by law."* justiccs making the same may in his or their discretion 
 
 award and order in and by the conviction or order that the 
 
TlTLte Xilll.] AlTD ORDERS BY JUSTICES. Y55 
 
 xiefendant shall pay to the prosecutor or complainant such CttAP. 103. 
 ■costs as to the said justice or justices seem reasonable in 
 that behalf, and not inconsistent with the fees established 
 by law to be taken on proceedings had by and befote 
 justices of the peace. 
 
 55. In cases where the Justice or Justices instead of costs may be 
 
 .^. ,. iT-.i-p • awarded to dc- 
 
 •convicting or making an order dismiss the inrormation or (endant when 
 ■complaint, he or they in his or their discretion may., in androfsser*^ '' '*''■ 
 by his or their order of dismissal, award and order that the 
 prosecutor or complainant shall pay to the defendant such 
 'Costs as to the said justice or Justices seem reasonable and 
 'consistent with law. 
 
 56. The sums so allowed for costs shall in all cases be costs so allowed 
 specified in the conviction or order, or order of dismissal,!^. ° '^'°'' 
 and the same shall be recoverable in the same manner and 
 
 under the same warrants as any penalty adjudged to be 
 paid by the conviction or order is to be recovered. 
 
 57. In cases where there is no such penalty to be And may be re- 
 recovered, such costs shall be recoverable by distress andtreM^ '' 
 "sale of the gcKsds and chattels of the partj', and in default 
 
 of distress by imprisonment with or without hard labor 
 for any time not exceeding one month, unless the costs be 
 sooner paid. 
 
 58. Where a 'conviction adjudges a pecuniary penalty justices may is- 
 >or compentiation to be paid, or where an order requires the^'i'^j^*''™"'^^"' 
 payment of a sum of money, and by the Act or law where a peooni- 
 authorizing such conviction or order the penalty, compen-hS^™ee/' ^- 
 sation or Sum of money is to be levied upon the goods and^"*^^***" 
 ■chattels of the defendant by distress and sale thereof; and 
 
 «,lso in cases where by the Act ot law in that behalf no 
 mode of raising or levying the penalty, compensation or 
 ■sum of money^ or of enforcing the payment of the same, is 
 ■ stated or provided, the justice or any one of the justices 
 making such eonviction or order, or any justice of the 
 peace for the same territorial division, may issue his 
 warrant of distress (N 1, 2) for the purpose of levying the 
 same, which wairant of distress shall be in writing under 
 the hand and seal of the justice making the same. 
 
 59. If after delivery of the warrant of distress to the in certain oases 
 'constable or constables to whom the same has been directed b*o,J^3*j"r''^^''g* 
 to be executed, sufficient distress cannot be found within outjon in another 
 
 ... o 1 ..... n ,1 • . • J • 1 junsdiction. 
 
 the limits of the jurisdrction of the justice granting the 
 warrant, then upon proof being made upon oath or 
 affirmation of the handwriting of the justice granting the 
 warrant before any justice of any other territorial division, 
 such justice shall thereupon make an endorsement (N 3) 
 on the warrant, signed with his hand, authorizing the 
 ■execution of the warrant within the limits of his jurisdiction. 
 
756 SUMMARY CONVICTION'S [PABT HI. 
 
 Chap. 103. by virtue of which warrant and endorsement the penalty 
 
 or sum and costs, or so much thereof as may not have 
 
 been before levied or paid, shall be levied by the person 
 
 bringing the warrant, or by the person or persons to whom 
 
 the warrant was originally directed, or by anj- constable or 
 
 other peace officer of the last mentioned territorial division, 
 
 by distress and sale of the goods and chattels of the 
 
 defendant therein. 
 
 )^hen the issu- (jQ. Whenever it appears to any justice of the peace to 
 
 would be rain- whom application is made for any warrant of distress that 
 
 ant, or there^are the issuing thereof woiild bc ruinous to the defendant and 
 
 may°°eo'mmit'''' ^'•'^ family, or whenever it appears to the justice, by the 
 
 h*m. confession of the defendant or otherwise, that he hath no 
 
 goods and chattels whereon to levy such distress, then the 
 
 justice, if he deems it fit, instead of issuing a warrant of 
 
 distress may (0 1, 2) commit the defendant to the common 
 
 gaol or other prison in the territorial division, there to be 
 
 imprisoned with or without hard labor for the time and 
 
 in the manner the defendant could by law be committed in 
 
 case such warrant of distress had issued, and no goods or 
 
 chattels had been found whereon to levy the penalty or 
 
 sum and costs. 
 
 When distress is 61. In all such cases where a justice of the peace 
 
 issued, defend- • i. c f ^ i rf»,iTiii. 
 
 ant may be bail- iRSues any Warrant or distress he may suiter the defendant 
 
 Snti]"'it''''is^'"re'5 to go at large, or verbally or by a written warrant in that 
 
 turned. behalf, may order the defendant to be kept and detained in 
 
 safe custody until return has been made to the warrant of 
 
 distress, unless the defendant gives sufficient security, by 
 
 recognizance or otherwise, to the satisfaction of the justice, 
 
 for his appearance before him at the time and place 
 
 appointed for the return of the warrant of distress, or 
 
 before such other justice or justices for the same territorial 
 
 division as may then be there. 
 
 ifdejendantdoes 62. In all such cascs where a defendant eives securitv 
 
 not afterwards . . -, t , p, t . 
 
 appear, the re- by recognizancc, and does not afterwards appear at the 
 to^certifled and time and place in the said recognizance mentioned, the 
 
 the^Tro'w offi^J'^^''''^® ^^° ^^'''^ *'^® Same, or any justice or justices who 
 cer. may then be there present, upon certifying (F) on the back 
 
 of the recognizance the non-appearance of the defendant, 
 may transmit the recognizance to the proper officer 
 appointed by law to receive the same, to be proceeded upon 
 in like manner as other recognizances, and such certificate 
 shall be deemed sufficient primd facie evidence of the 
 non-appearance of the defendant. 
 
 ficient°'"distrls'' ^^' ^^ ^^ "^® *"™® ^""^ ]p\ace appointed for the return of 
 
 justice may com- any Warrant of distress, the constable who has had the 
 
 nut d_efeadant to execution of the same, returns (N 4) that he could find no 
 
 goods or chattels whereon he could levy the sum or 
 
TITLE XXIII.] AND ORDERS BY JUSTICES. 757 
 
 sums therein mentioned, together with the costs of or Chap. 103. 
 
 occasioned bj' the levy of the same, the justice of the 
 
 peace before whom the same is returned may issue his 
 
 warrant of commitment (N 5) directed to the same or any 
 
 other constable, reciting the conviction or order shortly, 
 
 the issuing of the warrant of distress, and the return 
 
 thereto, and requiring the constable to convey the defendant 
 
 to the common gaol or other prison of the territorial 
 
 division for which the justice is then acting, and there to 
 
 deliver him to the keeper thereof, and requiring the keeper 
 
 to receive the defendant into such gaol or prison and there 
 
 to imprison him, or to imprison him and keep him to hard 
 
 labor in the manner and for the time directed by the Act 
 
 or law on which the conviction or order mentioned in the 
 
 warrant of distress is founded, unless the sum or sums 
 
 adjudged to be paid, and all costs and charges of the 
 
 distress, and also the costs and charges of the commitment 
 
 and convej'ing of the defendant to prison, if such justice 
 
 thinks fit so to order (the amount thereof being ascertained 
 
 and stated in such commitment), be sooner paid ; but if no Proviso. 
 
 term of imprisonment be specified in the Act or law, the Term limited. 
 
 period for which the justice shall order the defendant to 
 
 be so imprisoned shall not exceed three months. 
 
 64>. Where a justice or justices of the peace upon imprisonment 
 
 • £ ,• 1'j.Tj j*j J.1 for a subsequent 
 
 any inrormation or complaint adjudges or adjudge theoffenoe to com- 
 defendant to be imprisoned, and the defendant is then in ™on of thatXrli 
 prison undergoing imprisonment upon conviction for any previous offence. 
 other offence or act, the warrant of commitment for the 
 subsequent offence shall be forthwith delivered to the 
 gaoler or other officer to whom it is directed, and the 
 justice or justices who issued the same if he or they think 
 fit may award and order therein that the imprisonment 
 for the subsequent offence shall commence at the expiration 
 of the imprisonment to which the defendant was previ- 
 ously sentenced. 
 
 65. When any information or complaint is dismissed if information be 
 with costs, the sum awarded for costs in the order f or ^'™"^e"J^coTCr- 
 dismissal may be levied by distress (Q 1) on the goods «* ^y distress on 
 and chattels of the prosecutor or complainant in the 
 manner aforesaid ; and in default of distress or payment 
 the prosecutor or complainant may be committed (Q 2) to 
 the common gaol or other prison in manner aforesaid for 
 any time not exceeding one month, unless such sum and 
 all costs and charges of the distress, and of the commitment 
 and conveying of the prosecutor or complainant to prison 
 (the amount thereof being ascertained and stated in the 
 commitment), be sooner paid. 
 
738; StXMMART CONVICTIONS [PART IH^ 
 
 Chap. IGS. 6<5. Fnless it be otherwise provided in any special Act 
 
 Appeal to coun- Under whuih a conviction takes place or an order is made. 
 
 othSrife ""'to- ^y ^ j'Ustice or justices of the peace, any person who thinks. 
 
 vided. himself aggrieved by any such conviction or order may 
 
 appeal to the County Court of the district where the cause 
 
 of the information or complaint arose. Every right of 
 
 appeal shall unless it be otherwise provided in any special 
 
 Act be subject to the conditions following ^ 
 
 Appeal to next (L) If the coHvictioH or order be made more than 
 
 ^™- twelve days before the next ensuing term of the court to. 
 
 which the appeal is given, such appeal shall be made to. 
 
 Appeal to second the then ncxt term of the court; but if the conviction or 
 
 aex erm. q^^qj be made within twelve days of the term of such 
 
 court next ensuing, then to the second term next after 
 
 such conviction or order. 
 
 Notice of appeal. (2..) The pcrson aggrieved shall give to the. prosecutor 
 
 OF complainant, or to the convicting justice or one of the 
 
 convicting justices for him, a notice in writing of such 
 
 appeal within four days after such conviction or order. 
 
 Person aggriey- (3.) The person aggrieved shall either remain in custody 
 
 eustody, or tountil the holding of the court to which the appeal is given, 
 
 So^SoI^'^o'' shall enter into a recognizance with two sufficient 
 
 sureties, before a j''ustiee or justices of the peace, conditioned 
 
 personally to appear at the said court, and to try such 
 
 appeal, and to abide the judgment of the court thereupon,, 
 
 and to pay such costs as shall by the court be awarded, op 
 
 if the appeal be against any conviction or order whereby 
 
 Deposit of mo- only a penalty or sum of money is adjudged ta he paid,. 
 
 lecegSzanee. ° the persou aggrieved may (although the order direct 
 
 imprisonment in default of payment) instead of remaining 
 
 in eustody as aforesaid^ or giving such recognisance as, 
 
 aforesaid, deposit with the j.ustic6 or justices convicting or 
 
 making the order such sum of money as such justice or 
 
 j.ustices deem sufficient to cover the sum so adjudged to be- 
 
 paid, together with the costs of the conviction or order^ 
 
 and the costs of the appeal ; and upon such recognizance 
 
 being given or such deposit mad© the jfustice or justices 
 
 before whom such recognizance is entered into or deposit 
 
 made shall liberate sueh person if in custody^ 
 
 Proceedings in (4.) And the court to which such appeal is made shall 
 °'^''^*' thereupon hear and determine the matter of appeal, and 
 make such order therein, with or without costs to either 
 party, including costs of the coart below,, as to, the court 
 seems meet ; and in case of the dismissal of tho appeal, or 
 the affirmation of the conviction or order, .shall order and 
 adjudge the offender or person convicted to be punished 
 according to the conviction, or the defendant to pay the- 
 amount adjudged by the said order, aad to pay such CQ&ta 
 
TITLE XXIII.] AND ORDERS BY JUSTICES. 759 
 
 as may be awarded ; and shall if necessary issue process Chap. 103. 
 
 for enforcing the judgment of the court ; and in any ease 
 
 where after such deposit has been made as aforesaid the 
 
 conviction or order is affirmed, the court may order the 
 
 sum thereby adjudged to be paid, together with the costs 
 
 of the conviction or order and the costs of the appeal, to 
 
 be paid out of the money deposited, and the residue if any 
 
 to be re-paid to the defendant ; and in any case where after 
 
 any such deposit the conviction or order is quashed, the 
 
 court shall order the money to be re-paid to the defendant, 
 
 and the said court shall have power if necessary from 
 
 time to time, by order endorsed on the conviction or order, 
 
 to adjourn the hearing of the appeal from one term to 
 
 another or others of the said court. 
 
 (5.) In every case where any conviction or order is Endorsement <a 
 quashed on appeal as aforesaid, the clerk of the court shall ^otion^or"order 
 forthwith endorse on the conviction or order, a memorandum quashed on ap- 
 
 ., .., ji 11 11 P*"'' sufficient 
 
 that the same has been quashed; and whenever any copy evidence thereot 
 
 ,' t» J.B1 •!• 1' 1 In all courts. 
 
 or certificate of such conviction or order is made, a copy 
 of such memorandum shall be added thereto, and shall 
 when certified under the hand of the clerk of the court be 
 tsufficient evidence in all courts and for all purposes that 
 the conviction or order has been quashed. 
 
 67. When an appeal has been lodged in due form and court appealed 
 in compliance with .the requirements of this Chapter, a°jSytG™^°'Sie 
 against any summary conviction or decision, the court"^' " 
 appealed to may, at the request of either appellant or 
 respondent, empanel a jury to try the facts of the case, 
 
 and shall administer to such jury the following oath : — 
 
 "You shall well and truly try the facts in dispute in oath of juror, 
 the matter of A. B., (the informant) against C D., (the 
 defendant), and a true verdict give according to the 
 evidence. So help you God." 
 
 And the court on the finding of the jury shall give such Judgment, 
 judgment as the law requires ; and if a jury be not so 
 demanded, the court shall try and be the absolute judges 
 as well of the fact as of the law in respect to such 
 conviction or decision ; and any of the parties to the appeal Proviso as to 
 may call witnesses and adduce evidence who or which may *"''*'""'■ 
 not have been called or adduced at the original hearing. 
 
 68. No judgment shall be given in favor of the Appeal not to be 
 appellant if the appeal is based on an objection to any deilot^ln* tOTm 
 information, complaint or summons, or to any warrant tOj^Jt^fsTmewlIs 
 apprehend a defendant issued upon any such information, J^jeeted to be- 
 
 1 • i e 11 J J r i XI. • • 'ore the ]ustioe, 
 
 complaint or summons, tor any alleged detect therein in and he refused 
 substance or in form, or for any variance between such caset &o"" * ° 
 information, complaint, summons or warrant and the 
 evjdepce 3.ddiiced in support thereof at the hearing of such 
 
 , case. 
 
760 SUMMARY CONVICTIONS [l^AET III. 
 
 Chap. 103. information or complaint, — unless it shall be proved before 
 the court hearing the appeal that such objection was made 
 before the justice or justices of the peace before whom the 
 case was tried and by whom such conviction, judgment or 
 decision was given, — nor unless it is proved that notwith- 
 standing it was shewn to such justice or justices of the 
 peace that by such variance the person summoned and 
 appearing or apprehended, had been deceived or misled, 
 such justice or justices refused to adjourn the hearing of 
 the case to some further day, as provided by this Chapter. 
 DeciBion to be 69. In all cases of appeal from any summary conviction 
 merits, notwith^or Order had or made before any justice or justices of the 
 oMoSf iif^on* peace, the court to which such appeal is made shall hear 
 viction, which and determine the charge or complaint on which such 
 ed. conviction or order has been had or made, upon the merits, 
 
 notwithstanding any defect of form or otherwise in such 
 conviction or t)vder ; and if the person charged or 
 complained against is found guilt3' the conviction or order 
 shall be affirmed and the court shall amend the same if 
 necessary, and any conviction or order so affirmed or 
 affirmed and amended shall be enforced in the same manner 
 as convictions or orders affirmed in appeal. 
 H appeal is aban- 70. And for the more effective prevention of frivolous 
 tice^given.^costs appeals, the court or judge to whom an appeal is made, 
 to be recovered, upon proof of notice of the appeal to such court having 
 been given to the person entitled to receive the same, 
 though such appeal was not afterwards prosecuted or 
 entered, may if such appeal has not been abandoned 
 according to law, at the same court for which such notice 
 was given, order to the party or parties receiving the same 
 such costs and charges as by the said court or judge may 
 be thought reasonable and just, to be paid by the party or 
 parties giving such notice, such costs to be recoverable in 
 the manner provided by this Chapter for the recovery of 
 costs upon an appeal against an order or conviction. 
 ProcecdinRB aj- 71. In case an appeal against any conviction or order 
 er appe . y^^ dccidcd in favor of the re.spondents, the justice or justices 
 who made the conviction or order, or any other justice of 
 the peace for the same territorial division, may issue the 
 warrant of distress or commitment for execution of the 
 same, as if no appeal had been brought. 
 No certwrari, 72. No conviction or order affirmed or affirmed and 
 amended on appeal shall be quashed for want of form or 
 be removed by certiorari into the Supreme or County 
 Court ; and no warrant of commitment shall be held void 
 by reason of any defect therein, provided it be therein 
 alleged that the party has been convicted and there be a 
 good and valid conviction to su&tain the same. 
 
TITLE XXIII.] AND ORDERS BY JUSTICES. 761 
 
 73. Every justice of the peace before whom any Chap. 103. 
 person shall be summarily convicted of any act or offence justice oonviot- 
 by virtue of this Chapter, shall transmit the conviction toj,^|*?,[?*n.™"'^ 
 the County Court of the county where the cause of the 
 information or complaint arose, before the time when an 
 
 appeal from such conviction could be heard, there to be 
 
 kept by the proper officer among the records of the court ; 
 
 and if such conviction has been appealed against, and a And the deposit 
 
 deposit of money made, shall return the deposit into the '"°"''*'' ' ''"^' 
 
 said court ; and upon any information against any person 
 
 for a subsequent act or offence, a copy of such conviction, 
 
 certified by the proper officer of the court, or proved to be 
 
 a true copy, shall be sufficient evidence to prove a conviction 
 
 for the former act or offence, and the conviction shall be certificate of 
 
 presumed to have been unappealed against until the 
 
 contrary be shewn. 
 
 74. In all cases where it appears by the conviction Effect of convic- 
 that the defendant has appeared and pleaded and thepeai. ' "° *'' 
 merits have been tried, and that the defendant has not 
 appealed against the conviction where an appeal is allowed, 
 
 or if appealed against the conviction has been affirmed, 
 such conviction shall not afterwards be set aside or vacated 
 in consequence of any defect of form whatever, but the 
 construction shall be such a fair and liberal construction as 
 will be agreeable to the justice of the case. 
 
 75. If upon any appeal the court trying the appeal To whom costs 
 orders either partj' to pay costs, the order shall direct the ° ^^^^^ 
 costs to be paid to the clerk of the court, to be by him 
 
 paid over to the party entitled to the same, and shall state 
 within what time the costs shall be paid. 
 
 76. If the same be not paid within the time so limited, Enforcement of 
 and the party ordered to pay the same has not been bound ^'^'™™ ' 
 
 by any recognizance conditioned to pay such costs, the 
 
 clerk of the court or his deputy, on application of the party 
 
 entitled to the costs or of any person on his behalf, and on 
 
 payment of any fee to which he may be entitled, shall 
 
 grant to the party so applying a certificate (R) that the 
 
 costs have not been paid, and upon production of the 
 
 certificate to any justice or justices of the peace for the 
 
 same territorial division, he or they may enforce the By distress or 
 
 payment of the costs by warrant of distress (S 1) in ^p™™"'^"*- 
 
 manner aforesaid, and in default of distress he or they may 
 
 commit (S 2) the party against whom the warrant has 
 
 issued in manner hereinbefore mentioned for any time not 
 
 exceeding two months, unless the amount of the costs and 
 
 all costs and charges of the distress and also the costs of 
 
 the commitment and conveying of the party to prison, if 
 
 the justice or justices think fit so to order (the amount 
 
762 
 
 SUMMABT CONVICTIONS 
 
 [PAET m. 
 
 Chap. 103. thereof being ascertained and stated in the commitment), 
 be sooner paid. 
 
 Justices to make 77. Every justicc of the peace shall make a return in 
 cou"ndi of au writing under his hand of all convictions made by him to 
 ^°°™*^°"^ '"■'the next ensuing meeting of the municipal council for the 
 district or county in which such conviction takes place, 
 and of the receipt and application by him of the moneys 
 received from the defendants (and in the case of any 
 convictions before two or more justices, such justices, 
 being present and joining therein, shall make a joint 
 return thereof) in the following form : — 
 
 Return of Convictions made by me (or, us, as the case may 
 be) in the month of , 18^ — . 
 
 51 
 
 1 
 
 •s 
 
 1^ 
 
 a 
 v 
 
 « 
 
 ii 
 
 •g 
 ■s 
 
 ■3 
 
 1 
 
 c 
 .2 
 
 '> 
 
 § 
 
 o 
 
 o 
 Q 
 
 1 
 "> 
 
 § 
 
 Is 
 
 1- 
 
 l6 
 
 ^ a, 
 O B 
 
 S " 
 
 £ 
 
 o 
 
 If not paid, why not, and gsseral 
 obserrationa, if anj. 
 
 
 
 
 
 
 A. B., Convicting Justice, 
 
 or 
 
 Eeturn of sub- 
 Sequent receipts, 
 
 A. B. and C. D., Convicting Justices, (as the case may he.} 
 
 78. And any justice or. justices to whom any such 
 moneys may be afterwards paid, shall make a return of 
 the receipts and application thereof to the next meeting of 
 the municipal council as aforesaid, which return shalt be 
 filed by the clerk of the municipality wjth the records of 
 his office. 
 
TITLE XXinJ AND OHDERS BT JUSTICES. 768 
 
 79. In case the justice or justices before whom any Ohap . 103. 
 such conviction takes place or who receives any such penalty on jus- 
 moneys, neglect or refuse to make such return thereof, or^J^^^ff^g^^^^Jo 
 in case any such justice or justices wilfully make a false, <=<""?•? with the 
 
 ,• T . ■' , , '' .,. Ti "^ . 1 ' provisions of thia 
 
 partial or incorrect return, or wilfully receive a larger Chapter as to r«, 
 amount of fees than by law they are authorized to receive, *"™^' *^' 
 such justice or justices, so neglecting, or refusing, or 
 wilfully making such false, partial or incorrect return, or 
 wilfully receiving a larger amount of fees as aforesaid, shall 
 forfeit and pay the sum of eighty dollars, together with 
 full costs of suit, to be recovered by any person suing for 
 the same by action of debt or information in any court of 
 record in the Province in which such return ought to have 
 been or is tnade,— one moiety whereof shall be paid to the 
 party suing, and the other moiety into the hands of the Pro- 
 vincial Secretary to and for the public uses of the Province. 
 
 80. All prosecutions for penalties arising under the Actions for suoh 
 
 - f;, . ,. "^ .. 1 11 1 ° , penalties hmited 
 
 provisions or the next preceding section shall be commenced to six montua 
 
 within six months next after the cause of action accrues, *"" °''™*" 
 
 and the same shall be tried in the district, county or place 
 
 wherein such penalties have been incurred,. and if a verdict 
 
 or judgment passes for the defendant, or the plaintiiF 
 
 becomes non-suit, or discontinues the action after issue 
 
 joined, or if upon demurrer or otherwise judgment be 
 
 given against the plaintiff, the defendant shall recover his 
 
 full costs of suit as between attorney and client, and shall 
 
 have the like remedy for the same as any defendant hath 
 
 by law in other cases. 
 
 81. The clerk of the municipality in which any such cierk of the 
 returns are made, shall within seven days after the adjourn- iish and post up 
 ment of the next ensuing meeting of the council cause the m^g'®*""^"^ ^ 
 said returns to be published in one public newspaper in 
 
 the district or county, or if there be no such newspaper 
 then in a newspaper of an adjoining district or county, and 
 shall also fix up in the. court house of the district or county 
 and also in a conspicuous place in the office of such clerk 
 for public inspection, a schedule of the returns so made by 
 such justices ; and the same shall continue to be so fixed 
 up and exhibited until the end of the next ensuing meeting 
 of such council, and for every schedule so made and exhibited 
 by the said clerk he shall be allowed the expense of 
 publication and such fee as may be fixed by the 
 council. 
 
 82. The clerk of the municipality within twenty Copy of returns 
 days after the end of each meeting of such council as vinciai™eor?twy 
 aforesaid, shall transmit to the Provincial Secretary a true 
 
 copy of all such returns made within his district qv 
 county. 
 
764 SUMMARY CONVICTIONS [PART III. 
 
 Chap. 103. 83. Nothing in the six next preceding sections shall 
 Not to prevent have the effect of preventing any person aggrieved from 
 prosecution o( prosecutinff by indictment a iustice of the peace for any 
 
 a justioemde- f fc> J __ »■', .1 ii i • ,. t.- j. 
 
 fault. offence, the commission of which would subject nim to 
 
 indictment at the time of the coming into force of this 
 
 Chapter. 
 
 inoaseof^tender 84_ jjj g^\\ gages where a warrant of distress has issued 
 
 the amount of against any person, and such person pays or tenders to the 
 
 distress. constable having the execution of the same the sum or 
 
 sums in the warrant mentioned, together with the amount 
 
 of the expenses of the distress up to the time of payment 
 
 or tender, the constable shall cease to execute the same. 
 
 Payment may 85. In all cascs in which any person is imprisoned for 
 
 be made to the .1. i , ,1 i 
 
 keeper of the non-payment of any penalty or other sum, he may pay or 
 P"™"' cause to be paid to the keeper of the prison in which he is 
 
 imprisoned the sum in the warrant of commitment men- 
 tioned, together with the amount of the costs, charges and 
 expenses (if any) therein also mentioned, and the keeper 
 shall receive the same, and shall thereupon discharge the 
 person, if he be in his custody for no other matter. 
 
 In what cases gQ_ Jq all casfis of summary proceedings before a 
 
 one justice may . ... 1. ,1 J ir • r ,■ 
 
 act. justice or justices of the peace, upon any information 
 
 or complaint, one justice may. receive the information 
 or complaint, and grant a summons or warrant thereon, 
 and issue his summons or warrant to compel the 
 attendance of any witnesses for either party, and do all 
 other acts and matters necessary preliminaiy to the hearing, 
 even in cases where by the statute in that behalf the 
 information or complaint must be heard and determined 
 by two or more j'ustices. 
 
 After hearing, 87. After a case has been heard and determined one 
 justice may issue all warrants of distress or commitment 
 thereon. 
 
 Ster^fudlment. ^^- ^^ ^^all not be necessary that the justice who acts 
 before or after the hearing be the justice or one of the 
 justices by whom the case is or was heard and determined. 
 
 In case two jus- 89, jn all cases where by any Act or law it is required 
 
 tices are requir- , .« . 1. inii i i 
 
 ed. that an intormation or complaint shall be heard and 
 
 determined by two or more justices, or that a conviction 
 or order shall be made by two or more justices, such 
 justices must be present and acting together during the 
 whole of the hearing and determination of the case. 
 
 pdd""'to 'party ^^- W'hcn Several persons join in the commission of 
 
 aggrieved, limit- the same act or offence, and upon conviction thereof each 
 
 is adjudged to forfeit a sum equivalent to the value of the 
 
TITLTU XXIII.] AND ORDERS BY JUSTICES. 765 
 
 property or to the amount of the injury done, no further Chap. 103. 
 sum shall be paid to the party aggrieved than the amount 
 forfeited by one of such persons only, and the corresponding 
 sum, forfeited by the other person, shall be applied in the 
 same manner as other penalties imposed by a justice or 
 justices of the peace are directed to be applied. 
 
 91. The evidence of the party aggrieved, and also the Party aggrieved 
 evidence of any inhabitant of the district, county or place others''^ ml" 
 in which any act or offence has been done or committed, ^^ witnesses. 
 shall be admitted in proof of the act or offence, notwith- 
 standing that any forfeiture or penalty incurred by the 
 
 offence may be payable to any public fund of such district, 
 county or place. 
 
 92. Any one recorder, police magistrate, or stipendiary Certain mapris- 
 
 ■ii ■ 1. J £ 1-i-i i_-ii "^ trates to have 
 
 magistrate, appointed tor any district, county, city, town, or the powers ot 
 place, and sitting at a police court or other place appointed**" justices. 
 in that behalf, shall have full power to do alone whatever 
 is authorized by this Chapter to be done by two or more 
 justices of the peace; and the several forms hereinafter 
 contained may be varied so far as it may be necessary to 
 render them applicable to police courts or to the court or 
 other place of sitting of such functionary as aforesaid. 
 
 93. Any recorder, or police magistrate, or stipendiar}' Power to pre- 
 magistrate, sitting at any police court or other place ^^^^ °'''*°''' *"• 
 appointed in that behalf, shall have such and like powers 
 
 and authority to preserve order in the said courts during 
 the holding thereof, and by the like ways and means as 
 now by law are or may be exercised and used in like cases 
 and for the like purposes by any courts of law in Nova 
 Scotia, or by the judges thereof respectively, during the 
 sitting's thereof. 
 
 94. Any recorder, police magistrate, or stipendiary Power to punish 
 magistrate, in all cases where any resistance is offered to oess^lo?^ *"''"' 
 the execution of any summons, warrant of execution or 
 
 other process issued by him, may enforce the due execution 
 of the same by the means provided by the law for enforcing 
 the execution of the process of other courts in like cases. 
 
 95. The expres.sion "territorial division" whenever intetyretation of 
 used in this Chapter, shall mean district, county, muni-''°''"" yfotia. 
 cipality, township, city, town or other judicial division or 
 
 place to which the context may apply ; and the words 
 " district or county" shall include any territorial or judicial 
 division or place in and for which there is such justice, 
 justice's court, officer or prison, as is mentioned in the 
 context and to which the context may apply. 
 
766 SUMMARY CONVICTIONS [PAM III. 
 
 Chap. IPS. 96. The words "common gaol" or "prison" whenever 
 ihe same, thej' oCcur in this Chapter, shall be held to mean any place 
 other than a penitentiary where parties charged with 
 offences against the law are usually kept and detained in 
 custodyi 
 Pom* 97. The several forms in the schedule to this Chapter 
 
 contained, varied to suit the case or forms, to the like effect, 
 shall he deemed good, valid and sufficient in law. 
 
 eCHEDULlJi 
 
 (A.) See s. 3. 
 
 SUMMONS TO THE DEI*ENDANT UPON AN INI*OIlMATION OH 
 COMPLAINT. 
 
 Canada, \ 
 
 Province of — ,1 
 
 District (or County, > 
 or as the case mayi 
 be,) of ' . / 
 
 To A. B., of ■- ■■ ■ , (laborer) ; 
 
 Whereas information hath this day been laid (^orj 
 complaint hath this day been made) before the undersigned, 
 (one) of Eer Majesty's Justices of the Peace in and for the 
 said District (or, County, City, Town, &c., as the case may b6,) 
 
 of , for that you (here state shortly the matter of 
 
 the information or complaint) : These are therefore to 
 command you, in Her Majesty's name, to be and appear on 
 
 , at o'clock in the (fore) noon, at — -^•— '-^ , before 
 
 me or such Justice or Justices of the Peace for the 
 said District (or County, or as the case may be) as may 
 then be there, to answer to the said information (or* 
 complaint), and to be further dealt with according to law. 
 
 Given under my hand and seal, this — "-« >- day of 
 
 , in the year of our Lord , at — , in the 
 
 District (or County, or as the case may be) aforesaid. 
 
 J. S. [I.S.J 
 
MTLE Xtin.] AND ORtoESS BY ' JtrsTlCES. 767 
 
 CflAP. 103. 
 
 (B.) See s. 8. " 
 
 WARRANT WfifiN THE SUMMONS IS DISOBEYED. 
 
 Canada, 
 Province of 
 
 District for County.! 
 07' as the case mayi 
 be,) of — , 
 
 To all or any of the Constables or other Peace Officers in the 
 district (or county, or as the case may he) of . 
 
 Whereas on last past, information was laid (or 
 
 complaint was made) before , (one) of Her Majesty's 
 
 Justices of the Peace in and for the said District (or Countyj 
 
 or as the case may be,) of , for that A. B., (&c., as 
 
 in the summons) : And whereas (I), the said Justice of the 
 Peace, then issued (my) summons unto the said A. B., 
 commanding him, in Her Majesty's name, to be and appear 
 
 on , at o'clock in the (fore) noon, at , 
 
 before (me) or such Justice or Justices of the peace as 
 might then be there, to answer unto the said information 
 (or complaint), and to be further dealt with according to 
 law : And whereas the said A. B. hath neglected to be and 
 appear at the time and place so appointed in and by the 
 said summons, although it hath now been proved to me 
 upon oath that the sa,id summons hath been duly served 
 upon the said A. B. : These are therefore to command youy 
 in Her Majesty's name, forthwith to apprehend the said 
 A. B. and to bring him before (me) or some one or more 
 of Her Majesty's Justices of the Peace in and for the said 
 District (or County, or, as the case may he,) to answer to 
 the said information (or complaint) ; and to be further 
 dealt with according to law. 
 
 Given under my hand and seal, this day of 
 
 , in the year of our Lord -, at , in the 
 
 District (or County, or, as the case may he,) aforesaid. 
 
 J. S. L-L-S.] 
 
768 SUMMARY CONVICTIONS [PART III. 
 
 Chap. 103. /nN c q 
 
 • (C.) See s. 8. 
 
 WARRANT IN THE FIRST INSTANCE. 
 
 Canada, 
 Province of 
 
 District (or County, 
 or as the case may\ 
 be,) of 
 
 To all or any of the Constables or other Peace Officers in 
 the said District (or, County, or, as the case may be,) 
 of . 
 
 Whereas information hath this day been laid before the 
 undersigned, (one) of Her Majesty's Justices of the Peace in 
 and for the said District (or. County, or as the case may be,) 
 
 of , for that A. B. (here state shortly the matter of 
 
 iv format ion ) ; and oath being now made before me 
 substantiating the matter of .such information, and that the 
 said A. B. is about to leave the Province and may escape 
 punishment : These are therefore to command you, in Her 
 Majesty's name, forthwith to apprehend the said A B. and 
 to bring him before (me) or some one or more of Her 
 Majesty's J ustices of the Peace in and for the said District 
 ('or. county, or as the case may be,) to answer to the said 
 information, and to be further dealt with according to law. 
 
 Given under my hand and seal, this day of , 
 
 in the year of our Lord , at , in the District 
 
 (Count}', &c., as the case may be) aforesaid. 
 
 J. S. [L. S.J 
 
 (D.) See ss. 14, 2,3, 35, 47. 
 
 WARRANT OF COMMITTAL FOR SAFE CQSTODY DURING AN 
 ADJOURNMENT OF THE HEARING. 
 
 Canada, 
 Province of 
 
 District for County, 
 or as the case may^ 
 be,) of . 
 
 To all or any of the Constables or Peace Officers in the 
 
 District (or County, or as the case m.ay be,) of , 
 
 and to the Keeper of the Common Gaol (or Lock-up 
 house) at 
 
 Whereas on last past, information was laid (^or 
 
 complaint made) before , (one) of Her Majesty's 
 
TITLE XXIII.] AND ORDERS BY JUSTICES. 769 
 
 Justices of the Peace in and for the said District (or Countj', Chap. 103 
 
 or, as the case tnay, he,) of , for that (&c., as in the 
 
 sumynons:) And whereas the hearing of the same is 
 
 adjourned to the of (instant), at o'clocii 
 
 in the (fore) noon, at , and it is necessary that the 
 
 said A. B. should in the meantime be kept in safe custody : 
 These are therefore to command you, or any one of the 
 said Constables or Peace Officers, in Her Majesty's name, 
 forthwith to convey the said A. B. to the Common Gaol 
 
 (or Lock-up House) at , and there deliver him into 
 
 the custody of the Keeper thereof, together with this 
 Precept; and I hereby require you, the said Keeper, to 
 receive the said A. B. into your custody in the said Common 
 Gaol (or Lock-up House), and there safely keep him until 
 
 the day of , (instant), when you are hereby 
 
 required to convey and have him, the said A. B., at the 
 time and place to which the said hearing is so adjoui-ned 
 as aforesaid, before such Justices of the Peace tor the said 
 District (or County, or, as the case may he,) as may then be 
 there to answer further to the said information (or com- 
 plaint), and to be further dealt with according to law. 
 
 Given under my hand and seal this day of , 
 
 in the year of our Lord , at , in the District 
 
 (or County, &c., as the case may he,) aforesaid. 
 
 J. S. [L. s.] 
 
 (E.) See ss. 14, 23, 35, 47. 
 
 RECOGNIZANCE FOR THE APPEARANCE OF THE DEFENDANT 
 WHEN THE CASE IS ADJOURNED, OR NOT AT ONCE 
 PROCEEDED WITH. 
 
 Canada, 
 Province of 
 
 District (or County, 
 or, as the case may\ 
 he,) of 
 
 Be it remembered. That on , A. B., of 
 
 (laborer), and L. M., of — , (grocer), and 0. P., of 
 
 , (yeoman), personally came and appeared before 
 
 the undersigned, (one) of Her Majesty's Justices of the 
 Peace in and for the said District (or County, or as the case 
 may he,) of , and severally acknowledged them- 
 selves to owe to our Sovereign Lady the Queen the several 
 sums following, that is to say: the said A. B. the sum of 
 
 , and the said L. M. and 0. P. the sum of , 
 
 each, of good and lawful current money of Canada, to be 
 50 
 
770 SUMMARY CONVICTIONS [PART III. 
 
 Chap. 108. made and levied of their several goods and chattels, lands 
 and tenements respectively to the use of our said Lady the 
 Queen, her Heirs and Successors, if he the said A. B. shall 
 fail in the condition endorsed {or hereunder written). 
 
 Taken and acknowledged the day and year first above 
 
 mentioned at , before me. 
 
 J. S. [L. s.] 
 
 The condition of the within (or the above) written 
 recognizance is such that if the said A. B. shall personally 
 
 appear on the day of , (instant), at 
 
 o'clock in the (fore) noon, at , before me or such 
 
 Justices of the Peace for the said District (or County, or, 
 as the case may he,) as may then be there, to answer further 
 to the information {or complaint) of C. D. exhibited 
 against the said A. B. and to be further dealt with accord- 
 ing to law, then the said recognizance to be void, or else 
 to stand in full force and virtue. 
 
 NOTICE OF SUCH RECOGNIZANCE TO BE GIVEN TO THE 
 DEFENDANT AND HIS SURETIES. 
 
 Take notice that you, A. B., are bound in the sum 
 
 of , and you, L. M. and O. P., in the sum of , 
 
 each, that you, A. B., appear personally on , at 
 
 o'clock in the (fore) noon at , before me or such 
 
 Justices of the Peace for the District (or County, 07*, as t'M 
 
 case may he,} of as shall then be there, to answer 
 
 further to a certain information (or complaint) of C. D,, 
 the further hearing of which was adjourned to the said 
 time and place, and unless j'ou appear accordingly, the 
 recognizance entered into by you, A. B., and by L. M. and 
 O. P., as your sureties, will forthwith be levied on you 
 and them. 
 
 Dated this day of , one thousand eight 
 
 hundred and . 
 
 J. S. [L. s.} 
 
 (R) -Sfeess. 15, 24, 36, 50, 62. 
 
 CERTIFICATE OF NON-APPEARANCE TO BE ENDORSED ON 
 THE defendant's RECOGNIZANCE. 
 
 I hereby certify that the said A. B. hath not appeared 
 at the time and place in the said condition mentioned, but 
 therein hath made default, by reason whereof the within 
 written recognizance is forfeited. 
 
 J. S. [l, S.] 
 
tttle xxiii.] aud -orders bt justices. wl 
 
 Chap, 103. 
 
 (G. L) ^ee s. 17. 
 
 SUMMONS TO A WITNESS. 
 
 Canada, 
 
 Province of 
 
 
 District (or. County,^ 
 or, as 
 be,) of 
 
 or, as the case mayl 
 
 To E. F., of , in the said District for, County, or, as 
 
 the case may be J of : 
 
 Whereas information was laid (or, complaint was made) 
 
 before , fonej of Her Majesty^s Justices of the Peace 
 
 in and for the said Districtfor, County, or, as the cdse may 
 
 he,) of , for that (fee., <xs in Ike summons^ and it 
 
 hath been made to appear to me upon foath) that you are 
 likely to give material evidence on behalf of the prosecutor 
 '(or complainant or defendant) in this behalf: These are 
 
 therefore to require you to be and appear on , at 
 
 ' o'clock in the fforej noon, ■ • ■ ■ • ■■■ at — — ^^ before 
 
 me or such Justice or Justices of the Peace for the said 
 District for. County, or^ as the ^ase m,ay be,) as may then 
 be there, to testify what you shall know concerning the 
 matter of the said information (or, complaint.) 
 
 Given under my hand and seal, this day of , 
 
 in the j'ear of our Lord '^, at -— - in the District 
 
 (or. County, er, 'as the case may be.) aforesaid. 
 
 J. S. {L. s.] 
 
 (G. 2.) See s, 18. 
 
 WARRANT WHERE A WITNESS HAS NOT OBEYED A SUMMONS. 
 
 Canada, 
 Province of 
 
 District for, County, 
 or, as the case mxiy\ 
 be,} of — . 
 
 To all or any of the Constables and other Peace Officers in the 
 said District (or. County, or as the case may be,) of : 
 
 Whereas information was laid (or, complaint was made) 
 before — — ■ — -, (one) of Her Majesty's Justices of the Peace, 
 in and for the said District (or, County, or, <Xs the case may 
 
 be,) of ■ — , for that (&c., as in th^ summons,) and it 
 
 having been made to appear to (me) upon oath that E. F., 
 of - — --^ — ) in the said Distiict (or, County, as the case may 
 
;f72 SUMMARY CONVICTIONS [PART III. 
 
 Chap. WS.be,) (laborer,) was likely to give material evidence on 
 behalf of the (prosecutor or, as the case may be,) (/) did 
 duly issue (my) summons to the said E. F., requiring him 
 
 to be and appear on , at o'clock in the (fore) 
 
 noon of the same day, at , before nie or such Justice 
 
 or Justices of the Peace for the said District (or, County, or. 
 as the case vnay be,) as might then be there, to testify what 
 he should know concerning the said A. B. or the matter of 
 the said information (or, complaint) ; And whereas proof 
 hath this day been made before me, upon oath, of such 
 summons having been duly served upon the said E. F. ; 
 And whereas the said E. F. hath neglected to appear at the 
 timeand, place appointed by the said Summons, and no just 
 excuse has been offered for such neglect; These are 
 therefore to command j'ou to take the said E. F., and to 
 
 bring and have him on , at o'clock in the 
 
 noon, at , before me or such Justice or Justices of the 
 
 Peace for the Distt-ict (or, County, or, as the case may be,) 
 as may then be there, to testify what he shall know 
 concerning the said information (or, complaint). 
 
 Given under my hand and seal, this day of , 
 
 in the year of our Lord , at in the District 
 
 (or, County, or, as the case may be,) aforesaid. 
 
 J. S. [l. s.] 
 
 (G. 3.) Sees. 19. 
 
 warrant for a witness in the FIRST INSTANCE. 
 
 Canada, 
 Province of 
 
 District (or. County, 
 or, as the case mayi 
 he,) of . J 
 
 To all or any of the Constables or other Peace Officers in the 
 said District (or, County, or, as the case may be,) of — — 
 
 Whereas information was laid (or, complaint was 
 made) before the undersigned (one) of Her Majesty's Justices 
 of the Peace, in apd for the said District (or, County, or, as 
 
 the case may be,) of , for that (&c., as in the 
 
 summons,) and it being made to appear before me upon oath, 
 
 that E. F., of , (laborer,) is likely to give material 
 
 evidence on behalf of the (prosecutor, or, as the case may 
 be,) in this matter, and it is probable that the said E. F., 
 will not attend to give evidence without being compelled 
 so to do ; These are therefore to command you to bring 
 and have the said E. F., on , at o'clock in the 
 
TITLE XXIII.] AND ORDERS BY JUSTICES. 773 
 
 {fore) noon, at , before me or such other Justice or Chap. 103. 
 
 Justices of the Peace, for the District {or, County, or, as the 
 case may be,) as may then be there, to testify what he 
 shall know concerning the matter of the said information 
 {or, complaint). 
 
 Given under {my) hand and seal, this day of 
 
 , in the year of our Lord , at , in the 
 
 District {or, County, or, as the case Tnay be.) aforesaid. 
 
 J. S. [L. s.] 
 
 (G. 4.) See a. 20. 
 
 COMMITMENT OF A WITNESS FOR REFUSING TO BE SWORN 
 OR GIVE EVIDENCE. 
 
 Canada, 
 Province of 
 
 District {or, County, 
 or, as the case may j 
 6e,) of . 
 
 To all or any of the Constables or other Peace Officers in 
 the said District {or, County, or, as the case may 6e,) of 
 
 — ,and to the Keeper of the Common Gaol of the said 
 
 District {or. County, or, as the case may be,) at : 
 
 Whereas information was laid {or, complaint was made) 
 
 before (me) , {one) of Her Majesty's Justices of the 
 
 Peace, in and for the said District {or. County, or, as the 
 
 case may be,) of , for that (&c., as in the summons^ 
 
 and one E. F., now appearing before me, such Justice as 
 
 afore.said, on , at , and being required by me to 
 
 make oath {or, affirmation) as a witness in that behalf, hath 
 now refused so to do, {or, being now here duly sworn as a 
 witness in the matter of the said information or complaint,) 
 doth refuse to answer a certain question concerning the 
 premises which is now here put to him, and more 
 particularly the following question {here insert the exact 
 words of the question,) without offering any just excuse for 
 such his refusal : These are therefore to command j'ou or 
 any one of the said Constables or Peace Officers to take the 
 said E. F., and him safely to convey to the Common Gaol at 
 
 aforesaid, and there to deliver him to the said 
 
 Keeper thereof, together with this Precept; And I do 
 hereby command j'ou, the said Keeper of the>said Common 
 Gaol, to receive the said E. F. into your custody in the 
 said Common Gaol and there imprison him for such his 
 
 contempt for the space of days, unless he shall in the 
 
 meantime consent to be examined and to answer concerning 
 
774 SUMMARY CONVieTIONS^ [pART HI. 
 
 Chap. 103. the premises, and for so doing this shall be your sufficient 
 ~" " warrant. 
 
 Given under my hand and seal,, this day of 
 
 in the year of our Lord — , at , in the District 
 
 (or. County,, or, as. the case man be,) aforesaid. 
 
 J. S. [L. s.] 
 
 (H.) See s. 34. 
 
 WARRANT TO EEMANI> A DEFENDANT WHEN APPEEHENDEIX 
 
 Canada,, 
 
 " » I 
 
 Provinee of 
 
 District (or County. V 
 
 or, as the case m.ay I 
 
 be), of . ) 
 
 To all or any of -the Constables, or other Peace Officers irk 
 the said District (or County, or, as the case w,ay be), 
 
 of , and to the Keeper of the Common Gaol (or- 
 
 Lock-up House), at . 
 
 Whereas information was laid (or complaint was made) 
 
 before , (one) of Her Majesty's Justices of the Peace 
 
 in and for the District (or County, or, as the case ifiay 6e,) 
 
 of , for that (&c., as in the summons or warrant) ; 
 
 and wher»as the said A. B. bath been apprehended under 
 and by virtue of a warrant, upon such information (or 
 complaint) and i& now brought before me as such Justice 
 as aforesaid : These are therefore to command you, or any 
 one of the said Constables or Peace Officers, in Her Majesty's 
 name, forthwith to convey the said A. B. to the Common 
 
 Gaol (or Lock-up House) at , and there to deliver 
 
 him to the said Keeper thereof, together with this Precept :; 
 And I do hereby command you, the said Keeper, to receive 
 the said A. B. into your custody in the said Common Gaol 
 
 (or Lock-up House), and there safely keep him until 
 
 next, the day of , (instant), when you are 
 
 hereby commanded to convey and have him at , at 
 
 o'clock in the noon of the same day, before 
 
 me, or such Justice or Justices of the Peace of the said 
 District (or County, or, as the case m.ay be,) as- may then 
 be there to answer to the said information (or complaint), 
 
 and to be further dealt with according to law. 
 
 • & 
 
 Given under my hand and seal, this -day of — 
 
 in the year of our Lord — , at — , in the District 
 
 (or County, or,, as the case may be,) aforesaid. 
 
 J.S. [i.s.i 
 
TITLE XIIII.] AND ORDERS BY JUSTICES. 775 
 
 (1.1.) Se.ss.43.51. ^5Hd23- 
 
 CONVICTION FOR A PENALTY TO BE LEVIED BY DISTRESS, 
 AND IN DEFAULT OF SUFFICIENT DISTRESS, BY 
 IMPRISONMENT. 
 
 Canada, 
 Province of 
 
 District [or County, 
 or, as the ease 'may\ 
 be,) of . 
 
 Be it remembered. That on the day of , in 
 
 the year of our Lord , at , in the said 
 
 District {or County, or, as the case may he,) A. B. is con- 
 victed before the undersigned, (one) of Iler Majesty's 
 Justices of the Peace for the said District (or County, or, as 
 the case may be,) for that the said A. B., (Sic.,, stating the 
 offence, and the time and place tuloen and where committed), 
 and I adjudge the said A. B. for his said offence to forfeit 
 
 and pay the sum of *, (stating the penalty, and also 
 
 the compensation, if any) to be paid and applied according 
 
 to law, and also to pay to the said C. D. the sum of . 
 
 for his costs in this behalf ; and if the said several sums 
 
 be not paid forthwith (or, on or before the of 
 
 next,) * I order that the same be levied by distress and 
 sale of the goods and chattels of the said A. B., and in 
 default of suflScient distress * I adjudge the said A. B. to 
 be imprisoned in the Common Gaol of the said District (or 
 
 County, or, as the case may be) at , in the said 
 
 District (or County) of , (there to be kept at hard 
 
 labor, if such be the sentence,) for the space of , 
 
 unless the said several sums and all costs and charges of 
 the said distress (and of the commitment and conveying 
 of the said A. B. to the said Gaol) be sooner paid. 
 
 Given under (my) hand and seal, the day and year 
 
 first above mentioned, at , in the district (or county, 
 
 or, as the case may be,) aforesaid. 
 
 J. S. [L. S.J 
 
 * Or when the issuing of a Distress Warrant would 
 be ruinous to the defendant or his family, or it appears he 
 has no goods whereon to levy a distress, then instead of the 
 words between the asterisks * * say, " inasmuch as it hath 
 now been made to appear to me that the issuing of a 
 Warrant of Distress in this behalf would be ruinous to the 
 said A. B. or his family," (or, " that the said A. B. hath no 
 goods or chattels whereon to levy the said sums by 
 distress.") I adjudge, &c., (as above, to the end.) 
 
776 summakt convictions [paet iii. 
 
 Chap. 103. 
 
 (I. 2.) 8ee ss. 43, 51. 
 
 CONVICTION FOR A PENALTY, AND IN DEFAULT OF PAYMENT, 
 IMPEISONMENT. 
 
 Canada, 
 Province of 
 
 District {or County, 
 or, as the case may ( 
 he) of . 
 
 Be it remembered, That on the day of , in 
 
 the year of our Lord , at , in the said District 
 
 {or County, or, as the case may be,) A. B. is convicted 
 before the undersigned, {one) of Her Majesty's Justices of 
 the Peace for the said District, {or County, or, as the case 
 may be,) for that he, the said A. B., (&c., stating the offence, 
 and the time and place when and where it was committed,) 
 and I adjudge the said A. B. for his said offence- to forfeit 
 
 and pay the sum of , {stating the penalty and 
 
 the compensation, if any,) to be paid and applied accord- 
 ing to law ; and also to pay to the said C. D. the sum of 
 
 , for his costs in this behalf ; and if the said several 
 
 sums be not paid forthwith {or, on or before next,) 
 
 I adjudge the said A. B. to he imprisoned in the Common 
 Gaol of the said District {or County, or, as the case may be,) 
 
 at , in the said District {or County) of , {and 
 
 there to be kept at hard labor,) for the space of , 
 
 unless the said sums and the costs and charges of conveying 
 the said A. B. to the said Common Gaol, shall be sooner 
 paid. 
 
 Given under my hand and seal, the day and year 
 
 first above mentioned, at , in the District {or County, 
 
 or, as the case m,ay be,) aforesaid. 
 
 J. S. [L. s.] 
 
TITLE XXIII.] AND OEDEES BY JUSTICES. 777 
 
 /T „s ^ Chap. 103. 
 (I. 3.) See ss. 43, 51. 
 
 CONVICTION WHEN THE PUNISHMENT IS BY IMPEISONMENT, &C. 
 
 Canada. 
 
 Province of 
 
 District (or County, 
 or, as the case may | 
 be,) of . 
 
 Be it remembered. That on the day of , in 
 
 the year of our Lord , in the said Di.strict (or County, 
 
 or, as the case may he) A. B. is convicted before the 
 undersia:ned, (one) of Her Majesty's. Justices of the Peace 
 in and for the said District (or County, or, as the case m,ay 
 he,) for that he, the said A. B., (&c., stating the ofence and 
 the time and place when and where it was committed); and 
 I adjudge the said A. B. for his said offence to be imprisoned 
 in the Common Gaol of the said District (or County, or, as 
 
 the case may he,) at , in the County of , (and 
 
 there to be kept at hard labor) for the space of ; 
 
 and I also adjudge the said A. B. to pay to the said C. D. 
 
 the sum of for his costs in this behalf, and if the 
 
 said sum for costs be not paid forthwith (or on or before 
 
 next), then * I order that the said sum be levied 
 
 by distress and sale of the goods and chattels of the said 
 A. B. ; and in default of sufficient distress in that behalf * I 
 adjudge the said A B. to be imprisoned in the said Common 
 Gaol (and kept there at hard labor) for the space of 
 — , to commence at and from the term of his imprison- 
 ment aforesaid, unless the said sum for costs shall be 
 sooner paid. 
 
 Given under my hand and seal, the day and year first 
 
 above mentioned, at . in the District (or County, or, 
 
 as the case wvay he) aforesaid. 
 
 J. S. [L. S.J 
 
 * Or, luhen the issuing of a Distress Warrant would he 
 ruinous to the defendant and his family, or it appears that 
 he has no goods whereon to levy a distress, then, instead of 
 the words hetween the asterisks * *, say, " inasmuch as it 
 hath now been made to appear to me that the issuing of a 
 Warrant of Distress in this behalf would be ruinous to 
 the said A. B. and his family," (or " that the said A. B. 
 hath no goods or chattels whereon to levy the said sum 
 for costs by distress,") I adjudge, &c. 
 
778 SUMMARY CONVICTIONS [PART III, 
 
 Chap. 103. ^g- -^^^ g^^ gg ^g^ 53. 
 
 ORDER FOR PAYMENT OP MONEY TO BE LEVIED BY DISTRESS, 
 AND IN DEFAULT OF DISTRESS, IMPRISONMENT. 
 
 Canada, 
 Province of 
 
 District (or, Countj', 
 or, as the case 'may | 
 6e,) of . 
 
 Be it remembered, That on complaint was made 
 
 before the undersigned, {one) of Her Majesty's Justices of 
 the Peace in and for the said District (or. Count}', or, as the 
 
 case may be,) of , for that (stating the facts entitling 
 
 the coTTiplainant to the order, with the time and place when 
 and where they occurred,) and now at this day, to wit : on 
 
 , at -, the parties aforesaid appear before me, 
 
 the said Justice [or the said C. D. appears before me the 
 said Justice, but the said A. B., although duly called, doth 
 not appear by himself, his counsel or attorney, and it is 
 now satisfactorily proved to me on oath that the said A. B. 
 has been duly served with the Summons in -this behalf, 
 which required him to be and appear here on this day 
 before me, or such Justice or Justices of the Peace for the 
 said District (or, County, or, as the case may be,) as should 
 now be here, to answer the said complaint, and to be 
 further dealt with according to law] ; and now having 
 heard the matter of the said complaint, I do adjudge the 
 
 said A. B. to pay the said C. D. the sum of - — 
 
 forthwith, (or, on or before next, or, as the Act or 
 
 law may require,) and also to pay to the said C. D. the 
 
 sum of for his costs in this behalf ; and if the said 
 
 several sums be not paid forthwith (or, on or before 
 
 next) then * I herebj' order that the same be levied by 
 distress and sale of the goods and chattels of the said A. B., 
 and in default of sufficient distress in that behalf * I 
 adjudge the said A. B. to be imprisoned in the Common 
 Gaol of the said District (or. County, or, as the case m.ay 
 
 be,) at , in the said District (or, County) of , 
 
 (and there kept to hard labor) for the space of , 
 
 unless the said several sums and all costs and charges of 
 the said distress (and of the commitment and conveying of 
 the said A. B. to the said Common Gaol) shall be sooner 
 paid. 
 
 Given under my hand and seal this day of , 
 
 in the year of our Lord , at , in the District 
 
 (or, County, or, as the case m,ay be) aforesaid. 
 J. S. [L. s.j 
 
TITLE XXIII.] AND ORDERS BY JUSTICES. 779 
 
 * Or, when the issuing of a Distress Warrant would be Chap. 103. 
 ruinous to the defendant or his family, or it appears he 
 has no goods whereon to levy a distress, then,, instead of the 
 words between the asterisks * *, say, " inasmuch as it hath 
 now been made to appear to me that the issuing of a 
 Warrant of Distress in this behalf would be ruinous to the 
 said A. B. and his family," (or, " that the said A. B. hath 
 no goods or chattels whereon to levy the said sums by 
 distress.") 
 
 (K. 2.) See ss. 43, 52. 
 
 ORDER FOR PAYMENT OF MONEY, AND IN DEFAULT OF 
 PAYMENT, IMPRISONMENT. 
 
 Canada, 
 Province of 
 
 District (or County, 
 or, as the case may I 
 he) of . 
 
 Be it remeinbered. That on complaint was made 
 
 before the undersigned, {one) of Her Majesty's Justices of 
 the Peace in and for the said District (or. County, or as 
 
 the case may be,) of , for that (stating the facts 
 
 entitling the complainant to the order with the time and 
 place vjhen , and where they occurred,) and now on this 
 
 day, to wit, on . at , the parties aforesaid 
 
 appear before me the said Justice [or, the said C. D. 
 appears before me, the said Justice, but the said A. B., 
 although duly called, doth not appear by himself, his 
 counsel, or attorney, and it is now satisfactorily proved to 
 me upon oath that the said A. B. has been duly served 
 with the Summons in this behalf, which required him to 
 be and appear here this day before me, or such Justice or 
 Justices of the Peace for the said District (or. County, or 
 as the case may be.) as should now be here, to answer to 
 the said complaint, and to be further dealt with according 
 to law], and now having heard the matter of the said 
 complaint I do adjUdge the said A. B. to pay to the said 
 
 C. D. the sum of forthwith (or, on or before 
 
 next, or, as the Act or law may require,) and also to pay 
 
 to the said C. D. the sum of ■ — — for his costs in this 
 
 behalf ; and if the said several sums be not paid forthwith 
 (or, on or before -— - — -— next), then I adjudge the said 
 A. B. to be imprisoned in the Common Gaol of the said 
 
 District (or. County, or as the case may be,) at , in 
 
 the said District (or County,) of - — ■ — , (there to be kept 
 
780 SUMMARY CONVICTIONS [PART III. 
 
 Chap. 103. at hard labor, if the Act or law authorize this) for the space 
 
 of , unless the said several sums (and costs and 
 
 charges of commitment and conveying the said A. B. to 
 the said Common Gaol) shall be sooner paid. 
 
 Given under {my) hand and seal, this '- day of 
 
 , in the year of our Lord , at , in the 
 
 District {or, County, or as the case may be,) aforesaid. 
 
 J. S. [L. s.] 
 
 (K. 3.) See ss. 43, 52. 
 
 ORDER FOR ANY OTHER MATTER WHERE THE DISOBEYING OF 
 IT IS PUNISHABLE WITH IMPRISONMENT. 
 
 Canada, 
 ■Province of 
 
 District {or County, 
 or as the case m,ay I 
 be,) of . 
 
 Be it remembered, That on complaint was made 
 
 before the undersigned, {one) of Her Majesty's Justices of 
 the Peace in and for the said District {or County, or as 
 
 the ease may be,) of , for that (stating the facts 
 
 entitling the complainant to the order, with the time and 
 place where and tvhen they occurred,) and now on this day, 
 
 to wit, on , at , the parties aforesaid appear 
 
 before me, the said Justice [or the said C. D. appears before 
 me, the said Justice, but the said A. B., although duly 
 called, doth not appear by himself, his counsel or attorney, 
 and it is now satisfactorily proved to me upon oath that 
 the said A. B. has been duly served with the Summons in 
 this behalf, which required him to be and appear here this 
 day before me, or such Justice or Justices of the Peace for 
 the said District {or County, or as the case may be,) as 
 should now be here, to answer to the said complaint, and 
 to be further dealt with according to law], and now having 
 heard the matter of the said complaint, I do therefore 
 adjudge the said A. B. to {here state the matter required to 
 be done), and if upon a copy of the Minute of this Order 
 being served upon the said A. B. either personally or by 
 leaving the same for him at his last or most usual place 
 of abode, he shall neglect or refuse to obey the same, in 
 that case I adjudge the .said A. B. for such his disobedience 
 to be imprisoned in the Common Gaol of the said District 
 
 {or County, or as the case may be,) at , in the said 
 
 County of , (there to be kept at hard labor, if the 
 
 statute authorize this,) for the space of , unless the 
 
TITLE XXIII.J AND ORDERS BY JUSTICES. 781 
 
 said order be sooner obeyed, and I do also adjudge tbeCHAP. 103. 
 
 said A. B. to pay to the said C. D. the sum of for 
 
 his costs in this behalf, and if the said sum for costs be 
 
 not paid forthwith {or on or before next), I order 
 
 the same to be levied by distress and sale of the goods and 
 chattels of the said A. B., and in default of sufficient 
 distress in that behalf, I adjudge the said A. B. to be 
 imprisoned in the said Common Gaol (there to be kept at 
 
 hard labor) for the space of , to commence at and 
 
 from the termination of his imprisonment aforesaid, unless 
 the said sum for costs shall be sooner paid. 
 
 Given under (my) hand and seal, this day of 
 
 , in the year of our Lord , at , in the 
 
 District (oi- County, or as the case may be,) aforesaid. 
 
 J. S. [L. s.] 
 
 (L.) See s. 44. 
 
 ORDER OF DISMISSAL OF AN INFORMATION OR COMPLAINT. 
 
 Canada, 
 Province of 
 
 District (or County, 
 or as the case m,ay I 
 he) of . 
 
 Be it remembered. That on information was laid 
 
 {or, complaint was made) before the undersigned {one) of 
 Her Majesty's Justices of the Peace in and for the said 
 
 District {or, County, or as the case m,ay he) of , 
 
 for that (&c., as in the summons to the defendant) and 
 
 now at this day, to wit, on , at , both the 
 
 said parties appear before me in order that I should hear 
 and determine the said information {or complaint) \or the 
 said A. B. appeareth Ijefore me, but the said C. D., although 
 duly called, doth not appear *,] whereupon the matter of 
 the .said information {or complaint) being by me duly 
 considered [it manifestly appears to me that the said 
 information (or complaint) is not proved], I do therefore 
 dismiss the same, and do adjudge that the said C. D. do 
 
 pay to the said A. B. the sum of for his costs 
 
 incurred by him in his defence in this behalf : and if the 
 said sum for costs be not paid forthwith {or, on or before 
 
 ), I order that the same be levied by distress and 
 
 sale of the goods and chattels of the said C. D., and in 
 default of sufficient distress in that behalf, I adjudge the 
 said C. D. to be imprisoned in the Common Gaol of the 
 said District {or, County, or as the case may he) at , 
 
782 SUMMARY CONVICTIONS [PART III. 
 
 Chap. 103. in the said County of , (and there be kept at hard 
 
 " labor) for the space of — ^-^, unless the said sum for 
 
 costs and all costs and charges of the said distress (and of 
 the commitmeut of the said C. D. to the said Common 
 Gaol) shall be sooner paid. 
 
 Given under (my) hand and seal, this day of 
 
 ■ — ', in the year of our Lord — ►— — ■. at - — ■ — -, in the 
 
 District {or, Countv, or as the case may be,) aforesaid. 
 
 J. S. [l. s.] 
 
 * If the informant ('or complainant) do not appear, 
 these words may he omitted. 
 
 (M.) See s. U. 
 
 CERTIFICATE Of DISMISSAL. 
 
 1 herebj' certify that an information (or, complaint,) 
 preferred by C. D. against A. B. for that (or as in the 
 summons,) was this day considered by me, one of Her 
 Majesty's Justices of the Peace in and for the District 
 (or. County, or as the case may be,) of — '-^ — , and was by 
 (me) dismissed (with costs). 
 
 Dated this day of '- — = — ■, one thousand eight 
 
 hundred and "=- — —. 
 
 J. S. [L. S.J 
 
 (N. 1.) See s. 58. 
 
 Warrant of distress upon a conviction for a penalty. 
 
 Canada, 
 Province of 
 
 District (or County, 
 or as the case may 
 be,) of . 
 
 To all or any of the Constables or other Peace Officers in 
 the said District (or*, County, or as the case may be,) 
 of : 
 
 Whereas A. B., late of -- — --, (laborer,) was on this 
 
 day (or on -- — ■ — last past) duly convicted before -, 
 
 (one) of Her Majesty's Justices of the Peace, in and for the 
 
 said District (or, County, or as the case may be,) of -— ■, 
 
 for that (stating the offence as in the conviction,) and it 
 was thereby adjudged that the Said A. B. should for such 
 his offence forfeit and pay, (d&c, as in the conviction,) and 
 
Title xxiii.] and orders by justices. 783 
 
 should also pay to the said C. D. the sum of for Chap. 103. 
 
 his costs in that behalf ; and it was thereby ordered that 
 if the said several sums should not be paid (forthwith) the 
 same should be levied by distress and sale of the goods and 
 chattels of the said A. B., and it was thereby also adjudged 
 that the said A. B., in default of sufficient distress should 
 be imprisoned in the Common Gaol of the said District 
 
 {or, Count}', or as the case may he,) at , in the said 
 
 County of , {and there to be kept at hard labor) for 
 
 the space of , unless the said several sums and all 
 
 costs and charges of the said distress, and 3f the commitment 
 and conveying of the said A. B. to the said Common Gaol 
 should be sooner paid ; * And whereas the said A. B., 
 being so convicted as aforesaid, and being {now) required 
 
 to pay the said sums of , and — hath not paid 
 
 the same or any part thereof, but therein hath made 
 defaults ; These are therefore to command you, in Her 
 Majesty's name, forthwith to make distress of the goods 
 
 and chattels of the said A. B, ; and if within days 
 
 next after the making of such distress, the said sums, 
 together with the reasonable charges of taking and keeping 
 the distress, shall not be paid, then you do sell the said 
 goods and chattels so by you distrained, and do pay the 
 money arising from such sale unto me (the convicting 
 justice or one of the convicting justices,) that I may pay 
 and apply the same as by law is directed, and may render 
 the overplus, if any, on demand, to the said A. B. ; and if 
 no such distress can be found, then, that you certify the 
 same unto me, to the end that such further proceedings 
 may be had thereon as to law doth appertain. 
 
 Given under my hand and seal, this — • day of 
 
 •, in the year of our Lord , at -, in the 
 
 District {or County, or aa the case may be,) aforesaid 
 
 J. S. [L, s.] 
 
784 SUMMARY CONVICTIONS [PART III. 
 
 Chap. 103. /tvt n^ a kq 
 (N. 2.) See s. 58. 
 
 WARRANT OF DISTRESS UPON AN ORDER FOR THE PAYMENT 
 OF MONET. 
 
 Canada, 
 Province of 
 
 District (or County, 
 or as the case may 
 be,) of -. 
 
 To all or any of the Constables or other Peace Officers in 
 the said District (or County, or as the case may be,) 
 of . 
 
 Whereas on last past, a complaint was made 
 
 before , (one) of Her Majesty's Justices of the Peace 
 
 in and for the said District (or County, or as the case may 
 be,) for that (&c., as in the order,) and afterwards, to 
 
 wit, on , at , the said parties appeared before 
 
 , (as in the order^ and thereupon the matter of the 
 
 said complaint having been considered, the said A. B. was 
 
 adjudged (to pay to the said C. D, the sum of on or 
 
 before then next), and also to pay to the said C. D. 
 
 the sum of for his costs in that behalf ; and it was 
 
 ordered that if the said several sums should not be paid 
 
 on or before the said then next, the same should 
 
 be levied by distress and sale of the goods and chattels of 
 the said A. B. ; and it was adjudged that in default of 
 sufficient distress in that behalf, the said A. B. should be 
 imprisoned in the Common Gaol of the said District (or 
 
 County, or as the case may be,) at , in the said 
 
 County of , (and there kept at hard labor,) for the 
 
 space of , unless the said several sums and all costs 
 
 and chai'ges of the distress (and of the commitment and 
 conveying of the said A. B. to the Common Gaol) should be 
 sooner paid ; *And whereas the time in and by the said 
 order appointed for the payment of the said several sums 
 
 of and hath elapsed, but the said A. B. hath 
 
 not paid the same, or any part thereof, but herein hath 
 made default; These are therefore to command you, in 
 Her Majestj''s name, forthwith to make distress of the 
 goods and chattels of the said A. B. ; and if within the 
 
 space of days after the making of such distress, 
 
 the said last mentioned sums, together with the reasonable 
 charges of taking and keeping the said distress, shall not 
 be paid, that then you do sell the said goods and chattels 
 so by you distrained, and do pay the money arising from 
 such sale unto me, (or some other of the convicting justices, 
 
 b 
 
TITLE XXIII.] AND ORDERS BY JUSTICES. 785 
 
 as the case may be,) that I {or he) may pay and apply the Chap. 103. 
 
 same as by law directed, and may render the overplus, if 
 
 any, on demand to the said A. B. ; and if no such distress 
 
 can be found, then that you certify the same unto me, to 
 
 the end that such proceedings may be had therein. as to 
 
 law doth appertain. 
 
 Given under my hand and seal, this day of 
 
 , in the year of our Lord , at , in the 
 
 District {or County, or as the case may be,) aforesaid. 
 
 J. S. [L. s.] 
 
 (N. 3.) See s. 59. 
 
 ENDORSEMENT IN BACKING A WARRANT OF DISTRESS. 
 
 Canada, 
 Province of 
 
 District {or County, 
 or as the case may 
 be,) of . 
 
 Whereas proof upon oath hath this day been made 
 before me, one of Her Majesty's Justices of the Peace in 
 and for the said District {or County, or as the case may 
 he,) that the name of J. S. to the within warrant sul> 
 scribed, is of the handwriting of the Justice of the Peace 
 within mentioned, I do therefore authorize U. T., who 
 bringeth me this warrant, and all other persons to whom 
 this warrant was originally directed, or by whom the same 
 may be lawfully executed, and also all Constables and 
 other Peace Officers in the said District {or County, or as 
 
 the case m^ay he) of , to execute the same within 
 
 the said District {or County, or as the case may he.) 
 
 Given under my hand, this day of , one 
 
 thousand eight hundred and . 
 
 ^ O.K. 
 
 (N. 4.) See s. 63. 
 
 constable's return to a warrant of DISTRESS. 
 
 I, W. T., Constable of , in the District {or County, 
 
 or as the case may he) of , hereby certify to J. S., 
 
 Esquire, one of Her Majesty's Justices of the Peace for 
 
 the District {or County, or as the case may be) of , 
 
 that by virtue of this Warrant I have made diligent search 
 for the goods and chattels of the within mentioned A. B., 
 51 
 
788 SUMMARY CONVICTIONS [PART III. 
 
 Chap. 108, and that I can find no suflScient goods or chattels of the 
 said A. B. whereon to levy the sums within mentioned. 
 
 Witness my hand, this day of — , one 
 
 thousand eight hundred and -. 
 
 W. T. 
 
 (N. 5.) See s. 63. 
 warrant of commitment for want of distress. 
 
 Canada, 
 Province of 
 
 District {or County, 
 or as the case may 
 be,) of . 
 
 To all or any of the Constables and other Peace Officers 
 in the District (or County, or as the case may be,) of 
 
 , and to the Keeper of the Common Gaol of 
 
 the said District {or County, or as the case may be,) 
 of , at , in the said District (or County) 
 
 of 
 
 Whereas («fec., as in, either of the foregoing Distress 
 Warrants, N 1, 2, fo the asterisks * , and then thus) : And 
 
 whereas afterwards on the d&y of ■ — , in the 
 
 year aforesaid, I, the said Justice, issued a Warrant to all 
 or any of the Constables or other Peace Officers of the 
 
 District (or County, or as the case may be,) of , 
 
 commanding them, or any of them,, to levy the said surns 
 
 of and by distress and sale of the goods 
 
 and chattels of the said A. B. ; And whereas it appears to 
 me, as well by the return to the said Warrant of Distress 
 by the Constable who had the execution of the same, as 
 otherwise, that the said Constable hath made diligent 
 search for the goods and chattels of the said A. B., but 
 that no sufficient distress whereon to levy the sums above 
 mentioned could be found ; These are therefore to command 
 you, the said Constables or Peace Officers, or any one of 
 you, to take the said A. B. and him safely to convey to 
 
 the Common Gaol at , aforesaid, and there deliver 
 
 him to the said Keeper, together with this Precept ; And I 
 do hereby command you, the said Keeper of the said Common 
 Gaol, to receive the said A. B, into your custody in the 
 said Common Gaol, there t(v imprison him (and keep him 
 
 at hard labor) for the space of , unless the said 
 
 several sums, and all the costs and charges of the said 
 distress (and of the commitment and conveying of the 
 
•'ttTLlE XXm.'] AND ORDERS .BY JUSTICES. 7S7 
 
 «aid A. B. to the said Common Gaol) amounting to the Chap. 103. 
 
 further sura of — ■ ^ shall be sooner paid unto you, the 
 
 ■said Keeper:; and for so doing this shall be your suflicient 
 warrant. 
 
 Given under my hand and seal, this day 
 
 •of , in the year of our Lord , at , in 
 
 the District (or Coanty, &r as the case may be,) aforesaid. 
 
 J. S. {l. s.] 
 
 (0.1.) Sees: 60. 
 
 WARRANT OF COMMITMENT tJPON A CONVICTION FOR A 
 PENALTY IN THE FIRST INSTANCE. 
 
 CaTiada, 
 I*rovince of 
 
 District {or County, 
 or as the case may 
 ■be,) of , 
 
 "To all or any of the Constables and other Peace Officers in 
 the said District (or County, or as the case m,ay be,) 
 
 of :, and to the Keeper of the Common Gaol of 
 
 the said District (pr County, or as the case may be,) 
 
 of — — , at , in the said District (or County) 
 
 of : 
 
 Whereas A. B., late of — , (laborer,) was on this 
 
 •day convicted befoi'e the undersigned, (one) of Her Majesty's 
 Justices of the Peace, in and for the said District (or 
 •County, or as the case may he,) for that (stating the offence 
 ■as in the conviotion), and it was thereby adjudged that the 
 said A. B. for his offence should forfeit and pay the sum 
 
 of , (&c., as in the conviction) and should pay to 
 
 the said C. D. the sum of — ; ^ for his costs in that 
 
 behalf; and it was thereby farther adjudged that if the 
 ■said several sums should not be paid (forthwith) the said 
 A. B. should be imprisoned in the Common Gaol of the 
 
 •said District (or County, or as the case may he,) at , 
 
 in the said District (or County) of , (and there kept 
 
 •at hard labor) for the space of , unless the said 
 
 several sums (and the costs and charges of conveying the 
 ■said A. B. to the said Common Gaol) should be sooner 
 paid ; And' whereas the time in and by the said conviction 
 ■appointed for the payment of the said several sums hath 
 ■elapsed, but the said A. B. hath not paid the same or any 
 part thereof ; but therein hath made default ; These are 
 therefore to command you, the said Constables or Peace 
 
788 SUMMARY CONVICTIONS [PART HI. 
 
 Chap. 103. Officers, or any one of you, to take the said A. B. and him 
 
 ~ safely to convey to the Common Gaol at aforesaid, 
 
 and there to deliver him to the said Keeper thereof, 
 together with this Precept : And I do hereby command 
 you, the said Keeper of the said Common Gg,ol, to receive 
 the said A. B. into your custody in the said Common Gaol, 
 there to imprison him (and keep him at hard labor) for 
 
 the space of , unless the said several sums (and 
 
 costs and charges of carrying him to the said Common 
 
 Gaol, amounting to the further sum of ), shall be 
 
 sooner paid unto you, the said Keeper ; and for your so 
 doing, this shall be your sufficient warrant. 
 
 Given under (my) hand and seal, this day of 
 
 , in the year of our Lord , at , in the 
 
 District (or County, or as the case may be) aforesaid. 
 
 J. S. [L. s.] 
 
 (0. 2.) See s. 60. 
 
 WARRANT OF COMMITMENT ON AN ORDER IN THE FIRST 
 
 INSTANCE. 
 
 Canada, 
 
 Province of 
 
 District (or County, I 
 or as the case maj/j 
 be,) of . 
 
 To all or any of the Constables and other Peace Officers in 
 the said District (or County, or as the case may be,) 
 
 of , and to the Keeper of the Common Gaol of 
 
 the District (or County, or as the case may be,) of 
 
 , at , in the said District (or County) 
 
 of : 
 
 Whereas on last past, complaint was made 
 
 before the undersigned, (one) of Her Majesty's Justices of 
 the Peace in and for the said District (or County, or as the 
 
 case may be,) of , for that (&c., cis in the order), 
 
 and afterwards, to wit, on the day of , at 
 
 , the parties appeared before me, the said Justice, 
 
 (or as it may be in the order), and thereupon having con- 
 sidered the matter of the complaint, I adjudged the said 
 
 A. B. to pay the said C. D. the sum of , on or before 
 
 the day of then next, and also to pay to the 
 
 said C. D. the sum of for his costs in that behalf ; 
 
 and I also thereby adjudged that if the said several sums 
 
 should not be paid on or before the day of 
 
 then next, the said A. B. should be imprisoned in the 
 
TITLE XXIII.J AND ORDERS BY JUSTICES. 789 
 
 Common Gaol of the District (or County, or as the case Chap. 10-3. 
 
 may he,) of , at , in the said County of , ~ 
 
 (and there to be kept at hard labor) for the space of 
 
 , unless the said several sums (and the costs and 
 
 charges of coiiveying the said A. B. to the said Common 
 Gaol, as ike case may he,) should be sooner paid ; And 
 ■whereas the time in and by the said order appointed for 
 the payment of the said several sums of money hath 
 elapsed, but the said A. B. hath not paid the same or any 
 part thereof, but therein hath made default : These are 
 therefore to command you, the said Constables and Peace 
 Officers, or any of you, to take the said A. B. and him 
 
 safely to convey to the said Common Gaol, at 
 
 aforesaid, and there to deliver him to the Keeper thereof, 
 together with this Precept : And I do hereby command 
 you, the said Keeper of the said Common Gaol, to receive 
 the said A. B. into your custody in the said Common Gaol, 
 there to imprison him {and keep him at hard labor) for 
 
 the space of , unless the said several sums (and the 
 
 costs and charges of conveying him to the said Common 
 
 Gaol, amounting to the further sum of ), shall be 
 
 sooner paid unto you the said Keeper ; and for your so 
 doing, this shall be your sutticient warrant. 
 
 Given under my hand and seal, this day of , 
 
 in the year of our Lord , at , in the District 
 
 (or County, or as the case Tnay be,) aforesaid. 
 
 J. S. [L. s.] 
 
 (Q. 1.) See s, 65. 
 
 WARRANT OF DISTRESS FOR COSTS UPON AN ORDER FOB 
 DISMISSAL OF AN INFORMATION OR COMPLAINT. 
 
 Canada, 
 Province of 
 
 District (or County, 
 or as the case may 
 be,) of . 
 
 To all or any of the Constables or other Peace Officers in the 
 isaid District (or County, or as the case may be,) of : 
 
 Whereas on last past, information was laid, (or 
 
 complaint was made) before , (one) of Her Majesty's 
 
 Justices of the Peace in and for the said District (or 
 
 County, or as the case ■m.ay he) of , for that (d&c, as 
 
 in the order of dismissal,) and afterwards, to wit, on , 
 
790" /SUMMARY CONTICTIONS [PART Iir., 
 
 Chap. IQg. at , both parties appearing before in order 
 
 that (7) should hear and determine the same, and the 
 several proofs adduced to (me) in that behalf being by (me), 
 duly heard and considered, and it manifestly appearing to- 
 (me) that the said information {or complaint) was not. 
 proved, (7) therefore dismissed the same and adjudged that. 
 
 the said C. D. should pay to the said A. B. the sum of , 
 
 foi' his costs incurred by him in his defence in that behalf- 
 and (7) ordered that if the said sum- for costs should not 
 ■be paid {forthwith) the same shbuld be levied on the goods, 
 and chattels of the said C. D., and (7) adjudged that in 
 default of sufficient distress in that behalf the said C. D. 
 should be imprisoned in the Common Gaol of the said- 
 District {or County, or as the case may be,), of , at. 
 
 , in the said District or County of , (and 
 
 there kept at hard labor) for the space of , unless. 
 
 the said sum for costs, and all costs and charges of the said 
 distress, and of the commitment and conveying of the said 
 A. B. to the said Common Gaol should be sooner paid j 
 * And whereas the said C. D. being now required to pay to 
 the said A. B. the said sum for costs, hath not paid the- 
 same or any part thereof, but therein hath made default ; 
 These are therefore to command you, in Her Majesty's , 
 name, forthwith to make distress of the goods and chattels. 
 
 6i the said C. D., and if within the space of days. 
 
 next after the making of such distress, the said last 
 mentioned sum, together with the reasonable charges of 
 taking and keeping the said distress, .shall not be paid,, 
 then that you do sell the said goods and chattels so by you 
 distrained, and do pay the money arising from such sale to 
 me {the Jtustice who made such order or dism,issal, as th& 
 case may be,) that (7) may pay and apply the same as by 
 law directed, and may render the overplus (if any) on 
 demand to the said C. D , and if no such distress can h& 
 found then that you certify the same unto me {or to 
 any other Justice of the Peace for the same District, (or^ 
 County, or as the case Tuay be,), to the end that such 
 proceedings may be had therein as to law doth appertain^ 
 
 Given under {m,y) hand and seal, this day of 
 
 , in the year of our Lord — ' ., at , in the 
 
 District (or County, or as the case may be,) aforesaid. 
 
 J.S. [L..S.1 
 
TITLE SXIII.] AND ORDEBS BT JUSTICES. 791 
 
 (Q.2.) Sees.Qo. Chap,_103. 
 
 WARRANT OF COMMITMENT FOR WANT OF DISTRESS IN THE 
 
 LAST CASE. 
 
 Canada, 
 
 Province of 
 
 District for County. 
 or as the case may\ 
 be,) of -. 
 
 To all or any of the Constables or Peace Officers in the said 
 
 District (or County, or as the case may be) of , 
 
 and to the Keeper of- the Common Gaol of the said 
 
 District (or County, or as the case may be,) of , 
 
 at , in the said District (or County) of : 
 
 Whereas (Sc, as in the last form to the asterisk * and 
 
 then thus:) And whereas afterwards, on the day of 
 
 , in the year aforesaid, I the said Justice, issued a 
 
 Warrant to all or any of the Constables or other Peace 
 Officers of the said District (or County, or as the case may 
 be.) commanding them, or an}' one of them, to levy the 
 
 said sum of for costs by distress and sale of the 
 
 goods and chattels of the said C. D. ; and whereas it 
 appears to me, as well by the return to the said Warrant 
 of Distress of the Constable (or Peace Officer) charged with 
 the execution of the same, as otherwise, that the said 
 Constable hath made diligent search for the goods and 
 chattels of the said C. D., but that no sufficient distress 
 whereon to levy the sum above mentioned could be found : 
 These are therefore to command you, the said Constables 
 and Peace Officers, or any one of you, to take the said 
 C. D. and him safely convey to the Common Gaol of the 
 the said District (or County, or as the case may be,) at 
 
 aforesaid, and there deliver him to the Keeper 
 
 thereof, together with this Precept : And I hereby command 
 you, the said Keeper of the said Common Gaol, to receive 
 the said C. D. into your custody in the said Common Gaol, 
 there to imprison him (and keep him at hard labor) for the 
 
 space of , unless the said sum, and all the costs and 
 
 charges of the said distress (and of the commitment and 
 conveying of the said C. D. to the said Common Gaol, 
 
 amounting to the further sum of ,) shall be sooner 
 
 paid up unto you the said Keeper ; and for your so doing 
 this shall be your sufficient warrant. 
 
 Given under my hand and seal, this day of , 
 
 in the year of our Lord , at , in the District 
 
 (or Countv, or as the case may be,) aforesaid. 
 
 J.S. [L.S.J 
 
792 summaey convictions [part ih. 
 
 Chap. 103. 
 
 (R) Sees. 76. 
 
 CERTIFICATE OF CLERK OF THE COURT THAT THE COSTS OF 
 AN APPEAL ARE NOT PAID. 
 
 OiBce of the Clerk of the County Court for the District (or 
 County, or as the case may be,) of : 
 
 (Title of the Appeal.) 
 
 I hereby certify that at a Term of the County Court, 
 
 holden at , in and for the said District (o7' County, 
 
 or as the case may he,) on last past, an appeal by 
 
 A. B. against a conviction (or order) of J. S., Esquire, one 
 of Her Majesty's Justices of the Peace in and for the said 
 District (or County, or as the case may he,) came on to be 
 tried, and was there heard and determined, and the said 
 Court thereupon ordered that the said conviction (or 
 order) should be confirmed (or quashed) and that the said 
 (appellant) should pay to the said (respondent) the sum of 
 
 for. his costs incurred by him in the said appeal, 
 
 and which sum was thereby ordered to be paid to the 
 Clerk of the County Court for the said District (or County, 
 
 or as the case m,ay he,) on or before the day of , 
 
 instant, to be by him handed over to the said (respondent), 
 and I further certify that the said sum for costs has not, 
 nor has any part thereof, been paid in obedience to the 
 said order. 
 
 Dated this day of , one thousand eight 
 
 hundred and . 
 
 G. H., 
 Clerk of the Court. 
 
 (S. 1.) /Sees. 76. 
 
 WARRANT OF DISTRESS FOR COSTS OF AN APPEAL AGAINST 
 A CONVICTION OR ORDER. 
 
 Canada, 
 
 Province of 
 
 District (or County,! 
 or as the case mayi 
 he,) of . 
 
 To all or any of the Constables or other Peace Officers in 
 the said District (or, County, or as the case may be,) 
 of . 
 
 Whereas (&c., as in the warrants of distress, N. 1, S, 
 ante, and to the end of the statement of the conviction or 
 
TITLE XXIII.] AND ORDERS BY JUSTICES. 793 
 
 order, and then thus) : And whereas the said A. B. appealed Chap. 103. 
 
 to the County Court for the said District (or County, or 
 
 as the case may be,) against the said conviction or order, 
 
 in which appeal the said A. B. was the appellant, and the 
 
 said C. D. (or J. S., Esquire, the Justice of the Peace who 
 
 made the said conviction or order), was the respondent, 
 
 and which said appeal came on to be tried and was heard 
 
 and determined at the last term of said Court for the said 
 
 District (or County, or as the case may be,) holden at 
 
 , on ; and the said Court thereupon ordered • 
 
 that the said conviction (or order) should be confirmed 
 (or quashed), and that the said (appellant) should pay to 
 
 the said (respondent) the sum of — for his costs 
 
 incurred by him in the said appeal, which said sum was 
 to be paid to the clerk of the Court for the said District 
 
 (or County, or as the case may be,) on or before the 
 
 day of , one thousand eight hundred and , to 
 
 be by him handed over to the said C. D. ; and whereas the 
 clerk of the Court of the said District (or County, or as 
 
 the case may be,) hath, on the day of instant, 
 
 duly certified that the said sum for costs had not been 
 paid ; * These are therefore to command you, in Her 
 Majesty's name, forthwith to make distress of the goods 
 and chattels of the said A. B., and if within the space 
 
 of days next after the making of such distress, the 
 
 said last mentioned sum, together with the reasonable 
 charges of taking and keeping the said distress, shall not 
 be paid, that then you do sell the said goods and chattels 
 so by you distrained, and do pay the money arising from 
 such sale to the clerk of the County Court for the said 
 
 District (or County, or as the case may be,) of , 
 
 that he may pay and apply the same as by law directed ; 
 and if no such distress can be found, then that you certify 
 the same unto me or any other Justice of the Peace for 
 the same District (or county, or as the case m,ay be,) to the 
 end that such proceedings may be had therein as to law 
 doth appertain. 
 
 Given under my hand and seal, this day of 
 
 , in the year of our Lord , at , in the 
 
 District (or, County, or as the case may be,) aforesaid. 
 
 O.K. [L. s.] 
 
794 summary convictions [part iii. 
 
 Chap. 103. 
 
 • (S. 2.) Sees. 76. 
 
 WARRANT OF COMMITMENT FOR WANT OF DISTRESS IN THE 
 LAST CASE. 
 
 Canada, 
 Province of 
 
 District (or County, 
 or, as the case may | 
 be,) of . 
 
 To all or any of the Constables or other Peace Officers in 
 the said District (or County, or as the case may be,) 
 
 of , and to the Keeper of the Common Gaol of 
 
 the said District (or County, or as the case m,ay be,) 
 of , at , in the said County of . 
 
 Whereas (&c., as in the last form to the asterisk * , and 
 
 then thus :) And whereas, afterwards, on the day 
 
 of , in the year aforesaid, I, the undersigned, issued 
 
 a Warrant to all or any of the Constables and other Peace 
 Officers in the said District (or County, or as the case may 
 
 be,) of , commanding them, or any of them, to levy 
 
 the said sum of , for costs, by distress and sale of 
 
 the goods and chattels of the said A. B. : And whereas it 
 appears to me, as well by the return to the said Warrant 
 of Distress of the Constable (or Peace Officer), who was 
 charged with the execution of the same, as otherwise, that 
 the said Constable hath made diligent search for the 
 goods and chattels of the said A. B., but that no sufficient 
 distress whereon to levy the said sum above mentioned 
 could be found ; These are therefore to command you, the 
 said Constables or Peace Officers, or any one of you, to 
 take the said A. B. and him safely to convey to the 
 Common Gaol of the said District (or county, or as the 
 
 case m,ay be,) of , at aforesaid, and there 
 
 deliver him to the said Keeper thereof, together with this 
 Precept: And I 'do hereby command you, the said Keeper 
 of the said Common Gaol, to receive the said A. B. into 
 your custody in the said Common Gaol, there to imprison 
 
 him (and keep him, at hard labor-) for the space of — . 
 
 unless the same sum and all costs and charges of the said 
 distress (and for the commitment and conveying of the 
 said A. B. to the said Common Gaol, amounting to the 
 
 further sum of ,) shall be sooner paid unto you, the 
 
 said Keeper, and for so doing this shall be your sufficient 
 warrant. 
 
TITLE XXlil.] AND ORDERS BY JUSTICES. 795 
 
 Given under ray hand and seal, this day of , Chap. 103. 
 
 in the year of our Lord , at , in the District "" 
 
 (or County, or as the case may be,) aforesaid. 
 
 J.N. [L. s.] 
 
 T. 
 
 GENERAL FORM OF INFORMATION OR OF COMPLAINT ON 
 
 OATH. 
 
 Canada, 
 
 Province of 
 
 District (or County, 
 or as the case may I 
 he,} of . 
 
 The information (or complaint) of C. D. of the Township 
 
 of , in the said Distiict (or County, or as the case 
 
 Tnay be,) of , (laborer). (If preferred by an attorney 
 
 or agent say : D. E., by his duly authorized Agent [or 
 attorney,] in this behalf) taken upon oath before me, the 
 undersigned, one of Her Majesty's Justices of the Peace, 
 in and for the said District (or County, or as the case m,ay 
 
 he,) of , at N., in the said District (County, or as the 
 
 ease may be) of , this day of , in the 
 
 year of our Lord one thousand eight hundred and , 
 
 who saith * that [he hath just cause to suspect and believe, 
 and doth suspect and believe, that] A. B., of the (Township} 
 
 of — , in the said District (or County, as the case 
 
 •may be) of , within the space of , (the 
 
 time xuithin which the information or complaint 7nust 
 
 be laid.) last past, to wit, on the day of ,. 
 
 instant, at the (Township) of , in the District 
 
 (or County, or as the case m,ay be,} aforesaid, did 
 (here set out the act, offence, &c.,) contrary to the form of 
 Statute in such case made and provided, and that the said 
 A. B. is about to leave the Province and may escape 
 punishment. 
 
 C. D. (or D. E.) 
 
 Taken and sworn before me, the day and year and afe 
 the place above mentioned. 
 
 J. S. , 
 
796 SUMMARY CONVICTIONS [PART III. 
 
 '- -'form of order of DISMISSAL OF AN INFORMATION OR 
 
 COMPLAINT. 
 
 Canada, 
 Province of 
 
 District (or, County, 
 or, as the case rnay | 
 be,) of 
 
 Be it remembered, That on , information was laid 
 
 (or complaint was made) before the undersigned, (one) of 
 Her Majesty's J^ustices of the Peace in and for the said 
 
 District (or County, or as the case may be) of , for 
 
 that , (<&c., as in the summons of the defendant), and 
 
 now at this day, to wit, on , at , (if at any 
 
 adjournment insert here : " To which day the hearing of 
 this case hath been duly adjourned, of which the said C. D. 
 had due notice,") both the said parties appear before me 
 in order that I should hear and determine the said 
 information (or complaint), [or the said A. B. appeareth 
 before me, but the said C D., although duly called, doth 
 not appear] ; whereupon the matter of the said information 
 [or complaint] being by me duly considered, it manifestly 
 appears to me that the said information (or complaint) is 
 not proved, and (if the informant [or complainant] do not 
 appear these tvords may he omitted), I do therefore dismiss 
 the same, (and do adjudge that the said C. D. do pay to 
 
 the said A. B. the sum of for his costs incurred by 
 
 him in defence in his behalf ; and if the said sum for costs 
 
 be not paid forthwith, (or on or before ), I order 
 
 that the same be levied by distress and sale of the goods 
 and chattels of the said C. D., and in default of sufficient 
 distress in that behalf, I adjudge the said C. D. to be 
 imprisoned in the Common Gaol of the said District (or 
 
 County, as the case may he) of , at , in the 
 
 said (County) of , (and there kept at hard labor) for 
 
 the space of , unless the said sum for costs, and all 
 
 costs and charges of the said distress (and of the commit- 
 ment and conveying of the said C. D. to the said Common 
 Gaol) shall be sooner paid. 
 
 Given under my hand and seal, this day of , 
 
 in the year of our Lord , at , in the District 
 
 (or County, or as the case may be,) aforesaid. 
 
 J. S. [L. S.] 
 
TITLE XXIII.] AND OEDEES BY JUSTICES. 797 
 
 FOEM OF CEETIFICATE OF DISMISSAL. CHAP. 103. 
 
 I hereby certify that an information {or complaint) 
 preferred by C. D. against A. B. for that (&c., as in the 
 Summons) was this day considered by me, one of Her 
 Majesty's Justices of the Peace in and for the said District 
 
 {or County, as the case may be,) of , and was by 
 
 me dismissed (with costs). 
 
 Dated this day of , one thousand •. 
 
 J. S. 
 
 GENEEAL FOEM OF NOTICE OF APPEAL AGAINST A 
 CONVICTION OE OEDEK. 
 
 To C. D. of, &c., and {the names and additions of 
 
 the parties to whom the notice of appeal is required to 
 be given.) 
 
 Take notice that I, the undersigned A. B., of (&c.,) do 
 intend to enter and prosecute an appeal at the next term 
 
 of the County Court, to be holden at , in and for 
 
 the District {or county, or as the case viay be,) of , 
 
 against a certain conviction {or order), bearing date on or 
 
 about the day of instant, and made by 
 
 (you) C. D., Esquire, {one) of Her Majesty's Justices of 
 the Peace for the said District {or County, or as the case 
 
 may be), of , whereby the said A. B. was convicted 
 
 of having {or was ordered) {here state the act or 
 
 offence as in the conviction, order, information or summons, 
 as correctly as possible.) And further, take notice that 
 the grounds of my appeal are, first, that (I am not guilty of 
 the said offence ; secondly, that the formal conviction 
 drawn up is not in law sufficient to support the said 
 conviction of me, the said A. B.,) {together with any 
 other grounds, care being taken that all are stated, as the 
 appellant will be precluded from going into any other 
 than those stated.) 
 
 Dated this day of ^, one thousand eight 
 
 hundred and . 
 
 A. B. 
 
 Mem.— 7/ this notice he given by several Defendants, or 5j/ an Attorney, it can 
 easily be adapted to the special ease. 
 
 FOEM OF EECOGNIZANCE TO TEY THE APPEAL, &C. 
 Be it remembered, That on , A. B., of 
 
 {laborer,) and L. M., of , {grocer,) and N. 0., of 
 
 , {yeoman,) personally came before the undersigned 
 
 {one) of Her Majesty's Justices of the Peace in and for 
 
798 SUMMARY CONVICTIONS AND ORDERS BY JUSTICES. [PART HI. 
 
 Chap. 103. the said District {or County, or as the case may he), of 
 
 — -, and severally acknowledged themselves to owe to 
 
 our Sovereign Lady "the Queen the several sums following, 
 that is to say : the said A. B. the sum of -— — and the 
 
 said L. M. and N. 0, the sum of — each, of good and 
 
 lawful money of Canada, to be made and levied of their 
 several goods and chattels, lands and tenements respectively, 
 to the use of our said Lady the Queen, her heirs and 
 successors, if he, the said A. B., shall fail in the condition 
 endorsed. 
 
 Taken and acknowledged the day and year first above 
 mentioned at ^— , before me. J- S. 
 
 The condition of the within written Recognizance is 
 such, that if the said A. B. shall, at the {next) term of the 
 
 County Court, to be holden at -, on the — day 
 
 of next, in and for the said District {or County, or 
 
 as the case may he) of — , enter and prosecute an 
 
 appeal against a certain conviction bearing date the 
 
 day of instant, and made by (me) the said justice, 
 
 whereby he, the said A. B., was convicted, for that he, the 
 said A. B., did on the day of , at the town- 
 ship of — , in the said District {or County, or as the 
 
 case may he,) of , {her^ set out the offence or act as 
 
 stated in the conviction:) And further, that if the said 
 A. B. shall abide by and duly perform the order of the 
 Court to be made upon the trial of such appeal, then the 
 said Recognizance to be void, or else to remain in full 
 force and virtue. 
 
 FORM OF NOTICE OF SUCH RECOGNIZANCE TO BE GIVEN TO 
 THE DEFENDANT (APPELLANT) AND HIS SURETIES. 
 
 Take notice, that you, A. B., are bound in the sum of 
 
 ■ , and you, L. M. and N. 0. in the sum of ' 
 
 each, that you the said A. B. at the next term of the 
 
 County Court, to be holden at , in and for the said 
 
 District {'or County, or as the case may he,) of , 
 
 enter and prosecute an appeal against a conviction {or 
 
 order) dated the day of , {instant} whereby 
 
 you, A. B., were convicted of {or ordered, &c.,) {stating act 
 or offence or the suhject. of the order shortly), and abide by 
 and perform the order of the Court to be made upon the 
 trial of such appeal ; and unless you, the said A. B. 
 prosecute such appeal accordingly, the recognizance entered 
 into by you will forthwith be levied on you, and each of 
 you. 
 
 Dated this day of ", one thousand eight 
 
 hundred and . 
 
TITLE XXIII.] SUPREME COURT AND PROCEDURE THEREIN. 799 
 
 Ohap. 104. 
 CHAPTER 104. 
 
 OF THE SUPREME COURT AND PROCEDURE THEREIN. 
 
 THE NOVA SOOTIA Jt^DICATUBE ACT, 1884. 
 
 1. This Chapter may be cited as "The Nova Scotia shott title. 
 Judicature Act, 1884." 
 
 OONSTITUTION OF TUE SUPREME OOtJRT. 
 
 2. The Supreme Court of Nova Scotia, as constituted one supreme 
 on the nineteenth day of April, A. D. 1884, includes thetu™, °inoiudu?g 
 Equity Court or Court of the Judge in Equity, and, ^«"*y °°"^' 
 whether administering common law or equity, constitutes 
 and shall continue to constitute one Supreme Court of 
 Judicature for Nova Scotia. 
 
 (1.) The Bench of the Supreme Court shall be composed Bench of sn- 
 of a Chief Justice and six other Judges, including the J udge ^™'"* 
 in Equity. When a vacancy shall occur in the office of 
 Judge in Equity the said Supreme Court Bench shall be 
 composed of a Chief Justice and six other Judges. 
 
 (2.) No person shall be appointed a Judge of the Judges, qnaim- 
 Supreme Court unless he shall have been a resident banister °°' '° ^ °' 
 of the Province for ten years, and shall have been practising 
 as such for five years before such appointment, or shall 
 have held office as a county court judge in the Province. 
 
 (3.) The Judges of the Supreme Court shall hold no judges, what 
 other offices under Government, except those of the Judge offlges^^^hey 
 of the Court of Vice Admiralty and Deputy Judge thereof, ™'*y '^o''^- 
 and Judge Ordinary of the Court for Divorce and Matri- 
 monial Causes. 
 
 (4.) The persons hereafter appointed to fill the places '"i^^e'.. how to 
 of the Chief Justice and other Judges of the Supreme Court ^''p^"'" 
 and their successors respectively, aref to be appointed by the 
 authority mentioned in the British North America Act, 
 and with the same title as heretofore. 
 
 (.5.) Save as in this Act is otherwise expressly judges to have 
 provided, all the Judges of the Supreme Court hereinbefore *'"*' p"""'""' 
 mentioned, and their successors, shall have in all reispects 
 equal power, authority and jurisdiction. 
 
800 SUPREME COURT AND PROCEDURE THEREIN. [PART III. 
 
 Chap. 104 (6.) The Chief Justice for the time being of the 
 Precedence of Supreme Court shall be entitled to precedence over all the 
 Chief Justice. Qj-j^g^. Judges thereof. The present Judge in Equity shall 
 Judge in Equity, continue to hold the title of Judge in Equity while he 
 title, &o., of. remains a Judge of the Supreme Court, after which the 
 office, title, and distinction shall be abolished. 
 
 Judges' preoe- (7.) The Judges of Said Supreme Court and their 
 denoe, respective successors in office shall be entitled to have, and 
 
 shall have, precedence next after the Chief Justice, accord- 
 ing to seniority of appointment. 
 
 Judges' oath of 3. The oath to be taken by the Judges to be hereafter 
 
 "*<=«• appointed shall be the following : — " I do solemnly and 
 
 sincerely promise and swear, that I will duly and faithfully, 
 
 and to the best of my skill and knowledge, execute the 
 
 powers and trusts reposed in me as . So help me 
 
 God." 
 
 oathof office, by 4. The oath is to be administered to the Chief Justice 
 whom adminis- jjjj^ ^j^g Other Judges by the Lieutenant-Governor, or such 
 person as may be appointed by him to administer the same ; 
 or by any person who may be appointed by the Governor- 
 General to administer oaths of office. 
 
 Saving of rights 5. Every existing Judge is, as to all matters within the 
 S?*^ eST™ '-'^g^^^^'^^^^ authority of this Province, to remain in the 
 Judges. same condition as if this Act had not passed, except as 
 
 is herein otherwise provided ; and subject to the provisions 
 of this Act, each of the said existing Judges shall be 
 capable of performing, and liable to perform, all duties 
 which he would have been capable of performing or liable 
 to perfoim if this Act had not passed. 
 
 Provision for 6. If in any case not expressly provided for by this 
 
 di™.^'' duties"; ^ct & liability to any duty, or any authority or power, 
 Judges. not incident to the administration of justice, shall have 
 
 been conferred by any statute or law on the Judges or any 
 Judge of the Court (save as hereinafter mentioned), every 
 Judge of the said Supreme Court shall be capable of 
 performing and exercising, and shall be liable to perform 
 and be empowered to exercise, every such duty, authority 
 and power, and as if he had been duly appointed the 
 successor of a Judge liable to such duty or possessing such 
 authority or power, before the nineteenth day of April, 
 A. D. 1884. Any such duty, authority or power, imposed 
 or conferred in any such case as aforesaid upon the Chief 
 Justice of the Supreme Court, shall continue to be performed 
 and exercised by him and by his successor and successors, in 
 the same manner as if this Act had not passed. 
 
TITLE XXni.] JUDICATrRE ACT, 1884. 801 
 
 7. The Lieutenant-Governor-in-Council may from time Chap. 104. 
 to time determine and declare the seal to be used in the seai of supreme 
 Supreme Court, and by which its proceedftigs shall be*^™"*- 
 certified and authenticated ; and until another seal for the 
 Supreme Court is established, the seal in use in the 
 Supreme Court up to the first day of October, A. D. 188f, 
 
 may be used therefor. 
 
 JUBISDICTION OF THE SUPEEME COmBT. 
 
 8. The Supreme Court of Nova Scotia shall continue jurisdiction ot 
 to be a court of record, and, subject to the provisions of 0^^^ o^^Nova 
 this Act, shall continue to have and exercise the jurisdiction ®™''*-" 
 which, immediately preceding the first day of October, 
 
 A. D. 1884, was vested in, or capable of being exercised by, 
 the Supreme Court and the Court of the Equity Judge ; 
 and shall be deemed to be and shall be a continuation of 
 the said Courts (subject to the provisions of this Act), under 
 the name of " The Supreme Court of Nova Scotia." 
 
 (1.) The Supreme Court shall have within this Powers, wiiat to 
 Province the same powers as were formerly exercised by '"°'""'^" 
 the Courts of Queen's Bench, Common Pleas, Chancery, and 
 Exchequer, in England ; and also such and the same powers 
 as were on the nineteenth day of April, A. D. 1884, exercised 
 in England by the Supreme Court of Judicature, save 
 in r*;pect of Probate and Surrogate Courts. 
 
 (2.) The jurisdiction aforesaid shall include (subject to Jurisdiction, 
 the exceptions hereinafter contained) the jurisdiction,'^''*"""""" °" 
 which, immediately preceding the first day of October, 
 A. D. 1884, was vested in or capable of being exercised by 
 all or any one or more of the Judges of the said Supreme 
 Court of Nova Scotia, sitting in Court or Chambers, or 
 elsewhere, when acting as Judges or a Judge in pursuance 
 of any statute, or by common law, or otherwise, and all 
 powers given to any such Court, or to any such Judges or 
 Judge by any statute or law, and also all ministerial powers, 
 duties and authorities incident to any and every part of 
 the jurisdiction aforesaid, as well civil as criminal. 
 
 9. On and after the first day of October, A. D. 1884, Jurisdiction to 
 the several jurisdictions vested in the said Supreme Court nlnre''%™''"su" 
 shall cease to be extercised except in the name of said p''*™^ °°"'^-" 
 
 " Supreme Court," as provided by this Act, save as is 
 otherwise in this Act provided. 
 
 10. In all actions, causes, matters and proceedings Provisions as to 
 whatsoever, which shall have been heard, .and in which SeS!"'^ *"""" 
 judgment shall not have been given, or having been given, 
 
 shall not have been signed, drawn up, passed, entered, 
 or otherwise perfected before the first day of October, A. D., 
 J2 
 
802 SUPREME COURT AND PROCEDURE THEREIN. [PART III. 
 
 Chap. 104. 1884 ; such judgment, decree, rule or order may be given or 
 
 " made, signed, drawn up, passed, entered, or perfected 
 
 respectively, on or after tlie said first day of October and 
 
 by the same Judges and ofBcers, and generally in the same 
 
 manner in all respects as if this Act had not passed ; and 
 
 the same shall take effect, to all intents and purposes, as if 
 
 the same had been duly perfected before the said first day 
 
 of October. 
 
 Provision in case (1.) Every judgment, decree, rule or order of the 
 
 i"?Kd'More Supreme Court, whether at common law or in equity, 
 
 let o£ October, Yvhich shall have been duly perfected at any time before 
 
 the first day of October, A. D. 1884, may be executed and 
 
 enforced, and, if necessary, amended or discharged by the 
 
 Supreme Court, in the same manner as if it had been a 
 
 judgment, decree, rule or order of the said Supreme Court, 
 
 When cause made on or after the said first day of October. And all 
 
 pending. causes, matters and proceedings, whatsoever, which shall 
 
 be pending in the Supreme Court, whether at law or in 
 
 equity, on the said first day of October, shall be continued 
 
 and concluded in and before the said Supreme Court ; and 
 
 the said Supreme Court shall have jurisdiction for so 
 
 continuing and concluding matters criminal as well as civil. 
 
 Form and man- (2.) So far as relates to the form and manner of 
 
 of such'causes.'^ procedure, such causes, matters and proceedings, or any of 
 
 them, shall be continued and concluded, in and before the 
 
 said Supreme Court, as shall be directed by Rules or Orders 
 
 of Court made under the authority of this Act. 
 
 Provision as to H. The jurisdiction of the Supreme Court shall be 
 
 ^otton.^ ° ''"™ exercised in the manner provided in this Act, or by such 
 
 Rules and Orders of Court as may be made or passed 
 
 pursuant to this Act ; and where no special provision is 
 
 contained in this Act or in any such Rules or Orders of 
 
 Court with reference thereto, it shall be exercised, as nearly 
 
 as may be, in the same manner as the same might have 
 
 been exercised if this Act had not been passed. 
 
 Rules of Law. 
 
 Law and equity 12. In every civil cause or matter commenced in the 
 
 rentiy adminis- Supreme Court, law and equity shall be administered 
 
 tered. therein, according to the Rules following : — 
 
 Equities of plain- (1.) If any plaintitf or petitioner claims to be entitled 
 
 to any equitable estate or right, or to relief upon any 
 
 equitable ground against any deed, instrument or contract, 
 
 or against any right, title, or claim whatsoever, asserted by 
 
 any defendant or respondent in such cause or matter, or to 
 
 any relief founded upon a legal right which heretofore 
 
 could only have been given by a Court of Equity, the said 
 
 Supreme Court and every Judge thereof, shall give to svich 
 
•*«■!£ ItXilI,] JUDlCATtTR-E ACT, 1884. "80^ 
 
 plaintiff or petitioner such and the same relief as ought to Chap. 104 
 liave Ireen given by the Court of the Equity Judge or the 
 English Court of Chancery, when the same existed, in a 
 «uit or proceedings for the same or the like purpose 
 properly instituted before the nineteenth day of Aprii, 
 A. D. 188*. 
 
 (2.) If any defendant claims to be entitled to any^qmtjes « de- 
 •equitable estate or right, or to relief upon any equitable 
 ground against any d«ed, instrument or contract, or against 
 ^ny right, title or claim, asserted by any p'laintiff ot 
 petitioner in such cause or matter, or alleges any ground 
 •of equitabk defence to any claim of the plaintiff or 
 petitioner in such cause or matter, the said Supreme Court 
 ^nd every Judge thereof shall give to every equitable 
 -estate, right or ground of relief so claimed, and to every 
 ■equitabie defence so alleged, such and the same effect by 
 way of defence against the claim of such plaintiff or 
 petitioner as the Court of the Equity Judge or said Court of 
 Ohancerj'^ ought to have given, if the same or th« like 
 matters had Ijeen relied on by way of defence in any suit 
 or proceeding instituted in either of these Courts, for the 
 «ame or the like purpose, before the nineteenth day &i 
 April, A. D. 1884. 
 
 (3.) The said Supreme Court and every Judge thereof coantet claims 
 snall also have power to grant to any derendant m respect tiea. 
 to any equitable estate or right, or other matter of equity, 
 ®,nd also in respect of any legal estate, right, or title 
 claimed or asserted by him, all such relief against any 
 plaintiff or petitioner as such defendant shall have properly 
 claimed by his pleading, and as the said Court existing 
 immediately preceding the first day of October, A. D. 1884, 
 or any Judge thereof, might have granted whether at law 
 or in equity in any suit instituted for that purpose by 
 the same defendant against the same plaintiff or petitioner; 
 and also all such relief relating to or connected with the 
 original subject of the cause or matter, and in like manner 
 ■claimed against any other person, whether already a party 
 to the same cause or matter or not, who shall have been 
 duly served with notice in writing of such claim, pursuant 
 to any rule of Court or any order of the Court, as might 
 properly have been granted against such person if he had 
 been made a defendant to a cause duly instituted by the 
 same defendant for the like purpose ; and every person 
 served with any such notice shall thenceforth be deemed a 
 party to such cause or matter, with the same rights in 
 respect of his defence against such claim as if he had been 
 duly sued in the ordinary way by such defendant. 
 
804 
 
 SUPEKME COURT AND PROCEDURE THEREIN. [PAET III, 
 
 Chap. 104. (4.) 
 
 Equities appear- SnaU 
 ing incidentally. (;it;lgg 
 
 Defence or stay 
 of proceedings 
 instead of in- 
 junction or 
 prohibition. 
 
 Common law 
 and statutory 
 
 rights 
 duties. 
 
 and 
 
 Complete justice 
 
 to be done in (Miction 
 
 every case as far 
 
 as possible. 
 
 The said Supreme Court and every Judge thereof 
 and take notice of all equitable estates, 
 and rights, and all equitable duties and liabilities 
 appearing incidentally in the course of any cause or matter, 
 in the same manner in which the Court of the Equity Judge, 
 or the aforesaid Court of Chancery would have recognized, 
 and taken notice of the same, in any suit or proceeding 
 duly instituted therein before the nineteenth day of April, 
 A.D. 1884. 
 
 (5.) No cause or proceeding at any time pending in 
 the said Supreme Court shall be restrained by prohibition 
 or injunction, but every matter of equity on which an 
 injunction against the prosecution of any such cause or 
 proceeding might have been obtained if this Act had 
 not passed, either unconditionally or on any terms or 
 conditions, may be relied on by way of defence thereto. 
 Provided always that nothing in this Act contained shall 
 disable the said Supreme Court or any Judge thereof from 
 directing a stay of proceedings in any cause or matter 
 pending before said Court or Judge if it or he shall think 
 fit ; and any person, whether a party or not to any such 
 cause or matter, who would have been entitled, if this 
 Act had not passed, to apply to the Court or a Judge 
 thereof to restrain the prosecution, thereof, or who may be 
 entitled to enforce by attachment or otherwise any 
 judgment, decree, rule or order, contrary to which all or 
 any part of the proceedings in such cause or matter may 
 have been taken, shall be at liberty to ^ply to said 
 Supreme Court or any Judge thereof by motion in a 
 .summary way for a stay of proceedings in such cause or 
 matter, either generally or so far as may be neces.sary for 
 the purposes of justice ; and the Couit or Judge shall 
 thereupon make such order as may be just. 
 
 (6.) Subject to the aforesaid provisions for giving 
 effect to equitable rights and other matters of equity in 
 manner aforesaid, and to the other express provisions of 
 this Act, the said Supreme Court and every Judge 
 thereof shall recognize and give effect to all legal claim.s 
 and demands, and all estates, rights, duties, obligations and 
 liabilities existing by the common law or created by any 
 statute, in the same manner as the same would have been 
 i-ecognized and given effect to if this Act had not 
 passed, by the said Supreme Court either at law or in 
 equity. 
 
 (7.) The Supreme Court in the exercise of the juris- 
 vested therein by this Act, in every cause or 
 matter pending before said Court, shall have power to grant, 
 and shall grant, either absolutely or on such reasonable 
 
TITLE XXIII. J JUDICATURE ACT, 1884. 805 
 
 terras and conditions as to said court shall seem just, all Chap. 104. 
 such remedies whatsoever, as any of the parties thereto 
 may appear io be entitled to in respect of any and every 
 legal or equitable claim properly brought forward by 
 them respectively in such cause or matter, so that as far as 
 possible all matters so in controversy between the said 
 parties respectively, may be completely and finally deter- 
 mined, and all multiplicity of legal proceedings concerning 
 any of such matters, avoided. 
 
 13. (1.) No claim of a cestui que trust eussdnst his statute of umi- 
 
 j. , i; till ii • tations mapph- 
 
 trustee, tor any property held on any express trust,- or in caWe to express 
 respect of any breach of such trust, shall be held to be*™^*^ 
 barred by any Statute of Limitation. 
 
 (2.) An estate for life without impeachment of waste ^<!"'t»we waste. 
 shall not confer or be -deemed to have conferred upon the 
 tenant for life any legal right to commit waste of the 
 description known as equitable waste, unless an intention 
 to confer such right shall expressly appear by the 
 instrument creating such estate. 
 
 (3.) There shall not, on and after the first day of Merger. 
 October, A. D. 1884, be any merger by operation of law 
 only of any estate, the beneficial interest in which would 
 not be deemed to be merged or extinguished in equity. 
 
 (4.) A mortgagor entitled for the time being to the suits for re- 
 possession or the receipt of the rents and profits of anyrents7&o.,'"by 
 land, as to which no notice of his intention to take ""°''^*^°"'' 
 possession or to enter into the receipt of the rents and 
 profits thereof shall have been given by the mortgagee, 
 may sue for such possession, or distrain for the recovery 
 of such rents or profits, or to prevent or recover damages 
 in respect of any trespass or other wrong relative thereto, 
 in his own name only, unless the cause of action arises 
 upon a lease or other contract made by him jointly with 
 any other person, and in that case he may sue or distrain 
 jointly with such other person. 
 
 (5.) In case of an assignment of a debt or other chose ^^^jenmeut^^ oi 
 in action, if the debtor, trustee, or other person liable inin action. 
 respect of such debt or chose in action shall have had 
 notice that such assignment is disputed by the assignor or 
 any one claiming under him, or of any other opposing 
 or conflicting claims to such debt or chose in action, he 
 shall be entitled if he think fit to call upon the several 
 persons making claim thereto to interplead concerning the 
 same, or he may if he think fit pay the same into the 
 Supreme Court, upon obtaining a Judge's order therefor, to 
 abide the determination of the Supreme Court in respect 
 thereof. 
 
80& SUPEESTE COURT AFD PROCEDURE THEEEIK. [PAET Iirv 
 
 Chap. 104. (6.) Stipulations in contract, as to time or otherwise,, 
 stspuiations not wbich would not before the nineteenth day of April; 
 MntaeT""^"'^- D. 1884, have been deemed to be, or to have become, of 
 the essence of .<-uch contracts, in a Cfeurt of Equity, shalE 
 receive in the Supreme Cburt the same construction and 
 eflFect as they would previously thereto have received in 
 equity. 
 Wandwntia, in- (7.) A mandamus or an injunction may be grantecr 
 Sve?i °^* or a receiver appointed by an interlocutory order of the- 
 Court, in all cases in which it .shall appear to the Court to- 
 be just or convenient that such order shou-ld be made ;; 
 and any such order may be made either unconditionally or 
 upon such terms and conditions as the Court shalT thinfc 
 just; and if an injuncti-on is- asked, either before or at or 
 after the hearing of any cause or matter, to prevent any 
 threatened or apprehended waste or trespass, such injunction 
 may be granted if the Court shouldi think fie, whether the- 
 person against whom such injunction is sought is or is not 
 in possession under any claim of title or otherwise, or (if 
 out of possession) does or does not claim a right to do the- 
 act sought to be restrained, under any color of title; and 
 whether the estates claimed by both 6>r by either of the- 
 parties are legal or equitable. 
 eaatody of in- (8.) In questions relating to- the eustody and educations 
 **"'^" of infants, the rules of equity shall prevail. 
 
 Cases of conflict (9.) Generally, in aM matters not hereinbefore particu- 
 no enumera e ^^^^y menticBed, in which there is any conflict or variance- 
 between the rules of equity and the rules of the common 
 law, with reference to the sam« matter,, the rutesof equity- 
 shall prevail. 
 
 SIITINGS AND DISajRlBUTION. OP BUSINESS... 
 
 ^iboiitiion of 14. The division of the legal year into Terras ia 
 
 weaauKa'oUime abolished, SO far as relate.^ to the administration of justice ;; 
 and there shall not be terms applicable to any sitting or 
 business of the Supreme Court, but in all- cases in which,, 
 under the law now existing, the terms into- which the legal 
 year is divided are used as a measure for determining the 
 time at or within which any act is required to, be done,, 
 the same may continue to be referred to for the same or 
 the like purpose, unless and until" provision is otherwise 
 made by any lawful authority. 
 sittanga of Court 15. Subject to Rules of Court, the Supreme Court and 
 the Judges thereof respectively, shaM have power to sit 
 and act at any time and sit any place, for the transaction, 
 of any part of the business of sa<:h Court or of such Judge,, 
 or for the discharge of any duty which, by any statute or- 
 otherwise^ is required to be discharged during or a.ftec tecia^ 
 
TITLE XXIII.] JUDICATURE ACT, 1884. 807 
 
 16. All causes and matters in the Supreme Court shall Chap. 104. 
 he distributed among the several Judges of the said Supreme Euiesof conrtto 
 Court m such manner as may from time to time be p";^"^^;^ ^"j"^^: 
 determined by any rules of Court, or orders of transfer, less. 
 
 to be made under the authority of this Act. Every Documents to be 
 document by which any cause or matter shall be com- °^'''^'*' 
 menced in the said Supreme Court shall be marked with 
 the name of the said Court. It shall not be necessary in 
 order to confer jurisdiction on any Judge that any rule or 
 order of transfer be made. 
 
 (1.) All interlocutory and other steps and proceedingsinteiioeutory 
 in or before the said Supreme Court, in any cause or matter low dealt witSf' 
 subsequent to the commencement thereof, shall be dealt 
 with and disposed of under and by virtue of the Rules of 
 Court in that behalf. 
 
 17. The Judge to be selected for the trial of any judge Jor the 
 election petition for Nova Scotia in each year, under the*{i,otion petj.®- 
 provisions of Chapter 5 of the Revised Statutes, " Of *'™s£-'^°w ^e- 
 Controverted Elections and Corrupt Practices,^' shall be 
 selected out of the Judges of the Supreme Court in such 
 manner as may be provided by any Rules of Court to be 
 
 made for that purpose, subject to the approval of the 
 Lieutenant-Governor-in-Council. 
 
 18. Every action and proceeding in the Supreme Court Business go f»r 
 and all business arising out of the same, except as herein- tl^S^^ed of by 
 after provided, shall so far as is practicable and convenient, ^'"siejadge. 
 be heard, determined and disposed of before a single Judge. 
 
 (I.) A Judge sitting elsewhere than in the Supreme Judge to decide, 
 Court is to decide all questions coming properly before cTse."*'"^'^^'"^^ 
 hifla, but may reserve any case, or any point in any case, 
 for the consideration of the Supreme Court in banco. 
 
 (2.) In all such cases any Judge sitting in Court shall Judge to oonsti- 
 be deemed to constitute a Court tute» court 
 
 TKIAIi AND PEOCEDUEE. 
 
 19. At the trial of any action no party shall be entitled p»rty to proy* 
 to judgment on the ground of his pleading being true, if ^nTonaw"'"* 
 the facts proved are not sufficient in point of law to entitle 
 
 him to judgment. 
 
 20. Subject to Rules of Court, the trials and procedure Modes oi triaL 
 in all causes, whether of a legal or equitable nature, shall 
 
 be as nearly as possible the same, and the following 
 provisions shall prevail ; — 
 
 In actions of libel, sland*r, criminal conversation, Jury trials, 
 seduction, malicious arrest, malicious prosecution, and false 
 imprisonment, all questions which might heretofore have 
 been tried by a jury, shall, subject to the other provisions 
 
808 SUPREME COURT AND PROCEDURE THEREIN. [PAKT III. 
 
 Chap . 104. of this Act, be tried by a jury, unless the parties in 
 
 '■ person or by their solicitors or counsel, waive such trial. 
 
 All other issues of fact in any civil action in the Supreme 
 
 Court, and the assessment on enquiry of damages in every 
 
 such action, may, and (subject to the provisions hereinafter 
 
 contained) in the absence of such notice as in sub-section 
 
 one of this section mentioned, shall be heard, tried and 
 
 assessed by a judge without the intervention of a jury : 
 
 If plaintiff or de- (1.) If the plaintiff desires such issue to be tried or 
 
 a™'jS?y 'Ttiol damages to be assessed or enquired of by a jury, he shall 
 
 must be given, gj^g notice to the Court and to the defendant or defendants, 
 
 by filing with his statement of claim, and serving on the 
 
 defendant or defendants, a notice in writing to the effect 
 
 hereinafter expressed ; and if a defendant requires such 
 
 issue to be tried or damages to be assessed or enquired of 
 
 by a jury, he shall give notice to the plaintiff or plaintiffj 
 
 by filing with his defence or counter claim, and .serving on 
 
 the plaintiff or plaintiffs, a notice in writing to the like 
 
 effect, that is to say : 
 
 Form of notice. «' The plaintiff (or one or more of them) or the 
 defendant, (or one or more of iliem, as the case may he,) 
 requires that the issues in this cause be tried (or the 
 damages asses-sed) by a jury;" and a copy of such notice 
 shall be attached to the issue. 
 
 Waiver of trial (2.) The parties present at the trial may consent that 
 by jury. ^jjg gg^jjj notice shall be waived, and the case tried and 
 
 damages assessed by the Judge, and may endorse a memo- 
 randum of such consent upon the issue, and thereupon the 
 Judge shall proceed to the trial of the issues or the 
 assessment of the damages, without the intervention of 
 a jury. 
 Judge may (3.) Notwithstanding anything in the preceding sub- 
 
 jury!* *"°^ ''^section contained, the Judge presiding at the trial may, in 
 his discretion, direct that any such action shall be tried or 
 the damages assessed by a jury ; and upon application to the 
 court in which the action is pendjng, or to a Judge thereof, 
 by an order or summons made before the trial, or by the 
 direction of the Judge presiding at the trial, the issues ma)'' 
 be tried and damages assessed without the intervention of 
 a jury. 
 Terdiotof Judge, (4.) The verdict or finding of the Judge, by whom any 
 verflct^f'j'uryr issue is tried or damages assessed, shall have the like effect 
 as the verdict or finding of a jury. 
 
 Legal and equit- (5.) Where in any ftction both legal and equitable 
 atthesametiSfe'! issues are raised, they shall be heard and tried at the same 
 
 time, unless the Court or a Judge thereof, or the Judge 
 
 presiding at the trial, otherwise directs. 
 
TITLE XXIII.J JUDICATURE ACT, 1884. 809 
 
 (6.) Where upon the trial of any action any question Chap. 104. 
 of fact or of law arises for the determination of the presiding judge may re- 
 Judge, he may, of his own motion, or by consent of parties, ^f^^ ^^^^ ^°^^ 
 reserve the giving of his final decision on the question so than sixty days. 
 raised to a future day, not later than sixty days from the day 
 of such reservation, and his decision whenever given shall 
 be considered as if given at the time of the trial. Such Decision to be 
 decision shall be filed with the Prothonotary of the Court thonotary. 
 where the cause was tried, and it shall be the duty of thcDutyofProthon- 
 Prothonotary immediately to give notice in writing to all"**''^' 
 the parties to the cause or their respective attorneys, that 
 such decision has been filed, and each of the parties shall 
 have and exercise, within twenty days from the service of 
 such notice, all such rights as he possessed or might have 
 had or exercised if judgment had been given on the trial 
 of the cause. 
 
 (7.) Upon any trial by a iury, where the Court or the Judgemay direct 
 
 "il*/' iiirv to ffivB EL 
 
 presiding Judge otherwise directs, it shall not be lawful special verdict. 
 
 for such jury to give a general verdict, and it shall be the 
 
 duty of such jury to give a special verdict if the Court or 
 
 presiding Judge so directs ; and unless the Court or the 
 
 presiding Judge otherwise directs, the jury may give either 
 
 a general or a special verdict, but this sub-section shall Proviso. 
 
 not apply to actions of libel. 
 
 (8.) Upon a trial by jury, in any case except an action Judgemaydirect 
 for lib6l, slander, criminal conversation, seduction, malicious que^tionsoffoct' 
 arrest, malicious prosecution, and false imprisonment, the ®™|p*'"'='"^*'° 
 Judge, instead of directing the jury to give either a general 
 or a special verdict, may direct the jury to answer any 
 questions of fact stated to them by the Judge for the 
 purpose ; and in such case the jury shall answer such 
 questions, and shall not give any verdict; and on the 
 finding of the jury upon the questions which they answer, 
 the Judge shall enter the verdict ; and the verdict, so 
 entered, shall be as effectual as if the same had been the 
 verdict of the jury. And on the trial of any such case 
 counsel may require the Judge presiding to submit to the 
 jury any pertinent or relevant question raised by any of 
 the issues or necessary to be answered by the jury in 
 order to a complete determination of all matters involved 
 in the case ; and in the event of any presiding Judge 
 refusing to put to the jury any question required, hy 
 counsel to be so submitted, such refusal may be used as a 
 ground for new trial. , 
 
 21, There shall be as heretofore five circuits in the circuits. 
 Province : The Midland, the Shore, the Western, the 
 Eastern, and the Cape Breton Circuit. 
 
810 SUPREME COURT AND PROCEDURE THEREIN. [PART III. 
 
 Chap. 104. The Midland Circuit shall embrace the Counties of 
 Hants, Colchester, and Cumberland. 
 
 The Shore Circuit shall embrace the Counties of Lunen- 
 burg, Queens, Shelburne, and Yarmouth. 
 
 The Western Circuit shall embrace the Counties of 
 Digby, Annapolis, and Kings. 
 
 The Eastern Circuit shall embrace the Counties of 
 Piciou, Antigonish, and Guysborough. 
 
 The Gape Breton Circuit shall embrace the Counties of 
 Cape Breton, Victoria, Inverness, and Richmond. 
 
 Commencement 22. The Supreme Court shall sit twice a year for the 
 
 c^fouiVcourts! trial of causes and issues, whether legal or equitable, which 
 
 are to be heard and determined by a Judge without a jury, 
 
 and also for the trial of jury causes, in the several counties, 
 
 as follows I—' 
 
 MIDLAND CIRCUIT. 
 
 At Windsor — On the last Tuesday of May, to sit for 
 five days ; and on the Tuesday before the last Tuesday of 
 September, to sit, if necessary, eleven days. 
 
 COLCHESTER, 
 
 At Truro^'On the first Tuesday of June, to sit, if 
 necessary, eleven days ; and on the first Tuesday of October, 
 to sit for five days. 
 
 ClTMBBRLjUro.- 
 
 At Amherst — On the third Tuesday of June, and the 
 second Tuesday of October ; to sit each term, if necessary, 
 fourteen days. 
 
 SHORE CIRCUIT. 
 
 LUNENBURG. 
 
 At Lunenburg — On the Thursday before the first 
 Tuesday of June, and on the Thursday after the second 
 Tuesday of October. 
 
 QUEENS, 
 
 At Liverpool — On the second Tuesday of June, to sit 
 for five days ; and on the first Tuesday of October, to 
 continue sitting for seven days, if necessary. 
 
 ' SHELBURNE. 
 
 At Barrington — On the third Tuesday of June. 
 At Shelburne — On the last Tuesday of September, 
 
title xxiii.] judicature act, 1884. 811 
 
 Chap. 104. 
 
 TARMOXJTH, 
 
 At Yarmouth — On the fourth Tuesday of June. 
 At Tusket Village — On the Tuesday next before the 
 last Tuesday of September. 
 
 WESTERN CIRCUIT, 
 
 PIGBT. 
 
 At Digby^— On the second Tuesday of June, 
 At Clare- — On the last Tuesday of September. 
 
 ANNATOLIS. 
 
 At Bridgetown-'-^On the third Tuesday of June, 
 At Annapolis — On the first Tuesday of October. 
 
 KINGS, 
 
 At Kentville^^On the first Tuesday of June, and on the 
 second Tuesday of October. 
 
 EASTERN CIRCUIT. 
 
 PICTOU, 
 
 At Piciou-^On the Thursday next after the second 
 Tuesday of June, and the Thursday next after the third 
 Tuesday of October; to sit each term, if necessary, 
 fourteen days. 
 
 AivPIOOlflSH. 
 
 At Aniigonish-^^On the first Tuesday of June, and 
 second Tuesday of October ; and to sit seven days in each 
 term. 
 
 etFYSBOROUGH, 
 
 At Guysborougk—^On the last Tuesday of May, and the 
 first Tuesday of October. 
 
 ©APE BRETON CIRCUIT, 
 
 CAPE BRETON, 
 
 At Sydney — On the first Tuesday of June, and on the 
 first Tuesday of October ; such last term to extend for ten 
 days, if necessary, 
 
 VICTORIA, 
 
 At Baddech—OxY the second Tuesday of June and the 
 third Tuesday of October; the last term to continue for 
 five days, if necessary 
 
812 supreme court and procedure therein. [part iii. 
 
 Chap. 104, 
 
 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. 
 
 Wherever in this section the Court is directed to sit for 
 any specified number of days, such number shall be 
 exclusive of Sundays. 
 
 Duration of eir- 23. The respective terms or sittings of the Supreme 
 tSgs.^™^"'^' Court, in the preceding section mentioned, shall continue 
 as long as the business shall require ; but the same shall 
 not be continued longer than the Saturday before the day 
 hereby appointed for opening the Court at the next place 
 to which the Judge presiding at such Court shall be about 
 to proceed on his circuit, nor longer than the second 
 Saturday after the first day of such terms or sittings 
 respectively, except during the Spring circuits, when, if all 
 the causes for trial upon the docket at any term of the 
 Supreme Court held at Amherst, Yarmouth, Bridgetown, 
 Pictou, or Arichat, have not been reached, the term of said 
 Court shall be continued for the trial of said causes in 
 each of said places until the Saturday preceding the day 
 appointed for the opening of the first Court of the Summer 
 term upon the same circuit, or until all the causes upon the 
 docket for trial have been tried ; and the jury summoned in 
 attendance for the trial of causes at said terra shall continue 
 to be the jury for the trial of causes at the extension of 
 said term, until a new jury has been summoned. 
 
 Extra or Sum- 24. There shall be an extra or Summer term of the 
 Supreme Court for the trial of the causes that have not 
 been reached upon the docket of causes for trial during the 
 Spring circuits, to be held as follows : — 
 
 MIDLAND CIRCUIT. 
 
 At Windsor, on the third Tuesday of July; at Truro, 
 on the third Tuesday of August. 
 
 SHORE CIRCUIT. 
 
 At Shelburne, on the fourth Tuesday of July ; at 
 Liverpool, on the third Tuesday of August ; at Lunenburg, 
 on the second Tuesday of September. 
 
TITLE XXIII.] JUDICATURE ACT, 1884. 813 
 
 WESTERN CIRCUIT. ChaP. 104. 
 
 At Digby, on the third Tuesday of July ; at Kentville, 
 on the third Tuesday of August. 
 
 EASTERN CIRCUIT. 
 
 At Antigonish, on the third Tuesday of July; at 
 Guysborough, on the third Tuesday of August. 
 
 CAPE BRETON CIRCUIT. 
 
 At Port Hood, on the third Tuesday of July; at 
 Bacldeck, on the second Tuesday of August ; at Sydney, on 
 the third Tuesday of August. 
 
 The Judges who attend at said Summer circuits shall 
 severally preside in the Courts which they held during 
 the Spring circuits, except in case of illness or otherwise, 
 when another Judge may preside. 
 
 25. There shall be no Summer term held in any where no Sum- 
 county in any year in which all the causes for trial upon™e"eil™ '^ *° 
 the docket of causes at the Spring term in said year had 
 
 been called for trial, and it shall not be necessary to give 
 notice of trial for said Summer term or re-enfcer the causes 
 upon the docket, but the docket of causes of the Spring 
 term shall be the docket of causes for the Summer term as 
 if said Summer term were a continuation of the Spring 
 term of said Court. 
 
 26. The Court shall continue to .sit in any county in Time of Bitting 
 which a Summer term is held until the Saturday preceding mertem* ^"'"" 
 the day for the opening of the next Court upon the same 
 
 circuit at said term, or if said Court shall be the last on 
 said circuit then for four weeks, or until all the causes upon 
 the docket for trial have been tried. 
 
 27. At all such sittings separate lists shall be made Separate lists ot 
 
 r. , 1 - 1 . ° ^ 1 j.i_ • jury and non- 
 
 for the jury and non-jury causes; and the jury causes jury causes. 
 shall be first disposed of, unless where the Judge shall see 
 fit, for some special reason, to direct otherwise. This 
 section is subject to the law in force by virtue of the 
 several statutes regulating the trial of jury and non-jury 
 causes. 
 
 28. Subject to any Rules of Court and to such right Judge may refer 
 as may exist to have particular cases submitted to the CoS.""'"" 
 verdict of a jury, any question arising in any cause or 
 
 matter (other than a criminal proceeding by the Crown) 
 before the Supreme Court or a Judge thereof, may be 
 referred by the Court or Judge before whom such cause or 
 matter may be pending, for enquiry or report to a Judge 
 of a County Court, or to an official referee, or to any other 
 
814 SUPREME COURT Ato PROCKDUrE TttERElN. [PART III, 
 
 Chap. 104. person agreed on by the parties ; and the report of such 
 
 referee may be adopted wholly or partially by the Court, 
 
 and may (if so adopted) be enforced as a j udgment by the 
 
 Court. 
 
 Court or Judge (1.) The Supreme Court or Judge as aforesaid may 
 
 ud'of'osBesSjre,* also in any such cause or matter as aforesaid, in which it 
 
 may be deemed expedient by such Court or Judge so to 
 
 do, call in the aid of one or more assessors specially 
 
 qualified, and trj' and hear such cause or matter, wholly 
 
 or partially, with the assistance of such assessor or assessors. 
 
 Remuneration of The remuneration, if any, to be paid to such referees or 
 
 assessors. asscssors shall be determined by the Court. 
 
 Judge may refer 29. In any cause or matter (other than a criminal 
 cause in "^^am pj.Q^ggjjj^g ^^ ^j^^ Crown bcforc the said Supreme Court), 
 
 in which all parties interested who are under no disability 
 consent thereto, and also without such consent in any such 
 cause or matter requiring any prolonged examination of 
 documents or accounts, or any scientific or local investiga^ 
 tion which cannot, in the opinion of a Court or a Judge, 
 conveniently be made before a jury, or conducted by the 
 Court or Judge directly, the Court or a Judge may at any 
 time, on such terms as may be thought proper, order any 
 such question or issue of fact, or any question of account 
 arising in the cause or matter, to be tried either before a 
 Judge of a County Court, or before an official referee, or (if 
 the parties so agree) before a referee to be named by them. 
 
 £siuseB referred, 30. All such trials shall be conducted in such manner 
 ^cJrdin°gt1heas may be prescribed by this Act and by Rules of Court, 
 Act and Rules, and subject thereto, in such manner as the Court or Judge 
 ordering the same shall direct. 
 
 Referees deemed 31. In all cases of a reference to or trial by referees 
 Court? °' ** under this Act, the referees shall be deemed to be officers 
 of the Court, and shall have such authority for the purpose 
 of the reference or trial as shall be prescribed by Rules of 
 Court, or, subject to such Rules, by the Court or Judge 
 ordering such reference or trial ; and the report of any 
 referee upon any question of fact, on any such trial, 
 shall (unless set aside by the Court) be equivalent to the 
 verdict of a jury. 
 
 Court M^judge 32. With respect to all such proceedings before referees, 
 vary"™ set^aJida and to their reports, the Court or Judge shall have, in 
 awards, &c. addition to any other powers, the same or the like powers, 
 as by the statutes in force are given to the Supreme Court 
 or a Judge thereof, with respect to references to arbitration, 
 and proceedings before arbitrators, and their awards, and 
 appeals or proceedings to amend, vary or set aside the said 
 awards. 
 
TlfLE xxin.] Judicature act, 1884. SIS 
 
 33. Save as by this Act or by any Rules of Court may Chap. 104, 
 be otherwise provided, all forms and methods (as nearly as jorms aiid 
 may be) of procedure, which, immediately preceding the ^f^°^^ °/ ^g™! 
 first da\' of October, A. D. 1884, were in force in relation preme court not 
 
 , .ic) r^ i_ 1 1 • I p 1 inconsistent 
 
 to the supreme Court, under or by virtue or any law, with this Act or 
 general order or rule whatsoever, and which are not 'o^yn^g^^to""*^ 
 inconsistent with this Act or any Rules of Court, may "sed in certain 
 continue to be used and practised in the said Supreme 
 Court in such and the like cases and for such and the like 
 purposes as those to which they would have been applicable 
 in the Supreme Court, if this Act had not passed. 
 
 Rules of Court. 
 
 34. On and after the first day of October, A. D. 1884, Powers of court. 
 the Supreme Court or a majority of the Judges present at 
 
 any meeting for that purpose held, may annul, or alter and 
 
 amend, any Rule or Rules of Court for the time being in 
 
 force, and make any further or additional Rules of Court Court or major- 
 
 for carrying this Act into effect, and in particular for all mai« ra?e8^r°egu° 
 
 or any of the matters mentioned in the sub-sections to '**"s procedure 
 
 this section, namely ; 
 
 (1.) For regulating the sittings of the said Supreme Sittings. 
 Court and of the Judges of the said Supreme Court in 
 Chambers. 
 
 (2.) For regulating the pleading, practice and procedure Pleadings, &a, 
 in the said Supreme Court, and the Rules of Law which 
 are to prevail in relation to remedies in causes and 
 proceedings therein. 
 
 (3.) For the hearing of appeals and all matters relating Appeals, oertio< 
 to or brought up by Writs of Certiorari from County '*"' 
 Courts, or a Judge of a County Court, from Courts of 
 Probate or Surrogate Courts, or from any other Courts or 
 officers, and for the hearing and arguments of rules nisi, or 
 appeals from any one of the Judges of the Supreme Court, 
 sitting for the trial of causes, or the transaction of any 
 other business in Halifax or on circuit ; and for regulating 
 the selection of the Judges of the Supreme Court, who 
 shall hear such arguments on appeals, or rules nisi, and 
 for regulating all matters relating to the practice on such 
 arguments ; and the Prothonotarj' in making up the docket 
 of causes for argument before the Supreme Court at 
 Halifax, shall so arrange them, that all causes coming . 
 from the same county shall, be grouped together on the 
 docket so that they may be heard in succession in such 
 order so far as the different counties are concerned, as the 
 ■Judges shall by Rule or Ordeif direct. 
 
816 SUPREME COURT AND PROCEDURE THEREIN. [PART 111. 
 
 Chap. 104. (4.) Generally, for regulating any matter relating to 
 Generaiii^ the practice and procedure of the said Supreme Court, or 
 to the duties of the officers thereof, or to the costs of 
 proceedings, and every other matter deemed expedient 
 for the better attaining the ends of justice, advancing the 
 remedies of suitors, and carrying into effect the provisions, 
 of this Act, and of all other Acts now or hereafter in force 
 respecting the said Court. 
 
 Rules to have 35. All Rules of Court made in pursuance of this Act, 
 iiSon'in ijoyaj on or after the first day of October, A. D. 1884, shall, from 
 .Gazette. ^nd after the publication thereof in the Royal Gazette, 
 
 regulate all matters to which they extend, until annulled 
 
 or altered in pursuance of this Act. 
 
 Judges to con- 36. Subjcct to any Rules of Court which may be made 
 power to make Under the preceding provisions of this Act, the Judges of 
 Rules. |.]^g gg^jjj Supreme Court shall continue to have and 
 
 exercise all the powers which immediately preceding the 
 nineteenth day of April, A. D. 1884, they possessed or 
 exercised as to making Rules of Court for the regulation 
 of the practice of the said Supreme Court. 
 
 Rules of Court 37. Where any provisions in respect of the Supreme 
 
 utel'^n Certain Court are Contained in any statute, Rules of Court may be 
 
 ''*^^*' made for modifying such provisions to any extent that 
 
 may be deemed necessary for adapting the same to the 
 
 practice and procedure of the said Supreme Court, unless, 
 
 in the case of any Act hereafter passed, this power shall 
 
 be expressly excluded with respect to such Act or any 
 
 provision thereof. 
 
 Provisions reiat- 38. Any provisions relating to the payment, transfer 
 
 ing to payment , -t • . • ^ c r^ /• 
 
 into or out of or Qcposit, into, or in, or out or, any (Jourt, of any money or 
 Court. property, or the dealing therewith, shall be deemed to be 
 
 provisions relating to practice and procedure. 
 
 t°h"nutie°°r"eg; ^9. Subjcct to any Order in that behalf, the business to 
 
 uiated by Rules be performed in the said Supreme Court or in the Chambers 
 
 our , 0. ^j ^^^ Judge thereof, other than that performed by the 
 
 Judges, shall be distributed among the several officers 
 
 attached to the said Court, in such manner as may be 
 
 directed by Rules of Court ; and such officers shall perform 
 
 such duties in relation to such business as may be directed 
 
 by Rules of Court; and subject to such Rules of Court, all 
 
 such officers respectively shall continue to perform the 
 
 same duties, as nearly as may be, and in the same manner 
 
 as if this Act had not passed. 
 
 Official referees. 40. Subject to Rules of Court the Judges of the Qounty 
 
 Courts, masters in Chancery, prothonotaries, and clerks of 
 
 the Crown shall be official referees for the trial of such 
 
 questions as shall be directed to be tried by said officers, 
 
TITLE XXIII.] JUDICATURE ACT, 1884. 817 
 
 and the Lieutenant-Governor-in-Council may, if necessary, Chap. 104. 
 appoint other and additional official referees. 
 
 41. Every stamp affixed to any matter or proceeding stamps, canoei- 
 under the authority of the Revised Statutes, or any Act of '*"™- 
 
 the Provincial Legislature respecting law stamps, shall be 
 cancelled, as by law provided, unless otherwise provided 
 by Rules of Court. 
 
 42. All Rules of Court, made in pursuance of this Act,Riiiea of court 
 shall be laid b.efore the House of Assembly and Legislative LeRfsialura.''"" 
 Council of the Province of Nova Scotia, within twenty days 
 
 next after the same ai-e made, if the Legislature is then 
 sitting, or if not, within twenty days after the then next 
 meeting of the Legislature ; and if an address is presented 
 to the Lieutenant-Governor by either of the said Houses 
 within the next subsequent twenty days on which the said 
 House shall have sat, praying that any such Rules may be 
 cancelled, the Lieutenant-Governor may thereupon, by 
 Order-in-Council, annul the same, and the Rules so annulled 
 shall thenceforth become void and of no effect, but without 
 prejudice to the validity of any proceedings which may in 
 the meantime have been taken under the same. 
 
 OOtTNTT COTTRTS AND JTTDGB3, 
 
 43. When in any proceeding before any County Court Provisions in 
 
 IP , 1- Cii ii?i J. 1 case defence or 
 
 any derence or counter-claim oi trie defendant involves counter oiaim 
 -matter beyond the jurisdiction of the Court, such defence juriXSon*of 
 or counter-claim shall not affect the competence or the duty *!»« county 
 of the Court to dispose of the whole matter in controversy 
 so far as relates to the demand of the plaintiff and the 
 defence thereto, but no relief exceeding that which the 
 Court has jurisdiction to administer shall be given to the 
 defendant upon any such counter-claim. Provided always supreme court 
 that in such case it shall be lawful for the Supreme Courtoeeding3"to''be 
 or any Judge thereof if it shall be thought fit, on the J};*"''"|°4reme 
 application of any party to the proceeding, to order that'^°"'*. 
 the whole proceeding be transferred from such Court to 
 the Supreme Court ; and in such case the record in such 
 proceeding shall be transmitted by the cleik or other 
 proper officers of the County Court to the said Supreme 
 Court, and the same shall thenceforth be continued and 
 prosecuted in the said Supreme Court as if it had been 
 originally commenced therein. 
 
 44. The practice and procedure of the said Supreme Prao'ioeanijpro. 
 Court shall be, wherever applicable, the practice and preme court to 
 procedure of the County Courts; and the Rules of LaWpJoSSre" '"I 
 enacted and declared by this Act, shall be in force and County courts. 
 receive effect in all Oourt.'s whatsoever in the Province of 
 
 53 
 
818 SUPREME COURT AND PROCEDURE THEREIN [PART IM, 
 
 Chap. 104. Nova Scotia (except the Court of Probate and Surrogate 
 ' "" Courts therein,) so far as the matters to which such ruleij 
 relate shall be respectively cognizabl-e by such Courts, 
 
 cIp^sTwand *^'- Notwithstanding any enactment of the first 
 95 of R.' s., 4th session of the Legislature beM in the year 1884 
 in"orceunt™ab"- otherwise than is contained iri this Act, the provisions 
 Xof'amSdOf Chapter 89 of the Revised Statutes, fourth series, 
 by Rules made" Qf the Supreme Court and its Officers," and of Chapter 
 
 under this Act. ,, ,. i^.ir-i.nrM ,, Ai- ^ ■<• v 
 
 94 01 the said Revised Statutes, Ot pleadings and 
 Practice in the Supreme Court," and of Chapter 95 of 
 the said Revised Statutes, " Of Procedure in Equity," 
 as amended by Acts in amendm'ent thereof, and any 
 other Act of the Legislature the provisions of which 
 are affected by this Act, shall remain in force and effect,, 
 (except in so far as said provisions are altered by this Act), 
 until the same may be abrogated, repealed, or amended by 
 Rules which may be made under the authority of this Act, 
 and it is hereby declared and enacted that the authority to 
 make Rules as hereinbefore conferred extends (subject to 
 all the provisions of this Act), to the abrogation, repeal, or 
 amendment of all or any of the provisions of the said 
 Chapters. 
 
 Provisions of the 46. Whenever any of the provisions contained in this 
 
 Act and Rules, iiin i* •, -.i n 
 
 to be preferred Act shall appear to be inconsistent with any other enact- 
 in construction. ^^^^^ ^f ^j^^ g^.^j. ggggign of the Legislaturfe held in the 
 
 year 1884, the provisions of ihis Act shall be preferred in 
 construction, and for purposes of construction in such 
 cases this Act shall be deemed to have been enacted at a 
 time subsequent to that at which all other statutes of the 
 said session were passed; and every provision of this 
 Act and of the schedule of Rules hereto, shall be deemed 
 remedial, and shall receive such fair, large,~ and liberal 
 construction and interpretation as will best ensure the 
 attainment of the objects of the Act and of .said provisions 
 according to their true intent, meaning and spirit. 
 
 INTERPRETATION 
 
 47. In the construction of this Act, and of the Rules, 
 unless there is anything in the subject or context repug- 
 nant thereto, the several words hereinafter mentioned shall 
 have or include the meanings following, that is to say : 
 
 (1.) " Rules" shall include " Rules of Court," and both 
 shall include Forms. 
 
 (2.) " Cause " shall include any action, suit, or otheF 
 original proceeding between a plaintiff and a defendant. 
 
 (3.) " Suit " shall include action. 
 
.'!ttTI,-E XXin.] JTJDICATDEE ACT, 1884. ■ "8119 
 
 (4.) " Action" shall mean a civil proceeding commenced Chap. 104. 
 %)y writ, or in such other manner as may be prescribed by ~~~ 
 
 Rules of Courts but shall not include a criminal proceeding 
 by the Crown. 
 
 (5.) " Plaintiff " shall include every person asking any 
 Telief, (otherwise than by way of counter-claim as a 
 defendant) against any other person by any form of 
 proceeding, whether the same be taken by action, suit, 
 petition, motion, summons, or otherwise. 
 
 (6.) "Petitioner" shall include every person making 
 any application to the Court, eithet by petition, motion, or 
 summons, otherwise than as against any defendant. 
 
 (7.) " Defendant " shall include every persoii served 
 with any .writ of sdmmons or process, or Served with 
 notice of, or entitled to attend, any proceedings. 
 
 (8.) " Party " shall include every person served with 
 "notice of, or attending, any proceeding, although not named 
 on the record ; and includes a body corporate or politic. 
 
 (9.) " Matter" shall include ev&y proceeding in the 
 Court, not in a cause. 
 
 (10.) "Pleading" shall include evety petition or 
 ■summons, and shall also include the statement in writing 
 •of the claim or demand of any plaintiff, and of the 
 defence of any defendant thereto, and of the reply of the 
 plaintiff to any t:ounter-claim of a defendant. ' 
 
 (11.) " Judg«ient " shall include decree. 
 (12.) "Order" shall include rule. 
 
 (13.) "Oath" shall include solemn affirmation and 
 statutory declaration. 
 
 (14.) "Existing" shall mean existing at the com" 
 mencemtfHt of the Hrst day of October, A. D. 1884. 
 
 (1-5.) The words " this Act " or " the Act," wherever 
 used in this Chapter, shall mean the portion of this Chapter 
 preceding this sub-section. 
 
820 
 
 EULES — FORM ANI> COMMEKCEMENT OF ACTION. .[fART III, 
 
 ISCIIEI>XJI.E, 
 
 (Note.— 'The memorandum' at the end of each Rule is- iirtended' to- indicate the Rule- 
 or enactment from which the Rule, as herein expressed, has been transcribed or adapted.- 
 
 *'E.^' refers to the English Judicature Rules of 1883. 
 
 *' O." refers to the Ontario Judicature Rules of 1881. 
 
 "S. C. A." refers to Cap. 89, Ri S., 4th Series, "Of the Supreme Court and its- 
 Officers," 
 
 "P. A." refCTs to the Practice Act, Cap. 94, R. S., 4th Seriea. 
 
 "E. A>" refers to the Equity Act, Cap. 95, R. S., 4th.Series. 
 
 Some of the provisions which- are quoted as taken from the English Code were also 
 In the Practice Act, but no more than the one reference has been deemed necessary.) 
 
 THE RULES OF THE SUPREME COURT, 1884. 
 
 Tifcle, date and 
 application. 
 
 Repeal. 
 
 The Judges of the Supreme Court of Nova Scotia do 
 hereby, in pursuance and execution of the powers and 
 authorities enabling them in that behalf, order and direct 
 in manner following : — 
 
 First : — The following Orders and Rules may be cited 
 as " The Rules of the Supreme Court, 1884. They shall be 
 in operation on and after the second day of October, 1884, 
 and shall also apply, so far as may be practicable (unless 
 otherwise expressly provided,) to all proceedings taken on 
 or after that day in all causes and matters then pending. 
 
 Second ; — The Orders and Rules mentioned in Appendix 
 0. hereto are hereby annulled, and the enactments mentioned 
 in said Appendix O. are hereby abrogated and repealed, and 
 the following Orders and ^ules shall stand in lieu thereof. 
 
 Order I. 
 rr. 1, 2. 
 
 (1.) 
 
 OEDER L 
 
 Form and commencement of action, 
 
 1, All actions and suits which, previously to the first 
 day of October, A. D,, 1884, were commenced by writ, bill, 
 or information in the Supreme Court, shall be instituted 
 in the said Court by a proceeding to be called an action, 
 (E 1.) 
 
 2. All other proceedings in, and applications to the 
 oteer proceed. Supreme Court may, subject to these Rules, be taken and 
 
 made in the same manner as they would have been taken 
 and made if the Act had not been passed. (E 2.) 
 
 (2.) 
 
CHAP. 104.] BtJLES— WRIT OF SUMMONS. 821 
 
 ORDE]^ II Order H. 
 
 rr. 1-6. 
 
 ■WRIT or SUMMONS AKD PROCEDURB RELATING THERETO. 
 
 1. Every action in the Supreme Court shall be com- gummoM. 
 meneed by a Writ of Summons, which shall be indorsed 
 
 with a statement of the nature of the claim made, or of 
 the relief or remedy required in the action. (E. 3.) 
 
 2. Any costs occasioned by the use of any forms of cogtg of\mpi:»- 
 writs and of indorsements thereon, other or more prolix-P®''"™^- 
 than the forms hereinafter prescribed, shall be borne by 
 
 the party using the same, unless the Court or a Judge 
 shall otherwise direct (E. 4.) 
 
 3. The Writ of Summons for the commencement of „ (^p .. 
 
 Ill -ji - 1.1 !./». Forms of wnt. 
 
 an action snail, except in the cases m which any different 
 form is hereinafter provided, be in one of the Forms Nos. 
 1 and 2 in Appendix A, Part I, with such variations as 
 circumstances may require. (E. 5.) ' 
 
 4. No Writ of Summons for service out of the„.^ (^ ,. 
 
 -.1.-. po'i . .,1 . ...1 Wnt and notice 
 
 jurisdiction, or ot which notice is to be given out of the for service out ot 
 jurisdiction, shall be issued without the leave of the Court ° ^"™ "^''"'^ 
 or a Judge. (K 6.) 
 
 5. A Writ of Summons to be served out of the (H 
 jurisdiction, or of which notice is to be given out of the writ and notice. 
 jurisdiction, shall be in one of the Forms Nos. 3 and 4 in 
 Appendix A, Part I, with such variations as circumstances 
 
 may require. Such notice shall be in Form No. 5 in the 
 same Part, with such variations as circumstances may 
 require. (E. 7) 
 
 6. Every Writ of Summons and also (unless by anyj,^^^^ ^l ^^^ 
 Statute or by these Rules it is otherwise provided), every of writs, 
 other Writ shall bear date on the day on which the same 
 
 shall be issued. The teste of all writs shaill remain 
 abolished. (E. 10.) 
 
 OEDEK IIL Order III. 
 
 rr. 1—3. 
 
 INDORSEMENTS OV CLAIM. 
 
 1. The Indorsendent of Claim shall be made on every .,^^^^^ 
 Writ of Summons before it is issued. (E. 11.) , 
 
 2. In the indorsement required by Order II, Rule I, it . (lo) 
 shall not be essential to set forth the precise ground of ment not essen- 
 complaint, or the precise remedy or relief to which the*'**" 
 plaintiff considers himself entitled. (E. 12.) 
 
 3. The Indorsement of Claim shall be to the effect of (n.) 
 such of the Forms in Part III. of Appendix A. hereto as ment. 
 shall be applicable to the case, or if none be found appli- 
 cable then of such other similarly concise form as the 
 nature ai the case may require. {E. 13.) 
 
852' BULBS — INDORSEMENTS OF CLAIM. "[PABT IIT.^ 
 
 Order III 4_ jf the plaintiff sueg, or the defendant or any of the 
 
 — - • ^~^ defendants is sued, in a representative capacity, the indorse- 
 
 (12). . raent shall show in manner appearing by such of the 
 
 in rlpresentative Forms in Appendix A, Part III.,. Section V., as shall' be 
 
 uapaoity. applicable to the case, or by any other statement to the-. 
 
 like effect, in what capacity the plaintiff or defendant sues. 
 
 or is sued. (E. ]4,) 
 
 /■„ . (IS)' ■ 5, In all actions where the plaintiff' seeks only to 
 
 i Special uidQifse- ,. .', , ,. S . . - ii r, 
 
 ^ nient. recover a debt or liquidated demand in money payable by 
 
 the defendant, 'With or without interest, arising (A.) upon a 
 contract, express or implied, (as. for instance on a bill of' 
 exchange, promissory note, a check, or other simple con- 
 tract debt); or (B.) on a bond or contract under seal for 
 pa3'ment of a liquidated amount of money ; or (C;) on a 
 statute where the sum sought to be recovered is a fixed 
 sum of money or in the nature of a debt other than a pen- 
 alty ; or (D.) on a guaranty, whether under seal or not^ 
 where the claim against the principal is in respect of a debt 
 or liquidated demand only; or (E.) on a trust; or (F.) in 
 actions for the recovery of land, with or without a claim 
 for rent or mesne profits, by a landlord against a tenant' 
 whose" term has expired or has been duly determined by 
 notice to quit, or against persons claiming under such 
 tenant ; the writ of summons may, at the option of the 
 plaintiff, be specially indorsed with a statement of his 
 claim, or of the remedy or relief to which he claims to be 
 entitled. Such special indorsement shall be to the effect of 
 such of the Forms in Appendix C, Section III., as shall be 
 applicable to' the case. (E. 16.) 
 
 (i*> 6. Wherever the plaintiff's claim is for a debtorjiquid' 
 
 liquidated de- ated demand only, the indorsement, besides stating the 
 "'^"'^ nature of the claim, shall state the amount claimed fov 
 
 debt, or in respect of such demand, and for costs, respec- 
 tively, and shall further state that upon payment thereof 
 within six days after service, or, in case of a writ not for 
 service within the jurisd'iction, within the time allowed for 
 appearance, further proceedings will .be stayed. Such 
 ( ) statement shall, be in the form in Appendix A hereto. Part 
 III., Sec. III. The defendant may, notwithstanding such 
 payirient, have the costs taxed, and if more than one sixth 
 shall be disallowed the plaintiff's solicitor shall pay the 
 costs of taxation. (E. 17.) 
 
 , J ^"') ^ . 7. In all cases in which the plaintiff, in the first 
 
 Indorsement for . , j . , , , . i ' i • . j> 
 
 account. instance, desires to have an account taken, the writ or 
 
 summons shall be indorsed with a claim that such acQOunfe 
 be taken. (E. 18.) 
 
<MAP. 104f.] EULES— INDORSEMENT OF ADDRESS. 823 
 
 OEDEE IV. Order IV. 
 
 rr. 1-3. 
 
 INDORSEMENT OE ADDRESS. 
 
 1. The-solicitor of a plaintiff, suing by a solicitor, shall ,, (le) ^ 
 
 '_j .1 ., i"^,. .,.°|,-' . „' .. Address of soli- 
 
 iJidorse on the writ, and notice m lieu ot service or a writ, dtor and piaia- 
 the address of the plaintiff, and also his own name or firm*'"' 
 and place of business (within the jurisdiction), which latter 
 address shall be the place where writs, notices, petitions, 
 orders, and other documents, proceedings, and w^ritten 
 communications may be left for him. (E. 19.) 
 
 2. Where a plaintiff sues in person he shall indorse on .,, <i7) , . 
 
 ,,1 • 1. c ,-.i. p . n - Address of plam- 
 
 tne writ ot summons, or notice in heu or service of a writ tiff suing in per- 
 of summons, his occupation and place of residence, and, jf*""- 
 his place of residence be not within the jurisdiction, 
 another place within the jurisdiction to be called his 
 address for service, whei-e writs, notices, pleadings, petitions, 
 orders, summonses, and other documents, proceedings, and 
 written communications may be left for him. (E. 20.) 
 
 3. In all cases where proceedings are commenced other- j^^^v^^-^j^j 
 wise than by writ of summons, the preceding Rules of this where no writ 
 Order shall apply to the documents by which such proceed- '^^^^ ' 
 ings shall be oi-iginated as if it were a writ of summons. 
 
 (E. 22.) 
 
 ORDER V. 'Order V. 
 
 rr. 1-6. 
 
 1SS0E OF WRITS OF SUMMONS. 
 
 1. In any action the plaintiff, wherever resident, may ^^rftg ^^^ed in 
 issue a writ of summons in any county. (E. 23.) ^°y county. 
 
 2. Every writ of summons shall be issued out of the jg^^g^j^^^-) p^^^^ 
 office of one of the Prothonotaries. (E. 24.) thonotary. 
 
 3. Writs of summons shall be prepared by the plaintiff,,, .^ '■^■'> 
 
 , . ,. . . ^ ^ . •' , <^ Writs, how pre- 
 
 or his solicitor, and may be written or printed, or partly pared, 
 written and partly printed, (E. S2.) 
 
 4. Every writ of summons shall be sealed by the officer , ^^^-X 
 issuing the same, and shall thereupon be deemed to be 
 issued. (E. 33.) 
 
 5. The plaintiff or his solicitor shall, on presenting^, ^^^^^_ 
 any writ of summons for sealing, leave with the officer a 
 
 copy written or printed, or partly written and partly 
 printed, of such writ and of all the indorsements theieon, 
 and such copy shall be signed by or for the solicitor leaving 
 the same, or by the plaintiff himself if he sues in penson. 
 (E. 34.) 
 
 G. The Prothonotary on receiving such copy shall file^^ (^^>^ j,,^^ 
 the same, and an entry of the filing thereof shall be made— entries to be 
 in a book to be called the Cause Book, which iy to be kept Boot. '" ^^^^'' 
 
824 
 
 EUI/ES— CONCtJREENT WRITS. [PART III. 
 
 Order V. 
 r. 6. 
 
 in the manner in which the like book was kept on the 
 ■ first day of October, A. D. 1884 ; and the action shall be 
 distinguished by the date of the year, and a letter and 
 number, as nearly as may be in the manner in which 
 causes were distinguished in such book on that date. (E. 35.) 
 
 (25.) 
 How issued. 
 
 Order VI. OEDEE VI. 
 
 rr. 1, 2. 
 
 CONCITRKENT WBITS. 
 
 1. The plaintiff in any action may, at the time of, or 
 at any time during twelve months after, the issuing of the 
 original writ of summons, issue one or more concurrent 
 writ or writs, each concurrent writ to shew the date of the 
 original writ, and be marked with the word " concurrent " 
 in the margin, and the date of issuing the concurrent writ : 
 Provided always, that such concurrent writ or writs shall 
 only be in force for the period during which the original 
 writ in such actions shall be in force. (E. 40.) 
 ,„ x ?^-^ 2. A writ for service within the jurisdiction may be 
 
 abroad and with- issued and marked as a concurrent writ with one for 
 be oonourrenT.'''^ service, or whereof notice in lieu of service is to be given, 
 out of the jurisdiction ; and a writ for service, or whereof 
 notice in lieu of service is to be given, out of the juris- 
 diction, may be issued and marked as a concurrent writ 
 with one for service within the jurisdiction. (E. 41.) 
 
 Order VII. 
 rr. 1, 2- 
 
 (27.) 
 By plaintiffs 
 solicitor. 
 
 (21.) 
 In cases of part 
 nerstiip. 
 
 OEDER VII. 
 
 DISCtOSUKB BY SOLICITOES ASD PLAINTIFFS. 
 
 1. Every solicitor whose name shall be indorsed on 
 any writ of summons shall, on demand in writing made 
 by or on behalf of any defendant who has been served 
 therewith or has appeared thereto, declare forthwith in 
 writing whether such writ has been issued by him or with 
 his authority or privity ; and if such solicitor shall declare 
 that the writ was not issued by him or with his authority 
 or privity, all proceedings upon the same shall be stayed, 
 and no further proceedings shall be taken thereupon 
 without leave of the Court or a Judge. (E. 42.) 
 
 2. Where a writ is sued out by partners in the name 
 of their firm, the plaintiff's or their solicitors shall, on 
 demand in writing by or on behalf of any defendant, 
 forthwith declare in writing the names and places of 
 residence of all the persons constituting the firm on whose 
 behalf the action is brought j and if the plaintiffs or their 
 
CHAP. 104.] EULES— RENEWAL OF WRIT. 825 
 
 r. 
 
 solicitors shall fail to comply with such demand, all O'^^r vii. 
 proceedings in the action may, upon an application for- 
 that purpose, be stayed upon such terms as the Court or a 
 Judge may direct. And when the names of the partners 
 are so declared, the action shall proceed in the same 
 manner, and the same consequences in all respects shall 
 follow, as if they had been named as the plaintiffs in the 
 writ. But all proceedings shall, nevertheless, continue in 
 the name of the firm. (E. 43.) 
 
 OEDER VIII. 
 
 KENEWAL or WRIT. 
 
 Order vm. 
 rr. 1-3. 
 
 1. No original writ of summons shall be in force for „ (^9.) 
 more than twelve months from the day of the date thereof writ. 
 including the day of such date; but if any defendant Benewai. 
 therein named shall not have been served therewith, the 
 plaintiff may, before the expiration of the twelve months, 
 apply to the Court or a Judge for leave to renew the writ ; 
 and the Court or Judge, if satisfied that reasonable efforts 
 have been made to serve such defendant, or for other good 
 reason, may order that the original or concurrent writ of 
 summons be renewed for six months from the date of such 
 renewal inclusive, and so from time to time during the 
 currency of the renewed writ ; and the writ shall in such 
 case be renewed by being marked with the day, month and 
 year of such renewal ; such renewal to be so marked by 
 the Prothonotary, upon delivery to him by the plaintiff or 
 his solicitor of a memorandum in Form No. 6, in Appendix 
 A., Part I, with such variations as circumstances may 
 require ; and a writ of summons so renewed shall remain 
 in force and be available, to prevent the operation of any 
 statute, whereby the time for the commencement of the 
 action may be limited, and for all other purposes, from 
 the date of the issuing of the original writ of summons. 
 (K 45.) 
 
 2. . The production of a writ of summons purporting to (3o.) 
 have been renewed in manner aforesaid, shall be sufiicient renewal, 
 evidence of the writ having been so renewed, and of the 
 commencement of the action as of the first date of such 
 renewed writ for all purposes. (E. 46.) 
 
 3. Where a writ, of which the production is ii^cessary, g^^^^.<w^) ^ ^^ 
 has been lost, the Court or a Judge, upon being satisfied of lost writ, 
 the loss and of the correctness of a copy thereof, may order 
 that such copy shall be sealed and served in lieu of the 
 original writ. (E, 47.) 
 
826 RULES — SERVICE OF WRIT OF SUMMONS. [PART III. 
 
 Order K. ORDER IX. 
 
 rr. 1-7, 
 
 8BEVICE OF WHIT OF SUMMONS. 
 
 Infant. 
 
 1. — Mode of Service. 
 '(32.) 1. No service of writ shall be required when the 
 
 When accepted, jgfgn^ja^^t^ ^y jj^g solicitor, undertakes in writing to accept 
 service and enters an appearance. (E. 48.) 
 (33.) 2. When service is required the writ shall, wherever it 
 
 pJS.''^ " is practicable, be served b}' the person by whom, and in the 
 Substituted mi- manner in which, personal service was made, immediately 
 ""'*■ preceding the first day of October, A. D. 1884 ; but if it be 
 
 made to appear to the Court or a Judge on affidavit that 
 the plaintiff is from any cause unable to effect prompt 
 personal service, the Court or Judge may make such order 
 for substituted or other service, or for the substitution for 
 service of notice, by advertisement or otherwise, as may 
 seem just. (E. 49.) 
 
 S.—~On Particular Defendants. 
 
 (34.) 3. When husband and wife are both defendants to the 
 
 wife to be se^ed. action, they shall both be served unless the Court or a 
 Judge shall otherwise order. (E. 50.) 
 (35.) 4. When an infant is a defendant to the action, service 
 
 on his father or guardian or pei'son appointed by the Court 
 shall be deemed good service on the infant unless the Court 
 or a Judge otherwise order : Provided that the Court or 
 Judge may order that service made or to be made on the 
 infant shall be deemed good service. (E. 51.) 
 8.) 5. Where a lunatic or person of unsound mind, not so 
 
 found by inquisition or judicial declaration, is a defendant 
 to the action, service on his guardian or person to be 
 appointed bj' the Court as guardian ad litem of the lunatic 
 shall, unless the Court or Judge otherwise order, be deemed 
 good service on such defendant. (E. 52 and 0. 38, 39.) 
 
 S. — On Partners and other Bodies. 
 
 (37.) 6. Where persons are sued as partners in the name "of 
 
 or'agent^*'^ ^' their firm, the writ shall be served either upon any one or 
 , more of the partners, or, at the principal place, within the 
 jurisdiction, of the business of the partnership, upon any 
 person having at the time of service the control or manage- 
 ment of the partnership business there; and, subject to 
 these Rules, such service shall be deemed good service upon 
 the firm. (E. 53.) 
 At pialTof busi- '^' Where one person carrying on business in the name 
 ness, of a firm, apparently consisting of more than one person, 
 
 shall be sued in the firm name, the writ may be served at 
 
 Lunatio. 
 
CHAP. 104.] RULES— SUBSTITUTED SERVICE. 827 
 
 the principal place, within the jurisdiction, of the btisiness ^^^f_^' 
 
 so carried on, upon any person having, at the time of ser- =— 
 
 vice, the control or management of the business there ; and, 
 such service, if sufficient in other respects, shall be deemed 
 good service on the person so sued. (E. 54.) 
 
 8. Where, by any statute, provision is made for service _ (^9.) 
 
 c -i J I'll *i-,- ,1 Corporations. 
 
 01 any writ or summons, bill, petition or other process upon 
 any corporation, or any society or fellowship, or any body 
 or number of persons whether corporate or otherwise, every 
 writ of summons may be served in the manner so provided. 
 Otherwise the same may be served on the principal officer, 
 or on the clerk or secretar3\ (E. 55 and P. A. 41.) 
 
 4- — In Particular Actions. 
 0. Service of a writ of summons in an action to recover,, i^"-') 
 
 . e i • 1 -^ Vacant poasea. 
 
 land, may, in case or vacant possession, when it cannot eion. 
 otherwise be effected, be made by posting a copy of the 
 writ upon the door of the dwelling house or other conspicu- 
 ous part of the property. (E. 56.) 
 
 5.— Generally. 
 
 10. The person serving a writ of summons shall imme- indorsement o( 
 diately on receiving the writ, indorse thereon the day of "^'^ »* '■eoeipt 
 the month and week of the receipt of the same, and shall, 
 witliin three days at most after service, indorse thereon the 
 day of the month and week of the service thereof. Every 
 affidavit of service of such writ shall mention the day on 
 which indorsement was made. This rule shall apply to 
 substituted as well as other service. (E. 62 and P. A. 39.) 
 
 OEDER X. Order X, 
 
 StrBSTITUTBD SEKVICE, 
 
 Every application to the Court or a Judge for an order j^^^J**)^.^ ^^ 
 for substituted or other service, or for the substitution of forth grounds, 
 notice for service, shall be supported by an afiidavit setting 
 forth the groqnds on which the application is made. 
 (E. 63.) 
 
828 RULES — SERVICE OUT OF THE JURISDICTION. [PART III. 
 
 Order XL OEDEE XI. 
 
 rr. 1, 2. 
 
 SERVICE OUT OF THE JURISDICTION. 
 
 inwhifc^es. !• Service out of the jurisdiction of a Writ of summons, 
 
 or notice of a writ of summons, may be allowed by the 
 Court or a Judge whenever — 
 
 (a.) The whole subject-matter of the action is land 
 situate within the jurisdiction (with or with- 
 out rents or profits) ; or 
 
 (b.) Any act, deed, will, contract, obligation, or 
 liability affecting land or hereditaments, 
 situate within the jurisdiction, is sought to 
 be construed, rectified, set aside, or enforced 
 in the action ; or 
 
 (c.) Any relief is sought against any person domiciled, 
 or ordinarily resident, within the jurisdiction ; 
 or 
 
 (d.) The action is for the administration of the 
 personal estate of any deceased person who, 
 at the time of his death was domiciled within 
 the jurisdiction, or for the execution, as to 
 property situate within the jurisdiction, of 
 the trusts of any written instrument, of which 
 the person to be served is a trustee, which 
 ought to be executed according to the law of 
 Nova Scotia ; or 
 
 (e.) The action is founded on any breach, or alleged 
 breach, within the jurisdiction, of any contract 
 wherever made, which, according to the terms 
 thereof, ought to be performed within the 
 jurisdiction ; or 
 
 (f.) Any injunction is sought as to anything to be 
 done within the jurisdiction, or any nuisance 
 within the jurisdiction is sought to be 
 prevented or removed, whether damages are 
 or are not also sought in respect thereof ; or 
 
 (g.) Any person out of the jurisdiction is a necessary 
 or proper party to an action properly brought 
 against some other person duly served within 
 the jurisdiction. (£.64.) 
 
 AffldaSt'^ re- ^- ^vcry application for leave to serve such writ or 
 
 quired, notice on a defendant out of the jurisdiction shall be 
 
 supported by affidavit, or other evidence, stating that in 
 the belief of the deponent the plaintiff has a good cause of 
 action, and shewing in what place or country such 
 defendant is or probably may be found, and whether such 
 defendant is a British subject or not, and the grounds upon 
 
CHAP, 104] EULES — APPEABANCE. 829 
 
 which the application is made ; and no such leave shall be ^"^^^^ ^^ 
 
 granted unless it shall be made sufficiently to appear to the '■- — '- — 
 
 Court or Judge that the case is a proper one for service out 
 of the jurisdiction under this Order. (E. 67.) 
 
 3. Any order giving leave to effect such service or give (^^ ) 
 such notice shall limit a time after such service or notice, anoe. 
 within which such defendant is to enter an appearance, 
 
 such time to depend on the place or country where or 
 within which the writ is to be served or the notice given. 
 (E. 68.) 
 
 4. When the defendant is neither a British subiect,__ (**•).. 
 
 _..,-.. , ., . . •', 'when notics 
 
 nor in cntish dominions, notice of the writ, and not the only to be served 
 writ itself, is to be served upon him. (E. 69.) 
 
 6. Notice in lieu of service shall be given in the Notice, how eer. 
 manner (as nearly as may be), in which writs of summons ^*^' 
 are served. (E, 70.) 
 
 ORDEE XII. OfderXII, 
 
 rr. 1-3. 
 
 1. In all cases the writ of summons shall name, in the (48.) 
 memorandum to be subscribed thereon, the county in which fp°pear. ° *° 
 the defendant's appearance is to be entered. 
 
 2. • A defendant shall enter his appearance to a writ of How appearance 
 summons by delivei'ing to the proper officer a memorandum entered. 
 
 in writing, dated on the day of its delivery, and containing 
 the name of the defendant's solicitor, or stating that the 
 defendant defends in person. He shall, at the same time, 
 deliver to the officer a duplicate of the memorandum, 
 which the officer shall seal with the official seal, showing 
 the date on which it is sealed, and then return it to the 
 person entering the appearance, and the duplicate memor- 
 andum so sealed shall be a certificate that the appearance 
 was entered on the day indicated by the seal. (E. 78.) 
 
 8. A defendant shall, on the day on which he enters „ . (60) 
 
 . ■Li • i.- I! 1 • Notice of appeM- 
 
 an appearance to a writ oi summons, give notice or his anoe. 
 
 appearance (Form No. 2 in Part II., Appendix A) to the 
 plaintiff's solicitor, or if the plaintiff sues in person, to the 
 plaintiff himself. The notice may be given either by notice 
 in writing served in the ordinary way on plaintiff's solicitor, 
 or at the address for service, or by prepaid letter directed 
 to that address and posted on the day of entering appear- 
 ance in due course of post, and shall in either case be 
 accompanied by the sealed duplicate memorandum. (E. 79.) 
 
'83() StTLteS— At-PEAftANCfi. [PARlP 111. 
 
 Otiit Xft. ^_ ^ defendant appearing in person shall state in such 
 
 "'~-^ « ■ ' — memorandum his address. The solicitor of a defendant 
 
 Addre^""^ appearing by a solicitor, shall state in such memorandum 
 
 his address. The adress so stated shall be the address for 
 
 service. (E. 80, 81.) 
 
 befeotwe^ ad> 5. If the memorandum does not contain the address 
 
 dress. required by the preceding Rule, the memorandum shall not 
 
 be received; and if such an address shall be illusory or 
 
 fictitious, the appearance may be set aside by the Court or 
 
 a Judge on the application of the plaintiff; and the 
 
 plaintiff may be permitted by the Court or J'udge to proceed 
 
 by posting up the proceedings in the office from whence 
 
 the writ was issued. (E. 82.) 
 
 (53.) 6. The Memorandum of Appearance may be in the 
 
 Form No. 1, Appendix A., Part II., vs^ith sUch variations as 
 the circumstances of the case may require. (E. 83.) 
 
 (S4) 7. Upon receipt of a Memorandum of Appearance, the 
 
 BooZ '" *"^° officer shall forthwith enter the appearance in the Cause 
 Book. (E. 84.) 
 
 (5B-.) 8. When persons are sued as partners in the name of 
 
 partne«r° ''^ their firm, they shall appear individually in their own 
 names ; but all subsequent^roceedings .shall nevertheless 
 continue in the name of the firm. (E. 85.) 
 
 ^ (56.) 9. Where any person carrying on business in the name 
 
 "61*8011 S116Q UH- p f* I ^ ' i ' p ' i 
 
 der firm name. 01 a trm apparently consisting oi more than one person 
 shall be sued in the name of the firm, he shall appear in 
 his own name ; but all subsequent proceedings* shall 
 nevertheless continue in the name of the firm. (E. 86.) 
 
 -^, (5?) , 10. If two or more defendants in the same action shall 
 
 Two or more de* , . t ■ . i . i 
 
 tendanti. appear by the same solicitor and at the same time, the 
 
 names of all the defendants so appearing shall be inserted 
 in one memor'andum. (E. 87.) 
 
 (58.) 11. A solicitor not entering an appearance in pursuance 
 
 aMea^,"'™^ *°of his written undertaking so to do, shall be liable to an 
 attachment. (E. 88.) 
 (69.) 12. A defendant may appear at any time before 
 
 a^y tiSeJore judgment. If he appear at .any time after the time limited 
 judgment. (^y jjjg .^y^jj. fgp appearance he shall not, unless the Court 
 or a Judge shall otherwise order, be entitled to any further 
 time for delivering his defence, or for any other purpose, 
 than if he had appeared according to the writ. (E, 92.) 
 Appeamnoe by ^^- "'^"^ P^rson uot named as a defendant in any writ 
 En .°°* **"■ °^ summons for the recovery of land may, by leave of the 
 en mg. Court Or a Judge, appear and defend, on filing an affidavit 
 
 showing that he is ^ possession of the land either by 
 himself or by his tenant. (E. 95.) 
 
CHAP. 104.] RUtES-^DEFAULT OF APPEAEA'NCE. 831 
 
 14. Any person appearing to defend an action for the Order XIL 
 recovery of land as landlord, in respect of property ■ "' 
 
 ■whereof he is in possession only by his tenant, shall state Appearance by 
 in his appearance that he appears as landlord. (E. 96.) stafe"'** "" ^ 
 1.5. Whore a person not named as defendant in any ^^^'J, „ « 
 writ of summons for the recovery of land has obtained named as ae^ 
 leave of the Court or a Judge to appear and defend, he '™''''°*" 
 shall enter an appearance, according to the foregoing Rules 
 of this Order, intituled in the action against the party 
 named in the writ as defendant, and shall forthwith give 
 notice of such appearance to the plaintiff's solicitor, or to 
 the plaintiff if he sues in person, and shall in all subsequent 
 proceedings be named as a party defendant to the action. 
 (E. 97.) 
 
 16. Any person appearing to a writ of summons ^or ^^^^^(^S-)^ ^ 
 the recovery of land shall be at liberty to limit his defence part, 
 
 to a part only of the property mentioned in the writ, 
 describing that part with reasonable certainty in his 
 memorandum of appearance, or in a notice intituled in 
 the action and signed by him or his solicitors. Such notice 
 shall ba served within four days after appearance ; and an 
 appearance where the defence is not so limited shall be 
 deemed an appearance to defend for the whole. (E. 98.) 
 
 17. The notice mentioned'in the last preceding Rule (6i) 
 shall be in the Form No. 3, Appendix A, Part II., with such 
 variations as circumstances may require. (E. 99.) 
 
 IS. A defendant before appearing shall be at liberty,,. . (65,) 
 
 .,,,,.. 1 i. i i. • J • Notice of rnotion 
 
 Without obtaining an order to enter or entering a condi- to set aside pro- 
 tional appearance, to serve notice of motion to set aside the ''^^'''"'f*' 
 service upon him of the writ or of notice of the writ, or to 
 discharge the order authorizing such service. (E. 100.) 
 
 ORDER XIIL Order Xllt 
 
 i. 1, 
 Default of appearance, 
 
 1. Where no appearance has been entered to a writ ot^y^Jf^:^^^^^^^ 
 summons for a defendant who is an infant, or to a person of disftbmty, 
 tinsound mind not so found by judicial decision or inquisi- 
 tion, the plaintiff shall, before further proceeding with the 
 action, apply to the Court or a Judge for an order that 
 some proper person be assigned guardian of such defend* 
 ant, by whom he may appear and defend the action. But 
 no such order shall be made unless it appears on the hear- 
 ing of such application that the writ of summons was duly 
 served, and that notice of such application was, after the 
 expiration of the time allowed for appearance, and at least 
 six clear days before the day in such notice named for hear- 
 
832 EULES— DEFAULT OF APPEARANCE. [pART III. 
 
 Order XIII. jjjg the application, served upon, or left at the dwelling 
 — ^iL^ri^ — house of, the person with whom or under whose care such 
 
 defendant was at the time of serving such writ of summons, 
 and also (in the case of such defendant being an infant not 
 residing with or under the care of his father or guardian), 
 served upon or left at the dwelling house of the father or 
 guardian, if any, of such infant, unless the Court or Judge 
 at the time of hearing such applicatfoa shall dispense with 
 such last mentioned service. (E. 101.) 
 (67.) 2. Where any defendant fails to appear to a writ of 
 
 Affidavit of 8"-gun3mon3 of which notice has been served in lieu of service 
 of the writ, and the plaintiff is desirous of proceeding upon 
 default of appearance under any of the following Eules of 
 this Order, or under Order XV., Rule 1, he shall, before 
 taking such proceeding upon default, file an affidavit of 
 service, or of notice in lieu of service, as the case may be. 
 (E. 102.) 
 (68.) 3. Where the writ of summons is indorsed for a liqui- 
 
 Slf^m'i™*"" dated demand, whether specially or otherwise, and the 
 
 doraed. defendant fails, or all the defendants, if more than one, fail 
 
 to appear thereto, the plaintiff may enter final judgment 
 for any sum not exceeding the sum indorsed on the writ, 
 together with interest at the rate specified (if any), or (if 
 no rate be specified) at the rate of six per cent, per annum, 
 to the date of the judgment and costs. (E. 103.) 
 (69.) 4. Where the writ of summons is indorsed for a liqui- 
 
 tendanta!'"* *' dated demand, whether specially or otherwise, and there 
 are several defendants, of whom one or more appear to the 
 writ, and another or others of them fail to appear, the 
 plaintiff" may enter final judgment, as in the preceding 
 Rule, against such as have not appeared, and may issue 
 execution upon such judgment without prejudice 'to his 
 right to proceed with the action against such as have 
 appeared. (E. 104.) 
 
 (70.) o. Where the writ is indorsed with a claim for deten- 
 
 On claim for de- . . c j j ■ j • i.-i. c i^-l 
 
 tontion. tion 01 goods and pecuniary damages, or either of them, 
 
 and the defendant fails, or all the defendants if more than 
 one fail, to appear, the plaintiff" may enter interlocutory 
 judgment, and a writ of inquiry shall issue to assess the 
 value of the goods and the damages, or the damages only, as 
 the case may be, in respect of the causes of action disclosed 
 by the indorsement on the writ of summons. But the 
 Court or a Judge may order that, instead of a writ of 
 inquiry, the value and amount of damages, or either of 
 them, shall be ascertained in any way which the Court or 
 Judge may direct. (E. 105.) 
 
 Wherileverai ^' ^'^^'"^ ^he Writ is indorsed as in the last preceding 
 
 deJendants. Rule mentioned, and there are several defendants, of whom 
 
CHAP. 104.] RUI.ES-^DEFAULT OP APPEARANCE. 833 
 
 one or more appear to the writ, and another or others of O'***' ^"l- 
 them fail to appear, the plaintiff may sign interlocutory "' ''~^^' -- 
 judgment against the defendant or defendants so failing to 
 appear, and the value of the goods and the damages, or 
 either of them, as the case may be, may be assessed, as 
 against the defendant or defendants suffering judgment by 
 default, at the same time as the trial of the action or issue 
 therein against the other defendant or defendants, unless 
 the Court or a Judge shall otherwise direct. Provided that 
 the Court or a Judge may order that instead of a writ of 
 inquiry or trial, the value and amount of damages, or either 
 of them, shall he ascertained in any way which the Court 
 or Judge may direct. (E. 106.) 
 
 7. Where the writ is endorsed with a claim for deten- ^^.^(J^^o 
 tion of goods and pecuniary damages, or either of them, ages and liquid- 
 and is further indorsed for a liquidated demand, whether ''*'"™*'^- 
 specially or otherwise, and any defendant fails to appear 
 
 to the writ, the plaintiff may enter final judgment for the 
 debt or liquidated demand interest and costs against the 
 defendant or defendants failing to appear, and interlocutory 
 judgment for the value of the goods and the damages, or 
 the damages only, as the case may be, and proceed as 
 mentioned in such of the preceding Rules of this Order as 
 may be applicable. (E. 107.) 
 
 8. In case no appearance shall be entered in an action 's.) 
 for the recovery of land, within the time limited for 
 appearance, or if an appearance be entered but the defence 
 
 be limited to part only, the plaintiff shall be at liberty to 
 enter a 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. (E. 108.) 
 
 9. Where the plaintiff has indorsed a claim for mesne (m.) 
 profits, arrears of rent, or damages for breach of contract, anTdamagea' 
 upon a writ for the recovery of land, he may enter*"' 
 judgment as in the last preceding Rule mentioned, for the 
 
 land ; and may proceed as in the last preceding Rules of this 
 Order mentioned, as to such other claim so indorsed. (E. 109.) 
 
 10. Where judgment is entered pursuant to any of the 
 preceding Rules of this Order, it shall be lawful for ^^^ setun^'^^'lAi 
 Court or a Judge to set aside or vary such judgment upon judgment.' 
 such terms as may be just. (E. IJO.) 
 
 11. Where the action is in respect of a mortgage, and ■ 
 
 the plaintiff claims foreclosure or sale, or redemption, or (76.) 
 where the action is for the administration of an estate, ortition, admfcia" 
 for a partition, the plaintiff shall be entitled to a judgment '*"°"' *"' 
 on such evidence (if any) and in such cases (as nearly as 
 may be), as provided for by the practice immediately pi-e- 
 ceding the first day of October, A. D. 1S84<, relative there,to. 
 (0. 78.) 
 
 5i 
 
834 
 
 HULES— LEAVE TO SIGN JUDGMENT. [PART III. 
 
 Order XIII. 12. Where the action is for the foreclosure or 
 
 "' •^^' ^^' redemption of a mortgage, or sale of mortgaged premises, if 
 
 (77.) the plaintiff is not entitled to a judgment or would not 
 
 Notice in ^uoh ^^^^^ ^.^^ ^^ ^-^^ practice immediately preceding the first 
 
 day of October, A. D. 1S84, be entitled to such a judgment 
 
 or order as he desires, he shall be entitled to the proper 
 
 judgment or order, on notice or otherwise, according to the 
 
 said practice where a cause is heard on an order to take 
 
 (J^) the Bill vro confesso or otherwise. (0. 79.) 
 
 In other cases „ tl J _ ,1-01 i?it_' /-^J 
 
 action may pro- 13. In all actions not by the Kules 01 this Urder 
 "^^^ otherwise specially provided for, in case the party served 
 
 with the writ does not appear within the time limited for 
 appearance, upon the filing by the plaintiff of a proper 
 affidavit of service, and, if the writ is not specially indorsed 
 under Order III., Rule 5, of a statement of claim, the action 
 may proceed as if snch party had appeared, subject, as to 
 actions where an account is claimed, to the provisions of 
 Order XV. (E. 112.) 
 
 Order XIV. 
 rr. 1—3. 
 
 (79.) 
 Application 
 judgment. 
 
 (80.) 
 Summons to 
 show cause. 
 
 Showing cause. 
 
 ORDER XIV. 
 
 LEAVE TO SIGN JtTDGMENT AKD DErBND WHEEB WKIT SPECIALLY 
 ISDOESED. 
 
 1. Where the defendant appears to a writ of summons 
 'specially indorsed under Order III., Rule 5, the plaintiff 
 
 maj', on affidavit made by himself, or by any other person 
 who can swear positively to the facts, verifying the cause 
 of action and the amount claimed (if any), and stating 
 that in his belief there is no defence to the action, apply 
 to a Judge for liberty to enter final judgment for the 
 amount so indorsed, together with interest, if any, or for 
 recovery of the land (with or without rent or mesne 
 profits), as the case may be, and costs. The Judge may 
 thereupon, unless the defendant by affidavit or draierwise 
 shall satisfy him that he has a good defence to the action 
 on the merits, or disclose such facts as may be deemed 
 sufficient to entitle him to defend, make an order empower- 
 ing the plaintiff to enter judgment accordingly. (E. 115.) 
 
 2. The application by the piaintifi" for leave to enter 
 final judgment under the last preceding Rule shall be made 
 by summons returnable not less than four clear days 
 after service, accompanied by a copy of the affidavit and 
 exhibits referred to therein. (E. IIC.) 
 
 3. The defendant may show cause against such appli- 
 cation by affidavit, or (except in actions for the recovery 
 of land), by offering to bring into Court the sum indorsed 
 on the writ. Such affidavit shall state whether the defence 
 alleged goes to the whole or to part only, and (if so) to 
 
CHAP. 104.] RULES— APPLICATION FOR ACC0T7NT. 833 
 
 what part, of the plaintiff's claim. And the Judge may, if °^^^^ ^i^- 
 he think fit, order the defendant, or in the case of a —^ — ^^ — 
 corporation any officer thereof, to attend and be examined 
 upon oath ; or to produce any leases, deeds, books, or 
 documents, or copies of or extracts therefrom. (E. 117.) 
 
 4. If it appears that the defence set up by the defendant (82.) 
 applies only to a part of the plaintiff's claim, or that any p^rt."*^ ^^ ^ 
 part of his claim is admitted, the plaintiff shall have 
 judgment forthwith for such part of his claim as the defence 
 
 does not apply to or as is admitted, subject to such terms, 
 if any, as to suspending execution or the payment of the 
 amount levied or any part thereof into Court by the Sheriff, 
 the taxation of costs, or otherwise, as the Judge may think 
 fit. And the defendant may be allowed to defend as to the 
 residue of the plaintiff's claim. (E. 1 18.) 
 
 5. If it appears to the Judge that any defendant has a (83.) 
 good defence, or ought to be permitted to defend the action, defeadants. 
 and that any other defendant has not such defence and 
 ought not to be permitted to defend, the former may be 
 permitted to defend, and the plaintiff shall be entitled to 
 
 enter final judgment against the latter, and may issue exe- 
 cution upon such judgment without prejudice to his right 
 to proceed with his action against the former. (E. 119.) 
 
 6. Leave to defend may be given unconditionally, or (84.) 
 subject to such terms as to giving security, or time and^^*™'° ^*™ " 
 mode of trial (in cases which, under these Rules, may be 
 
 tried without a jury) or otherwise, as the Judge may think 
 fit. (E. 120.) 
 
 ORDER XV. 
 
 Order XV. 
 
 APPLICATION FOR ACCOUNT. rr. 1, 2. 
 
 1. Where a writ of summons has been indorsed for an (ss.) 
 account, under order III., Eule 7, or where the indorsement ^o°iSt?**^*°'^" 
 on a writ of summons involves taking an account, if the 
 defendant either fails to appear, or does not after appear- 
 ance, by affidavit or otherwise, satisfy the Court or Judge 
 
 that there is some preliminary question to be tried, an 
 order for the proper accounts, with all necess,ar3' inquiries 
 and directions usual in similar cases immediately preceding 
 the first day of October, A, D. 1884, shall be forthwith 
 made. (E. 121.) 
 
 2. An application for such order as mentioned in the (se.) 
 last preceding Rule shall be made by summons, and be MavS.™^ ™ *'" 
 supported by an affidavit, when necessary, filed on behalf 
 
 of the plaintiff, stating concisely the grounds of his claim to 
 an account. The application may be made at any time after 
 the time for entering an appearance has expired. (E. 122.) 
 
836 EULES — PARTIES. [PABT III. 
 
 Order XVI. ORDEE XVI. 
 
 rr. 1-6. 
 
 PAKTIES. 
 
 1. — Oenerally. 
 
 <87.} 1. All persons maybe joined as plaintiffs in whom the 
 
 Joinderof plain. j.jgjj^ to any relief claimed is alleged to exist whether joint- 
 ly, severally, or in the alternative. And judgment may be 
 given for such one or more of the plaintiffs as may be 
 found to be entitled to relief, for such relief as he or they 
 may be entitled to, without any amendment. But the 
 defendant, though unsuccessful, shall be entitled to his 
 costs occasioned by so joining any person who shall not be 
 found entitled to relief, unless the Court or a Judge in 
 disposing of the costs shall otherwise direct. CE. 123 ) 
 (88.) 2. Where an action has been commenced in the name 
 
 by'SaSe""'"* of a wrong person as plaintiff, or where it is doubtful 
 whether it has been commenced in the name of the right 
 plaintiff, the Court or a Judge, if satisfied that it has been 
 so commenced through a hona fide mistake, and that it is 
 necessary for the determination of the real matter in dispute 
 so to do, may order any other person to be substituted or 
 added as plaintiff, upon such terms as may be just. (E. 124.) 
 „ . J^®-^ « . 3. Where in any action any person has been improperly 
 
 Setoff not affect- ., . / , ^i • .-cr j i r i "l 
 
 ed by misjoinder, or unneccssanly joined as a co-plaintin, and a uercndant 
 has set up a counter-claim or set-off, he may obtain the 
 benefit thereof by establishing his set-off or counter-claim 
 as against the parties other than the co-plaintiff so joined, 
 notwithstanding the misjoinder af such plaintiff or any 
 proceeding consequent thereon. (E. 12.5.) 
 
 (90.) 4. All persons may be joined as defendants against 
 
 fe°nd»nts.°' ^°' whom the right to any relief is alleged to exist, whether 
 jointly, severally, or in the alternative. And judgment may 
 be given against such one or more of the defendants as may 
 be found to be liable, according to their respective liabilities, 
 without any amendment. (E. 126.) 
 
 Defendints not ^' ^^ ®^^^' '^'^^ ^^ neccssary that every defendant shall 
 interested as to be interested as to all the relief prayed for, or as to every 
 prooee mgs. ^g^^gg ^f action included in any proceeding against him ; 
 bnt the Court or a Judge may make such order as may 
 appear just, to prevent any defendant from being embar- 
 rassed or put to expense by being required to attend any 
 proceedings in which he may have no interest. (E. 127.) 
 
 All omtraoting ^' '^^^ plaintiff may, at his option, join as parties to 
 
 parties may bo the same action all or any of the persons severally, or 
 
 Joined. jointly and severally, liable on any one contract, including 
 
 parties to bills of exchange and promissory notes. (E. 128.) 
 
CHAP. 104.] RULES— PARTIES. 837 
 
 7. Where the plaintifF is in doubt as to the person ^^^^ ^^^ 
 
 rr. 7-11. 
 
 from whom he is entitled to redre.ss, he may, in such manner - 
 
 as hereinafter mentioned, or as may be prescribed by any (93) , 
 
 _ • 1 J • • i 1 J? T i _L ii '• i_ i. Where doubts 
 
 Special order, join two or more detendants, to the intent exist, 
 that in such action the question as to which, if any, of 
 the defendants is liable, and to what extent, may be 
 determined as betweeen all parties. (E. 129.) 
 
 8. Trustees, executors, and administrators may sue Representatives. 
 and be sued on behalf of or as representing the property 
 
 or estate of which they are trustees or representatives, 
 without joining any of the persons beneficially interested 
 in the trust or estate; and shall be considered as represent- 
 ing such persons ; but the Court or a Judge may, at any 
 stage of the proceedings, order any of such persons to be 
 made parties either in addition to or in lieu of the 
 previously existing parties. (E. 130 ) 
 
 9. Where there are numerous persons having the same,„ (^s.) 
 
 ^ I. 1 Where parties 
 
 interest in one cause or matter, one or more oi such persons numerous. 
 may sue or be sued, or may be authorized by the Court or 
 a Judge to defend, in such cause or matter, on behalf of 
 or for the benefit of all persons so interested. (E. 131.) 
 
 10. No cause or matter shall be defeated by reason of,, i^^p 
 
 ...-, ..-, n . t i /-^ Remedy for non- 
 
 the mis-joinder or non-joinder of parties, and the Court joinder and mis- 
 may in every cause or matter deal with the matter in''°'° ^'' 
 controversy so far as regards the rights and interests of 
 the parties actually before it. The Court or a Judge may, 
 at any stage of the proceedings, either upon or without 
 the application of either party, and on such teims as 
 may appear to the Court or a Judge to be just, order that 
 the names of any parties improperly joined, whether as 
 plaintiffs or as defendants, be struck out, and that the 
 names of any parties, whether plaintifl^s or defendants, who 
 ought to have been joined, or whose presence before the 
 Court may be nece,ssary in order to enable the Court 
 effectually and completely to adjudicate upon and settle 
 all the questions involved in the cause or matter, be added. 
 No person shall be added as a plaintiff" suing without a 
 next friend, or as the next friend of a plaintiff under any 
 disability, without his own consent in writing thereto. 
 Every party whose name is so added as defendant shall 
 be served with a writ of summons, or notice, in manner 
 hereinafter mentioned, or in such manner as may be 
 prescribed by any special order, and the proceedings as 
 against such party shall be deemed to have begun only on 
 the service of such writ or notice. (E. 133.) 
 
 11. Any application to add, or strike out, or substitute (b7.) 
 
 a plaintiff" or defendant may be made to the Court or a amend as to par- 
 Judge at any time before trial by motion or summons, or''*'' 
 at the trial of th'e action in a summary manner. (E. 134.) 
 
838 EULES — PARTIES. [PAET III. 
 
 Order XVI. 12. Where a defendant is added or substituted, the 
 
 ^ — ~ plaintiff shall, unless otherwise ordered by the Court or 
 
 .^(98-)^ w ^ Ju<^ge, file an amended copy of and sue out a writ of 
 
 defendant with suminons, and Serve such new defendant with such writ. 
 
 writ. 
 
 or notice in lieu of service thereof, in the same manner as 
 original defendants are served. (E. 135.) 
 seivinf^'iith ^^- ^^ ^ statement of claim has been delivered previ- 
 
 statement of ously to such defendant being added, the same shall, unless 
 otherwise ordered by the Court or Judge, be amended in 
 such manner as the making such new defendant a party 
 shall render desirable ; and a copy of such amended 
 statement of claim shall be delivered to such new defendant 
 at the time when he is served with the writ of summons 
 or notice, or afterwards within four days after his 
 appearance. (0. 106.) 
 
 S. — Partners. 
 aoo.) 14. Any two or more persons claiming or being liable 
 
 Fimi name may ^ •' *, j-ilZ c j.-l. 
 
 be used, as CO- partners may sue or be sued in the name or the 
 
 respective firms, if any, of which such persons were 
 co-partners at the time of the accruing of the cause of 
 action ; and any party to an action may in such case 
 apply by summons to a Judge for a statement of the names 
 of the persons who were, at the time of the accruing of 
 the cau.se of action, co-partners in any such firm, to be 
 furnished in such manner and verified on oath or otherwise 
 as the Judge may direct. Provided that, in the case of a 
 co-partnership which has been di.ssolved, to the knowledge 
 of the plaintiff, before the commencement of the action, 
 the writ of summons shall be served upon every person 
 sought to be made liable. (E. 136.) 
 Al"^-^,,^ . 1-5. Any person carrying on business in the name of 
 
 Even though but „ "^ '^^^1 • /' j; .1 
 
 one person. a hrm, apparently con.sisting 01 more than one person, may 
 be sued in the name of such firm, (E. 137.) 
 
 3, — Persons under disability. 
 
 (102.) 16. Infants may sue as plaintiffs by their next friends, 
 
 in the manner practised before the nineteenth day of April, 
 A. D. 1884; and may in like manner defend by their 
 guardians appointed for that purpose. (E. 138.) 
 
 (103.) 1 7. Married women may sue and be sued as provided 
 
 Marnedwomen. |^^^ ^^^ Married Womcu's Property Act, 1884. (E. 138.) 
 
 (104.) 18. Where lunatics and persons of unsound mind, not so 
 
 found by judicial decision or inquisition, might respectively, 
 immediately preceding the first day of October, A. D. 1884, 
 have sued as plaintiffs, or would have been liable to be sued as 
 
CHAP. 104.] RULES— PARTIES. 839 
 
 defendants in any action or suit, they may respectively sue '^^^^ ^^'■ 
 as plaintiffs in any action by their guardian, or next friend, -^^ — ~ - 
 according to the practice immediately preceding the said 
 first day of October, except as amended by these Rules, 
 and may in like manner defend any action by their 
 committees or guardians appointed for that purpose. 
 (E. 139.) 
 
 19. An infant shall not enter an appearance except by (lo^.) 
 his guardian ad litem. No order for the appointment of guaiS"!™ ^ 
 such guardian shall be necessary, but the solicitor applying 
 
 to enter such appearance, shall make and file an affidavit 
 in the Form No. 8 in Appendix A., Part II., with such 
 variations as circumstances may require. (E. 140.) 
 
 20. Every infant served with a petition or notice of „ , (io8.) 
 
 ,. . ,, 1 11 ,1 Order not neces- 
 
 raotion, or summons in a matter, shall appear on thesary. 
 hearing thereof by a guardian ad litem in all cases in 
 which the appointment of a special guardian is not provided 
 for. No order for the appointment of such guardian shall 
 be necessary, but the solicitor by whom he appears shall 
 previously make and file an affidavit as in the last Rule 
 mentioned. (E. 141.) 
 
 21. Before the name of any person shall be used in (io7.) 
 
 ,. i_ c ' 1 p .p, ,1 , Consent to be 
 
 any action as next iriend or any intant, or other party, or next Mend, 
 as relator, such person shall sign a written authority to the 
 solicitor for that purpose, and the authority shall be filed. 
 (E. 142.) 
 
 22. In all causes or matters to which any infant or (los-) 
 person of unsound mind, whether so found by inquisition friend%o/ "''' 
 or judicial decision or not, or person under any other 
 disability, is a partj', any consent as to the mode of taking 
 evidence, or as to any other procedure shall, if given with 
 
 the consent of the Court or a Judge by the next friend, 
 guardian, committee, or other person acting on behalf of 
 the person under disability, have the same force and effect 
 as if such party were under no disability, and had given 
 such consent. Provided that no such consent by any 
 committee, next friend, or guardian of a lunatic shall be 
 valid as between him and the lunatic unless given with the 
 sanction of the Court or a Judge. (E. 143.) 
 
 4- — Proceedings by or against Paupers. 
 
 23. Any person may be admitted in the manner (io9.) 
 heretofore accustomed to sue or defend as a pauper on *"P"^' 
 proof that he is not worth $.50, his wearing apparel and the 
 subject matter of the cau.se only excepted. (E. 144.) 
 
 24. A person desirous of suing as a pauper shall lay a . .(uo.) 
 case before counsel for his opinion whether or not he hasaeh"'™" ''°""" 
 reasonable grounds for proceeding. (E. 145.) 
 
840 
 
 EULES — PAETIES. 
 
 [part III. 
 
 Order XVI. 
 rr. 25—33. 
 
 an.) 
 
 Cose verified. 
 
 ai2.) 
 
 No court fee. 
 
 (113.1 
 Counsel, &o., to 
 be assigned. 
 
 (lU.) 
 No lee permit- 
 ted. 
 
 aiB.) 
 
 Punishment,&c., 
 for paying fee. 
 
 (116.) 
 Solicitor to sigu 
 notices, &g. 
 
 (117.) 
 Duty of paup- 
 er's solicitor. 
 
 (118.) 
 Costs to be 
 taxed. 
 
 25. No person shall be permitted to sue as a pauper, 
 unless the cas« laid before counsel for his opinion, and his 
 opinion thereon, with an affidavit of the party, or his 
 solicitor, that the case contains a full and true statement of 
 all the material facts to the best of his knowledge and 
 belief, shall be produced before the Court or Judge to 
 whom the application is made ; and no fee shall be payable 
 by a pauper to his counsel or solicitor. (E. 146.) 
 
 26. A person admitted to sue or defend as a pauper 
 shall not be liable to any court fee. (E. 147.) 
 
 27. Where a person is admitted to sue or defend as a 
 pauper, the Court or a judge maj', if necessary, a.ssign 
 counsel, or solicitor, or both, to assist him, and a counsel or 
 solicitor so assigned shall not be at liberty to refuse his 
 assistance unless he satisfies the Court or Judge that he 
 has some good reason for refusing. (E. 148.) 
 
 28. Whilst a person sues or defends as a pauper no 
 person shall take, or agree to take, or seek to obtain from 
 him, any fee, profit, or reward for the conduct of his business 
 in the Court, and any person who takes or agrees to take, 
 or seeks to obtain any such fee, profit, or reward, shall be 
 guilty of a contempt of Court. (E. 149.) 
 
 29. If any person, admitted to sue or defend as a 
 pauper, gives or agrees to give, any such fee, profit, or 
 reward, he shall be forthwith dispaupered, and shall not be 
 afterwards admitted again in the same cause to sue or 
 defend as a pauper. (E. 150.) 
 
 30. No notice of motion shall be served, or summons 
 issued, and no petition shall be presented, on behalf of 
 any person admitted to sue or defend as a pauper, except 
 for the discharge of his solicitor, unless it is signed by his 
 solicitor. (E. 151.) 
 
 31. It shall be the duty of the solicitor assigned to a 
 person admitted to sue or defend as a pauper, to take care 
 that no notice is served, or summons issued, or petition 
 presented, without good cause, (E. 152.) 
 
 32. Costs ordered to be paid to a person admitted to 
 sue or defend as a pauper shall, unless the Court or a 
 Judge shall otherwise direct, be taxed as in other cases. 
 (E. 153.) 
 
 5. — Administration and Execution of Trusts. 
 
 (119.) 33. In any case in which the right of an heir-at-law 
 
 ed To"^rcp?e°s"nt or the next of kin or a class shall depend upon the con- 
 
 a class. struction which the Court or a Judge may put upon an 
 
 instrument, and it shall not be known or shall be difficult 
 
 to ascertain who is or are such heir-at-law or next of kin 
 
 or class, and the Court or Judge shall consider that in 
 
CHAP. 104.] EULES— PARTIES. 841 
 
 order to save expense, or for some other reason, it will be ^^^^^ ^^^ 
 
 convenient to have the questions of construction determined — '■ — 
 
 before such heir-at-law next of kin or class shall have 
 been ascertained by means of inquiry or otherwise, the 
 Court or Judg^e may appoint some one or more persons to 
 represent such heii"-at-law next of kin or class, and the 
 judgment of the Court or Judge in the presence of such 
 persons shall be binding upon the heir-at-law next of kin 
 or class so represented. (E. 154.) 
 
 34. Any residuary legatee or next of kin entitled to a gggi^^^^"'^ j^ ^. 
 judgment or order for the administration of the personal tee and next of 
 estate of a deceased person, may have the same without 
 
 serving the remaining residuary legatees or next of kin. 
 (E. 155.) 
 
 35. Any legatee interested in a legacy charged upon L^g^tee^^'^ith 
 real estate, and any person interested in the proceeds of charge on 
 real estate directed to be sold, and who may be entitled '^ ^' 
 
 to a judgment or order for the administration of the 
 estate of a deceased person, may have the same without 
 serving anj' other legatee or person interested in the 
 proceeds of the estate. (E. 156.) 
 
 36. Any residuary devisee or heir entitled to the like (122-) , 
 
 •J J.JT. j.1. •ii.j. • Residuary devi- 
 
 judgment or order, may have the same without servmg sees and heirs, 
 any co-residuary devisee or co-heir. (E. 157.) 
 
 37. Any one of several cestuis que trust under any „ , (123.) 
 
 ■• 1 • -in. •It ii>.i Cestuis que 
 
 deed or instrument entitled to a judgment or order tor the trust. 
 execution of the trusts of the deed or instrument, may 
 have the same without serving any other cestui que trust. 
 (E. 158.) 
 
 38. In all cases of actions for the prevention of waste (i2i-) 
 or otherwise for the protection of property, one person 
 
 may sue on behalf of himself and all persons having the 
 same interest. (E. 159.) 
 
 39. Any executor, administrator, or trustee entitled j^^^^f^y^so^^;^^^ 
 thereto may have a judgment or order against any one one legatee, &o. 
 legatee, next of kin, or cestui que trust for the administra- 
 tion of the estate or the execution of the trusts. (E. 160.) 
 
 40. The Court or a Judge may require any person to condicf of the 
 be made a party to any action or proceeding, and may give proceedings. 
 the conduct of the action or proceeding to such person as 
 
 may be deemed best, and may make such order in any 
 particular case as may be deemed best for placing the 
 defendant on the record on the same footing in regard to 
 costs as other parties having a common interest with him 
 in the matters in question. (E. 161.) 
 
 41. Wherever, in any action for the administration of . (127.) 
 the estate of a deceased person or the execution of the part'S. '" ° 
 
842 EULES — PARTIES. [PART III. 
 
 Order XVI. trusts of any deed or instrument, or for the partition or 
 
 rr 42—47 ■ i ^ 
 
 ' — '■ ^sale of any hereditaments, a judgment or an order has 
 
 been pronounced or made — 
 (a) Under Order XV ; 
 (b.) Under Order XXXII ; 
 
 (c.) Affecting the rights or interests of persons not 
 parties to the action ; 
 
 The Court or a Judge may direct that an}'^ person 
 
 interested in the estate, or under the trust, or in the 
 
 hereditaments, shall be served with notice of the judgment 
 
 or order ; and after such notice such persons shall be bound 
 
 by the proceedings in the same manner as if they had 
 
 originally been made parties, and shall be at liberty to 
 
 attend the proceedings under the judgment or order. Any 
 
 person so served may, within one month after such service, 
 
 apply to the Court or a Judge to discharge, vary, or add 
 
 to the judgment or order. (E. 162.) 
 
 (128.) 42. It shall not be necessarj' for any person served 
 
 to"ppear°a3 de- with notice of any judgment or order, to obtain an order 
 
 fendant. f^j, Jjijerty to attend the proceedings under such judgment 
 
 or order, but such person shall be at liberty to attend the 
 
 proceedings upon entering an appearance in the same 
 
 manner, and subject to the same provisions, as a defendant 
 
 entering an appearance. (E. 163.) 
 
 (129.) 43. A memorandum of the service upon any person of 
 
 'notice of the judgment or order in any action under Rule 
 
 41 shall be entered in the Prothonotary's Office upon due 
 
 proof by affidavit of such service. (E. 164.) 
 
 (130.) 44. Notice of a judgment or order served pursuant to 
 
 titled and^orm' Rule 41 shall be entitled in the action, and there shall be 
 
 endorsed thereon a memorandum in the Form No. 22, 
 
 Appendix G. (E. 165.) 
 
 (131.) 45. Notice of a judgment or order on an infant or 
 
 Notice on infant j. n • i .. e i i • • . j . 
 
 or lunatic. person ot unsound mind not so round by inquisition or 
 judicial decision, shall be served in the same manner as a 
 a writ of summons in an action. (E. 166.) 
 (132.) 46. In any case or matter to execute the trusts of a 
 
 law^neoessaiy wiU it shall not be ncccssary to make the heir-at-law a 
 party. party, but the plaintiff shall be at liberty to make the heir- 
 
 at-law a party where he desires to have the will established 
 against him. (E. 167.) 
 wher^no^ 47. If in any cause, matter, or other proceeding, it shall 
 
 eentative. appear to the Court or a Judge that any deceased person 
 who was interested in the matter in question has no legal 
 personal representative, the Court or Judge may proceed in 
 the absence of any person representing the estate of the 
 deceased person, or may appoint some person to represent 
 bis estate for all the purposes of the cause, matter, or other 
 
CHAP, 104.] EULES— PAETIES. 843 
 
 proceeding, on such notice to such persons, if any, as the O"^^®"^ ^"'■^■ 
 Court or Judge shall think fit, either specially or generally ■ "' ^~^°" 
 by public advertisement, and the order so made, and any 
 order consequent thereon, shall bind the estate of the 
 deceased person in the same manner in every respect as if a 
 duty constituted legal personal representative of the 
 deceased had been a party to the cause, matter, or proceed- 
 ing. (E. 168.) 
 
 48. In any cause or matter for the administration of t;^„ li^' „ 
 
 xViijjT 1 111 Who to appear 
 
 tne estate oi a deceased person, no party other than thei? administra- 
 executor cr administrator shall, unless by leave of t^e''™™''^- 
 Court or a Judge, be entitled to appear either in Court or 
 in Chambers on the claim of any person not a party to the 
 cause or matter against the estate of the deceased person in 
 respect of any debt or liability. The Court or a Judge may 
 direct or give liberty to any other party to the cause or 
 matter to appear, either in addition to or in the place of the 
 executor or administrator, upon such terms as to costs or 
 otherwise as they or he shall think fit. (E. 169.) 
 
 6. — Third Party Procedure. 
 
 49. Where a defendant claims to be entitled to contri- „ ^. (\8s,) 
 
 , . . -, . , Notice to person 
 
 bution, or indemnity over against any person not a party iiawe to contn- 
 to the action, he may, by leave of the Court or a Judge, nSfy defendant 
 issue a notice (hereinafter called the third-party notice) to 
 that effect, stamped with the seal with which writs of sum- 
 mons are sealed. A copy of such notice shall be filed with 
 the proper officer and served on such person according to 
 the Rules relating to the services of writs of summons. The 
 notice shall state the nature and grounds of the claim, and 
 shall, unless otherwise ordered by the Court or a Judge, be 
 served within the time limited for delivering his defence. 
 Such notice may be in the form or to the effect of the 
 Form No. 1, Appendix B, with such variations as circum- 
 stances may require, and therewith shall be served a copy 
 of the statement of claim, or if there be no statement of 
 claim, then a copy of the writ of summons in the action. 
 (E. 170.) 
 
 50. If a person not a party to the action, who is served (i^e.) 
 
 as mentioned in Rule 49 (hereinafter called the third- third pa,rty. ^ 
 party), desires to dispute the plaintiff's claim in the action 
 as against the defendant on whose behalf the notice has 
 been given, or his own liability to the defendant, the third 
 party must enter an appearance in the action within ten 
 days from the service of the notice. In default of his so 
 doing, he shall be deemed to admit the validity of the 
 judgment obtained against such defendant, whether obtained 
 
844 
 
 EULES — PARTIES. 
 
 [part III. 
 
 (138.) 
 Judgment 
 against third 
 party after 
 trial. 
 
 Order XVI. i^y consent or otherwise, and his own liability to contribute 
 
 '■ — - — '— or indemnify, as the case may be, to the extent claimed in 
 
 the third-party notice. Provided always^ that a person so 
 served and failing to appear within said period of ten days 
 may apply to the Court or a Judge for leave to appear, 
 and such leave may be given upon such terms, if any, as 
 the Court or Judge shall think fit. (E. 171.) 
 
 ^. P?')x^. . 51. Where the third party makes default in entering 
 
 Default by third .,i ,.'^. , ^ e ■\ >. • • 
 
 party. an appearance in the action, in case the derendant giving 
 
 the notice suffer judgment by default, he shall be entitled 
 at any time, after satisfaction of the judgment against 
 himself, or before such satisfaction by leave of the Court 
 or a Judge, to enter judgment against the third party to 
 the extent of the contribution or indemnity claimed in the 
 third-party notice ; provided that it shall be lawful for the 
 Court or a Judge to set aside or varj'^ such judgment upon 
 such terms as may seem just. (E. 172.) 
 
 52. Where a third party makes default in entering an 
 appearance in the action, in case the action is tried and 
 results in favor of the plaintiff, the Judge who tries the 
 action may, at or after the trial, enter such judgment as 
 the nature of the case may require for the defendant giving 
 the notice against the third party ; provided that execution 
 thereof be not issued without leave of the Judge until 
 after satisfaction by such defendant of the verdict or 
 judgment against him. And if the action is finally decided 
 in the plaintifi's favour, otherwise than by trial, the Court 
 or a Judge may, on application by motion or summons, as 
 the case may be, order such judgment as the nature of 
 the case may require to be entered for the defendant 
 giving the notice against the third party at any time after 
 satisfaction by the defendant of the amount recovered by 
 the plaintiff against him. (E, 173.) 
 
 53. If a third party appears pursuant to the third- 
 party notice, the defendant giving the notice may apply to 
 the Court or a Judge for directions, and the Court or a 
 Judge, upon the hearing of such application, may, if 
 satisfied that there is a question proper to be tried as to 
 the liability of the third party to make the contribution or 
 indemnity claimed, in whole or in part, order the question 
 of such liability, as between the third party and the 
 defendant giving the notice, to be tried in such manner, at 
 or after the trial of the action, as the Court or Judge may 
 direct; and if not so satisfied may order such judgment 
 as the nature of the case may require to be entered in 
 favour of the defendant giving the notice against the 
 third party. (E. 174.) 
 
 (139.) 
 Directions to 
 hird party. 
 
CHAP. 104] RULES— CHANGE OF PARTIES BY DEATH, ETC. 845 
 
 54. The Court or a Judge upon the hearing of the onei oti. 
 application mentioned in Rule 53 may, if it shall appear 
 
 desirable to do so, give the third party liberty to defend „ . , (i/o-.). ,,„ 
 the action, upon such terms as may be just, or to appear of third party, 
 at the trial and take such part therein as may be just, 
 and generally may order such proceedings to be taken, 
 documents to be delivered, or amendments to be made, and 
 give such directions as to the Court or Judge shall appear 
 proper, for having the question most conveniently deter- o 
 mined, and as to the mode and extent in or to which the 
 third party shall be bound or made liable by the judgment 
 in the action. (E. 175.) 
 
 55. The Court or a Judge mav decide all questions of _ . (i^l')^,,, 
 
 , , ,1.1 ^ N , , , -^ .... 1 Costs as to thlra 
 
 costs as between a third party and the other parties to the party. 
 action, and may order any one or more to pay the costs of 
 any other, or others, or give such direction as to costs as 
 the justice of the case may require. (E. 17G.) (^ 
 
 56. Where a defendant claims to be entitled to con- ^^.^^j^*^;.), 
 tribution or indemnity against any other defendant to theoedure between 
 
 •' 1 ° . 11, 1 J defendants. 
 
 action, a notice may be issued- and the same procedure 
 shall be adopted, for the determination of such questions 
 between the defendants, as would be issued and taken 
 against such other defendant, if such last-mentioned 
 defendant were a third party ; but nothing herein contained 
 shall prejudice the rights of the plaintiff against any 
 defendant in the action. (E. 177.) 
 
 ORDEE XVII. order XVII. 
 
 rr. 1, 2. 
 
 CHAKGE OF PARTIES ET DEATH, &C. 
 
 1. A cause or matter shall not become abated by jj^ ^J^i^^'^j^^ 
 reason of the marriage, death, or bankruptcy of any of the by death, mar- 
 parties, if the cause of action survive or continue, and"*'''' 
 shall not become defective by the assignment, creation or 
 devolution of any estate or title pendente lite ; and, whether 
 
 the cause of action survives or not, there shall be no 
 abatement by reason of the death of either party between 
 the verdict or iinding of the issues of fact and the 
 judgment, but judgment may in such case be entered, 
 notwithstanding the death. (E. 178.) 
 
 2. In case of the marriage, death, or assignment, or 
 devolution of estate by operation of law, of any party to a Power to' add 
 cause or matter, the Court or a Judge may, if it be deemed ^°'''"°'' 
 necessary for the complete settlement of all the questions 
 
846 RULES — CHANGE OF PARTIES BY DEATH, ETC. [PART III. 
 
 Order XVII. involved, order that the husband, personal representative, 
 ~ ' — trustee, or other successor in interest, if any, of any such 
 
 party be made a party, or be served with notice in such 
 manner and form as hereinafter prescribed, and on such 
 terms as the Court or Judge shall think just, and shall 
 make such order for the disposal of the cause or matter as 
 may be just. (E. 179.) 
 (1*^) ^.„ 3. In case of an assignment, creation, or devolution of 
 
 Successor in title " j . i 
 
 or estate to be any estate or title pendente Cite, the cause or matter may 
 
 new pa y. -^^ Continued by or against the person to or upon whom 
 
 such estate or title has come or devolved. (E. 180.) 
 
 (146.) 4. Where by reason of marriage, death, assignment, or 
 
 pereons ° bMjoii^ any other event occurring after the commencement of a 
 
 mg interested, ga^gg q^ matter, and causing a change or transmission of 
 
 interest or liability, or by reason of any person interested 
 
 coming into existence after the commencement of the cause 
 
 or matter, it becomes necessary or desirable that any person 
 
 not already a party should be made a party, or that any 
 
 person already a party should be made a party in another 
 
 capacity, an order that the proceedings shall be carried on 
 
 between the continuing parties, and such new party or 
 
 parties, may be obtained ex parte on application to the 
 
 Court or a Judge, upon an allegation of such change, or 
 
 transmission of interest or liability, or of such person 
 
 interested having come into existence. (E. 181.) 
 
 Order kJbe ser- ^- -^"^ Order obtained as in the last preceding Rule 
 vedonsuch. mentioned shall, unless the Court or Judge shall otherwise 
 direct, be served upon the continuing party or parties, or 
 their solicitors, and also upon each such new part}', unless 
 the person making the application be himself the onlj' new 
 party, and the order shall from the time of such service, 
 subject nevertheless to the next two following Rules, be 
 binding on the persons served therewith, and every person 
 served therewith who is not already a party to the cause 
 or matter, shall be bound to enter an appearance thereto 
 within the same time and in the same manner as if he had 
 been served with a writ of summons. (E. 182.) 
 varyin"order. 6. When any persou who is under no disability or 
 
 under no disability other than coverture, or being under 
 any disability other than coverture, but having a guardian 
 ad litem in the cause or matter, shall be served with such 
 order as in Rule 4 mentioned, such person may apply to 
 the Court or a Judge to discharge or vary such order at 
 any time within twelve days from the service thereof. 
 (E. 183.) 
 PersonV ^' ™der ''• ^hcre any person being under any disability other 
 disability. than coverturc, and not having a guardian ad litem in the 
 cause or matter, is served with any order as in Rule 4 
 
CHAP. 104.] RULES — JOIKDER OF CAUSES OF ACTION. 847 
 
 mentioned, such person may apply to the Court or a Judge °^^®' ^^"■ 
 
 to discharge or vary such order at anj' time within twelve ■ ■ — 
 
 days from the appointment of a guardian ad litem for such 
 party, and until such period of twelve days shall have 
 expired such order shall have no force or effect as against 
 such last mentioned person. (E. 184.) 
 
 8. When the plaintiff or defendant in a cause or (i^o.) 
 matter dies, and the cause of action survives, but the person peiung plaintiff 
 entitled to proceed fails to proceed, the defendant (or tj^e '" '"^°°°^''" 
 person against whom the cause or matter may be continued) 
 
 may apply by summons to compel the plaintiff (or the 
 person entitled to proceed) to proceed within such time as 
 may be ordered : and in default of such proceeding, 
 judgment may be entered for the defendant, or, as the case 
 may be, for the person against whom the cause or matter 
 might have been continued ; and in such case, if the 
 plaintiff has died, execution may issue as in the case 
 provided for by order XL., Rule 23. (E. 185.) 
 
 9. Where any cause or matter becomes abated, or in (ibi.) 
 case of any such change of interest as by this Order abatement." 
 provided for, the solicitor for the plaintiff, or person having 
 
 the conduct of the cause or matter, as the case may be, 
 shall certify the fact to the proper officer, who shall cause 
 an entry thereof to be made in the Cause Book opposite to 
 the name of such cause or matter. (E. 186.) 
 
 10. Where any cause or matter shall have been .(i52.) 
 standing for one year in the Cause Book marked as abated cause. 
 " abated," or standing over generally, such cause or matter 
 
 at the expiration of the year shall be struck out of the 
 Cause Book. (E. 187.) 
 
 ORDER XVIII. order xvm, 
 
 rr. 1, 2. 
 
 JOINDER OF CAUSES OV ACTION 
 
 1. Subject to the following Rules of this Order, the„, (ws.) 
 
 , . , ■ r« • . • . 1 i. ■ 1 i: Subject to ordei', 
 
 plaintifr may unite in the same action several causes or several causes of 
 action, but if it appear to the Court or a Judge that any?-^?^"^ "^^ *>« 
 such causes of action cannot be conveniently tried or 
 disposed of together, the Court or Judge may order 
 separate trials of any of such causes of action to be had, or 
 may make such other order as may be necessary or 
 expedient for the separate disposal thereof. (E. 188.) 
 
 2. No cause of action shall, unless by leave of the (154.5 
 Court or a Judge, be joined with an action for the recovery Mtiomfor land, 
 of land, except claims in respect of mesne profits or arrears 
 
trustees in bank- as such, shall not, unless by leave of the Court or a Judge, 
 rup oy. ^^ joined with any claim by him in any other capacity. 
 
 848 EULES — JOINDER OF CAUSES OF ACTION. [PART III. 
 
 °'^®''^™- of rent or double value in respect of the premises claimed, 
 
 '■ '■ — or any part thereof, and damages for breach of any 
 
 contract under which the same or any part thereof are 
 held, or for any wrong or injury to the premises claimed. 
 (E. 189.) 
 
 And d^aima by ^- Claims by & trustce in bankruptcy or insolvency 
 -as such, s' " ■ t , , „ .-, ^ . 
 
 be joined 
 
 (E. 190.) 
 
 Sf^i ain t ^" Claims by or against husband and wife may be 
 married persons, joined with claims by or against either of them separately. 
 (E. 191.) 
 
 (157.) 5 Claims by or against an executor or administrator, 
 
 Exeoutors, 6Jc. , •! , ° . , , . ., . . . ' 
 
 as such, may be joined with claims by or against him per- 
 sonally, provided the last-mentioned claims are alleged to- 
 arise with reference to the estate in respect of which the 
 plaintiff or defendant sues or is sued as executor or admin- 
 istrator. (E. 192.) 
 
 (158.) 6. Claims by plaintiffs jointly may be joined with 
 
 jotatiy *"and claims by them or any of them separately against the same 
 severally. defendant. (E. 193.) 
 
 (159.) 7. The last three preceding Rules shall be subject to 
 
 '"■ Rules 1, 8, and 9 of this Order. (E. 194.) 
 
 Uoatlon ^' "^^y defendant alleging that the plaintiff has united 
 
 BtrUceout. in the same action several causes of action which cannot 
 be conveniently disposed of together, may at any time 
 apply to the Court or a Judge for an order confining the 
 action to such of the causes of action as may be conveniently 
 disposed of together. (E. 195.) 
 
 Order ^\°o'ltriko ^" ^^' '^^ *'^® hearing of such application as in the last 
 out pleadings, preceding Rule mentioned, it shall appear to the Court or a 
 Judge that the causes of action are such as cannot all be 
 conveniently disposed of together, the Court or Judge may 
 order any of such causes of action to be excluded, and 
 consequential amendments to be made, and may make such 
 order as to costs as may be just. (E. 196.) 
 
CaAP. 104.] RULES — PLEADING GENERALLY. 
 
 OEDEE XIX. • Order XIX. 
 
 rr. 1-S. 
 
 PLEADING GENBRAILY. 
 
 1. The following rules of pleading shall be used in (lea.) 
 the Supreme Court instead of those heretofore used, pleading. 
 (E. 197.) 
 
 2. The plaintiff shall, subject to the provisions of Order gtatement' oi 
 XX, and at such time and in such manner as therein pre-oiaim. 
 scribed, deliver to the defendant a statement of his claim, 
 
 and of the relief or remedy to v^hich he claims to be 
 entitled. The defendant shall, subject to the provisions of Defenoe. 
 Order XXI., and at such time and in such manner as therein 
 prescribed, deliver to the plaintiff his defence, set-off, or 
 counter-claim (if any), and the plaintiff shall, subject to the Reply, 
 provisions of Order XXIII., and at such time and in such 
 manner as therein presciibed, deliver his reply (if any) to 
 such defence, set-off, or counter-claim. Such statements !J°8*8 °' P'°"*- 
 shall be as brief as the nature of the case will admit, and 
 the taxing authority in adjusting the costs of the action 
 shall at the instance of any party, or may without any 
 request, inquire into any unnecessary prolixity, and order 
 the costs occasioned by such prolixity to be borne by the 
 party chargeable with the same. (E, 198.) 
 
 3. A defendant in an action may set off, or set up, by (is*-) 
 way of counter-claim against the claims of the plaintiff, ter-oiaim. 
 any right or claim, whether such set-off or counter-claim 
 sound in damages or not, and such set-off or counter-claim 
 
 shall have the same effect as a cross action, so as to enable 
 the Court to pronounce a final judgment in the same action, 
 both on the original and on the cross claim. But the Court 
 or a Judge may, on application of the plaintiff before trial, 
 if in the opinion of the Court or Judge such set-oft or 
 counter-claim cannot be conveniently disposed of in the 
 pending action, or ought not to be allowed, refuse permis- 
 sion to the defendant to avail himself thereof. (E. 199.) 
 
 4. Every pleading shall contain, and conta;in only, a... ^.(i^eo i 
 statement in a summary form of the material facts on summary state* 
 ■which the party pleading relies for his claim or defence, as""™*' 
 
 the case may be, but not the evidence by which they are 
 to be proved, and shall, when necessary, be divided into 
 paragraphs numbered consecutively. Dates, sums, and 
 numbers shall be expressed in figures and not in words. 
 Pleadings shall be signed by the solicitor, or by the party To be signed. 
 if he sues or defends in person. (E. 200.) 
 
 5. The Forms in Appendices C, D., and E., when (lea.) 
 applicable, and where they are not applicable, Forms of a ^°™'' 
 
 65 
 
850 RULES — PLEADING GENERALLY. [PART III, 
 
 Order XIX. jj^g character, as near as may be, shall be used for all plead- 
 
 -^ — ^—^ — ings, and where such Forms are applicable and sufficient 
 any longer Forms shall be deemed prolix, and the costs 
 occasioned by such prolixity shall be disallowed to or borne 
 by the party so using the same, as the case may be, 
 (E. 201.) 
 (167.) 6. In all cases in which the party pleading relies on 
 
 certain oases.'" any misrepresentation, fraud, breach of trust, wilful default, 
 or undue influence, and in all other cases in which particu- 
 lars may be necessary beyond such as are exemplified in 
 the Forms aforesaid, particulars (with dates and items if 
 necessary) shall be stated in the pleading ; provided that, 
 if the particulars be of debt, expenses, or damages, and 
 exceed three folios, the fact must be so stated, with a 
 reference to full particulars already delivered or to be 
 delivered with the pleading. (E. 202.) 
 (168.) 7. A further and better statement of the nature of the 
 
 ter particulars! claim or defence, or further and better particulars of any 
 matter stated in any pleading, notice, or written proceeding 
 requiring particulars, may in all cases be ordered, upon 
 such terms as to costs and otherwise as may be just. 
 (E. 203.) 
 (169.) 8. The party at whose instance particulars have been 
 
 ticuiars. " ^^ delivered under a Judge's order shall, unless the order 
 otherwise provides, have the same length of time for 
 pleading after the delivery of the particulars that he had 
 at the return of the summons. Save as in this Rule 
 provided, an order for particulars shall not, unless the order 
 otherwise provides, operate as a stay of proceedings, or 
 give any extension of time. (E. 204.) 
 (170.) 9. Every pleading may be either printed or written, 
 
 Written or print- Qj. ^^^^^^ printed and partly written. (E, 20.5.) 
 
 (171.) 10. Every pleading or other document required to be 
 
 Service of plead- j^jj^g^g J to a party, or between parties, shall be delivered, 
 
 in the manner now in use, to the solicitor of every party 
 
 who appears by a solicitor, or to the party if he does not 
 
 appear by a solicitor, but if no appearance has been entered 
 
 for any party, then such pleading or document shall be 
 
 delivered by being filed with the proper oflBcer. (E. 206.) 
 
 (172.) 11. Every pleading shall he delivered between parties, 
 
 m'i^f' ''"''and shall be marked on the face with the date of the day 
 
 on which it is delivered, the reference to the letter and 
 
 number of the action, the title of the action, and the 
 
 description of the pleading. (E. 207.) 
 
 (173.) 12. Nothing in these Rules contained shall affect the 
 
 Sutf."'"^ ''''right of any defendant to plead not guilty by statute. 
 
 And every defence of not guilty by statute shall have 
 
 the same effect as a plea of not guilty by statute has 
 
'CfiAl>. 104.] EtTLES— ?LEAMNG ©ENEBA'Ll.T. '851 
 
 iieretofore had Bat -if the defendant so plead, he shall '*'*^*^3^^ 
 
 Tiot plead any other defence to the same cause of action — '■ ^— 
 
 ■without the leave of the Court or a Judge. (E. 20a) 
 
 13. Every allegation of fact in any pleading, not ^^.^ ar*;)^.^^^ 
 being a petition or summons, if not denied specifically or 
 
 W necessary implication, or stated to be not admitted in 
 the pleading of the opposite party, shall be taken to be 
 «,dmitted, except as against an infant, lunatic, or person 
 -of unsound mind not so found by inquisition or Judicial 
 ■decision. (E. 209.) 
 
 14. Any condition precedent, the performance or„ J}"!^-) 
 
 p ,.,.,^ , , , ^ 111,1 Conditions .pre- 
 
 ■occurrence or -which is intended to be contested, shall be cedent. 
 •distinctly specified in his pleading by the plaintiff or 
 'defendant (as the case may be)^ and subject thereto an 
 a,verment of the performance or occurrence of all conditions 
 precedent necessary for the case of the plaintift' or deifendant 
 shall be implied in his pleading, (E. 210.) 
 
 15. Th« defendant or plaintiff (as the case may be),^ (i^y . 
 
 , . , , . , 1 . r V ./, / What facts must 
 
 must raise by his pleading all matters which show the be pleaded, 
 ■action or counter-claim not to be maintainable, or that the 
 transaction is either void or voidable in point of law, and 
 ■all such grounds of defence or reply, as the case may be, 
 •as if not raised would be likely to take the opposite party 
 by surprise, or would raise issues of fact not arising out of 
 the preceding pleadings, as for instance, fraud, Statute of 
 Limitation, release, payment, performance, facts showing 
 illegality either by statute or common law, or Statute of 
 Frauds. (E. 211.) 
 
 16. No pleading, not being a petition or summons, ^^^ taOTnaistent 
 shall, except by way of amendment, raise any new grounds pleadings. 
 
 •of claim, or contain any allegation of fact inconsistent 
 with the previous pleadings of the party pleading the 
 same. (E. 212.) 
 
 17. It shall not be sufficient for a defendant in his„ ^V^\ .-, 
 
 Geneial denial 
 
 ■statement or derence to deny generally tlie grounds alleged insufficient. 
 by the statement of claim, or for a plaintiff in his reply 
 to deny generally the grounds alleged in a defence by way 
 •of counter-claim, but each party must deal specifically 
 with each allegation of fact of which he does not admit 
 the truth, except damages. (E. 213.) 
 
 18. Subject to the last preceding Rule, the plaintiff by , . . (i79) 
 
 Joining issHfe 
 
 his reply may join issue upon the defence, and each party 
 in his pleading (if any), subsequent to reply, may join 
 issue upon the previous pleading. Such joinder of issue 
 shall operate as a denial of every material allegation of 
 facts in the pleading upon which issue is joined, but it 
 may except any facts which the party may be willing to 
 
852 
 
 RULES— PLEADING aENERALLT. [PART III. 
 
 Order XIX. admit, and shall then operate as a denial of the facts not 
 
 rr. 19-24. 
 
 so admitted. (E. 214.) 
 
 (180.) 19. When a party in any pleading denies an allegation 
 
 toSriind fua' of fact in the previous pleading of the opposite party, he 
 must not do so evasively, but answer the point of sub- 
 stance. Thus, if it be alleged that he received a certain 
 sum of money, it shall not be sufficient to deny that he 
 received that particular amount, but he must deny that he 
 received that sum or any part thereof, or else set out how- 
 much he received. And if an allegation is made with 
 divers circumstances, it shall not be sufficient to deny it 
 along with those circumstances. (E. 215.) 
 
 20. When a contract; promise, or agreement is alleged 
 in any pleading, a bare denial of the same by the opposite 
 party shall be construed only as a denial in fact of the 
 express contract, promise, or agreement alleged, or of the 
 matters of fact from which the same may be implied by 
 lavF, and not as a denial of the legality or sufficiency in law 
 of such contract, promise, or agreement, whether with 
 reference to the Statute of Frauds or otherwise. (E. 216.) 
 
 (181.) 
 Denial of con- 
 tract. 
 
 Legality. 
 
 Statute 
 Frauds. 
 
 (182.) 
 Effect of docu- 
 ments to be 
 stated. 
 
 (183.) 
 Allegation of 
 malice, &c. 
 
 (184.) 
 Allegation of 
 notice. 
 
 (185.) 
 Implied con- 
 tract. 
 
 21. Wherever the contents of any documents are 
 material, it shall be sufficient in the pleading to state the 
 effect thereof as briefly as possible, without setting out the 
 whole or any part thereof unless the precise words of the 
 document or any part thereof are material. (E. 217.) 
 
 22. Wherever it is material to allege malice, fraudulent 
 intention, knowledge, or other condition of the mind of any 
 person, it shall be sufficient to allege the same as a fact 
 without setting out the circumstances from which the same 
 is to be inferred. (E. 218.) 
 
 23. Wherever it is material to allege notice to any 
 person of any fact, matter, or thing, it shall be sufficient to 
 allege such notice as a fact, unless the form or the precise 
 terms of such notice, or the circumstances from which such 
 notice is to be inferred, be material, (E. 219.) 
 
 24. Whenever any contract or any relation between 
 any persons is to be implied from a series of letters or 
 conversations, or otherwise from a number of circumstances, 
 it shall be sufficient to allege such contract or relation as a 
 fact, and to refer generally to such letters, conversations, 
 or circumstances without setting them out in detail. And 
 if in such case the person so pleading desires to rely in 
 the alternative upon more contracts or relations than one 
 as to be implied from such circumstances, he may state the 
 same in the alternative. (E. 220.) 
 
CHAP. 104.] EULES— PLEADING GENERALLY. 853 
 
 25. Neither party need in an};^ pleading allege any ^'^^^ ^^^ 
 matter of fact which the law presumes in his favor or as to ■ "' ^^~^'^- 
 
 which the burden of proof lies upon the other side, unless (ise.) 
 the same has first been specifically denied : (e. g., consideration need""not be" ' 
 for a bill of exchange, where the plaintiff sues only on^'**^**- 
 the bill, and not for the consideration as a substantive 
 ground of claim). (E. 221.) 
 
 26. No technical objection shall be raised to any (i87.) 
 pleading on the ground of any alleged want of form, jeotions. ' 
 (E. 222.) 
 
 27. The Court or a Judge may at any stage of the (iss.) 
 proceedings order to be struck out or amended any matter striidng out 
 in any indorsement or pleading which may be unnecessary p^'**'°b«- 
 or scandalous, or which may tend to prejudice, embarrass, 
 
 or delay the fair trial of the action ; and may in any such 
 case, if they or he shall think fit, order the costs of the 
 application to be paid as between solicitor and client. 
 (E. 223.) 
 
 28. Delivering a statement of claim or defence, or dss) 
 other pleading or proceeding, when mentioned or referred " " ^^' 
 to in these Orders, includes filing, where by the practice of 
 
 the Court heretofore, or under these Orders, statements, 
 pleadings, or proceedings of a like kind ought to be filed. 
 (O. 150.) 
 
 29. In any action for slanderous words spoken of any .(js"^ 
 woman,, imputing to her- any unchaste conduct, it shall not need not be ai- 
 be necessary to allege in pleading, or prove at the trial, Jf^la. '° °^'''*'° 
 that any special damage resulted to her from the utterance 
 
 of such words ; but she shall recover such damages as may 
 be assessed, without such averment or proof of damage. 
 (P. A. 184.) 
 
 30. In cases of any action' founded upon a bill of j^^^^ 0^^!! of 
 exchange or other negotiable instrument, it shall be lawful exchange not to 
 for the Court or a Judge to order that the loss of such ^enlf. "^ *^ ''*' 
 instrument shall not be set up, provided an indemnity is 
 
 given, to the satisfaction of the Court or Judge, against the 
 claims of any other person upon such negotiable instrument. 
 (P. A. 241.) 
 
864- RULES — STATEMENT OF CLAIM. [PART- HE. 
 
 ordw XX. OEDEB XX. 
 
 r. 1. 
 
 SXABEMENB OP- CIAIIT.. 
 
 (192.) 1. The (Jelivery of stafeemeflts of claim shall be regulated 
 
 claims. aS tollOWS := — 
 
 ^dau "^S- (^'^^ Where the writ is specially indorsed under Order 
 
 ^^.^ "" III., Kale 5, no further statement of claim 
 
 shall be delivered, but the indorsement on the 
 writ shall be deemed to be the statement of 
 claim r 
 
 Need not be de- (f^J Ssbject to the pjfovisions of Order Xlil., Rule 13, 
 oTande ™ '^^ ^~ as to filing a statement of claim when there> 
 
 is no appearance, no statement of claim need 
 be delivered unless the defendant at the time- 
 of entering appearance, or within eight days 
 thereafter, gives notice in writing to the 
 plaintiff or his solicitor that he requires a. 
 statement of claim to be delivered : 
 
 Time for db- fc.^ If Eo Statement of claim has been delivered and 
 ^<"7- the defendant gives notice rec^uiring the 
 
 delivery of a statement of claim, the plaintiff 
 shall, unless otherwise ordered by the Court 
 or a Judge, deliver it within four weeks from 
 the, time of the plaintiff receiving such 
 notice : 
 
 statement of (d.J The plaintiff may (except as in (a.y mentioned) 
 
 dd^eced^^ ^ deliver a statement of claim, either with the 
 
 writ of summons or notice in lieu of writ of 
 summons, ov at any time afterwards either 
 before or after appearance, notwithstanding 
 that the defendant may have appeared and 
 not required the delivery of a statement of 
 claim : Provided that in no case where a 
 defendant has appeared shall a statement be 
 delivered more than five weeks after the 
 appearance has been entered unless otherwise 
 ordered by the Court or a Judge : 
 
 Costs of unnecea- fg.) Whcrc the plaintiff delivers a statement of claim 
 
 sary statement ' ' -xi, r i. • • j x j j.\. 
 
 oi claim. Without being required to do so, or the 
 
 defendant unnecessarily requires such state- 
 ment, the Court or a Judge may make such 
 order as to the costs occasioned thereby as 
 shall be just, if it appears that the delivery 
 of a statement of claim was unnecessary or 
 improper. (E. 22a.) 
 
CHAP. 104.] RULES — DEFENCE AND COUNTER-CLAIM. 855 
 
 2. Whenever a staternent of claim is delivered the °'^®f^ 
 plaintiff may therein alter, modify, or extend his claim ■ 
 
 without any amendment of the indorsement of the writ. Amendment ot 
 
 ("E 2^8 i indorsement un- 
 
 V ■"-"?•/ necessary. 
 
 3. The statement of claim must in all cases show the„ ^Q^*-' ,„„„ 
 
 T . « . , .-r, , Must snow place 
 
 proposed place of trial. (E. 229.) o! trial. 
 
 4. Every statement of claim shall state specifically tlie ^.i^jj^o^;) relief 
 relief which the plaintiff claims, either simply or in the must be speoiac. 
 alternative, and it shall not be necessary to ask for general 
 
 or other relief which may always be given, as the Court or 
 a Judge may think just, to the same extent as if it had 
 been asked for. And the same rule shall apply to any 
 counter-claim made, or relief claimed by the defendant, in 
 his defence. (E. 230.) 
 
 5. Where the plaintiff seeks relief in respect of several sep»rltf 'Liuses 
 distinct claims or causes of complaint founded upon«' complaint. 
 separate and distinct grounds they shall be stated, as far 
 
 a/S may be, separately and distinctly. And- the same rule 
 phall apply , where the defendant relies upon several 
 distinct grounds of defence, set-of^ or counter-claim founded 
 upon separate and distinct facts. (E. 231.) 
 
 6. In every case in which the cause of action is a stated '■^^'K 
 or settled account, the same shall be alleged with particulars, to be alleged, it 
 but in every case in which a statement of account is relied action. ""'"^^ "' 
 on by way of evidence or admission of any other cause of 
 
 action which is pleaded, the same shall not be alleged in 
 the pleadings. (E. 232.) 
 
 OEDEE XXL order XXL 
 
 rr. 1-3. 
 
 BBrBNCB AND COUNTER-CLAIM. 
 
 1. In actions for a debt or liquidated demand in money (ws.) 
 comprised in Order III., Rule 5, a mere denial of the debt debt inadmiasi- 
 shall be inadmissible. (E. 23 '.) '"^■ 
 
 2. In actions upon bills of exchange, promissory notes, jj^j^jj^.^®? ^_ 
 or cheques, a defence in denial muse deny some matter tions on wus and 
 of fact; e. g„ the drawing, making, indorsing, accepting, "° ^^' 
 presenting, or notice of dishonor of the bill or note. 
 
 (E, 235.) 
 
 3. Inactions comprised in Order III., Rule 5, classes t>. ^^'"'■? 
 
 ... T .y. . -,- *.■,.. . , Defence in ac- 
 
 (A.) and (B.), a defence in denial must deny such matters tions on other 
 of fact, from which the liability of the defendant is " ^' 
 alleged to arise, as are disputed; e. g., in actions for goods 
 bargained and sold or sold and delivered, the defence must 
 deny the order or contract, the delivery, or the amount 
 
856 EULES— DEFENCE AND COUNTER-CLAIM, [PART III'. 
 
 Order XXI. claimed ; in an action for money had and received, it 
 
 — — ^^— must deny the receipt of the money, or the existence of 
 
 those facts which are alleged to make such receipt by the 
 
 defendant a receipt to the use of the plaintiff. (E. 236.) 
 
 (201.) 4. Nodenialor defence shall be necessary as to damages 
 
 damage. claimed or their amount ; but they shall be deemed to 
 
 be put in issue in all cases, unless expressly admitted. 
 
 (E. 237.) 
 
 (202.) 5. If either party wishes to denv the right of any 
 
 Denial of repre- _ .-, i.i. , " t. i_ • 
 
 scDtative oapa- other party to claim as executor, or as trustee, or in any 
 '"'y- representative or other alleged capacitj', or the alleged 
 
 constitution of any partnership firm, he shall deny the same 
 
 specifically. (E. 238.) 
 (203.) 6. Where a statement of claim is delivered to a defend- 
 
 of defem;e^^^here ant he shall deliver his defence within 10 days from the 
 claim delivered. ^gjjygj.y ^f ^Y\e statement of claim, or from the time limited 
 
 for appearance, whichever shall be last, unless such time is 
 
 extended bj' the Court or a Judge. (E. 239.) 
 (204.) 7. A defendant who has appeared in an action, and 
 
 Time for deliv- ir ..i .j -jii-jT c 
 
 ery, if no state- who has neither received nor required the delivery or a 
 
 ment of claim, statement of claim, must deliver his defence (if any) at any 
 time within ten days after his appearance, unless such time 
 is extended by the Court or a Judge. (E. 240.) 
 (206.) 8. Where leave has been given to a defendant to 
 
 defend ie given, defend Under Order XIV., he shall deliver his defence (if 
 
 any) within such time as shall be limited by the order 
 
 giving him leave to defend, or if no time is hereby limited, 
 
 then within eight days after the order. (E. 241.) 
 
 (200.) 9. Where the Court or a Judge shall be of opinion that 
 
 Costs.''" ™ any allegations of fact denied or not admitted by the 
 defence ought to have been admitted, the Court or Judge 
 may make such order as shall be just with respect to any 
 extra costs' occasioned by their having been denied or not 
 admitted. (E. 242.) 
 
 s eciflr^'state ^^' ^^®'"® ^"J defendant seeks to rely upon any 
 
 ment of counter- grounds as Supporting a right of counter-claim, he shall, in 
 
 caim. j^|g statement of defence, state specifically that he does so 
 
 by way of counter-claim. (E. 243.) 
 
 (208.) 11. Where a defendant by his defence sets up any 
 
 whiSi^inoMes countcr-claim which raises questions between himself and 
 
 a third party, ^^le plaintiff along with any other persons, he shall add to 
 
 the title of his defence a further title similar to the title in 
 
 a statement of claim setting forth the names of all the 
 
 persons who, if such counter-claim were to be enforced by 
 
 cross action, would be defendants to such cross action, and 
 
 shall deliver his statement of defence to such of them as 
 
 are parties to the action within the period within which he 
 
 is required to deliver it to the plaintiflT. (E. 244.) 
 
CHAP. 104.] RTJLES — BEFENCE AND COUNTEB-CLAIM. 857 
 
 12. Where any such person as in the last preceding Order xxi. 
 Rule mentioned is not a party to the action, he shall be ■ "• ^2~"^^' 
 
 summoned to appear by being served with a copy of the (209.) 
 defence, and such service shall be regulated by the same summoned.''* ^ 
 Rules as are hereinbefore contained with respect to the 
 service of a writ of summons, and every defence so served 
 shall be indorsed in the Form No. 2, in Appendix B., or to 
 the like effect. (E. 245.) 
 
 13. Any person not a defendant to the action, who is (210.) 
 served with a defence and counter-claim as aforesaid, mustappearf ^"^ 
 appear thereto as if he had been served with a writ of 
 summons to appear in an action. (E. 246.) 
 
 14. Any person named in a defence as a party to a (211.) 
 counter-claim thereby made may deliver a reply within the ^?daim. °°"° 
 time within which he might deliver a defence if it were 
 
 a statement of claim. (E. 247.) 
 
 15. Where a defendant sets up a counter-claim, if the„ , 612.) 
 
 1 . , . ™ ., ^ , . i • 1 Excludinsf coun- 
 
 plaintitt or any other person named in manner atoresaid ter-oiaim. 
 as party to such counter-claim contends that the claim 
 thereby raised ought not to be disposed of by way of 
 counter-claim, but in an independent action, he may at any 
 time before reply, apply to the Court or a Judge for an 
 order that such counter-claim may be excluded, and the 
 Court or a Judge may, on the hearing of such application, 
 make such order as shall be just. (E. 248.) 
 
 16. If, in any case in which the defendant sets up a P^^^}- 
 counter-claim, the action of the plaintiff is stayed, discon-not stayed by 
 tinned, or dismissed, the counter-claim may nevertheless be *'^'""'*'°"*'""" 
 proceeded with. (E. 249.) 
 
 17. Where in any action a set-off or counter-claim is <2i*-) 
 established as a defence against the plaintiff's claim, the balance of ooun- 
 Court or a Judge may, if the balance is in favor of the '^'"'"™" 
 defendant, give judgment for the defendant for such 
 balance, or may otherwise adjudge to the defendant such 
 
 relief as he may be entitled to upon the merits of the case. 
 (E. 250.) 
 
 18. In every case in which a party shall plead the (215.) 
 
 1 . -J. J* J. • it • 1 j.i. • General issue by 
 
 general issue, intending to give the special matter m statute, how 
 evidence by virtue of an Act of Parliament, he shall insert p'*^^''- 
 in the margin of his pleading the words " by statute," 
 together with the year of our Lord in which the Act of 
 Parliament on which he relies was passed, and also the 
 chapter and section of such Act, and shall specify whether 
 such Act is public or otherwise ; otherwise such defence 
 shall be taken not to have been pleaded by virtue of any 
 Act of Parliament. (E. 252.) 
 
858 HULES— PAYMENT INTO AND OUT OF COURT, ETC. [PAET III. 
 
 Order XXI. 
 
 "• ^°' '^°- 19. No plea or defence shall be pleaded in abatement. 
 
 Pleas in' abate- (E- 253.) 
 ment abolished. 
 
 ™-., <^^l) .V 20. No defendant in an action for the recovery of land 
 
 Title need not be ,.. . ii. ii. i-i i.jlj 
 
 pleaded in action who IS in possession by himself or his tenant need plead 
 for land. j^j^ ^j^j^^ unless his defence depends on an equitable estate 
 
 or right, or he claims relief upon any equitable ground 
 against any right or title asserted by the plaintiff. But, 
 except in the cases hereinbefore mentioned, it shall be 
 sufficient to state, by way of defence, that he is so in 
 possession, and it shall be taken to be implied in such 
 statement that he denies, or does not admit, the allegations 
 of fact contained in the plaintiff's statement of claim. He 
 ma}' nevertheless rely upon any ground of defence which 
 he can prove, except as hereinbefore mentioned, (E. 254.) 
 
 Order" XXIL 
 rr. 1—6. 
 
 OEDEE XXIL 
 
 PAYMENT INTO AND OUT OP COUBT ABTD TENDER. 
 
 (218.) 1. Where any action is brought to recover a debt or 
 
 court^ithde" damages, any defendant may, before or at the time of 
 
 imi of liabu- delivering his defence, or at any later time by leave of the 
 
 Court or a Judge, pay into Court a sum of money by way 
 
 of satisfaction, which shall be taken to admit the claim or 
 
 cause of action in respect of which the payment is made ; 
 
 or he may, with a defence denying liability, (except in 
 
 actions or counter-claims for libel or slander) pay mone}- 
 
 into Court, which shall be subject to the provisions of 
 
 Eule 6. (E. 255.) 
 
 (219.) 2. Payment into Court shall be signified in the defence, 
 
 S'de?encl°'*^3'°^ the claim or cause of action in satisfaction of which 
 
 such payment is made shall be specified therein. (E. 256.) 
 
 (220.) 3. With a defence setting up a tender before action. 
 
 Tender. ^-^q gum of money alleged to have been tendered must be 
 
 brought into Court. (E. 257.) 
 
 (221.) 4. If the defendant pays money into Court before 
 
 delivery 'of d™ delivering his defence, he shall serve upon the plaintiff a 
 
 fence. noticc Specifying both the fact that he has paid in such 
 
 money, and also the claim or cause of action in respect of 
 
 which such payment has been made. Such notice shall be 
 
 in the Form No. 3, in Appendix B, with such variatioi:s as 
 
 circumstances may require. (E. 258.) 
 
 When to bl aid ^" ^^ ^^^ following cases of payment into Court under 
 to plaintiff. this Order, viz. : — • 
 
CHAP. 104.] EULES — PAYMENT INTO AND OUT OF COURT, ETC. 859 
 
 (a) When payment into Court is made before Order xxii. 
 
 r. 6. 
 
 delivery of the defence ; 
 
 (h.) When the liability of the defendant, in respect 
 of the claim or cause of action in satisfaction 
 of which the payment into Court is made, is 
 not denied in the defence : 
 
 (c.) When payment into Court is made with a defence 
 setting up a tender of the sum paid : 
 the money paid into Court shall be paid out to the plaintiff 
 on his request, or to his solicitor on the plaintiff's written 
 authority, unless - the Court or a Judge shall otherwise 
 order. (E. 259.) 
 
 6. When the liability of the defendant, in respect of ^j^.^ ^^^^Ifeme 
 the claim or cause of action in satisfaction of which the^?™y'"K i'*^'!- 
 payment into Court has been made, is denied in thepiaintia aooept- 
 defence, the following rules shall apply : — "^ °^ ^ ^' 
 
 (a.) The plaintiff may accept, in satisfaction of the 
 claim or cause of action in respect of which 
 the payment into Court has been made, the 
 sum so paid in, in which case he shall be 
 entitled to have the money paid out to him 
 as hereinafter provided, notwithstanding the 
 defendant's denial of liability, whereupon all 
 further proceedings, in respect of such claim 
 or cause of action, except as to costs, shall be 
 stayed ; or the plaintiff may refuse to accept 
 the money in satisfaction, and reply accord- 
 ingly, in which case the money shall remain 
 in Court subject to the provisions hereinafter 
 mentioned : 
 
 (h.) If the plaintiff accepts the money so paid in, he 
 shall, after service of such notice in the 
 Form No. 4 in Appendix B., as in Rule 7 
 mentioned, or after delivery of a reply 
 accepting the money, be entitled to have the 
 money paid out to himself on request, or to 
 his solicitor on the plaintiff's written author- 
 ity, unless the Court or a Judge shall 
 otherwise order : 
 
 (c.) If the plaintiff does not accept, in satisfaction of 
 the claim or cause of action in respect of 
 which the payment into Court has been made, 
 the sum so paid in, but proceeds with the 
 action in respect of such claim or cause of 
 action, or any part thereof, the money shall 
 
860 RULES— PAYMENT INTO AND OUT OF COURT, ETC. [PART III. 
 
 ''"^%-^"' remain in Court and be subject to the. order 
 
 '- '■ — of the Court or a Judge, .and shall not be 
 
 paid out of Court except in pursuance of an 
 order. If the plaintiff proceeds with the 
 action in respect of such claim or cause of 
 action, or any part thereof, and recovers less 
 than the amount paid into Court, the amount 
 paid shall be applied, so far as is necessary, 
 in satisfaction of the plaintiff's claim, and 
 the balance (if any) shall, under such order, 
 be repaid to the defendant. If the defendant 
 succeeds in respect of such «laim or cause of 
 action, the whole amount shall, under such 
 order, be repaid to him. (E. 260.) 
 
 (224.) 7. The plaintiff, when payment into Court is made 
 
 ^fcfion. °^^ before delivery of defence, may within four days after the 
 receipt of notice of such payment, or when such paj'ment 
 is first signified in a defence, may before reply, accept in 
 satisfaction of the claim or cause of action in respect of 
 which such payment has been made the sum so paid in, in 
 which case he shall give notice to the defendant in the 
 Form No. 4, in Appendix B., and shall be at liberty, in case 
 the entire claim or cause of action is thereby satisfied, to 
 tax his costs after the expiration of four days from the 
 service of such notice, unless the Court or a Judge shall 
 otherwise order, and in case of non-payment of the costs 
 within forty-eight hours after such taxation, to sign 
 judgment for his costs so taxed. (E. 261.) 
 
 (225.) 8. Where money is paid into Court in two or more 
 
 actions! *'^ ^•'^ioDS which are consolidated, and the plaintiff proceeds 
 
 to trial in one, and fails, the money paid in and the costs 
 
 in all the actions shall be dealt with under this Order in 
 
 the same manner as in the action tried. (E. 262.) 
 
 (226.) 9. A plaintiff may, in answer to a counter-claim, pay 
 
 S™monTy^^m money into Court in satisfaction thereof, subject to the like 
 couDter-oiaim. conditions as to costs and otherwise as upon payment into 
 Court by a defendant. (E. 263.) 
 
 (227.) 10. Money paid into Court under an order of the 
 
 ated. ^PP^P"' Court or a Judge, shall not be paid out of Court except in 
 pursuance of an order of the Court or a Judge : Provided 
 that, where before the delivery of defence money has been 
 paid into Court by the defendant pursuant to any order 
 under the provisions of Order XIV., he may (unless the 
 Court or a Judge shall otherwise order) by his pleading 
 appropriate the whole or any part of such money, and any 
 additional payment if necessary, to the whole or any 
 
CHAP. 104.] EULES — PAYMENT INTO AND OUT OF COUET, ETC. 861 
 
 specified portion of the plaintiflF's claim ; and the money so order »Jii.« 
 appropriated shall thereupon be deemed to be money paid — '■ — ~ ' 
 into Court pursuant to the preceding Rules of this Order 
 relating to money paid into Court, and shall be subject in 
 all respects thereto. (E. 265.) 
 
 11. The manner of payment into and out of Court, (228.) 
 and the manner in which the money in Court shall be "*^" 
 dealt with, shall be subject to the regulations contained in Appendix m. 
 Appendix M. (E. 267.) 
 
 12. All money standing in Court at the commencement (229.) 
 
 of the second day of October, A. D. 1884, shall thereafter be pre^'oua^^'to '° 
 subject in all respects to the provisions of this Order. (E. 268.) • 
 
 13. In any cause or matter in which a sum of money (280.) 
 has been awarded to or recovered by an infant, or person sons^nder diaa- 
 of unsound mind not so found by inquisition or judicial ^''''^' 
 decision, the Court or a Judge may at or after the trial 
 
 order that the whole or any part of such sum shall be paid 
 into Court to the credit of an account intituled in the 
 cause or matter; and any sum so paid into Court, and 
 any dividend or interest thereon, shall be subject to such 
 orders as may from time to time be made by the Court or 
 a Judge -concerning the same, and may either be invested, 
 or be paid out of Court, or transferred to such persons, to 
 be held and applied upon and for such trusts and in such 
 manner, as the Court or Judge shall direct. (E. 269.) 
 
 14. Money paid into Court or securities purchased (2si.) 
 under the provisions of the last preceding Rule, and thetr'oioTcourt,''&o" 
 dividends or interest thereon, shall be sold, transferred, or 
 
 paid out to the party entitled thereto, pursuant to the 
 order of the Court or a Judge. (E. 270.) 
 
 15. Cash under the control of or subject to the order (282.) 
 of the Court, may be invested in Dominion or Provincial ^°^ '°''^°*' 
 securities, and upon mortgage of freehold estates. (E. 271.) 
 
 16. Every application for the purpose of the conversion (sss.) 
 
 of any stocks, funds,, or securities into any other stocks, ^PP'^^''°j^gj^*° 
 funds, or securities authorized by the last preceding Rule,&o- 
 shall be served upon such persons, if any, as the Court or 
 Judge shall think fit. (E. 272.) 
 
862 RULES— REPLY AND SUBSEQUENT PLEADINGS. [PART HI. 
 
 • 
 
 Order xxni. OEDEE XXIII. 
 
 rr. 1—6. 
 
 llfiPLT AND SUBSBQUeNI PLEADINGS. 
 
 (234.) 1. A plaintiff shall deliver his reply, if any, within 
 
 niaSf. ^ ^° twenty-one days after the defence or the last of the defences 
 
 shall have been delivered, unless the time shall be extended 
 
 by the CoUrt or a Judge. (E. 276.) 
 
 (235.) 2. No pleading subsequent to reply other than, a join- 
 
 tieaSgs" leave der of issue shall be pleaded without leave of the Court or 
 
 '""^ a Judge, and then shall be pleaded only upon such terms as 
 
 the Court or Judge shall think fit. (E. 277.) 
 «• ^^^K ,- 3. Subject to the last preceding Rule, every pleading 
 
 Tune lor deliv , J, , , ,, f , ,. ° i .., . % '^ i ° 
 
 ery. subsequent to reply shall be delivered Within tour days 
 
 after the delivery of the previous pleading, unless the time 
 shall be extended by the Court or a Judge. (E. 278.) 
 (237.) 4. Where a counter-claim is pleaded, a reply thereto 
 
 er-ciairal °°"° shall be Subject to the Rules applicable to statements of 
 defence. (E. 279.) 
 (238.) 5. As .soon as any party has joined issue upon the pre- 
 
 ^ose ope- pg^jjjjg p|ga(jing of the opposite party, simply, without add- 
 ing any further or other pleading thereto, or has made 
 default as mentioned in Order XXVIL, Rule 12, the plead- 
 ings as between such parties shall be deemed to be closed. 
 (E. 280.) 
 (239.) 6. No new assignment shall be necessary or used. But 
 
 abJishel."""^" ' everything which was formerly alleged by way of new 
 assignment may hereafter be introduced by amendment of 
 the statement of claim, or by way of reply. (E. 281.) 
 
 Order XXIV. OEDEE XXIV. 
 
 rr. 1, 2. 
 
 IhaWbrs arising pending the ACTIOIC. 
 
 (240.) 1. Any ground of defence which has arisen after action 
 
 after Mtion^mfy brought, but before the defendant has delivered his state- 
 be pleaded, ment of defence, and before the time limited for his doing 
 so has expired, may be raised by the defendant in his state- 
 ment of defence, either alouQ gr together with other grounds 
 of defence. And if, after a statement of defence has been 
 delivered, any ground of defence arises to any set-off or 
 counter-claim alleged therein by the defendant, it may be 
 raised by the plaintiff in his reply, either alone or together 
 with any other ground of reply. (E.'282.) 
 
 Arisin^^a/te ^' Where any ground of defence arises after the 
 
 pleadings, may defendant has delivered his statement of defence, or after 
 
 ' "*^ ' the time limited for his doing so has expired, the defenc'ant 
 
CHAP. 104.] EULES— PROCEEDINGS IN LIEU OP DEMURRER. 868 
 
 may, and where any ground of defence to any set-off or Order xxiv- 
 
 counter-claim arises after reply, or after the time limited ■ 
 for delivering a reply has expired, the plaintiff may, within 
 eight days after such ground of defence has arisen, or at 
 an}' subsequent time by leave of the Court or a Judge, 
 deliver a further defence or further reply, as the case may 
 be, setting forth the same. (E. 283.) 
 
 3. Whenever any defendant, in his statement of de- (^42.) ^ 
 fence, or in any further statement of defence as in the last defence. 
 Rule mentioned, alleges any ground of defence which has 
 arisen after the commencement of the action, the plaintiff 
 may deliver a confession of such defence (which confession 
 may be in the Form No. 5 in Appendix B,, with such varia- 
 tions as circumstances may require), and may thereupon Costs. 
 . sign judgment for his costs up to the time of the pleading 
 of such defence, unless the Court or a Judge shall, either 
 before or after the delivery of such confession, otherwise 
 order. (E. 284.) 
 
 ORDEK XXV. Order XxV, 
 
 PEOOEEDINGS IN LIEU OF DEMTjRREE. — ' ■ 
 
 1. No demurrer shall be allowed. (E. 28.5.) ^^ iSZ\et. 
 
 2. Any party shall be entitled to raise by his pleading (244.) 
 any point of law, and any point so raised shall be disposed howV^sedT' 
 of by the Judge who tries the cause at or after the trial, 
 provided that by consent of the parties, or by order of the 
 
 Court or a Judge on the application of either part}', the 
 same may be set down for hearing and disposed of at any 
 time before the trial. (E. 286.) 
 
 3. If, in the opinion of the Court or a Judge, the de- (245.) 
 cision of such point of law substantially disposes of the aereos.'"^* 
 whole action, or of any distinct cause of action, ground of 
 defence, set-off, counter-claim, or reply therein, the Court 
 
 or Judge may thereupon dismiss the action or make such 
 other order therein as may be just. (E. 287.) 
 
 4. The Court or a J udge may order any pleading to be . .(248.) 
 struck out, on the ground that it discloses no reasonable pi^\"|.°" 
 cause of action or answer, and in any such case or in case 
 
 of the action or defence being shown by the pleadings to 
 be frivolous or vexatious, the Court or a Judge may order 
 the action to be stayed or dismissed, or judgment to be 
 entered accordingly, as may be just. (E. 288.) 
 
 5. No action or proceeding shall be open to objection, (247.) 
 
 on the ground that a merely declaratory judgment or order riKh*™may ba 
 is sought thereby, and the Court may make binding ^°"^^'' 
 declarations of right whether any consequential relief is or 
 could be claimed or not. (E. 289.) 
 
EDLES — DISCONTINUANCE. [PART III. 
 
 Order XXVI. ORDEE XXVI. 
 
 rr. 1—4. 
 
 DISCONTINUANOB. 
 
 (2g) 1. The plaintiff may at any time before receipt of the 
 
 ■ defendant's defence, or after the receipt thereof before 
 taking any other proceeding in the action (save any 
 interlocutory application), by notice in writing, wholly 
 discontinue his action against all or any of the defendants, 
 or withdraw any part or parts of his alleged cause of 
 
 Costs. complaint, and thereupon he shall pay such defendant's 
 
 costs of the action, or, if the action be not wholly 
 discontinued, the costs occasioned by the matter so with- 
 drawn. Such costs shall be taxed, and such discontinuance 
 or withdrawal, as the case may be, shall not be a defence 
 to any subsequent action. Save as in this Rule otherwise 
 provided, it shall not be competent for the plaintiff to 
 
 Withdrawal ot withdraw the record or discontinue the action without 
 leave of the Court or a Judge, but the Court or a Judge 
 may before, or at, or after the hearing or trial, upon such 
 terms as to costs, and as to any other action, and otherwise, 
 as may be just, order the action to be discontinued, or any 
 part of the alleged cause of complaint to be struck out. 
 
 striking out de-Xhe Court Or a Judge may, in like manner, and with the 
 like discretion, as to terms, upon the application oi a 
 defendant, order the whole or any part of his alleged 
 grounds of defence or counter-claim to be withdrawn or 
 struck out, but it shall not be competent to a defendant 
 to withdraw his defence, or any part thereof, without such 
 leave. (E. 290.) 
 
 (^9)^ 2. When a cause has been entered for trial, it may be 
 
 oord by consent! Withdrawn by either plaintiff or defendant, upon producing 
 to the proper officer a consent in writing, signed by the 
 parties. (E. 291.) 
 
 (250.) 3. Any defendant may enter judgment for the costs of 
 
 oosts. the action, if it is wholly discontinued against him, or for 
 
 the co.sts occasioned by the matter withdrawn, if the action 
 
 be not wholly discontinued, in case such respective costs 
 
 are not paid within two days after taxation. (E. 292.) 
 
 Subsequent ao- ^" ^^ ^^^ Subsequent action shall be brought before 
 tion. payment of the costs of a discontinued action, for the 
 
 same or substantially the same cause of action, the Court 
 or a Judge may, if they or he think fit, order a stay of 
 such subsequent action, until such costs shall have been 
 paid. (E. 293.) 
 
CHAP. 104.] RULES — DEFAULT OF PLEADING. 
 
 OEDEE XXVII. Order XXVII. 
 
 rr. 1— 5- 
 
 DEFAULT OF PLEADING. 
 
 1. If the plaintiff, being bound to deliver a statement . (252) 
 
 of claim, does not deliver the same within the time allowed fault, action may 
 for that purpo.se, the defendant may, at the expiration of ''^ '''™"'^**- 
 that time, apply to the Court or a Judge to dismiss the 
 action with costs, for want of prosecution ; and on the 
 hearing of such application the Court or Judge may, if no 
 statement of claim shall have been delivered, order the 
 action to be dismissed accordingly, or may make such other 
 order on such terms as the Court or Judge shall think 
 just. (E. 294.) 
 
 2. If the plaintiff's claim be only for a debt or (253.) 
 liquidated demand, and the defendant does not within J^u't°p]al"n?S 
 the time allowed for that purpose deliver a defence, the '""■y^"*"' 3"<'S" 
 plaintiff may at the expiration of such time enter final 
 judgment for the amount claimed, with costs. (E. 295.) ■ 
 
 3. When in any such action as in the last preceding (254.) 
 Rule mentioned there are several defendants, if one of J£'d'anta™'°° 
 them make default, as mentioned in the last preceding 
 
 Rule, the plaintiff may enter final judgment against the 
 defendant so making default, and issue execution upon 
 such judgment without prejudice to his right to proceed 
 with his action against the other defendants. (E. 296.) 
 
 4. If the plaintiff's claim be for detention of goods and (2B6.) 
 pecuniary damages, or either of them, and the defendant, or detention^ of 
 all the defendants if more than one, make default as men-*™***' 
 tioned in Rule 2, the plaintiff may enter an interlocutory 
 judgment against the defendant or defendants, and a writ 
 
 of inquiry shall issue to asses.s the value of the goods, and 
 the damages, or the damages only, as the case may be. 
 But the Court or a Judge maj' order that, instead of a writ 
 of inquiry, the value and amount of damages, or either of 
 them, shall be ascertained in any way which the Court or 
 a Judge may direct. (E. 297.) 
 
 5 When in any such action as in Rule 4 mentioned (256.) 
 there are several defendants, if one or more of them make defendanteinTo* 
 default, as mentioned in Rule 2, the plaintiff may enter an Ji^^ '""^ ''^*™- 
 interlocutory judgment against the defendant or defendants 
 so making default, and proceed with his action against the 
 others. And in such case the value and amount of damages 
 ajiainst the defendant making default shall be assessed at 
 the same time with the trial of the action or issues therein 
 against the other defendants, unless the Court or a Judge 
 shall otherwise direct. (E. 298,) 
 66 
 
866 
 
 EULES— 'DEFAULT OF PLEAVISG. [PAKT IM. 
 
 Order XXVIl, 
 rr. 6—11. 
 
 (267.) 
 
 Action for land. 
 
 (269.) 
 Action for land 
 
 and damages. profits, 
 
 premises 
 
 6. If tbe plaintiff's claim be for a debt or liquidated 
 demand, and also for detention of goods and pecuniary 
 damages, or pecuniary damages only, and any defendant 
 
 tention"^ and ^' make default as mentioned in Rule 2, the plaintiff may. 
 
 money demand, gjj^gp g^^g^j judgment for the debt or liquidated demand, 
 and also enter interlocutory judgment for the value of the 
 goods and the damages, or the damages only, as the case 
 may be, and proceed as mentioned in Rules 4 and 5. 
 (E. 299.) 
 
 7. in an action for the recovery of land, if the 
 defendant makes default as mentioned in Rule 2, the 
 plaintiff may enter a judgment that the person whose title 
 is asserted in the writ of summons shall recover possession 
 of the land, with his costs. (E. 300.) 
 
 8. Where the plaintiff has indorsed a claim for mesne 
 arrears of rent, or double value in respect of the 
 
 claimed or any part of them, or damages for 
 breach of contract upon a writ forrecoveiy of land, if the 
 defendant makes default as mentioned in Rule 2, or if 
 there be more than one defendant, some or one of the 
 defendants make such default, the plaintiff may enter 
 judgment against the defaulting defendant or defendants, 
 and proceed as mentioned in Rules 4 and 5. (E. 301.) 
 
 9. If the plaintiffs claim be for a debt or liquidated 
 demand, the detention of goods and pecuniary damages, or 
 for any of such matters, or for the recovery of land, and 
 the defendant delivers a defence, which purports to off'er 
 an answer to part only of the plaintiff's alleged cause of 
 action, the plaintiff may by leave of the Court or a Judge 
 enter judgment, final or interlocutory, as the case may be, 
 for the part unanswered ; provided that the unanswered 
 part consists of a separate cause of action, or is severable 
 from the rest, as in the case of part of a debt or liquidated 
 demand ; provided also that, where there is a counter- 
 claim, execution on any such judgment as above mentioned 
 in respect of the plaintiff''s claim shall not issue without 
 leave of the Court or a Judge. (E, 302.) 
 
 10. In all other actions than those in tbe preceding 
 Rules of this Order mentioned, if the defendant makes 
 default in delivering a defence, the plaintiff^ may set down 
 the action on motion for judgment, and such judgment 
 shall be given as upon the statement of claim the Court or 
 a Judge shall consider the plaintiff to be entitled to, 
 (K 304.) 
 
 11. Where, in any such action as mentioned in the 
 fend^nt""'' de- last preceding Rule, there are several defendants, then, if 
 
 one of such defendants make such default as aforesaid, the 
 plaintiff" may either (if the cause of action be severable) set 
 
 Defence 
 part. 
 
 a9 to 
 
 (261.) 
 Other actions. 
 
 (262.) 
 Default by 
 
^ttAP. 104.] EtTLES— AMENDMENT. 867 
 
 ■down the action at once on motion for judgment against °^®'^?^Y'' 
 
 the defendant so making default, or may set it down — '■ — 
 
 against him at the time when it is entered for trial, or set 
 down on motion for judgment against the other defendants. 
 <E. 305.) 
 
 12. If the plaintiff does not deliver a reply, or any^^ (26?.) 
 
 , , ill- 1 . 1 J- ^ •\t.- ,,•' Default in reply 
 
 party does not deliver any subsequent pleading, within the or subsequent 
 .period allowed for that purpose, the pleadings shall be^''""*'"^^ 
 ■deemed to be closed at the expiration of that period, and 
 -all the material statements of fact in the pleading last 
 delivered shall be deemed to have been denied and put in 
 issue. (E. S06.) 
 
 13. In any case in which issues arise in an action jj^^^^(^264.) ^j^^ 
 •other than between plaintiff and defendant, if any party to party. 
 
 any such issue makes default in delivering any pleading, 
 the opposite party may apply to the Court or a Judge for 
 such judgment, if any, as upon the pleadings he may appear 
 to be entitled to. And the Court or Judge may order 
 judgment to be entered accordingly, or may make such 
 other order as may be necessary to do complete justice 
 between the parties. (E. 307.) 
 
 14. Any Judgment by d^ault, whether under this .■''^^^'^ -a 
 Order or under any other of these Rules, may be set aside judgnSnt'by de- 
 by the Court or a Judge, upon such terras as to costs or'*'^'" 
 otherwise as such Court or Judge may think fit. (E. 308.) 
 
 ORDER XXVIIL oi-der xxviii. 
 
 rr. 1, e. 
 
 >A.MENDMENT, 
 
 1. The Court or a Judge may, at any stage of the pro- ^^^^l^^^^ „( 
 «eedings, allow either party to alter or amend his indorse- indorsement ana 
 ment, or pleadings, in such manner and on such terms as ^ ^ "'^^' 
 may be just, and all such amendments shall be made as 
 
 may be necessary for the purpose of determining the real 
 questions in controversy between the parties. (E. 309.) 
 
 2. The plaintiff may, without any leave, amend his (267.) 
 statement of claim, .whether indorsed on the writ or not, rfSfff°w?thoui 
 once at any time liefore the expiration of the time limited '°*^*- 
 
 for reply and before replying, or, where no defence is de- 
 livered, at any time before the expiration of four weeks 
 from the appearance of the defendant who shall have last 
 appeared. (E. 310.,) 
 
868 RULES — AMENDMENT. [PART III. 
 
 Order xxviii. 3 A defendant who has set up any counter-claim or 
 
 — ^ ?-ri:_ set-off may, without any leave, amend such counter-claim 
 (268.) or set-off at any time before the expiration of the time 
 
 defendaSrwith- allowed Kim for answering the reply and before such 
 
 out leave. answer, or in case there be no reply, then at any time 
 before the expiration of twenty-eight days from defence. 
 (E. 311.) 
 (269.) 4. Where any party has amended his pleading under 
 
 amendment. either of the last two preceding Rules, the opposite party 
 may, within eight days after the delivery to him of the 
 amended pleading, apply to the Court or a Judge to 
 disallow the amendment, or any part thereof, and the 
 Court or Judge may, if satisfied that the justice of the 
 case requires it, disallow the same, or allow it subject to 
 such terms as to costs or otherwise as may be just. 
 (E. 312.) 
 (270) 5. Where any party has amended his pleading under 
 
 amendment.*"^ Rules 2 or 3, the Opposite party shall plead to the amended 
 pleading, or amend his pleading, within the time he then 
 has to plead or within eight days from the delivery of the 
 amendment, whichever shall last expire ; and in case the 
 opposite party has pleaded before the delivery of the 
 amendment, and does not plead again or amend within the 
 time above mentioned, he shall be deemed to rely on his 
 original pleading in answer to such amendment. (E. 313.) 
 (271.) 6. In all cases not provided for by the preceding Rules 
 
 leave To 'an.end. of this Order, application for leave to amend may be made 
 by either party to the Court or a Judge, or to the Judge at 
 the trial of the action, and such amendment may be allowed 
 upon such terms as to costs or otherwise as may be just. 
 (E. 314.) 
 (272.) 7. If a party who has obtained an order for leave to 
 
 amendment. amend does not amend accordingly within the time limited 
 for that purpose by the order, or if no time is thereby 
 limited, then within fourteen days from the date of the 
 order, such order to amend shall, on the expiration of such 
 limited time as aforesaid, or of such fourteen days, as the 
 case may be, become ipso facto void, unless the time is 
 extended by the Court or a Judge. (E. 315.) 
 (273.) 8. An indorsement or pleading may be amended by 
 
 how made. ' Written alterations in the copy which has been delivered, 
 and by additions on paper to be interleaved therewith if 
 necessary. (E. 316.) 
 .(274.) 9. Whenever any indorsement or pleading is amended, 
 
 ed^piSinT™ " the Same, when amended, shall be marked with the date of 
 the order, if any, under which the same is so amended, and 
 of the day on which such amendment is made, in manner 
 following, viz : " Amended day of pursuant to 
 
 order of dated the day of ." (E. 317.) 
 
CHAP. 104.] EULES — SUMMONS FOR DIRECTIONS. 869 
 
 10. Whenever any indorsement or pleading is amended, "^^^'J?^!"' 
 such amended document shall be delivered to the opposite — ■ — - — — 
 party within the time allowed for amending the same. Delivery of 
 
 /p bi Q \ * amended plead- 
 
 11. Clerical mistakes in iudgments or orders, or errors (276.1 
 
 . . ,1 . ~ • 1 , 1 !• ■ • , Clenoal errors. 
 
 arising therein rrom any accidental slip or omission, may at 
 any time be corrected by the Court or a Judge on motion 
 or summons without any appeal. (E. 319.) 
 
 12. The Court or a Judge may at any time, and on (277.) 
 such terms as to costs or otherwise as the Court or Judge ofamTndmenT 
 may think just, amend any defect or error in any proceed- 
 ings, and all necessary amendments shall be made for the 
 purpose of determining the real question or issue raised by 
 
 or depending on the proceedings. (E. 320.) 
 
 13. The costs of and occasioned by any amendment (278. 
 made pursuant to Rules 2 and 3 of this Order shall be borne 
 
 by the party making the same, unless the Court or a Judge 
 shall otherwise order. (E. 321.) 
 
 14. In appeals brought before it the Court shall have (279.) 
 all the powers and duties in reference to the amendment of oomt oTlppe^ 
 proceedings which the Court has in causes originating 
 therein. (C. 2 of 1882, Sec. S.) 
 
 OEDEE XXIX. order XXIX. 
 
 rr. 1, 2. 
 
 SUMMONS FOR DIKBCTIONS. 
 
 1. In every cause or matter one general Summons for (280.) 
 
 1. ,. T.j_i iij^'i i. General sum- 
 
 directions maj'^ be taken out at any time by any party mons for di- 
 with respect to the following matters and proceedings : "°''°"^ 
 particulars of claim, defence or reply, statement of special 
 case, discovery (including interrogatories), commissions 
 and examinations of witnesses, mode of trial (including 
 proceedings in lieu of demurrer, trial on motion for •> 
 
 judgment, and reference), place of trial, and any other 
 matter or proceeding in the cause or matter previous to 
 trial. (E. 340.) 
 
 2. Such summons for directions shall be a summons (281.) 
 returnable in not less than four days, in the Form No. 3 in summons. 
 Appendix K., with such variations as circumstances may 
 require, and shall be addressed to and served upon all such 
 parties to the cause or matter as may be affected thereby. 
 The applicant shall, so far as practicable, include in the 
 summons all or as many of the above-mentioned matters 
 and proceedings as, having regard to the nature of the 
 cause or matter, can conveniently be dealt with by the 
 
 Practice on such 
 
870 RULES — DISCOVERT AND IIS^PECTION. [PART HR 
 
 Order XHX. order and directions of the Court or Judge. Upon the^ 
 
 r. 3 
 
 ■ hearing of the summons, any party to whom the summon* 
 is addressed shall be at libei-ty to apply for any order or 
 directions as to any of the above-mentioned matters or 
 proceedings which he may desire, and thereupon, after 
 giving notice to such parties (if any) as the Court or Judge- 
 may direct, any order may be made, and all necessary 
 directions given, as to all or any of such matters and 
 proceedings as may be just, whether applied for or not j 
 such order shall be in the Form No. 4 in Appendix K., 
 with such variatio-ns as circumstances mav require. 
 (E. 341.) 
 (282.) 3. If upon any other application as to any of the 
 
 Qosta. above-mentioned matters or proceedings, it shall appear to 
 
 the Court or Judge that the application is one that could 
 and ought to have been incladed in or made upon the 
 general summons for directions, such application shall be 
 granted only at the costs of the party making the same. 
 (E. 342'.) 
 
 Order XXX; OEDEE XXX. 
 
 rr. 1, 2. 
 
 DISCOVERT AND INSPECTIOS". 
 
 I* 
 
 (283.) 1. In any action where relief by way of damages op 
 
 oga ones. Q^jjm-^jgg jg sought on the ground of fraud or breach of 
 trust, the plaintiff may at any time after delivering his 
 statement of claim, and a defendant may, at or after the 
 time of delivering his defence, without any order for that 
 purpose, and in ever}' other cause or matter the plaintiff 
 or defendant may by leave of the Court or a Judge 
 deliver interrogatories in writing for the examination of 
 the opposite parties, or any one or more of such parties, 
 and such interrogatories, when delivered, shall have a note 
 at the foot thereof, stating which of such interrogatoi'ies 
 
 Further inter- each of such persons is required to answer : Provided that 
 no party shall deliver more than one set of interrogatories 
 to the same party without an order for that purpose : 
 
 Where irreie- Provided also that interrogatories which do not relate to 
 any matters in question in the cause or matter shall be 
 deemed irrelevant, notwithstanding that they might be 
 admissible on the oral cross-examination of a witness, 
 (E. 343.) 
 (284.) 2. In deciding upon any application for leave to 
 
 rogate. '" ^'^' exhibit interrogatories, the Court or Judge shall take into 
 account any offer which may be made by the party sought 
 to be interrogated, to deliver particulars, or to make 
 
 rogatories. 
 
 vant. 
 
CHAP. 104.] E0LES — DISCOVERY AND INSPECTION. 871 
 
 admissions, or to produce docuiments relating to the iffiatters or<ter xxx. 
 in question, or any of thein. (E. 344.) "" ^~^°" 
 
 3. In adjusting the costs of the cause or matter inquiry (ass.) 
 shall at the instance of any party be made into the'^'*'' 
 propriety of exhibiting such inten'ogatories, and if it is 
 
 the opinion of the taxing authority or of the Court or 
 Judge, either with or without an application for inquiry, 
 that such interrogatories have lieen exhibited unreasonably, 
 vexatiously, or at improper length, the costs occasioned by 
 the said interrogatories and the answers thereto shall be 
 paid in any event by the party in fault. (E. 345.) 
 
 4. Interrogatories shall be in the Form No. 6 in (2m. 
 Appendix B., with such variations as circumstances may ^og'Sori'es '"'*'' 
 require. , (E. 346.) 
 
 5. If any party to a cause or matter be a body corporate (287.) 
 or a joint stock company, whether incorporated or not, or and^°'Shrar' 
 any other body of persons empowered by law to sue or' to*""*'^^' 
 
 be sued, whether in its own name or in the name of any 
 officer or other person, any opposite party may apply for 
 an order allowing him to deliver interrogatories to any 
 member or officer of such corporation, company, or body, 
 and an order may be made accordingly. (E. 347.) 
 
 6. Any objection to answering any one or more of (288.) 
 several interrogatories on the ground that it or they is or °ereogatories! '"' 
 are scandalous or irrelevant, or not bona fide for the pur- 
 pose of the cause or matter, or that the matters inquired 
 
 into are not sufficiently material at that stage, or on any 
 other ground, may be taken in the affidavit in answer. 
 (E. 348.) 
 
 7. Any interrogatories may be set aside on the ground . (289;) 
 that they have been exhibited unreasonably or vexatiously, etriidng^out!™ 
 or struck out on the ground that they are prolix, oppres- 
 sive, unnecessary, or scandalous ; and any application for 
 
 this purpose may be made within seven days after service 
 of the interrogatories, (E. 349.) 
 
 8. Interrogatories shall be answered by affidavit to be_ 5^*' 
 
 «,,.,. ^ , .1. 11 • Ti Time for anawer 
 
 filed within ten days, or within such other time as a Judgeing. 
 may allow. (E. 350.) 
 
 9. An affidavit in answer to interrogatories shall be in AfSAavft'ln 
 the Form No. 7 in Appendix B, with such variations as*"^^'''- 
 circumstances may require, (E. 351.) 
 
 10. No exceptions shall be taken to any affidavit in Excepttona to 
 answer, but the sufficiency or otherwise of any such affi-^'ffld""*- 
 davit objected to as insufficient shall be determined by the 
 
 Court or a Judge on motion or summons. (E. 352.) 
 
872 
 
 RULES — DISCOVERY AND INSPECTION. [PAET III. 
 
 order XXX. 
 rr. 11—15. 
 
 (293.) 
 InButBcient 
 answers. 
 
 (294.) 
 Discoveiy of 
 docuiuentB. 
 
 11. If any person interrogated omits to answer, or 
 • answers insufficiently, the party interrogating may apply 
 
 to the Court or a judge for an order requiring him to 
 answer, or to answer further, as the case may be. And an 
 order may be made requiring him to answer or answer 
 further, either by affidavit or by viva voce examination, as 
 the Judge may direct. (E. 353.) 
 
 12. Any party may, without filing any affidavit, apply 
 to the Court or a Judge for an order directing any other 
 party to any cause or matter to make discovery on oath of 
 the documents which are or have been in his possession or 
 power, relating to any matter in question therein. On the 
 hearing of such application the Court or Judge may either 
 refuse or adjourn the same, if satisfied that such discovery 
 is not necessary or not necessary at that stage of the cause 
 or matter, or make such order, either generally cr limited 
 to certain ela.sses of documents, as may in their or his 
 discretion be thought fit. (E. 354.) 
 
 13. The affidavit, to be made by a party against whom 
 such order as is mentioned in the last preceding Rule has 
 been made, shall specify which, if any, of the documents 
 therein mentioned he objects to produce, and it shall be in 
 the Form No. 8 in Appendix B, with such variations as 
 circumstances may require. (E. 355.) 
 
 14. It shall be lawful for the Court or a Judge, at any 
 time during the pendency of any cause or matter, to order 
 the production by any party thereto, upon oath, of such of 
 the documents in his possession or power, relating to any 
 matter in question in such cause or matter, as the Judge or 
 Court shall think right ; and the Court may deal with such 
 documents, when produced, in such manner as shall appear 
 just. (E. 356.) 
 
 15. Every party to a cause or matter shall be entitled, 
 ducfdocumlnts at anytime, by notice in writing, to give notice to any 
 pieaS1!laOTiffl-°*''^^'' P^fty, in whosc pleadings or affidavits reference is 
 davits. made to any document, to produce such document for the 
 
 inspection of the party giving such notice, or. of his solicitor, 
 and to permit him or them to take copies thereof ; and any 
 party not complying with such notice shall not afterwards 
 loe at liberty to put any such document in evidence on his 
 behalf in such cause or matter, unless he shall satisfy 
 the Court or a Judge that such document relates only to 
 his own title, he being a defendant to the cause or matter, 
 or that he had some other cause or excuse which the Court 
 or Judge shall deem sufficient for not complying with such 
 notice ; in which case the Court or Judge may allow the 
 •same to be put in evidence on such terms as to costs and 
 otherwise as the Court or Judge shall think fit. (E. 357.) 
 
 (295.) 
 Affidavit of dis- 
 covery. 
 
 (296.) 
 Production of 
 documents by 
 order. 
 
 (297.) 
 
 Effect of non. 
 compliance. 
 
CHAP. 104] RULES— DISCOVERT AND INSPECTION. 8*^3 
 
 16. Notice to any party to produce any documents re- Order xxx. 
 ferred to in his pleading or affidavits shall be in the Form ■ ' ~ ' 
 
 No. 9 in Appendix B, with such variations as circumstances Form of notice, 
 may require. (E. 358.) 
 
 17. The party to whom such notice is given shall>pjoau^gt^o;| ^n 
 within two days from the' receipt of such notice, if all the"""™. 
 documents therein referred to have been set forth by him 
 
 in such affidavit as is mentioned in Rule 13, or if any of 
 
 the documents referred to in such notice have not been set 
 
 forth by him in any such affidavit, then within four days 
 
 from the receipt of such notice, deliver to the party giving 
 
 the same a notice stating a time within three days from 
 
 the deliver}' thereof at which the documents, or such of 
 
 them as he does not object to produce, may be inspected at 
 
 the office of his solicitor, or in the case of banker's books or Banker's books, 
 
 other books of account, or books in constant use for the 
 
 purpose of any trade or business, at their usual place of 
 
 custody, and stating which (if any) of the documents he 
 
 objects to produce, and on what ground. Such notice shall 
 
 be in the Form No. 10 in Appendix B., with such variations 
 
 as circumstances may require. (E. 359.) 
 
 18. If the party served with notice under Rule ITorde/forinspeo- 
 omits to give such notice of a time for inspection, or objects *'™°''*^'*""- 
 to give inspection, or offers inspection elsewhere than at the 
 
 office of his solicitor, the Judge may, on the application of 
 the party desiring it, make an order for inspection in such 
 place and in such manner as he may think fit ; and, except 
 in the case of documents referred to in the pleadings or 
 affidavits of the party against whom the application is 
 made, or disclosed in his affidavit of documents, such 
 application shall be founded upon an affidavit showing of 
 what documents inspection is sought, that the party 
 applying is entitled to inspect them, and that they are in 
 the possession or power of the other party. (E. 360.) 
 
 19. If the party from whom discovery of any kind or Decision of quee- 
 inspection is .sought objects to the same, or any part ^™ "J^ ^?^^ 
 thereof, the Court or a Judge may, if satisfied that thecovery depends, 
 right to the discovery or inspection sought depends on the 
 determination of any issue or question in dispute in the 
 
 cause or matter, or that for any other reason it is desirable 
 that any issue or question in dispute in the cause or matter 
 should be determined before deciding upon the right to the 
 discovery or inspection, order that such issue or question 
 be determined first, and reserve the question as to the 
 discovery or inspection. (E. 362.) 
 
 20. If any party fails to comply with any order to (302.) 
 answer interrogatories, or for discovery or inspection of dfsobedience'. °' 
 documents, he shall be liable to attachment. He shall also 
 
874 RULES — DISCOVERY AND INSPECTION. [PART III, 
 
 Order XXX. if g, plaintiff be liable to have his action dismissed for want 
 -^ — ^~'°' of prosecution, and if a defendant to have his defence, if 
 any, struck out, and to be placed in the same position as if 
 he had not defended, and the party interrogating may 
 apply to the Court or a Judge for an order to that effect, 
 and an order may be made accordingly. (E. 363.) 
 
 lioatfon jor ^^' ^ervice of an order for interrogatories or discovery 
 attachment. or inspection made against any party on his solicitor shall 
 be sufficient service to found an application for an 
 attachment for disobedience to the order. But the party 
 against whom the application for an attachment is made 
 may show in answer to the application that he has had no 
 notice or knowledge of the order, (fi. 364.) 
 
 (304.) 22. A solicitor upon whom an order against any party 
 
 Attachment of » . , j. • ^ j- - i- . •' ^ •, 
 
 sohcitor. lor interrogatories or discovery or inspection is served 
 
 under the last preceding Rule, who neglects without 
 reasonable excuse to give notice thereof to his client, shall 
 be liable to attachment, (E. 365.) 
 
 (305.) 23. Any party, may, at the trial of a cause, matter or 
 
 CTWcnce.*" ^^ issue, use in evidence any one or more of the answers or 
 any part of an answer of the opposite party to interroga- 
 tories, without putting in the others or the whole of such 
 answer : Provided always, that in such case the Judge may 
 look at the whole of the answers, and if he shall be of 
 opinion that any others of them are so connected with 
 those put in that the last-mentioned answers ought not to 
 be used without them, he may direct them to be put in. 
 (E. 866.) 
 
 (306.) 24. In every cause, or matter, the costs of discovery, 
 
 by interrogatories or otherwise, shall, unless otherwise 
 ordered by the Court or a Judge, be secured in the first 
 instance as provided by Rule 25 of this Order, by the 
 party seeking such discovery, and shall be allowed as part 
 of his costs where, and only where, such discovery shall 
 appear to the Judge at the trial, or, if there is no trial, to 
 the Court or a Judge, or shall appear to the taxing authority, 
 to have been reasonably asked for. (E. 367.) 
 
 (307.) 25. Any party seeking discovery by interrogatories 
 
 cpX.^'* '"' shall, before delivery of interrogatories, pay into Court to 
 a separate account in the action, to be called " Security for 
 Costs Account," to abide further orders, the sum of $20, 
 and, if the number of folios exceeds five, the further sum 
 of $1, for every additional folio. Any party seeking 
 discovery otherwise than by interrogatories shall, before 
 
 Costs. 
 
CHAP. 104,] EULES — DISCOVERY AND INSPECTION. 875 
 
 making application for discoven', pay into Court, to a like '^^^l^^ 
 
 account, to abide further order, the sum of $20, and may be — *^ 
 
 ordered further to pay into Court as aforesaid, such 
 additional sum as the Court or a Judge shall direct. The Eeoeipt, 
 party seeking discovery shall, with his interrogatories or 
 order for discovery, serve a copy of the receipt for the said 
 payment into Court, and the time for answering or making 
 discovery shall in all cases commence from the date of such 
 service. Ths party from whom discovery is sought shall not 
 be required to answer or make discovery unless and until 
 the said payment has been made: (E. 368.) 
 
 26. Unless the Court or a Judge shall at or before the (?°«-) 
 trial otherwise order, the amount standing to the credit of pS?^* 
 the " Security for Costs Account" in any cause or matter, 
 
 shall, after the eause or matter has been finally disposed of, 
 be paid out to the party by whom the same was paid in, 
 on his request, or to his solicitor on such party's written 
 authority, in the event of the costs of the cause or matter 
 being adjudged to him, but, in the event of the Court or 
 Judge ordering him to pay the costs of the cause or matter, 
 the amount in Court shall be subject to a lien for the costs 
 ordered to be paid to any other party. (E. 369.) 
 
 27. In any action against or by a sheriff in respect . (809.) 
 
 of any matters connected with the execution of his office, shlriraoffloS. 
 the Court or a Judge may, on the application of either 
 party, order that the affidavit to be made in answer either 
 to interrogatories or to an order for discovery, shall be 
 made by the officer or person actually concerned. (E. 370.) 
 
 28. Where the party required to produce documents (3io.) 
 
 is a. corporation aggregate, the affidavit shall be made by ^e?,**"* of co?^ 
 one of the officers of the corporation. (0. 225.) poration. 
 
 29. The deponent in any affidavit provided for in the (311.) 
 next preceding Rule shall be subject to cross-examination, tionT/d^nent, 
 and his affidavit shall have the same effect, as nearly as 
 
 may be, as the affidavit of a party, unless where the Court 
 or Judge sees reason for holding otherwise. (O. 226.) 
 
 80. Persons who have ceased to be officers of a cor- (312.) 
 poration may be examined in the same manner as existing ^xSsci"^'*'^ 
 officers. (0. 227.) 
 
876 RULES — ADMISSIONS. [PART III. 
 
 Order XXXI. OEDEE XXXI. 
 
 rr. 1-5. 
 
 ADMISSIONS. 
 
 AdmiS^ofo - ■*• A^Dy party to a cause or matter may give notice, 
 
 ponent's state- by his pleading, or otherwise in writing, that he admits 
 
 ™™ ■ the truth of the whole or anv part of the case of any 
 
 other party. (E. 371.) 
 
 (314.) 2. Either party may call upon the other party to 
 
 Notice to admit t •, i i • n • i i- j •_ 
 
 documents. admit any document, .saving all just exceptions ; and in 
 case of refusal or "neglect to admit, after such notice, the 
 costs of proving any such document shall be paid by the 
 party so neglecting or refusing, whatever the result of the 
 cause or matter may be, unless at the trial or hearing the 
 Court or a Judge shall certify that the refusal to admit 
 was reasonable ; and no costs of proving any document 
 shall be allowed unless such notice be given, except where 
 the omission to give the notice is, in the opinion of the 
 taxing authority, a saving of expense. (E. 372.) 
 (315.) 3. A notice to admit documents .shall be in the Form 
 
 Form of notice, jjq jj jjj Appendix B., with such variations as circum- 
 stances may require. (E. 373.) 
 
 ^^l?'^ -I. ^- ^^y P^'i'ty may, by notice in writing, at any time 
 facta. not later than seven days before the day for which notice 
 
 of trial has been given, call on any other party to admit, 
 for the purposes of the cause, matter, or issue only, any 
 specific fact or facts mentioned in such notice. And in 
 case of refusal or neglect to admit the same within six 
 days after service of such notice, or within such further 
 time as may be allowed by the Court or a Judge, the costs 
 of proving such fact or facts shall be paid by the party 
 so neglecting or refusing, whatever the result of the cause, 
 matter, or issue may be, unless at the trial or hearing the 
 Court or a Judge certify that the refusal to admit was 
 reasonable, or unless the Court or a Judge shall at any 
 time otherwise order or direct : Provided that any admission 
 made in pursuance of such notice is to be deemed to be 
 made only for the purposes of the particular cause, matter, 
 or issue, and not as an admission to be used against the 
 party on any other occasion, or in favour of any person 
 other than the party giving the notice : Provided also that 
 the Court or a Judge may at any time allow any party to 
 amend or withdraw any admission so made on such terms 
 as may be just. (E. 374.) 
 
 Formflfn f ^' '^ Doticc to admit facts shall be in the Form No. 
 
 and admissions. 12 in Appendix B., and admissions of facts shall be in the 
 
 Form No. 13 in Appendix B., with such variations as 
 
 circumstances may require. (E. 375.) 
 
CHAP. 104] RULES— ISSUES, INQUIRIES, AND ACCOUNTS. 877 
 
 6. Any party may at any stage of a cause or matter, °^^^^ xxxi. 
 where admissions of fact have been made, either on the- "' ~ ' 
 
 pleadings, or otherwise, apply to the Court or a Judge for , ^ (sis.) 
 
 , • T , ' CL J ... ,° Judgment on ad- 
 
 sucn judgment or order as upon such admissions he may missions, 
 be entitled to, without waiting for the determination of 
 any other question between the parties ; and the Court or 
 a Judge may upon such application make such order, or 
 give such judgment, as the Court or Judge may think just. 
 (E. 376.) 
 
 7. An affidavit of the solicitor or his clerk of the due (3i9.) 
 signature of any admissions made in pursuance of anytures. ° ^'^* 
 notice to admit documents or facts, shall be sufficient evi- 
 dence of such admissions, if evidence thereof be required. 
 
 (E. 377.) 
 
 8. Notice to produce documents shall be in the Form porm^oTnotioe 
 No. 14 in Appendix B., with .such variations as circum-t" produce, 
 stances may require. An affidavit of the solicitor, or his 
 
 clerk, of the service of any notice to produce, and of the 
 time when it was served, with a copy of the notice to pro- 
 duce, shall in all cases be sufficient evidence of the service 
 of the notice, and of the time when it was served. (E. 378 ) 
 
 9. If a notice to admit or produce comprises documents ^^^^^^^^10 
 which are not necessary, the costs occasioned thereby shall costs. 
 
 be borne by the party giving such notice. (E. 379.) 
 
 ORDER XXXII. Order XXXil. 
 
 rr. 1—3. 
 
 ISSUES, INQUIRIES, AND ACCOUNTS. 
 
 1. Where in any cause or matter it appears to the Court , (322.) 
 
 ^'w^ X8SUO& TO DG S3b^ 
 
 or a Judge that the issues of fact in dispute are not suffi- tied ij necessary, 
 ciently defined, the parties may be directed to prepare 
 issues, and such issues shall, if the parties differ, be settled 
 by the Court or a Judge. (E. 380.) 
 
 2. The Court or a Judge may, at any stage of the P^- ^j^^^^C^^.) _ 
 ceedings in a cause or matter, direct any necessary inquiries or acoounta 
 or accounts to be made or taken, notwithstanding that jt'*''™- 
 may appear that there is some special or further relief 
 
 sought for or some special issue to be tried, as to which it 
 may be'proper that the cause or matter should proceed in 
 the ordinary manner. (E. 381.) 
 
 3. The Court or a Judge may, either by the judgment . (324.) 
 
 , ,. .. i. i. 1, i. 1 V, 1. AoooiratB, how 
 
 or order directing an account to be taken, or by any subse- taken, 
 quent order, give special directions with regard to the mode 
 in which the account is to be taken or vouched, and in par- 
 
878 RULES'— ISSUES, INQUIRIES, AND ACCOUNTS. [pART III. 
 
 oirder xXXii. ticular may direct that in taking the account, the books of 
 rr. 4—9- — account in which the accoun.ts in question have been kept, 
 shall be taken as prima facie evidence of the truth of the 
 matters therein contained, with libeity to the parties inter- 
 ested to take such objections thereto as they may be advised. 
 (E. 382.) 
 (325.) 4. Where any account is directed to be taken, the 
 
 BOTOunt'by affl- a'Ccounting party, unless the Court or a Judge shall other* 
 davit. wise direct, shall make out his account and verify the same 
 
 by affidavit. The items on each side of the account shall 
 be numbered consecutively, and the account shall be referred 
 to by the affidavit as an exhibit, and be filed with the 
 proper officer. (E. 383.) 
 (326.) ^ 5. Any party seeking to charge any accounting party 
 
 beyond admis- be3'ond what he has by his account admitted to have 
 °'™' received shall give notice thereof to the accounting party, 
 
 stating, so far as he is able, the amount sought to be charged 
 and the particulars thereof in a short and succinct manner. 
 (E. 384.) 
 (327-) 6. Everyjudgment or order for a general account of the 
 
 estate to be personal estate of a testator or intestate shall contain a 
 quired of. direction for an inquiry what parts (if any^i of such personal 
 estate are outstanding or undisposed of, unless the Court or 
 a Judge shall otherwise direct. (E. 38-5.) 
 
 (328.) 7. Where, by any judgment or order, whether made In 
 
 humbe'red. ° ° Court or in Chambers, any accounts are directed to be 
 taken or inquiries to be made, each such direction shall be 
 numbered so that, as far as may be, each distinct account 
 and inquiry may be de.signated by a number, and such 
 formofjudg- judgment or order shall be in the Form No. 24, in Appendix 
 L., with such variations as the circumstances of the case 
 may require. (E. 386.) 
 
 (329.) 8. In taking any account directed by any judgment or 
 
 ^^wanoes be ^1,^^^.^ ^y^ j^^^j. allowances shall be made without any 
 
 direction for that purpose. (E. 387.) 
 
 (830.) 9. If it shall appear to the Court or a Judge that there 
 
 oo™ta'''or^ iSi is any undue delay in the prosecution of any accounts or 
 
 quiries. inquiries, or in any other proceedings under any judgment 
 
 or order, the Court or a Judge may require the party 
 
 having the conduct of the proceedings under any judgment 
 
 or order, or any other party, to explain the delay, and may 
 
 thereupon make such order with regard to expediting the 
 
 proceedings or the conduct thereof, or the stay thereof, and 
 
 as to the costs of the proceedings, as the circumstances of 
 
 the case may require ; and for the purposes aforesaid, any 
 
 party may be directed to summon the persons whose 
 
 attendance is required, and to conduct any proceedings 
 
 and carry out any directions which may be given ; and 
 
CHAP. 104.] UtfLES— SPECIAL CASE. 879 
 
 any costs of such party, so directed, shall be paid by*'"**"^ xxxli. 
 
 such parties or out of such funds as the Court or Judge — ^iJ^ 
 
 may direct ; and if any such costs be not otherwise paid, 
 the same shall be paid out of such moneys (if any) as may 
 be provided by Parliament. (E. 388.) 
 
 10. In the event of a Referee declining to act, or (ssi.) 
 dying, or becoming disqualified, before he has made his freef''"*^^ *' 
 report, the parties may, or if they cannot agree a Judge 
 may, on application of either party, appoint a new Referee, 
 (0. 245, 0.) 
 
 OEDER XXXIIL Order SXXiII. 
 
 rr. 1—3. 
 
 1.— -SPEOIAL CASE. 
 
 1. The parties to any cause or matter, at any stage of (332.) 
 the cause or matter, or without any previous proceedings fpj^ia? S^**** 
 having been instituted, may concur in stating the questions 
 
 of law arising therein in the form of a special case for the 
 opinion of the Court. Every such special case shall be 
 divided into paragraphs numbered consecutively, and shall 
 concisely state such facts and documents as may heoooumenta. 
 necessary to enable the Court to decide the questions raised 
 thereby. Upon the argument of such case the Court and 
 the parties shall be at liberty to refer to the whole contents 
 of such documents, and the Court shall be at liberty to 
 draw from the facts and documents stated in any such 
 special case any inference, whether of fact or law, which inference oi fact, 
 might have been drawn therefrom if proved at a trial. 
 (E. 389 & P. A. 225.) 
 
 2. If it appear to the Court or a Judge, that there is . (S33.) 
 
 in any cause or matter a question of law, which it would quIsti^ToYiaw. 
 
 be convenient to have decided before any evidence is given 
 
 or any question or issue of fact is tried, or before any 
 
 reference is made to a Referee or an Arbitrator, the Court 
 
 or Judge may make an order accordingly', and may direct 
 
 such question of law to be raised for the opinion of the 
 
 Court, either by special case or in any such other manner as Spsoiai ease with- 
 
 the Court or Judge may deem expedient, and all such*" ''°™®" ' 
 
 further proceedings as the decision of such question of law 
 
 may render unnecessary may thereupon be stayed. 
 
 (E. 390.) 
 
 8. Every special case shall, as heretofore, be printed . .(384,) 
 by the plaintiff and signed by the several parties or their ^""*'°'' °*°*' 
 counsel or solicitors, and shall be filed by the plaintiiff. 
 
880 EULES — ISSUES OF FACT WITHOUT PLEADINGS. PART III. 
 
 Order 
 
 rr. 
 
 r XXXIII. Printed copies for the use of the Judges shall be delivered 
 
 . 4-8. 1.1 1 • ..rr /in om \ 
 
 - by the plaintiff. (E. 391.) 
 (335.) 4. No special case in any cause or matter to which a 
 
 disability. married woman (not being a party thereto in respect of 
 her separate property or of any separate right of action by 
 or against her), infant, or person of unsound mind not so 
 found by inquisition or judicial decision is a party, shall be 
 set down for argument without leave of the Court or a 
 Judge, the application for which must be supported by 
 sufficient evidence that the statements contained in such 
 special case, so far as the same afl'ect the interest of such 
 married woman, infant, or person of unsound mind, are 
 true. (E. 392 ) 
 
 Entr/^for'argu- ^- ^i^hcr party may enter a special case for argument 
 ment. by delivering to the proper officer a memorandum of entry 
 
 in the usual form, and also, if any married woman, infant, 
 or person of unsound mind not so found by inquisition or 
 judicial decision be a party to the cause or matter, 
 producing a copy of the order giving leave to enter the 
 same for argument. (E. 393.) 
 
 (337.) 6. The parties to a special case may, if they think fit 
 
 Agreement as to . ^ f . . i i • i 
 
 payment of enter into an agreement in writing, that on the judgment 
 moneyan cos 8. ^j ^^^ Court being given in the affirmative or negative of 
 the questions of law raised by the special case, a sum of 
 money, fixed by the parties, or to be ascertained by the 
 Court, or in such manner as the Court may direct, shall be 
 paid by one of the parties to the other of them, either with 
 or without costs of the cause or matter ; and the judgment 
 of the Court may be entered for the sum so agreed or 
 ascertained, with or without costs, as the case may be, and 
 execution may issue upon such judgment forthwith, unless 
 otherwise agreed, or unless stayed on appeal. (E. 394 ) 
 
 (888.) 7. This Order shall apply to every special case stated 
 
 Appuoation ot ^^ ^ cause or matter, or in any proceeding incidental 
 thereto. (E. 39.5.) 
 
 2.— ISSUES OF FACT WITHOtlT PLEADINGS. 
 
 (889.) 8. When the parties to a cause or matter are agreed as 
 
 Eigsmay^iw'die- to the qucstions of fact to be decided between them, they 
 pensedwitii. may, after writ issued and before judgment, by consent 
 and order ot the Court or a Judge, proceed to the trial of 
 any such questions of fact without formal pleadings ; and 
 such questions may be stated for trial in an issue in the 
 Form No. 15, in Appendix B, with such variations as 
 circumstances may require, and such issue may be entered 
 for trial and tried in the same manner as any issue joined 
 
CHAP. 104.] EULES— TRIAL. 881 
 
 in an ordinary action, and the proceedings shall be under order xxxiii. 
 the control and jurisdiction of the Court or Judge, in the — "• ^~^^" 
 same way as the proceedings in an action. (E. 397.) 
 
 9. The Court or a Judge may, by consent of the parties, q^J^^I^ p^y. 
 order that, upon the finding in the aifirmative or negative ment on finding 
 of such issue as in the last preceding Rule mentioned, a 
 
 sum of money, fixed by the parties, or to be ascertained 
 upon a question inserted in the issue for that purpose, shall 
 be paid by one of the parties to the other of them, either 
 with or without the costs of the cause or matter. (E, 398.) 
 
 10. Upon the finding of any such issue, as in Rule 8 (s^i-) 
 mentioned, judgment may be entered for the sum so agreed cording to agree- 
 or ascertained as aforesaid, with or without costs, as the"™*" 
 
 case may be, and execution may issue upon such judgment 
 forthwith, unless otherwise agreed, or unless the Court or 
 a Judge shall otherwise order for the purpose of giving 
 either party an opportunity for moving to set aside the 
 finding or for a new trial. (E. 399.) 
 
 11. The proceedings upon such issue, as in Rule 8 (342.) 
 mentioned, may be recorded at the instance of either party, ment. ° '" ^ 
 and the judgment, whether actually recorded or not, shall 
 
 have the same effect as any other judgment in a contested 
 action. ,(E. 400.) 
 
 ORDER XXXIV. Order XXXIV. 
 
 rr. 1, 2. 
 
 TRIAL. 
 
 1. — Place. 
 
 1. There shall be no local venue for the trial of any „ , (^P 
 
 . , , , t~, _ •' No local venue. 
 
 ■action, except when otherwise provided by olatute. Every 
 action shall, unless the Court or a Judge otherwise orders, 
 be tried in the county or place named on the statement of 
 claim, or (where no statement of claim has been delivered 
 or required) by a notice in writing to be served on the 
 defendant, or his solicitor, within six days after appearance. 
 Where no place of trial is named, the place of trial shall, 
 unless the Court or a Judge otherwise order, be the county 
 in which the defendant has been required to file his 
 appearance. (E. 425.) 
 
 2.— Mode of Trial. 
 
 2. Causes or matters which would heretofore have been . (344.) 
 deemed of an equitable nature shall be tried by a Judge '^'"''''' °*"^°^' 
 without a jury, unless the Court or a Judge shall otherwise 
 
 order. (E. 427.) 
 57 
 
882 RULES — TRIAL. [PART lit 
 
 Order XXXIV. 3. The Court or a Judge may, if it shall appear desir- 
 — rr. 3--8. able, direct a trial without a jury of any question or issue 
 Power *to dis- of f act, or partly of fact and partly of law, arising in any 
 m™cMM*wffi cause or matter which previously to the nineteenth day of 
 power existed April, A.,D. 1884 could, without any consent of parties, have 
 been tried without a jury. (E. 428.) 
 (346.) 4. The Court or a Judge may direct the trial without a 
 
 Power to dis- . « , ° . '' . . i j 
 
 pense with juryjury 01 any causcj matter or issue requiring any prolonged 
 
 count*' °' *°' examination of documents or accounts, or any scientific or 
 
 local investigation, which cannot in their or his opinion 
 
 conveniently be made with a jury. (E. 429.) 
 
 (347.) 5. In any other cause or matter, upon the application 
 
 Power to order - •', „ .,,-,: p ,i 
 
 jury 01 any party thereto for a trial with a jury oi the cause or 
 
 matter or any issue of fact, an order may be made for a 
 trial with ajury. (E. 430.) 
 (348.) 6. (a.) In every cause or matter, unless under the 
 
 out jury. provisions of Rule 5 of this Order a trial with ajury is 
 
 ordered, or under Section 20 of the Act a trial is required 
 to be had with a jurj', the mode of trial shall be by a Judge 
 without ajury; provided that in any such case the Court 
 or a Judge may at any time order any cause, matter, or 
 issue to be tried by a Judge with a jury, or by a Judge 
 sitting with assessors, or b}' an official referee or special 
 referee with or without assessors. 
 
 Special jury at (b.J The plaintiff in any cause or matter in which he 
 
 staMef ' '"■ is entitled to a jury, may have the issues tried by a special 
 
 jury upon giving notice in writing to that effect to the 
 
 defendant at the time when he gives notice of requiring 
 
 the jury. , 
 
 Special jury at (c.J The defendant in any cause or matter in which 
 
 rtanoe.'"*' '""he IS entitled to a jury, may have the issue tried by a 
 
 special jury on giving notice in writing to that eti'ect at the 
 
 time when he gives notice requiring a jurj'. 
 
 Order Jor special (d.J A Judge may at any time make an order for a- 
 
 j"y- special jury, upon such terms, if any, as to costs and 
 
 otherwise, as may be just. (E. 431.) 
 
 (349.) 7. Subiect to the provisions of the precedincr Rules of 
 
 Trial of different , i • /-. j 4.1, CT j. T J • 
 
 questions in difl- this Urder, the Oourt or a Judge may, in any cause or 
 erent modes, n^atter, at any time or from time to time, order that differ- 
 ent questions of fact arising therein be tried by different 
 modes of trial, or that one or more questions of fact be 
 tried before the others, and may appoint the places for 
 such trials, and in all cases may order that one or more 
 issues of fact be tried before any other or others. (E. 432.) 
 
 (360.) 8. Every trial of any question or issue of fact with a 
 
 ^ne u ge j^^^,^ shall be by a single Judge, unless such trial be specially 
 ordered to be by two or more Judges. (E. 433.) 
 
"CHAP. 104.J IlULES---^RTAt. 883 
 
 9. Nothiiig in this Order shall affect any proceedings Order xxxiv. 
 ■under any statutory provisions relating to arbitration "■ ^~^^- 
 
 <E. 434.) ArbitrSs. 
 
 3. — Notice and Entry of Trial. 
 
 10. Notice of trial may be given in any cause or matter (352.) 
 by the plaintiff or other partv in the position of plaintiff. Se'SoUce." ^*^ 
 Such notice may be given with the reply (if any) whether 
 
 it closes the pkadings or not, or at any time after the issues 
 of fact are ready for trial. (E. 43-5.) 
 
 11. If the plaintiff does not within six weeks after the (353.) 
 •close of the pleadings, or within such extended time as the do^so!^*"* "*" 
 <;!ourt or a Judge may allow, give notice of trial, the 
 ■defendant may, before notice of trial given by the plaintiff, 
 
 give notice of trial, or may apply to the Court or Judge to 
 ■dismiss the action for want of prosecution ; and .on the 
 hearing of such application, the Court or a Judge may order 
 the action to be dismissed accordingly, or may make such 
 •other order, and on such terms, as to the Court or Judge 
 ■may seem Just. (E. 436.) 
 
 12. Notice of trial shall state whether it is for the trial : (354.) 
 •of the cause or matter or of issues therein, and the place ^°'™ °* "°*'°'' 
 and day for which it is to be entered for trial. It shall Le 
 
 in the Form No. 16, in Appendix B., with such variation's 
 •as circumstances may require. (E. 437 ) 
 
 13. Ten days' notice of trial shall be given, unless the (355) 
 party to whom it is given has consented, or is under terms, ^™s'*'°'''»">=^ 
 or has been ordered to take short notice of trial ; and shall 
 
 be sufficient in all cases, unless otherwise ordered by the 
 ■Court or a Judge. Short notice of trial shall be live days' 
 Dotice, unless otherwise ordered. (E. 438.) 
 
 14. Notice of trial shall be given before entering the (356.) 
 trial; and the trial may be entered notwithstanding ^j^'t^^j^'^ ®"**'' 
 that the pleadings are not closed provided that notice of 
 
 trial has been given. Either party after notice of trial may 
 enter for trial. If both parties enter the action for trial 
 it shall be tried in the order of the plaintiff's entry. (E. 
 4;i9 & 0. 261.) 
 
 15. Unless the trial shall be entered, within the.tim* (357.) 
 limited therefor, by one party or the other, the notice of i^p'e°;jno*eirtry° 
 trial shall be no longer in force, unless leave for a later 
 •entry be given by the Court or a Judge. 
 
 16. Notice of trial for Halifax shall not be or operate (353^ 
 
 as for any particular sittings; but shall be deemed to be got.'j'^^^o' *"*' >" 
 for any day after the expiration of the notice on which 
 the trial may come on in its order on the list. (E. 441.) 
 
 17. Notice of trial elsewhere than in Halifax shall be (359.) 
 •deemed to be for the first day of the then next term or sittings JJhere! ^''^" 
 at the place for which notice of trial is given. (E 442.) 
 
884 RULES — TRIAL. [PART III. 
 
 Order XXXIV. 18. No notice of trial shall be countermanded except by 
 rr. 18—25. consent or by leave of the Court or a Judge, which leave 
 
 Countermand of may be givcH subject to such terms, as to costs or other- 
 
 °°*'''"- wise, as may be just. (E. 443.) 
 
 Copy '^0^' lead- ^^- "^^^ V^^^Y entering the trial shall deliver to the 
 
 ings for Judge, proper officer a copy of the whole of the pleadings, for the 
 
 use of the Judge at the trial, on the day before the sitting 
 
 of the Court at which the action is to be tried, such copy 
 
 to be certified by the Prothonotary having charge of the 
 
 pleadings filed. (E. 454 & O. 262.) 
 
 (362.) 20. Entries for trials must be given to the Prothono- 
 
 n ry or na. ^^^^ ^^ ^^ before the Tuesday preceding the first day of the 
 
 sittings, or term, at which the causes are to be tried. 
 
 (P. A. 200 ) 
 
 (363.) 21. In making up the dockets separate lists shall be 
 
 made'up. °^ made of trials with juries, and trials without juries. On 
 each list the seniority of the cause shall be determined by 
 the dates of the issue of the respective writs. All causes 
 entered that shall have been on the list of the preceding 
 term or sittings, and the trial of which shall have been 
 deferred without the fault of the plaintiff, or party then 
 seeking to bring the cause to trial by notice of trial or 
 entry, or which were not tried for want of time, shall be 
 placed on the docket in the relative order in which they 
 stood on the docket of such preceding term or sittings. 
 (P. A. 201.) 
 
 4- — Proceedings at Trial. 
 
 (864.) 22. If, when a trial is called on, the plaintiff" appears, 
 
 STeteET"' and the defendant does not appear, the plaintiff" may prove 
 
 his claim so far as the burden of proof lies upon him. 
 
 (E. 455.) 
 
 (365.) 23. If, when a trial is called on, the defendant appears, 
 
 ot''pIaMiH!°'"°^ and the plaintiff" does not appear, the defendant, if he has 
 
 no counter-claim, shall be entitled to judgment dismissing 
 
 the action, but if he has a counter-claim, then he may 
 
 prove such counter-claim so far as the burden of proof lies 
 
 upon him. (E. 456.) 
 
 settin^^^'iide ^^" -^^y verdict or judgment obtained whero One party 
 
 judgments does not appear at the trial, may be set aside by the Court 
 
 do''e?not"lppe'a*^ or a Judge upon such, terms as may seem fit, upon an 
 
 application made within six days after the trial. Such 
 
 application may be made at the sittings or term at which 
 
 the trial took place, or in Halifax. (E. 457.) 
 
 (367.) 25. The Judge may, if he think it expedient for the 
 
 Postponement of . , i. c ■ .• . i- '^^ , ■ , ,. 
 
 trial. interests or justice, postpone or adjourn a trial for such 
 
 time, and to such place, and upon such terms, if anj', as he 
 shall think fit. (E. 458.) 
 
CHAP. 104.] RULES — .TRIAL. 885 
 
 26. Where, through accident or mistake or other cause, order xxxiv. 
 any party omits or fails to prove some fact material to his '^' ^^~^^- 
 case, the Judge may proceed with the trial, subject to such (ses.) 
 fact being afterwards proved, at such time, and subject to ted by accident 
 such terms and conditions as to costs and otherwise, as the°^ppii|'^''^' ''°"' 
 Judge shall direct; and, if the case is being tried by a 
 
 jury, the Judge may direct the jury to find a verdict as 
 if such fact had been proved, and the verdict shall take 
 effect on such fact being afterwards proved as directed ; and, 
 if not so proved, judgment shall be entered for the opposite 
 party, unless the Court or a Judge otherwise directs. This 
 rule .shall not apply to actions for libel or slander. 
 (0. 271.) 
 
 27. No rule shall be granted for the continuance of a AbsencTof ma- 
 cause upon the ground of the absence of a material witness, t^™i^witn«s3. 
 unless the affidavit upon which the rule is applied for shall, 
 
 in addition to the usual grounds, distinctly state that the 
 party so applying believes and is advised he has a just 
 defence upon the merits of the case (or to the action or 
 counter-claim, as the case may be), and that the application 
 is not made solely for delay, but to enable the applicant to 
 substantiate his defence. (P. A. 207.) 
 
 28. Where a party is brought up to attend the trial . (37o.) 
 or hearing of a cause or matter by virtue of any writ oi habeas corpus, 
 habeas corpus duly issued, and by reason of the pressure 
 
 of other business, or from any other cause, the trial or 
 hearing of the cause or matter in which such party is 
 concerned is postponed to a future day, a new writ of 
 habeas corpus may be issued for such future day, if the 
 Court or a Judge shall so direct, without payment of any 
 fee. (E. 459.) 
 
 29. Upon a trial with a jury, the addresses to the jury ^adreSeV to 
 shall be regulated as heretofore. (E. 460.) i^'^y- 
 
 30. In actions for libel or slander, in which the defend-- ., (^'■^:) ... 
 
 1 11*11* iij?i Evidence in miti- 
 
 ant does not by his defence assert the truth ot the statement gation m nbei 
 complained of, the defendant shall not be entitled on the™ ^''" "^ 
 trial to give evidence in chief, with a view to the mitigation 
 of damages, as to the circumstances under which the libel 
 or slander was published, or as to the character of the 
 plaintiff, without the h-ave of the Judge, unless seven days 
 at least before the trial he furnishes particulars to the 
 plaintiff of the matters as to which he intends to give 
 evidence. (E. 461.) 
 
 31. The Judge may in all cases disallow any questions^ (373.) 
 
 ,• ".:'. , iil-i ftestrioting 
 
 put in cross-examination or any party or other witness cross-examina- 
 which may appear to him to be vexatious, and not relevant'""*' 
 to any matter proper to be inquired into in the cause or 
 matter. (E. 462.) 
 
S8& EtTLES— TRIAL. [PART Iir. 
 
 Order xxxiv. S2. The Judge may, at or after the trial, direct that 
 —51323*2^ judgment be entered for any or either party, or adjourn the- 
 JudgiSter trial case for further consideration, or leave any party to move 
 "'^y , ^'^J^^™ for iudgment. No iudgment shall be entered after a trial 
 
 case for further "i t i»iy^ xi /tp ,1*^0 \ 
 
 consideration, without the Order of the Court or J-udge. {ej. voS.) 
 
 (375.) 33. The I*i-othonotary or other proper officer present 
 
 ings\t triiS?^'' at any hearing or trial, shall make a note of the times at 
 
 which such hearing or trial shall commence and terminate 
 
 respectively, on each day on which the same shall take 
 
 place. (E. 464.) 
 
 (376.) 34. Upon every trial the proper officer shall enter all 
 
 ot'triau "^"^ such findings of fact as the Judge may direct to be entered, 
 and the directions, if any, of the Judge as to judgment, 
 and the certificates, if any, granted by the Judge, in a book 
 to be kept for the purpose. (E. 465.) 
 
 5. — Assessors, Commissioners, and Referees. 
 
 377.) 35. Trials with assessors shall take place in such manner 
 
 s^fors"'"' ^' and upon such terms as the Court or a Judge shall direct. 
 
 (E. 467.) 
 
 (378.) 36. Where any cause or matter, or any question in any 
 
 y « ^''«« ga^ygg Qp matter, is referred to a "Referee, he may, subject 
 
 to the order of the Court or a Judge, hold the trial at or 
 
 adjourn it to any place which he may deem most convenient,. 
 
 and have any inspection or view, either by himself or with 
 
 his assessors (if any), which he may deem expedient for 
 
 the better disposal of the controversy before him. He shall, 
 
 unless otherwise directed by the Court or a Judge, proceed 
 
 with the trial de die in diem, in a similar manner as in 
 
 actions tried with a jury. (E. 472.) 
 
 . (a79.) 37. Subject to any order to be made by the Court or 
 
 procedure before Judge Ordering the same, evidence .shall be taken at any 
 
 Referee. ^^.j^^j before a Referee, and the attendance of witnesses 
 
 may be enforced by subposna, and every such trial shall be 
 
 conducted in the same manner, as nearlj' as circumstances 
 
 will admit, as trials are conducted before a Judge. (E. 473.) 
 
 ^uthora°'^of ^^" Subject to any such order as last aforesaid, the 
 
 Referee. Referee shall have the same authority with respect to 
 
 discovery and production of documents, and in the conduct 
 
 of any reference or trial and the same power to direct that 
 
 judgnient be entered for any or either party, as a Judge. 
 
 (E. 474.) 
 
 Wo Hl^-K . ^^- Nothing in these Rules contained shall authorize 
 
 JMo authority to tj i< , ° ., ," . „ 
 
 commit. any Keieree to commit any person to prison or to enforce 
 
 any order by attachment or otherwise. (E. 475.) 
 Reportl^Eef. ^^' .'^^^ Referee m.ay, before the conclusion of any trial 
 
 eree. before him, or by his report under the reference made to 
 
 him, submit any question arising therein for the decision o£ 
 
CHAP. 104.] RULES— ^TEIAL. S87 
 
 the Court, or state any facts specially, witli power to the Order xxxiv. 
 
 Court to draw inferences therefrom, and in any such case ". «^i5. 
 
 the order to be made on such submission or statement 
 
 shall be entered as the Court may direct ; and the Court 
 
 shall have power to require any explanation or reasons 
 
 from the Referee, and to remit the cause or matter, or any 
 
 part thereof, for re-trial or further consideration to the 
 
 same or any other Referee ; or the Court may decide the 
 
 question referred fo any Referee on the evidence taken 
 
 before him, either with or without additional evidence, as 
 
 the Court may direct. (E. 476.) 
 
 41. Whenever a report shall be made by a Referee, he jj^tij^^-'jigf. 
 shall on the same day cause notice thereof to be given to ""^^'^ report 
 all the parties to the trial or the reference before him by 
 prepaid post letter directed to the solicitors, or address for 
 service of each party, who shall in due course of post be 
 deemed to have notice of such report. (E. 477.) 
 
 42. Where the report of the Referee has been made iu,, ,. (^s*) , . 
 
 t " _ i-ii Motion to adopt 
 
 a cause or matter, the rurther consideration of which has report. 
 been adjourned, it shall be lawful for any party, on the 
 hearing of such further consideration, without notice of 
 motion or summons^ to apply to the Court or Judge to 
 adopt the report, or without leave of the Court or a Judge 
 to give not less than four days' notice of motion, to come 
 on with the further consideration, to vary the report or to 
 remit the cause or matter or any part thereof for re-hear- 
 ing or further consideration to the same or any other 
 Referee. (E. 478.) 
 
 43. Where the report of the Referee has been made in (885.) 
 
 . , n r ii • 1 i- i! 1 • i_ 1 Notice of motion. 
 
 a cause or matter, the further consideration or which has 
 not been adjourned, it shall be lawful for any party by an 
 eight days' notice of motion to applj to the Court to adopt 
 and carry into effect the report of the Referee, or to vary 
 the report, or to remit the cause or matter or any part 
 thereof for re-hearing or further consideration to the same 
 or any other Referee. (E. 479.) 
 
 .6.-^ -Writ of Inquiry and Reference as to Damages. 
 
 44. The provisions of Rules 13, 14, 18, 25, 29, 30, aud„ ^ .(sse.) 
 
 _- I. I . /-S 1 1 11 .11 Tr> • Certain rules re- 
 
 31 of this Order, shall, with the necessary modihcations, lating to trials 
 apply to an inquiry pursuant to a writ of inquiry. (E. 480.) '° ''^^'''' 
 
 45. In every action or proceeding in which it shall .(ssr.) 
 appear to the Court or a Judge that the amount of damages ages'before oS- 
 sought to be recovered is substantially a matter of caleula- ^jj^^" pf^""^' °' 
 tion, it shall not be necessary to issue a writ of inquiry, 
 
 but the Court or a Judge may direct that the amount for 
 which final judgment is to be entered shall be ascertained 
 by an officer of the Court of other person, and the 
 
RULES — EVIDENCE GENERALLY. [PART III. 
 
 rr. 46-48. 
 
 To what time 
 damages to be 
 
 Order XXXIV. attendance of witnesses and the production of documents 
 "~ "" '" - before such officer or other person, may be compelled by 
 subposna, and such officer or other person may adjourn the 
 inquiry from time to time, and shall indorse upon the order 
 for referring the amount of damages to him the amount 
 found by him, and shall deliver the order with such 
 indorsement to the person entitled to the damages, and 
 such and the like proceedings may thereupon be had as to 
 taxation of costs, entering judgment,, and otherwise, as 
 upon the finding of a jury upon a writ of inquiry. (E. 481.) 
 
 46. Where damages are to be assessed in respect of 
 any continuing cause of action, they shall be assessed 
 down to the time of the assessment. (E. 482.) 
 
 47. If it shall be made to appear to a Judge that a 
 witness has been duly served with a suhposna, and his fees 
 for travel and attendance paid or tendered to him, and 
 that such witness refuses or neglects to attend to give 
 evidence as required by his suhposna, and that his evidence 
 is necessary and material, it shall be lawful for the Judge, 
 in addition to any powers which he may possess for the 
 punishment of such witness, to issue a warrant under his 
 hand and seal directed to any sheriff or other officer or 
 officers for the immediate arrest of such witness, to be 
 bi'ought before the Court or person authorized to hear the 
 evidence, for the purpose of giving evidence in the cause. 
 (C. 13 of 1880, sec. 23.) 
 
 48. The warrant in such case as is referred to in the 
 last preceding Rule may be in the Form No. 6, in Appendix 
 H., with such variations as circumstances may require. 
 
 Arrest of wit- 
 nees. 
 
 (390.) 
 Form of war- 
 rant. 
 
 Order XXXV. 
 r. 1. 
 
 (391.) 
 Evidence at 
 trial. 
 
 OEDEK XXXV. 
 
 -EVIDENCE GENERALLY. 
 
 1. In the absence of any agreement in writing between 
 the solicitors of all parties, and subject to these Rules, the 
 witnesses at the trial of any action or at any assessment 
 of damages shall be examined viva voce and in open court, 
 but the Court or Judge may at any time for sufficient 
 reason order that any particular fact or facts may be 
 proved by affidavit, or that the affidavit of any witness 
 may be read at the hearing or trial, on such conditions as 
 the Court or Judge may think reasonable, or that any 
 witness whose attendance in court ought for some sufficient 
 cause to be dispensed with be examined by interrogatories 
 
CHAP. 104.] RULES— EXAMINATION OF WITNESSES. 
 
 or otherwise before a commissioner or examiner : Provided order xxxv. 
 that where it appears to the Court or Judge that the other — "• ^~^' — 
 party bona fide desires the production of a witness f or crosa-examina- 
 cross- examination, and that such witness can be produced, *'°°' 
 an order shall not be made authorizing the evidence of 
 such witness to be given by affidavit. (E. 483.) 
 
 2. An order to read evidence taken in another cause (?^^-} 
 
 or matter shall not be necessary, but such evidence may. other cause to be 
 saving all j ust exceptions, be read on ex parte applications 51^ without or- 
 by leave of the Court or a Judge, to be obtained at the 
 time of making any such application, and in any other 
 case upon the party desiring to use such evidence giving 
 two days' previous notice to the other parties of his 
 intention to read such evidence, and on like leave of the 
 Court or a Judge. (E. 48-5.) 
 
 3. Certified copies of all writs, records, pleadings, and ..P?^ '> . 
 documents filed in the Supreme Court shall be admissible admissible. 
 in evidence in all causes and matters and between all 
 persons or parties, to the same extent as the original would 
 
 be admissible. (E. 486.) 
 
 2.— EXAMINATION OF WITNESSES. 
 
 4. The Court or a Judge may, in any cause or m^'tter p^^J'^*)^^^^^. 
 where it shall appear necessary for the purposes of justice, examination of 
 make any order for the examination upon oath before the ^ "^^^' 
 Court or Judge or any officer of the Court, or any other 
 
 person and at any place, of any witness or person, and 
 may empovirer any party to any such cause or matter to 
 give such deposition in evidence therein on such terms, 
 if any, as the Court or a Judge may direct. (E. 487.) 
 
 o. Orders for a commission to examine witnesses shall j-g^^^^o/ ^^ 
 be in the Forms Nos. 33 and 34, Appendix K., and the writ tor commisBion 
 of commission shall be in the Form in Appendix J., with™ ° ^"'' 
 such variations as circumstances may require. (E. 488.) 
 
 6. The Court or a Judge may in any cause or matter (396.) 
 at any stage of the proceedings order the attendance of duo^ *° ^'°' 
 any person for the purpose of producing any writings or 
 
 other documents named in the order which the Court or 
 Judge may think fit to be produced : Provided that no 
 person shall be compelled to produce under any such order 
 any writing or other document which he could not be 
 compelled to produce at the hearing or trial. (E. 489.) 
 
 7. Any person wilfully disobeying any order requiring (397.) 
 his attendance for the purpose of being examined or ™|°J5orwoduo- 
 producing any document, shall be deemedguilty of contempt *i™' 
 
 of Court, and may be- dealt with accordingly. (E. 490.) 
 
 8. Any person required to attend for the purpose of „ (398). 
 
 t 1 £jXt)6ii86S 01 wit* 
 
 being examined or of producmg any document, shall be neas. 
 
890 RULES — EXAMINATION OP WITNESSES. [PART III. 
 
 Order XXXV. entitled to the like conduct money and payment for 
 
 "' ^~^^" — expenses and loss of time as upon attendance at a trial 
 
 in Court. (E. 491.) 
 
 (399.) 9. Where any witness or person is ordered to be exam- 
 
 have™c"opy*of i^ed before any officer of the Court, or before any person 
 
 order and plead, appointed f or the purpose, the person taking the examina- 
 
 "'^^' tion shall be furnished by the partj' on whose application 
 
 the order was made with a copy of the writ and pleadings, 
 
 if any, or with a copy of the documents necessary to inform 
 
 the person taking the examination of the questions at issue 
 
 between the parties. (E. 492.) 
 
 Modeof'fixami- ^^- "^^^ examination shall take place in the presence 
 nation. of the parties, their counsel, solicitors, or agents, and the 
 
 witnesses shall be subject to cross-examination and 
 re-examination. (E. 493.) 
 (ioi.) 11. The depositions taken before an officer of the 
 
 takMTiinda^gned Court, OF before any other person appointed to take the 
 examination, shall be taken down in writing by or in the 
 presence of the examiner, not ordinarily by question and 
 answer, but so as to represent as nearly as may be the 
 statement of the witness, and when completed shall be read 
 over to the witness and signed by him in the presence of 
 the parties, or such of them as may think fit to attend. If 
 the witness shall refuse to sign the depositions, the exam- 
 iner shall sign the same. The examiner may put down any 
 particular question or answer if there should appear any 
 special reason for doing so, and may put any question to the 
 witness as to the meaning of any answer, or as to any matter 
 Objections to arising in the course of the examination. Any questions 
 questions. which may be objected to shall be taken down by the 
 examiner in the depositions, and he shall state his opinion 
 thereon to the counsel, solicitors, or parties, and shall refer 
 to such statement in the depositions, but he shall not have 
 power to decide upon the materiality or relevancy of any 
 question. (E. 494.) 
 
 (402.) 12. If any person duly summoned by subpmna to attend 
 
 Sattmd^or"Jve ^0'" examination shall refuse to attend, or if, having attended, 
 evidence. he shall refusc to be sworn or to answer any lawful 
 
 question, a certificate of such refusal, signed by the exam- 
 iner, shall be filed, and thereupon the party requiring the 
 attendance of the witness may apply to the Court or a 
 Judge ex parte or on notice for an order directing the 
 witness to attend, or to be sworn, or to answer any 
 question, as the case may be. (E. 495.) 
 
 (403.) 1^- I^ ^'^y witness shall object to any question which 
 
 r''to^V''trn °^^y ^^ P"** ^° ^^^ before an examiner, the question so put, 
 
 ' and the objection of the witness thereto, shall "be taken 
 
 down by the examiner, g,nd transmitted by him to the 
 
CHAP. 104.] RULES — EXAMINATION OF WITNESSES, 891 
 
 Prothonotary to be filed, and the validity of the objeption Order xxxv. 
 shall be decided by the Court or a Judge. (E. 496.) "• ^^^°- 
 
 14. In anj- case under the two last preceding Rules, the . (404.) 
 Court or a Judge shall have power to order the witness to orderS^ to* pay 
 pay any costs occasioned by his refusal or objection. ™^*^' 
 
 (E. 497.) 
 
 15. When the examination of any witness before any (405.) 
 examiner .shall have been concluded, the original deposi- sitions! ° ^^' 
 tions, authenticated by the signature of the examiner, shall 
 
 be returned by him to the Prothonotary to whom the same 
 is returnable, and by him shall be filed. (E. 498.) 
 
 16. The person taking the examination of a witness .(406.) 
 under these Rules may, and if need be shall, make a special examLer^"' ^ 
 report to the Court touching such examination and the 
 conduct or absence of any witness or other person thereon, 
 
 and the Court or a Judge may direct such proceedings and 
 make such order as upon the report they or he may think 
 just. (E. 499.) 
 
 17. Except where by this Order is otherwise provided, ^g.^^^^-^gj^j^^ 
 or may be directed by the Court or a Judge, no deposition in evidence, 
 shall he given in evidence at the hearing or trial of the 
 
 cause or matter without the consent of the party against 
 whom the same may be offered, unless the Court or a Judge 
 is satisfied that the deponent is dead, or beyond the juris- 
 diction of the Court, or unable from sickness or other 
 infirmity to attend the hearing or trial, in any of which 
 cases the depositions certified under the hand of the person 
 taking the examination shall be admissible in evidence, 
 saving all j ust exceptions, without proof of the signature to 
 such certificate. (E. 500.) 
 
 18. Any ofiicer of the Court or other person directed , ^^(*?>) , 
 
 , ■' • 1- e -i. Authority to ad- 
 
 to take the examination oi any witness or person may minister gaths. 
 administer oaths. (E. 501.) 
 
 19. Any party in any cause or matter may by sw^pcena (^■) 
 ad testificandum or duces tecum require the attendance of witnesses before 
 any witness before an officer of the Court or other person swuredT'''™' 
 appointed to take the examination for the purpose of using 
 
 his evidence upon any proceeding in the cause or matter, in 
 like manner as such witness would be bound to attend and 
 be examined at the hearing or trial ; and any party or 
 witness having made an affidavit to be used, or which shall 
 be used, on any proceeding in the cause or matter shall 
 be bound on being served with such subpoena to attend 
 before such officer or person for cross-examination. (E. 502.) 
 
 20. Evidence taken subsequently to the hearing or (4io,) 
 trial of any cause or matter shall be taken aa nearly as may S^^^ t£ 
 
892 
 
 RULES — SUBPCENA. 
 
 [part in. 
 
 Order XXXV. 
 rr. 2 1—30. 
 
 (411.) 
 Practice as to 
 cross-examina- 
 tion. 
 
 (412.) 
 Special direc- 
 tions as to evi- 
 dence. 
 
 (413.) 
 Notice before 
 using affidavit. 
 
 (414.) 
 Evidence may be 
 used in subse- 
 quent stages. 
 
 be in the same manner as evidence taken at or with a view 
 . to a trial. (E. 503.) 
 
 21. The practice with reference to the examination, 
 cross-examination, and re-examination of witnesses at a 
 trial shall extend and be applicable to evidence taken in 
 any cause or matter at any stage. (E. 504.) 
 
 22. The practice of the Court with respect to evidence 
 at a trial when applied to evidence to be taken before an 
 officer of the Court or other person in any cause or matter 
 after the hearing or trial, shall be subject to any special 
 directions which may be given in any case. (E. 505.) 
 
 2.3. No affidavit or deposition filed or made before 
 issue joined in any cause or matter shall, without special 
 leave of the Court or a Judge, be received at the hearing or 
 trial thereof, unless within one month after issue joined, or 
 within such longer ti.ne as may be allowed by special leave 
 of the Court or a Judge, notice in writing shall have been 
 given by the party intending to use the same to the 
 opposite party of his intention in that behalf. (E. 506.) 
 
 24. All evidence taken at the hearing or trial of any 
 cause or matter may be used in any subsequent proceedings 
 in the same cause or matter. (E. 507.) 
 
 3. ^SUBPCENA. 
 
 25. Where it is intended to sue out a suhposna, a 
 prcBcipe for that purpose, in the Form No. 16, in Appendix 
 G., and containing the name or firm of the solicitor 
 intendiijg to sue out the same, and, where such solicitor is 
 agent only, then also the name or firm of the principal 
 solicitor, shall in all cases be delivered and filed. (E. 508.) 
 
 26. A writ of subposna shall be in one of the Forms 1, 
 2, and 3, in Appendix J., with such variations as circum- 
 stances may require. (E. 509.) 
 
 27. Where a subpoena is required for the attendance 
 of a witness for the purpose of proceedings in Chambers, 
 such subpoena shall issue upon a note from the Judge. 
 (E. 510.) 
 
 28. Every subpoena other than a subpoena duces tecum 
 shall contain three names where necessary or required, but 
 may contain any larger number of names. (E. 511.) 
 
 29. No more than three persons shall be included in 
 one subpoena duces tecum, and the party suing out the 
 same shall be at liberty to sue out a subpoena for each 
 person if it shall be deemed necessary or desirable. 
 (E. 512.) 
 
 (420.) 30. In the interval between the suing out and service 
 
 Correcting errors . , ., , . , ,i i. 
 
 in mbpcence, &c. 01 any subpceua the party suing out the same may correct 
 any error in the names of parties or witnesses, and may 
 
 (416.) 
 PrcBcipe for sub- 
 pcena. 
 
 (416.) 
 Forms of sub- 
 posrue. 
 
 (417.) 
 Suipcente for 
 Chambers. 
 
 (418.) 
 Number of 
 names in sitb- 
 pcena. 
 
 (419.) 
 No. in subpoena 
 duces tecum. 
 
CHAP 104.] RULES — PERPETUATING TESTIMONY. 893 
 
 have the writ re-sealed upon leaving a corrected prcecipe Order xxxv. 
 of such subpoena marked with the words " altered and "• 31—38- 
 re-sealed," and signed with the name and address of the 
 solicitor suing out the same. (E. 513.) 
 
 31. The service of a subpmna shall be effected by *(42i.) 
 
 „ — ; „ „ — „ .,* j.V,„ ™.,;4. „„J „* 4.1,„ ;„J„„„„rv,„„t Service of 
 
 fiU&- 
 
 delivering a copy of the writ, and of the indorsementj,^"^_* 
 thereon, and at the same time producing the original writ. 
 (E. 514.) 
 
 82. Affidavits filed for the purpose of proving the {m.) 
 service of a subpoena upon any defendant must state when,^?^°'"'^°' ^^'' 
 where, and how, and by whom, such service was effected. 
 (E. 515.) 
 
 33. The service of any subpoena shall be of no validity ^^^ ^t?o^when 
 if not made within twelve weeks after the issue of the to be served. 
 writ. (E. 516.) 
 
 4. — PERPETUATING TESTIMONY. 
 
 34. When a person shall be desirous to perpetuate the . ^. (^24.) 
 
 „ ^ . , , r r Action brought 
 
 testimony of any witness he may commence an action to perpetuate 
 therefor. (E. 517 & E. A., 64.) testimony. 
 
 35. In all actions to perpetuate testimony touching y;^^^*^^^,^ ;„. 
 any honor, title, dignity, or office, or any other matter or terested, Attor- 
 thing in which the Crown may have any estate or interest, be^a party', 
 the Attorney-General may be made a defendant, and in all 
 proceedings in which the depositions taken in any such 
 
 action in which the Attorney-General was so made a 
 defendant, may be offered in evidence, such depositions 
 shall be admissible notwithstanding any objection to such 
 depositions upon the ground that the Crown was not a party 
 to the action in which such depositions were taken. (E. 518.) 
 
 36. Witnesses shall not be examined to perpetuate (426.) 
 
 ,,. 1 i"i_i jjAi- Action must be 
 
 testimony unless an action has been commenced tor the brought. 
 purpose. (E. 519.) 
 
 37. No action to perpetuate the testimony of witnesses ^^.^j (*^2''0^^^ 
 shall be set down for trial. (E. 520.) eary. 
 
 5. — FOEEION JUDGMENT. 
 
 38. The record or other evidence of a judgment (428.) 
 recovered in any other province or country against any person fvldenoe?'™™ 
 domiciled in Nova Scotia, shall not be conclusive evidence 
 
 in any action brought on such judgment in any Court of 
 this Province of the correctness of such judgment, but the 
 defendant may controvert all or any of the facts on which 
 such judgment is founded, or the cause of action in the suit 
 in which such judgment was given, and may raise the same 
 defence in such suit on such judgment as he could have 
 done as fully as if such suit had been brought for the 
 original cause of action. (C. 13 of 1880, sec. 27.) 
 
894 RULES-^'AI'FIDAVITS AND DEPOSITIONSi [PART III. 
 
 Order XXSVI. OEDER XXXVI. 
 
 rr. 1—6. 
 
 li — AJFFIDAVITS AND DBPOSITIONS. 
 
 (429.) 1. Upon any motion, petition, or summons, evidence 
 
 t^oved hy' ^^ ^^y ^® given by affidavit ; but the Court or a Judge may) 
 
 crosa-examina- on the application of either party, order the attendance for 
 
 cross-examination of the person making any such affidavit, 
 
 and may make such interim order or otherwise as appears! 
 
 necessary to meet thejustice of the case. (E. 521 & O. 283.) 
 
 (430.) 2. Every affidavit shall be intituled in the cause or 
 
 How intituled, matter in which it is swrorn ; but in every case in which 
 
 there are more than one plaintiiF or defendant, it shall be 
 
 sufficient to state the full name of the first plaintiff or 
 
 defendant respectively, and that there are other plaintiff's 
 
 or defendants, as the case may be ; and the costs occasioned 
 
 by any unnecessary prolixity in any such title shall be 
 
 disallowed. (E. 522.) 
 
 (431.) 3. Affidavits shall be confined to such facts as the 
 
 Affidavit, how •, • i.t c \-' ^■ 11 i_ ^ 1. 
 
 Jramed. witness IS able or his own knowledge to prove, except on 
 
 interlocutory motionSj on which statements as to his belief, 
 
 with the grounds thereof, may be admitted. The costs of 
 
 every affidavit which shall unnecessarily set forth matters 
 
 of heresay, or argumentative matter, or copies of or extracts 
 
 from documents, shall be paid by the party filing the same. 
 
 (E. 523.) 
 
 (432.) 4. Affidavits sworn in Nova Scotia shall be sworn 
 
 be sworn. °™ " before a Judge, Commissioner to administer oaths, or officei* 
 
 empowered under these Rules to administer oaths. (E. 524.) 
 
 (433.) 5. Every Commissioner to administer oaths shall 
 
 of™wearing''to express the time when and the place where he shall take 
 
 be stated. ^^^ affidavit. Or the acknowledgment of any deed, or 
 
 recognizance; otherwise the same .shall not be held 
 
 authentic, nor be admitted to be filed or enrolled without 
 
 the leave of the Court or a Judge ; and every such Cool- 
 
 missioner shall express the time when, and the place 
 
 where, he shall do any other act incident to his office. 
 
 (E. 525.) 
 
 Affldavftt'lwom . *^' ^^^ examinations, affidavits, declarations^ affirraa- 
 
 abroad. tions, and attestations of honor, in causes or matters 
 
 depending in the Court, and also acknowledgments required 
 
 for the purpose of enrolling any deed in the Court, may be 
 
 sworn and taken out of Nova Scotia, in anj' part of the 
 
 Dominion of Canada, or in Great Britain or Ireland, or the 
 
 Channel Islands, or in any colony, island, or plantation or 
 
 place under the dominion of Her Majesty in foreign parts, 
 
 before any Judge, Court, notary public, or person lawfully 
 
 authorized to administer oaths in such country, colony 
 
CHAP. 104.] RULES-^AFFIDAVITS AND DEPOSITIONS, 895 
 
 island, plantation, or place respectively, or before Any of Order Xxxvi, 
 Her Majesty's consuls or vice-consuls in any foreign part "^- 7— 13. 
 out of Her Majesty's dominions, and the Judges and other 
 officers of the Supreme Court shall take judicial notice of 
 the seal or signature, as the case may be, of any such 
 Court, Judge, notary public, person, consul, or vice-consul, 
 attached, appended or subscribed to any such examinations, 
 affidavits, affirmations, attestations of honor, declarations, 
 acknowledgments, or to any other deed or document. 
 (E. 526.) 
 
 7. Every affidavit shall be drawn up in the first jio^g^of^^'^^^^n^ 
 person, and shall be divided into paragraphs, and every affidavitsi 
 paragraph shall be numbered consecutively, and as nearly 
 
 as may be shall be confined to a distinct portion of the • 
 subject. Every affidavit shall be written or printed book' 
 wise. No costs shall be allowed for any affidavit or part of 
 an affidavit substantially departing from this rule. 
 (E. 527.) 
 
 8. Every affidavit shall state the description and true ■^^^^^i'^lf^l „( 
 place of abode of the deponent, and shall be signed by him. deponent. 
 <E. 528.) 
 
 9. In every affidavit made by two or more deponents jurat^wL™ 
 the names of the several persons making the affidavit shall "xre than one 
 be inserted in the jurat, except that if the affidavit of all ^°"^° ■ 
 the deponents is taken at one time by the same officer it 
 
 shall be sufficient to state that it was sworn by both (or 
 all) of the " above-^named" deponents. (E. 529.) 
 
 10. Every affidavit or other proof used in a cause,,, .1*^W 
 
 ,. 1 II 1 /^i 1 /i-i .r,/%N 'Mustbeflledj 
 
 matter or proceeding shall be tiled. (E. o.jO.) 
 
 11. The Court or a Judge may order to be struck out gjj.j^;(j*^^^)jj 
 from any affidavit any matter which is scandalous, and parts of affldae 
 may order the costs of any application to strike out such 
 
 matter to be paid as between solicitor and client. (E. 531.) 
 
 12. No affidavit, having in the jurat or body thereof j^^^^j?*^".) 
 any interlineation, alteration, or erasure, shall, without and alterations, 
 leave of the Court or a Judge, be read or made use of in 
 
 any matter depending in Court, unless the interlineation 
 or alteration (other than by erasure) is authenticated by 
 the initials of the officer taking the affidavit, nor in the 
 case of an el-asure unless the words or figures appearing at 
 the time of taking the affidavit to be written on the 
 erasure are re- written and signed or initialed in the margin 
 of the affidavit by the officer taking it. (E. 532.) 
 
 13. Where an affidavit is sworn by any person who . (44i.) 
 appears to the officer taking the affidavit to be illiterate orents!™'^ °^°''' 
 blind, the officer shall certify in the jurat that the affidavit 
 
 was read in his presence to the deponent, that the deponent 
 seemed perfectly to understand it, and that the deponent 
 
896 RULES— AFFIDAVITS AND EVIDENCE IN CHAMBERS. [PART III. 
 
 Order XXXVI. made his signature in the presence of the officer. No such 
 
 rr. 14^21. affidavit shall be used in evidence in the absence of this 
 
 certificate, unless the Court or a Judge is otherwise satisfied 
 
 that the affidavit was read over to and appeared to be 
 
 perfectly understood by the deponent. (E. 533.) 
 
 Defeotsln'titie ^^' '^^® Court or a Judge may receive any affidavit 
 
 or jurat. sworn for the purpose of being used in any cause or matter, 
 
 notwithstanding any defect by misdescription of parties or 
 
 otherwise in the title or jurat, or any other irregularity in 
 
 the form thereof, and may direct a memorandum to be 
 
 made on the document that it has been so received. 
 
 (E. 534.) 
 
 (**s.) 1.5. A copy of an affidavit may in all cases be used, 
 
 may be use/ the Original affidavit having been previously filed, and the 
 
 copy duly authenticated with the certificate of the 
 
 Prothonotary. (E. 535.) 
 
 (444.) 16. No affidavit shall be sufficient if sworn before the 
 
 be^^worn More^^^i'^i^'O'' acting for the party on whose behalf the affidavit 
 solicitors, to., of is to be used, or before any agent of such .solicitor, or 
 ^^ ^' before the party himself. (E. 536.) 
 
 (445.) 17. Any affidavit which would be insufficient if sworn 
 
 o/pMtner°8"''° before the solicitor himself shall be insufficient if sworn 
 before his clerk or partner. (E. 537.) 
 
 (446.) 18. Where a special time is limited for filing affidavits, 
 
 Filed too late. ^^ affidavit filed after that time shall be used, unless by 
 
 leave of the Court or a Judge. On motions founded on 
 
 Affidavits in affidavits either party may, by leave of the Court or a 
 
 reply. Judge, make affidavits in answer to the affidavits of the 
 
 opposite party, as to new matter arising out of such 
 
 .affidavits. (E. 538 & P. A. 92.) 
 
 (447.) 19. Except by leave of the Court or a Judge no order 
 
 Sn?e™affldlv!i*made ex parte in Court, founded on any affidavit, shall be 
 
 made before mo- of any force, unless the affidavit on which the application 
 
 was made was actually made before the order was applied 
 
 for, and produced or filed at the time of makincr the 
 
 motion. (E. 539.) 
 
 2. — AFFIDAVITS AND EVIDEKOE IN CHAMBERS. 
 
 (448.) 20. The party intending to use any affidavit in support 
 
 Notioe of inten- b ^- ,■ i • i i i > . "„ , , i^^ . 
 
 tion to use affliof ^ny application, which would heretofore have been made 
 '^^"t' in the Equity Court, made by him in Chambers, shall give 
 
 notice to the other parties concerned of his intention in 
 
 that behalf. (E. 540.) 
 
 (449.) 21. All affidavits which have been previously made 
 
 We^us'ed.""*^ and read in Court upon any proceeding in a cause or matter 
 may be used before a Judge in Chambers. (E. 541.) 
 
CHAP. 104.] RULES — TRIAL ON AFFIDAVIT. 897 
 
 22. Every alteration in an account verified by af^davit order xxxvi. 
 shall be marked with the initials of the Commissioner or '^'^' ^^-^^- 
 officer before whom the affidavit is sworn, and such Alterations in 
 alterations shall not be made by erasure. (E. 542.) exhibit. 
 
 23. Accounts, extracts, and other documents, referred . (*5i.) 
 to by affidavit, shall not be annexed to the affidavit, or be annexed. 
 referred to in the affidavit as annexed, but shall be referred 
 
 to as exhibits. (E. 543.) 
 
 24. Every certificate on an exhibit referred to in an , (452.) 
 affidavit, signed by the Commissioner or officer before oate^ on exhibits, 
 whom the affidavit is sworn, shall be marked with the 
 
 short title of the cause or matter, (E. 544.) 
 
 3. — TEIAL ON AFFIDAVIT. 
 
 2.5. Within fourteen days after a consent for taking (453.) 
 evidence by" affidavit as between the parties has been nsfofaffldS! 
 given, or within such time as the parties may agree upon, 
 or the Court or a Judge may allow, the plaintiff shall file 
 his affidavits and deliver to the defendant or his solicitor a 
 list thereof. (E. 545.) 
 
 26. The defendant, within fourteen days after deli very (454.) 
 of such list, or within such time as the parties may agree ^^^^^1?^ ^j 
 upon, or the Court or a Judge may allow, shall file his affidavits, 
 affidavits and deliver to the plaintifi' or his solicitor a list 
 thereof. (E. 546.) 
 
 27. Within seven days after the expiration of the last (455.) , 
 mentioned fourteen days, or such other time as aforesaid, piy. * ' ' ' 
 the plaintiff shall file his affidavits in reply, which 
 affidavits shall be confined to matters strictly in reply, and 
 
 shall deliver to the defendant or his solicitor a list thereof. 
 (E. 547.) 
 
 28. When the evidence is taken by affidavit, any party (456.) 
 desiring to cross-examjne a deponent who has made an.tion of depo. 
 affidavit filed on behalf of the opposite party may serve "^''''" 
 upon the party by whom such affidavit has been filed a 
 
 notice in writing, requiring the production of the deponent 
 for cross-examination at the trial, such notice to be served Notice, 
 at any time before the expiration of fourteen days next 
 after the end of the time allowed for filing affidavits in 
 reply, or within such time as in any case the Court or a 
 Judge may specially appoint ; and unless such deponent is 
 produced accordingly, his affidavit shall not be used as 
 evidence unless by the special leave of the Court or a 
 Judge. The party producing such deponent for cross- 
 examination shall not be entitled to demand the expenses 
 thereof in the first instance from the party requiring such 
 production. (E. 548.) 
 68 
 
898 RULES— MOTION FOR NEW TRIAL, [PART IIL 
 
 Order XXXVI. 2^. The party to whom such notice as is mentioned in 
 
 rr. 29-30. |},p j^gt preceding Rule is given shall be entitled to compel 
 
 Com Imn' a* *^^ attendance of the deponent for cross-exanrination in 
 
 tendLce. the same way as he might compel the attendance of a 
 
 witness to be examined. (E. 549.) 
 
 (468.) 30. When the evidence under this Order is taken by 
 
 S?er°' rL^^Saffidavit, such evidence shall be printed, and the notice of 
 
 closed, &c. ^jyja^i g|ja,ll be given at the same time, after the close of the 
 
 evidence, as in other cases is by these Rules provided after 
 
 the close of the pleadings ; provided that other affidavits 
 
 may be printed if all the parties interested consent thereto, 
 
 or the Court or a Judge so order. (E. 550.) 
 
 order OEDEE XXXVII. 
 
 XXXVII. 
 
 rr. 1—6. MOTION POK HEW TRIAL, 
 
 (459.) 1. Every motion for a new trial, or to set aside a 
 
 nl'iv'triS,°wii?6 verdict, finding, or judgment, shall be made (1) in every 
 ™**®' cause or matter where there has been a trial thereof, or of 
 
 any issue therein with a jury, to the Court (in banc), and 
 
 (2) where there has been a trial without a jury, by appeal 
 
 to the Court (in banc). (E. 551.) 
 (460.) 2. Every application for a new trial shall be by notice 
 
 hf'^mtic^ot^- of motion, and no rule nisi, order to show cause, or formal 
 nm °°' ''y™'® proceeding other than such notice of motion, shall be made 
 
 or taken. The notice shall state the grounds of the 
 
 application, and whether all or part only of the verdict or 
 
 findings is complained of. (E. 553.) 
 (461.) 3. The notice of motion shall be served within ten 
 
 be^ven. ' days after the trial, but the Court or a Judge may, either 
 
 before or after the expiration of that period, enlarge the 
 
 time for giving notice. (E. 554.) 
 
 (462.) 4. The notice may be amended at any time by leave 
 
 Amending no- ^j ^j^^ q^^^,^^ ^^ ^ Judgc, on such terms as the Court or 
 
 Judge may think just, (E. 555.) 
 (463.) 5. No Judge shall sit on the hearing of any motion 
 
 presfded a? juiy for a ncw trial in any cause or matter tried with a jury 
 
 motio"n.* *" '''^' before himself. _(E. 552.) 
 
 (464.) 6. A new trial shall not be granted on the ground of 
 
 fo7 sutetantiS mis-direction, or of the improper admission or rejection of 
 
 wrong. evidence, or because the verdict of the jury was not taken 
 
 upon a question which the Judge at the trial was not 
 asked to leave to them, unless in the opinion of the Court 
 to which the application is made some substantial wrong 
 or miscarriage has been thereby occasioned in the trial ; 
 
Chap. 104.] rules — motion for judgment. 899 
 
 and if it appear to such Court that such wrong or mis- Order 
 carriage affects part only of the matter in controversy, or ^^^^"' 
 some or one only of the parties, the Court may give final j^^w trial as to 
 judgment as to part thereof, or some or one only of the part, 
 parties, and direct a new trial as to the other part only or 
 as to the other party or parties. (E. 556.) 
 
 7. A new trial may be ordered on any question, what- „ t*?^ ) 
 
 1,1 ipi .1 .1 .<.. New trial as to 
 
 ever be the grounds ror the new trial, without interieringpartnottoaflfeot 
 with the finding or decision upon any other question. °"^^'' " "^^' 
 (E. 557.) 
 
 8. When notice of motion for a new trial or appeal has (*66.) 
 been served, after either of the modes of trial mentioned in ings. 
 Rule 1 of this Order, the further proceedings on the verdict, 
 finding, or judgment may be stayed, in whole, or in part, 
 
 until the decision on such motion, by the Court or by the 
 Judge who presided at the trial, on such terms as the Court 
 or Judge may think fit. The applicant, however, shall be 
 entitled to an order so staying the proceedings on filing 
 sufiicient bail, or security, or making deposit of money, to 
 the approval of the Court or Judge, in such reasonable 
 amount as the Court or Judge shall direct, to respond the 
 judgment to be finally given in the cause or matter. An 
 application to the Judge for such stay of proceedings shall 
 not prejudice the applicant's right to apply to the Court 
 for such stay. 
 
 OEDEE XXXVIII. Order 
 
 XXX VIII. 
 MOTION FOR JtTBGMENT, rr. ^—3- 
 
 1. Except where by the Act or by these Rules it is^^^ gero ^ 
 provided that judgment may be obtained in any other i,J5,t^f° 
 manner, the judgment of the Court shall be obtained by 
 motion for judgment. (E. 559.) 
 
 2. Where at the trial the Judge or Referee abstains (463.) 
 from directing any judgment to be entered, the plaintiff judgment ^"^t"" 
 may set down a motion for- judgment. If he does not set J^^-^^'^e'' par- 
 down such a motion and give notice thereof to the other 
 
 parties within ten days after the trial, any defendant may 
 set down a motion for judgment, and give notice thereof to 
 the other parties. (E. 560.) 
 
 3. Where, at or after a "trial with a jury, the Judge has (469.) 
 
 ,. . 1 ,1 . . , .1 ,1 i. Motion for judg- 
 
 directed that any judgment be entered, any party may pent when And- 
 apply to set aside such judgment and enter any other i;^^^^™"^'? ^''" 
 judgment, on the ground that the judgment directed t() be 
 entered is wrong by reason that the finding of the jury 
 upon the questions submitted to them has not benn 
 properly entered, (E. 561.) 
 
900 RULES— MOTION FOR JUDGMENT. PART III. 
 
 Order 4. Where, at or after a trial by a Judge, either with or 
 
 ™^Jq without a jury, the Judge has directed that any judgment 
 
 7^r~ — be entered, any party may apply to set aside such judgment 
 
 Motion for judg- and to enter any other judgment, upon the ground that, 
 j^d^ent''^'^' upon the finding as entered, the judgment so directed is 
 rnTn^ifni"*"'' wrong. (E. 562.) 
 
 W71.) 5. An application under Rules 3 and 4 of this Order 
 
 Application to be ■, ., , . , i /^ , /n -nn\ 
 
 to the Court, shall 06 to the Court. (L. obS.) 
 
 a »^- ^^^^-^ J 6. Where at a trial by a Referee he has directed that 
 
 Setting aside . -'■ i i • i 
 
 judgment of rei- any judgment be entered, any party may move to set aside 
 such judgment and to enter any other judgment, on the 
 ground that upon the finding as entered the judgment so 
 directed is wrong. Such motion shall be made to the 
 Court. (E. 564.) 
 (473.) 7. Where issue.s have been ordered to be tried, or 
 
 Application for - , . c c i. j. ^ j l ' j • 
 
 judgment after issucs or qucstions 01 lact to 06 determined in any manner, 
 
 issuesfound. the plaintiff may set down a motion for judgment as soon 
 
 as such issues or questions have been determined. ' If he 
 
 does not set down such a motion, and give notice thereof to 
 
 the other parties within ten days after his right so to do 
 
 has arisen, then after the expiration of such ten days any 
 
 defendant may set down a motion for judgment, and give 
 
 notice thereof to the other parties. (E. 565.) 
 
 Appiioatfon for ^" Where issues have been ordered to be tried, or 
 
 judgment when issues or questions of fact to be determined in anv manner, 
 
 some of the ia-.i ic i* !_• e e l T t 
 
 sues have been and some Only 01 such issues or questions or tact have been 
 
 found. tried or determined, any party who considers that the 
 
 result of such trial or determination renders the trial or 
 
 determination of the others of them unnecessary, or renders 
 
 it desirable that the trial or determination thereof should 
 
 , be postponed, may apply to the Court or a Judge fOr leave 
 
 to set down a motion for judgment, without waiting for 
 
 ■such trial or determination. And the Court or Judge may, 
 
 if satisfied of the expediency thereof, give such leave, upon 
 
 such terms, if any, as shall appear just, and may give any 
 
 directions which may appear desirable as to postponing the 
 
 trial of the other issues of fact. (E. 56G.) 
 
 ,. . <tT^-) , 9. No motion for judgment shall, except by leave of the 
 
 Limitation for ^-., ^ , , , P i., i ^ . . 
 
 motion for judg- Court or J udge, be set down alter the expiration of one 
 
 '"™*' year from the time when the party seeking to set down the 
 
 same first became entitled so to do. (E. 567.) 
 
 (476.) 10. Upon a motion for judgment, or upon an applica- 
 
 onSion. °"' tion for a new trial, the Court may draw all inferences of 
 
 fact, not inconsistent with the finding of the jury, and if 
 
 satisfied that it has before it all the materials necessary for- 
 
 finally determining the questions in dispute, or any of 
 
 them, or for awarding any relief sought, give judgment 
 
 accordingly, or may, if it shall be of opinion that it has not 
 
CHAP. 104.] RULES — ENTRY OF JUDGMENT. 901 
 
 rr. 11, 12. 
 
 sufficient materials before it to enable it to give judgment, order 
 direct the motion to stand over for further consideration, J^^^^^^h 
 and direct such issues or questions to be tried or determined," 
 and such accounts and inquiries to be taken and made, as 
 it may think fit. (E. 568.) 
 
 11. Where it is made to appear to the Court or a (477.) 
 Judge, on the hearing of any application which mav be tion tufne^into 
 pending before the Court or Judge, that it will be S;°*ro/hein¥g 
 conducive to the ends of justice to permit it, the Court oro*™"se. 
 Judge may direct any applications to be turned into a 
 
 motion for judgment, or hearing of the cause or matter; 
 and thereupon the Court or Judge may makesuch order as 
 to the time and manner of giving the evidence in the cause 
 or matter.and with respect to the further prosecution thereof, 
 as the circumstances of the case may require ; and upon 
 the hearing it shall be discretionary with the Court or 
 Judge to either pronounce a judgment or make such order 
 as the Court or Judge deems expedient. (0. 323.) 
 
 12. Where, at any time after the writ of summons has ,, .. f^^^-) . , 
 
 ,.,..,'' 1/-N Ti Motion for judg- 
 
 been issued it is made to appear to the Court or a Judge ment by leave 
 
 on an ex parte application that it will be conducive to the writ ^*""°* 
 
 ends of justice to permit a notice of motion for a judgment 
 
 to be forthwith served, the Court or Judge may order the 
 
 same accordingly ; and when such permission is granted, 
 
 the Court or Judge is to give directions, as to the service 
 
 of the notice of motion and filing of the affidavits, as may 
 
 be expedient. Upon the hearing of such motion the Court 
 
 or Judge, instead of either granting or refusing the 
 
 application, may give such directions for the examination 
 
 of either parties or witnesses, or for the making of further 
 
 inquiries, or with respect to the further prosecution of the 
 
 suit, as the circumstances of the case may require, and 
 
 upon such terms as to costs as the Court or Judge thinks 
 
 right. (0. 324.) 
 
 OEDEE XXXIX . Order XXXIX. 
 
 r^l^ 
 
 ENTRY OF JUDGMEKT. 
 
 1. Everyjudgment shall be entered by the Prothonotary (479.) 
 in the book to be kept for the purpose. The party euteS."'' ^"^ 
 entering the judgment shall deliver to the officer a copy of 
 the whole of the pleadings in the cause other than any 
 petition or summons : Provided that no copy need be 
 delivered of any document a copy of which has been 
 delivered on entering any previous judgment in such 
 cause. The Forms in Appendix F. shall be used with such 
 variations as circumstances may require. (E. 569.) 
 
902 EULES — ENTRY OF JUDGMENT. [PART III. 
 
 Order XXXIX. 2. Where any judgment is pronounced by the Court 
 — ?^L-?r:?! — or a Judge in Court, the entry of the judgment shall be 
 Date ^^o?\ntr ' *^^^®*^ ^^ °^ *'^® ^^y ^^ which such judgment is pronounced, 
 where judgment unless the Court or Judge shall otherwise order, and the 
 Court™" "judgment shall take eflect from that date : Provided that 
 
 by special leave of the Court or a Judge a. judgment may 
 
 be ante-dated or post-dated. (E. 571.) 
 
 (481.) 3. In all cases not within the last preceding Rule, the 
 
 cases. entry of judgment shall be dated as of the day on which 
 
 the requisite documents are left with the proper officer for 
 
 the purpose of such entry, and the judgment shall take 
 
 etfect from that date. (E. 572.) 
 
 (482.) , 4. Any Judge may deliver the judgment of the Court 
 
 ing authori^to when authorized to do so by the Judges who heard the 
 
 PJ'™™"'* ^"'*^" matter on which judgment is to be pronounced, or may 
 
 deliver the judgment of any other Judge when authorized 
 
 so to do by such other Judge, notwithstanding the absence 
 
 of the Judges or Judge aforesaid. (C. 2 of 18S2, sec. 11.) 
 
 T J ^*^i\ 5. Every iudgment or order made in any cause or 
 
 Jndgment for an _ .•'.■'» , -■ , ,i i i * i 
 
 act to he done, matter requirmg any person to do an act thereby ordered 
 shall state the time, or the time after service of the 
 judgment or order, within which the act is to be done, and 
 upon the copy of the judgment or order which shall be 
 served upon the person required to obey the same there 
 shall be indorsed a memorandum in the words or to the 
 effect following, viz. : — 
 
 "If you, the within-named A. B, neglect to obey this 
 judgment {or order) by the time therein limited, you will 
 be liable to process of execution for the purpose of 
 cotppelling you to obey the same judgment (or order)." 
 (E. 573.) 
 
 (484.) 6. Where, under the Act or these Rules or otherwise, 
 
 thor^r^ on e™ it is provided that any judgment may be entered upon the 
 terinffjudgment. gii^g ^f ^ny affidavit or production of any document, the 
 Prothonotary shall examine the affidavit or document 
 produced, apd if the same be regular and contain all that 
 is by law required he shall enter judgment accordingly. 
 (E. 574.) 
 
 Judges on . ^' ^'^^"■e. by the Act or these Rules or otherwise, any 
 
 order.eertifleate.judgment may be entered pursuant to any order or 
 
 or return to writ. ^gj.j,jggg^j.g^ Or rctum to any Writ, the production of such 
 
 order, ceroificate or return shall be a sufficient authority to 
 
 the officer to enter judgment accordingly. (E. 575.) 
 
 MasterTlertifl- ^- Where reference is made to a Master to ascertain 
 cate on refer- the amount for which final judgment is to be entered, 
 
CHAP. 104.] RULES— EXECUTION, 903 
 
 the Master's certificate shall be filed when judgment is Order xxxix. 
 entered. (E. 576.) "■ ^~^^ 
 
 9. In any cause or matter where the defendant has „ ,. .(^^J) 
 
 11 !•■. TO • •! ,111 Solicitor's coB- 
 
 appeared by solicitor, no order tor entering judgment shall sent necessary. 
 be made by consent unless the consent of the defendant 
 is^iven by his solicitor or agent. (E. 577.) 
 
 10. Where the defendant has not appeared, or ^as (.^j^^^^^^^^g^ ^^ 
 appeared in person, no such order shall be made unless thefendant appear- 
 defendant attends before a Judge and gives his consent in' 
 
 person, or unless his written consent is attested by a 
 solicitor acting on his behalf, except in cases where the 
 defendant is a barrister or solicitor. (E. 578.) 
 
 11. Satisfaction pieces shall be signed by the pla^intiffg^jj^f^^^P^^^ 
 or his personal representatives, or by a solicitor specially pieces, 
 authorized for that purpose, unless a Judge, on special 
 circumstances set forth by affidavit, dispense with such 
 authorization. The satisfaction piece may be in the Form 
 
 No. 18, Appendix F. (P. A. 281.) 
 
 ORDEE XL. Order XL 
 
 rr. 1—8. 
 
 EXECUTION, 
 
 1. Where any person is by any iudgment or order ^„ /*?°-) • 
 
 J f J J J o Eileot of semce 
 
 directed to pay any money, or to deliver up or transfer of judgment or 
 any property real or personal to another, it shall not be""^ ^'^' 
 necessary to make any demand thereof, but the person so 
 directed shall be bound to obey such judgment or order 
 upon being duly served with the same without demand. 
 (E. 579.) 
 
 2. Where any person who has obtained anv judgment „ (^^i.) 
 
 J y J , . " 1 -iV Non-perform- 
 
 or order upon condition does not perform or comply with ance of condi- 
 such condition, he shall be considered to have waived ov'f^^g^^ ob- 
 abandoned such judgment or order so far as the same is*a'i«'i- 
 beneficial to himself, and anj' other person interested in the 
 matter may, on breach or non-performance of the condition, 
 take either such proceedings as the judgment or order may 
 in such case warrant, or such proceedings as might have 
 been taken if no such judgment or order had been made, 
 unless the Court or a Judge ' shall otherwise direct. 
 (E. 580.) 
 
 3. A judgment for the recovery by or payment to any (492.) 
 person of money may be' enforced by any of the modes by ^eSfto^ rlcof- 
 which a judgment or decree for the payment of money ery ot money. 
 
904 EULES — EXECUTION. PART III. 
 
 Order XL. might have been enforced on the nineteenth day of April, 
 "••*-"• A. D. 1884. (E. 581.) 
 
 (493.) 4 ^ ludgment for the payment of money into Court 
 
 Judgment tor JO r J , ,. . 
 
 payment into may 06 eniorced by writ oi sequestration, or in cases m 
 
 which attachment is authorized by law, by attachment, or 
 
 by writ of execution. (E. 582.) 
 
 («*■) 5. A judgment for the recovery or for the delivery 
 
 landf"™ " of the possession of land may be enforced by writ of 
 
 possession. (E. 583.) 
 jud ^^e^nt^ tor ^' ^ judgment for the recovery of any property other 
 
 other property, than land or money may be enforced : 
 
 ('a. J By writ for delivery of the property; 
 
 fb.J By writ of attachment; 
 
 Cc.J By writ of sequestration. (E. 584.) 
 
 judgSto do 7. A judgment requiring any person to do any act 
 
 or not to do an other than the payment of money, or to abstain from doing 
 
 anything, may be enforced by writ of attachment, or by 
 
 commital. (E. 585.) 
 
 Meaninf'^ ot 8. In the Rules of this Order the term "writ of 
 
 terms, "writ execution" shall include the writ of execution heretofore 
 
 and"isauingex-used, and writs of sequestration, and attachment, and all 
 
 any'party?^"'^* subsequent writs that may issue for giving effect thereto. 
 
 And the term "issuing execution against any party" shall 
 
 mean the issuing of any such process against his person 
 
 or property as under the preceding Rules of this Order, 
 
 or under the practice of the Court previous to the nineteenth 
 
 day of April, A. D. 1884, shall be applicable to the case. 
 
 (E. 586.) 
 
 («8.) 9. Where a judgment or order is to the effect that 
 
 judgment on any party is entitled to any relief subject to or upon the 
 
 contingency, fulfilment of any condition or contingency, the party so 
 
 entitled may, upon the fulfilment of the condition or 
 
 contingency, and demand made upon the party against 
 
 whom he is entitled to relief, apply to the Court or a Judge 
 
 for leave to issue execution against such party. And the 
 
 Court or Judge may, if sati.sfied that the right to relief 
 
 has arisen according to the terms of the judgment or order, 
 
 order that execution issue accordingly, or may direct that 
 
 any issue or question necessary for the determination of 
 
 the rights of the parties be tried in any of the ways in 
 
 which questions arising in an action may be tried. (E. 587.) 
 
 (499.) 10. Where a judgment or order is against a firm. 
 
 Judgment . . . "" ° O ' 
 
 against firm,— cxccutiou may issue : 
 
 (a.) Against any property of the partnership ; 
 
 (b.) Against any person who has appeared in his own 
 name under Order XII, Eule 8, or who has 
 admitted on the pleadings that he is, or who has 
 been adjudged to be, a partner ; 
 
 how executed. 
 
CHAP. 104.] RULES — EXECUTION. 905 
 
 (c.) Against any person who has been served, as a Order XL. 
 
 partner, with the writ of summons, and has "• ^^~^'^- 
 
 failed to appear. 
 If the party who has obtained judgment or an order 
 claims to be entitled to issue execution against any other 
 person as being a member- of the firm, he may apply to 
 the ^ourt or a Judge for leave so to do ; and the Court or 
 Judge may give such leave if the liability be not disputed, 
 or if such liability be disputed, may order that the liability 
 of such person be tried and determined in any manner in 
 which any issue or question in an action may be tried and 
 determined. (E. 588.) 
 
 11. No writ of execution shall be issued without the (6oo.) 
 production to_ the officer by whom the same should be judgment ^before 
 issued of the judgment or order upon which the writ of {.;™'°s «x«™- 
 execution is to issue, or an office copy thereof, showing the 
 
 date of entry. And the officer shall be satisfied that the 
 proper time has elapsed to entitle the creditor to execution. 
 (E. 589.) 
 
 12. No writ of execution shall be issued without the (5oi.) 
 
 , . - -i 1 . ^- 'I. n^' • e ti I Prcecipe for ex- 
 
 party issuing it, or his solicitor, nling a prcecipe for that eoution. 
 
 purpose ; the prcecipe shall contain the title of the action, 
 the reference to the record, the date of the judgment, and 
 of the order, if any, directing the execution to be issued, 
 the names of the parties against whom, or of the firm 
 against whose goods, the execution is to be issued ; and 
 shall be signed by or on behalf of the solicitor of the party 
 issuing it, or by the party issuing it, if he do so in person. 
 The Forms in Appendix G. shall be used, with such varia- 
 tions as circumstances may require. (E. 590.) 
 
 13. Every writ of execution shall be indorsed with the (502.) 
 
 i? j_i T 'i. ji c ^• '1. J. n • Indorsement of 
 
 name of the solicitor, or farm 01 solicitors, actually suing name of souci- 
 out the same, and when the solicitor actually suing out^ij^jP^^J^oj^ 
 the writ shall sue out the same as agent for another 
 solicitor, the name of such other solicitor shall also be 
 indorsed upon the writ ; and in case no solicitor shall be 
 employed to issue the writ, then it shall be indorsed with a 
 memorandum expressing that the same has been sued out 
 by the plaintiff" or defendant in person, a's the case may be, 
 mentioning the place of such plaintiff"s or defendant's 
 residence. (E. 591.) 
 
 14. Every writ of execution shall bear date of the day (so3.) 
 on which it is issued. The Forms in Appendix H. shall be * °*° '™' 
 used, with such variations as circumstances may require. 
 
 (E. 592.) 
 
 15. In every case of execution the party entitled to (504.) 
 execution may levy the poundage, fees, and expenses ofpoSd^e'S 
 execution, over and above the sum recovered. (E. 593.) expenees. 
 
906 RULES — EXECUTION. [PART HI. 
 
 Order XL. 16. Every writ of execution for the recovery of money 
 
 rr. 16-20- gi^g^i be indorsed with a direction to the sheriff, or other 
 (605.) officer or person to whom the writ is directed, to levy the 
 direotions'to °' moncy really due and payable and sought to be recovered 
 sheriff. under the judgment Or Order, Stating the amount, and also 
 
 to levy interest thereon, if sought to be recovered, at the 
 rate of six per cent, per annum from the time when the 
 judgment or order was entered or made, provided tha!t in 
 cases where there is an agreement between the parties that 
 more than six per cent, interest shall be secured by the 
 judgment or order, then the indorsement may be accord- 
 ingly to levy the amount of interest so agreed, and the 
 indorsement may state how the writ is to be executed. 
 (E. 594, and P. A. 265.) 
 Exeou«OT?how ■''^- Every person to whom any sum of money or any 
 soon it may costs shall be payable Under a iudgment or order shall, so 
 soon as the money or costs shall be payable, be entitled to 
 sue out one or more writ or writs of execution to enforce 
 payment thereof, subject nevertheless as follows : 
 
 Payment post- Cci.J If the judgment or order is for payment within a 
 
 P°°^- period therein mentioned, no such writ as afore- 
 
 said shall be issued until after the expiration of 
 such period ; 
 stay of exeou- (b.) The Court or a Judge may, at or after the time of 
 
 *'""• giving judgment or making an order, stay execu- 
 
 tion until such time as they or he shall think fit. 
 (E. 595.) 
 (607.) 18. Upon any judgment or order for the recovery or 
 
 for" debt ™i payment of a sum of money and costs, there may be at the 
 costs. election of the party entitled thereto either one writ or 
 
 separate writs of execution for the recovery of the sum, and 
 for the recovery of the costs, but a second writ shall only 
 be for costs and shall be issued not less than eight days 
 after the first writ. (E. 596.) 
 
 (508.) 19. A party who has obtained judgment or an order, 
 
 to'isSie°on™iS'^ not being a judgment for payment of money or costs, or 
 
 ^°' ^^^^""'oJ for the recovery of laud, may issue execution in fourteen 
 
 land- days, unless the Court or a Judge shall order execution to 
 
 issue at aa earlier or later date with or without terms. 
 
 (E. 597.) 
 
 (509.) 20. A writ of execution if unexecuted shall remain in 
 
 ?iItSn.°°°'^''*' force for one year only from its issue, unless renewed in 
 
 Benewai. the manner hereinafter provided ; but such writ may at 
 
 any time before its expiration, by leave of the Court or a 
 
 Judge, be renewed, by the party issuing it, for one year 
 
 from the date of such renewal, and so on from time to 
 
 time during the continuance of the renewed writ, either by 
 
 being marked with a seal of the Court and having 
 
CHAP. 104.] EULES — EXECUTION. 907 
 
 indicated on it the date of the day, month, and year of Order XL. 
 such renewal, or by such party giving a written notice of " 21-25- 
 renewal to the Sheriff, signed by the party or his solicitor, 
 and bearing the like seal of the Court and date ; and a 
 writ of execution so renewed shall have effect, and. be 
 entitled to priority, according to the time of the original 
 delivery thereof. (E. 598.) 
 
 21. The production of a writ of execution, or of the (bio.) 
 notice renewing the same, purporting to be sealed and ^^^1?°^ "' '^^' 
 marked as in the last preceding Rule mentioned, showing 
 
 the same to have been renewed, shall be sufficient evidence 
 of its having been so renewed. (E. 599.) 
 
 22. As between the original parties to a iudgment or„ (wi.) 
 
 1 . . ° , ^ , , . , T V s Execution with- 
 
 order, execution may issue at any time within six years in aix years. 
 from the recovery of the judgment or the date of the order. 
 (E. 600.) 
 
 23. In the following cases, viz. : — (fi?) 
 
 ° ' In certain cases 
 
 (a.) Where six years have elapsed since the judgment ^PP"^*jj°jg™' 
 or date of the order, or any change has taken execution. 
 place by death or otherwise in the parties 
 entitled or liable to execution ; 
 (b.) Where a husband is entitled or liable to execution 
 upon a judgment or order for or against a 
 wife ; 
 fc.) Where a party is entitled to execution upon a 
 
 judgment of assets in futuro; 
 
 (d.) Where a party is entitled to execution against 
 
 any of the shareholders of a joint stock 
 
 company upon a judgment recorded against 
 
 such, company, or against a public officer or 
 
 other person representing such company ; 
 
 the party alleging himself to be entitled to execution may 
 
 apply to the Court or a Judge for leave to issue execution 
 
 accordingly. And such Court or Judge may, if satisfied 
 
 that the party so applying is entitled to issue execution, 
 
 make an order to that effect, or may order that any issue 
 
 or question necessary to determine the rights of the parties 
 
 shall be tried in any of the ways in which any question in 
 
 an action may be tried. And in either case such Court or 
 
 Judge may impose such terms as to costs or otherwise as 
 
 shall be just. (E. 601.) 
 
 24. Every order of the Court or a Judge in any cause (gig) 
 
 or matter may be enforced against all persons bound Enforcing order. 
 thereby, in the same manner as a judgment to the same 
 effect. (E. 602.) 
 
 25. Any person not being a party to a cause or matter, (si*) 
 
 , li- J •r.jr 1- Execution by or 
 
 who obtains any order or m whose lavor any order is against a third 
 made, shall be entitled to enforce obedience to such order p*"^'^" 
 
908 RULES — EXECUTION. PART III. 
 
 Order XL. by the same process as if he were a party to such cause or 
 - ^^- ^^—32- matter ; and any person not being a party to a cause or 
 matter, against whom obedience to any judgment or order 
 may be enforced, shall- be liable to the same process for 
 enforcing obedience to such judgment or order as if he 
 were a party to such cause or matter. (E. 604.) 
 (515.) 26. Nothing in this Order shall take away or curtail 
 
 other modes of . i , i in « . t p < a^ t , 
 
 enforcement re- any right hcretoiore existing to eniorce or give enect to 
 ™*'"' any judgment or order in any manner or against any 
 
 person or property whatsoever. (E. 606.) 
 (616.) 27. Nothing in this Order shall affect the order in 
 
 ^bich writs of execution may be issued. (E. 607.) 
 (517.) 28. If a mandamus, granted in an action or otherwise, 
 
 majidatOTy'judg! or a mandatory order, injunction, or judgment for the 
 ment. specific performance of any contract, be not complied with, 
 
 the Court or a Judge, besides or instead of proceedings 
 against the disobedient party for contempt, may direct that 
 the act required to be done may be done so far as 
 practicable by the party by whom the judgment or order 
 has been obtained, or some other person appointed by the 
 Court or a Judge, at the cost of the disobedient party, and 
 upon the act being done, the expenses incurred may be 
 ascertained in such manner as the Court or a Judge may 
 direct, and execution may issue for the amount so ascer- 
 tained, and costs. (E. 608.) 
 (518.) 29. Any judgment or order against a corporation 
 
 J^Mt'Torpora- 'w^ilf ully disobeyed may, by leave of the Court or a Judge, 
 *'™- be enforced by sequestration against the corporate property, 
 
 or by attachment against the directors or other officers 
 thereof, or by writ of sequestration against their property. 
 (E. 609.) 
 (619.) 30. No proceeding by audita querela shall be used, but 
 
 re?&"?n^^'ofany party against whom judgment has been given may 
 aiidita querela, apply to the Court or a Judge for a stay of execution or 
 other relief against such judgment, upon the ground of 
 facts which have arisen too late to be pleaded ; and the 
 Court or Judge may give such relief and upon such terras 
 as may be just. (E. 605.) 
 
 (620.) 31. Undera writ of execution by which he is instructed 
 
 demption"' in'°" to Icvy goods and chattels, the Sheriff may seize and sell 
 fe°iS^. '"''^ ^ <'be interest or equity of redemption in any goods of the 
 party against whom the execution was issued, and such 
 sale shall convey whatever interest the mortgagor had in 
 such goods and chattels at the time of the delivery of the 
 writ to the Sheriff. (P. A. 268.) 
 
 Goods^lc^when ^^' ^° ^"'' °^ cxecution, or other writ under which 
 
 bound' by writ, personal property is directed to be seized, shall bind the 
 
 goods, or shall prejudice the title to such goods acquired 
 
CHAP. 104.] RULES — EXKCUTION. 909 
 
 by any person bona fide and for a valuable consideration, Order XL. 
 before the actual seizure thereof by virtue of such writ ; rr- 33—36. 
 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 of 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 the writ, indorse 
 thereon the time at which the same was received by him. 
 (P. A. 269.) 
 
 33. Current gfold and silver coin may be taken in (622.) 
 execution, and may be paid to the creditor as money be'Sken?'' ™*^ 
 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 money collected, 
 if he will accept them ; otherwise they shall be sold as 
 other chattels. (P. A. 270.) 
 
 34. The Sheriff shall seize and take in execution any (B23.) 
 money or bank notes (including any surplus of a former may ""e^'ukoii 
 execution against the defendant), cheques, bills of exchange, "''°*''*'"'' 
 promissory notes, bonds, mortgages, specialties, or other 
 securities for money belonging to the person against whose 
 
 effects the writ of execution has issued ; and the Sheriff 
 shall hold any such cheques, bills of exchange, promissory 
 notes, bonds, mortgages, specialties, or other securities for 
 money as a security or securities for the amount by the 
 indorsement on the writ directed to be levied, or so much 
 thereof as has not been otherwise levied or raised ; and the 
 Sheriff shall pay apd assign them to the plaintiff at the 
 sum actually due on and secured by them respectively if 
 he 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. (P. A. 271.) 
 
 35. The transference to the plaintiff of such cheques, (524.) 
 bills of exchange, promissory notes, bonds, mortgages, ot s«juritie8"&of 
 specialties, or other securities for money, or the payment 
 
 of the same to the Sheriff with or without suit, or the 
 recovery and levying execution against the party so liable 
 on the securities above mentioned, shall discharge him to 
 the extent of such payment, or of such recovery, and levy 
 in execution (as the case may be), from his liability on 
 any such cheque, bill of exchange, promissory note, bond, 
 mortgage, specialty, or other security. (P. A. 272.) 
 
 36. The Sheriff shall pay over to the plaintiff or his (62b.) 
 attorney the money so recovered, or a sufficient sum to ovar money 'r*^ 
 discharge the amount by the writ directed to be levied, oovsred. 
 
 less his poundage and expenses. (P. A. 273.) 
 
910 RULES— DISOOVERT IN AID OP EXECUTION. [PART III. 
 
 Ofder XL. 37. If, after satisfaction of the amount, together with 
 
 IT. 37-44. Sheriff's poundage and expenses, any surplus remains in 
 Surplus to be the hands of the Sheriff, the same shall be paid to the 
 vbaS to defend- pj^p^y against whom the execution issued. (P. A. 274.) 
 
 (627.) 38. No Sheriff .shall be bound to sue any party liable 
 
 n%'to°she"?fl™' upon any such cheque, bill of exchange, promissory note, 
 bond, mortgage, specialty, or other security, unless the 
 party who sued out the execution enters into a bond with 
 two sureties to indemnify such Sheriff from all costs and 
 expenses to be incurred in the prosecution of the action, 
 or to which he may become liable in consequence thereof ; 
 and the expense of such bond may be deducted out of any 
 money recovered in such action. (P. A. 275.) 
 (528.) 39. The Sheriff shall, in returning every execution, 
 
 sheriff to make ,, •iii_-j- j.v. j ji, i. 
 
 retumwithwrit. state specially his doings thereunder, and where property 
 
 has been taken, give a specific account thereof, and of the 
 
 sales of the same, with an account of his fees and charges 
 
 against the same. (P. A. 276.) 
 
 (529.) 40. The necessary wearing apparel and bedding of the 
 
 ArticlBS 6X6mT)t- • . o t l o 
 
 ed from levy, debtor and his family, and the tools or instruments of his 
 trade or calling, one stove, and his last cow, shall be 
 exempted from execution. (P. A. 277.) 
 (530.) 41. No writ of execution shall bind the goods of the 
 
 bSd good's™ *° defendant but from the time the writ shall be delivered to 
 
 the sheriff to be executed ; and the sheriff shall, upon the 
 
 receipt of the writ, indorse thereon the time at which the 
 
 same was received by him. (P. A. 278.) 
 
 (531.) 42. A written order signed by the solicitor by whom 
 
 fendan?° from'" any Writ of execution shall have been issued, or by the 
 
 custody. party at whose instance such execution issued, shall justify 
 
 the ofBcer in discharging any person held in custody under 
 such execution. The order of the solicitor shall not suffice 
 for that purpose where the party for whom such solicitor 
 professes to act has- given to the officer written notice to 
 the contrary, and shall not in any case be a satisfaction of 
 the debt unless made by the authority of the creditor. 
 (P. A. 280.) 
 
 (632.) 43. Where the writ of execution is against several, 
 
 defendant^ m^ and it is not intended that all of them shall be arrested, 
 be arrested. j^j^g Sheriff may be directed to arrest any one or more of the 
 
 persons against whom the execution has been issued, 
 
 (P. A. »46.) 
 
 3. — Discovery in aid of Execution. 
 
 KxamSon of **• When & judgment or order is for the recovery or 
 
 judgment debt- payment of money, the party entitled to enforce it may 
 
 apply to the Court or a Judge for an order that the debtor 
 
 liable under such judgment or order, or in the case of a 
 
CHAP. 104.] RULES — WRITS OF EXECUTION, ETC. 911 
 
 corporation that any officer thereof, be orally examined, as order XL. 
 to whether any and what debts are owing to the debtor, and _"•■ 45-47. 
 whether the debtor has any and what other property or 
 means of satisfying the judgment or order, before a Judge 
 or an officer of the Court as the Court or Judge shall 
 appoint ; and the Court or Judge may make an order for 
 the attendance and examination of such debtor, or of any 
 other person, and for the production of any books or docu- 
 ments. (E. 610.) 
 
 45. Any person liable to be examined under any of the (634.) 
 Rules of t^is Order may be compelled to attend and testify, tendancr^and ' 
 and to produce books and documents, in the same manner, p™**™*'™- 
 and subject to the same rules of examination, and the same 
 consequences of neglecting to attend, or refusing to disclose 
 
 the matters in respect of which he may be examitied, as in 
 the case of a witness on a trial. (0. 368.) 
 
 46. In case of any judgment or order other than for (sss) 
 the recovery or payment of money, if any difficulty shall Sto^money' 
 arise in or about the execution or enforcement thereof, any 
 
 party interested may apply to the Court or a Judge, and 
 the Court or Judge may make such order thereon for the 
 attendance and examination of any party or otherwise as 
 may be just. (E. 611.) 
 
 47. The costs of any application under the last two (Bse.) 
 preceding Rules or either of them, and of any proceedings "" °' 
 arising from or incidental thereto,- shall be in the discretion 
 
 of the Court or a Judge, or in the discretion of such officer 
 as in Rule 44 mentioned, if the Court or a Judge shall so 
 direct. (E. 612.) 
 
 OEDEK XLI. 
 
 WEITS OF EXECUTION AND SEQTJBSTEATION. 
 
 Order XLI. 
 rr. 1, 2. 
 
 1. Writs of execution, of the Forms in use immediately (537.5 
 preceding the first day of October, A.D., 1884, and of the ^0™ ^^ effect. 
 Forms in Appendix H., shall have the same force and effisct 
 
 as the like writs have heretofore had, and shall be executed 
 in the same manner in which the like writs have heretofore 
 been executed. (E. 613.) 
 
 2. Where any person is by any judgment or order (638.) 
 directed to pay money into Court or to do any other act inSion,' ^^'*"^^' 
 a limited time, and after due service of said judgment or 
 
 order refuses or neglects to obey the same according to the 
 exigency thereof, the person prosecuting such judgment or 
 order shall, at the expiration of the time limited for the 
 performance thereof, be entitled, without obtaining any 
 order for that purpose, to issue a writ of sequestration 
 
912 RULES — ATTACHMENT. [PART III. 
 
 Order XLI. against the estate and effects of such disobedient person. 
 
 - "' ^~*' — Such writ of sequestration shall have the like effect, as 
 
 nearly as may be, as a writ of sequestration in Chancery 
 
 had in England before the commencement of the Principal 
 
 Judicature Act, and the proceeds of such sequestration 
 
 may be dealt with in the same manner as the proceeds of 
 
 writs of sequestration were before the same date dealt with 
 
 by the Court of Chancery, as nearly as may be. (E. 618.) 
 
 (539.) ^ 3. No subpcena for the payment of costs, and, unless 
 
 costs. ^ by leave of the Court or a Judge, no sequestration to enforce 
 
 such payment, shall be issued. (E. 619.) 
 
 No ve^lioni ^' Where, by virtue of any writ of execution, goods or 
 
 exponas neoes- other property have been seized but not sold, no writ of 
 
 '^'^' venditioni exponas need be issued, but the ofiBcer may 
 
 proceed to sell such goods or other property, although the 
 
 writ of execution may have expired. 
 
 order Xin. OEDEE XLII. 
 
 rr. 1, a. 
 
 ATTACHMENT. 
 
 Efleo/o"'attaoh- ^- "^ ^^'^^ °^ attachment against the person .shall have 
 ment. the Same effect as a writ of attachment issued out of the 
 
 Supreme Court has heretofore had. (E. 620.^ 
 
 Leave to'L ob- 2. No such Writ of attachment shall be issued without 
 tained. ^jjg leave of the Court or a Judge, to be applied for on 
 
 notice to the party against whom the attachment is to be 
 
 issued. (E. 621.) 
 
 Order XLIII. 
 r. 1. 
 
 OED-EE XLIII. 
 
 ATTACHMENT OF DEBTS. 
 
 «j <^*^). .. 1- The Court or Judge may, upon the ex parte 
 
 Order for attach- i-.- i; iii-, .,". 
 
 ment of debts, application 01 any person who has obtained a judgment 
 or order for the recovery or payment of money, either 
 before or after any oral examination of the debtor liable 
 under such judgment or order, and upon affidavit by 
 himself or his solicitor stating that judgment has been 
 recovered, or the order made, and that it is still unsatisfied, 
 and to what amount, and that any other person in indebted 
 to such debtor, and is within the jurisdiction, order that all 
 debts owing or accruing from such third person (hereinafter 
 called the garnishee) to such debtor, shall be attached to 
 answer the judgment or order ; and by the same, or any 
 
CHAP. 104. j RULES — ATTACHMENT OF DEBTS. 913 
 
 subsequent order it may be ordered that the garnishee order xmi. 
 
 shall appear before the Court or a Judge or an officer of ^^- ^~^' 
 
 the Court, as such Court or Judge shall appoint, to show 
 cause why he should not pay to the person who has 
 obtained such judgment or order the debt due from him to 
 such debtor, or so much thereof as may be sufficient to 
 satisfy the judgment or order. (E. 622.) 
 
 2. Service of an order that debts, due or accruing to a (sw.) 
 debtor liable under a judgment or order, shall be attached, shee'crder.^"™ 
 or notice thereof to the garnishee, in such manner as the 
 
 Court or Judge shall direct, shall bind such debts in his 
 hands. (E. 623.) 
 
 3. If the garnishee does not forthwith pay into Court (545.) 
 the amount due from him to the debtor liable under a tion^'ag^nlt'gar- 
 judgment or order, or an amount equal to the judgment or"'*'*''^- 
 order, and dpes not dispute the debt due or claimed to be 
 
 due from him to such debtor, or if he does not appear upon 
 summons, then the Court or a Judge may order execution 
 to issue, and it may issue accordingly, without any previous 
 writ or process, to levy the amount due from such garnishee, 
 or so much thereof as may be sufficient to satisfy the 
 judgment or order. (E. 624.) 
 
 4. If the garnishee disputes his liability, the Court or (546.) 
 Judge, instead of making an order that execution shall putld uabu^y of 
 issue, may order that any issue or question necessary f or s""^"'*^^- 
 determining his liability be tried or determined in any 
 
 manner in which any issue or question in an action may 
 be tried or determined. (E. 625.) 
 
 5. Whenever in proceedings to obtain an attachment (547.) 
 
 of debts it is suggested by the garnishee that the debt person °to ap- 
 sought to be attached belongs to some third person, or that^^"'" 
 any third person has a lien or charge upon it, the Court or 
 a Judge may order such third person to appear, and state 
 the nature and particulars of his claim upon such debt. 
 (E. 626.) 
 
 6. After hearing the allegations of any third person (548.) 
 under such order, as in Rule 5 mentioned, and of any other th1?dp°rsons. '° 
 person whom by the sarne or any subsequent order the 
 
 Court or a Judge may order to appear, or in case of such 
 third person not appearing when ordered, the Court or 
 Judge may order execution to issue to levy the amount 
 due from such garnishee, or any issue or question to be 
 tried or determined according to the preceding Rules of 
 this Order, and may bar the claim of such third person, or 
 make such other order as such Court or Judge shall think 
 fit, upon such terms, in all cases, with respect to the lien or 
 59 
 
914 EULES — ARREST OF DEFENDANT, ETC. [PART IIL 
 
 Order XLiii. charge (if any) of such third person, and to costs, as the 
 — ^^- ''~^- — Court or Judge shall think just and reasonable. (E. 627.) 
 
 EffeJ^ot pay- 7. Payment made by or execution levied upon the 
 ment by garni- garnishee Under any such proceeding as aforesaid shall be 
 a valid discharge to him as against the debtor, liable under 
 a judgment or order, to the amount paid or levied, although 
 such proceeding may be set aside, or the ju-dgment or order 
 reversed. (E. 628.) 
 
 Eecord^of'at ^- '^^^^^ ^^^^^ ^® ^^P* ^7 *^® ProthonotaTy a Debt 
 
 tachmentB. Attachment Book, and in such book entries shall be made 
 of the attachment and proceedings thereon, with namesv 
 dates, and statements of the amount recovered, and other- 
 wise; and copies of any entries made therein may be taken 
 by any person upon application. (E. 629.) 
 
 (551.) 9. The costs of any application for an attachment of 
 
 debts, and of any proceedings arising from or incidental to 
 such application, shall be in the discretion of the Court or 
 a Judge. (E. 630.) 
 
 Order XIIV. ORDEK XLIV. 
 
 r. 1. 
 
 ' AKEEST OV BEJENDANT BEFORE riNAl JUDGMENT. (CAWAS,) 
 
 Arrestofdlfend- ^- Where the plaintiff, in any action in which the 
 ant about to defendant is now liable to arrest, by affidavit of himself, 
 vince. ^ ™ Or some other person, proves to the satisfaction of a Judge 
 of the Supreme Court, or of a Judge of a County Court, 
 or of a Commissioner, that the plaintiff has a good cause 
 of action against the defendant, to the amount of eighty 
 dollars or more, and that the deponent has probable cause 
 for believing, and does believe, that the defendant is about 
 to leave the Province unless he be arrested, and that he 
 believes that the debt will be lost unless the defendant be 
 forthwith arrested, such Judge or Commissioner may, 
 without requiring in such affidavit any statement of the 
 ground for such belief, make an order directing that such 
 defendant be arrested and imprisoned for a period not 
 exceeding six months, unless and until he has sooner given 
 the security prescribed in the following Rules of this 
 Order, which security shall be to such amount as the Judge 
 or Commissioner shall think fit (not exceeding the sum 
 sworn to). The security shall be to the effect that any 
 sum recovered against the defendant so arrested, in the 
 action, shall be paid, or that the defendant shall be ren- 
 dered to prison. (See Imp. Act 32 and 33 V., c. 62, and 
 P. A. 31 et seq., and Eng. E, M. T., 18«9.) 
 
CHAR 104.] UtTLES— iREEst OP DEffiNDANf, ETC. t)l5 
 
 2. Orders to arrest may be in Form No. 28 in Appendix ordsr xirf. 
 K., or to the like effect. They shall be sealed by the rr. 2-9. — 
 Prothonotary and shall then be deemed to be issued. Fom/oforder. 
 
 3. The defendant shall be at liberty, at any time after (554.) 
 the arrest, to apply to rescind or vary the order, or to be de'f^'Sn™ tor 
 ■discharged from CAistody, or for such other relief as may be i^^i'^f- 
 just. Such application may be made to the Commissioner 
 
 or County Court Judge who made the order, or to any 
 Judge of the Supreme Court or to the Court, and may be 
 made to the Court or to a Judge notwithstanding a previous 
 application' to the Commissioner or County Court Judge, 
 and notwithstanding such Commissioner or County Court 
 Judge has either partially given or refused relief in the 
 premises. If the creditor be dissatisfied with any order 
 made by a Commissioner or County Court Judge on such 
 application, he may apply to the Court or a Judge to 
 rescind or vary the same. The costs of every proceeding 
 shall be in the discretion of the Commissioner or Judge, 
 and of the Court or Judge. 
 
 4. Concurrent orders may be issued for arrest in (5B5.) 
 
 T (^ , . . Concurrent 
 
 ditierent counties. orders. 
 
 5. Th« security to be given by the defendant may be (s^e.j 
 
 a deposit in Court of the amount mentioned in the order, be given by de- 
 with forty dollars for costs, or a bond to the Sheriff or*™''"'^*- 
 Coroner, as the case may be, by the defendant and two 
 sufficient sureties (or with leave of a Judge, more than 
 two), or, with the plaintiff's consent, any other form of 
 security. The bond may be in the Form in Appendix K., 
 with such variation aw circumstances may require. The 
 sureties shall be deemed bail to the action and may render 
 the defendant at any time. 
 
 6. The money deposited, and the security, and all (557.) 
 proceedings thereon, shall be subject to the order and foordeJofCouTt! 
 control of the Court or a Judge. *°- 
 
 7. Unless otherwise ordered the costs of and consequent (568.) 
 
 1 , J 1 n 1 i. • ii Costs of arrest. 
 
 •on an order to ari-est shall be costs in the cause. 
 
 8. The Sheriff shall, within one month after the date ,.^,^^^ 
 of such order to arrest, but not afterwards, proceed to ^' " ^^" 
 arrest such defendant thereon, and shall keep him in 
 custody until he shall have given the security mentioned 
 
 in Rule 5 of this Order. The Sheriff shall make return of 
 the order to the Prothonotary of the county where the 
 order was sealed, with a statement of his doings thereon, 
 immediately on the execution thereof, or at the expiration 
 of the month if not executed. (P. A. 32.) 
 
 9. When the defendant shall be described in the order (560.5 
 or affidavit by initials, or by a wrong name, or without a^'^""""' 
 Christian name, he shall not therefor be discharged out of 
 
916 RULES — ARREST OF DEFENDANT, ETC. [PART HI. 
 
 Order xiiv. custody, or the bond be ordered to be cancelled, if it shall 
 rr. 10—16. appear by the affidavit on which the order was granted, that 
 due diligence has been used to obtain a knowledge of the 
 proper name. (P. A. 33.) 
 (661.) 10. Where a defendant is in custody on an order to 
 
 charged if plain- arrest, and the plaintiff does not proceed to trial at the next 
 c^°to trial^™" term or sittings after his arrest, the defendant shall be 
 discharged, unless the Court or a Judge be of opinion that 
 he ought not to be discharged, on cause shewn by affidavit ; 
 provided the defendant was ready for trial at such term 
 or sittings, and had appeared and delivered his state- 
 ment of defence, and had given notice of his readiness 
 for trial when the cause was called for trial ; and provided 
 the cause had been called for trial. (P. A. 34.) 
 (562.) 11. A defendant arrested under order to arrest shall be 
 
 digent Debtor's entitled to the Same relief as a defendant arrested under 
 ^°'' execution or other process is entitled under the provisions 
 
 of the Chapter of the Revised Statutes, " Of the Relief of 
 Indigent Debtors confined in Jail." 
 (563.) 12. The bail to the sheriff may be called upon to justify 
 
 when°to justify, on the return of the order ; and the sheriff' shall be liable 
 for taking insufficient bail ; but he may relieve himself at 
 any time before judgment by causing the defendant to be 
 rendered, and by payment of all costs which may have been 
 incurred by the plaintiff in consequence of such bail being 
 insufficient. (P. A. 196.) 
 
 Baiiboundtobe ^^- ^'^^ Sheriff .shall return the bail bond with the 
 returned with Order to the place where the order was sealed, with an 
 assignment thereon to the plaintiff, which assignment may 
 be made by the Sheriff indorsing "his name thereon ; and 
 the same shall be sufficient to enable the plaintiff to bring 
 action thereon in his own name against the several partiea 
 who have executed the same. (P. A. 197.) 
 (566.) 14. In any case where the writ of execution against 
 
 Bail, when allow- .1 t p i . • ... t .^ 
 
 ed to render in the deiendant in any action is returned non est inventus, 
 acfaonupon bail and an action is prosecuted against his bail upon their bond, 
 they shall be allowed to render their principal in discharge 
 thereof at any time before the time for pleading has elapsed, 
 if they pay to the plaintiff the costs which have been 
 incurred in the action against them upon their bond. 
 (P. A. 198.) 
 
 Baiuivfngat ^^- When the bail live morc than twenty milcs from 
 
 ^usurbT^ the place where the action is brought, or where the bail 
 judgC &o°^'^ live within that distance, but the Court shall not be in 
 session, they may justify before a Judge or a Commissioner, 
 by affidavit ; and the Judge or Commissioner may examine 
 the sureties upon oath touching the value of their respective 
 estates. (P. A. 199.) 
 
CHAP. 104.] RULES— REPLEVIN. 917 
 
 ORDEE XLV. order XLV. 
 
 rr. 1-6. 
 
 REPLEVIN. 
 
 1. No Writ of Replevin shall hereafter be issued, but in o,ae/^foVdeiiv. 
 any action, commenced as prescribed by Rule I. of Order ery instead of 
 II., brought for the recovery of any personal property, and^" ° ''^p*""- 
 claiming, whether alone, or with any other claim, that such 
 property was unlawfully taken, or is unlawfully detained, 
 
 the plaintiff may, at any time after the issue of the writ of 
 summons, obtain from the Prothonotary an order for the 
 delivery of the property to him, on his complying with the 
 Rules hereinafter contained in this Order. Such order for 
 delivery shall be in the Form No. 49 in Appendix K., with 
 such variations as circumstances may require, and, where 
 signed and sealed by the Prothonotary, shall be deemed to 
 be issued, and shall thereafter have the like force and effect 
 as the writ of replevin has heretofore had. 
 
 2. No order to replevy, except where the property j^ff^^^^^^H ^^ 
 sought to be replevied has been distrained for rent or flied before issue 
 damage feasant, shall issue, unless the party applying" 
 therefor, or his agent, shall make and file an affidavit, 
 
 therein stating :— 
 
 1st. That the person or corporation claiming the pro- 
 perty is the owner thereof, or that he is lawfully entitled 
 to the possession thereof, and that it is unjustly detained 
 from him, describing the property in the affidavit. 
 
 2nd. The value thereof to the best of his belief. 
 
 Such description of the property, and the value thereof 
 shall be stated in the order. The affidavit may be in the 
 form in Appendix K., No. 50, or to the like effect. (P. A. 
 331.) 
 
 8. A copy of such order shall be served on the defend- „ . (sss) 
 
 iT -p -1 1 !■ 1 1 !■ i 1 • , Service of order 
 
 ant personal]}', or, it he cannot be round, leit at his usual 
 or last place of abode, with his wife or some other grown 
 person, being a member of his family or household. 
 (P. A. 332.) 
 
 4. The Sheriff shall proceed under such order as he did „. .i^™) 
 
 1 p 1 . ^ « , . , in Sheriffs duty on 
 
 heretofore under a writ of replevin, but shall not serve a receipt of order. 
 
 copy thereof until he has replevied tlte property, or some 
 
 part of the property therein mentioned, if he cannot replevy 
 
 the whole, in consequence of the defendant having removed 
 
 the same out of the county, or because the same is not in 
 
 the possession of the defendant, or of any person for him. 
 
 (P. A. 333.) 
 
 5. Before the Sheriff replevies he shall take a bond in^ ndifVh riff 
 double the value of the property to be replevied, as stated 
 
 in the order. The bond shall be assignable to the 
 
Where 
 
 is concealei 
 
 918 RULES — REPLEVIN. [PART III. 
 
 Order XLV. defendant by the Sheriff indorsing his name thereon, and 
 
 rr. 6-8, g,,pVi indorsement shall enable the plaintiff to bring action 
 
 thereon in his own name against the parties who have 
 
 executed it. The bond may be in the Form No. 51 in 
 
 Appendix K., with such variations as circumstances may 
 
 require. (P. A. 333.) 
 
 (6Y2.)i 6. In case the property to be replevied, or any part 
 
 " aieT^'*^ thereof, be secured or concealed in. any dwelling-house or 
 
 broS^ope^n by ot^er building or enclosure of the defendant, or of any 
 
 sheriff after de- other peison holding the same for him, and the Sheriff 
 
 publicly demands from the owner and occupant of the 
 
 premises deliverance of the property to be replevied, and in 
 
 case the same be not delivered to him within twenty-four 
 
 hours after such demand, he may, and if necessary shall, 
 
 break open such house, holding or enclosure, for the 
 
 purpose of replevying such property, or any part thereof, 
 
 and shall replevy according to the order. (P. A. 334.) 
 
 (5780 7. If the property to be replevied, or any part thereof, 
 
 search defend- be Concealed either about the person or on the premises of 
 
 premi^er°wherethe defendant, or of any other person holding the same for 
 
 Takd^^ '^ '''"'" him, and the Sheriff demands from the defendant or such 
 
 other person aforesaid delivery thereof, and delivery be 
 
 neglected or refused, he may, and if necessary shall, search 
 
 and examine the person and premises of the defendant, or 
 
 of such other peison, for the purpose of replevying such 
 
 property, or any part thereof, and shall make replevin 
 
 according to the order. (P. A. 335 ) 
 
 (674.) 8. The Sheriff shall return the order to the Prothonotary 
 
 Return, what to » .i , . i. • i. ii_ ■ i -ti 
 
 contain, ot the county in which the same was issued, with a 
 
 statement of his doings thereon, and shall annex to the 
 return of the order : — 
 
 1st. The names of the sureties in, and the date of, the 
 bond taken from the plaintiff, and the names of the 
 witnesses thereto. 
 
 2nd. The names of the sureties in, and the date of, the 
 bond taken from the defendant on his retention of the 
 i:)roperty, and the names of the witnesses thereto. 
 
 3rd. The places of residence and additions of the 
 sureties. • 
 
 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 order, and cannot 
 replevy 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 
 cannot replevy, and the reason why not. (P. A. 336.) 
 
-CHAP. 104.| KUMS-— ABSCONDING DEBTORS. 919 
 
 9. Notwiitistamding t'be iesoae of an order to replevy, Order XLV. 
 (the defendant, or his agent, except in eases of distress for ^- ^■ 
 
 rent or damage feasant, shall have the right to retain (575.) 
 possession of the property contained therein, if he shall retilntlTsLBS 
 give security to the Sheriff in the Forin number 52 in°?JySi^i^ ««<=»- 
 Appendix K„ with su-ch variations as cireumstanees may 
 require. Such security, given either by the plaintiff or 
 defendant, s'hali be assigned, on request, to the party 
 entitled to the benefit thereof, by the Sheriff indorsing his 
 name thereon, and such indorsement shall be sufficient to 
 enable such party to bring action thereon in his own name 
 against the several parties who have executed such security. 
 <P. A. 343.) 
 
 ORDER XLYI. Order XLVI. 
 
 rr. 1— a. 
 
 SUETS AGAINST ABSENT) OR ABSSONDING BEBTOES. 
 
 1. — Generally. 
 
 1. In suits against persons absconding or absent out of writ to?tate de- 
 tbe Province, the writ of summons shall be in the usual fendant is ab- 
 form, but may describe the defendant as absconding or''™' 
 absent out of the Province. A copy of the writ of sum- 
 mons shall be left at the last place of defendant's abode. 
 
 2. At or after the commencement of the action the ,,, (^^^^ 
 
 1 . ■ i*. - a n Attachment, 
 
 plaintiit may sue out attachment to take property, on tow issued. 
 making an affidavit, by himself or his agent, showing a 
 cause of action for eighty dollai-s or upwards, stating the 
 amount of debt due or damage sustained, and stating that 
 the defendant is absent or absconding from the Province. 
 The sum so sworn to shall be indorsed on the writ of 
 attachment. 
 
 3. The Sheriff to whom a writ of attachment is directed, <678.) ^ 
 shall levy for the amount indorsed on the writ, with one 
 hundred and twenty dollars for probable costs.- (C. 97, 
 
 R. S., 4th series, sec. 4.) 
 
 4. Where goods are exhibited to the Sheriff as the ^'-^''^-wteA 
 property of the absent or absconding debtor, they shall be to be appraised 
 valued by two appraisers who may be sworn before the >'«'ofe levy. 
 Sheriff or deputy Sheriff or any other person competent to 
 administer an oath, and upon an appraisement being made 
 
 under their hands, the Sheriff shall retain such part of 
 
 the goods as shall be sufficient to respond the sum sworn 
 
 to, and probable costs as above. The defendant's property Attaoiiment 
 
 shall not be bound by the attachment until a levy is made. '''""^^ "'°"' '''^■ 
 
 (C. 97, R, S., 4th series, sec. 5.) 
 
920 RULES — ABSCONDING DEBTORS. [PART III. 
 
 Order XLVi. 5. Where the goods consist of stock, or are shown 
 rr B-12. ypQu affidavit to be of a perishable nature, and the agent, 
 
 (680.) if anj', shall not, within three daj's after notice of the 
 may*be*'sofd°by appraisement, give security for the value, a judge may at 
 uniesa "'seourir ^'^ discretion cause the same to be sold at public auction, 
 is given. and the proceeds thereof shall be retained by the Sheriflf, 
 
 or paid into Court to respond the judgment. (C. 97, R. S., 
 
 4th series, sec. 6.) 
 
 ^. — Subsequent Attackers. 
 
 Party ^interested ^- When any person shall have any title or interest in 
 
 may contest at- 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 tbe ground that 
 
 the sum demanded was not justly due, or that it was 
 
 not payable when the action commenced. (C. 97, R. S., 
 
 4th series, sec. 7.) 
 
 Shall ^^aH t '^" The party oljecting to the attachment may apply 
 
 Court on afflda- to the Court or a Judge to set it aside. The application 
 
 " ■ shall be grounded on an affidavit, setting out the facts and 
 
 circumstances on which the motion is made, and also 
 
 showing that the applicant's claim is just and legal. 
 
 (C. 97, sec. 8.) 
 
 courtmfydireot . ^- ^P^" hearing the motion, the Court or Judge may 
 
 trial and make dircct a trial of any question of fact arising on the inquiry ; 
 
 and if it shall 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 or Judge shall 
 
 order the attachment therein made to be set aside in whole 
 
 or in part, as justice shall require, but the order shall have 
 
 no other effect in the prior suit. (C. 97, sec. 9.) 
 
 prooeStai in ^- '^^^ proceedings between the two adverse claimants 
 
 prior suit to have shall n( t be affcctcd by any defence or other act of the 
 
 defendant in the prior suit, nor by any judgment that 
 
 shall be rendered therein. (C. 97, sec. 10.) 
 
 Court^^M^- or ^^' "^^^ Court or Judge may, upon every such inquiry, 
 der security tor dircct such security to be given for costs, and, upon any 
 costs, &c. decision thereon, may award such costs to either party as 
 
 may be just and reasonable. (C. 97, sec. 11.) 
 
 Assessnfent ^^' ^^ ^^^ defendant does not appear within six months 
 
 from the attachment of property or service of an agent, 
 unless a later appearance and defence be allowed by the 
 Court or a Judge, the debt or damage may be assessed 
 before a Judge. The Judge may order a trial in any mode 
 that he may think fit. (C. 97, sec. 13.) 
 
 New © or ^^- ^^^ ^?'"'* °'' ^ J"dge may order a new trial, or 
 postponement, may postpone judgment for a further time to allow the 
 
CHAP 104.] EULES — ABSCONDING DEBTORS. 921 
 
 defendant a further opportunity to defend, and may direct Order XLVi. 
 all proper notices to be given. (C. 97, sec. 14.) rr. is-is. 
 
 3. — Execution, 
 
 13. After judgment obtained against an absent or (ssa) 
 absconding debtor, the Court or a Judge may grant execution against agent. 
 against any agent or trustee who has been summoned and 
 proved to have goods or credits in his hands, for such 
 amount and on such terms as the Court or Judge approves, 
 allowing the agent his reasonable costs and other just 
 allowances. Notice of the application for leave to issue 
 execution shall be given to the agent. (C. 97, sec. 15.) 
 
 14. No execution shall issue against any person sued security^Lfore 
 as an absent or absconding debtor, and who has not been execution. 
 served with the writ of summons, or appeared, until the 
 plaintiff shall have given security to the satisfaction of the 
 
 Court or a Judge for the repayment of all moneys levied 
 thereunder, in case of the judgment being reversed. 
 (C. 97, sec. 16.) 
 
 4. — The Agent or Trustee. 
 
 15. If at any time after the commencement of the„ (69o) 
 
 ,1 T • i-rr 1- 1 ly t ■ i>ni-n Summons for 
 
 action the plaintm or his agent makes an amdavit or belief agent. 
 that any person is the agent or trustee of the defendant, 
 or has goods or credits of such defendant in his possession 
 or under his control, a summons shall issue to bring in 
 such agent or trustee. (C. 97, sec. 18.) 
 
 16. The service of such summons on the agent shall j,ggj.j.(^^ji>gujj^ 
 bind all the goods and credits of the defendant, then in hismonstor agent. 
 possession, or under his control, including choses in action, 
 
 to the amount indorsed on the writ, with one hundred and 
 twenty dollars for probable costs. (C. 97, sec. 19.) 
 
 17. When an agent or trustee is summoned, he shall ^J^^^^'^^^^^ 
 appear and file his declaration with the Prothonotary of declaration of 
 the county where he resides, and serve the plaintiff or his^^™" 
 attorney with a copy thereof within fifteen days after 
 
 service ; but he shall not be required to appear for per- Proviso, 
 sonal examination, except on notice to that effect, and in 
 the county where he resides, either before the Judge or the 
 Court in term or sittings. (C. 97, sec. 20.) 
 
 18. Where a person summoned as agent or trustee shall (693.) 
 file a declaration under his hand that he had not, at the CTtttied'to^osts 
 time the summons was served upon him, any goods, effects or *^„ ^^^J^ """ 
 credits of the absent or absconding debtor in his possession 
 
 or under his control, and shall, if required, submit to an 
 
922 
 
 EUI-ES — ABSCONDING DEBTOES. [PART III, 
 
 Order XLVI. 
 rr. 19—23. 
 
 (594.) 
 Proceedings 
 against agent 
 pot appearing. 
 
 (596.) 
 Attachment 
 removed by 
 special bail. 
 
 examination upon oath satisfactory to the Court or a Judge, 
 . 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 
 entitled to sue out execution against the plaintiff for the 
 amount of such costs, fees and attendance. (C. 97, sec. 21.) 
 
 an agent or trustee 
 oath if required the 
 the principal in his 
 service of process, or 
 in his hands to res^ 
 Judge may deal with 
 also be liable to pay 
 Judge shall so order, 
 
 as 
 
 19. If any person summoned 
 shall fail to appear, and disclose upon 
 amount of the goods or credits of 
 possession or under his control, at the 
 to acknowledge that he has .sufficient 
 pond the judgment, the Court or a 
 him as for a contempt ; "and he shall 
 the plaintiff his costs if the Court or 
 (C. 97, sec. 22.) 
 
 6.-^Special Bail. 
 
 20. When the absent or absconding debtor, his agent or 
 trustee, shall desire to relieve the propert}' from the 
 attachment, he shall give such security to respond the 
 judgment, and submit to such terms as the Court or a Judge 
 shall deem right. (C. 97, sec. 28.) 
 
 (596.) 
 No trial before 
 attachment, or 
 proof of agent 
 fiaving credits. 
 
 6. — Trial and Re-hearing. 
 
 21. The plaintiff shall not proceed to the trial of his 
 cause against any absent or absconding debtor, unless the 
 defendant's real estate or goods have been attached, or until 
 the agent or trustee shall have admitted or been proved to 
 have goods or credits of such absent or absconding debtor 
 in his possession or under his control. (G. 97, sec. 24.) 
 
 (597,) 22. Where judgment has been obtained against an 
 
 heard ™tthhi absent or abscondiug debtor, the defendant shall be entitled 
 
 three years. 
 
 to a re-hearing at any time within three years, 
 sec. 25.) 
 
 7, — Forms. 
 
 (C. 97, 
 
 (598.) 
 Form of writs. 
 
 23. The Forms of writs of attachment and of summons 
 for agent in Appendix H. shall be used, with such varia' 
 tion.s as circumstances may require. 
 
CHAP. 104.] EULES — SUITS AGAINST FOREIGN COMPANIES. 923 
 
 OEDEE XLVII. order XLVII. 
 
 XT- 1-5, 
 
 SUITS AGAINST rOEBIGN COMPANIES. 
 
 1. Companies or bodies corporate, associated or incor- .(599.) 
 porated out of Nova Scotia, doing business by an agent panics doing 
 ■within this Province, may be sued for any cause of action ^|},"g^l.how 
 arising in whole or in part therein, by the name whereby ^"^• 
 they are associated or incorporated, or by the name whereby 
 
 they may be designated by the agent ; and service on 
 the agent of the writ of summons by which the action is 
 commenced, shall give the Court jurisdiction over the case; 
 and proceedings shall be had as when the writ has been 
 served on a defendant personally ; and any person so served 
 may, at any time before judgment, appear and show that 
 he is not an agent, and upon proof thereof he shall have 
 judgment against the plaintiff for his costs, unless the 
 Court or a Judge shall otherwise order. (C. 97, R. S., 4th 
 series, sec. 26.) 
 
 2. The Court or a Judge may, on sufficient cause (600.) 
 
 I 11 ,. i;j.i, i.i • L "ii-i.* Time allowed to 
 
 shown allow time tor the agent to communicate with his ^mmunioa.te 
 constituents. (C. 97, sec. 27.) ''"'' principal, 
 
 3. If judgment shall pass for the plaintiff, the agent, ^^^(^oio^ 
 whether the same agent who was served with process, or of agent uaWe 
 any other, shall be bound to respond the same out of thejua^'^t"* °* 
 assets of the company or body corporate, which then are, 
 
 or at any time afterwards may come into his hands or 
 under his control ; deducting his costs, and fair and legal 
 commission thereon, to be disclosed by the agent on oath, 
 if thereto required. (C. 97, sec. 28.) 
 
 4. After iudgment, the agent may be examined on^ (.602-.) 
 
 1 , p , J ^ ' _. ° -^ , , „ Examination of 
 
 oath berore the Court or a Judge, concerning the assets or agent after judg. 
 
 the company, or corporate body, in his hands or under his *"'"'' 
 
 control at the time of judgment, or at any time afterwards ; 
 
 and the plaintiff and his proof may be heard in explanation 
 
 or contradiction ; and such order shall be therein made as 
 
 to justice may appertain, and shall be enforced against the 
 
 agent personally, if necessary. (C. 97, sec. 29.) 
 
 5. If the plaintiff shall desire security previous to„ (*,^) .„ 
 
 • 1 J. T. L J.I. ^ j; fu -i. How plaintiff 
 
 judgment, he may at the commencement or the suit, or may obtain b^ 
 during its progress, make oath to the cause of action, and Judgment?'™* 
 proceed by attachment against the estate and effects of the 
 company, or corporate body, and by summons to disclose 
 against the agents and debtors of the company or corporate 
 bocy, or by either process, and by one or in separate and 
 several writs ; and the estate and effects attached, and also 
 the credits and effects in the bands or under the control of 
 
924 RULES — WRIT OF POSSESSION (LANDS). [pART III. 
 
 Order XLVii. the agents or debtors at the time of service, or at any time 
 
 ^^' ^' ''' afterwards, shall be available to respond the judgment to 
 
 the amount of the sum sworn to and costs, as in cases 
 under Order XLVI. ; but the plaintiff may nevertheless 
 proceed against the agent after judgment, as before directed. 
 (C. 97, sec. 30.) 
 
 ProoeSin^s ^' ^^en such Company shall have ceased to do business 
 
 where no agent, within the Province, or shall have no agent within the 
 Province, or such cannot be discovered, and shall have 
 property, real or personal, within the Province, the 
 proceedings may be taken against the Company, as 
 provided for the case of absent or absconding debtors, in 
 Order XLVI. (C. 97, sec. 31.) 
 
 (605.) 7. Nothing: in this Order contained shall prevent the 
 
 other provieions . , i i! i • i ■ j.i t c i i 
 
 not abrogated, judgment irom binding the property or a company or body- 
 corporate, or from being enforced by execution, or other- 
 wise, in such manner as may be conformable to law or to 
 these Rules in other cases. (0. 97, sec. 32.) 
 
 order XLVIII. OR^EK XLVIII. 
 
 rr. 1—4. 
 
 WRIT OF POSSESSION (LANDS). 
 
 <606.) 1. A iudgment or order that a party do recover 
 
 Writ to recover . i»ii i p ii-.p 
 
 possession of possBssion 01 any land may be entorced by writ of possession 
 '*"'*• in manner before the first day of October, A. D. 1884 used 
 
 in actions of ejectment in the Supreme Court. (E. 644.) 
 
 (607.) , 2. Where by any judgment or order any person 
 
 aftCT affidavit™^ therein named is directed to deliver up possession of any 
 lands to some other person, the person prosecuting such 
 judgment or order shall, without any order for that 
 purpose, be entitled to sue out a writ of possession on filing 
 an affidavit showing due service of such judgment or order, 
 and that the same has not been obej'ed. (E. 645.) 
 
 (608.) 3. Upon any judgment or order for the recovery of 
 
 and possession. ^ any land and costs, there may be either one writ or separate 
 
 writs of execution for the recovery of possession and for 
 
 the costs, at the election of the successful party. (E. 646.) 
 
 Effect of writ. 
 
 ■) . 4. A writ of possession shall have the effect of a 
 
 writ of assistance as well as of a writ of habere facias 
 possessionem. [0, 381.) 
 
CHAP. 104.] RULES — WRIT OF DELIVERY (CHATTELS). 925 
 
 ORDEE XLIX. Order XLIX. 
 
 rr. 1, 2. 
 
 WEIT or DBLrVBRY (CHATTELS). 
 
 1. Where it is sought to enforce a judgment or order (sio-) ^^ 
 for the recovery of any property other than land or money enforced. 
 
 by writ of delivery, the Court or a Judge may, upon the 
 application of the plaintiff, order that execution shall issue 
 for the delivery of the property, without giving the 
 defendant the option of retaining the property, upon paying 
 the value assessed, if any, and that if the property cannot 
 be found, and unless the Court or a Judge shall otherwise 
 order, the Sheriff shall distrain the defendant by all his 
 lands and chattels in the Sheriff's bailiwick, till the 
 defendant deliver the property ; or at the option of the 
 plaintiff, that the Sheriff cause to be made of the defendant's 
 goods the assessed value, if any, of the property. (E. 647.) 
 
 2. A writ of delivery shall be in one of the Forms in (en.) 
 Appendix H. ; and when a writ of delivery is issued, ^he^"™^ °"*'"'' 
 plaintiff shall, either by the same or a separate writ of 
 execution, be entitled to have made of the defendant's 
 
 goods the damages and costs awarded, and interest. 
 (E. 648.) ■ 
 
 OEDEE L. . order L. 
 
 rr. 1, 2. 
 
 1. INTEELOCUTOEY OEDEES AS TO MANDAMUS, INJUNcftoNS, OE INTERIM 
 PEESKEVATION OE PEOPEETY. 
 
 1 . When by any contract a prima facie case of liability (612.) 
 
 is established, and there is alleged as matter of defence apr^emition! "" 
 right to be relieved wholly or partially from such liability, 
 the Court or a Judge may make an order for the preser- 
 vation or interim custody of the subject-matter of the 
 litigation, or may order that the amount in dispute be 
 brought into Court or otherwise secured. (E. 657.) 
 
 2. It shall be lawful for the Court or a Judge, on the (6is.) 
 application ot any party, to make any order for the sale, able goodr"° " 
 by any person or persons named in such order, and in such 
 manner, and on such terms as the Court or Judge may 
 
 think desirable, of any goods, wares, or merchandize which 
 may be of a perishable nature or likely to injure from 
 keeping, or which for any other just and sufficient reason 
 it may be desirable to have sold at once. (E. 658.) 
 
926 RULES— INTERLOCUTORY ORDfiRS) ETC. [pART lit. 
 
 Order L. 3. It shall be lawful for the Court or a Judge, upon 
 
 — Hl^Ii the application of any party to a cause or matter, and 
 
 (6u.) upon such terms as may be just, to make any order for 
 vation or Sspeo- ^^^ detention, preservation, or inspection of any property 
 tion- or thing, being the subject of such cause or matter, or as 
 
 to which any question may arise therein, and for all or any 
 of the purposes aforesaid to authorize any person to enter 
 Entry on lands, upon Or into any land or building in the possession of any 
 party to such cause or matter, and for all or any of the 
 Samples. purposcs aforesaid to authorize any samples to be taken, 
 
 Experiment. or any observation to be made or experiment to be tried, 
 which may be necessary or expedient for the purpose of 
 obtaining full information or evidence. (E. 659.) 
 (616.) 4. It shall be lawful for any Judge, by whom any 
 
 Judge" '°° cause or matter may be heard or tried, with or without a 
 jury, or befoi'e whom any cause or matter may be brought 
 by way of appeal, to inspect any property or thing con- 
 cerning which any question maj' arise therein. (E. 660.) 
 (616.) 5> The provisions of Rule 3 of this Order shall apply 
 
 ^nspeo ion y ^^ inspection by a jury, and in such case the Court or a 
 Judge may make all such orders upon the Sheriff or other 
 person as may be necessary to procure the attendance of 
 a .special or common jury at such time and place, and in 
 such manner as they or he may think fit. (E. 661.) 
 (617.) 6. An application for an order under section 13, sub' 
 
 mandamus" im Section (7), of the Act, or under Rules 2 or 3 of this Order, 
 Junction, &c. ^^y ^g made to the Court or a Judge by any party. If 
 the application be by the plaintiff for an order under the 
 said sub-section (7j it may be made either ecc parte or with 
 notice, and if for an order under Rules 2 or 3 of this 
 Order it may 'be made after notice to the defendant, at any 
 time after the issue of the writ of summons, and if it be 
 by any other party, then on notice to the plaintiff, and at 
 any time after appearance by the party making the 
 application. (E. 662.) 
 (618.) 7. Ah application' for an order under Rule 1 of this 
 
 ord^rforTreser- Order may be made by the plaintiff at any time after his 
 peity" °' ''™" right thereto appears from the pleadings ; or, if there be no 
 pleadings, is made to appear by affidavit or otherwise to 
 the satisfaction of the Court or a Judge. (E. 663.) 
 (619.) 8. Where an action is brought to recover, or a defendant 
 
 Amount of hen • i • i i- i i i. , . 
 
 claimed may be in his defence sceks by way of counter-claim to recover 
 paid into Court, gpecific property other than land, and the party from whom 
 such recovery is sought does not dispute the title of the 
 party seeking to recover the same, but claims to retain the 
 property by virtue of a lien or otherwise as security for 
 any sum of money, the Court or a Judge may, at any 
 time after such last^mentioned claim appears from the 
 
CSAt. 104] tlULES— iNTEELOCtfToRY OtltoERS, ETC. 927 
 
 pleadings, or, if there be no pleadings, by affidavit or Order L. 
 otherwise to the satisfaction of such Court or Judge, order rr- 9— 14- „ 
 that the party claiming to recover the property be at 
 liberty to pay into Court, to abide the event of the action, 
 the amount of money in respect of which the lien or 
 security is claimed, and such further sum (if any) for 
 interest and costs as such Court or Judge may direct, and 
 that, upon such payment into Court being made, the 
 property claimed be given up to the party claiming it. 
 (E. 664.) 
 
 9. Where any real or personal estate forms the subject (eso.) 
 of any proceedings, and the Court or a Judge is satisfied appropriateci. 
 that the same will be more than sufficient to answer all 
 
 the claims thereon which ought to be provided for in such 
 proceedings, the Court or Judge may at any time after the 
 commencement of the proceedings, allow to the parties 
 interested therein, or any one or more of them, the whole 
 or part of the annual income of the real estate or a part 
 of the personal estate, or the whole or part of the income 
 thereof, up to such time as the Judge shall direct. (E. 665.) 
 
 10. Whenever in an action for the administration of ^^Tt 
 the estate of a deceased person, or execution of the trusts under ^ii, so. ' 
 of a written instrument, a sale is ordered of any property 
 
 vested in any executor, administrator, or trustee, the con- 
 duct of such sale shall be given to such executor, adminis- 
 trator, or trustee, unless the Court or a Judge shall 
 otherwise direct. (E. 666.) 
 
 11. No writ of ininnction shall be issued. An^^ (^22) 
 
 . • . 1 1 1 1 1 • 1 No writ of in- 
 
 injunction shall be by a judgment or order, and any such junction, 
 judgment or order shall have the effect which a writ of 
 injunction heretofore had. (E. 667.) 
 
 12. In any cause or matter in which an injunction has„ , (?^-) 
 
 . , "^ , , I'll 1 • • a' 1 n Restraining re» 
 
 been, or might have been claimed, the plaintm may, berore petition of 
 or after judgment, apply for an injunction to restrain the ^""^'"' *°* 
 defendant or respondent from the repetition or continuance 
 of the wrongful act or breach of contract complained of, 
 or from the commission of any injury or breach of contract 
 of a like kind relating to the same property or right, or 
 arising out of the same contract; and the Court or a Judge 
 may grant the injunction, either upon or without terms, as 
 may be just. (E. 668.) 
 
 13. Leave to compound a penal action shall not be (624.) 
 
 1 i. r ii ^L X i.1- Leave to com* 
 
 given in cases where any part or the penalty goes to the pound penal 
 Crown, unless notice shall first have been given to the*''*'™' 
 proper officer; but in other cases it may be given without 
 notice to any officer. (E. 669.) 
 
 14. The order to compound a penal action shall qj^^/^^^^^,, 
 e.^pressly state that the defendant undertakes to pay the poh°<i P™ai 
 
928 
 
 RULES — EECEIVERS. 
 
 [part III. 
 
 Order L. g^jj fgr which the Court has given him leave to compound 
 "- ^^"- the action. (E. 670.) 
 
 (626.) 15. When leave is given to compound a penal action, 
 
 penalty™'™" where part of the penalty goes to the Crown, the Queen's 
 half of the composition shall be applied as the penalty 
 would have been, if enforced. (E. 671.) 
 
 -RECEIVERS. 
 
 (627.) 
 Security by 
 
 Allowance. 
 Form of security. 
 
 Adjournment to 
 chambers. 
 
 (629.) 
 Regulations a 
 to receivers' 
 accounts. 
 
 Penalty for 
 neglect. 
 
 Form of 
 accounts, 
 
 16. Where an order is made directing a receiver to be 
 appointed, unless otherwise ordered, the person to be 
 appointed shall first give security, to be allowed by the 
 Court or a Judge and taken before a person authorized to 
 administer oaths, duly to account for what he .shall receive 
 as such receiver, and to pay the same as the Court or Judge 
 shall direct; and the person so to be appointed shall, unless 
 otherwise ordered, be allowed a proper salary or allowance. 
 Such secuiity shall be by recognizance in the Form No. 19 
 in Appendix L., unless the Court or a Judge shall other- 
 wise order. (E. 672.) 
 
 17. Where any judgment or order is pronounced or 
 made in Court, appointing a person therein named to be 
 receiver, the Court or a Judge may adjourn to Chambers 
 the cause or matter then pending, in order that the person 
 named as receiver may give security as in the last preced- 
 ing Hule mentioned, and may thereupon direct such judg- 
 ment or order to be drawn up. (E. 673.) 
 
 18. When a receiver is appointed with a direction that 
 he shall pass accounts, the Court or Judge shall fix the days 
 upon which he shall (annually, or at longer or shorter 
 periods,) file and pass such accounts, and also the days 
 upon which he shall pay the balances appearing due on the 
 accounts so filed, or such part thereof as shall be certified 
 as proper to be paid by him. And with respect to any 
 such receiver as shall neglect to file and pass his accounts 
 and pay the balances thereof at the time so to be fixed for 
 that purpose as aforesaid, the Judge before whom any such 
 receiver is to account, or the Judge who shall have 
 cognizance of the matter for the time being, may, from time 
 to time, when his subsequent accounts are produced to be 
 examined and passed, disallow the salary therein claimed 
 by such receiver, and may also, if he shall think fit, charge 
 him with interest at the rate of seven per cent, per annum 
 upon the balances so neglected to be paid by him during 
 the time the same shall appear to have remained in the 
 hands of any such receiver. (E. 674.) 
 
 19. Receivers' accounts shall be in the Form No. 13, 
 in Appendix L., with such variations as circumstances may 
 require. (675.) 
 
CHAP. 104.] EULES — LIQUIDATORS. 929 
 
 20. Every receiver shall file his account, tojjether with Order l. 
 an affidavit verif3'ing the same in the Form No. 20, in _gfi_20-23. _ 
 Appendix L., with such variations as circumstances may (63i.) 
 require. Ah appointment shall thereupon be obtained by aoooMts"' 
 the plaintiff, or person having the conduct of the cause, for 
 
 the purpose of passing such account. (E. 676.) 
 
 21. In case of any -receiver failing to file an}' account or (632.) 
 affidavit, or to pass such account, or to make any payment, default, 
 or otherwise, the receiver or the parties, or any of them, 
 
 may be required to attend at Chambers to .show cause why 
 such account or affidavit has not been filed, or such account 
 passed, or such payment made, or any other proper pro- 
 ceeding taken, and thereupon such directions as shall be 
 proper may be given at Chambers, or by adjournment 
 into Court, including the discharge of any receiver and 
 appointment of another, and payment of costs. (E. 677.) 
 
 22. When a receivership has been completed, the book„ ^^^■). . 
 containing the accounts shall be deposited in the Pro- dsposit of, ' 
 thonotary's office. (E. 678.) 
 
 -LIQUIDATORS. 
 
 verified in the same manner as is by this Order directed counts, 
 
 23. The accounts of liquidators shall be passed and Liquidator's ao 
 
 as to receivers' accounts. (E. 679.) 
 
 ORDER LI. Order LI. 
 
 r. 1. 
 
 SALES BY THB OOUBT. 
 
 1. — Lunatics' and Infants' Estates. 
 
 1. Lunatics and persons non compotes mentis, and proceSmasto 
 infants seised of real estate, or entitled to any term of real estate of 
 years in lands, may by their next friends or guardians &o,* '"*' " * ' 
 petition the Court for an order to sell or di.spose of such 
 property, and the Court or a Judge may proceed in a 
 summary manner, on affidavits to inquire into the merits 
 of the 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 mentis, 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 
 60 
 
930 RULES — SALES BY THE COURT. [PART III. 
 
 Order LI. disposal, on account of any part of his said property being 
 '■ '■ — exposed to waste or dilapidation, or being wholly unpro- 
 ductive, or for any other reasonable cause ; the Court or a 
 Judge may, on the filing of a bond by such guardian or 
 next friend, or other person appointed by the Court or 
 Judge, 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 po.ssessory or 
 reversionary, by such guardian or next friend, or person 
 appointed by the Court or Judge, 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 
 lunatic or person non compos mentis, or his infant children, 
 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 (E. A. 50.) 
 
 Effec/ororder ^' "^^^ sales, leases, mortgages, or conveyances made in 
 
 good faith by anj' guardian or next friend, in pursuance of 
 such order, shall be as efi'ectual 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 
 
 Nature of con- conveyance to recite any part of the proceedinsrs, but 
 the' same shall briefly refer to the order and the sale, 
 leasing, or other disposal of such propeity. The party 
 
 Report filed. making the sale shall file a report thereof with the 
 Prothonotary of the county in which the lands are situate. 
 (E. A. 60.) 
 
 (637.) 3. Upon any order for the sale of any property beina 
 
 Proceeds of sale j c -jii,/-! i ti •'ii./ p 
 
 under order.how made as aioresaid, the Court or Judge may make such 
 disposed of. order for the investment, disposal and application of the 
 proceeds of such properly, and of the increase and interest 
 arising therefrom, as shall secure the same for the benefi.t 
 of the lunatic or person non compos mentis or his infant 
 children, or of the infant. (E. A. 61.) 
 
 Effec/ofslie. 4. No Sale made as aforesaid shall give to any such 
 
 lunatic or person non compos m,entis or infant any other 
 or greater interest or estate in the proceeds of such sale 
 than he had in the estate so sold. (E. A. 62.) 
 
 (639.) 5. Every conveyance made under the above provisions, 
 
 anc'e':'°''°"'''^' and registered in the county where the lands lie, shall be 
 taken as presumptive evidence that all the' proceedings on 
 which the same is founded were rightly had. (E. A. 63.) 
 
CHAP. 104] RULES— SALES BY TfiE OOtJRT. 931 
 
 2.— Generally. rffr^n 
 
 6. If in any cause or matter relating to any real estate, (64o.) 
 
 in respect of which the Court has power to order a sale, orde/sa^Tf^reai 
 
 it shall appear necessary or expedient that the real estate ^***'^ 
 
 or any part thereof should be sold, the Court or a Judge 
 
 may order the same to be sold, and any party bound by 
 
 the order and in possession of the estate, or in receipt of 
 
 the rents and profits thereof, shall be compelled to deliver 
 
 up such possession or receipt to the purchaser, or such 
 
 other person as may be thereby directed. (E. 680.) 
 
 7. Before any estate or interest shall be put up for . (wi- 
 sale under a judgment or order, a certificate or abstract of ferred°to cotm^ 
 the title shall, unless otherwise ordered, be laid before the^'^'' 
 
 Court or Judge to enable proper directions to be given 
 respecting the conditions of sale, and other matters 
 connected with the sale, and the same may be referred to 
 counsel, approved by the Court or Judge, for his opinion 
 thereon. (E. 681.) 
 
 8. Where a judgment or order is given or made, v ^ *^?*^) 
 
 1-1 • r^ i_'/->i 1 T . ' Judge to approve 
 
 whether in Oourt or in Chambers, directing an v property sale; and aUpar- 
 to be sold tlnJess otherwise ordered, the same shall be sold, *'^^ *° ^°'"" 
 with the approbation of the Court or a Judge, to the best 
 purchaser that can be got, the same to be allowed by the 
 Judge, and all proper parties shall join in the sale and 
 conveyance as the Judge shall direct. (EX 682.) 
 
 9. Afiidavits for the purpose of enabling the Judge to (643.) 
 fix reserved biddings shall state the value of the property vaTut:"*^ "^ *° 
 by reference to an exhibit containing such value, so that 
 
 the value may not be disclosed by the affidavit when filed. 
 (E. 683.) 
 
 3.— Foreclosure. 
 
 10. If, in any foreclosure suit, the sale of the mortgaged . . '-^^'^^ . 
 property shall be sought by a subsequent mortgagee or gaged property, 
 encumbrancer, or by the mortgagor, or by any persons ^''behaif°of sub* 
 claiming under them respectively, the Court or Judge shall ^^1^™^^ ™™°^" 
 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 or Judge may think fit and 
 proper, which terms may include the deposit of money in 
 Court. (E. A. 40.) 
 
 11. In a suit for foreclosure or sale, upon payment by . (ws.) 
 the defendant, or in a suit for redemption, on payment by proirerty™nd de- 
 the plaintiff, or payment of the amount found due, the^™Ys.°' '*'"" 
 plaintiff or defendant shall, unless the Court or a Judge 
 otherwise directs, assign and convex' the mortgaged 
 premises in question to the defendant (or plaintiff, as the 
 
932 RULES — MOTIONS AND OTHER APPLICATIONS. [PART III. 
 
 Order LI. case may be) making the payment, or to whom he may 
 
 '■-•^2- appoint, free and clear of all encumbrances done by him, 
 
 and deliver up all deeds and writings in his custody or 
 power, relating thereto, upon oath, and in case of a 
 corporation the affidavit shall be made by the officer thereof 
 having the custody of such deeds and writings. (0. 336.) 
 Property^' in ad- ^^ Whenever any real estate, bound by a judgment 
 joining counties, or mortgage, is situate in adjoining counties, with the 
 county line running through the same, the Sheriff of either 
 of said counties may sell the whole property under order 
 of foreclosure and sale, or under execution issued on a 
 judgment duly recorded in both counties, but subject to 
 such terms and conditions as to the Court or a Judge may 
 seem just. (0. 13 of IUSO, sec. 22.) 
 
 Order LiL ORBEE LII. 
 
 rr. 1—4. 
 
 " " MOTICWS AND OTHER APPLICATIONS. 
 
 (6«.) 1. Where by these Rules any application is authorized 
 
 Court or Judge to be made to the Court or a Judge, such application, if 
 
 tocourttobebyj^^jg to the Court, or to a Judge in Court, shall be made 
 
 by motion. (E 69G.) 
 
 (648.) 2. No motion or application for a rule nisi or order to 
 
 certain cases, show causc shall hereafter be made in any action, or (a) to 
 
 set aside, remit, or enforce an award, or (b) for attachment, 
 
 or (c) to answer the matters in an affidavit, or (d) to strike 
 
 off' the rolls, or (e) against a Sheriff to pay money levied 
 
 under an execution. (E. 697.) 
 
 (64*.) 3. Except where according to the practice existing on 
 
 Notice of motion ^jjg nineteenth day of April, A. D. 1884, any order or rule 
 
 might be made absolute ex parte in the first instance, and 
 
 except where notwithstanding Rule 2 a motion or applica-^ 
 
 tion may be made for an order to shew cause only, no 
 
 motion shall be made without previous notice to the 
 
 Notice dispensed parties affected thereby. But the Court or a Judge, if 
 
 fl^th In certain gg^j^jggg^j that the delay caused by proceeding in the ordinary 
 
 way would or might entail irreparable or serious mischief, 
 
 may make any order ex parte upon such terms as to costs 
 
 or otherwise and subject to such undertaking, if any, as the 
 
 Court or Judge may think just ; and any party affected by 
 
 such order may move to .set it aside or to vary it. fE. 698.) 
 
 Contentl°'lf no- ^' '^^^'^^ notice of motion to set aside, remit, or 
 
 tice Tn%Vta?n enforce an award, or for attachment, or to strike off the 
 
 uaaes. j.Qjjg^ g]^^j| gf^(_g jjj general terms the grounds of the 
 
 Affidavits. application ; and, where any such motion is founded on 
 
 evidence by affidavit, a copy of any affidavit intended 
 
CHAP. 104.] RULES — MOTIONS AND OTHER APPLICATIONS. 933 
 
 to be used shall be served with the notice of motion. Order lil 
 (E. 699.) ". s-ii. 
 
 5. Unless the Court or a Judge give special leave to Lenfrt&iotiee 
 the contrary there must be at least two clear days between 
 
 the service of a notice of motion and the daj' named in the 
 notice for hearing the motion; provided that in applications 
 to answer the matters in an aiEdavit, or to strike off the 
 rolls, the notice of motion shall be served on the parties 
 not less than ten clear days before the time fixed by the 
 notice for making the motion. (E. 700.) 
 
 6. If on the hearing of a motion or other application jj^y^^^^^^^ 
 the Court or a Judge shall be of opinion that any person served on°aii 
 to whom notice has not been given ought to have or to P^P^r parties. 
 have had such notice, the Court or Judge may either 
 dismiss the motion or application, or adjourn the hearing 
 thereof, in order that such notice may be given, upon such 
 
 terms, if any, as the Court or Judge may think fit to 
 impose. (E. 701.) 
 
 7. The hearing of any motion or application may from (e^a) 
 time to time be adjourned upon such terms, if any, as the J"""'"^'- 
 Court or Judge shall think fit. (E. 702.) 
 
 8. The plaintiff shall, without any special leave, beat (664.) 
 liberty to serve any notice of motion or other notice or any feaTanl^who has 
 petition or summons upon any defendant, who, having been not appeared. 
 duly served with a writ of summons to appear, has not 
 appeared within the time limited for that purpose. 
 
 (E. 703.) 
 
 9. The plaintiff may, by leave of the Court or a Judge (ess.) 
 
 to be obtained ex parte, serve any notice of motion upon wrft.'^or before 
 any defendant along with the writ of summons or at any*™f'°''^PP^^'- 
 time after service of the writ of .summons and before the 
 time limited for the appearance of such defendant. (E. 704.) 
 
 10. No order shall issue for the return of any writ, or (ese.) 
 order, or to bring in the body of a person ordered to be turn of writ^ '^ 
 attached, arrested or committed ; but a notice from the 
 
 person is.suing the writ, or obtaining the order for attach- 
 ment, arrest, replevin, or committal (if not represented 
 by a solicitor), or by his solicitor, calling upon the Sheriff 
 to return such writ, or order, or to bring in the body within 
 a given time, if not complied with, shall entitle such person 
 to applv for an order for the committal of such Sheriff. 
 (E. 706.) 
 
 11. When any Sheriff shall, before going oat of office, (es7.) 
 
 . liiij J i. a • 1. Notice on retired 
 
 arrest any defendant, and render return or eepi corpns, he sheriff. 
 may be called upon by a notice, as provided by the last 
 preceding Rule to bring in the body within the time 
 
984 
 
 EULES — MOTIONS AND OTHER APPLICATIONS. [PART III. 
 
 Order LIT. 
 rr. 12—16. 
 
 (668.) 
 Date of order 
 
 (659.) 
 Certain orders 
 need not be 
 draws up. 
 
 allowed by law, although be may be out of ofSce before 
 such notice is given. (E. 707.) 
 
 12. Every order, if and when drawn up, shall be dated 
 the day of the week, month, and year, on which the same 
 was made, unless the Court or a Judge shall otherwise 
 direct, and shaH take effect accordingly. (E. 708.) 
 
 13. Where an order has been made not embodying any 
 special terms, nor including any special directions, but 
 simply enlarging time for taking any proceeding or doing 
 any act or giving leave (a) for the issue of any writ 
 other than a writ of attachment, (h) for the amendment of 
 any writ or pleadings, (c) for the filing of any document, or 
 (d) for any act to be done by an officer of the Court other 
 than a solicitor, it shall not be necessary to draw up such 
 order, unless the Court or a Judge shall otherwise direct ; 
 but the production of a note or memorandum of such order, 
 signed by a Judge or Prothonotary, shall be sufficient 
 authority for such enlargement of time, issue, amendment, 
 filing, or other act. A direction that the costs of such order 
 shall be costs in any cause or matter shall not be deemed a 
 special direction within the meaning of this Rule. The 
 solicitor of the person on whose application such order is 
 made, shall forthwith give notice in writing thereof to such . 
 person (if any) as would, if this Rule had not been made, 
 have been required to be served with such order. (E. 709.) 
 
 14. At the foot of every petition (not being a petition 
 of course) presented to the Court, and of every copy 
 thereof, a statement shall be made of the persons, if any, 
 
 •intended to be served therewith, and if no person is 
 intended to be served, a statement to that effect shall be 
 made at the foot of the petition and of every copy thereof. 
 (E. 711.) 
 
 (661.) 15. Unless the Court or a Judge gives leave to the 
 
 a'petitton.**™^ contrary, there must be at least two clear days between the 
 service and the day appointed for hearing a petition. 
 (E. 712.) 
 
 (662.) 16. In the case of applications under Acts directing 
 
 mwe^inCourt the purchase money of any property sold to be paid into 
 Court, any person claiming to be entitled to the money so 
 paid in must make an affidavit not only verifying their 
 title, but also stating that they are not aware of any right 
 in any other person, or of any claim made by any other 
 person, to the sum claimed, or to any part thereof, oc, if 
 the petitioners are aware of any such right or claim, they 
 must in such affidavit state or refer to and except the 
 same. (E. 713.) 
 
 (660.) 
 Statement of 
 pei-sons to be 
 served with 
 petition. 
 
CHAP. 104.] EULES — ACTION OF MANDAMUS. 935 
 
 OKDEE LIII. Order XIII. 
 
 XT. 1-9. 
 
 I. — ACTION OF MANDAMUS. 
 
 1. The plaintiff, in any action in which he shall claim jj^j,^^^^;;^^^ ^^ 
 a mandamus to command the defendant to fulfil any duty, aiaimed on writ 
 in the fulfilment of which the plaintiff is personally 
 interested, shall indorse such claim upon the writ of 
 summons. (E. 719.) 
 
 2. The indorsement shall he in the Form given in „ ("ff '. 
 Section 4 of Appendix A., Part III. (E. 720.) ment. 
 
 3. If judgment be given for the plaintiff the Court or ^^^.^^^^^-^^^^ 
 Judge may by the judgment command the defendant 
 
 either forthwith, or on the . expiration of such time and 
 upon such terms as may appear to the Court or a Judge to 
 be just, to perform the duty in question. The Court or a 
 Judge maj'^ also extend the time for the performance of the 
 duty. (E. 721.) 
 
 4. No writ of mandamus shall hereafter be issued in juagl^ent'oror- 
 an action, but a mandamus shall be by iudgment or order, der instead of 
 
 which shall have 'the same effect as a writ of mandamus mus. 
 heretofore had. (E. 722.) 
 
 2. — PEEEOGATIVE MANDAMUS. 
 
 0. Application for a prerogative writ of mandamus i^-) 
 shall be made to the Court according to the practice prerogative wnT 
 heretofore in use. (E. 723.) 
 
 6. The Court or a Judge may, if thej- or he think fit'wntmaybeper- 
 order that any writ of mandamus shall be peremptory in emptory. 
 
 the first instance. (E. 724.) 
 
 7. Every writ of mandamus shall bear date on the (669.) 
 day when it is issued. The writ may be made returnable Fonn of writ, 
 forthwith, or time may be allowed to return it, either with 
 
 or without terms, as the Court thinks fit. A writ of 
 mandamus shall be in the Form in Appendix J., with-such 
 variations as circumstances may require. (E. 725.) 
 
 8. Any person by law compellable to make any return . (67o.) 
 to a writ of mandamus shall make his return to the first turnabil" 
 writ. (E. 726.) 
 
 9. When any return is made to a writ of mandamus, (en.) 
 other than an unconditional compliance therewith, the proceedings" on 
 applicant may plead to the return within such time and in™*°'^*™"=' 
 like manner as if the return were a statement of defence 
 delivered in an action ; and, subject to those Rules, this 
 pleading and all subsequent proceedings, including pleadings. 
 
936 RULES — PKEBOGATIVE MANDAMUS. [PART III. 
 
 Order Liii. trial, judgment, and execution, shall proceed and may be 
 rr. 10-15. bad and taken as if in an action. (E. 727.) 
 
 (672.) 10. Where a point of law is raised in answer to a 
 
 S'sed.°' '*" return or any other pleading in mandamns, and there is no 
 issue of fact to be decided, the Court shall, on the argument 
 of the point of law, give judgment for the successful party, 
 without any motion for judgment being made or required. 
 (E. 728.) 
 
 ^673.) ^^^ 11. Where, under Rul&s 9 and 10, the applicant 
 
 to "Sce'iucig- obtains judgment, he shall' be entitled forthwith to a 
 
 '°™'' ' peremptory writ of mandamus to enforce the command 
 
 contained in the original writ, and the judgment shall 
 
 direct that a peremptory writ do issue. (E. 729.) 
 
 (674.) 12. No action or proceeding shall be commenced or 
 
 Indemnity. prosecuted against any person in respect of anything done 
 in obedience to a writ of mandamus issued by the Court or 
 any Judge thereof. (E. 730.) 
 
 (675.) 13. When it appears to the Court that the respondent 
 
 teSed'toLTO claims no right or interest in the subject-matter of the 
 ^™^!J^°' P™' application, or that his functions are merely ministerial, 
 the return to the writ, and all subsequent proceedings 
 down to judgment, shall still be made and proceed in the 
 name of the person to whom the writ is directed, but if the 
 Court thinks fit so to order, may be expressed to be made 
 on behalf of the persons really interested therein. In that 
 case the persons interested shall be permitted to frame the 
 return and conduct the subsequent proceedings at their 
 own expense ; and if judgment is given for or against the 
 applicant it shall likewise be given for or against the 
 persons in whose behalf the return is expressed to be made ; 
 and if judgment is given for them, they shall have the 
 same remedies for enforcing it as the person to whom the 
 writ IS directed wouid have in other cases. (E. 731.) 
 
 (676.) 14. Where, under the last preceding Rule, the return 
 
 No abatement by , -t. e j • jj.? j i_i_ij! 
 
 ■death, &o. to a Writ 01 mandamus is expressed to be made on behalf 
 of some person other than the person to whom the writ is 
 directed, the proceedings on the writ shall not abate by 
 reason of the death, resignation, or removal from office of 
 that person, but they may be continued and carried on in 
 his name ; and if a peremptory writ is awarded, it shall be 
 directed to the successor in office or right of that person. 
 (E. 732.) 
 
 .(677.) 15. The provisions of Order XL., Rule 24, shall apply 
 
 oe^rtain^Ruies. ° to mandamus, and also the provisions of the following 
 orders, namely : 
 
CHAP. 104.] RULES — PROCEEDINGS AT CHAMBERS. 937 
 
 (a.) Order XXVIII., (Amendments.) order uii. 
 
 (I.) Order XXXIII., (Special case.) ''-^- 
 
 (c.) Order XXXVI, (AiBdavits.) 
 
 (d.) Order LII., (Motions.) 
 
 (e.) Order LVII., (Appeals.) 
 
 (f.) Order LX., (Time.) 
 
 (q.) Order LXIII.. (Costs.) 
 
 (h.) Order LXIV., (Notices, &o) 
 
 (i.) Order LXVIII., (Non-compliance.) 
 In any case of mandamus, in which a proceeding by 
 way of interpleader may be proper, the provisions of Order 
 LVI. shall be applicable, so far as the nature of the case 
 will admit. (E. 733.) 
 
 OEDEE LIV. „^ ,„ 
 
 Order LIV. 
 
 APPLICATIONS AND PROCEEDINGS AT CHAMBERS. rr. 1—6. 
 
 1. Every application at Chambers not made ex parte, ^^^^^^^^^^^^^^ 
 or on notice, shall be made by summons. (E. 734.) by notice or sum- 
 
 2. Every application for payment or transfer out of„_,.<6™-) ,. 
 
 J a J i.1, T i- - Certain apphoa- 
 
 Court made ex parte, and every other appncation maae eastions to be by 
 parte in which the Judge or proper officer shall think fiti^™™°"=- 
 so to require, shall be made by summons. (E. 73.5.) 
 
 3. Summonses shall not be altered after they are sealed (eso) 
 except upon application at Chambers. (E. 736.) summons. 
 
 4. An oiiginating summons, where service is necessary, (68i.) 
 shall be served seven clear days before the return thereof. at^gfummoM" 
 Every other summons shall be served two clear days 
 
 before the return thereof, unless in any case it shall be 
 otherwise ordered. (E. 737.) 
 
 5. Where any of the parties to a summons fail to (682.) 
 attend, whether upon the return of the summons, or atmraed%amng 
 any time appointed for the consideration or fuither*" **'™''- 
 consideration of the matter, the Judge may proceed ex 
 
 parte, if, considering the nature of the case, he think it 
 expedient so to do; no affidavit of non-attendance shall 
 be required or allowed, but the Judge may require such 
 evidence of service as he may think just. (E. 738.) 
 
 6. Where the Judge has proceeded ex parte, such (ess.) 
 proceeding shall not in any manner be reconsidered in re^openrf! '" ''* 
 Chambers, unless the Judge shall be satisfied that the 
 
 party failing to attend was not guilty of wilful delay or 
 negligence ; and in such case the costs occasioned by his 
 non-attendance shall be in the discretion of the Judge, 
 who may fix the same at the time, and direct them to be 
 
Order LIV. 
 tl. 7-14. 
 
 (684.) 
 Costs. 
 
 9^8 RULES — PEOCEEDINGS AT CHAMBERS. [PART III. 
 
 paid by the party or his solicitor before he shall be 
 -permitted to have such proceeding reconsidered, or make 
 such other order as to such costs as he may think just. 
 (E. 739.) 
 
 7. Where a proceeding in Chambers fails by reason 
 of the non-attendance of any party, and the Judge does 
 not think it expedient to proceed ex parte, the Judge may 
 order such an amount of costs (if any) as he shall think 
 reasonable to be paid to the party attending by the absent 
 party or by his solicitor personally. (E. 740.) 
 (685.) 8 Where matters in respect of which summonses have 
 
 Matters not dis- , ., t ^ p 
 
 posed of. been issued are not disposed of upon the return of the 
 
 summons, the parties shall attend from time to time 
 "without further summons, at such time or times as may 
 be appointed for the consideration or further consideration 
 of the matter. (E. 741.) 
 (686.) 9. In every cause or matter where any party thereto 
 
 More than one -i t j.* i. /^i, t_ 'i.!, u c 
 
 matter included, makes any application at (Jhambers, either by way of 
 summons or otherwise, he shall be at liberty to include in 
 one and the same application all matter.« upon which he 
 then desires the order or directions of the Court or Judge ; 
 and upon the hearing of such application it shall be lawful 
 for the Court or Judge to make any order and give any 
 directions relative to or consequential on the matter of 
 
 Adjournment in- such application as may be just ; any such application may, 
 
 Court*"'* iromjj jgemed fit, be adjourned from Chambers into Court, or 
 from Court into Chambers. (E. 742.) 
 (687.) 10. A summons other than an originating summons 
 
 mo™. ° ^"™'shall be in the Form No. 1 in Appendix K., With such 
 
 variations as circumstances may require, and shall be 
 
 addressed to all the persons on whom it is to be served. 
 
 (E. 743.) 
 
 (688.) 11. In all cases of applications originating in Chambers, 
 
 ow issu . ^ summons shall be prepared by the applicant or his 
 
 solicitor, and shall be sealed by the Prothonotary, and 
 
 when so sealed shall be deemed to be issued. The person 
 
 obtaining a summons shall leave at the Prothonotary's 
 
 office a copy thereof, which shall be filed. (E. 744.) 
 
 (689) 12. The appeal from the decision of a Judge at 
 
 juigeatch^- Chambers shall be to the Court. 
 
 hers. 
 
 (690.) 13. Each summons shall, when issued, be entered by 
 
 monses.'™" the propcr officer in a list. (E. 760.) 
 
 (691.) 14. The summonses in the list for hearing by a Judwe 
 
 ness. ° "'' .shall be called on in their order. If when a summons 
 
 is called on neither party appears, the summons shall be 
 
 passed over until the list has been gone through. The 
 
 summonses passed over shall then be called on a second 
 
CHAP. 104.] RUTiES — CHAMBERS, CHANCERY MATTERS. 989 
 
 time in their order. If neither party appears to a summons Order LIV. 
 
 so called on it shall be struck out. (E. 761.) ^- ^^- 
 
 15. An order shall be in the Form No. 2 in Appendix (692.) 
 K., with such variations as cii'cumstances require. It shall '^°"" °' °''^^''' 
 be marked with the name of the Judge by whom it is 
 made. (E. 762.) 
 
 ORDEE LV. Order LV, 
 
 r 1. 
 
 CHAMBBES IN RELATION TO CHANCERY (OS EQUITY) MATTERS. ' 
 
 i.— General. 
 
 1. The business to be disposed of in Chambers shall ^.jj^j^^g^^^ii be 
 include the following matters, in addition to the matters done at cham. 
 
 bers 
 
 ■which under any other Rule or by statute may be disposed 
 of in Chambers : 
 
 (1.) Applications for payment or transfer to any Payment out un- 
 
 ^' ^ '^ « 1 •!_• L T /der 3udgment 
 
 person or any cash or securities standing to deoianugr rfghta. 
 * the credit of any cause or matter where 
 
 there has been a judgment or order declaring 
 the rights or where the title depends only 
 upon proof of the identity or the birth, 
 marriage, or death of any person ; 
 
 (2.) Applications for payment or transfer to any p^'J'™* j^"^* 
 person of any cash or securities standing to under siooo. 
 the credit of any cause or matter where the 
 cash does not exceed $4000 or the securities 
 do not exceed $4000 nominal value ; 
 
 (3.) Applications for payment to any person of the JS™* °' **'"' 
 dividend or interest on any securities standing 
 to the credit of any cause or matter, whether 
 to a separate account or otherwise; 
 
 (4.) Applications as to guardianship and maintenance Guardianship ot 
 or advancement of infants ; 
 
 (5.) Applications connected with the management of ^"Pf^^f "*"• 
 property ; 
 
 (6.) Applications for or relating to the sale by auction Saiea. 
 or private contract of property, and as to the 
 manner in which the sale is to be conducted, 
 and for payment into Court and investment 
 of the purchase money ; 
 
 (7.) Applications for orders on the further consider- insolvent and in- 
 ation of any cause or matter where the order 
 to be made is for the distribution of assets of 
 a debtor, or for the distribution of the estate 
 of an intestate, or for the distributioq of a 
 fund among creditors or debenture holders ; 
 
940 RULES— CHAMBERS, CHANCERY MATTERS, [PART III. 
 
 Order LV. (8.) Applications for time to plead, for leave to amend 
 
 — "' ^~^' — pleadings, for discovery and production of 
 
 covwi^^li. *"'' documents, and generally all applications 
 
 relating to the conduct of any cause or matter ; 
 other matters. ^9^ Such Other matters as may be deemed proper to 
 
 be disposed of at Chambers. (E. 764.) 
 
 3. — Administrations and Trusts. 
 
 (694.) 2. The executors or administrators of a deceased person 
 
 tions'to be^'set-or auy of them, and the trustees under deed or instrument 
 ministration. *^*^i" ^°y °f them, and any person claiming to be interested 
 in the relief sought as creditor, devisee, legatee, next of 
 kin, or heir-at-law of a deceased person, or as cestui que 
 trust under the trust of any deed or instrument, or as 
 claiming by assignment, or otherwise, under any such 
 creditor or other person as aforesaid, may take out, as of 
 course, an originating summons returnable in Chambers 
 for such relief of the nature or kind following, as may by 
 the summons be specified, and as the circumstance^ of the 
 case may require, (that is to say) the determination, 
 without an administration of the estate or trust, of any of 
 the following questions or matters : — - 
 
 (a.) Any question affecting the rights or interests of 
 
 the person claiming to be creditor, devisee, 
 
 legatee, next of kin, or heir-at-law, or cestui 
 
 que trust ; 
 
 (b.) The ascertainment of any class of creditors, 
 
 legatees, devisees, next of kin, or others ; 
 (c.) The furnishing of any particular accounts by the 
 executors or administrators or trustees, and 
 the vouching (when necessary) of such 
 accounts ; 
 (d.) The payment into Court of any money in the 
 hands of the executors or administrators or 
 trustees ; 
 (e.) Directing the executors or administrators or 
 trustees to do or abstaiA from doing any 
 particular act in their character as such 
 executors or administrators or trustees ; 
 (f.) The approval of any sale, purchase, compromise, or 
 
 other transaction ; 
 (g.) The determination of any question arising in the 
 administration of the estate or trust. (E. 765.) 
 . ,.(8??) , 3. Any of the persons named in the last preceding Rule 
 
 Applications tor .,.,•' i « j Ul • i n ° 
 
 administrations, may in like manner apply tor and obtain an order for : — 
 (a.) The administration of the personal estate of the 
 deceased ; 
 
CHAP. 104.] RULES — CHAMBERS, CHANCERY MATTERS. 941 
 
 (b.) The administration of the real estate of the Order LV. 
 
 deceased ; — ^'' *~^' — 
 
 (c.) The administration of the trust. (E. 766.) 
 4. The persons to be served with the summons under (ese.) 
 the last two preceding Rules in the first instance shall be be served" with 
 the following ; (that is to say)— Bummons. 
 
 A. Where the summons is taken out by an executor or 
 administrator or trustee, — 
 (a.J For the determination of any question, 
 under sub-sections fa.), fe.J, (f.J, or (g.), of 
 Rule" 2, the persons, or one of the persons, 
 whose rights or interests are sought to be 
 affected ; 
 (bj For the determination of any question, 
 under sub section fb.J of Rule 2, any 
 member or alleged member of the class ; 
 (c.J For the determination of any question, 
 under snb-section (c.J of Rule 2, any 
 person interested in taking such accountH ; 
 (d.) For the determination of any question, 
 under sub-section (d.) of Rule 2, any person 
 interested in such money ; 
 (e.) For relief under sub-section (a.) of Rule 3, 
 the residuary legatees, or next of kin, or 
 some of them ; 
 (f.) For relief under sub-section (b.) of Rule 3, 
 the residuary devisees, or heirs, or some of 
 them ; 
 fg.) For relief under sub-section (c.) of Rule 3, 
 
 the cestuis que trust, or some of them ; 
 (h.) If there are more than one executor or 
 administrator or trustee, and they do not 
 all concur in taking out the summons, 
 those who do not concur. 
 B, Where the summons is taken out bj' any person 
 other than the executors, administrators, or 
 trustees, the said executors, administrators or 
 trustees. (E. 767.) 
 
 5. The Court or a Judge may direct such other persons (697.) 
 to be served with the summons as they or he may think fit. fa'^^ others' 
 (E. 768.) 
 
 6. The application shall be supported by such evidence. .. (898.) 
 
 ,.1 n i T J • J J- i- 1. Evidonoo on ftp. 
 
 as the Court or a Judge may require, and directions may bepiioation, 
 
 given as they or he may think just for the trial of any 
 
 questions arising thereout. (E. 769.) 
 
 7. It shall be lawful for the Court or a Judge upon (bm.) 
 such suqjmons to pronounce such judgment as the nature " ''"^*" ' 
 of the case may require. (E. 770.) 
 
942 
 
 RULES— CHAMBERS, CHANCERY MATTEHa [PART III. 
 
 Order LV. 
 rr. 8—12. 
 
 (TOO.) 
 Special direc- 
 tions. 
 
 (701.) 
 Kg administra- 
 tion unless 
 necessary. 
 
 (702.) 
 Saving in favot 
 of trustees, &c. 
 
 (703.) 
 
 I'rustees, &c., 
 may apply to 
 Jud^e for di- 
 rections. 
 
 Proceedings 
 application. 
 
 Effect of direc 
 tions. 
 
 Costs. 
 
 8. The Court or a Judge may give any special directions 
 touching the carriage or execution of the judgment, or the 
 service thereof upon persons not parties, as they or he may 
 think just. (E. 771.) 
 
 9. It shall not be obligatory on the Court or a Judge 
 to pronounce or make a judgment or order, whether on 
 summons or otherwise, for the administration of any trust 
 or of the estate of any deceased person, if the questions 
 between the parties can be properly determined without 
 such judgment or order. (E. 772.) 
 
 10. The issue of a summons under Rule 2 of this Order, 
 shall not interfere with or control any power or discretion 
 vested in any executor, administrator, or trustee, except so 
 far as such interference or control may necessarily be 
 involved in the particular relief sought. (E. 774.) 
 
 11. Any trustee, executor, or administrator shall be at 
 liberty, without the institution of a suit, to apply by 
 petition to the Court or a Judge, for opinion, advice, or 
 direction 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 hearing thereof to be attended by, all persons interested 
 in such application, or such of them as the Court or Judge 
 shall think expedient. And it shall be in the power of the 
 Court or Judge to direct any question arising on any such 
 application to be argued, and to appoint counsel for that 
 purpose where the parties fail and it appears necessary to 
 do so. The trustee, executor, or administrator acting upon 
 the opinion, advice, or direction given by the Court or 
 Judge, shall be deemed, .so far as regards his own respon^ 
 sibility, to have discharged his duty as such trustee, 
 executor, or administrator, in the subject-matter of such 
 application : Provided, nevertheless, that this Rule shall not 
 extend to indemnify any trustee, executor, or administrator 
 in respect of any act done in accordance with such 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 obtaining such 
 opinion, advice, or direction. The costs of such application, 
 arguments, and coun.sel, as afore.said, and the party or funds 
 by or out of which they shall be paid, shall be in the 
 discretion of the Court or Judge. (E. A. 30.) 
 
 S. — Assistance of Experts. 
 
 judgiTncham- ^^- "^^^ Judge in Chambers may, in such way as he 
 berstaayoaiiex. thinks fit, obtain the assistance of accountants, iperchants, 
 ^" '■ engineers, actuaries, and other scientific persons, the better 
 
.CHAP. 104.] RULES — CHAMBERS, CHANCERY MATTERS. 94(3 
 
 to enable any matter at once to be determined, and he may order LV. 
 act upon the certiiicate of any such person. (E. 781.) rr. 13-17. 
 
 If.. — Summonsee in' Channhere. 
 
 13. An originating summons sliall be in the Form No. „ (^^y . 
 
 , ...O-. p . .. , Form ana issue 
 
 21 m Appendix L., with such variations as circumstances of ori^nating 
 may require. It shall be prepared by the applicant or his *"™'"™^' 
 solicitor, and shall be sealed in the Prothonotary's office, 
 and when so sealed shall be deemed to be issued. The 
 person obtaining the summmons shall leave at the 
 Prothonotary's office a copy thereof, which shall be filed. 
 (E. 782.) 
 
 14. Where from any cause an originating summons^ (ws.) 
 
 ^ , , S ,11 Prooeodmgs il 
 
 may not have been served upon any party seven clear da3's summons not 
 
 before the return thereof, an indorsement may be made on ^"''^ '" *""'• 
 
 the summons, and on a copy thereof stamped for service, 
 
 appointing a new time for the parties not before served to 
 
 attend at Chambers, and such indorsements shall be sealed, 
 
 and the service of the copy so indorsed and sealed shall 
 
 have the same force and effect as the service of an 
 
 originating summons, and where any party has been served 
 
 before such indorsement, the hearing thereof may, upon 
 
 the return of the summons, be adjourned to the new time 
 
 so appointed. (E. 784.) 
 
 15. The parties served with an originating summons (707.) 
 shall, before they are heard in Chambers, enter appearances bJ'S™ed'^*° 
 and give notice thereof. 
 
 6.— Proceedings relating to Infanta. 
 
 16. Upon application for the appointment of guardians . (708.) 
 
 . . ~ ^ ' 111 1! ■ ,1 • 1 Evidence on ap- 
 
 or iniants and allowance tor maintenance the evidence puoatiou for 
 
 shall show— guardianship. 
 
 (a.) The ages of the infants ; 
 
 (h.) The nature and amount of the infants' fortunes 
 and incomes ; 
 
 (c.) What relations the infants have. (E. 787.) 
 
 17. At any time during the proceedings at Chambers (709.) 
 under any judgment or order, the Judge may, if he shall -^pp.^'."'"™* "^ 
 think fit, require a guardian ad litem to be appointed for«em. 
 
 any infant or person of unsound mind not so found by 
 inquisition or judicial decision, who has been served with 
 notice of such judgment or order. (E. 789.) 
 
944 
 
 RULES — CHAMBERS, CHANCERY MATTERS. [PART III. 
 
 Directions for 
 proceedings. 
 
 rr. 18—22. ^' — Summonses to Proceed. 
 
 (710.) IS. Every judgment or order directing accounts or 
 
 in™fn jodgment inquiries to be taken or made shall be brought into 
 counu^ ^' Chambers by the party entitled to prosecute the same 
 within ten days after the same shall have been passed and 
 entered, and in default thereof any other party to the 
 cause or matter shall be at liberty to bring in the same, 
 and such party shall have the prosecution of such 
 judgment or order unless the Judge shall otherwise direct. 
 (E. 794.) 
 
 19. Upon a copy of the judgment or order being filed, 
 a summons shall be issued to proceed with the accounts or 
 inquiries directed, and upon the return of such summons 
 the Judge, if satisfied by proper evidence that all necessary 
 parties have been served with notice of the judgment or 
 order, shall thereupon give directions as to the manner in 
 which each of the accounts and inquiries is to be prosecuted, 
 the evidence to be adduced in support thereof, the parties 
 who are to attend en the several accounts and inquiries, 
 and the time within which each proceeding is to be taken, 
 and a day or days may be appointed for the further 
 attendance of the parties, and all such directions may 
 afterwards be varied by addition thereto or otherwise, as 
 may be found necessary. (E. 795.) 
 
 20. Where by a judgment or order a deed is directed 
 to be settled by the Judge in Chambers in case the parties 
 differ, a summons to proceed shall be issued, and upon the 
 return of the summons the party entitled to prepare the 
 draft deed shall be directed to deliver a copy thereof, 
 within such time as the Judge shall think fit, to the party 
 entitled to object thereto, and the party so entitled to object 
 shall be directed to deliver to the other party, a statement 
 in writing of his objections (if any) within eight days after 
 the delivery of such copy, and the proceedings shall be 
 adjourned until after the expiration of the said period of 
 eight days. (E. 796.) 
 
 21. Where, upon the hearing of the summons to pro- 
 of judgment may ceed, it appears to the Judge that by reason of absence, or 
 be topensed j^j, ^^^^ other sufficient cause, the service of notice of the 
 
 judgment or order upon any party cannot be made or ought 
 to be dispensed with, the Judge may, if he shall think fit, 
 wholly dispense with such service, or may at hi.s discretion 
 order any substituted service, or notice by advertisement or 
 otherwise in lieu of such service. (E. 797 ) 
 
 Wrcclim'Lad- ^'^- ^^ °" ^^^ hearing of the summons to proceed it 
 vortiBoment for shall appear that all necessary parties are not parties to the 
 action, or have not been served with notice of the judgment 
 
 (712.) 
 Settling deed. 
 
 Service of notice 
 
 necessary par' 
 ties. 
 
CHAP. 104.J RULES — CHAMBERS, CHANCERY MATTERS. 945 
 
 or order, directions may be given for adverti.sement for order lv. 
 creditors, and for filing the accounts, but the adjudication "■ ^3—26. 
 on creditors' claims and the accounts are not to be proceeded 
 with, and no other proceeding is to be taken, except for the 
 purpose of ascertaining the parties to be served, until all 
 necessary parties shall have been served, and are bound, or 
 service shall have been dispensed with, and until directions 
 shall have been given as to the parties who are to attend 
 on the proceedings. (E. 798.) 
 
 23. The course of proceeding in Chambers shall ordin- (7i5-) 
 arily be the same as the course of proceeding in Court chambera. 
 upon motions. Copies, abstracts, or extracts of or from 
 accounts, deeds, or other documents, and pedigrees, and 
 concise statements shall, if directed, be supplied for the use 
 of the Judge, and «wher&.so directed, copies shall be handed 
 to the other parties. But no copies shall be made of deeds 
 or documents where the originals can be brought in, unless 
 the Judge shall otherwise direct. 
 
 -•o^ 
 
 7. — Summons Boole. 
 
 2 k At the time any summons is obtained, an entry (7ie.) 
 thereof shall be made in the Summons Book, stating the monT in Sum" 
 date on which the summons is issued, the name of the"°™^°*' 
 cause or matter, and by what party ; and shortly for what 
 purpose such summons is obtained, and at what time such 
 summons is returnable. (E. 800.) 
 
 8. — A ttendance. 
 
 25. Where, upon the hearing of the summons to pro- (717.) 
 ceed, or at any time during the prosecution of the judgment for^aoh'oiass. 
 or Older, it appears to the Judge, with respect to the whole 
 or any porticm of the proceedings, that the interests of the 
 parties can be classified, he may require the parties consti- 
 tuting each or any class to be represented by the same 
 solicitor, and may direct what parties may attend all or any 
 part of the proceedings, and where the parties constituting 
 any class cannot agree upon the solicitor to represent them, 
 the Judge may nominate such solicitor for the purpose of 
 the proceedings before him, and where any one of the 
 parties constituting such class declines to authorize the 
 solicitor so nominated to act for him, and insists upon being 
 represented by a different solicitor, such party shall per- 
 sonally pay the costs of his own solicitor of and relating 
 to the proceedings before the Judge, with respect to which 
 such nomination shall have been made, and all such further 
 61 
 
946 
 
 RULES — CHAMBERS, CHANCERY MATTERS. [PART III. 
 
 Order LV. 
 rr. 26—82. 
 
 (718.) 
 Distinct solici- 
 tors may be 
 required. 
 
 costs as shall be occasioned to any of the parties by his being 
 represented by a different solicitor from the solicitor so to 
 be nominated. (E. 802.) 
 
 26. Whenever in any proceedings before a Judge in 
 Chambers the same solicitor is employed for two or more 
 parties, such Judge may at his discretion require that any 
 of the said parties shall be represented before him by a 
 distinct solicitor, and adjourn such proceedings until such 
 party is so represented. (E. 803.) 
 ^■- ^''^H- . 27. Any of the parties other than those who shall have 
 
 Those not direct- , ,. *'. ^ , j i , i • 
 
 edmayattendat been directed to attend may attend at their own expense, 
 their own ex- ^^^^ j upon paying the costs, if any, occasioned by such 
 attendance, or, if they think fit, they may apply by 
 summons for liberty to attend at the expense of the estate, 
 or to have the conduct of the action, eitiher in addition to 
 or in substitution for any of the' parties who shall have 
 been directed to attend. (E. 804.) 
 
 28. An order is to be drawn up on a summons to be 
 taken out by the plaintiff or the party having the conduct 
 of the action, stating the parties who shall have been 
 directed to attend and such of them (if any) as shall have 
 elected to attend at their own expense. (E. 805.) 
 
 pense. 
 
 (720.) 
 How order 
 drawn up. 
 
 (7Z1.) 
 Those who do 
 not come in after 
 advertisement, 
 excluded. 
 
 (722.) 
 Peremptory ad- 
 vertisement. 
 
 (723.) 
 How prepared. 
 
 (724.) 
 Advertisement, 
 form and con- 
 tents of. 
 
 9. — Advertiaements for Creditors and Claimants. 
 
 29. Where a judgment or order is given or made, 
 whether in Court or in Chambers, directing an account of 
 debts, claims, or liabilities, or an inquiry for heirs, next of 
 kin, or other unascertained persons, unless otherwise 
 ordered, all persons who do not come in and prove their 
 claims within the time which may be fixed for that 
 purpose by advertisement, shall be excluded from the 
 benefit of the judgment or order. (E. 806) 
 
 30. Where an advertisn:ent is required for the purpose 
 of any proceeding in Chambers, a peremptory advertise- 
 ment, and only one, shall be issued, unless tor any special 
 reason it may be thought necessary to issue a second 
 advertisement or further advertisements, and any adver- 
 tisement may be repeated as many times and in such 
 papers as may be directed. (E. 807.) 
 
 31. The advertisement shall be prepared by the party 
 prosecuting the judgment or orderj and submitted to the 
 Judge for approval. (E. 808.) 
 
 32. Advertisements for creditors and other claimants 
 shall fix a time within which each claimant, not being a 
 creditor, is to come in and prove his claim, and within 
 which each creditor is to send to the executor or adminis- 
 trator of the deceased, or to such other party as the Jud^e 
 
CHAP. 104.] RtJLES— CHAMBERS, CHAJTCEEY MATTEES. 947 
 
 shall direct, or to his solicitor, to be named and described otder LV. 
 in the advertisement, the name and address of such creditor— £I:_§?:i?l'_ 
 and the full particulars of his claim, and a statement of 
 his account and the nature of the security (if any) held 
 by him. Such advertisements shall be in one of the Forms 
 Nos. 2 and 3, in Appendix L.^ with such variations as the 
 circumstance of the case may require. At the time of 
 directing such advertisement a time shall be fixed for 
 adjudicating on the claims. (E. 809.) 
 
 33. No creditor need make any affidavit or attend in (i&.)_ 
 support of his claim (except to produce his security), b^creditors. 
 unless he is served with a notice requiring him to do so 
 
 as hereinafter provided. (E. 81 1 .) 
 
 34. Every creditor shall produce the security (if any) (726.) 
 held by him, before the Judge, at such time as shall be duce'seourfty™ 
 specified in the advertisement for that purpose, being the 
 
 time appointed for adjudicating on the claims, and every 
 creditor shall, if required, by notice in writing (Form No. 
 4 in Appendix L.) to be given by the executor or adminis- 
 trator of the deceased, or by such other party as the Judge 
 shall direcc, produce all other deeds and documents necessary 
 to substantiate his claim before the Judge at his Chambers 
 at such time as shall be specified in such notice. (E, 812.) 
 
 35. In case any creditor shall neglect or refuse to (727. 
 comply with the last preceding Rule, he shall not be compliance. "°°" 
 allowed any costs of proving his claim unless the Judge 
 
 shall otherwise direct. (E. 813.) 
 
 36. The executor or administrator of the deceased, or „ (J^> , 
 
 -fi iiiT" 111 • JciXCCUior or QtQ- 
 
 such other party as the Judge shall direct, shall examine mmistrator to 
 
 ,, . . p ^• i • i i j.i_ 1 .■ examine claims. 
 
 the claims of creditors sent in pursuant to the advertise- 
 ment, and shall ascertain, as far as he is able, to which 
 of such claims the estate of the deceased is justly liable, 
 and he shall, at least seven clear days prior to the time 
 appointed for a<ljudication, file an affidavit (Form No. 5 in 
 Appendix L.) to be made by such executor or administrator, 
 or one of the executors or administrators, or such other 
 party, either alone or jointly with his solicitor or other 
 competent person, or otherwise, as the Judge shall direct, 
 verifying a list of the claims (Forms No. 6 in Appendix 
 L.) the particulars of which have been sent in pursuant 
 to the advertisement, and stating to which of such claims, 
 or parts thereof respectively, the estate of the deceased 
 is in the opinion of the deponent justly liable, and his 
 belief that such claims, or parts thereof respectively, are 
 justly due and proper to be allowed, and the reasons for 
 such belief. (E. 814.) 
 
 37. In case the Judge shall think fit so to direct, the (729. 
 making of the affidavit referred to in the last preceding J^S/^™?: 
 
 EOned. 
 
948 EULES — CHAMBERS, CHANCERY MATTERS. [PART III. 
 
 Order LV. 'Ruh shall be postponed till after the day appointed for 
 — =— adjudication, and shall then be subject to such directions 
 
 as the Judge may give. (E. 815.) 
 (730.) 38. Where, on the day appointed for hearing the 
 
 Adjournment ,. „ ^, ."',!' in t . 
 
 tor directions, claiins, any 01 thein remain undisposed or, an adjournment 
 day for hearing such claims shall be fixed, and where 
 further evidence is to be adduced, a time may be named 
 within which the evidence on both sides is to be closed, 
 and directions may be given as to the mode in which such 
 evidence is to be adduced. (E. 81G.) 
 (731.) 39. At the time appointed for adjudicating upon the 
 
 AllowoiUCS or diS" - cj i. 
 
 allowance of claims of Creditors, or at any adjournment thereof, the Judge 
 claims. ^^y jj^ jjj^ discretion allow any of the claims, or any part 
 
 thereof respectively, without proof by the creditors, and 
 direct such investigation of all or an}' of the claims not 
 allowed, and require such further particulars, information, 
 or evidence relating thereto as he may think fit, and majr, 
 if he think fit, require any creditor to attend and prove 
 his claim, or any part thereof, and the adjudication on such 
 claims as are not then allowed shall be adjourned to a time 
 to be then fixed. (E. 817.) 
 
 (732.) 40. No'tice (Form No. 7, in Appendix L.) shall be 
 
 ^o^ioes ere '"gj^.gjj ^y ^jjg executor or administrator, or such other party 
 as the Judge shall direct, to everj' creditor whose claim, or 
 any part theerof, has been allowed without proof by the 
 creditor, of such allowance, and to every such creditor as 
 the Judge shall direct to attend and prove his claim, or 
 such part thereof as is not allowed, by a time to be named 
 in such notice (Form No. 8, in Appendix L.), not being 
 le.ss than seven days after such notice, and to attend at a 
 time to be therein named, being the time to which the 
 adjudication thereon shall have been adjourned, and in 
 case any creditor .shall not comply with such notice, his 
 claim, or such part thereof as aforesaid, shall be disallowed. 
 (E. 818.) 
 
 (733.) 41. After the time fixed by the advertisement no 
 
 ciatas after pre- claims shall be received (except as hereinbefore provided 
 
 oribed time. jjj ^^se of an adjournment), unless the Judge shall see fit to 
 
 give special leave, upon application made by summons, and 
 
 then upon such tei-ms and conditions as to costs and 
 
 otherwise as the Judge shall think fit. (E. 819.) 
 
 (734.) 42. A creditor who has come in and established his 
 
 provinrcMm?"^" <3ebt in Chambers under any judgment or order shall be 
 entitled to the costs of so establishing his debt, and the 
 sum to be allowed for such costs shall be fixed by the 
 Judge, unless he shall think fit to direct the taxation 
 thereof ; and 'the amount of such costs, or the sum allowed 
 
CHAP. 104.] RULES — CHAMBERS, CHANCERY MATTERS. 949 
 
 in respect thereof, shall be added to the debt so established. Order lv. 
 
 (E. 820.) rr. 43-48. 
 
 4-3. A list of all claims allowed shall, when required . (rss.) 
 by the Judge, be made out and filed by the person who claims, 
 examines the claims. (E. 821.) 
 
 44. Every notice by this Order required to be given to . (736.) 
 creditors or other claimants shall, unless the Judge shall by post, 
 otherwise direct, be deemed sufficiently given and served 
 
 if transmitted by the post prepaid to the creditor or other 
 claimant to be served according to the address given in the 
 claim sent in by him pursuant to the advertisement, or 
 in case such creditor or other claimant shall have 
 employed a solicitor, to such solicitor according to the 
 address given by him. (E. 823.) 
 
 10. — Interest. 
 
 45. Where a judgment or order is made directing an (737.) 
 account of the debts of a deceased person, unless otherwise menrorord"r.* 
 ordered, interest shall be computed on such debts as to such 
 
 of them as carry interest after the rate they respectively 
 carry, and as to all others after the rate of six per cent, per 
 annum from the date of the judgment or order. (E. 824.) 
 - 46. A creditor whose debt does not carry interest, who (738.) 
 comes in and establishes the same before the Judge in deb" does not 
 Chambers under a judgment or order of the Court or of ''^^'^ '"'^'^*^*- 
 the Judge in Chambers, shall be entitled to interest upon 
 his debt at the rate of six per cent, per annum, from the 
 date of the judgment or order, out of any assets which may 
 remain after satisfying the costs of the cause or matter, 
 the debts established, and the interest of such debts as by 
 law carry interest. (E. 825.) 
 
 47. Where a judgment or order is made directing an (739.) 
 account of legacies, interest shall be computed on suchaoies? "^ *^ 
 legacies after the rate of five per cent, per annum from the 
 
 end of one year after the testator's death, unless otherwise 
 ordered, or unless any other time of payment or rate of 
 interest is directed by the will, and in that case according 
 to the will. (E. 826.) 
 
 11. — Further Consideration. 
 
 48. Where any matter originating in Chambers shall. (74o.) 
 
 at the original or any subsequent hearing, have been terihowbro^w 
 adjourned for further consideration in Chambers, such *'"'™''''- 
 matter may, after the expiration of eight days, be brought 
 on for further consideration by a summons to be taken out 
 by the paity having the conduct of the matter, and, after 
 the expiration of fourteen days, by a summons to be taken 
 
950 
 
 EULKS— IN TERPLEADER. 
 
 [part III. 
 
 Order LV, 
 r. 49. 
 
 (741.) 
 Forms. 
 
 out by any other party. Such summons shall be in the 
 form following : — 
 
 " That this matter, the further consideration whereof 
 
 was adjourned by the order of the day of , 
 
 18 — , may be further considered," 
 
 and shall be served six clear days before the return. Provided 
 that this Eule shall not apply to any matter, the further 
 consideration whereof shall, at the original or any subse- 
 quent hearing, have been adjourned into Court, (K 834.) 
 
 12. — Forms, <&g. 
 
 49. The Forms Nos. 10 to 20 in Appendix L. shall be 
 used for the respective purposes therein mentioned, with 
 such variations as circumstances may require. (E. 837.) 
 
 Order LVI. 
 rr 1, 2. 
 
 (742.) 
 When such relleC 
 allowed. 
 
 ShCTiff. 
 
 (743.) 
 Conditiors of 
 relief. 
 
 OEDEE LVI. 
 
 INTEKPLEADER. 
 
 1. Relief by way of interpleader may be granted, — - 
 fa.) Where the person seeking relief (in this Order 
 
 called the applicant) is under liability for 
 any debt, money, goods, or chattels, for or in 
 respect of which he is, or expects to be, 
 sued by two or more parties (in this Order 
 called the claimants) making adverse claims 
 thereto ; 
 (b.) Where the applicant is a Sheriff or other officer 
 charged with the execution of process by or 
 under the authority of the Court, and claim 
 is made to any money, goods or chattels taken 
 or intended to be taken in execution under 
 any process, or to the proceeds or value of 
 any such goods or chattels by any person 
 other than the person 
 process issued. (E. 850.) 
 
 2. The applicant must satisfy the Court or a Judge by 
 affidavit or otherwise — 
 
 fa.) That the applicant claims no interest in the 
 subject-matter in dispute, other than for 
 charges or costs ; and 
 
 (b.) That the applicant does not collude with any of 
 the claimants ; and 
 
 (c.) That the applicant is willing to pay or transfer 
 the subject-matter into Court or to dispose 
 of it as the Court or a Judge may direct, 
 (E. 851.) 
 
 against 
 
 whom the 
 
CHAP. 104.] RULES — INTERPLEADER. 951 
 
 3. The applicant shall not be disentitled to relief by Order lvl 
 reason only that the titles of the claimants have not a ^^- ^~^^- 
 
 common origin but are adverse to and independent of one j^^verse titles of 
 another. (E. 8.t2.) claimants. 
 
 4. Where the applicant is a defendant, application for (745.) 
 relief may be made at any time after service of the writ^™«{,°'^^PP^°5; 
 of summons. (E. 8.53.) ant- 
 
 5. The applicant may take out a summons calling on (746.) 
 the claimants to appear and state the nature and particu-gu^^o^" 
 lars of their claims, and either to maintain or relinquish 
 
 them. (E. 8.54.) 
 
 6. If the application is made by a defendant in an (747.) 
 action the Court or Judge may stay all further proceedings prreeedinV^'"^ 
 in the action. (E. 85.5.) 
 
 7. If the claimants appear in pursuance of the summons. (748.> 
 the Court or a Judge may order either that any claimantissife" or'that 
 be made a defendant in any action already commenced in ^^ d'efendant. 
 respect of the subject-matter in dispute in lieu of or in 
 addition to the applicant, or that an issue between the 
 claimants be stated and tried, and in the latter case may 
 
 direct which of the claimants is to be plaintiff, and which 
 defendant. (E. 856.) 
 
 8. The Court or a Judge may, with the consent of gumn^ar^'^adu- 
 both claimants or on the request of any claimant, if, having dication by' con- 
 regard to the value of the subject-matter in dispute, it ^™ ' 
 seems desirable so to do, dispose of the merits of their 
 
 claims, and decide the same in a summary manner and on 
 such terms as may be just. (E. 857. 
 
 9. Where the question is a question of law, and the. J^^"',, 
 
 r , , • ^■ 1/-^ -rn • ^ Questions of law, 
 
 tacts are not in dispute, the Court or a Judge may either and special cases 
 decide the question without directing the trial of an issue, 
 or order that a special case be stated for the opinion of 
 the Court., If a special ca.=e is stated, Order XXXIII. 
 shall, as far as applicable, apply thereto. (E. 858.) 
 
 10. If a claimant, having been duly served with a „, . C^}-) , 
 
 ... ,. " •'t ... Claimant not ap- 
 
 summons calhng on him to' appear and maintain orpeanng, to be 
 relinquish his claim, does not appear in pursuance of the'"'"' " 
 summons, or, having appeared, neglects or refuses to comply 
 with any order made after his appearance, the Court or a 
 Judge may make an order declaring him, and all persons 
 claiming under him, forever barred against the applicant 
 and persons claiming under him ; but the order shall not 
 affect the rights of the claimants as between themselves. 
 (E. 859.) 
 
 11. Except where otherwise provided hy statute, the (752.) 
 judgment in any action, or on any issue ordered to be tried ana™™ ^^^'^ 
 or stated in an interpleader proceeding, and the decision of 
 
 the Court or a Judge in a summary way, under Rule 8 of 
 
952 BULES — APPEALS, ETC. [PART III. 
 
 Order LVI. this Order, shall be final and conclusive against the claim- 
 
 rr. 12—15. ^j^^g^ ^nd all persons claiming under thein, unless by special 
 
 leave of the Court or Judge, as the case may be. (E. 860.) 
 
 (753.) 12. When goods or chattels have been seized in execu- 
 
 dered. tion bj' a sheriff or other officer charged with the execution 
 
 of process of the Court, and any claimant alleges that he is 
 
 entitled, under a bill of sale or otherwise, to the goods or 
 
 chattels by way of security for debt, the Court or a Judge ■ 
 
 may order the sale of the whole or a part thereof, and 
 
 direct the application of the proceeds, of the sale in such 
 
 manner and upon such terms as may be just. (E S61.) 
 
 i.i=covlr*\riai ^^^ Offers XXX. and XXXIV. shall, with the neces- 
 
 and judgment. ' sary modifications, apply to an interpleader i.ssue ; and the 
 
 Court or Judge who tries the issue may finally dispose of 
 
 the whole matter of the interpleader proceedings, including 
 
 all costs not otherwise provided for. (E. 862.) 
 
 (755.) 14. Where in any interpleader proceeding it is 
 
 One order jn sev- t , . i i • i 
 
 erai matters. uecessary or expedient to make one order in several causes 
 or matters, such order may be made by the Court or a 
 Judge before whom the interpleader proceedings may be 
 taken, and shall be intituled in all such causes or matters ; 
 and any such order (subject to the right of appeal) shall be 
 binding on the parties in all such causes or matters. 
 (E. 863.) 
 
 (756.) 15. The Court or a Judge may, in or for the purposes 
 
 Costs and inci- - -iii t i n i -i, 
 
 dental matters. 01 any interpleader proceedings, make all such orders as to 
 costs and all other matters as may be just and reasonable. 
 (E. 864.) 
 
 Order LVII. 
 rr. 1, 2. 
 
 OEDEE LVII. 
 
 APPEALS, ETC. 
 
 (757.) 1. All appeals to the Court shall be by way of 
 
 ifeil^ringand"^ re-hearing, and shall be brought by notice of motion "in a 
 mot[on°''°^°' summary way, and no petition, case, or other formal pro- 
 ceeding other than such notice of motion shall be necessary. 
 The appellant may, by the notice of motion, appeal from 
 the whole, or any part of any judgment or order, and the 
 notice of motion shall state whether the whole or part only 
 of such judgment or order is complained of, and in the 
 latter case shall specify such part. (E. 865.) 
 
 Noticf onwhom ^' "^^^ notjce of appeal shall be served on all parties 
 
 tobeaerved. directly aff"ected by the appeal, and it shall not be necessary 
 
 to serve parties not so affected ; but the Court may direct 
 
 notice of the appeal to be served on all or any parties to 
 
 the action or other proceeding, or upon any person" not a 
 
CHAP. 104.] RULES — APPEALS, ETC. 953 
 
 party, and in the meantime may postpone or adjourn the 
 
 hearing of the appeal, upon such terms as may be just, order lvii. 
 
 and may give such judgment, and make such order as rr. 3—7. 
 
 might have been given or made if the persons served with 
 
 such notice had been original parties. Any notice of 
 
 appeal inay be amended at any time as the Court may 
 
 think fit. (E. 866.) 
 
 3. The notice of appeal shall be served within ten days, „^ C^a.) 
 
 „ 1 ^ • ^ T • • . 1 When notice to 
 
 from the day when the judgment, decision or order be given. 
 appealed from was pronounced, or when the appellant or 
 his solicitor first had notice thereof, but the Court or a 
 Judge may enlarge and extend the time for giving such 
 notice, either before or after the expiration thereof. 
 
 4. Every judgment, rule, order, or decision made by a . (78o.) 
 Judge, in Court, or in Chambers, except orders made in the pea/.'" ^ " "'" 
 exercise of such di.«cretion as by law belongs to him, may 
 
 be set aside or discharged, upon notice, by the Court. 
 
 5. On appeal, the Court shall have, in addition to all Powerrot'^court 
 the powers and duties as to amendment, full discretionary o"^ appeal as to 
 power to receive further evidence on questions of fact, such dence, inter- 
 evidence to be taken by oral examination in Court, by ™''^^' 
 affidavit, or by deposition taken before an examiner or 
 commissioner. Such further evidence may be given with- 
 out special leave, on interlocutory applications, or in any 
 
 case as to matters which have occurred after the date of the 
 decision from which the appeal is brought. On appeals 
 from a judgment after trial or hearing of any cause or 
 matter on the merits, such further evidence (save as to 
 matters subsequent as aforesaid) shall be admitted on 
 special grounds only, and not without special leave of the 
 Court. The Court shall have power to draw inferences of 
 fact, and to give any judgment and make any order which 
 ought to have been made, and to make such further or other 
 order as the case may require. The powers aforesaid may 
 be exercised by the Court, notwithstanding that the notice 
 of appeal may be that part only of the decision may be 
 reversed or varied, and such powers may also be exercised 
 in favor of all or any of the respondents or parties, although 
 such respondents or parties may not have appealed 
 from or complained of the decision. The Court shall have 
 power to make such order as to the whole or any part of 
 the costs of the appeal as may be just. (E. 868.) 
 
 6. If upon the hearing of an appeal, it shall appear to (762.) 
 the Court that a new trial ought to be had, it shall be ordered? ""^^ 
 lawful for the Court to order that the verdict and judgment 
 
 be set aside, and that a new trial be had. (E. 869.) 
 
 7. It shall not, under any circumstances, be necessary „ C^-) , 
 for a respondent to give notice of motion by way of cross- 
 
954 RULES — APPEALS, ETC. [PART IIL 
 
 Order Lvii. appeal, but if a respondent intends, on the hearing of the 
 
 rr. 8—13. — appeal, to contend that the decision of the Court or Judge 
 
 below should be varied, he shall within the time specified 
 
 in the next Rule, or such time as may be prescribed by 
 
 special order, give notice of such intention to any parties 
 
 who may be affected by such contention. The omission to 
 
 give such notice shall not diminish the powers of the Court, 
 
 but may, in the discretion of the Court, be ground for an 
 
 adjournment of the appeal, or for a special order as to 
 
 costs. (E. 870.) 
 
 (764.) 8. Subject to any special order which may be made, 
 
 appeal °' °™°^ notice by a respondent under the last preceding Rule shall 
 
 in the case of any appeal from a final judgment be an eight 
 
 days' notice, and in the case of an appeal from an 
 
 interlocutory order, a two days' notice. (E. 871.) 
 
 Entr ^of a eai ^' "^^^ P^^^Y appealing shall leave with the Prothono- 
 ' iary at Halifax a copy of the notice of appeal to be filed, 
 when the appeal is entered for argument. 
 (766.) 10. When an ex parte application has been refused by 
 
 Ex parte appli- t , i- i- j! • •! i / 
 
 cations. a Judge, au application tor a similar purpose may be made 
 
 to the Court ex parte within four days from the commence- 
 ment of the next session of the Court thereafter, or within 
 such other time as the Court or a Judge may allow, 
 (E. 874.) 
 
 Evd ''^^^'h ^^' ^^®" ^"^y question of fact is involved in an appeal 
 
 brought up. or application for a new trial, the evidence taken in the 
 
 Court below, or by the Judge appealed from, bearing on 
 
 such question, shall, subject to any special order, be brought 
 
 before the Court as follows :— 
 
 fa.) As to any evidence taken by affidavit, by the 
 production of the printed copies of such 
 affidavits ; 
 
 (b.) As to any evidence given orally, by the production 
 of copies of the Judge's notes, or such other 
 material as the Court may deem expedient. 
 (E. 875.) 
 
 (768.) • 12. No interlocutory order or rule from which there 
 by'hl'teriooSto^^^S'S '366° "" appeal, shall operate so as to bar or prejudice 
 order not appeal- the Court from giving such decision on the appeal, as may 
 ""°' be just. (E 878.) 
 
 (769.) 13. An appeal shall not operate as a stay of execution, 
 
 o(''prTo'e"e°dtage7 0^ ^f proceedings under the decision appealed from, except 
 so far as the Judge appealed from, or the Court, may order ; 
 and no intermediate act or proceeding shall be invalidated, 
 except so far as the Court may direct. Such deposit or 
 other security shall be made or given as may be directed 
 by the Court or a Judge, (E. 880.) 
 
CHAP 104.] RULES— SESSIONS. SITTINGS, VACATIONS, ETC. 955 
 
 14. Interest for such time as execution has been order LVii. 
 delayed by the appeal, shall be allowed at the rate of six __£Li^yi_ 
 per cent., unless the Court or a Judge otherwise orders, j^jg^£™„\gjj,. 
 and such interest shall be added to the iudgment without lo'^?'^ where?"?- 
 
 j j; i-u ^ /Tn ooo \ oution stayed. 
 
 anj' order tor that purpose, [h. 883.) 
 
 15. Where any application ought to be made to, or„^ (77i-) 
 
 . ,. ,. •' y'^ , 7 , , ,, _ , ' Substitution of 
 
 any jurisdiction exercised or any act done by, the Judge by Judge, 
 whom a cause or matter has been tried or heard, if such 
 Judge die or cease to be a Judge of the Court, or if for any 
 other- reason it shall be impossible or inconvenient that 
 such Judge should act in the matter, the Chief Justice may, 
 either by a special order in any cause or matter, or by a 
 general order applicable to any class of causes or matters, 
 nominate some other Judge to whom such application may 
 be made, and by whom such juri.sdiction may be exercised. 
 (E. 885.) 
 
 16. Where a compulsory reference to arbitration has (772.) 
 
 i_ jj iiUC ii! Appeal from ref- 
 
 boen ordered, any party to such reterence, may appeal irom eree, &c. 
 the award or certificate of the arbitrator or referee upon 
 any question of law ; and on the application of any party 
 the Court may set aside the award on any ground on 
 ■which the Court might set aside the verdict of a jury. 
 Such appeal shall be to the Court, who shall have power to 
 set aside the award or certificate, or to remit all or any 
 part of the matters in dispute to the arbitrator or referee, 
 or to make any order with respect to the award or 
 certificate or all or any of the matters in dispute that may 
 be just, (E. 886.) 
 
 17. Rules 1, 2, 3, 4, 5, 6, 9, 10, 11, and 13 of this . . (to.) 
 Order shall only apply to appeals in causes or -matters certlindL 
 originating in the Supreme Court. 
 
 OEDEK LVIII. Order LVIII. 
 
 rr. 1—2. 
 
 SESSIONS, SITTINGS, VACATIONS, ETC. '_ 
 
 1. The Court shall be always open,- and shall sit at (774.) 
 Halifax at such times as the business requires and as the ^^^y" "pen. 
 attendance of a quorum of the Judges can be obtained. (C. 
 
 2 of 1882, sec. 13.) 
 
 2. An annual session of the Court shall be held, begin- (775.) 
 ning on the second Tuesday of December and continuing ^j"™^'j^^^*^'°" 
 to the first Tuesday of April, with the exception of a vaca- 
 tion from the Saturday before Christmas to the Monday 
 
 after the first day of January, exclusive of both days named. 
 The session may be continued beyond the first Tuesday of 
 
956 RULES — SESSIONS, SITTINGS, VACATIONS, ETC. [PAET III. 
 
 Order LViil. April. In case, at any time during said session, there shall 
 — '^'^' ^~'^' — be no business before the Court, and when a recess may be 
 necessary for the preparation of judgments, an adjournment 
 for a short period may be ordered by the Court. (C. 13 of 
 1880, sees. 2 and 5.) 
 (776.) 3. In case any business remains undisposed of at the 
 
 sionforunfinish-end of the annual session, one session or more shall be sub- 
 ed causes. sequcntly held before the next annual session, for the 
 disposal of such business as may be ready. (C. 13 of 18^0, 
 sec. 6.) 
 (777.) 4. Four Judges shall constitute a quorum to decide aU 
 
 Quorum. matters requiring to be heard by the Court (in banc), but 
 
 if the attendance of four judges at any time cannot be 
 obtained owing to absence, illness, or other cause sufficient 
 in the estimation of the Judges present, three shall consti- 
 tute such quorum. 
 (778) 5. Causes and matters for argument at the annual 
 
 lor argument, session, shall be entered with the Prothonotary not later 
 than the first Tuesday of December, and every Tuesday 
 during the session shall be a day for entering causes and 
 matters subsequently coming up for argument. (C. 13 of 
 1880, sec. 3.) 
 (779.) 6. A judgment, order, decision,,rule, or verdict appealed 
 
 ^onsequenoe 0^ from, or sought to be set aside, shall stand as if no notice 
 cause. Qf appeal, or notice of motion to set the same aside, had 
 
 been made or given, if the cause or matter in which the 
 same was made or given be not entered for argument on 
 the first entry day after such notice, or if the motion of 
 which such notice has been given be not made when the 
 cause or matter is called, unless such default in the moving 
 party be waived by the other parties interested, or unless 
 the Court shall otherwise order. 
 (780.) 7. (1.) All evidence and documents to be used at 
 
 the argument shall be printed in demi-quarto form, on 
 paper of good quality, and on one side of the paper only, 
 and the type shall be small pica leaded, and the size of 
 each page shall be eleven inches by eight and one half 
 inches, and every tenth line shall be numbered in the 
 margin throughout. An index to all the principal matters 
 contained in the printed case shall be added. 
 
 (2.) In appeals the case shall be printed by the appellant ; 
 in ca,ses stated, by the plaintiff; and in all other matters 
 and causes, by the party who has given the notice of motion 
 or has otherwise the carriage of the proceedings. Affidavits 
 shall be printed by the party who desires to use them. 
 
 (3.) The party whose duty it may be to have the case 
 printed, shall prepare the matter which in his opinion 
 should form the ease, and shall give to the opposite party's 
 
 Printing. 
 
CHAP. 104.] EULES — SESSIONS, SITTINGS, VACATIONS, ETC. 9o7 
 
 agent, solicitor, or counsel, twenty-four hours' notice that order lviii. 
 
 the same may be inspected at a time and place to be named ^- 
 
 in the notice. If no agreement be come to as to what 
 should be printed, the case shall be settled by a Judge 
 after twenty -four hours' notice of the application. 
 Abstracts may be used by consent or by order of a Judge, 
 but the Court may refer, or allow either party to refer, to 
 the full text of the matters or documents of which such 
 abstracts have been made, or may order any further printing 
 to be done. 
 
 (4.) The party whose duty it may be to have the case 
 printed, shall be furnished by the opposite party with 
 copies of all exhibits and other documents in the possession 
 or under the control of the latter, which are to form part 
 of the case ; and in default of the same being so furnished, 
 within forty-eight hours after demand made, the party 
 failing to do so, shall, at his own expense, cause such 
 exhibits or documents to be printed for the argument. 
 
 (5.) Minutes of trial may be furnished to either party 
 (by consent of both) by the Judge who has tried the cause, 
 instead of being filed. 
 
 (6.) Eight printed copies of the case shall be deposited 
 with the Prothonotary for the use of the Judges, officers of 
 the Court, and reporter, and three copies shall be delivered 
 to the agent, counsel, or attorney of the opposite party, as 
 soon as the case is printed. 
 
 (7.) The Court or a Judge may dispense with the 
 printing of any matter on reasonable cause being shown by 
 affidavit, and the Court may postpone any argument from 
 time to time, on cause shown, to enable the printing to be 
 completed or otherwise. 
 
 (8.) In this Rule the term "case" shall be held to 
 include the appeal papers, rules, minutes of evidence, state- 
 ment of case, affidavits, report of trial, exhibits, and all 
 other matters on which any argument is to be proceeded 
 with. (Rules, Nov. 24, 1880.) 
 
 8 There shall be two regular sittings of the Court in (yg^^ 
 Halifax, in each year, for the trial of civil causes, one to sittings jn Haii- 
 cominence on the third Tuesday of April, and the other to oivii causes. 
 commence on the fourth Tuesday of October. Such sittings 
 shall continue until all the causes for trial are disposed of. 
 During these sittings trials may be proceeded with simul- 
 taneously in different Court Rooms, and the docket may be 
 divided, or the causes called, in such way as the Court shall 
 direct, so as to ensure, as far as possible, each cause being 
 tried according to its seniority. The sittings may be 
 adjourned from time to time as may be necessary. (C. 19 
 of 1879, sec. 2.) The Court may order an additional panel Additionaipanei 
 
958 RULES— SESSIONS, SITTINGS, VACATIONS, ETC. [PART lit. 
 
 Order LViii. or panels of jurors to be drawn and summoned at any time, 
 rr. 9— 14. ag Qjj^y jjg necessary. (P. A 13.) 
 
 (782.) 9. Notwithstanding the last preceding Rule, non'jury 
 
 triedKnySme causes which may have been transferred to any JudgOj 
 
 appoint^^' ""'^ either specially or by any general description, may be heard 
 
 and tried at any time and place that such Judge may 
 
 appoint therefor, after the close of the pleadings, due notice 
 
 of trial being given in accordance with the Rules relating 
 
 to notice of trial. 
 
 (783.) 10. At the sittings mentioned in Rule 8, and at all 
 
 Jury trials first gjttjrigs for the trial of causes in other counties than in 
 
 Halifax as wellj causes for trial by jury shall be first tried. 
 
 Limited number unless the presiding Judge shall otherwise direct. No more 
 
 of causes ca e . ^^^^^^ j.gjj causes shall be called for trial in one Court Room 
 
 in one day. 
 
 (784.) 11. There shall be two sittings for criminal trials, one 
 
 Bitting"™ ^ on the third Tuesday of March, and the other on the first 
 
 Tuesday of October, in each year, to be continued until all 
 
 the business is disposed of. These sittings shall be attended 
 
 by the Grand Jury, and all other persons whose duty it 
 
 may be to attend the sittings of the Court in connection 
 
 with the criminal business thereof. (C. 19 of 1879, sec. 6.) 
 
 (785.) 12. A panel of thirty -six petit jurors shall be drawn 
 
 fax sittings. * '' and sumuioned to attend each sittings of the Supreme Court 
 
 in Halifax, and such jurors shall be and remain in attend=' 
 
 ance until dismissed by the Court. The Court may 
 
 discharge the jurors at any time during the sittings, and 
 
 ma^' direct a new panel or panels to be forthwith drawn 
 
 and summoned to attend for such period as the Court shall 
 
 direct. The regular panels for the March and April 
 
 sittings, shall be drawn during the annual session 
 
 mentioned in Rule 2, and those for the October and 
 
 November sittings, during the preceding sittings. (C. 19 of 
 
 1879, sec. 7.) 
 
 (786.) 13. The fine payable by each petit juror for non- 
 
 Stendance°°of attendance shall be two dollars for the first day, and for 
 
 Jurors. eveiy subsequent day such sum as the Court shall direct, 
 
 not exceeding twenty dollars. The fine for non-attendance 
 
 of each special juror and for each grand juror shall be five 
 
 dollars for the first day, and for every subsequent day such 
 
 sum as the Court shall direct^ not exceeding forty dollars. 
 
 (C. 19 of 1879, sec. 17.) 
 
 (787.) 14. The Prothonotary shall on each day the Court is 
 
 coHeotion of jjj session, deliver to the SheriflF a warrant for the collection 
 
 of all jury fines incurred the previons day, and the Sheriff 
 
 shall within two days thereafter, at the opening of the 
 
 Court, return such warrant with his doings thereon to the 
 
 presiding Judge^ and the Sheriif shall be entitled to receive. 
 
CHAP. 104.] RULES— SESSIONS, SITTINGS, VACATIONS, ETC. 959 
 
 for his services, ten per cent, of the moneys collected by him Order lviii. 
 under warrant. This and the next preceding Rule shall '^''- ^5— 19. 
 extend to the whole Province. (C. 19 of 1879, sec. 18.) 
 
 15. Special juries shall be drawn, in the manner (788.) 
 heretofore customary, without any order therefor, whenever ^p^"'*' J"™^' 
 notice shall have been given, in accordance with any of 
 
 these Rules, that the cause or matter, or any issue or 
 question therein, is to be tried by a special jury. 
 
 16. If during the spring circuits all the causes for trial . (™9.) 
 
 on the docket at Amherst, Yarmouth, Bridgetown, Pictou, tinned in certain 
 
 or Arichat have not been reached, the term .shall be"^™''^*' 
 
 continued for the trial of said causes in each of said places 
 
 until the Saturday preceding the day appointed for the 
 
 opening of the first Court of the summer term on the same 
 
 circuit, or until all the causes for trial on the docket have 
 
 been tried ; and the jury summoned and in attendance for the 
 
 trial of causes at said term shall continue to be the jury for 
 
 the trial of causes at the extension of said term, until a new 
 
 jury has been summoned. (G. 13 of 1880, sec. 13.) 
 
 17. The several Judges presiding at the term of the (tm.) 
 Court at the places in the next preceding Rule specified, if pd;irjurora to 
 they find the term will probably be protracted over one ^^ drawn. 
 week beyond the time now limited therefor, shall direct 
 
 that an extra panel of petit jurors shall be drawn in the 
 manner provided by law, who shall be forthwith summoned 
 and bound to attend at such time as shall be prescribed in 
 the order therefor and until the close of said term, or until 
 another jury has been in like manner summoned. (C. 13 
 of 1880, sec. 14.) 
 
 18. At each spring term in the several counties of the (79i). 
 Province, except the counties of Cumberland, Yarmouth, j^rofsTor sum- 
 Annapolis, Pictou, and Richmond, besides the juries required ™^''^™' 
 
 to be drawn under the law in that behalf, an additional 
 jury for each of the said counties shall be in like manner 
 drawn for the summer terms, and writs of venire facias 
 for the summoning of the said juries for said summer 
 terms, shall be issued and delivered to the Sheriff's of the 
 several counties in which said summer terms are to be held, 
 who shall cause said jurors to be duly summoned, in 
 accordance with the provisions of the law relating to the 
 summoning of jurors ; but iii any county in which no 
 summer term is to be held, in consequence of there being no 
 causes left for trial at the spring term, no writ of venire 
 facias shall be issued, but the names of the several jurors 
 drawn for any such term shall be'returned to the jury box. 
 (C. 13 of 1880, sec. 15.) 
 
 19. It shall be competent for the Judge presiding at any (792.) 
 Court in any county to cause, at any time, a jury to be wheMver'^re! 
 
 quired. 
 
960 EULES — SESSIONS, SITTINGS, VACATIONS, ETC. [PART III. 
 
 Order Lviii. drawn and summoned for such time as he may deem 
 rr. 20—24. necessary, and also to discharge any jury in attendance. 
 (C. 13 of 18.S0, sec. 16.) 
 
 (793) 20. In case a Judge shall be prevented from arriving 
 
 joumed if Judge at the place appointed for holding a Court, on the day 
 does not arrive. Q^^^ f^j. folding the Same, the Sheriff shall give public 
 notice that the Court will meet on the day following, and 
 shall continue to give such notice from day to da}' for 
 three successive days, unless a Judge shall in the meantime 
 ariive. (P. A. 24.) 
 
 (794.) 21. In Halifax there shall be a vacation to extend 
 
 from the fifteenth day of July to the fifteenth day of 
 September in each year. During vacation no contested 
 business shall be transacted except such as relates to the 
 liberty of the subject, and neither party to a suit in which 
 an appearance has been entered shall be compelled to deliver 
 any pleading. If the time for delivering a defence in a 
 cause in which the defendant has appeared has not expired 
 previously to the sixteenth day of July, it shall, without 
 any order to that effect, stand extended until the expiration 
 of five days after the last day of vacation, and if any 
 writ, defence, or other pleading be delivered during vacation 
 the same time shall be allowed to the opposite party as if 
 it were delivered on the last day of vacation. Nothing in 
 this Rule contained shall prevent the issue of process, or 
 the tran.saction of any business which may be done ex 
 parte, or the entering of judgment by default in any suit 
 in which no appearance is entered, nor interfere with the 
 hearing during vacation of causes remaining undisposed 
 of at the annual session, nor shall this Rule affect the 
 validity of any proceedings had or taken during vacation 
 by order of the Court or a Judge, authorizing such pro- 
 ceedings to be had or taken notwithstanding the vacation. 
 (C. 13 of 1880, sees. 7 and 8.) 
 
 (795.) 22. If any person commit a contempt by disobedience, 
 
 durin "vacation, during Vacation, or otherwise, of the rules, order or 
 judgment of the Court or a Judge, proceedings on such 
 contempt, or for enforcing such rale, order, or judgment, 
 may be had and taken, notwithstanding the provisions of the 
 last preceding Rule in reference to vacation. (P. A. 240.) 
 
 Days ^If ■ mm- ^^- '^^^ ^^J^ °^ ^^^ Commencement and termination 
 niencement and of the Vacation shall not be included in the vacation. 
 
 termination not 
 
 '"'''"p97.) 24. If the business which heretofore was transacted on 
 
 equ^ytusLss *^® Equity side of the Supreme Court shall be transferred 
 
 exempted from to any one of the Judges, he shall not be required to attend 
 
 "^ "" ■ the circuits, unless the ilhiess of a Judge, or other sufficient 
 
 cause, shall render it necessary for him to do so. (S. C. A. 7.) 
 
CHAP. 104.] RULES— OFFICERS AND THEIR DOCUMENTS. 961 
 
 25. The presiding Judge may, from time to time, in Order lviii. 
 his discretion, extend and adjourn any term to such period . ^- ^^• 
 
 and for such time as he may deem necessary for the j^^^^^™^^ g^, 
 disposal of the causes on the docket. (P. A. 11.) jo"™ and ex- 
 
 * ■ ^ ' tend tenii. 
 
 OEDER LIX. Order LIX. 
 
 rr. 1—7. 
 
 OFFICEKS AND THEIR DOCUMENTS. 
 
 1. The official .seals in use by the respective Prothono- (799.) 
 taries on the second day of October, A. D. 1884, shall ^*^^' 
 continue to be the seals used, but may be changed as the 
 Chief Justice from time to time may direct. (E. 890,) 
 
 2. All copies, certificates, and other documents appear- . ^. (*°?)^. 
 
 1 T 1 ■ 1 1 r» 1 /--I 1 1 1 Authenticating 
 
 ing to be sealed with a seal or the C'oiirt, used by thedoeumeAts. 
 Prothonotary, shall be presumed to be authenticated copies 
 or certificates or other documents issued by the Prothono- 
 tary, and may be received in evidence, and no signature or 
 other formality, except the sealing with the Prothonotary's 
 seal, shall be required for the authentication of any such 
 copy, certificate, or other document. (E. 900.) 
 
 3. It shall not be necessary to enrol any judgment or„ (soi.) 
 
 , ,, iiTi* . 1 ^00 , p Enrolment not 
 
 order, whether dated before or since the commencement or necessary. 
 the first day of October, A. D. 1884. (E. 901.) 
 
 4. Proper indexes or calendars to the files or bundles j^^^j^^lg^^^c 
 of all documents filed, shall be kept, so that the same may 
 
 be conveniently referred to wlien required, and such 
 indexes or calendars and documents shall, at' all times 
 during office hours, be accessible to the public on payment 
 of the proper fee. (E. 910.) 
 
 5. There shall also be entered in proper books kept (sos.) 
 for the purpose, the time of delivery of every document at°° Prothono^^ 
 filed in the Prothonotary's office, and such books shall at enSies'therein'!'* 
 all times during office hours be accessible to the public on 
 payment of the proper fee. (E. 911.) 
 
 6. Every iudsfment, order, certificate, petition or (804.) 
 
 , , T . ^ I- ,, Documents num- 
 
 document, made, presented, or used in any cause or matter, bered and dated. 
 shall be distinguished by having plainly written or stamped 
 thereon the year, the letter and the number by which the 
 cause or matter is distinguished in the books kept in the 
 Prothonotary's office. (E. 912.) 
 
 7. There shall also be entered in the Cause Book, the (sob.) 
 date of every judgment, order, and certificate made in cause Book!^'" 
 every cause or matter. (E. 913.) 
 
 62 
 
962 RULES — OFFICERS AND THEIR DOCUMENTS. [PAKT III. 
 
 Order LK. 8. For the purpose of enabling all persona fco obtain 
 
 rr. 8—14. precise information as to the state of any cause or matter, 
 
 (806.) and to take the means of preventing improper delay in the 
 
 prooelidings "to pTOgress thereof, the Prothonotary shall, at the request of 
 
 be given. any person, whether a party or not to the cause or matter 
 
 inquired after, but on pa3'ment of the proper fee, give a 
 
 certificate specifying therein the dates and general 
 
 description of the several proceedings vv^hich have been 
 
 taken in the cause or matter. (E. 917.) 
 
 (807.) 9. No affidavit or document filed at the ProthonotaT-y'.s 
 
 to be takenlway office shall be taken therefrom without the order of a 
 
 Judge, and no subpoena for the production of any such 
 
 document shall be issued. (E. 921.) 
 
 (808.) 10. The lorms contained in the Appendices shall be 
 
 '"™^' used in or for the purposes of the Prothonotary 's office, 
 
 with such variations as circumstances may require, 
 
 (E. 925.) 
 
 cierks^^'crown ^^' '^^® Prothonotarics shall continue to perform all 
 
 the duties which appertained to Clerks of the Crown. 
 
 (S. C. A. sec. 10 ) 
 
 (810.) 12. On the first day of each term or sittings the 
 
 statement of-r>i.u a iiiii- ■ r-t l 
 
 fines. Jrrothonotary shall deliver in open Court a correct 
 
 statement of the fines, imposed at the preceding term or 
 sittings, together with a statement of all such as have been 
 collected since the preceding term or sittings. (S. C. A. 
 .sec. 11.) 
 (811.) 13. Any obligation or security which heretofore has 
 
 been, or hereafter may be, ordered by the Court or a Judge 
 to be made to the Prothonotary as the obligee thereof, may 
 be enforced by action at law, and in the name of any 
 succeeding Prothonotary, or of any other such officer, under 
 an order of the Court or a Judge, and such order may 
 prevent the commencement or continuance of any action 
 on any such security by or in the name of the original 
 obligee or his representatives. (S. C. A. sec. 17.) 
 
 (812.) 14. The Prothonotary in each county shall keep a 
 
 shall k'eep'^istB book, wherein he shall cause to be fairly entered an 
 attom™"'^ °* alphabetical list of every warrant of attorney or cognovit 
 actionem filed in his office, on which judgment shall not be 
 immediately entered up, containing the names, additions 
 and descriptions of the respective defendants or persons 
 giving such warrants of attorney or cognovits, and also the 
 names, descriptions and additions of the plaintiffs or 
 persons in whose favor the same shall have been given, 
 together with the number and dates of the execution and 
 filing of the same, and also all other particulars connected 
 with such warrants or cognovits ; which book, and every 
 warrant or cognovit so filed, may be searched and viewed 
 
CHAP. 104.] BOLES— OS'S'ICERS AND THEIR DOCUMENTS. 963 
 
 by any person during office hours on a fee of twentj'^ cents order lix. 
 for each search ; and the Prothonotary shall also be entitled — ''• ^^~^^- 
 to receive from the party filing each warrant or cognovit, 
 the sum of twenty cents for entering the same. (S. C. A. 
 Bee. 18.) 
 
 15. The Prothonotary at Halifax shall keep a book (sis.) 
 wherein shall be entered any judgtnent given which liaufaxto^eep 
 appertains to any other county, which book shall be signed j^ag^^j,^"^'!^ 
 in the usual manner ; and the Prothonotary shall forthwith 
 transmit to the Prothonotary of the county in which such 
 judgment is required to be entered, a correct transcHpt of 
 
 the docket of judgment; and the Prothonotary to whom 
 the same may be transmitted shall copy such judgment 
 into the county judgment book, and file the ti'anscript with 
 the papers in the cause j and the entry so made from the 
 transcript shall have the like effect as if the same had been 
 signed by a Judge in the judgment book into which it shall 
 be so copied. The postage on the transmitting of any such 
 papers shall be taxed as costs in the cause. (S. G. A., sec. 19.) 
 
 16. The Prothonotary of every county shall, whenever (su.) 
 required, furnish to the solicitors or parties requiring the fu7nUh"°birf S 
 same, a bill of the items of his own, the crier's and consta- '**™', ^i^^" ■■«■ 
 
 Quirscl. 
 
 ble's fees, under penalty of twenty dollars ; and nothing 
 shall be taxed for such fees if the demand be made and not 
 complied with before taxation of the costs in the cause. 
 (S. 0. A., sec. 20.) 
 
 17. The commissioners for taking affidavits to hold to (815.) 
 bail and recognizances of bail, appointed and hereafter to S°™ng'°"|J? 
 be appointed by the Governor-in-Council, shall continue to tioran. 
 have authority to allow writs oi certiorari and to order such 
 
 writs to issue, and to indorse the same, when no Judge shall 
 be in the county wheie the proceedings for such certiorari 
 are taken. They shall also have authority to administer 
 oaths, and to take affidavits in causes and matters relating 
 to the Court and its proceedings, and also to take the 
 examination of witnessess aged, infirm-, or about to leave 
 the Province. (C. 1 of 1874, see. 1, and C. 2 of 1882, 
 ■sec. 10.) 
 
964 EULES — TIME. [PART III. 
 
 Order LX. OEDEK LX. 
 
 rr. 1-7. 
 
 (816.) 1. Where by these Rules, or by any judgment or order 
 
 calendar month, gfiven or made after the commencement of the first day of 
 October, A.D., 1884, time for doing any act or taking any 
 proceeding is limited by months, and where the word 
 " month " occurs in any document which is part of any legal 
 procedure under these Rules, such time shall be computed 
 by calendar months, unless otherwise expressed. (E. 961.) 
 (817.) 2. Where any limited time less than six days from or 
 
 cornited in'cer-after any date or event is appointed or allowed for doing 
 tain cases. g.j^y ^^^ ^j. ta^jng any proceeding. Sunday, Christmas Day, 
 and Good Friday shall not be reckoned in the computation 
 of such limited time. (E. 962.) 
 (818.) 3. Where the time for doing any act or taking any 
 
 time on'sunday. proceeding expircs on a Sunday, or other day on which the 
 Prothonotary's office is closed, and by reason thereof such 
 act or proceeding cannot be done or taken on that day, such, 
 act or proceeding shall, so far as regards the time of doing 
 or taking the same, be held to be duly done or taken if 
 done or taken on the day on which the offices shall next be 
 open. (E. 963.) 
 (819.) 4. The day on which an order for security for costs is 
 
 for^security 'for served, and the time thenceforward until and including the 
 "'^'^- day on which such security is given, shall not be reckoned 
 
 in the computation of time allowed to plead, answer inter- 
 rogatories, or take any other proceeding in the cause or 
 matter. (E. 966.) 
 (820.) 5. The Court or a Judge shall have power to enlarge or 
 
 or'abridg™t?m^^ abridge the time appointed by these Rules, or fixed by any 
 order enlarging time, for doing any act or taking any 
 proceeding, upon such terms (if any) as the justice of the case 
 may require, and any such enlargement may be ordered 
 although the application for the same is not made until 
 after the expiration of the time appointed or allowed. (K. 
 967.) 
 (821.) , 6. The time for delivering, amending, or filing any 
 
 ranS."™ pleading, answer, or other document may be enlarged by 
 consent in writing, without application to the Court or a 
 Judge. (E. 968.) 
 (822.) 7. Service of pleadings, notices, summonses, orders, 
 
 ^ours for ser- j.^^^^^ ^^^ Q|.jjgy proceeding, shall be effected before the hour 
 of six in the afternoon, except on Saturdays, when it shall 
 be efiected before the hour of two in the afternoon. Service 
 effected after six in the afternoon on any week day except 
 Saturday shall, for the purpose of computing any period of 
 
CHAP. 104.] RULES — ASSIGNMENT OF CHOSES IN ACTION. 9G5' 
 
 time subsequent to such service, be deemed to have been Order lx. 
 
 effected on the following day. Service effected after two '^^- ^~^- 
 
 in the afternoon on Saturday shall for the like purpose be 
 deemed to have been effected on the foUowinir Monday. 
 (E. 971.) 
 
 8. In any case in which any particular number of days, „ (s^s.) 
 
 Jill 1 ■ ., , 1 ''' Computing time 
 
 not expressed to be clear days, is prescribed, the same shall ty days. 
 be reckoned exclusively of the first day and inclusively of 
 the last day. (E. 972.) 
 
 9. In any cause or matter in which there has been no <f^l 
 proceeding for one year from the last proceeding had, the after lapse oi 
 party who desires to proceed shall give a month's notice to*'*'^'^' 
 
 the other party of his intention to proceed. A summons 
 on which no order has been made shall not, but notice of 
 trial although countermanded shall, be deemed a proceeding 
 ■within this Rule. (E. 973.) 
 
 OEDEE LXI. order LXI. 
 
 ASSIGNMENT OF CHOSES IN ACTION 
 
 Any absolute assignment, by writing: under the hand of . _ (825.) 
 
 , • r i. ■i.-iUU c -L 1\ Assignment oon- 
 
 tne assignor (not purporting to be by way or charge only),veysrighttogue. 
 
 of an}' debt or other legal chose in action, of which express 
 
 notice in writing shall have been given to the debtor, 
 
 trustee, or other person from whom the assignor would have 
 
 been entitled to receive or claim such debt or chose in 
 
 action, shall be and be deemed to have been effectual in 
 
 law (subject to all equities which would have been entitled 
 
 to priority over the right of the assignee if this Rule had 
 
 not been made), to pass and transfer the legal right to such 
 
 debt or chose in action from the date of such notice, and 
 
 all legal and other remedies for the same and the power to 
 
 give a good discharge for the same, without the concurrence 
 
 of the assignor. (Imp. Jud. Act, 1873, sec. 25, sub-sec. C.) 
 
 OEDEE LXII. Order LXIl 
 
 ASSIGNMENT OF SECUKITIES TO SUBETY, ETC, 
 
 Every person who, being surety for the debt or duty ^ij^^^gyj-gL 
 of another, or being liable with another for any debt orp^ysdebt oredi- 
 duty, shall pay such debt or perform such duty, shall be securities Sin 
 entitled to have assigned to him or to a trustee for him, "^'^^'^ thereof. 
 
966 
 
 RULES — COSTS. 
 
 [part in. 
 
 Order LXii. every judgment, specialty, or other security which shall 
 be held by the creditor in respect of such debt or duty, 
 whether such judgment, specialty, or other security, shall 
 or shall not be deemed at law to have been satisfied by the 
 paj'ment of the debt or performance of the duty; and 
 such person shall be entitled to stand in the place of the 
 creditor, and to use all the remedies, and, if need be, and 
 upon a proper indemnity, to use the name, of the creditor 
 in any action or other proceeding at law or in equity, in 
 order to obtain from the principal debtor, or any co-surety, 
 or co-contractor, or co-debtor, as the case may be, indemni- 
 fication for the advances made and the loss sustained by 
 the person who shall have so paid such debt or performed 
 such duty; and such payment or ])erformance so made by 
 such surety shall not be pleadable in bar of any such action 
 or other proceeding by him : Provided always, that no co- 
 surety, CO- con tractor, or co-debtor shall be entitled to re- 
 cover from any other co-surety, co-contractor, or co-debtor, 
 by the means aforesaid, more than the just proportion to 
 which, as between those parties themselves, such last 
 mentioned person shall be justly liable. (P. A. 370.) 
 
 Order LXIIL 
 rr. 1—3. 
 
 (827.) 
 Costs discretion- 
 ary. 
 
 Trustees, mort- 
 gagees, &c. 
 
 OEDER LXIIL 
 
 COSTS. 
 
 1. Subject to the provisions of the Act and these Rules, 
 the costs of and incident to all proceedings in the Supreme 
 Court, including the administration of estates and trusts, 
 shall be in the discretion of the Court or Judge : Provided 
 that nothing herein contained shall deprive an executor, 
 administrator, trustee, or mortgagee who has not unreason- 
 ably instituted or carried on or resisted any proceedings, of 
 any right to costs out of a particular estate or fund to 
 which he would be entitled according to the rules hitherto 
 acted upon in equity : Provided also that, where any action, 
 cause, matter, or issue is tried with a jur}', the costs shall 
 follow the event, unless the Judge by whom such action, 
 cause, matter or issue is tried, or the Court, shall, for good 
 cause, otherwise order. (E. 976.) 
 
 2. When issues in fact and law are raised upon a claim 
 or counter-claim, the costs of the several issues respectively, 
 both in law and fact, shall, unless otherwise ordered, follow 
 the event. (E. 977.) 
 
 Costs *!n^iauses '^' ^^ ^ cause be removed from an inferior Court hav- 
 removed from ing jurisdiction in the cause, the costs in the Court below 
 in enor Court, gj^^jj .^^ costs in the cause, unless the Court or a Judge 
 shall otherwise order. (E. 97(3.) 
 
 Jury cases. 
 
 (828.) 
 Costs on several 
 issues. 
 
CHAP. 104.] EULES— COSTS. 967 
 
 4. Where upon the trial of any cause or matter it ap- Order LXiii. 
 pears that the same cannot conveniently proceed by reason ^^- ^^^" 
 
 of the solicitor for any party having neglected to attend (83o.) 
 
 personally, or by some proper peison on his behalf, or hav- ^}ay*uabte"OT^ 
 
 ing omitted to deliver any paper necessary for the use of "°^'^- 
 
 the Court or Judge, and which according to the practice 
 
 ought to have been delivered, such solicitor shall personally 
 
 pay to all or any of the parties such costs as the Court or 
 
 Judge shall think fit to award. (E. 980) 
 
 5. When the plaintiff in any action resides out of Nova gggurily ^r 
 Scotia, and the defendant, by affidavit of himself or hiseosts. 
 agent, allies that he has a good defence on the merits 
 
 to the action, the defendant shall be entitled to an order 
 requiring the plaintiff, within three months (or such other 
 and further time as the Court or Judge may deem right) 
 from the service of the order, to give security for the 
 defendant's costs, and staying all further proceedings in 
 the meantime, and directing that in default of such security 
 being given the action be dismissed with costs, unless the 
 Court or Judge, on special application for that purpose, 
 shall otherwise order. (O. 431.) 
 
 6. In any cause or matter in which security for costs (8S2.) 
 
 is required, the security shall be of such amount, and be curity for costs. 
 given at such times, and in such manner and form, as the 
 Court or a Judge shall direct. (E. 981.) 
 
 7. Wheie a bond is to be given as security for costs, (sss.) 
 
 it shall, unless the Court or a Judge shall otherwise direct, party for seour- 
 be given to the party or person requiring the security, and'*^' 
 not to an officer of the Court. (E. 982.) 
 
 8. Where a petition in any cause or matter is served.,,, ^ ^^^t) ^ 
 
 L V XcnQGr of cosiis 
 
 and notice is given to the party served that in case of his on service ofpe- 
 
 appearance in Court his costs will be objected to, and*'*'°°' 
 
 accompanied by a tender of costs for perusing the same, 
 
 the amount to be tendered shall be $-5. The party making 
 
 such payment shall be allowed the same in his costs, 
 
 pTOvided such service was proper, but not otherwise; but 
 
 this order is without prejudice to the rights of either party 
 
 to costs, or to object to costs where no such tender is made, 
 
 or where the Court or Judge shall consider the party 
 
 entitled, notwithstanding such notice or tender, to appear in 
 
 Court. (0. 434). 
 
 9. If in any case it shall appear to the Court or a Judge (sss.) 
 that costs have been improperly or without any reasonable inourred^&c." ^ 
 cause incurred, or that by reason of any undue delay in 
 proceeding under any judgment or order, or of any miscon- 
 duct or default of the solicitor, any costs properly incurred 
 
 have nevertheless proved fruitless to the person incurring 
 the same, the Court or Judge may call on the solicitor of 
 
968 EULES— COSTS, [PART III. 
 
 Order LXiil. the person by whom such costs have been so incurred to 
 rr. 10—16. siinty cause why such costs should not be disallowed as 
 between the solicitor and his client, and also (if the 
 circumstances of the case shall require) why the solicitor 
 should not repay to his client any costs which the client 
 may have been ordered to pay to any other person, and 
 thereupon may make such order as the justice of the case 
 may require. Such notice (if any) of the proceeding's or 
 order shall be given to the client, in such manner as the 
 Court or Judge may direct. Any costs of the solicitor 
 attending shall be paid by such parties or out of such 
 funds as the Court or a Judge may direct, (E. 986.) 
 (836.) _ 10. Where the Court or a Judge appoints one of the 
 
 who is guardian solicitors of the Court to be guardian ad litem of an infant 
 adiitem. ^^^ person of unsound mind, the Court or Judge may direct 
 
 that the costs tn be incurred in the performance of the 
 duties of such ofBce shall be borne and paid either by the 
 parties or some one or more of the parties to the cause or 
 matter in which such appointment is made, or out of any 
 fund in Court in which such infant or person of unsound 
 mind may be interested, and may give directions for the 
 repayment or allowance of such costs as the justice and 
 circumstances of the case may require. (E. 988.) 
 
 (837.) 11. A.set-off for damages or costs between parties may 
 
 to™ffecrs°et-ofl! be allowed, notwithstanding the solicitor's lien for costs in 
 the particular cause or matter in which the set-ofF is sought, 
 if the Court or Judge think fit. (E. 989.) 
 (838.) 12. Costs may be taxed on an award, notwithstanding 
 
 Costs on award. ^j,g ^-^^^ f^^. getting aside the award has not elapsed. 
 (E. 990.) 
 (839.) 13. Before taxing costs accruing in Halifax, one day's 
 
 ©"taxation""''''' lotice of taxing costs, together with a copy of the bill of 
 
 costs shall be given by the solicitor of the party whose 
 
 costs are to be taxed to the other party or his solicitor, in 
 
 all cases whei'e a notice to tax is necessary. (E. 991.) 
 
 (840.) 14. Notice of taxing costs shall not be necessary in 
 
 ^?y"«*here"no^" any case where the defendant has not appeared in person, 
 
 appearance. or by his solicitor Or guardian. (E. 992.) 
 
 (841.) 15. The Prothonotary may tax costs, and etiter, sign, 
 
 prothonStaTy'*^"*^ ^^^^ ^" *'^® judgment book for the county wherein he 
 
 may enter judg- resides, in the usual form, judgment in. any undefended 
 cause, brought for the recovery of a debt, by confession or on 
 default, where particulars are annexed to the writ, (except 
 in cases of foreclosure of mortgages ) which shall be as 
 valid as if signed by a Judge; but such taxation and 
 judgment, or either of them, may be reviewed and set aside 
 within twelve months by the Court or a Judge. If the 
 costs be reduced on the taxation, the Prothonotary shall 
 
CHAP. 104.] RULES — COSTS. 969 
 
 minute such reduction on the margin of the docket, and Order LXiii. 
 
 the amount shall be deducted in the order for levy on the -i£iJ^=??i- 
 
 execution ; or, if previously paid, may be recovered by 
 
 action, as in the case of debt ; and in case of any deduction 
 
 being made from the amount of any bill, the costs of the 
 
 review and re-taxation shall be borne by the solicitor 
 
 whose bill has been so reduced. (P. A. 243.) 
 
 16. The Prothonotary shall examine and compare all„.„ (s*^)^ , 
 
 Vll i; L ^ , ■ ,1 . ,1 . ■ ,1 ""'^ °' "OS's to 
 
 DiJls 01 costs, and ascertain that they contain no other or be examined by 
 greater fees than are allowed by law ; no allowance per P'^°**'°''°t^''y- 
 folio shall be made but upon his certificate of the number 
 of folios ; and, except as in the last preceding Rule 
 otherwise provided, before any such bill shall be charged 
 against the plaintiff or defendant, it shall be allowed and 
 signed by a Judge. CP. A. 244.) 
 
 17. Any person taking other or greater fees than are (843.) 
 by law allowed shall, for such offence, forfeit to the party in™^ excessive 
 aggrieved forty dollars, and also the amount of such''"'^- 
 excessive fees. (P. A. 246.) 
 
 18. When interlocutory costs shall be taxed against j,j^^^^^^*^)j^^.^ 
 any party, execution may be issued for the recover}' teriooutory 
 thereof. (P. A. 25.5.) •^'''• 
 
 19. Costs may be sued for and recovered as any other (8*6.) 
 debts, and either party may have such costs taxed at any sue/fo"''^ 
 time before, or at the trial. Any bill duly taxed before 
 
 trial shall be primd facie evidence that the amount allowed 
 is the correct amount. If the taxation be contested b}' the 
 party against whom such costs are sought to be recovered, 
 the same shall be final. (P. A. 256.) 
 
 20. In actions founded on contract, in which the „ . ^?*H a ■ 
 
 . . 1 • 1 1 • Costs liiaited in 
 
 plaintiff recovers, by judgment or otherwise, a sum certain cases, 
 (exclusive of costs) not exceeding $200, he shall be entitled 
 to no more costs than he would have been entitled to had 
 he brought his action in a County Court, unless the Court 
 or Judge otherwise order. (E. 987.) 
 
 21. In causes and matters commenced on or after the (847.) 
 second day of October, A. D. 1884, solicitors shall be 
 entitled to charge and be allowed the fees in Appendix N., 
 
 and in causes and matters pending when these Rules come 
 into operation the scale of costs heretofore in force, or th,e 
 scale in Appendix N., shall be applied, as either shall seem 
 most applicable. (E. 983.) 
 
 S. — Special Allowances and General Regulations. 
 
 22. The following special allowances and general (848.) 
 regulations shall apply to all proceedings and all taxations 
 
 in the Supreme Court : — 
 
briefs. 
 
 970 RTJLES — COSTS. [PAET III; 
 
 Order LXiii. (1) -A.S to writs of summons requiring special indorse- 
 
 r. 22 . ment, and as to special cases, pleading.s, and affidavits in 
 
 , . f , answer to interrogatories, and other special affidavits, and 
 
 Instructions for , . . i ^-v i -^t-v-at-tt in t a ^ • 
 
 dramng-, allow- admissions Under Order XXXil., Rule 4, the taxing 
 authority may, in lieu of the allowances for instructions 
 and preparing or drawing, and attendances, make such 
 allowance for work, labor, and expenses in or about the 
 preparation of such documents as in his discretion he may 
 think fit. 
 
 Copies allowed (2.) As to drawing any pleading or other document, 
 the fees allowed shall include any copy made for the use of 
 the solicitor, agent, or client, or for counsel to settle. 
 
 Instructions and (3.) As to instructions to suc or defend, or the 
 preparation of briefs, if the taxing authority shall on 
 special grounds consider the fee provided inadequate, he 
 may make such further allowance as he shall in his 
 discretion consider reasonable. 
 
 Affidavits; allow- (4.) As to affidavits, when there are several deponents 
 
 rave. ^^ ^^ sworn, or it is necessary for the purpose of any 
 
 affidavit being sworn to go to a distance, or to employ an 
 
 agent, such reasonable allowance may be made as the 
 
 taxing authority in his discretion may think fit. 
 
 Affidavits; ai- (5.) The allowances for instructions and drawing an 
 ciudes^^ttend- affidavit in answer to interrogatories, and other special 
 ances. affidavits, and attending the deponent to be sworn, include 
 
 all attendances on the deponent to settle and read over. 
 
 One solicitor for ((j.) As to delivery of pleadings, services, and notices, 
 pa les. ^^ j^^^ ^^^ ^^^ j.^ -^^ allowed when the same solicitor, or 
 firm of solicitors, is for both parties, unless it be necessary 
 for the purpose of making an affidavit of service. 
 
 Perusals. (7.) As to perusal?, the fees are not to apply where 
 
 the same solicitor, or firm of solicitors, is for both parties. 
 
 Separate plead- (8.) Where the Same solicitor, or firm of solicitors, is 
 liStpr.^ °"^ ^ employed for two or more defendants, and separate pleadings 
 are delivered, or other proceedings had, by or for two or 
 more such defendants separately, the taxing authority 
 shall consider, in the taxation of such solicitor's bill of costs, 
 either between party and party or between solicitor and 
 client, whether such separate pleadings or other proceed- 
 ings were necessary or proper, and if he is of opinion that 
 any part of the costs occasioned thereby has been unneces- 
 sarily or improperly incurred, the same shall be disallowed. 
 
 Evidence. (9.) As to evidence, such just and reasonable charges 
 
 and expenses as appear to have been properly incurred in 
 procuring evidence, and the attendances of witnesses, are to 
 be allowed. 
 
CHAP. 104.] RULES— COSTS. 971 
 
 (10.) As to agency correspondence, in country agency Order LXin. 
 
 causes and matters, if it be shown to the satisfaction of the 1-?^?^ 
 
 taxing authority that such correspondence has been special correspondence. 
 and extensive, he is to be at liberty to make such special 
 allowance in respect thereof as in his discretion he may 
 think proper 
 
 (1 1 .) As to attendances at the Judges' Chambers, where costs of neglect 
 by reason of the non-attendance of any party (unless it be chambers. 
 considered expedient to proceed ex partp), or where by rea- 
 son of the neglect of any party in not being prepared with 
 any proper evidence, account or other proceeding, the 
 attendance is adjourned without any useful progress being 
 made, the Judge may order such an amount of costs, if any, 
 as he shall think reasonable to be paid to the party attend- 
 ing by the party so absent or neglectful, or by his solicitor 
 personally ; and the party so absent or neglectful is not to 
 be allowed any fee as against any other party, or any estate . 
 or fund in which any other party is interested. 
 
 (12.) In a folio every figure comprised in a column, ^'oHo- 
 or authorized to be used, shall be counted as one 
 word. 
 
 (13.) Such costs of procuring the advice of counsel on Advice of ooun- 
 the pleadings, evidence, and proceedings in any cause or 
 matter as the taxing authority shall, in his discretion, think 
 just and reasonable, and of procuring counsel to settle such 
 pleadings and special affidavits as the taxing authority 
 shall, in his discretion, think proper to be settled by counsel, 
 are to be allowed ; but as to affidavits, a separate fee is not 
 to be allowed for each affidavit, but one fee for all the affi- 
 davits proper to be so settled, which are or ought to be filed 
 at the same time. 
 
 (14.) As to counsel attending at Judges' Chambers, nocounsersattend- 
 costs thereof shall in any case be allowed, unless the Judge bera. 
 deems it to be a proper case for counsel to attend. 
 
 (15.) As to inspection of documents under Order XXX., inspection. 
 Rule 15, no allowance is to be made for any notice or in- 
 spection, unless it is shown to the satisfaction of the taxing 
 authority that there were good and sufficient reasons for 
 giving such notice and making such inspection. 
 
 (16.) As to taking copies of documents in possession of Taking copies, 
 another pai-ty, or extracts therefrom, under Rules of Court 
 or any special order, the party entitled to take the copy or 
 extract is to pay the solicitor of the party producing the 
 document. for such copy or extract as he may, by writing, 
 require, at the rate of ten cents per folio ; and if the solici- 
 tor of the party producing the document refuses or neglects 
 to supply the same, the solicitor requiring the copy or ex- 
 tract is to be at lilaerty to make it, and the solicitor for tha 
 
972 
 
 RULES — COSTS. 
 
 [part III. 
 
 Order Lxiii. party producing is not to be entitled to any fee in respect 
 
 "^^^ — thereof. 
 
 Improper and (['J) fhc Court or JudgB mav, at the hearing of any 
 
 unnecessary ^ -^ ^ ;. . ° -,. ,' 
 
 costs. cause or matter, or upon any application or proceeding in 
 
 any cause or matter, in Court or at Chambers, and whether 
 the same is objected to or not, direct the costs of any in- 
 dorsement on a writ of summons, pleading, summons, affi- 
 davit, evidence, notice requiring a statement of claim, notice 
 to produce, admit, or cross-examine witnesses, account, state- 
 ment, procuring discovery by interrogatories or order, appli- 
 cations for time, bills of costs, service of notice of motion 
 or summons, or other proceeding or any part thereof, which 
 is improper, vexatious, unnecessary, or contains vexatious 
 or unnecessary matter, or is of unnecessary length, or caused 
 by misconduct or negligence, to be disallowed, or may re- 
 quest the taxing authority to look into the same and to 
 di.sallow the costs thereof, or of such part thereof as he 
 shall find to be improper, unnecessary, vexatious, or to con- 
 tain unnecessary matter, or to be of unnecessary length, or 
 caused by misconduct or negligence ; and in such case the 
 party whose costs are so disallowed shall pay the costs 
 occasioned thereby to the other parties ; and in any case 
 "where such question shall not have been raised before, and 
 dealt with by the Court or Judge, it shall be the duty of 
 the taxing authority to look into the same (and, as to evi- 
 dence, although the same may be entered as read in any 
 decree or order) for the purpose aforesaid, and thereupon 
 the same consequences shall ensue as if he had been speci- 
 ally requested to do so. 
 
 (18.) In any case in which, under the last preceding 
 regulation, or any other Hule of Court, or by the order 
 or direction of a Court or Judge, or otherwise, a party 
 entitled to receive costs is liable to pay costs to any other 
 party, the taxing authority may tax the costs such party 
 is so liable to pay, and may adjust the same by way of 
 deduction or set-off, or may, if he shall think fit, delay the 
 allowance of the costs such party is entitled to receive 
 until he has paid or tendered the costs he is liable to pay ; 
 or such authority may allow or certify the costs to be paid, 
 and direct payment thereof, and the same may be recovered 
 by the party entitled thereto in the same manner as costs 
 ordered to be paid may be recovered. 
 
 (19.) Where any party appears upon any application 
 or proceeding in Court or Chambers, in which he is not 
 interested, or upon which according to the practice of the 
 Court he ought not to attend, he is not to be allowed any 
 costs of such appearance unless the Court or a Judge shall 
 expressly direct such costs to be allowed. 
 
 Deduction for 
 unnecessary 
 costs caused. 
 
 Improper 
 pearance. 
 
 ap- 
 
CHAP. 104.] RULES— COSTS. 973 
 
 (20.) The costs of applications to extend the time for order lxiii. 
 
 taking any proceedings shall be discretionary unless the — —?^ 
 
 Court or Judge shall have specially directed how the costs costs of extend- 
 
 are to be paid or borne. The taxing authority shall not'""^*™^' 
 
 allow the costs of more than one extension of time, unless 
 
 he is satisfied that such extension was necessary, and could 
 
 not, with due diligence, have been avoided. The costs of 
 
 a summons to extend time shall not be allowed in cases to 
 
 which Rule 6 of Order LX. applies, unless the party taking 
 
 out such summons has previously applied to the opposite 
 
 party to consent and he has not given a consent to a 
 
 sufficient extension of time, or the taxing authority shall 
 
 consider there was a good reason for not making such 
 
 application ; and in case the taxing authority shall not 
 
 allow the costs of such summons, and shall consider that 
 
 the party applying ought to pay the costs of any other 
 
 party occasioned thereby, he may direct such payment 
 
 or deal with such costs in the manner provided by 
 
 Regulation 18. 
 
 (21.) As to costs to be paid or borne by another party, unnecessary 
 no costs are to be allowed which do not appear to have ^"^jy'^^'^^*'^^" 
 been necessary or proper for the attainment of justice, or disallowed. 
 defending the rights of the party, or which appear to have 
 been incurred through over-caution, negligencCj mistake, or 
 merely at the desire of the party. 
 
 (22.) As to any work and labor properly performed work and labor 
 and not herein provided for, and in respect of which fees"°'P''°"'*^'*'°''- 
 have heretofore been allowed, the same or similar fees are 
 to be allowed for such work and labor as have heretofore 
 been allowed. 
 
 (23.) When the plaintiff is directed to pay to the costs occasioned 
 defendant the costs of the cause, the costs occasioned to a *'y *'"^"'^'"''"*- 
 defendant by any amendment of the plaintiff's pleadings 
 shall be deemed to be part of such defendant's costs in the 
 cause (except as to any amendment which shall appear to 
 have been rendered necessary by the default of such 
 defendant); but there shall be deducted from such costs 
 any sum which may have been paid by the plaintiff 
 according to the course of the Court at the time of any 
 amendment. 
 
 (24.) Where upon taxation a plaintiff who has obtained Defendant's 
 a judgment with costs is not allowed the costs of any pJafntwl''*'^ 
 amendment of his pleadings on the ground of the same ^"aSo™^' 
 having been unnecessary, the defendant's costs occasioned 
 by such amendment shall be taxed, and the amount thereof 
 deducted from the costs to be paid by the defendant to 
 the plaintiff. 
 
974 RULES— NOTICES, ETC. [paRT 111. 
 
 order LXiii, f2o.) The allowances in respect of fees to conveyancing 
 ^' ^^' counsel, and to any accountants, merchants, engineers. 
 
 Experts, Ac actuaries, and other scientific persons to whom any question 
 is referred, shall be regulated by the Court or Judge, whose 
 decision shall be final. 
 
 No retaining fee (26.) No retaining fee to counsel shall be allowed on 
 
 for counsel. taxation as between party and party. 
 
 Conferences. (27>) Fecs for Conferences are not to be allowed in 
 
 any cause or matter in addition to the solicitor's and 
 counsel's fees for drawing and .settling, or perusing any 
 pleadings, aifidavits, deeds, or other proceedings, or for 
 advising thereon, unless it shall appear for some special 
 reason that a conference was necessary or proper. (E. 1002.) 
 
 Costs as between (28.) Where the costs of one defendant ought to be 
 defendants, ^^^^ j^y another defendant, the Court may order payment 
 
 to be made by the one defendant to the other directly. 
 
 (0. Chan. Or., 319.) 
 
 brd^r LXiv. ORDER LXIV. 
 
 fr. 1, 2. 
 
 NOTICES, ETC. 
 
 (849.) , 1. All notices required by these Rules shall be in 
 Writing.*" ^° '" writing, unless expressly authorized by the Court or a Judge 
 to be given orally. (E. 1003.) 
 
 (860.) 2. All notices given in the progress of or preparatory 
 
 be° 'receiver into a cause, shall be received in evidence on affidavits of the 
 evidence. service thereof made by the solicitors in the cause or their 
 
 clerks, or by any other solicitors or solicitors' clerks (when 
 such solicitors have been employed to perform .some service 
 in the cause) specifying the times and mode of such service. 
 (P. A. 187.) 
 
 Order LXV. ORDER LXV. 
 
 rr. 1, 2. 
 
 SERVICE OF OKDBKS, ETC. 
 
 . .(851) 1. Except in the case of an order for attachment of the 
 
 n^?"nor be pcrson, it shall not be necessary to the regular service of an 
 forStaoifSt O'"^^*" ^^^^ ^^^ original order be shown, if an authenticated 
 
 copy of it be exhibited. (E. 1012). 
 Serviil^oVdoou- ^- "^'^ writs, notices, pleadings, orders, summonses, and 
 nientawhereper- other documents, proceedings, and written communications, 
 
 sonal eer\ace not • t c i • i i . . , . . , ,, , 
 
 necessary. in respect ot which personal service is not requisite, shall be 
 
CHAP, 104.] RULES— SERVICE OF ORDERS, ETC. 975 
 
 sufficiently served if left within the prescribed hours, at Order Lxv. 
 the address for service of the person to be served as defined — '''^' ^~^' — ■ 
 by Orders IV. and XII., with any person resident at or 
 belonging to such place. (E. 1013.) 
 
 3. Notices sent from any office of the Court may be . (sss.) 
 sent by post ; and the time at which the notice so posted """"^ ^ ''°* ' 
 would be delivered in the ordinar)' course of post shall, 
 
 •prima facie, be considered as the time of service thereof, and 
 the posting thereof shall, ^pHma /acie, be a sufficient service. 
 (E. 1014.) 
 
 4. Where no appearance has been entered for a part}', (854.) 
 
 or where a party or his solicitor, as the case may he, has peJanoe"'or m 
 omitted to give an address, as required by Orders IV. and^<i™^^' 
 XII., all writs, notices, pleadings, orders, summonses, and 
 other documents, proceedings, and written communications 
 in respect of which personal service is not requisite, may be 
 served by filing them with the Prothonotary. (E. 1015.) 
 
 .5. Where personal service of any writ, notice, pleading, „ (855.) 
 summons, order, or other document, proceeding, or written vice, 
 communication, is required by these Rules or otherwise, 
 and it is made to appear to the Court or a Judge that 
 prompt personal service cannot be eff'ected, the Court or 
 Judge may make such order for substituted or other service, 
 or for the substitution of notice tor service by letter, public 
 advertisement, or otherwise, as may be just. (E. 1017.) 
 
 6. Where a party after having sued or appeared in (856.) 
 person has given notice in writing to the opposite party or in*p|rson"^afterI 
 his solicitor, through a solicitor, that such solicitor is author- ^^[cito™^'"^'"^ 
 ized to act in the cause or matter on his behalf, all writs, 
 
 notices, pleadings, summonses, orders, and other documents, 
 proceedings, and written communications, which ought to 
 be delivered or served on the party on whose behalf the 
 notice is given, shall thereafter be delivered to or served 
 upon such solicitor. (E. 1018.) 
 
 7. Where a person who is not a party appears in anv„ .(S57.) _ 
 
 * *■ " SsrviCB on solici' 
 
 proceeding, either before the Court or in Chanibers, service torappeanng for 
 on the solicitor by whom such person appears, whether such party!" °°* " 
 solicitor act as principal or agent, shall be deemed good 
 service except in matters requiring personal service. (E. 
 1019.) 
 
 8. Affidavits of service shall state when, where and how, (858.) 
 and by whom, such service was effected, vice, what to con* 
 
 tain, 
 
976 EULES — PENDING BUSINESS. [PART III. 
 
 Order LXVI. OEDEE LXVI. 
 
 rr. 1, 2. 
 
 ■ NOK-APPMCATION OP RULES TO CRIMINAl, AND DIVORCE PROCEEDINGS, ETC. 
 
 . .(859) ]. Nothing in these Rules shall affect the procedure or 
 
 Divorce proceed- practico in Oriminaj Proceeding.'!, or Proceedings for Divorce 
 S S*"^ or other Matrimonial Causes. (E. 1026.) 
 
 (860.) 2. Where pleadings in prohibition are ordered, the 
 
 Prohibmon" pleadings and subsequent proceedings, including judgment 
 
 and assessment ot carnages, if any, shall be, as nearly as 
 
 may be, the same as in an ordinary action for damages. 
 
 (E. 1028.) 
 
 Order Lxvn. OEDEE LXVII. 
 
 rr. 1, 2. 
 
 PENDING BUSINESS. 
 
 (881.) 1. With respect to business pending at the commence- 
 
 iuiel^to a^'ment of the second day of October, A. D. 1884, the 
 procedure is to be as follows : — 
 
 The action shall be continued up to the close of the 
 pleadings, according to the practice of the Court at the time 
 the action was commenced, and afterwards according to the 
 provisions of the Act and of these Rules, subject however 
 to a direction, at the instance of either party, to proceed in 
 whole or in part, at any stage, according to the provisions 
 of the Act and of these Rules. (0. 493.) 
 . ^_,(8'-.) 2. Existing rules nisi and orders nisi, undisposed of. 
 
 Outstanding , i i • i i i -n i i i 
 
 Rules. may be proceeded with under these Rules, or under the 
 
 practice heretofore in force, as the Court or a Judge may 
 order. 
 
 Order LXVIII. OEDEE LXVIII. 
 
 rr. 1, 2. 
 
 EFFECT OP NON-COMPLIANCE. 
 
 Nonc?m Hanc ^' Non-compHance with any of these Rules, or with 
 
 riot fatal. any rule of practice for the time being in force, shall not 
 
 render any proceedings void, unless the Court or a Judge 
 
 shall so direct, but such proceedings may be set aside, 
 
 either wholly or in part, as irregular, or amended, or 
 
 otherwise dealt with, in such manner and upon such terms 
 
 as the Court or a Judge shall think tit. (E. 1037.) 
 
 (864.) 2. No application to set aside any proceedings for 
 
 Hon founded' on irregularity shall be allowed, unless made, within reasonable 
 
 irregularity. 
 
CHAP. 104.] RULES — INTERPRETATION OF TERMS. 977 
 
 time, or if the party applying has taken any fresh step Order lxviii. 
 after knowledge of the irregularity. (E. 1038.) "' ^' ^ — 
 
 3. Where an application is made to set aside proceedings obieotSto be 
 for irregularity, the several objections intended to be set out in sum- 
 insisted upon shall be stated in the summons or notice of 
 
 motion. (E. 1089.) 
 
 4. When a summons is taken out to set aside any i^^^g^^^^l}^^;^^ 
 processor proceeding for irregularity with costs, and the ai of application. 
 summons is dismissed generally, without any special 
 direction as to costs, it is understood as dismissed with 
 
 costs. (E. 1040.) 
 
 OEDER LXIX. Order LXIX. 
 
 rr. 1, 2. 
 
 INTERPRETATION OP TERMS. 
 
 1. The provisions of the 47th section of the Act shall (se?.) 
 apply to these Rules. _ S"^ "' 
 
 In the construction of these Rules, unless there is 
 anything in the subject or context repugnant thereto, the 
 several words hereinafter mentioned or referred to shall 
 have or include the meaning following : — 
 
 " Originating Summons " means a summons by which 
 
 procedings are commenced without writ ; 
 " Person " includes ^ body corporate or politic ; 
 " Receiver " includes consignee or manager appointed 
 
 bj'^ or under an order of the Court ; 
 " Taxing Authority " means the person whose duty it 
 
 is to tax the costs to be taxed ; 
 " The Act " means " The Nova Scotia Judicature Act, 
 
 1884" ; 
 " Master " means a Master of the Supreme Court ; 
 " Prothonotary " includes Deputy Prothonotary ; 
 "Sheriff" includes Deputy Sheriff' Coroner and other 
 
 person discharging the duties of Sheriff in the 
 
 particular case, or for the time being ; 
 " Solicitors " means Attorneys ; 
 " Plaintiff," " defendant," and " party," include bodies 
 
 politic or corporate holding the relation of 
 
 plaintiff, defendant, or party. 
 
 2. In these Rules, unless repugnant to the context, . (sss,) 
 the singular number shall include the plural, and the plural pi",S.*' "'" 
 number shall include the singular. (E. 1042.) 
 
 63 
 
Order LXX. 
 rr. 1-3. 
 
 (869.) 
 No revival by 
 repeal. 
 
 978 ADDITIONAL KULES OF THE SUPREME COURT. [PART tfl. 
 
 OEDER LXX. 
 
 GENERAL BITLBS. 
 
 1. No rule, order, or enactment, repealed by any 
 subsequent rule, order, or enactment, shall be revived by 
 amy of these Rules, unless expressly so declared. (E. 1043.) 
 
 2. Where no other provision is made by the Act or 
 FormefprLtice, tli^se Rules the procedure and practice existing before the 
 when preserved! first day of October, A. D. 1884, shall remain in force, 
 
 notwithstanding the repeal of any provision or enactment. 
 (E. 1044.) 
 
 3. During the period of any vacancy in the office of 
 Vacancy m office Chief Justice, or, in his absence, these Rules shall operate as 
 of Chief Justice, jf ^j^q words " or Senior Judge of the Supreme Court" had 
 
 been inserted after the words " Chief Justice" whenever 
 used. (E. 1045.) 
 
 ADDITIONAL EULES OF THE SUPREME COURT, 1884. 
 
 The Judges of the Supreme Court of Nova Scotia do 
 
 hereby, in pursuance of the powers and authorities enabling 
 
 them in that behalf, order and direct in manner following : 
 
 (8V2.) 1. Examinations of witnesses residing abroad may be 
 
 whora'°^op'ened'i (opened by the Prothonotary at the instance of either party; 
 
 toSik"n ^pro" ^'^'^ either party may notify the other of their being so 
 
 ceedings thereon returned, and no objections to such examinations 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 oVyections and decide 
 
 thereon. (C. 96 R. S., 4th Series, sec. 2.) 
 
 (873.) 2. No examinations of witnesses re.siding abroad or 
 
 not^"to°'be°slt taken de bene esse shall be set aside, unless the Court or 
 
 aside for tech- Judge shall be of opinion that the obiections are not of a 
 
 meal objections. ° i • i i i i "^ ... 
 
 purely technical character, and that substantial justice 
 requires that such objections should prevail. (C. 96 R. S., 
 4th Series, sec. 10.) 
 (874.) 3. The word " heretofore " whenever appearing in the 
 
 "heretofore" Rules made and promulgated the second day of October, 
 in Rules. 1884, shall, unle.ss there is something in the subject or con- 
 
 text repugnant thereto, mean prior to the first day of Octo- 
 ber, 1884. 
 (875.) 4. Affidavits of service of writs of summons may be 
 
 ^S'ofwritl'of made before a Justice of the Peace. 
 
 summons. t i. . i -r* i 
 
 These additional Rules came into force the tenth day of 
 December, A. D. 1884. 
 
'<3HAP. 1(34.] FORMS — WRlTS O'P SUMMOifS, ETC. ' 979 
 
 .A.:PI=E13Sr DICES. App^ A. 
 
 Part I. 
 No. 1. 
 
 I^OBMS. 
 
 ■-iS.I=I=EiTIDI22: .^-. 
 
 PART I. 
 
 ¥ORMS Of" WRITS OF SUMMONS, &o. 
 
 I¥o. 1. 
 
 GENERAL FORM OF WRIT OF SUMMONS. 
 
 18 — . (Here put the letter and number.) 
 
 in the Supreme Court, Between A. B., Plaintiff, 
 
 and 
 C. D. and E. F., Defendants. 
 
 Victoria, by the Grace of God, &c. 
 
 To G. D., of , in the county of — : 
 
 We command you. That within ten days after the 
 service of this writ on you, inclusive of the day of such 
 service, you do cause an appearance to be entered for you 
 in an action at the suit of A. B.; and take notice that in 
 default of your so doing the plaintiff may proceed therein, 
 and judgment may be given in your absence. 
 
 Issued the day of , A. D. 18 — . 
 
 Memorandum to be subscribed on the writ. 
 
 N. B. — This writ is to be served within twelve calendar 
 months from the date thereof, or, if renewed, 
 within six calendar months from the date of 
 th« last renewal, including the day of such date, 
 and not afterwards. 
 
No 2. 
 
 'QW FORMTS — WRITS OF SUMMONS, ETC: [PART III. 
 
 Appx. A. The defendant (or defendants) may appear hereto by 
 ^s-rt I. entering an appearance (or appearances) either 
 "" " - personally or by solicitor at the Prothonotary's-, 
 Office, at , in the County of . 
 
 Indorsements to be made on the writ before issue thereof. 
 
 The plaintiff's claim is for, &c. 
 
 This writ was issued by the said plaintiff, who resides 
 
 at , or, this writ was issued \>y E. F., of ^ 
 
 solicitor for the said plaintiff, , or, this writ was 
 
 issued by G. H., of -, agent for of 
 
 solicitor for the said plaintifi. 
 
 Indorsement to be made on the writ after service thereof. 
 
 This writ was served by me at , on the defendant 
 
 — — , on , the — — day of , 18 — , 
 
 Indorsed the day of , 18- 
 
 (Signed,) 
 
 (Address,) — 
 
 KTo. ar. 
 
 SJECrALLY INDORSED WRIT, ORDER III., RULE 5, 
 
 18 — . (Here put the letter and number.) 
 
 In the Supreme Court. 
 
 Between , Plaintiff, 
 
 and 
 , Defendant, 
 
 Victoria, by the Grace of God, &c. 
 
 To , of , in the couniy of : 
 
 We command you. That within ten days after the 
 service of this writ on you, inclusive of the day of such 
 service, you cause an appearance to be entered for you in 
 
 an action at the suit of . And take notice, 
 
 that in default of your so doing the plaintiff may proceed 
 therein, and judgment may be given in your absence. 
 
 Issued the — — day of — , A. D. 18 — , 
 
'CHAP. 104.] rORMS— WRITS OF SUMMONS, ETC. 'Q'Sl 
 
 N. B. — This writ is to be served within twelve calendar Appx. a. 
 
 months from the date thereof, or, if renewed, within six 
 ■calendar months fi-om the date of the last renewal, includ- ■ 
 ing the day of such date, and not afterwards. 
 
 Appearance is to be entered at the Prothonotary's office, 
 :at — , in the County of . 
 
 Statement of Claim : — 
 
 Th« plaintiff's claim is ■.. 
 
 Particulars : — 
 Place of trial . 
 
 (Signed) . 
 
 And the sum of $ , (or such sum as may be allowed 
 
 ■on taxation,) for costs. If the amount claimed is paid to 
 the plaintiff or h solicitor or agent within six days from 
 the service hereof, further proceedings will be stayed. 
 
 This writ was issued by the said plaintiff, who resides 
 
 at , (or) this writ was issued by E. F., of ■., 
 
 •solicitor for the said plaintiff, , forj this writ was 
 
 issued by G. H., of , agent for , of :, 
 
 •solicitor for the said plaintiff. 
 
 This writ was served by me at , on the defendant, 
 
 , on the day of , 18 — :. 
 
 Ind<wsed the -day of :, 18 — , 
 
 ■(Signed) . 
 
 (Address) :. 
 
 Tio. 8. 
 
 "WRIT FOR SERVICE «UT OF THE JURISDICTION, OR WHERE 
 
 NOTICE IN LIEU OF SERVICE IS TO BE GIVEN 
 
 OUT OF THE JURISDICTION. 
 
 18 — . (Here pvA; the letter and numher.) 
 
 In the ^Supreme Court Between A. B., Plaintiff, 
 
 of Nova Scotia. and 
 
 €. R and E. F., Defendants. 
 
 Victoria, by the Grace of God, &c. 
 
 To a D., of . 
 
 We command you, G. D., That within '(here insert the 
 mMonaher of da^js directed hy the Court or Judge ordering 
 
 Part I. 
 No. 3. 
 
982 FORMS — WRITS OF SUMMONS, ETC. [PART III.. 
 
 Appx. A. the service or notice) after the service of this writ (or notice 
 ^N^*4 ^-^ ^^^ writ, as the ease may he) on you, inclusive of the- 
 
 ^ — '-^ day of such service, you do cause an appearance to be 
 
 entered for you in the Supreme Court at — ■ — -^, in the 
 
 County of , in an action at the suit of A. B.; and 
 
 take notice, that in default of your so doing the plaintiff 
 may proceed therein, and judgment may be given in your 
 absence. Issued, &c. 
 
 Memoranda and Indorsement as in Form No-. 1. 
 
 Indors&ment to be made on the writ before the issue 
 thereof. 
 
 N. B. — This writ is to be used where the defendant, or 
 all the defendants, or one, or more defendant, or defendants 
 is or are out of the jurisdiction. When the defendant to 
 be served is not a British subject, and is not in British 
 dominion, notice of the writ,, and not the writ itself, is to. 
 be served upon him. 
 
 SPECIALLY INDORSED WRIT FOR SERVICE OUT OF THE 
 JURISDICTION. 
 
 (Heading as in Form, 1.) 
 
 Victoria, by the Grace of God, &c. 
 
 To , of , in the of — 
 
 We command you, that within* — days after servicef 
 of this writ on you, inclusive of the day of such 
 
 service, you cause an appearance to be entered for you in 
 an action at the suit of . 
 
 And take notice, that in default of your so doino' the 
 plaintiff may proceed therein, and judgment may be given 
 in your absence. 
 
 Issued, &G. 
 
 N. B.— This writ is to be served within twelve calendar 
 months from the date thereof, or if renewed, within six 
 calendar months from the date of the last renewal, includ-- 
 ing the day of such date, and not afterwards. 
 
 * Insert No. of days directed by Court or Judge. 
 
 t It notice of the writ is to be served, iflsert here, " of notice" 
 
CHAP. 104.] FORMS — WRITS OF SUMMONS, ETC. 983 
 
 Appearance is to be entered at the Office of the Pro- Appx. a. 
 
 thonotary at , in the county of 
 
 Statement of Claim :- 
 The plaintiff's claim is . 
 
 Particulars : — 
 
 Place of trial . 
 
 (Signed) 
 
 And $ (or such sum as may be allowed on taxation) for 
 costs. If the amount claimed is paid to the plaintiff or 
 
 h solicitor or agent within *days from solicitor^f" 
 
 hereof, further proceedings will be stayed. 
 
 This writ was issued, &;c. 
 
 This writ (or notice of this writ) was served, &c. 
 
 N. B. — This writ is to be used where the defendant, or 
 all the defendants, or one or more defendant or defendants, 
 is or are out of the jurisdiction. When the defendant to be 
 served is not a British subject, and is not in British 
 dominions, notice of the writ and not the writ itself is to be 
 served upon him. 
 
 TXo. 5. 
 
 NOTICE OF WRIT, IN LIEU OF SERVICE, TO BE GIVEN OUT OF 
 THE JURISDICTION. 
 
 (Heading as in Form 1.) 
 
 To Q. H., of . 
 
 Take notice that A. B., of , has commenced an 
 
 action against you, G. IL, in the Supreme Court of Nova 
 
 Scotia, by writ of that Court, dated the day of , 
 
 A. D. 18 ; which writ is indorsed as follows (copy in full 
 
 the indorsements), and you are required within days 
 
 after the receipt of this notice, inclusive of the day of such 
 receipt, to defend the said action, by causing an appearance 
 to be entered for you in the said Court to the said action ; 
 and in default of your so doing, the said A.B., may proceed 
 therein, and judgment may be given in your absence. 
 
 "* Insert No. of days limited for appearance. 
 i U notice to be served, insert here " of notice." 
 
 Part I. 
 No. 5. 
 
984 FORMS — ENTRY OF APPEARANCE. [pART III. 
 
 Appx. A. You may appear to the said writ by entering an appear- 
 
 Part II. 
 No. 1. 
 
 ance personally or by your solicitor at the office of tbt 
 Prothonotary at , in the County of . 
 
 (Signed) A. B., of , &c. 
 
 or 
 
 X. Y., of , &;c. 
 
 Solicitor for A. B. 
 In the Supreme Court. 
 
 »fo. 6. 
 
 FORM OF MEMORANDUM FOR RENEWED WRIT. 
 
 (Heading as in Form 1.) 
 
 Seal renewed writ of summons in this action indorsed 
 as follows : — (copy original writ and indorsements.) 
 
 PAET II. 
 
 FOEMS OF ENTRY OF APPEAEANCE. 
 IVo. 1. 
 
 MEMORANDUM OF APPEARANCE IN GENERAL. 
 
 In the Supreme Court. 
 
 18—, No—. 
 
 Between , Plaintiff, 
 
 and 
 
 , Defendant. 
 
 Entered an appearance for in this action. 
 
 Dated the — — day of , 18 — , 
 
 (Signed) , 
 
 of , 
 
 Agent for 
 of 
 
CHAP. 104.] FORMS — ENTRY OP APPEARANCE. 985 
 
 Appx. A. 
 Wo. S. Paxt II. 
 
 Nob. 2, 3. 
 
 NOTICE OF ENTRY OF APPEARANCE. 
 
 (Heading as in form 1.) 
 
 Take notice that — have this day entered an appearance 
 
 at the Prothonotary's office at for the defendant 
 
 to the writ of summons in this action. 
 
 (If statement of claim, is required, add) The said 
 defendant require delivery of a statement of claim. 
 
 Dated the day of , 18 — . 
 
 (Signed,) , 
 
 of , 
 
 Agent for 
 
 Solicitor for the defendant 
 
 To 
 
 IVo. 3. 
 
 NOTICE LIMITING DEFENCE. 
 
 (Heading as in Form, 1.) 
 
 Take notice, that the (dbove-naraed), defendant, (A. B.,) 
 limits his defence to part only of the property mentioned 
 in the writ of summons, namely, to the close, called " The 
 Big Field." 
 
 Dated the day of , 18 — . 
 
 (Signed,) , 
 
 of , 
 
 Agent for 
 of - 
 
 Solicitors for the above-named defendant. 
 
 To Messrs. 
 
 The Plaintiff's Solicitors. 
 
986 FORMS — ENTRY OF APPEARANCE. [PART III. 
 
 Appx. A. Mo. 4. 
 
 Part II. 
 Nos. 4, S, 
 
 ENTRY OF APPEARANCE LIMITING DEFENCE. 
 
 (Heading as in Form 1.) 
 
 Enter an appearance for the defendant in this action. 
 The said defendant limits his defence to part only of the 
 property mentioned in the writ of summons, namely, to the 
 close called " The Big Field." 
 
 The address of ■- — is . 
 
 Dated the day of , 18- 
 
 (Signed,) , 
 
 of , 
 
 Agent for 
 of - 
 
 No. 3. 
 
 ENTRY OF APPEARANCE, Order XVI., Rule 50. 
 
 (Heading as in Form 1.) 
 
 Enter an appearance for to the notice in this 
 
 action, on the — - — day of , 18 — , by the defendant 
 
 under the Rules of the Supreme Court, 1884, Order XVI., 
 Rule 50. 
 
 Dated the day of , 18 — . 
 
 (Signed,) , 
 
 of , 
 
 Agent for 
 of - 
 
CHAP 104.] FORMS— ENTRY OF APPEARANCE. 987 
 
 Wo. e. Appx. A. 
 
 Fart II. 
 ENTRY OF APPEARANCE, Order XVII., Rule 6. 'joa- ^- 
 
 (Heading as in Form 1.) 
 
 Enter an appearance for — .^- — , who has been 
 
 served with an order dated the day of — to. 
 
 carry on and prosecute the proceedings in this action. 
 
 Dated the day of ; IS — . 
 
 (Signed,) , 
 
 of , 
 
 Agent for , 
 
 of . 
 
 Wo. T. 
 
 ENTRY OF APPEARANCE TO COUNTER-CLAIM. 
 
 (Heading as in Form 1.) 
 
 Enter an appearance for to the counter-claim 
 
 of the above-named defendant, , in this action. 
 
 Dated the — ■ — day of , 18 — . 
 
 (Signed,) , 
 
 of , 
 
 Agent for ■ — , 
 
 of . 
 
 Wo. 8. 
 
 AFFIDAVIT FOR ENTRY OF APPEARANCE AS GUARMAN. 
 
 (Heading as in Form, 1.) 
 
 I, , of , make oath and say as follows : — 
 
 A. B., of '■ — , is a fit and proper person to act as 
 
 guardian ad litem of the above-named infant defendant, 
 and has no interest in the matters in question in this 
 
988 FORMS — GENERAL INDORSEMENTS. [PART III. 
 
 Appx. A. action (matter) adverse to that of the said infant, and the 
 PMTt m. consent of the said A. B., to act as such guardian is hereto 
 ' — ' annexed. 
 
 Sworn, &c. 
 
 [To this Affidavit shall be annexed the document signed 
 by such guardian in testimony of his consent to act.] 
 
 PAET III. 
 
 GENERAL INDORSEMENTS ON WRITS OF SUMMONS. 
 
 Section I. 
 
 IN MATTERS OF AN EQUITABLE NATURE. 
 
 The plaintiff's claim is as a creditor of X. Y., of , 
 
 deceased, to have the (real and) personal estate of the said 
 X. Y., administered. The defendant C. D., is sued as the 
 administrator of the said X. F., (and the defendants E. F., 
 and Q. H., as his co-heirs at law). 
 
 2. 
 
 The plaintiff's claim is as a legatee under the will dated 
 
 the day of , 18 — . of X. Y., deceased, to have 
 
 the (real and) personal estate of the said X. Y., administered. 
 The defendant, G. D., is sued as the executor of the said 
 X. Y., (and the defendants, E. F. and 0. H., as his devisees), 
 
 3. 
 
 The plaintifTs claim is to have an account taken of the 
 partnership dealings between the plaintiff and the defendant 
 
 (under articles of partnership dated the day of ), 
 
 and to have the affairs of the partnership wound up. 
 
 4. 
 
 The plaintifTs claim is to have an account taken of 
 what is due to him for principal, interest, and costs on a 
 
 mortgage dated the -^ day of , made between 
 
 (or by deposit of title deeds), and that the 
 
 mortgage may be enforced by sale. 
 
 The plaintiff's claim is to have an account taken of 
 what, if anything, is due on a mortgage dated and 
 
CHAP. 104.] FORMS — MONET CLAIMS. 
 
 made between (parties), and to redeem the property *pp^- *• 
 comprised therein. g u 
 
 6. '—^ 
 
 The plaintiff's claim is that the sum of $ , which by 
 
 an indenture of settlement dated , was provided for 
 
 the portions of the younger children of , may be raised. 
 
 7. 
 
 The plaintiiF's claim is to have the trusts of an indenture 
 dated , and made between , carried into execution. 
 
 8. 
 
 The plaintiff's claim is to have a deed dated , 
 
 and made between (parties), set aside or rectified. 
 
 9. 
 
 The plaintiff's claim is for specific performance of an 
 
 agreement dated the day of , for the sale 
 
 by the plaintiff" to the defendant of certain (freehold) 
 hereditaments at . 
 
 Section II. 
 
 MONEY CLAIMS WHERE NO SPECIAL INDORSEMENT TJNDEE 
 ORDER III., RULE 5. 
 
 The plaintiff's claim is $ for the price of goods sold. 
 
 {This Form shall suffice whether the claim be in respect of 
 goods sold and delivered, or of goods bargained and sold.) 
 
 The plaintiff' sclaim is $ for money lent(and interest.) 
 
 The plaintiff"s claim is $ , whereof $ is for the 
 
 price of goods sold, and $ for money lent, and $ for 
 interest. 
 
 The plaintiff^'s claim is $ for arrears of rent. 
 
 The plaintiff"s claim is $ for arrears of salary as a 
 clerk (or as the case m,ay be.) 
 
 The plaintiff's claim is $ for interest upon money lent. 
 
 The plaintiff"s claim is $ for a general average con- 
 tribution. 
 
 The plaintiff's claim is $ for freight and demurrage. 
 
 The plaintiff's claim is $ for lighterage. 
 
 The plaintiff"s claim is $ for market tolls and stallage. 
 
II. 
 
 090 t-ORMS-^MOifET CLAliHS. [paM III. 
 
 Appx. A. The plaintiff's claim is $ for penalties under the 
 
 pajt^iii. statute. (...) 
 
 The plaintiff's claim is $ for money deposited with 
 the defendant as a banker. 
 
 The plaintiff's claim is $ for fees for work don'e(and 
 $ money expended) as a solicitor. 
 
 The plaintiff's claim is $ for commission earned as 
 (state character as auctioneer, broker, <&c.) 
 
 The plaintiff's claim is $ for medical attendances. 
 
 The plaintiff's claim is % for a return of premiums 
 paid upon policies of insurance. 
 
 The plaintiff's claim is $ for the warehousing of 
 goods. 
 
 The plaintiff^'s claim is $ for the carriage of goods by 
 railway. 
 
 The plaintiff's claim is $ for the use and occupation 
 of a house. 
 
 The plaintiff's claim is $ for the hire of {furniture^) 
 
 The plaintiff's claim is % for work done as a surveyor. 
 
 The plaintiff's claim is $ for board and lodging. 
 
 The plaintiff's claim is $ for the board, lodging and 
 tuition of X. Y. 
 
 The plaintiff's claim is $ for money received by the 
 defendant as solicitor {or factor, or collector, or, &c.,) of the 
 plaintiff. 
 
 The plaintiff's claim is f for fees received by the 
 defendant under colour of the office of 
 
 The plaintiff's claim is $ for a return of money over- 
 charged for the carriage of goods by railway. 
 
 The plaintiff's claim is $ for a return of fees over- 
 charged by the defendant as 
 
 The plaintiff's claim is % for a return of money 
 deposited with the defendant as stakeholder. 
 
 The plaintiff's claim is % for money entrusted to the 
 defendant as stakeholder, and payable to plaintiff. 
 
 The plaintiff's claim is $ for a return of money 
 entrusted to the defendant as agent of the plaintiff. 
 
 The plaintiff's claim is $ for a return of money 
 obtained from the plaintiff by fraud. 
 
 The plaintiff's claim is % for a return of money paid 
 to the defendant by mistake. 
 
 The plaintiff's claim is % for a return of money paid 
 to the defendant for (work to be done, left undone ; or a 
 bill to be taken up, not taken up, or &c.) 
 
 The plaintiff"s claim is $ for a return of money paid 
 as a deposit upon shares to be allotted. 
 
 The plaintiff's claim is % for money paid for the 
 defendant as his surety. 
 
C3AP. 104.] FORMS — MONEY CLAIMS. 991 
 
 The plaintiff's claim is $ for money paid for rent Appx. A. 
 due by the defendant. Part iii. 
 
 The plaintiff"s claim is is $ upon a bill of exchange '■ — '■ — - 
 
 accepted (or endorsed) for the defendant's accommodation. 
 
 The plain tiff"s claim is $ for a contribution in respect 
 of money paid by the plaintiff as surety. 
 
 The plaintiff's claim is $ for a contribution in respect 
 of a joint debt of the plaintiff and the defendant paid by 
 the plaintiff. 
 
 The plaintiff's claim is $ for money paid for calls 
 upon shares, against which the defendant was bound to 
 indemnify the plaintiff. 
 
 The plaintiff's claim is $ for money payable under 
 an award. 
 
 The plaintiff's claim is $ upon a policy of insurance 
 upon the life of X. Y., deceased. 
 
 The plaintiff's claim is $ upon a bond to secure a 
 payment of $1000 and interest. 
 
 The plaintiff's claim is $ upon a judgment of the 
 Court, in the State of Massachusetts. 
 
 The plaintiff's claim is $ upon a cheque drawn by 
 the defendant. 
 
 The plaintiff's claim is $ upon a bill of exchange 
 accepted (or drawn or endorsed) by the defendant. 
 
 'The plaintiff's claim is $ upon a promissory note 
 made (or endorsed) by the defendant. 
 
 The plaintiff's claim is $ against the defendant A. B., 
 as acceptor, and against the defendant C. D. as drawer (or 
 indorser) of a bill of exchange. 
 
 The plaintiff's claim is $ against the defendant as 
 surety for the price of goods sold. 
 
 The plaintiff's claim is $ against the defendant A. B., 
 as principal, and against the defendant C. D. as surety, for 
 the price of goods sold (or arrears of rent, or for money 
 lent, or for money received by the plaintiff A. B. as 
 traveller for the plaintiff', or &c.) 
 
 The plainfciff"s claim is $ against the defendant as a 
 del credere agent for the price of goods sold (or as Igsses 
 under a policy.) 
 
 The plaintiff's claim is $ for calls upon shares. 
 
 The plaintiff's claim is % for crops, tillage, manure, 
 {or as the case may be), left by the defendant as outgoing 
 tenant of a farm. 
 
992 FORMS — INDORSEMENT FOR COSTS, [PART III. 
 
 Appx. A Section HI. 
 
 Part III. 
 S3. III.-IV. INDORSEMENT FOR COSTS. 
 
 Add to the above forms — 
 
 And $ for costs ; and if the amount claimed be paid 
 to the plaintiff or his solicitor within six days (or if the 
 writ is to be served out of the jurisdiction, or notice in lieu 
 of service allowed, insert the time for appearances limited 
 by the rules) from the service thereof, further proceedings 
 will be stayed. 
 
 Section IT. 
 
 DAMAGES AND OTHER CLAIMS. 
 
 The plaintiff's claim is that an account be taken of {say 
 what) 
 
 The plaintiff's claim is for damages for breach of a con- 
 tract to employ the plaintiff as traveller. 
 
 The plaintiff's claim is for damages for wrongful 
 dismis.sal from the defendant's employment as traveller 
 (and $ for arrears of wages.) 
 
 The plaintiff's claim is for damages for the defendant's 
 wrongfully quitting the plaintiff's employment as manager. 
 
 The plaintiff's claim is for damages for breach of duty as 
 factor (or, &lc.,) of the plaintiff (and $ for money received 
 as factor, &c.) 
 
 The plaintiff's claim is for damages for breach of the 
 terms of a deed of apprenticeship of X. Y. to the defendant 
 (or plaintiff.) 
 
 The plaintiff's claim is for damages for non-compliance 
 with the award of X. Y. 
 
 The plaintiff's claim is for damages for assault and false 
 imprisonment (and for malicious prosecution.) 
 
 The plaintitl's claim is for damages for assault and false 
 iniprisonment of the plaintiff 0. D. 
 
 The plaintiff's claim is for damages for injury by the 
 defendant's negligence as solicitor of the plaintiff. 
 
 The plaintiff's claim is for damages for negligence in 
 the custody of goods (and for wrongfully detaining the same.) 
 
 The plaintiff's claim is for damages for negligence in the 
 keeping of goods pawned (and for wrongfully detaining the 
 same.) 
 
 The plaintiff's claim is for damages for negligence in the 
 custody of furniture lent on hire {or a carriage lent), (and 
 for wrongfully, &c.) 
 
OHAP. 104] FORMS— DAMAGES AND OTHER CLAIMS. 993 
 
 The plaintiff's claim is for damages for wrongfully Appx. A. 
 neglecting {or refusing) to pay the plaintiff's cheque. Part m. 
 
 The plaintiffs claim is for damages for breach of a '■ — '■ — 
 
 contract to accept the plaintiff's drafts. 
 
 The plaintiff's claim is upon a bond conditioned not to 
 carry on the trade of a . 
 
 The plaintiff 's claim is for damages for refusing to carry 
 the plaintiff's goods by railway. 
 
 The plaintiff's claim is for damages for refusing to carry 
 the plaintiff Ly railway. 
 
 The plaintiff's claim is for damages for breach of duty 
 in and about the carriage and delivery of coals by railway. 
 The plaintiff's claim is for damages for breach of duty in 
 and about the carriage and delivery of machinery by sea. 
 
 The plaintiff's claim is for damages for breach of 
 charter-party of ship (" Mary.") 
 
 The plaintiff's claim is for return of household furniture, 
 ('or, (&c.,) or their value, and for damages for detaining the 
 same. 
 
 The plaintiff"s claim is for wrongfully depriving 
 plaintiff of goods, household furniture, &c. 
 
 The plaintiff's claim is for damages for libel. 
 
 The plain titi"s claim is for damages for slander. 
 
 The plaintiff's claim is in replevin for goods wrongfully 
 distrained. 
 
 The plaintiff's claim is for damages for improperly dis- 
 training. 
 
 [This form shall be sufficient whether the distress com- 
 plained of be wrongful or excessive, or irregular, and 
 ivhether the claim be for damages only, or for double value.] 
 
 The plaintiff's claim is to recover possession of a house, 
 
 No. in street (or of a farm called Blackacre), situate 
 
 in the township of in the County of . 
 
 The plaintiff's claim is to establish his title to (here des- 
 cribe prcperty), and to recover the rents thereof. 
 
 f'The two previous forms may be combined.) 
 
 The plaintiff's claim is for dower. 
 
 The plaintiff 's claim is for damages for infringement of 
 the plaintiff's right of fishing. 
 
 The plaintift"s claim is for damages for fraudulent mis- 
 representation of the sale of a horse {or a business or shares, 
 or, &c) 
 
 The plaintiff's claim is for damages for fraudulent mis- 
 representation of the credit of A. B. 
 
 The plaintiff's claim is for damages for breach of a con- 
 tract of guarantee for A. B. 
 64 
 
994 rOBMS — DAMAGEB AND OTHER CLAIMS. [PAET III. 
 
 Appx. A. The plaintiff's claim is for damages for breach of a con- 
 
 ^^jy^' tract to indemnify the plaintiff as the defendant's agent to 
 
 distrain. 
 
 The plaintiff's claim is for a loss under a policy, upon 
 
 the ship "Royal Charter," and freight or cargo {or for 
 
 return of premiums.) 
 
 \This form shall he sufficient whether the loss claimed he 
 total or partial.^ 
 
 The plaintiff's claim is for a loss under a policy of fire 
 insurance upon house and furniture. 
 
 The plaintiff's claim is for damages for breach of a con- 
 tract to insure a house. 
 
 The plaintiff's claim is for damages for breach of a con- 
 tract to keep a house in repair. 
 
 The plaintiff's claim is for damages for breaches of cove- 
 nants contained in a lease of a fai'm. 
 
 The plaintiff's claim is for damages for injury to the 
 plaintiff from the defendant's negligence as a medical man. 
 
 The plaintiff's claim is for damages for injury by the 
 defendant's dog. 
 
 The plaintiff's claim is for damages for injury to the 
 plaintiff by the negligent driving of the defendant or his 
 servants. 
 
 The plaintiff's claim is for damages for injury to the 
 plaintiff while a passenger on the defendant's railway, by 
 the negligence of the defendant's servants. 
 
 The plaintiff's claim is for damages for injury to the 
 plaintiff at the defendant's railway station, from the defec- 
 tive condition of the station. 
 
 The plaintiff's claim is as Executor of .4. B., deceased, for 
 damages for the death of the said A. B. from injuries re- 
 ceived while a passenger on the defendant's railway, by the 
 negligence of the defendant's servants. 
 
 The plaintiff's claim is for damages for breach of promise 
 of marriage. 
 
 The plaintiff's claim is for damages for the seduction of 
 the plaintiff's daughter. 
 
 The plaintiff's claim is for damages for breach of con- 
 tract to accept and pay for goods. 
 
 The plaintiff's claim is for damages for non-delivery (or 
 short delivery, or defective quality, or other breach of con- 
 tract of sale) of cotton (or, <i;c.) 
 
 The plaintiff's claim is for damages for breach of war- 
 ranty of a horse. 
 
 The plaintiff's claim is for damages for breach of con- 
 tract to sell (or purchase) land. 
 
'CfiAf. 104.] f'ORMS— 1)A1VIAG£S AND OtHER CLAIfiS. '99S 
 
 The plaintiff's claim is for damages for breach of con- p^S^j^j 
 tract to let (or take) a house. g iv. 
 
 The plaintiff's claim is for damages for breach of a con- ^ 
 
 tract to sell {or purchase) the lease, with goodwill, fixtures, 
 and stock in trade of a public house. 
 
 The plaintiff's claim is for damages for breach of cove- 
 nant for title (or for quiet enjoyment, or, <fec.,) in a convey- 
 ance of land. 
 
 The plaintiff 's claim is for damages for wrongfully enter- 
 ing the plaintiff's land and drawing water from his well, 
 {or cutting his grass,©?" pulling down his timber, or pulling 
 down his fences, or removing his gate, or using his road or 
 path, or crossing his field, or depositing sand there, or carry- 
 ing away gravel thence, or carrying away stones from his 
 river.) 
 
 The plaintiff's claim is for damages forwrongfully taking 
 away th« support of plaintiff's land {or house or mine.) 
 
 The plaintiff's claim is for damages for wrongfully ob- 
 structing a way {public highway or private way.) 
 
 The plaintift"s claim is for damages for wrongfully 
 •diverting {or obstructing, or polluting, or diverting water 
 from) a watercourse. 
 
 The plaintiff's claim is for damages for wrongfully 
 •discharging water upon plaintiff's land {or into the 
 plaintiff's mine.) 
 
 The plaintiff's claim is for damages for wrongfully 
 •obstructing the plaintiff's use of a well. 
 
 The plaintitt's claim is for damages for the infringement 
 ■of the plaintiff's right of pasture. 
 
 {This foTina shall he suficient whatever the nature of the 
 right to pasture he.) 
 
 The plaintiff's claim is for damages for obstructing the 
 access of light to plaintiff's house. 
 
 The plaintiff's claim is for damages for the infringement 
 ■of the p'iaintiff"s patent. 
 
 The plaintiff's claim is for damages for the infringement 
 ■of the plaintiff's copyright. 
 
 The plaintiff's claim is for damages for wrongfully u.sing 
 {or imitating) the plaintiff's trade mark. 
 
 The plaintiff's claim is for damages for breach of a 
 contract to build a ship {or to repair a house, &ic.) 
 
 The plaintiff's daim is for damages for breach of a 
 contract to emplo}' the plaintiff to build a ship, &c. 
 
 The plaintiff's claim is for damages to his house, trees, 
 crops, fee, caused by noxious vapours from the defendant's 
 factory /or, &c.,) 
 
996 FORMS — CHARACTER OF PARTIES. [PART IK, 
 
 Appx. A. Th^ plaintiff's claim is for damages from nuisance by 
 
 ^^v" noise from the defendant's works (or, stables, or, &c.,} 
 
 The plaintiff"s claim- is for damages f»r loss of the- 
 plaintiff's goods in the defendant's inn. 
 
 Add to Indorsement ; — 
 
 And for a mandamus commianding the defendant tO' 
 
 Add to Indorsement : — 
 
 And for an injunction to restrain the defendant from 
 
 Add to Indorsement where daim is to land, or to 
 establish title, or both ; — 
 
 And for mesne profits. 
 
 And for an account of rents or arreas of rent. 
 
 And tor breach of covenant for [repairs^ 
 
 Section T. 
 
 INDORSEMENTS OF CHARACTER OF PARTIES. 
 
 The plaintiff''s claim is as executor [or administrator] of 
 G. D., deceased, for &c. 
 
 The plaintiff"s claim is against the defendant, A. B., as 
 executor [or cfec.,] of G. D., deceased, for, <fec. 
 
 The plaintiff"'s claim is against the defendant A. B., as 
 executor of X. Y., deceased, for, &o., and against the 
 defendant G. D., in his personal capacity, for, &c. 
 
 The plaintiff's claim is as trustee under the bankruptcy 
 oiA.B. for . 
 
 The plaintiff's claim is as [or the plaintiff^s claim is 
 against the defendant as] trustee under the will of A. B., 
 [or under the settlement upon the marriage of A. B. and 
 X. 7., his wife.] 
 
 The plaintiff"'s claim is as public officer of the 
 
 Bank, for . 
 
 The plaintiff"'s claim is against the defendant as public 
 officer of the Bank, for . 
 
 The plaintiff"'s claim is against the defendant A. B., as 
 principal, and against the defendant G. D., as public officer 
 of the Bank, as surety, for . 
 
 The plaintiff's claim is against the defendant as heir-at- 
 law of A. B., deceased. 
 
•OHAP. 104.] FORMS — NOTICES, ETC. 9'97 
 
 The plaintiff's claim is against the defendant G. D. as -^wx. b. 
 
 heir-at-law, and against the defendant E. F., as devisee of — '■ — 
 
 lands under the will of A. B. 
 
 The plaintiff's claim is as well for the Queen as for 
 liimself, for . 
 
 ,-s^:pr=x3iTiDi2c :b. 
 
 ]SrOTICES, &a 
 
 No. 1. 
 
 THIRD PARTY NOTICE. 
 
 18 — . (Here pwt the letter and riMmber.) 
 
 In the -Supreme Court. 
 
 Between A, B., Plaintiff, 
 and 
 a D., Defendant. 
 
 Notice filed , 18—. 
 
 ToMr. X F.r 
 
 Take notice that this action has been brought by the 
 plaintiff, against the defendant (as surety for M. N.J upon 
 a bond conditioned for payment of $2,000 and interest to 
 the plaintiff. 
 
 The defendant claims to be entitled to contribution from 
 you to the extent of one half of any sum which the plaintiff 
 may recover against him, on the ground that you are (his 
 co-surety under the said bond, or also surety for the said 
 M. N., in respect of the said matter, under another bond 
 
 made by you in favour of the said plaintiff, dated the 
 
 day of — , A. D. .) 
 
 Or (as acceptor of a bill of exchange for $500, dated 
 
 the day of , A. D. , drawn by you upon, 
 
 and accepted by, the defendant, and payable three months 
 after date. 
 
 The defendant claims to be indemnified by 5'ou against 
 liability under the said bill, on the ground that it was 
 accepted for your accommodation.) 
 
998 FORMS — NOTICES, ETC. [PART HI. 
 
 Appx. B. Or (to recover damages for a breach of a contract for 
 
 - — °' ^' — the sale and delivery to the plaintiff of 1,000 tons of coal. 
 
 The defendant claims to be indemnified by you against 
 liability in respect of the said contract, or any breach 
 thereof, on the ground that it was made by him on your 
 behalf and as your agent.) 
 
 And take notice that, if you wish to dispute the 
 plaintiff's claim in this action as against the defendant 
 C. D., or your liability to the defendant C ZX, you must 
 cause an appearance to be entei?ed foi- you within eight 
 days after service of this notice. 
 
 In default of your so appearing, you will be deemed to- 
 admit the validity of any judgment obtained against the 
 defendant C. D,, and you» own liability to contribute or 
 indemnify to the extent herein claimed, which may be- 
 summarily enforced against you pursuant to the Rules of 
 the Supreme Court, 1884, Order XVI., Part 6. 
 
 (Signed) E. T. 
 Or, 
 
 X.7., 
 
 Solicitor for the Defendant,. 
 
 E. T.. 
 
 Appearance to be entered at — . 
 
 No. a. 
 
 NOTICE OF COUNTEE-CLAIM. 
 
 (Heading as in Farm, 1.} 
 
 To the within-named X. Y. : 
 
 Take notice that if you do not appear to the withia 
 counter-claim of the within-named C. D. within ten days 
 from the service of this defence and counter-claim upon 
 you, you will be liable to have judgment given against 
 you in your absence. 
 
 Appearance to be entered at — — , 
 
CHAP. 104.] FORMS — NOTICES, ETC. 999 
 
 Sfo. 3. Appx. B. 
 
 N08. 3-6. 
 NOTICE OF PAYMENT INTO COURT. 
 
 (Heading as in Form 1.) 
 
 Take notice that the defendant has paid into Court 
 $ , and says that that sum is enough to satisfy the 
 plaintifi''s claim (or the plainti^ff's claim for, &o.) 
 
 To Mr. X. Y., 
 
 the plaintiff's Solicitor. 
 
 Z, 
 defendant's Solicitor, 
 
 STe. 4. 
 
 ACCEPTAljrCE OF SUM PAID INTO COURT. 
 
 (Heading as in Form 1.) 
 
 Take notice that the plaintiff accepts the sum of $ 
 paid by you into Court in satisfaction of the claim in 
 respect of which it is paid in. 
 
 No. S. 
 
 CONFESSION OF DEFENCE. 
 
 (Heading as in Form 1.) 
 The plaintiff confesses the defence stated in the 
 
 paragraph of the defendant's defence (or of the defendant's 
 further defence.) 
 
 STo. 6. 
 
 INTERROGATORIES. 
 
 18—. (Here put the letter and nuinber.) 
 
 In the Supreme Court. 
 
 Between A. B., plaintiff, 
 
 and 
 C D., E. F., and Q. H., defendants. 
 
 Interrogatories on behalf of the above-named (plaintiff 
 or defendant C. D.) for the examination of the above- 
 named (defendants E. F. and 0. H„ or plaintiff.) 
 
1000 FORMS — NOTICES, ETC. [PAET III. 
 
 Appx. B. 1. Difl not, &C. 
 
 ^°" ''' »■ 2. Has not, &c. 
 
 &c., &c., &c. 
 
 (The defendant E. F. is required to answer 
 
 the interrogatories numbered .) 
 
 (The defendant G. H. is required to ansiuer 
 the interrogatories numbered .) 
 
 Wo. 7. 
 
 ANSWER TO INTERROGATORIES. 
 
 (Heading as in Form 6.) 
 
 The answer of the above-named defendant, E. F., to the 
 interrogatories for his examination by the above-named 
 plaintiff. 
 
 In answer to the said interrogatories, I, the above- 
 named E. F., make oath and say as follows : — 
 
 Wo. 8. 
 
 AFFIDAVIT AS TO DOCUMENTS. 
 
 (Heading as in Form 1.) 
 
 I, the above-named defendant, C. D., make oath and say 
 as follows : — 
 
 1. I have in my possession or power the documents 
 relating to the matters in question in this suit set forth in 
 the first and second parts of the first schedule hereto. 
 
 2. I object to produce the said documents set forth in 
 the second part of the said first schedule hereto. 
 
 3. That (here state upon what grounds the objection is 
 made, and verify the facts as far as may be.) 
 
 4. I have had, but have not now, in my possession or 
 power the documents relating to the matters in question 
 in this suit set forth in the second schedule hereto. 
 
OHAP. 104.] FORMS — NOTICES, ETC. 1001 
 
 5. The last-mentioned documents were last in my Appx. B. 
 possession or power on [state when.] _nos_9^jo^ 
 
 6. That [here state what has become of the last- 
 mentioned documents, and in whose possession they now 
 are.] 
 
 7. According to the best of my knowledge, information, 
 and belief, I have not now, and never had in my pos.session, 
 custody, or power, or in the possession, custody, or power, 
 of my solicitors or agents, solicitor or agent, or in the 
 possession, custody, or power of any other persons or 
 person on my behalf, any deed, account, book of account, 
 voucher, receipt, letter, memorandum, paper, or writing, 
 or any copy of or extract from any such document, or any 
 other document whatsoever, relating to the matters in 
 question in this suit, or any of them, or wherein any 
 any entry has been made relative to such matters, or any 
 of them, other than and except the documents set forth in 
 the said first and second schedules hereto. 
 
 IXo. 9. 
 
 NOTICE TO PRODUCE DOCUMENTS. 
 
 (Heading as in Form 1.) 
 
 Take notice that the ('plaintiff or defendant) requires 
 you to produce for his inspection the following documents 
 referred to in your [statement of claim, or defence, or 
 affidavit, dated the day of , A. D. .] 
 
 Describe documents required. 
 
 X T., 
 
 Solicitor to the . 
 
 ToZ., 
 
 Solicitor for . 
 
 No. 10. 
 
 NOTICE TO INSPECT DOCUMENTS. 
 
 [Heading as in Form 1.] 
 
 Take notice that you can inspect the documents 
 
 mentioned in your notice of the ■ day of , A. D. 
 
 (except the deed numbered in that notice) at (insert 
 
 place of inspection) on Tuesday next, the inst., 
 
 between the hours of 12 and 4 o'clock. 
 
1002 FORMS — NOTICES, ETC. [PART III. 
 
 Appx. B. 
 No. 11. 
 
 Or, that the ('plaintiff or defendant) objects to giving 
 -you inspection of the documents mentioned in your notice 
 
 of the day of — ~, A. D. - — — on the ground that 
 
 (state the objection) : — 
 
 No. 11. 
 
 NOTICE TO ADMIT DOCUMENTS. 
 
 (Heading as in Form 1.) 
 
 Take notice that the plaintiff {or defendant) in this 
 cause proposes to adduce in evidence the several documents 
 hereunder specified, and that the same may be inspected 
 by the defendant {or plaintiff) his solicitor or agent, at 
 
 „ — ,— , on — ' — - — -. between the hours of .^ ; and 
 
 the defendant {or plaintiff) is hereby required, within 
 fortj'-eight hours from the last-mentioned hour, to admit 
 that such of the said documents as are specified to be 
 originals were respectively written, signed, or executed as 
 they purport respectively to have been ; that such as are 
 specified as copies are true copies ; and such documents as 
 are stated to have been served, sent or delivered, were so 
 served, sent, or delivered respectively; saving all just 
 exceptions to the admissibility of all such documents as 
 evidence in this cause. 
 
 Dated, &c. (Signed,) 
 
 E. F., Solicitor [or agent] for 
 defendant [or plaintiff.] 
 
 To G. H., Solicitor [or agent] for plaintiff [or defendant.] 
 
 [Here describe the documents, the manner of doing tvhich 
 may be as follows ;] 
 
 Origin Ais. 
 
 Description of Doouments. 
 
 Deed of covenant between A. B. and C, D. first 
 part, and E. F. second part 
 
 Indenture of lease from A. B,to C. D 
 
 Indenture of release between A, B, O. D first part, 
 &c 
 
 Letter, defendant to plaintiff , . . - . 
 
 Policy of insurance on goods by ship " Isabella " from 
 Oporto to London 
 
 Memorandum of agreement between CD., captain of 
 said ship, and E. F 
 
 Bill of exchange for £100 a^t three months, drawn by 
 A. B,aa and accepted hj C. D, indorsed by E. F, 
 mdG.H 
 
 Dates. 
 
 January 1, 1848. 
 February 1, 1848, 
 
 February 2, 1S48. 
 March 1, 1848, 
 
 December 3, 1847. 
 
 January 1, 1848. 
 
 May 1, 1849, 
 
CHAP. 104.] 
 
 FORMS— NOTICES, ETC. 
 
 1003 
 
 Copies. 
 
 Appx. B. 
 Ho- 12. 
 
 Description of Documents. 
 
 Register of baptism of A 
 B., in the parish of 
 X 
 
 Letter — plaintiff to defen- 
 dant 
 
 Dates. 
 
 Origi'nal or Duplieate served, 
 
 sent or delivered, when, how 
 
 and by whom. 
 
 Notice to prodnce papers.. 
 
 Record of u, Judgment of 
 the Supreme Court in 
 an action, F. S. 
 F. N. 
 
 Grant under the Great Seal 
 of Nova Scotia 
 
 January -1, 1848. 
 February 1, 1848. 
 March 1, 1848. 
 
 Sent by General Post, 
 February 2, 1848. 
 
 Served March 2, 1848, on 
 defendant's attorney 
 by E. F., of . 
 
 Trinity Term, 10th 
 Vict. 
 
 January 1, 1780. 
 
 3fo. IS. 
 
 NOTICE TO ADMIT FACTS. 
 
 f Heading as in Fottti 1.) 
 
 Take notice that the plaintiff for defendant) in this 
 cause requires the defendant for plaintiff) to admit, for the 
 purposes of this cause only, the several facts respectively 
 hereunder specified; and the defendant (or plaintiff) is 
 hereby required, within six days from the service of this 
 notice, to admit the said several facts,^ saving all just 
 exceptions to the admissibility of such facts as evidence in 
 this cause. 
 
 Dajifid, &c. 
 
 G. D., solicitor (or agent) for the plaintiff 
 for defendant.) 
 To E. F., solicitor {or agent) for the defendant (or plaintiff.) 
 
 The facts, the admission of which is required, are :— 
 
 1. That John Smith died on the 1st of January, 1870. 
 
 2. That he died intestate. 
 
 3. That James Smith was his only lawful son. 
 
 4. That Julius Smith died on the 1st of April, 18,76L 
 
 5. That Julius Smith never was married. 
 
1004 
 
 FORMS — NOTICES, ETC. 
 
 [part III. 
 
 Appx. B. 
 Nos. 13, 14. 
 
 Wo. 13. 
 
 ADMISSION OF FACTS PURSUANT TO NOTICE. 
 
 (Heading as in Form 1.) 
 
 The defendant (or plaintiff) in this cause, for the pur- 
 poses of this cause only, hereby admits the several facts 
 respectively hereunder specified, subject to the qualifications 
 or limitations, if any, hereunder specified, saving all just 
 exceptions to the admissibility of such facts, or any of 
 them, as evidence in this cause. 
 
 Provided that this admission is made for the purposes of 
 this action only, and is not an admission to be used against 
 the defendant, (or plaintiff",^ on any other occasion, or by 
 anyone other than the plaintiff, (or defendant, or party 
 requiring the admission.) 
 
 Delivered, &c. 
 
 E. F., solicitor (or agent), for the defendant, 
 (or plaintiff.) 
 
 To G. H., solicitor (or agent) for the plaintiff (or defendant. 
 
 Facts admitted. 
 
 That John Smith died on the 1st 
 of January, 1870. 
 
 That he died intestate. 
 
 That James Smith was his law- 
 ful son. 
 
 That Julius Smith died. 
 
 That Julius Smith never was 
 married. 
 
 Qualifications or Limitations, if any, 
 
 subject to which they are 
 
 admitted. 
 
 But not that- he was his only 
 
 lawful son. 
 But not that he died on the 1st 
 
 of April, 1876. 
 
 No. 14. 
 
 NOTICE TO PRODUCE (GENERAL FORM). 
 
 (Heading as in Form 1.) 
 
 Take notice, that you are hereby required to produce and 
 
 show to the Court on the trial of this all books, 
 
 papers, letters, copies of letters, and other writings and 
 documents in your custody, possession, or power, containing 
 
CHAP. 104.] FORMS — NOTICES, ETC. 1005 
 
 any entry, memorandum, or minute relating to the matters Kg^^i^_^i 
 in question in this , and particularly . ' 
 
 Dated the day of 18 — . 
 
 (Signed) , 
 
 To the above-named ) of , 
 
 agent for 
 
 h solicitor or agent . ^ solicitor for the above-named 
 
 IVo. 15. 
 
 ISSUE. 
 
 (Heading as in Forw, 1.) 
 
 Whereas A. B. affirms, and C. D. denies (here state the 
 question or questions of fact to be tried), and it has been 
 
 ordered hy the Hon. Mr. Justice that the said 
 
 question shall be tried (here state mode oj trial, whether 
 with or without a jury), therefore let the same be tried 
 accordingly. 
 
 ISo. 16. 
 
 NOTICE OF TRIAL. 
 
 (Heading as in Form, 1.) 
 
 Take notice of trial of this (or of the issues in 
 
 this order to be tried) (or as the case may be J in 
 
 (or as the case may be), for the day of 
 
 next. 
 
 X. T., plaintiffs solicitor (or as the case may be.) 
 
 Dated . 
 
 To Z., defendant's solicitor (or as the case may be.) 
 
 Wo. IT. 
 
 CERTIFICATE OF OFFICER AFTER TRIAL WITH A JURY. 
 
 (Heading as in Form 1.) 
 
 I certify that this was tried before the Honorable 
 
 Mr. Justice with a special jury of the county of 
 
 on the 12th and 13th days of November, 1884, 
 
Appx^ B 
 Nos. 18, 19. 
 
 1006 B-OEMS— NOTICES, ETC. [PART III. 
 
 The jury found (state findings.) 
 
 The judge directed that judgment should be entered for 
 the plaintiff for $ — — with cost of summons for as the case 
 may be.) 
 
 A.B., 
 (Title of Officer.) 
 The — day of - — — 18 — . 
 
 IVo. IS. 
 
 NOTICE OF MOTION. 
 
 {Heading as in Form 1.) 
 
 Take notice, that the Court will be moved — " — ■ — - on 
 day the — — — day of — -" — 18 — at o'clock 
 
 in the forenoon, or so soon thereafter as counsel can be 
 heard, by — ^"- that =- -. 
 
 Dated the — •'— day of - — ^ , 1 8 — . 
 
 (Signed — • — 
 
 of ", 
 
 agent for 
 
 To — ^ 
 
 solicitor for the 
 
 Ko. 1». 
 
 NOTICE OF DISCONTINUANCE. 
 (Heading as in Form 1.) 
 Take notice^ that the plaintiff hereby* 
 
 Dated the — — day of - — -, 18 — . 
 (Signed) 
 
 of 
 agent for 
 
 solicitor for the plaintiff. 
 To -— . 
 
 * " Wholly disoorttinues this action," or "withdran's so much of his claim in this action 
 lis relates to," &c. 
 
 t If not against all the defendants add "as against the defendant," ko. 
 
CHAP. 104.] POEMS— NOTICES, ETC. 1007 
 
 Nos. 20, 21. 
 
 NOTICE OF CROSS-EXAMINATION OF DEPONENTS AT TRIAL. 
 [Heading as in Form /.] 
 
 Take notice that the — ■ intend at the trial of this 
 
 action to cross-examine the several deponents named and 
 described in the schedule hereto on their affidavits therein 
 specified. 
 
 And also take notice that you are hereby required to 
 produce the said deponents for such cross-examination 
 before the court aforesaid. 
 
 Dated - ■ — day of , 18—. 
 
 (Signed,) 
 
 Agent for 
 of - 
 
 Solicitor for the 
 To — . 
 
 The Schedule above referred to. 
 
 Name of Deponent. 
 
 Address and Description. 
 
 Date When Affidavit filed. 
 
 No. 31. 
 
 NOTICE OF RENEWAL OF WRIT OF EXECUTION. 
 
 [Heading aa in Form 1.] 
 
 Take notice, that the writ of — ■ issued in this 
 
 action directed to the Sheriff of — "— , and bearing date 
 the ~ ■ ■ day of — '-— — ■, 18 — , has been renewed for one 
 year from the — ■■ day of , 18—. 
 
 Dated the — — day of , 18 — '. 
 
 (Signed,) 
 
 of 
 
 Agent for 
 
 Solicitor for the 
 To the Sheriff of — -. 
 
1008 FOKMS — NOTICES, ETC. [PART III. 
 
 Appx. B. Wo. S3. 
 
 Nos. 22, 23. 
 " " AFFIDAVIT OF SERVICE OP SUMMONS. 
 
 [Heading as in Form I.] 
 
 I, , of , solicitor for the above-named 
 
 -, make oath and say as follows : — 
 
 I did on the day of , 18 — , before the hour 
 
 of — in the noon, serve , the above 
 
 named in this action with a true copy of the 
 
 summons hereto annexed marked A, by leaving it at the 
 
 of the said situate with 
 
 there . 
 
 Sworn at , "1 
 
 ,this day >■ 
 
 of \ 18—. j 
 
 Before me, 
 
 This affidavit is filed on behalf of the 
 
 IVo. 3S. 
 
 AFFIDAVIT IN SUPPORT OF GARNISHEE ORDER. 
 
 In the Supreme Court 
 
 18—. No. . 
 
 Between , Judgment Creditor, and 
 
 , Judgment Debtor. 
 
 I, , of . the above-named judgment 
 
 creditor [or solicitor for the above-named judgment 
 creditor] make oath and say as follows : — 
 
 1. By a judgment of the Court given in this action, 
 
 and dated the day of , lH — -, it was adjudged 
 
 that I [or the above-named judgment creditor] should 
 
 recover against the above-named judgment debtor 
 
 the sum of $ and costs to be taxed, and the said costs 
 
 were allowed at $- . 
 
 2. The said still remains unsatisfied to the extent 
 
 of and interest amounting to $ . 
 
 3. * -, , is indebted to the 
 
 judgment debtor in the sum of $ , or 
 
 thereabouts. 
 
 4. The said is within the jurisdiction of 
 
 this Court. 
 
 Sworn, &c. 
 
 "* Name, address and description of garnishee. 
 
CHAP. 104.] FOEMS — NOTICES, ETC. 1009 
 
 Wo- 34. Appx. B. 
 
 No. 24. 
 
 AFFIDAVIT ON INTERPLEADER. 
 
 (Heading as in Form 1.) 
 
 I, , of , the defendant in the above action, 
 
 make oath and say as follows : — 
 
 1. The writ of summons herein was issued on the 
 
 — : — day of , 18 — , and was served on me on the 
 
 day of , 18 — . 
 
 2. The action is brought to recover . The 
 
 said *in my possession, but I claim no interest 
 
 therein. 
 
 3. The right to the said subject-matter of this action 
 has been and is claimed f by one , 
 
 4. I do not in any manner collude with the said 
 
 or with the above-named plaintiff, but I am ready to bring 
 
 into Court or to pay or dispose of the said in such 
 
 manner as the Court may order or direct. 
 Sworn, &e. 
 
 * "Is" or "are." 
 
 t If claim in writing, malce tlie writing an exhibit. 
 
 ; State expectation of suit or that he has already sued. 
 
 65 
 
1010 FORMS — STATEMENTS OF CLAIM. [PAET III, 
 
 SB. I., U 
 
 No. 1 
 
 FORMS OF STATEMENTS OF CLAIM TO RE USED PrRSUANT 
 TO ORDER XIX., RULE 5. 
 
 SECTION I 
 
 18 — . Here put the letter and number. 
 
 In the Supreme Court. 
 
 Writ issued the of — ■ — — , 18 — . 
 
 Between A. B., Plaintiff, 
 and 
 
 C. D., Defendant, 
 
 Statement of Claim. 
 The plaintiff, <i;c. 
 
 {or). 
 The plaintiff's claim is, cfcc. 
 
 (To be filled up in manner exemplified in the following 
 form.s.) 
 
 The plaintiff claims (as in following forms.) 
 
 Place of trial, — . 
 
 (Signed) -^ , 
 
 Delivered the of , 18- 
 
 SECTION II. 
 
 ACTIONS OF AN EQUITABLE NATURE, 
 Wo. 1. 
 
 (.4 dministration) 
 
 The plaintiff is a creditor of X. Y., deceased, of whom 
 the (lefendant, G. D., is executor (or administrator), and the 
 defendant E. F., is heir-at-law (or devisee.) 
 
'ciil'p. 104-1 FoKMs — staTemeS[ts of claim. 1011 
 
 Particulars of the claim : Appx. c. 
 
 s. II. 
 
 I'rincipal due on th« bond of the testator (or — no._2; 
 
 intestate) dated the of 18— . .$2,000 00 
 
 Interest fiom the ' day of at 6 per cent. 250 00 
 
 $2,250 00 
 
 The plaintiff claims to be paid the amount due to him, 
 or to have the real and personal estate of the said X. Y. 
 administered. 
 
 (Signed) . 
 
 Delivered . 
 
 TSo. ». 
 
 iWilful Default) 
 
 1 . The plaintiff is residuary legatee of A. B. of the city 
 of Halifax, who died March 3rd, 1882, having made his will 
 dated March 2nd, 1882, and appointed the defendants his 
 ■executors, who proved his will April 6, 1882. 
 
 2. The defendants have been guilty of wilful default 
 in not getting in certain property of the testator. 
 
 3. The wilful default on which the plaintiff relies is as 
 ■follows :— 
 
 C. D. owed to the testator $1000, in re.spect of which 
 no interest had been paid or acknowledgment given 
 for five years before the testator's death. The 
 defendants were aware of this fact, but never 
 applied to C. D. for payment until more than a year 
 after testator's death, whereby the said sum was 
 lost. 
 
 The plaintiff claims : 
 
 (1.) Account of testator's personal estate on footing of 
 wilful default. 
 
 (2.) Administration of the testator's personal estate. 
 
 (Signed) — -^ . 
 
 Delivered -— . 
 
1012 FOEMS — STATEMENTS OF CLAIM, [PAET XIU 
 
 Appx. C. No. 3. 
 
 s. II. 
 Nos. 3, 4. 
 
 (Dissolution of Partner ship.} 
 
 1. The plaintiff, on December 20fch, 1875, entered into- 
 partnership articles with the defendant for ten years. 
 
 2. The defendant has broken the partnership articles 
 as follows : — 
 
 (a.J . 
 
 Cb.) . 
 
 (c.) . 
 
 The plaintiff claims : 
 
 (1.) Dissolution. 
 
 (2.) Accounts and inquiries. 
 
 (3.) A receiver and manager. 
 
 (Signed) 
 
 Delivered 
 
 Ko. 4. 
 
 (For Accounts.} 
 
 1. The plaintiffs are executors of A., deceased. 
 
 2. From the year 1878 till his death A. employed the 
 defendant as his confidential agent in the management of a 
 large building estate at X. 
 
 3. The defendant as such agent received large sums of 
 money for the said A., for which he refuses to account. 
 
 The plaintiff claims : 
 
 (1.) Accounts of all sums received and paid by the 
 defendant as agent of A. 
 
 (2.) Payment of the amount found due. 
 
 (Signed) . 
 
 Delivered 
 
Appx. 
 
 C. 
 
 s. II. 
 
 
 Nds. 5, 
 
 6. 
 
 CHAP. 104.] FORMS— STATEMENTS OF CLAIM. 1013 
 
 IVo. 5. 
 
 (Foreclosure and Sale.) 
 
 1. The plaintiff is mortgagee of lands belonging to the 
 "defendant. 
 
 2. The following are the particulars of the mortgage : 
 
 a. (Date, and names of mortgagor and mortgagee.) 
 
 b. (Sum .secured.) 
 
 c. (Rate of Interest.) 
 
 d. (Property subject to mortgage.) 
 
 e. (Amount now due.) 
 
 (If the plaintiff's title is a derivative title, state shortly 
 the assignments under ivhich he claims.) 
 
 (If the plaintiff is mortgagee in possession add) : 
 
 3. The plaintiff" took possession of the mortgaged 
 
 property on the of , and is ready to account as 
 
 mortgagee in possession from that time. 
 
 The plaintiff claims payment, or, in default, sale, or 
 foreclosure (and possession). 
 
 .(Signed,) 
 
 Delivered 
 
 mo. e. 
 
 {Redemption.) 
 
 1. The plaintiff is mortgagor of lands, of which the 
 defendant is mortgagee. 
 
 2. The following are the particulars x)f the mortgage : 
 
 a. (Date.) 
 
 b. (Sutn secured.) 
 
 c. (Rate of interest.) 
 
 d. (Property subject to mortgage.) 
 
 (If the plaintiff's title is derivative, state shortly the 
 deeds under tuhich he claims.) 
 
 (If the defendant i^ mortgagee in possession add) : 
 
 3. The defendant has taken- possession (or has received 
 the rents) of the mortgaged property. 
 
1014 FORMS — STATEMENTS OF CLAIM. [PART III,. 
 
 Appx. c. The plaintiff claims to redeem the said "premises, and to 
 
 Nob 7^^8 ^^^'^ *'^6 same reconveyed to him, (and to have possession 
 
 L_!_J — thereof). 
 
 (Signed,) ^ . 
 
 Delivered — . 
 
 Wo. T. 
 
 1. By a settlement on the marriage of A. B. and C. B.^ 
 dated Jannary 10, 1H50, Whiteacre was demised to trustees 
 for 99 years, on trust after the deaths of 4. B. and G. B. to 
 raise $-5000 for the younger children of the marriage wha 
 should attain 21. 
 
 2. A.B. died February 15, 1870. 
 
 3. C. B. died June 10,'l87o. 
 
 4. There were 5 children only of the marriage of A.B. 
 and C. B., all of whom are now living and have attained 
 21. The plaintiff is the second born child. 
 
 5. The defendants were on April 5, 1877, appointed 
 trustees of the settlement. 
 
 The plaintiff claims : 
 
 1. To have $5000 raised by sale or mortgage and 
 distributed among the persons entitled. 
 
 (Signed,) . 
 
 Delivered 
 
 Mo. S. 
 
 1. On November 12, 1880, A. and the defendant 5; 
 deposited with the plaintiff 500 United States bonds as 
 
 security for a debt of $- and interest at 6 per cent, due 
 
 from A. and the defendant B. to the plaintiff. 
 
 2. A. died March 12, 1881. 
 
 3. On March 30, 1881. administration of the estate of 
 A. was granted to the defendant Cj. 
 
 4. $800 and $30 for interest is owing to the plaintiff 
 on the security of the said bonds. 
 
 The plaintiff claims : 
 (1.) Sale of the said bonds. 
 
 (2.) Application of the proceeds in payment of his debt. 
 (3.) Distribution of the surplus among the parties, 
 entitled. 
 
 (Signed,) ., 
 
 Delivered . 
 
CHAP. 104] FORMS — STATEMENTS OF CLAIM. 1015 
 
 No. 9. Appx. C. 
 
 s. II. 
 
 1. By a settlement dated July 3rd, 1872, on the ^°^- ». lo 
 marriagje of the plaintiffs' father and mother, of which the 
 defendant A. B. and one G. D. were trustees, the plaintiffs are 
 absolutely entitled on the deaths of their father and mother. 
 
 2. On August 5, 1874, C. D. died and the defendant^. 
 F. was appointed in his place. 
 
 3. On December 1, 1879, the plaintiffs' father died. 
 
 4. On January 1, 1880, the plaintiffs' mother died. 
 
 5. The defendants have committed the following 
 breaches of trust by : 
 
 'e> 
 
 (a.) Sale of $3000 Bank Stock and investment of the 
 proceeds in the business of the defendant A. B. 
 
 (b.) Sale of leasehold property worth $.5000 to G. H. 
 for $1000 (without taking any proper steps to 
 ascertain its value or to obtain such value.) 
 
 The plaintiff claims : 
 
 (1.) The replacement of $3000 Bank Stock and $6 per 
 cent, interest on the proceeds of the Bank 
 Stock sold, from the date of sale till replacement. 
 
 (2.) Payment of $4000 and interest at 6 per cent, per 
 annum from the date of the sale. 
 
 (Signed) . 
 
 Delivered — -. 
 
 No. 10. 
 
 1. By a settlement dated June 10, 1H.56, upon trust for 
 A. B. and G. B. successively for life, with remainder for 
 their children who should attain 21, the following property 
 was assured : 
 
 a. A snm of $5000 Dominion Stock. 
 
 h. $4000 invested on mortgage of land at X. 
 
 c. One tifth of the residuary estate of D., deceased, 
 sul ject to a prior life-interest. 
 
 2. On August 15, 1862, G. B died. 
 
 3. On February 18, 1875, A. B. died. 
 
1016 FORMS — STATEMENTS OF CLAIM. [PART III. 
 
 Aprx. c. 4. On September 10, 1879, B. died. * 
 
 No. 11. ^- -4. B. and C B. had five children only, of whom the 
 
 plaintiff is one. 
 
 6. The defendants are the present trustees of the 
 settlement. 
 
 The plaintiff claims : 
 
 (1.) Execution of the trusts of the settlement. 
 (2.) All necessary accounts and inquiries, 
 (3.) A receiver. 
 
 (Signed) . 
 
 Delivered 
 
 SSo. 11. 
 
 1. In 1 865 a marriage was arranged between A. B. and 
 the plaintiff. 
 
 2. By an agreement contained in two letters, dated 
 February 10 and 12, 1865, it was agreed between 0. B., the 
 father of A. B., and D., the father of the plaintiff, that each 
 should settle .SIO.OOO on trust, for A. B. and the plaintiff 
 successively for life, with remainder on the usual trusts for 
 the children of the marriage. 
 
 3. By letter, dated March 7, 1865, from D. to Messrs. 
 E. & Co., his solicitors, he instructed them to prepare a 
 settlement. 
 
 4. A settlement, dated April 25, 1865, was executed 
 upon the marriage of A. B. and the plaintiff, accidently 
 omitting to give a life interest to the plaintiff after the life 
 interest of A. B. 
 
 5. On May 20, 1882, A. B. died. 
 
 6. The defendants H. and K. are the present trustees 
 of the settlement. 
 
 7. The defendants, L., M. and N., are the only children 
 of the marriage. 
 
 The plaintiff claims : 
 
 Rectification of the settlement. 
 
 (Signed) . 
 
 Delivered 
 
CHAP. 104.] FORMS — STATEMENTS OF CLAIM. 1017 
 
 IVo. 13. Appz. C. 
 
 s. II. 
 
 1. By an agreement {or letters) dated {or made ^°^- 1^. is. 
 verbally at interviews on or about) the day , 
 
 the plaintiff agreed to sell to the defendant the Home 
 Farm, Annapolis, for $ . The sale was to be com- 
 pleted on the of . 
 
 (If the agreeTnent tvas verbal, add) 
 
 2. The agreement so entered into has been part per- 
 formed as follows (state how.) 
 
 The plaintiff claims specific performance of the above 
 agreement, and that the defendant may be ordered to 
 execute a proper conveyance of the premises to the plaintiff 
 (stating in each case what the defendant is required 
 specifically to do.) 
 
 (Signed) . 
 
 Delivered . 
 
 Ko. 1». 
 
 1. By will, dated January 5, 1864, A. devised Whiteacre 
 to B., C, and D. as tenants in common. 
 
 2. On March 10, 1865, A. died. 
 
 3. On March 20, 1865, A.'s will was proved. 
 
 4. On June 25, 1867, B. conveyed to the plaintiff his 
 share of Whiteacre. 
 
 5. On July 80, 1869, G. conveyed his share to the 
 defendants on trust for sale. 
 
 6. By will, dated November 5, 1872, D. devised his 
 share among his children equally. 
 
 7. On December 2, 1872, D. died. 
 
 8. On December 15, 1872, D.'s will was proved. 
 
 9. There were 10 children of D. living at his decease, 
 some of whom have since died.' 
 
 10. Whiteacre consists of a mansion house and grounds. 
 
 11. A sale of the property and a division of the 
 proceeds will be more beneficial than a division of the 
 property. 
 
1018 FOHMS — STATEMENTS OF CLAIM. [PAET III. 
 
 Appx. C. The plaintiff claims : 
 
 8. in. ^ division of Whiteacre among the parties interested, 
 
 -^^ {or a sale of Whiteacre and a distribution of the proceeds 
 
 among the parties interested.) 
 
 (Signed) . 
 
 Delivered . 
 
 IVo. 14. 
 
 1. By will, dated August 10, 1882, A. devised Whiteacre 
 and $10,000 to defendant on trust for plaintiff. 
 
 2. On August, 15, 1882, A. died. 
 
 3. On August 30, 1882, probate was granted to the 
 defendant, the sole executor. 
 
 4. The plaintiff is an infant 12 years old. 
 The plaintiff claims: 
 
 (1.) That the plaintiff may become a ward of Court. 
 (2.) Administration of the trusts of the will of A. so 
 far as necessary. 
 
 (Signed) . 
 
 Delivered — . 
 
 SECTION III. 
 
 ACTIONS INCLI'DED IN ORDER III., RULE 5, CLASSES A., B,, 
 
 C, D., E., AND F. 
 
 Ho. 1. 
 
 The plaintiff's claim is for the price of goods sold and 
 delivered. 
 
 Particulars : — 
 1881— 31st December,— 
 
 Balance of account for butcher's meat to this 
 
 date $133 00 
 
 1882— 1st January to 31st March,— 
 
 Butcher's meat 72 50 
 
 $207 50 
 1882— 1st February.— Paid 45 00 
 
 Balance due $l(i2 50 
 
 Place of trial, Halifax. 
 
 (Signed,) . 
 
 Delivered . 
 
CHAP 104.] FORMS — STATEMENTS OF CLAIM. 1019 
 
 Wo. 8. Appjc. 0. 
 
 s. III. 
 The plaintiff's claim is for rnnney received by the nob. 2-4- 
 defendant for the use of the plaintiff. 
 
 Particulars :- — 
 1882 — 1st January, — ■ 
 
 To amount of rents of No. .5 Smith St., col- 
 lected by the defendant $200 00 
 
 To deposit on intended sale of Eva Yilla .... 100 00 
 
 Amount due $300 00 
 
 Place of trial, Halifax. 
 
 (Signed,) . 
 
 Delivered — -. 
 
 IVo. 3. 
 
 The plaintiff's claim is against the defendant as maker 
 of a promissory note for $250, dated 1st January, 1882, 
 payable four months after date. 
 
 Particulars : — - 
 
 Principal $2.50 00 
 
 Interest 10 00 
 
 Amount due $260 00 
 
 Place of trial. Port Hood, Co. Inverness. 
 
 (Signed,) . 
 
 Delivered ~. 
 
 "So. 4. 
 
 The plaintiff's claim is against the defendant, as 
 acceptor of a bill of exchange for $400, dated 1st January, 
 1882, drawn by A. B., payable three months after date to 
 the order of E. F., and indorsed to the plaintiff. 
 Particulais : — 
 
 Principal due $400 00 
 
 Interest 16 OO 
 
 Amount due ,. $416 00 
 
 (Signed,) ~ . 
 
 Delivered . 
 
1020 FORMS — STATEMENTS OF CLAIM. [PAET III. 
 
 Appx. C. No. 5. 
 
 s. III. 
 Nob. 5-7. The plaintiff's claim is ap;ainst the defendant A. B., as 
 
 acceptor, and against the defendant, G. D., as drawer, of a 
 bill of exchange for $-500, dated 1st January, 1882, payable 
 three months after date, and indorsed by the defendant 
 C. D. to the plaintiff, of the dishonor of which on presenta- 
 tion the defendant G. D. had notice. 
 Particulars : 
 
 Principal $500 00 
 
 Interest 20 00 
 
 Amount due $520 00 
 
 Place of trial, Town of Pictou. 
 
 (Signed,) 
 Delivered . 
 
 Ko. 6. 
 
 The plaintiff's claim is against the defendant as drawer 
 of a bill of exchange for $600, dated 1st March, 1882, 
 drawn upon A. B.. paj'able to the plaintiff three months 
 after date, which was duly presented for payment and 
 dishonored, but A. B. had no effects of the defendant nor 
 was there any consideration for the payment of the said 
 bill by the said A. B. 
 
 Particulars (as in Form 4.) 
 
 Place of trial . 
 
 (Signed,) . 
 
 Delivered . 
 
 Wo. r. 
 
 The plaintiff's claim is for principal and interest due on 
 the defendant's bond to the plaintiff, dated first of January, 
 1873, conditioned for payment of $200, on the 26th 
 December, 1873. 
 Particulars : — 
 
 Principal $150 00 
 
 Interest 2 00 
 
 Amount due $152 00 
 
 Place of trial, Truro. 
 
 (Signed) . 
 
 Delivered . 
 
CHAP. 104] FORMS — STATEMENTS OF CLAIM. 1021 
 
 No. 8. Appx. C. 
 
 s. III. 
 NoS' 8 9' 
 
 The plaintiff's claim is for principal and interest, due '■ — ' — '— 
 
 under a covenant in a deed, dated the 1st of January, 1882. 
 
 Particulars : — 
 
 Principal $500 00 
 
 Paid 20 00 
 
 Principal due $480 00 
 
 Interest . . . . < 3 00 
 
 Amount due $483 00 
 
 Place of trial, Halifax. 
 
 (Signed,) . 
 
 Delivered . 
 
 No. 9. 
 
 The plaintiff's claim is for the price of goods sold and 
 delivered by the plaintiff to E. F., under the following 
 guarantee : — 
 
 2nd February, 1S82. 
 Sir, — 
 
 In consideration of your supplying goods to E. F., I 
 undertake to see you paid. 
 
 Yours, &c., 
 
 C. D., defendant. 
 To Mr. A. R, (plaintiff.) 
 
 Particulars : — 
 
 1882. 
 25 March, 55 tons of coal at $5 $275.00 
 
 Amount due. .^ 
 
 Place of trial, . 
 
 (Signed) 
 Delivered , 
 
Appx. 
 
 C. 
 
 s. 
 
 Ill 
 
 
 Nos. 
 
 10- 
 
 12. 
 
 1022 S'ORMS— STiVTEMENTS OF CLAIM. [PAKT III. 
 
 TSo. 10. 
 
 The plaintiff's claim is against the defendant A. B., as 
 principal, and against the defendant C. B., as surety for the 
 price of goods sold and delivered by the plaintiff to A. B.^ 
 on the guarantee by C. B., dated the 2nd of February 
 1882. 
 
 Particulars :— 
 
 2nd February^Goods. . . $200 00 
 
 3rd March— Goods 100 00 
 
 17th March— Goods 80 00 
 
 5th April— Goods.... 30 00 
 
 Amount due $410 00 
 
 Place of trial, Windsor. 
 
 (Signed ■^ — - ^ . 
 
 Delivered — . 
 
 IVo. 11. 
 
 The plaintiff's claim is against the defendants as trustees 
 \in<ler the settlement upon the marriage of A. B. and X. T.^ 
 dated January 1st, 1870, whereby $10,000 invested on 
 mort"age of land at Z. was vested in the defendants as 
 trustees upon trust to pay the income thereof half-yearly 
 to the plaintiff. 
 
 Particulars : — 
 
 1882, December 25th, half a year's income. . $300 00 
 
 ^o. IS. 
 
 See Sect. VI., Form No. 1. 
 (Landlord against Tenant.) 
 
CHAP. 104.J .FORMS-^STATEMENTS OF CLAIM. 1023 
 
 SECTION IV. Appx. c 
 
 s. IV. 
 ACTIONS FOR DAMAGES FOR BREACH OF CONTRACT OR DUTY ^°°- ^' ^' 
 ARISING OUT OF CONTRACT. 
 
 Ko. 1. 
 
 1. The plaintiff has suffered damage by breach of 
 contract for sale and delivery by the defendant to the 
 plaintiff of 100 tons of pig iron at $20 per ton to be 
 delivered on rail at Halifax, on the 15th of March, 1882. 
 
 2. The defendant did not deliver any (or — — - tons, 
 as the case may be) of the said iron. 
 
 Particulars of damage : — 
 
 Loss of profit at $4 per ton on 100 tons $400 00 
 
 The plaintiff claims $400. 
 
 Place of trial, Halifax. 
 
 (Signed) — ■ — . 
 
 Delivered ^-— . 
 
 1. The plaintiff has suffered damage by breach of a 
 contract between the plaintiff and the defendant, for sale 
 and delivery of 100 sacks of flour known as seconds at 
 $6 per sack. 
 
 2 80 sacks delivered were inferior to seconds, and 20 
 sacks were not delivered. 
 
 Particulars of damage i — 
 
 80 sacks at $1 $ 80 00 
 
 20 sacks at $1.25 25 00 
 
 $105 00 
 The plaintiff claims $105. 
 
 Place of trial, Windsor. 
 
 (Signed,) — ^ . 
 
 Delivered — —. 
 
1024 FORMS — STATEMENTS OF CLA.IM. [PART III. 
 
 Appx. C. Wo. 3. 
 
 B. IV. 
 
 No 3—5. 1. The plaintiff has suffered damage by breach of a 
 
 charter-party dated the 10th of March, 1882, between the 
 plaintiff' and the defendant of the ship " Mary." 
 
 2. The ship was detained at the port of loading. 
 Particulars of damage : — 
 
 , ■ I 10 days' detention beyond the 
 
 T 10 I demurrage days at $80 per day.. S800 00 
 
 The plaintiff" claims $800. 
 
 Place of trial, Halifax. 
 
 (Signed) . 
 
 Delivered . 
 
 Wo. 4. 
 
 1. The plaintiff has suffered damage by breach of 
 contract by bill of lading of goods shipped by the plaintiff^ 
 on board the "Jane," signed by the defendant, dated the 
 1st of January, 1882. 
 
 2. 50 bales of cotton were delivered in a damaged 
 condition. 
 
 Particulars of damage : — 
 
 50 bales at $10 $500 00 
 
 The plaintiff" claims $500. 
 
 Place of trial. Town of Pictou. 
 
 (Signed,) . 
 
 Delivered . 
 
 No. 5. 
 
 1. The plaintiff" has suff"ered damage by breach of 
 contract by bill of lading of goods shipped by the plaintiff 
 signed by the master of the ship " Mary" as the defendant's 
 agent, dated the 1st of January, 1882. 
 
 2, 50 quarters of wheat were delivered in a damaged 
 condition, and 100 quarters were not delivered. 
 
CHAP. 104.] FORMS — STATEMENTS OF CLAIM. 1025 
 
 Particulars of damage : — ^''^^.r ^' 
 
 ° S. IV. 
 
 100 quarters at $8.00 $800 00 ^°^- ^' ''■ 
 
 50 quarters at $1.00 50 00 
 
 $850 00 
 
 The plaintiff claims $850.00. 
 Place of trial, Guysboro', in the Co. of Guysboro'. 
 
 (Signed) 
 
 Delivered 
 
 Ko. 6. 
 
 The plaintiff was interested to the amount of $ under 
 
 a marine policy of insurance for that amount, dated the 
 
 day of 18 — , on the ship "Hero," subscribed by the 
 
 defendant for $ . 
 
 Particulars : — 
 
 1. Valued or open :— Valued at $20,000.00. 
 
 2. Voyage : — At and from Cardiff to Valparaiso. 
 
 3. {Or, Time : — From noon of 1st January, 1882, to 
 
 noon of 1st January, 1883). 
 
 4. Premium to defendant: — $ per cent. 
 
 5. Perils insured against causing loss : — Of the seas. 
 
 6. Loss : — Total (or exceeding 3 per cent.) 
 
 The plaintiff claims $ . 
 
 Place of trial, Truro. 
 
 (Signed) 
 Delivered . 
 
 Wo. 7. 
 
 The plaintiff has suffered damage from the defendants' 
 negligence in carrying the plaintiff as a passenger by rail- 
 way from New Glasgow to Antigonish, causing personal 
 injuries to the plaintiff, in a collision near St. James' River, 
 on the loth January, 1883. 
 
 66 
 
1026 FORMS — STATEMENTS OF CLAIM. [PAET III, 
 
 Appx. c. Particulars of expenses, &c. : — 
 
 s. IV. 
 Nos- 8, 9. Loss of 15 weeks' salary as clerk, at $10.00 
 
 per week $150 00 
 
 Dr. Smith 50 00 
 
 Nurse for 6 weeks 24 00 
 
 $224 00 
 
 The plaintiff claims $224 00. 
 
 Place of trial, Antigonish. 
 
 (Signed) 
 Delivered . 
 
 Ifo. S. 
 
 1. The plaintiff has suffered damage from the defend- 
 ant's negligence in his conduct for the plaintiff, as his 
 solicitor, of business undertaken by the defendant on the 
 plaintiff's retainer. 
 
 2. The negligence was in making an application under 
 Order ., Rule ., in the case of A. B. (the plaintiff) vs. G. 
 D., where the case was one of unliquidated damages and 
 not of debt. 
 
 Particulars of damage : — 
 
 Taxed costs paid to defendant on dismissal of sum- 
 mons % . 
 
 The plaintiff claims $- 
 Place of trial . 
 
 Delivered . 
 
 (Signed) 
 
 No. 9. 
 
 1. By a repairing covenant contained in a lease under 
 seal from the plaintiff to the defendant, dated the 1st of 
 January, 1870, of a house No. 401 Bedford Row, for seven 
 years from the 25th of December, 1875, the defendant 
 covenanted to keep the premises in such repair and con- 
 dition as therein mentioned. 
 
CHAP. lt)4.] FORMS— STATEMENTS OF CLAIM. 1027 
 
 2. The premises were during the term out of such Appx. c. 
 repair as was required by the covenant. ^'^ ^ 
 
 3. They were yielded up out of such repair at the 
 expiration of the term. 
 
 4. Particulars of dilapidations were delivered to the 
 
 defendant's solicitor on the ^ of , 18 — , and 
 
 exceed three folios. 
 
 The plaintiff claims $ — 
 Place of trial . 
 
 Delivered . 
 
 (Signed,) 
 
 No. 10. 
 
 1, The plaintiff has suffered damage by breach of 
 
 promise by the defendant to marry her on the of 
 
 , (or, within a reasonable time, which elapsed before 
 
 action), {or, on the death of A. B., which happened before 
 action). 
 
 2. The defendant refused to marry the plaintiff on the 
 
 of , {or, within a reasonable time) {or, on the 
 
 death of A. B.) 
 
 Particulars of special damage : — 
 
 (As the case may he, if any.) 
 
 The plaintiff" claims $ . 
 
 Place of trial . 
 
 (Signed,) ■ . 
 
 Delivered ^ — . 
 
 SECTION V. 
 
 ACTIONS CLAIMING INJUNCTIONS, DAMAGES, OR DECLARATIONS 
 OF RIGHT FOUNDED ON WRONGS. 
 
 Wo. 1. 
 
 The plaintiff has suffered damage by the defendant 
 Wrongfully depriving the plaintiff of two casks of oil by 
 refusing to give them up on demand {or, throwing them 
 out of a boat in the London Docks, &c.) 
 
1028 rOKMS — STATEMENTS OF CLAIM. [PART III. 
 
 Appx. c (If any damage is claimed, add) — 
 
 B. V. 
 
 t^Qg- 3. 3- Particulars (fill them in.) 
 
 The plaintiff claims $500. 
 Place of trial, Halifax. 
 
 (Signed,) . 
 
 Delivered 
 
 The defendant detained from the plaintiff the plaintiff's 
 goods and chattels, that is to say, a horse, harness and gig. 
 
 The plaintiff claims a return of the said goods and 
 chattels or their value, and $100 for their detention. 
 
 Place of trial, Annapolis, in the County of Annapolis. 
 
 (Signed,) . 
 
 Delivered . 
 
 TSo. 3. 
 
 The plaintiff has suffered damage from personal injuries 
 to the plaintiff and damage to his carriage, caused by the 
 defendant or his servant on the 15th of January, 1882, 
 negligently driving a cart and horse in Granville Street. 
 
 Particulars of expenses^ &c. : — 
 
 Charge of Mr. Smith, surgeon $100 00 
 
 Charge of Mr. Jones, coachmaker 80 00 
 
 $180 00 
 
 The plaintiff claims $180. 
 Place of trial, Halifax. 
 
 (Signed,) 
 Delivered — . 
 
CHAP. 104.] FORMS — STATEMENTS OF CLAIM. 1029 
 
 Nos. 4r-8. 
 
 No. 4. Appx. 0. 
 
 B. V. 
 
 The plaintiff as executor of G. D., deceased, brings this _ 
 action for the benefit of Eva, the wife, and William and 
 Margaret and Dorothea, the children of G. D., (as the case 
 •may he), who have suSered damage from defendant's 
 negligence in carrying the said G. D. by omnibus, whereby 
 the said C D. was killed in Kentville on the 15th January, 
 1882. 
 
 Plaintiff claims Si 000. 
 
 Place of trial, Halifax. 
 
 (Signed) 
 Delivered . 
 
 IVo. 5. 
 
 The plaintiff has suffered damage from injuries to his 
 ship the " Betsy," and the cargo on iDoard thereof, by a col- 
 lision with the ship " Jane," caused by the negligent 
 navigation thereof by the defendant or his servants in the 
 Harbor of Halifax, on the 1st of February, 1883. 
 
 Particulars of loss and expenses : — 
 
 1. Charges of Jones & Co., shipwrights, $2100. 
 
 2. Loss of use of ship from 1st February, 1883, to 1st 
 
 of March, 1883, $1000. 
 
 Particulars of damage to cargo : — 
 (Insert them.) 
 
 The plaintiff claims $ . 
 
 Place of trial, Halifax. 
 
 Delivered . 
 
 (Signed) 
 
 No. «. 
 
 ' The defendant has infringed the plaintiff's patent, No. 
 14,084, granted for the term of 14 years, from the 21st May, 
 1880, for certain improvements in the manufacture of iron 
 and steel, whereof the plaintiff was the first inventor. 
 
1030 FORMS — STATEMENTS OF CLAIM. [PAET III. 
 
 Appx C. ipjjQ plaintiff claims an injunction to restrain the 
 
 Nos. n 8. defendant from further infrirgement, and $500 damages. 
 
 Particulars of breaches are delivered herewith. 
 
 Place of trial, Amherst. 
 
 (Signed) . 
 
 Delivered . 
 
 Wo, 7. 
 
 The defendant has infringed the plaintiff'^s copyright ia 
 a book entitled " The History of Rome," registered on the 
 day of . 
 
 Particulars of special damage are as follows : — 
 
 Loss of sale of 50 copies . . , , $250 00 
 
 Loss of profit in the copyright 250 00 
 
 $500 09, 
 The plaintiff claims $500. 
 
 Place of trial, Windsor, 
 
 (Signed) ■ . 
 
 Delivered . 
 
 Wo. 8. 
 
 1. The defendant has infringed the plaintiff's trade 
 mark, 
 
 2. The trade mark is (describe it.) 
 
 (If the plaintiff is not the original proprietor of the 
 trade mark, show shortly how his title is derived.) 
 
 3. The following are the acts complained of/ viz : 
 
 (Set them out.) 
 
 The plaintiff claims an injunction to restrain the 
 defendant, his servants, and agents, from infringing the 
 plaintiff's said trade mark, and in particular from (stating, 
 any particular injunction sought.) 
 
 The plaintiff also claims an account or damages. 
 
 (Signed) . 
 
 Delivered 
 
CHAP. ]04.] FORMS — STATEMENTS OF CLAIM. 1031 
 
 Wo. 9. Appx. C. 
 
 s. V. 
 The plaintiff has suffered damage from the seduction nos. 9, lo. 
 and carnall_y knowing by the defendant of G. H., the 
 (daughter and) servant of the plaintiff". 
 
 Particulars of special damage are as follows : — 
 
 Loss of service from the 1st of March, to the 
 
 30th November, 1882 $200 00 
 
 Nursing and medical attendance 50 00 
 
 250 00 
 
 The plaintiff claims $250. 
 
 Place of trial, Lunenburg. 
 
 (Signed) 
 Delivered . 
 
 No. 10. 
 
 1. The plaintiff is the owner (or lessee) and occupier 
 of a house, 700 Park street, Halifax, in which are the 
 following ancient lights : — 
 
 (1.) The kitchen window in the basement on the 
 south side. 
 
 (2.) The two back dining room windows on the ground 
 floor on the south side. 
 
 (3.) The landing window and back drawing room 
 window on the south side. 
 
 2, The defendant is erecting a building, which will, if 
 not stopped, materially diminish the light coming through 
 the said windows. 
 
 The plaintiff claims an injunction to restrain the 
 defendant, his contractors, servants nnd workmen, from 
 continuing the erection of the building, so as to obstruct 
 or diminish the access of light to the said windows or any 
 of them. 
 
 The plaintiff will also, if necessary, claim to have the 
 said building pulled down, or damages for the injury he 
 will sustain, if the same is completed and not pulled down. 
 
 (Signed) . 
 
 Delivered , 
 
1032 FORMS — STATEMENTS OF CLAIM. [PART III. 
 
 Appx. C. Wo. 11. 
 
 a. V. 
 Nos. 11, 12. The plaintiff has suffered damage from offensive and 
 pestilential smells and vapours caused by the defendant in 
 the plaintiff's dwelling house, No. 15 James street, Truro. 
 
 The plaintiff claims : — 
 
 (1.) $250.00. 
 
 (2.) An injunction to restrain the defendant from 
 the continuance or repetition of the said 
 injury or the committal of any injury of a 
 like kind, in respect of the same property. 
 
 Place of trial, Truro, in the County of Colchester. 
 
 (Signed) . 
 
 Delivered 
 
 Wo. IS. 
 
 1. The plaintiff is the owner (or lessee) and occupier 
 
 of a farm known as , through which there runs a 
 
 river known as . 
 
 2. The defendant or persons in his employ pollute the 
 water in the said river by passing into the same the refuse of 
 the defendant's dye woiks, situate higher up the said river. 
 
 The plaintiff claims an injunction to restrain the 
 defendant, his servants and agents from sending from the 
 said dye works into the said river any matter so as to 
 pollute the waters thereof, or to render them unwholesome 
 or unfit for use, to the injury of the plaintiff, {or as the 
 case may be.) 
 
 The plaintiff will also claim damages in respect of the 
 .said nuisance. 
 
 Place of trial, . 
 
 (Signed) ; . 
 
 Delivered 
 
CHAP. 104.] FORMS— ^STATEMENTS OF CLAIM. 1033 
 
 No. 13. Jippz. C. 
 
 s. V. 
 
 1. On 31st January, 1888, the defendant issued a pros- Nos. 13, 14. 
 pectus to the public, relating to the A. B. Company, 
 Limited. 
 
 2. On February 1st, 1883, the plaintiff received a copy 
 of this prospectus. 
 
 3. The plaintiff subscribed for 100 shares in the com- 
 pany on the faith of this prospectus. 
 
 4. The prospectus contained misrepresentations, of 
 ■which the following are particulars: — 
 
 (a.) The prospectiis stated "....whereas in fact.... 
 (&.) The prospectus stated "....whereas in fact.... 
 (c.) The prospectus stated "....whereas in fact.... 
 
 5. The defendant knew of the real facts as to the above 
 particulars. 
 
 6. The following facts, which were within the knowl- 
 edge of the defendants, are material, and were not stated in 
 the prospectus : — 
 
 {h.) . 
 
 7. The plaintiff has paid calls to the Company to the 
 extent of $2000.00. 
 
 The plaintiff claims : — 
 
 (1.) Repayment of $2000.00 and interest. 
 (2.) Indemnity. 
 
 (Signed,) . 
 
 Delivered . 
 
 No. 14. 
 
 The plaintiff has suffered damage from the defendant 
 inducing the plaintiff to buy the goodwill and lease of the 
 George Hotel, Windsor, by fraudulently representing to the 
 plaintiff that the takings of the said hotel were $80 a week, 
 whereas in fact they were much less, to the defendant's 
 knowledge. 
 
 Particulars of special damage : — 
 
 (Fill them in.) 
 
 The plaintiff claims $ . 
 
 (Signed,) . 
 
 Delivered . 
 
1034 FORMS — STATEMENTS OF CLAIM. [PART III. 
 
 APPX. C. No. 15. 
 
 s. VI. 
 No, 1. 
 
 The defendant maliciously and without reasonable and 
 probable cause preferred a charge of larceny against the 
 plaintiff before a justice of the peace, causing the plaintiff' 
 to be sent for trial on the charge and imprisoned thereon, 
 and prosecuted the plaintiff" thereon at the Supreme Court, 
 at Pictou, where the plaintiff" was acquitted. 
 
 Particulars of special damage : — 
 
 Messrs. L. & L.'s bill of costs, $300. 
 Loss in business from January 1, 18S3, to February 
 18, 1883, $500. 
 
 The plaintiff" claims 
 
 Place of trial . 
 
 (Signed,) 
 
 Delivered 
 
 SECTION VI. 
 
 ACTIONS FOR RECOVERY OF LAND, &C. 
 Ifo. 1. 
 
 1. The plaintiff is entitled to the possession of a farm 
 and premises called Church Farm, in the township of 
 Clement, in the County of Annapolis, which was let by 
 the plaintiff to the defendant for the term of three years, 
 from the 29th of September, 1879, which term has expired 
 (or as tenant from year to year from the 29 th September, 
 1875, which said tenancy was duly determined by notice to 
 quit expiring on the 29th of September, 1881.) 
 
 The plaintiff" claims possession and $200 for mesne 
 profits. ' . 
 
 Place of trial, Annapolis. 
 
 • (Signed,) .. 
 
 Delivered — . 
 
CHAP. 104.] FORMS — DEFENCE. 1035 
 
 Appx, D. 
 
 W«- S- 8^_L 
 
 1. The plaintiff is entitled to the possession of Black- 
 acre, in the township of , (or of No. 2 Bridge street, 
 
 Pictou,) in the County of . 
 
 2. On and before the of , 18 — , A. B. was 
 
 seised in fee and in possession of the premises. 
 
 3. On the of , 18 — , the said A. B. died 
 
 so seised, whereupon : 
 
 4. The estate descended to the plaintiff, his eldest son, 
 and heir-at-law. 
 
 5. After the death of the said A. B., the defendant 
 wrongfully took possession of the premises. 
 
 The plaintiff claims : 
 
 (1.) Possession of the premises. 
 
 (2.) Mesne profits from the of . 
 
 Place of trial, . 
 
 (Signed) . 
 
 Delivered . 
 
 .i5^I=I=E3iTIDI22: ID, 
 
 FORMS OF DEFENCE TO BE USED PUESUANT TO 
 OKDER XIX., RULE 5. 
 
 SECTION I. 
 
 GENERAL FORM. 
 
 18—. No. . 
 
 In the Supreme Court. 
 
 Between , plaintiff, and , defendant. 
 
 Defence. 
 
 The defendant says that : 
 
 „■ \ (To be filled up in the manner exemplified in tko. 
 ' r following forms.) 
 
 (Signed)- . 
 
 Delivered . 
 
1036 FORMS — DEFENCE. [PART III. 
 
 Appz. D. 
 s. II. 
 
 Counter-claim. 
 The defendant saj's that : 
 
 1} 
 
 (To he filled up in the manner exemplified in the 
 following forms.) 
 
 (Signed) 
 Delivered . 
 
 The defendant counter-claims. 
 
 (Signed) 
 
 Delivered 
 
 Defence and Counter-claim. 
 Defence. 
 The defendant says : — 
 
 „■ j- (To be filled up. J 
 
 Counter-claim. 
 
 The defendant repeats paragraph 2 of his defence, and 
 says that : 
 
 / > (To he filled up.) 
 
 The defendant counter-claims. 
 
 (Signed) 
 
 Delivered 
 
 SECTION II. 
 
 TO ACTIONS OF AN EQUITABLE NATURE. 
 
 APPENDIX C, SBC. U. 
 
 (To Actions for AdTninistration.) 
 
 1. The defendant does not admit the plaintiffs claim. 
 
 (or) 
 The defendant, A. B., admits the plaintiffs claim, but not 
 assets. 
 
 (or) 
 The defendant, C. D., admits assets, but not the plaintift's 
 claim. 
 
CHAP. 104.] FORMS — DEFENCE. 1037 
 
 2. The claim is barred by the Satute of Limitations. a.vpx. d. 
 
 •' a. II 
 
 {State which.) no.i. 
 
 3. Payment was made by deceased. 
 
 4. The claim is fraudulent in the following particulars: 
 
 {Set out particulars.) 
 
 B. The defendant is entitled to a set-off, of which the 
 following are the particulars : 
 
 {Set out particulars.) 
 
 6. The claim was released by deed dated of . 
 
 7. Notice was given and assets distributed under 
 Cap. of . 
 
 Particulars of the Notice. 
 
 Advertisements in the — of January 1, 1880. 
 
 N. Y. Herald, Feb., 1881. 
 London Times, Jan. 25, 1881. 
 
 (Giving the titles of the newspapers and the dates of 
 those in which the advertisement appeared.) 
 
 8. The personal estate of the testator is sufficient to pay 
 the plaintiflt his debt if established. 
 
 9. The defendant is not heir-at-law or devisee of the 
 deceased. 
 
 (Signed) . 
 
 Delivered . 
 
 Tin. 1. 
 
 (To Actions for Foreclosure.) 
 
 1. The defendant did not execute the mortgage. 
 
 2. The mortgage was not assigned to the plaintiff (if 
 more than one assignment is alleged say which is denied.) 
 
 3. The debt is barred by the Statute of Limitations. 
 
 4. Payments have been made, viz : 
 
 10 July, 1874, $1000. 
 18 October, 1875, $500. 
 
 5. The plaintiff took possession on the — — - of — 
 
 and has received the rents ever since. 
 
 6. The plaintiff released the debt by deed, dated 1 
 June, 1882. 
 
1038 FORMS — DEFENCE. [PART III. 
 
 Appx. D. 7. The defendant conveyed all his interest to A. B., 
 
 Ko ^1 ^y ^^^^ ^^^^^ ^^ November," 1880. 
 The defendant claims : — 
 
 (1.) Account. 
 
 (2.) Re-conveyance. 
 
 (Signed) -. 
 
 Delivered . 
 
 ]Vo. a. 
 
 (To same by alleged Second Incumbrancer, who claims 
 Priority.) 
 
 2. 
 
 .■ y (As in pr-eceding Form.) 
 5. 
 
 7. By a deed dated 1st June, 1880, the mortgagor, 
 A. B., mortgaged the property in question to the defendant 
 to secure $5000, and interest at 5 per cent, per annum. 
 
 The defendant claims : — 
 
 1. A declaration of priority and foreclosure (and a 
 receiver.) 
 
 (Signed,) . 
 
 Delivered ^. 
 
 (If the plaintiff claims payment of the Tnortgage debt, the 
 defendant must, if he disputes his liability, show the 
 grounds on which he does so, as in other cases of debt ; 
 or he can claim indemnity against the owner of the 
 equity of redemption under Order X VI., Rule 43.) 
 
 (To Actions for RedemptionJ. 
 
 1. The plaintiffs right to redeem is barred by the 
 Statute of Limitations. — (State which.) 
 
 2. The plaintiff assigned all interest in the property to 
 A.B. 
 
 3. The defendant by deed, dated the — : — day of 
 
 , assigned all his interest in the mortgage debt and 
 
 property comprised in the mortgage to A. B. 
 
CHAP, 104.J FORMS— DEFENCE 1039 
 
 4. The defendant never took possession of the mort- ^ppx. D. 
 gaged property, or received the rents thereof. ^o, 2. 
 
 (If the defendant admits possession for a time only, he 
 should state the tim,e, and deny possession beyond 
 what he admits.) 
 
 (Signed,) . 
 
 Delivered . 
 
 (To Actions for Specific Performance.) 
 
 1. The defendant did not enter into the agreement. 
 
 2. A.B. was not the agent of the defendant (if alleged 
 by plaintiff. ) 
 
 3. The plaintiff has not performed the following 
 conditions. — (Conditions.) 
 
 4 The defendants did not. — (Alleged acts of part 
 performance.) 
 
 6. The plaintiff's title to the property agreed to be 
 sold is not such as the defendant is bound to accept by 
 reason of the following matters : — (State why.) 
 
 6. The Statute of Frauds has not been complied with. 
 
 7. The agreement is uncertain in the following respects 
 — (State them.) 
 
 8. (or) The defendant has been guilty of delay ; 
 
 9. (or) The defendant has been guilty of fraud (or 
 misrepresentation) ; 
 
 10. (or) The agreement is unfair ; 
 
 11. (or) The agreement was entered into by mistake. 
 
 The following are particulars of (8), (9), (10), (11), (or 
 as the case may be) 
 
 12. The agreement was rescinded under Conditions 
 of Sale, No. 11, (or, by mutual agreement,) 
 
 (Signed,) . 
 
 Delivered . 
 
 (In cases where damages are claimed and the defendant 
 disputes his liability to damages, he must deny the 
 agreement or the alleged breaches, or show whatever 
 other grounds of defence he intends to rely on, e. g., 
 Statute of Limitations, accord and satisfaction, 
 release, fraud, &c.) 
 
1040 FORMS — DEFENCE. [PAET III. 
 
 APPX.D. SECTION III 
 
 B. III. 
 
 TO ACTIONS INCLUDED IN ORDER III., RULE 5, CLASSES 
 A., B., C, D., E. AND F. 
 
 (To Actions on Bills of Exchange, Promissory Notes, 
 or Checks.) 
 
 1. The defendant did not accept the bill. 
 
 2. The defendant did not make the note. 
 
 3. The defendant did not draw the check. 
 
 4. The defendant did not endorse io A. B. 
 
 5. The defendant {or A. B.,) did not endorse to the 
 plaintiff. 
 
 6. The bill was not presented for pa3'ment. 
 
 7. The defendant had not due notice of dishonor. 
 
 8. The plaintifJ" was not the holder at the commence- 
 ment of the action. 
 
 9. The bill was accepted (or, the note was made) for 
 the accommodation of the defendant without consideration. 
 
 10. The bill was accepted for the accommodation of the 
 drawer and indorsed to the plaintiff without consideration. 
 
 11. The bill was accepted and delivered to the drawer 
 ■without consideration for the purpose of his getting it 
 discounted for the defendant, and the drawer, in fraud of 
 the defendant, and contrary to the said purpose, indorsed 
 the bill to the plaintiff without consideration, {or, with 
 notice of the said fraud, or overdue.) 
 
 12. The defendant was. induced to accept by the 
 fraud of the drawer, who indorsed to the plaintiff without 
 consideration {or, with notice of the fraud, or, overdue,) 
 
 Particulars of the fraud are as follows : The drawer 
 on or about the 15th of May, 1882, falsely and fraudulently 
 stated to the defendant that he had shipped 20 tons of pig 
 iron for the defendant on board the " Ajax," which he had 
 not done. 
 
 13. The defendant accepted the bill {or, made the 
 note) for and on account of the price of 50 tons of coal to 
 be delivered by the plaintiff to the defendant by the Ist 
 of May, 1882, and the plaintiff failed to deliver the goods. 
 
 14. The bill {or, note, or, check) was rendered void 
 after issue by a material alteration, viz., by the alteration 
 of the date from the 21st of January to the 2nd January. 
 
 (Signed) 
 Delivered . 
 
CHAP. 104.J FORMS — DEFENCE. 1041 
 
 {To Actions for any Siviple Contract Debts, other than appx. d. 
 
 Bills, Notes, or Checks.) 
 
 1. The defendant did not order the goods. 
 
 2. The goods were not delivered to the defendant. 
 
 3. The price was not $ . 
 
 (of) 
 
 5. y Except as to $ , same as < 2. 
 
 6. j (3. 
 
 7. The defendant (or^ A. B., the defendant's agent), 
 ^ tisfied the claim by payment before action to the plaintiff, 
 y^r, C. D; the plaintiff's agent), on the of , 18 — . 
 
 8. The defendant satisfied the claim by payment after 
 action to the plaintiff on the day -, 18 — . 
 
 (Signed) . 
 
 Delivered . 
 
 8. III. 
 
 (To Actions on Bonds or Contracts under Seal, for Payment 
 of a Liquidated Amount in Money. 
 
 1. The bond (or deed) is not the defendant's bond 
 (or deed.) 
 
 2. The defendant made payment to the plaintiff, on 
 the day according to the condition of the bond. 
 
 3. The defendant made payment to the plaintiff, after 
 the day named and before action, of the principal and 
 interest mentioned in the bond. 
 
 (Signed) . 
 
 Delivered . 
 
 [In Actions on Guaranties, whether under Seal or not, 
 where the Claim against the Princi.pal is for a Debt or 
 Liquidated Demand. Ord. III., Rule 5, Class (D.J]. 
 
 1. The principal satisfied the claim by payment before 
 action. 
 
 2. The defendant was released by the plaintiff giving 
 time to the principal debtor, in pursuance of a binding 
 agreement. 
 
 (Signed) . 
 
 Delivered 
 
 67 
 
1042 FORMS — DEFENCE. [PART III, 
 
 Appr D- (To any Action of Debt.) 
 
 ' — '- — 1. As to 3200 parcel of the money claimed, the defend- 
 ant is entitled to set-ofi'for goods sold and delivered by the 
 defendant to the plaintiff. Particulars are as follows : — 
 
 1 882,' Jan. 25. To 20 tons of coal at $4 . . $ 80 00 
 
 " Feb. 1. To 30 tons of coal at $4. . 120 00 
 
 Total $200 00. 
 
 2. As to the whole (or, as to $ , parcel of the 
 
 money claimed), the defendant^ made tender before action 
 
 (or, on the day on which it fell due) of $ , and has 
 
 paid the same into Court. 
 
 (Signed) -. 
 
 Delivered . 
 
 GENERAL DEFENCES. 
 
 1. On 5th April, 1882, a brown horse was delivered by 
 the defendant to, and accepted by, the plaintiff in discharge 
 of the alleged cause of action ; 
 
 (Or, on 5th April, 1882, an agreement between the 
 plaintiff and the defendant, whereby it was agreed between 
 the plaintiff and the defendant that the defendant should 
 deliver the cargo of the " Mary" at Pugwash, instead of 
 at Halifax, as per charter-party of 1st March, 1882, was 
 accepted in discharge of the alleged cause of action.) 
 
 2. The defendant became bankrupt. 
 
 3. The plaintiff became bankrupt before action, and 
 the cause of action vested in the trustees of his property. 
 
 4. The defendant was covert at the time of making 
 the alleged contract, {or, contracting the alleged debt.) 
 
 5. The defendant was an intant at the time of making 
 the alleged contract {or, contracting the alleged debt.) 
 
 6. The defendant as to the whole action, {or, as to 
 
 of $ , parcel of the money claimed, or, as to the 
 
 plaintiff's claim on the guarantee of the of 
 
 18 , (or as the case inay he), has paid into Court $- 
 
 and says that sum is enough to satisfy the plain tifi's claim 
 {or, the plaintiff's claim herein pleaded to.) 
 
 7. The causes of action were released by deed dated the 
 1st of May, 1882, between the plaintiff of the first part and 
 the defendant of the second part. 
 
 8. The contract was rescinded {o^^ the defendant was 
 exonerated by the plaintiff) before breach. Particulars are 
 as follows : — An arrangement between the plaintiff and the 
 defendant, made verbally on the loth of April, 1882, {or, 
 by letter from the defendant to the plaintiff and answer of 
 the plaintiff dated the 14th and 15th April, 1882.) 
 
X)HAR 104.] FORMS— DEFENCfi. lOi^S 
 
 9. The debt was barred by the Statute of Limitations, Appx. d. 
 
 "{state lukich.) 
 
 10. (17th) .section of the Statuteof Frauds has not been 
 complied with. 
 
 ^Signed) -^ — -^ . 
 
 Delivered ^ — ^—'^. 
 
 a. IV. 
 
 SECTION IV. 
 
 TO ACTIOKS FOR DAMAGES FOR BREACH OF CONTRACT OR 
 1)UTY. — APPENDIX C, SECT. IV. 
 
 1. The defendant did not contract (or, promise, or 
 •agree), as alleged. 
 
 2. The defendant did not receive the goods for the 
 alleged purpose (or, on the alleged terms.) 
 
 3. The defendant did not receive the plaintiff as a 
 passenger to be carried as alleged. 
 
 4. The defendant did not (insert breaches denied.) 
 
 5. The defendant was not ready and willing to accept 
 ■and pay for the goods (or, to deliver the goods, or, as the 
 ■case may be.) 
 
 C. There was contributory negligence on tbe part of 
 the. plaintiff. 
 
 7- The plaintiff' did not pay or tender the money for 
 the carriage. 
 
 8. The damage or loss occurred from the inherent vice 
 ■{or, bad condition when received) of the goods (or, horse, 
 or, as the case may be). 
 
 9. The loss occurred by reason of the excepted perils 
 mentioned in the charter-party, (or, bill of lading), that is 
 to sa}', the perils of the seas, {or, fire, or as the case may be.) 
 
 10. The charter-party was cancelled pursuant to 
 ■cancelling clause therein, the ships not having arrived at 
 port of loading on or before 1st May, 1882. 
 
 11. The alleged liability of the defendant had ceased 
 by reason of cesser clause in the charter-party, the cargo 
 shipped having been worth more at the poi't of discharge 
 than the freight or demurrage. 
 
 12. The loss was not by the perils insured against. 
 
 13. The plaintiff' was not interested in the subject- 
 matter of the insurance. 
 
 14. The ship was not seaworthy at commencement of 
 ■risk {or, voyage). 
 
 15. The plaintiff was not ready and willing to marry 
 the defendant. 
 
 (Signed,) -— -. 
 
 Delivered — . 
 
1044 FORMS — DEFENCE. [PART III. 
 
 Appx-d: . SECTION V. 
 
 S. V. 
 
 TO ACTIONS CLAIMING INJUNCTIONS, DAMAGES, OR DECLARA- 
 TIONS OF RIGHT, FOUNDED UPON WRONGS. 
 APPENDIX C, SECT. V. 
 
 {To all Actions' for Wrong.'} 
 
 1. Denial of the several acts {pr, matters) complained 
 of. 
 
 (Signed,) . 
 
 Delivered . 
 
 (To Actions for Detention or Conversion of Chattels) 
 
 1 . The goods {or, chattels, or, as the case may he) were 
 not the plaintiff's. 
 
 2. The goods were detained for a lien to which the 
 defendant was entitled. Particulars are as follows : — - 
 
 1882, May 3. To carriage of the goods claimed from 
 
 London to Birmingham :— 
 45 tons at 50c $22 50 
 
 (Signed,) . 
 
 Delivered . 
 
 (To Actions for Personal Bodily Injuries, or Injuries 
 
 to Carriages, Goods or Animals, by Irespass 
 
 or Negligence.) 
 
 1. The defendant did the acts complained of in 
 necessary self-defence. 
 
 2. There was contributory negligence on the part of 
 the plaintiff ('or, the plaintiff's servant.) 
 
 (Signed,) . 
 
 Delivered . 
 
 {To Actions for Infringement of a Patent.) 
 
 1. The defendant did not infringe the patent. 
 
 2. The invention was not n&\\. 
 
 3. The plaintiff was not the first or true inventor, 
 
 4. The invention was not useful. 
 
CHAP. 104.J rORMS — DEFENCE. 1045 
 
 5. (Denial of any other matter of fact affecting the Appx. d. 
 
 validity of the patent.) 
 
 6. The patent was not assigned to the plaintiff. 
 
 (Signed,) . 
 
 Delivered . 
 
 (Copyright.) 
 
 1. The plaintiff is not the author (assignee, (fee, as the 
 €ase ffiay he.) 
 
 2. The book was not registered. 
 
 3. The defendant did not infringe. 
 
 (Signed) . 
 
 B. V. 
 
 Delivered 
 
 (Trade-mark.) 
 
 1. The trade mark is not the plaintiff's. 
 
 2. The alleged trade mark is not a trade mark. 
 
 3. The defendant did not infringe. 
 
 (Signed) 
 
 Delivered . 
 
 ■(Light.) 
 
 1. The plaintiff^s lights are not ancient (or deny Ms 
 other alleged prescriptive rights.) 
 
 2. The plaintiff's lights will not be materially interfered 
 with by the defendant's buildings. 
 
 '{Nuisance^ 
 
 3. Tlie defendant denies that he or his iservants pollute 
 the water (or, do what is complained of^) 
 
 (// the defendant claims the right by prescription, or 
 otherwise, to do ivhat is complained of, he must say so, and 
 ■imust state the grounds of his claim, i. e., whether hy 
 prescription, grant, or what.) 
 
 4. The plaintiff has been guilty of laches, of which the 
 following are particulars: 
 
 1870. Plaintiff's mill began to work. 
 
 1871. Plaintiff came into possession. 
 1883, Fir&t complaint. 
 
1046 FORMS — DEFENCE. [PART III 
 
 Appx. D 5. As to the plaintiff's claim for damages, the defendant 
 
 s s. Yi., VII ^j]i j.g]y Qjj (;}jg above grounds of defence, and says thai} 
 
 the acts complained of have not produced any damage to 
 
 the plaintiff. (If other grounds are relied on, they must he 
 
 stated, e. g., the Statute of Limitations as to 'past damage.)- 
 
 (Signed) . 
 
 Delivered . 
 
 (To Action for Seduction.)^ 
 
 1'. The said A. B. was not the servant of the plaintiff. 
 2. The defendant did not seduce and carnally know 
 the said A. B. 
 
 (Signed) . 
 
 Delivered >. 
 
 SECTION VI. 
 
 TO ACTIONS FOR RECOVERY OF LAND. APPENDIX C, SECT. VI. 
 
 1. The defendant is in possession of the premises by- 
 himself or his tenant. 
 
 2. The defendant has no notice to quit. 
 
 (Signed). . 
 
 Delivered —. 
 
 SECTION VII. 
 
 COUNTER-CLAIMS. 
 
 The defendant lent 8500 to the plaintiff on 1st May, 1882. 
 The defendant counter-claims $500. 
 1. The defendant has suffered damage by the plaintiff's 
 breach of a contract for the sale and delivery by the 
 plaintiff to the defendant of 5,000 tons of. steam coal at 
 $4.00 per ton F. 0.,B. at Pictou, by equal monthly deliveries 
 over the first five months of 1882. 
 
 2. The April and May instalments were not delivered. 
 Particulars of the damages; 
 Difference between market price in April 
 and May, and the contract price, S0.50 
 
 per ton on 2,000 tons $1000 OO 
 
 The defendant counter-claims .§1000.00. 
 
 (Signed) ^.. 
 
 Delivered —^ 
 
CHAP. 104.] FORMS — REPLY, ETC, 1047 
 
 .iL.I=I=E]3SrX3i:X E. Appx. E. 
 
 s. I. 
 
 FOEMS OF REPLY, &o., TO BE U.SED PURSUANT TO 
 ORDER XIX., RULE 5, 
 
 SECTION I. 
 
 (OeneralForm.) 
 
 18 — . (Here put the letter and number.) 
 
 In the Supreme Court. 
 
 Between , Plaintiff, 
 
 and 
 , Defendant. 
 
 Reply. 
 
 The plaintiff, as to the defence, says that— 
 
 1. . 
 
 2. . 
 
 The plaintiff, as to the counter-claim, says that — 
 
 1. . 
 
 2. . 
 
 (Signed) 
 
 Delivered . 
 
 Reply. 
 
 (In Action on Guarantee to which defence raised of time 
 given to Principal, and Counter-claim,, for Non- 
 delivery of Goods.) 
 
 The plaintiff, as to the defence, says that — 
 
 1. He joins issue. 
 
 2. The agreement giving time to the principal 
 expressly reserved remedies against the surety. 
 
 The plaintiff, as to the counter-claim, says that — 
 
 1. The defendant was not ready and willing to accept 
 and pay for the goods. 
 
 (Signed) . 
 
 Delivered , 
 
1048 rOEMS — REPLY, ETC. [PAET III. 
 
 ^pp^-.E- SECTION II. 
 
 s. II 
 
 EXAMPLE OF A STATEMENT OF CLAIM, DEFENCE, AND 
 
 REPLY. 
 
 18 — . (Here put the letter and number.) 
 
 In the Supreme Court. Between A. B., Plaintiff, 
 
 and 
 a D., Defendant. 
 
 Statement of Claim. 
 
 The plaintiff's claim is for work done and materials 
 provided by the plaintiff for the defendant at his request. 
 
 Particulars : 
 
 1882. Januarj'lsttoSlstMay. To rebuild- 
 ing house at Dartmouth, as per con- 
 tract, dated the 24th December, 
 
 1881 $3000 00 
 
 To extras, as per account delivered. . 500 00 
 
 $3500 00 
 Paid on account 2000 00 
 
 Balance due $1500 00 
 
 The plaintiff also seeks to recover interest on the above 
 balance from the 31st May, 1882,'till payment or judgment. 
 
 Place of trial, . 
 
 (Signed,) 
 Delivered the of , 18 
 
 (Heading as in General Form.) 
 Defence and Counter-claim. 
 
 Defence. 
 
 The defendant says that : — 
 
 1. Except as to $200, parcel of the money claimed, the 
 architect did not grant his certificate pursuant to the 
 contract. 
 
CHAP. 104.J FORMS — REPLY, ETC. 1049 
 
 2. A.S to $200, parcel of the money claimed, the Appx. e. 
 
 defendant brings (or- has brought) into Court $200, and says 5:-iJ.: 
 
 that sum is enough to satisfy the plaintiff's claim herein 
 pleaded to. 
 
 Counter-claim. 
 
 The defendant says that : — - 
 
 1. The contract contained a clause whereby it -was 
 provided that the plaintiff should complete the works by 
 the 31st of March, 1882, or in default pay to the defendant 
 $4 a day for every subsequent day during which the works 
 should remain unfinished, and they so remained unfinished 
 for 61 days to the 31st of May. 
 
 The defendant counter-claims $244. 
 
 (Signed,) . 
 
 Delivered the 22nd of January, 1883. 
 
 {Heading as in General Form.) 
 
 REPLY. 
 
 The plaintiff says that — 
 
 1. As to the first paragraph of the defence, he joins 
 issue. 
 
 2. As to the second paragraph thereof, the plaintiff 
 accepts the $ in satisfaction. 
 
 The plaintiff as to counter-claim says that — 
 
 3. The liquidated damages were waived by ordering 
 extras and material alterations in the works. 
 
 4. The defendant waived the liquidated damages by 
 preventing the plaintiff" from having access to the premises 
 till a week after the agreed time. 
 
 (Signed,) . 
 
 Delivered the of , 1884. 
 
1050 FORMS— REPLY, ETC. [PART III. 
 
 App^c. E. SECTION III. 
 
 B III. 
 
 Nos. 1, 2. 
 
 DEFENCE INCLUDING AN OBJECTION IN POINT OF LAW. 
 
 No. 1. 
 
 {Heading) 
 
 Defence. 
 
 {To Action on Gritaranty for Price of Goods.) 
 
 The defendant says that — 
 
 1. The goods were not supplied to E. F. on the 
 
 guarantee 
 
 le defendant 
 I past consider 
 
 (Signed,) 
 
 2. The defendant will object that the guarantee 
 discloses a past consideration on the face of it. 
 
 Delivered 
 
 No. a. 
 
 (Heading.) 
 
 Defence. 
 
 fTo Action for Verbal Slander, actionable only by reason 
 of Special Damage.) 
 
 The defendant says that — 
 
 1. The defendant did not speak or publish the words, 
 
 2. The words did not refer to the plaintiff. 
 
 3. The defendant will object that the special damage 
 stated is not sufficient in point of law to sustain the action. 
 
 (Signed) • . 
 
 Delivered . 
 
CHAP. 104.] FOEMS — JUDGMENT. 1051 
 
 Ne. 3. Appx, F. 
 
 No. 1. 
 
 (Heading.) 
 
 Defence. 
 
 (To Action on a Marine Policy, stated to contain Clauses 
 
 that the Policy was to he Proof of interest, and 
 
 without Benefit of Salvage.) 
 
 The defendant says that — 
 
 1. The defendant did not make the policy. 
 
 2. The loss was not by the perils insured against. 
 
 .3. The defendant will object that the policy was. 
 avoided by 19 Geo. II. c. 37, s. 1. 
 
 (Signed) — — - — . 
 
 Delivered - — . 
 
 .il^X=:FEiTIDI2S I^, 
 
 FOEMS OF JUDGMENT. 
 TXo. 1. 
 
 DEFAULT OF APPEARANCE AND DEFENCE IN CASE €>P 
 LIQUIDATED DEMAND. 
 
 18 — . (Here put the letter and number.) 
 
 In the Supreme Court. 
 
 Between A. B., plaintrif, 
 and 
 
 C. D., and E. F., defendants. 
 30th November, 18—. 
 
 The defendants (or the defendant G. D.) not having^ 
 appeared to the writ of summons herein (or not having 
 delivered any defence), it is this day adjudged that the 
 
 plaintiif recover against the said defendant $ ■, and 
 
 eosts, to be taxed. 
 
1052 FORMS— JUDGMENT. [PART III. 
 
 Appx. F. 
 
 Nos. 2—4. Wo. S. 
 
 INTERLOCUTORY JUDGMENT IN DEFAULT OF APPEARANCE OR 
 DEFENCE WHERE DEMAND UNLIQUIDATED. 
 
 (Heading as in Form 1.) 
 
 The day of , 18—. 
 
 No appearance having been entered to the writ of 
 summons (or no defence having been delivered by the 
 defendant herein.) 
 
 It is this day adjudged that the plaintiff recover against 
 the defendant the value of the goods (or damages or both, 
 as the case may he) to- be assessed. 
 
 Tio, 3. 
 
 JUDGMENT IN DEFAULT OF APPEARANCE IN ACTION FOR 
 RECOVERY OF LAND. 
 
 (Heading as in Form 1.) 
 
 30th November, 18—. 
 
 No appearance having been entered to the writ of 
 summons herein, it is this day adjudged that the plaintiff 
 recover possession of the land in the indorsement on the 
 writ described as . 
 
 No. 4. 
 
 JUDGMENT IN DEFAULT OF APPEARANCE AND DEFENCE 
 AFTER ASSESSMENT OF DAMAGES. 
 
 (Heading as in Form 1.) 
 
 30th November, 18 — . 
 
 The defendants not having appeared to the writ of 
 summons herein {or not having delivered any defence), and 
 
 a writ of inquiry dated , 18S4, having been issued 
 
 directed to the sheriff of , to assess the damages 
 
 which the plaintiff was entitled to recover, and the said 
 
 sheriff having by his return dated the 18 — , returned 
 
 that the said damages have been assessed at S , it is 
 
 adjudged that the plaintiff recover % , and costs to be 
 
 taxed. 
 
CHAP. 104.] FORMS — JUDGMENT. 1053 
 
 Wo. 5. Appx. F. 
 
 Nos. 6, 7. 
 JUDGMENT AFTER APPEARANCE AND ORDER UNDER ORDER 
 
 XIV., RULE 1. 
 (Heading as in Form 1.) 
 'The day of . 
 
 The defendant having appeared to the writ of summons 
 
 herein, and the plaintiff having by the order of , dated 
 
 the ■ day of ■ 18 — , obtained leave to sign judgment 
 
 under the Rules of the Supreme Court, Order XIV., Rule 1, 
 for (recite order) 
 
 It is this day adjucged that the plaintiff recover against 
 the defendant $ — • — (or, possession of the land in the 
 
 indorsement on the writ described as ) and costs to be 
 
 taxed. 
 
 The above costs have been taxed and allowed at $- 
 
 No. 6. 
 
 JUDGMENT AT TRIAL BY JUDGE WITHOUT A JURY. 
 
 {Heading as in Form 1.) 
 This action coming on for trial (the day of - 
 
 and) this day before in the presence of counsel for the 
 
 plaintiff and the defendants (or, if some of the defendants 
 do not appear, for the plaintiff and the defendant C. D,, no 
 one appearing for the defendants E. F. and G H., although 
 they were duly served with notice of trial as by the 
 
 affidavit of , tiled the day of 
 
 appears), upon hearing the probate of the will of , 
 
 the answers of the defendants C. D., E, F., and 0. H., to 
 
 interrogatories, the admission in writing, dated and 
 
 signed by (Mr. •, the solicitor for) the plaintiff J.. B., 
 
 and by (Mr. , the solicitor for) the defendant U. D., 
 
 the affidavit of , filed the day of , the 
 
 affidavit of filed the day of , the evi- 
 dence of , taken on their oral examination at the 
 
 trial, and an exhibit marked X., being an indenture dated, 
 &c., and made between (parties), and what was alleged by 
 counsel on both sides : This Court doth declare, &c. 
 And this Court doth order and adjudge, &c. 
 
1034 FORMS-— JUDGMENT. ft'ART III, 
 
 Appx. F. "«• '''• 
 
 No b. 7—9. 
 ~" JUDGMENT AFTER TRIAL WITH A JURY. 
 
 (Heading as in Form 1.) 
 
 15th November, 18^—. 
 
 The action having on the 12th and 13fch November, 18 — , 
 
 been tried before the Honorable Mr. Justice , with 
 
 a special jury of the county of -, and the jury having 
 
 found (state findings) and the said Mr. Justice — ' — 
 
 having ordered that judgment be entered for the plaintiff 
 
 for $ and costs (or as the case may be) : Therefore, it 
 
 is adjudged that the plaintiff" recover against the defendant 
 
 •S , and $ for his costs (or that the plaintiff recover 
 
 nothing against the defendant, and that the defendant 
 
 recover against the plaintiff $ for his costs of defence^ 
 
 or as the case may be.) 
 
 No. 8. 
 
 JUDGMENT A^TER TRIAL BEFORE REFEREE. 
 
 (Heading as in Form 1.) 
 
 30th November, 18—. 
 
 The action having on the 27th November, 18 — , been 
 tried before X. F., Esq., an official (or special) referee, and 
 the said X. Y. having found (or having ordered that 
 judgment may be entered) (state substance of referee's 
 certificate), it is this day adjudged that ■ — ^— . 
 
 No. 0. 
 
 JUDGMENT AFTER TRIAL OF QUESTIONS OF ACCOUNT BT 
 
 REFEREE. 
 
 (Heading as in Form 1.) 
 
 The day of , 18—. 
 
 The questions of account in this action having been 
 
 referred to — ■ — -, and he having found that there is 
 
 due from the - — - — - to the the sum of % , and 
 
 directed that the ^ ■- — do pay the costs of the reference. 
 
 It is this day adjudged that the recover against 
 
 th« $ and costs to be taxed. 
 
 The aboVe costs have been taxed and allowed at $ . 
 
CHAP. 104.] FoEMS— JUDGMENT. 1055 
 
 TSo. lO. Api)X F, 
 
 Noa. 10-12. 
 
 JUDGMENT UPON MOTION FOR JUDGMENT. 
 
 (Heading as in Form 1.) 
 
 80th November, 18—. 
 
 This day before — — Mr. X. of counsel for the plaintiff 
 
 (or as the case inay he), moved on behalf of the said 
 
 (state judgment moved for), and the said Mr. X. having 
 
 been heard of counsel for and Mr. Y., of counsel for 
 
 , the Court adjudge — -■ . 
 
 mo. 11. 
 
 JUDGMENT AFTER TRIAL BY COURT WITHOUT JURY. 
 
 {Heading as in Form 1.) 
 
 This action having on the day of — — 18^ — , been 
 
 tried before and the said on the day of 
 
 18 — , having ordered that judgment be entered for 
 
 the for $ . 
 
 It is this day adjudged that the recover from - 
 
 the $— and costs to be taxed. 
 
 The above costs have been taxed and allowed at $ . 
 
 Judgment entered the — — day of , 18^. 
 
 No. 13. 
 
 JUDGMENT IN PURSUANCE OF ORDER, 
 
 {Heading as in Form 1.) 
 Pursuant to the order of dated 18— where- 
 
 by it was ordered and default having been made ■ 
 
 It is this daj' adjudged that the plaintiff" recover against 
 the said defendant $ and costs to be taxed. 
 
 The above costs have been taxed and allowed at $- 
 
1056 FORMS — JUDGMENT. [PART III. 
 
 Appx. F. Wo. 13. 
 
 KoB. 13—15. 
 
 JUDGMENT FOR DEFENDANT'S COSTS ON DISCONTINUANCE. 
 
 (Heading as in Form 1.) 
 
 The day of , 18—. 
 
 The plaintiff having by a notice in writing dated 
 
 the day of , 18 — , wholly discontinued this 
 
 action (or withdrawn his claim in this action for) (or 
 withdrawn so much of his claim in this action as relates 
 to • , or as the case may be.) 
 
 It is this day adjudged that the defendant recover 
 against the plaintiff costs to be taxed. 
 
 The above costs have been taxed and allowed at $ . 
 
 So. 14. 
 
 JUDGMEMT FOR PLAINTIFF'S COSTS AFTER CONFESSION OF 
 
 DEFENCE. 
 
 (Heading as in Form 1.) 
 The day of , 18—. 
 
 The defendant in his defence herein having alleged a 
 ground of defence vyhich arose after the commencement 
 
 of this action, and the plaintifi having on the day of 
 
 , 18 — , delivered a confession of that defence : 
 
 It is this day adjudged that the plaintiff recover against 
 the defendant costs to be taxed. 
 
 The above costs have been taxed and allowed at $ . 
 
 Wo. 15. 
 
 JUDGMENT FOR COSTS AFTER ACCEPTANCE OP MONEY PAID 
 INTO COURT. 
 
 (Heading as in Form 1.) 
 
 The day of , 18—. 
 
 The defendant having paid into court in this action the 
 
 sum of in satisfaction of the plaintiff's claim, and 
 
 the plaintifi having by his notice dated the day of 
 
CHAP. 104] FORMS— JUDGMENT. 1057 
 
 18 — , accepted that sum in satisfaction of his appx. f. 
 
 entire cause of action, and the plaintiff's costs herein nob. i6, it. 
 having been taxed, and the defendant not having paid the 
 
 same within after the said taxation : 
 
 It is this day adjudged that the plaintiff recover agains* 
 the defendant costs to be taxed. 
 
 The above costs have been taxed and allowed at $- 
 
 3ro. 16. 
 
 JUDGMENT WHERE NO JUDGMENT ENTERED AT TRIAL BY 
 
 JURY. 
 
 {Heading as in Form 1.) 
 The day of , 18—. 
 
 This action having on the , 18 — , been tried 
 
 before and a jury of the of , 
 
 and the jury having found and the not having 
 
 thought fib to order any judgment to be entered. 
 
 Now on motion before the Court for judgment on 
 behalf of the , the Court having : 
 
 It is this day adjudged that the recover against 
 
 the the sum of $ and costs to be taxed. 
 
 The above costs have been taxed and allowed at $- 
 Judgment entered the day of , 18 — . 
 
 Wo. ir. 
 
 JUDGMENT ON MOTION AFTER TRIAL OF ISSUE. 
 
 (Heading as in Form, 1.) 
 The day of , 18—. 
 
 The issues or questions of fact arising in this action 
 
 {or cause, or matter) by the order dated the day 
 
 of ordered to be tried before , having on the 
 
 day of been tried before and the 
 
 having found , 
 
 Now on motion before the Court for judgment on 
 
 behalf of , the Court having — ^— i 
 
 68 
 
1058 FORMS — PRECIPE. [PART III. 
 
 Appx. G. It is this day adjudged that the recover against 
 
 Part I. |.jjg jjjg gmjj Qf I g^jj(j costs to be taxed. 
 
 No* 1. 
 
 The above costs have been taxed and allowed at $- 
 Judgment entered the day of , 18 — . 
 
 IVo. IS. 
 
 SATISFACTION PIECE. 
 
 (Heading us in Form 1.) 
 
 Satisfaction is acknowledged of the judgment entered 
 between the said plaintiff and the said defendant on the 
 day of — , 18 — , for and costs. 
 
 Dated the day of — , 18 — . 
 
 (Signed,) . 
 
 .a.:pi=eitidi22: o-. 
 
 PAKT I. 
 
 FOEMS OF PE^CIPE. 
 I¥o. 1. 
 
 OF EXECUTION. 
 
 18 — . (Here put the letter and numher.) 
 
 In the Supreme Court. 
 
 Between A. B., Plaintiff, 
 
 and 
 C. D., and others, Defendants. 
 
 Seal a writ of execution directed to the Sherifi of — 
 
 to levy against G. D. the sum of $ and interest 
 
 thereon at the rate of $6 per centum per annum from the 
 
 day of (and ^ costs) to Judgment 
 
 (or order) dated day of . 
 
 X. . T, Solicitor for {party on whose behalf 
 writ is to issue.) 
 
'CHAP. 104.] iFORMs— PKifiCiPB. 1059 
 
 No. 8. *PPX- 6- 
 
 Part I. 
 Nos- a-5. 
 
 tJF WRIT OF SEQUESTRATION. 
 
 ( Heading as in Form 1.) 
 
 Seal a \Prit of sequestration against 0. D. for 
 
 not — at the suit of A. B., directed to (name o-f 
 
 •Commissioners.) 
 
 Order dated day of . 
 
 No. ». 
 
 'OF WRIT OF POSSESSION. 
 {Heading as in Form 1.) 
 
 Seal a writ of possession directed to the Sheriff of — ^ — 
 to deliver possession to A. B., of — ■ . 
 
 Judgment dated day of . 
 
 No. 4. 
 
 'OF WRIT OF DELIVERY. 
 
 {Heading as in Form 1.) 
 
 Seal a writ of delivery directed to the Sheriff of 
 to make a delivery to A. B., of ^. 
 
 No. 5k 
 
 'OF WRIT OF ATTACHMENT. 
 
 (Heading as in Form 1.) 
 
 Seal in pursuance of order dated — ' — day of , an 
 
 (attachment directed to the Sheriff" of , against G. D., 
 
 for not delivering to J.. ^. 
 
1060 JOEMS — PEiECIPE. [part HI. 
 
 . Appx. G. Wo. «• 
 
 Part I. 
 Nob. 6-8. OF DISTRINGAS A(?AINST EX-SHERIFF. 
 
 (Heading as in Form I.) 
 
 Seal a writ of distringas nuper vicecomitem quod 
 
 venditoni exponat, directed to the Sheriff of , to sell 
 
 the goods and ■ — of , taken under a writ of 
 
 execution in this action issued the day 18 — , 
 
 Dated the day of , 18 — . 
 
 (Signed) . 
 
 (Address) , 
 
 Solicitor for the 
 
 OF INQUIRY. 
 
 (Heading as in Form 1.) 
 
 Seal a writ of inquiry directed t& the Sheriff of 
 to assess the damages in this action. 
 
 Judgment dated , 
 
 Dated the day of , 18 — . 
 
 (Signed) . 
 
 (Address) 
 
 Solicitor for the 
 
 TSo. S. 
 
 OF CERTIORARI. 
 
 (Heading as in Form 1.) 
 
 Seal in .pursuance of order dated , a writ 
 
 certiorari directed to . 
 
 Dated the day of — , 18 — . 
 
 (Signed) 
 
 (Address) 
 
 Solicitor for the 
 
■CHAP. 104.] FORMS — PE^iClPE. 1061 
 
 No. 9. Appx. O. 
 
 Paxt I. 
 Nob. 9, 10. 
 
 OF PROHIBITION. 
 
 18 — . (Here put the letter and number.) 
 
 In the Supreme Court. 
 
 In the matter of a certain — now depending in the 
 
 Oourt 
 
 Between , Plaintiff, 
 
 and 
 , Defendant. 
 
 Seal a writ of prohibition directed to the Judge of the 
 above-named Oourt and to the above-named plaintiff to 
 prohibit them from furtlier proceeding in the said -^ 
 
 Dated the day of , 18 — . 
 
 (Signed) :. 
 
 (Address) , 
 
 Solicitor for the 
 
 Wo. 10. 
 
 OF MANDAMUS. 
 (Heading as in Form 1.) 
 
 "Seal in pursuance of order dated , a writ of 
 
 (mandamus directed to , commanding to 
 
 returnable 
 
 Dated the day of , 18 — . 
 
 (Signed) . 
 
 (Address) , 
 
 Solicitor for the 
 
WQ2 FOEMS — PRAECIPE. [part IO.. 
 
 Appx 0. No. 11. 
 
 Part I. 
 Nos. 11-13. QY HABEAS CORPUS AD TESTIFICANDUM. 
 
 (Heading a» in Form 1.) 
 
 Seal in pursuance of order dated a writ of 
 
 habeas corptis ad testificandum directed to the - — , to 
 
 bring before . 
 
 Dated the day of , 18 — . 
 
 (Signed) . 
 
 (Address) 
 
 Solicitor for the 
 
 No. 1». 
 
 ©F COMMISSION TO EXAMINE WITNESSES. 
 
 (Heading as in Form 1.) 
 
 Seal in pursuance of order dated a writ in the- 
 
 aature of a mandamus or commission to examine witnesses^ 
 directed to — . 
 
 Dated the day of , 18^—. 
 
 (Signed) ■ . 
 
 (Address) . 
 
 Solicitor for the . 
 
 No. 13. 
 
 OF COMMISSION OF PARTITION. 
 
 (Heading as in Form I.}, 
 
 Seal in pursuance of order dated a commissioni 
 
 of partition directed to returnable 
 
 Dated the day of , 18 — . 
 
 (Signed) . 
 
 (Address) . 
 
 Solicitor for the 
 
CHAP, 104.] FORMS— PEiECIPE. 1063 
 
 No. 14. Appx. G. 
 
 Part I. 
 OF AMENDED SUMMONS. Nos. 14-16- 
 
 (Heading as in Form 1.) 
 
 Amend in pursuance of order (or fiat) dated the 
 
 writ of summons in this action by {set ovi amendments 
 when required.) 
 
 Dated the day of , 18 — . 
 
 (Signed) . 
 
 (Address) 
 
 Solicitor for the 
 
 ^o. 15. 
 
 OF RENEWED SUMMONS. 
 
 {Heading as in Form 1.) 
 
 Seal in pursuance of order dated , a renewed 
 
 writ of summons in this action, indorsed as follows : 
 
 Dated the day of , 18—, 
 
 (Signed) . 
 
 (Address) 
 
 Solicitor for the 
 
 N«. 16. 
 
 OF SUBPCENA, 
 
 (Heading as in Form 1.) 
 
 Seal writ of subpoena on behalf of the 
 
 directed to — — — returnable 
 
 Dated the daj' of , 18 — . 
 
 (Signed) . 
 
 (Address) . 
 
 Solicitor for the 
 
10G4 FORMS — pejEcipe. [part in. 
 
 APPX. G. jf„, 1^_ 
 Part I. 
 Nofi. 17-M. 
 ENTRY OF ACTION FOE TRIAL. 
 
 {Heading as in Form 1.) 
 
 Enter this action for trial . 
 
 Dated the day of , 18 — . 
 
 (Signed,) — . 
 
 (Address,) 
 
 Ko. IS. 
 
 ENTRY OF APPEAL. 
 
 (Heading as in Form 1.) 
 
 Enter this appeal from the order (or judgment) of 
 in this action, dated the day of , 18—. 
 
 Dated the day of , 18 — . 
 
 (Signed,) . 
 
 (Address,) 
 
 Ko. 10. 
 
 ENTRY FOR ARGUMENT GENERALLY. 
 
 {Heading as in Form 1.) 
 
 Set down for argument the . 
 
 Dated the day of , 18 — . 
 
 (Signed,) — . 
 
 (Address,) — 
 
CHAP. 104.] 
 
 FORMS — PE^ECIPE. 
 
 1065 
 
 ivo. ao. 
 
 ENTRY OF SPECIAL CASE. 
 
 (Heading as in Form 1.) 
 
 Set down the — 
 
 18—, of Mr. 
 
 for hearing as a special case. 
 
 Dated the day of 
 
 - dated the day of — 
 
 -, the — referee in this 
 
 18- 
 
 (Signed,) 
 
 (Address,) 
 
 Appz. 6. 
 
 Part I. 
 
 Nos. 20, 21. 
 
 IVo. Zt. 
 
 MEMORANDUM OF SERVICE OF NOTICE OF JUDGMENT. 
 
 (Heading as in Form 1.) 
 
 Enter memorandum of service of notice of judgment 
 
 made in this action, and dated the day of , 
 
 18 — , on the undermentioned persons, viz. : — 
 
 Name of. Party Served. 
 
 Date of Service. 
 
 
 
 Dated the 
 
 day of 
 
 (Signed,) 
 
 -,18- 
 
 (Address,) 
 
1066 FORMS — WRIT OF DELIVERY, [PART III. 
 
 TSo. 32. 
 
 Appx. H. 
 No. 1. 
 
 MEMORANDUM OF NOTICE OF JUDGMENT. 
 
 Take notice that- from the time of the service of this 
 notice you (or as the case may be, the infant or person of 
 unsound mind) will be bound by the proceedings in the 
 above cause in the same manner as if you .(or the said 
 infant or person of "unsound mind) had been originally 
 made a party and that you (or the said infant or person of 
 unsound mind) may, on entering an appearance at the 
 
 Prothonotary's office at , attend the proceedings 
 
 under the within mentioned judgment (or order) and that 
 you (or the said infant or person of unsound mind) may 
 witltin one month after the service of this notice appl}" to 
 the Court to add to the. judgment (or order.) 
 
 .i^:pi=EiNrnDi2s n. 
 
 So. 1. 
 
 WRIT OF DELIVERY. 
 
 18 — . (Here put the letter and number.) 
 
 Between A. B., Plaintiff, 
 
 and 
 
 G. I)., Defendant. 
 
 Victoria, by the Grace of God, &c. To the Sheriff of 
 
 greeting : We command you, that without delay 
 
 you cause the following chattels, that is to say (here 
 enumerate the chattels recovered by the judgment or order 
 for the return of which execution has been ordered to issue), 
 to be returned to A. B., which the said A. B. lately in our 
 Supreme Court recovered against 0. D. (or C. D. was 
 ordered to deliver to the said A. B.) in an action in the said 
 Court.* And we further command you, that if the said 
 chattels cannot be found in your bailiwick, you distrain the 
 said G. D. by all his lands and chattels in your bailiwick, 
 so that neither the said G. D. nor any one for him do lay 
 hands on the same until the said G. D. render to the said 
 A. B. the said chattel s.f 
 
 And in what manner you shall have executed this, our 
 writ, make appear to us in our Court aforesaid, immediately 
 after the execution hereof. 
 
 And have you there then this writ. 
 Issued, &c. 
 
CHAP. 104.] FORMS — WRIT OF DELIVERY. 1067 
 
 Wo. a. Appx. H. 
 
 No. 2. 
 
 The like, hut instead of a distress until the chattel is returned, 
 
 commanding the Sheriff to levy on defendant's goods 
 the assessed value of it. 
 
 (Proceed as in the preceding form until the*, and then 
 thus ;) And we further command you, that if the said 
 chattels cannot he found in your hailiwiek, of the goods 
 and chattels of the said d. D. in your bailiwick you cause 
 
 to be made $ (the assessed value of the chattels.)^ 
 
 And in what mani^er, &c. 
 
 And have you there then this writ. 
 
 Issued, &c. 
 
 (If in either of the preceding Forms it is tvished to include 
 damages, eosts, and interest, proceed to the-f and continue 
 thus :) 
 
 And we further command jou that of the goods and 
 chattels of the said 0. D., in your bailiwick, you cause to be 
 
 made the sum of $- (dam,ages.) And also interest 
 
 thereon at the rate of $6 per centum per annum, from the 
 
 day of , which said sum of money and interest 
 
 were in the said action by the judgment therein (or by 
 
 order) dated the day of , adjudged (or ordered) 
 
 to be paid by the said G. D. to A. B., together with certain 
 costs in the said judgment (or order) mentioned, and which 
 
 costs have been taxed and allowed at the sum of % . 
 
 And that of the goods and chattels of the said 0. 3, in your 
 
 bailiwick you further cause to be made the sum of $- 
 
 (costs), together with interest thereon at the rate of $6 per 
 
 centum per annum from the day of , and that 
 
 3'ou have that money and interest before us in our Court 
 immediately after the execution hereof to be paid to the 
 said A. B., in pursuance of the said judgment (or order.) 
 
 And in what manner, &c. 
 
 And have you there then this writ. 
 
 Issued, &c. 
 
1068 FORMS — WRIT OF SEQUESTRATION. [PART III. 
 
 Appx. H. Wo. 3. 
 
 Kos. 3, 4. 
 
 WRIT OF ATTACHMENT. (PERSON.) 
 
 (Heading as in Form 1.) 
 
 Victoria, by the Grace of God, &c. To the Sheriff of 
 , greeting. 
 
 We command you to attach G. D., so as to have him 
 before us in the Supreme Court wheresoever the said Court 
 shall then be, there to answer to us, as well touching a 
 contempt which he it is alleged hath committed against us, 
 as also such other matters as shall be then and there laid 
 to his charge, and further to perform and abide such order 
 as our said Court shall make in this behalf, and hereof fail 
 not, and bring this writ with you. 
 
 Issued, &c. 
 
 IVo. 4. 
 
 WRIT OF SEQUESTRATION. 
 
 (Heading as in Form 1.) 
 
 Victoria, by the Grace of God, &e. To {names of not 
 less than four Commissioners) greeting. 
 
 Whereas, lately in the Supreme Court in a certain action 
 there depending, wherein A. B. is plaintiff and G. D. and 
 others are defendants (or in a certain matter then depend- 
 ing, intituled '■ In the matter of E. F.," as the case may he) 
 by a judgment (or order, as the case may be) of our said 
 Court made in the said action (or matter), and bearing date 
 
 the day of -, IS — , it was ordered that the said 
 
 C. D. should (pay into Court to the credit of the said action 
 
 the sum of $ , or as the case may be.) Know ye, 
 
 therefore, that we, in confidence of your prudence and 
 fidelity, have given, and by these presents do give to you, 
 or any three or two of you, full power and authority to 
 €nter upon all the messuages, lands, tenements, and real 
 estate whatsoever of the said G. D., and to collect, receive, 
 and sequester into your hands not only all the rents and 
 profits of his said messuages, lands, tenements, and real 
 estate, but also all his goods, chattels, and personal estate 
 whatsoever ; and, therefore, we command you, or any three 
 or two of you, that you do at certain^ proper and convenient 
 
CHAP. 104.] FOEMS— WETT OF DISTEINGAS. • 10C9 
 
 days and hours, go to and enter upon all the messuages, Appx. H. 
 lands, tenements, and real estates of the said G. D., and ^o- °- 
 that you do collect, take, and get into your hands not only 
 the rents and profits of his said real estate, but also all his 
 goods, chattels, and personal estate, and detain and keep 
 the same under sequestration in your hands until the said 
 G. D. shall (pay into Court to the credit of the said action 
 the sum of $ — — , or as the case may he), clear his contempt, 
 and our said Court make other order to the contrary. 
 
 Issued, &c. 
 
 Tio. 5. 
 
 DISTEINGAS AGAINST EX-SHEEIFF. 
 
 {Heading as in Form 1.) 
 
 Victoria, by the Grace of God, &c., to the Sherifi" of 
 -, greeting. 
 
 We command you that you distrain ^ , late 
 
 Sheriff of your county aforesaid, by all his lands and 
 chattels in your bailiwick, so that neither he nor anyone 
 by him do lay hands on the same until you shall have 
 another command from us in that behalf, and that you 
 answer to us for the issues of the same, so that the said 
 
 expose for sale and sell or cause to be sold for the 
 
 best price that can be gotten for the same, those goods and 
 
 chattels which were of in your bailiwick, to the 
 
 value of $ *, the sum of $— which lately 
 
 before us in our Supreme Court in a certain action wherein 
 
 plaintiff and defendant by af 
 
 of our said Court bearing date the day of , 
 
 wasj to be paid by the said to the said 
 
 and of the sum of $ , the amount at which 
 
 the costs in the saidf mentioned have been taxed 
 
 and allowed, and of interest on the said sum of $ at 
 
 the rate of $6 per centum per annum from the day 
 
 of , and on the said sum of $ at the same 
 
 rate from the day of , which goods and chattels 
 
 he lately took by virtue of our writ, and which remain in 
 his hands for want of buyers, as the said late Sheriff hath 
 lately returned to us in our said Court. And have the 
 money arising from such sale before us in our said Court 
 immediately after the execution hereof, to be paid to the 
 said . And have there then this writ. 
 
 Issued, &c. 
 
 • "The amount df," or "Part of." 
 t "Judgment," or "order." 
 i "Adjudged," or "ordered." 
 
1070 POEMS— WRIT OF EXECOTlON. [PAET Itl. 
 
 Appx. H. Mo. 6. 
 
 Nos. 6, 7. 
 
 Warrant to arrest witness. 
 
 {Heading as in Form 1.) 
 
 To the Sheriff of : 
 
 Whereas, it has been made to appear to me that E. F, 
 
 is a necessary and material witness on behalf of the -^ , 
 
 and has been duly served with a subpoena, and paid or 
 tendered his fees for travelling and attendance as a witness, 
 and refuses or neglects to attend to give evidence. These 
 are, therefore, to command you forthwith to apprehend the 
 
 said E. F., and to biing him before for the purpose 
 
 of giving evidence in such cause, and to be further dealt 
 with according to law 
 
 Given under my hand and seal this " day of — ', 
 
 IS—. 
 
 (Signed,) - — - — . 
 
 TXit. V. 
 
 Writ of execution (as heretofore Known.) 
 {Heading as in Form 1,) 
 Victoria, by the Grace of God, &c. 
 
 To the Sheriff of the County of — — ■ — -, or to any 
 other of our Sheriffs, greeting. 
 
 Whereas, l3y the consideration of oui* 
 
 Supreme Court at — ■ — --^ on the — day of , A. D. 
 
 18 — , recovered judgment against • , of , 
 
 in the county of ' — , for the sum of dollars and 
 
 — cents debt or damage, and the sum of — ' 
 
 dollars and " — =- cents costs of suit. We command you, 
 
 therefore, — that of the goods, chattels, lands or 
 
 tenements of the said ^ within your precinct, 
 
 you cause to be paid and satisfied Unto the said ■ ■■ — — 
 
 at the value thereof in money, the aforesaid sums being 
 
 =— dollars and —^ cents, and thereof also to satisfy 
 
 yourself for your own fees ; and for want of goods, chattels, 
 
 lands or tenements of the said ' — to be. by 
 
 shown unto you, or found within j'our precinct, to the 
 
 acceptance of the said -^ to satisfy the sums aforesaid : 
 
 We command you to take the bod of the said 
 
CHAP. 104.] FORMS — WRIT OF POSSESSION. 1071 
 
 • , and commit unto our gaol in your bailiwick, Appx. H. 
 
 and detain in your custody within our said gaol until he '—'- • 
 
 pay the full sums above mentioned, with your fees, or that 
 
 he be discharged by the said , the creditor 
 
 or otherwise, according to law. Whereof fail not, and 
 
 make due return of this writ unto our said Court 
 
 at — • . 
 
 Issued this day of , A. D. 18—. 
 
 Solicitor of . 
 
 (To be indorsed with instructions as heretofore, and as 
 in the Rules provided.) 
 
 WRIT OF EXECUTION ON ORDER FOR COSTS. 
 {Heading as in Form 1.)' 
 
 Victoria, by the Grace of God, &c. 
 
 To the Sheriff, &c. 
 
 Whereas, by an order of ■ ■ ■ - ■ (or our 
 
 Supreme Court at - — — ) on the day of , 
 
 A. D. 18—, ■— is entitled to be paid by — , of 
 
 -, in the County of , the sum of ■ 
 
 dollars and — cents. 
 
 • We command }'ou therefore, &c., (as in preceding form 
 and indorsed with the like indorsement.) 
 
 WRIT OP POSSESSION. 
 
 {Heading as in Form 1.) 
 
 Victoria, by the Grace of God, &c. 
 
 To the Sheriff of , greeting : 
 
 Whereas lately in our Supreme Court by a judgment, 
 (.4. B. recovered) or {E. F. was ordered to deliver to A. B.) 
 possession of all that — - — ■ with the appurtenances in 
 your bailiwick : Therefore we command you that you 
 enter the same, and without delay you cause the said A. B. 
 to have possession of the said land and premises with the 
 appurtenances, and in what manner, &c. 
 
 And have you there then this writ 
 
 Issued) &c. 
 
1072 FOEMS — WRIT OF ATTACHMENT. [PART III. 
 
 Appz. H. IVo. 9. 
 
 Nos. 9, 10. 
 
 WRIT OF ATTACHMENT (ABSCONDING DEBTOR.) 
 
 {Heading as in Form 1.) 
 
 Victoria, by the Grace of God, &c. 
 
 To the Sheriff of , greeting : 
 
 We command you to attach the goods and chattels or 
 
 the estate of , an absent or absconding debtor, to the 
 
 value of , to respond the judgment which may be 
 
 obtained by , who ha taken proceedings against the 
 
 said as an absent or absconding debtor, in our 
 
 Supreme 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 — . 
 
 Plaintiff's Solicitor, . 
 
 No. 10. 
 
 SUMMONS FOR AGENT (ABSCONDING DEBTOR.) 
 
 (Heading as in Form. 1.) 
 
 Victoria, by the Grace of God, &c., 
 
 To the Sheriff, &c. 
 
 We command you to summon , the agent or 
 
 trustee of , late of , an absent or absconding 
 
 debtor, to appear in the Supreme Court at , within 
 
 fifteen days after the service of this writ, to declare, 
 discover and disclose what goods, effects, or credits of the 
 
 said were in hands or possession, or under 
 
 management or control at the time of the service of 
 
 this writ upon , in a suit prosecuted by against 
 
 the said , as an absent or absconding debtor, in our 
 
 said Court at . 
 
 Issued this day of , A. D., 18 — . 
 
 Solicitor of plaintiff. 
 
CHAP. 104.] FORMS— SUBPCENA. 1073 
 
 Nos. 1, 2. 
 
 FOEMS OF SUBPCENA, &o. 
 Wo. 1. 
 
 SUBPCENA. AD TESTIFICANDUM (GENERAL FORM.) 
 
 18. — (Here put the letter and number.) 
 
 In the Supreme Court. 
 
 Between , plaintiff, 
 
 and 
 , defendant 
 
 Victoria, by the Grace of God, &c. 
 
 To (the names of three witnesses may be inserted) 
 
 greeting : We command you to attend before at 
 
 on day the day of 18 — , at the 
 
 hour of in the noon, and so from day to day, 
 
 until the above cause is tried, to give evidence on behalf 
 of the plaintiff (or defendant.) 
 
 Issued, &c. 
 
 No. 3. 
 
 HABEAS CORPUS AD TESTIFICANDUM. 
 
 (Heading as in Form 1.) 
 
 Victoria, by the Grace of God, &c. 
 
 To the (keeper of our prison at .) 
 
 We command you that you bring , who it is said 
 
 is detained in Our prison under your custody , 
 
 before at on day the day of at 
 
 the hour of in the noon, and so from day to day, 
 
 until the above action is tried, to give evidence on behalf 
 
 of the . And that immediately after the said 
 
 shall have so given his evidence you safely conduct him to 
 the prison from which he shall have been brought. 
 
 Issued, &c. 
 69 
 
1074 FORMS — SUBPCENA. [PART III, 
 
 APP^- "L' W». 3. 
 
 Mob. 3—5. 
 
 SUBPOENA DUCES TECUM (GENERAL FORM.) 
 
 {Heading as in Form 1.) 
 
 Victoria, by the Grace of God, &c. 
 
 To {the names of three witnesses niay he inserted) 
 
 greeting: We command you to attend before ac 
 
 on day tne day of —, 18 — , at the 
 
 hour of in the noon, and so from day to day 
 
 until the above cause is tried, to give evidence on behalf 
 
 of the , and also to bring vi'ith you and produce 
 
 at the time and place aforesaid {specify documents to he 
 produced.) 
 
 Issued, &c. 
 
 "So. 4. 
 
 SUBPOiNA AD TESTIFICANDUM AT SITTINGS OR TERM. 
 
 {Heading as in Form, 1.) 
 
 Victoria, by the Grace of God,&e. 
 
 To {the names of three witnesses may he inserted) greet- 
 ing : We command you to attend at the sittings (or term) 
 
 of Our Supreme Court for to be holden at 
 
 on day the day of , IS , at the hour of 
 
 in the noon, and so from day to day during the 
 
 said sittings, until the above cause is tried, to give evi- 
 dence on behalf of the . 
 
 Issued, &c. 
 
 Ko. S. 
 
 SUBPCENA DUCES TECUM AT SITTINGS OR TERM. 
 
 {Heading as in Form 1.) 
 
 Victoria, by the Grace of God, &c. 
 
 To {the names of three w-itnesses may be inserted) greet- 
 ing ; We command you to attend at the sittings (or term) 
 
 of the Supreme Court for — , to be holden at 
 
 on — — day the day of , 18—, at the 
 
 hour of o'clock in the noon, and so from day to 
 
 day until the above cause is tried, to give evidence on 
 behalf of the , and also to bring with you and pro- 
 duce at the time and place aforesaid {specify documents to 
 be produced.) 
 
 Issued, &c. 
 
«HAP. 104.] I-ORMS — WRIT OF INQtJiRY, ETC. 1075 
 
 No. 0. Appx. J. 
 
 Nob. 6, 7. 
 
 WRIT OF INQUIRY FOR ASSESSMENT OF DAMAGES. 
 
 (Heading as in Form 1.) 
 
 Victoria, b}' the Grace of God, &c. 
 To the Shei iff of , greeting : 
 
 Whereas it has been adjudged that the plaintiff recover 
 against the defendant damages to be assessed; 
 
 Therefore We command you, that b)' the oaths of 
 twelve good and lawful men of your bailiwick you inquire 
 what damages the plaintiff is entitled to recover under the 
 said judgment, and that forthwith thereafter you send the 
 inquisition which you shall take thereupon to Our said 
 Court, under your seal, and the seals of those by whose 
 oath you take the inquisition, together with this writ. 
 
 Issued, &e. 
 
 Wo. T. 
 
 CERTIORARI TO COUNTY COURT. 
 
 (Heading as in Form 1.) 
 
 Victoria, by the Grace of God, &c. 
 
 To the Judge of the County Court for District No. 
 , greeting: 
 
 We, willing for certain causes to be certified of a plaint 
 
 levied in our Court before you against at the suit 
 
 of , command you that you send to Us forthwith in 
 
 the Supreme Court the said plaint with all things touching 
 the same, as fully and entirely as the same remain in Our 
 said Court before you, by whatsoever names the parties 
 may be called therein, together with this writ, that we 
 may further cause to be done thereupon what of right We 
 ■shall see fit to be done. 
 
 Issued, &c. 
 
1076 FORMS— CERTIORARI, ETC. [PART III- 
 
 Appx. J. Wo. 8. 
 
 Nos. 8 —10, 
 
 CERTIORARI (GENERAL.) 
 
 {Heading as in Form IS) 
 
 Vicloria, by the Grace of God, &;c. 
 To the , greeting r 
 
 We, williHg for certain causes to be certified of 
 
 command you that you send to us in our Supreme Court 
 
 on the day of the aforesaid, with all 
 
 things touching the same, as fully and entirely as they 
 
 remain in . together with this writ, that We may 
 
 further cause to be done thereupon what of right We shall 
 see fit to be done. 
 
 Issued,. &c. 
 
 no. O. 
 
 PROHIBITION. 
 
 {Heading as in Form 1,) 
 
 Victoria, by the Grace of God, &c. 
 
 To the (Judge of the County Court for District No. — 
 and to {name of plaintiff) of — , , greeting : 
 
 Whereas we have been given to understand that you 
 
 the said have (entered a plaint against) C. D. in the 
 
 said Court, and that the said Court has no jurisdiction in 
 the said (cause) or to hear and determine the said (plaint) 
 by reason that {state facts showing want of jurisdiction) 
 
 We therefore hereby prohibit you from further proceed- 
 ing in the said (action) in the said Court. 
 
 Issued, &c. 
 
 IVo. 10. 
 
 MANDAMUS. 
 
 Victoria, by the Grace of God, &c. 
 
 To of , greeting : 
 
 Whereas by {here recite Act of Parliament or Charter 
 if the act required to he done is founded on either one or 
 'the other.) And whereas We have been given to understand 
 
OHAP. 104.J FORMS — WRIT OF COMMISSION. 107 
 
 and be informed in our Supreme Court before us tbai Appx. j. 
 (insert necessary induce-ments and averments.) And you ^°- ^^- 
 
 the said were then and there required by (insert 
 
 ■demand) but that you the said — — - well knowing the 
 premises, but not regarding your duty in that behalf then 
 and there wholly neglected and refused to {insert refusal) 
 
 ■nor have you or any of you at any time since in 
 
 ■contempt of TTs and to the great damage and giievance 
 
 •of as We have been informed from th«ir complaint 
 
 made to us. Whereupon We, being willing that due and 
 speedy justice should be done in the premises as it is 
 
 Teasonable, do command you the said '■ and every of 
 
 3-ou firmly enjoining you that you (insert command) or 
 that you show «s cause to the contrary thereof, lest by 
 youi- iJefault the sam.e complaint should be repeated to Us, 
 .and how you shall have executed this Our Writ make 
 known to us in our said Court forthwith then returning to 
 Us this Our said Writ, and this you are not to omit. 
 
 Issued, &c. 
 
 »o. 11. 
 
 •COMMISSION TO EXAMINE WITNESSES. 
 
 (Heading as in Form 1.) 
 
 Victoria, iDy the Grace of God, &c. 
 
 To of and of Commission- 
 
 ■ers named by and on behalf of the and to 
 
 of and of , Commission- 
 
 ers named lay and on belialf of the , greeting-: 
 
 Know ye, that We in confidence of your prudence and 
 fidelity have appointed you and by these presents give 
 you power and authority to examine on interrogatories 
 and viva voce as -hereinafter mentioned witnesses on behalf 
 
 of the said and respectively at 
 
 "before you or any two of you, so that one Commissioner 
 only on each side be present and act at the examination, 
 and We command you as follows-: 
 
 I. Both the said and the said shall be 
 
 at liberty to -examine on interrogatories and -viva voce on 
 the subject matter thereof or arising out of the answers 
 thereto such witnesses as shall be produced on their behalf, 
 with liberty to the other paity to cro-ss-examine the said 
 witnes.->es on cross-interrogatories and viva voce, the party 
 producing any witness for examination being at liberty to 
 re-examine him viva voce ; and all such additional viva voce 
 (questions, whether on .ex;amination, cross-examination, or 
 
lOTS FORMS — WRIT OF COMMISSION. PART IIT.^ 
 
 Appx. J re-examination, shall be reduced into writing, and with the 
 - — — — ^^ — answers thereto shall be returned with the said Commission. 
 
 2. Kot. le.sy than days before the examination of 
 
 any witness on behalf of either of the said parties, notice in 
 writing, signed by any one of you, the Commissioners of 
 the party on whose behalf the witness is to be examined, 
 and stating the time and place of the intended examination 
 and the names of the witnesses to be examined, shall be 
 given to the Commissioners of the other party by delivering 
 the notice to them, or by leaving it at their usual place of 
 abode or business, and if the Commissioners or Commissioner 
 of that party neglect to attend pursuant to the notice, then 
 one of you, the Commissioners of the party on whose behalf 
 the notice is given, shall be at liberty to proceed with and 
 take the examination of the witness or witnesses ex parte, 
 and adjourn any meeting or meetings, or continue the same 
 from day to day until all the witnesses intended to be 
 examined by virtue of the notice have been examined, 
 without giving any further or other notice of the subsequent 
 meeting or meetings. 
 
 3. In the event of any witness on his examination, 
 cross-examination, or re-examination, producing any book, 
 document, letter, paper, or writing, and refusing for good 
 cause to be stated in his deposition to part with the 
 original thereof, then a copy thereof, or extract thej-efrom, 
 certitied, by the Commissioners or Commissioner present 
 and acting, to be a true and correct copy or extract shall b& 
 annexed to the witnesses' deposition. 
 
 4. Each witness to be examined under this Commissiori 
 shall be examined on oath, affirmation, or otherwise in 
 accordance with his religion, by or before the Commissioners 
 or Commissioner present at the examination. 
 
 5. If any one or more of the witnesses do not under- 
 stand the English language (the interrogatories, cross- 
 interrogatories, and viva voce questions, if any, being 
 previously translated into the language with which he or 
 they is or are conversant), then the examination shall be 
 taken in English through the medium of an interpreter or 
 interpreters to be nominated by the Commissioners or 
 Commissicmer present at the examination, and to be 
 previously swoin according to his or their several religions 
 tjy or before the said Commissioneis or Commissioner truly 
 to interpret the questions to be put to the witness and his- 
 answers thereto. 
 
 6. The depositions to be taken under this Commission 
 shall be subscribed by the witness or witnesses, and by 
 the Commissioners or Commissioner who shall have takea 
 the depositions. 
 
CHAP. 104.] FORMS — WRIT OF COMMISSION. 1079 
 
 7. The interrogatories, cross-interrosfatories, and deposi- Appx. J. 
 
 tions, together with any documents referred to therein, or ■ — '- — 
 
 certified copies tliereof or extracts therefrora, shall he sent 
 
 to the Prothonotary of the Supreme Court of Nova Scotia 
 
 at on or before the ~ day of enclosed in a 
 
 cover under the seals or seal of the Commissioners or 
 Commissioner. 
 
 8. Before you or any of you, in any manner act in the 
 execution hereof, you shall severally take the oath hereon 
 indorsed on the Holy Evangelists or otherwise in such 
 other manner as is sanctioned by the form of your several 
 religions and is considered by you respectively to be bind- 
 ing on your respective consciences. In the absence of any 
 other Commissioner, a Commissioner may himself take the 
 oath. 
 
 And we give you or any one of you authority to 
 administer such oath to the other or others of you. 
 
 Issued, &c. 
 
 WITNESSES OATH. 
 
 You are true answer to make to all such questions as 
 shall be asked you, without favor or affection to either party, 
 and therein you shall speak the truth, the whole truth, and 
 nothing but the truth. So help j'ou God. 
 
 COMMISSIONERS OATH. 
 
 You (or I) shall, accordingly to the best of your (or my) 
 skill and knowledge, truly and faithfully, and without 
 partiality to any or either of the parties in this cause, take 
 the examinations and depositions of all and every witness 
 and witnesses produced and examined by virtue of the 
 Commission within written. So help you (or me) God. 
 
 INTERPRETERS OATH. 
 
 You shall truly and faithfully, and without partiality 
 to any or either of the parties in this cause, and to the best 
 of your ability, interpret and translate the oath or oaths, 
 affirmation or affirmations, which he shall administer to, 
 and all and every the questions which shall be exhibited 
 or put to, all and every witness and witnesses produced 
 before and examined by the Commissioiiers named in the 
 
1080 FORMS — SUMMONSES AND ORDERS. [PAKT III. 
 
 No. 1. 
 
 Commission within written as far forth as you are directed 
 Appx. K. aud employed by the said Commissioners, to interpret and 
 translate the same out of the English into the language of 
 such witness or witnesses, and also in like manner to 
 interpret and translate the respective depositions taken and 
 made to such questions out of the language of such witness 
 or witnesses into the English language. So help you God. 
 
 CLERK S OATH. 
 
 You shall truly, faithfully, and without partiality to 
 any or either of the parties in this cause,' take, write down, 
 transcribe, and engross all and every the questions which 
 shall be exhibited or put to all and every witness and 
 witnesses, and also the depositions of all and every such 
 witness and witnesses produced before and examined by 
 the said Commissioners named in the Commission within 
 written, as far forth as you are directed and employed by the 
 Commissioners to take, write down, transcribe or engross 
 the said questions and depositions. So help you God. 
 
 .ii^x'iF'EiNriDiss: is:. 
 
 Wo. 1. 
 
 SUMMONS (general FORM.) 
 
 18 — . (Here put the letter and nwmher.) 
 
 In the Supreme Court. 
 
 Between , plaintiff. 
 
 and 
 , defendant. 
 
 Let all parties concerned attend the Judge in Chambers, 
 
 on day, the day of , 18 — , at o'clock 
 
 in the noon, on the hearing of an application on the 
 
 part of . 
 
 Dated the day of , IS- — . 
 
 This summons was taken out by , of , 
 
 solicitor for . 
 
 To . 
 
CHAP. 104.] FOEMS — SUMMONSES AND ORDERS. 1081 
 
 W». 3" Appx. K. 
 
 N08. 2-4. 
 ORDER (general FORM.) 
 
 (Heading as in Form 1.) 
 
 Judge , in Charubers. 
 
 Between , and . 
 
 Upon hearing and upon reading the affidavit 
 
 of filed the day of ■ — , 18 — , and : 
 
 It is ordered , and that the costs of this appli- 
 cation be . 
 
 Dated the day of , 18.- 
 
 Vo. 3. 
 
 SUMMONS FOR DIRECTIONS PURSUANT TO ORDER XXIX. 
 {Heading as in Form 1.) 
 
 Let all the parties concerned attend the Judge at 
 
 Chambers on day the day of 18 — ,* at 
 
 o'clock in the noon, on the hearing of an applica- 
 tion on the part of for directions for . 
 
 (Here state all matters or proceedings previous to trial 
 on which directions are required.) 
 
 Dated the day of , 18 — . 
 
 This summons was taken out by , solicitor 
 
 for . 
 
 To 
 
 TSo. 4. 
 
 ORDER FOR DIRECTIONS PURSUANT TO ORDER XXIX. 
 (Heading as in Form 1.) 
 
 Upon hearing and upon reading it is 
 
 ordered as follows : — 
 
 1. That the plaintiflT deliver to the defendant further 
 and better particulars with dates and items of his claim, 
 
 and that unless such particulars be delivered within 
 
 days from the date of this order, all further proceedings 
 be stayed until the delivery thereof. 
 
 * rill in a date not less than i days from service of summons. 
 
1082 FORMS — SUMMONSES AND ORDERS. [PART III, 
 
 Appx. K. 2. That the plaintiff and defendant be at liberty to 
 
 Woa. s— 6. — deliver to each other interrogatories in writing, and that 
 the said parties do respecHvfly answer the said interroga- 
 tories as prescribed by Order XXX., Rules 8 and 25. 
 
 3. That the be at liberty to issue a commission 
 
 for the examination of witnesses on his behalf at , 
 
 and that the trial of the action be stayed until the return 
 of the said commission, the usual long order for the said 
 commission to be drawn up, and unless agreed upon by the 
 parties within one week, to be settled by a Judge. 
 
 4. That the action be tried in the County of , 
 
 by a Judge. 
 
 5. That either party be at liberty without further 
 summons, to apply to a Judge for further directions, such 
 application to be made upon two clear days' notice to be 
 served upon the other party. 
 
 6. That the costs of this application be costs in the 
 action. 
 
 Dated the day of — , 18 — -. 
 
 No. S. 
 
 ORDER FOR TIME. 
 
 (Heading as in Form 1.) 
 
 Upon hearing , and upon reading the affidavit of- 
 
 ■■ , filed the — — day of , 18 — , and -. 
 
 It is ordered that the — shall have time, 
 
 — and that the costs of this application be . 
 
 Dated the day of -, 18 — . 
 
 No. 6. 
 
 ORDER UNDER ORDER XIV., NO. 1. 
 
 (Beading as in Form 1.) 
 
 Upon hearing ■ — , and upon reading the affidavit of 
 
 filed the day of , 18 — , and 
 
 It is ordered that the plaintiff may sign final judgment 
 in this action for the amount indorsed on the writ with 
 interest, if any, (or possession of the land in the indorsement 
 
 of the writ described as ) and costs to be taxed, and 
 
 that the costs of this application be . 
 
 Dated the day of — , 18 — -. 
 
CHAP, 104.] FORMS — SUMMONSES AND ORDERS. 108S 
 
 Wo. 7. APPX. K. 
 
 N03. 7-9. 
 
 ORDER UNDER ORDER XIV., NO. 2. 
 
 (Heading as in Form 1.) 
 
 Upon hearing and upon reading the affidavit of 
 
 filed day 18 — , and . 
 
 It is ordered that the defendant he at liberty to defend 
 this action by delivering a defence, and that the costs of 
 this application be . 
 
 Dated the A&y of 18 — . 
 
 Tio. 8. 
 
 ORDER UNDER ORDER XIV., NO. 3. 
 
 (Heading as in Form 1.) 
 
 Upon hearing — and upon reading the affidavit of 
 
 filed the day of 18 — , and . 
 
 It. is ordered that if .the defendant pay into court 
 within a week from the date of this order the sum of $ — , 
 he be at liberty to defend this action by delivering a 
 
 defence within days after this order, bat that if that 
 
 sum be not so paid the plaintiff be at liberty to sign final 
 judgment for the amount indorsed on the writ of summons, 
 with interest, if any, and costs, and that in either event the 
 costs of this application be . 
 
 Dated the day of 18—. 
 
 IVo. 9. 
 
 ORDER UNDER ORDER XIV., NO. 4. 
 
 (Heading as in Farm, l.} 
 
 Upon hearing and upon reading the affidavit of 
 
 , filed the day of 18 — , and . 
 
 It is ordered that if the defendant pay into Court within 
 a week from the date of this order the sum of $— — , he b& 
 at liberty to defend this action as to. the whole of tha 
 plaintiff"s claim» 
 
1084 FORMS — SUMMONSES AND ORDERS. [PART III. 
 
 Appx. K. And it is ordered that if that sum be not so paid the 
 
 Nos. 10, 11. plaintiff be at liberty to sign judgment for that sum, and 
 
 the defendant be at liberty to defend this action as to the 
 
 residue of the plaintiff's claim. 
 
 And it is ordered that in either event the defence be 
 
 delivered within days after this order, and that the 
 
 costs of this application be . 
 
 Dated the day of 18 — . 
 
 IV o. 10. 
 
 ORDER TO AMEND. 
 
 (Heading as in Form 1.) 
 
 Upon hearing and upon reading the affidavit of 
 
 filed the day of 18 — , and . 
 
 It is ordered that the plaintiff be at liberty to amend 
 
 the writ of summons in this action by and that the 
 
 costs of this application be . ' 
 
 Dated the day of 18- 
 
 Wo. 11. 
 
 ORDER FOR PARTICULARS (PARTNERSHIP.) 
 
 (Heading as in Form 1.) 
 
 Upon hearing and upon reading the affidavit of 
 
 filed the day of 18 — , and . 
 
 It is ordered that the furnish the with a 
 
 statement in writing, verified by affidavit, setting forth the 
 names of the persons constituting the members or 
 co-partners of their firm, pursuant to the Rules of the 
 Supreme Court, 1884, Order XVI., Rule 14, and that the 
 costs of this application be . 
 
 Dated the day of 18 — . 
 
CHAP. 104.J FORMS — SUMMONSES AND ORDERS. 1085 
 
 ^o. 13. Appx. K. 
 
 Nos. 12—14. 
 ORDER FOR PARTICULARS (GENERAL.) 
 
 (Heading as in Form 1.) 
 
 Upon hearing , and upon reading the affidavit 
 
 of -'— filed the day of , 18 — , and : 
 
 It is ordered that the plaintifif deliver to the defendant 
 an account in wiiting of the particulars of the 
 
 plaintiff's claim in this action, , and that unless such 
 
 particulars be delivered within days from the date of 
 
 this order all further proceedings be stayed until the 
 delivery thereof, and that the costs of this application 
 
 be "—. 
 
 Dated the day of , 18 — . 
 
 IVo. 13. 
 
 ORDER. FOR PARTICULARS (ACCIDENT CASE.) 
 
 (Heading as in Form 1.) 
 
 Upon hearing , and upon reading the affidavit 
 
 of filed the day of , 18 — , and : 
 
 It is ordered that the plaintiff deliver to the defendant 
 an account in writing of the particulars of the injuries 
 mentioned in the statement of claim, together witfi the 
 time and place of the accident, and the particular acts of 
 negligence complained of.and that unless such particulars 
 
 be delivered within days from the date of this order 
 
 all further proceedings in this action be stayed until the 
 delivery thereof, and that the costs of this application 
 be . 
 
 Dated the day of -, 18 — . 
 
 Ho. 14. 
 
 ORDER TO DISCHARGE OR VARY ON APPLICATION BY THIRD 
 
 PARTY. 
 
 (Heading as in Form 1.) 
 
 Upon hearing , and upon reading the affidavit 
 
 of — . filed the day of , 18 — , and : 
 
 It ia ordered that the order of in this action 
 
 dated the day of , 18 — , be discharged {or 
 
 'varied by — ), and that the costs of this application 
 
 be 
 
 Dated the day of , 18- 
 
10S6 Poems— suMitONsfis and orders, ^part iiL 
 
 AppX. K. Wo. 15. 
 
 JToa 15—1 7. 
 
 ORDER To DISMISS FOR WANT OF PROSECUTION. 
 
 {Heading as in Form 1.) 
 
 Upon hearing -, and upon reading the affidavit 
 
 of filed the — — day of = — , 18—^, and : 
 
 It i.s ordered that this action be for want of prosecution, 
 dismissed with costs to be taxed and paid to the defendant 
 by the plaintiff, and that the costs of this application 
 be . 
 
 Dated the day of — -, IH — . 
 
 IVo. 10. 
 
 ORDER FOR DELIVERY OF INTERROGATORIES. 
 
 (Heading as in Form 1.) 
 
 Upon hearing -, and upon reading the affidavit 
 
 t3f — -, filed the day of ■ — ^, 18^^, and i 
 
 It is ordered that the be at liberty to deliver to 
 
 the ■ —^ interrogatories in writing, and that the said 
 
 do answer the interrogatories as prescribed by 
 
 Order XXX., Rules 8 and 25 of the Rules of the Supreme 
 (^ourt, 1884, and that the costs of this application be . 
 
 Dated the day of -^ , 18 — . 
 
 Wo. 17. 
 
 ORDER F'OE AFFIDAVIT AS TO DOCUMENTS. 
 
 (Heading as in Form, 1.) 
 Upon hearing , 
 
 It is ordered that the do, within days from 
 
 the date of this order answer on affidavit stating what 
 
 documents are or have been in possession or powe^ 
 
 relating to the matters in question in this action, and that 
 the costs of this application be •--. 
 
 Dated the ^ day of , 18 — . 
 
GHAP. 104.] FOEMS— 'SUMMONSES AND OEDEES. 1087 
 
 IVo. 18. Appi. K. 
 
 Kos. 18, 19, 
 ORDEE TO PEODtrCE DOCUMENTS FOE INSPECTION. " ~ ^"' 
 
 (Headimg as in Form 1.) 
 
 Upon hearing — , and upon reading the affidavit 
 
 of — , filed the day of , 18—, and 
 
 It is ordered that the — do, at all seasonable 
 
 times, on reasonable notice, produce at {insert 2>lci,ce of 
 inspection), situate at ■ - ■ • '— , the following documents, 
 
 namely — , and that the ^- — - — be at liberty to 
 
 inspect and peruse the documents so produced, and to take 
 copies and abstracts thereof and extracts therefrom, at 
 
 ' expense, and that in the meantime all further 
 
 proceedings be stayed, and that the costs of this application 
 be-^ . 
 
 Dated the day of — , 18 — ^. 
 
 VSo. 19. 
 
 OEDEE FOB PRODUCTION (UNDERWRITERS.) 
 (Heading as in Fottti 1.) 
 
 Upon hearing — -, and upon i-eading the affidavit 
 
 of — , filed the -- — -- day -— — — , ] 8—, and — — ■ — , 
 
 It is ordered that the -^^^ — -■ — do produce and show to 
 
 the — upon oath all insurance slips, policies, letters of 
 
 instruction, or other orders for efiecting such slips, oi' policies, 
 or relating to the insurance or the subject-matter of the 
 
 insurance on the ship or the cargo on board, thereof, 
 
 or the freight thereby, and also all documents relating to 
 
 the sailing or alleged lo.ss of the said ship ^ the cargo 
 
 on board thereof and the freight thereby, and all letters and 
 correspondence ■with any person or persons in any manner 
 relating to the effecting the insurance on the said ship, the 
 cargo on board thereof, or the freight thereby, or any other 
 insurance whatsoever effected on the said ship, or the cargo 
 on boaid thereof, or the freight thereby on the voyage 
 insured by, or relating to the policy sued upon in this 
 action, or any other policy whatsoever effected on the said 
 •ship, or the cargo on board thereof, or the freight thereby, 
 on the same voyage. Also all correspondence between the 
 captain or agent of the vessel and any other person, with 
 the ownei or any person or persons previous to the com- 
 mencement of or during the voyage upon which the alleged 
 loss happened. Also all protests, surveys, log books, 
 
1088 FORMS — STJMMONSES AND ORDERS. [PART III. 
 
 Appx. K. charter-parties, tradesmen's bills for repairs, average 
 — OS. 20, 2 ■ gta^tements, letters, invoices, bills of parcels, bills of lading, 
 manifests, accounts, accounts-current, accounts-sales, bills 
 of exchange, receipts, vouchers, books, documents, corres- 
 pondence, papers and writings, (whether originals, dupli- 
 cates, or copies respectively), which now are in the custody, 
 
 possession, or power, of the , his brokers, solicitors, 
 
 or agents, in any way relating or referring to the matters 
 
 in question in this action, with liberty for the to 
 
 • inspect and take copies of or extracts from the same or any 
 of them, and that in the meantime all further proceedings 
 be stayed, and that the costs of this application be . 
 
 Dated the day of 18. — . 
 
 Ko. 30. 
 
 ORDER FOR SERVICE OUT OP JURtSDICTIO:^. 
 
 (Heading as in Form, 1.) 
 
 Upon hearing and upon reading the affidavit of 
 
 filed the day of 1 8 — , and . 
 
 It is ordered that the plaintifp beat liberty to issue 
 
 a writ for service out of the jurisdiction against . 
 
 And it is further ordered that the time for appearance 
 
 to the said writ be within days after the service 
 
 thereof, and that the costs of this application be — . 
 
 Dated the day of 18 — . 
 
 IVo. 21. 
 
 ORDER FOR SUBSTITUTED SERVICE. 
 
 (Heading as in Form 1.) 
 
 Upon hearing and upon reading the affidavit 
 
 of . , filed the — — day of , 18 — , and : 
 
 It is ordered that service of a copy of this order, and of 
 a copy of the writ of summons in this action, by sending 
 the same by a prepaid post letter, addressed to the defendant 
 
 at — , shall be good and sufficient service of 
 
 the writ. 
 
 Dated the day of — — ■ — , 18 — 
 
CHAP. 104.] FORMS — SUMMONSES AND OEDEES. 1089 
 
 TXo. 32. Appx. K. 
 
 Nob. 22-24. 
 ORDER FOR RENEWAL OF WRIT 
 
 (Heading as in Form 1.) 
 
 Upon hearing and upon reading the affidavit 
 
 of , filed the day of , 18 — , and : 
 
 It is ordered that the writ in this action be renewed for 
 six months from the date of its renewal, pursuant to the 
 Rules of the Supreme Court, 1884, Order VI [I., Rule 1. 
 
 Dated the day of , 18 — . 
 
 No. S3. 
 
 ORDER FOR ISSUE OF NOTICE CLAIMING CONTRIBUTION. 
 
 (Heading as in Form 1.) 
 
 Upon hearing and upon reading the affidavit 
 
 of , filed the day of , 18 — , and : 
 
 It is ordered that the defendant be at 
 
 liberty to issue a notice claiming over against 
 
 , pursuant to the Rules of the Supreme Oourt, 
 
 1884, Order XVI., Rule 49. 
 
 Dated the day of , 18 — . 
 
 nfo. 24. 
 
 ORDER OP REFERENCE. 
 
 (Heading as in Form 1.) 
 
 Upon hearing , and by consent , 
 
 It is ordered as follows : 
 
 1. (State matters to he referred) shall be referred to 
 the award of . 
 
 2. The arbitrator shall have all the powers as to 
 certifying and amending of a Judge of the Supreme Court. 
 
 3. The arbitrator shall make and publish his award in 
 writing of and concerning the matters referred, ready to be 
 
 70 
 
■1090 FORMS — SUMMONSES AND ORDERS. [pART III. 
 
 Appx. K. delivered to the parties in difference, or such of them as 
 Mo. 24. require the same (or their respective personal representa- 
 tives, if either of the said parties die before making of the 
 
 award) on or before the next, or on or before such 
 
 further day as the arbitrator may from time to time 
 appoint and signify in writing, signed by him and indorsed 
 on this order. 
 
 4. The said parties shall, in all things, abide by and 
 obey the award so to be made. 
 
 5. The costs of the said cause and the costs of the 
 reference and award shall be ■ . 
 
 6. The arbitrator may (if he think fit) examine the 
 said parties to this cause, and their respective witnesses, 
 upon oath or affirmation. 
 
 7. The said parties shall produce before the arbitrator 
 all books, deeds, papers, and writings in their or either of 
 their custod}' or power i elating to the matters in difference. 
 
 8. Neither the plaintiff nor the defendant .shall bring 
 or prosecute any action against the arbitrator of or 
 concerning the matters so to be referred. 
 
 9. If either party by affected delay or otherwise 
 wilfully prevent the said arbitrator from making an award, 
 he or they shall pay such costs to the other as ^ — may 
 think reasonable and just. 
 
 10. In the event of either of the said parties disputing 
 the validity of the said award, or moving the — — - to set it 
 
 aside, the said • shall have power to remit the matters 
 
 hereby referred or any or either ot them to the reconsidera- 
 tion of the arbitrator. 
 
 11. In the event of the arbitrator declining to act or 
 dying before he has made his award, the said parties may, 
 or if they cannot agree, the Judge may, on application by 
 either side, appoint a new arbitrator. 
 
 12. Unless restrained by any order of the Court or a 
 Judge, the party or parties in whose favour the award 
 
 shall be made shall be at liberty within days after 
 
 service of a copy of the award on the solicitor or agent of 
 the other party to sign final judgment in accordance with 
 the award, and for all costs that he or they may be entitled 
 to under this order, and under the award, together with 
 the costs of the said judgment. 
 
 Dated the ■ day of , 18 — . 
 
cha'p. 1X)4.] forms— summonses and orders. 1091 
 
 ^"' ^'*- Appx K 
 
 ITos. 2S 27 
 ORDfiR FOR EXAMINATION OF WITNESSES 'BEFORE 
 
 ARBITRATOR. 
 
 '(Heading as in Form 1.) 
 
 Upon hearing and upon reading the affidavit of 
 
 filed the day of = — -, 18^-, and 
 
 It is wdered that ^ — attend before the 
 
 ■arbitrator herein on , the — — days of , 18 — , 
 
 ■at ^ — , and then and tliere submit to be examined on 
 
 oath or affirmation on behalf of the -^ touching the 
 
 matters referred to the said arbitrator. 
 
 Dated the -^ — ^ day of -^ ■-, 18 — . 
 
 IVO. 89. 
 
 'ORDER FOR EXAMINATION OF WITNESSES AND PRODUCTION 
 OF DOCUMENTS. 
 
 {Heading as in Form 1.) 
 
 Upon hearing -^ and upon reading the affidavit of 
 
 filed — day of -^ , 18--^, and, , 
 
 It is ordered that — attend before 
 
 the arbitrator herein, on ■■ — , the days , of 
 
 , 18-^, at -^ , and then and there submit to be 
 
 ■examined on oath or affirmation on behalf of the 
 
 touching the matters referred to said arbitrator. 
 
 And it is further ordered that the said do at the 
 
 ■time and place aforesaid produce and deliver to tlie said 
 •arbitrator the papers, documents, and writings hereafter 
 mentioned, that is to say (specify documents to be produceei). 
 
 Dated the -^ — day of — , 18 — . 
 
 Wo. 87. 
 
 ORDER *0 REMOVE JUDGMENT FROM COUNTY COJRt. 
 
 18 — . (Here put the letter and, number.) 
 In the Supreme Court. 
 
 In Chambers. 
 In the matter of a plaint in the County Court of 
 
 liolden at ' — ' — -, wherein , plaintiff, 
 
 and 
 — ^-^ -^ ^, defendant. 
 
1092 FORMS — SUMMONSES AND ORDERS. [PART IH, 
 
 Appx. K. Upon reading the affidavit of , filed the day 
 
 - *°' '^' — of , 18 — , and , certified copy of the judgment 
 
 in the plaint above mentioned, 
 
 It is ordered that a writ of certiorari issue to remove 
 the said judgment from the above-named County Court 
 into the Supreme Court. 
 
 Dated the day of , 18 — . 
 
 Ho. 88. 
 
 ORDER FOR A^pEST (CAPIAS). 
 
 {Heading as in Form 1.) 
 
 On hearing and on reading the aflSdavit of 
 
 sworn the day of , 18 — , and 
 
 It is ordered that the defendant be arrested and 
 
 imprisoned for the term of from the date of his 
 
 arrest, including the day of such date, unless and until he 
 
 shall sooner deposit in Court the sum of % , or give to the 
 
 sheriff or other officer arresting him a bond executed by 
 
 him, and two sufficient sureties in the penalty of $ , or 
 
 some other security satisfactory to the plaintiff, that any 
 sum recovered against the said defendant in the action shall 
 be paid, or that the defendant shall be rendered to prison. 
 
 And it is further ordered that the sheriff of do, 
 
 within one calendar month from the date hereof, including 
 the day of such date and not afterwards, take the defendant 
 for the purpose aforesaid, if he shall be found in the said 
 sheriff's bailiwick. 
 
 Dated the day of 18 — . 
 
 To be indorsed, as a writ of summons, with name of 
 solicitor procuring the same, or of plaintiff, if plaintiQ is 
 suing in person and without a solicitor. 
 
 BOND ON DEFENDANTS ARREST. 
 
 Know all men by these presents that we, G. D. (the 
 
 defendant) of , , E. F. of , , and G. H. of 
 
 , , are held and firmly bound to J, K. of , 
 
 High Sheriff of the county of , (or coroner of the 
 
 county of ), in the sum of $ of lawful money of 
 
CHAP. 104.] FORMS — SUMMONSES AND OKDERS. 1093 
 
 Canada, to be paid to the said J. K., or his certain attorney, ^"''jf 
 
 executors, administrators, or assigns, for which payment ^~— 
 
 well and truly to be mads, we bind ourselves, and each of 
 us for himself, our and every 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, G. D., was on the day 
 
 of taken by the said /. K., as sheriff (or coroner) as 
 
 aforesaid, by virtue of an order for the arrest of the said 0. 
 
 D., bearing date the day of to the said sheriff 
 
 {or coroner) delivered, in an action at the suit of .4.5. And 
 whereas, by the said order, it is ordered that the said G. D. 
 
 be arrested and imprisoned for month from the date 
 
 of his an-est, including the day of such date, unless and 
 
 until he shall sooner deposit in Court the sum of $ , or 
 
 give to the said J. K. a bond executed by him and (two) 
 
 sufficient sureties in the penalty of $ , or some other 
 
 security satisfactory to the plaintiff, that any sum recovered 
 against the said G. D. in the said action shall be paid, or 
 that the said C. D. shall be rendered to prison : Now the 
 condition of this obligation is such that if any sum 
 recovered against the said G. D. in the said action shall be 
 paid, or the said G. D. shall be rendered to prison according 
 to the said order, then this obligation shall be void, other- 
 wise to stand and remain in full force and effect. 
 
 Signed, sealed and delivered I p e»' \ ' A 
 
 in presence of .| ^•^; ^^^^ 
 
 No. S». 
 
 ORDER OF REFERENCE UNDER S. 28 OF THE NOVA 
 SCOTIA JUDICATURE ACT, 1884. 
 
 (Iteading as in Form, 1.) 
 
 Upon hearing and upon reading the affidavit of 
 
 filed the dav of 18 — , and . 
 
 It is ordered that the following question arising in this 
 
 action, namely, , be referred for inquiry and 
 
 report to , under section 28 of The Nova Scotia 
 
 Judicature Act, 1884, and that the costs of this applicatioa 
 
 Dated the dav of 18 — . 
 
1094 FORMS^SUMMONSES AND ORDERS. [PART III. 
 
 Appx. K. Tto. 30. 
 
 Ho. ZO, 
 
 ORDER. OF REFERENCE UNDER S. 29 OF THE NOVA SCOTIA 
 JUDICATURE ACT, 1884. 
 
 f Heading as in Form l.Ji 
 
 Upon hearing and upon reading the affidavit of 
 
 ■ — — — filed the day of 18 — , and — ■ — . 
 
 It is ordered that the fstate whether- all or some, and if 
 so luhich, of the questions are to be tried) in this action be 
 
 tried by , who shall have all the powers as to 
 
 certifying and amending of a Judge of the Supreme Court, 
 and shall make his report of and concerning the matters 
 ordered to be tried as aforesaid, pursuant to the statute (or 
 direct judgment to be entered and otheiwise deal with the- 
 whole action, pursuant to Order XXXIV., E,ule 38.) 
 
 And it is further ordered that the said referee may, if he- 
 think fit, examine the parties to this action, and their 
 respective witnesses, upon oath or aiRrmation, and that the 
 said parties shall produce before the said referee all books, 
 deeds, papers, and writings in their or either of their 
 custody or power relating to the matters so ordered to- 
 be tried. 
 
 And it is further ordered that neither the plaintiff nor 
 the defendant shall bring or prosecute any action against 
 the said referee, or again.st each other, of or concerning the- 
 matters so ordered to be tried, and that if either party by 
 affected delay or otherwise wiKully prevent the said 
 referee from making his report, he or they shall pay such 
 costs to the other as the Court or a Judge may think 
 reasonable and just. 
 
 And it is further ordered that in the event of the said 
 referee declining to act, or dying before he has made his. 
 report, the said parties may, or if they cannot agree, one of 
 the Judges of the Supreme Court may, upon application by 
 either party, appoint & new referee. 
 
 And it is ordered that the costs of this application, 
 be . 
 
 Dated the -- — day of ,,18^. 
 
CHAP. 104.] FORMS— SUMMONSES AND ORDERS. 1095 
 
 Bfo. 31. Appx. K. 
 
 Nos. 31, 32. 
 
 ORDER OF REFERENCE TO MASTER. 
 
 (Headmg as in Form 1.) 
 
 Upon hearing and upon reading the affidavit 
 
 of filed the day of , 18 — ■, and ■ — : 
 
 It is ordered that this action [or the matters of account 
 in this action, or the following questions in this action 
 being matters of account, namely, (stating them)], be 
 
 referred to the certificate of — with all the powers as 
 
 to certifying and amending of a Judge of the Supreme 
 
 Court, and that the costs of the and of the reference 
 
 be in the discretion of the said , and that the costs 
 
 of this application be . 
 
 Dated the day of , 18 — . 
 
 No. 33. 
 
 ORDER FOR EXAMINATION OF WITNESSES BEFORE TRIAL. 
 
 (Heading as in Form 1.) 
 
 Upon hearing and upon reading the affidavit 
 
 of , filed the day of , 18 — , and : 
 
 It is ordered that , a witness on behalf of 
 
 the , be examined viva voce (on oath or affirmation) 
 
 before , Esquire, special examiner, the 
 
 solicitor or agent giving to the solicitor or agent 
 
 — notice in writing of the time and place where the 
 
 examination is to take place. 
 
 And it is further ordered that the examination so taken 
 b^ filed in the Prothonotaty's office of the Supreme Court 
 at - — — — -, and that an authenticated copy or copies thereof 
 may be read and given in evidence on the trial of this 
 cause, saving all just exceptions, without any further proof 
 of the absence of the said witness than the affidavit of the 
 
 solicitor or agent of the ■ as to his belief, and that 
 
 the costs of this application be . 
 
 Dated the day of — , 18 — , 
 
1096 FOEMS — SUMMONSES AND ORDERS. [PAET III. 
 
 Appx. K. 
 TIos. 33, 34. If o. 33. 
 
 SHORT ORDER FOR ISSUE OF COMMISSION TO EXAMINE 
 WITNESSES. 
 
 (Heading as in Form 1.) 
 
 Upon hearing and upon reading the affidavit 
 
 of , filed the day of , 18 — , and : 
 
 It is ordered that the be at liberty to issue a com- 
 mission for the examination of witnesses on behalf 
 
 at . 
 
 And it is further ordered that the trial of this action 
 be stayed until the return of the said commission, the 
 usual long order to be drawn up, and unless agreed upon 
 by the parties within one week to be settled by a Judge, 
 for as the case may he,) and that the cost of this appli- 
 cation be . 
 
 Dated the day of , 18 — . 
 
 Tio. 34. 
 
 LONG ORDER FOR COMMISSION TO EXAMINE WITNESSES., 
 
 {Heading as in Form 1.) 
 
 Upon hearing and upon reading the aflSdavit of 
 
 , filed the day of , 18 — , and 
 
 It is ordered as follows : — 
 
 1. A commission may issue directed to , 
 
 of , and , of , commissioners 
 
 named by and on behalf of the , and to of- 
 
 and commissioners named by and on behalf of the 
 
 for the examination upon interrogatories and viva 
 
 voce of witnesses on behalf of the said and 
 
 respectively at aforesaid before the said commis- 
 sioners, or any two of them, so that one commissioner only 
 on each side be present and act at the examination. 
 
 2. Both the said and shall be at liberty 
 
 to examine upon interrogatories and viva voce upon the 
 subject-matter thereof or arising out of the answers thereto 
 such witnesses as may be produced on their behalf, with 
 liberty to the other party to cross-examine the said 
 witnesses upon cross-interrogatories and viva voce, the 
 party producing the witness for examination being at 
 
GHAP. 104.] FOHMS — SUMMONSES AND ORDERS. 1097 
 
 liberty to re-examine him viva voce : and all such additional app^- ^■ 
 
 viva voce questions, whether on examination, cross-examina- 
 tion, or re-examination, shall be reduced into writing, and 
 with the answers thereto, returned with the said commis- 
 sion. 
 
 3. Within days from the date of this order the 
 
 solicitors or agents of the said and shall 
 
 exchange the interrogatories they propose to administer to 
 
 their respective witnesses, and shall also within days 
 
 from the exchange of such interrogatories, exchange copies 
 of the cross-interrogatories intended to be administered to 
 the said witnesses. 
 
 days previously to the sending out of the said 
 
 No. 34. 
 
 commission, the solicitor of the said shall give to 
 
 the solicitor of the said notice in writing of the 
 
 mail or other conveyance by which the commission is to be 
 sent out. 
 
 5. days previou.sly to the examination of any 
 
 witness on behalf of the said — or respectively, 
 
 notice in writing signed by any one of the commissioners 
 of the party on whose behalf the witness is to be examined 
 and stating the time and place of the intended examination, 
 and the names of the witnesses intended to be examined, 
 shall be given to the commissioners of the other party by 
 delivering the notice to them personally, or by leaving it 
 at their usual place of abode or business, and if the 
 commissioners of that party neglect to attend pursuant to 
 the notice, then one of the commissioners of the party on 
 whose behalf the notice is given shall be at liberty to 
 proceed with and take the examination of the witness or 
 witnesses, ex parte, and adjourn any meeting or meetings, 
 or continue the same, from day to day until all the 
 witnesses intended to be examined by virtue of the notice 
 have been examined, without giving any further or other 
 notice of the subsequent meeting or meetings. 
 
 6. In the event of any witness on his examination, 
 cross-examination, or re-examination producing any book, 
 document, letter, paper, or writing, and refusing for good 
 cause, to be stated in his deposition, to part with the 
 original thereof, then a copy thereof, or extract therefrom, 
 certified by the commissioners or commissioner present to 
 be a true and correct copy or extracts, shall be annexed to 
 the witnesses' deposition. 
 
 7. Each witness to be examined under the commission 
 shall be examined on oath, affirmation, or otherwise in 
 
1098 , FOEMS — SUMMONSES AND ORDERS. [PAET III. 
 
 Appx. K. accordance with his religion by or before the said commis- 
 — au^_o%- — sioners or commissioner. 
 
 8. If any one or more of the witnesses do hot 
 understand the English language (the interrogatories, 
 cross-interrogatories, and viva t)oce questions, if any, being 
 previously translated into the language with which he or 
 they is or are conversant), then the examination shall be 
 taken in English through the medium of an interpreter or 
 interpreters, to be nominated by the commissioners or 
 commissioner, and to be previously sworn according to his 
 or their several religions hy or before the said commissioners 
 or commissioner truly to interpret the questions to be put 
 to the witness or witnesses, and his and their answers 
 thereto. 
 
 9. The depositions to be taken under and by virtue of 
 the said commission shall be subscribed by the witness or 
 witnesses, and by the commissioners or commissioner who 
 shall have taken such depositions. 
 
 10. The interrogatories, cross-interrogatories, and 
 depositions, together with any documents referred to 
 therein, or certified copies thereof, or extracts therefrom, 
 
 shall be sent to the Prothonotary at on or before the 
 
 day of , or such further or other day as may be ordered, 
 
 enclosed in a cover under the seal or seals of the said 
 commissioners or commissioner, and certified copies thereof 
 may be given in evidence on the trial of this action by and 
 
 on behalf of the said and • — - respectively, 
 
 saving all just exceptions, without any other proof of the 
 absence from this country of the witness or witnesses 
 therein named, than an afiivavit of the solicitor or agent of 
 
 the said or ^ — respectively, as to his 
 
 belief of the . 
 
 11. The trial of this cause is to be stayed until the 
 return of the said commission. 
 
 12. The costs of this order, and of the commission to 
 be issued in pursuance hereof, and of the interrogatories, 
 cross-interrogatories, and depositions to be taken there- 
 under, together with any such document, copy, or extract 
 as aforesaid, and official copies thereof, and all other costs 
 incidental thereto, shall be . 
 
 Dated the day of — , IS — . 
 
CHAP. 104.] FOEMS — SUMMONSES AND ORDERS. 
 
 1099 
 
 IVo. 35. 
 
 ORDEK FOE EXAMINATION OF JUDGMENT DEBTOR. 
 
 18 — . (Here put the letter and number.} 
 In the Supreme Court. 
 
 Between 
 
 and 
 
 Upon hearing 
 
 filed the 
 
 Appz. E. 
 Nos. SS, 36. 
 
 Judgment Creditor, 
 , Judgment Debtor. 
 
 and upon reading the affidavit of 
 — day of — , 18 — , and . 
 
 It is ordered that the above-named judgment debtor 
 attend and be orally examined as to whether any or what 
 debts are owing to him, before - 
 
 the 
 
 day of 
 
 in Chambers, at 
 
 insc, and that the said 
 
 judgment debtor prodace his books (or as may lie ordered) 
 before the said Judge at the time of the examination, and 
 that the costs of this application be . 
 
 Dated the 
 
 day of 
 
 Tio. se. 
 
 GARNISHEE ORDER (ATTACHING DEBT.) 
 
 18—. {Here put the letter and number.} 
 In the Supreme Court. 
 
 In Chambers. 
 
 Between 
 
 and 
 
 Upon hearing 
 
 -, Judgment Creditor, 
 
 -, Judgment Debtor, 
 -, Garnishee. 
 
 filed the 
 
 and upon reading the affidavit of 
 — day of — — 18 — , and ■, 
 
 It is ordered that all debts owing or accruing due from, 
 the above-named garnishee to the above-named judgment 
 debtor be attached to answer a judgment recovered against 
 the said judgment debtor by the above-named judgment 
 creditor in the Supreme Court, on the — - day of ^ 
 
1100 FORMS — SUMMONSES AND OEDERS. [PART III. 
 
 Appx. K. 18 — , for the sum of S , on which judgment the said 
 
 — ''"' ^ — sum of $ remains due and unpaid. 
 
 And it is further ordered that the said garnishee attend 
 
 the Judge in Chambers on day the day of , 
 
 18 — , at o'clock in the noon, on an application by 
 
 the said judgment creditor, that the said garnishee pay the 
 debt due from 'him to the said judgment debtor, or so much 
 thereof as may be sufficient to satisfy the judgment. 
 
 And that the costs of this application be . 
 
 Dated the day of , 18 — . 
 
 TXo. 37. 
 
 GARNISHEE ORDER (ABSOLUTE.) 
 
 18 — . (Here put the letter and number.) 
 
 In the Supreme Court. 
 
 In Chambers. 
 
 Between , Judgment Creditor, 
 
 and 
 
 , Judgment Debtor, 
 
 , Garnishee. 
 
 Upon hearing and upon reading the affidavit of , 
 
 filed the day of , 1^ — , and whereby it 
 
 was ordered that all debts owing or accruing due from the 
 above-naiaed garnishee to the above-named judgment 
 debtor shall be attached to answer a judgment recovered 
 against the said judgment debtor by the above-named 
 
 judgment creditor in the Supreme Court on the day 
 
 of , 18 — , for the sum of $ , on which judgment 
 
 the said sum of $ remained due and unpaid. 
 
 It is ordered that the said garnishee do forthwith pay 
 the said judgment creditor the debt due from him to the 
 said judgment debtor (or so much thereof as may be 
 sufficient to satisfy the judgment debt), and that in default 
 thereof execution may issue for the same, and that the 
 costs of this application be . 
 
 Dated the day of , 1^ — . 
 
CHAP. 104.] FOKMS — SUMMONSES AND OEDERS. 1101 
 
 Wo. 88. ^P"^ ^ 
 
 Nos. 38, 39. 
 
 ORDER ON client's APPLICATION TO T.VX SOLICITOR'S BILL 
 
 OF COSTS. 
 
 18 — . (Here put the letter and number.) 
 
 In the Supreme Court. 
 
 In Chambers. 
 
 In the matter of the taxation of costs, and in the 
 
 matter of , one of the solicitors of the Supreme 
 
 Court. 
 
 It is ordered that the bill of fees, charges and disburse- 
 ments delivered to the applicant by the above-named 
 solicitor be taxed, and that the said solicitor give credit 
 for all sums of money by him received of or on account of 
 the applicant, and that he refund what, if anything, he 
 may on such taxation appear to have been overpaid. 
 
 And it is further ordered that the said solicitor do not 
 commence or prosecute any cause or matter touching the 
 demand pending the taxation. 
 
 And it is further ordered that upon payment by the 
 applicant of what (if anything) may appear to be due to 
 the said solicitor the said solicitor do, (if required) deliver 
 up to the applicant, or as he may direct, all deeds, books, 
 papers, and writings in the said solicitor's possession, 
 custody or power belonging to the applicant. 
 
 And it is ordered that the costs of this application 
 be . 
 
 Dated the day of , 18 — . 
 
 Wo. 39. 
 
 ORDER ON solicitor's APPLICATION TO TAX BILL OF COSTS. 
 
 18 — . (Here put the letter and number.) 
 In the Supreme Court, 
 
 In Chambers, 
 
 In the matter of the taxation of co.sta, and in the 
 
 matter of , one of the Solicitors of the Supreme 
 
 Court. 
 
 Upon hearing — ■ , and upon reading the affidavit 
 
 of ~, filed the day of , 18 — , and '• — : 
 
1102 FORMS — SUMMONSES AND OEDEES. [PAET III. 
 
 Appx. K. It is ordered that the above-named solicitor's bill of 
 ^9- . ^^- . ■ fees, charges and disbursements, delivered to (here- 
 inafter called the said client) be taxed, and that the said 
 solicitor give credit for all sums of money by him received 
 from or on account of the said client, and that he refund 
 what, if anything, he may on such taxation appear to have 
 been overpaid. 
 
 And it is further ordered that the said solicitor do not 
 commence or prosecute any cause or matter touching the 
 ■demand pending the taxation. 
 
 And it is further ordered that upon payment by the 
 said client of what (if anything) may appear to be due to 
 the said solicitor^ the said solicitor do (if required)) deliver 
 to the said client^ or as he may direct, all deeds, books> 
 papers, and ■writings in the said solicitor's possession, custody 
 or power, belonging to the said client. 
 
 And it is ordered that the costs of this applicatioii 
 
 be^ — . 
 
 Dated the day of '^^j 18 — . 
 
 ORDER To fAX AFTER ACTION BROtrGST. 
 (Heading as in Form 1.) 
 Upon hearing , and upon reading the affidavit 
 
 of , filed the -^ — ■ day of , IS — , and 
 
 It is ordered that the plaintiff's bill of costs, charges and 
 disbursements delivered to the defendant, for the recovery 
 of which this action is brought, be taxed, and that the 
 plaintifl' give credit at the time of taxation for all sums of 
 money by him received from or on account of the defendant. 
 
 And it is further ordered that the plaintiff do not 
 prosecute this action touching the demand pending the 
 taxation. 
 
 And it is further ordered that upon payment of what, 
 (if anything), may appear to be due to the plaintiff, 
 together with the costs of this action (which are to be also 
 taxed and paid), all further proceedings therein be stayed, 
 and that the costs of this application be . 
 
 Dated the day of ^^~, 18 — . 
 
CHAP. 104.] FORMS— SUMMONSES A.ND ORDERS. 1103 
 
 Wo. 41. 
 
 1. 
 
 AppX. K. 
 Kos. 41, 42. 
 
 IISTERPLEADER ORDER NO. 
 
 
 18—. {Here put the letter and 
 
 number.) 
 
 
 In the Supreme Court. 
 
 
 
 In Chambers. 
 
 
 
 
 ~, Plaintiff, 
 -, Defendant, 
 
 
 and 
 
 
 and between 
 
 --, Claimant, 
 — , Respondent. 
 
 
 and 
 
 
 Upon hearing — and upon reading the affidavit of 
 
 -, filed the — — day of , 18 — , and 
 
 It is ordered that the claimant be barred, that no action 
 
 be brought against the above-named (Sheriff) -^ -" a'nd 
 
 that the costs of this application be -. 
 
 Dated the — — - day of -^ -, 18—. 
 
 No. 43. 
 
 INTERPLEADER ORDER, NO. 2. 
 18-^. (Here put the letter and number.) 
 In the Supreme Court. 
 
 In Chambers. 
 
 Between — — -, Plaintiff, 
 
 and 
 (Defendant, 
 
 and 
 — "- — — — , Claimant. 
 
 Upon hearing — ^— and upon rjeading the affidavit of 
 , filed the day of — -, 18—, and -— . 
 
 It is ordered that the above-named claimant be 
 substituted as defendant in this action in lieu of the present 
 defendant, and the costs of this application be — ^-^— , 
 
 Dated the ^^ — day of — , 18-—. 
 
1104 FORMS— SUMMONSES AND ORDERS. [PART HI. 
 
 Appx. K. 
 No. 43. 
 
 No. 43. 
 
 
 INTERPLEADER ORDER, NO. 3. 
 
 
 18 — . (Here 'put the letter and number.) 
 
 
 In the Supreme Court. 
 
 
 In Chambers. 
 
 
 Between , PlaintiS, 
 
 and 
 .Defendant, 
 
 and between 
 
 , Claimant, 
 
 and the said , execution creditor, and , the 
 
 Sheriff of , Respondents. 
 
 Upon hearing , and upon reading the affidavit of 
 
 , filed the day of , 18 — , and , 
 
 It is ordered that the said Sheriff proceed to sell the 
 goods seized by him under the writ of execution issued 
 herein, and pay the net proceeds of the sale, after deducting 
 the expenses thereof, into Court in this cause, to abide 
 further order herein. 
 
 And it is further ordered that the parties proceed to the 
 trial of an issue in the Supreme Court, in which the said 
 claimant shall be the plaintiff, and the said execution 
 creditor shall be the defendant, and the question to be tried 
 shall be whether at the time of the seizure by the sheriff 
 the goods seized were the property of the claimant as 
 against the execution creditor. 
 
 And it is further ordered that this issue be prepared 
 
 and delivered by the plaintiff therein within from 
 
 this date, and be returned by the defendant therein within 
 days, and be tried at . 
 
 And it is further ordered that the question of costs and 
 all further questions be reserved until the trial of the said 
 issue, and that no action shall be brought against the said 
 sheriff for the seizure of the said goods. 
 
 Dated the day of , 18—. 
 
CHAP. 104.] FORMS — SUMMONSES AND ORDERS. 1105 
 
 Hfo. 44. Appx. K. 
 
 N08. 41, 45. 
 INTERPLEADER ORDER, NO. 4. 
 
 (Heading as in Form JfS.) 
 
 Upon hearing, &c. 
 
 It is ordered that upon payment of the sum of $ 
 
 into Court by the said claimant within from this 
 
 date, or upon his giving within the same time security to 
 the sati.sfaction of a Judge (or as the case may he) for the 
 payment of the same amount by the said claimant according 
 to the directions of any order to be made herein, and upon 
 payment to the above-named sheriff of the possession money 
 from this date, the said sheriff do withdraw from the 
 possession of the goods seized by him under the writ of 
 execution herein. 
 
 And it is further ordered that unless such payment be 
 made or security given within the time aforesaid the said 
 sheriff proceed to sell the said goods, and pa}' the proceeds 
 of the sale, after deducting the expenses thereof and the 
 possession money from this date, into Court, in the cause, 
 to abide further order herein. 
 
 And it is further ordered that the parties proceed, &c. 
 
 And it is further ordered that this issue, &c. 
 
 And it is further ordered that the question of costs, &c. 
 
 Dated the day of , 18 — . 
 
 So. 45. 
 
 INTERPLEADER ORDER NO. 5. 
 
 (Heading as in Form 4-^.) 
 
 Upon hearing, &c. 
 
 It is ordered that upon payment of the sum of $ 
 
 into Court by the said claimant, or upon his giving security 
 to the satisfaction of a Judge (or, as the case m,ay be), for 
 the payment of the same amount by the claimant according 
 to the directions of any order to be made herein, the 
 above-named sheriff withdraw from the possession of the 
 goods seized by him under the writ of execution issued 
 herein. 
 
 71 
 
1106 FORMS — SUMMONSES AND ORDERS. [PART III. 
 
 Appx. K. And it is further ordered that in the meantime, and 
 
 Nob. 46, ¥1. mjtil such payment made or security given,^ the sheriff 
 continue in possession of the goods, and the claimant pay 
 possession money for the time he so continues, unless the 
 claimant desire the goods to be sold by the sheriff, in which 
 case the sheriff is to sell them and pay the proceeds of the 
 sale, after deducting the expenses thereof, and the posses- 
 sion money from this date, into Court in the cause, to abide 
 further order herein. 
 
 And it is further ordered that the parties proceed, &c. 
 
 And it is further ordered that this issue, &c. 
 
 And it is further ordered that the question of costs, &e. 
 
 Dated the day of . 18 — . 
 
 IVo. 4C. 
 
 INTERPLEADER ORDER, NO. 6. 
 
 {Reading as in Form 4^.) 
 
 The claimant and the execution creditor having requested 
 and consented that the merits of the claim made by the 
 claimant be disposed of and determined in a summary 
 
 manner, now upon hearing , and upon reading the 
 
 affidavit of , filed the — — day of , 
 
 18—, and . 
 
 It is ordered that . 
 
 And that the costs of this application be 
 Dated the day of , 18 — •. 
 
 No. 47. 
 
 ' INTERPLEADER ORDER, NO. 7. 
 
 {Reading as in Form 4^.) 
 
 Upon hearing , and upon reading the 
 
 affidavit of , filed the day of — -— - — , 18 — , and 
 
 It is ordered that the above-named sherifi' proceed to 
 sell enough of the goods seized under the writ of execution 
 
-CHAP. 104.] "FOUSIS— SUMMOlTSES AlifD OfeDBH^. 1107 
 
 issued in this action to satisfy expenses of the said sale, ^ ^ 
 the rent (if an}') due the claimant, and this execution, froa. 48, 49. 
 
 And it is further ordered that out of the proceeds of 
 the said sale (after deducting the expenses thereof, and 
 rent, if any), the said sheriff pay to the claimant the 
 ■amount of his said claim, and to the execution creditor the 
 amount of his execution, and the residue, if any, to the 
 defendant. 
 
 And it is further ordered that no action be brought 
 •against the said sheriff, and that the costs of this applica'- 
 tion be — . 
 
 Dated the -^^ day of '^ , 18 — . 
 
 No. 4s. 
 
 OEDE-R DISMISSING SDMMONS (GENERALLY.) 
 
 (Heading as in Form 1.) 
 
 Upon hearing and -upon reading the affidavit 
 
 ■of , filed the — — day of , IS^^, and , 
 
 It is ordered that the application of r — ^ be dismissed 
 
 with costs to be taxed and paid by the — to the — — ^ 
 
 {or, and that the costs of and occasioned by this application 
 be the " -^— 's in any event.) 
 
 Dated the day of — , 18 — . 
 
 Uro. 49. 
 
 ORDER TO REPLEVY. 
 
 18-^. (Sere 'put ihe letter and number.) 
 
 In the Supreme Court. 
 
 Between A. B., Plaintiff, 
 and 
 C. D., Defendant. 
 
 By virtue of the provisions of the Rules of the Supreme 
 'Court, 1884, I hereby authorize and direct you without 
 delay on security being given you according to said Rules 
 '(Order XLV,), to replevy and deliver to the said A. B. the 
 
1108 ■ FORMS — SUMMONSES AND ORDERS. [PART III. 
 
 Appx. K. goods and chattels {or cattle) which he claims in this suit. 
 
 Nob, so, 51. ^j^j which he alleges that the said 0. D. unjustly detains ; 
 
 that is to say : — (Here enumerate the goods, <tc., to be 
 
 replevied), and forthwith to return to me this order, and 
 
 what you shall have done under the same. 
 
 Dated the day of , IS—. 
 
 (Signed,) , 
 
 Prothy. Sup. Ct., Co. of 
 
 To the High Sheriff of the 
 County of . 
 
 iy«. so. 
 
 AFFIDAVIT FOR REPLEVIN. 
 
 (Heading as above.) 
 
 I, A. B., of , in the County of , make 
 
 oath and say : 
 
 That I have the right to the possession of the following 
 
 cattle (or goods, as the case may be), to wit : , as 
 
 I verily believe, and that G. D. unjustly detains the same ; 
 and that the said cattle {or goods, as the case may be,) are 
 to the best of my belief, of the value of dollars. 
 
 Sworn to at , this day 
 
 of , A. D. IS — , before me, . 
 
 No. 51. 
 
 BOND FOR REPLEVIN. 
 
 [Bond in the usual form, from, A. B., (plaintiff,) and 
 E. F., and G. H.] 
 
 Whereas, the said A. B. has obtained an order for 
 replevin against C. D. to obtain possession of certain cattle 
 
 (or goods) to wit: , which the said A. B. asserts 
 
 to bo his property. 
 
 Now, the condition of this obligation is such, that if the 
 said A. B. shall not prosecute his suit in which the said 
 
CHAP. 104.] FORMS — ^SUMMONSES AND OEDSRS. 1109 
 
 order was made, with effect and without delay, or if suit is Appx. k. 
 carried on and continued between the said A. B and G. D. Wos. S2, S3. 
 touching the property of the said cattle (or goods) and the 
 Court shall adjudge that the said cattle {or goods) shall he 
 restored to the said G. D. with damages for detaining the 
 same, then if the said A. B. shall restore the said cattle 
 i^or goods) and pay and satisfy any judgment that may be 
 obtained against him, this bond shall become void. 
 
 (Where the plaintiff himself does not join in ike bond, 
 the form must be altered to conform to Ike fact.) 
 
 No. 53. 
 
 BOND TO OBTAIN RETURN OF THE PROPERTY. 
 
 [Bond in the usual form, from G. D. (defendant,) and 
 E. F. and G. H.] 
 
 Whereas, the said G. D. claims to retain certain cattle 
 
 (or goods^ to wit: , to recover possession of which 
 
 A. B. has obtained an order for replevin. 
 
 Now, the condition of this obligation is such, that if 
 the Court shall adjudge that the said cattle (or goods) shall 
 be restored to the said A. B, with or without damages for 
 detaining the same, then if the said C. D. shall restore the 
 said cattle (or goods), and pay and satisfy any judgment 
 that may be recovered against him, this obligation shall be 
 void, but otherwise shall remain in force. 
 
 (Where the defendant him,self does not join in the bond, 
 the form must be altered to conform to the fcu:t) 
 
 No. 33. 
 
 ORDER FOR EXAMINATION TOUCHING MEANS. 
 
 18. — (Here put the letter and number.) 
 In the Supreme Court 
 
 In Chambers. 
 
 Between , Judgment Creditor, 
 
 and 
 , Judgment Debtor. 
 
 On hearing and on reading the affidavit of 
 
 , filed the day of , 18—, and : 
 
1110 FORMS — CHANeERY BUSINESS. [PAET Ilf. 
 
 Appx. L. It is ordered that the above-named {or that 
 
 ^°' ^' an officer of the defendant corporation) attend- 
 
 before the Judge, at Chambers, on the • day of 
 
 18 — , at in the noon, to be examined on oath 
 
 touching his means {ov the means of the said corporation,), 
 of paying the judgment debt, and that the costs of this, 
 application be . 
 
 Dated the day of --, 1& — . 
 
 .A.i=i=EiNriDi22: 
 
 EQtriTT OR CHANCERY BUSINBSSv 
 I¥e. 1'. 
 
 Swmmons. 
 
 In the Supreme Court, , 18 — . 
 
 In the matter of the estate of A. B:, late of — - — • — -, in 
 the county of — ——^, deceased . 
 
 Or 
 
 Between G. I}., petitioner, 
 and 
 E. F., defendant. 
 
 The defendant E. F. (or G. H., of, cfec.,) is hereby 
 
 summoned to attend at Chambers on -— the day 
 
 of , at o'clock in the noon, to be examined, 
 
 {or to be examined as a witness) on the part of the ■, 
 
 for the purpose of the proceedings directed by Mr. Justice 
 , to be taken ~. 
 
 Dated this — - — day of , 18 — . 
 
 X. Y., 
 Prothy. 
 
 This summons was taken out by of ■ — , iu 
 
 the county of -, solicitors for — — — — . 
 
CHAP. 104.] FORMS — CHANCERY BUSINESS. 1111 
 
 "'*• *• Kos. 2, 3 
 
 ADVERTISEMENT FOR CLAIMANTS NOT BEING CREDITORS. 
 
 Pursuant to a judgment {or order) of the Supreme 
 
 Court made in (the matter of the estate of , and in) 
 
 an action by against , the persons claiming 
 
 to be next of kin to {or the heir of, as the ease may he) 
 
 — , late of , in the county of , who died 
 
 in or about the month of , are by their solicitors, on 
 
 or before the day of , to come in and prove 
 
 their claims at Chambers at the Court House, in Halifax, 
 or in default thereof, they will be peremptorily excluded 
 from the benefit of the said judgment {or order)-. The 
 
 day of — , at o'clock in the noon, at 
 
 Chambers, is appointed for hearing and adjudicating upon 
 the claims. 
 
 Dated the day of , 18 — . 
 
 A.B., 
 Prothy. 
 
 IVo. 3. 
 
 ADVERTISEMENT FOR CREDITORS, 
 
 Pursuant to a judgment {or an oi'der) of the Supreme 
 Court made in (the matter of the estate of A. 5., and in) an 
 
 action S. against P., the creditors of A. B., late of , 
 
 in the county of — , who died in or about the month 
 
 of - - — , 18 — , are on or before the day of , 
 
 18 — -, to send by post, prepaid, to E. F., of , the 
 
 solicitor of the defendant 0. D., the executor (or adminis- 
 trator) of the deceased (or as may he directed), their 
 Christian and surname, addresses and descriptions, the full 
 particulars of their claims, a statement of their accounts, 
 and the nature of the securities (if any), held by them, or 
 in default thereof, they will be peremptorily excluded from 
 the benefit of the said judgment (or order). Every creditor 
 holding any security is to produce the same before the 
 Judge, presiding at Chambers, in Halifax, on the — - — day 
 
 of — ; 18—, at o'clock in the noon, being the 
 
 time appointed for adjudication on the claims. 
 
 Pated this day of — • — ~, 18 — , 
 
 Q.H., 
 
 Prothy. 
 
1112 FORMS — CHANCERY BUSINESS. [PART III. 
 
 Appx. L, Ifo. 4. 
 
 Nos. 4, 5. 
 
 NOTICE TO CREDITOR TO PRODUCE DOCUMENTS. 
 
 (Short Title.) 
 
 You are hereby required to produce in support of the 
 claim sent in by you against the estate of A. B., deceased, 
 (describe the document required to he produced), before 
 
 Mr. Justice , at Chambers, at the County Court 
 
 House in Halifax, on the day of , at 
 
 o'clock in the noon. 
 
 Dated this day of , 18 — . 
 
 G. K, of etc., solicitor for plaintiff (or defendant, or as 
 
 the case may he.) 
 
 To Mr. S. T. 
 
 TSo. 5. 
 
 AFFIDAVIT OF EXECUTOR OR ADMINISTRATOR AS TO CLAIMS 
 OF CREDITORS. 
 
 In the Supreme Court. 
 
 (Title.) 
 
 We, C.B ,oi <&c., the above-named plaintiff (or defend- 
 ant, or as may he,) the executor (or administrator) of A. B., 
 
 late of , in the County of , deceased, and 
 
 E F., of &c„ solicitor, severally make oath and say as 
 follows : — 
 
 I, the said E. F., for myself, say as follows : 
 
 1. I have in the paper writing now produced and 
 shown to me and marked A., set forth a list of all the 
 claims the particulars of which have been sent in to me 
 by persons claiming to be creditors of the said A. B., 
 deceased, pursuant to the advertisement issued in that 
 behalf, dated the day of , 18 — . 
 
 And I, the said C. D., for myself, say as follows : 
 
 2. I have examined the particulars of the several 
 claims mentioned in the paper writing now produced and 
 shown to me, and marked A., and I have compared the 
 same with the books, accounts, and documents of the said 
 A. B. (or OS may he, and state any other inquiries or 
 
CHAP. 104.] FORMS — CHANCERY BUSINESS. 1113 
 
 investigations made), in order to ascertain, so far as I am Appx. l. 
 
 able, to which of such claims the estate of the said A. B.is '- — '- — 
 
 justly liable. 
 
 3. From such examination (and state any other 
 reasons) I am of opinion and verily believe, that the estate 
 of the said A. B. is justly liable to the amounts set forth 
 in the sixth column of the first part of the said paper 
 writing, marked A., and to the best of my knowledge and 
 belief, such several amounts are justly due from the estate 
 of the said A. B., and proper to be allowed to the respective 
 claimants named in the said schedule. 
 
 4. I am of opinion that the estate of the said A. B. is 
 not justly liable to the claims set forth in the second part 
 of the said paper writing, marked A., and that the same 
 ought not to be allowed without proof by the respective 
 claimants {or I am not able to state whether the estate of 
 the said A. B. is justly liable to the claims set forth in 
 the second part of the said paper writing, marked A., or 
 whether such claims, or any parts thereof, are proper to be 
 allowed without further evidence.) 
 
 5. Except as hereinbefore mentioned, there are not, to 
 the best of my knowledge, information, and belief, any 
 other claims against the estate of the said A. B. 
 
 Sworn, &c. 
 
 UTo. 6. 
 
 EXHIBIT REFERRED TO IN AFFIDAVIT NO. 5. 
 
 (Short Title.) 
 
 List of claims, the particulars of which have been sent 
 in to E. F., the solicitor of the plaintiiF (or defendant, or 
 as may be), by persons claiming to be creditors of A. B., 
 deceased, pursuant to the advertisement issued in that 
 behalf, dated the day of , 1 S — . 
 
 This paper writing marked A., was produced and shown 
 
 to , and is the same as referred to in his affidavit 
 
 sworn before me this day of , 18 — . 
 
 W. B., So. 
 
1114 
 
 FORMS — CHANCERY BUSINESS. 
 
 PART III. 
 
 Appx. 1. First Part. — Claims proper to be allowed without 
 
 No 7. 
 
 further evidence. 
 
 Serial Names'of 
 No. I Claimants. 
 
 Addresses and 
 Desoriptions. 
 
 Particulars 
 of claim. 
 
 Amount 
 claimed. 
 
 Amount pro- 
 per to be 
 allowed. 
 
 Second Part. — Claims which ought to be proved by 
 the Claimants. 
 
 Serial 
 No. 
 
 Names of Claimants. 
 
 Addresses and 
 Descriptions. 
 
 Particulars of 
 Claim. 
 
 Amount 
 Claimed. 
 
 Wo. 7. 
 
 NOTICE TO CREDITOR OF ALLOWANCE OF CLAIM. 
 
 (Short Title.) 
 
 The claim sent in by you against the estate of A. B., 
 
 deceased, has been allowed at the sum of $ -, with 
 
 interest thereon at $ per centum per annum, from the 
 
 day of — , 18 — , and $ for costs. 
 
 {If 'part only allowed, add, If you claim to have a 
 larger sum allowed, you are hereby required to prove such 
 further claim, and you are to file such affidavit as you may 
 be advised in support of your claim, and to give notice 
 thereof to me on or before the — — day of — — -— , 18 — ■ 
 
 next, and to attend by your solicitor at — Chambers 
 
 at the Court House in Halifax, on — — =■ day of ■ — , 18 — , 
 
 at o'clock in the -noon, being the time appointed 
 
 for adjudicating on the claim.) 
 
 Dated this day of , 18. 
 
 G. R., of, &c., Solicitor for the plaintiff {or defendant, or 
 as may be). 
 
 To Mr. P. R. 
 
CHAP. 104.] FOKMS — CHANCERY BITSINESS. 1115 
 
 IVo. 8. 
 
 NOTICE TO CEEDITOR TO PROVE HIS CLAIM. 
 
 (Short Title.) 
 
 You are hereby required to prove the claim sent in by 
 you against the es.tate of A. B. deceased. You are to file 
 such affidavit as you may be advised in support of your 
 
 claim, and give notice thereof to me on or before the 
 
 daj' of next, and to attend by your solicitor at Chambers 
 
 at the County Court House at Halifax, on the — day of 
 
 -^ -, 18 — ; at o'clock in the noon, being the 
 
 time appointed for the adjudicating on the claim. 
 
 Dated the day of • — , 18 — . 
 
 G. R., of, tfcc, solicitor for the plaintiff (or, defendant, or 
 as may he.) 
 
 To Mr. S. T. 
 
 ieppx. L. 
 
 Nos. 8, %■ 
 
 No. 9. 
 
 CERTIFICATE. 
 
 (Title.) 
 
 In pursuance of the directions given to me by Mr. 
 
 Justice , I hereby certify that the result of the 
 
 accounts and inquiries which have been taken and made in 
 pursuance of the judgment (ox order) in this cause dated 
 the day of -^—, is as follows : 
 
 1. The defendants -" — — the executors of , the 
 
 testator, have received personal estate to the amount of 
 
 % , and they have paid, or are entitled to be allowed, 
 
 on account thereof, sums to the amount of $ , leaving a 
 
 balance due from (or to) them of % on that account. 
 
 The particulars of the above receipts and payments 
 
 appear in the account marked , verified by the 
 
 affidavit of -, filed on the day of , 
 
 and which account is to be filed with this certificate, except 
 that in addition to the sums appearing on such account to 
 have been received, the said defendants are charged with 
 
1116 FORMS — CHANCERY BUSINESS. [PART III. 
 
 Appx. L. ^\iQ following sums, (state the same here or in a schedule') 
 
 No. 9. 
 
 -and except that I have disallowed the items of disbursement 
 in the said account numbered , and, 
 
 (Or in cases where a transcript has been made.) 
 
 The defendants have brought in an account 
 
 verified by the affidavit of — , filed on the day of 
 
 and which account is marked and is to be 
 
 filed with this certificate. The account has been altered, 
 
 and the amount marked , and which is also to be 
 
 filed with this certificate, is a transcript of the account as 
 altered and passed. 
 
 2. The debts of the testator which have been allowed, 
 
 are set forth in the Schedule hereto, and with the 
 
 interest thereon and costs mentioned in the Schedule, are 
 due to the persons therein named, and amount altogether 
 to $ . 
 
 3. The funeral expenses of the testator amount to the 
 
 sum of $ , which I have allowed the said executors in 
 
 the said account of personal estate. 
 
 4. The legacies given by the testator are set forth in 
 
 the Schedule hereto, and with the interest therein 
 
 mentioned remain due to the persons therein named, and 
 amount altogether to $ — . 
 
 5. The outstanding personal estate of the testator 
 
 consists of the particulars set forth in the Schedule 
 
 hereto. 
 
 a. The real estate to which the testator was entitled 
 
 consists of the particulars set forth in the Schedule 
 
 hereto. 
 
 7. The defendants have received rents and profits of 
 the testator's real estate, &c., (in a form, similar to that 
 provided with respect to the personal estate.) 
 
 8. The incumbrances affecting the said testator's real 
 estate are specified in the Schedule hereto. 
 
 9. The real estates of the testator directed to be sold, 
 have been sold, and the purchase monej's, amounting 
 altogether to $ , have been paid into Court. 
 
 N.B. — The above numbers are to correspond with the 
 numbers in the order after each statement, the 
 evidence produced is to be stated as follows : — 
 
 The evidence produced on this account (or inquiry) 
 consists of the probate of the testator's will, the affidavit of 
 
 -4, B., filed and paragraph numbered of the affidavit 
 
 of CZ)., filed. 
 
CHAP. 104.] FORMS — CHANCERY BUSINESS. 1117 
 
 Wo, 10. APP^- ^• 
 
 Wo. 10. 
 
 AFFIDAVIT VERIFYING ACCOUNTS AND ANSWERING USUAL 
 
 INQUIRIES AS TO REAL AND PERSONAL ESTATE. 
 
 In the Supreme Court. 
 
 (Title.) 
 
 We, A. B., of &c., , 0. D., of Sc, , E. F., of 
 
 <&c., the above-named defendants, severally make oath and 
 say as follows : — 
 
 1. We have according to the best of our knowledge, 
 information and belief, set forth in Schedule I, hereto a full 
 account and inventory of the peisonal estate of or to which 
 
 G. H. , the testator in the judgment {or order) dated 
 
 — , made in this action (or matter) named, who died 
 
 on the day of , was possessed or entitled at the 
 
 time of his death, and not by him specifically bequeathed. 
 
 2. Save what is set forth in the said Schedule I, and 
 what is by the said testator specifically bequeathed, the said 
 testator was not to the best of our knowlege, information 
 or belief, at the time of his death possessed of or entitled to 
 any debt or sum of money due to him from us, or any of 
 us, on any account whatsoever, nor to any leasehold or 
 other personal estate whatsoever. 
 
 3. The said testator' .s funeral expenses have been paid. 
 The same consists of the items of disbursement numbered 
 
 and in the account hereinafter referred to (or if 
 
 not paid, it should be so stated with the amount due and to 
 whom due.) 
 
 4. We have in the account marked A., now produced 
 and shown to us, according to the best of our knowledge, 
 information and belief, set forth a full account of the 
 personal estate of the said testator, not by him specifically 
 bequeathed, which has come to our hands or to the hands 
 of any of us, or to the hands of any person or persons by 
 our order, or the order of any of us, or for our use, or the 
 use of any of us, with the times when, the names of the 
 persons from whom, and on what account the same has 
 been received, and also a like account of the disbursements, 
 allowances and payments made by us or any of us on 
 account of the said testator's funeral expenses, debts and 
 personal estate, together with the times when, the names of 
 the persons to whom, the purposes for which the same 
 were disbursed, allowed or paid. 
 
1118 PORStS— CfiANCERY BUSINESS. [PAET III. 
 
 Appx. L. 5 j^jjj ^e, each speaking positively for himself and 
 
 Ko. 10 
 
 • to the best of his knowledge and belief as to other persons, 
 further say that except as appears in the said account 
 marked A., we have, not, nor has any of us, nor have nor 
 has any other person or persons by our order or the order 
 of any of us, or for our use, or the use of any of us, 
 possessed, received, or got in any part of the said testator's 
 personal estate, nor any money in respect thereof, and that 
 the said account marked A. does not contain any item of 
 disbursement) allowance, or payment, other than such as 
 has actually been disbursed, paid or allowed on the account 
 aforesaid. 
 
 6. To the best of 6ur knowledge, information and 
 belief) the personal estate of the said testator, now 
 outstanding or undisposed of, consists of the particulars set 
 forth in Schedule II., hereto. 
 
 7. Save what is set forth in Schedule II., there is not t(3 
 our knowledge, information) or belief, any part of the said 
 testator's personal estate now outstanding or undisposed of. 
 
 8. We have, according to the best of our knowledge) 
 information and belief, set forth in Schedule III., hereto 
 the particulars of all the real estate which the said G. II, 
 was seised of or entitled to at the date of his death. 
 
 9. Save what is set forth in the said schedule, the said 
 testator was not to the best of our knowledge, information 
 or belief, at the time of his death seised of or entitled to 
 any real estate, whatsoever. 
 
 10. We have, according to the best of our knowledge, 
 information and belief, set forth in Schedule TV., hereto, 
 the particulars of all the incumbrances affecting the said 
 testator's real estate, and what part thereof such incum- 
 brances respectively affect. 
 
 11. We have in the account marked B., now produced 
 and shown to us, according to the best of our knowledge, 
 information and belief, set forth a fidl account of all the 
 rents and profits of the said testator's real estate which has 
 come to our hands or to the hands of any of us, or to the 
 hands of any person or persons by our order, or the order 
 of any of us, or for our use, or the use of any of us, and 
 the times when, the names of the persons from whom, on 
 ■what account, in respect of what part of such estate the 
 same have been received, and the times when the same 
 became due, and also a like account of the disbursements, 
 allowances, and payments made by us, or any or either of 
 us, in respect of the said testator's real estate, or the rents 
 and profits thereof, and the times when, the names of the 
 persons to whom, and the purposes for which, the same 
 were made. 
 
CHAP. 104.] POEMS— CHANCERY BUSINESS. 111!^ 
 
 12. And we, each speaking positively for himself, and ^^\}" 
 
 to the best of his knowledge and belief as to other persons, '-^- — = 
 
 further say that, except as appears in the said account 
 marked B., we have not, nor has any of us, nor has any 
 other person by our order, or the order of any of us, or for 
 our use, or the use of any of us, possessed, received, or got 
 in any rents or profits of the said testator's real estate, nor 
 any money in respect thereof, and that the said account 
 marked B. does not contain any item of disbursement, 
 payment, or allowance, other than such as has actually 
 been disbursed, paid, or allowed, as above stated. 
 
 The First Schedule above referred to. 
 
 1. $100 cash in the house. 
 
 2. S400 cash at the testator's bankers, Messrs. A^ and B. 
 
 3. $1,000 Dominion of Canada Stock, standing in the 
 testator's name. 
 
 4. $50 due from John James, for half year's rent 
 of house at ■ ■ — , to 1st May, 1883. 
 
 5. $140 balance remaining due from John Thomas on 
 account of half year's rent of farm at , to - — ■ . 
 
 6. $300, a debt due from Samuel Jones on a bond, 
 with interest from — , at per cent. 
 
 7. A leasehold house situate at — -^ — , held under a 
 
 lease for a term of — — -- — , which will expire on — --^ , at 
 
 a rent of $ a year, underlet to James Evans for a 
 
 term which will expire on -— , at a rent of $50 a year. 
 
 8. $25, half a year's rent due from the said James 
 Evans to — ' " — . 
 
 The Second Schedule above referred to. 
 
 (The particulars to be set forth in the same manner as 
 above.) 
 
 The Third Schedule above referred to. 
 (To contain a short particular of the real estate.) 
 
 The Fourth Schedule above referred to. 
 
 (To contain a short particular of the incumbrances, and 
 showing what part of the above real estate is subject to 
 each.) 
 
1120 
 
 FORMS— CHAXCERY BUSINESS. [pART III. 
 
 Appx. L. 
 No. 11. 
 
 No. 11. 
 
 Account of Personal Estate, being Account A., referred to 
 in Form No. 10. 
 
 A. 
 In the Supreme Court. 
 
 (Title.) 
 
 This account marked A. was produced and shown to 
 A. B., G. D., and E. F., and is the account referred to in 
 their affidavit sworn this day of . 
 
 Before me (to be signed here by Commissioner or officer 
 before whom the affidavit is sworn.) 
 
 Kboeipts. 
 
 No. of 
 Item. 
 
 Date when 
 received. 
 
 18 
 
 Names of persons 
 
 from whom 
 
 received. 
 
 Evans and Co. . . 
 
 John James 
 
 Samuel Jones 
 
 James Evans 
 
 William Williams 
 
 On what account 
 received. 
 
 Found in house 
 
 Balance at bankers . . . . 
 
 Half year's dividend on 
 
 |l,000 stock 
 
 Half year's rent of house 
 from — to 
 
 Bond debt of $300 and 
 
 interest from 
 
 to • 
 
 Half year's rent of lease- 
 hold house due 
 
 Produce of sale of the 
 , above leasehold 
 house 
 
 Amount 
 received. 
 
 DlSBUESEMENTS. 
 
 No. of 
 Item. 
 
 Date when 
 
 Said or 
 lowed. 
 
 Names of Persons 
 
 to whom paid or 
 
 allowed. 
 
 For what purpose paid 
 or allowed. 
 
 Amount 
 paid or 
 allowed. 
 
 18 
 
 James Price . . . 
 
 Messrs. A. & B 
 John George . . 
 
 James Price . . 
 
 Undertaker's bill for 
 
 funeral 
 
 Expenses of Probate 
 
 A debt due to him for 
 medical attendance . . 
 
 Bond debt of .51,000 
 and .?25 for interest 
 
 thereon from 
 
 to 
 
CHAP. 104.] FORMS — CHANCERY BUSINESS. 
 
 1121 
 
 IVo. 13. 
 
 Account of Rents and Profits, being the account B. referred 
 to in No. 10. 
 
 Appx. L. 
 No. 12. 
 
 In the Supreme Court. 
 
 B. 
 
 (Title.) 
 
 This account marked B. was produced and shown to 
 A. B., G. D., and E. F., and is the account referred to in 
 their affidavit sworn this day of . 
 
 Before me (to he signed here by Commissioner or officer 
 before whom affidavit sworn.) 
 
 Receipts. 
 
 No. of 
 Item. 
 
 Date when 
 received. 
 
 18- 
 
 Names of Persons 
 
 from whom 
 
 received. 
 
 John James . 
 
 Thomas James . . . 
 
 John James.. 
 
 On what account and in 
 
 respect of what Part of 
 
 the Estate received, 
 
 and when due. 
 
 Half year's rent for farm 
 
 in town of , 
 
 due 
 
 One quarter year's rent 
 
 of house at , 
 
 due 
 
 Same as No. 1, due . - 
 
 Amount 
 received. 
 
 Disbursements. 
 
 No. of 
 Item. 
 
 2 . 
 
 Date when 
 paid or 
 Edlowed. 
 
 18- 
 
 Names of Persons 
 
 to whom paid or 
 
 allowed. 
 
 For what purposes paid 
 and allowed. 
 
 Sun Insurance 
 Office 
 
 Thomas Carpen- 
 ter 
 
 James Francis, 
 
 One year's insurance 
 against fire, due 
 
 Repairs at John James' 
 farm 
 
 City Tax, half year due 
 10th October | 
 
 Amount 
 paid or 
 allow 
 
 72 
 
1122 
 
 FORMS — CHANCERY BUSINESS. [PART HI. 
 
 Appx. 1- 
 No. 13. 
 
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^HAIP. 10*.] tORMS— CHANCERS BUSINESS. 
 
 1123 
 
 
 
 
 
 
 
 
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 Appx. L. 
 
 
 
 
 
 
 
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1124 
 
 yOEMS — CHANCERY BUSINESS, 
 
 [part in. 
 
 Appz. L. 
 No. 13. 
 
CHAP. 104.] FORMS — CHANCERY BUSINESS. 1125 
 
 Appx. L. 
 Wo. 14. No. 14. 
 
 ORDINARY CONDITIONS OF SALE. 
 Conditions of Sale. 
 
 1. No person is to advan-ce less than $ — — at eacli 
 bidding. 
 
 2. The sale is subject to a reserved bidding for each 
 lot which has been fixed by the Judge. 
 
 3. Each purchaser is iit the time of sale to subscribe 
 his name and address to his bidding, and all written notices 
 and communications and summonses are to be deemed duly 
 delivered to and served upon the purchaser by being left 
 for him at such address, unless or until he is represented by 
 a solicitor. 
 
 4. Each purchaser is at the time of sale to pay a 
 
 deposit of $ per cent, on the amount of his purchase 
 
 money to , the person authorized to receive the same. 
 
 5. Each purchaser is upon application to pay the 
 amount of his purchase money (after deducting the amount 
 
 paid as a deposit) on or before the day of , and 
 
 if the same is not so paid, then the purchaser is to pay 
 interest on his purchase money, including the amount of 
 
 such valuation at the rate of $ per cent, per annum 
 
 frorh the day of to the day on which the same 
 
 is actually paid. Upon payment of the purchase money in 
 manner aforesaid, the purchaser is to be entitled to posses- 
 sion, or to the rents and profits, a* from the day of 
 
 , down to which time all outgoings are to be paid by 
 
 the vendors. 
 
 6. If any error or mis-statement shall appear to have 
 been made in the above particulars, such error or mis- 
 statement is not to annul the sale or entitle the purchaser 
 to be discharged from his purchase, but a compensation is 
 to be made to or by the purchaser, as the case may be, and 
 the amount of such compensation is to be settled by 
 the Judge at Chambers. 
 
 fAdd to these such conditions respecting the title and title 
 ■deeds as may be necessary or proper.) 
 
 Lastly. If the purchaser shall not pay his purchase 
 money at the time above specified, or at any other time 
 which may be named in any order for that purpose, and in 
 all other respects perform these conditions, an order may be 
 made upon application at Chambers, for the re-sale of the 
 lot purchased by such purchaser, and for payment by- the 
 purchaser of the deficiency, if any, in the price which may 
 be obtained upon such re-sale and of all costs and expenses 
 ■occasioned by such default. 
 
112& FORMS — CHANCERY BtrSINESS. [PART IH. 
 
 Appx. L. 
 
 Ho. la.. 
 
 No. 15. 
 
 AFFIDAVIT OF RESULT OF SALE, 
 
 In the Supreme Court. 
 
 (Title.} 
 
 1, A. B^ of &c., the person directed to sell the estate* 
 comprised in the particulars hereinafter referred to, do- 
 make oath and say as follows : — 
 
 1. I did at the time and place, in the lots, and sphjecfe 
 to the conditions specified in the particulars and conditions 
 of sale now produced and shown to roe, and marked with 
 the letter A, put up for sale by auction the estates 
 described in such particulars. The result of such sale is. 
 truly set forth in the bidding paper marked with the letter 
 B, now produced and shown to me. 
 
 2. The sums set forth in the second column of such, 
 bidding paper are the highest sums bid for the respective 
 lots, the numbers of which are set forth in the first column 
 opposite to such respective sums, and the persons whose 
 names are subscribed in the third column of such bidding 
 paper as purchasers were respectively the highest bidders, 
 for and became the purchasers of the respective lots the 
 numbers whereof are set opposite to such respective names 
 in the said first column of the said bidding paper at the 
 prices or sums set opposite to their respective names in the 
 said second column thereof. 
 
 3. The several lots opposite to the numbers of which I 
 have in the third column of the said bidding paper written 
 the words " not sold" were not sold, no person having bid 
 a sum equal to or higher than the reserved bidding fixed by 
 the said Judge. 
 
 4. No person bid any sum whatever for either of the 
 lots opposite the numbers of which I have in the second 
 column of the said bidding paper written the words " na 
 bidding." 
 
 5. The said sale was conducted by me in a fair, open, 
 and candid manner, and according to the best of my skilt 
 and judgment. 
 
 6. I have received the sums set forth in the fourth 
 column of the schedule hereto as deposits from the 
 respective purchasers whose names are set forth in the 
 second column of such schedule opposite the said respective 
 sums in respect of their said respective purchase moneys,, 
 leaving due in respect of the said purchase moneys the 
 respective sums set forth in the fifth column of tlxe said! 
 schedule. 
 
CHAP. 104.] FORMS — CHANCERY BUSINESS. 
 
 1127 
 
 The Schedule above referred to. 
 
 Appz. L. 
 Na 16. 
 
 No. of 
 Lot, 
 
 KTaaje of purchaser. 
 
 Amount of pur- 
 chase money. 
 
 Amount of de- 
 posit received. 
 
 Amount re- 
 maining due. 
 
 JSo. 19. 
 
 LIST OF DEBTS ALLOWED. 
 
 James v. Jones, 
 List of Debts. 
 
 No. of 
 
 Names 
 
 of 
 
 Creditors. 
 
 
 Amounts 
 
 
 Entry 
 
 of 
 Claim. 
 
 Addresses. 
 
 allowed for 
 Principal, In- 
 terest & Costs. 
 
 Total 
 Amount due. 
 
 2 
 
 James AUen 
 
 Halifax, in the coun- 
 ty of Halifax, Sur- 
 geon 
 
 Interest 
 
 Costs 
 
 $100 00 
 
 1 4 00 
 
 2 20 
 
 $106 20 
 
 1 
 
 Charles Cohen,. 
 
 Windsor, in the 
 
 
 
 
 county of Hants, 
 
 
 
 
 
 Gentleman, exe- 
 
 
 
 
 
 cutor of John 
 
 
 
 
 
 Thomas 
 
 $67 00 
 
 
 
 
 Interest from fifth 
 
 
 
 
 
 October, 1882, at 
 
 
 
 
 
 $6 per cent 
 
 4 20 
 
 
 
 
 Costs 
 
 2 20 
 
 $ 73 40 
 
 
 
 5 
 
 John Dennis ) 
 
 and > 
 
 Owen Thomas j 
 
 Truro, county of 
 Colchester, Gro- 
 cers, and co-part- 
 ners 
 
 Interest from 16th 
 October, 1882, at 
 $6 per cent 
 
 Another debt 
 
 Interest 
 
 Costs 
 
 $100 00 
 
 5 00 
 
 62 00 
 
 2 10 
 
 2 40 
 
 
 
 
 
 
 $171 50 
 
 
 
 
 
1128 
 
 FORMS — CHANCERY BUSINESS. 
 
 [part III. 
 
 Appx. t. 
 Nos. 17, IS. 
 
 Wo. ly. 
 
 LIST OF LEGACIES REMAINING UNPAID. 
 James v. Jones. 
 List of Legacies. 
 
 Names of 
 Legatees. 
 
 Description. 
 
 Amount 
 of Princi- 
 pal and 
 Interest. 
 
 Total 
 
 Amount 
 
 due. 
 
 James Oliver 
 
 Son of Testator, an infant 
 Interest 
 
 Of Windsor, widow 
 
 Interest from 1st January, 1880, 
 the death of testator 
 
 Of Halifax, Esq 
 
 Paid in part . . . 
 
 .$100 00 
 7 50 
 
 $107 50 
 54 80 
 
 Mary Russell 
 
 50 00 
 4 80 
 
 Jane, the wife of 
 John Williams 
 
 250 00 
 50 00 
 
 
 
 
 
 200 00 
 14 11 
 
 
 
 
 214 11 
 
 
 Total— $ 
 
 KTo. IS. 
 
 LIST OF APPORTIONMENTS AMONG CREDITORS OR LEGATEES. 
 
 Apportionment among Creditors (or Legatees.) 
 
 Xames of 
 
 Creditors 
 
 (or Legatees.) 
 
 Addresses. 
 
 Amounts 
 
 before 
 certified 
 to be due 
 and sub- 
 sequent 
 interest. 
 
 Totals 
 due. 
 
 Amounts 
 appor- 
 tioned. 
 
 John Jones 
 
 Halifax, woollen draper . . 
 Subsequent interest 
 
 Truro, intheCounty of Col- 
 chester, executors of 
 Wm. Young, deceased 
 
 Subsequent interest 
 
 $200 00 
 17 10 
 
 $217 10 
 
 217 10 
 Total-I 
 
 $57 40 
 57 40 
 
 Thomas Young and 
 Robert Y^oung .... 
 
 200 00 
 17 10 
 
 
 
 
 
CHAP. 104.] FORMS— CHANCERY BUSINESS. 1129 
 
 No. 19. Appx. L. 
 
 No. 19. 
 
 RECEIVER S RECOGNIZANCE, 
 of , of , and , of ■ 
 
 Before our Sovereign Lady the Queen in her Supreme 
 Court of Nova Scotia personally appearing, do acknowledge 
 themselves, and each of them doth acknowledge himself, to 
 
 owe to Prothonotary of said Supreme. Court at 
 
 the sum of — ■■ — , to be paid to the said or his 
 
 executors, administrators or assigns, and unless they do pay 
 
 the same they, the said do grant, and each of them 
 
 doth grant for himself, his heirs, executors, and adminis- 
 trators, that the said suin of shall be levied, recovered, 
 
 and received of and from them and each of them, and of 
 and from all and singular the messuages, lands, tenements, 
 and hereditaments, goods and chattels, of them and each of 
 them wheresoever the same shall or may be found. 
 Witness our said Sovereign Lady Victoria by the Grace of 
 God of the United Kingdom of Great Britain and Ireland, 
 
 Queen, Defender of the Faith, and so forth, at the 
 
 day of , 18 — . 
 
 Whereas, by an order of the said Supreme Court made 
 
 in a cause wherein are plaintiffs, and 
 
 defendants, and dated the day of . 
 
 It was ordered that a proper person should be appointed 
 
 to receive {or that upon the above-bounden first 
 
 giving security he should be appointed receiver of) the 
 rents and profits of the real estate, and to collect and get in 
 
 the outstanding personal estate of ■ in the. said order 
 
 named. And whereas a Judge hath (approved of the said 
 
 as a proper person to be such receiver, and hath) 
 
 approved of the above bounden and as 
 
 sureties for the said , and hath also approved of the 
 
 above-written recognizance with the under-written condition 
 
 as a proper security to be entered into by the said 
 
 and pursuant to the said order and Rules of the 
 
 said Court in that behalf, and in testimony of such appro- 
 bation the Judge hath signed an allowance in the margin 
 hereof. 
 
 Now the condition of the above-written recognizance is 
 
 such that if the said do and shall duly account for 
 
 all and every the sum and sums of money which he shall so 
 receive on account of the rents and profits of the real 
 estate, and in respect of the personal estate of the said 
 , at such periods as a Judge shall appoint, and do 
 
1130 FOEMS — CHiNCEKY BUSINESS. [PART III. 
 
 Appx. L, and shall duly pay the halances which shall from time to 
 
 — N o. 20. j.j,^g ^ig certified to be due from him as the said Court or a 
 
 Judge hath directed or shall hereafter direct, then the above 
 
 recognizance shall be void and of none effect, otherwise the 
 
 same is to be and remain in full force and virtue. 
 
 Taken and acknowledged by the above-named, die. 
 
 No. 30. 
 
 AFFIDAVIT VERIFYING RECEIVER'S REPORT. 
 
 In the Supreme Court. 
 
 (Title.) 
 of , the receiver appointed in 
 
 this cause, make oath and say as follows :- 
 
 1. The account contained from page to page , 
 
 both inclusive, in each of the two several books marked 
 with the several lettters A. and B. produced and shown to 
 me at the time of swearing this, my affidavit, and 
 purporting to be my account of the rents and profits of the 
 
 real estate and of the outstanding personal estate of , 
 
 the testator (or intestate) in this cause, from the day 
 
 of , 18—, to the day of , 18—, both 
 
 inclusive, contains a true account of all and every sum of 
 money received by me or by any other person or persons by 
 my order, or to my knowledge or belief, for my use on account 
 or in respect of the said rents and profits accrued due on 
 
 or before the said day of on account or in 
 
 respect of the said personal estate, except what is included 
 as received in my former account (or accounts) sworn by 
 me. 
 
 2. The several sums of money mentioned in the said 
 account, hereby verified to have been paid and allowed, 
 have been actually and truly so paid and allowed for the 
 several purposes in the said account mentioned. 
 
 3. The said account is just and true in all and every 
 the items and particulars therein contained, according to 
 the best of my knowledge and belief. 
 
 4. W. X., and Y. Z., , the sureties named in the 
 
 recognizance dated the of — 18 — , are both alive 
 
 and neither of them has become bankrupt or insolvent, or 
 assigned his property for the benefit of creditors. 
 
CHAP. 104.] FOEMS — CHANCERY BUSINESS. 1131 
 
 Nos. 2X, 22.. 
 
 ORIGINATING SUMMONSES. 
 
 In the Supreme Court. 
 
 In the matter of th& estate of A. B., deceased. 
 
 BetweeH C. B., Plaintiff, 
 and 
 E. F., Defendant. 
 
 Let E. F., the exeentor of the said A. B., attend at 
 
 Chambers at the County Court House, at the time 
 
 specified in the margin (or at the foot) hereof, upon the 
 
 application of G. D., of , Esq., who claims to be a 
 
 creditor (or, as the ease inay be} upon the estate of the 
 above-named A . B., for an order for the administration of 
 the personal (or real or personal) estate of the .said A. B. 
 
 Dated the day of , 18—, 
 
 (Seal.) 
 
 This summons was taken out by , of , 
 
 solicitors for the above-named C. D. 
 
 The following note to he added to the original sum'mons^ 
 and when the time is altered by indorsement the indorse- 
 inent to be referred to as below i' — 
 
 Note.— If you do not attend either in person or by your 
 solicitor at the time and place abo^ve-mentioned 
 (or at the place above-mentioned at the time- 
 mentioned in the indorsement hereon), such 
 order will be made and proceedings taken as 
 the Judge may think Just and expedient. 
 
 request to set down cause for further consideration.. 
 
 In the Supreme Court. 
 
 A. V. R 
 
 I request that this cause, the further consideration 
 
 whereof was adjourned by order of the — — -day of ^ 
 
 may be set down for further consideration before Mr. 
 Justice -™- — — . 
 
 a D., 
 Plaintiff's (ox def^dant's^ solicitca'. 
 
1132 FORMS — CHANCERY BUSINESS. [PAET III. 
 
 Appx. L. mi ~ 
 
 Nos. 23, 24. ™»- *•• 
 
 NOTICE THAT CAUSE HAS BEEN SET DOWN FOR FURTHER 
 CONSIDERATION. 
 
 In the Supreme Court 
 
 B. 
 
 Take notice that this cause, the further consideration 
 
 whereof was adjourned by the order of the day 
 
 of , was on the day of set down for 
 
 further consideration before Mr. Justice for the 
 
 day of . 
 
 Dated, &c. 
 To Mr. 
 
 CD. 
 
 Solicitor for 
 
 Solicitor for 
 
 Wo. 34. 
 
 FORM OF ORDERING ACCOUNTS AND INQUIRIES. 
 
 This Court doth order that the following accounts and 
 inquiry be taken and made, that is to say : 
 
 1. An account of the personal estate not specificall}'' 
 bequeathed of A. B., deceased, the testator in the pleadings 
 named, come to the hands of, &c. 
 
 2. An account of the testator's debts. 
 
 3. An account of the testator's funeral expenses. 
 
 4. An account of the testator's legacies and annuities, 
 (if any) given by the testator's will. 
 
 5. An inquiry what parts (if any) of the testator's 
 said personal estate,' are outstanding or undisposed of. 
 
 And it is ordered that the testator's personal estate not 
 specifically bequeathed be applied in payment of his debts 
 and funeral expenses in a "due course of administration, and 
 then in payment of the legacies and annuities (if anj') 
 given by his will. 
 
 (If ordered.) 
 
 And it is ordered that the following further inquiries 
 and accounts be made and taken, that is to say : — 
 
 6. An inquiry what real estate the testator was seised 
 of or entitled to at the time of his death. 
 
CHAP. 104] FORMS — PAYMENT INTO AND OUT OF COURT. 1133 
 
 7. An account of the rents and profits of the testator's Appx. M. 
 real estate received by, &c. 
 
 8. An inquiry what incumbrances (if any) affect the 
 testator's real estate, or any and what parts thereof. 
 
 (If sale ordered.) 
 
 9. An account of what is due to such incumbrancers 
 as shall consent to the sale hereinafter directed in respect 
 of their incumbrances. 
 
 10. An inquiry, what are the priorities of such last- 
 mentioned incumbrances. 
 
 And it is ordered that the testator's real estate be sold 
 with the approbation of the Judge, cfcc, cfcc. 
 
 And it is ordered that the further consideration of this 
 cause be adjourned, and any of the parties are to be at 
 liberty to apply as they may be advised. 
 
 .iL.I=I=E:tTIDI2^ n^. 
 
 PAYMENT INTO AND OUT OF COURT. 
 
 1. Where it is directed by the Court or a Judge that 
 money paid into Court shall be invested, if the same be in 
 the hands of the Prothonotary, it shall be paid over by 
 him to the Accountant General. The Accountant General 
 shall make the investment according to the order of the 
 Court or a Judge, and forthwith report his doings in 
 relation to such investment. 
 
 2. The dividends, interest, or income derived from 
 securities in which moneys are invested shall be placed to 
 the same credit as that to which the money was originally 
 paid in. 
 
 3. When securities are to be sold, assigned, or in any 
 manner realized, the Accountant General shall, on receipt 
 of the necessary directions, cause the necessary sale, assign- 
 ment, or realization to be made, and the proceeds resulting 
 therefrom shall be placed to the credit of the cause or 
 matter mentioned in the direction, and the Accountant 
 General shall forthwith report to the Court or to the 
 Judge who has made the order for the sale, assignment or 
 realization, what he has done under such order. 
 
1134 iporMs— soLtciToRs' COSTS. [part m. 
 
 Appx. y. 4. The books kept by the Pfothonotaries and by the 
 
 Accountant General, relating to payments of money into 
 and out of Court, shall be open at all times for inspection 
 by such persons as the Governor'in-Council may appoint 
 to inspect the sama 
 
 5. The Accountant General and every Prothonotary 
 shall annually, in the last week of January, furnish to the 
 Court an account showing all balances remaining in their 
 hands or under their control. 
 
 Ji^F-F-m<Ti5x:^ i<t. 
 
 SOLICITORS' COSTSv 
 
 fin lien of Attorneys' Costs in Cap. IJ^, R^ S.. J4h Series.) 
 
 WRITS, SUMMONSES, &C. 
 
 Writ of Summons for commencement of action .... $2 00 
 
 Copy to serve > 1 00 
 
 Indorsement of claim, if special » 80 
 
 Copy to serve 40 
 
 Concurrent writ of summons b .... » 1 50 
 
 Renewal of a writ of summons ■. 1 25 
 
 Notice of a writ for service in lieu of service out 
 
 of the jurisdiction » 1 00 
 
 Writ of Inquiry » 2 50 
 
 Writ of Mandamus 2 00 
 
 Writ of suhpcBna ad testificanduTn, or duces tecum 
 
 and copy 80 
 
 Writ of Distringas . » 2 50 
 
 Writ of execution, or other writ to enforce any 
 
 judgment or order. 1 50 
 
 Procuring a writ of execution or notice to the 
 
 Sheriff, marked with a seal of renewal .... 1 00 
 
 Notice thereof to serve on Sheriff 50 
 
 Any writ not included in the above, and alias and 
 
 subsequent writs 1 50 
 
 These fees include all indorsements and copies, or 
 praecipes for the officer sealing them, and attendances to 
 issue or seal, except where otherwise provided, but not the 
 officer's fees. 
 
CHAP. 104.] fORMS— solicitors' COSTS. 1135 
 
 Summons to attend at Judge's Chambers $ 75 Ap ttat. Kf. _ 
 
 Or, if special, at discretion of taxing authority, not 
 
 exceeding 1 20 
 
 Copy for the Judge when required 40 
 
 Or, per folio 10 
 
 Originating Summons, at taxing authority's dis' 
 
 cretion, not exceeding 2 50 
 
 Copy for Judge 40 
 
 Or, per folio 10 
 
 Indorsing same and copies under Order LV., Rule 14 1 00 
 
 SERVICES AND NOTICES. 
 
 Every necessary notice or demand, and every order, 
 
 (not otherwise provided for) $1 00 
 
 Every copy thereof for service 23 
 
 Each service, or filing in lieu of service, of any writ, 
 notice, summons, order, interrogatories, or 
 petition, not authorized to be served bj' post, 
 and requiring service on a party who has not 
 entered an appearance ....,..,.. 75 
 
 Where, in consequence of the distance of the party 
 to be served, it is proper to effect such service 
 through an agent, for correspondence in 
 addition 50 
 
 Where more than one attendance is necessary to 
 effect service, or to ground an application for 
 substituted service, such further allowance 
 may be made as the taxing authority shall 
 think fit. 
 
 Service, where an appearance has been entered, on 
 
 the solicitor or party 50 
 
 Or, if authorized to be served by post 30 
 
 Where any writ, order, and notice, or any two of them 
 have to be served together, one fee only for service is to be 
 allowed. 
 
 In addition to the above fees the following allowances 
 are to be made :~^ 
 
 As to writs, if exceeding two folios, for copy for 
 
 service, per folio beyond the two $ 10 
 
 As to summons to attend at Chambers, for each copy 
 
 to serve 25 
 
 Or, per folio 10 
 
 As to notices in proceedings to wind up Companies, 
 for preparing or filling up each notice to 
 creditors to attend and receive debts and to 
 contributories to settle list of contributories,. 26 
 
1136 FORMS — solicitors' costs. [part III. 
 
 Appx. N. And for preparing or filling up each notice to con- 
 tributories to be served with a general order 
 for a call, or an order for payment of a call. . $ 25 
 
 And for drawing notice to be served on contribu- 
 
 tories or creditors, of a meeting, per folio 25 
 
 For each copy of the last-mentioned notice to serve, 
 
 per folio 10 
 
 For preparing or filling up for service, in any other 
 cause or matter, each notice to creditors to 
 prove claims, and each notice that paj-ment 
 may be received, specifying the amount to be 
 received for principal and interest and costs, 
 if any 25 
 
 Copies, for service, of interrogatories and petitions, 
 and of orders with necessary notices, (if anj'), 
 to accompany, per folio 10 
 
 Where notice of filing affidavits is required, only one 
 notice is to be allowed for a set of affidavits filed, or which 
 ought to be filed together. 
 
 In proceedings to wind up a Company the usual 
 charges relating to printing shall be allowed in lieu of 
 copies for service where the fee for copies would exceed 
 the charge for printing and amount to more than $12.00. 
 
 Where any appointment is or ought to be adjourned, 
 service of a notice of the adjournment or next appointment 
 is not to be allowed. 
 
 APPEARANCES. 
 
 Entering appearance $1 00 
 
 If entered at one time, for more than one person, 
 
 for every defendant beyond the first 25 
 
 If a person appearing to a writ of summons to 
 recover land limits his defence by his memo- 
 randum of appearance, in addition to the 
 above I 00 
 
 instructions. 
 
 To sue or defend §2 00 
 
 For statement of claim or special case 1 50 
 
 For indorsement of writ of summons when no 
 
 further statement of claim 1 50 
 
CHAP. 104.] FOEMS — solicitors' COSTS. 1137 
 
 For originating summons $1.50 or not to exceed .... $3 00 Appx. n. 
 
 For defence or further defence 2 00 
 
 For counter-claim 1 50 
 
 For reply when defendant sets up a counter-claim . . 1 50 
 
 For reply or further reply in any other case with or 
 
 without joinder of issue , . 1 00 
 
 For confession of defence 1 00 
 
 For joinder of issue without other matter 80 
 
 For special petition, any other pleading (not being 
 a summons), and interrogatories for examina- 
 tion of a party or witness 1 50 
 
 To amend any pleading 1 00 
 
 For affidavit in answer to interrogatories and other 
 
 special affidavits 1 00 
 
 For striking special jury 1 00 
 
 To appeal against order of Court or Judge, or to 
 make motion for new trial,- or other special 
 motion in Court and to appear thereon 2 00 
 
 To add parties by order of Court or Judge 1 00 
 
 For counsel to advise on evidence when the evidence 
 
 in chief is to be taken orally 1 00 
 
 Or not to exceed 3 00 
 
 For counsel to make any application to the Court or 
 
 a Judge, where no other brief '..... 1 00 
 
 Any special instructions in course of the cause or 
 matter, shosvn to th.e taxing authority to be 
 necessary, and not otherwise provided for. .. . 1 50 
 
 For brief on motion for special injunction 2 00 
 
 For brief on hearing or trial of action on notice of 
 trial, or notice for judgtnent given, whether 
 such trial be before a Judge with or without 
 a jury or before an official or special referee, 
 or on trial of an issue of fact before a judge, 
 commissioner or referee, or an assessment of 
 damages 4 00 
 
 For such brief, and for brief on hearing of an appeal 
 when witnesses are to be examined or cross-examined, and 
 on argument of motion for new trial or other special motion 
 in Court, such fee may be allowed as the taxing authority 
 shall think fit, having regard to all the circumstances of the 
 case and to other allowances, if any, for attendances on 
 witnesses and procuring evidence. 
 
 The fees for instructions for brief are to apply to a 
 hearing on further consideration in Court only where an 
 order for accounts and inquiries was made without such 
 hearing or trial as above mentioned. 
 
 73 
 
1138 FORMS — SOLICITOES' COSTS. [PART III. 
 
 Appx. N. DRAWING PLEADINGS AND OTHER DOCUMENTS. 
 
 Statement of claim $1 00 
 
 Or per folio 20 
 
 Defence 1 00 
 
 Or per folio 20 
 
 Counter-claim SO 
 
 Or per folio 20 
 
 Reply, with or without joinder of issue, confession 
 of defence, joinder of issue without other 
 matter, and every other pleading (not being 
 a petition or summons), and amendments of 
 
 any pleading 80 
 
 Or per folio 20 
 
 Particulars, breaches and objections, when required, 
 
 and one copy to deliver 80 
 
 Or such amount as the taxing authority shall think 
 
 fit, not exceeding per folio 15 
 
 If more than one copy to be delivered, for each other 
 
 copy per folio 10 
 
 Deed 5 00 
 
 Special case, whether original or in an action, 
 affidavits in answer to interrogatories, and 
 other special affidavits, special petitions and 
 
 interrogatories, per folio 20 
 
 Brief on tiial or hearing of cause, argument for new 
 trial, appeal, or other special argument in 
 court or on trial of an issue of fact, assess- 
 ment of damages, examination of witnesses, 
 special case and petition before a Court or 
 Judge, Sheriff, Commissioner, Referee, Exam- 
 iner or Officer of the Court, when necessary 
 and proper, in addition to pleadings, including 
 necessary and proper observations, per folio. 20 
 
 Brief on application to add parties 1 00 
 
 Or per folio 20 
 
 Brief on further consideration, per sheet of 10 folios. 1 00 
 Accounts, statements and other documents for 
 Chambers, when required, not exceeding per 
 
 folio 15 
 
 Advertisements, including attendance therefor 1 OO 
 
 Bill of costs for taxation, including copy 50 
 
 Brief in default cases may be allowed at 2 00 
 
 One letter to each defendant, before action, if 
 
 actually sent 50 
 
 Other letters in course of the cause or matter to 
 opposite party or his solicitor, when necessary 
 in the opinion of the taxing authority,, each 50 
 
■CHA^. 104] S'OBMS— SOtlCIfOES' COSTS. 1139 
 
 COPIES. Appx. N. 
 
 Of pleadings, briefs and other docoments, Ivhere no 
 
 other provision is made, per folio $ 10 
 
 Where, pursuant to Rules of Ooart, or on any other 
 proper occasion, any pleading, special case, 
 appeal, eviden'ce, or other matter is printed, 
 the solicitor of the party printing shall be 
 allowed for a copy for the printer (except 
 when made bj' the officer of the Court) and 
 the opposite party shall be allowed, for 
 perusal and ascertaining the correctness 
 thereof, and in lieu of all allowances for such 
 exhibits and other documents as he may 
 furnish for printing, as part of the case, per 
 fdio 15 
 
 *To the Solicitor of the party printing, for examining 
 
 the proof print, per folio 10 
 
 And for pi'inting, the amount actually and properly 
 
 paid to the printer, mot exceeding, per folio 20 
 
 And where any part shall properly be printed in a 
 foreign language, or as a fac-simile, or in any unusual or 
 special manner, or where any alteration in the document 
 being printed becomes necessary after the first proof, such 
 •further allowance shall be made as the taxing authority 
 shall think reasonable. 
 
 These allowances are to include all attendances on the 
 |)rinter. 
 
 PERUSALS. 
 
 Of statement of claim, defence, reply, joinder of 
 issue and other pleading (not being a petition 
 in a pending cause or matter, or summons, 
 other than an Originating Summons), by the 
 solicitor of the party to whom the same are 
 
 delivered $1 00 
 
 Or per folio 10 
 
 Of amendment of any such pleading , 1 00 
 
 Or per folio 10 
 
 Of interrogatories to be answered by a party, by his 
 
 solicitor = . . . 1 00 
 
 Or per folio 10 
 
 Of special case, by the solicitor of any party, except 
 
 the one by whom it is prepared 1 00 
 
 Or per folio .......... ., ..... 10 
 
1140 FORMS — SOLiGlTOKS" COSTS. [PART III. 
 
 ■Appx. H. Of copy order to add parties, notice of defendant's 
 claim against any person not a party to the 
 action under Order XVI., Rule 50, and 
 of defendant's defence and counter-claim 
 served on a person not a party under Order 
 XXL, Rule 13, by the solicitor of the party 
 served 'therewith, and in these several cases 
 the perusal of the plaintifl's statement of 
 claim is also to be allowed, unless the solicitor 
 has been previously allowed such perusal . . $1 00 
 
 Or per folio 10 
 
 Of notice to' produce and notice to admit, by the 
 
 party served 1 00 
 
 Or (if to admit facts) under Order XXXI., Rule 4, 
 
 per folio 20 
 
 Of afHdavit in answer to interrogatories, by the 
 solicitor of the party interrogating, and of 
 other special affidavits by the solicitor of the 
 party against whom the same can be read, 
 per folio OS 
 
 ATTENDANCES. 
 
 To obtain consent of next friend to sue in his name, 
 
 or of a guardian ad litem, 1 00 
 
 To deliver, or file in lieu of delivery, any pleading, 
 (not being a petition or summons), and a 
 
 special case 50 
 
 To inspect, or produce for inspection, documents 
 
 pursuant to a notice to admit 1 00 
 
 Or per hour 1 00 
 
 To examine and sign admissions 1 00 
 
 To inspect, or produce for inspection, documents 
 referred to in any pleading, notice in lieu of 
 pleading, or affidavit pursuant to notice 
 
 under Order XXX., Rule 14 1 00 
 
 Or per hour 1 00 
 
 To obtain or give any necessary or proper consent . . 1 00 
 
 To strike special jury l 00 
 
 To obtain an appointment to examine witnesses. ... 50 
 On examination of witnesses before any examiner, 
 commissioner, officer or other person, per 
 
 witness ^ 2 00 
 
 Or, according to circumstances, not to exceed 10 00 
 
 Or, if without counsel, not to exceed , 15 00 
 
 On deponent's being sworn, or by a solicitor or his 
 clerk to be sworn, to an affidavit in answer 
 to interrogatories, or other special affidavit. . 50 
 
CHAP. 104.3 FORMS — solicitors' COSTS. 1141 
 
 On a summons at Chambers S 1 00 Appx. n. 
 
 Or, according to circumstances, not to exceed 4 00 
 
 On counsel with brief, fee 50 
 
 On consultation or eonf€r«nce with .eounsel 1 (X) 
 
 Or, not to exceed 2 50 
 
 To enter or set down action, special case, or appeal 
 
 for hearing or trial. 50 
 
 In Court, on motion of coui-se 1 50 
 
 To present petition for order of ■course and for order 1 50 
 
 In Court on every special motion 2 OO 
 
 Or, according to eircumstanees, not to exceed 5 00 
 
 On special case, or special petition, or application 
 adjourned from Chambers when on the docket 
 
 for the day and likely to be heard 1 00 
 
 Or, according to circum^ftanees not to exceed , , 4 00 
 
 On hearing or trial of any cause or matter, or issue 
 of fact in the town where the solicitor resides 
 or carries on business, whether before a 
 Judge, with or without a jury^ or commis- 
 sioner or referee, or on assessment of damages 
 
 when on the docket for the day 1 00 
 
 When beard or tried 2 00 
 
 Or, according to circumstances, not to exceed ...... 10 00 
 
 To hear judgment when same adjourned 1 00 
 
 On taxation of costs 1 00 
 
 To obtain or give an undertaking to appear 1 00 
 
 To present a special petition, and for same answered 1 00 
 For preparing and drawing up an order made at 
 Chambers in proceedings to wind up a Com- 
 pany, and atten<ling for same and to get 
 
 same entered -' 1 00 
 
 And for engrossing every such order, per folio 10 
 
 Note. — An order cf course means an order made on an 
 ■ex parte application, and to which a party is entitled as of 
 riorht on his own statement and at his own risk. 
 
 To examine an abstract of title, with deeds, per hour, 
 
 in a cause or matter $ 1 50 
 
 Every other attendance necessary to be made by the 
 
 solicitor 1 00 
 
 If the saifle can be made by a clerk 50 
 
 In addition to the above an allowance is to be made for 
 (the necessary expense of postages, carriage and transmis- 
 sions of documents, telegrams, maps, plans and surveys, 
 ;and the reasonable expense of executing a commLssion to 
 examine witnesses. 
 
1142 FORMS — solicitors' COSTS. [PART IIT. 
 
 Appx. y. The Sheriff is to be allowed $1 for serving, executing 
 
 and making return of every order which, by the Rules, he- 
 is required to serve, execute and return. 
 
 The Prothonotary is to be allowed the same fee for 
 sealing as he was allowed before the commencement of the 
 Act for signing and sealing, and the same fee for sealing an 
 order as was allowed for signing and sealing a writ, where 
 an order has been substituted for a writ by the Rules. 
 
 On the certificate of the Judge before whom the trial 
 or the examination of a witness or witnesses has taken 
 place, a reasonable sum may be allowed for the expense of 
 a short-hand reporter, where^ for any special reason, a 
 reporter has been ordered by the Judge to be procured. 
 
 COUNSEL FEES. 
 
 fCaniested matters.} 
 
 for settling any claim, statement of defence, or other 
 pleading, special ease, interrogatories, petition, 
 &c., (not being a petition on which an ex parte 
 
 application is to be based) % 2 OO 
 
 Or not to exceed > 10 OO 
 
 For any examination, motion or argument in Court 
 or at Chambers where attendance of counsel 
 
 was necessary 2 00' 
 
 Or not to exceed 10 00 
 
 For any necessary consultation in the cause or 
 
 matter ". 2 OO 
 
 Or not to exceed 10 OO 
 
 For examination of witnesses before trial, for each 
 
 day 5 00 
 
 Or not to exceed 15 OO 
 
 For trial of any cause, of of any issues, before a 
 Judge, (with or without a jury), arbitrator, 
 master, referee, or on assessment of damages, 
 or argument of motion for new trial, or of 
 appeal, or of other special' motion before the 
 
 Court, for the first day 15 OO 
 
 Or not to exceed 70 00 
 
 For each day after the fi,rst 10 OO 
 
 Or not to exceed 50 00 
 
 For attending to hear Judgment, if reserved 1 OO 
 
 Or not to exceed 5 00 
 
 When services are such that by the foregoing tables 
 they may be charged for either by solicitor or by counsel^ 
 
CHAP. 104.] FORMS — solicitors' COSTS. 1143 
 
 fees shall be charged in addition to the solicitor's fees only Appx. n- 
 
 when counsel other than the solicitor or members of the 
 
 firm of the solicitor conducting the proceedings are actually 
 
 employed, but where the same practitioner, or firm, acts as 
 
 both counsel and solicitor he may, in lieu of a solicitor's 
 
 fee, charge counsel's fees in any proceeding in which such 
 
 fee might be allowed. 
 
 In fixing counsel fees regard is to be had to the fact of 
 more than one counsel being engaged where such is the 
 case, provided that it appear to the taxing authority that 
 more than one counsel was necessary, and provided the 
 nature of the cause is such in his opinion as to warrant a 
 larger allowance by reason of there having been more than 
 one counsel. 
 
 The following are the items taxable by a solicitor in 
 ordinary cases of default of appearance (liquidated 
 •demand) :— 
 
 Instructions to sue , . , $2 00 
 
 Letter to defendant 50 
 
 Writ of Summons 2 00 
 
 Copy to serve 1 00 
 
 Instructions for indorsement (if special).. 1 50 
 
 Indorsement of claim (if special) SO 
 
 Copy to serve 40 
 
 Attending on return 50 
 
 " to search , 50 
 
 " to enter judgment 50 
 
 Brief 2 00 
 
 Costs and attending to tax 1 50 
 
 If the plaintiff in any action not brought upon contract, 
 express or implied, and formerly deemed an action of tres- 
 pass, or trespass on the case, or in any action for breach of 
 promise of marriage, shall recover less damages than the 
 sum of eight dollars on the trial of any issue, or on inquiry 
 on default, he shall not recover anj- costs unless the Judge 
 before whom the issue is tried or the assessment of damages 
 made, shall certify that the action was brought to try a 
 right besides the mere right to recover damages for "the 
 trespass or grievance for which the action was brought, or 
 that the trespass or grievance was wilful and malicious, or 
 that the action was not frivolous and vexatious, and that 
 the plaintiff had actually sustained damage to the amount 
 recovered, and had by notice in writing demanded compen- 
 isation therefor eight days before action brought, but 
 
1144. 
 
 ORDERS, FORMS, ETC., EEPEALED. [PAET III. 
 
 Appi. 0. nothing in this I'ule shall be construed to deprive any 
 plaintiff of his costs in any action for trespass on any lands, 
 or for entering any lands in respect of which any notice 
 not to trespass thereon shall have been previously served 
 on or left at the last place of abode of the defendant, by or 
 on behalf of the owner or occupier. (P. A. 262.) 
 
 .i^:pi=EiTr)i2c o. 
 
 (1.) The several Eules, Orders and Forms contained in 
 the Schedule and Appendices to "The Nova 
 Scotia Judicature Act, 1884." 
 
 (2.) The Rule of the Supreme Court of 3rd Dec, 1855. 
 
 (3.) The Rules of the Supreme Court of 30th Nov., 1857. 
 
 (4.) The Rule of the Supreme Court of loth Dec, 1858. 
 
 (5.) The Rule of the Supreme Court of 25th July, 1859. 
 
 (6.) The Rule of the Supreme Court of 3rd Aug., 1863. 
 
 (7.) The Rule of the Supreme Court of 4th July, 1864. 
 
 (8.) The Rules made and pronounced by the Judge in 
 Equity, 3rd Feb., 1869. 
 
 (9.) The Rules of the Supreme Court of 6th Jan., 1870. 
 
 (10.) The Rule of the Supreme Court of 12th Aug., 1873. 
 
 (11.) Chapters 13 and 14, Acts of 1876. 
 
 (12.) Chapter 4, Acts of 1878. 
 
 (13.) Chapter 19, Acts of 1879, excepting sections 6, 7, 
 17, 18. 
 
 (14.) Chapter 13, Acts of 1880, excepting sections 14, 
 15, 16. 17, 22, 27. 
 
 (15.) Chapter 2, Acts of 1882, excepting section 7. 
 
 (16.) Chapter 89, Revised Statutes, 4th Series. 
 
 (17.) Chapter 94, Revised Statutes, 4th Series, except- 
 •ing section 196. 
 
 (18.) Chapter 95, Revised Statutes, 4th Series. 
 
 (19.) Chapter 97, Revised Statutes, 4th Series. 
 
title xxiii.] county courts and proceddre therein. 1145 
 
 Chap. 105. 
 CHAPTER 105. 
 
 OF THE COUNTY COURTS AND PROCEDURE THEREIN. 
 
 1. There shall continue to be in this Province, Courts county courts 
 of Law and of Record, to be called County Courts. 
 
 2. For the purposes of this Chapter, this Province division of Ke- 
 shan be divided into seven districts, to be made up astriots. 
 follows : — 
 
 District Number One : — Of the Countj'- of Halifax. 
 District Number Two : — Of the Counties of Lunenburg, 
 Queens and Shelburne. 
 
 District Number Three .-—Of the Counties of Annapolis, 
 Digby and Yarmouth. 
 
 District Number Four: — Of the Counties of Kings, 
 Hants and Colchester. 
 
 District Number Five: — Of the Counties of Pictou and, 
 Cumberland. 
 
 District Number Six: — Of the Counties of Inverness 
 Antigonish and Guysborough ; and 
 
 District Number Seven : — Of the Counties of Cape 
 Breton, Victoria and Richmond. 
 
 3. There shall continue to be one Judge for each one judge for 
 district, who shall reside within the district for which he ^^^ 
 
 is appointed, and who shall hold office during good behavior. 
 
 Every such Judge shall be a barrister of the Supreme Court Qualification. 
 
 of the Province of not less than seven years' standing. ■* 
 
 4. The Judges of the several districts shall preside Governor-in- 
 over the Courts to be held in the counties comprised point time and 
 within their respective districts, and such Courts shall be gourta!' ^°""^ 
 held at such times and in such places as the Governor-in- 
 
 Council may have heretofore appointed, or shall hereafter 
 appoint, by proclamation. 
 
 5. The terms or sittings of such Courts in the respec- J^Kt^ «' ?'*■ 
 
 Ill . . 1 ill- 111 tinga of Courts. 
 
 tive counties shall contmue so long as the business shall 
 require, but not to a date later than the second day before 
 the day appointed for opening the Court at the next place 
 to which the presiding Judge at such Court shall be about 
 to proceed for the purpose of holding a Court. 
 
 6. The Governor-in-Council may by proclamation from Governor-in- 
 time to time alter, vary and re-arrange the times and places t'e°r™tim^''^and 
 in the several districts for holding the County Courts ; and "^^^^^ ^"^^'"^ 
 may also proclaim additional times and places for holding 
 
 such Courts, and may from time to time dispense with the 
 holding of the same. Until the Governor-in-Council shall 
 
1146 COUNTY COURTS AND PROCEDURE THEREIN, [PAET III. 
 
 Chap, 105. make proclamation to the contrary the County Courts 
 ' shall be held in the several counties at the times and in 
 the places at and in which by proclamation they have been 
 heretofore held. 
 
 Clerks appointed 7. Clerks for the several counties in each district shall 
 couno'ir'^"""''' be appointed by the Governor-in-Council, and each clerk 
 shall give security in the same manner as Prothonotaries, 
 and shall hold office during pleasure, and shall be paid by 
 Proviso, fees : Provided always that if an attorney of the Supreme 
 
 Court shall be appointed to such office he shall not practise 
 in any of the Courts of the Dominion during the term of 
 his incumbency. The clerks who hold office at the date 
 of the passing of this Chapter shall be deemed to have 
 been duly appointed under it. 
 
 Deputy oierk for 8. The Govemor-in-Council may require the clerk to 
 CDunty?°''™ "' appoint a deputy in each section of the county in which a 
 Court is held, for whose good conduct the clerk shall be 
 responsible; and the deputy shall receive from the clerk 
 such compensation for his services as may be agreed upon 
 between the clerk and his deputy, and the clerk shall 
 have power in case of absence from home, sickness, or being 
 otherwise unable to attend to his duties, to appoint a deputy 
 to act for him, for whose conduct he shall be responsible. 
 
 Clerk may ad. 9, Whenever by reason of unavoidable absence of the 
 SSd?""!^ ab° J"dge, a County Court cannot be held, the clerk or his 
 sence of Judge, deputy shall adjourn the Court to such day as he may 
 deem convenient ; and he shall enter in the minutes the 
 cause of such adjournment ; and whenever, by reason of 
 sickness, disability, absence by leave, or other cause, any 
 Judge of a County Court shall be unable to act, or shall 
 be disqualified from acting, such Judge may call in and 
 designate any other Judge of any other County Court in 
 this Province to act therein, and such Judge so called in 
 and designated as aforesaid shall have the same powers as 
 the regular Judge of such Court would otherwise have had. 
 
 Judge not to 10, No judge of any such Court shall practise, carry 
 practise P^'^s- on, or conduct any business in the profession or practice 
 
 of the law, while being such Judge, on pain of forfeiture 
 
 of his office. 
 
 Judge to be 11, Every Judge hereafter appointed shall take the 
 
 following oath, before some person appointed by the 
 Governor-in-CouTicil to administer the same, that is to say : 
 
 Form of oath, " I, A, B., do swear that I will truly and faithfully, 
 
 according to my skill and knowledge, execute the several 
 duties, powers and trusts of a Judge of the County Courts 
 in the Province of Nova Scotia." 
 
TITLE XXIII.J COUNTY COUETS AND PEOCEDTJEE THEREIN. 1147 
 
 12. The practice, forms and modes of procedure, when Chap. 105. 
 not herein provided for, shall be according to the practice practice ot su,. 
 of the Supreme Court of this Province from time to time,PJ^^3|,°°"'^ *^ 
 and the Judges of such County Courts shall be governed 
 
 by the decisions of the Supreme Court of Nova Scotia, and 
 the Supreme Court of Canada. 
 
 13. The Judge of each County Court shall be ex afficio^y-^e^ exmw- 
 
 • J.- J ii ■ 1 » ri I. . . 1 . •. , . Justices of the 
 
 a justice 01 the peace m and for the district in which he is Peace. 
 Judge, but shall not issue any civil process in his capacity 
 as such Justice. 
 
 14. Only attorneys of the Supreme Court ma}"- practise Attorneys of su- 
 in the County Courts as attorneys, but a party to a cause praSise. " 
 
 or application may prosecute or defend or appear in person, 
 subject to the same rules of law as are in force in the 
 Supreme Court. 
 
 15. The Governor-in-Council shall provide seals f or seais^^^provided 
 the various County Courts; and the Clerk of each County Couno"™™" "'^ 
 Court shall provide all necessary books for the records of 
 
 such Court, which shall be approved of by the Judge. The 
 seals now established for such Courts shall remain until 
 the same shall be altered under the authority of this 
 Chapter. 
 
 JUBISDICTION. 
 
 16. The Court shall not have cognizance of any action — Actions not 
 
 ° •' within the 
 
 (1.) Where the title to land is brought in question. i"'^ourt?" 
 (2.) In which the validitj' of any devise, bequest or 
 limitation is disputed, except as hereinafter provided. 
 (3.) For criminal conversation or seduction. 
 (4.) ■ For breach of promise of marriage. 
 
 17. Subiect to the exceptions in the last-preceding'"™?''^'"? °* 
 
 ,, ^-, ^ , 1 11 1 . . 1 . ^. ,. . ° Courts defined. 
 
 section, the County Court shall have original jurisdiction 
 and hold pleas in all actions ex contractu where the debt 
 or damage does not exceed four hundred dollars, and in 
 case of debt where it is not less than twenty dollars ; and 
 in all other actions where the damages claimed do not 
 exceed two hundred dollars ; and in all actions on bail 
 bonds to the Sheriff in any case in the County Courts, 
 whatever may be the penalty or amount, sought to be 
 recovered ; and in all actions against a Sheriff, or any officer 
 of the County Court for any nonfeasance or malfeasance in 
 connection with any matter transacted in the County 
 Courts ; but the jurisdiction hereby conferred is declared to 
 be concurrent with that of the Supreme Court, except as 
 to actions of debt or assumpsit in which the cause of 
 action is less than eighty dollars, which shall only be 
 brought to the Supreme Court by way of appeal from the 
 County Court. 
 
1148 ■ COUNTY COURTS AND PROCEDURE THEREIN. [PART III. 
 
 Chap. 105. 18. All appeals from the Justices, Stipendiary Magis- 
 Apppaiatocoun-trates, City and Municipal Courts, and from all decisions, 
 ty Courts. orders, and judgments of Justices, Stipendiary Magistrates, 
 and from orders of commissioners for giving relief to 
 debtors confined in jail under process issued from the 
 Justices, Stipendiary Magistrates, or the City or Municipal 
 Courts, or under process issued from the County Courts, 
 shall be to the County Court sitting in the county where 
 the cause appealed was originally tried or in which the 
 debtor was confined. 
 
 dietion'^of'"su- ^^- "^^^ Summary jurisdiction of the Supreme Court 
 preme Court is abolished except as to summary cases now pending 
 *°'^ ■ therein. Appeals from any order of filiation, judgment, or 
 order of justices of the peace in bastardy cases, and from 
 refusal to make such orders, and appeals from orders or 
 decisions relating to the removal of paupers, shall be to the 
 next sitting of the County Court to be held in the county 
 where such order was made ; and the Judge shall have 
 power to alter, amend, or set aside the order of filiation, or 
 where overseers of the poor are appellants, to make such 
 order of filiation as the circumstances of the case demand. 
 Appeal. ^jj appeal from the decision, order, or refusal to make an 
 
 order, of the said Judge in the cases mentioned in this 
 section may be taken to the Supreme Court, and nothing 
 in this Chapter contained shall be construed to prevent or 
 to have been intended to prevent any such appeal. 
 Executor, &e., 20. Any executor or administrator maj' sue and be 
 sued.^&c.™ ''sued in any of the County Courts in like manner as in the 
 Supreme Court, and judgment and execution shall be such 
 as in the like case would be given or issued in the Supreme 
 Court, and he may be sued for the amount or part of the 
 amount of a distributive share, duly ascertained by the 
 proper court, under an intestacy, or of any legacy under a 
 will, provided in all cases that the cause of action is within 
 the jurisdiction of the County Court as to amount. 
 Assessment of 21. Damages in case of default in actions of tort may 
 
 amages. ^^ assessed before the Court in term, or a Judge at 
 
 Chambers, due notice being given for the number of days 
 and in the manner required for notices of trial. But the 
 Judge may, if he sees fit, order a jury to be summoned to 
 assess such damages, or may direct a writ of inquiry to 
 issue, returnable before the Court or County Judge at 
 Chambers, or the Sheriff of the county, and the jury shall 
 be summoned and drawn in the like manner, consist of the 
 same number, and be subject to the same rules as nearly as 
 possible, as other juries in the County Court. 
 
 «?i*may ^e"' ^^' '^^'^^^ 0^ Certiorari shall issue from the County 
 Court of the county where the original cause originated 
 
TITLE XXIII.] COUNTY COURTS AND PROCEDURE THEREIN. 1149 
 
 or was tried, in the same manner as writs of certiorari Chap. 105. 
 from the Supreme Court. 
 
 23. No statement of defence, reply, or other pleading, Headings as to 
 whereby the title to any land, or to any rent, duty or other verified, 
 custom or thing relating to or issuing out of lands or Proceedings 
 tenements, is brought in question, shall be received by any *'^'^'"^™- 
 County Court, without an affidavit thereto annexed that 
 
 the same is not pleaded vexatiously, nor for delay, nor for 
 the mere purpose of excluding the Court from jurisdiction, 
 but that the same contains matter which the deponent 
 believes to be necessary for the party pleading to enable 
 him to go into the merits of the case, and is true. 
 
 (1.) If in the opinion of the Judge it shall appear that 
 the title to land comes bonajide in question, he shall then 
 direct all proceedings in said cause in the County Court to 
 be stayed, and shall certify to the Supreme Court all the 
 papers and pleadings filed in said cause, and that in his 
 opinion the question of title to land has bona fide come in 
 dispute, and thereupon the clerk shall transmit to the Pro- 
 thonotary of the county in which the lands lie, such papers, 
 pleadings, and certificate, and thereafter the Supreme 
 Court shall have power and jurisdiction to try the said 
 cause in the same manner and subject to the same rules as 
 if the said cause had been originally commenced in the 
 Supreme Court. 
 
 (2.) The cause mentioned in the next preceding sub- 
 section so transferred from the County Court to the 
 Supreme Court shall be considered to be in the Supreme 
 Court on and after the date of the Judge's certificate. The 
 costs which may have been incurred in the County Court 
 shall be costs in the cause. 
 
 24. The defence that the claim sued for is below or Defence as to ju- 
 above the jurisdiction of the Court shall only be taken ^f^Sd."™' 
 advantage of by being specially pleaded to the jurisdiction 
 
 in the statement of defence. 
 
 25. Such, defence need not be verified by affidavit, and Such defence 
 may be pleaded with other defences; and if no such verified"." 
 defence be pleaded, the Judge shall permit the plaintiff to 
 
 reduce his claim to an amount within the jurisdiction of 
 the Court, and the cause shall thereupon proceed ; and he 
 may give judgment for the amount proven, although it be 
 below twenty dollars. 
 
 26. When the judge is satisfied in appeals from the jus- J^iagmentinoer- 
 tices' and stipendiary magistrates' courts, that the title to 
 
 land is bona fide brought in question, and not set up merely 
 to defeat the action, he shall dismiss the action, and the 
 
1150 COTJNTt COUfiTS AlfD PEOOEDURfi TSERfilN. [^ARl!' titi 
 
 Chap. 105. defendant shall have execution for his costs accordingly, 
 otherwise the cause shall proceed as if no such defence was 
 set up. 
 Order for deiif- 27. In all cascs whefc the property or effects 
 property?'"^*™^ distrained or sought to be recovered, or the plaintiff's claim 
 or demand, does not exceed four hundred dollars, and in case 
 the title to land is not bona fide brought into question, an 
 order for replevin may issue from the County Court of any 
 county v?herein such property, goods or other effects have 
 been distrained, taken, or detained. 
 
 PEOCBDttBE OfiNERALLYi 
 
 Process, he* 28. A.11 process, mesne or final, issued out of any 
 
 County Court shall be sealed by the clerk of the County 
 Court where the same is issued, or his deputy, and shall be 
 directed, executed, and made returnable in the like manner 
 and time as if issued out of the Supreme Court ; but when 
 the Sheriff is a party to a cause all process shall be 
 executed by a coroner. 
 
 Clerk and deputy 29. The clerk of each Court) and his deputy, shall have 
 
 to have powers ■, .. « , -,. -i/^,,! 
 
 of Prothouotary. and excrcise, in reference to proceedings in such Court, the 
 same powers as the Prothonotary of the Supreme Court ; 
 and commissioners to take afSilavits in the Supreme Court 
 shall be commissioners for the like purpose in the County 
 Court. 
 Practice and pro- 30. Every Act of this Province and all Rules made 
 preme^ Court to uuder the authority thereof, relating to the depositions of 
 Court,*" '^"""'^ witnesses, to the proceedings in replevin, to evidence, to 
 the service of process, to garnishee proceedings, to practice 
 and procedure, and to any other matter or thing whatever 
 connected with the administration of justice, in the 
 Supreme Court, shall apply to this Court when noi 
 inconsistent with the provisions of this Chapter. 
 Garnishee pro- 31. When the judgment On which garnishee proceedings 
 
 county^court" are sought to be founded has been obtained in the County 
 Court, the County Court alone where the garnishee resides 
 shall have the garnishee jurisdiction conferred on the 
 Supreme Court from time to time. When the judgment 
 shall have been obtained in the Supreme Court, the Supreme 
 Court alone shall have jurisdiction. 
 •Ahsoonding 32. The County Court or any Judge thereof .shall have 
 
 Foreign Com- and excrcisc all the powers and authority conferred on the 
 panies. Supreme Court by Orders XLVI. and XLVII. of " The 
 
 Rules of the Supreme Court, 1884," as contained in Chapter 
 104, Revised Statutes, Fifth Series, in respect of " Suits 
 against Absent or Absconding Debtors," and "Suits against 
 Foreign Companies " in all causes of action cognisable by 
 the County Courtj where the affidavit shows a cause of 
 
TITLE XXIII.] COUNTY COUETS AND PROCEDURE THEREIN. 1151 
 
 action within the jurisdiction of the County Courts as to Chap. 105, 
 amount ; and the Sheriff and all other officers of the County 
 Courts shall be empowered and be liable to exercise and 
 perform all the duties and offices conferred and imposed 
 upon such officers in the Supreme Court by said Orders. 
 
 33. The County Courts may issue writs of execution wtfts from 
 and writs of aubpcena, and other writs, into any other nmy"iLS'rnto 
 county, to be served or executed therein, and all such writs °*''^' counties. 
 shall be of equal force as if the same had issued from the 
 
 Court of the county to or into which they may be issued. 
 
 34. The clerk of each Court shall file all writs andcierk to keep 
 papers, and shall keep a book in which he shall enter all sJ?^"™""'"''' 
 causes and all rules and orders made therein, and shall also 
 
 keep a judgment book in which every judgment rendered 
 
 in his Court shall be entered, a copy of which iudgment, certified copy, 
 
 duly certified by him, shall be evidence of the same in all 
 
 courts in the Province to the same extent as the copies of 
 
 the like entries in the Supreme Court are evidence. 
 
 35. The clerk of the County Court, or his deputy oierk to fur- 
 
 • .II- i-Mi 1 iiii? •! i_ nish certificate 
 
 appointed during his illness or absence, shall furnish whenoj judgment. 
 
 required so to do a certificate signed by him of such 
 
 judgment, containing the like particulars as are required in 
 
 certificates .of judgment given by Prothonotaries of the 
 
 Supreme Court, and such certificate, after registration in Certiflcate when 
 
 the office ot the Registrar of Deeds in any county or bind lands. 
 
 district, shall have the like force and effect 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 binding the lands of a person 
 
 against whom a judgment has been recovered in that Court. 
 
 The clerk of the Countj- Court, or his deputy appointed 
 
 during his illness or absence, may tax costs, and enter, sign 
 
 and date, in the Judgment 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 on default, in such County Court, where 
 
 particulars are annexed to the writ, which shall be as valid 
 
 as if signed by a Judge. Writs of execution shall be asExeoutisu same 
 
 near as may be in the same form, and shall have the like court. ^"™^ 
 
 force and effect, as those issued out of the Supreme Court ; 
 
 and when lands are levied upon they shall be advertised, 
 
 sold and conveyed by the Sheriff, in the same manner and 
 
 form as under executions issued out of the Supreme Court. 
 
 36. The clerk of the County, or his deputy, wherein District judg- 
 the Judge resides, shall keep a book, to be called the^e'k'ept"'""'' 
 " District Judgment Book," wherein shall be entered any 
 judgment given which appertains to the County Court of 
 
 any other county in the district, which shall be signed 
 
1152 COUNTY COURTS AND PKOCEDUEE THEREIN. [PAET III. 
 
 Chap. 105. by the Judge in the usual manner; and the clerk, or his 
 deput)', shall forthwith transmit to the clerk of the county 
 in which such judgment is required to be entered, a correct 
 transcript of the docket of judgment ; and the clerk to 
 whom the same may be transmitted shall copy such 
 judgment into the County Judgment Book, and file the 
 transcript with the papers in the cause, and the entry so 
 made from the transcript shall have the like effect as if the 
 same had been signed by a Judge in the Judgment Book 
 into which it shall be so copied. 
 
 Power to change 37. The Judge shall have power on cause shown, 
 
 paoeo na. accordiiig to the practice of the Supreme Court, to order 
 the place of trial to Le changed in any cause to the County 
 Court of any other district, 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 order for changing the place of 
 trial ; and such cause shall be dealt with in such Court as 
 if originally brought therein. 
 
 Appeiianttogive 38. The appellant shall, in all causes after the first 
 
 notice of tnal. • ,i ii ■ i. • i ■ , , 
 
 term, give the appellee notice oi trial, as in causes brought 
 in the County Court. Notice of trial shall be given in all 
 causes in the County Court ; and although the amount 
 sued for shall be under eighty dollars. 
 
 Notice of trial. 39. Noticcs of trial shall in all cases designate the 
 place within the county at which, and the time when, the 
 plaintiff intends to try his cause, and whether it is for the 
 trial of the cause or matter, or of issues therein ; but 
 a Judge, at Chambers or in Court, on application, shall 
 have power to remit a cause or issue to any other part of 
 the county where the Court is holden, upon the like 
 grounds, and in accordance with the same practice as 
 would apply to a change of the place of trial in the 
 Supreme Court. The costs of such application shall be in 
 the discretion of the Judge. * 
 
 Judge to hold 40. The Judge of each district, except when on circuit, 
 " '"^'' shall hold Chambers for the transaction of the Chamber 
 business of his district, or for the transaction of the business 
 of any other district, whenever by reason of sickness, 
 disability, absence, or other cause, the Judge of such other 
 district shall be unable to act. Such Chambers may be 
 held in the shire town, or in any other town or place 
 where a Court is held in the county wherein the Judge 
 resides, and except when engaged in holding Courts 
 elsewhere he shall set apart one day in each week on which 
 to hold the same, and the Chamber sittings may be 
 
TITLE XXIII.] COUNTY COURTS AND PROCEDURE THEREIN. 1153 
 
 continued from day to day, until the docket of causes for Chap. 105. 
 trial at such chambers or sittings is concluded, but no " ~ 
 Judge shall be obliged to hold such chambers during 
 the time when the Judges of the Supreme Court have 
 midsummer vacation. 
 
 41. All proceedings in lieu of demurrer, motions, and P™'™''^, mo- 
 
 . , "^ , " , . . ' , \ tione, &o., when 
 
 Special cases may be argued at sittings, term, or chambers, argued, 
 as the judge shall direct. 
 
 PEOCBEDINGS AGAINST TENANTS, &0. 
 
 42. The County Courts and all the Judges thereof J^^aiotion^^in 
 shall have and exercise all the powers conferred upon the entry, &a. 
 said Courts by the chapter of the Revised Statutes, fifth 
 
 series, " Of Forcible Entry and Detainer," notwithstanding 
 that the title to land is brought in question in any cause 
 or action instituted under the provisions of said chapter. 
 
 43. When any tenant shall, after the expiration or P™o««^.'"e8 in 
 other determination or his tenancy, refuse to deliver upholding. 
 possession of the premises to the landlord, or to the person 
 entitled to the immediate possession of the premises, such 
 landlord or person so entitled to the immediate possession, 
 
 or his agent or attorne}', may apply to the Judge of the 
 County Court in the district where the premises are situate, 
 and having made oath that such tenant has held and 
 occupied the premises designated in the affidavit for a 
 certain period then expired, and that due notice to quit, 
 when necessary, has been given, such Judge shall issue a 
 summons in the form in schedule A., giving at least 
 fourteen days' notice, to be served with a copy of the 
 affidavit on the tenant, or by leaving the same with some 
 adult person of the household living in his dwelling house, 
 to show cause why he holds over. If the tenant neglect 
 to attend, or attend and no sufficient cause be shown, and 
 on hearing the parties, the Judge may issue his warrant, 
 in the form in schedule B., to the sheriff, directing him to 
 deliver possession of the premises to the landlord or party 
 entitled to the immediate possession, to be executed by 
 him according to the terms of the warrant ; and the costs 
 of such proceeding shall be taxed and allowed, and payment 
 thereof may be enforced under the warrant. 
 
 44. The sheriff's fees for executing the warrant under shorifl;s tees for 
 the last preceding section shall be the same as for rant." '"^ 
 executing a writ of possession out of the Supreme Court, 
 
 and all such fees shall be included in and recoverable under 
 the warrant issued under the same section. 
 
 45. The jurisdiction of the City Court for the City of Jurisdiction ot 
 Halifax, in all cases of torts, and for forcible entry and court" '^'*^ 
 
 74 
 
1154 COUNTY COURTS AND PROCEDURE THEREIN. [pXe;T lit. 
 
 Ghap. 105. detainer is abolished, and the same is hereby vested in the 
 County Court for district number one. 
 
 CHAMBER TRIALS. 
 
 chambersittir.gs 46. The Judge of distfict number one shall designate- 
 for trials at Haii-g^ day in each month, in which he will hold chamber 
 sittings for the trial of appeal or summary causes (wher» 
 the amount claimed does not exceed forty dollars) which 
 the plaintiff shall desire to bring on to trial- before the then 
 next sittings or term of the County Court in Halifax. 
 The Judge may in his discretion from time to- time, alter 
 and change the day for holding such chamber sittings, and 
 such chamber sittings shall continue till all tbe cases on 
 the docket regularly entered for the fitrst day of such 
 chamber sittings shall have been called, and if I'eady for 
 trial, tried. The Judge may deliver juilgirrent on the trial, 
 or at a subsequent day, or at the next ensuirrg term, in his- 
 discretion. 
 
 chambersittings 47. In any &ther district feb-an district number one the 
 districts. '"""'^'^J'l'^g®' % con.sent of parties, may try any cause at chambers, 
 at such time and place within the county in which the 
 place of trial is stated to be as the parties or their attorneys 
 shall by memorandum in writing under their hands agree 
 to, and judgment in any cause so tried may be delivered on 
 the trial or at a subsequent day, or at the next ensuing 
 term in the county, as the Judge in his discretion shall see 
 fit. And from every such decision or judgment an appeal 
 may be taken to the like Court, and in the same manner, 
 and subject to the same provisions, as if the cause had been 
 tried at the regular term of the Court. 
 
 Costs o« the day 48. Anv plaintiff, defendant, or party having given 
 
 !ngtotriS°°'"^'i>otice of trial, who shall not proceed and try his cause, 
 
 pursuant to said notice, shall pay tbe opposite party the 
 
 costs of the day to be taxed, and execution shall issue 
 
 therefor. 
 
 wiiat notice oj 49. Ten davs' notice of the time and place of such 
 tnii neceisary. ^^j^^j ^^j^^^jj -^^ ^^jj ^g^^gg |^g given ; and in all causes for trial 
 
 at chambers in Halifax such cause shall be entered with 
 the clerk of the Court at Halifax, on or before the hour of 
 four o'clock in the afternoon of the day week previous t» 
 such trial, and no cause not so entered shall be then tried 
 unless on special cause shown the Judge shall deem it 
 advisable to dispense with such entry. 
 
 Penalties for 50. All persons required to attend and give evidence at 
 
 non-attendance li'i i i ■% * 
 
 of witnesses. such trial, or to produce papers, deeds, or other document* 
 
WTL^E XXIII.] COtTNTY COURTS AND PROCEDtTRE THEREIN. 1155 
 
 thereat, under any process, subpoena, rnle or order of the Ohap. lOo. 
 
 Court, and who shall not so attend and give evidence, or 
 
 shall not produce sii-ch papers, deeds or documents, shall be 
 
 subject to the same penalties as if the trial of such cause 
 
 had taken place in sittings, and the #udge shali have the 
 
 same contiol over the proceedings. 
 
 51. Th« vaca'fcion of the Supreme Court shall apply to supreme court 
 ■the County Cou-rt for district number one, and no trials to District mim- 
 or chamber sittings shall be held during said vacation, nor***'*^"^' 
 any business ti-ansacted, except such as relates to the liberty 
 ~of the sutyect 'or is eijc parte. 
 
 TRIALS, ItlO. 
 
 .52. In any cause tried elsewhere th^n in the Coftnty Provisions for 
 of Halifax either party shall be entitled to a trial by elsewhere Sin 
 jury on application to the Judge at chambers ten days '° '^'''*''' 
 previous to the opening of the Court for which the said 
 cause stands for triai, and upon such application being made 
 the Judge shall make an order to the derk requiring hi in 
 to summon a jury for the trial of such cause. 
 
 53. The clerk of the Court in every county, excepting Jury, iiowdrawn 
 the County of Halifax, shall, on or before the first day of J^Tillax. *"'" 
 March in every year, by himself or his deputy, cause as 
 
 •many lists to be made as there are places within such 
 •county where trials in the County Court are ordinarily 
 ■held, said lists to contain the name and addition of all 
 persons residing within such polling district in which the 
 'Court is held, qualified to serve as jurors in the Supreme 
 Court, and the name of every person whose name appears 
 •upon such list shall be written upon a separate piece of 
 Fpaper and folded up so that the sam« cannot be read, and 
 shall be placed in a box to be provided as a jury box for s^uch 
 .placa On being thereto ordered by the Judge, the clerk 
 shall, in the presence of iiS'*- justices to be appointed beforer 
 hand for that purpose by the Municipal Council at the 
 .general -meeting, after well mingling the name's in such box, 
 <lraw therefrom without reading the same or any of them, 
 ■the names of seven persons, who shall be summoned by the 
 Sheriff to attend at such place, and shall be the jury for the 
 trial of the said cause in which such order has passed. 
 
 54. Sections 55 and 56 of this Chapter in so far as the Certain section 
 same are in conflict with the provisions of the two preceding '"°'*'^- 
 sections shall not apply to causes tried in counties other 
 
 •than Halifax. 
 
11.56 COtJNTY COURTS AND PROCEmjRE THEREIN. [PART III, 
 
 Chap. 10.5. .5.5. In case a jury i.s ordered, the sheriff or his deputy 
 Prooeodings if shall summon ten men qualified and eligible to serve as 
 i^HaUfftx'"* petit jurors, being within five miles from the court house 
 where the same is to be tried, to attend at some day during 
 the term or sittings to be named by the Judge, and the jury 
 shall be empanelled to try such fact or facts, and the Judge 
 shall, in such case, postpone the further trial of said cause 
 to such da}'. But nothing in this section shall operate to 
 prevent any such cause being made a remanet, as other 
 causes are. 
 
 Pi'jo j"!''"'^ f." 56. Five jurors shall be empanelled and sworn for the 
 
 (ax. trial of such facts, four or whom in case they cannot agree 
 
 after two hours' absence, may render a verdict. Two 
 
 challenges shall be allowed to the plaintiff and defendant 
 
 each. 
 
 Jurors subject to '57. The jurors so returned or summoned shall be subject 
 penalties. j.q ^|^g like pains and penalties that may be inflicted by a 
 
 Judge of the Supreme Court. 
 Judge's powere 58. Every Judge of the County Courts shall have 
 ing^3''oMuiy,^&c. P^^^"^ °° application to set aside the finding of the 
 jury on any fact or facts submitted to them when 
 dissatisfied with such finding, and to order the fact or facts 
 to be again tried by a jury, and to set aside all orders 
 made by him at the trial, dismissing the cause, and to 
 order judgment to be entered for either party or for arresting 
 judgment, and to review and set aside his judgments an'd 
 for new trials in all matters in like manner and on like 
 grounds as the Judges of the Supreme Court or the Supreme 
 Court. Such applications shall be by notice of motion, and 
 no rule nisi or other proceeding than notice of motion shall 
 be made or taken. The notice shall state the grounds of 
 the application, and whether the whole or part only of the 
 above subject-matters are complained of. The notice of 
 the motion shall be served within ten days after the 
 occurring of the matters complained of, but the Judge 
 either before or after the expiration of that period may 
 enlarge the time for giving notice. The notice may be 
 amended at any time by the Judge on such terms as he shall 
 think just. Such notice may be made returnable either at 
 chambers or to the Court at its sittings as the Judge shall 
 direct. 
 
 The Judge may 59- The Judge shall have power to order any cause 
 orfer re-trial by (^ried before him to be re-tried by a jury at any time 
 previous to his having delivered judgment therein. 
 
 Judge's powers 60. The County Court and every Judge thereof shall 
 
 \ku^ ^^' ^^ ^11 times have the same power of amending all defects 
 
 and errors in civil causes within their jurisdiction as is 
 
TITLE XXIII.J COUNTY COURTS AND PROCEDUBE THEREIN. 1157 
 
 now or from time to time may be by law vested in the Chap. 10-5. 
 Supreme Court and Judges. ~~" 
 
 61. The County Courts shall have and exercise the Kuies ana orders 
 
 , c ii ■ 1 11 ii may be enforced 
 
 same power to enrorce their rules and orders as the 
 Supreme Court possesses. 
 
 CONTEMPT, &C. 
 
 62. If any person shall be guilty of any wilful con- contempt of 
 
 CoQrt how Diin- 
 
 tempt or resistance of the process, rules or orders of the ished.' 
 County Court, or of any Judge thereof, or shall insult the 
 Judge or any juror or witness, or any officer of the Court 
 during his sitting or attendance in Court, or at the cham- 
 bers, or be otherwise guilty of a contempt of court, or inter- 
 rupt the proceedings or business of the Court either at 
 sittings or at chambers, the sheriff, or any constable or 
 other officer of the Court, shall by order of the Judge, take 
 the offender into custody ; and the Judge may impose on 
 such offender a fine not exceeding fifty dollars for each 
 offence, and in default of immediate payment thereof, the 
 Judge may, by warrant under his hand and the seal of the 
 Court, commit the offender to the county gaol of the county, 
 for any period not exceeding one month for each fine 
 imposed, unless such fine and costs, with the expenses 
 attending such commitment, be sooner paid ; or the said 
 Judge may punish such offender by imprisonment without 
 fine for a period not exceeding two months, or by fine or 
 imprisonment in his option, and the warrant shall be in the 
 form in the appendix hereto, or in any other form the Judge 
 may direct ; or the Judge may, where the exigency of the 
 case requires it, order the party offending to be committed 
 in the first instance without warrant, and direct the war- 
 rant to be subsequently handed to the sheriff or jailor. 
 
 TBACTICE, &0. 
 
 63. The practice, procedure and process of the Supreme Practice oi su- 
 Court fot the time being, when not inconsistent with this^oawe.™ "'' 
 Chapter, or any amendment thereof, as far as applicable to 
 
 matters cognizable by the County Court, shall be the prac- 
 tice, procedure and process of the County Court. 
 
 64. In all statutes which are hereby made applicable Definition! of 
 to the County Courts or any matter relating thereto, the *'™""'*''*"*''- 
 words, "Supreme Court" shall refer to, and include the 
 
 County Courts of the Province; the word ^' Judge" shall 
 refer to and include the respective Judges of the County 
 Courts, in their respective districts; the word "verdict" 
 shall include the judgment of the Judge trying the cause, 
 when the cause is tried without a jury ; the word "jury" 
 
1158 COUNTY COCJETS AND PEOCEDtTRE THEREIN. [PAET IH'. 
 
 Chap. 105. in said statutes, when not inconsistent, shall mean and 
 refer to a Judge of the county Court, when the case is tried 
 without a jur3' ; and the word " Prothonotary " in said 
 statutes, shall refer to and include the clerks or deputy 
 clerks of County Courts, as the case may be. 
 Process and 65. The process and forms of the Supreme Court from, 
 
 y^e clurtVtime to time shall be the process and forms of the County 
 piirabie. Court,, the words " County Court for the district," and th& 
 
 word "clerk," or "deputy clerk," as the case may be, being- 
 substituted for the words "Supreme Court"' and" Prothono-. 
 tary," in said process and forms. 
 
 CASES STATED. 
 
 Cases may be 66. When the facts of a case now cognizable in the 
 Btated and ar- (^ig^j^j^y Courts are Bot in issue, but questions of law are 
 raised, it .shall be competent for the parties, their counsel 
 and attorneys, to submit to the Judge a case, setting out 
 the facts as agreed upon, and containing the propositions of 
 law on which they severally rely, and such case shall b& 
 argued before the Judge, either at Chambers or in term, as. 
 he shall direct, or a written argument may by the con- 
 sent of ttie attorney and counsel of the respective parties, 
 be presented to him, and the decision of the Judge on such, 
 case shall be as binding and have the same effect as a 
 judgment after trial ; and judgment with costs to the 
 successful party, unless the Judge shall otherwise order, 
 may be entered up on decision ; and either party may appeal 
 to the Supreme Court from such decision in the .sam& 
 manner as in ordinary suits. 
 
 CHAMBERS RULES. 
 
 .iMdges may 67. The Judges of the respective Countj' Courts may, 
 
 jrame Chamber gg^g^j f^^ himself, frame such orders and regulations for 
 regulating the order and practice before him at Chambers 
 as may be most convenient ; and may direct the clerks and 
 deputy clerks of their respective Courts how and in what 
 manner the several Chamber dockets and dockets for trials 
 shall be made up. 
 
 ENTRIES or CAUSES. 
 
 Causes for trial 68. All causcs for trial .shall be given in to the clerk 
 shentobegivenQi- deputy clerk, as the case may be, on or before the 
 Tuesday preceding the first day of the sitting or term ;. 
 and no cause not so given in shall be entered on the docket 
 without the order of the Judge first had therein, and no 
 cause not at issue before the said Tuesday shall be entered 
 on the docket without the leave of the Judge ; but said 
 
TITLE XXIII.] COUNTY COURTS AND PROCEDURE THEREIN. 1159 
 
 Judge may, in his discretion, on special cause shown by Chap. 105. 
 
 affidavit, direct such ca«se to be placed at the foot of the 
 
 docket, and notice of such entry shall be given to the 
 
 attorney of the defendant or appellee, who may on affidavit 
 
 and for special cause oppose the trial of the «ause at that 
 
 term or sitting. Appeal causes may be entered at any 
 
 time before the Court opens without leave of the Judge. 
 
 GENERAL RULES. 
 
 69. The Judges of the County Courts? or any four of J"'>g^ ""*y , 
 
 11 ,. ^ . "^ , '. .11 frame general 
 
 tnem, may frame rules or orders not inconsistent with the rules, 
 provisions of this Chapter for regulating the general 
 practice of the courts and the forms of procedure, and all 
 rules and orders requisite for the better carrj-ing out the 
 objects of this Chapter, and improving the practice thereof; 
 and may from time to time alter and amend such rules, 
 orders and forms; and the same certified under the hands 
 of such Judges shall be inserted in three issues of the 
 Royal Gazette, and shall, from a day to be named by said 
 Judges, be in force in every County Court; providing that 
 any Judge dissenting from said rules and orders may 
 submit the same to the Judges of the Supreme Court, 
 together with his or their reasons for dissenting therefrom ; 
 and such Judges of the Supreme Court, or a majority of 
 them, may allovir, alter, or disallow any or all of the said 
 forms, rules and orders ; and the same, so allowed or 
 altered, shall be inserted in three issues of the Royal 
 Gazette, and shall, from a day to be named by the Judges 
 of the Supreme Court, or a majority of them, be in force in 
 every County Court of the Province; but no such rules or 
 amendments thereof shall have any force or effect until 
 ihey shall be approved by the Governor-in-Council, of 
 which approval the publication in the Ruyai Gazette shall 
 be j^rima /ae?'e evidence. 
 
 CEETAIIf CHAPTERS TO APPLY, 
 
 70. The following Chapters of the Revised Statutes, certain chapters 
 fifth series, namely, " Of Witnesses and Evidence," " Of the pUoai)!™^ ^ °* 
 Relief of indigent Debtors Confined in Jail," " Of Suits 
 
 against Executors, Administrators and Trustees," " Of the 
 Limitation of Actions," " Of the Sale of Lands under Execu- 
 tion," " Of Forcible Entry and Detainer," " Of Arbitration," 
 and all Acts made and hereafter to be made in amendment 
 thereof, as far as the same are applicable to matters within 
 the jurisdiction of the County Court, and all Acts made or 
 heieafter to be made in amendment thereof, and all other 
 Acts, or parts of Acts, now in force, and hereafter to be in 
 force in this Province, connected with the administration 
 
1160 COUNTY COURTS AND PROCEDURE THEREIN. [PART III. 
 
 Chap. 10.5. of justice in the Supreme Court, and relating to matters 
 within the jurisdiction of the County Courts, shall apply 
 to the County Court, and the several County Courts; and 
 the respective Judges thereof shall have and exercise all 
 the powers and authority by the said Acts vested, or to be 
 vested, in the Supreme Court, or the Judges thereof. 
 
 APPEALS TO COUNTY COURTS, AND SUMMARY SUITS. 
 
 Appeals to coun- 71. All appeal causes shall be entered by the appellant 
 entered. ' "'^ on the docket of causes for trial at the ensuing term after 
 the same shall have been appealed, provided the appeal has 
 been perfected one week before the commencement of said 
 Court ; and if the causes when called are not tried, the 
 appellee shall be at liberty to move the Court on the last 
 day of said term, or at any previous time to be named by 
 the Judge, that the judgment below be affirmed with costs, 
 which order the Judge shall make unless the appellant 
 shall make application for a continuance supported by 
 satisfactory affidavits accounting for his not having tried 
 the same when called as aforesaid, and disclosing a good 
 cause of action or defence upon the merits. 
 
 If not entered, i ,i i i i i • 
 
 original judg- 72. In case the appellant shall neglect to enter his 
 
 men rme . ^g^^gg^ ^j^g original judgment shall on the last day of the 
 
 term, or at any other time named by the Judge, be affirmed 
 
 at the instance of the opposite party, with costs, unless 
 
 the Judge shall, on good cause shown by affidavit for the 
 
 non-entry, and disclosing a good defence or cause of action 
 
 on the merits, otherwise order. 
 
 Respondent's 73. In appeal causes the respondent may take out 
 
 remedy. execution against the appellant, or have recourse to the 
 
 appeal boud. 
 Trial de nouo. 74. All causes brought up by appeal and contested 
 
 shall be tried anew. 
 Motion to grant 75. All motious to Set asido or quash the appeal for 
 maS' * ™ irregularity appearing in the papers sent up, shall be made 
 the first day of the term or chamber sittings, or at such 
 other time as the Judge shall order, and shall be heard and 
 determined before the cause is tried ; and no appeal shall 
 be quashed by reason of the appeal bond being for a larger 
 sum than may be by law required ; provided that the Judge 
 shall have power, upon being satisfied by affidavit that 
 any defect in the papers or appeal occurred through mere 
 inadvertence and without fault of the appellant, and 
 without any intention to evade the requirements of the 
 statute, to allow the appellant to amend and perfect his 
 appeal, on such terms as to costs ai)d time of trial as to 
 him shall seem just. 
 
TITLE XXIII.] COUNTY COURTS AND PROCEDURE THEREIN. 1161 
 
 76. The justice shall send to the County Court all the Chap. 105. 
 papers in the cause appealed, together with the appeal bond, ^^^^ to trans- 
 and a transcript of his judgment, and the costs below to™' »pp«^ p»- 
 which each party would have been respectively entitled in 
 
 the event of his having succeeded below, so far as the 
 same can be ascertained. 
 
 77. The papers in all cases and convictions appealed ^*p™' '''^™ ^ 
 to the County Court, shall be sent by the justice or justices 
 
 before whom the same was tried to the clerk of the County 
 Court not later than one week after the appeal shall have 
 been perfected ; but the Judge may extend the time on 
 cause shown. 
 
 78. An order may be moved for and granted on any Motion tor re- 
 Chamber day or in term after the expiry of the time papers! *^^' 
 mentioned in the last preceding section, directing the 
 
 justice or justices to return to the County Court forthwith 
 the appeal papers, or show cause why he has, or they have, 
 neglected so to do, and the costs of the application shall be 
 paid by the justice or justices, unless the Judge shall 
 otherwise order, and execution shall issue for the same 
 when taxed, to be levied on the personal property of the 
 justice or justices. 
 
 79. The justice or justices shall be entitled to recover costs may be re- 
 their costs against the party applying for the order herein- tice in certain 
 before mentioned, provided he or they make it appear to''^^^^" 
 
 the Judge granting such order that the papers were not 
 sent up or not received within the period specified, through 
 no default of his or theirs, and execution may issue for 
 such costs when taxed. 
 
 80. In appeal causes, where the judgment below is ca°uses'reg^rt'ed 
 affirmed, the final judgment shall include the debt and 
 
 costs below, with the further costs of the County Court, 
 and execution shall issue for such debt and costs, or for 
 costs only, as the case may require. When the original 
 judgment is reversed, increased, or diminished, the final 
 judgment shall include the costs below, together with the 
 amount for which judgment shall be given in the County 
 Court, with the further costs, and execution shall issue for 
 the same or for costs only, as the case may require ; and 
 when the original judgment shall have been reversed, 
 increased, or diminished after the same shall have been 
 enforced, the final judgment shall include the amount 
 levied under the original judgment, together with the 
 costs of such reversal. 
 
 81. All actions for the recovery of debts under eighty summary causes 
 dollars, shall be marked summary, as heretofore, anded.^ esomar - 
 the claim shall be for a sum under eighty dollars. All 
 distinctions between summary and sub-summary causes are 
 
 hereby abolished. 
 
1162 COUNTY COURTS AND PROCEDURE THEREIN. [PART III. 
 
 Chap. lOo. ^^^^^^ j.^^ 
 
 Costs to be as in 82. The costs and fees for services performed in suits 
 appendix. j^^, debts uuder eighty dollars, shall be as in the appendix 
 
 hereto. 
 Execution to is- 83. In all cases where costs in any County Court are 
 sue or cos s. o,.(jg,.gj jjy jjjg Judge to be paid on any hearing or proceeding 
 had before him at chambers, it shall be lawful for such 
 Judge upon application therefor by the party entitled 
 thereto, to grant a rule for a writ of execution, to issue out 
 of any Court within his district, for the recovery thereof, 
 which shall be executed -by the Sheriff of any county in this 
 Province, and such application shall not be necessary when 
 any rule or order of the Court or the Judge is made with 
 costs. 
 Sheriff's fees 84. The Sheriff shall be allowed for all services 
 
 ^me'court. "performed nnder this Chapter the same fees as are now 
 provided for the like services in the Supreme Court, except 
 when other fees are herein provided for. 
 Costs taxed by 8-5. The costs of all conte.sted suits shall be taxed by 
 ''"'«•'■ ■ the Judge. 
 
 Fees of clerk 86. The clerk's and deputy clerk's fees for all services 
 regTiae . performed under this Chapter shall be for declaration suits 
 the same as for like services in the Supreme Court, and for 
 all summary causes the fees mentioned in the appendi.x 
 hereto. 
 Chamber fees for 87. The fees of the clsrk and deputy clerk for 
 regua e . g^^j^j^i^er entries, and for entries on the docket, and all other 
 entries, shall be in all causes the sum mentioned in the 
 appendix hereto ; and the clerk or deputy clerk, as the 
 case may be, shall enter the items in the costs presented to 
 Jurors' fees. j^\yQ Judge to be taxed. Where a jury is ordered each jury- 
 man shall be entitled to receive a dollar for each day he 
 shall attend, such sum to be paid by the County Treasurer 
 out of any county funds in his custody or under his control, 
 on the order of the Judge. 
 
 Supreme Court" ^^- ^he table of fces shall be the same as those in the 
 Supreme Court for the like services, with the exception of 
 cases in which a different scale of costs is authorized by 
 this Chapter. 
 
 OEDEE. FOR ARREST (CAPIAS.) 
 
 Arrest of defend- 89. The Couutv Court or any Judge thereof .shall have 
 
 ant before final ■■ . n ii," j ^u -.. r j i.1 
 
 judgment. and exerciseall the powers and authority conteired on the 
 Supreme Court by Order XLIV. of " The Rules of the 
 Supreme Court, 1884." as contained in Chapter 104 of the 
 Revised Statutes, fifth series, in respect of the arrest of 
 the defendant in a suit before final judgment, in all 
 
TITLE XXIII.] COUNTY COURTS AND PROCEDURE THEREIN. 1168 
 
 causes of actions cognizable by the County Court wberoCHAP. 105. 
 
 the afBdavit shows a cause of action within the juris- 
 
 diction of the County Coui't as to amount; and the 
 
 Sheriff and all other officers of the County Court shall be 
 
 onnpowered and be liable to exercise and perform all the 
 
 duties and offices conferred and imposed upon such officers 
 
 in the Supreme Court by the said Order. 
 
 90. All further proceedings where a party has been Render of de. 
 arrested under process issued out of a County Court,™™' 
 including rendering defendants in discharge of bail, shall be 
 according to the practice of the Supreme Court ; and the 
 
 Sheriff shall be charged with the custody of such defendants, 
 in the same manner as he is charged according to the 
 
 CO 
 
 practice of the Supreme Court in relation to process 
 thereon. 
 
 APPEALS FROM COUNTY COURTS, 
 
 91. An appeal from every judgment, rule, order, or Appeals, how re- 
 decision of a Judge of the County Court, made during the^""'^ " 
 trial of a cause, in Court or at Chambers, except orders 
 
 made in the exercise of such discretion as by law belongs 
 to him, and also from his charge to the jury, and their 
 verdict or findings, shall be to the Supreme Court sitting 
 in banco. The appeal shall be by notice of motion, drawn 
 up by the appellant, which shall state in specific terms the 
 matters appealed from, and whether the"whole or part only 
 of such matter is complained of, and in the latter case shall 
 specify such part. The motion for appeal shall be ex parte, 
 and the notice shall be signed by the Judge. The motion 
 for appeal shall be made within ten days from the time 
 when the judgment, rule, order, decision or matter appealed 
 from was pronounced or made, or when the appellant or 
 his solicitor first had notice thereof; but the Judge may 
 enlarge and extend the time for making such motion, either 
 before or after the expiration thereof. The notice of 
 appeal shall be served on the appellee and all parties 
 directly affected by the appeal within forty-eight hours 
 a,fter the same shall have been signed by the Judge, or 
 such extended time as he in his discretion shall allow. 
 
 92. After the Judge has signed the notice of appeal, 
 he shall certify under his hand the pleadings in the cause, 
 and all motions, or rules, or orders made, granted, or 
 refused therein, and his ruling with regard to the 
 acceptance or rejection of evidence tendered, and his charge, 
 together with the evidence. The papers shall be prepared 
 by the clerk of the Court under the direction of the 
 
1164 COUNTY COURTS AND PROCEDURE THEREIN. [PART III. 
 
 Chap. 105, Judge, and shall be printed by the appellant or party who 
 has the carriage of the proceedings. Affidavits shall be 
 printed by the party desiring to use them. 
 
 Appellant's duty 93. It shall be the duty of the appellant to see that 
 as to papers, g^jj (.jjg papers and documents under his control necessary 
 to the hearing of the appeal be filed in the County Court, 
 in the county where the cause was tried, or the rule, order, 
 or decision given, and the clerk shall immediately cause 
 them to be filed in the Supreme Court at Halifax. The 
 Supreme Court may amend the order for appeal, or 
 certificate of appeal, in any particulars which the justice of 
 the case may require, or may return the appeal papers to 
 the Judge from whom such appeal is made for amendment, 
 and such Judge shall have power in such case to make any 
 such amendment and to re-transmit the papers to the 
 Supreme Court. 
 
 Appeal when 94. No appeal shall operate as a stay of proceedings 
 
 ings.° ^"""^ 'except under the provisions of Rule 8, Order XXXVII., of 
 " The Rules of the Supreme Court, 1884." 
 
 Extent of appeal. 95. The appeal hereinbefore provided for shall extend 
 to all causes which have been brought to the County Court 
 by way of appeal, or by certiorari, provided the amount 
 actually in dispute be above forty dollars, and also to orders 
 for removal of paupers brought into the County Court by 
 appeal. 
 
 Appeal may be 96. The Judge may grant an appeal on such terms as 
 terms. to Security or otherwise, as he shall see fit upon any matter 
 
 tried or argued before him, although the amount in dispute 
 may be less than fort}- dollars ; and in such case the 
 matter shall be distinctly stated by him for the opinion of 
 the Court of Appeal ; and the appeal shall be conducted on 
 the same principles as herein contained. 
 
 sherifi's fees in 97. "When writs are issued in the county in which the 
 am cases, gj^gj.j^ resides, he .shall only be paid travelling fees on 
 service of writs from the place of their issue. 
 
 Deputy, same 98. Any act Or thing which the clerk of the County 
 
 Court is empowered to do, may be done by his deputy. 
 
 Chapter, how 99. This Chapter may be known and cited as the 
 
 " County Court Consolidation Act." 
 
title xxiii.] county courts and pkoceduee therein. 1165 
 
 Chap. 105. 
 
 APPENDIX. 
 
 SCHEDULE A. 
 
 A. B., of , having made the affidavit required by 
 
 law, I therefore require you to appear before me on the 
 
 day of . next (or instant), at , to show 
 
 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 , A. D. 18~. 
 
 E. F., J. C. C. 
 
 SCHEDULE B. 
 
 To the Sheriff of : 
 
 Whereas A, B. claims the premises situate (here describe 
 the premises) now in the possession of G. 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 to levy off the goods and chattels of the said 0. D. the 
 
 sum of for his costs, besides your fees, and for want 
 
 of goods and chattels to take the said Q. D. and deliver 
 him to the keeper of the gaol of said County, who will 
 
 safely keep him for days, unless said costs and fees 
 
 be sooner paid ; and make return hereof and what you 
 have done within days from this date. 
 
 Dated this day of , A. D. 18—. 
 
 E. F., J. C. C. 
 
 SCHEDULE C. 
 
 WAEBANT OP COMMITMENT FOB CONTEMPT. 
 
 In the County Court for the County of 
 
 To , Sheriff of the Court, and to all constables 
 
 and peace officers of the County of , and to the 
 
 gaoler of the common gaol of the said County of : 
 
 Whereas at the term (Chamber sittings for trial, or 
 Chambers, as the case may he) of this Court, holden at 
 
 on the day of , IS—, it was adjudged 
 
 that E. F. did then and there wilfully insult me, A. B,, 
 
1166 COUNTY COURTS AND PROCEDURE THEREIN. [PART IIL 
 
 Chap. 105. Judge of said Court, or did in view of me, the said Judge^ 
 
 ' wilfully insult G. D., clerk {or deputy clerk) of said Court, 
 
 during his attendance on said Court, {or did unlawfully 
 
 interrupt the proceedings of the said Court) and it was 
 
 ordered that the said JS. F. should forthwith pay a fine 
 
 of for such offence, and in default of payment be 
 
 committed to the common gaol of the CoUnty of , 
 
 for days ; and whereas the said E. F. did not pay the 
 
 said fine, in obedience to the said order, these are therefore 
 to require you, the said sheriff and others, to take the said 
 E. F., if he shall be found within the county, and deliver 
 him to the gaoler of the common gaol of the county, and 
 you the said gaoler are hereby required to receive the said 
 E. F., and him safely keep in the said common gaol 
 
 aforesaid for the term of days from the arrest under 
 
 this warrant, unless the said fine and costs, the costs 
 
 amounting to -^, and also the expenses attending the 
 
 commitment, amounting together to -, be sooner paid. 
 
 Given under my hand and the seal of the Court, this 
 ■ day of — , 18 — . 
 
 Sealed with the Seal of the Court. 
 
 (Sgd.) 
 
 A. B., Judge. 
 
 (Clerk or Deputy Clerk.) 
 
 C O S T Si 
 
 In action ex contractu when the amount claimed is 
 under eighty dollars, and appeal cases : — 
 Clerk or Deputy Clerk's fees, for filing copy, and 
 
 sealing writs of summons » $ 50 
 
 Sealing order for arrest, taking affidavits, adminis- 
 tering oath 1 00 
 
 For any alias writ, and order for arrest 50 
 
 Sealing every subpoena, including filing praecipe.. 20 
 
 Signing and sealing any dockets 10 
 
 Entering judgment 50 
 
 Sealing, and filing when returned any execution, 
 
 and filing praecipe 25 
 
 Copj' of docket and certificate of judgment 30 
 
 Entry on the Court docket 10 
 
 Entry of any cause on Chamber docket when made. 10 
 Receiving, entering^ filing and auditing every appeal 
 
 suit 25 
 
 Commissioners, appraisers, sherifis, witness, crier, 
 constable, coroner, fees same as in the Supreme Court. 
 
title xxiii.] juries. 1167 
 
 , Chap. 106. 
 
 SOLICITOK S FEESi —.^ " 
 
 In all causes ex contracts where the amount claimed is 
 under eighty dollars, and appeal causes. 
 
 Writ of summons and copy and statement of claim $3 00 
 
 For affidavit and order to arrest 75 
 
 Any alias writ of summons, and order to arrest 40 
 
 Entering appearance and tiling and serving defence 75 
 
 On final judgment 2 50 
 
 Every subpoena 30 
 
 Every copy , 40 
 
 Praecipe for ditto, not to exceed one 20 
 
 Execution , 80 
 
 Brief and copy not less than $1.00 nor more than $3.00 in 
 
 discretion of Judge or clerk. 
 Counsel fee when cause tried not to exceed $7.50, to be 
 
 taxed by and in the discretion of the Judge or clerk. 
 
 The Judges of the County Courts shall, unless otherwise 
 provided for, in summary and appeal causes, tax all costs 
 for necessary work done in such causes as allowed in 
 declaration causes. 
 
 In all other causes in the County Court the brief and 
 counsel fee shall be regulated in the same way as in causes 
 in the Supreme Court. 
 
 CHAPTER 106. 
 
 OF JURIES. 
 
 1. Every person not hereinafter exempted or who may QuaiWoation pf 
 not otherwise by law be exempted, who shall have resided |[''aiiflx^c'ouDty! 
 twelve months within the County of Halifax, and shall be 
 possessed of personal estate of the value of four thousand 
 
 dollars, or shall be the owner or occupier of real estate, if 
 within the city of HalifaXj of the value of three thousand 
 dollars, if in tlie County of Halifax, but without the limits 
 of said city, of the value of two thousand dollars, shall be 
 qualified to serve as a grand juror for the said County of 
 Halifax. 
 
 2. Except as to the County of Halifax, every person Quauflcation o< 
 not exempted from serving on juries who shall have resided other countual" 
 for twelve months within any county, and shall hold a 
 freehold estate of the value of five hundred dollars, or shall 
 
 be assessed for county rates in respect of real or personal 
 property or bothj of the value of six hundred dollars of 
 
1168 JURIES. [part III. 
 
 Chap. 106. upwards, in the county, shall be qualified to serve as a 
 *" grand juror for such county. 
 
 Disquaiifloationa 3. No person shall be placed on the list of grand 
 jurors who shall have been convicted of crime, or whose 
 character is notoriously bad, or who shall keep a disrepu- 
 table house. 
 
 Quaiiflcation of 4. All persons not hereinafter exempted, or who may 
 pe 1 urors. ^^^ otherwise by law be exempted, whether liable to serve 
 as grand jurors or not, who shall have resided twelve 
 months within the county, and shall, 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, provided that no 
 person residing more than fifteen miles from the city of 
 Halifax shall be placed on any jury list for the County of 
 Halifax. 
 
 PMoons exempt- 5. The members of the Executive and Legislative 
 
 ed from serving ^^ .. -_,._-. -^ ,, ii/^» 
 
 on Juries, Councils and oi the Mouse oi Assembly, and the omcers 
 
 thereof while in session, the clerks employed in the ofiices 
 of the Provincial Secretary, Attorney-General and Com- 
 missioner of Public Works and Mines, the Superintendent 
 of Education and the clerk in his office, resident officers 
 and employes of the Nova Scotia Hospital for the Insane, 
 while actually engaged as such. Registrars of Deeds, officers 
 of Her Majesty's courts, justices of the peace, the mayor 
 and aldermen of the city of Halifax, the wardens or mayor 
 and town councillors of every incorporated town, the 
 officers composing the staff of the army, the clerks 
 belonging to the several departments of the army, the 
 officers and clerks belonging to and laborers employed in 
 the naval yard, naval hospital establishment, the victualling 
 establishment, and Her Majesty's ordnance, or the depart- 
 ments of the customs, and excise, and post office, and 
 provincial railroad, ministers, attorneys, physicians, 
 surgeons, keepers of light-houses, licensed ferrymen, 
 teachers of academies, licensed shoolmasters, mail couriers, 
 engine men and firemen, sworn electric telegraph operators, 
 persons under twenty-one and above sixty years of age, 
 and the cashiers or accountants and tellers actually 
 employed in the several banks, shall be exempted from 
 serving on juries ; and no person shall be liable to serve on 
 grand or petit juries more than once in three years 
 respectively, unless in cases where a new summons shall 
 be issued for jurors to supply the place of jurors not 
 attending as hereinafter directed. 
 
TITLE XXiri,] JURIES. 1169 
 
 6. Every orranrl juror shall be entitled to receive the Chap. 106. 
 sum of one dollar for each day of his attendance at thepees of grand 
 Supreme Court, and travelling fees at the rate of ten cents J"™''- 
 
 for each mile of distance from the residence of such juror 
 to the place where the said court is held. 
 
 7. At the close of the court each grand juror shall How and by 
 state under oath to the prothonotary the amount due him" ompai . 
 for fees under this Chapter, and thereupon the prothono- 
 tary shall draw an order on the municipal treasurer in favor 
 
 of such juror for such fees, and the municipal treasurer shall 
 on presentment of such order pay the amount named 
 therein to the juror or his order. 
 
 8. The amount of such fees shall be a municipal charge. Grand jurors' 
 to be added to the general assessment of the municipality, dpafoharge!™' 
 
 9. The council shall once in every alternate year from committee to re- 
 among their number appoint a committee of not less than™^''™^ '^ ^' 
 three members, .resident in different sections of the 
 municipality, for the purpose of preparing and revising the 
 
 grand and petit jury lists of the municipality, and shall 
 from time to time appoint others to act in the room of 
 such as may die or be removed. 
 
 10. The committee, having been sworn, shall have free Duty of revising 
 access to all public papers and accounts, and shall prepare™""" 
 
 and revise the lists, and shall transmit copies thereof to 
 the prothonotary. 
 
 11. The municipal council for the County of Halifax p'^' °^ yf^^^ 
 
 . . ». . K. „ , jurors m Halifax 
 
 shall, in addition to the committee to prepare lists ot grand county 
 and petit jurors, appoint biennially a committee to prepare 
 and revise a list of not less than two hundred special 
 jurors, w'ell qualified to act as special jurors in the Supreme 
 Court at Halifax ; and the names of such jurors shall be 
 placed in a separate box in the usual manner, and all 
 special juries ordered by the court shall be drawn there- 
 from. 
 
 12. No person residing more than fifteen miles from Persons exempt- 
 the city of Halifax .shall be placed on any jury list for the L thTcou'^ty^'ot 
 County of Halifax. Halifax. 
 
 13. Except as hereinafter otherwise provided, every Municipalities to 
 municipality where a county is divided into municipalities, alotfons^^'* '"*° 
 shall continue to be divided into eight sections arranged 
 
 by the .council ; such sections to contain as nearly as 
 possible an equal amount of population ; and the committee 
 appointed by such council shall return separate lists of the 
 persons qualified to serve as grand jurors. 
 
 14. The lists .shall be valid if a majority of the KbIs valid if 
 committee appointed shall act in the compilation thereof, mftt'ee wt ' ™'" 
 
 ^ 75 
 
1170 jufiiES, [part III, 
 
 Chap. 106. 1-5. The list of grand jurors fihall contain all the 
 Lists of grand Christian names, or one or [iiore of the initials thereof, and 
 nam^a'i^ditions"*''^^ ^"™^"'®^'"^ *'' those qualified to serve as grand jurois, 
 &o. ' their places of residence, trades, callings, or employments, 
 
 and whether senior or junior, or any other appellation by 
 which they may be usually called or known. 
 
 Lists of petit 16. The Ust of petit jurors shall contain all the Chris- 
 iike'particXrs." tian name.s, or one or more of the initials thereof, and the 
 surnames, of all those qualified to serve either as grand or 
 petit jurors, their places of residence, trades, callings, or 
 employments, and whether senior or junior, or any other 
 appellation by which they may be usually called or known. 
 
 Copies of jury 17. When the list of jurors shall have been completed 
 
 edfnotioe t^°beby the Committee, a copy alphabetically arranged shall be 
 
 errors or'"om^s- gi'^'en by them to the clerk of the municipality, and another 
 
 siona therein, copy to the prothofiotarv, who shall forthwith thereafter 
 
 post up a copy of such list in their ofBces respectively, and 
 
 keep the same posted up for at least one month ; and such 
 
 committee, or a majority thereof, shall meet in the county 
 
 or district court house within two month.s from the last 
 
 day of the sitting of council at which they were appointed, 
 
 to revise such 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 thereon, or as to names' 
 
 omitted therefrom. 
 
 Corrected list 18. The Committee shall thereupon forthwith furnish 
 
 thoiiotary; ettect the prothonotary with a copv of such lists so corrected 
 
 ofomissions. ^^^ signed by them, and the lists shall be held valid, 
 
 notwithstanding the omission of persons qualified, or the 
 
 insertion of the names of persons not qualified, as grand or 
 
 petit jurors, respectively. 
 
 Lists of names to 19. The Committee in hereafter revising the jury lists- 
 added""'' "* "'shall make a list of the names of those who, 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 such jury lists ; but 
 a judge of the Supreme Court may, at any time it shall be 
 deemed advisable, direct the revising committee to make 
 out and return full and fresh lists of jurors. 
 
 Lists to be posted 20. The Hst of jurors shall be kept posted np in the 
 terywrn™; prothonotary 's oflice; and, when the juries are drawn to 
 be marked.™ *" '"^''^'^ ^°'" ^^'^'^ 3'^^'"' '-^^ 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. 
 
ttTLE ■skill.] JURIfiS. 1171 
 
 21. Thecouncil shallvote annually a compensation of one CflAP. 108. 
 ■dollar and fifty cents to each of the committee who revise RemuriQration to 
 the lists as af<5resai(l , with travelling fees at the rate of five ?'>'",™"<=^ '■''™- 
 
 .' o jng lists. 
 
 ■cents per mile coming and returning; and ten cents per 
 folio per copies of the lists furnished by them. 
 
 22. Any councillor appointed to revise such lists who J'®'"''*^ '«■' *"■ 
 
 1111 -1 1- i-.^i '""y making a 
 
 «hall knowingly put any person thereon who is not qualined, wrong Ust. 
 or omit any parson 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 
 ■dollar.s. 
 
 23. In any municipality where arrand or petit iurors when jurors not 
 
 1 , , •'i J! ^1 i • 1 i- drawn for our- 
 
 have not been drawn tor the current year, a special meeting rent year, 
 ■of council may appoint a committee to revise .the lists of 
 jurors, and after the same are revised in manner directed 
 by this Chapter, and returned by the committee to the 
 prothonotary, he, together with the sherifiT or his deputy, 
 «hall forthwith draw a jury or juries, as ma}' be required, 
 and the prothonotary shall issue vemres for summoning the 
 same; and such lists need not be drawn in open court, or 
 signed by a judge of the Supreme Court. 
 
 24. Revised lists of grand and petit jurors, hereafter form of lists, 
 to be prepared, shall be in the form of the schedule hereto 
 annexed. 
 
 25. The designations of jurors shall hereafter be written Designation of 
 ■upon the tickets containing their names, and also upon thetiikete"""™'"' 
 several panels and venires, in the same way as they are 
 
 upon the revised lists. 
 
 26. The committee to revise the lists shall be chosen E«™iiig com- 
 bienniaMy, but shall continue in office until their successors biennLiy*'"^'^'' 
 •are appointed. 
 
 27. The prothonotary, associated with two justices Names of grand 
 ■appointed by the municipal council, as soon as possible after to i)e*pia[;Bd™S 
 the rt^tum of such lists, shall have the names of all persons ^^p*™*^ *"'^'^'*- 
 mentioned therein written on distinct and separate pieces 
 
 •of paper, so folded as to conceal the name.s thereon, and 
 
 shall place the same in separate boxes; those names placed 
 
 on the grand jury list being put into the grand jury box, 
 
 ^nd those on the petit jury list into the petit jury box; and 
 
 the prothonotary, associated with two justices appointed by 
 
 the municipal council, shall place ,the names of the grand 
 
 jurors in the grand jury box in eight compartments,' each compartments, 
 
 compartment to contain the names of the jurors for one of 
 
 the sections mentioned in section 13 of this Chapter, 
 
 28. Incase thecouncil should neglect to appoint the Jastioes may be 
 two justices to be associated with the prothonotaT}', as setwarden,^when 
 out in the next preceding section, the warden of the mi]nici-to'do°so.°"'''^ 
 pality may appoint them; and in case an v justice so appointed 
 
1172 
 
 JURIES. 
 
 [part hi. 
 
 Chap. 106. shall die, leave the county, or refuse, or be unable to 
 perform the duties devolving on him under said .section, 
 the warden shall appoint a justice to act in his place and 
 stead. 
 Grand jury, how 29. During the sitting of the court on the last term 
 monsST'' """"' in each year, the prothonotary, associated with two 
 justices appointed by the judge, shall draw from the 
 grand jury 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 year. 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 3'ear, 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 be signed by the presiding judge ; 
 and the prothonotary shall issue writs of venire facias for 
 the summoning of such jurors, and shall deliver the same 
 to the sheriff at least twenty days before the first term or 
 sittings of the Supreme Court, at which such grand jury 
 shall be bound to attend ; and the sheriff shall thereupon 
 cause such jurors to be summoned at least four days before 
 the time appointed for their attendance. Provided that in 
 any county where the same person holds the offices of 
 prothonotary and clerk of the municipality the names of 
 grand (and petit) jurors shall be drawn from the box by 
 the sheriff or his deputy, associated with two justices as 
 aforesaid. 
 
 SO. When above twelve of the grand jury shall assem- 
 ble in court for the first time in each term, they shall 
 choose a foreman, who shall be foreman of such jury for 
 the term ; and such foreman and jury shall be sworn in 
 the usual manner. 
 
 31. At each term of the Supreme Court the prothono- 
 tary, or (in case the same person is both clerk of the 
 municipality and prothonotary) the sheriff or deputy 
 sheriff, associated 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 served either as grand or petit jurors 
 within two years then next preceding, or who shall then 
 be serving or drawn as grand jurors, shall prepare a list 
 
 Foreman of 
 grand jury, 
 how chosen. 
 
 Petit jurors, how 
 drawn and sum- 
 moned. 
 
TITLE XXIIl] JURIES. 1173 
 
 containing the names of those first drawn, and have the Chap. 106. 
 
 same signed bj' the presiding judge, and shall issue writs 
 
 of venire facias for the summoning thereof, and deliver 
 
 the same to the sheriff at least twenty days before the 
 
 ensuing term ; and the sheriff shall cause such jurors to 
 
 be summoned at least four days before the time appointed 
 
 for their attendance. 
 
 32. The associated justices may, in their discretion, ^^1°"'^*^^^^"/" 
 before proceeding to draw any jury, require the 
 prothonotary in their presence to examine and compare 
 
 the slips in the jury boxes with the list in his posses.sion. 
 
 33. In case of the illness or absence of the judge, or if draX'nn>iry'?n 
 owing to omission or mistake, or from any other cause certain cases. 
 whatever, it should happen that a grand or petit jury 
 
 should not be dravvn and lists be signed, as provided in 
 sections 29 and 31, then and in such case it shall be lawful 
 for the prothonotary, associated with two justices appointe<l 
 by the warden, at any time within two weeks next after 
 the time fixed by law for the opening of the term or sitting, 
 to draw such grand or petit jury, and the warden shall then 
 sign the lists ; and the same shall thereupon be as valid in 
 all respects as if such lists had been drawn in open court 
 and signed by a judge ; and the prothonotary shall issue 
 the usual writs of venire requiring the sheriff to summon 
 such jurors so drawn: Provided that, if the prothonotary 
 be disqualified as mentioned in such sections, the names of 
 the jurors shall be drawn by the sheriff or his deputy. 
 
 34. No fifrand iury shall be composed of less than Minimum num- 
 
 ., . ^ & J ./ r ber of giand 
 
 triirteen members. jury. 
 
 35. In any civil cause, information, or indictment special court 
 
 n • 1 It . . • 3 may order spec- 
 
 lor a misdemeanor, the court, upon motion, may orderiai jury, updn 
 a special jury for the trial thereof upon sufficient cause '"°*"'"- 
 shown on affidavit; and the court may order a special jury 
 for the assessment of damages upon similar motion in 
 cases where the a.ssessment is to be made before them, and 
 the judge may, at the final taxation of costs, order which 
 party shall pay the cost of such special juries, including the 
 costs of travel of such jurors. 
 
 30. When special juries are ordered the prothonotary special juries, 
 shall draw thiity-six. names from the petit jury box in civil 
 cases, and forty-eight in cases of information or indictment 
 for mi.idemeanor, setting aside the names of any persons 
 then serving as grand jurors; and the number having been 
 reduced to eighteen in civil cases, and to twenty-four in 
 cases of information or indictment, in the usual manner, 
 they shall be summoned at least forty-eight hours before 
 the lime appointed for their attendance; Provided that 
 
1174 JURIES. [part Ilf. 
 
 Chap. 106^. notbing in this section shall be construed to conflict with 
 
 the provisions of section 11 as to the County of Halifax. 
 ^anei f™^' ^' There shall be returned a panel of twenty-four 
 
 petit jurors to each short term in the county, and twO' 
 pan&ls of twenty-four p>etit jurors each, to each extended 
 term in those counties where the term can be so extended. 
 Petit juries for 38. All panels of petit jurors for the trial of civil and 
 sidings a a I pj.j j^^jj^g^j causes at Halifax, in the Supreme Court, shall be 
 drawn by the prothonotar3', associated with two justices 
 appointed by a judge of the Supreme Court, in the manner 
 provided in section 31 of this Chapter, and the san>e course' 
 shall be pursued in preparing and signing lists thereof, and 
 issuing and delivering writs of venire ffteias thorefor, and 
 in summoning such jurors, as is directed in said section. 
 Extra panel of 39. The judgcs shall have power to direct that an 
 grors or »'-gjj^,.j^ panel of petit jurors shall be drawn at any sittings 
 in Halifax before a judge in open court, in the manner 
 hereinbefore appointed, wlio shall be summoned for and 
 bound to attend at such lime and for such period as shall 
 be prescribed 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 re.'<pect of other petit jurors ; and such 
 extra jurors .shall be competent to try both civil and 
 criminal causes under the direction of the judges. 
 What counties to 40. There shall be two panels of jurors drawn and 
 ^neis*^"* thdr summoned for those counties in which the term extends 
 '"eotivei"* "^'beyond one week, except the counties of Antigonish and 
 Queens ; the first of which panels shall be summoned for 
 and bound to attend on the first day of the term and thence 
 until the succeeding Monday, and the other shall be sum- 
 moned for and bound to attend on the first Monday of such 
 term, and thence until the termination of the sittings,, 
 except in the county of Pictou, where the first panel shall 
 be summoned for and bound to attend on the first day of 
 the term and thenee until the succeeding Thuisday, for 
 which day the second panel shall be summoned and bound 
 to attend thence until the termination of the sittings, 
 jiiry empanelled 41. A jury empanbllcd for the trial of a cause which 
 disoharged. shall go over the time specified for the attendance of such 
 
 jury, shall not on that account be discharged. 
 
 Panel to be call- 42. The whole panel of jurors shall be called on the 
 
 ajbscnt juror*'^' first day OD which they are bound to attend, and before 
 
 *'""'• any cause to be tried by a jury shall be proceeded in ; and 
 
 all jurors not then in attendance shall be fined. 
 
 whennotSted, *^- When the second panel shall not have been called 
 returned aa if upon to serve as a lury, their names shall be returned into 
 
 not drawn. .i i . n J •' ' 
 
 the boxes, as u not drawn. 
 
TITLE XXIII.] JURIES. 1175 
 
 44. If a sufficient number of grand or petit jurors doCHAP. 106. 
 not attend, or if it is probable that a sufficient number Names of jurors 
 may not attend, the names of those who do not attend "°*'^"™'l'"?''^ 
 
 1111 11 • f ^ 11 1 returned to box, 
 
 shall be returned to the box as if they had not been drawn, and others sum- 
 and the prothonotary shall draw the names of others liable with? 
 to serve, and shall cause the sheriff immediately to summon 
 those whose names have been so drawn to attend forthwith. 
 
 4.5. All fines for non-attendanee of jurors shall be fines, how lev- 
 levied by warrant of distress ; such warrant shall be madeLnd'''to'' whom 
 out and delivered by the prothonotary to the sheriffP^^*^'^ 
 immediately after the calling of the jury each day, or at 
 such other time as the court may order ; and the sheriff 
 shall proceed at once to enforce the same, and shall forth- 
 with return to the prothonotary a statement of all fines 
 received by him, which statement shall also set forth the 
 reasons why such fines, if any, have not been collected ; 
 and the sheriff shall at the same time pay over to the 
 prothonotary the full amount by him received, deducting 
 ten per cent., and the prothonotary shall immediately lay 
 such statement before the court, if then sitting, or other- 
 wise at the next term thereof in the county ; and he shall 
 also at the end of each term pay over the amount of fines 
 collected, deducting five per cent., to the municipal treasurer, 
 for municipal purposes, and shall take his receipt therefor, 
 which shall be laid before the court at its next sitting. 
 
 46. Every petit or special iury for the trial of civil Numberotjurors 
 
 . :' .^ T . ' 1 J. 1 1 J in oivil eases. 
 
 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. 
 
 47. The practice of keeping a jury without meat, jurors not to be 
 drink, or any other comfort until they agree upon their i^e!"'"^""™'*' 
 verdict, is abolished. 
 
 48. Each petit and special juror and talesman shall be Pay of petit 
 entitled to receive and be paid the sum of one dollar per''"™'^' 
 day, for his actual attendance as a juror at the Supreme 
 
 Court, and 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 ascer- 
 tained by the oath of the juror. 
 
 49. The prothonotary in each county shall, on the last List of jurors to 
 day of the sitting of the Supreme Court in each term, and teTtei?drnM 
 of the sittings of such court in Halifax, and also at the-f/„Xi'*°„b„! 
 end of the first week of the sittings in those counties 'y '"""is. 
 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 
 
1176 JURIES. [part III. 
 
 Chap. 106. 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 
 forthwith thereupon pay out of the municipal funds to each 
 juror the amount which such juror appears entitled to 
 
 _ ,, , . .receive upon such list. 
 
 Fund to be raised . ^ m • i r i t t , i^ • 
 
 by fees. oO. lo provide a fund towards the payment or jurors 
 
 under this Chapter, the following fees shall be paid by 
 plaintiffs to the prothonotary, and by him into the municipal 
 treasury, viz. : On the issuing of writ of mesne process, 
 except in summary 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 in the cause, provided 
 that this section shall not apply to the County of Halifax. 
 
 Accounts of re- 51. The municipal treasurer shall keep an account of 
 
 ments.""'* ^*^" all recfipts and payments under the two last sections, such 
 account to he laid before the municipal council with his 
 other accounts. 
 
 Jurors how re- 52. The court or presiding iudge may relieve any 
 
 ilCVCQ fmTTi lines o t/ ^ • ■' 
 
 "juror from a fine, in whole or in part, on sufficient reason 
 being shown on oath, which oath, if in writing, may be 
 made before a justice of the peace. 
 Pi-oceedings in 53. In casc of the illncss of a juror, after he shall 
 
 case of illness of 1 i . ... -^ i ii i • ai 
 
 juror. have been sworn in any civil cause, it shall be in the 
 
 discretion of the presiding judge to allow the cause to 
 proceed without him; and the verdict shall be valid, pro- 
 vided seven of the remaining jurors shall concur therein. 
 
 Amendment of 54. The court or presiding judge may amend the lists 
 
 vided. '^ *" of jurors by striking out the names of persons not liable to 
 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 municipality, to be laid before the revising 
 justices 
 
 Special jury.how 55. The prothonotary shall cause the names of the 
 
 drawn and called • i • 1 u -ti. j- i- j. i • -i 
 
 on trial. special jurors to be written on distinct and similar pieces 
 
 of paper, and having folded the same so as to conceal the 
 names, and placed them in a box, shall proceed to draw the 
 jury therefrom, and the nine or twelve, in civil or criminal 
 cases respectively, whose names shall be first drawn, and 
 who shall be in attendance, shall be the jury for the trial 
 of the cause or assessment of damages. 
 
 drawnandralS ^^- "^^^ prothoHotary shall cause the names of the 
 
 on trial. petit juro.rs to be written on distinct and'similar pieces of 
 
 paper, and having folded the same so as to conceal the 
 
 names, and placed them in a box, shall, on the first cause 
 
TITLE XXIII.] JUEIES. 1177 
 
 teing called, proceed to draw the jury therefrom, and the Chap. 10(). 
 
 nine or twelve in civil or criminal cases respectively, whose ~ 
 
 names shall be first drawn, and who shall be in attendance, 
 
 and shall not be challenged, shall be the jury for the trial 
 
 of the cause ; and when another cause shall be called, the 
 
 prothonotary, having returned into the box the names of 
 
 those who have been challenged or who have not appeared, 
 
 shall proceed to draw the jury therefrom until all the 
 
 names have been drawn, when the names of such as have 
 
 served on previous juries shall be returned to the box, to 
 
 be drawn in like manner. 
 
 57. When a full jury shall not appear, or appearing Tales may be 
 shall be challenged, or otherwise prove deficient, a tales deplrty. ^^' 
 circumstantibus may, at the instance of either party in 
 
 civil causes, be awarded and returned immediately. 
 
 58. In all civil causes either party may peremptorily chaUenges with- 
 challenge, if in Halifax four, if in any other county three, fSwed. *"^'' 
 
 of the jurors or talesmen. 
 
 51). The councils of each municipality within every certain munid- 
 county where the Supreme Court sits only in the shire ^ded^W^o Wr 
 town and which is divided into municipalities shall, ^^<'''™^- 
 where such division has not already been made, at their 
 first sitting proceed to divide each of such districts into 
 four sections, instead of eight sections as hereinbefore 
 provided, such four sections to contain as nearly as possible 
 an equal amount of population. 
 
 60. The committee appointed by the council shall pomnjiwee to re- 
 
 rr J 1 i» .1 turn separate list 
 
 return separate lists, alphabetically arranged, or the persons of persons for 
 qualified to serve as grand jurors, one list to be returned ^"^^ •'"°"" 
 to the prothonotary and one to the clerk of the munici- 
 pality. 
 
 61. The prothonotary shall place the names of th e Names of jrand 
 grand iurors for the whole county in the grand jury box, placed in box 
 
 f.,«' , , , ■', , , i-iU with eight oom- 
 
 in eight compartments, each compartment to contain tne partments. 
 names of the jurors for one of such sections, and shall draw 
 the names of three grand jurors from each of such compart- 
 ments in the usual manner. 
 
 62. The duties imposed by this Chapter on theDutjes^^f Pro- 
 prothonotary shall be performed by tjie clerk of the formed by cierk 
 
 ■T^...*', 'Ill' V of municipality 
 
 municipality where necessarily devolving on nim. in certain cases. 
 
 63. Hereafter the municipal treasurer shall payno petit Payment of petit 
 jury fees to applicants, unless there be first produced to him''"'^ ^' 
 
 a written or printed statement verified by the oath of each 
 claimant in the form in the schedule to this Chapter. 
 
 64. No juryman shall be entitled to any pay for any Jurjman when 
 day on which he does not answer to the morning roll call, fees. 
 
 nor for any day on which he shall fail to answer when 
 called for duty during the day ; and the prothonotary shall 
 
1178 
 
 JURIES. 
 
 [part hi. 
 
 Chap. 106. not only carefully note down absentees on the morning call, 
 but on every other cM ; and he shall not certify fees for 
 any juryman for any day on which such juryman is found 
 absent at any call, morning or otherwise, without the 
 special leave of the presiding judge. 
 d'"tVf' ^"-^f' 68. When parties claim for jury fees all tines registered 
 lees. against them shall be deducted before payment is made ; 
 
 and the municipal treasurer shall be entitled to inspect the 
 prothonotary's jury lists gratis if he desires to do so. 
 
 SCHEDTIXiE. 
 
 County of — 
 
 The return of revising committee, of persons qualified to 
 to serve as grand, special, or petit jurors. 
 
 Township or 
 settlement. 
 
 Christian and surname at 
 
 full length, and whether 
 
 senior or junior. 
 
 Trade, calling, or 
 employment. 
 
 Appellation, by 
 which known. 
 
 Halifax, SS. 
 
 In the Supreme Court, 
 
 Sittings, 18 — . 
 
 We, whose names are written on the margin hereof, do, 
 and each of us doth for himself respectively, make oath and 
 say that he was present at the morning roll call for the 
 number of days set opposite his name, and attended Court 
 during such days, that the distance for travel set opposite 
 his name and the amounts carried out are correct, and that 
 the sum set opposite his name is justly due for his fees for 
 the above sittings, 
 
 Names. 
 
 Days' attendance. 
 
 Travel. 
 
 Whole amount. 
 
 A. B 
 
 
 
 
 C. D 
 
 
 
 
 name 
 
 worn to by the parties above- \ 
 ;d respectively, before me, \ 
 
 E.F. 
 
 I 
 
TITLE XXIII.] WITNESSES AND EVIDENCE. 1179 
 
 Chap. 107. 
 CHAPTER 107. 
 
 OF WITNESSES AND EVIDENCE. 
 
 1. Where a court or tribunal of competent jurisdiction Supreme Court 
 in any part of Her Majesty's dominions, or in any foreign So^^'of^r" 
 country shall, in some proceeding before it, issue or "<='"'=". y"^"" 
 
 U. . 1 ' n ^ v V- lu, A-.3WVV V. commissions 
 
 lorize a commission or order for obtaining: the testimony f™n court* 
 of some person being within this Province or the production*'""'^" 
 of papers therein, it shall be lawful for the Supreme Court 
 or a judore, if 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. 
 
 2. All proclamations, treaties, and other acts of state, Proclamations, 
 of any foreign state, or of any British colony, and alU"avftr"&i.,*Tn 
 judgments, decrees, orders, and other judicial proceedings of^^^Sld'^tn^ e^^" 
 any court of justice in the United Kingdom of Great dence, and how 
 Britain and Ireland, or in any foreign state, or in any''™™ " 
 British colony ; and all afildavits, pleadings, and other legal 
 documents, filed or deposited in any such court, may be 
 
 proved in any court of justice, or before any person having, 
 by law, or bj' consent of parties, authority to hear, 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 proclamation, 
 treaty, or other act of state, the authenticated copy, to be 
 admissible in evidence, must purport to be sealed with the 
 seal of the foreign state or British colony to which the 
 original document belongs ; a,nd if the document sought to 
 be proved be a judgment, decree, order or other judicial 
 proceeding of any British, foreign, or colonial court, or an 
 affidavit, pleading, or other legal document, filed or 
 deposited in any such court, the authenticated copy, to be 
 admissible in evidence, must purport to be 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 by the judge, or if 
 there be more than one judge, by any one of the judges of 
 the said court, and such judge shall attach to his signature 
 a statement in writing on the said copy, that the court 
 whereof he is a judge has no seal ; but if any of the 
 aforesaid authenticated copies shall purport to be sealed or 
 signed as hereinbefpre respectively directed, the same shall 
 
1180 WITNESSES AND EVIDENCE. [PART III. 
 
 Chap. 107. re.spectively be admitted in evidence in every case in which 
 ~ ~' the original document could have been received in evidence, 
 
 without any proof of the seal where a seal is necessary, or 
 of the sijrnature, or of the truth of the statement attached 
 thereto, where such signature and statement are necessary, 
 or of the judicial character of the person appearing to have 
 made such signature and statement. 
 
 Documents ad- 3, Every document which, by any law now in force or 
 
 dence ^n" E^" hereafter to be in force, is or shall be admissible in evidence 
 
 proof* oi'^rigna- of ^.ny particular in any court of justice in England, or 
 
 ture 4o., ad- Wales, Or Ireland, without proof of the seal or stamp, or 
 
 signature authenticating the same, or of the judicial or 
 
 official character of the person appearing to have signed the 
 
 same, shall be admitted in evidence to the same extent and 
 
 for the same purposes, in any court of justice in this 
 
 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 
 
 official character of the per.son appearing to have signed the 
 
 same. 
 
 Certified copies 4_ Copies of any document, writing, or proceeding, 
 
 of papers filed in r • , i • -n • i il i ■ i 
 
 court admissible tiled in any court in this rrovince, shall be received as 
 asevi enoe. evidence to the same extent as the original; provided 
 
 such copies be certified under the seal of the court, or by 
 
 the proper officer under his hand. 
 
 tobaii"&c*°m^e ^- "^'^ affidavits for the purpose of holding persons to 
 abroad. ' bail in this Province, or having relation to any judicial 
 proceeding in any court of justice therein, purporting to 
 be made before a commissioner appointed to do acts without 
 the Province, or a judge of any court of justice in the 
 United Kingdom, or in any foreign state, or in any British 
 colony, if in other respects conformable to law and the 
 practice of the court in which they are designed to be 
 used, may, notwithstanding they are made before such 
 commissioner or judge of a British, foreign, or colonial 
 court, be received and acted upon, and shall have the 
 same effect as if made before a judge or other lawful 
 authority in this Province ; provided the same purport to 
 be sealed with the seal of such comtnissioner or of the 
 British, foreign, or colonial court, before one of the judges 
 of which they purport to be made, or in the event of such 
 court having no seal, provided the judge whose name is 
 subscribed thereto, shall have attached to his .signature a 
 statement in writing, on the affidavit, that the court 
 whereof he is a judge, has no seal ; but if any such affidavit 
 shall purport to be sealed and signed, or to be signed, 
 without being sealed, as hereinbefore respectively 
 
TITLE XX1II.J WITNESSES AND EVIDENCE., 1181 
 
 directed, the same shall be respectively received and acted Chap. 107. 
 upon as aforesaid, and admitted in evidence in every court 
 of this Province, without any proof of the signature and 
 seal of the commissioner or of the signature of the judge 
 and seal of the court, where a seal is necessary, or of the 
 signature, or of the truth of the statement attached 
 thereto, where such signature and statement are alone 
 required, or of the judicial character of the person appear- 
 ing to have made such signature, or signature and 
 statement respectively. Declarations now or hereafter made Declarations 
 in conformity with, and which shall have legal effect and teVwIitre^made 
 operation in the place where the same may be made, under *^^p^^'^*^^*™® 
 and by virtue of an Act of the imperial parliament, passed 
 in the fifth and sixth years of the reign of his late Majesty 
 King William the Fourth, chapter sixty-two, relating to 
 the abolition of oaths in certain cases, and of any Act in 
 amendment thereof, shall have the same operation and 
 effect in this Province as if authenticated under oath 
 before the same officers before whom the declaration had 
 been made, and as if these officers had been authorized to 
 administer such oath. 
 
 Acts, deeds, evidence, acknowledgments, and declar- Acts, deeds, &o., 
 ations, now or hereafter done, made, taken, or proved in !e™^in^^ormii 
 Great Britain or Ireland, or any of Her Majesty's posses- hOT^'"the"'s'ame 
 sions, with those forms of authentication and proof which here. 
 shall be the legal mode of proof and authentication in 
 those places, shall have the same force and effect in this 
 Province as if sworn to before the same persons or officers, 
 by and before whom the proof and authentication may be 
 made, and as if those persons or officers had power to 
 administer an oath. 
 
 6. Every register of, or declaration made in respect Proof of reRister 
 of, any British ship, in pursuance of any of the Acts relating ° " '» » "p- 
 to the registry of British ships, may be proved in any 
 court of justice, or before any person having, by law or by 
 consent of parties, authority to hear, receive and examine 
 evidence, either by the production of the original, or by 
 an examined copy thereof, or by a copy thereof purporting 
 to be certified under the hand of the person having the 
 charge of the original, and which person is hereby required 
 to 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 register 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 
 having, by law or by consent of parties, authority to hear, 
 
1182 
 
 WITNESSES AND EVIDENCE. 
 
 [PARt IIL 
 
 Certified copies 
 ■of grants, &c. 
 admissible 
 evidence. 
 
 Chap. 107. receive, 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 registry when such certificate is 
 produced. 
 
 7. A copy of any grant of lands, or documents or any 
 as proceedings in Her Majesty's Council respecting the titles 
 of lands, 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 the 
 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, and 
 copies of applications, transfers, and other original 'papers 
 in the Mines Office, duly certified by the Commissioner of 
 Mines and Works or his deputy, shall be receivable in 
 evidence to the same extent as the originals. 
 
 Certified copies 8. A copv of any grant from the Crown, or of any 
 
 of deeds Ulc . . 
 
 may bo received deed from the books of legistry, certified under the hand 
 asevidenoe. ^^ q^^ registrar, or proved to be a true copy taken 
 therefrom, 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 of the party, and that he has inquired 
 for, and been unable to procure the same, 
 trobate of will Q. The probate of a will, or a copy thereof, certified 
 
 "or certified copy , i i i j? i ■ i ■ r. i 
 
 received as evi- under the hand or the judge or registrar or probate, or 
 
 '""''■ proved to be 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 shown upon affidavit, order the original' will to 
 
 be produced in evidence, or may direct such other proof 
 
 of the original will as under the circumstances may appear 
 
 necessary or reasgnable for testing the authenticity of the 
 
 alleged original will and its unaltered condition, and the 
 
 fidelity of the prepared copy. 
 
 1:0 apply to wills This section shall apply to wills and the probate and 
 
 Siroad!^''™''^ copies of wills proved elsewhere than in this Province; 
 
 provided that the original wills shall have been deposited 
 
 and the probate and copies granted in regularly constituted 
 
 courts having jurisdiction over the proof of wills and 
 
 administration of intestate estates or the custody of wills. 
 
 10. A party intending to avail himself of the two 
 
 preceding sections must give notice in writing of such his 
 
 intention to the opposite party at least ten days previous 
 
 !Notice to be 
 given to oppo. 
 site party. 
 
TITLE XXIII.] WITNESSES AND EVIDENCE. 1183 
 
 to the trial, with a schedule of the deeds or wills so Chap. 107. 
 intended to be given in evidence, and the books wherein 
 the same are recorded ; but the judge may dispense with 
 such notice if he be satisfied that no injustice has been 
 done by the want thereof. The certificate of registry certificate of 
 endorsed on any deed, docket of judgment or attachment, J|fgi'4d'^°"''e^! 
 and signed by the registrar, shall be taken and allowed in denoe ot regis- 
 all courts as evidence of the registry. 
 
 11. A copy of any duplicate original of a grant or of copy of grant, 
 the registry of any grant, certified by the Commissioner of 
 
 Crown Lands, or by the registrar of deeds of any county 
 where such grant is recorded, shall be received in evidence. 
 
 12. A certificate of the Prothonotary at Halifax, on Plans certified 
 the plan of any township returned under the thirtieth '*' "' ™° ''" 
 section of Chapter eighty-four " Of the Registry of 
 
 Deeds and Encumbrances affecting Lands," shall be pre- 
 sumptive evidence that the same is the original plan which 
 it is alleged to be in such certificate ; and such plan shall 
 thereupon be received in evidence as such. 
 
 13. It shall not be necessary to prove by the attesting Proof of instru- 
 witness anj' instrument to the validity of which attestation"™ ^' 
 
 is not requisite ; and such instrument may be proved by 
 admission or otherwise, as if there had been no attesting 
 witness thereto. 
 
 14. Comparison of a disputed writing with any writing Proof by com. 
 proved to the satisfaction of the judge to be genuine, shall writing."* *"*" 
 be permitted to be made by witnesses, and such writing 
 
 and the evidence of witnesses respecting the same, may 
 be submitted to the court and jury as evidence of the 
 genuineness or otherwise of the writing in dispute. 
 
 15. No person shall be an incompetent witness by witness not in- 
 
 „.'■,, P . J. 'ii. competent from 
 
 reason of incapacity from crime or trom interest. crime or interest. 
 
 Ifi. On the trial of any issue joined', or of any matter competent wit 
 or question, or on any inquiry arising in anj' suit, action, 
 or 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, the parties thereto, 
 and the person in whose behalf any such suit, action or 
 other proceeding may be brought or defended, and the 
 husbands and wives of the parties thereto, and the person 
 in whose behalf any such suit, action, or other proceeding 
 may Vie brought or instituted, or opposed or defended, 
 including the reputed father in bastardy cases, and the 
 defendant in cases of petty trespass and assault, shall, 
 except aS|hereinafter excepted, be competent and compellable 
 to give evidence, either viva voce or by deposition, according 
 to the practice of the court, on behalf of either or any of 
 the parties to the suit, action, or other proceeding. 
 
1184 WITNESSES AND EVIDENCE. [PART III. 
 
 Chap. 107. Provided that on the trial of any issue joined or of any 
 
 Parties excluded matter or question, or on any inquiry arising in any suit, 
 
 from giving evi- action, or Other proceeding in any court of justice, or before 
 
 by or against any persou having by law or by consent of parties, authority 
 
 executors. ^^ hear, receive and examine evidence brought by or against 
 
 the executor or administrator of a deceased person, 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, transactions or 
 
 agreements with the deceased, or of any statements or 
 
 acknowledgments made or words spoken by him, or of any 
 
 Proriso. 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 administrator. 
 
 Incompetent 17. Nothing herein contained shall render any person 
 
 wi nesaes. who, in any criminal proceeding, is charged with the 
 commission of any indictable offence, or any offence 
 punishable 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 any 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 in consequence 
 of adultery. 
 
 Communications 18, No husbaud shall be compellable to disclose any 
 
 of husband to • . • t j. i • i i • -a -i • ii 
 
 wife, &c., not to communication made to him by his wire during the 
 bedisciosed. marriage; and no wife shall be compellable to disclose any 
 
 communication made to her by her husband during the 
 
 marriage. 
 
 Not to apply to 19. Nothing in the three next preceding sections shall 
 
 actions brought ,. p ., j-i.mi- l c 
 
 foraduitery. a'PP'y to any action, suit, proceeding or bill, in any court of 
 common law or court of marriage and divorce, instituted 
 in consequence of adultery. 
 
 Party producing 20. A party producing a witness shall not be allowed 
 
 give evidence of to impeach his Credit by general evidence of bad character ; 
 
 ter, ''l^ut'^'^'n^y but he may, in case the witness shall in the opinion of the 
 
 contradict him. judge, prove adverse, 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 testimony ; 
 
 but before such last-mentioned proof can be given, the 
 
 circumstances of the supposed statement sufficient to 
 
 designate the particular occasion, must be mentioned to the 
 
 witness, and he must be asked whether or not he has made 
 
 such statement. 
 
TITLE XXIII.J WITNESSES AND EVIDENCE. 1185 
 
 21. If a witness upon cross-examination as to a former Chap. 107. 
 statement made by iiim relative to the subject-matter of EvidoBce of in- 
 the cause, and inconsistent with his present testimony, ^^j^^j'^'^™*j^_^|*J- 
 does not distinctly admit that he has made such statement, when to be re- 
 proof may be given that he did in fact make it ; but before "^^'^ ' 
 such proof can be given, the circumstances of the supposed 
 statement sufficient to designate the particular occasion, 
 
 must be mentioned to the witness, and he must be asked 
 whether or not he has made such statement. 
 
 22. A witness may be cross-examined as to previous Examination of 
 
 ,. , 111*. .. 1 i*,-j.' witness as to 
 
 statements made by him in writmg, or reduced into writing, previous state- 
 relative to the su'bject-matter of the cause, without guch ™™' '" '^"*"^- 
 writing being shown to him, but if it is intended to 
 contradict such witness by the writing, his attention must, 
 before such contradictory proof can be given, be called to 
 those parts of the writing which are to be used for the 
 purpose of so contradicting hiui : Provided always that it 
 shall be competent for the judge at any time during the 
 trial to require the production of the writing for his 
 inspection ; and he may thereupon make such use of it for 
 the purposes of the trial as he shall think fit. 
 
 28. A witness in any cause may be questioned as to Examination of 
 whether he has been convicted of any felonj' or misde-tohis''oonviction 
 meanor ; and upon being so questioned if he either deny °* ™™''- 
 the fact or refuse to answer, it shall be lawful for the 
 opposite party to prove such conviction ; and a certificate 
 containing the substance and effect only (omitting the 
 formal part) of the indictment and conviction for such 
 offence, purporting to be signed by the clerk of the court 
 or other officer having the custody of the records of the 
 court where the offender was convicted, or by the deputy 
 of such clerk or officer (for which ceriificate a fee of one 
 dollar and no more shall be demanded and taken), shall, 
 upon proof of the identity of the person, be sufficient 
 evidence of the conviction, without proof of the signature 
 or official character of the person appearing to have signed 
 the same. 
 
 24. Where a witness in a cause resides more than five subpoena issued 
 miles from the place where the trial is to be had, a j ustice ^j^'^g/' r^jJi™ 
 of the peace may issue a subpoena for such person to attend °y" *™ "''«'* 
 at the trial thereof, and the same shall be in the usual 
 form of a justice's subpoena, with the necessary alterations. 
 
 25. No person shall be obliged to attend or give witness not 
 evidence, in any cause before any court, judge, comtnissioner, until le^aife"* 
 master, or arbitrator, or other person authorized to take his'"'^ tendered. 
 evidence before he is tendered his legal fees for such attend- 
 ance and necessary travel. 
 76 
 
1186 
 
 WITNESSES AND EVIDENCE. 
 
 [PAET III, 
 
 Affirmations. 
 
 Chap. 107. 26. The testimony of a judge of the Supreme Court 
 
 Judge's testi- may be taken before any other judge or a commissioner in 
 
 amTuLed.''*^''^"*'^^ 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 he shall be 
 
 necessarily absent from the county on official business. 
 
 27. 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 bis 
 solemn affirmation or declaration, in the words following, 
 videlicet : 
 
 " I, A. B., do solemnly, sincerely, and truly affirm and 
 declare that the taking of an3- oath is, according to my reli- 
 gious belief, unlawful ; and I do solemnly, sincerely, and 
 truly affirm and declare," &c. 
 
 Which solemn affirmation and declaration shall be of 
 the same foice and effect as if such person had taken an 
 oath in the usual form. 
 
 28. 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 examine 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. 
 
 29. The Governor-in-Council may select as commis- 
 
 abroadTTheir sioneFS persons residing in the United Kingdom, or in any 
 
 acts to be valid o •.■ u 1 ■ e ■ i ° j ^-n r 
 
 British colony, or in a foreign country ; and a certificate 
 under the hand and seal of any such 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 wiitings 
 intended to be registered, deposited, or filed, in any public 
 office in this Province, or of the attestation to affidavits 
 relating to the transfer and registry of vessels belonging to 
 this Province, or relating to proceedings in the Supreme 
 Court, or, in any other court within this Province, being a 
 court of record, shall be of full force and effect in this Pro- 
 vince, when produced in evidence therein, to all intents and 
 purposes, as if such acknowledgment, oath, or attestation 
 had been duly taken, administered and certified, by and 
 
 Parties em- 
 powered to 
 administer 
 oattls. 
 
 Appointment of 
 commissioners 
 
TITLE XXIII.J WITNESSES AND EVIDENCE. 1187 
 
 before persons authorized to act in like cases within this Chap. 107. 
 Province. 
 
 30. Parties to a suit when entitled or compellable to Definition of 
 be examined, shall be included under the term " witnesses," 
 
 and be within the meaning and object of this Chapter. 
 The term ''commissioners" when used in this Chapter shall 
 include commissioners appointed for tstking affidavits, and 
 also commissioners and any other persons specially 
 authorized under this Chapter or The Judicature Act, 1884, 
 to'take examinations, depositions, affirmations or answers. 
 
 31. In all cases of contempt by disobedience of any contempt ot 
 rule or order made under 'authority of this Chapter, any how treated? 
 judge may take cognizance of such contempt, and issue 
 attachment or other process of contempt, and decide 
 thereon, 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. 
 
 32. Depositions of witnesses taken before a iudoreiP^posMons, &0. 
 
 to DG return Go to 
 
 examiner or other officer, together with any books, papers prothonotary. 
 or documents produced in connection with such depo- 
 sitions, shall be returned by the judge or examiner or 
 other officer before whom the same are taken to the 
 prothonotary of the county where the cause is to be tried, 
 by whom they shall be filed ; and the adverse party shall 
 be entitled to use the same as evidence on the trial, 
 provided he shall have appeared by himself or his attorney 
 and cross-examined such witnesses. 
 
 33. A copy of any map, plan, report, letter written or copy of map, 
 received, or other paper or document whatsoever received rSmion oo" 
 by or filed in any of the departments of the Government of ^^^^^^p*JJ; 
 the Dominion of Canada, purporting to be duly certified by tifledl to be evi- 
 the head of such department or his deputy as being a true 
 
 copy of the original, or a copy of any proceeding of Her 
 Majesty's Privy Council for the Dominion of Canada, 
 purporting to be duly certified by the Clerk of such Council, 
 shall be held to be authentic, and shall be received as 
 evidence, and be prima facie of the same legal effect as the 
 original in any court in Nova Scotia. 
 
 34. In any action, suit or other proceeding at law or in Mode of proving 
 
 ., 1 i'j* J.J J telegraphic mes- 
 
 equity, where a party desires to produce and prove a sages. 
 telegraphic message, it shall not be necessary to produce 
 and prove the original message; but the party intending to 
 establish in proof the contents of any such original message 
 may give notice to the opposite party at least ten days 
 before the trial or other proceeding in which such proof is 
 intended to be adduced, that he intends, at such trial or 
 proceeding, to give in evidence as proof of the contents of 
 such original telegraphic message the message received by 
 
1188 BARRISTERS AND ATTORNEYS. [PART III. 
 
 Chap. 108. him from the telegraph office, and the message so received 
 
 by him shall be held to be authentic and shall be received 
 
 in evidence, and he prima facie of the same legal effect as 
 
 the original, in any court in this Province; provided the 
 
 party so receiving the same proves that it was received at 
 
 the telegraph office of the place to which it was addressed. 
 
 Certificate of 35. Every certificate granted by the Treasury Board 
 
 under" BanWng under the scventh section of Chapter o of the Statutes of 
 
 Act, how proved. Qg^jj^^g^ for the thirty-fourth year of Her Majesty's 
 
 reign, 1871, entitled, "An Act relating to Banks and 
 
 Banking," shall, on proof of the signature of the party 
 
 thereto, be received as evidence of the contents of such 
 
 certificate and that the same was granted by such Treasury 
 
 Board. 
 
 Deeds executed 36. Decds executcd out of the Province as well in 
 
 fnoe^how^adSit- foreign countries as in the British dominions shall be 
 
 ted in evidence, admitted in evidence on the trial of a cause in the Supreme 
 
 or County Courts upon like proof of their due execution as is 
 
 now required to entitle such deeds to registry within the 
 
 Province. 
 
 Not to conflict 37. Nothing herein shall be construed to contravene or 
 
 legteiatum""""" conflict with any legislation (intra vires) of the Parliament 
 
 of Canada. 
 
 CHAPTER 108. 
 
 OF BARRISTERS AND ATTORNEYS. 
 
 certain members 
 of tlie bar. 
 
 Precedence of 1- The following members of the bar in this Province 
 shall have precedence in the courts of the Province in the 
 following order : — 
 
 (1.) The Attorney-General for the time being of the 
 Dominion of Canada. 
 
 (2.) The Attorney-General for the time being of the 
 Province. 
 
 (3.) The members of the bar who were before the first 
 day of July in the year one thousand eight hundred and 
 sixty-seven appointed Her Majesty's Counsel for Nova 
 Scotia, so long as they are such counsel, according to 
 seniority as such counsel, and members of the bar to whom 
 from time to time patents of precedence are granted. 
 Precedence of 2. The remaining members of the bar shall, as between 
 er mem lers. ^bemselves, have precedence in the courts in the order of 
 their call to the bar. 
 
TITLE XXIII.] BARRISTERS AND ATTORNEYS. 1189 
 
 3. The rifrhfc of precedence which may appertain to Chap. 108 . 
 any member of the bar when acting as counsel for Her precedence of 
 Majesty, or for any Attorney-General of Her Majesty in l^y 'Zf'Zh°l 
 any matter dependinjj in the name of Her Majesty, or of j^J H^j^Ma^isr' 
 the Attorney-General before such courts, shall not be&c. 
 affected by the above sections. 
 
 4. No one shall practise as an attorney or barrister ^^o may prao- 
 unless he shall have been duly admitted. 
 
 5. The council of the Nova Scotia Barristers' Society co™^^i^°*^B^^r 
 shall make and publish rules and regulations for the rules for exami 
 examinations, preliminary, intermediate, and final, of law 
 students, and shall specify the subjects upon which students 
 
 shall be examined, and may prescribe text books upon any 
 of the subjects of examination, such rules and jegulations 
 to be subject to the approval of the judges of the Supreme 
 Court of Nova Scotia ; and the council of the said society 
 shall have power from time to time to ordain that a 
 certificate of having passed a successful examination at 
 any such school, college, or other institution of learning as 
 they shall name in such ordinance, and of such grade as 
 they shall ordain, shall upon such terms as to payment of 
 an additional fee as they shall prescribe, be accepted in lieu 
 of and shall have the same force, validity, and effect as an 
 examination either preliminarj^, intermediate, or final, as 
 they shall ordain, conducted under the rules and regulations 
 in this section first mentioned, and- all such ordinances 
 may be from time revoked, aniiulled or amended. 
 
 6. No person shall be received as a law student or no person to be 
 articled clerk by any barrister, unless he shall have ciel'oierkuniSis 
 successfullv passed the prescribed preliminary examination. >>« p^^ pieiimi- 
 
 1. " • i- T. 11 1. J ■ J • 1- il J!"*'7 examma- 
 
 or such examination as shall be ordained in lieu thereof tion, &c. 
 under the provisions of the last preceding section, and a i, 
 certificate of having passed such examination shall be 
 annexed to the articles of clerkship or duplicate thereof 
 not later than three months after filing the same.' 
 
 7. Every person applying to be examined previous to Notice for pre- 
 his being articled to a barrister shall notify the secretary "^1"^''^^^'"'™^' 
 of the Nova Scotia Barristers' Society in writing of his given, 
 intention to do so, one week before the date fixed for 
 
 such examination, and shall pay the .said secretary the f ee Fee for examina- 
 of ten dollars for such examination, for which fee a receipt''™' 
 shall be given 
 
 8. The term of service for law students and articled Term of service, 
 clerks shall be computed from the time of filing the articles'"''^'''""'"'*"'- 
 of clerkship or duplicate thereof with the secretary of the 
 
 Nova Scotia Barristers' Society, who shall give a receipt 
 therefor. 
 
1190 
 
 BARRISTERS AND ATTORNEYS. 
 
 [part III. 
 
 Chap. 108. 
 
 Intermediate ex- 
 amination. 
 
 Time of holdingf 
 examinations to 
 be appointed by 
 council. 
 
 ProvisioH for 
 examination of 
 country stu- 
 dents. 
 
 9. An examination shall take place once in every year, 
 to be called the intermediate examination, to which any 
 articled .clerk or law student may be admitted upon 
 payment of a fee of ten dollars to the said secretary, for 
 which a receipt shall be given, provided notice of intention 
 to be examined is given to the secretary in writing one 
 week before the date of the examination, or if such 
 candidate wishes to be examined elsewhere than in 
 Halifax, then two weeks before the date of the examination. 
 
 10. The time and place for holding the preliminary, 
 intermediate, and final examinations in each year shall be 
 appointed from time to time by the council of the said 
 society, and shall be published in two or more dail}- 
 newspapers in the city of Halifax continuously for one 
 month previous to the holding thereof, and in the case of 
 country students may be held in the towns where such 
 students may have prosecuted their studies, under the 
 supervision of an examiner to be appointed by the council 
 of the Bar Society, and such examiner, before entering 
 upon his duties as such, shall make an alBdavit before a 
 justice of the peace as follows : — ■ 
 
 I, A. B., of , appointed to hold the intermediate 
 
 examination of articled clerks at , do solemnly 
 
 swear that I have not communicated and will not communi- 
 cate to any person whomsoever any information with 
 respect to the nature or purport of the questions contained 
 in the examination papers to be used at the said intermediate 
 examination for students-at-law for the present year, nor 
 suffer nor permit an}' person whomsoever to have access to 
 or to inspect such examination papers until the opening of 
 such examination ; and further, that I will conduct the 
 said examination faithfully and impartially, and will not 
 knowingly suffer or permit any candidate _ at such 
 examination to bring into the examination room any books 
 or writings or memoranda to assist such candidate at such 
 examination. 
 
 A. B. 
 
 Sworn to before me at , in the County of , 
 
 this day of , A. D. 18—. 
 
 Final examina- 
 tion.- 
 
 , J. P. 
 
 Such affidavit shall be enclosed and returned with the 
 examination papers under seal to the secretary of the 
 Nova Scotia Barristers' Society. 
 
 11. Except as hereinafter by this Chapter provided, 
 no law student or articled clerk shall present himself for 
 final examination excepting when he is in the last year of 
 his term of service under articles, having first given notice 
 of his intention to attend such final examination at least 
 
TITLE XXill.] BARRISTERS AND ATTORNEYS. 1191 
 
 one week previous thereto, and having paid to the secretary Chap. 108. 
 
 the sum of twenty dollars for the general purposes of the 
 
 society, which sum shall be in lieu of all fees heretofore 
 
 paid to the society and to the prothonotary in connection 
 
 with the final examination of law students and articled 
 
 clerks, and their admission as barristers and attorneys, 
 
 and no person shall be admitted to such examination who 
 
 shall not produce a certificate of his having successfully 
 
 passed the intermediate examination hereinbefore provided, 
 
 or such examination as the council shall have ordained in 
 
 lieu thereof. 
 
 12. The secretary of the Wova Scotia Barristers' I'ortion of fee re- 
 
 O • i. 1 11 f. 1 • i- 1- • f> 1 turned in certain 
 
 bociety shall, alter each examination, prehminary or final, oases, 
 give the treasurer of said society a list of the names of all 
 candidates who, having given notice, failed to attend such 
 examination, or, having attended, failed to pass, and the 
 treasurer shall return to each of such candidates one half of 
 the sum previously paid by him. 
 
 13. Any law student of the full age of twenty-one QnaMeations 
 years who shall have served under articles of clerkship foi-^m/ssfon.'"' 
 a period of four years with a barrister, or who being at the 
 
 time of applying for final examination a bachelor of laws, 
 or having been at the time of being articled as such law 
 student a bachelor of arts of any college or university, shall 
 have served under such articles for a period of three 
 years, whether such articles are the original ones for the 
 whole term or a transfer thereof, or new articles for the 
 residue of such term, and shall not have been in any 
 employment other than attendance at an institution of legal 
 education, which would have the effect of interfering 
 with his reasonable attendance and service at the ofiice of 
 the barrister to whom he has been articled, to all of which 
 such barrister shall certify, and shall have passed the 
 prescribed preliminary, intermediate and final examinations, 
 or such examinations as shall under the provisions herein- 
 before contained be accepted in lieu thereof, and shall have 
 filed in the prothonotary 's office at Halifax satisfactory 
 certificates to that eflfect, together with a certificate of good 
 moral character from the barrister with whom he last 
 served, shall be admitted a barrister and attorney on taking 
 the following oath : 
 
 "I, A. B., do swear that I will truly and honestly 
 d«mean myself in the practice of a barrister, attorney, 
 eolicitor, or proctor in all and every of the courts of this 
 Province in which I shall be employed as such, according 
 to the best of my knowledge and ability. So help me 
 God." 
 
1192 , BARRISTERS AND ATTORNEYS. [PART III. 
 
 Chap. 108. 14. The admission of every student duly qualified for 
 Admissiorvwhen admission to the bar -shall be moved for by the president of 
 ♦°'"^™™'*'°''- the Nova Scotia Barristers' Society, or in his absence by 
 the vice-president, on any day during term, or on the first 
 or last days of the civil sittings at Halifax next preceding- 
 the date of the expiration of the articles of clerkship of 
 such student, or any time thereafter. 
 Death of barris- 1-5. In the cvent of the death of the barrister with 
 studratV'artT whom any law student is articled, such student may be 
 '='«'■ articled to another barrister, and having served the remain- 
 
 ing time required bjr law he shall be admitted an attorney 
 and barrister under this Chapter, on passing the usual 
 examination, 
 Certificates to be 16. The Certificates heretofore given by the prothono- 
 tiry"ot'^BaTrit-tary of the Supreme Court of Nova Scotia for the county 
 teis' Society, gf Halifax, relative to the admission of barristers and 
 attorneys, shall hereafter be given by the secretary of the 
 Nova Scotia Barristers' Society, whose certificate shall be 
 equivalent thereto ; and no fee shall hereafter be exacted 
 by said prothonotary for any services in connection with 
 the admission of barristers and attorneys except the fee of 
 fifty cents for signing and filing the rule of court for the 
 admission of such barrister and attorney, and the further 
 sum of fifty cents for each oath. 
 How students of 17. Notwithstanding anything hereinbefore' contained, 
 of the Domi'nion the Nova Scotia Barristers' Society may by special resolu- 
 Sere^T^Nova ^^""^ provide that any person who has been under articles 
 Scotia. of clerkship in any other province of the Dominion for the 
 
 saioe period that he would have been required to have 
 served under articles in this Province in order to be 
 admitted to final examination, may be admitted to the final 
 examination next after the passing of such resolution, and 
 any person so permitted to attend such final examination 
 who shall successfully pass the same shall be entitled to be 
 admitted a barrister of the Supreme Court of Nova Scotia, 
 on taking the following oath : 
 
 " I, A. B., do swear that I will truly and honestly 
 
 demean myself in the practice of a barrister in a,ll and 
 
 every of the courts of this Province in which I shall be 
 
 employed as such, according to the best of m}' knowledge 
 
 and ability. A. B." 
 
 Barristers of 18. A barrister of any court in Great Britain and Ire- 
 
 mitted to prac- land shall be entitled to be admitted to practice as a bar- 
 
 '"^'^' rister and attorney on filing a satisfactory" certificate of his 
 
 being a barrister at the time of application, and of his good 
 
 moral character; and a barrister or attorney of any court in 
 
 Her Majesty's colonies, and an attorney of any court in 
 
 Great Britain or Ireland, on filing a satisfactory certificate 
 
TITLE XXIII.] BARRISTERS AND ATTORNEYS. 1193 
 
 of his being a banister or attorney at the time of appliea- Chap. 108. 
 tion, and of liis good moral character, and also of his having 
 served as an articled clerk for a term equal to that herein- 
 before prescribed for articled clerks in this Province, and 
 who shall undergo a satisfactory examination as herein- 
 before provided for, shall be entitled to be admitted an 
 attorney on taking the foregoing oath : Provided however, 
 that barristers of Her Majesty's Supreme Court in any 
 of Her Majesty's dominions in which the same privileges 
 are extended to barristers of the Supreme Court of this 
 Province, on producing certificates of their admission and 
 of good moral character, shall be entitled to admission as 
 barristers of the Supreme Court of Nova Scotia. 
 
 19. Any one entitled to be admitted an attorney of the Attorney enti- 
 Supreme Court shall be entitled to be admitted a barrister ted abarriste?!' 
 as well. 
 
 20. No attorney shall permit any person, not an Eestriction as to 
 attorney, other than his articled clerk actually serving incessf&c" ^'° 
 his office, to sue out any writ or process, or to prosecute or 
 
 defend any action in his name. 
 
 21. Barristers of the Supreme Court shall be counsel, Barristers' prfv- 
 advocates, proctors and solicitors of the Court of Vicedrace, &o.'"^°^ 
 Admiralty 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 precedence therein as 
 they are entitled to in the Supreme Court, bi(t nothing 
 herein contained shall interfere with or affect the whole- 
 some control which the Queen's Courts are authorized to 
 exert over the several practitioners therein, or to prevent 
 such court from suspending, silencing, dismissing or striking 
 off the roll any barrister, advocate, attorney, solicitor or 
 proctor for malpractice or misconduct. 
 
 22. No barrister not actually practising his profession. Practising bar- 
 except only the Prothonotary at Halifax, being a barrister, havecierksf 
 shall take or retain any law student as an articled clerk. 
 
 23. No barrister or attorney shall have at any one ^^^''^^'J^o^^^'^- 
 time more than three articled clerks. limited. 
 
 24. Every barrister of the Supreme Court f)f this Pro- Barrister may 
 
 1^ ij_Ai 1 11 j_ e take acknow- 
 
 vince IS hereby empowered to take acknowledgments otiedgments. 
 married women of the execution 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 
 mai-ried women arid of the attestation of such witnesses, in 
 the same manner and to the same extent as a justice of the 
 peace is now authorized to do. No fee shall be charged or 
 taken by any barrister for services performed under this 
 section. 
 
1194 JUDGES, JUSTICES, ETC. [PART III. 
 
 Chap. 109. 25. The passing of the intermediate examination shall 
 Law8tu(jentarti-"ot be obligatory upon any law student under indenture 
 M^ 'i^Teed P'"®^^""^ to May, 1884, but any such law student may 
 not 'pass 'inter- attend such examination. 
 
 mediate exami- 
 nation. 
 
 CHAPTER 109. 
 
 OF JUDGES, JUSTICES, AND OTHER JUDICIAL OFFICERS. 
 
 Judge, 4;o., be- 1. No judge, justico of the peace, or person empowered 
 tof , no^dfs^^iaii- by law to exercise judicial functions, shall be incapable of 
 fiedfrom acting, g^g^j^g jjj ^j^g discharge of any judicial duties, in any cause, 
 matter, or proceeding, by reason of his being or having 
 been interested as one of several ratepayers, or as one of 
 any other class of persons liable, in common with others, 
 to contribute to, or to be benefitted by, any fund which 
 may be affected by the disposition or determination of such 
 cause, matter or proceeding. 
 
 Disqualification, 2. No disqualification, such as is referred to in the 
 jeotion. preceding section, shall be held to be a valid objection, 
 
 defence, or answer, to any decision, suit, or proceeding, 
 whether such decision was made before the tenth day 
 of March, A. D. 1882, or made thereafter ; provided, 
 however, that this Chapter shall not be held to apply to 
 any cause, matter, or proceeding in which proceedings 
 were before the tenth day of March, A. D. 1882, instituted 
 for the purpose of bringing the same on appeal to the 
 Supreme Court of the Province, 
 
 CHAPTER 110. 
 
 OF PETITION OF RIGHT. 
 
 Supreme Court The Supreme Court of this Province is hereby authorized 
 
 ance^o? matters and empowered to take cognizance of any matter under the 
 
 Act''re'iI™l"''tS -^ct, passed by the Parliament of Canada during its session 
 
 Bight "°° °' ^^ *be year 1875, intituled, " An Act to Provide for the 
 
 Institution of Suits against the Grown by Petition of 
 
 Right, and Respecting Procedure in Crown Suits," and to 
 
 administer the rights by such Act conferred in accordance 
 
 with the procedure therein defined. 
 
title xxiii.] supreme court of canada, etc. 1195 
 
 Chap. 111. 
 CHAPTER 111. 
 
 OF THE SUPREME COURT OF CANADA AND THE EXCHEQUER 
 COURT OF CANADA. 
 
 1. The Supreme Court of Canada, and the Exchequer spedai junadio- 
 Court of Canada, or the Supreme Court of Canada alone, fj,™ ''"'" ^ 
 according to the provisions of the Act of the Parliament of 
 Canada, known as "The Supreme and Exchequer Court 
 
 Act," shall have jurisdiction in the following cases : 
 
 (1.) Of controversies between the Dominion of Canada 
 and this Province. 
 
 (2.) Of controversies between any other Province of 
 .the Dominion which may have passed, or may hereafter 
 pass, an Act similar to this Chapter, and this Province. 
 
 (3.) Of suits, actions, or proceedings in which the 
 parties thereto by their pleadings, have raised the- question 
 of the validity of an Act of the Parliament of Canada, or 
 of an Act of the Legislature of this Province, when in the 
 opinion of the Supreme Court of Nova Scotia such question 
 is material, and in such case the said Supreme Court of 
 Nova Scotia shall, at the request of the parties, and may 
 without such request, order the case to be removed to the 
 Supreme Court, in order to the decision of such question. 
 
 2. In case sittings of the Court of Exchequer of Power of pre- 
 Canada are appointed to be held in any city, town, or place toocoupy'court 
 in which a court house is situated, the Judge presiding ''°°™^" 
 
 at any such sittings shall have in all respects the same 
 authority as a judge of the Supreme Court of Nova Scotia 
 at nisi prius in regard to the use of the court house, and 
 other buildings or apartments set apart in the county for 
 the administration of justice : Provided, however, that 
 nothing in this section shall be construed to deprive the 
 Supreme Court, or any County Court of Nova Scotia, or 
 any of the judges of said courts, of the use and authority 
 which said court, and the judges thereof, have heretofore 
 had and exercised of and over the court house, and other 
 buildings mentioned herein, during any terra or sittings of 
 the said Supreme Court of Nova Scotia. 
 
1196 limitation of actions. [paet iii. 
 
 Chap. 112. 
 
 TITLE XXIV. 
 
 OF THE LIMITATION OF ACTIONS. 
 
 CHAPTER 112. 
 
 OF THE LIMITATION OF ACTIONS. 
 
 Actions which 1. No action of assumpsit, trespass quare clausum 
 
 brought with- fregit, detinue, trover, replevin, debt grounded upon any 
 in SIX years. lending or contract without specialty, or for rent, account, 
 
 or upon the case, shall be brought but within six years next 
 
 after the cause of action. 
 
 A promise, to 2. In any action grounded upon simple contract, no 
 
 take a case out , ii, • i ii inn 
 
 of the Statutes, acknowledgment or promise by words only shall be 
 must bem wnt- jggjjjgj Sufficient evidence of a new or continuing 
 contract, whereby to take any case out of the operation 
 of the preceding section, or to deprive any party of the 
 benefit thei-eof, unless such acknowledgement or promise 
 shall be in some writing signed by the party chargeable 
 thereby, or his agent duly authorized to make such acknow- 
 cases of joint ledgmcut or promise ; arid where there shall be two or 
 
 contractors, co- • • l l 2. l i*'j_i j: 
 
 executors, &c. more jomt contractors or executors or administrators or 
 any such contractor, no such joint contractor, executor or 
 administrator, shall lose the benefit of the preceding 
 section by reason only of any written acknowledgment or 
 promise made or signed by any other of them, or by the 
 agent of any other of them. But nothing herein 
 contained shall alter or take away, or lessen the efiect of 
 any payment of any principal or interest made by any 
 person whomsoever ; and in any action to be commenced 
 against two or more joint contractors, or executors or 
 administrators, if it shall appear at the trial or otherwise 
 that the plaintiff though, barred by this provision as to one 
 or more of such joint contractors, or executors or adminis- 
 trators, shall nevertheless be entitled to recover against 
 any other of the defendants, by virtue of a new acknow- 
 ledgment or promise or otherwi.se, judgment may be given 
 and costs allowed for the plaintiff, as to such defendant 
 against whom he shall recover, and for the other defendants 
 against the plaintiff. • 
 
TITLE XXIV.] LIMITATION OF ACTIONS. 1197 
 
 3. If any defendant in an action on any simple Chap. 112. 
 contract, shall plead any matter in abatement, to the effect issue on piea in 
 that any other person ought to be iointlv sued, and issue "■'^''*™?^"* '<"" 
 
 1 ••! 1 1 I'.in ^ non-]oinder ua- 
 
 be joined on that plea ; and it shall appear at the trial, that der this chapter, 
 the action could not by reason of this Chapter be main-*^"^'"""*^' 
 tained against the other person named in such plea, the 
 issue joined in such plea shall be found against the party 
 pleading the same. 
 
 4. No endorsement or memorandum of any payment, Endoraements 
 written or made upon any promissory note, bill of exchange %£7al^ "°' 
 or other writing, by or on behalf of the partyto whom- 
 
 such payment shall be made, shall be deemed sufficient 
 proof 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 setoff due on 
 on simple contract, alleged by wa}' of set-off on the part of ^wn statute.'^ 
 any defendant, either by plea, notice or otherwise. 
 
 6. All actions of account, or for not accounting, and Limitation of ae- 
 suits for such accounts as concern the trade of merchandise &o"^° *'"'™" ■ 
 between merchant and merchant, their factors or servants, 
 
 shall be commenced and sued within six years after the 
 causes of 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 enforce- 
 able 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. 
 
 7. No action of trespass for assault, battery, wounding Actions which 
 
 . 1 , • .1 i. 1 1 require to be 
 
 or imprisonment, and no action on the case tor words, and brought with- 
 no action or prosecution for taking illegal interest, shall be ™ """^ y'^"'"'' 
 commenced but within one year next after the cause of 
 action, or after the offence committed. 
 
 8. Actions by or against minors, married women or Actions against 
 
 *^i ° -, •,!. ,1 1.1 . 1 minors, &c.,with- 
 
 persons insane, may be commenced within the like period in what time to 
 after the removal of the disability, as is allowed for bringing ^^''™"^''*- 
 the action in ordinary cases. 
 
 9. Actions against persons out of the Province may-*-^*^™^ ouf"of 
 be commenced within the like period after the return of i'rovince. 
 such persons as is allowed for bringing the action in ordi- 
 nary cases : Provided that where the cause of action or case ot joint 
 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 who 
 shall not be out of the Province at the time such cause of 
 action or suit accrued, by reason only that some other one 
 or more of such joint debtors was or were at the time 
 
1198 
 
 LIMITATION OF ACTIONS. 
 
 [part IIL 
 
 Chap. 112. such cause of action accrued, out of the Province; and 
 such person so entitled, as aforesaid, shall not be barred 
 from commencing and prosecuting any action or suit 
 against the joint debtor or joint debtors who was or were 
 out of the Province at the time the cause of action or suit 
 accrued, after his or their return into the Province, by 
 reason only that judgment was already recovered against 
 any one or more of such joint debtors who was not or were 
 not out of the Province at the time aforesaid. 
 
 When judgment 10. If in any action iudgment be given for the plaintiff, 
 
 reversed, &o., , ,, ,■' i i ■£ • j i. u 
 
 new action may and the Same be reversed by error, or it judgment be 
 I'nye^r.^""'"'" arrested after verdict, then the plaintiff may commence a 
 
 new action within one year after such judgment reversed 
 
 or arrested. 
 
 Limitation of 
 time in which 
 to make entry 
 or distress, or 
 bring action to 
 recover land. 
 
 Right of action. 
 when first ac. 
 crued. 
 
 On disposses* 
 sion. 
 
 On death. 
 
 Alienation. 
 
 LANDS, SPECIALTIES, ETC. 
 
 11. No person shall make an entry or distress, or bring 
 an action to recover any land or lent, but within twenty 
 years next after the time at which the right to make such 
 entry or distress or to bring such action shall have first 
 accrued to some person through whom he claims, or if 
 such right .shall not have accrued to any person through 
 whom he claims, then within twenty years next. after the 
 time at which the right to make such entry or distress or 
 to bring such action shall have first accrued to the person 
 making or bringing the same. 
 
 12. In the construction of this Chapter the right to 
 make an entry or distress, or bring an action to recover 
 any land or rent, shall be deemed to have first accrued at 
 such time as hereinafter is mentioned, (that is to say) : — 
 when the person claiming such land or rent, or some 
 person through whom he claims, shall, in respect of the 
 estate or interest claimed, have been in possession or in 
 receipt of the profits of such land, or in receipt of such 
 rent, and shall, while entitled thereto, have been dis- 
 possessed, or have discontinued such possession or receipt, 
 then such right shall be deemed to have first accrued at 
 the time of such dispossession or discontinuance of 
 possession, or at the last time at which any such profits or 
 rent were or was so received : when the person claiming 
 such land or rent shall claim the estate or interest of some 
 deceased person who shall have continued in such possession 
 or receipt in respect of the .same estate or interest until 
 the time of his death, and shall have been the last person 
 entitled to such estate or interest who shall have been in 
 such possession or receipt, then such right shall be deemed 
 to have first accrued at the time of such death : when the 
 person claiming such lands or rent shall claim in respect of 
 an estate or interest in possession granted, appointed, or 
 
TITLE XXIV.] LIMITATION OF ACTIONS. 1199 
 
 otherwise assured by any instrument (other than a will) Chap. 112. 
 to him, or some person through whom he claims, by a 
 person being in respect of the same estate, or intere.st in 
 the possession or receipt of the profits of the land, or in 
 receipt of the rent, and no pei'son entitled under such 
 instrument 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 or receipt by virtue of such instrument: when Reversionary 
 the estate or 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 
 such 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 possession ; and when the person claiming such land or Forfeiture or 
 rent, or the person through whom he claims shall havedluon. ° 
 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. 
 
 13. When any person shall be in possession or in Right when first 
 receipt of the profits of any land, or in receipt of any renttStat^ii*** 
 as tenant at will, the right of the person entitled subject 
 
 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 fiist 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 
 determin&d. Provided always, that no mortgagor or cestui 
 que trust shall be deemed to be a 'tenant at will, within the 
 meaning of this section, to his mortgagee or trustee. 
 
 14. When any person shall be in possession or receipt in case of tenant 
 of the profits of any land or in receipt of any rent, asy™^. ''*" **" 
 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 entry or distress or to bring an action to recover such 
 land or rent, shall be deemed to have first accrued at the 
 determination of the fiist of such years or other periods, or 
 at the last time when any rent payable in respect of such 
 tenancy shall have been received (which shall last happen). 
 
 15. No person .shall be deemed to have been in Mere entry not 
 possession of any land within the meaning of this Chapter sion?^ posees- 
 merely by reason of having made an entry thereon. 
 
1200 LIMITATION OF ACTIONS. [PART III. 
 
 Chap. 112. 16. No continual or other claim, upon or near any 
 Continual or land, sliall preserve any right of making an entry or 
 nouopre's'trvl distrcss, or of bringing an action. 
 
 right of entry. 
 
 Possession of one 17. When any, or more, of several persons entitled to 
 noT^to^be' pos- any land or rent as co-parceners, joint tenants, or tenants in 
 other" "' """common, shall have been in possession or receipt of the 
 entirety or more than his or their undivided share or 
 shares of such 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 the person or persons entitled 
 to the other share or shares of the same land or rent, such 
 possession or receipt shall not be deemed to have been the 
 possession or receipt of or by such last-mentioned person 
 or persons or of any of them. 
 Aoknowiedg- 18. When any acknowledgment of the title of the 
 
 given to person person entitled to any land or rent shall have been given 
 agentttobe'equi^to him or his agent in writing, signed by the person in 
 skin" or° recert P°®^®'''^'°'^ '^^ ^^ receipt of the profits of such land, or in 
 of rent. receipt of such rent, then such possession or receipt of or 
 
 by the person by whom such acknowledgment shall have 
 ' been given, shall be deemed, according to the meaning of 
 this Chapter, to have been the possession or receipt of or 
 by the person to whom or to whose agent such acknow- 
 ledgment shall have been given, at the time of giving the 
 same ; and the right of such last-mentioned person or any 
 person claiming through him, to make an entry or distress 
 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 such acknowledgment, or the last of such acknow- 
 ledgments if more than one, was given. 
 toS of"1" ^^- ^^ ^^ ^^^ ^^^^ ^^ which the right of any person to 
 fancy, &c., ai- make an entry or distress or bring an action to recover any 
 tTom terrain" land or rent shall have first accrued as aforesaid, such 
 t^on of disability, pgj,gojj gij^n jja^^g j^ggjj ^j^jg^. ^^^ ^f ^^^ disabilities 
 
 hereinafter mentioned, (that is to say,) infancy, coverture, 
 idiocy, lunacy, unsoundness of mind, or absence from the 
 Province, then such person, or the persons claiming through 
 him may, notwithstanding the period of twenty years 
 hereinbefore limited shall have expired, make an entry or 
 distress or bring an action to recover such 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 
 aforesaid shall have ceased to be under any such disability, 
 or shall have died (which shall have first happened). 
 rtiVbe'^brought ^^- '^° entry, distress, or action shall be made or 
 after forty years brought by anv pcrson who, at the time at which his right 
 
 from action ac-, i ti ^i- . • j. 
 
 orued. to make an entry or distress, or to bring an action to 
 
 recover any land or rent shall have first accrued, shall be 
 
TITLE XXIV.] LIMITATION OF ACTIONS. 1201 
 
 under any of the disabilities hereinbefore mentioned, or by Chap. 112. 
 any person claiming through him, but within forty years ~ 
 
 next after the time at which such right shall have first 
 accrued ; although the person under disability at such time 
 may have remained under one or more of such disabilities 
 during 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. 
 
 21. No action or suit or other proceeding shall be Mortgages and 
 
 11,, p 11 lep-acies, &c., 
 
 brought to recover any sum or money secured by any deemed satisfied 
 mortgage, judgment, or lien, or otherwise charged upon or **j^j.'"^ ^^ J^'^^^^" 
 payable out of any land or rent, at law or in equity, oranvst be paid or 
 legacy, but within twent}' years next after a present right in writing in the 
 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 
 proceeding 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. 
 
 22. No arrears of dower nor any damages on account No arrears ot 
 of such arrears shall be recovered or obtained by any abir\ft'e'?°*six 
 action or suit for a longer period than six years next bef ore y*'"'^- 
 
 the commencement of such action or suit. 
 
 23. No arrears of rent or of interest in respect of No arrears of 
 
 „ . . iii_i!ii rent or interest 
 
 any sum or money charged upon or payable out or any Jand shall be recover- 
 or rent, or in any respect of any legacy, or of any damages y^^'J.^ °'"®'' ^'^ 
 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 writ- 
 ing shall have been given to the person entitled thereto or 
 his agent signed by the person by whom the same was 
 payable or his agent. 
 
 24. All actions for rent upon an indenture of demise, Limitation in 
 all actions upon any bond or other specialty, and all actions JloJ^j™'*'' '■"' 
 of scire facias upon any recognizance, or actions for an 
 
 escape, or for money levied on any execution, and all 
 actions 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 
 77 
 
1202 LIMITATION OF ACTIONS. [PART III. 
 
 Chap. 112. say, the said actions for rent upon an indenture of demise 
 
 Actions on demi- or upon any bond or other specialty, actions of scire facias 
 
 ses,onbonds,&o. upon recognizance before the seventh day of May, A. D., 
 
 1876, or within twenty years after the cause of such 
 
 actions or suits, but not after ; the said actions by the party 
 
 Damages. griev'ed, within two years after the cause of such actions 
 
 other actions, or suits, but not after; and the said other actions within 
 
 six years after the cause of such actions or suits, but not 
 
 after: Provided that nothing herein contained shall extend 
 
 Actions under to any action given by any statute where the time for 
 
 statutes exempt- \3ringing such actioo is or shall be by any statute specially 
 
 limited. 
 
 Limitation in 25. If an}' person who is or shall be entitled to any 
 
 iunaoy,'"oover- such action or suit, or to such scire facias, is or shall be 
 from°Proviner ^^ ^^^ ^'"'"^ °^ ^'^J Huch causc of action accrucd within the 
 age of twenty-one years, feme covert, non compos mentis, 
 or out of the Province, then such person .shall be at liberty 
 to bring the same action, so as such 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 
 should according to the provisions of this Chapter have 
 done ; and if any person against whom there shall be any 
 such cause of action is or shall be at the time such cause 
 of action accrued out of the Province, then the person 
 entitled to any such cause of action shall be at libi-rty to 
 bring the same against such person within such times as 
 are before limited after the return of such person into the 
 Province. 
 
 Written aci<:now- 20. If any acknowledgment shall have been made 
 ptS*"''^'''' either by writing signed by the party liable by virtue of 
 such indenture, specialty, or recognizance, or his agent, or 
 by part payment, or part satisfaction on account of any 
 principal or interest being then due thereon, it shall and 
 may be lawful for the person entitled to such action to 
 bring his action for the money remaining unpaid, and so 
 acknowledged to be due, within twenty years after such an 
 acknowledgment by writing or part payment or part satis- 
 faction as aforesaid, or in case the person entitled to such 
 action shall at the time of such acknowledgment be under 
 such disability as aforesaid, or the party making such 
 acknowledgment be at the time of making the same out 
 of the Province, then within twenty years after such 
 disability shall have ceased as aforesaid, or the party shall 
 have returned into the Province, as the case may be ; and 
 the plaintiff in any such action on any indenture, .specialty 
 
TITLE XXIV.] LIMITATION OF ACTIONS. 1203 
 
 or recognizance may by way of replication state such Chap. 112. 
 acknowledgment, and that such action was brought within Aoknowiedg- 
 the time aforesaid to answer to a plea of this statute. mentmaybe 
 
 i stated in reply. 
 
 27. No claim which may be lawfully made at the certain claims 
 
 1 , , ■ , • ,1 not defeated bv 
 
 common law hy custom, prescription or grant, to any way shewing only 
 or other easement, or to any water-course, or the use of ^|*t*begaii mwe 
 any water to be enjoyed or derived upon, over or from any tii^o. 2" y«^'^ 
 
 J •/ I ' •' prsvious. 
 
 land or water of Our Lady the Queen, her heirs or 
 succe.ssors, or being the propetry of any ecclesiastical or lay 
 person, or body corporate, when such way or other matter 
 as herein last before mentioned shall have been actually 
 enjoyed by any person claiming right thereto without 
 interruption for the full period of twenty years, shall be 
 defeated or destroyed 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 ma}"- 
 be deteated in any other way by which the same is now indefeasible if 
 liable to be defeated ; and where such way or other matter |gj°^^^^ °™'' 
 as herein last before 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 that purpose by 
 deed or writing. 
 
 2S. When the access and use of light to and for any Access and use 
 dwelling-house, work-shop, or other building shall have °or"2o'5ea"ri°?n'i 
 been actually enjoj'ed therewith for the full period of '*^'®^''''^- 
 twenty years without interruption, the right thereto shall 
 be deemed absolute and indefeasible, any local usage or 
 custom to the contrary notwithstanding; unless it shall Exception, 
 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 Halifax, 
 not extend to the city of Halifax, 
 
 29. Each of the respective periods of years in the Terms of years, 
 twenty-seventh and twenty-eighth sections mentioned shall and what''''a'?!ti 
 be deeijned and taken to be the period next before somej"^!^^'^^^''^^''" 
 sijit or action wherein the claim or matter to which such prescription, 
 period may relate shall have been or shall be brought into 
 question ; and no act or other matter shall be deemed to 
 be an interraption within the meaning of this Chapter, 
 unless the same shall have been or shall be submitted to or 
 acquiesced in for one year after the party interrupted shall 
 have had or shall have notice thereof, and of the persoa 
 pj9,kJng or authorizing the same to be made. 
 
1204 
 
 LIMITATION OF ACTIONS. 
 
 [PAKT III. 
 
 Chap. 112. 30. In the several cases mentioned and provided for 
 No presumption in sections twenty-seven and twenty-eight of this Chapter, 
 admissible on pg nresumption shall be allowed or made in favor or 
 
 proof of enjoy- "^ . j. ^ i • r c li. 
 
 nient for less support 01 any claim, upon proof or the exercise or enjoy- 
 soribed'by Chap- ment 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. 
 
 31. The time during which any person otherwise 
 capable of resisting any claim to any of the matters in 
 sections twenty-seven and twenty-eight mentioned shall 
 have been or shall be an infant, idiot, non compos mentis, 
 fem,e covert, or tenant for life, or during which any action 
 or suit shall have been pending, and which shall have been 
 diligently prosecuted, until abated by the death of any 
 party or parties thereto, shall be excluded in the computation 
 of the periods hereinbefore mentioned, except only in cases 
 where the right or claim is hereby declared to be absolute 
 and indefeasible. 
 
 32. When any land or water upon, over, or from 
 which any such way or watercourse or use of water in the 
 twenty-seventh section mentioned shall have been or shall 
 be enjoyed or derived, hath been or shall be held under or 
 by virtue of any term of life or any term of years exceeding 
 three years from the granting thereof, the time of the 
 enjoyment of any such way or other matter as herein last 
 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 determination of such term be 
 resisted by any person entitled to any reversion expectant 
 on the determination thereof. 
 
 Claims of Her 33. No claim for lands or rent shall be made by Her 
 Slryea.^""*^'' Majcsty but within sixty years after the right of action to 
 recover such lands or rent shall have accrued. 
 
 Time during 
 which party 
 could not act 
 through in- 
 fancy, &c., not 
 to be compu- 
 ted against 
 him. 
 
 Exception. 
 
 Terms of years, 
 &c., excluded 
 f rum computa- 
 tion. 
 
title xxv.] suits against executors, etc. 1205 
 
 Chap. 113. 
 
 TITLE XXY. 
 
 OF SUITS AND PROCEEDINGS IN CERTAIN 
 
 CASES. 
 
 CHAPTER 113. 
 
 OF SUITS AGAINST EXECUTORS, ADMINISTRATORS, AND 
 TRUSTEES. 
 
 1. Actions of trespass, or trespass on the case, may be within what 
 maintained by executors or administrators for any injury ^"^^^y bring 
 to the real estate of the deceased, committed within six?'°*!°" '™ '": 
 
 1 • 1-1 j» I'll! 1 juries to real 
 
 months previous to his decease, for which the deceased estate of de- 
 might have maintained such action, provided the action be ""^^^ 
 brought within one year after his death; and such actions 
 shall be instituted and maintained in the like manner as 
 the decea,sed could have instituted and maintained the same 
 in his lifetime. 
 
 2. Actions of trespass, or trespass on the case, may be witwn what 
 
 • i.'j • L J.1Z J. T • ' L 1. ^ £ time actions of 
 
 maintained against the executors or administrators or a trespass, &e., 
 deceased person, for any injury done by him in his lifetime ^?^g^j''™"fy' 
 to the real or personal property of another; so as suchjore. .*"., for 
 injury shall have been committed within six months before by deceased, 
 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 main-|^'='jo"s. "j*. 
 tained at common law against any executor or administrator. aWe against. 
 
 executors, &c. 
 
 4. Every legatee may recover the amount and value of Legacies, *o., 
 
 hi • 1. 1 ± L ^ £ ..I. recovered by ac- 
 
 is legacy, annuity or bequest, at common Jaw, from the tion at common 
 
 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 main- Executor being 
 tain an action at common law for money had and received "ay "uJhS'co^ 
 or otherwise, against his co-executor, and may in like manner executor. 
 
 sue foi' and recover his ratable part thereof; and any other 
 residuary legatee shall have the like remedy against an 
 executor. 
 
 6. When two or more persons are named executors in Executors to 
 a will and any of them shall neglect or refuse to act, and ha3"not™been 
 probate shall be granted to the other or others of them, it ^^be' named 
 shall not be necessary to name the executor who has so '" ^".v suit. 
 
1206 SUITS AGAINST EXECUTORS, ETC. [PART III. 
 
 Chap. 113. refused or neglected, in any action or suit relating to the 
 estate. 
 
 Executors, 4c., 7. Executors, administrators and trustees, unless where 
 
 authorized to in- , , . ^. ,11 , . - n , . , , , • 
 
 vest in deben- otherwise directed by the will or other instrument creating 
 tures, &o. ^jjg trust, are hereby authorized to invest money and funds 
 
 in their hands, or under their control, in the Government 
 Savings Bank, or in Dominion or Provincial debentures ; 
 and the production of such Dominion or Provincial deben- 
 tures, or other evidences of money so invested and deposited, 
 shall be held equivalent to the production of the amount 
 of money actually paid by any such executor, administrator, 
 or trustee. 
 
 Proceedings on 8. TJpon the petition of any trustee appointed by deed, 
 trastees,"&o. ° or of any executor appointed a trustee by any last will, 
 asking his discharge from the trust or executorship, a judge 
 of the Supreme Court may direct such preliminary inquiry, 
 and with such notices to parties interested as he shall think 
 fit, as to the terms upon which the resignation of such trustee 
 or executor should be accepted ; and the Supreme Court or 
 any judge thereof may thereafter pass such order for the 
 discharge of such trustee or executor as a due regard to his 
 wishes and interest, and to the rights and interests of the 
 persons interested in the execution of the trust, may require. 
 
 Removal of trus- 9. A petition may be presented in like manner, by any 
 ' ' person interested in the execution of a trust, asking for the 
 
 removal of any trustee or executor, and a like inquiry may 
 be thereupon had, and such order passed by the Supreme 
 Court or any judge thereof as a due regard to the rights 
 and inteiests of the trustee or executor, and of the parties 
 interested in the execution of the trust, may require. 
 
 Appointment of 10. The Supreme Court or any judge thereof, shall 
 new trustees, jj^yg f y]] power to appoint a new trustee in place of a 
 trustee or executor so discharged or removed, or of any 
 trustee removed from the jurisdiction of the court, or in 
 case of the death, until ness or incapacity of a trustee, and 
 upon such terms as to security for the due execution of 
 the trust as shall be deemed necessary ; and when in 
 consequence of such resignation or removal there shall be 
 no acting trustee, the court or any judge thereof in their 
 discretion may appoint new trustees, or cause the trust to 
 be executed by one of the officers of the court under their 
 direction. 
 
 Coats, how paid, 11. The court may direct the costs of any proceedings 
 under the three last sections to be taxed and paid out of 
 the trust funds, or otherwise, as they shall think proper. 
 
title xxv.] trusts and trustees. 1207 
 
 Chap. 114 
 CHAPTER 114. 
 
 OF TRUSTS AND TRUSTEES. 
 
 1. The several words hereinafter named are herein Definition of 
 used and applied as follows respectively, that is to say : ^''™^' 
 
 The word "seised" shall be applicable to any vested" seised." 
 estate for life, or of a greater description, and shall extend 
 to estates at law or in equity, in possession or in expect- 
 ancy, in any lands. 
 
 The word "possessed" shall be .applicable to any vested " Possessed." 
 estate less than a life estate at law or in equity, in posses- 
 sion or in expectancy, in any lands. 
 
 The words " trust " and " trustee " shall extend to and "Trust." 
 include implied and constructive trusts, and shall extend'""^™'*"' 
 to and include cases where the trustee has some beneficial 
 estate or interest in the subject of the trust. 
 
 The term "the court" shall mean the Supreme Court of "Tiie court." 
 Nova Scotia. 
 
 All other words not hereinbefore defined but hereinafter construction of 
 used shall be construed as nearly as may be in the sense Anedf °°* ^^ 
 in which corresponding words are defined in the English 
 "Trustee Act of 18.50." 
 
 2. Where any infant shall be seised or possessed of any Case of infant 
 lands upon any trust it shall be lawful for the Supreme may make oTer' 
 Court to make an order ve.sting 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. 
 
 3. When any person solely seised or possessed of any if trustee out 
 lands upon any trust, shall be out of the jurisdiction of the coui-t^may m'ake 
 court, or cannot 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 had 
 duly executed a conveyance or assignment of the lands in 
 the same manner and for the same estate. 
 
 4. When any person shall be seised or possessed of any Joint trustee 
 lands jointly with a person out of the jurisdiction of the?^n.°' ^"""*'''" 
 court, or who cannot be found, it shall be lawful for the 
 
 court to make an order vesting the lands in the person so 
 jointly 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 
 
1208 TRUSTS AND TRUSTEES. [PART III. 
 
 Chap. 114. jurisJiction, or who cannot be found, had duly executed a 
 
 conveyance or assignment of the lands in the same manner 
 
 and for the same estate. 
 
 Ill case ot doubt 5. Where there shall have been two or more persons 
 
 trustee was sur- jointly seised or posse.ssed 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 conveyance 
 
 or assignment of the lands in the same manner and for the 
 
 same estate. 
 
 In case it is Q, Where anv one or more persons shall have been 
 
 not known whe- ., -t p ii , l i-i_ 
 
 ther trustee last seised or possessed or any lands upon any trust, and it 
 or^dead'.^ ''"'"^ shall not be known, as to the trustee last known to have 
 been seised or possessed, whether he be living or dead, 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 last trustee had duly executed a conveyance or assign- 
 ment of the lands in the same manner and for the same 
 estate. 
 
 In case tnistee 7. When any person seised of any lands upon any 
 wTthout'hd^'tr trust shall have died intestate as to such lands without an 
 iICt'kr?awn'^™'''' '^^^''' *^'' ^'^^'^ have died and it shall not be known who 
 is his heir or devisee, 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 heir or devisee of such trustee had 
 duly executed a conveyance of the lands in the same 
 manner and for the same estate. 
 
 In ca^e trustee 8 Where any person jointly or solely seised or 
 
 to pe^reor" en^ possessed of an}' lands upon any trust shall, after demand 
 
 titled. by a person entitled to require a conveyance or assignment 
 
 thereof, or his lawful agent, have stated in writing that he 
 
 will not convey or assign the same, or shall neglect or 
 
 refuse to do so for twenty-eight days next aftei a proper 
 
 deed for that purpose shall have been tendered to him, it 
 
 .shall 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 had duly executed a conveyance or 
 
 assignment in the same manner and for the same estate. 
 
 converted '"into ^' Where lands subject to a trust have been or shall 
 money by opera- be Converted into money by the operation of any law 
 
 tion of laws re- , .. , ., i. i ii i • , i 
 
 lating to rail- relating to railways, such money shall be considered as 
 "''■'''• land for the purposes of this Chapter, and shall be dealt 
 
TitLE XXV.] TRUSTS AND TRUSTEES. 1209 
 
 •with as nearly as may be in conformity with the provisions Chap. 114. 
 theieof. 
 
 10. In every case where the court shall under this Court may wd- 
 Chapter be enabled to make an order having the effect of ^o^vU"'™ *" 
 a conveyance or assignment of any lands, it shall be lawful 
 
 for the court, should it be deemed more convenient, to 
 
 make an order appointing a person to convey or assign 
 
 such lands; and the conveyance or assignment of the Effect of convey- 
 
 person so appointed shall, when in conformity with the™''^' 
 
 terms of the order by which he is appointed, have the 
 
 same effect in conveying or assigning the lands as an order 
 
 of the court would in the particular case have had under 
 
 this Chapter. 
 
 11. An order under any of the hereinbefore contained Person's upon 
 provisions concerning any lands subject to a trust, may be JJo° m-derFmay 
 made upon the application of any person beneficially ^^ '"*''''■ 
 interested in such lands, whether under any disability or 
 
 not, or upon the application of any person duly appointed 
 as a trustee thereof. ' 
 
 12. Where any person shall deem himself entitled to F'^''^"" ''ppiy^s 
 
 IP 1 1 ) 1 • /-^i I 1 ^^^ order, to ob- 
 
 an order trom the court under this Chapter, he may tain certificate 
 exhibit before any one of the masters of the court a, "' ""''''''■ 
 statement of the facts whereon such order is sought to be 
 obtained, and adduce evidence in support thereof ; and if 
 such evidence shall be satisfactory to the master, he shall 
 give a certificate under his hand of the several material 
 facts found by him to be true, and of his opinion that such 
 person is entitled to an order in the form set forth in such 
 certificate. , 
 
 13. Any person who shall have obtained such certificate Motion thereon. 
 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. 
 
 14. Any person so entitled to apply for an order may, Mayappiybyw- 
 should he so think fit, present a petition in the first instance davit. 
 
 to the court for such order as he may deem himself 
 entitled to, and may give evidence by affidavit or otherwise 
 in support of such petition before the court, and may serve 
 such person as he may deem entitled to service thereof. 
 
 15. The court may upon the hearing of such petition Proceedings up- 
 direct a reference to a master to inquire into any facts t^n^^&"°*^ ''®'"' 
 which require such 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. 
 
1210 
 
 TRUSTS AND TRUSTEES. 
 
 [part III. 
 
 Chap. 114. 
 
 Costs, 
 
 When facts 
 proved, court 
 may make or- 
 der. 
 
 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 
 thereupon in conformity with this Chapter. 
 
 17. Whensoever, either by the evidence or the admis- 
 sions of the parties, or by a report of a mastei, the facts 
 necessary for an order under this Chapter shall appear to 
 the court to be sufficiently proved, the court may, either 
 upon the hearing of the cause or of any petition or motion, 
 make such order under this Chapter. 
 
 Order founded ] 8. Whenever any order shall be made unrler this 
 ?noapaStyoTab- Chapter for the purpose of conveying or assigning any 
 to'bee'vid*Sce'of '^.nds, and such order shall be founded on an allegation of 
 matter aUeged, the personal incapacity of a trustee, or on an allegation 
 that a trustee is out of the jurisdiction of the court, or 
 cannot be found, in such case the fact that the court has 
 made an order upon such an allegation shall be conclusive 
 evidence of the matter so alleged in any court of law or 
 equity upon any question as to the legal validity of the 
 order : Provided that nothing herein contained shall prevent 
 the court directing are-conveyance or re-assignment of any 
 lands conveyed or assigned by any order under this 
 Chapter ; and it shall be lawful for the court to direct any 
 of the parties to any suit concerning such lands to pay any 
 costs occasioned by the order under this Chapter, when the 
 same shall appear to have been improperly olDtained. 
 
 19. When, in any suit in such court, it shall be made 
 to appear by affidavit that diligent search and inquiry has 
 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 therein against ever}- person who shall appear to 
 them to be only a trustee, and not otherwise concerned in 
 interest in the matter in question, in the same manner as 
 if such trustee had been duly served with process, and 
 had appeared and filed his answer thereto, and had also 
 appeared by his counsel and solicitor at the hearing of 
 such cause : Provided always that no such decree shall bind 
 any person against whom the same shall be made without 
 service of process upon him, 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 
 otherwise, than as a trustee. 
 
 20. Any person shall have power to assign personal 
 property now by law assignable, including chattels real, 
 directly to himself and another person or persons or 
 
 Proceedings 
 when process 
 cannot be 
 served on 
 trustee. 
 
 AssigTiment of 
 personal proper- 
 ty. 
 
TITLE XXV. J TEUSTS AND TRUSTEES. 1211 
 
 corporation, by the like means as he might assign the Chap. 114. 
 same to another. 
 
 21. The bovd fide payment to and the receipt hv an y Payment of pur- 
 
 ,1 1 , i"iii chase or mort- 
 
 person to whom any purchase or mortgage-money shall be gage-money. 
 payable, upon any express or implied trust, shall eifectually 
 discharge the person paying the same from seeing to the 
 application, or being answerable for the misapplication 
 thereof; unless the contrary .shall be expressly declared by 
 the instrument creating the trust ot security. 
 
 22. No trustee, executor, or administrator, making any Acts done under 
 payment, or doing any act bond fide under or in pursuance ney.^"^ o a or- 
 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 had done some act to avoid the power. 
 Provided, that the fact of the death, or of the doing of 
 such act as last aforesaid at the time of such payment or 
 act bovdfide done as aforesaid by such trustee, executor, 
 or administrator, was not 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 
 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, 
 ■executor, or administrator, if the money had not been paid 
 away under such power of attorney. 
 
 23. Where an executor or administrator shall have Distribution of 
 given such or the like notices, as in the opinion of thetor*or''admta^^ 
 court in which such executor or administrator is sought to*"'^**"'- 
 
 be charged, would have been sufficient in the Court of 
 Probate, for creditors and others 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 intestate, 
 or any part thereof, amongst the parties entitled thereto, 
 having regard to the claims of which such executor or 
 administrator has then notice, and shall not be liable for 
 the as.sets, 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 maj' be; but nothing 
 in this Chapter contained shall prejudice the right of any 
 creditor or claimant to follow the assets, or any part 
 thereof, into the hands of the person or persons who may 
 have received the same respectively. 
 
1212 TRUSTS AND TRUSTEES. [PART III. 
 
 Chap. 114. 24. Every deed, will, or other instrument creating a 
 Liability of tras- trust either expres.sly or by implication, shall, without 
 money™aotuaiiyP''®J'^'^i<^^ *'° *^® clauses actually Contained therein, be 
 received. 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, 
 stocks, 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 insufficiency or deficiency of any stocks, funds, or 
 securities, nor for any other loss, unless the same shall 
 happen through their own wilful default respectively ; and 
 also that it may be lawful for the trustees or trustee for 
 the time being of the said deed, will, or other instrument, 
 to reimburse themselves or himself, or pay or discharge out 
 of the trust premises all expenses incurred in or about the 
 execution of the trusts or powers of the said deed, will, or 
 other instrument." 
 Trastees, guar- 2-5. Under an order to be obtained from the court upon 
 mortgige' S grounds laid to the satisfaction of the court, it shall be 
 estate for re- j^^j^^j f^^ trustces, guardians, and others standing in a 
 fiduciary relation, to mortgage real estate or portions 
 thereof for the purpose of putting, keeping and maintain- 
 ing the same in proper repair. And mortgages so made 
 shall operate as securities to the holders in the same way 
 and to the same extent as if made by the parties whose 
 Court may ap- interests are represented by the mortgagors. Provided that 
 ?o°r repairs. '"^^^ the court shall have power to apportion the charge for 
 repairs, including interest on the sum borrowed, to and 
 among the parties interested in the property, as may be 
 just and equitable. 
 
 On application to 26. When any person shall under this Chapter apply 
 
 orto thc'ser^oe to a master in the first instance, and adduce evidence for 
 
 dismisa'°"'wiai"*^^*'*^"'"? ^ Certificate as foundatiori for an order, the 
 
 costs. master may order service of such application on any person, 
 
 or dismiss it, and direct the costs of any person consequent 
 
 thereon, when taxed by a judge, to be paid by the appli- 
 
 orders, how en- cant ; and all Orders of a master under this Chapter shall 
 
 be enforced by execution when directed by a judge. 
 
 Court may order 27. The coiirt may Order the costs and expenses of 
 
 costs to be paid ii,- , jt j_'l' i t • 
 
 out of proceeds and relating to the petitions, orders, directions, conveyances, 
 
 *" ^' and assignments, to be made in pursuance of this Chapter, 
 
 or any of them, to be paid and raised out of or from the 
 
TITLE XXV.] TRUSTS AND TRUSTEES. 1213 
 
 lands or the rents or produce thereof, in respect of which Chap. 114. 
 the same respectively shall be made, or in such manner as 
 the court shall think proper. 
 
 28. Upon any petition under this Chapter to the court may post- 
 court, it shall be lawful for the court to postpone making ?i^ht°ot^a petl 
 any order upon such petition until the right of theJ^T/uH;*"'''"'"* 
 petitioner shall have been declared in a suit duly instituted 
 
 for that purpose. 
 
 29. In cases where real estate has been or shall here- "^pp"™*"?^"* °* 
 
 « , , , _ . , , „ new trustees for 
 
 alter be conveyed in trust tor erecting thereon houses tor church lands 
 
 public worship, or dwelling or other houses or buildings menUspro^v'ided 
 
 intended for the accommodation of ministers of the Gospel'*"'- 
 
 or clergymen officiating or engaged to officiate for any 
 
 church or congregation of Christians, and the mode of 
 
 appointing new or other trustees than the grantees is 
 
 provided 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, if any, shall 
 
 make or shall have made any deed or conveyance to the 
 
 newlj' -appointed trustee, in order to invest him with the 
 
 estate, 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 
 
 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 
 
 grantees : Provided that the terms or conditions for such 
 
 appointment are duly complied with. 
 
 30. Whenever the mode of appointing new or otherwhere appoint- 
 trustees than the grantees is not provided for in the deed ^^^ for.* ^'° 
 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 be 
 lawful for the members of the church or congregation 
 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 from the 
 pulpit of the church for two consecutive Sundays preceding 
 such m-eeting, or by printed notices posted in one or more 
 conspicuous places in and about the house of public worship 
 of such church or congregation for such two preceding 
 Sundays, which published or printed notices 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 
 
12U ARBITRATION. [pART III. 
 
 Chap. 115. 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 declaration 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 alwaj-s 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 congregation, .shall be filed with the clerk 
 of the municipality for the county where such real estate 
 is .situate within one month 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 eflfect. 
 
 New trustee ap- 31. When in and by any trust deed the cestui que trust 
 
 pointed by ccstiit, , • .. j. ,. ■ c i.u j iu j; 
 
 qM trust. has power to appoint a new trustee in case or the death ot 
 
 the old trustee, and such appointment is made according to 
 the terms of said deed, all the property, rights, powers and 
 authorities mentioned in said deed shall thereupon vest in 
 said new trustee. 
 
 CHAPTER 115. 
 
 OF ARBITRATION. 
 
 Power of arbi- 1. The power of arbitrators appointed under a rule or 
 
 revo°cSiie; judge submission Containing an agreement that it should be made 
 
 for awardf *'""* ^ rule of the Supreme Court, shall be irrevocable, unless 
 
 the court or a judge shall otherwise order ; and the court 
 
 or a judge may enlarge the time for making an award 
 
 thereunder. 
 
 Attendance of 2. In any casc referred to arbitration, whether by rule 
 
 enforced!' °^ of court or Otherwise, the arbitrators shall have power to 
 
 issue subpoenas for the attendance of witnesses before them 
 
 Punishment for at any time or place therein named ; and any person on 
 
 subp(ena.°°° °' whom any such subpoena shall have been served, and who 
 
 shall have been tendered such fees for travel and attendance 
 
 as are fixed by law for witnesses in the Supreme Court, 
 
 shall be liable, in case of disobedience of such subpoena, to 
 
 the same puni.shment and liabilities £|.s if the said subpoena 
 
 had issued from the Supreme Oouvt for the attendance of 
 
 the witne.ss at a trial therein. 
 
 Production of 3. No person shall be compelled to produce under any 
 
 ocuments. ^^^^ ^^ order any writing or document that he would not 
 
 Witness need not be Compelled to producc at a trial, nor to attend on, more 
 
 attend more than ,i . ', . i 
 
 two days. than two consecutive days. 
 
TITLE XXV.] AEBITRATION. 1215 
 
 4. Arbitrators so appointed may administer oaths to Chap. 115. 
 
 the witnesses. Arbitrators can 
 
 swear witnesses. 
 
 5. When arbitrators are appointed under a submission Justices may a4- 
 not containing any agreement that it shall be made a rulerartaincas^es.^'" 
 of court, any justice of the peace may administer oaths to 
 
 the witnesses in the presence of one or more of the 
 arbitrators. 
 
 6. If it be made to appear, at any time after the Power of court 
 issuing of the writ, to the satisfaction of the court or a appilcatfon to'di^ 
 judge, upon the application of either party, that the mattei'^gf'^/t^i"!^^*'"" 
 in dispute consists wholly or in part of matters of mere 
 
 account which cannot conveniently be tried in the ordinary 
 way, it shall be lawful for such court or judge upon such 
 application, if they or he think fit, to decide such matter 
 in a suQimary manner, or to order that such matter either 
 wholly or in part be referred to an arbitrator or arbitrators 
 appointed by the parties, upon such terms as to costs and 
 otherwife as such court or judge shall think reasonable ; 
 and the decision or order of such court or judge, or the 
 award or certificate of such referee, shall be enforceable by 
 the same process as the finding of a jury upon the matter 
 referred ; and in case the parties or either of them shall 
 not within the time specified in the order appoint 
 arbitrators, it shall be lawful for the court or judge to 
 appoint one or more arbitrators, to whom the cause shall 
 be referred. 
 
 7. If it shall appear to the court or a judge that the special case may 
 
 1, j-11 !• i.-1-j. -i. ts stated and 
 
 allowance or ciisallowance or any particular item or items question of tact 
 
 in such account depends upon a question of law fit to be*™**' 
 
 decided by the 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 heiein before provided, it shall be lawful for such 
 
 couit 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. 
 
 8. It shall be lawful for the arbitrator, upon any Arbitrator may 
 compulsory reference under this Chapter, or upon any f^^^ special 
 refeience by consent of 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 
 according to the opinion of the court. 
 
1216 AEBITEATXON. [PART III. 
 
 Chap. 115. 9. If upon the trial of any issue of fact by a judge 
 
 Power of judge under this Chapter, it shall appear to the judge that the 
 
 «on"lf Sme'of 1"®'''''°"^ arising thereon involve matter of account which 
 
 tiiai- 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 appointed 
 
 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 certificate of a 
 
 referee before trial ; and it shall be competent for the judge 
 
 to proceed to try and dispose of any other matters in ques- ■ 
 
 tion, not referred, in like manner as if no reference had 
 
 been made. 
 
 Sre'^and'^power ^^- '^^^ proceedings upon any such arbitration or 
 of arbitrator, 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 arbitrator 
 and of the court, the attendance of witnesses, the production 
 of documents, enforcing or setting aside the award, and 
 otherwise, as upon a reference made by consent under a 
 rule of court or judge's order. 
 
 Power of judge H. In case of any such arbitration or reference as 
 matter for re- af oresaid the court or a judge shall have power at any time, 
 a?bftrat'OT.'°"''''^"d from time to time, to remit the matters referred, or 
 any or either of them, to the re-consideration and re-deter- 
 mination of the said arbitrator or referee, upon such terms 
 as to costs and otherwise as to such court or judge may 
 seem proper. 
 
 Application to 12. All applications to set aside any award iriade on a 
 
 Bet aside awar . compulsory reference under this Chapter, shall and may be 
 made to the court or a judge within one month next following 
 the publication of the award to the parties, whether made 
 in vacation or term ; and if no such application is made, or 
 if no rule is granted thereon, or if any rule granted thereon 
 is afterwards discharged, such award shall be final between 
 the parties. 
 Enforcing of 13. Any award made on a compulsory reference under 
 
 period for set- this Chapter may by authority of a judge, on such terms 
 ting them aside. ^^ ^^ -j^^^ ^^^ secm reasonable, be enforced at any time 
 after seven days from the time of publication, notwithstand- 
 ing that the time for moving to^et it aside has not elapsed. 
 
 Objections to 14. Where a notice of motion to set aside an award is 
 
 stated in" no^ given, the Several objections thereto intended to be insisted 
 tioe ef motion, qu ^t the time of moving shall be stated in general terms 
 in the notice. 
 
TITLE XX V.J ARBITRATION. 1217 
 
 15. Wlienevpr the parties to any deed or instrument in Chap. 115. 
 writing to be hereafter made or executed, or any of them.i,, action com- 
 shall agree that any then existina; or future differenees™™°«<* .^y °"f, 
 
 I 1 PI 1 II 1 I • party after all 
 
 between them or any of them shall be referred to arbitra- have agreed to 
 
 i • 1 If J I i ■ • arbitration, court 
 
 tion, and any one or more or the parties so agreeing, or or judge max 
 any person or persons claiming through or under him or^^^^ proce«i- 
 them, shall nevertheless commence any action against the 
 other party or parties, or any of them, or against any 
 person or persons claiming through or under him or them 
 in respect of the matters so agreed to be referred, or any 
 of them, it shall be lawful for the court in which the action 
 or suit is brought, or a judge thereof, on application by 
 the defendant or defendants, or any of them, before 
 appearance and defence or answer, upon being satisfied 
 that no sufficient reason exists why such matters cannot 
 be or ought not to be referred to arbitration according to 
 such agreement 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 necessary 
 and proper for causing such matters so to be decided by 
 arbitration, to make a rule or order staying all proceedings 
 in such action or suit, on such terms as to costs and other- 
 wise as to such court or judge may seem tit: Provided 
 always that any such rule or order may at any time after- 
 wards be discharged or varied as justice may require. 
 
 16. If in any case of arbitration the document autho- on failure ofp.ar- 
 rizing the reference provide that the reference shall be to a the judge mar 
 single arbitrator, and all the parties do not, after differences tStor°umpire«r 
 have arisen, concur in the appointment of an arbitrator ; or""'"'^ arbitrator: 
 if any appointed arbitrator refuse to act, or become incapa- 
 ble 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 appoint an umpire or third arbitrator ; 
 or if any appointed umpire or third arbitrator refuse to act, 
 or become incapable of acting, or die, and the terms of the 
 document authorizing the reference do not show that it was 
 intended that such a vacancy should not be supplied, and 
 the parties or arbitrators 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 be, 
 with a written notice to appoint an arbitrator, umpire or 
 third arbitrator respectively ; and if withia seven clear 
 days after such notice shall have been served no arbitrator, 
 umpire or third arbitrator be appointed, it shall be lawful 
 78 
 
1218 ARBITRATION, [PAKT III. 
 
 Chap. 115. for the conrt or 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 respec- 
 tively 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. 
 
 When reierence 17. When the reference is or is intended to be to two 
 tratore and one arbitrators, one appointed by each party, it shall be lawful 
 Pnt,'the'°thei-for either party, in case of the death, refusal to act, or 
 "^"int rbitr to^"^^P**^^''y ''^ ^'^^ arbitrator appointed by him, to subst,i- 
 to act alone. tute a new arbitrator, unless the document authorizing the 
 reference show that it was intended that the vacancy 
 should not be supplied; and if on such a reference one 
 party fail to appoint an arbitrator, either originally or by 
 way of sub.stitution 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 to 
 act as sole arbitrator in the reference, and an award made 
 by him shall be binding on both parties as if the appoint- 
 ment had been by consent : Provided, however, that the 
 court or a judge may revoke such appointment on such 
 terms as shall seem just. 
 
 When reference 18, When the reference is to two arbitrators, and the 
 tore,'they^''inay ''6''™^ of the document authorizing it do not show that it 
 appoint an um- ^as intended that there should not be an umpire, or 
 provide otherwise for the appointment of an umpire, the 
 two arbitrators may appoint an umpire at any tiiiie within 
 the peiiod during which they have power to make a^ 
 award ; unless they be called upon by notice as aforesaid 
 to make the appointment sooner. 
 
 Award to be 19. The arbitrator acting under any such document or 
 
 months"unies8 compulsory Order of reference as aforesaid, or under any 
 eni'a?ge'th''e°'«ml. °''^^'' referring the award back, shall make his award under 
 his hand, and unless such document or order respectively 
 shall contain a different limit of time, within three months 
 after he shall have been appointed, and shall have entered 
 on the reference, or shall have been called upon to act by a 
 notice in writing from any party; but the parties or their 
 attorne3's may by consent in writing enlarge the term for 
 making the award : and it shall be lawful for the court, of 
 which such submission, document, or order is or may be 
 made a rule or order, or for any judge thereof, for good 
 cause to be stated in the rule or order for enlargement, from 
 time to time to enlarge the term for making the award ; 
 
TDITLE XXV.] ARBITRATION. 1219 
 
 and if no period be stated for the enlargement in such Chap. 115. 
 
 consent or order for enlargement, it shall be deemed an 
 
 enlargement for one month; and- in any case where an 
 
 umpire 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. Rule , to delivot 
 ■document, or order of reference as aforesaid, directs that K^pHreuaut'ta 
 possession of any lands or tenements capable of being the toK^aai^'^iiz- 
 subject of an action of ejectment shall be delivered to anym™* in oj«ot- 
 party, either forthwith or at any future time, or that™™ 
 
 any su-ch party is entitled to the possession of any such 
 lands or tenements, it shall be lawful for the court or a 
 judge to order any party to the reference who shall be in 
 possession of any such lands or tenements, or any person 
 in 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, pursuant to the award ; and such rule or 
 order to deliver possession shall have the effect of a 
 judgment in ejectment against every such party or person 
 named in it; and execution may , issue, and possession 
 shall be delivered by the sheriff as on a judgment in 
 ejectment. 
 
 21. Every agreement or submission to arbitration by submission in 
 consent, whether by deed or instrument in writing nof^g^^^^ ^j 
 under seal, may be made a rule of court on the application «•"!'' ""'.^sf " 
 
 ,, 1 1 1 , 1 • . contrary* inton- 
 
 ■or any party thereto 4 unless such agreeinen't or submisiontion appear, 
 contain words purporting that the parties intend that it 
 shall not be made a rule of court. 
 
 22. Where, a submission has been made a rule of theouediejice toan 
 Supieme 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, 
 
 23. The judge taxing the costs of any cause referred Fee* to arwtra- 
 under this Chapter shall allow such fees to the arbitrators^^n'taxauo^f 
 Making the award as he may think reasonable, '^^^ 
 
1220 compensation to families. [paet iii. 
 
 Chap. ]16. 
 
 CHAPTER 116. 
 
 OF compensation to the families of persons killed 
 
 BY accident. 
 
 Where death 13 1. Whensoever the death of a person shall be caused by 
 
 Sri^oUTOS, the wrongful act, neglect, or default of another, and the 
 
 ha™ blenSie^*^''' neg'^ct, or default is such as would (if death had not 
 
 to action for ensued) have entitled the party injured to maintain an 
 
 •ofdec°eas6d,6haii action and recover damages in respect thereof; then, and 
 
 TOnhnue to be jj^ every.such case, the person who would have been 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 shall have been caused under such 
 
 circumstances as amourtt in law to felony. 
 
 Such actions 2. Every such action shall be for the benefit of the 
 
 peraon^repre- wife, husband, parent or child of the person whose death 
 
 iTendiit^'re'i" shall have been so caused, and shall be brought by and in 
 
 lives otdeoeased. the name of the executor or administrator of the person 
 
 Measure and deceased ; and in any such action the jury may give such 
 
 damoges. damages as they may thinlc proportioned to the injury 
 
 resulting from such death to the parties respectively for 
 
 whom and for whose benefit such action shall be brought ; 
 
 and the amount so recovered, after deducting the costs not 
 
 recovered (if any) from the defendant, shall be divided 
 
 among the before-mentioned parties in such shares as the 
 
 jury by their verdict shall find and direct. 
 
 Only one ac- 3. Not more than one action shall lie for and in 
 twelvemonths. rBspect of the Same subject-matter of complaint, and every 
 
 such action shall be begun within twelve months after 
 
 the death of such deceased person. 
 
 Plaintiff should 4. In every such action the plaintiff on the record 
 
 paSiiiira**ith shall, with the writ of summons, deliver to the defendant 
 
 summons. qj. jjjg attorney full particulars of the person or persons for 
 
 and on behalf of whom such action shall be brought, and of 
 
 the nature of the claim in respect of which damages shall 
 
 be sought to be recovered. 
 
 ^°arent"^d ^' ^^ *^^^ Chapter the word "parent" shall include 
 
 "child" in father, mother, grand-father, grand-mother, step-father and 
 this Chapter, gtep-mother ; and the word "chili" shall include son, 
 daughter, grand-son, grand-daughter, step-son and step- 
 daughter. 
 
title xxv.] securing the liberty of the subject. 1221 
 
 Chap. 117 . 
 CHAPTER 117. 
 
 OF SECURING THE LIBERTY OF THE SUBJECT. 
 
 1. The Act of the Imperial Parliament, passed in the certain Acts of 
 thirty-first vear of the reign of King Charles the Second liamentTo' have 
 entitled, " An Act for the Better Securing the Liberty of t'JS"^'"*'"^'^ 
 the Subject and for the Prevention of Imprisonment 
 
 Beyond the Seas," and the Act of the iTnperial Parliament, 
 passed in the fifty-sixth year of the reign of King George 
 the Third, entitled, " An Act for More Effectually Securing 
 the Libert}' of the Subject," and all Acts of the Imperial 
 Parliament passed in addition to, or amendment of, or on 
 the same suVject as the said recited Acts, or either of them, 
 shall have full force and effect in this Province as far as 
 the same are applicable therein; and the Supreme Cou rt ■""•'g^s <>' so- 
 
 1 1.1 -1 1 I* 1 1 1 • 1 prenie Court 
 
 and the judges thereof have the same authority and power same power as 
 over cases within the purview of such Acts here as the JanF^ "" ^"* 
 courts mentioned in such Acts and the judges thereof have 
 in England; and the rights and remedies, and the wghts, &o., oon- 
 
 11.,. ,, , ^ 1 ,.. p « 1 ferred on inhabi- 
 
 obligations, punishments and penalties conferred and tantsofthisPro- 
 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 Acts were re-enacted 
 and specially extended to the courts, judges, officers, and 
 persons within this Province. 
 
 2. The preceding enactment shall not be construed to ^"^t ^ecuon not 
 abrogate or abridge the remedy by the writ of habeas ooToman law 
 corpus at common law, but the same exists in full force, ^fpuj." " *"" 
 and is the undoubted right of the people of this Province ; 
 
 and in all motions and proceedings on writs of habeas 
 
 corpus, where parties are charged on preliminary arrest 
 
 with criminal offences, or where the care and custody of 
 
 infant children are concerned, the judges of the Supreme supreme court 
 
 Court shall deal therewith according to the principles of we pi^nd^eT 
 
 equitable jurisprudence and the exigencies of the case. 
 
 3. The writ of habeas corpus, w-hether under statutt;^"*"' ™''^' 
 or common law, may be applied for to and be granted by by ' Supreme 
 a judge of the Supreme Court, returnable before himself thereo?.'' *^ 
 or returnable before the court, and may be applied for to 
 
 and may be granted by the court, returnable to itself or to 
 
 a judge at chambers in vacation. And where it would be who' may give 
 
 attended with unnecessary delay, expense or inconvenience X'ld°of"writ'" 
 
 to bring in the body of a party illegally restrained of his 
 
 liberty before the court or judge, the court or any judge of 
 
 the Supreme Court, upon sufficient cause shown, or by or 
 
 on behalf of any person confined in any jail or prison, may, 
 
 in their discretion, and they are hereby empowered. 
 
1222 SECURING THE LIBERTY OF THE SUBJECT. [PAET III. 
 
 Chap. 117. (instead of granting fiat for a writ of habeas corpus cum, 
 cauf-d requiring the keeper of such jail or prison to bring 
 the prisoner before the court or a judge in order that the 
 legality of such imprisonment may be inquired into and 
 discharge, bailment or recommitment had thereon), by 
 rule of the court, or by order of the jud^'e in writing, 
 signed by him with his name, addition of office, and place 
 of residence, to require and direct such keeper to return ta 
 the court or to the judge whether or not such person in 
 detained in prison, together with the day and cause of his 
 having been taken and detained. 
 Keeper to make 4. It shall be the duty of such keeper immediately 
 «iptof ordfiJ"^ upon the receipt of such rule or order to make a true and 
 full return in writing to the court, or to snch judge, of the 
 day and cause of such taking and detention to the same 
 effect as a return to a writ of habeas corpus would now be 
 made ; such return always to include a copy of the process, 
 warrant or order, upon which the said prisoner is held,, 
 where the same is of a criminal naj;ure, or upon any 
 summary complaint or conviction before any justice of the 
 peace ; and such judge may enforce obedience to such order 
 Kcturn, how by process of contempt, in the same manner as he may 
 enforced. cooipel proper return to be made to a writ of habeas corpus. 
 
 Proceedings 5. Upon retum to such order, the court or judge may 
 
 returnf^^^"^* proceed to examine into and decide upon the legality of the 
 imprisonment, and make such order, require such verifica- 
 tion, and direct such notices or further returns in respect 
 thereof as may be deemed necessary or proper for the 
 purpose of justice ; and may by rule of court or by order 
 in writing signed as aforesaid, require the immediate 
 discharge from prison, or may direct the bailment, of such 
 prisoner in such manner and for such purpose and with the 
 like effect and proceeding as is now allowed upon habeas 
 corpus ; such bail when ordered to be entered into before 
 any justice of the peace, specially named in such order, or 
 any ju.stice of the county or place where there is no such 
 nomination. 
 Keeper to com- 6. It shall be the duty of such keeper immediately 
 "('"prisoner" and upon the receipt of any rule of court or order of a judge in 
 turmshcopy. relation to a prisoner in custody, to communicate the same 
 to such prisoner and to give him a true copy thereof if 
 demanded, and to obey the requirement of the same. 
 Court or judge 7. In all cascs, whether under statute or at common 
 ductio'n'"orpro law, or Under the provisions of this Chapter, it shall be 
 mentsf ftcfand '^^f u' fo'" *^® court or a judgc to require the production of 
 inquire into the all such proceedings, documents and papers relating to the 
 
 truth of returns. F .*,„ , rr a 
 
 matter in question, berore whomsoever and in whose 
 possession soever, as to the court or judge may appear 
 
TITLE XXV.] SECURING THE LIBERTY OF THE SUBJECT. 1223 
 
 npcessary for the elucidation of the truth, and may also Chap. 117. 
 examine into the truth of the return to any writ of habeas 
 ■corpas, or rule or order granted under thi.s Chapter, in the 
 same manner as such examination is provided for in cases 
 under the before mentioned Act of Parliament, passed in the 
 fifty-sixth year of the reijjjn of King George the Third. 
 
 8. Every wilful neglect or disobedience of a rule ofNegieot or dis- 
 
 , ,• 1 i> • -\ . li* , • obedience pun- 
 
 court, or the order or a judge in r-elation to a prisoner, ished as a oon- 
 shall be punishable by fine and imprisonment, or either, at*°"P*- 
 the discretion of the court, as for a contempt. 
 
 9. The matter of the return made to the order of a Return may be 
 judge may be heard and decided on by any other judge of another judge. ' 
 the Supreme Court; who shall have the same power and 
 jurisdiction in respect thereof as the judge by whom the 
 
 first order was made. 
 
 10. No order made under this Chapter shall require order not to 
 
 11,1 1 J. - . 1 • . T 1 ^ , 1 enable keeper to 
 
 or enable the keeper or any jail or prison to discharge the discharge for 
 
 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 in case of other 
 
 between the time of making the return and receiving an 
 
 order for the discharge or bailment, any other warrant, 
 
 process or order shall have been delivered to him, requiring 
 
 the detention of the prisoner upon any charge of a criminal 
 
 nature, or summary complaint or conviction, such keeper 
 
 shall without any further order make and transmit to the 
 
 court or a judge an additional return, with a copy of such 
 
 warrant, process or order, and the time of receiving the 
 
 same, which may be dealt with by the court or judge as if 
 
 made pursuant to an order for that purpose granted. 
 
 Provided that no person who may have been falsely Nothing herein 
 
 imprisoned shall be deprived or restrained from his remedy 'em^dy'^o^f^ party 
 
 by civil suit against any person who may have illegally ™p™°°^'^- 
 
 caused such imprisonment; but the court or judge by order of exemp- 
 
 whoni relief may be afforded may by order exempt any '°"° ^^''"' 
 
 such keeper of a jail from civil suit who may appear to 
 
 him to have acted upon the war-rant or order of any judge 
 
 or justice, according to the requirements of the same 
 
 without 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 
 
 brought against such keeper or notice given thereof as an 
 
 additional ground of defence under any Act of this Province 
 
 in such case made and provided. 
 
 11. Nothing herein contained shall be construed toNot to conflict 
 contravene or conflict with any legislation (intra wes/J^g^j^.tfo""™*'" 
 of the Parliament of Canada. 
 
1224 RELIEF OF INDIGENT DEBTORS. [PART IH. 
 
 Chap. US. 
 
 OHAPTEE 118. 
 
 OF THE RELIEF OF INDIGENT DEBTORS CONFINED IN JAIL. 
 
 Oommissioners ]. Commissioners for givinpf relief to inrligent debtors 
 
 appointed. confioed in jail shall be appointed by the Guvernor-in 
 Council ; and all commissioners heretofore appointed for 
 giving relief to insolvent debtors, and all commissiQners so 
 appointerl for taking affidavits to hold to bail and recogniz- 
 ances of bail, shall be commissioners for giving relief to 
 indigent debtors confined in jail within the meaning of this 
 Chapter, without any further appointment as such. 
 Application for 2. When any person imprisoned upon any writ of 
 ro^e' by "peti^ mesne process, execution or attachment for non-payment of 
 *^'' money, or for damages in actions of tort, issuing out of any 
 
 court, including the Probate Court, shall desire to take the 
 benefit of this Chapter, he shall exhibit a petition to a 
 judge or other officers as hereinafter mentioned, praying for 
 his discharge. Application shall be made to a judge of the 
 Supreme Court, or to two commissioners, in all matters 
 issuing out of the Supreme Court ; to a judge of the 
 County Court, or to two commissioners, in all matters 
 issuing out of the County or Probate Court ; or to two 
 commissioners or stipendiary magistrate, or to two justices, 
 in cases where the debtor is imprisoned under a capias or 
 execution issued by a justice or justices of the peace, or 
 stipendiary magistrate, or from any municipal or town 
 Schedule to ao- court. The petition shall be accompanied by a schedule of 
 SJ^'and what all the property, real and personal, of the debtor, except 
 to contain. such as shall be exempted from execution, of all debts due 
 or growing due to him, and of all securities by him held, 
 which might by any possibility be made available, or which 
 might become assets in the hands of his representatives, 
 and also, so far as the same can be obtained Viy the debtor, 
 a statement .showing the amount of his liabilities. 
 Summons there- 3. The ludge, iusticcs, stipendiary magistrate or com- 
 
 upon to issue. . . v. 11 ii I ii -iu • 
 
 missioners shall thereupon forthwith issue 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 discharged. 
 
 oopy of sum- 4. True copies of the summons and schedules shall be 
 
 mons and sche- , .it. i-j.i i i 
 
 duie.howaerved; served on the Creditor, his attorney or agent, or where a 
 """""'"""""■debtor is imprisoned at the suit of the down, on the 
 Attorney-General, at least forty-eight hours before the 
 time appointed for showing cau.se; and where the creditor, 
 his attorney or agent, or the Attorney-General shall reside 
 more than twenty miles from the place so appointed, 
 
TITLE XXV.] BELIEF OF INDIGENT DEBTORS. 1225 
 
 twentv-four hours additional shall he allowed for every ChaP. 118. 
 additional twenty miles. The service of such copies, _ if semoe, how 
 not admitted, must be proved on oath bv the person servingP™™"!- 
 the same, which oath may be administered by a justice of 
 the peace, and a further time may be allowed for the 
 examination, in the discretion of the judge or commissioners, 
 where the creditor himself has not been served. 
 
 5. In cases where the debtor is imprisoned under process service on agent 
 issued out of a court of justices of the peace, or that of any ^o^esidS"*!" 
 stipendiary magistrate, or from any municipal or town ^?f^«,^ °^^ °' J"*- 
 court, the notice required by the next preceding section, 
 
 may, in cases where the plaii^tiff is not resident in the 
 county, be served upon the agent at whose instance the 
 process was issued. If thei-e be no agent within the county, uo agent in 
 and if the plaintiff's place of residence be out of the^^'H^jI'^.^p^^'l, 
 Province or unknown, the notice may be left with theof residence 
 
 ,. ^. ,. ' ■ , , 1 • n ,. out of Province 
 
 justice or stipendiary magistrate whose name is hrst or unknown, 
 subscribed to the process, and the same shall be considered 
 a service upon the plaintiff. 
 
 6. At the time appointed the judge, justices, stipendiary Oath to be ad- 
 magistrate or commissioners shall, if desired by the creditor, quCred!"^^ 
 administer an- oath to the debtor in the following form : 
 
 "I, A, B., do swear that I will true answer make to all 
 such questions as shall be asked me on this examination." 
 
 7. The judge, justices, stipendiary magistrate, or com- Order for dis- 
 missioners shall give an order for the discharge of the signmenT°mi^e 
 debtor, unless in the cases hereinafter provided for, upon '^°*°**'^**''^°- 
 the debtor's making a full disclosure of his affairs and 
 
 making an assignment to the creditor in trust for the 
 payment of the debt, of his real and personal property, 
 except such property as shall be exempted from execution, 
 upon his taking and subscribing an oath to the following 
 effect : 
 
 "I, A. B.,'do swear that the schedule annexed to my Form of oath, 
 petition contains a true account of all the real and personal 
 estate which I or any person in trust for me at the time 
 of my petition had, or now have, or may hereafter haye, 
 except such property as is exempted from execution ; and 
 that I have not since my imprisonment or before, conveyed 
 in trust for myself or otherwise, except as in such schedule 
 mentioned, any part of my property whereby to defraud 
 any of my creditors. So help me God." 
 
 The taking of which oath may be waived by the confession may 
 creditor; and in case of imprisonment under mesne pro- e^/^'^^esn" 
 cess, if the judge, justices, stipendiary magistrate, orP^o^ss. 
 commissioners are satistied of the existence and amount of 
 the debt, the debtor shall sign a confession of judgment 
 
1226 RELIEF OF INDIGENT DEBTORS. [PART III. 
 
 Chap. 118. therefor, and shall do such other acts as the judge, justices, 
 stipendiary magistrate or commissioners shall direct. 
 
 ^''^^°.1 5;* *'"' 8. When a debtor is imprisoned at the suit of the 
 
 suitof tneCrowii, _, ii.-t ..'. -.. 
 
 how discharged. (Jrown, and the judge, justices, stipendiary magistrate, or 
 commissioners are satisfied of the insolvency of such 
 debtor, he or they shall certify the same, together with an 
 inventory 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 on behalf of Her 
 Majesty to the discharge of the insolvent, either with or 
 without an assignment of his property. 
 
 Dabtormay ho 9. Jf ^,\^^ creditor, or in his absence his attorney or 
 
 remanded on i n /. i . i . i p i ■ i • i- 
 
 affidavit. agent, shall forthwith, in the presence or the judge, justices, 
 
 stipendiary magistrate, or commissioners, make an affidavit 
 in writing, stating that he has good reason to be dissatisfied 
 with the account ffiven, and believes that the debtor has 
 not disclosed the whole truth, or has other property than 
 that by him admitted, the judge, justices, stipendiary 
 magistrate, or commissioners shall remand the debtor and 
 appoint another day for the further hearing of the matter, 
 and shall on that day again meet and discharge or remand 
 the debtor, or make such further order as the justice of 
 the case raa}' require. 
 
 In cases of fraud, IQ. When upon the examination of the debtor, or of 
 remanded for a any wituesscs that may be produced on either side, and 
 Stagoneyeari which witnesses shall be bound to attend on subpcEna as 
 iTMof iafuiraits ^'^ actions pending in the Supreme Court, the debt shall 
 appear to have been fraudulently contracted, or any 
 fraudulent circumstances have occurred in respect of such 
 debt, or on the refusal of the debtor to make a full dis- 
 closure of his affairs as provided for in this Chapter, or in 
 respect of the delay of payment thereof, or in respect of 
 the conduct of the debtor with regard to the disposition 
 of his property, or in cases of tort where the judge, justices, 
 stipendiary magistrate, or commissioners shall be of 
 opinion that such tort was wilful and malicious, the judge, 
 justices, stipendiaiy magistrate, or commissioners may 
 reruand 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 the end of 
 which time the debtor shall be discharged on makin" the 
 affidavit and assignment of his property before a judge, 
 stipendary magistrate, or any two commissioners or justices. 
 
 l^r'"frlud^"^t ^^- Where the judge, justices, stipendiary magistrate, 
 nesses' fees to be or commissioners shall remand the debtor for fraud, such 
 
 taxed against ■ i ... , . -,. . . , . - 
 
 debtor. Ji^dge, justices, stipendiary magistrate, or commissioners 
 
 shall tax the fees of witnesses attending on behalf of the 
 
TITLE XXIV.] RELIEF OF INDIGENT DEBTORS. 1227 
 
 creditor, and if not paid shall remand the debtor for such Ohap. 118. 
 further period as he or they may deem right. 
 
 12. The stipendiar}' magistrate, ju.stices of the peace. Decision at the 
 or commis.sfioners shall, at the close of the hearing, declare andappeaUhere^ 
 his or their decision, and if an appeal he demanded shall''"™- 
 make no order, but grant such appeal and remand the 
 debtor. 
 
 15. The debtor shall be entitled to an appeal as of ?**"'■ entitled 
 
 • i_ . • 1 i T • r*. T . 1 I. ^^ , . to^appeal as of 
 
 right, -without making any afhdavit therefor; but therfifht. 
 creditor, or in his absence his attorney or agent, demand- 
 ing an appeal, shall make an affidavit in writing that he is 
 dissatisfied -with the decision, and that the appeal is not 
 made for the purpose of delay only, but that substantial 
 justice may be done him therein. The court of appeal 
 shall hear and determine such appeal, and make such order 
 therein from time to time as it shall deem proper, such 
 orders being not inconsistent with this Chapter. 
 
 14. The stipendiary magistrate, iustices, or commis-p"'3™ce beiow 
 
 , ,, ^ 1 p 11 • 1 to be returned 
 
 Sinners shall return to the court or appeal the evidence to court of ap- 
 taken before him or them, which shall be used on such '"^^ ' 
 appeal: Provided always that the debtor or creditor shall 
 be at liberty to supplement such evidence by other addi- ^^y •>? suppic- 
 
 . , . *^ ^ * ^ mented, 
 
 tional testimony. 
 
 1.5. If on the appeal — where the creditor is the costs, Ac, may 
 appellant — the court of appeal shall confirm the decision of debtor "by court 
 the stipendiary magistrate, justices, or commissioners, the J'^^PPJ^^'g"' °"" 
 debtor shall be entitled to receive from the creditor the 
 sum of $1.00 per day for each and every day that the 
 debtor shall be confined in jail, from the date of such 
 decision to his final discharge, unless the court of appeal 
 shall determine and certify or cause the officer of such 
 court to certify that the appeal was not frivolous or vexa- 
 tious; and the court .shall also adjudge that the costs of 
 the appeal be paid to such debtor ; and the court of appeal 
 shall make an order to that effect, upon which execution 
 may issue to recover the amount. 
 
 16. The iudee, stipendiary magistrate, commissioners, Papers to be re- 
 
 . •' ° , I. 1 1 n i. 1 iu o turned to the Su- 
 
 justices, and the court or appeal shall return to the oupremepremeorCeunty 
 or County Court, as the case may be, of the county, all the^™'*- 
 papers connected with their proceedings on such applications 
 and appeals. 
 
 17. Upon receiving an order to that eff'ect from the Prisoner to be 
 judge, stipendiary magistrate, or commissioners, justices or o^'J-!''^^* ^^ 
 court of appeal, the officers in whose custody such prisoner 
 
 shall be, shall discharge him therefrom as regards the suit 
 expresised in the order. 
 
1228 RELIEF OF INDIGENT DEBTORS. [PART IH. 
 
 Chap. 118. 18. Where any person shall be discharged under the 
 Property of debt- provisions of this Chapter, any property owned by him at 
 »■• 'iaWe for the time of the judgment, or subsequently acquired, and 
 discharge. not in the posscssion of a bond fide holder without notice, 
 may nevertheless be levied upon for the debt under execu- 
 tion issued on the same judgment. 
 Sheriff's fees, 19. When an V person shall be discharged under the 
 tor" on'''\"'dit provisions in this Chapter, the party at whose suit he has 
 "^^^se. ^ been committed to jail shall be liable to pay the sheriff his 
 fees for the service, retuin and travel necessary in serving 
 the process under which the party was arrested. 
 Fees. 20. The fees mentioned in the schedule hereto shall 
 
 hereafter be paid to the stipendiary magistrate, commis- 
 sioners, and justices, for services in connection with the 
 relief of indigent debtors. 
 Penalty for re- 21. If any stipendiary magistrate, commissioner, or 
 fusaitoact. justice, on being tendered the above fees, shall refuse or 
 neglect to sign the order and attend the examination of the 
 debtor, he shall forfeit the sum of forty dollars, to be 
 recovered by the debtor oi- any other person who will 
 sue for the same as a piivate debt 
 Creditor may ap- 22. When any dcbtor is on the limits of the jail or 
 tor examinee^* confined in the jail building, and shall not have made an 
 a.ssignment, or his estate has not been placed in compulsory 
 liquidation under any Act of theDominion of Canada relating 
 to insolvency, and shall have made no application for relief 
 under thi.s Chapter, the creditor or person at whose suit the 
 debtor is under arrest may by petition apply to a judge, 
 stipendiarj' magistrate, two justices, or two commissioners, 
 as provided for in this Chapter, for an order or summons to 
 bring such debtor before him or them for examination, at a 
 time and place within the county therein named. 
 Warden in cer- 2'?. In cascs wherc a dcbtor is confined in jail 
 raiu upor credit under execution, and neglects or refuses or has neglected 
 debtor should n'ot"'' 'efu'ed for the period of three months to apply for his 
 be discharged discharge Under the provisions of this Chapter, it shall be 
 romcusoy. ]g^^,£y] £yj. j-j^g warden of the municipality in which the 
 debtor is confined to apply by petition to a judge, stipendi- 
 ary magistrate, two justices or two commissioners, as pro- 
 vided for by section 2 of this Chapter, to issue a summons 
 or order to the judgment creditor, or to the person at whose 
 instance he is in custody, requiring him to appear before them 
 to shew cause why said debtor should not be discharged from 
 custody on making the assignment provided for in this 
 Chapter. Any summons or order is to be made returnable at 
 the same time and to be served in the same manner as in 
 other cases ; but it shall not be necessary to annex the 
 schedule provided in this Chapter. 
 
TITLE XXV.] RELIEF OF INDIGENT DEBTORS. 1229 
 
 24. On receiving a summons or order under sections Chap. 118. 
 22 and 23, or a -written notice, signed by the judge. proceedings to 
 stipendiary magistrate, commissioners or justices issuing ^jj^sdebtor^be- 
 the summons or order, as the case may be, requiring 
 
 such debtor to be brought before them, it shall be the duty 
 of the sheriff or jailer in whose custody the debtor ma}' be 
 to bring him before the said judge, stipendiary magistrate, 
 commissioners or justices on the day appointed for a hear- 
 ing, and the debtor may be sworn and examined, and may 
 be discharged, remanded or imprisoned in the same way 
 and on the same terms as if he had himself petitioned for 
 his discharge, and in case the said judge, stipendiary magis- 
 trate, commissioners or justices shall order his discharge 
 from custody, it shall be the duty of the sheriff" or jailer 
 to discharge him accordingly. 
 
 25. If after hearing all parties interested, no sufficient Prooeedingra at 
 cause as provided in this Chapter shall be shewn against ^*""^' 
 
 his discharge, it shall be the duty of the judge, stipendiary 
 magistrate, justices or commissioners, on such debtor making 
 the assignment by law required, to sign an order for his 
 discharge from custody under the process expressed in the 
 said summons or order, and in case the debtor shall refuse 
 to make such an assignment, the judge stipendiary magis- 
 trate, justices or commissioners shall thereupon execute the 
 same, and it .shall have all the effect of transferring his 
 property, real and personal, as if the debtor himself had 
 executed the same, and thereupon he shall be discharged 
 from custody. 
 
 26. All acts performed by any judge of the County Acts of county 
 Court under Chapter 137 of the Revised Statutes, 3rd ^"^^^=^'""'*'"*- 
 series, for the relief of insolvent debtors, to the year 1878, 
 
 are hereby validated, and no action shall- be sustained in 
 respect thereof. 
 
 27. In all cases under process issued out of the Appeal provided 
 Supreme Court, the court of appeal shall be the Supreme °'^' 
 Court or a judge thereof, if the court be sitting, or a judge 
 
 be present in the county, at the time the decision appealed 
 from is- made ; and if the court be not sitting or there be 
 no judge present in the county at the time, then the court 
 of appeal shall be the County Court of the county where 
 the debtor is confined, or a judge of the County Court. In 
 all cases under process issued out of the county court, the 
 court of appeal shall be the County Court, sitting in the 
 county where the debtor is confined, or the judge thereof. 
 In matters and process issued out of the stipendiary or 
 justice's court, the court of appeal shall be the County 
 Court for the county where the debtor is confined, or the 
 judge thereof ; and in case no such judge at the time of 
 
1230 ESTREATS. [part III. 
 
 Cha?> 119. making such decision shall be in the county, or if he be 
 incapacitated by sickness, or unable to attend from press of 
 other business, then a special sessions of the peace shall be 
 the court of appeal. The special sessions shall be summoned 
 by the prothonotaiy or clerk, as the case may be, and 
 shall be held within three days, and shall consist of any 
 three justices not concerned in giving the decision. The 
 decision of the court of appeal shall be final. 
 
 SCHEDOLK or FBBa. 
 
 Each commissioner, on signing order $1 00 
 
 Each stipendiary magistrate or justice, on signing 
 
 order -50 
 
 If proceeding adjourned, same fees each day of 
 
 attendance. 
 
 Each commissioner, on signing final order 50 
 
 Each stipendiary magistrate or justice, on signing 
 
 final order » . . ^ . 25 
 
 CHAPTER 119. 
 
 OF ESTREATS. 
 
 Irecogiiizancee. 
 
 i)uj)llcate rolls 1. tTnless Otherwise provided, all fines and forfeited 
 
 and forfeited recognizances imposed or forfeited by or before the 
 Supreme Court in any county of the Province, and all 
 forfeited recognizances transmitted to or removed into the 
 Supreme Court, and filed with the prothonotary of the 
 county shall, in the county of Halifax, within twenty-one 
 days after the adjournment of such court, and in any other 
 county liefore the presiding judge leaves the county, be 
 fairly entered, and extracted on a roll by the prothonotary, 
 which roll shall be made out in duplicate, and shall be 
 signed by the prothonotary. 
 
 Rolls, how lo be 2. One of the said rolls shall remain deposited in the 
 
 disposed of. ^^^.g gf 4{^g prothonotary, and the other of such rolls shall, 
 
 as soon as the same is prepared, be sent by the prothonotary 
 
 with a writ of execution, according to the form in the 
 
 schedule to this Chapter, to the sherift of the county in 
 
 which such court was held. 
 
 Sheriff's author!- 3. Such Writ shall be' an authority to the sheriff for 
 
 flxeoutfbnr"' °' P''"*'®^'^'"^ ''^ ^^^ immediate levying and recovering of 
 
 such fines and forfeited recognizances on the goods and 
 
 chattels, lands and tenements of the several persons named 
 
 therein, or for taking into custody the bodies of such 
 
 persons respectively, in case sufficient goods and chattels, 
 
TITLE XXV.] ESTREATS. 1231 
 
 lands or tenements, cannot he found whereof the sums Chap. 119. 
 
 required can be made, and every person so taken shall be 
 
 lodged in the common gaol of the county until satisfaction 
 
 is made, or until the Supreme Court or a judge thereof, 
 
 upon cause shown by the party as hereinafter mentioned, 
 
 makes an order in the case, and until such order has been 
 
 fully complied with. 
 
 4. In every case of default whereby a recognizance Powers of court 
 
 hi_ rr'Li-ffil ji • J with respect to 
 
 as become loireited, ir the cause oi absence is made estreats. 
 
 known to the court, it may on consideration of such cause, 
 and considering also whether by the non-appearance of 
 such person the ends of justice have been defeated or 
 delayed, forbear to order the recognizance to be estreated, 
 and with respect to all recognizances estreated, and all fines 
 imposed by any court for the non-attendance of any juror 
 or constable, or of any public officer bound to attend at 
 any such court, if it appears to the satisfaction of the 
 judge who presided at such court that the absence of the 
 person for whose appearance any recognizance was entered 
 into, or that the absence of any person fined for non- 
 attendance, was owing to circumstances which rendered 
 such absence justifiable, such judge may make an order, 
 directing that the sum forfeited upon such estreated 
 recognizance or the fine impo.sed in any such case as 
 aforesaid, shall not be levied. 
 
 5. For such pui-pose the prothonotarj-, before sending Roll to be sub- 
 to the sheriff" any roll with a writ'of execution, as directed ™ding judge!"*' 
 by this Chapter, shall submit the same to the iudge who 
 presided in the count}' for his revision, and such judge may 
 
 make a minute on the said roll and writ of any such 
 forfeited recognizances and fines as he thinks fit to direct 
 not to be levied, and the sheriff shall observe the direction 
 in such minute written upon such roll or writ, or endorsed 
 thereon, and shall forbear accordingly to levy any such 
 forfeited recognizance or fine. 
 
 6. If upon any writ issued under this Chapter, theifndstaken,h6w 
 sherifl^ takes lands or tenements in execution, he shall sold, 
 advertise the same in like manner as he is required to do " 
 before th'e sale of lands in execution, in other cases, and no 
 
 sale shall take place in less than twelve months from the 
 time the writ comes to the hands of the .sheritf. 
 
 7. The prothonotary shall at the foot of each roll,Prothonotary to 
 made out as herein directed, make and take an affidavit in ^1"/^ "'"'^ ** 
 the following form, that is to say : — " J, A. B., prothonotary 
 
 of the Supreme Court at fname the county), make oath, 
 that this roll is truly and carefully made up and examined, 
 and that all fines and recognizances which were imposed or 
 forfeited at or by the court therein mentioned, and which 
 
1232 ESTREATS. [PART III. 
 
 Chap. 119. in riL'hfc and due course of law ought to be levied and paid, 
 are to the best of my undeistanding inserted in the said 
 roll, and that in the said roll are also contained and 
 expressed all such fines as have been paid to or received 
 by me, either in court or otherwise, without any v\rilful 
 dischai'ge, omission, misnomer, or defect whatever. So 
 help me God." Which affidavit any commissioner of the 
 Supreme Court for the county is hereby authorized to 
 administer. 
 
 Security may be 8. If any person on whose goods and chattels a sheriff 
 Svfed on. ''^'^°°" or other officer is authorized to levy any such forfeited 
 recognizance, gives security to the said sheriff or other 
 officer for his appearance at the return day mentioned in 
 the writ in the court into which such writ is returnable, 
 then and there to abide the decision of such court or a 
 judge, and also to pay such forfeited recognizance or sum 
 of money to be paid in lieu or satisfaction thereof, together 
 with all such expenses as may be adjudged and ordei'ed by 
 the court, such sheriff or officer shall discharge such person 
 out of custody, and in case such person does not appear in 
 pursuance of his undertaking, the court or a judge may 
 forthwith order a writ of execution to be issued against 
 the surety or sureties of the person so bound as aforesaid. 
 Court may order 9. The Supreme Court into which any writ of execu- 
 iso arge, o. ^j^^ under this Chapter is returnable, may inquire into 
 the circumstances of the case, and may in its discretion 
 order the discharge of the whole of the forfeited recog- 
 nizance or sum of money paid, or to be paid in lieu or 
 satisfaction thereof, and make such order thereon as to 
 such court appears just, and such order shall accordingly 
 be a discharge to the sheriff, or to the party according to 
 the circumstances of the case. 
 
 Duty of shcrifi 10. The .sheriff to whom any writ is directed under 
 
 *'''°'"™°'™*- this Chapter, shall return the same on the day on which 
 
 the same is made returnable, and shall state on the back 
 
 of the roll attached to such writ what has been done in 
 
 the execution thereof, and such return shall be filed in the 
 
 court into which such return is made. 
 
 Certified copy to 11. A copy of such roll and return, certified by the 
 
 ney^QOTe?^.""' prothonotary, shall be forthwith transmitted to the 
 
 Attorney-General of the Province, with a minute thereon 
 
 of any of the sums therein mentioned which have been 
 
 remitted by order of the court in whole or in part, or 
 
 directed to be forborne under the authority of this Chapter. 
 
 Sheriff to p&y 12. The sheriff shall withput delay pay over all money 
 
 wiv"ed!"°"°'' "' by him collected to the officer or person entitled to receive 
 
 such money under section 96 of chapter 171 of the Revised 
 
TITLE XXV,] ESTREATS. 1233 
 
 Statutes, third series, and the «aine shall lie appropriated in Chap. 119. 
 the manner mentioned in sectitjn 97 of said chapter. 
 
 13. The fees to be taken by the sheriff and prothono- ^''es. 
 tary respectively under this Chapter, shall be as follows : 
 
 PROTHONOTART, 
 
 Making wp estreats of each term $1 00 
 
 Enterinon and extracting -upon a roll. In dtiplicate, 
 
 the fines and forfeited recognizances, each 
 
 term, making oath to same, and transmitting 
 
 to the sheriff 2 00 
 
 Making out and delivering to the sheriff the writ of 
 
 execution thereon 50 
 
 Making out and' certifying copy of roll and return 
 
 of the sheriff, transmitting it to the Attorney 
 
 Oeneral ". 1 00 
 
 Drawing order of the judge to estreat and put in 
 
 suit 50 
 
 'SHERIFF. 
 
 Levying fines or recognizances estreated, the same 
 allowance as on executions in civil proceedings. 
 
 All such fees shall be a charge upon the county 
 or district treasury. 
 
 14. Whenever recognizances have been entered into Justices -to re- 
 befoi'e a justice or Justices of the peace, and have become anoes. "' 
 forfeited, it shall be the duty of the justice or justices 
 
 having the custody of such recognizances, to return the 
 same to the Supreir>e Court as soon as possible after such 
 forfeiture has been incurred, accompanied by a report of 
 the circumstances showing the forfeiture, and such recog- 
 nizances shall be deemed to have been removed into the 
 Supreme Court, within the meaning of the first section of 
 this Chapter, and shall be deal,t with in the manner 
 prescribed by this Chapter in respect to recognizances. 
 
 SCHEiaTJXiE. 
 
 •WRIT '©F DXEC'TTI'ION. 
 
 Victoria, by the Grace of God, &c , &c. 
 To the Sheriff of . 
 
 You are hereby commanded to levy on the goods and 
 chattels, lands and tenements, of all and singular the 
 persons mentioned in the roll or extract to this writ 
 79 
 
1234 ESTREATS. [FART HK 
 
 Chap. 119. annexed, all and singular the debts and sums of money 
 " upon them severally imposed and charged as therein is- 
 
 specified, and if any of tbe said several debts cannot bfr 
 levied, by reason of no goods or chattels, lands or tene- 
 ments, being to be found belonging to the said parties 
 respectively, then and in all such cases, that you take the 
 bodies of such parties, and keep them safety in the gaol of 
 your county, there to abide tbe judgm-ent of our Supreme- 
 Court, upon any matter to be shown by them respectively^ 
 or otherwise to remain in your custody as aforesaid, untili 
 such debt is satisfied, unless any of such persons respectively 
 give sufficient security for his appearance at the said court 
 on the return day hereof, for which you will be held 
 answerable, and what you do in tbe pi'eraises make appear 
 before us in the Supreme Court, on the first day of the- 
 
 next term (or sitting) at , and have then and- there- 
 
 this writ. 
 
 Issued the day -., A. D-., 18 — -. 
 
 CHAPTER 120. 
 
 OF INQUIRIES CONCERNING PUBLIC MATTERS, 
 
 Power confer- 1. Whenever the Governor-in-Council deems it. 
 
 red on persons t^j. • • i_ i -i • , t 
 
 conducting in- expedient to cause inquiry to be made into and concerning 
 *''"^^' any matter connected with the good government of the 
 
 Province, or the conduct of any part of the public business, 
 thereof, or the administration of justice therein, and such, 
 inquiry is not regulated by any special law, the Governor 
 may, by the commission in the case, confer upon tbe person, 
 or persons b}- whom such inquiry is to bo conduicted, the 
 power of summoning before him or them, any party or 
 witnesses, and of requiring them to give evidence on oath, 
 orally or in writing (or on solemn affirmation if they be 
 parties entitled to affi,rm in civil matters), and to pi-oduce 
 such documents and things as such person or persons deem 
 requisite to the full investigation of the matters into which 
 he or they are appointed to examine. 
 
 Commissioners 2. The Boai'd of Commissioners, kuown and designated 
 
 ties to ii'm such as "The Commls-sioners of Public Charities," and any one 
 
 powers, &o. of such Commissioners shall havc^ by law, at ail times, the 
 
 power mentioned in the foregoing section ; and the 
 
 Governor may by OrdeB-in-Council, and whenever he deem& 
 
 it advisable in the i.nterest of the public service,, confer the 
 
TITLE XXV.] INQUIRIES CONCERNING PUBLIC MATTERS. 1235 
 
 same power upon any other board,' body or person, demand- Chap. 120. 
 ing the same for the purpose of any inquiry requiring to 
 be made by such board, body or person. 
 
 3. The power thus conferred by law or by the E^f^"* °' such 
 Governor-in-Council in virtue of either of the preceding 
 sections, shall carry with it the same power to enforce the 
 attendance of such witnesses and to compel them to give 
 evidence, as is vested in any court of law in civil cases ; 
 but no such party or witness shall be compelled to answer 
 any question, by his answer to which he might render him- 
 self liable to a criminal prosecution or which he would not 
 be compelled to answer in a court of common law, or to 
 vroduce any papers or documents which he would not be 
 required to produce in such court. 
 
1236 
 Chap. 121. 
 
 WRIT OF DOWER. 
 
 [part ni. 
 
 TITLE XXVI. 
 
 OF CERTAIN PROCEEDINGS KELATING TO 
 REAL PROPERTY. 
 
 CHAPTER 12L 
 
 WJien widovr 
 may sue for 
 
 Fonii of writ of 
 do'.ver. 
 
 OF THE WRIT OF DOWER. 
 
 1. When the heii- or other person having the freehold 
 shall not, within one month next after demand made, 
 assign to the widow her reasonable dower, she may sue 
 for and recover the same by writ of dower. 
 
 2. The writ of dower shall be in the form in the 
 Schedule number One or to the like efiiect. 
 
 Older on absent 3. Whenever it shall be made to appear by affidavit 
 its effect" ™ to the Satisfaction of the court or a Judge that the heir or 
 other person having the freehold is absent from the 
 Province, so that a demand and personal service cannot be 
 effected on him, or that he is remaining abroad to evade 
 service, and that after due diligence and enquiry he has 
 failed to discover any agent of the defendant within the 
 Province, the court or a judge may make an order for the 
 defendant to appear and plead on a certain day to be 
 therein named, which order shall be published in the 
 Royal Gazette newspaper, and in one newspaper, if any, in 
 the county in which the freeholder lives ; or in such other 
 way and for such time as the court or a judge shall direct, 
 and the publication of such order shall be deemed good 
 service on such defendant, and the plaintifi shall be at 
 liberty to proceed in the action as if the defendant had 
 been personally served with a demand and process. 
 
 Damaffosfor 4. Upon judgment being given for the widow, 
 
 dower. ° reasonable damages shall be assigned to her from the time 
 of the demand made. 
 
 5. The writ of seisin thereon shall be in the form in 
 the Schedule number Two, or to the like effect. 
 
 6. The officer to whom the writ is directed shall cause 
 the dower to be set off by five freeholders of the neighbor- 
 hood, three of whom at least shall concur, who shall be 
 
 Fomi of writ 
 seisin. 
 
 Dower, 
 off. 
 
 how set 
 
TITLE XXVI. j WRIT OF DOWER. 1237 
 
 sworn before a justice of the peace to set forth the same Chap. 121. 
 impartially, without favor or affection, and as conveniently ~ 
 
 as may be. 
 
 7. Where no division can be made by metes or bounds, Endowment 
 the widow shall be endowed in a special manner as of a indivisible. 
 third part of the rents or otherwise. 
 
 8 A woman endowed of lands shall not commit or waste not to be 
 suffer waste thereon, but shall maintain the buildings with sufiered.^ 
 the fences and appurtenances in good repair, during her 
 term. 
 
 sch;edxji..es. 
 
 No. 1. 
 
 Writ of Dower. 
 
 SS. 
 
 Victoria, by the Grace of God, &c. 
 
 To the Sheriff of : 
 
 Command A. B., of in the said County, that he 
 
 forthwith render to C. D., who was the wife of E. D., late 
 
 of , deceased, her reasonable dower to which she 
 
 claims to be entitled, 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 with reasonable certainty,) which 
 was in the seisin and possession of her said husband E. D., 
 and whereof he was seised in his demesne as of fee during 
 the coverture, and whereof she has nothing (as she says) 
 and the said C. D. complains that the said A. B. ' has 
 deforced her thereof. And unless the said A. B. shall do 
 so, then summon the said A. B. to appear in our Supreme 
 
 Court at , within days after the service on 
 
 him of this writ, then and there to show cause why he 
 does not render to the said C. D. her reasonable dower as 
 aforesaid. 
 
 Whereof fail not, and make due return of this writ into 
 our said Supreme Court at . 
 
 Issued this day of , A. D. 18 — . 
 
 G. H., Prothonotary. 
 J. K., Plaintiff's Attorney. 
 
1238 
 
 WRIT OF DOWEE, 
 
 Chap. 121. 
 
 No. 2. 
 
 c 
 
 Writ of Seisin. 
 
 [part in. 
 
 Victoria, by the Grace of God, &c. 
 
 To the Sheriff of the County of -— — : 
 
 Whereas C. D., -widow, who waa the wife of E. D., late 
 
 of , deceased, before our Justices of our Supreme 
 
 Court at , on the day of — — — , A. D. 18—, 
 
 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 with 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 
 severalty by metes and bounds. We command you also, 
 that of the goods or chattels of the said A. B. within your 
 precinct, j'ou cause to be paid and satisfied unto the said 
 C. D., at the value thereof ia money, the sum of — ■■ —^ 
 for damages awarded her by our said couH 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 shown unto you, 
 or found within your precinct, to satisfy the same, we 
 command you to take his body and commit him to the 
 
 keeper of our gaol in , in the county aforesaid, 
 
 ■within the said prison : Whom we likewise command to 
 receive the said A. B. and him safely to keep, until he pay 
 unto the said 0. 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 of — , A. D. 18—. 
 
 G. H., Prothonotary, 
 J. K., Plaintiff"s Attorney. 
 
 Note. — Where no damages are awarded, the writ shall 
 run only for seisin and costs of suit 
 
flTLE lYVI.^ TPA^tmoif of TLAifBS. 1259 
 
 €hap. 122. 
 
 t>^ YHE 'I>AE*riTrON OP LANDS. 
 
 1. All persons holding lands as joint tenants, eoparce-t-ariitiohmayb 
 ^ers ot- tenan'ts in comtnoti, may be compelled to divide the ''"'°''"^*- 
 same, either by Writ oif partition at the common law, or in 
 
 the manner provided in tliis Chapter. 
 
 2. Any one or more of the persons so holding lands Proceedings to 
 may apply, by petition to the Supreme Gourt for the^; peStrn"''to 
 •county where the lands lie, for "a partition of the same ; s'"preme oourt. 
 and such 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 among theiu if there is mor^ than one person so 
 ■entitled. 
 
 3. Such petition may be maintained by any person Petition, by 
 "who has an estate in possession, but not by one who is^^S. """*"" 
 ■entitled only to a remainder or reversion. 
 
 i. No tenant for any term of years, unless twenty who may main- 
 years thereof at the least remain unexpired, shall maintain*"'" P'^''''°"- 
 ■such a petition against any tenant of the freehold ; but 
 when two or more persons hold jointly or in cominon, as 
 tenants for any term of years, either of them may have 
 ills share set off and divided from the others in the 
 ■same manner as if they had all been tenants of the 
 freehold. 
 
 5. Sach partition between two or more tenants for Dnration-bf par- 
 years shall continue in force only so long as their estatesitenant*^f or years" 
 •endure, and shall not affect the premises when they revert 
 to th« respective landlords or revisioners. 
 
 tj. Every' petition for a partition shall set forth the Contents of pcw- 
 'rights and titles, so far as known to the petitioner, of all '""■ 
 persons interested in the premises who would be bound by 
 the petition, whether they have an estate of inheritance, 
 or for life, or years, or whether it be an estate in 
 .possession 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 be entitled to notice accordingly. 
 'Such petition or any subsequent proceedings had thereon Amendments 
 may be amended at any time upon such terms as the court stage." * ""^ 
 ■or a judge may impose. 
 
1240 PARTITION OF LANDS, [PAKT III. 
 
 Chap. 1 22. 7. The petition shall be filed in the same manner as a 
 Petition to be declaration ; and a summons to appear and answer thereto 
 Ksue^SidT shall be sealed by the prothonotary ; and a copy thereof 
 sened with copy vvith 3 cooy of such petition, accompanied by the usual 
 
 or petition. , i ii i -r i i» i , • i • i 
 
 notices, shall be served on each or the parties named m the 
 petition as interested in the premises, if they shall be found 
 ■within the Province, the like number of days as required 
 in ordinary writs. 
 Proceedings 8. If any of the persons so named as interested are 
 
 tierailTbsent, absent from the Province, or if there are persons interested 
 *"■ in the premises, and who would be bound by the partition 
 
 •whose names are unknown to the petitioner, the court or 
 a judge thereof shall order notice to be given to the 
 persons 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 judge thereon, in one or 
 more newspapers to be designated in the order, or by 
 delivering to such ab.-jeet party an attested copy of the 
 petition and order, or in such other manner as such court 
 or judge shall consider to be most proper and effectual. 
 
 Where a pirty 9. If any person entitled to notice shall fail to appear. 
 Court mayorder and if the scrvice of the summons or other notice to him 
 further notice, gj^g^jj appear to the court to have been insufficient, the 
 
 court or a judge may order such further notice as shall be 
 
 thought proper. 
 
 Proceedings, 10. If in aDy stage of the proceedings it shall appear 
 
 of Provm^e^ hL to the court that any person interested, whether named in 
 tmityof app^r- 1^^ petition or not, is out of the Province, and has not had 
 'ng- opportunity to appear and answer to the suit, it shall be 
 
 continued until sufficient time has been allowed to enable 
 
 him to appear and answer thereto. 
 
 Guardians, may 11. The court or a judgc may assign a guardian for 
 
 e appoint . ^^^ ^^j^ j^^. ^^^ infant or insane person who is interested 
 
 in the premises, in the same manner as a guardian is 
 
 admitted for an infant plaintiff or defendant at common 
 
 law. 
 
 Defendants may 12. Any person interested in the premises of which 
 or^'^'^eparateiy^ partition is prayed for, may appear and answer to the 
 pieadingsj^ otheV petitioH, and may plead either separately or jointly with 
 any other defendants, any matter tending to show that the 
 petitioner ought not to have partition as prayed for, either 
 in whole or in part ; and the replication and further 
 pleadings shall be conducted as in other actions until issue 
 is joined, which shall be tried and determined as in other 
 cases ; all such pleadings to be filed and served in the 
 same way as the pleadings in declaration suits, and notices 
 of tiial to be given in like manner. 
 
TITLE XXVI.] PARTITION OF LANDS. 1241 
 
 13. If any person who is not named in the petition Chap. 122. 
 shall appear and plead as a defendant, the petitioner may Replication, 
 reply that such person has no estate or interest in the lands ^''^J" j* l^'^i^l 
 described in the petition, and may pray judgment if he and defend is 
 shall be admitted to object to the petition; and the peti-™"''^' ' 
 tioner may in the same replication plead over in answer 
 
 to such plea any other matter in like manner as he might 
 have done if he had not disputed the defendant's right to 
 appear. 
 
 14. If upon any such replication it shall appear that Prooeedines 
 the defendant has no estate or interest in the lands, the**""'^""' 
 matter of his plea or objection shall be no further inquired of. 
 
 15. If upon the trial of any issue of law or of fact it costs of trial, 
 
 in 11 i. ii ,'L' . .,11,1 . . how regulated. 
 
 Shall appear that the petitioner is entitled to have partition 
 as prayed for, he shall recover his costs of such trial 
 against the party who objected thereto, and shall have 
 execution therefor in the usual form ; but if such issue is 
 found or decided against him, in whole or in part, the 
 adverse party shall recover against him the costs of the 
 trial, and shall have execution accordingly; and judgment 
 may notwithstanding be entered for the petitioner to have 
 partition, and to have assigned to him such part of the 
 premises, if any, as he shall be entitled to. 
 
 16. If the defendant shall make default, or if upon such Proceedings in 
 trial it shall appear that the petitioner is entitled to have rule forpartition 
 partition, whether for the share or proportion claimed in *''^'^''°°- 
 
 his petition or for a lei!s share, a rule that partition shall 
 be made shall pass ; but the Court shall have the same 
 power of .setting aside defaults and of granting new trials 
 as in other cases. 
 
 17. When such rule shall have passed, the Court shall commissioners 
 appoint three disinterested persons as commissioners, to mSpartition 
 make partition and to set off to the petitioners the shares ^^" ™'^- 
 belonging to them, which shall be expressed in the rule in 
 
 that behalf. 
 
 18. If there are several petitioners they may have Petitioners may 
 their shares set off together, or the share of each one may off^ointiy™ sip- 
 be set off in severalty, at their election. ' "^'^'y- 
 
 19. The commissioners, before proceeding to the Commissioners, 
 execution of their duties, shall be sworn before any justice, 
 faithfully and impartially to perform the same ; a certifi- 
 cate of which oath shall be made on the warrant by the 
 
 ' person who administered it. 
 
 20. The commissioners shall give sufficient notice of Commissioners 
 the time and place appointed for making the partition to tim^Indpiwe S' 
 all persons interested therein, who are known and within P^^rtition. 
 
 the Province, that they may be present if they see fit. 
 
1242 
 
 fARTlT^loN of LANfti3. 
 
 [MM Itt. 
 
 Chap. 1^2^ . 
 
 Three CDmmis- 
 ■sioners lo meet ; 
 acts of two valid. 
 
 4*ftrtition, how 
 «tfected Whefe 
 premises cannot 
 Veil be divided. 
 
 ^slffle subject. 
 
 Tenant liable 
 for misconducA 
 where he has 
 the exclnsive 
 t)ccupancy^ 
 
 tiabiliUesln case 
 t)fsoleoccupancy 
 by one tenant in 
 tjommon. 
 
 21. The three commissioners shall meet for the 
 performance of any of their duties ; but the acts of any 
 two of them shall be valid. 
 
 22. When the premises of which partition is demanded 
 are such as cannot be divided without damage to the 
 owners, or when any specific part of the estate is of greatei" 
 value than either party's share, arid cannot be divided 
 without damage to the owners, the whole estate or the part 
 thereof so incapable of division may be set off to any one 
 of the parties who will accept it, he paying or securing to 
 any one or more of the others, such sums of money as the 
 commissioners .shall award, to make the partition just and 
 equal. But the partition in such case shall not be estab- 
 lished by the court until all the .sums so awarded shall be 
 paid to the parties entitled thereto, or secured to their 
 satisfaction. 
 
 23. In the case mentioned in the preceding section, the 
 commissioners instead of setting off the premises, or a part 
 thereof, in the manner therein provided, may assign the 
 exclusive occupancy and enjoyment of the whole' or the 
 part, as the case may be, to each ot the parties alternately, 
 for certain specified times, in proportion to their respective 
 interests therein. 
 
 24i When the whole or any specific part of the 
 premises is assigned in the manner provided in the 
 preceding section, the person entitled for the time being to 
 the exclusive occupancy, shall be liable to his co-tenants 
 for any injury to the premises Occasioned by his misconduct, 
 in like manner and to the like extent as a tenant for years 
 under a common lease without express covenants would be 
 to his landlord ; and the other tenants in Common may 
 have their remedy therefor against him by action on the 
 case, either jointly or seveially at their election. 
 
 25. Whilst any estate is in the exclusive occupancy 
 of any co-tenant under such an assignment as before 
 mentioned, he shall be entitled to the same remedy against 
 any person who shall trespass upon or otherwise injure the 
 premises as if he held the same under a lease for tbe same 
 term for which they were so assigned to him ; and he and 
 all the other tenants in common shall also be entitled to 
 recover against the wrong doer such other and further 
 damages as they shall have sustained by the same trespass 
 or injury, in like manner as if the premises had been » 
 leased by them for such term ; and all joint damages 
 recovered by any such tenants in common, by force of this 
 or the preceding section, shall be apportioned and divided 
 among them, according to their respective rights, by the 
 court in which the judgment is recovered. 
 
Title xxvt.] partition of lands. 1243 
 
 26. Where the lands to be divided are situate in Chap. 122. 
 different counties, the whole of such lands may be divided pfooeediuga 
 b^' one proceeding under the authority of this Chapter j^'^f^^jig'jJ^^J 
 and the application may be made in anj^ one of the counties eounties. 
 
 in vf hich ±he lands to be divided are situate ; and virhere 
 the lands lie in several counties, the court shall appoint 
 three commissioners in each county where such lands liej 
 to make partition of the lands lying svithin such county, 
 or in the discretion of the court, shall appoint three 
 commissioners for all the lands to be divided, wheresoever 
 situate. 
 
 27. Commissioners appointed under this Chapter shall [;"J.„*'"'^°''"|' 
 in all cases make a return of their proceedings under their confirmed by 
 hands, together with their warrant, to the court; and if ^"^rtefid'?''"'^ 
 their proceedings are confirmed by the court, judgment 
 
 shall be thereupon renderecl that the partition so made be 
 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. 
 
 28. The court for any sufficient reason shown may setRetuM may ba 
 aside the return and commit the case anew to the same or new proceedings 
 to other commissioners to be appointed, whereupon the '*'^' 
 
 same proceedings shall be had as above directed. 
 
 29. The final judgment confirming and establishing Final jud^etit, 
 the partition shall be conclusive as to all rights, both oilfZyT""""'"' 
 property and possession, of all parties and privies to the 
 Judgment, including all persons who might by law have 
 appeared and answered to the petition, except as is here-' 
 
 inafter provided. 
 
 30. If any person who was a part owner with the fart ownef &h> 
 
 ,.,. 1 p 1 1. • 1 fi. ii. _i"4." sent from Pro' 
 
 petitioners, and tor whom a share is lett upon the partition, vince may appiy 
 should be out of the Province when the summons or notice J^*^*" j„, *^'^^^' 
 to him is served, and should not return in time to appear partition, 
 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. 
 
 31. If upon such'an application, and after hearing of Oourt may order 
 
 jt 11 ••111 j.1.1 ^ new pftrtition^ 
 
 all parties interested therein, it shall appear to the court 
 that the share left for the applicant was less than he was 
 entitled to, or that the part left for him was not at the 
 time of the partition equal in value to his share of the 
 premises, the court may order a new partition thereof, 
 which shall be made in the manner before provided. 
 
 82. In such new partition the commissioners shall not Cmnmiseionef'ij 
 be required to make a new division of the whole, premises, net'' pftrtiti™! 
 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* 
 
1244 
 
 PARTITION OF LANDS. 
 
 [part III. 
 
 Improvements, 
 how considered 
 in new 
 
 Porson not ap- 
 pearing, who 
 claims to hold 
 premises in 
 severalty, not 
 bound by judg- 
 ment. 
 
 Chap. 122. 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 commis- 
 sioners may award money to be paid by one party to 
 another as before provided, to equalize the shares. 
 
 33. If after the first partition, any improvement shall 
 partfuon. have been made on any part of the premises, which, by 
 
 the new partition, shall be taken from the share of the 
 party who made the improvements, he shall be entitled to 
 compensation therefor, to be estimated and awarded by 
 the commissioners, and to be paid by the party to whom 
 such part of the premises shall be assigned on the new 
 partition; and the court may order execution therefor in 
 the usual form. 
 
 34. If any person who has not appeared and answered 
 to the petition for partition, shall claim to hold in severaltj' 
 the premises therein mentioned, or any part thereof, he 
 shall not be concluded by the judgment for partition, but 
 maj' bring his action for the lard claimed by him against 
 any or all of the petitioners or defendants, or of the 
 persons holding under them as the case may require, within 
 the same time in which he might have brought it if no 
 such judgment for partition had been rendered. 
 
 35. When any person who has not appeared and 
 answered to the petition shall claim the share that was 
 assigned to, or left for any of the supposed part owners in 
 the judgment for partition, he shall be concluded by the 
 judgment so far as it respects the partition and the 
 assignment of the shares, in like manner as 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 
 against the person to whom it was assigned, or for whom 
 it was left. 
 
 36. The action in such case shall be brought against 
 the tenant in possession in like manner as if the plaintiff 
 had originally claimed the specific pitce of land demanded, 
 instead of an undivided part of the whole land ; and it 
 may be brought within the same time in which it might 
 have been brought if no such judgment for partition had 
 been rendered. 
 
 Proceedings 37. If two or more persons appear as defendants 
 
 ron"°ciaim°8fme claiming the same share of the premises to be divided, it 
 shorobeforodivi- jjjja^jl jj^j ^jg neccssary to decide upon their respective 
 claims, ex.cept only for the purpose of determining which 
 of them shall be admitted to appear and plead in the 
 suit ; and if partition is made, the share so claimed shall 
 be left for whichever of the parties shall prove to be 
 
 Person not ap- 
 pearing but 
 claiming share 
 assigned to 
 part owner, 
 bound by par- 
 tition, but may 
 have action for 
 share. 
 
 Action in such 
 case, how and 
 against whom 
 brought. 
 
TITLE XXVI.] PARTITION OF LANDS. 1245 
 
 entitled to it, in a suit to be thereafter brought between Chap. 122. 
 themselves. ' 
 
 38. If in such a case it shall be decided in the original Defendant, 
 suit for partition, upon the replication of the petitioners j^d^enpnpar- 
 or otherwise, that either of the defendants is not entitled pSa|d™'iom 
 to the share that he claims, he shall be concluded by the subsequently 
 judgment so far as it respects the partition and the of"othen^ "^ 
 assignment 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 
 provided in the three preceding sections. 
 
 39. If any person who has not appeared and answered Rights of party 
 as above shall claim any part of the premises mentioned in where^har" was 
 the petition, as a part owner vsrith those who were parties "°,'^^"°^g!Jj,f°J 
 to that suit, or any of them, and if the part or share so ^ffeoted by par- 
 claimed was not known or not allowed and left for him in "°°''" ^"™ ' 
 the process for partition, he shall be concluded by the 
 judgment so far as it respects the partition ; but he shall 
 
 not be prevented thereby from bringing an action for the 
 share or proportion claimed by him, against each of the 
 persons who shall hold any part of the premises under the 
 judgment for partition. 
 
 40. If the plaintiff shall prevail in the case last- Redress m such 
 mentioned, he shall not be entitled to demand a new ^^I^^^JJ^'^^^JJ^ 
 partition of the whole premises, but he shall recover owamed. 
 against each of the persons holding under the judgment 
 
 for partition the same proportion or share of the part held 
 by him that the plaintiff was entitled to out of the whole 
 premises before the partition thereof. 
 
 41. If after the making of partition it shall appearRights of heir 
 that any person for whom a share was left or to whom a afte?parti«?n!^?t 
 share was assigned, had died before such partition was ^^au^^ppear that 
 made, the heir or devisee of such deceased person shall not tator died before 
 by reason of such heir or devisee having been a party to'""'"™' 
 
 the suit, either as a petitioner or as a defendant, be 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. 
 
 42. If any person to, or for whom any share shall Kemedy where 
 have been assigned or left upon any judgment for partition, by persmhaWnl 
 shall be evicted thereof, by any person, who at the time of P="^^°">"nt ««« 
 the partition, had a title thereto paramount to the title of 
 
 those who were parties to the suit for partition, the person 
 so evicted shall be entitled to a new partition of the 
 residue, in like manner as if the former partition had not 
 been made. 
 
1246 
 
 PARTITION OF LANDS. 
 
 [part III. 
 
 Suit not to 
 abate for death 
 of party. 
 
 Expenses of 
 Commissioners 
 to be allowed 
 and costs to be 
 taxed as in 
 other cases. 
 
 Chap. 122. 43. Any person having a mortgage, attachment, or 
 
 Lien by mort- other Hen upon the share of any part owner, shall be 
 
 gage, how effect- cQucluded 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 conducted 
 and prosecuted to final judgment, under such rules and 
 orders for bringing in the heirs or representatives of the 
 deceased party as the court or judge may think proper for 
 making them parties to the suit, and regulating the 
 proceedings accordingly. 
 
 45. The expenses and charges of the commissioners 
 shall be a-scertained and allowed by the court, and all the 
 other costs of the proceedings shall be taxed in the usual 
 manner ; and the whole shall be paid by the parties in 
 proportion to their respective shares or interests in the 
 premises ; except only the cost of a trial of any issue 
 joined in the case, as to which a different provision is 
 before made. 
 
 46. Every person holding any lands under a partition 
 made by virtue of this Chapter shall be considered as 
 holding them under an apparently good title, so that in case 
 of eviction he shall be entitled to compensation for any 
 improvements made thereon. 
 
 47. All necessary rules or orders in proceedings con- 
 nected with the partition of lands under this Chapter may 
 be granted by the Supreme Court, or by a judge thereof at 
 chambers, except where the trial of an issue before a jury 
 shall become necessary ; and all orders required by this 
 Chapter, to be made by the court, may be made by a judge, 
 subject to an appeal from any such order to the court at its 
 next sittings in the county. 
 
 Order of a single 48. Every Order made in pursuance of this Chapter by 
 wtsofnd^ OT a single judge, not sitting in open court, shall be liable to 
 altered. jjg rescinded or altered by the court in like manner as other 
 
 orders. 
 When real estate 49. Whenever any real estate is sought to he divided, 
 dividedandheirs either in a case of intestacy or under a will amongst the 
 aoMp't'Sate OT P^'^^'i®® entitled to share therein, or among tenants in 
 portion thereof, common Under the authority of the Supreme Court in 
 
 or are incapable ,. . .... , "^ , , ^ , 
 
 of doingso, from proceedings in partition, and such real estate or any part 
 
 judge'may o^r tbereof owing to any cause cannot be actually divided by 
 
 auction' ^"''''° iiietes and bounds without detriment and disadvantage to 
 
 the parties entitled thereto ; in case the heirs or other 
 
 parties interested in such division shall decline to accept 
 
 such estate or portion thereof offered to them, or shall by 
 
 Titles . under 
 judgment in 
 partition, how 
 considered. 
 
 Proceedings, 
 how taken and 
 before whom ; 
 exception ; ap- 
 peal. 
 
TITLE XXVI.] FORECLOSURE OF MORTGAGE. 1247 
 
 absence, incapacity, or minority be prevented fFom accept- Chap. 123. 
 injif such estate or parcel thereof, any judge of the Supreme 
 Court may order that such real estate or parcel thereof 
 shall be sold at public auction on such notice and in such 
 manner as such judge may direct, and the net proceeds of ^°*aed™™i?^sfr 
 such sale snail be divisible among the parties entitled to said parties interest- 
 estate. And such judge shall have power to direct a deed judgemaydirect 
 thereof to be executed, by vs-hicb the purchaser shall have^^^^^^*'' paasfng 
 all the title of the several heirs or parties' represented in tMe. 
 such proceedings or suit in partition ; and the judge on 
 such order may direct that such sale shall be made and the 
 deed executed bj' the sheriff of the county where the lands 
 lie, who shall receive the sum of five dollars for making the 
 sale, executing the deed, and paying over the money, in 
 lieu of all poundage. 
 
 CHAPTER 123. 
 
 OF THE SALE OF LANDS UNDER FORECLOSURE OF MORTGAGE. 
 
 1. When actions of ejectment by a mortgagee or in actions foi- 
 
 ,- "Lj i. ii_ i. "o money secured 
 
 actions on bonds or notes secured by mortgage, or on any by mortgage,, 
 covenant in the mortgage, are brought in the Supreme p^j™?^^' j,"^^ 
 Court, and no suit touching the same matter is pending in ™<i have a re 
 the court, the person having the right of redemption, on 
 appearing as defendant, may pay to the plaintiff or bring 
 into court the amount due with costs ; and thereupon the 
 court by a rule may compel the plaintiff to re-convey to 
 such defendant the land mortgaged, and deliver up all 
 writings in his custody relating thereto. 
 
 2. In case such mortgagor, or any one of several of ^^^^^^^JJI^'^^ 
 such mortgagors, be an absent or absconding debtor, a ni<we of mort- 
 declaration in ejectment or other process may be served mTy'L^ as™irr 
 upon the tenant, if any, in possession of the lands, and dlbtoxs.''''^™'^ 
 upon any of such defendants who shall not be absent or 
 absconding, and a copy thereof shall also be left at the lasfc 
 
 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 sufficient 
 to give jurisdiction to the court, and the plaintiff may 
 proceed to final judgment and sale of the lands as herein- 
 after mentioned ; but before such declaration shall be 
 served the" same afiidavit shall be made and filed in the 
 office of the prothonotary of the county where the declara- 
 tion is returnable, as is necessary in ordinary cases of 
 proceeding against absent av absconding debtors. In, cases 
 
1248 FORECLOSUBE OF MORTGAGE. [PART III. 
 
 Chap. 123. under this section it shall not be necessary to wait two 
 terms before going to trial, as in other cases against absent 
 or absconding debtors. 
 
 Notice to be 3_ Jn case any persons beside the mortgagor are 
 
 Eivcn to such •' 1 o o 
 
 parties as in interested in the lands who would require to be made 
 
 be'defendants?' defendants, if proceedings were had in Chancery, then, in 
 
 addition to the service of process upon the defendant, or 
 
 proceedings 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. 
 
 specifying the proceedings that have been or are about to 
 
 be taken, and requiring them to appear at the Supreme 
 
 Court to protect their interests ; which notice shall be 
 
 served the same length of time as is required in notices of 
 
 trial. 
 
 Sale of mort- 4. In case the defendant shall neglect to pay the 
 
 gage premises. g^j^jQ^j^j^ found duc to the plaintiff by the court, with costs, 
 
 the court may order the lands mortgaged to be advertised 
 
 by handbills in the county for at least thirty days, and 
 
 thereafter to be sold at public auction by the sheriff of the 
 
 county wherein the lands lie. 
 
 Re-hcaring .5. In case the defendant shall be an absent or abscond- 
 
 SetendantTs'aning debtor he ."^hall be entitled to a re-hearing at any time 
 
 absent debtor, .^^jtijin (-jj^ee years after judgment ; and the plaintiff, upon 
 
 obtaining a rule for the sale of the moi tgaged lands, shall 
 
 give security for the re-payment of the sums levied, if 
 
 judgment shall be reversed on such re-hearingr. 
 
 Sheriffs deed; 6. The deed shall be executed and delivered by the 
 
 Its effect. sheriff to the purchaser, or his agent or nominee, and shall 
 
 be taken as presumptive evidence of the requisitions of 
 
 this Chapter having been complied with, and on being 
 
 recorded in the books of registry for the county in 
 
 which the lands lie, shall be sufficient to convey all the 
 
 estate and interest of the mortgagor in the lands therein 
 
 Writ of posses- described ; and the court may award a writ of possession 
 
 sion may issue. - j i. i • t_ j 
 
 upon judgment being had. 
 
 Proceeds of sale, 7. The sheriff shall, out of the proceeds of the sale, pay 
 how applied. ^Q |.j^g plaintiff the sum due to him, and shall pay over the 
 
 residue, if any, to such person as the court shall direct. 
 Powers of su- 8. The Supreme Court .shall have the same powers as 
 adj"^ equities." Were possessed by the Court of Chancery in reference to the 
 
 proceedings in such suits, and for the equitable adjustment 
 
 of the rights of the different parties interested. 
 One judge to 9. The powcrs hereby conferred upon the court may 
 
 ^ve^power bg excrcised by a single judge thereof, except where the 
 
 trial of an issue before a jury may become necessary, 
 Exception. Subject to an appeal from any order of the judge to the 
 
 court at its next term in the county. 
 
TITLE XXVI.] SALE OF LA.NDS UNDER EXECUTION. 1249 
 
 10. The court or a judge on being satisfied by affidavit Chap. 124. 
 setting forth that a sale had been duly made, the name and Deed how e.xe- 
 plaee of residence of the highest bidder, the fact of the death, <="'^'^' *° 
 resignation or removal from office of the sheriff, who had 
 
 sold the lands, and the name of his successor, or the sheriff 
 in office at the time of the application, may order the then 
 sheriff to execute and deliver such deed, and which said 
 deed, when executed by said successor, or the .sheriS' in 
 office at the time of making such order, shall have the 
 same force and effect as if executed by the sheriff by 
 whom the lands were sold. 
 
 In case of the death, resignation, or removal of any Death ot sheiiii 
 
 1 '^r i?i. 1 1 T 1 i? 7 1 1 ii after sale and be- 
 
 sheriti, alter he has made a sale or lands under the pro- fore execution of 
 visions of this Chapter, but before he has made the deed'^^^''' 
 or conveyance of the same to the purchaser, the deed or 
 conveyance may be made to the purchaser by the successor 
 of the sheriff so having died, resigned, or been removed. 
 
 11. This Chapter shall apply to causes in which sales Application ot 
 under foreclosure have already been made, but the deeds *'' "' 
 not executed and delivered. 
 
 12. Whenever any mortgaged land is situate in saie of land situ- 
 adjoining counties, with the county line running through counties. ^"'"'"^ 
 the same, the sheriff' of either of the said counties may 
 
 proceed to sell the same under an order for the foreclosure 
 of said mortgage and sale of said land, and under the 
 provisions of this Chapter, and the sheriff shall deliver to 
 the purchaser a deed of such lands, and any deed hereto- 
 fore executed by the sheriff Of either of said counties 
 shall be valid and effectual. 
 
 13. On any sale of mortgaged premises under the Mortgagee may 
 provisions of this Chapter, it is hereby declared and''"'^" ^^ 
 enacted that it has been and shall be lawful for the 
 mortgagee to purchase. 
 
 CHAPTER 124. 
 
 OF THE SALE OF LANDa UNDER EXECUTION. 
 
 1. Any judgment recovered in the Supreme or County judgments, 
 Courts, any final decree of the Supreme Court, in any ^aroatate"* 
 matter or suit requiring payment of money by either 
 party, shall bind the real estate of the debtor from the time 
 such judgment or decree shall be recorded in the books of 
 registrj' for the county or district wherein such real estate 
 is situate, and the release from a judgment or decree of 
 80 
 
1250 SALE OF LANDS UNDER EXECUTION. [PART 11^ 
 
 Chap. 124. part of any lands or hereditaments charged therewith, shall 
 not affect the validity of the judgment or decree as to the 
 lands or hereditaments remaining unreleased, or as to any 
 other property not specifically released, without prejudice 
 nevertheless lo the rights of all persons interested in the 
 lands, hereditaments, or property remaining unreleased, and 
 not concurring in or confirming the release, provided that 
 no lands shall be levied upon until one year after the regis^ 
 try of the judgment or decree as aforesaid. 
 Death of defend- 2. In case of the death of a defendant before or after 
 after judgment, judgment has been recorded in the books of registry, as 
 Ac^.TpplTin'tS'*' mentioned in the first section of this Chapter, and no execu- 
 tors or administrators have been appointed ta administer^ 
 his estate, the plaintiff or his personal rq)resentatives shall 
 be at liberty to suggest said death, and to issue execution 
 on said judgment in the names of the original parties, 
 against said land, and sell the same under the provisions of 
 this Chapter. 
 Interest of mort- 3. The interest of any mortgagor of real estate may 
 leviedon, be seized or taken in execution,^ sold and conveyed in like' 
 
 manner as any other real estate may be- seized or taken in 
 execution, sold and conveyed. 
 Sale under exe- 4. The effoct of such seizure or taking in execution, 
 
 cution of mort- ij e T_i_tiii 
 
 gaged lands to sale and conveyance oi any such mortgaged lands and 
 '''"''poStion'^of ''®"^™'^"*^ shall be to vest in the purchaser, his heirs and 
 mortgagor at assigns, all the interest of the mortgagor therein at the 
 
 tllTlG 01 lUQlT- • O O 
 
 ment, &o. 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 purchaser, 
 his heiis and assigns may pay, remove or satisfy any 
 mortgage, charge or lien which at the time of recording 
 the judgment existed upon the lands or tenements so sold 
 in like mE|,nner as the mortgagor might have done; and 
 thereupon the purchaser, his heir.>* and assigns shall 
 acquire the same estate, light and title as the mortgagor 
 ■would have acquired in case the payment, removal or 
 Certificate to be satisfaction had been effected by the mortgagor ^ and on 
 gag™ t^o ™pur- payment of the mortgage money to the mortgagee by the 
 mo°rt"4tr"^°^P'^'"<^^^^ss''' ^'s heirs, or assigns, the mortgagee, his heirs- 
 and assigns shall, if required, give to such purchaser, his 
 heirs and as,signs, 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 Registrai- of the Count}' 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 
 
TITLE IXXVI,] SlLfi OP LAl^TDS tTNDER EXECUXroN. 1^51 
 
 .by the said E. F. to me (or as the case may he), bearing Chap. 1 24. 
 
 tlate the day of — ' — ^^, one thousand eight hundred " 
 
 and , and registered at <-, on the day of 
 
 ' ^, in the year — in Libro — —, Folio -, and 
 
 that such mortgage is therefore discharged. As witness 
 
 my hand this ^ day of — ' — '— ^, one thousand eight 
 
 hundred and — ^^. 
 
 (Signed) A. B. 
 
 Witness, E. H. 
 
 And such certificate shall be of the like effect as a teeot of oertia- 
 velease executed by the mortgagee, or his representatives*^*^' 
 or assigns, to the mortgagor, his heirs, executors, adminis- 
 trators or assigns. 
 
 5. Any mortgagee of lands and tenements so sold, or Mortgagee n-.ay 
 the heirs or assigns of such mortgagee, may be the pur^ g^Jes. '*' ™°'' 
 chaser at such sale, and shall acquire the same estate 
 interest and rights thereby as any other purchaser. 
 
 6> A judgment recorded shall bind the interest of any interest of any 
 party or corporation beneficially interested in lands held in ^^^^„ "heid'^ln 
 trust for him, or for said corporation, and the same may be'™?* '^^y ^^ 
 
 ' sold uiiQ^r Gxft* 
 
 taken in execution for the payment of his debts, or the cution. 
 debts of said corporation, in the same manner as if the said 
 party or corporation Were seised or possessed of such lands. 
 
 7. Execution as against lands may issue at any time Execution with- 
 within six years from the signing of the judgment, withv J^^g'^^n''" *'**' 
 ■out a scire facias or leave of the court. 
 
 8. The judgment creditor and party entitled to pay •■ Judgment credi- 
 ment under a final decree of the Supreme Court, may tioed"^ 'to ^pay- 
 order execution to be levied on the whole or any por-™e™*"5if^y fe"!^! 
 tion of the real estate lying within any county or district ?." ''hpie or por- 
 
 , I'l 1- -11 .11. tion of real estate 
 
 where the judgment or decree is registered, as provided m 
 the first section. 
 
 9. Where a judgment or decree has been so registered After a year, 
 for the period of one year, and no levy has been made on ™CTt ''"""re'ditot 
 the real estate bound thereby, anj- judgment creditor, or ™^y™™P'"^^y- 
 party entitled under any such decree, whose judgment or 
 
 'decree has been subsequently registered, may by a written 
 ■notice require the prior judgment creditor or creditors, or , 
 prior party or parties entitled under such decree, to levy on 
 ■and proceed to sell the real estate within three months from 
 the service of 'such notice. 
 
 10. If none of the prior judgment creditors, or the « no levy, prior 
 prior parties entit/Ied under such decree, shall leyy and take preference.'"**^ 
 'effective steps to sell such real estate, within said period of 
 
 three months from the service of such, notice, the .party 
 giving the notice shall acquire a preference o^er the judg- 
 ment creditor or creditors, or party or parties entitled under 
 such decree, upon whom such notice has been served. 
 
1252 SALE OF LANDS UNDER EXECUTION. [PART III. 
 
 Ghap. 124. 11. The sheriff, upon receiving such execution, shall, 
 Lands to be lev- at' the expiration of the one year, levy on such lands with- 
 
 L^raisementr''°"*' ^PP''^'^^'"^'^*'' *'''^*^ *'^" attorney Issuing the same shall 
 aiid advertised cause to be inserted for thirty days next preceding the day 
 
 thirty days in«-|.|r> i /-> ,, ii t* 
 
 Gazette, &o. 01 sale, in the noyaC Gazette newspaper, and also, except in 
 the Count}' of Halifax, in one newspaper, if any, which may 
 be published in the county or district wherein the lands are 
 
 Contents of ad- situate, an advertisement containing a description of the 
 lands directed to be levied on, stating that such lands have 
 been taken in execution at the suit of the plaintiff or de- 
 fendant as the case may be, the time and place fixed for 
 such sale, and having appended thereto the names of the 
 sheriff and the attorney of the party issuing such execution. 
 
 After, tw^ty 12. The sheriff, after copies of such advertisement 
 
 mentbyhand- havc been postcd up in the most public places of the town- 
 shaii 80°?™* ship or settlement wherein the lands lie, for at least twenty 
 highest bidder. (Jays previous to the time appointed for the sale, shall pro- 
 ceed to sell the same at public auction to the highest 
 bidder. 
 
 Execution deb- 13. If the execution debtor by notice in writing deliv- 
 
 tice nfqui^e an°y ered to the sheriff at least ten days previously to the sale, 
 
 or'iand" to^be requires that certain portions of the land so advertised be 
 
 sold first. first sold, the sheriff shall cause the same to be first put up 
 
 for sale, and if a suSicient sum shall be realized therefrom 
 
 to satisfy the execution, interest and expenses, no other 
 
 part of such lands shall be sold ; otherwise he shall proceed 
 
 with the sale of the remainder. 
 
 Sheriff's deed, ita 14. The sheriff shall deliver to the purchaser, or his 
 *^'' agent or nominee, a deed of such lands, which shall be sufii- 
 
 cient to convey to the purchaser all the interest of the execu- 
 tion debtor in the lands therein described,, whether situate 
 in his bailiwick or in an adjacent county as hereinafter 
 In case of death mentioned, subject to prior incumbrances. And if thesheriff 
 Baie*nd°brfor6 die or Otherwise vacate his office after he has made a sale 
 deXsuocearor "i^er the provisions of this Chapter, but before the execution 
 jnay' execute and delivery of the deed, his successor may execute and 
 orjudge°may deliver the deed to the purchatser, or the Court or a Judge 
 .eifotiii'To^e^l 0° being satisfied, by affidavit setting forth that a sale had 
 Sverdeed *'" ^^^^ ^"'.V ni3,de, the name and place of residence of the 
 highest bidder, the fact of the death, resignation or removal 
 from office of the sheriff who had sold the lands, and the 
 name of his successor, or the sheriff in office at the time of 
 the aipplication, may order the then sheriff to execute and 
 deliver such deed. 
 
 Sheriff's deed 15. The sheriff's deed shall be presumptive evidence 
 
 STofTrans- of the execution debtor's title having been thereby con- 
 iBt'stiti^"*™'^' veyed to the purchaser. 
 
TITLE XXVI.] SALE OF LANDS UNDER EXECUTION. 1253 
 
 16. When the lands so conveyed shall be in possession Chap. 124. 
 of the tenants of the execntion debtor, the purchase!' shall purchaser ahaii 
 become the landlord, and shall have the like rights and J^'^'a^^teSs. 
 remedies against the tenants as the execution debtor would 
 
 have had, and shall be entitled to all rents accruing after 
 such purchase. 
 
 17. Where the sum realized by such sale shall be more sm-pi™ proceeds 
 than sufficient to satisfy the execution and necessary ex- ^y ^8h^erifl,"s" b- 
 penses attendant on such ,levy and sale, and interest on the j^°*j^*° order of 
 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. 
 
 18. In case of the bankruptcy of a plaintiff after judg-*^^^^^"Jf^jp,°Jijj. 
 ment has been'entered in his favor against a defendant, and tii may suggest 
 an assignee has been appointed for his estate, the assignee, his appointment, 
 at any time within six years from the date of said j udg- tJ^ '"^ythin^^Brx 
 ment, on filing an affidavit stating the fact of said bank- y'"'''^- 
 ruptcy, that the assignee has been duly appointed, and what 
 
 sum is due and payable on said judgtnent, shall be at liberty 
 to suggest said bankruptcy and the appointment of the 
 assignee, and to issue execution on said judgment, in the 
 name of the assignee, against the defendant or defendants 
 without further proceedings. 
 
 19. Titles to land made by any sheriff previous to the Pro™'ons. ^ *<> 
 tenth day of April, one thousand eight hundred and forty- iki! ^™^ 
 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 possession of 
 the land one year at least before such date, and shall have 
 paid the purchase money to the sheriff. 
 
 20. Whenever any real estate bound by a judgment saie of real 
 
 .... ,. . . *^ ^. 'ii i» i_ T estatewhen in 
 
 IS Situate in adjoining counties, with the county line two counties. 
 running through the same, the sheriff of either of said 
 counties may proceed and sell the same under an execution 
 issued upon a judgment duly recorded in both said counties, 
 and the sheriff shall deliver to the purchaser a deed of such 
 lands, and any deed heretofore executed by the sheriff of 
 either of said counties conveying any lands sold by 
 him situate in adjoining counties shall be valid and 
 effectual. 
 
 21. A purcha.ser at .sheriff's sale of real estate sold orfer nisi for 
 under an execution issued on a judgment duly recorded for^on. p°^*^^" 
 one year, and having obtained a deed from the sheriff of 
 
 said property, may apply to a judge of the court out of 
 which the execution issued for an order nisi to show cause 
 wh}' a writ of possession shall not issue to put the said 
 purchaser in pos.session. 
 
1254 SALE OF LANDS UNDER EXECUTION;. [PART II>T. 
 
 Chap. 124. 22. The said order nisi shall be served on the party or 
 
 How served;, parties in possession of the premises described in said deed, 
 
 and on the judgment debtor if he be within this P*-ovince, 
 
 and his residence be known to the applicant for said rule, 
 
 and in case the residence of said judsment debtor be 
 
 unknown to said applicant, or in case of his death, then th& 
 
 service of said order shall be effected by publication in one 
 
 or more newspapers, for such time as such judge shall 
 
 direct in such order nisi. 
 
 Return of or<rer 23. Upon the return of said order TJisi, the judge shall 
 
 "'*'' hear the parties either viva voce or by affidavit, as he thinks 
 
 best, and if he shall be of opinion that the said purchaser 
 
 is entitled to the possession of said property, as against the- 
 
 said judgment debtor, or those claiming by, through or 
 
 under him, he shall make an order absolute, directing a writ 
 
 of possession to issue out of said court after a certain 
 
 number of days to be named in said order. 
 
 Provision for 24. In case the said parties shall neglect or refuse to 
 
 appeaj-ance." appear on Said order nisi, or neglect or refuse to deliver up 
 
 possession of said premises within the time mentioned in 
 
 said order absolute, then the sheriff shall immediately 
 
 execute said writ of possession and put the said purchaser 
 
 in possession of said property. 
 
 Goste. 2.5. The applicant for said order nisi shall not be 
 
 entitled to any costs unless he shall have served a demand 
 
 of possession of said premises on the party or parties in 
 
 possession, by leaving the same at their residence at least 
 
 ten days before the application. 
 
 Definition of 26. The word " purcbaser" shall include the heirs and 
 
 'purchaser. assigns of Said purchaser, as also incorporated and joint 
 
 stock companies and their assigns. 
 Where sheriii in- 27. In any case where the sheriff may be interested, 
 mayperf^''dS-the salc Under the provisions of this Chapter may be law- 
 ties of. fully made and the deed executed by a coroner, and the 
 latter shall in such case have all powers and perform all 
 duties bestowed or enjoined by this Chapter upon sheriffs. 
 Writ of posses- 28. The wiit of possession shall be in the form here- 
 ^""'' unto annexed : 
 
 POKM or WRIT or POS.SESSiOX. 
 
 SS. Victoria, by the Grace of God, of the United 
 Kingdom of Great Britain and Ireland, Queen. 
 
 To the Sheriff of the County of , or to any other 
 
 of our Sheriffs r — 
 
 Whereas, A. B., is the purchaser at sheriff's sale of the 
 property heveinafter described ^ and it has been adjudged 
 
TITLE XXVI J TENANCIES AND DISTRESS FOR RENT. 1255 
 
 that he is entitled to the possassion of (here describe iheQ'H.k v. 125. 
 property), with the appurtenances. ~ ~ " 
 
 We command }'ou that you omit not by reason of any 
 liberty of your county, but that you enter the same, and 
 without delay you cause the said A. B to have possesi^ion 
 of the said land and premises, with the appurtenances, and 
 that you cause to be paid and satisfied unto the said A. B. 
 at the value thereof in money, the sum of — ~ for costs 
 hereof, and your own fees, and for want of goods and 
 
 chattels, lands or tenements of th,e said to be by 
 
 shown unto you or found within your precinct to 
 
 the acceptance of the eaid A. B. to satisfy the aforesaid 
 sums : We command you to take the body and commit 
 
 unto our gaol until pay the full sums above 
 
 mentioned, or that he be discharged by the said A. B., the 
 creditor, or otherwise, according to law. Whereof fail not 
 
 and make due return of this writ unto our said ^ 
 
 Court at in thirty days from the i><sue hereof. 
 
 Issued this ■ — ^ day of -^^, A. D., IS — ;. 
 
 CHAPTER 125. 
 
 OF TENANCIES AND DISTRESS FOR RENT. 
 
 1. When any house or tenemeriit is let bj' the year, j^otiee to quit, 
 three months' notice to quit before the expiration of thccjent.*" ''^ '"*" 
 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. 
 
 2. No distress for rent shall be made unless there beN" stress un- 
 an actual demise at a specific rent. miseataspeeiflG 
 
 rent. 
 
 3. Where any good.s are distrained for rent reserved Goods distrained 
 and due upon any lease or contract, and the tenant or '"a^gofj'P^fthln 
 owner of the aroods shall not within five days next after <>'?, ^^^ ^"«'' 
 
 , 1 . ^, T ■ iT . , 1 » notice, if not re- 
 
 the distress taken, and notice thereof with the cause oi pievied. 
 taking served upon him, or left at the most conspicuous 
 place on the premises charged with such rent, replevy the 
 same with security to be given to the sheriff, the landlord, 
 with the sheriff or his deputy or a constable, who are 
 required to aid therein, may cause the goods so distrained 
 to be appraised by two sworn appraisers, who shall be ' 
 
 sworn before a justice of the peace, the sheriff, his deputy, 
 a constable, or cowroissjoner. 
 
1256 
 
 TENANCIES AND DISTRESS FOR RENT. [PAET III. 
 
 Provisions in 
 case superior 
 landlord levies 
 jfoods 
 
 chattels 
 lodger. 
 
 of 
 
 Chap. 12-5. 4. The goods so distrained may be impounded or 
 
 cods may be otherwise secured in such place or on such part of the 
 
 sold on premises premises charcjeable with the rent as shall be most fit and 
 
 after five days' t' • . "j . i i n j • j ii j 
 
 notice. convenient, and the landlord may appraise, and sell, and 
 
 dispose of the same on the premises, after giving five days' 
 
 public notice of such sale by handbills, to be posted in at 
 
 lea.st five public places in the district in which such sale 
 
 is to take place. 
 
 Goo^s to be sold 5. After the appraisement the landlord shall sell the 
 
 paid, surplus togoods distrained for the best price to be gotten therefor, 
 
 remain for owner ^Q.^^g^j.jj5 payment of the rent due and expenses incurred, 
 
 leaving the surplus, if any, in the hands of the officer for 
 
 the owner's use. 
 
 6. If any superior landlord shall levy, or authorize to 
 be l-avied, a distie^s on any furniture, goods, or chattels of 
 any logger for any arrears of rent due to such superior 
 Ikncl ird by his immediate tenant, such lodger may serve 
 such superior landlord, or the bailiff, or other person 
 employed by him, to levy such distress, with a declaration 
 in writing made by such lodger, setting forth that such 
 immediate tenant has no right of property or beneficial 
 interest in the furniture, goods, or chattels so distrained or 
 threatened to be distrained upon, and that such furniture, 
 goods, or chattels are the property or in the lawful 
 possession of such lodger, and also setting out any and 
 what rent is due. and for what period, from such lodger to 
 his immediate landlord ; iand such lodger may pay to the 
 superior landlord, or to the bailiff, or other person 
 employed by him as aforesaid, the rent, if any, so due as 
 last aforesaid, or so much thereof as shall be sufficient to 
 di.^charge the claim of such superior landlord ; and to such 
 declaration shall be annexed a correct inventory, subscribed 
 by the lodger, of the furniture, goods, and chattels referred 
 to in the declaration ; and if any lodger shall make or 
 subscribe such declaration and inventory, knowing the 
 same or either of them to be untrue in any material 
 particular, he shall, upon summary conviction thereof 
 before a justice, be liable to a fine of not more than fifty 
 dollars, and in default of payment thereof to imprisonment 
 in the county ganl for a period not exceeding six months 
 with hard labor. 
 
 7. If any superior landlord, or any bailiff, or other 
 person employed by him, after being served with the before- 
 mentioned declaration and inventory, and after the lodger 
 shall have paid or tendered to such superior landlord, 
 bailiff, or other person, the rent, if any, which b}' the last 
 preceding section such lodger is authorized to pa\', shall 
 levy or proceed with a distress on the furniture, goods, or 
 
 After service of 
 declaration and 
 inventory by 
 lodger on su- 
 perior landlord 
 and ^payment 
 of rent, if said 
 landlord pro- 
 ceed, deemed 
 j^nllty of ille- 
 '^al distress. 
 
TITLE XXVI.] TENANCIES AND DISTRESS FOE BENT. 1257 
 
 chattels of the lodger, such superior landlord, bailiff, or Chap. 125. 
 
 other person shall be deemed guilty of an illegal distress; 
 
 and the lodger may apply to thfe County Court judge of the Remedy of 
 
 distiict wherein are the furniture, goods, and chattels so ° ^^^' 
 
 levied on, for an order for the restoration of such furniture, 
 
 goods, and chattels ; and such application shall be heard 
 
 before the County Court judge, who shall inquire into the 
 
 truth of such declaration and inventory, and shall make 
 
 such order for the recovery of the furniture, goods, or 
 
 chattels, or otherwise, as to him shall seem just; and the 
 
 superior landlord shall also be liable to an action at law at 
 
 the suit of the lodger, in which action the truth of the 
 
 declaration and inventory may likewise be inquired into. 
 
 8. Any payment made by any lodger by the last Payment by 
 
 */ 1 V -/ •/ cj »/ i0d.2"6r when 
 
 preceding section but one, shall be deemed a valid payment deemed valid. 
 on account of any rent due from him to his immediate 
 landlord. 
 
 9. All property brought upon or into any building when property 
 used as a market Ixmd fide for the purpose of sale by any exempt from 
 person or persons, not being the property of the tenant (or d's*'^^^^- 
 properly in which the said tenant is interested), shall be 
 exempt from distress for rent, notwithstanding anything 
 
 in this Chapter to the contrary. 
 
 10. Sheaves or cocks of grain, grain loose or in the Grain in the 
 straw, hay in a barn or upon a hovel, stack or rick, or upon bl?JI'&e'!'fhow 
 the land charged with such rent, may be locked up or de-^*^'™"^- 
 tained upon the premises by a landlord . having rent in 
 
 arrear, for or in the nature of a distress, until the same shall 
 be replevied upon security to be given as above ; and in 
 default of being replevied within the time above in that 
 behalf specified, after appraisement, made in like manner, 
 be sold ; but the same shall not be removed out of the 
 place where found and seized by the distrainer, to the 
 damage of the owner, before such sale. 
 
 11. Upon any pound-breach and rescue of goods dis-Eemedy in ease 
 trained for rent, the person aggrieved thereby may recover °njf°","^o^f '■';'? 
 his damages against the offender, or against the owner of s°<"i3 '"strained. 
 the goods distrained if the same be afterwards found to 
 
 have come to his use or possession. 
 
 12. In case any distress and sale be made by any per- Remedy in case 
 •son for rent where none is in arrear, the owner of the goods ^^nt wheTnone 
 distrained, his executors and administrators may by suit'siniirrear. 
 recover against the persons distraining or either of them, 
 
 his or their executors or administrators, the value of the 
 goods distrained, and such further damages as the jury may 
 award. 
 
1258 TENAKCIES AND DISTRESS FOR RENT. [PART III, 
 
 Chap. 125. 13. Where any distres.s shall he made for any kind of 
 Subsequent 17- ^snt justly due, and any irregularity or unlawful act shall 
 regularity not to i-,g afterwards donc by the party distraining- or bv his agent, 
 
 render distress . ,1. ■ ii 11 i. ^ 'i 1 
 
 unlawful. the distreSuS itseli shall not be therefore deemed to be un- 
 
 lawful, nor the party making it deemed a trespasser ab 
 
 Remedy of party mi'iio; but the person aggrieved by such unlawful act or 
 
 aggrieve . irregularity may recover full satisfaction for the special 
 damage he shall have sustained thereby, and no rriore : Pro- 
 
 Proviso. vided, nevertheless, that no tenant or lessee shall recover 
 
 in any action for any such unlawful act or irregularity as 
 aforesaid, if tender of amends shall have been made by the 
 person distraining or his agent before such action brought. 
 
 Goods not liable 14 Nq goods being uDon any messuage or tenement 
 
 to DG rCIDOVGCl O 1 •' O 
 
 under attach- leased shall be liable to be taken by virtue of any attach- 
 ment or execu- 1 .. 1 1.1. i 1. 1. • L Ll, 
 
 . tion till rent ment or executiou, unless the party at whose suit the 
 to'exceed one attachment or execution is sued out shall before removal of 
 year's amount, such goods from off the premises 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 aetuall}' due then a rata- 
 ble part thereof up to the levy of the attachment or execu^ 
 tion. 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 attaching or execution creditor may pro- 
 ceed as in other cases ; and the sheriff, his deputy or other 
 officer is required to levy and pay to the attaching or 
 execution creditor, as well the money so paid for rent as 
 the amount of his execution. 
 osods fraudu- 15. In casc any lessee of any messuage, lands or tene^ 
 
 lently removed , i.T_ ' i • 1 "e j. i 
 
 to avoid distress tnents, upon the demise whereof any rents are reserved, 
 
 viousiy°'soid^ hi s^^'l fraudulently or clandestinely convey from such 
 
 good faith be demised premises his goods, with intent to prevent the 
 
 twenty-one days, landlord distraining the same, such landlord, by himself or 
 
 his servants, may within twenty-one days then next ensu^ 
 
 ing 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 they shall not be liable to a distress. 
 
 Eent reserved 16. Rent in arrear and due upon a lease for life or 
 
 ufe'reeovemi 'as lives, may be recovered by action in the same way as if 
 
 in other cases, reserved upon a lease for years. 
 
 Rent distrained 17, Rent in arrear and due upon a lease for life or 
 monthsafterde- lives, or for ycars or at will, ended or determined, may be 
 iea3e"in*'certa?n distrained ^^^ after such determination, in the same way as 
 cases. if gygjj 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 and dnv 
 
TITLE XXVI.] TENANCIES AND DISTRESS FOR RENT. 1259 
 
 ing the possession of the tenant from whom such arrears Chap. 125. 
 are due. 
 
 18. Executors or administrators of a landlord may Executors, &p., 
 distrain upon lands demised for a term or at will, for rentS du^'de-""^ 
 due in his lifetime, and such rent may be distrained for ^^^'^^^^^^^^ '" 
 after the determination of such term or lease at will, in the 
 
 same manner as if such terra or lease had not been ended 
 or determined ; but the distress in such case must be made 
 within six months next after the determination of such 
 term or lease and during the continuance of the possession 
 of the tenant from whom such rent is due. 
 
 19. A landlord or his bailiff may seize as a distress f or p''*.'''=> ""r"' 
 
 - , 1 p 1 • p T fruits, &c., taken 
 
 arrears or rent any cattle or stock or his tenant reeding as distress. 
 upon any common belonging to any part of the premises 
 demised, and may also seize all sorts of corn, grain, grass, 
 hops, roots, fruits, pulse or other product growing on any 
 part of the premises demised, as a distress for arrears of 
 rent, and may cut, gather, cure, carry and lay them up 
 when ripe in barns or other places on the premises so 
 demised. 
 
 20. In case there is no barn or proper place on the such distress, 
 
 ~ . . ,, ji 1 ii how kept where 
 
 premises tor receiving the same, then he may cause the no bam on 
 same to be placed in any barn or proper place to be pro- ''""'^^^' 
 cured as near as may be to the premises, and in convenient 
 time shall appraise and dispose of the same towards satis- 
 faction of the rents and the charges of such distress as in 
 other cases. The appraisement shall be made after the 
 crop is cut, cured, and gathered, and not before. 
 
 21. Notice of the place where the goods so distrained iiotice of piaoo 
 ai'e deposited, shall, within one week after their being so how"and^''when 
 deposited, be given to the tenant or left at his last place of ^™"- 
 abode. 
 
 USE AND OCCUPATION. 
 
 22. Any landlord may recover in an action at law a Landlord may re. 
 reasonable satisfaction and compensation for the use and ™oupatio'n, what 
 occupation of any lands and tenements by any person under ™^Jg^^g"f^*j^^^ 
 any agreement not made by deed ; and if any parol demise ^s^s. 
 
 or other agreement, notbeing by deed, by which a certain 
 rent is reserved, shall appear in evidence on the trial of any 
 such action, the plaintiff shall not on that account be de- 
 barred from a recovery, but the same may be made use of 
 as evidence of the amount of the damages to be recovered. 
 
1260 
 Chap. 126. 
 
 POBCIBLE ENTRY AND DETAINER. [PART III. 
 
 CHAPTER 126. 
 
 OF FORCIBLE ENTRY AND DETAINER. 
 
 Warrants issued 1. In cases of Wrongful and forcible entry into lands, 
 
 '" °^ntey '°and and in cases of wrongful detainer, or withholding with 
 
 ble 
 
 '^art'^Md^to ^orce after possession demanded, and also when the lessee 
 ail. or sub-lessee shall illegally hold possession after the 
 
 determination of the lease and demand of possession, or 
 when entry shall be made on lands or into houses or 
 buildings, and the possession is withheld from the party 
 entitled, for seven days after notice to leave and possession 
 demanded, any two justices residing in the town or place 
 wherein the lands lie, on complaint on oath being made, 
 may by warrant cause the person so in possession to be 
 arrested and detained in custody until he find security for 
 his appearance to answer such complaint at the next term 
 or sittings of the County Court in the county, and to pay 
 the costs of the proceedings if adjudged against him ; and 
 in case he shall not find security, the cause shall notwith- 
 standing proceed, and such complaint and all proceedings 
 before such justices shall be forthwith filed by them in 
 the County Court. 
 
 2. No such warrant shall issue where the party 
 complained of or the person under whom he claims has 
 been in quiet possession for three years next before the 
 filing of the complaint ; unless in cases of tenancy, where 
 the same has terminated. 
 
 Complaint to be 3. The plaintift shall file and serve his complaint, 
 
 summarily tried, ^^jggy Stated; and the defendant shall, within fourteen 
 
 days thereafter, file and serve notice of defence, briefly 
 
 stated ; and the case shall be tried in a summary way in 
 
 Possession, when the names of the parties and as a civil suit; and if the 
 
 ' ' complaint is proved to the satisfaction of the court a writ 
 
 of possession shall issue, and the party complaining be put 
 
 in possession of the land and premises within ten days 
 
 Courtmay award thereafter. The court shall have power, at the same time, 
 
 der^^Sne^to be to award damages for such forcible entry, and in case of a 
 
 ^''^j"'^- tenant overholding, treble rent up to the time of the 
 
 landlord's acquiring possession, at the rate previously paid ; 
 
 but the court may, if they think fit, order that the cause 
 
 shall be tried, or the rent or damages be assessed by a jury. 
 
 In what case 
 warrant may 
 not issue. 
 
 Exception. 
 
 to be given. 
 
title xxvi.j escheating la.nds forfeited to the crown. 1261 
 
 Chap. 127. 
 CHAPTER 127. 
 
 OF ESCHEATING LANDS FORFEITED TO 'tHE CROWN. 
 
 1. The Governor- in-Council may direct the Attorney- inqi^estsM office 
 General to file inquests of office in the Supreme Court of filed, &o. 
 
 any county where the lands lie, for revesting in the Crown 
 lands that have been granted, but which shall have been 
 forfeited to the Crown in whole or in part for non-fulfilment 
 of the conditions in the grant. 
 
 2. A notice of the inquest, with a brief description of Notice ot in- 
 the lands therein, shall be published in the Royal Oazette,'^^^^ ' owgiven. 
 at least twice, and posted up at or near the door of the 
 
 court house, and in at least five other public places in the 
 county, during the period of one month ; and if any person 
 be living on the lands or any part thereof a copy of the 
 notice shall also be served on him personally, or leaving 
 the same at his last place of abode, if within the Province, 
 atid upon an affidavit filed in the court that this section has 
 been complied with, all the right, title and interest of the 
 grantee, or his heirs or assigns, in the lands described in 
 said inquest shall thereupon revest in the Crown, but any 
 person who shall have the right to traverse the inquisition 
 shall be at libertj' to come in and plead to said inquest 
 within one year from said default upon filing an affidavit 
 stating that it was his intention to defend said inquisition. 
 
 3. Should such appearance and plea be put in, the Proceedings in 
 cause shall be tried in the same way as other causes at anoe and pieaf"^ 
 common law; if judgment pass for the Crown, the defendant 
 
 shall be liable for the usual costs ; and if the defendant Coats. 
 succeed, his costs to be taxed in like manner and certified 
 by the judge, shall be paid bj' the Commissioner of Crown 
 Lands ; but the burden of proof that the terms of said grant 
 have not been complied with shall be upon the defendant. 
 
 4. If any tenant shall wilfully neglect to give informa- Penalty in case 
 tion of the notice to his landlord, in case he shall be within to"?n«orm''5and- 
 the Province, or to his known attorney, or agent, in case he '""^ "' °'"'°°' 
 shall be absent therefrom, he shall forfeit a sum not 
 exceeding four hundred dollars, to be recovered by the 
 
 party injured. 
 
 5.' Any number of lots within the county may be inquest may in- 
 included in the same inquest, but the traverses and trials lots, but trial 
 shall be separate. ?ate. ° "'"' 
 
 C. Where one grant includes several lots, or where Where grant 
 under one grant separate allotments are subsequently lots'^'^so.'" to™' 
 assigned to grantees or their assigns, the liability to Jf^{,"r«^°^'^°^°h' 
 forfeiture of each lot shall depend upon the performance of 
 the conditions in respect of that particular lot. 
 
12B2 ESCSEATINa LANDS FORFEITED TO tflE OrOWN. [PART III. 
 
 Chap. 127. 7. The plea traversing the inquest shall be confined to 
 jpiea, natiir^ of. * Simple denial of the liability to forfeiture under the 
 terms of the grant, and of this Chapter; and no other 
 plea shall be allowed unless by special leave of a judge^ 
 
 Granting of 8> Land SO cscheated shall not be granted to any person 
 
 eschoated lands, g^cept to the Original owner, his heirs or assigns, before 
 the expiration of one year from the date of the judgment. 
 
 Parties applying 9. Parties applying for grants of Crown lands shall, as 
 lo"^ rank "accord- rcspects their respcctive rights to the same, have preced- 
 Krf^'eiication''^ ®"^® ^^ ^^^ Order of their respective applications; the 
 first applicant, in order of time being held to be law- 
 fully entitled to the same over all other applicants ; 
 and if from inadvertence or other cause a grant is 
 issued to a sub.sequent applicant while a preceding legal 
 application is outstanding, said grant shall and may, upon 
 the filing of an inquest under this Chapter, be declared 
 void and of no effect ; and the party entitled to a grant of 
 said lands hereunder shall receive the same, unless it be 
 deemed necessary or advisable to refuse to issue a grant 
 thereof to any person or persons whomsoever. 
 
 An application 10. Ad application book shall be kept in the office of 
 e ep . j.j^^ Commissioner of Crown Lands, in which shall be 
 entered all applications for Crown lands in the order in 
 which they may be made. Such entry shall specify the 
 name of the applicant and his residence ; the date of such 
 application and the amount of money paid into the office 
 by him. 
 
tlTLE XXVII.] COSTS AND FEES. 1263 
 
 Chap. 128. 
 
 TITLE XXVII.' 
 
 CHAPTER 128. 
 
 OF COSTS AND FEES. 
 
 1. Fees for the services mentioned in the schedule to f^^ljj*"^^^ '*^ '" 
 this Chapter shall be as therein prescribed, 
 
 2. Any person takingr (greater fees shall, for each Penalty for tak- 
 
 V L O ^ ' inSf 6XCGSS1VC 
 
 offence, forfeit to the party aggrieved forty dollars ; which fess. 
 sum, with sujch excessive fees, may be recovered by him in 
 an action for debt. 
 
 3. Actions for such forfeitures shall be brought in the-**'"''™ '■"■ ^ 
 
 . o . . . penalties, where 
 
 county where the offence was committed, and withm six brought ; iimita- 
 toonths next after the date of such offence. 
 
 4. The prothonotary of the Supreme Court and the^™*^°;°fj 
 clerk of the County Court shall examine and compare all county courts 
 bills of costs of the attorneys of the respective courts, and compare wus 
 shall mark in the margin of said bill over against the°*°°'*'^" 
 items the amount charged in the bill in excess of the 
 amount allowed by this Chapter for the same ; he shall 
 
 count all pleadings, affidavits and documents and endorse 
 thereon the number of the folios and the amount, and shall 
 initial the bill before it shall be presented to the judge to 
 be taxed, allowed and signed by him. 
 
 5. Every prothonotary and clerk of the County Court P^o^^jjo'^fy 
 shall, whenever required, furnish to the attorneys or County court 
 parties requiring the same, a bill of the items of his own, 't itenw,^vheIl 
 the crier's and constable's fees, on penalty of twenty 'equii-ed. 
 dollar." ; and nothing shall be taxed for such fees if the 
 demand be made and not complied with before taxation of 
 
 the costs in tne cause. 
 
 SClIEX>TJI>E. 
 
 Fees to he taken at the Provincial Setiretdry's Ojfflc6, and 
 paid into the Treasury, 
 
 Each certificate, under the hand of the Governor and 
 the Great Seal of the Province, four dollars. 
 
 Each certificate, under the hand of the Governor and 
 the seal at arms, two dollars^ 
 
 Each certificate, under the hand and seal of the 
 Provincial Secretary, one dollar. 
 
1264 COSTS AND FEES. [pART III. 
 
 Chap. ] 28. For registering diploma $4 00 
 
 II commission for sheriff 2 00 
 
 II II coroner -5 00 
 
 II 'I notary and tabellion public. ... 10 00 
 
 I copies of any papers in the secretary's office, per 
 
 folio 10 
 
 II searching books or documents in the secretary's 
 
 office 2.5 
 
 II commission for Judge of Probate 10 00 
 
 II II prolhonotary 10 00 
 
 II " registrar of deeds 10 00 
 
 II II II probaf;e. 1 00 
 
 n II deputy surveyor of Crown lands. 5 00 
 It » persons appointed commissioners 
 abroad under chaptei* " Of 
 
 Witnesses and Evidence".. 5 00 
 
 II II justices of the peace 5 00 
 
 II II master in Supreme Court 5 00 
 
 II II Queen's counsel 30 00 
 
 The fees to be charged and payable on each marriage 
 
 license shall be 4 00 
 
 Prothonotary's Fees. 
 
 Entering action, filing oath, warrant or praecipe .... 50 
 Sealing and signing every writ, execution, or other 
 
 process 20 
 
 Filing every writ, and entering return 10 
 
 Filing declaration and all other pleadings 10 
 
 Entering appearance 30 
 
 Entering and filing every rule of court 10 
 
 Copy of every rule when given by prothonotary. . 10 
 For drawing and striking a special jury, and for 
 copies of the lists furnished to the respective 
 parties and all other services connected there- 
 with 2 00 
 
 Entering cause on docket ; including attendance at 
 
 all chambers 30 
 
 Swearing and impannelling jury 20 
 
 Swearing each witness or constable 10 
 
 Taking and entering verdict 20 
 
 Entering judgment 40 
 
 The prothonotary at Halifax, for the entry of a 
 judgment not belonging to the Supreme 
 Court at Halifax, and for the transcript 
 
 thereof 50 
 
 Filing retraxit or discontinuance 10 
 
 Copies of all papers, per folio 10 
 
 Every exhibit in a cause filed in court 06 
 
 Taking affidavit in court 20 
 
TITLfi XXVII.] COSTS AND FEES. 
 
 Filing affidavit $ 
 
 Searching records .- 
 
 Entering ever}' default 
 
 Drawing and taking every recognizance 
 
 Entering every non-suit 
 
 Sealing and signing every subpcsna 
 
 Every ticket 
 
 Continuance of every cause 
 
 Filing the roll in every cause . , 
 
 Taxing bill of costs 
 
 Copy of docket and certificate of judgment 
 
 Certificate of discharge of judgment 
 
 In judgments on undefended declaration cases, by 
 
 confession or default. . . -. 2 
 
 In judgments on undefended foreclosure cases..., 3 
 
 In Summary and Appeal Suits. 
 
 Signing and sealing writs 
 
 For all other services, including final judgment, 
 
 when not tried by a jury 
 
 For every alias summary writ and prascipe 
 
 In Suh-summary Suits. 
 
 Signing and sealing writ 
 
 Signing judgment , _ 
 
 Every subpoena or ticket 
 
 1265 
 
 10 Chap. 
 
 10 
 
 10 
 20 
 10 
 20 
 10 
 20 
 20 
 20 
 50 
 20 
 
 50 
 50 
 
 50 
 
 50 
 40 
 
 128. 
 
 20 
 30 
 10 
 
 No commission shall be allowed or deducted from 
 money paid into court under any rule or plea. 
 
 Commissioner's Fees. 
 
 For administering oath « 
 
 For marking writ 
 
 Taking depositions of witnesses, each witness .... 1 
 
 And for taking depositions, per folio 
 
 Travelling fees, when necessary, per mile. 
 
 Sheriff's Fees. 
 
 Serving summons and making return thereof 
 
 Serving every other writ of mesne process or scire 
 
 facias, and making return thereof 1 
 
 Serving every execution and making return thereof 1 00 
 Returning every execution whei'e the same has not 
 
 been served 30 
 
 81 
 
 20 
 20 
 00 
 10 
 05 
 
 70 
 00 
 
1266 COSTS AND FEES, [PART III. 
 
 Chap. 128. Serving every writ of possession and making return 
 
 thereof ". $3 00 
 
 •Travel per mile from the place of residence of the 
 sheriff to the place where he shall serve a 
 writ 10 
 
 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 $ 60 
 
 Summoning a jury in each cause 50 
 
 Executing writ of inquiry, summoning jury, and 
 
 making return 2 00 
 
 Returning every special jury 3 00 
 
 On execution or attachment where a sale shall take 
 place extended on personal property, sale and payment of 
 the money to the party or his attorney, as follows : — 
 
 For any sura not exceeding $200, five cents in the 
 dollar. 
 
 From $200 to $400 four cents in the dollar. 
 
 For all aVjove $400, two and a half cents in the 
 dollar. 
 
 In cases where there shall be no sale, one-half the 
 above fees on actual payment of the money. 
 
 For making inventory of goods attached, such 
 reasonable fees as shall be taxed by the court 
 out of which the writ shall have issued 
 
 For certifying copy of attachment levied on real 
 estate and making and delivering to the 
 registrar of deeds copy of the appraisement 
 of the real estate $1 OO 
 
 On the sale of all real estate, whether by virtue of an 
 execution or attachment, or b}' virtue of any 
 rule or order, and payment of the proceeds 
 to party or his attorney, two and a half cents 
 in the dollar. 
 
 Every deed , , , , 2 00 
 
 Bringing up prisoner by habeas corpus 1 00 
 
 Attending prisoner before judge on any special 
 
 occasion 75 
 
 For every member returned dul}' elected to serve in 
 general assembly, to be paid out of the 
 treasury in lieu of all other expenses charge- 
 able upon the treasury q OQ 
 
 For summoning the grand and petit juries, a sum 
 not exceeding $20 for both juries, if allowed 
 by the grand jury and approved by the 
 sessions. 
 
I'lTLE XXVII.] COSTS AND PEES. 1267 
 
 For attending on the terms and sittings of the Chap. 128. 
 
 Supreme and County Courts, not exceeding 
 $1.50 for each day's attendance, while said 
 courts are actually sitting. 
 
 Appraiser's Fees. 
 
 For appraising goods or real estate taken under 
 
 attachment, each appraiser $ 50 
 
 When property is extensive and complicated, for 
 
 each day actually employed, each appraiser 70 
 
 Juror's Fees. 
 
 Petit and special jurors, per day 1 00 
 
 Travel per mile from place of residence to court 
 
 house 10 
 
 Witness' F^es. 
 
 For attendance,' per day 50 
 
 Travel per mile, coming and going 05 
 
 To be the same in every court. 
 Plaintiff or defendant no witness fees except where 
 called by the opposite party. 
 
 Crier's Fees. 
 
 For everj' default on non-suit 07 
 
 II calling jury in each cause 10 
 
 II every verdict 07 
 
 II swearing every witness 05 
 
 M discharging a party by proclamation 10 
 
 On every bill of costs taxed in the country 10 
 
 II 11 M Halifax 20 
 
 Constables Fees in Supreme Court. 
 
 Attending jury in each cause . . . , 20 
 
 Serving every warrant or summons 20 
 
 ■Summoning a jury by warrant from coroner, and 
 
 attendance per day , 50 
 
 Travel per mile the same as sheriff. 
 
 Coroner's Fees. 
 
 For every inquisition, including $2.50 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 municipal 
 
 ■council, to be a municipal charge. 
 The same fees as a sheriff in cases where he 
 
 discharges the duties of a sheriff. 
 
1268 COSTS AND FEES. [PAET III. 
 
 Chap. 128. Arbitrator's Fees under a Rule of Court. 
 
 Reasonable fees to be taxed. 
 
 Medical Practitioners Fees. 
 
 For attendance and evidence before coroner, includ- 
 ing post mortem examination S5 00 
 
 Master's Fees. 
 
 Every attendance on a reference, shown to have been 
 necessary hy affidavit, and approved of by 
 the judge 1 50 
 
 Every report 1 50 
 
 And for every folio beyond six folios, but not to 
 
 exceed twenty folios in all 20 
 
 Administering every oath and signing jurat 40 
 
 All necessary travel, going and returning, per mile 05 
 On sales of land in foreclosure and other equitable 
 suits : — For sheriff or master attending the 
 sale and receiving and paying over the 
 amount, in lieu of all poundage 10 00 
 
 COURT OF MARKIAOE AND DIVORCE. 
 
 The judge ordinary, for each day he shall actually 
 
 attend 4 GO 
 
 Advocate and Proctor's Fees. 
 
 Retaining fee for counsel 5 00 
 
 Proxy ] 50 
 
 Draft of libel or other pleading, per folio 20 
 
 Engrossing same, per folio 10 
 
 Entering appearance 75 
 
 Every subpoena, citation or other writ 1 00 
 
 Copies for service, each 30 
 
 Drawing affidavit of service of subpoena, citation, or 
 
 other process or proceeding 40 
 
 Every petition necessary in conducting a cause 75 
 
 Every order 75 
 
 Counsel fee on making or defending every special 
 
 motion, not to exceed 5 00 
 
 Drawing brief in every cause, per folio 20 
 
 Counsel fee for examining and signing each pleading 2 33 
 
 Draft of interrogatories, per folio > 20 
 
 Engrossing ditto 10 
 
 Counsel fee on hearing or argument, not to exceed. . 14 00 
 
 Making up bill of costs 75 
 
 Serving every subpoena, or other writ or order 70 
 
TITLE XXVII.] COSTS AND FEES. 1269 
 
 Travel, per mile, from the residence of the party Chap. 128. 
 
 making service to the place of service $ OS 
 
 Every necessary attendance on the registrar 1 50 
 
 Draft of decree, per folio 10 
 
 Engrossing ditto , 10 
 
 Registrar's Fees. 
 
 Entering and filing every bill 50 
 
 Entering and filing every other pleading 30 
 
 Filing all other papers, each 10 
 
 Signing and sealing every -writ, and certifying 
 
 copies , 50 
 
 Every search 20 
 
 Copies of all papers, per folio 10 
 
 Drawing and signing every rule or order 20 
 
 Every necessary attendance on the judge ordinary 1 00 
 
 Every court day , 1 00 
 
 On procuring signature of final decree 1 50 
 
 Commissioners on Examination of Witnesses. 
 
 For taking the examination of every witness, each 
 
 commissioner, per day S5 00 
 
 PBOBATB COURT. 
 
 Judge's Fees. 
 
 Where the estate does not exceed $400 and there is 
 
 no contest, in full of all fees , 4 00 
 
 Where the estate does not exceed $800 and there is 
 
 no contest, in full of all fees 6 00 
 
 Every citation, including order for the same 40 
 
 Every order not herein specially provided for 40 
 
 For the probate of a will or letters of administration 
 where the estate does not exceed $800, and 
 
 order for the same 3 50 
 
 Ditto, ditto, when above $800 and not exceeding 
 
 $4000, and order , 4 00 
 
 Ditto, ditto, when above $4000, and order 950 
 
 For warrant of appraisement and order for the same 50 
 For every subpoena, attachment, execution, or other 
 process not otherwise provided for, including 
 
 order for the same 20 
 
 Letters ad colligendum 2 00 
 
 Sentence or decree in ordinary cases of granting 
 licenses to sell, mortgage or lease real estate, 
 passing accounts of distribution, &c. ...... . 2 00 
 
1270 COSTS AND FEES. [PART 111^. 
 
 Chap. 128, Sentence or decree for probate of a will or codicil, 
 
 ~ letters of administration, or granting license 
 
 to sell, mortgage or lease real estate, passing 
 
 accounts of distribution, &c., where there is a 
 
 contest $ 6 OO 
 
 Transmitting appeal with statement of decision .... 5 00 
 
 Taking testimony in writing where there is a con- 
 test, per folio 20 
 
 Warrant for appraisers to divide real estate, on peti- 
 tion of parties 1 OO 
 
 Bedimus potestatem, to take deposition of witnesses, 
 
 and order therefor 1 00' 
 
 Appointing and allowing guardians to minors, and 
 
 order therefor 3 00 
 
 Every oath administered by him 20" 
 
 Examining and taxing costs 50 
 
 Registrar's Fees. 
 
 Where the estate does not exceed $400 and there is 
 
 * no contest, in full of all fees 4 OO' 
 
 Where the estate do'es not exceed $800 and there is 
 
 no contest, in full of all fees 6 OO 
 
 For filing every paper 07 
 
 Probate of will and letters of administration and 
 
 entry df order therefor, where the estate is 
 
 under $300 3 50 
 
 Where estate is above $800 and does not exceed 
 
 $4000, and entry of order 4 00 
 
 Where estate is above $4000, and entry of order 
 
 therefor , 9 50 
 
 Letters of guardianship or ad colligendum, and 
 
 entry of order 2 00 
 
 Copy of will and probate, per folio 10 
 
 For preparing bond in all necessary cases 80 
 
 Preparing citation and seal 40 
 
 Each copy thereof , 20 
 
 Preparing necessary affidavits, each 20 
 
 Filing every warrant and seal 50 
 
 Filing every certificate of license to sell real estate. 1 00 
 
 For all copies of papers, per folio 10 
 
 For every certificate and dedimns potestatem 1 OO 
 
 For entry of every decree in registry book, and of 
 
 every order not specially provided for, per folio. 10 
 
 Every search or inspection of documents 20 
 
 Preparing subpoena and seal 40 
 
 Filing each ticket for the same 10 
 
 Filing every caveat or appeal 40 
 
TITLE XXVII.] COSTS AND FKES. 1271 
 
 Preparing every execution, attachment, or other Chap. 128. 
 
 process not specially provided for, and entry 
 
 of order therefor $ 40 
 
 Filing every decree 2 00 
 
 Every oath administered by him 20 
 
 Taxing costs 50 
 
 Proctor and Advocates Fees. 
 
 Taking instructions for client to commence or defend 
 
 proceedings in probate court 2 00 
 
 Preparing every petition 1 00 
 
 Preparing every allegation or other paper necessary 
 to be prepared by him, including accounts, 
 per folio 20 
 
 Every additional copy thereof, per folio 10 
 
 Every necessary attendance on judge 1 50 
 
 Every hearing or argument before the judge, not less 
 than two dollars and fifty c§nts nor more 
 than ten dollars, at the discretion of the judge. 
 
 Serving every notice or other paper on each person. 20 
 
 Sheriff or other Ministerial Officer's Fees. 
 
 Serving citation or other process (subpoena 
 
 excepted), on each person 50 
 
 Posting up the same in three public places directed 
 
 by the judge 1 00 
 
 Serving subpoena on each person 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 cotjet. 
 
 Justice's Fees. 
 
 Each summons or capias and copy thereof 40 
 
 Affidavit for a capias and swearing 10 
 
 Subpoena 20 
 
 Tickets 10 
 
 Trial and judgment in all causes 20 
 
 Venire 20 
 
 Returning papers on appeal to Supreme Court 20 
 
 Each execution 20 
 
 Affidavit of service of summons when required and 
 
 e weai ing 10 
 
1272 COSTS AND FEES. [PAET III. 
 
 Chap. ] 38. Affidavit on appeal and swearing $ 10 
 
 Appeal bond 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 justice first applied 
 to, and the remaining third to the other. 
 
 Constable's Fees. 
 
 Serving summons and making return $ 20 
 
 Serving capias and making return 20 
 
 Bail bond 20 
 
 Summoning a jury 20 
 
 Summoning each additional juror where there are 
 
 not sufiicient by-standers 05 
 
 Serving subpoena, each witness 10 
 
 Serving execution ' 20 
 
 Poundage on execution on sale of goods 10 
 
 Poundage on execution where the amount is paid in 
 
 money, for each four dollars 05 
 
 All travelling to be computed from residence of 
 justice to residence of defendant, on summons, 
 capias or execution, each mile when neces- 
 sarily done ; and from residence of oflicer to 
 residence of witness, on subpoena, each mile 
 
 when necessarily done 08 
 
 In cases of execution levied on the body, travelling 
 to be computed from residence of oflicer to 
 that of defendant, and thence to .place of 
 confinement, each mile , 10 
 
 Where subpoenas are served by a constable, travel shall 
 not be charged for serving each witness, but only so much 
 travel as may be actually and necessarily performed by 
 the constable in serving all the subpoenas. 
 
 Witness' Fees. 
 
 Each day in actual attendance $ 50 
 
 All travelling, to be computed from the residence of 
 
 the witness to the place of trial, per mile OS 
 
 Note. — If the witness at the time of being served with 
 the subpoena demands his fees, he shall not be bound to 
 attend unless fees equal to one day's attendance and his 
 travel as above be tendered to him at the time, or at such 
 Other reasonable time before the day of trial, as to admit 
 of his attendance with certainty. 
 
TITLE XXVn.] COSTS AND FEES. 1273 
 
 Juror's Fees. <^^^^- ^^^- 
 
 Each juror on every trial $ 20 
 
 Fees of Jailer or Keeper of LocJc-up House. 
 
 For every person committed to jail on civil process 50 
 For every person discharged therefrom, except insol- 
 vents or indigent debtors and criminals 50 
 
 BASTARDY CASES. 
 
 Justice's Fees. 
 
 The examination of the woman in writing 20 
 
 Warrant to apprehend the reputed father before 
 
 birth of the child 40 
 
 Bond to indemnify the township or district 60 
 
 Warrant to bring the reputed father and mother 
 
 before the justices ^ 60 
 
 All commitments, each . , 20 
 
 Bond to perform order of filiation, whether on appeal 
 
 or otherwise 60 
 
 Warrant to apprehend the reputed father when he 
 
 shall not have appeared at the time of making 
 
 order of filiation 40 
 
 Order of filiation, per folio 10 
 
 Constable's Fees. 
 The same as. in other cases before justices. 
 
 FEES OF BBGISTKAR OF DEEDS. 
 
 For the attestation of a subscribing witness 20 
 
 For entering and registering every deed or convey- 
 ance, every 90 words 10 
 
 For entering every docket of judgment or attach- 
 ment 50 
 
 For registering appraisement, per folio 10 
 
 For entering and filing a discharge of judgment or 
 
 attachment 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) 20 
 
 For every office copy from the books of registry 
 
 delivered out, 100 words 10 
 
 For every certificate upon such office copy, where 
 
 such shall be required 20 
 
1274 COSTS AND FEES. [PART III. 
 
 Chap. 128. For every search, whether for a single deed or con- 
 veyance, or for a single title, made on one 
 
 and the same day $ 20 
 
 For filing, indexing, and entering every bill of sale 
 
 or copy 20 
 
 For administering every oath thereon 20 
 
 For entering and indexing every certificate of dis- 
 charge , ^ 20 
 
 For inspection of bill of sale 20 
 
 For every certificate of £itle and encumbrances 
 furnished 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 DISTRESS FOR RENT. 
 
 Warrant to bailiff 50 
 
 Appraisement 20 
 
 Notice and each necessary copy 10 
 
 Appraisers, each 25 
 
 On a sale, the same fees as to a sheriff. 
 No custody money to be allowed. 
 
 CRO'Wir LAND OFFICE FEES. 
 
 For every search 30 
 
 Copy of any grant 50 
 
 For every copy of, or portion of, or an entire gen- 
 eral plan of a county, such reasonable sum as 
 the Commissioner may approve. 
 
 Copies of other documents, per folio 10 
 
 The above fees shall not apply to applicants for grants, 
 or to information in connection with such applications ; 
 and all such fees shall be paid into the office of the 
 Treasurer and accounted for in the annual account of the 
 Commissioner of Crown Lands. 
 
INDEX. 
 
INDEX TO CHAPTERS. 
 
 1277 
 
 INDEX TO CHAPTERS, 
 
 PAGE. 
 
 Accident, compensation to families of 
 
 persons killed by 1220 
 
 Actions, limitation of 1196 
 
 Administrators, &c., suits against. . .. 1205 
 
 Agricultural and land corporations . . 304 
 
 Agriculture, encouragement of 298 
 
 Aid, municipal, in the construction of 
 
 railways 421 
 
 Aliens, property and civil rights ot . . 635 
 
 Animals and birds, preservation of . .. 548 
 
 going at large 511 
 
 rabid 217 
 
 Appointment and privileges of justices 
 
 of the peace 722 
 
 Apprentices, servants, and masters . . 693 
 Apprenticeship, transfer of articles of 
 
 indenture 695 
 
 Arbitration 1214 
 
 Arrangements between railway com- 
 panies and their creditors 419 
 
 Articles of indenture of apprentice- 
 ship, transfer of 695 
 
 Assembly, election of members of ... . 15 
 Assessments for repairs of meeting 
 
 houses 195 
 
 municipal 467 
 
 Associations and institutes, library . . 606 
 
 Attorneys and barristers 1188 
 
 Barristers and attorneys 1188 
 
 Bastard children, maintenance of 272 
 
 Bills of sale, secret, prevention of 
 
 frauds on creditors by 649 
 
 Birds and animals, preservation of . , ■ 548 
 
 Blind, education of 260 
 
 Boards of fire-escapes 500 
 
 health and infectious dis- 
 eases 211 
 
 Boundaries of counties, districts and 
 
 townships 165 
 
 Bridge and road grants, expenditure 
 
 of 328 
 
 Bridges and public landings 352 
 
 Buildings, county 180 
 
 industrial and exhibitioi), . 491 
 
 Canada, Supreme and 
 Courts of 
 
 Exchequer 
 
 1195 
 
 PAGE. 
 
 Care and guardianship of drunkards. 688 
 
 Casual and territorial revenue , . 66 
 
 Cattle and animals, stray 511 
 
 impounding of, fences, &c 513 
 
 Certain public officers, their salaries 
 
 and duties 155 
 
 Charities, public, commissioners of . . 262 
 
 Children, bastard, maintenance of . . . , 272 
 prevention and punishment 
 
 of wrongs to 685 
 
 Church of England 185 
 
 Civil procedure in magistrates' courts 728 
 
 rights and property of aliens. . . . 635 
 Clerks of the Crown and prothono- 
 
 taries 175 
 
 Closing roads 344 
 
 Clubs, farmers' 306 
 
 Coasting on highways, roads over ice, 
 
 and guide boards 521 
 
 (Commissioners of public charities .... 262 
 sewers, dyked and 
 
 marsh lands .... 308 
 
 streets 345 
 
 Common fields 318 
 
 tenancy in 636 
 
 Companies incorporated, winding up 
 
 of 588 
 
 joint stock 567 
 
 railway and their credi- 
 tors, arrangements 
 
 between 419 
 
 Compensation to families of persons 
 
 killed by accident 1220 
 
 Composition, powers and privileges of 
 
 the Houses '. 7 
 
 Congregations and societies, religious 189 
 
 Constables, protection of 179 
 
 special, and preserving 
 
 order 177 
 
 Construction and promulgation of 
 
 statutes 2 
 
 of railways, municipal 
 
 aid in 421 
 
 Controverted elections and corrupt 
 
 practices 43 
 of municipal 
 and town councillors and corrupt 
 
 practices ; 4S4 
 
1278 
 
 moEX TO CHAPTERS, 
 
 PAGE. 
 
 Conveying of timber and lumber on 
 
 rivers, &o v 518 
 
 Convictions and orders, summary, by 
 
 justices of the peace 742 
 
 Coroners \ 176 
 
 Corporations, general provisions re- 
 specting 562 
 
 land and agricultural . . 304 
 Corrupt practices and controverted 
 
 elections > 43 
 
 Corrupt practices and controverted 
 elections of municipal and town 
 
 councillors 454 
 
 Costs and fees 1263 
 
 Councillors, municipal and town, con- 
 troverted elections of 454 
 
 Counties, districts and townships, 
 
 boundaries of 165 
 
 County buildings 180 
 
 courts and procedure therein. 1145 
 
 incorporations 425 
 
 Court of probate and procedure th erein 697 
 
 Supreme and procedure therein 799 
 
 Courts, county and procedure therein 1145 
 
 magistrates', civil procedure in 728 
 
 Supreme and Exchequer of 
 
 Canada > 1 195 
 
 Creditors, frauds on by secret bills of 
 
 sale 649 
 
 Crown clerks of and prothonotaries. . 175 
 
 , . . l^ftds 142 
 
 forfeited to,, escheat of . . 1261 
 
 property, trespasses to 149 
 
 Custody and estates of lunatics 281 
 
 Deaf or deaf mute persons, education of 258 
 
 Debtors, indigent confined in jail. . . . 1224 
 Deeds and encumbrances affecting 
 
 lafids, registry qf 623 
 
 Descent of real and personal estate . . 643 
 
 Detainer and forcible entry 1260 
 
 Diseases, infectious 21 1 
 
 Distress for rent and tenancies 1255 
 
 Districts, poor 271 
 
 township3,&c., boundaries of 165 
 
 Dower, writ of 1236 
 
 Drugs and medicines, sale of 206 
 
 Drunkards, care and guardianship of 688 
 Duties and salaries of certain public 
 
 officers 165 
 
 Dyked and marshlands, commissioners 
 
 of 308 
 
 Education of the blind 260 
 
 deaf or deaf mute per- 
 sons 258 
 
 Election of members of the House of 
 
 Assembly , 15 
 
 Elections, controverted 43 
 
 of municipal 
 
 and town councillors. . 454 
 
 corrupt practices at 43 
 
 of muni- 
 cipal and town- councillors 454 
 
 PAaii. 
 
 Encouragement of agriculture 298 
 
 Encumbrances affecting lands, registry 
 
 of 623 
 
 England, church of 185 
 
 Entry, forcible, and detainer 1260 
 
 Escheating lands forfeited to the 
 
 Crown 1261 
 
 Estate, real and personal, descent of 643 
 
 wills of... 637 
 
 Estates and custody of lunatics , 281 
 
 tail 636 
 
 Estreats 1230 
 
 Evidence and witnesses 1179 
 
 Exchequer and Supreme Courts of 
 
 Canada 1195 
 
 Execution, sale of lands under. ...... 1249 
 
 Executors, &c., suits against 1205 
 
 Exhibition and industrial buildings . . 491 
 
 Exhibitions, public 522 
 
 Expenditure of provincial road and 
 
 bridge grants 328 
 
 Families of persons killed by accident, 
 
 compensation to 1220 
 
 Farmers' clubs .306 
 
 Fees and costs 1263 
 
 Fences and impounding of cattle 513 
 
 Ferries 353 
 
 Fields, common 318 
 
 Fires and firewards 493 
 
 Fire escapes, boards of 500 
 
 Fires, protection of woods against. , . 507 
 
 Forcible entry and detainer 1260 
 
 Foreclosure of mortgage, sale of lands 
 
 under 1247 
 
 Forfeited lands, escheating of 1261 
 
 Frauds and perjuries, prevention of . . 647 
 on creditors by secret bills of 
 
 sale 649 
 
 Fuel, &c. , regulation and inspection of 523 
 
 General provisions respecting corpora- 
 tions 562 
 
 Going at large of certain animals .... 511 
 
 Grants, provincial, to roads and 
 
 bridges, expenditure of ........ . 328 
 
 Great roads, laying out and manage- 
 ment of certain 321 
 
 laying out of other than 325 
 
 seal of the Province 7 
 
 Grounds public, supervisors of 486 
 
 Guardians and wards 687 
 
 Guardianship and care of drunkards. . 688 
 
 Guide boards and roads over ice. . . . 521 
 
 Gunpowder, transportation and use of 516 
 
 Halifax, university of 248 
 
 Health, boards of, and infectious dis- 
 eases 211 
 
 High\Yay labor 335 
 
 Hospital for insane, property granted 
 
 in trust for 264 
 
 House of Assembly, election of mem- 
 bers of 15 
 
INDEX TO CHAPTEES. 
 
 1279 
 
 PAGE. 
 
 Houses, legislative, composition, pow- 
 ers and privileges 7 
 
 Ice, roads over, &c 521 
 
 Immigranta 559 
 
 Impounding of cattle, fences, &c 513 
 
 Incorporated companies, winding up 
 
 of 588 
 
 sureties for officers .... 609 
 
 Incorporations, county 425 
 
 Indigent debtors confined in jail, re- 
 lief of 1224 
 
 Industrial and exhibition buildings . . 491 
 Infectious diseases, and boards of 
 
 health 211 
 
 Inquiries concerning public matters . . 1234 
 Insane, property granted in trust for 
 
 hospital for 264 
 
 Institutes and associations, library . . 606 
 Inspection and regulation of provi- 
 sions, &c., and other merchandise 523 
 
 Instriiction, public 218 
 
 Intoxicating liquors, licenses for sale 
 
 of 531 
 
 Jail, indigent debtors confined in, re- 
 lief, of 1224 
 
 Jails and other county buildings 180 
 
 Joint stock companies 567 
 
 tenancy and tenancy in common 6.36 
 Judges, justices, and other judicial 
 
 officers 1 194 
 
 Juries 1167 
 
 Justices of the peace, appointment and 
 
 privileges of 722 
 summary convic- 
 tions and orders by 742 
 
 Labor, highway 335 
 
 Land and agricultural corporations . . 304 
 
 Landings, public, &c 352 
 
 Lands, dyked and marsh, commission- 
 ers of 308 
 
 forfeited to Crown, escheat of. 1261 
 
 of the Crown 142 
 
 partition of 1 239 
 
 registry of deeds and encum- 
 brances aflfecting 623 
 
 sale of under execution 1249 
 
 sale of under foreclosure of 
 
 mortgage 1247 
 
 Laying out and management of certaiti 
 
 great roads 321 
 
 roads other than great 
 
 roads 325 
 
 Legislative library 154 
 
 Liberty of the subject, securing of.. 1221 
 
 Library associations and institutes . 606 
 
 legislative 154 
 
 Licenses for the sale of intoxicating 
 
 liquors 531 
 
 Liens in favor of mechanics and others 628 
 
 Limitation of actions 1196 
 
 PAGE. 
 
 Liquors, intoxicating, licenses' for sale 
 
 of 531 
 
 Lumber and timber, conveying of on 
 
 rivers, &c 518 
 
 provisions, &c, regulation and 
 
 inspection of 523 
 
 Lunatics, custody and estates of . . . . 281 
 
 Magistrates' courts, civil procedure in 728 
 
 Maintenance of bastard children .... 272 
 Management and laying out of certain 
 
 great roads 321 
 
 Manure, sea 520 
 
 Markets, public 492 
 
 Marriage, solemnization of 655 
 
 Married women, property of 661 
 
 Marsh and dyked lands, commission- 
 ers of 308 
 
 Masters, apprentices and servants . . 693 
 
 Matters, public, inquiries concerning. 1234 
 
 Mechanics and others, liens in favor of 628 
 
 Medicine and surgery, practitioners of 197 
 
 Medicines and drugs, sale of 206 
 
 Meeting houses, assessments for re- 
 pairs of 195 
 
 Members of the House of Assembly, 
 
 election of 15 
 
 Merchandise, lumber, fuel, &c., regu- 
 lation and inspection of 523 
 
 Mills and millers 530 
 
 Mines and minerals /. 68 
 
 regulation of 112 
 
 Mortgage, sale of land under foreclos- 
 ure of 1247 
 
 Municipal aid in the construction of 
 
 railways 421 
 
 assessments 467 
 
 and town councillors, con- 
 troverted elections of, 
 
 and corrupt practices . . 454 
 
 Nuisances 213 
 
 Obstructions, removal of from rivers.. 518 
 Officers, certain public, their salaries 
 
 and duties 155 
 
 incorporated sureties for 609 
 
 judicial, judges and justices. . 1194 
 Order, preserving of, and special con- 
 stables 177 
 
 Orders and convictions, summary, by 
 
 justices of the peace , 742 
 
 Partition of lauds 1239 
 
 Partnerships and the registration of . . 611 
 
 Perjuries and frauds, prevention of . . 647 
 
 Personal and real estate, descent of . . 643 
 
 wills of.... 637 
 Persons, deaf or deaf mute, education 
 
 of 258 
 
 killed by accident, compensa- 
 tion to families of 1220 
 
 Petition of right 1194 
 
 Poor districts 271 
 
 settlement and support of 264 
 
1280 
 
 INDEX TO CHAPTERS. 
 
 PAGE. 
 
 Powerg, privileges and composition of 
 
 the Houses 7 
 
 Practices, corrupt, and controverted 
 
 elections 43 
 
 of municipal and town 
 
 councillors 454 
 
 Practitioners of medicine and surgery 1117 
 
 Preservation of roads 342 
 
 useful birds and ani- 
 mals 548 
 
 Preserving order and special con- 
 stables 177 
 
 Prevention of frauds and perjuries.. B47 
 on creditors by 
 secret bills of 
 
 sale 649 
 
 wrongs to ch'ldren 685 
 
 Privileges, powers and composition of 
 
 the Houses 7 
 
 and appointment of justices 
 
 of the peace 722 
 
 Probate court and procedure therein.. 697 
 
 Procedure, civil in magistrates' courts 728 
 
 in county courts 1 1 4n 
 
 probate court (397 
 
 supreme court 799 
 
 Promulgation and construction of 
 
 statutes 2 
 
 Property and civil rights of aliens . . 635 
 
 Crown, trespasses to 149 
 
 granted in trust for hospital 
 
 for insane 264 
 
 of married women 661 
 
 Protection of constables 179 
 
 woods against fires .... 507 
 
 Prothonotaries and clerksof theCrown 175 
 
 Province, great seal of 7 
 
 Provincial road and bridge grants, 
 
 expenditure of - . . . . 328 
 
 rrovisioiis, lumber, &c. , regulation 
 
 and inspection of . . . . 523 
 general, respecting cor- 
 porations 562 
 
 Public charities, of the commissioners 
 
 of 262 
 
 exhibitions .322 
 
 grounds, supervisors of 486 
 
 instruction 21 .^ 
 
 landings 3o'2 
 
 markets 492 
 
 matters, inquiries concerning. . 1234 
 officers, certain, their salaries 
 
 and duties 155 
 
 records ) .53 
 
 works, subscriptions to 490 
 
 Punishment and prevention of wrongs 
 
 to children fi.f 5 
 
 Rabid animals 217 
 
 llailway companies and their credi- 
 
 ti'ra, arrangements between 419 
 
 Railways 354 
 
 municipal aid in construc- 
 tion of 421 
 
 PAGE. 
 
 Real and personal estate, descent of, . 643 
 
 wills of . . . . 637 
 
 Records, public 153 
 
 Registration of partnerships 611 
 
 Registry of deeds and encumbrances 
 
 affecting lands 623 
 
 Regulation and inspection of pro- 
 visions, lumber, tuel, 
 
 and other merchandise 523 
 
 of mines 112 
 
 Relief of indigent debtors, confined in 
 
 jail 1224 
 
 Religious congregations and societies 189 
 
 Removal of obstructionsfrom rivers, &c 518 
 
 Rent, distress for, and tenancies 1255 
 
 Repairs of meeting houses, assessment 
 
 for 195 
 
 Revenue, casual and territorial 66 
 
 Right, petition of 1194 
 
 Rivers, conveying timber and lum- 
 beron, andremovalof obstructions 
 
 therefrom . .' 518 
 
 Road and bridge grants, provincial, 
 
 expenditure of 328 
 
 Roads, closing of 344 
 
 laying out and management of 
 
 certain great 321 
 
 other than great, laying out 
 
 of 325 
 
 over ice, and guide boards ... . 521 
 
 preservation of 342 
 
 Salaries and duties of certain public 
 
 officers 165 
 
 Sale of drugs and medicines 206 
 
 intoxicating liquors, licenses 
 
 for 531 
 
 lands under, execution 1249 
 
 foreclosure of 
 
 mortgage 1247 
 
 Sea manure 520 
 
 Seal, great, of the province 7 
 
 .Secret bills of sale, &c , 649 
 
 Securing liberty of subject 1221 
 
 Servants, apprentices and masters . . . 693 
 
 .Settlement and support of the poor. . 264 
 
 Sewers, commissioners of, &c 308 
 
 Shevitfs 166 
 
 Societies and congregations, religious 1S9 
 
 Solemnization of marriage 655 
 
 Special constables and preserving 
 
 order "177 
 
 Statuses, promulgation and construc- 
 tion of 2 
 
 Stray cattle, &c 511 
 
 Streets, commissioners of 345 
 
 Subject, liberty of 1221 
 
 Suliscriptions to public works 490 
 
 Suits against executors, administrators 
 
 and trustees 1205 
 
 Summary convictions and orders by 
 
 justices of the peace 742 
 
 Supervisors of public grounds 486 
 
 Support and settlement of the poor . 264 
 
INDEX TO CHAPTERS. 
 
 1281 
 
 PAGB. 
 
 Supreme Court, and procedure therein 799 
 and Exchequer Courts of 
 
 Canada 1195 
 
 Sureties, incorporated, for officers . . 609 
 
 Surgery and medicine, practitioners of 197 
 
 Tail, estates in ' 636 
 
 Tenancies and distress for rent 1255 
 
 Tenancy, joint and in common 636 
 
 Timber and lumber, conveying of on 
 
 rivers, &c 518 
 
 Territorial and casual revenue 66 
 
 Town and municipal councillors, con- 
 troverted elections of. 454 
 
 Townships, counties, &c., boundaries 
 
 of 165 
 
 Transfer of articles of indenture of 
 
 apprenticeship 695 
 
 Transportation and use of gunpowder 516 
 
 Trespasses to Crown property 149 
 
 PAGE. 
 
 Trustees, executors, &c., suits against 1205 
 
 Trusts and trustees 1207 
 
 University of Halifax 248 
 
 Use and transportation of gunpowder 516 
 Useful birds and animals, preserva- 
 tion of 548 
 
 Wards and guardians 687 
 
 Wills of real and personal estate 637 
 
 Winding up of incorporated com- 
 panies 588 
 
 Witnesses and evidence 1179 
 
 Women, married, property of 661 
 
 Woods, protection of against fires. . . . 507 
 
 Works, public, subscriptions to 490 
 
 Writ of dower 1236 
 
 Wrongs to children, prevention and 
 
 punishment of 685 
 
GENERAL INDEX. 
 
 1283 
 
 GENERAL INDEX, 
 
 A. 
 
 Abandoned. Mines. See Mines and Minerals. . . . . 
 
 Mines, Begulation of . . . .... 
 
 Abatement. See Siipreme Court and Procedure therein .... . . . . 
 
 Limitatimi of actions. ... .... . . 
 
 Plea of .... .... . . . . 
 
 Absconding Debtor. See Supreme Court ami Procedure therein .... 
 Absent Defendant. m h h n . . . , 
 
 Absent or Absconding Debtor, h m h . . . . 
 
 See Lands, Sale of under Foreclosicre 
 Absent Parties. See Lands, Partition of .... .... .... 
 
 Absent "Witness. Supreme. Court and Procedure therein . . . . 
 
 Absentees. See Highiioay Labor .... .... .... .... 
 
 Academies, County. See Public Instnbction . .... .... . . . . 
 
 P.AGE 
 
 ....98, 99 
 120 
 ....845-7 
 1197 
 .... 858 
 919-924 
 ....828-9 
 919-924 
 .... 1247 
 1240 
 889-892, 978 
 337 
 .... 235 
 
 ACCIDENT, COMPENSATION TO FAMILIES OF PERSONS KILLED BY 1220 
 Action when the death of a person caused by another, &c . . . .... .... 1220 
 
 measure of damages in .... .... . .... .... 1220 
 
 only one for same cause.,.. .... .... .... .... 1220 
 
 plaintiff to deliver certain particulars . . 1220 
 
 to be brought by whom ... .... .... .... 1220 
 
 within twelve months. .. . .... .... .... 1220 
 
 Death of injured party not to affect wrong doer's liability . . .... .... 1220 
 
 Definition of words " parent " and "child". . . 1220 
 
 Accidents, See Mines, Regulation of. .119,141 
 
 Account. Limitation of Actions. .. . .... .... .... .... 1196 
 
 Account, mattees of. See Arbitration .... .... .... .... .... 1215 
 
 Supreme Court and Procedure therein , . .... Index 
 
 Accounts. See Public Charitie-s, Commissioners of .... .... 26.3 
 
 Markets ^ 493 
 
 Officers, certain, their Salaries, Ac. . . .... .... 156, 163 
 
 Road and Bridge grants. Expenditure of . .329, 332 
 
 Streets, Commissioners of . .... .... .... 348 
 
 Acknowledgment. See Limitation of Actions .... 1196,1197,1200,1202 
 
 Married Women, Property of. . . . 667, 684 
 
 Action, cause or. See Magistrates' Courts, Civil Procedure in 728 
 
 Supreme Court and Procedure therein .... .... Index 
 
 Actions. See Accident, compensation, Ac .... .... .... 1220 
 
 Companies, Joint Stock. ... .... .... .... .... 582 
 
 Constables, Protection oj .... .... .... .... .... 179 
 
 Costs and Fees 1263 
 
 Crown Properly, Trespasses to. . .... .... .... .... 149 
 
 Coimty Courts, ^c. .... .... .... 1147 
 
 Executors, Administrators and Trustees .... .... .... 1205 
 
 Intoxicating Liquors, Licenses, etc .... 542 
 
 Justices, Appointment and. Privileges .... .... 725-6-7 
 
 Lands, Sale jf under Foreclosure .... .... .... 1247 
 
 Marriage, Solemnization of .... 661 
 
1284 
 
 GENERAL INDEX. 
 
 Advocate. 
 Affidavits. 
 
 Affirmations. 
 
 Actions. See Nuisances .... .... 
 
 Streets, Commissioners of . 
 
 Supreme Court and Procedure therein . . 
 variOLis other chapters. 
 
 Limitation of. See Limitation of Actions 
 
 Acts. See Corfioralions, General Provisions respecting . 
 
 Statutes, Promulc/ation and dmstruction of .... 
 of State, &o. See Witnesses and Evidence .... 
 
 Ad Colligendum Letters. See Prohate Court, <tc 
 
 Address. See Supreme Court and Procedure therein ... 
 
 Addresses to Jury. h m n 
 
 Administration. Bee Probate Court, i5:c 
 
 Administrators. r. m , ■ ■ • • 
 
 Public Works, Subscription's to . . 
 Supreme Court and Procedure therein 
 Witnesses and Evidence .... 
 
 &c., Suits against. &ee Executors, Administrators, ^^ 
 Adultery. See Married Women, Property of ... . 
 
 Witnesses and Evidence .... .... 
 
 Advancement. See Descent of Real and Personal Estate 
 Advertisement. Lands, Sale of under Execution 
 M ti Foreclosure. 
 
 Prohate Court, ibc. . . .... 
 
 Costs and Pees ... .... .... .... .... 
 
 County Couts and Procedure in. .. 1149, 1 
 
 Debtors Indigent, ;^c. .... 
 
 Drunkards' guardianship, ^c .... ■ . ■ - 
 
 Magistrates' Courts, Sec .... .... 729, 
 
 Probate Court, d-c .... • • • . 
 
 Supreme Court and Procedure therein . . .... 
 
 various other chapters. 
 
 ' ' Oath " includes .... . .... .... 
 
 Statutes, Promulgation, etc. ... .... .... 
 
 Witnesses and Evidence. . . .... .... .... 
 
 Agent. See Immigrants .... .... .... .... .... 
 
 Intoxicating Liquors, Jbc .... .... .... .... 
 
 Supreme Court and Procedure .... .... .... 
 
 Agreements. See Frauds and Perjuries .... .... .... .... 
 
 Roads, certain Great, dc .... .... 
 
 other than certain Great, cfcc. .... .... 
 
 WITH Clergymen. See Religion,^ Congregations, ibc . . • . 
 
 AGRICULTURAL AND LAND CORPORATIONS 
 
 Agricultural corporations ; duration and organization of .... 
 
 privileges of, how long to continue 
 
 Land corporations ; association how formed, &c . . : . 
 
 liabilities, privileges, restrictions, &c.. .... 
 
 patent to, how to be issued, &c. ... .... 
 
 power of over lands purchased .... .... 
 
 railways may be constructed through lands. 
 
 Agricultural Improvement. See Groum Lands .... .... 
 
 Societies. Agriculture, Encouragement of. . 
 Agriculture, Central Board of. See n n m 
 
 PAGE 
 
 .... 216 
 3.51 
 
 .... 820 
 
 1196 
 
 ....563-5 
 
 2, 3, 4 
 
 1179, 1181 
 
 . . . 712, 714 
 
 823, 830, 980 
 
 885 
 
 Index 
 
 Index 
 
 . 490 
 
 Index 
 
 . 1184 
 
 1205 
 
 683 
 
 , 1184 
 
 641-6 
 
 12.52 
 
 .... 1248 
 
 .701-2, 703-4 
 
 1268, 1271 
 
 150-1, 1162-3 
 
 1225 
 
 .... 692 
 
 731, 737, 7.39 
 
 .... 718 
 
 Index 
 
 .... 819 
 
 3 
 
 .... 1186 
 
 559 
 
 .... 542-3 
 
 . . . 919-924 
 
 ....647-8 
 
 322-3 
 
 .... 325 
 
 192 
 
 .... 304 
 
 304 
 .... 301 
 
 304 
 ....304^5 
 
 304 
 .... 305 
 
 305 
 
 .... 144 
 
 300-3 
 
 . . 298-300 
 
 AGRICULTURE, ENCOURAGEMENT OF 298 
 
 Agricultural Societies ; annual meetings of, when held. . 301 
 
 report of, when to be presented . 302 
 
 show, recommended to be held by .... .302 
 
 boundaries of, how defined in case of difficulty 301 
 
 by-laws may be made, altered, or repealed .... .302 
 chapter how to apply to present and future, &c.. 300. .301 
 
 declaration on formation of, where to be sent .... 300 
 
GENERAL INDEX. 
 
 1285 
 
 AGRICULTURE, ENCOURAGEMENT OF-Continned 
 
 Agricultceal Societies ; first officers of, to continue vmtil successors 
 
 appointed. .... .... .... 
 
 form of declaration .... .... .... 
 
 government allowance to, how apportioned . , 
 limitation of grant to any one society .... .... 
 
 members, attested list of to be forwarded to central 
 board .... .... .... .... 
 
 meetings, annual and special, when held 301 
 
 new societies to draw yearly allowance. . .... 
 
 objects of, defined and specified . .... 
 
 organization of, by declaration and subscription 
 
 organized after 1875 . . .... 
 
 before 1875 
 
 show, annual, other system may be substituted for 
 subscription, double amount may be drawn .... 
 limitation as to sum to one society 
 
 Cestral Board ; appointment and selection of . . ' .... .... 
 
 duties of, defined and specified .... 
 
 districts from which members to be selected .... 
 
 election of officers of, when to take place .... ... 
 
 exhibitions, grant for . . .... .... .... 
 
 how held .... .... .... ... 
 
 first meeting of, when and where to be held .... 
 
 general meeting annually in Halifax. .... ... 
 
 government grant, appropriated and drawn by . . . 
 (iovernor-in-Council to select members of . . . . ... 
 
 inspectors of societies to be appointed by .... 
 
 Journal of Agriculture published and distributed by . 
 members to receive actual travelling expenses, &c. 
 
 of, to retire annually, may be re-elected . . . 
 
 nominations for, how made, transmitted, &c 
 
 when neglected, Governor to appoint, 
 reports and accounts to be received and examined by 
 societies, county and district, to be formed by 
 special meeting may be called by the secretary . 
 stock, grain, &c. , to be imported for distribution 
 vacancies in board, how filled . . .... 
 
 See Wills of Real and Personal Estate 
 
 Alteration in Will. 
 
 Aid, municipal, in construction of Railways. See Railways, Sj-c . 
 
 ALIENS, PROPERTY AND CIVIL RIGHTS OF 
 
 Real estate, certain invalid titles to, not rendered valid by chapter. . 
 may be taken, held, conveyed and transmitted by aliens 
 
 titles to, not invalid through alienage. .... 
 
 Amendment. See Juries .... .... 
 
 Partition of Lands .... 
 
 Supreme Co^i/rt and Procedure therein. . . . 
 Ambnds> See Justices qf'the Peace, their appointment, &c. 
 
 AMBReEMENTs. See Assessments, Municipal .... 
 
 Animals and Birds, Preservation op. See Birds and Animals, 
 Animals, certain going at large. See Cattle, stray, tfcc. . 
 Animals, Rabid. See Rabid Animals .... .... 
 
 Annapolis River Bridge. See Streets, Commissioners of. . 
 
 Apparent Possession. See Bills of Sale, Secret, &c 
 
 Appeals. See Assessments, Municipal . . .... .... 
 
 Bastard Children, ic. .... .... 
 
 Birds and Animals, tfcc. . . .... .... 
 
 Costs and Fees .... .... 
 
 County Cowt-, &c 
 
 Crown Property, Trespasses to 
 
 Debtors Indigent, ^c .... .... 
 
 Fences, tt'c. .... .... .... 
 
 Fifi Mscapes, Boards of. . .. 
 
 PAGE 
 SOI 
 
 303 
 300 
 300 
 
 301 
 302 
 301 
 301 
 300 
 301 
 300 
 302 
 300 
 300 
 298 
 299 
 
 .... 304 
 299 
 
 ..302, 303 
 302, 303 
 
 .... 299 
 299 
 
 .... 300 
 298 
 
 .... 299 
 299 
 
 .... 299 
 298 
 
 .... 298 
 298 
 
 .... 299 
 299 
 
 .... 299 
 299 
 
 .... 299 
 
 .... 639 
 421 
 
 635 
 
 .... 635 
 
 635 
 
 .... 635 
 
 1176 
 
 .... 1239 
 
 867-869 
 
 .... 726 
 
 475 
 
 .... 548 
 
 511 
 
 .... 217 
 
 350 
 
 .... 652 
 
 476-7 
 
 .... 274 
 
 556 
 
 .... 1265 
 
 160-1, 1163-4 
 
 .... 151 
 
 . 1227, 1229 
 
 514-15 
 
 500 
 
1286 
 
 GENERAL INDEX. 
 
 Al'PEALS. See Intoxicativg Liqucrrs, d'C .... .... 
 
 Incorporated Companies, wiiiding upof.... 
 
 Magistrates' Courts, d-c. ... .... .... . . . . 
 
 Mines and Minerals . . .... .... .... 
 
 Poor, Settlement and Support of . . 
 
 Probate Go%irt, ckc. . . . 
 
 Public Records . . . .... . . - . — 
 
 Summary Convictions, Sj-c .... .... 
 
 Suprem,e Court and proa dure therein .... . . . 
 
 Api'EAkance. See Lands, Partition of ... . 
 
 Swpreme Court and procedure therein .... 
 Apples. See Inspection of Provisions, Lumber, dc. .... ... 
 
 Applications fok License, &c. See Mines and Minerals 
 
 Appointment. See Legislature .... .... 
 
 Sheriffs .... .... .... .... ... 
 
 University of Halifax .... .... .... 
 
 Wills of Real and Personal Estate 
 
 Appointment and Privileges of Justices of Peace. See Justices, 
 Appointments. See Statutes, Promulgation, d-c. . . .... . . . , 
 
 AppkaisemesIP. Fences, d:c .... .... 
 
 P> abate Court .... .... .... . . . . 
 
 Rent, Distress for 
 
 Appraisers. See Costs and Fees .... .... 
 
 Probate Court .... .... .... .... 
 
 Roads, Certain Great, d-c .... . . . , 
 
 Other than Certain Creat, d-c. .... 
 
 Apprehension of Lunatics. See Lunatics. Custody, d-c. . . 
 
 Apprentices. See Ice, Roads over ... 
 
 Masters, and Servants. See Masters, d;c. . 
 
 Apprenticeship. See (juardians and Wards . .... .... 
 
 Ire. 
 
 .... 538 
 
 603 
 
 ..7.33,734,741 
 
 85, 86, 88, 99 
 
 266-8 
 
 ....712-3 
 
 154 
 
 .... Index 
 
 .... Index 
 
 . . 1240, 1243-4 
 
 .... Index 
 
 529 
 
 ,'79i 81,89, 90 
 
 . . 7, 8, 9 
 
 166 
 
 249, 250 
 
 638 
 
 722 
 
 4 
 
 513 
 
 701 
 
 1255-6 
 
 , 1274 
 
 701 
 
 322 
 
 325-6 
 
 281 
 
 521 
 
 693 
 
 687 
 
 1267, 1271 
 
 APPRENTICESHIP, TBA5SFER OF ARTICLES INDEKTURE OF 695 
 
 Application of Chapter .... .... 696 
 
 Guardians ; managers of charitable institutions, when deemed .... .... 695 
 
 penalty for aiding child to leave . . .... .... .... 696 
 
 Guardianship, agreement of transfer of, effect of . . .... 695 
 
 proof of 695 
 
 reservation of rights in ... . .... 696 
 
 several children may be included in 
 
 one . . .... .... 695-6 
 
 evidence of .... .... .... .... .... .... 696 
 
 transfer of by agreement 695 
 
 Indentures made in United Kingdom valid in this Province .... .... 695 
 
 Penalty for aiding child to leave guardian .... .... 696 
 
 United Kingdom, articles of apprenticeship made in, valid in this Province. . 695 
 
 ARBITRATION 1214 
 
 Account; matters of referred to arbitration .... .... 1215 
 
 Action ; how stayed wlien parties have agreed to arbitrate . . :. .... 1217 
 
 Application for reference of matters of account .... .... 1216 
 
 to set aside award to be made wlien .... .... .... 1216 
 
 if not made or granted award final . . .... 1216 
 
 Arbitrators; appointed by court on default of parties. . .... . . ..1215, 1217 
 
 one party when to act alone .... .... .... 1218 
 
 award of, may be in form of special case. . .... .... 1215 
 
 certain, may swear witnesses. .... .... . .... 1215 
 
 fees to, allowed on taxation of costs .... .... .... 1219 
 
 may reconsider matters .... .... 1216 
 
 power of, wlien irrevocable .... .... .... .... 1214 
 
 proceedings before, on reference at trial .... .... 1216 
 
 production of documents before . . .... .... 1214 
 
 reference of cause to, by court on application . . .... .... 1215 
 
 matter of account by judge at trial. ... .... 1216 
 
GENERAL INDEX. 
 
 1287 
 
 ARBITRATION— Continued. page 
 
 Arbitrators ; single arbitrator, how appointed by court in certain eases . . . 1217-8 
 
 time for making award of, how extended . . 1218-1219 
 
 up award of.. .... ..;. 1218 
 
 to act upon decision of court or finding of jury 1215 
 
 umpire to act in default of .. .... 1218 
 
 when to appoint umpire . . .... 12] 8 
 
 witnesses before, when sworn by justices .... 1215 
 
 must attend as in Supreme Court 1214 
 
 need not attend over two days .... .... .... 1214 
 
 Attendance of witnesses, how enforced .... .... . .... 1214 
 
 Award ; application to set aside, how and when made .... .... .... 1216 
 
 arbitrators' fees on, how allowed .... .... .... .... 1219 
 
 I as to land, enforced how .... 1219 
 
 how enforceable in certain cases 1219 
 
 soon enforceable •. . .... .... 1216 
 
 may be remitted to arbitrators 1216 
 
 stated as special case 1215 
 
 obedience to, how enforced . . .... .... 1219 
 
 objections to, to be stated in notice of motion .... .... 1216 
 
 of arbitrator appointed by court .... 1217-8 
 
 ex pivrte . .... .... .... .... 1218 
 
 time for making, how extended . . .... .... 1218, 1219 
 
 when to be final .... 1216 
 
 within \yhat time to be made 1218 
 
 Costs ; arbitrators' fees allowed on taxation .... 1219 
 
 Court, arbitrator may state award for opinion of . .... 121.5 
 
 decision of in case stated, final .... .... .... .... .... 1215 
 
 may enforce award . . .... .... .... .... 1219 
 
 or judge — application to, to set aside award .... .... 1216 
 
 when to be made . .... .... 1216 
 
 may appoint arbitrator, when. ... .... . . . ." 1215, 1216 
 
 single arbitrator, when . . 1217, 1218 
 
 direct case to be stated or issue tried. .... .... 1215 
 
 enlarge time for making award . . 1218-19 
 
 order delivery of land .... .... .... .... 1219 
 
 remit matters to arbitrators .... 1216 
 
 revoke ex parte appointments .... 1218 
 
 stay proceedings, when . .... .... .... 1217 
 
 order of as to land .... 1219 
 
 power of in application before trial .... 1215 
 
 written submission made rule of . . .... .... .... 1219 
 
 ■Default ; to appoint arbitrators provided f or . . .... 1217, 1218 
 
 Documents ; production of, regulated .... .... .... 1214 
 
 Enforcing of award . .... .... .... .... 1216 
 
 Execution issued to deliver land, by whom .... .... .... 1219 
 
 Fees allowed to arbitrators in taxation .... .... .... .... 1219 
 
 Judge may make reference at trial .... .... .' . . . .... ] 216 
 
 to allow arbitrators' fees .... 1219 
 
 Lands ; award as to, how enforced .... 1219 
 
 Notice of motion, to state objections to award .... 1216 
 
 Power of arbitrators ; when irrevocable ; exception 1214 
 
 Questions of law or fact left to court, &c .... .... .... 1215 
 
 Special case stated by arbitrator, for what .... .... 1215 
 
 decision in, how made .... .... .... 1215 
 
 Stay of proceedings granted in certain actions .... .... .... 1217 
 
 Submission in writing, how made rule of court 1219 
 
 where made rule, enforced . . .... .... 1219 
 
 Time for making award fixed .... .... .... .... 1218 
 
 how extended, &c. 1218, 1219 
 
 Umpire ; appointed by arbitrators, how and when 1218 
 
 Witnesses ; attendance of, how enforced.. . .... .... .... .... 1214 
 
 how long to attend . . . .' .... .... .,.- 1214 
 
 when sworn by arbitra,tors 1215 
 
 justices . . .... .... .... 1215 
 
1288 
 
 GENERAL INDEX. 
 
 PAGE 
 
 Abbitratios. See Corporations, General Provisions, d:c .... ... .565-6 
 
 Incorporated Companies, Winding up of .... .... 594 
 
 Mines and Minerals . . .... .... .... 73-75, 90 
 
 CoMPVLSORY. See Partnerships, ^c .... .... ... .615-6 
 
 Arbitrators. See Arbitration. . .... .... 1214 
 
 Costs and Fees 1268 
 
 Mines and Minerals . . .... .... 73-5 
 
 Partnerships, ^c. ... 615-6 
 
 Raihvays 410,412 
 
 Areas. See Mines and Minerals .... Index 
 
 Submarine. See Mines, Regulation of .... 1.39 
 
 Argument. See Supreme Court, and Procedure therein .... 955-7, 880 
 
 Arrangements between Railway Companies and their Creditors. See Rail- 
 way Companies, jj-c. ... .... .... .... .... .... .... 419 
 
 Arrest. See County Courts, and Procedure therein .... .... .... 1162-3 
 
 Magistrates' Courts, and Procedure therein .729, 736, 737, 740 
 
 Supreme Court, &c. .... .... .... 914, 916 
 
 Articles or Indenture of Apprenticeship, Transfer of. See Apprenticeship, ^c. 695 
 
 Assault AH D Battery. See Limitation of Actions .... 1197 
 
 Assembly, Duration of. See Legislature .... .... 
 
 Election of Members OF. See Election of Members, 4ro. . 15 
 
 Assessment op Damages. See Sum-erne Court, &c ....Index 
 
 Rolls. See Assessments, Municipal. . . 469, 470, 480-4 
 
 Assessments. See Common, Fields . . . .| . . .... .... 320 
 
 County Incorporations . .... .... .... .... Index 
 
 Education of Blind .... .... .... .... .... 261 
 
 Education of Deaf, ^c. .... .... .... .... 259 
 
 Fires and Firewards .... .... .... .... .... 495 
 
 Eighway Labor .... .... 335-6 
 
 Meeting Houses, <£-c .... .... .... 195 
 
 Public Instruction .... .... .... .... .... 231-5 
 
 Sewers, Dyke, and Marsh Lands ... .... . . 309, 310 
 
 ASSESSMENTS, MUNICIPAL 
 
 Amercements ; by Supreme Court .... .... .... .... 
 
 order of Court and proceedings thereunder. . . 
 
 penalty on officer for neglect of duty in respect of 
 
 power of Court to name officer on refusal ... 
 
 how to be made and mode of prosecuting .... .... 
 
 not to delay collection of assessment on appellant. 
 
 treasurer to repay money ordered to be returned .... 
 
 Assessment Roll ; assessors to sign and certify ; form of certificate . . 
 completion of, time limited for .... .... 
 
 county and poor rates to be made from, and how . 
 error in name on, how corrected .... .... 
 
 forwarded to clerk and posted . 
 
 furnished to clerks of poor districts . . .... 
 
 lands of non-residents, how designated ... .... 
 
 Assessors ; duties of, as respects incorporated companies, c&c . . . . 
 
 mining and joint stock companies . . 
 
 how to be sworn . .... .... 
 
 how to value property liable to taxation .... 
 
 justice refusing to swear into office, penalty on .... 
 
 local and general assessors .... .... .... .... 
 
 meeting in polling district, notice how given .... 
 
 neglecting to carry out certain provisions, roll to be referred 
 rules for guidance in making up roll .... .... 
 
 time for making, completing, certifying roll, &e. .... 
 
 to forward roll to clerk of municipality .... 
 
 poor district 
 
 post certified copies of roll .... 
 
 valuation of resident agent, to be adopted by . . . .... 
 
 time for delivery of 
 
 476, 
 
 back 
 
 467 
 
 475 
 
 475 
 
 475 
 
 476 
 
 ,477 
 
 477 
 
 477 
 
 470 
 
 470 
 
 . 470 
 
 480 
 
 . 470 
 
 470 
 
 . 469 
 
 479-80 
 
 . 481 
 
 480 
 
 . 470 
 
 480 
 
 478 
 
 479 
 
 480 
 
 469 
 
 469 
 
 470 
 
 470 
 
 470 
 
 481 
 
 4S1 
 
GENERAL INDEX. 
 
 1289 
 
 ASSESSMENTS, MUNICIPAL— Continued. i-age 
 
 Certiorari ; how obtained and when allowed 478 
 
 Clerk of Municipality ; assesors' roll to be forwarded to .... 470 
 
 delivered to collectors .... 471 
 
 county rate to be made out by . .... 470 
 
 duty of, on amercement by Supreme Court ... 475 
 
 meeting, &c., of local asseseors, notice to be given by 479 
 
 penalty for neglect of duty .... .... 475 
 
 returns of taxable property to be made by . . . .... 479 
 
 to enforce penalties, fine for neglect, &c. .... 478 
 
 valuation of resident agent, subject to appeal by .... 482 
 
 Coal Mining Companies ; assessment of, how to be made, &c .... 481 
 
 sworn statement of value to be made 481 
 
 term " resident agent " defined 481 
 
 valuation to be adopted by assessors, 481-2 
 
 Collectors ; clerk of municipality to deliver roll of county rates. 471 
 
 poor district to deliver roll of poor rates 471 
 
 duties of, defined 
 
 when non-resident owner known 
 owner unknown .... .... 
 
 taxes unpaid . . 
 
 warrants issued, &c. 
 
 levy of warrants by, &o 
 
 public notice of sale, &c. , to be given by . . . 
 purchasers light of entry upon lands. . 
 return of names of defaulters, to be made by 
 non-resident defaulters . 
 treasurer to receive money from .... 
 
 warrant, when to be issued .... .... 
 
 special, how to be obtained . . 
 to be returned when unable to collect 
 Constables ; duties of on issue of warrant . .... 
 
 fees on execution of warrant .... .... 
 
 general or special warrant endorsed to 
 Council of municipality to make provision for : — 
 
 bolts, bars and shackles ... 
 
 bridges, repairing of, &c 
 
 conveying persons accused of crime to jail. .. 
 
 criminals to places of confinement . . 
 court house or sessions house, &c . . . .... 
 
 criers of the courts, payment of 
 
 criminals, expenses of certain .... .... 
 
 extraordinary expenses in case of riot or felony . 
 hay scales, weights, scales and measures .... 
 
 jail, building or repairing of . . . .... 
 
 legal expenses, certain .... .... .... 
 
 lock-up houses, erection or repairs of . . . 
 
 keepers of, payment of .... 
 
 market or town houses, purchase, erection, &c 
 militia, payment of in certain cases . .... 
 
 poor criminals or debtors in jail .... 
 
 pounds, erecting and repairing of, &e 
 
 public executions .... .... .... 
 
 roads, laying out, kc 
 
 salary of clerk, treasurer, &c. . . 
 
 special constables, allowance to in certain cases 
 witnesses, expenses of certain . . .... 
 
 Deceased persons, estates of liable for rates, &c. 
 Exemptions ; City of Halifax, to what extent exempt 
 incorporated towns, n n 
 
 ships, &c., in course of construction., 
 what other property .... .... .... .... . . . . 
 
 Forfeitures and penalties ; municipal officer neglecting or refusing to act 
 proceedings for collection of . .... . . . . 
 
 471 
 . . . . 471 
 
 471 
 . . . . 471 
 
 474, 475 
 . . . . 472 
 
 472 
 . . . . 472 
 
 474 
 ...472-3 
 ,.472, 474 
 
 474 
 . . . . 476 
 
 472 
 . . . . 475 
 
 474 
 . . . . 474 
 
 467 
 .... 467 
 
 467 
 . 467 
 
 467 
 . 467 
 
 467 
 . 467 
 
 467 
 . 467 
 
 467 
 . 467 
 
 467 
 . 467 
 
 467 
 . 467 
 
 467 
 . 467 
 
 467 
 . 467 
 
 467 
 . 467 
 
 479 
 . 478 
 
 478 
 . 480 
 
 468 
 . 475 
 
 477 
 
1290 GENERAL INDEX. 
 
 ASSESSMENTS, MUNICIPAL— Continned. page 
 
 Forfeitures and penalties ; to be enforced by clerk of municipality. . .... 478 
 
 Forms of assessment roll .... .... .... .... .... .... 482, 483 
 
 collector's roll 483,484 
 
 sherifl's deed .... .... .... .... 484 
 
 warrant of distress, general .... .... 484 
 
 special . . .... .... .... .... 485 
 
 Halifax, City of, exempt from chapter in certain cases .... 478 
 
 Joint stock companies, regulations concerning . .... .... 479-80-81 
 
 Justices ; certificate of, where no property, &c .... 472 
 
 in case of non-residents, to issue warrants, &c .... 471 
 
 what cases to issue warrants, &c .... .... . . 474^476 
 
 Limitation of actions : must be brought within six months .... .... 477 
 
 not to be brought when rate quashed .... . 478 
 
 Non-residents ; assessment on lands of, how made, &c. . .... .... 469, 470 
 
 collector to transmi*' statement, &c. .... .... 471 
 
 county treasurer to pay over poor rates, &c .... 474 
 
 record lands, taxes, &c. .... .... 473 
 
 form of assessment roll for lands of ... . .... .... 483 
 
 justices to certify, where no property, &c. . . .... 472 
 
 levy of warrants, how to be made, &c. . .... .... 472 
 
 purchaser's right to enter and remove .... .... .... 472 
 
 sale under warrant, notice to be given of .... .... 472 
 
 surplus moneys to be paid to treasurer, &c. . .... .... 472 
 
 warrants against lands of, when to issue, &c. ... .... 473 
 
 Overseer of works, &c. ; account to be rendered by, to council, and when .... 477 
 
 compensation to be ordered to . .... .... 477 
 
 penalty for neglect of duty .... .... .... 477 
 
 Poll tax ; how levied and in what proportion . . .... .... .... 468 
 
 Poor rates ; assessors to furnish poor clerks with copy of roll .... 470 
 
 how made up from assessors' roll.. .... .... .... 470 
 
 roll of, to be delivered to the collectors .... .... .... 471 
 
 Property ; definition of terms .... .... .... .... .... 468 
 
 what liable to taxation .... .... 468 
 
 where to be assessed .... .... .... .... .... 480 
 
 Resident agent ; definition of term, duty of, &c .... .... 481 
 
 Sheriff ; duty of when sale ordered under warrant . ..... .... .... 47.3-5 
 
 to pay rates on property sold under execution or foreclosure .... 481 
 
 Ships, &c. , in course of construction, how far exempt. .. .... .... 480 
 
 Taxes, balance remaining unpaid, to-be added to next assessment .. .... 478 
 
 Treasurer ; accounts of to be prepared annually and audited .... .... 476 
 
 moneys to be received and paid out by ... . .... .... 476 
 
 repaid by, when ordered on appeal .... 477 
 
 record of unpaid taxes of non-residents, to be kept by .... 473 
 
 surplus moneys, how disposed of, and paid, &c . ..... . . 472, 473 
 
 to pay taxes on lands of non-residents to overseers of poor . . . 474 
 
 Warrants ; collector's or constable's duty, on issue of .... .... .... 475 
 
 form of general warrant of distress .... .... .... 475, 484 
 
 general or special, how issued and obtained .... .... . .474, 476 
 
 lands of non-residents, when to issue against, &e. .. . .... 473 
 
 levy under, when and how made .... .... .^ . . .... 472 
 
 of distress, on what property to be levied, &c. .... .... 481 
 
 separate, to take body, how issued .... 475 
 
 sheriff, when to execute, and fees thereunder .... 475 
 
 Assessors. See Assessments, Municipal .... .... .... . 469, 470, 478-481 
 
 County Incorporations .... .... .... .... .... 436 
 
 Poor, Settlement and Support of .... .... .... 268-9 
 
 Sewers, Dyke and Marsh Lands ... .... .... .... 308 
 
 Assets. See Trusts and Trustees .... .... 121 1 
 
 SuKPLtrs. See Probate Court, <fcc . .... .... .... 711 
 
 Assignment for General Benefit of Creditors. See Bills of Sale, <kc 652 
 
 OF Choses in Action. See Supreme Court, <fcc 965 
 
 Dower. See Doiver, Writ of 1236 
 
 Interest in Land, &c. See Frauds and Perjuries 647 
 
GENERAL INDEX. 
 
 1291 
 
 PAGE 
 
 Assignment OF Personal Property. See Trmtn and Trustees .... ,1210-11 
 
 Ships or Vessels. See Bills of Sale 652 
 
 Trusts. See Pi-auds and Perjuries .... .... 647 
 
 Associations and Institutes, Library. See Library Associatinns, &e 606 
 
 Assumpsit. See Limitation of Actions 1196 
 
 Asylum. See Lunatics, Cv,stody, Ac, of 281, sqq 
 
 Attac6ment. See Supreme Court, .Sec 919 
 
 FOB Contempt. See County Courts .... 1157 
 
 Probate Court 719 
 
 Supreme Court, &c .... .... Index 
 
 Attachments. See Deeds, Jkc, Registry of .624-5-6 
 
 Attestation. Witnesses and Evidence 1183 
 
 OP Accounts. See Probate Court 701,718 
 
 Attorney General. See Crown Lands .... 142 
 
 Escheating Lands, &c. . . .... 1261 
 
 Public Officers, dtc 165 
 
 Power op. Trusts and Trustees .... 121 1 
 
 Attorneys. Ses Barristers and Attorneys .... .... , ... 1188 
 
 Costs 1134 
 
 County Courts, ^c . . .... .... .... .... .... Index 
 
 Supreme Court, ^c .... .... Index 
 
 Auditors. County Incorporations .... .... 433 
 
 Awards. See Arbitration .... .... .... 1214, sqq 
 
 Railways 368-9 
 
 B. 
 
 Bail. See Magistrates' Courts and procedure therein . . .... , . , . , . . . 729 
 
 Supreme Court and procedure therein .. . .... .... .... 915-916 
 
 Bond. See Magisiraten' Courts, ^c. . . . .... .... . .740, 741 
 
 Special. Supreme Court and procedure, ,. .... 922 
 
 Ballot. See County Incorporations . . .... .... .... , . , . .... 427 
 
 Election of Members of the House of Assembly .... .... Index 
 
 Banking. Corporations, (ietxral Provisions, d-c .... .... 565 
 
 Banns. Marriage, Solemnization of. .... .... .... .... 6.56 
 
 BARRISTERS AND ATTORINEYS 1188 
 
 Acknowledgments of married women, &c., may be taken by barrister. . , . 1193 
 
 no fee to be charged for taking. . . . 1193 
 
 Attorney ; admission of, certificate, of by whom given. . .... .... 11.92 
 
 of other courts , . .... .... .... . . 1192-3 
 
 qualifications for .... .... .... 1191 
 
 when to be moved for .... .... .... .... 1 1 92 
 
 entitled to be a barrister . . .... .... .... .... 1 193 
 
 restrictions on, as to suing out process , . .... . . , , .... 1 J 93 
 
 Bar-Society ; council of, to fix time of examinations ... .... .... 1 ] 90 
 
 make rules for examinations, &c. . . , 1189 
 
 president to move for admission of students .... 1 1 92 • 
 
 secretary of, to give certificates of admission. . .... .... 1192 
 
 treasurer to return portion of examination fee, when .... 1191 
 
 Barrister ; acknowledgments, may be taken by but no fee for .... .... 1193 
 
 admission of, certificate by whom given. ... .... .... 1192 
 
 of other courts . . .... .... .... . . 1192-3 
 
 qualifications for. .... .... .... .... 1191 
 
 when to be moved for. ,. . .... .... .... 1192 
 
 articled clerk, not to have, if not practising .... .... 1193 
 
 more than three , , , , .... 1 193 
 
 attorney, entitled to be .. . .... .... .... .... 1193 
 
 oath, to betaken by. . .... .... .... 1191 
 
 privileges of 1 193 
 
 Clerks J articled, must pass examination before becoming. . . .... ,.,. ngg 
 
1292 
 
 GENERAL INDEX. 
 
 BARRISTERS AND ATTORNEYS-Continned. 
 
 Clerks ; articled, what barrister may have and how niany . 
 council of bar-society to make rules as to . .... 
 
 death of barrister articled to, how to effect ... 
 examinations, may apply for when .... .... 
 
 of other provinces in Dominion, oath, &c., of . . 
 
 term of service how computed ... .... 
 
 Colonial barrister or attorney when entitled to be admitted. . 
 Council of bar-society, to make rules for examinations .... 
 
 to fix time of examinations 
 
 Deeds ; barrister may take oath of witness subscribing to . . 
 Examinations ; council of bar-society, may make rules as to . 
 
 to fix time of holding 
 country students, provision for passing 
 fee, when portion of to be returned .... 
 
 final, fee for and notice .... 
 
 who may apply for . . .... 
 
 intermediate, fee for and notice 
 
 to take place every year 
 when not obligatory 
 preliminary, fee for and notice .... 
 
 Examiner ; oath to be taken by .... .... 
 
 Fees ; barrister not to take for acknowledgments, &c. 
 on examinations .... .... .... 
 
 portion of when returned . . .... .... .... 
 
 Imperial attorney or barrister when entitled to be admitted , 
 Oath ; to be taken by examiner . . .... .... .... 
 
 barrister .... .... .... 
 
 Practise ; who may, as attorney or barrister .... .... 
 
 Precedence of members of the bar. , . ... .... 
 
 of any member of bar acting for Her Majesty. 
 Prothonotary ; at Halifax may have clerks .... .... 
 
 fee for signing rule of admission .... .... 
 
 Term of Service ; how computed .... .... 
 
 Bakkistebs' Society. See Ban-inters and Attorneys. . . .... 
 
 BASTARD CHIIDREN, MAISTENANCE OF 
 
 Appeal, from order of filiation ; proceedings on . . . .... 
 
 Birth ; examination of mother, pre\'iously to . . .... 
 
 subsequently to ... . .... 
 
 forme of examinations before and after .... 
 
 hearing after, proceedings at .... .... . , . . 
 
 reputed father to give bond, until after .... 
 
 Bond, by reputed father, before birth of child .... .... 
 
 on appeal from order .... 
 
 to fulfil order . . .... .... 
 
 forms of, to be given by reputed father.. .... 
 
 may be sued by overseers of poor . . .... .... 
 
 penalty for refusing to give, &c. .... .... 
 
 Father, reputed ; arrest of under warrant .... .... 
 
 bonds to be given by, &c. ... .... 
 
 concealing himself, order made in his absence 
 when not found, warrant may be endorsed. . 
 may give evidence before justices .... 
 
 Filiation, order of ; bond to fulfil, how given, &c 
 
 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, &c. .... 
 
 Forms, used to carry out provisions of chapter .... 
 
 Mother ; information of previously to birth of child .... 
 
 subsequently to birth of child . ... 
 
 PAGE 
 
 
 
 1193 
 
 
 ."".... 1189 
 
 
 
 1192 
 
 
 
 1190-1 
 
 
 
 1192 
 
 
 
 .. 1189 
 
 
 
 1192-3 
 
 
 
 .. 1189 
 
 
 
 1190 
 
 
 
 .. 1193 
 
 
 . • • > 
 
 1189 
 
 
 
 .. 1190 
 
 
 
 1190 
 
 
 
 .. 1191 
 
 
 
 1190-1 
 
 
 
 1190-1 
 
 
 
 1190 
 
 
 
 .. 1190 
 
 
 
 1194 
 
 
 
 .. 1189 
 
 
 
 1190 
 
 
 
 .. 1193 
 
 e. . 
 
 "..118J 
 
 )-1190-l 
 .. 1191 
 1192-3 
 .. 1190 
 
 1191 
 .. 1189 
 
 1188 
 .. 1189 
 
 1193 
 .. 1192 
 
 1189 
 .. 1188 
 
 272 
 .. 274 
 
 272 
 .. 273 
 274, 276 
 .. 272 
 
 272 
 .. 272 
 
 274 
 .. 273 
 276,279 
 .. 274 
 
 273 
 . . 272 
 272, 273 
 . , 273 
 
 272 
 .. 272 
 
 273 
 .. 272 
 
 273 
 .. 273 
 
 274 
 .. 274 
 274-280 
 , . 272 
 
 273 
 
GENERAL INDEX. 
 
 1293 
 
 BASTARD CHILDKEN, MAINTENANCE OF— Continued. page 
 
 Mother may be apprehended after birth of child 273 
 
 required to bear expense of maintenance 274 
 
 Warrant ; wjien issued prior to birth 272 
 
 subsequent to birth 272 
 
 within three months after birth 273 
 
 Bastardy Cases. See Costs and Fees 1273 
 
 Bench OF Supreme Court. See Sttpreme Court and procedure therein .. 956 
 
 Bills oy Exchange. See Limitation of Actions 1197 
 
 Supreme Court and procedure therein, 822, 836, 853, 855 
 
 BILLS OF SALE, SECRET; PREVENTION OF FRAUDS B¥ 
 
 Affidavits ; before whom sworn .... .... 
 
 contents of . . .... .... 
 
 forms of .... .... .... .... .... 
 
 Agreement for sale of goods, &c., provisions requiring written instru- 
 ments, &c. ... .... .... .... .... 
 
 Apparent possession, defined .... 
 
 Bills of Sale ; affidavit to accompany .... .... .... 
 
 . defeasance of, to be filed with .... .... 
 
 definition of term .... .... 
 
 discharge of, how entered . .... 
 
 fee for filing, &c .... 
 
 inspection of .... .... 
 
 sworn copy or original to be filed .... .... 
 
 to be filed with registrar where maker resides 
 numbered and indexed when filed .... 
 
 take effect only from date of filing . . .... 
 
 Certificate of discharge to be proved, and entered by registrar . . 
 
 Defeasance, to be filed with bill of sale or copy .... 
 
 Pees, for inspection of bills of sale . . .... .... .... 
 
 of registrar for filing, indexing, &c 
 
 Future advances, piovisions as to securing. ... .... .... 
 
 Hiring goods, &c. , provisions requiring written instruments, &c. 
 Leasing goods, &c. , provisions requiring written instruments, &c 
 
 Meaning of terms in chapter .... .... 
 
 Personal chattels, definition of term in chapter 
 
 Provisions as to hiring, leases, agreements for sale, &e 
 
 securing future advances .... 
 
 Registrar, duties of, in filing, &c. , of bills of sale . . 
 
 fees of . . .... .... .... 
 
 Schedule of forms .... .... .... 
 
 BIRDS AND AMMALS, PRESERTATION OF 
 
 Appeal to County Court ; when, and how decided .... .... 
 
 Beavers, between what periods may be killed, &c . . .... 
 
 Birds of song ; penalty for killing 
 
 Bond to be given by appellant . . .... 
 
 Caribou ; between what periods may be killed 
 
 export of hides of, prohibited . . .... 
 
 flesh to be carried out of woods, when 
 
 hides about to be exported may be seized 
 
 if not claimed may be sold .... .... 
 
 proceeds of sale of, how appropriated 
 
 how many may be killed in one season, by one person. 
 
 penalty for violating provisions of law . . 
 
 traps or snares not to be set for .... 
 
 Dogs ; penalty for hunting moose or caribou with . . 
 
 Forfeited meat, skin, &c., disposal of .... .... 
 
 Fur, animals only valuable for, when may be killed .... 
 
 Came Commissioner, chief, appointment and duties of.. 
 
 deputy, appointment and duties of . . . 
 Grouse ; between what periods may be killed, &c 
 
 ... 649 
 
 651 
 
 , . . . 651 
 
 653, 654 
 
 649, 650 
 ... 652 
 
 650 
 ... 649 
 
 652 
 ... 651 
 
 652 
 ... 651 
 
 649 
 ... 649 
 
 651 
 
 ... 649 
 
 651-2 
 
 ... 649 
 
 651 
 ... 652 
 650-1 
 649, 650 
 649, 650 
 ... 652 
 
 652 
 649, 650 
 
 650 
 
 ... 649 
 
 651-2 
 
 ...653-4 
 
 ... 548 
 
 556 
 .'. . 550 
 
 552 
 ... 556 
 
 548 
 ... 556 
 
 548 
 ... 556 
 
 556 
 ... 556 
 
 548 
 ... 548 
 
 560 
 
 . . . 550 
 
 548-9 
 
 . . . 551 
 
 553 
 . . . 553 
 
 551 
 
1294 
 
 GENERAL INDEX. 
 
 BIRDS AND ANIMALS, PRESERVATION OF— Continued, 
 
 Hares ; between what periods may be killed, &c 
 
 Information ; form of .... 
 
 Informer ; one half of fine to be paid to . . 
 
 Justices, &c. , duties of, to enforce chapter .... 
 License, for non-domiciled persons to kill game, kc, 
 
 fees for, to whom payable .... 
 
 to kill game for scientific purposes ... 
 
 when to be produced ... .... 
 
 Meat ; forfeited to be for use of poor .... 
 Minks ; between what periods may be killed, &c. . . 
 
 may be caught for breeding purposes, when. 
 Moneys from sale of licenses, &c. , how applied .... 
 Moose ; "between what periods may be killed . . 
 
 export of hides of, how prohibited .... 
 iiesb of, when to be carried out of woods 
 hides about to be exported may be seized . . 
 
 if not claimed may be sold 
 
 proceeds of sale, how appropriated . . .... 
 
 how many may be killed in one season, by one person 
 
 penalties for violating provisions of law ... 
 
 traps' and snares for, may be destroyed 
 
 not to be set .... 
 
 Officers in Her Majesty's service to pay license fee 
 Otter ; between what periods may be killed .... 
 
 Partridge ; between What periods may be killed, &c 
 Penalties imposed ; recovery of . . .... .... 
 
 none special, provisions in case of . . . 
 
 Pheasants ; destruction of prohibited, &o 
 
 Proceedings to discover and forfeit game, &c 
 
 Prosecutions must be begun within a year .... 
 
 Rabbits ; between what periods may be killed, &c. 
 Robbins, swallows, &c. , killing unlawful .... 
 
 Scientific purposes ; license to kill game for, &c. 
 Search warrant ; form of .... .... 
 
 Snipe ; between what periods may 'be killed, ^c. 
 Terms ; definition of ... . .... .... 
 
 Woodcock ; between what periods may be killed 
 Birds of song. See Binh and Animals, Sfc. . . 
 Births. Bastard Children, ^c. .... 
 
 Blasting Rocks. Gunpowder, Sfc 
 
 Blind, the Education of. See Education of Blind 
 
 Boakd OF Poor. See Poor, Settlement, S^c 
 
 Health. See County Incorporations . . . . 
 Boards of Fire-escapes. See Fire Escapes, Boards of 
 
 BOARDS OF HEALTH, AND INFECTIOUS DISEASES 
 
 Appointment, duties, and powers of board, &c. . . . .... 
 
 Cases of plague, &c. , or imminent danger of, how provided for 
 Expenses of, to form a municipal charge . . .... .... 
 
 Flag to be displayed on house, in what cases . 
 General vaccination, how ordered and provided for 
 Health wardens ; appointment and duties of , . . 
 
 fine on for refusal to act, ifec 
 
 Penalty for bringing infected persons into province . 
 non-attendance . . , , .... .... 
 
 violating provisions of chapter .... 
 
 Powers of ; as regards purification of dwellings, &c. , 
 removal of infected persons . 
 sanitary orders and their enforcement 
 Sanitary orders ; Govemor-in-Council and Board of Health may 
 
 published in Royal Gazette 
 
 Vaccination, general, how ordered and provided for. ... 
 
 return of poor persons, how to be made, &c. . . 
 
 make . 
 
 PAGE 
 
 ...550-1 
 
 557 
 
 . . 554 
 
 553 
 
 553^ 
 
 ..554-5 
 
 552 
 
 .. 5.55 
 
 548-9 
 
 .. 551 
 
 551 
 
 .556-7 
 
 548 
 
 .. 556 
 
 548 
 
 ,. 556 
 
 556 
 
 . 556 
 
 548 
 
 .^48-550 
 
 550 
 
 . 550 
 
 555 
 
 . 551 
 
 551 
 
 552 
 
 553 
 
 552 
 
 . 549 
 
 556 
 
 .550-1 
 
 532 
 
 552 
 
 . 557 
 
 551 
 
 .555-6 
 
 551 
 
 . 552 
 
 272, sqq 
 
 517 
 
 260 
 
 270 
 
 439-440 
 
 500 
 
 211 
 211 
 212 
 213 
 213 
 212 
 211 
 212 
 212 
 211 
 213 
 211 
 212 
 212 
 211, 212 
 211 
 212 
 212 
 
GENERAL INDEX. 1295 
 
 Bonds. See Bastard Children, Maintenance of 272, sq() 
 
 Dei'(h, ^c. , Reijistry of . . .... .... .... 623 
 
 Guardians and H ardg . .... .... .... .... 688 
 
 Immigrants.... .... . .... .... .... .... 560 
 
 Intoxicating Liquors, §•£ . .... .... . . 535, 538, 545 
 
 Limitation of Actions .. .... .... . .... .... 1201 
 
 Lunatics, Custody, Sj-c, of . . . . .... .... 28.S 
 
 Mariiage, Solemnization of .... .... .... . .... 656 
 
 Mines and Minerals 70, 79, 89 
 
 Officers, Incorporated Swetiesfor. .... .... •. . . . .... 609 
 
 Probate Court 700, 712-714, 721 
 
 Prothonotary . . .... .... . .... .... 175 
 
 Public Oficers, Certain, Sj-c. . . .... 155 
 
 Road and Bridge Grants, Expenditure of. . .... 331 
 
 Sheriffs 166-170, 173 
 
 Bail. See County Courts, and Procedure therein .... . . .1162-3 
 
 Magistrates' Courts .... .... .... .... .... 729 
 
 Supreme Court, and Procedure therein .... . ... .915-6 
 
 Books. See Deeds, Sj-c. , Registry of 624, 627 
 
 Public Instruction 218, 230 
 
 BOKDEK Sections. See Public Instruction .... 225, 228, 244 
 
 Boundakies. ^ee Common Fields .... 318 
 
 CoNFiKMED. See Boundaries of Counties, S^c. .... 165 
 
 BOUNDABIES OP COUNTIES DISTRICTS, AND TOWNSHIPS .... I65 
 
 Boundaries confirmed, as at present established 16 5 
 
 Go vernor-in -Council to order survey when lines, &c., uncertain .... .... 165 
 
 Line decided by Attorney-General if surveyor does not concur with majority 
 
 of nominees . .... .... .... .... 165 
 
 report of majority of nominees with the concurrence of the 
 
 surveyor .... .... .... .... 165 
 
 Nominees, appointed by municipal council . . .... .... 165 
 
 expense of, to be a municipal charge. ... 165 
 
 Notice of survey to be given to warden 165 
 
 Survey, cost of, paid out of provincial treasury 165 
 
 Boys. Siea Mines, Regulation of .. .... 113,114 
 
 Brands OF Animals, ^ee Common Fields 319 
 
 Bkead. See Inspection of Provisions, Sj-c. . .... 523 
 
 Breaking Roads IN Wintee. See Highway Labor 338-9 
 
 Bribery. See Elections, Controverted, of Members of House, SfC 55-7 
 
 Elections, Controverted, of Municipal Cmmdllors, ^c 455 
 
 Bridges. Highieay Labor .... .... .... 337 
 
 Road and Bridge Grants, Expenditure of .328 
 
 Roads, Preservation of .... .... .... 343 
 
 Streets, Commissioners of . . .... .... — . .... 350-1 
 
 BRIDGES AND PUBLIC LANDINGS 352 
 
 Control of certain, vested in municipal council, .... .... 352 
 
 Praws authorized to be made in bridges . . .... .... .... 352 
 
 Materials for public works : 
 
 authority to take from private lands . . .... 352 
 
 damages, how assessed . . .... .... .... .... .... 352 
 
 land exempt from provisions as to ... . 353 
 
 Municipal councils to have control of public wharves, bridges, and landings . . 352 
 
 Orders for preservation of, &c. , how made .... .... .... . 352 
 
 penalties may be affixed for breach of .... .... .... 352 
 
 British Shif, Ekqister of. See IMtnesses and Evidence ,,. 1181-2 
 
 Building Materials. Streets, Commissioners of 349 
 
 Bitildings. See Exhibition and Industrial Buildings .... .... 491 
 
 Fire Escapes, Boards of ... . .... .... .... 500 
 
 Fires and Firewards .... .... .... 493, 497 
 
 Religious Congregations, Sj-c .,., .... .•-.. 192 
 
 OotrNTY. See Jails, ^c. .. ' .... 180 
 
1296 
 
 GENERAL INDEX. 
 
 Bureau or Agriculture. See Farmers' Cluhs 
 
 Burning Brush. See County Incorporations . 
 By-Laws. See Corporations, General Provisions, ^c. 
 
 County Incorporations .... 
 
 Joint Stock Companies 
 
 Library Associations, SfC. .... . . . . 
 
 Lunatics, Custody, ^c . . . . .... 
 
 Public Markets .... .... 
 
 Religious Congregations, ^c 
 
 Statutes, Promulgation, Sfc. . . . 
 
 P.VGE 
 
 303-7 
 
 446 
 
 562-3 
 
 444-7 
 
 574-5 
 
 608 
 
 286- 
 
 492-3 
 
 193 
 
 4 
 
 c. 
 
 Canada, Legislation op not contravened. See Immigrants .... 561 
 
 Liberty of Subject 1223 
 
 Partnerships .... 620 
 
 Probate. Court 718 
 
 Witnesses and Evidence .. . 1188 
 
 Supreme and Exchequer Courts OF. See Supreme Court of Canada, ^c. 1195 
 
 Capias. See County Courts ' 1162-3 
 
 Magistrates' Courts, ^c 729, 73.5-6-7 
 
 Supreme Court, Src . .... .... 914-6 
 
 Care and Guardianship of Drunkards. See Drunleards, S^c. 688 
 
 Caribou. See Birds and Animals, Sfc 548 
 
 Carriages. Roads, Preservation of. 343 
 
 Case, Action on. See Limitation of Actions 1196-7 
 
 Cash. See Road and Bridge Grants, Expenditure of. .. .... .... .... 330 
 
 Casual and Territori.^ Revenue. See Revenue, CasiwX, Sj-c 66 
 
 Cattle. See Rent, Distress for, <Sec 1259 
 
 Guards. See Railways . .... .... . .... .... 376 
 
 Impounding of. See Fences, Ifc 513 
 
 Infected. See Cattle, Stray, #-c 513 
 
 CATTLE. STRAY, AND ANIMALS GOING AT LARGE 511 
 
 Application of proceeds of sale of , to use of poor .. . 512 
 
 Description of, with marks. &c. , to be sent to town clerk .... 511 
 
 Disputes as to expenses or ownership, how settled . 512 
 
 Dogs worrying sheep, may be killed . . .... .... 513 
 
 penalty on owners of .... .... .... .... 513 
 
 Fees payable by owner, when property claimed before sale 512 
 
 Fine for not proceeding according to chapter, after detention .... .... 612 
 
 Infected Animals going at large, regulations ... . ' .... 513 
 
 Municipal council, by-laws and regulations, &c . . . . . .... 512, 513 
 
 Notice to be given by finder to town clerk, &c. . .... .... .51 1 
 
 Proceedings when fovijid, and detained 511 
 
 where no claimant appears .... . .... . 512 
 
 Sale of, authorized within what period .... .... 512 
 
 notice of, how long to be posted 512 
 
 Penalties for breach of by-laws, &c. , affixed . .... . . 512, 513 
 
 Town clerk ; duties of, aiid fees payable to 512 
 
 Cause of Action. See Supreme Court, Sfc. . . .... Index 
 
 Causes. See Supreme Court, ^c S07, 813, 815, 958 
 
 Cellars. Nuisances .... 215 
 
 Central Board of Agriculture. See Agriculture, Encouragement of 298 sqq 
 
 Certain Public Officers, &c. See Public Officers, e^c 155 
 
 Certificate of Conviction. See Witnesses and Evidence. 1185 
 
 Discharge. Bills of Sale, Secret, ^c .... 651-2 
 
 Master. See Trusts and Trustees .... 1212 
 
 Kegistrar of Deeds. See Witnesses and Evidence 1183 
 
 Certificates. See Deeds, 4-c., Registry of 625 
 
 Lands, Sale of under Execution. . . .... 1250 
 
GENERAL INDEX. 
 
 1297 
 
 CeeTIPIOATes. See Litimtioi, Custody and Estates of .. 
 Medicine and Surgery . . . .... 
 
 Certiorari. See Assessments Municipal .... 
 
 County Courts .... .... .... 
 
 Intoxicating Liquors, Src 
 
 Severs, Dyke, and Marsh Lands. . . 
 Supreme' Cotcrt, ^'c. . . .... 
 
 Cestui que Trust. See Lands, Sale of under Execution 
 Chainmen. See Crown Lands. . .... .... 
 
 CHALLEX(iE. Juries .... .... .... .... 
 
 Chambers. County Courts . .... .... 
 
 Supreme Court, Sf-c. .... .... 
 
 Chancery. Probate Court . .... .... 
 
 Supreme Court, <f'C. .... .... 
 
 Character or Witness. See Witnesses and Evidence.. 
 Charities, Public, Co.mmissioisers of. See Public Oharitie.- 
 
 Charters. See Corporations, Ueneral Provisions, S/'c 
 
 Check Weigher. See Mines, Regulation. .. . .... 
 
 Chief Justice. Suprem,e (.^ourt and Procedure therein 
 
 Children. See Descent of Real and Personal Estate . . 
 
 Intoxieating Liquors, ^-c. .... .... 
 
 Poor, Sett!emen.t and Support of ... . 
 
 Bastard, M.iintenance of. See Bastard Children, Sj-c. 
 
 page 
 
 . . 287-8, 290 
 
 .... 203 
 
 478 
 
 ....1148-9 
 
 . . 538, 54j 
 
 .... 316 
 
 963 
 
 .... 1251 
 
 144 
 
 .... 1177 
 
 1152-4, 1158 
 
 .... Index 
 
 711 
 
 .. 939-950 
 
 1184 
 
 262 
 
 564 
 
 115 
 
 . . 800, 978 
 
 .... 645-6 
 
 539 
 
 .... 266 
 
 272 
 
 CHILDREX, PREVENTION ASD PDNISHMEJfT OP WRONGS TO . . 
 
 Billiard rooms, &c., minors not to be admitted to, &c. .... .... 
 
 Cliildren ; admitted to dancing classes only on written permission of parent, 
 not to be admitted to or permitted to remain in saloons, dance 
 
 liouses, &c .... .... .... .... 
 
 treated cruelly, provision in case of .... .... .... 
 
 Constables, empowered to enter saloons, dance houses, &c 
 
 Dancing classes, minors admitted to only on written permission of parent, &o. 
 Forfeitures ; disposal of ... . .... .... .... .... .... 
 
 for oH'ences against chapter. .... .... • .... 
 
 imprisonment in default of payment .... .... 
 
 proof of age to be on party charged .... .... 
 
 Justices, &c. , empowered to enter saloons, dance houses, &c. . . 
 
 Minors ; not to be admitted to saloons, billiard rooms, &c 
 
 proof of age to be on party charged with offence .... 
 OiBcers empowered to enter saloons, dance houses, &c. , . .... 
 
 Chimneys -iSD Chijiney Sweepers. See Fires and Fire irards ... . 
 
 Choses in Action. See Supreme Court, ^c .... .... 
 
 Christmas Day. See Statides, Promulgation, &c .... 
 
 Supreme Court, Sfc. ... .... .... .... 
 
 CHURCH OF EKGLASO 
 
 685 
 685 
 
 Bishop may institute legal proceedings in certain cases .... .... 
 
 Chapel wardens, election of. .... .... .... .... 
 
 Church wardens and vestry ; annual election of, when .... .... 
 
 meeting not held, proceedings on 
 
 by whom to be chosen .... .... 
 
 constituted body corporate .... 
 
 duties and powers of .... .... 
 
 meetings when and how held .... .... 
 
 outgoing wardens to make annual return 
 property .... .... .... 
 
 qualification for .... .... 
 
 refusal to act .... .... • • . . 
 
 vacancy in offices of ... . 
 
 Glebe lands ; how to be leased or sold 
 
 License ; bishop may grant to foreign clergyman 
 
 not to be refused without cause shown . . .... 
 
 83 
 
 685 
 686 
 686 
 686 
 687 
 
 .. 686-7 
 687 
 
 .. 686 
 686 
 
 .. 685 
 686 
 
 .. 686 
 496-7 
 
 .. 965 
 4 
 
 .. 964 
 
 185 
 
 187 
 186 
 186 
 186 
 186, 187 
 187 
 187 
 188 
 
 of 
 
 187 
 189 
 186 
 186 
 189 
 189 
 185 
 
1298 
 
 GENERAL INDEX. 
 
 CHURCH OF ENGLAND— Continued. 
 
 -Licensed clergymen only to officiate .... .... .... . . . . 
 
 Parishes ; already established to remain .... .... .... 
 
 may be divided, &c. , by bishop on application of parishioners, 
 new, how allotted .... .... .... .... .... 
 
 Parishioners, of whom to consist. ... .... 
 
 Rector ; election of, how and by whom . . .... .... 
 
 induction after obtaining bishop's letters of institution 
 may be appointed by bishop after a year's vacancy 
 
 Salary of clergyman .... .... .... 
 
 Church of England. See Edigious Congregations and Societies 
 Property. Trw^ts and Trustees .. .... .... 
 
 Circuits. See Supreme Court, §rc. . . .... 
 
 Citations. Probate Court ... .... .... .... .... 
 
 Civil Jurisdiction of Magistrates. See Magistrates' Courts, ^c . 
 Rights and Property of Aliens. See Aliens, Sfc. 
 
 City of Halifax. See Halifax City .... 
 
 Public Instruction . . .... 
 
 Clapboards. See Inspection of Provisions, <tc. ... . ... 
 
 Clergymen, Marriage, Solemnization of .... .... 
 
 Beligious Congregations, iS:c. ... .... .... 
 
 Clerk. Barristers and Attorneys . . .... .... 
 
 Sewers, Dyke and Marsh Lands .... .... 
 
 Streets, Commissioners of . . .... .... 
 
 OF Council. See County Incorporations . . .... ... 
 
 Crown. Prothonotary 
 
 Supreme Court, etc .... ... 
 
 CLERK OF CROWN ; appointed, by Govemor-La-Couucil 
 
 bond to be given by ... . .... 
 
 deputies how appointed and in what cases 
 to give bonds . , .... ... 
 
 judge to appoint in certain cases .... 
 
 prothonotary to act as .... .... 
 
 Clerk of Municipality. See Assessments, County 
 
 County Incorporations . .... 
 
 Highway Labor . . .... ... 
 
 Intoxicating Liquors, (be 
 
 Juries. ... .... .... .... 
 
 Poods, other than certain Great , 
 
 Clerks in Public Offices. See Public Officers, i-c. . . 
 
 OF License. See Intoxicating Liquors, d-c. .... ... 
 
 Public Exhibitions . .... .... 
 
 Markets. " Markets 
 
 Closing Roads. See Scads, Closing of .... .... 
 
 Clubs, Farmers'. Farmers' Clubs 
 
 Coal and Salt. Inspection of Provisions, <fcc .... 
 
 Coal Mines. Mines and Minerals .... 
 
 Mining Companies. See Assessments, Municipal .... 
 
 Coasting on Highways .... .... 
 
 Collectors. See Assessments, Municipal .... .... .... 
 
 County Incorporations. . .... .... ... 
 
 Fires and Firewards .... .... .... 
 
 Poor, Settlement, ttc, of .... .... ... 
 
 Sewers, Dyke, IfC. . .... .... .... 
 
 Colonial Attorney or Barrister. See Barristers and Attorneys. 
 
 Commission. See Probate Court .... .... 
 
 Supreme Court, tkc .... .... ... 
 
 Witnesses and Evidence .... .... .... 
 
 Commissioner, ^ee Mines and Minerals 
 
 Mines, Regulation .... 
 OP Crown Lands. See Crou-n Lands .... 
 
 Public Officers 
 
 of Public Works and Mines. See Lunatics, Src. .. 
 
 Public Officers 
 
 PACK 
 
 185 
 
 185 
 
 185 
 
 185 
 
 187, 188 
 
 .... 185 
 
 186 
 
 .... 186 
 
 189 
 
 195 
 
 121.3-1214 
 
 .809-813 
 
 708-9, sqq 
 
 .... 728 
 
 6.35 
 
 .... Index 
 
 .... 244-8 
 
 . 527-529 
 
 . . 655, sqq 
 
 192 
 
 1189-1193 
 
 308, 312, 319 
 
 .... 348 
 
 Index 
 
 .... 175-6 
 
 962 
 
 .... 175 
 
 175 
 
 .... 175 
 
 175 
 
 .... 176 
 
 .... 175 
 
 467, sqq 
 
 .... 425 
 
 338-341 
 
 . .534, sqq 
 
 1170, 1177 
 
 .... 326 
 
 .... 155 
 
 531 
 
 .... 522 
 
 492 
 
 .... 344 
 
 306 
 
 .... 524 
 
 Index 
 
 .... 481 
 
 521 
 
 .... 471 
 
 . 436, 438 
 
 .... 495 
 
 268 
 
 ..309, 316 
 
 1192-3 
 
 .... 711 
 
 . 869, 889 
 
 .1179, sqq 
 
 69-70 
 
 .... 113 
 
 142, sqq 
 
 .... 155 
 
 . 283, sqq 
 
 .... 155 
 
GENERAL INDEX. 
 
 1299 
 
 'CoMMissioyEKS. See Costs and Fee.s ,. . 
 
 Debtors, Indigent, Sj-c. . . 
 
 Highway Labor .... . ^ . . 
 
 Lands, Partition of .... .... 
 
 Lunatics, Custody of . . . .... .... 
 
 Public Charities .... . .... 
 
 Public hiitruction .... 
 
 Public Works, Subscriptions to .... 
 
 Hirers, conveying of Timber, ^-c, mi 
 
 Poatis, Certain Great, ^'C. ... 
 
 Road and Bridge Grants, Expenditure of. . 
 Supreme Court, Spc. . . ... . . . , . 86 
 
 Witnesses 'and Evidence. ..... 
 
 'CoMMissioxfiES 6F Sewbrs A5JD DvKE Lasds. See SeDsrs, 
 S-treEts. See Streets, Commissioners of 
 "CoMMiTTfEES. See Common Melds .... .... .... 
 
 Juries .... .... .... .... 
 
 Lunatics, Custody, die. . , . . . .... 
 
 ' Roads, other than certain Oreat .... 
 
 'Commitment, wakr.ant of. See County Gmirts, &c 
 
 Lunatics, Custody, Jjc. 
 
 ....1265,1269 
 
 1224 
 
 3.37-9, 341 
 ..1341-3,1246 
 
 287 
 
 262 
 
 .... 218, 221-223 
 490 
 
 518-9 
 
 322 
 
 328-333 
 
 889, 891,, 894-^8, 963 
 ■1179,1186 
 308 
 
 345 
 
 319-320 
 
 1169, 1171 
 
 290-1 
 
 .... 325 
 
 1157 
 
 .... 287 
 
 COMMON FIELDS 
 
 Assessment, of proprietors, &c. , by committee, how made . . 
 
 on Grand Prairie and Wickwlre dykes, how made 
 Boundaries and lines of, how kept up and rijn .... .... 
 
 Brands of animals ; entry of in town clerk's book .... .... 
 
 fee for making each -entry .... .... 
 
 fine for second entry of same mark. .... 
 
 Unauthorized or counterfeit .... 
 
 ■Committee of management ; appointment and diityof „ .... 
 
 assessment of proprietors, &c. , by, how to be made 
 -collectors appointed by, their duty .... .... 
 
 remuneration for attendance of, included in 
 assessment .... 
 
 Fences'; preceeiiings to compel erection of 
 
 Fencing, defective ; adjoining propriet«r to make good. 
 
 separate ; expense of to be paid by proprietor, &c. 
 Lines and boundarie^-of, how run out and kept up .... 
 
 Penalties, how collected . .... .... .... 
 
 Proprietors ; annual meeting of, and proceedings thereat 
 Regulations, made by proprietors at annual meeting 
 penalty for non-compliance with . 
 
 how collected .... .... 
 
 recorded and signed by chairman. .... 
 
 •Common School Grants. See Public Instruction 
 
 Tenancy in. See Joint Tenancy, 4~c 
 
 Commons. See County Incorporations .... 
 
 CoMMnNiCATiON,s, PRIVILEGED. See Witnesses and Evidence 
 
 Commutation. Soe Bighway Labor. .... 
 
 Companies, Foreign. See Supreme Court, d.'e. . . . .... 
 
 Incorporated, winding up of. See Incorporated Companies 
 
 Joint Stock. See Joint Stock Companies .... 
 
 Compensation to Families of Persons Killed by Accident. See Accident. 
 
 pensation, d-c .... .... 
 
 Complaint on Oath. See Forcible Entry and Detainer .... 
 
 Compulsory Arbitration. See Partnerships, Sfc 
 
 Computation of Time. See Statutes, Promulgations, ^-c. . . 
 Supreme Court, Sj-c. . . .... 
 
 Congregations and Societies, Religiou.s. Hee Religious Congregations, ^c 189 
 
 Constable, Chief. See Constable, Special, and preserving order .... 178-9 
 
 ■Constables. 8ee Assessments, Municipal .... .... .... ....474-6 
 
 Costs and Fees. ■^■... ■.... . — 1267,1272-3 
 
 318 
 320 
 320 
 318 
 319 
 319 
 319 
 319 
 319 
 320 
 320 
 
 320 
 .... 319 
 
 319 
 .... 319 
 
 318 
 320 
 
 318 
 318 
 
 319 
 .... 320 
 
 318 
 ....230-8 
 
 636 
 
 .... 444 
 
 1184 
 
 . . . . 338 
 
 923-4 
 
 •. . . . 588 
 
 567 
 
 Com- 
 
 .... 1220 
 
 1260 
 
 ....615-6 
 
 4 
 
 Index 
 
1300 
 
 GENERAL INDEX. 
 
 Constables. See County Incorporations .... .... .... . . • • 
 
 Mai]i«trales' Courts and Procedure 
 
 Railways .. .... .... .... ■ • ■ • 
 
 CONSTABLES, PKOTECl ION OF 
 
 Action against constable, &e., not brought until demand of copy, &c., 
 warrant .... .... .... .... • • • • . • ■ • 
 
 must be brought within six months .... .... .... 
 
 when judgment is against justice alone, costs. . . .... .... 
 
 for defendant ... .... .... .... 
 
 justice must be made party to. . . .... .... .... 
 
 Costs when verdict against justice .... .... .... . . . ■ 
 
 Demand of perusal and copy of warrant, served six days before action 
 
 when complied with, justice must be made a party. .... 
 
 Limitation of actions .... .... .... .... .... . - - • 
 
 Warrant, effect of proof of .... .... .... .... 
 
 PAGE 
 ..432, 439 
 729, sqq 
 ....402-4 
 
 of 
 
 179 
 
 179 
 180 
 180 
 180 
 180 
 180 
 179 
 180 
 180 
 180 
 
 CONSTABLES, SPECIAL, AND PRESERYING ORDER 177 
 
 Chief constable ; appointed by municipal council. .. .... .... .... 178 
 
 bond to be given by . .... .... .... .... 178 
 
 deputies of, chief may appoint. ... .... .... 179 
 
 duties and powers of .... .... .... .... 178 
 
 extra fees to justices in municipalities where there is a chief 
 
 constable .... .... .... .... .... 179 
 
 fees of, same as ordinary constable. ... .... . 179 
 
 justice cannot be a .... .... .... .... .... 179 
 
 process may be executed by any constable in county. . .. 179 
 
 salary of 178 
 
 Extra fees to justices, in municipality appointing a chief constable .... 179 
 
 return of 179 
 
 Justices ; cannot be chief constable .... .... .... .... .... 179 
 
 may appoint special constables in certain cases .... .... 177 
 
 swear in special constables .... .... .... 177 
 
 paid extra fees for process where there is a chief constable . .... 179 
 
 return and payment of extra fees to be made by to municipal treasurer 179 
 Penalties ; for constable refusing to assist chief constable .... .... 178 
 
 special constable refusing or neglecting to be sworn in. .... 178 
 
 resisting constable in the performance of Ijis duty .... 178 
 
 Police constables, appointed by municipal council . . 178 
 
 salary of . . .... .... .... .... .... 178 
 
 Special constables ; act under senior magistrate. ... .... .... .... 177 
 
 appointment in case of riot, disturbance, &c., by justices 177 
 to continue 14 days .... .... .... 177 
 
 verbally in case of disorder at public meeting 
 
 on request of chairman 177, 178 
 
 sworn in by any justice . , . .... . . 177 
 
 Construction of Statutes. See Statutes, Promidgation, dec. . . .... 2 
 
 CONSTKUOTIVE SERVICE. See Crown Property, Trespasses to 150-1 
 
 Escheating LamU, cCc. ... 1261 
 
 Highumy Labor .... .... .... 337 
 
 Lands, Partition of ... . .... 1240 
 
 Lands, Sale of under Foreclosure .... 1247 
 
 Lunatics, Custody, tS:c. ... 292 
 
 Mines and Minerals . .... .... . 73-4, 85, 87 
 
 Probate Court 705-710 
 
 Supreme Court, die. . . 826, 919, 923 
 
 Contagious Diseases. See Boards of Health .... 21 1 
 
 Contempt. See Witnesses and Evidence . . .... .... 1187 
 
 OF Court. See County Courts and Procedure, ^c 1157, 1165-6 
 
 Supreme Court, ^-c 886, 889 
 
 Continuance. See Lands, Partition of .... .... 1240 
 
 Supreme Court, ^c . . . .... .... .... 885 
 
GENERAL INDEX. 
 
 1301 
 
 PAGB 
 
 Contracts. See Frauds and Perjunes, ^c. .. . ■ ■ • ■ 647-8 
 
 Road and Bridge grantu, ^'c, .... .... .... 329-333 
 
 Controverted Elections. See Elections, Conlrorerted, of Members of House of 
 
 Assembly .... .... .... . . ■ ■ 43 
 
 Elections, Conlrorerted, of Municipal and Toion 
 
 Councillors 454 
 
 Conveyances. See Trusts and Trustees 1208-9 
 
 Wills of Feed and Personal Estate 640 
 
 Conveying Timber and Lumber on Rivers, &c. See Rivers, Conveying, ^c. .. 518 
 Conviction. See Justices, their Appointment, &c. . .... .... .... 725 
 
 OF Witness. See Witnesses and Eridence. .... .... 1185 
 
 Convictions aj^d Orders, Summary. See Summary Convictions, Src. , by Justices 
 
 of the Peace. 742 
 
 Coparceners. See Lands, Partition of .... .... 1239 
 
 Limitation of Actions. .... .... .... .... ■ 1200 
 
 Copies. See Supreme Court and. Procedure therein .... .... . .828, 836 
 
 Copy Certified. See Witneases and Eridence .... .... 1179-1182 
 
 Cordwood. See Inspection of Prorisiovs, Lumber, ^'c. .... .... .... 525 
 
 Corn. See Re7it, Distress for, and Tenancies .... .... .... .... 1259 
 
 CORONERS 
 
 Appointment of coroner and how sworn in ... . 
 
 Extra charges on inquests, how defrayed . . .... 
 
 Fees for inquisition, how drawn and paid .... 
 
 medical men examined before jury .... 
 
 Inquisition ; clerk of crown to file, &c 
 
 may be held on Sunday .... .... 
 
 return of, when and liow made . . . 
 Juries, how summoned, paid, &c. .... .... 
 
 Justices may liold inquisition, when . . 
 
 Triplicate returns of inques.s to be made. . .... 
 
 Coroners. See Costs and Pees . . .... .... 
 
 Intoxicating Liquors . .... .... 
 
 Coroner's Inquest. See Mines, Regulation of. . . .' 
 
 Corporation, Episcopal. See Religious Cotigregations, Sj-c. 
 
 CORPORATIONS, GENERAL PROVISIOSS RESPECTING 
 
 Abstract of receipts, expenditures, &c., to be filed annually, 
 penalty for refusing or neglecting to furnish . , 
 
 Application of chapter, as regards companies under chapter 79 
 
 Acts of ; to expire, unless operations within three years 
 
 valid, although unauthenticated,by seal. . .... 
 
 Arbitration ; mode of settling disputes by ... . .... 
 
 Banking or insurance ; only transacted by special authority. 
 
 By-laws ; extent and nature of .... .... .... 
 
 in what cases to be recorded .... .... 
 
 officers to be governed by . . .... 
 
 penalty for infraction of .... .... 
 
 Charters, to continue after expiration, &c .... 
 
 expire, if not put in operation .... .... 
 
 Directors ; personally liable in certain cases ... .... 
 
 First meeting of, how called .... .... .... .... 
 
 Insurance ; returns of to be made to Provincial Secretary's office 
 
 Justices ; power of to direct calling of meeting .... .... 
 
 Liability, of directors .... .... .... 
 
 members . . .... .... .... .... 
 
 Meeting ; how called in special cases, and business at . . 
 
 Members liable for debts and obligations of .... 
 
 Officers, how appointed, vacancies, how filled . . .... 
 
 may be sued in Supreme Court, &c .... 
 
 Penalty for making false returns, &c. . .... .... 
 
 Powers and privileges of, defined. .... 
 
 .. 176 
 
 176 
 .. 177 
 
 176 
 .. 176 
 
 176 
 .. 176 
 
 176 
 .. 176 
 
 177 
 
 .. 177 
 
 1267 
 
 . . 535 
 
 124-5 
 
 , . . 194 
 
 562 
 
 . . 566 
 
 566 
 
 . . . 567 
 
 563 
 
 . . . 565 
 
 565, 566 
 
 . . . 565 
 
 562 
 
 562, 563 
 
 562 
 
 . 562 
 
 504 
 
 . 563 
 
 564 
 
 . 563 
 
 566 
 
 . 563 
 
 564 
 
 . 564 
 
 563 
 
 . 564 
 
 562 
 
 . 564 
 
 567 
 
 .562-3 
 
1302 
 
 GENERAL INDEX. 
 
 CORPORATIONS, GENERAL PROVISIONS RESPECTING— Continued, page 
 PKOceedings, how recorded, wlieji required' by A«t 
 Real estate to be deemed personal property .... 
 Returns of, how aathentieated and when made 
 
 penalty for falsifying, &e 
 
 Seal of, acts of, valid' withoat .... .... 
 
 Shareholders, list of when to be- registerad 
 Shares, personal property .... .... .... 
 
 Trustees may be appointed to settl'e aiffairs of .... 
 
 their powers and duties .... .... 
 
 CoBPORATiONS, Land aud Agricultukal. See Agnicultural and Land Coi-pora- 
 
 tigns . .... .... 
 
 CoEEUPT Pragtices. AT Ekections. See Elections^, Controverted, of Members, ^c. 
 
 Elections, Controverted of , Municipal and 
 
 T'oum Couneillors . 
 
 Costs.. See Arbitration .... .... 
 
 Constables, Protection of 
 
 Count]/ Courts . 
 
 Excheating Lands forfeited to Croivn . . , 
 
 Executors, Administrators and Trustees .... 
 
 Intoxicatinci Liquors, ^c . 
 Justices, Appointment, Spc. 
 Lands, Partition of. . 
 Magistrates' Courts 
 Partnerships .... 
 
 Probate Court ... .... 
 
 /Summary Convictions 
 
 Supreme Court, ^c 
 
 Trusts and Trustees.. 
 
 COSTS AND FEES 
 
 Actions for penalties under chapter, where and when brought 
 Applications for grants, &o. , not affected . . .... .... 
 
 Commission ; how allowed on in.oney paid into court ... 
 Defendant to have no witness' fees u-nles& called' by plaintiff 
 Excessive fees, penalty for taking .... .... .... 
 
 Grants, applicants for, &c. , exempted from Chapter 
 
 Items of certain fees to be f iirnished by Prothonotapy . . 
 
 Justices ; fees, how divided between .... 
 
 lyinii'tation of action for penalties 
 
 Penalties for taking excessive fees .... .... 
 
 on Prothonotary for not furnishing items. 
 
 Plaintiffor defendant, when entitled to witness fees 
 
 Prothonotary ; duties as to attorneys'bills of costs. ... .... 
 
 not allowed' commission on money paid' into court 
 to furnish bills of items if required' . . .... 
 
 Schedule ; fees to be as prescribed in 
 
 Schedule of fees 
 
 Advocates and proctors in divorce court 
 
 probate „ 
 Appraisers, in probate court . . 
 
 Supreme u ... 
 
 Arbitrators tinder rule of court 
 Bastardy cases- ... .... 
 
 Commissioners in court of divorce. 
 Supreme Court . 
 Constable in Supreme Court , . . 
 
 magistrates'' court 
 
 bastardy cases .... 
 
 Coroners . .... .... 
 
 Court of magistrates . . .... 
 
 marriage and divorce . . . 
 probate ., 
 
 753; 
 
 562-a 
 563 
 
 566-7 
 567 
 565 
 562 
 563^ 
 564 
 564 
 
 304 
 43 
 
 454 
 
 1219 
 
 179- 
 
 1162, 1166-7 
 
 1261 
 
 ... 1206> 
 
 538-9 
 
 .. 727 
 
 1241 
 
 .. 735 
 
 616 
 
 705-7 Iff 
 
 V 754-5, sqq 
 
 . . Index 
 
 1210 
 
 ... 1263 
 
 1263 
 ... 1274 
 
 1265 
 ... 1267 
 
 1263 
 ... 1274 
 
 1263' 
 ... 1272 
 
 1263 
 ... 1263 
 
 1263 
 ... 1267 
 
 1263 
 ... 1265 
 
 1263 
 ... 1263 
 
 1268-9 
 ... 1271 
 
 1271 ■ 
 ... 1267 
 
 1268 
 ... 1273 
 
 1269 
 ... 1265 
 
 1267 
 ... 1272 
 
 1273 
 ... 1267 
 
 1271 
 ... 1268 
 
 1269i 
 
GENERAL INDEX. 
 
 1303 
 
 COSTS AND FEES-Continued. 
 
 Schedule of fees : 
 
 Crier .... 
 
 Crown land office. .... 
 Deeds, registrar of ... . .... 
 
 Distress for rent . . 
 
 Divorce and marriage . .... 
 Foreclosure and equitable suits 
 
 Jailer or keeper of lock-up 
 
 Judge of probate . .... 
 
 ordinary .... .... 
 
 Jurors in justices' court . 
 
 Supreme Court 
 
 Justices in bastardy cases . 
 
 magistrates' court . 
 Lock-up, keeper of, or jailer 
 
 Magistrates' court .... 
 
 Masters . . .... .... 
 
 Medical practitioners . .... 
 
 Ministerial officers in probate court 
 Probate court .... ..... 
 
 Proctors and advocates in divorce court . . . 
 probate . u . 
 
 Prothonotary .... 
 
 in summary and appeal causes 
 sub-summary causes . . ... 
 
 Provincial Secretary's office. ... .... 
 
 Registrar of deeds .... .... ... 
 
 divorce court .... .... 
 
 probate court . .... ... 
 
 Rent ; distress for .... .... 
 
 Sheriff in probate court. ... .... ... 
 
 Supreme Court .... .... 
 
 on sale of land in equity. ... ... 
 
 Witnesses in justices' court .... 
 
 Supreme Court . . 
 
 Witnesses, fees must be tendered to, &c. . . ... 
 
 Council. See County Incorporations .... .... 
 
 Councillors, County. See County Incorporations . . 
 Legislative. See Legislature .... 
 
 Town, &c. See Elections, Controverted of, S/-C 
 Counsel. See Supreme Court, ^'C. . 
 Counties, Divided. See Juries .... 
 
 Townships, &c., Boukdakies op. See Boundaries. 
 County. See County Incorporations , . 
 Buildings. See Jails, Sec. 
 
 &c. 
 
 COUNTY COURTS, AND PROCEDURE THEREIN 
 
 Absconding debtors ; powers of court as to .... 
 
 Administrator may sue and be sued . . 
 
 Afiidavit required on pleading title to land .... 
 
 may be taken by clerk and deputy ... 
 Amendment ; powers of court and judge as to ... . 
 
 Appeals, from county courts ; what allowed, and how regulated 
 
 when a stay of proceedings . . 
 to county courts ; from what decisions .... 
 
 to be to what court. ... .... 
 
 how regulated .... .... 
 
 justice to transmit papers on. . . 
 
 motion to compel justice to return papers . 
 
 quashing of ... .... 
 
 respondents' remedy on 
 to Supreme Court from decisions of judge in certain cases. . 
 
 PAGE 
 
 .... 1267 
 
 .... 1274 
 
 1273 
 
 .... 1274 
 
 1268 
 
 .... 1268 
 
 1273 
 
 . . 1269-70 
 
 1268 
 
 .... 1273 
 
 1267 
 
 .... 1273 
 
 . . . . 1271-2 
 
 .... 1273 
 
 1271 
 
 .... 1268 
 
 1268 
 
 .... 1271 
 
 1269 
 
 .... 1268 
 
 1271 
 
 . . . 1264-5 
 
 1265 
 
 .... 1265 
 
 1263-4 
 
 .... 1273 
 
 1269 
 
 .... 1270 
 
 1274 
 
 .... 1271 
 
 . ... 1265-6-7 
 
 .... 1268 
 
 .... 1272 
 
 1267 
 
 .... 1272 
 
 . . . . Index 
 
 .... Index 
 
 7 
 
 .... 454 
 
 ..885, 971, 974 
 
 .... 1167 
 
 165 
 
 .... 425 
 
 180 
 
 1145 
 
 1150-1 
 
 1148 
 
 .... 1149 
 
 1150 
 
 ...1156-7 
 
 .... 1163-4 
 
 .... 1164 
 
 1148 
 
 .... 1148 
 
 1160 
 
 .... 1161 
 
 s... 1161 
 
 .... 1160 
 
 .... 1160 
 
 .... 1148 
 
1304 
 
 GENERAL INDEX. 
 
 COUNTY COURTS, AND PROCEDURE THEREIN— Continued 
 
 Appellant to give notice of trial. . . .... .... 
 
 Arguments ; where to be held .... .... .... 
 
 Arrest of defendant before final judgment 
 
 Assessment of damages in default oases .... .... 
 
 Attorneys of Supreme may practise in county court 
 Books to be provided by clerk .... .... .... 
 
 Ca; las of defendant .... .... .... .... 
 
 Cases stated ; how submitted and argued .... .... 
 
 Certiorari ; writs of, may issue, where and how ... 
 Cliambers, judges may frame rules for .... .... 
 
 trials at and notice of. .... .... 
 
 when and where held .... .... .... 
 
 Chapter, present, how cited .... .... 
 
 Chapters, certain, made applicable to county courts. . . . 
 
 Clerk, appointments of ; how made ... .... 
 
 certain, ratified .... .... 
 
 deputy ; appointment and compensation of . . 
 
 clerk to be respontible for .... .... 
 
 powers of .... .... .... 
 
 duties of ... . .... .... .... .... 
 
 fees of . . . .... .... .... .... 
 
 paid by fees . . .... .... 
 
 powers of .... .... .... .... 
 
 security to be given by .... .... .... 
 
 tenure of ofBce of. .... .... .... 
 
 to adjourn court in absence of judge. ... .... 
 
 to provide books . . .... .... .... 
 
 to transmit papers to Supreme Court, when .... 
 
 when an attorney not to practise, where .... 
 
 Confession ; judgment on ... . .... .... .... 
 
 Contempt of court ; how punished .... .... 
 
 form of warrant for .... .... 
 
 Coroner to execute process, when .... .... 
 
 Costs ; execution for in chambers, matters, how obtained 
 for not proceeding to trial .... .... 
 
 in appeal cases .... .... .... .... 
 
 proceedings against tenants .... .... 
 
 sunnnary cases .... . . .... .... 
 
 Supreme Court to apply to county courts, when, 
 justice to certify with appeal papers.. . . .... 
 
 on chan ging place of trial .... .... 
 
 motion to return papers on appeals . . 
 taxation of in contested suits .... .... 
 
 table of ... . ... ... .... 
 
 Court, County ; appeals from, what and how regulated 
 
 when a stay of proceedings 
 to, from what decisions . . . 
 how regulated .... 
 
 certain Acts made applicable to . . , 
 forms and process of. .... ... 
 
 holding of, how determined .... 
 
 jurisdiction of .... .... ... 
 
 may issue writs into other counties 
 powers of, as to amendment . . 
 
 to enforce rules .... 
 
 practice and procedure of Supreme Court to apply to. 1 
 Supreme ; appeals to .... . . .... 
 
 summary jurisdiction of, abolished 
 Default ; judgment on .... .... .... 
 
 Decisions ; what to govern judges .... .... 
 
 Defence ; as to jurisdiction to be pleaded .... .... 
 
 . verification not necessary 
 
 Definition of terms in certain chapters ... .... 
 
 PAGE 
 
 1152 
 
 1153 
 ...1162-3 
 
 1148 
 1147 
 
 1147 
 ...1162-3 
 
 1158 
 ...1148-9 
 
 1158 
 
 .... 1)54 
 
 1152-3 
 
 .... 1164 
 
 .... 1159-80 
 
 .... 1146 
 
 .... 1146 
 
 .... 1146 
 
 1146 
 
 1160, 1164 
 
 ..1151-2, 1155 
 
 1162, 1166 
 
 1146 
 .... 1150 
 
 1146 
 .... 1146 
 
 1146 
 .... U47 
 
 1149 
 .... 1146 
 
 1151 
 .... 11.57 
 
 1165 
 .... 1150 
 
 1162 
 .... 1154 
 
 1161 
 .... 1153 
 
 1162 
 .... 1162 
 
 1161 
 .... 11.52 
 
 1161 
 
 .... 1162 
 
 1166-7 
 
 ...1163-4 
 
 1164 
 
 .... 1148 
 
 1160-1 
 
 .... 1159 
 
 1158 
 ...1145-6 
 
 1147 
 
 .... 1151 
 
 1156-7 
 
 .... 1157 
 
 147-1150,1157 
 
 ..1148, 1163-4 
 
 .... 1148 
 
 1151 
 .... 1147 
 
 1149 
 
 1149 
 .... 1157 
 
GENERAL INDEX. 
 
 1305 
 
 COUNTY COURTS, ASD PROCEDURE THEREIN-Continned 
 
 Demurrer ; proceedings in lieu of, wher'e argued 
 
 Districts ; division of province into 
 
 District judgment book to be kept by clerk. 
 Entry of caus.es for trial .... .... 
 
 at chambers 
 appeal causes . .... .... 
 
 Evidence of .judgment, what to be . . . 
 Execution ; form same as in Supreme Court 
 sale of lands under .... 
 
 Executor may sue and be sued. ... .... 
 
 Fees of clerk .... .... ... 
 
 juror . .... .... .... 
 
 sherifif .... .... 
 
 table of . . .... .... .... 
 
 Foreign companies . . .... .... .... .... 
 
 Forms : of Supreme Court to be used in county courts 
 Forcible entry ; jurisdiction of court ps to . . . . .... 
 
 Garnishee proceedings ; jurisdiction of court as to. 
 Governor-in-Council : to appoint time and place of holding courts 
 Judge, absence of ; clerk to adjourn court on 
 disqualified may call in another judge .. 
 ex officio a justice of the peace .... 
 
 may change place of trial .... .... 
 
 frame chambers' rules .... 
 
 meaning of word in certain statutes . . . 
 not to practise profession . .... 
 
 Oath to be taken by . . .... .... 
 
 powers of, as to new trials . . . 
 
 to set aside findings of jury. 
 
 qualification of . , .... 
 
 residence of . .... .... .... 
 
 tenure of office of .... .... 
 
 to approve of books . . .... .... 
 
 be governed by what decisions . . 
 hold chambers .... .... .... 
 
 preside over coiirt in his district 
 Judges may frame general rules .... .... 
 
 Judgment ; entry of in book .... .... 
 
 evidence of .... .... .... 
 
 on default and confession .... 
 
 registration of to bind lands .... 
 
 Judament book : to be kept by clerk .... 
 
 Jurisdiction ; defence as to ... . .... 
 
 in cases of forcible entry .... 
 
 of court defined. ... .... 
 
 city court abolished in certain cases . . 
 Jury ; fees of . . . .... ... ... 
 
 findings of may be set aside by judge . . . 
 how drawn, in counties other than Halifax. . 
 Halifax county . .... 
 
 liability of to penalties .... .... 
 
 may be summoned to assess damages . . . 
 meaning of word in certain statutes 
 trial by, in counties other than Halifax, 
 in Halifax county .... 
 
 Justice ; to transmit appeal papers ... .... 
 
 certify costs . .... .... 
 
 have costs of motion in certain cases 
 
 Lands ; sale of under execution . . 
 
 when bound by judgment. ... 
 
 Legacy may be sued for .... .... 
 
 Motions ; where argued . , , . . . . , . 
 
 New .trial ; application for, how; made .... 
 
 PAGE 
 
 1153 
 1145 
 
 1151-2 
 1158 
 1154 
 1160 
 1151 
 1151 
 1151 
 1148 
 1162 
 1162 
 1162 
 .1166-7 
 1150-61 
 1158 
 
 1153-4 
 1150 
 
 1145-6 
 1146 
 1146 
 1147 
 11.52 
 1158 
 1157 
 1146 
 1146 
 1156 
 11.56 
 1145 
 1145 
 1145 
 1147 
 1147 
 
 1152-3 
 1145 
 1159 
 .1151-2 
 1151 
 1151 
 1151 
 1151 
 1149 
 
 115.3-4 
 1147 
 
 1153-4 
 1162 
 1156 
 1155 
 1156 
 1156 
 1148 
 .1157-8 
 11,55 
 1156 
 1161 
 1161 
 1161 
 1151 
 1151 
 1148 
 1153 
 1156 
 
1306 
 
 GENERAL INDEX. 
 
 COUNTY COUBTS, AND PROCEDURE THEREIN— Continued. 
 
 New trial ; powers of judge as to ... . .... .... .... 
 
 Notice of trial ; contents, &e. , of . .... .... .... 
 
 Order for arrest .... .... .... .... ... 
 
 Penalties for non-attendance of witnesses .... .... 
 
 Place of trial ; change of . . . .... .... .... 
 
 Pleading ; title to land . . .... .... .... • • • • 
 
 Possession ; form of writ of . . .... .... .... 
 
 Practice of Supreme Court to apply to County Court . ..1147 
 
 Proceedings against tenants .... .... .... 
 
 Procedure ; general provisions as to .... .... .... 
 
 of Supreme to apply to County Courts .... 1147; 
 
 Process ; how issued and directed .... .... .... 
 
 when sheriff a party. .... .... .... 
 
 of Supreme to apply to County Courts ... .... 
 
 Prothonotary ; meaning of word in certain statutes .... 
 
 Province ; division of into districts .... .... .... 
 
 Record ; county courts to be courts of 
 
 Replevin ; order for, when granted .... ... .... 
 
 Rules ; judges may frame general .... .... .... 
 
 Seals : provided for . .... .... .... .... 
 
 Sheri£f ; fees of generally .... .... .... .... . ■ • . 1162. 
 
 in proceedings against tenants 
 
 process, how executed when a party to suit .... 
 to summon jury in Halifax ... .... 
 
 Sittings, length of ... . 
 
 Special cases ; where argued .... .... 
 
 Summary causes ; what to be and how marked .... 
 
 Supreme Court ; practice, &c., to apply to county courts ... . .1147, 1150. 
 
 term to include county court . .... 
 
 Tenants, overholding ; proceedings against .... .... 
 
 form of summons to. . . .... .... 
 
 Title to land, when in question. . .... .... ... 
 
 Trial by jury; in counties other than Halifax.. .... 
 
 Halifax county. ... .... .... 
 
 change of place of ... . .... .... .... 
 
 judges may order new .... .... .... .... 
 
 notice of, contents, (fee. . : . . .... .... 
 
 length of in chambers suits .... .... 
 
 of causes at chambers . . .... .... .... 
 
 setting aside findings of jury on ... . .... .... 
 
 Vacation of Supreme Court to apply to County Court, District No. 1 . 
 Verdict ; meaning of in certain statutes . . .... .... 
 
 Witnesses ; penalties for non-attendance of ... . .... 
 
 Writs may issue into other counties .... .... .... 
 
 COUNTY INCORPORATIONS 
 
 Abstract of receipts and expenditures. .... .... 
 
 Accounts ; when to be audited ... .... .... .... 
 
 Actions, by and against council : . . . . .... .... 
 
 how brought . . . . .... .... .... 
 
 limitation of .... .... .... 
 
 Acts ; meaning of words in existing .... .... .... 
 
 Administration of justice, power of council as to .... 
 
 Affirmation : may be made in place of oath .... .... 
 
 Agreements ; existing to remain in force .... .... 
 
 Appeals ; council to hear .... .... .... .... 
 
 Arbitrators ; appointment of, to fix proportion of county assessment to 
 
 borne by incorporated towns .... 
 
 when lands taken for rail^^■ay purposes 
 payment of ... . .... .... .... .... . . '. . 
 
 for lands taken for railways. . .... .... .... 
 
 of rate or tax, how made .... .... .... .... 
 
 how recovered .... .... ... 
 
 PAGE 
 1156 
 
 1152-1154 
 . 1162-3 
 
 ...1154-5 
 1152 
 
 .... 1149 
 1165 
 
 1150, 1157 
 . 1153-4 
 
 1150-1153 
 1150, 1157 
 1150 
 1150 
 1158 
 1158 
 1145 
 1145 
 1150 
 1159 
 1147 
 1164 
 1153 
 1150 
 1156 
 1145 
 1153 
 1161 
 1157 
 1157 
 1153 
 1165 
 1149 
 1155 
 1156 
 1152 
 1156 
 1152 
 1154 
 1154 
 1156 
 1155 
 1157 
 154-5 
 1151 
 
 425 
 4.38 
 437 
 
 442-3 
 443 
 448 
 441 
 442 
 448 
 439 
 
 be 
 
 Assessment : 
 
 448 
 443 
 443 
 443 
 437 
 438 
 
GENERAL INDEX. 
 
 1307 
 
 COBNTY IXCORPORATIONS-ConUnned. 
 
 Assessment : o( iijcorporated towns in county, 
 of districts, how made .... 
 
 orders for, when made . . .... 
 
 property liable to . . . .... 
 
 Assessors ; appointment of . . .... .... 
 
 vacancy in office of, how filled. 
 Auditors; appointment of .. . ... .... 
 
 authority of . .... .... ... 
 
 compensation of . . .... .... 
 
 duty of .... .... .... 
 
 qualificatior of 
 
 Ballot ; counting of . . . .... .... .... 
 
 voting for councillors to be by .... 
 
 Board of Health .... .... .... .... 
 
 By-laws ; council to regulate officers by . . .... 
 
 proven, how .... ... .... 
 
 to be laid before legislature .... .... 
 
 regarding : (council may make) . .... 
 
 accounts and claims .... 
 
 administration of justice 
 
 assessments . 
 
 ballast .... .... .... 
 
 bridges . . 
 
 boomage .... .... .... 
 
 burning brush .... .... 
 
 cattle and sheep, marking of ... . 
 
 cattle at large 
 
 commons .... .... .... 
 
 disorderly driving 
 
 docks and landings .... .... 
 
 dog-tax . . .... 
 
 election of councillors . . .... 
 
 ferries, fairs and markets . . 
 fire-arms and fire-works .... 
 
 gaol limits .... 
 
 gaols and work-honses . . 
 
 good government . . .... 
 
 hay, straw, and grain> weighing of 
 immorality .... ... 
 
 justice, administration of 
 
 licensing exhibitions 
 
 pedlars 
 
 lock-up houses .... 
 
 management of property 
 markets and fairs . . 
 
 noises, disorderly 
 
 noxious weeds 
 
 nuisances .... .... 
 
 officers of municipality . . . 
 
 police 
 
 pounds . . 
 
 revenue, salaries, &c. . . 
 
 river banks .... 
 
 salt coal, and wood .... 
 
 security, giving of., 
 streets, sidewalks, &c. . . 
 truckage . . .... 
 
 weighing and measuring hay, straw, 
 wood, lumber, &c 
 
 wood measurement 
 
 Bridges ; money for .... .... 
 
 power of council over .... .... 
 
 Candidates ; nomination of . . , . . .... 
 
 salt. 
 
 PAGE 
 
 448 
 .. 437 
 
 437 
 437-8 
 
 436 
 .. 4.36 
 
 43S 
 .. 433 
 
 43.5 
 .. 433 
 
 433 
 
 427 
 .. 427 
 439-440 
 .. 433 
 
 443 
 
 .. 447 
 
 444-5-6-7 
 
 ... 445 
 
 444 
 ... 444 
 
 447 
 ... 447 
 
 446 
 ... 446 
 
 446 
 ... 446 
 
 444 
 ... 446 
 
 445 
 445, 447 
 
 444 
 ... 445 
 
 445 
 ... 446 
 
 446 
 ... 445 
 
 445 
 ... 446 
 
 444 
 ... 446 
 
 447 
 ... 446 
 
 444 
 ... 445 
 
 445 
 ... 446 
 
 446 
 ... 447 
 
 446 
 ... 445 
 
 444 
 ... 446 
 
 445 
 ... 447 
 
 445 
 
 445 
 
 coal, 
 445, 
 
 447 
 447 
 440 
 441 
 426 
 
1308 
 
 GENERAL INDEX. 
 
 COUNTY INCORPORATIONS-Contlnued. 
 
 Clergyman : oaiinot act as councillor . .... .... .... 
 
 Clerk, municipal ; appointment of .... .... .... .... 
 
 deputy of, how appointed and duties .... .... 
 
 disqualification for office of ... . .... .... 
 
 duration of office . . .... .... .... ... 
 
 duties of, generally .... .... .... 
 
 to post list of officers .... .... .... 
 
 furnish presiding officer with list of voters .... 
 
 supply presiding officers with notices of election 
 keep correct account of fines .... . . . . 
 
 preside at first meeting of council .... 
 
 penalty for giving false certificate .... .... .... 
 
 treasurer, office of, clerk cannot hold .... .... 
 
 Collection of revenues, &c .... .... .... .... .... 
 
 Collectors ; appointment of . . .... .... .... .... .... 
 
 former remuneration to be continued . .... .... .... 
 
 vacancy, how filled .... .... .... .... .... 
 
 Commissioners of streets not obliged to act more than one term .... .... 
 
 Contingent fund ; money for, how raised .... .... .... .... 
 
 Contractors cannot act as councillors .... .... .... .... .... 
 
 Contracts ; by whom and how made . . .... .... .... .... 
 
 meaning of words in existing . . .... .... .... .... 
 
 Corporate powers of municipality, what and how exercised .... .... 
 
 of city or incorporated towii not limited by this chapter . . 
 Council : constituted of warden and councillors .... .... .... .... 
 
 meetings of .... .... .... 
 
 powers of, generally .... .... 
 
 to borrow money .... 
 
 issue debentures ... .... 
 
 regulate its proceedings 
 control municipal property . 
 
 quorum of 
 
 questions in, how decided .... 
 
 special meeetings of, how called .... 
 
 tie vote in ... . .... .... 
 
 vacancy in, how supplied. . .... 
 
 Councillors ; absence of . . .... .... 
 
 death of .... .... .... 
 
 disqualification of . . . .... 
 
 election of, when and where held. 
 
 how notified of . . . 
 exemptions from serving as .... 
 
 fines, liability to ... . .... .... 
 
 intoxicating liquors, not to hold license to 
 
 conviction for selling 
 
 meeting of ... . .... .... 
 
 number of , . .... . . .... 
 
 oath, what and how taken .... 
 
 neglecting to take, penalty for . . 
 time for taking may be extended 
 
 pay of .... .... 
 
 powers of ... .... 
 
 protection of .... .... 
 
 qualification of . .... ... 
 
 refusing to accept office 
 resignation of . . .... 
 
 resign, how to .... .... 
 
 sworn into office, when . . ... 
 
 to serve until successor sworn in 
 
 County ; meaning of term 
 
 to be a body corporate .... 
 
 Debts ; existing provided for .... 
 
 of county to vest in municipality 
 
 sell 
 
 to vacate seat of 
 
 PAGE 
 428 
 432 
 4.32 
 432 
 433 
 432 
 434^5 
 447 
 426 
 431 
 426 
 444 
 435 
 441 
 436 
 438 
 436 
 435 
 437 
 428 
 441 
 448 
 425 
 425 
 425 
 431 
 440-1-2 
 449 
 
 . . . 449 
 432 
 
 . . . 435 
 430 
 
 . . . 430 
 431 
 
 . . . 430 
 429 
 
 . 429-30 
 429 
 
 ... 428 
 426 
 
 . . . 427 
 428 
 
 . . . 431 
 430 
 
 . . . 430 
 430 
 
 ...' 426 
 429 
 
 . . . 429 
 429 
 
 . . . 431 
 440 
 
 .' . . 443 
 428 
 
 ... 429 
 429 
 
 . . . 430 
 430 
 
 . . . 42.i 
 425 
 
 . . . . 425 
 437, 448 
 
 .... 437 
 
GENERAL INDEX, 
 CODNTT INCORPOKATIOXS-Continned. 
 
 Debentures ; form of ... . 
 
 interest on ... . .... 
 
 power of municipality to issue 
 
 Deputy clerk .... .... 
 
 District ; assessment, when and how made 
 
 number of councillors for . 
 Elections ; notice of, how given . . 
 
 power of council as to .... 
 
 special provided for . . . 
 when to be held . . .... 
 
 commence and close 
 unnecessary .... 
 
 who to preside at ... . 
 
 Electors ; qualifications of municipal . 
 Fairs ; to be regulated by council 
 Pence viewers ; appointment of .... 
 
 Perries ; council to regulate .... 
 
 Financial year ; end of .... 
 
 Fines ; applied, how. ... .... 
 
 clerk to keep account of .... 
 
 liability of warden and councillors to 
 recovery of . . .... .... 
 
 Gaol limits ; council to regulate . . 
 Guysborough polling districts 
 Health officer ; how appointed .... 
 
 House of Commons ; members of exempt from acting as councillors . . 
 Informer ; when competent witness . . 
 Intoxicating liquors ; conviction for selling to vacate seat of councillor 
 license to sell not to be held by councillor . 
 power of council as to .... .... 
 
 Judgments : against council, when to be paid . . .... 
 
 not paid in six months, recovered, how 
 
 to bear interest . .... .... .... 
 
 Jury lists ; revising of . . .... .... .... 
 
 service ; warden and councillors exempt from .... .... 
 
 Justice ; administration of .... .... 
 
 of peace ; powers of not abridged by Act .... 
 
 Lands : taken for railways, assessment for .... 
 
 exempted from operation of chapter . . 
 
 Lease limited to 21 years .... .... 
 
 Liabilities ; existing, how provided for 
 Meetings of Council, regular and special . . 
 Money ; power of council to assess for .... 
 
 borrow . . 
 voted, when ... .... .... 
 
 when Act required to borrow 
 Municipalities ; crown lands may be granted to . 
 liable for existing debts 
 
 may be trustees . . .... 
 
 not to include 3ity or incorporated town 
 
 powers of ; to acquire and manage property 
 
 make assessment 
 
 not to issue notes 
 
 property formerly vested in trustees to vest in . . 
 
 and debts of county to vest in 
 
 Nomination : filed, with whom 
 
 how and when made .... 
 
 notice of to be given .... .... 
 
 presiding officer, duty of at . .... 
 
 neglect of not to invalidate election, 
 
 penalty of for neglect .... 
 
 Notes ; municipalities not to issue .... 
 
 Oaths ; administered, by whom 
 
 1309 
 
 PAGE 
 
 449 
 449 
 449 
 432 
 4,37 
 426 
 426 
 442 
 448 
 427 
 426 
 427 
 426 
 428 
 441 
 4.39 
 441 
 4.37 
 438 
 431 
 431 
 438 
 446 
 449 
 439 
 428 
 438 
 430 
 430 
 441 
 443 
 443 
 443 
 442 
 442 
 441 
 442 
 443 
 436, 438 
 435 
 .437-448 
 431 
 
 . 436 
 449 
 
 . 441 
 449 
 
 . 436 
 437 
 
 . 436 
 425 
 
 . 435 
 436 
 
 . 4.37 
 435 
 
 . 437 
 426 
 
 .426-7 
 427 
 
 . 427 
 427 
 427 
 
 . 437 
 442 
 
1310 
 
 GENERAL INDEX. 
 
 COUNTY INCORPORATIONS-Continned. 
 
 Oaths ; councillor to take oath of allegiance and of office 
 penalty for neglect to take. ... .... .... 
 
 refusing to administer .... .... .... 
 
 returning officer to have power to administer. .. 
 
 Schedule of . . .... .... 
 
 to be taken by all officers .... 
 
 warden and councillors may administer certain 
 Office ; forfeiture for neglect to take .... .... 
 
 oath of to be taken . . .... .... 
 
 qualification for. . .... .... 
 
 re-appointment to. . .. .... 
 
 tenure of .... .... .... - .... 
 
 vacajicy in, how filled .... .... 
 
 Officers ; county, appointment of . . . . , .... 
 
 list of to be posted. . 
 
 remuneration of .... .... 
 
 district, appointment and duties of ■ . 
 
 remuneration, by whom fixed. . . . 
 
 security of, who to fix .... 
 
 proof of appointment of .... .... 
 
 protection of .... .... .... 
 
 Overseers of highways ... 
 
 poor, to account to council .... 
 
 Penalty , how applied. . . .... .... 
 
 recovered .... .... .... 
 
 Polling districts, certain, divided and defined . . 
 
 Poor ; council to have power to provide for 
 
 Poor district ; council may alter ..... .... 
 
 Poor houses ; erection and maintenance of .... 
 
 Poor rates . .... .... .... .... 
 
 Pound keepers ; appointment of. . .... 
 
 Presiding officer ; duty of on nomination 
 
 at election .... .... 
 
 powers of, tq administer oaths 
 
 at elections.. .... 
 
 to mail notice of election 
 
 be sworn before allowing voting 
 Quorum of council. .... .... .... 
 
 Rates ; how assessed and recovered .... .... 
 
 Resignation of warden and councillors .... 
 
 Returning officer : to have power to administer oaths 
 
 Pv,evisors .; appointment and duties of 
 
 Roads ; laying out 
 
 money -for. 
 
 Road districts ; council may make . , . •. 
 
 Road surveyors ; appointment of 
 
 Schedule to chapter . 
 
 Seal of corporation ...... 
 
 Sheriff : disqualified from acting as councillor. . .... 
 
 Statute labor ; power of council as to 
 
 Stipendiary magistrate ; appointment of 
 
 Superintendent of roads ; appointment of . . . . 
 
 Surveyor of highways : to make returns 
 
 Tellers ; appointment of 
 
 to be sw orn . , . . . 
 
 Town meetings ; not to be held for support of poor . 
 Treasurer ; appointment of, by whom 
 
 to be annual. .... 
 
 clerk of council cannot be . 
 
 duties of 
 
 security to be given by . . . 
 ,.r *° ^*°ld office till successor O/ppointed 
 
 Vacancy, in council how filled ...... 
 
 P.iGE 
 
 .. . 429 
 
 434 
 . . . 4.34 
 
 4.30 
 
 454 
 . . . 430 
 
 440 
 .. . 434 
 
 4.34 
 .. . 434 
 
 435 
 . . . 4.33 
 
 434 
 ... 433 
 
 434 
 . .. 441 
 
 439 
 . . . 439 
 
 4.39 
 . .. 444 
 
 443 
 . .. 439 
 
 439 
 . . ■. 438 
 
 438 
 .449--452 
 . . . 441 
 
 439 
 . . . 441 
 
 439 
 , . . 439 
 
 427 
 . . . 427 
 
 430 
 , . . 428 
 
 427 
 . . . 427 
 
 430 
 . . . 438 
 
 430 
 . . . 430 
 
 447 
 ... 440 
 
 440 
 . . . 441 
 
 439 
 . . . 452-4 
 
 425 
 . . . 428 
 
 440 
 
 439 
 
 441 
 ... 435 
 
 427 
 . . . 427 
 
 439 
 . . . 432 
 
 432 
 . . . 436 
 
 432 
 ...432-3 
 
 433 
 .429-430 
 
GENERAL Index. 
 
 1811 
 
 COUSTT INCORPORATIONS-Continued. 
 
 Vacancy ; in office, how filled . ,.,,.. 
 
 Vote ; where persons may. 
 
 who may . . 
 
 who may not .... 
 
 Vpters ; list of, to be used 
 
 furnished to presiding officers by clerk 
 
 residing in incorporated towns not to vote 
 
 Voting : to be by ballot. 
 
 Warden : absence or 'Uness of . 
 
 chosen, how ... 
 
 deputy, appointment and powers of 
 
 duties of," to preside at meetings of council ...... 
 
 serve until successor sworn in ...... 
 
 issue warrant for election to fill vacancy. . . • 
 
 call special meetings. . 
 
 transmit abstract of receipts to Governor, 
 
 fines, liability to ... . 
 
 pay of 
 
 powers of 
 
 protection of . , 
 
 vacancy in office, how filled 
 
 Court. See A rhitration .... .... .... .... 
 
 Trusts and Trustees .... .... . . , . 
 
 AND Judges. Siee Liberty of Subject .. .... .... 
 
 FOR Divorce and Matrimonial Causes. See Costs and Fees 
 OF Probate. See Probate Cofurt, and Procedure therein . .... 
 
 Supreme, and Procedure in. See Supreme Court, Sfc. . 
 
 Courts, County. See County Courts, Sj-c, .... .... 
 
 magistrates'. See Magistrates' Courts, Civil Procedure in .... 
 Supreme and Exchequer of Canada. See Supreme and Exchequer 
 
 of Canada .... .... .... .... ... 
 
 Coverture. See Limitation of Actions .... .... .... .... 
 
 Creditors. See Married Women, Property of 
 
 Wills of Peal and Personal Estate ... .... .... 
 
 Creditors, Frauds on by Bills of. Sale. See Bills of Sale, ^c, ... 
 
 Ceier, See Costs and Fees . . .... .... .... .... 
 
 Crime or Interest. See Witnesses and Evidence . 
 
 Crossings. See Railways . . .... . . 376, 
 
 Crown, Clerk of. See Clerk of Crown . . 
 
 Crown Land Office. Costs and Fees .... .... 
 
 PAGE 
 
 434 
 
 . . . 428 
 
 447 
 
 ... 449 
 
 447 
 
 ... 447 
 
 449 
 
 ... 427 
 
 426 
 
 . .425-6 
 
 426 
 
 ... 425 
 
 425 
 
 , . .429-30 
 
 431 
 
 ... 438 
 
 431 
 
 ... 431 
 
 440 
 
 ... 443 
 
 426 
 
 1214, sqq 
 
 1212 
 
 ... 1221 
 
 126 S-9 
 
 ... 697 
 
 ... 799 
 
 1145 
 
 .... 728 
 
 Courts 
 
 1195 
 
 ...1202-4 
 
 666 
 
 .... 639 
 
 649 
 
 .... 1267 
 
 1183 
 
 396, 407-8 
 
 175 
 
 .. 1274 
 
 CROWN LANDS 
 
 Agricultural lands, application for, how made 
 
 must be accompanied by affidavit 
 
 lots, how surveyed, marked, &c 
 
 price and sub-division of .... .... 
 
 quantity grantable limited .... .... 
 
 roads may be laid out by order of commissioner 
 road work taken in part payment for land 
 
 Balances due by applicants, time for payment of, &c 
 
 Bond by deputy surveyors .... .... 
 
 for balance due for land .... 
 
 trial of case on .... 
 
 Chainman to be sworn by deputy surveyors 
 
 Commissioner ; Attorney-General to be .... _ • • • • 
 Deputy surveyors ; appointment of by Governor-in-Council 
 
 bond given to Attorney-General 
 
 commission to be received by . . 
 
 county plan to be supplied to, &c. . . 
 Dominion surveyors, may be. . . . . . , 
 
 duties to be performed by . . 
 
 fees for plans, searches, &c. . . . .... 
 
 instructions to be furnished to .... 
 
 142 
 . . . 145 
 
 145 
 ... 145 
 144. 145 
 ... 145 
 
 145 
 
 145 
 . . . 146 
 
 142 
 .146, 147 
 
 147 
 ... 144 
 
 142 
 . . . 142 
 
 142 
 ... 142 
 
 142 
 ... 142 
 
 142 
 ... 142 
 
 142 
 
1312 
 
 GENERAL INDE^. 
 
 CROWN LANDS-Contlnned. 
 
 Deputy surveyors ; quarterly accounts, how rendered 
 
 to be attested to 
 township line may be traced by 
 
 Disputes, as to application, &c .... 
 
 fiat of Attorney-General before trial of . . . 
 
 Forms of bonds, &c. See schedules . . 
 
 Governor-in-CouDcil may decide questions of occupancy 
 Grants, in what cases may be declared void. ... 
 
 Lumbering purposes ; application for lands for, &c. 
 
 extent of grant for, limited . . 
 price to be paid by grantees of 
 Notice, to pay balance due by grantees .... ... 
 
 quit may be given by Attorney-General . 
 
 party disregarding, liable to arrest, &c, 
 Penalty for cutting trees on ungranted lands .... 
 
 Possession ; arrest of person refusing after notice to quit 
 bond how given, and case how tried, &c. 
 costs to be taxed, by successful party 
 court after judgment may order .... 
 
 judgment, record of to be made, &c. 
 
 other legal remedies not abridged 
 
 under 60 years, provisions respecting 
 Price of lands . . .... .... .... . . . • 
 
 Purchase of, application for how made .... 
 
 Purchaser not to enter until passage of grant 
 
 Re-vestment of certain lands in crown .... 
 
 Roads may be laid out by order of Attorney- General 
 Roadwork taken in part-payment for lands . . 
 Sale of lands for balance due thereon .... .... 
 
 Schedules to chapter, bond, record, writ of possession, 
 
 Title of Crown not to be contested .... 
 
 Waste and unproductive lands .... .... 
 
 Crown L.-ij,-Ds. See Agricultural, Src, Corporations. . .. 
 
 Immigrants. .... .... 
 
 Mines and Minerals .... .... 
 
 Revenue, Casual, Sfc. .... 
 
 Ceowm, L.\xds FORrEiTED TO, EsoHEAT OF. See JSschealini/ Lands, 
 
 CROWN PROPERTY, TRESPASSES TO .. 
 
 Action for, where to be brought.. .... .... 
 
 Appeal from justices to Supreme Court, proceedings on 
 
 Chapter not to conflict with that on Mines and Minerals 
 
 Condemnation, form of sentence, &c. . .... .... 
 
 Duties and powers of sheriffs, surveyors, &c 
 
 Forms, schedules of .... .... . . 
 
 Gross proceeds of sales, disposal of .... .... 
 
 No person to cut wood, &c., without license . . .... 
 
 penalty therefor .... 
 
 Penalty for cutting wood, &c., without license 
 
 obstructing officers, &c .... 
 
 Privileges of persons impleaded, &o. . . . . .- 
 
 Proceedings, after seizure .... .... .... 
 
 where parties are known, form, &c. 
 
 unknown, form, &c. 
 
 Proceeds of sale of trees, &c., to whom paid . . 
 
 Prosecutions to be in name of the Queen . . .... 
 
 Sheriffs and surveyors to protect Crown property 
 
 Trees, &c., illegally cut may be seized and sold . . . 
 
 Trespasser.^ not entitled to jail limits in certain cases. 
 
 When property sold does not pay expenses .... 
 
 Crusher. Hee Mines and Minerals .... .... .... 
 
 CtSTOUY AND EsT.\T£s OF LnN.i.Mcs. See Lunatics, Custody, ^c. 
 
 PAGE 
 
 
 142 
 
 
 143 
 
 
 144 
 
 
 143 
 
 . .. 
 
 143 
 
 148, 
 
 149 
 
 
 144 
 
 143, 
 
 144 
 
 
 144 
 
 
 145 
 
 . • 
 
 144 
 
 
 146 
 
 
 146 
 
 
 146 
 
 
 146 
 
 
 146 
 
 .146, 
 
 147 
 
 
 147 
 
 
 147 
 
 
 147 
 
 
 147 
 
 145, 
 
 146 
 
 .144, 
 
 145 
 
 
 143 
 
 
 143 
 
 
 147 
 
 
 145 
 
 
 145 
 
 
 146 
 
 148, 
 
 149 
 
 
 147 
 
 
 144 
 
 
 304 
 
 
 559 
 
 
 100 
 
 
 66 
 
 
 1261 
 
 
 149 
 
 
 152 
 
 
 151 
 
 
 152 
 
 ' 151 
 
 153 
 
 
 150 
 
 
 153 
 
 
 151 
 
 
 149 
 
 
 149 
 
 
 149 
 
 
 151 
 
 ' 151 
 
 , 152 
 
 . . . . 
 
 150 
 
 150 
 
 , 153 
 
 ..150 
 
 , 153 
 
 151 
 
 , 152 
 
 
 150 
 
 
 150 
 
 
 152 
 
 
 152 
 
 
 151 
 
 "so-i 
 
 -2-3 
 
 
 281 
 
GENERAL INDEX. 1.313 
 
 D. 
 
 PAGE 
 
 1147 
 
 ... 1236 
 
 1260 
 
 . .. 725 
 
 73-6, 79 
 
 . . . .389 
 
 323 
 
 ...326-7 
 
 311 
 
 Damages. See County Courts, and Procedure in... 
 
 Dower, Writ of .... .... .... 
 
 ForcihU EiUry and Detainer .... 
 
 Justices, Appointment and privileges 
 
 Mines and Minerals .... 
 
 Railways. ... .... .... .... 
 
 Roads, Certain Great, Sj-c. .... 
 
 other than certain Great .... 
 
 Sewers, Dyked and Marsh Lands. . . 
 
 Supreme Court, Sj-c Index 
 
 Various other chapters. 
 
 Damages by Cattle. See Fences, and Impounding of Cattle. . 513 
 
 Day, WORKING. S>ee Highway Labor.' 337 
 
 Day* See Supreme Court, ^c 964 
 
 Deajt or Deaf Mute Persons, Education or. See Education, ^c. . 258 
 
 Death, IN Partition. See Lands, Partition oJ.. 1246 
 
 OF Parties. Supreme Court, $-c 846-7 
 
 of Sheriffs. Sheriffs. ■ 172-3 
 
 OF Trustees. Trusts and Trustees 1208 
 
 Debt. See Limitation of Actions. . 1196 
 
 Debtors, Absent or Absconding. See Supreme Court, ^c 919-924 
 
 DEBTORS, INDIGENT, CONFINED IN JAIL 1224 
 
 Acts ; certain of county judges made valid 1229 
 
 Affidavit, for appeal 1227 
 
 remand of debtor 1226 
 
 Agent ; service on in certain cases 1225 
 
 Appeal ; costs allowed to debtor in certain case of.. 1227 
 
 court of ; what to be.. 1229-30 
 
 creditor to make affidavit for 1227 
 
 debtor entitled to as of right 1227 
 
 papers on ; return of 1227 
 
 Application, for relief ; how and to whom made 1224 
 
 schedule with petition on . . 1224 
 
 Assignment, to creditor for payment of debt 1225 
 
 when debtor refuses to make 1229 
 
 Commissioners appointed, by Governor-in-Council 1224 
 
 heretofore, powers of . . 1224 
 
 when to give an order for discharge 1225, 1229 
 
 Confession of judgment : may be ordered in case on mesne process 1225 
 
 Costs : allowed to debtor by court of appeal, when 1227 
 
 Court of appeal ; duty of 1227 
 
 evidence below to be returned to 1227 
 
 may allow costs to debtor, when . . ; . . . 1227 
 
 Creditor may apply to have debtor examined 1228 
 
 be called on to shew cause against debtor's discharge 1228 
 
 Crown ; debtors at suit of, how discharged . . ...... 1226 
 
 Debtors at suit of crown, how discharged 1226 
 
 costs allowed to by court of appeal, when 1227 
 
 discharge of, on assignment and after petition 1225 
 
 property liable for debt after .... ' 1228 
 
 when warden moves for .... 1228-9 
 
 may be examined on application of creditor .... 1228 
 
 remanded on affidavit. ...... 1226 
 
 witness fees taxed against, when. . 1226-7 
 
 Decision to be given at close of heiring 1227 
 
 Discharge of debtor, at suit of crown 1226 
 
 on making assignment, &c. . . ...... 1225-6 
 
 warden's or councillor's application 1228-9 
 
 84 
 
1314 GENEKAL INDEX, 
 
 DEBTORS, ISniGENT. CONFINED IN JAIL-Continued. iagh 
 
 Discharge of debtor, property liable after 1228 
 
 to be by order 1227 
 
 Evidence below to be returned to court of appeal . • ■ ■ ■ 1227 
 
 may be supplemented on appeal. . 1227 
 
 Fees of sherift', who liable for on discharge 1228 
 
 to be paid for services under chapter. . 1228 
 
 Judges of county courts, acts of made valid 1229 
 
 Judgment of confession may be required in case of mesne process .... 1225 
 
 Oaths to be administered to debtor . . 122o 
 
 Order for discharge, when to be given 1225 
 
 none to be made if appeal demanded 1227 
 
 prisoner to be discharged by 1227 
 
 Papers to be returned to Supreme or County Court 1227 
 
 Penalty for refusal to act .... 1228 
 
 Petition for relief, to whom to be presented 1224 
 
 schedule to accompany . . 1224 
 
 Prisoner at suit of crown, how discharged 1226 
 
 to be discharged by order ' 1227 
 
 Proceedings on hearing, when warden or creditor applies for discharge 1229 
 
 Property of debtor liable after discharge. . . 1228 
 
 Refusal to act : penalty for 1228 
 
 Kemand of debtor, on affidavit 1226 
 
 in case of fraud . . ... i . . 1226 
 
 Return of papers to Snpreme or County Court 1227 
 
 Schedule of fees 1230 
 
 Slieritf ; fees of, who liable for on a discharge 1228 
 
 Special sessions ; when to be court of appeal 1230 
 
 Summons ; service of, and schedule 1224-5 
 
 how proved .... 1225 
 
 Warden may call on creditor to shew cause why prisoner should not be 
 
 discharged 1228 
 
 Witness fees : wnen to be taxed against debtor ... ..... 1226-7 
 
 Debtors, Joint. See Limitation of Act ions .... .... .... .... 1197-8 
 
 Debts. See Probate Court, ^c 702, 707-71 1 
 
 Deceased Persons. See Assessments, Municipal.. .... .... .... 479 
 
 Declarations. See Deeds, 4rc. , Registry of. . . .... .... .... .... 628 
 
 Library Association.^, Sfc .... .... .... 606 
 
 Witnesses and JUvidrnce ... .... .... .... ....1181 
 
 or Trust. See Fraiuls and Perjuries .... .... .... 647 
 
 Decrees. See Probate Cotirt .... .... .... 712 
 
 Deeds. See Deeds, Sfc. , Registry of ... . .... .... .... .... 627 
 
 Witnesses and ilvidence. . .... .... .... .... .... 1181 
 
 DEEDS AND ENCU.HBRANOES AFFECTING LANDS, REGISTRY OF 623 
 
 Attachment ; certificate, endorsed on, to be evidence of registry. .... 625 
 
 discharge of by entry on margin of registry ... .... .... 626 
 
 double indexes to books, how made and kept .... .... 624 
 
 lauds bound by, from what date, &c. .... .... .... 626 
 
 registered in county where the lands lie , . .... .... 624, 626 
 
 from time of being lodged in office . .... .... 626 
 
 Bond, to be given by registrar, &c. ... .... .... .... 623 
 
 Books of entry, double index of to be kept .... .... .... .... 624 
 
 registry, contemporaneous to be kept in Halifax .... 627 
 
 double index to be kept .... .... .... .... 624 
 
 for grants, by whom furnished .... .... 627 
 
 how provided, tlieir kind, quality, &c. . .. .... 624 
 
 safe keeping of provided for .... .... .... 623,. 627 
 
 Certificate of registrar, to be evidence of registry . . .... .... .... 625 
 
 Declarations, &c. , made in Great Britain, &c. , legal efifect of ... . .... 628 
 
 Deeds ; certificate endorsed on, evidence of registry .... .... .... 625 
 
 copied into books, so as to be transcripts of originals .... .... 624 
 
 deemed registered, when proved and lodged .... .... 62.5 
 
 executed under power of attorney ; power to be registered .... 625 
 
GENERAL INDEX. 
 
 1315 
 
 &c 
 
 &c. 
 
 DEEDS AND ENCUMBRANCES AFFECTINGf LANDS, REGISTRY OF 
 Coiiliiitied. 
 
 Deeds ; how proved within the Province . . .... 
 
 without II .... 
 
 registered, when witness absent or dead 
 plans attached to, copied in books .... .... 
 
 registered in order as proved and lodged ... 
 
 OB declarations made in Great Britain 
 to be registered in county where lands lie., 
 unregistered, void against subsequent purchasers 
 witness compellable to prove execution of, &c. 
 'Grants ; after 31st March, 1854, where to be recorded, 
 books for the i-egistry of, by whom furnished 
 duplicate originals of, by whom to be signed . . 
 fee for recording, and by whom payable. ., 
 how transmitted for registry, and recorded. ., 
 index to contain name of each grantee .... 
 
 plan in duplicate transmitted and attached . . .. 
 
 Indexes ; provision for safe' keeping of books of . . . . 
 
 Judgments-; certificate on docket evidence of registry, 
 docket of, what particulars to contain 
 liow discharged, .... .... 
 
 registered and on what proof 
 
 lands bound from date of registry 
 'not to be tacked to prior encumbran<;es 
 -registered from time when lodged 
 
 in county where lands lie . . 
 Leases, for more than three years, should be registered, &c. 
 Mortgages ^ discharged by i'elease recorded .... 
 
 not registered, void in certain cases 
 
 to be tacked to prior mortgage . ., . 
 release, marginal note to be made of 
 
 what particulars to contain . . , 
 Oaths, of execution., by whom administered within Province 
 
 without II 
 in case of death or absence of witness 
 (Partition of township ; plans of certified and transmitted 
 Power-of attorney to be recorded, when deed executed under 
 Registrar -of deeds ; appointment -of , and of deputy 
 
 bond to be given by, &c . . .... 
 
 books of -registry to be furnished by 
 
 •oaths may be ad-ministered by 
 
 penalty for neglect of duty .... 
 -Safes, fireproof ; books of registry and indexes to be kept in 
 counties and districts to be assessed for 
 Halifax County exempt from provision 
 penalty on registrar for not keeping books in 
 Witnesses, -compellable to produce for proof or registry. 
 
 1)eeds by Married Women. See Married Women, Property of 662-7- 
 
 OF Incoepoka-tion. lietigiovA Congregations, Sj-c .... 189, sqg 
 
 Registrar of. Costs and Fees .... ... 1273-4 
 
 Deeds, ^c. , Registry of . .... .... 623 
 
 Sheriffs'. Lands, Sale of under Execution .... .... 1 252 
 
 Lands, Sale of under -Foreclosure. . .... 1248 
 
 'Default. See Lands, Partition of .... .... .... .... 1241 
 
 Supreme Court, ij-c. ... .... .... Index 
 
 -Defeasance, See Bills of Sale, Secret, 4'c. .... .... .... .... 649 
 
 Defence. Forcible Entry and Detainer .... .... .... 1260 
 
 Supreme Court, and Procedure in .... .... .... .Index 
 
 Deficiency OF Rate. See Sewers, Dyke and Marsh .. .... .... sij 
 
 Degrees of Kindred. Descent of Heal and Personal Estate .... .... (54.4. 
 
 Demise. See Limitation of Actions . . .... .... .... .... ...1201-2 
 
 Demurrer, See Supreme Court, dc .... .... .... .... ggg 
 
 Dei'aktmektal Officers. See Public Officers, etc I55 
 
 TAGE 
 
 . 624 
 
 624-r) 
 
 . 624 
 
 624 
 . 625 
 
 628 
 . 624 
 
 626 
 . 625 
 
 627 
 . 627 
 
 627 
 . 627 
 
 627 
 . 627 
 
 627 
 . 623 
 
 625 
 . 626 
 
 626 
 . 626 
 
 626 
 . 626 
 
 623 
 . 624 
 
 627 
 . 626 
 
 626 
 . 626 
 
 626 
 . 626 
 
 624 
 .624-5 
 
 624 
 . 627 
 
 623 
 . 623 
 
 623 
 . 624 
 
 624 
 . 627 
 
 623 
 . 623 
 
 627 
 
 627 
 
 625 
 
1316 
 
 GENERAL INDEX. 
 
 pAce 
 
 Deposit. See Elections, Controverted, of Memhera of House of Assembly, &c. 44 
 
 Supreme Court, cbc .... 954 
 
 Depositions. See Supreme Court, <fcc Index 
 
 Witnesses and Evidence .... 1 179 
 
 DEPnTY Commissioners. See Mines and Minerals .... 68-70 
 
 Registrars. Marriage, Solemnization of .... . . 655, sqq 
 
 Secretary. Public Officers, Sj-c. .... 155 
 
 Surveyors. Crown Lands . . .... .... .... 142 
 
 DESCENT OF KEAl AND PERSONAL ESTATE 
 
 Advancement, how treated on division and distribution 
 in real estate, how to be considered, &o. . 
 not required to be refunded, &c . . . . 
 valuation of, by intestate, to be conclusive 
 what gifts or grants shall be deemed to be 
 when parties die before intestate, how allowed . 
 Children, advancement to by intestate, how considered, &c. 
 posthumous, how to be provided for. 
 
 Degrees of kindred, how to be computed.. 
 
 Descent of undevised real estate .... .... ... 
 
 in case deceased should leave issue. 
 
 no issue . . 
 
 of unmarried deceased minor leaving 
 
 brothers . , .... .... 
 
 other cases, and among collaterals .... 
 
 property of unmarried deceased minor how 
 divided . . .... .... .... 
 
 Distribution of undevised personal estate, rules for. ... .... .... 
 
 Dower ; lands held by widow as, how divided after her death 
 
 title of widow, as tenant in, not affected .... .... .... 
 
 Estate, undevised by will, how to be distributed . . .... .... .... 
 
 Gifts or grants, what shall be deemed to be advancements .... .... 
 
 Intestate ; lands held in trust for, how chargeable, and descent of . . . .... 
 
 leaving issue, descent of real estate of .... . .... 
 
 no issue, descent of real estate of .... .... 
 
 or father, descent of real estate of . . 
 
 widow, IP M II 
 
 personal estate of, how to be distributed .... .... .... 
 
 posthumous children of, how provided for 
 
 wearing apparel of, distributed among family 
 
 Kindred, degrees of, how to be computed.. .... .... .... 
 
 Minor; unmarried, descent of estate in case of death of, &c .... 
 
 Paraphernalia, &c. , of widow to be allowed her , . .... .... 
 
 Posthumous children, provision how to be made for .... 
 
 Tenancy by the curtesy and in dower, not affected .... .... 
 
 Undevised estate, real and personal, how distributed . . 
 
 Widow ; allowance to for maintenance out of personal estate 
 
 lands held in dower by, how divided after death 
 
 one third of personal estate to be distributed to . . .... .... 
 
 paraphernalia, &c. , to be allowed to. . . .... 
 
 where no issue, to take half of real estate .... 
 
 Detainer, Forcible. See Forcible Entry and Detainer 
 
 Detention, Unlawful. See Supreme Court, S[-c 
 
 Detinue. See Limitation of Actions 
 
 Devises. Wills of Seal and Personal Estate ... 
 
 Directors. Corporations, General Provisions Respecting. . 
 Joint Stock Companies. .... .... 
 
 Library Associations .... .... .... 
 
 Disabilities, Legislative, ^ee Legislature 
 
 Disability. See Trusts and Triistees : " ' " 
 
 Discharge of Debtor. See Debtors Indigent, g-c ... 
 
 FiEE-ARMS AND FiRE-woRKS. See County ImorpofcUimii 
 Patient. See Lunatics, Custody, ^-c, of 
 
 643 
 . 645 
 
 646 
 .645-6 
 
 646 
 . 646 
 
 646 
 .645-6 
 
 645 
 . 644 
 643-^ 
 . 643 
 
 644 
 
 644 
 644 
 
 644 
 
 645 
 .... 646 
 
 646 
 .... 646 
 
 646 
 .... 645 
 
 643 
 .... 644 
 
 644 
 .... 644 
 
 645 
 .... 645 
 
 645 
 .... 644 
 
 644 
 .... 645 
 
 645 
 .... 646 
 
 646 
 .... 645 
 
 646 
 .... 645 
 
 645 
 
 .... 644 
 
 1260 
 
 832-3, 925-6 
 
 1196 
 
 .... 637 
 
 564 
 ..571, sqq 
 
 607 
 
 .... 7-15 
 
 1209 
 
 .... 1224 
 
 445 
 "..289-290 
 
GENERAL INDEX. 
 
 1317 
 
 Disorderly Driving, 
 Distress for Rent. 
 
 OR Entry. 
 Distribution. 
 
 Discharge oe Prisoner. Liberty of Subject 
 Discontinuance. See Supreme Court, 4'C- 
 Diseases Infections. See Boards of Health, ^c. 
 Roads, Preservation of 
 Costs and Fees 
 Rent, Distress for. . 
 Limitation of Actions. 
 See Descent of Real and Personal EstcUe 
 Trusts and Trustees . . 
 Districts. See County Incorporations .... 
 
 Highway Labor. .... 
 
 Mines and Minerals .... .... . . . , 
 
 Electoral. See Election of Members of the House of Assembly 
 Poor. See Poor Districts. . .... .... 
 
 Townships, &c. See Boundaries of Counties, ^c. 
 Division op Lands. See Lands, Partition of. . .... 
 
 Real Estate. See Probate. Court. . . . 
 
 Divorce. See Married Women, Property of. . 
 
 Court. See Costs and Pees .... 
 
 Docket. See Supreme Court, Ac 
 
 Documents. See A rbitration .... 
 
 Supreme Court, ttc. .... 
 
 Witne.'ises and Evidence^ .... 
 
 Dogs. See County Incorporations .... .... 
 
 Cattle Stray and A nimals going at Large 
 Dower. See Descent of Real and, Personal Estate . 
 Limitation, of Actions .... .... 
 
 Married Women, Property of .. , 
 Probate Court, &c. . 
 
 DOWER, WRIT OF 
 
 Damages for withholding dower .... ^ . . . 
 
 Dower : how set-off .... .... .... 
 
 when widow may sue for. ... .... 
 
 Endowment, where property indivisible. . . 
 
 Foi-m of writ of do «er .... 
 
 seisi 1 . . . . .... .... .... ■ • ■ ■ 
 
 Service, on heir or person having freehold when absent, &c. 
 
 Waste, not to be committed or suffered ... .... .... 
 
 Widow, may sue for dower, when .... .... 
 
 Drainage. See Seu 2rs, Dyke, and Marsh 
 
 Drains. " " " 
 
 Draw Bridges. See Bridges and Public Landings . ... 
 
 Driving, Rules for. See Roads, Preservation of. 
 
 Drugs. See Medciines and Druijs, Sale of. . . . 
 
 DRUNKARDS, THE GUARDIAJVSHIP AND CARE OF .. 
 
 Asylum for drunkards ; guardian may place interdicted person in, &c. . .. 691 
 
 license for, how granted, &c .... .... 691 
 
 Guardian ; son, of full age, may be. . . .... 690 
 
 Interdicted persons ; guardian of, son, of full age, may he. . 6S0 
 
 may be placed in an asylum ..... . 691 
 
 penalty for supplying liquor to .... 6C9 
 
 register of names, in probate office .... .... 691 
 
 Interdiction ; application for, by petition setting forth facts .... 688-9 
 
 renewail of .... .... .... 660 
 
 effect of . . . .... .... 
 
 evidence, need not be written down, &c. . .... .... 689 
 
 opposing, may be adduced . .... .... .... 689 
 
 sufficient, common report and reputation of being a 
 
 drunkard 690 
 
 supporting ; opinion and testimony oi sworn witnesses 
 
 examined bjy judge .... .... 689 
 
 1221 
 
 . Index 
 
 211 
 
 . .343 
 
 1274 
 
 . 1255 
 
 1198-1201 
 
 ...644-5 
 
 1211 
 
 ... 425 
 
 335 
 
 71-2, sqq 
 
 15 
 
 ... 271 
 
 165 
 
 ... 1239 
 
 705 
 
 ... 684 
 
 1268-9 
 
 ... 815 
 
 1214 
 
 . . Index 
 
 1179 
 
 445, 447 
 
 513 
 
 ... 648 
 
 1201 
 
 . , Index 
 
 705. 
 
 ... 1236 
 
 1236 
 ..1236-7 
 
 1236 
 ... 12.37 
 
 12.37 
 ... 1233 
 
 12,38 
 ... 12;^ 
 
 1236 
 
 310, sqq 
 
 317 
 
 . . . 352 
 
 343 
 
 ... 206 
 
1318 GENERAL INDEX. 
 
 DRUNKARDS, THE GUARDIANSHIP AND GARE OF-Confinu«d. page 
 
 Interdiction ; judge's decision on application, final • • • • 690 
 
 order before hearing, form of .... • - . ■ • • • . "92 
 
 meaning of term in chapter .... .... • • • • "°* 
 
 persons under, may be placed in asylum .... ... . • • • 691 
 
 names of registered in probate ofBce 691 
 
 petition for, affidavit to acccanpaay . . 688, 691-2 
 
 contents of .... 688-!> 
 
 form of 691-2 
 
 service of. . .... 689" 
 
 proceedings to obtain — summary. . . . 
 
 removal of .... .... 
 
 Habitual drunkard, what sufficient evidence of being 
 Meaning of term "interdiction " irh chapter ... 
 Petition for interdiction ; affidavits to accompany > 
 contents of . .... 
 
 form of ..... .... 
 
 service of. . .... 
 
 Schedule of forms .... .... .... .... ■••• •••- ....691-2" 
 
 DuKATiON or General Assembly.. See Legislature .... .... .... 8- 
 
 Duties and Salakie.s of Ckktain Officees. See Public Officers, ibc. .... 155 
 
 Duty, Justice how Compelled to Perform. See Justices, Appointment »f 72T 
 
 Dyked and Marsh Lands. See Sewers, Dyke, ttc. .... .... 308 
 
 Dykes. See Sewers, Dyke, .and Marsh Lands 308; 
 
 .... 691 
 
 69* 
 
 .... 690 
 
 688 
 
 688, 691-2 
 
 688-9' 
 
 ....691-2' 
 
 6S» 
 
 E. 
 
 Easements. See Limitation of A ction.^. .... 1203-4 
 
 Education. See Public Instruction . . .... .... .... 218 
 
 EDUCATION OF THE BLIND 260 
 
 Admission to Halifax school for the blind .... .... .... .... 260 
 
 order for, effect of ... . .... .... .... .... 260 
 
 person over 21, how admitted .... .... . .... »261 
 
 Expense of, defrayed by Province .... .... .... .... . 260 
 
 municipality .... .... .... .... 260 
 
 town or city .... .... .... .... 261 
 
 Halifax school for the blind ; admission to, how obtained 260 
 
 managers of, report semi-annually to the council 
 
 of public instruction .... 261 
 to receive |60 for each pupil from 
 
 Province 260 
 
 to receive $60 for each pupil from 
 
 municipality .... .... 260 
 
 to receive $60 for each pupil from 
 
 .town or city. .... 261 
 
 Provincial Secretary, ex' officio, member of board' of managers .... .... 261 
 
 Superintendent of education to apportion county funds for payment to managers 261 
 
 EDUCATION OF DEAF OR DEAF MUTE PERSONS 258 
 
 Acts of 1874, Chapter 7, repealed 260 
 
 Admission to Halifax institution for deaf and dumb : how obtained .... 258 
 
 subject to regulations . . 258 
 
 terms of admission . 258, 259 
 
 Expense of, deft ay ed by Province, municipalities, and incorporated towns. ... 259 
 
 Halifax institution for the deaf and dumb : admission to, how obtained . . 258 
 
 directors of, report semi-annually 
 to council of public in- 
 struction .... .... 259 
 
 directors of to receive |60 annually 
 for each pupil from Pro- 
 
 yince 259( 
 
GENERAL INDEX. 1819 
 
 EDUCATION OF DEAF OR DEAF MUTE PERSONS-Continned. page 
 
 Halifax Institution for the deaf and dumb ; directors of to receive $60 annually 
 
 for each pupil from muni- 
 cipality .... .... 259 
 
 directors of to receive $60 annually 
 for each pupil from town ' 
 or city .... .... 259 
 
 Provincial Secretary, ex officio, director ot. .... .... .... .... 259 
 
 Superintendent of education to apportion county funds for payment to. . . 259 
 
 Ejectment. Bee Lands, Sale of mulcr Execution. . 1253 
 
 Lands, Sale of linden- Foreclosure .... . .... .... 1247 
 
 Supreme Court and Procedure therein .... .... .... Index 
 
 Election Law. See Railways, Municipal Aid, ^c . . . . .... .... 422 
 
 ELECTION OF MEMBERS OF HOUSE OF ASSEMBLY 15 
 
 Agent of candidate ; appointment of .... .... .... . .... 26 
 
 may vote where acting ... 30 
 
 nomination of .... .... .... . .... 26 
 
 only one allowed each candidate. . .... .... 40 
 
 sworn to secrecy before opening of poll .... .... 30 
 
 to maintain secrecy of voting .... .... 30 
 
 Aldermen in Halifax appointed to revise lists of voters .... 15 
 
 Assessment roll ; delivered to revisors, what to shew. .. .... .... 16, 17 
 
 form of .... .... .... .... .... .... 16 
 
 time for delivery of (Jan. 20) .... .... .... 16 
 
 Assessors ; deliver assessment roll to revisors .... .... .... ... .16, 17 
 
 neglecting to deliver assessment roll, and penalty therefor 19 
 
 Ballot ; voting shall be by .... .... .... .... .... .... 24 
 
 Ballot boxes ; construction and control of ... . .... .... 24 
 
 cost of, paid by Provincial Government .... .... 24 
 
 exhibited open before commencement of poll .... .... 26 
 
 furnished to each presiding officer by sheriff. . .... .... 24 
 
 locked during holding of poll. ... .... 26 
 
 presiding officer to provide on sheriff's default .... .... 25 
 
 returned personally by presiding officer to sheriff. 33, 34 
 
 shut, locked and sealed by poll clerk after the ballots are 
 
 counted and returned to it . .... 33 
 
 Ballot papers ; contents of . . . .... .... .... 25 
 
 ' ' declined " or taken from polling place .... .... 28 
 
 form of ... . .... .... .... 42 
 
 furnished by sheriff to presiding officers 25 
 
 marking and depositing .... .... 28 
 
 form of.. .... .... ... 41 
 
 not to be taken from polling place by voter .... 28 
 
 re-placed in ballot box after the count .... 33 
 
 returns of to sheriff ... .... .... .... 33, 34 
 
 sheriff' to keep record of . . . .... ..... - • ■ • • • • ■ 25 
 
 spoiled and " cancelled " . . '. . .... .... 29, 34 
 
 stamped with sheriff's official seal . . .... .... .... 38 
 
 statement concerning, returned to sheriff .... .... 34 
 
 unused and spoiled returned to sheriff in sealed package 34 
 
 Candidate ; clerk of, oath of . .... .... .... .... 26 
 
 declaration of qualification of, .... . — .... .... 23 
 
 fee paid by, how disposed of ... . .... .... .... 23 
 
 ' may poll his vote in any district of county .... .... .... 30 
 
 prosecute within six months for penalties .... .... 37 
 
 name must be duly entered and stand in sheriffs record book. ...22, 23 
 
 pays 8100 oh his nomination .... .... .... 22, 23 
 
 proposal of . .... .... .... .... 22 
 
 qualification of . . .... .... .... .... .... 23 
 
 return of declared by sheriff. . .... .... .... 35 
 
 withdrawal of . . . .... .... .... .... .... 23 
 
 Compartment for voting ; how constructed .... .... .... .... 25 
 
 only one — a voter — allowed in at any one time . 28 
 
1320 GENERAL INDEX. 
 
 ELECTION OP MEMBERS OF HOUSE OP ASSEMBLT-Continued. page 
 
 Corporation ; members of cannot vote in respect of corporate property 18 
 
 Declaration of inability to read, &c. , by voter . . • ■ - 2» 
 
 form of 4^ 
 
 qualification by candidate .... 23 
 
 Demand of poll, sheriff s duties on .... .... .... • ■ • • • ■ • ■ 24, 20 
 
 Directions to voters ; form of .... ■ ■ • ■ . ■ ' • • ^*'' ^1 
 
 to be delivered to presiding officers by sheriff 24 
 
 placarded in and about polling place 26 
 
 Disqualification of certain persons to vote . .... .... • • • • • • • • 31 
 
 Election ; not invalidated by mistake or non-compliance 4^ 
 
 ten days' notice of ... . .... .... .... • • ■ • • ■ • '"O, 21 
 
 \vrit3 for . .... .... .... .... ' . . . . . . - • 20 
 
 Electors. See Voter .... 
 
 Firms ; wiien each member of may vote .... .... .... • ■ . ■ '° 
 
 Halifax city ; aldermen of, appointed re visors . .... .... • ■ . . 15, 20 
 
 clerk of, duties of under chapter 16 
 
 council of may regulate revisal of lists ... ■ ■ ■ ; . ^ 
 
 list of electors in signed by mayor and filed with municipal 
 
 clerk ". 20 
 
 one revisal section .... .... .... .... . • • ■ '5 
 
 register of voters in .... .... .... • • . • . • . • 20 
 
 Incorporated towns ; list of electors in, how revised, &c .... 20 
 
 register of electors in ... . .... 20 
 
 Inspector ; appointment of by presiding officer . .... ... 26 
 
 may vote where acting 30 
 
 sworn to maintain secrecy of voting .... .... .... .... 30 
 
 Justice of the peace may swear presiding officer, poll clerks, &c. . .... 26, 30 
 
 presiding ofEccrs, &c., to have powers of, to preserve the 
 
 peace .... .... .... .... .... 39 
 
 List of electors ; contents of, and how and when posted 17 
 
 corrected, what to contain .... .... .... IS 
 
 in incorporated towns, &c . . . . .... .... ... 20 
 
 list of names proposed to be added to or struck off list of 
 
 electors .... .... .... .... .... 17 
 
 non-resident electors .... .... .... .... 19 
 
 notice of meeting to revise list ... . . — .... ... 17 
 
 to be alphabetically arranged. .... .... .... 18 
 
 List of names proposed to be added to or struck off list of electors ... 17 
 
 Materials for election furnished by sheriff .... .... .... .... 25 
 
 Meaning of terms in chapter .... .... . .... ... . • - - 40 
 
 Municipal clerk ; entitled to get particulars of polling divisions from sheriff 16 
 
 to furnish assessors with particulars of polling divisions. ... 16 
 
 receive lists of electors in Halifax city and in incorporated 
 
 towns ... .... .... .... .... 20 
 
 Municipal council, to lay off revisal sections .... .... .... .... 15 
 
 Notice of meeting to revise list of electors .... .... 17 
 
 Oath ; revisors may administer to witness before them .... .... .... 19 
 
 to be administered to non-resident voter .... 31 
 
 presiding officer, poll clerk, agents, &c. 26, 30, 42 
 
 Oaths of qualification, which may be administered to voters. ... 31, 32 
 
 refusal to take, effect of . . . .... .... .... 32 
 
 Offences and penalties .... .... .... .... . .... 36-38 
 
 Paupers, names of not to appear on list of voters . . .... .... .... 18 
 
 Penalties, against assessors for not delivering list to revisors .... 19 
 
 officers and agents for divulging information obtained at 
 
 polling place as to voting .... .... .... 30 
 
 sheriff for not giving receipt for candidates" fees .... 23 
 
 Penalties and oflfences ... .... .... .... 36-38 
 
 Poll closes at 5 P. M .... .... 26 
 
 demand of, sheriff's duties on .... .... .... ....24,25 
 
 when unnecessary . . .... .... .... .... 22 
 
 opens at 8 A. M 26 
 
 proceedings at during day 26-32 
 
GENERAL INDEX. 1321- 
 
 ELECTION OF MESIBEBS OF HOUSE OF ASSEMBLY-Continued. page 
 
 Poll ; proceedings at close of 32-34 
 
 Poll book ; names and oaths of agents, &o., to be entered in 26 
 
 of blind, &c. , voters, how entered 29 
 
 other voters, how and when made 26, 27 
 
 prepared and supplied by sheriff 24, 25 
 
 return of votes to be made in, and signed 33 
 
 to the precept to be made in ... . 33 
 
 sealed, with ballot box key enclosed, by poll clerk, and delivered 
 
 to presiding officer .... .... 33 
 
 to be delivered back to sheriff by the presiding officer personally 
 
 if possible . . .... 34 
 
 Poll clerk ; appointment of . . 24 
 
 death or incapacity of 39 
 
 may vote where acting .... 30 
 
 oath of office, and how administered .... 26 
 
 sworn to secrecy before opening of poll .... 30 
 
 to close, lock, and seal ballot box, with ballots therein, after the 
 
 count .... .... .... .... 33 
 
 sign retain in poll book .... 33 
 
 seal poll book, with key of ballot box therein, and deliver same 
 
 to presiding officer, taking receipt. . . 33 
 
 Polling not to be interrupted .... .... 28 
 
 Polling division ; one for each 200 voters. . .... .... 15 
 
 sheriff may divide districts . . .... 18 
 
 ^effect of such division. . .... .... .... 16 
 
 — to be co-tei'minous with sub-divisions of Dominion 
 
 electoral districts .... 16 
 
 sheriff to furnish municipal clerk with particular.s of dis- 
 tricts divided .... .... 16 
 
 Polling places ; additional may be granted by sheriff 16 
 
 compartment of, voter to be alone in . . , 28 
 
 fixed by sheriff. . .... .... .... .... .... 16 
 
 how constructed by sheriff 25 
 
 notice of location of .... 25 
 
 who may be present in 29, .SO 
 
 Presiding officer ; appointment of .... .... .... .... . 24 
 
 appoints inspector, agent, &c .... .... 26 
 
 death or incapacity of . . .... .... .... .... 38 
 
 duty to person claiming to vote when a vote has already 
 
 been cast under same name .... .... 29 
 
 entries by, concerning ballot papers "declined" or taken 
 
 away by voter .... .... .... .... 28 
 
 has, on election day, powers of J. P. as to preserving the 
 
 peace .... .... .... .... .... 39 
 
 may call to his assistance constables, &e. 30 
 
 give voter new ballot paper for ballot inadvertently 
 
 spoiled .... .... .... 29 
 
 mark ballot of voter who declares he is blind, unable 
 
 to read, &c .... 29 
 
 vote where acting 30 
 
 meaning of term .... 40 
 
 not to receive votes for any but candidates duly nominated, 
 
 &c 23 
 
 oath of office, and how administered .... ' 26 
 
 secrecy, before opening poll. . .... 30 
 
 after close of poll .... .... 33 
 
 offences and penalties .... .... .... .... 36 
 
 opening poll, reads precept aloud and declares candidates' 
 
 names .... .... .... .... .... 26 
 
 penalties and offences .... 36 
 
 proceedings of, after close of poll 32-,34 
 
 on opening poll .... .... 26 
 
 taking a vote .... ; 27,28 
 
1322 GENERAL INDEX. 
 
 ELECTION OF MEMBEKS OF HOUSE OP ASSEMBLY— Continued. pare 
 
 Presiding officer ; register of voters, supplied to, by sheriff .... 20 
 
 returns of, in poll book .... .... • . • • • • • • 3.3 
 
 regarding ballot papers . . .... • • • • 34 
 
 sherifiF may be, without precept. . .... • ■ ■ • • . • • 24 
 
 to count votes at close of poll .... . • . • 32, .33 
 
 declare state of poll after the count . . .... • • • . 33 
 
 deliver personally the box and book to sheriff .... 33, 34 
 
 direct voters to proper booth. .... .... .... 26, 27 
 
 endorse "rejected" on any ballot rejected as void ... 33 
 
 exhibit open ballot box before taking votes 26 
 
 placard printed directions to voters in and about polling 
 
 place .... .... .... . . • ■ • • • • 26 
 
 prevent interruption of polling . . .... .... 2a 
 
 provide ballot box on sheriff's default. . .... 25 
 
 return used ballot papers after the count to ballot box 33 
 
 unused and spoiled ballot papers to sheriff in 
 
 sealed package .... .... ... 29, 34 
 
 see that only one ballot is deposited by voter . . 28 
 
 Proceedings ; after close of poll . . .... .... .... .... .... 32-34 
 
 at sheriff's court 21-23,34,35,39 
 
 on opening poll .... .... .... .... ... . • • • 26 
 
 taking a vote .... .... .... .... .... ■ • ■ . 27 
 
 to add or strike off names on list of voters. . . — .... 17-19 
 
 Quakers may affirm .... .... .... .... • ■ ■ • 32 
 
 Qualification, candidates' — declaration .... .... 23 
 
 voters' — oaths, &c.. .... .... .... ... 18, 31, 32 
 
 Recount, may be requested by any candidate, and proceedings thereon . . 35 
 
 Register of voters .... .... .... .... .... 15-20 
 
 copy of furnished each presiding officer .... 20 
 
 expense of preparing, how paid .... .... .... 20 
 
 how made up and signed . . .... .... .... 19 
 
 in Halifax city and in incorporated towns .... .... 20 
 
 none made in any year, last made to be the register . . 19 
 
 Revisal sections ; existing to continue .... .... 15 
 
 how laid off .... 15 
 
 what to constitute single section. . .... 15 
 
 Revisors ; appointment of . .... .... .... .... .... 15 
 
 in Halifax city, aldermen to be .... .... .... . . ..15, 20 
 
 notices of meetings of court of ... . .... .... .... 17 
 
 oath of office. .... .... .... .... .... 15, 40 
 
 power of to summon, swear, and examine witnesses.. .... 19 
 
 to meet on April 2, to revise list of electors .... .... 17 
 
 prepare and post list of electors before March 1 . . .... 17 
 
 send list of electors to municipal clerk before April 20.. .... 18 
 
 Scrutiny, demand of, when made .... .... .... .... . . , . 34 
 
 Secrecy of voting to be maintained by clerks, &c . . .... .... .... .30 
 
 voter privileged to maintain, if he voted legally .... 40 
 
 Sheriff ; court of, and proceedings thereat . . . 21-23, 34, 35, .39 
 
 duties on demand of poll .... .... .... 24, 25 
 
 duty of as to polling places .... .... 25 
 
 expenses of in preparing register of voters .... .... .... 20 
 
 has at his court powers of J. P. as to preserving the peace . . .... 39 
 
 may adjourn court awaiting returns. . .... .... .... 34 
 
 meaning of term in chapter .... .... .... .... .... 40 
 
 not to hold political meeting on nomination day .... .... 21 
 
 oath of at opening of court .... .... .... .... .... 21 
 
 offences and penalties .... .... .... .... .... 36 
 
 official seal of, to be on ballot papers .... .... .... 38 
 
 penalties against .... .... .... .... 23, .36 
 
 remuneration of .... 39 
 
 seal of, to be stamped on ballot papers .... .... .... 38 
 
 shall give receipt to candidate for fee, and effect of the same .... 23 
 
 recount ballots when rec^uested by candidate .... .... 33 
 
GENERAL INDEX. 1323 
 
 ELECTION OF MEMBERS OF HOUSE OP ASSEMBLY-Contlnued. page 
 
 Sherifif shall vote in case of a tie .... .... 35 
 
 24 
 34, 35 
 21 
 25 
 16 
 24 
 25 
 . 25 
 
 to appoint presiding officers and poll clerks. ... .... 
 
 declare state of poll from poll books ... 
 
 endorse date of receipt of writ for election .... 
 
 erase candidate's name after withdrawal .... .... 
 
 fix polling stations .... .... .... 
 
 furnish each presiding oiScer with ballot box 
 
 ballot papers 
 
 materials for marking ballots 
 
 poll book .... 25 
 
 ^ printed instructions to voters, 24 
 
 register of voters .... 20, 24, 25 
 Provincial Secretary attested account of expenses of 
 
 election .... .... .... 23 
 
 give notice of holding his court, &c 21 
 
 location of booths, &c. . . 25 
 
 keep account of ballot papers furnished 25 
 
 make up, sign, and deposit with municipal clerk the register of 
 
 voters .... 19 
 
 provide ballot boxes, &o. . . .... 24 
 
 Tenants, yearly, when they may vote IS 
 
 Terms used in chapter, meaning of. . . .... 40 
 
 Tie- vote, sheriff gives casting vote in case of .... 35 
 
 Time ; for delivery of assessment roll to revisors ( Jan'y 20) 16 
 
 preparing and posting list o< electors (Mar. 1) . , . . .... 17 
 
 giving notice of names proposed to be added to or struck ofif list 
 
 (Mar. 15) _ 17 
 
 posting list of names proposed to be added to or struck off list 
 
 (Mar. 20) 17 
 
 meeting of revisors to revise list (April 2) . . . 17 
 
 sending list of voters to municipal clerk (April 20) 18 
 
 opening and closing poll ... .... .... .... .... 26 
 
 supplying ballot boxes, &c., to presiding officers, 24 hours before 
 
 poll 24,25 
 
 Voter ; blind or unable to read, &c. . . 29 
 
 claiming to vote when person has already voted under same name 
 
 on list 29 
 
 non-resident, may vote in any district where qualified . . 31 
 
 not compellable to divulge for whom he legally voted 40 
 
 to be interfered with in voting ' .... 30 
 
 oaths^may be administered to, forms of ... 31, 32 
 
 . refusal to take, effect of 32 
 
 persons disqualified from being voters 31 
 
 qualifications of .... .... .... ....18,31,32 
 
 to state name on entering polling booth 27 
 
 vote only once the same day .... 31 
 
 where to vote ... .... .... 31 
 
 Voters, register of . . 15-20 
 
 (See Register of Voters). 
 
 Votes, how taken .... .... ... 27, 28 
 
 shall be by ballot 24 
 
 Voting ; secrecy of, to be maintained by presiding officers, agents, clerks, &c 30 
 
 voter's privilege as to .... .... • • ■ • . ■ • • ■ ■ • ■ ■ ^^ 
 
 Witness ; brought to revisors court on summons — penalties, fees 19 
 
 privilege of voter called as, as to his vote 40 
 
 Writs of election ; contents of . . , .... 20 
 
 how and when sent sheriff. 20 
 
 when returnable .... 20 
 
 Yearly tenants ; when they may vote .... 18 
 
 Election OF Municipal CouNCiLLOKS. See County Incorporatioria ,,,, .... 426 
 
1324 
 
 GENERAL INDEX. 
 
 PASg 
 
 HOUSE OP 
 
 43-65. 
 
 64 
 
 64 
 
 61,62,64 
 58 
 
 ELECTIONS, CONTROVERTED, OP MEMBERS OF 
 ASSEMBLY; AND CORRUPT PRACTICES 
 
 Actions ; declarations in. .... .... . ■ • . 
 
 limitation of .... .... .... .... ■ ■ ■ ■ 
 
 Affidavit on production of documents, and form of. 
 
 Agent ; death or incapacity of .... .... .... . . • ■ 
 
 election expenses to be paid by . . . .... ... 
 
 liable to pay costs of election petition in certain cases . . 
 
 name and address of, to be published by sheriff 
 
 sheriff or presiding officer cannot be .... .... 
 
 Attorney-at-law may practise in cases of election petition 
 
 Bribery .... .... .... • • • • 
 
 Candidate ; election expenses to be paid only through agent . . . . 
 
 engaging agent formerly guilty of corrupt practices 
 
 guilty of corrupt practice .... ■ • • • 
 
 not to furnish refreshments, flags, ribbons, drink. Sec, to voters, 53, 
 induce personation .... .... .... ■ . • ■ 
 
 Chapter, how cited .... .... .... . — .... .... • • ■ • 
 
 Contract, executory, depending on election, void. , . .... 
 
 Corrupt practices ; bribery . . .... .... .... .... • • ■ ■ 55-57 
 
 candidate, guilty of, disabled, &c .... .... 51 
 
 elector, guilty of, vote of, void .... ■ • • • . ^^ 
 
 furnishing drink, flags, ribbons, &;c., to electors during 
 
 election .... .... .... .... .... 53 
 
 giving or selling intoxicating liquors on election day . 54 
 
 hiring or promising to pay for teams. &c., to convey 
 
 voters .... ... 54, 55 
 
 inducing personation .... 55, 57 
 
 meaning of term in chapter ... .... .... ... 43, 57 
 
 penalties against . .... .... .... .... 54-57 
 
 person (not candidate) guilty of 51 
 
 threatening voters .... .... 56, 57 
 
 treating .... .... ... 54, 57 
 
 undue influence . . . .... . .... 56, 57 
 
 57,58 
 
 63 
 
 58 
 
 . 59 
 
 53 
 
 .55-57 
 
 57, 58 
 
 . 57 
 
 . 51 
 
 54 
 
 55 
 
 64 
 
 57 
 
 Costs ; agent liable for, in certain cases. ... .... .... .... 
 
 how taxed and collected .... .... .... 
 
 of prosecution or defence in case of penalties 
 
 recognizance for, given by prosecutor . . .... .... .... 
 
 security for on presentment of election petition .... .... .... 
 
 when petition withdrawn or abated .... .... .... .... 
 
 Court, The, may make general rules for carrying out provisions of this chapter, 
 means the Supreme Court .... .... .... .-. . . 
 
 question of law reserved for . . .... .... .... 
 
 the judges of, to select judge for trial of election petition 
 
 Definition of terms used in chapter .... .... .... .... 
 
 Depositions, of parties to election petition, how taken and used .... 
 
 original to be filed .... .... .... .... .... 
 
 Documents, production of ; affidavit on . . . 
 
 rule for . . .... .... .... 
 
 Election ; meaning of, in chapter .... .... .... .... 
 
 not to be questioned except under provisions of this chapter. . . 
 Election petition ; abated by death of sole petitioner .... .... 
 
 by whom signed, &c .... .... .... 
 
 complaining of no return may be presented .... 
 costs of, payable by agent in certain cases .... .... 
 
 security for, on presentment 
 
 forms and contents of .... 
 
 notice of, to respondents .... .... .... 
 
 presented, when, how, and by whom .... .... 
 
 publication of, by sheriff .... .... .... 
 
 security on presentment of, . .... .... 
 
 service of ... . .... .... .... .... 
 
 substituted petitioner .... 
 
 50, 
 
 63 
 51 
 63 
 63 
 44 
 49 
 47 
 43 
 
 . . . 45, 46 
 45 
 
 .... 43 
 
 . . . 60, 61 
 60 
 
 61, 62, 64 
 61, 62 
 
 .... 43 
 52 
 
 .... 49 
 44 
 
 . . . . 52 
 63 
 
 .... 44 
 47 
 
 ....44, 45 
 43,44 
 
 .... 44 
 44 
 
 .... 47 
 49 
 
GENERAL INDEX. 
 
 1325 
 
 ELECTIONS, CONTROVERTED, OF MEMBERS OP HOUSE OF 
 ASSEMBLY; AND CORRUPT PRACTICES— Continued. 
 
 Election petition ; special case may be made of . .... .... .... 
 
 trial, adjournment of .... .... . .... 
 
 by a judge selected by the judges of the Supreme Court 
 
 decision, &c. , of judge at close of . . .... 
 
 evidence of corrupt practice when receivable 
 
 judges' authority at .... 
 
 report after . . 
 
 manner of .... 
 
 notice of ... . .... 
 
 place of . . .... 
 
 postponement of during session of Legislature when 
 respondent's presence required .... 
 
 report of, by the judge . . 
 
 time of .... .... .... .... .... 
 
 when House prorogued. ... .... .... .... 
 
 respondent accepts office of profit under Crown 
 two or more petitions concerning same matter dealt with 
 
 as one petition .... .... 
 
 two or more respondents may be included in one petition 
 withdrawal of ... . .... 
 
 Elector, guilty of corrupt practice .... .... 
 
 Examination ; attendance of party, how secured 
 
 in prison 
 
 , notice of, to opposite party .... 
 of any party to petition may be had. 
 candidate for whom seat is claimed 
 
 oral, how conducted, &c. . . 
 
 production of documents, at ... . 
 Executory contract, when void under chapter 
 
 46, 
 
 PAGE 
 
 46 
 
 45 
 
 45 
 
 45 
 
 47 
 
 . 48 
 
 45, 46 
 
 45, sqq 
 
 45 
 
 . 45 
 
 62 
 45 
 62 
 
 47 
 47 
 
 47 
 47 
 49 
 
 .... 51 
 60, 61 
 
 .... 61 
 61 
 
 .... 59 
 60 
 
 ....60, 61 
 .61, 62, 64 
 
 .... 67 
 
 48, 
 
 Expenses of election ; agent previously appointed to pay .... .... 57, 58 
 
 bills to be sent in within one month after declaration 
 
 day 
 
 , statement of, incurred by candidate, to be published 
 
 Expenses of judge and of sheriflF. . .... .... .... .... .. 
 
 House of Assembly may make order on special report of the judge 
 
 Interpretation of terms used in chapter. ... 
 
 Intimidation of voters 
 
 Judge ; authority and jurisdiction of on trial of election petition .... 
 
 expenses of . .... 
 
 how selected to try election petition .... . .... 
 
 may direct proceedings against guilty candidate .... 
 
 reserve questions of law .... .... .... .... 
 
 report of . . . .... .... .... 
 
 special report of. .... 
 
 Notices ; mode of giving, when not specially provided for .... 
 
 of examination .... .... .... 
 
 trial of election petition . . .... .... 
 
 Penalties ; action for, declaration in .... .... 
 
 limitation of . . . .... 
 
 costs of prosecution or defence, how paid .... 
 
 for bribery .... 
 
 inducing personation .... 
 
 providing refreshments, &c .... .... 
 
 teams, &c .... .... 
 
 , recovery of .... .... .... .... .... 
 
 when none specially provided . . .... 
 
 " Personal expenses " ; candidate may himself pay 
 
 meaning of in chapter .... .... 
 
 Personation ; compelling or inducing . 
 
 Petition. See Election Petition . .... .... .... 
 
 Petitioner ; death of sole .... 
 
 56. 
 
 . 58 
 58, 59 
 . 48 
 46 
 43 
 57 
 48 
 48 
 45 
 62 
 46 
 45 
 46 
 59 
 61 
 45 
 64 
 64 
 63 
 56 
 56 
 54 
 55 
 63 
 63 
 67 
 69 
 56 
 
1326 
 
 GENERAL INDEX. 
 
 59) 61 
 49 
 59 
 57 
 64 
 62 
 
 61, 
 
 .56, 
 
 ELECTIONS, CONTROVERTED, OF MEMBERS OF ItOUSE Ot 
 ASSEWBLY; AND CORRUPT PRACTfCES-Contiuueil. 
 
 Petitioner ; may be examined after election petition at issue .... 
 
 substituted .... .... .... 
 
 Presiding officer not to act as agent .... .... .... ... 
 
 Privilegr., none on ground that answer may tend to criminate witness . 
 Production of documents ; affidavit on, form of . . . . .... .... 
 
 rule for, &c .... .... 
 
 Provincial Secretary to direct proceeding according to reports of judge, and 
 -J report to the House .... .... .... .... .... .... 
 
 Refreshments, &c. , not to be furnished by candidates, &c. , to electors .... 53, 54, 
 
 Respondent ; death of, effect of . . .... .... .... .... 
 
 may be examined after election petition at issue . . .... 
 
 give evidence against person for whom seat is claimed .... 
 
 not opposing petition, and giving notice thereof, proceedings 
 thereon .... .... .... .... .... 
 
 sherifiF complained of in petition deemed a respondent. . . . 
 
 when court may appoint person to oppose petition as respondent 
 Returning officer refusing to return person entitled .... 
 
 Rule for production of documents .... .... 
 
 Rules of court j existing continued. ... .... .... 
 
 may be made by Supreme Court ... .... 
 
 meaning of the term in chapter .... 
 
 to be laid before the House .... .... 
 
 published in Royal Gazette .... 
 
 Sherift complained of in election petition deemed a respondent 
 notices to be given by, how given .... .... 
 
 not to act as agent .... .... .... 
 
 Substituted petitioner. .... .... .... 
 
 Terms used in chapter, meaning of . . . .... 
 
 Threatening violence or other injury to voters .... 
 
 Time, reckoning of, as in other cases. . .... 
 
 Title of chapter. .... .... .... .... 
 
 Undue influence .... .... .... .... 
 
 Withdrawal of election petition . . .... .... 
 
 Witness ; attendance of compelled by order of judge 
 
 fees of . . . . .... .... .... .... .... .... 
 
 in prison, how brought before examiner . .... .... 
 
 may be examined by judge though not called .... .... 
 
 not privileged on ground that answer may tend to criminate him 
 perjury of .... .... .... .... .... .... 
 
 refusing to attend or answer. ... .... .... .... 
 
 subpoenaed and sworn as in other cases .... .... .... 
 
 ELECTIONS, CONTROVERTED, OF MUNICIPAL AND TOWN COUN- 
 CILLORS ; AND CORRUPT PRACTICES 454 
 
 Appeal from every order and decision .... .... .... .... .... 465 
 
 Abatement of election petition .... .... .... .... .... 460 
 
 Candidate ; liability of for corrupt practices .... .... .... 464 
 
 meaning of term. .... .... .... .... .... 454 
 
 Certificate to be given by judge, on determination of election trial . .» .... 456-7 
 
 when cor- 
 rupt practices charged .... .... .... 457 
 
 Clerk ; duty of on t-eceipt of judge's report .... . , . . .... 457 
 
 Corrupt practices ; candidate employing person convicted of ... . .... 462 
 
 liability of frr .... .... 464 
 
 effect of, when candidate commits . . .... .... 461-2 
 
 elector commits . .... .... .... 462 
 
 prevention of, cab hiring prohibited .... .... 465 
 
 drink not to be furnished. .... .... 46.S 
 
 sold 464 
 
 flags not to be furnished .... 463-4 
 
 ribbons not to be furnished 464 
 
 punishment of in certain cases . .... .... .... 464 
 
 46 
 57 
 50 
 59-61 
 52 
 
 50 
 52 
 50 
 52 
 
 .61, 62 
 47, 48 
 
 .. 47 
 43 
 
 .. 47 
 47 
 
 .. 52 
 59 
 
 . . 59 
 49 
 43 
 57 
 52 
 64 
 56, 57 
 
 .48, 49 
 48 
 48 
 . 61 
 48 
 57 
 52 
 . 61 
 48 
 
GENERAL INDEX. 
 
 1327 
 
 ELECTIONS, CONTROVERTED, OR MUNICIPAL AND TOWN 
 CILLORS; AND CORRUPT PRACTIOES-Contiuued. 
 
 Costs ; borne by whom .... 
 
 limits of .... .... 
 
 taxed, how . , .... .... .... 
 
 security for, on presentment of petition . . 
 substitution of petitioner 
 
 when petition abated .... 
 
 Election ; how questioned, , . , . 
 
 Election petitions abated, how.. 
 
 bracketed, when , . .... 
 
 form of .... .... 
 
 presentment of, made by whom 
 how . 
 when 
 respondent, disability of. 
 
 notice to be given in certain events 
 two or more candidates may be .... 
 
 undue election, may give evidence of 
 rules may be made by judge as to 
 security on, amount of ... . 
 
 for what given .... 
 
 objections to. . 
 service of ... . .... .... 
 
 signed, by whom . .... 
 
 trial of, adjournment pf .... 
 
 held before whom . 
 judge's powers on .... 
 
 notice of necessary, 
 practice before rules made 
 
 who may at , . 
 proceedings on ... 
 what determined on 
 
 where to take place 
 
 withdrawal of, judge to report on . . .... 
 
 leave of judge or court required 
 petitioner liable for costs on . 
 when more than one petitioner 
 Judge ; powers of on trial of petition . .... .... .... 
 
 to give certificate on determination of trial 
 report on withdrawal of petition. , .. 
 
 when corrupt practices charged . . 
 
 Petitioner ; costs, when liable for .... 
 
 substitution of .... .... .... 
 
 substituted, when and how .... 
 
 security of .... . . , . 
 
 who may be ... . .... .... 
 
 Practice ; what before rules made .... .... 
 
 who may as to elections ... .... 
 
 Presiding officer, neglect of .... .... 
 
 Production of document, affidavit .... .... 
 
 Prosecuted ; meaning of term .... .... 
 
 Recognizance ; estreat of .... .... .... 
 
 Respondent ; death of, notice to be given .... 
 
 disability of .... .... . . . . _ 
 
 giving notice of non-contestation of petition 
 resigning , . .... .... 
 
 sheriff when deemed to bf , . . . 
 two or more candidates may be , , . 
 who may be admitted as .... 
 
 undue election may give evidence of. 
 Return may be compelled .... .... .... 
 
 petition complaining of no .... 
 
 Rules ; force and scope of . . . . .... .... 
 
 COUN- 
 
 PAGB 
 
 460-1 
 . 465 
 
 461 
 455-4, 456 
 459-60 
 . 460 
 
 46.S 
 . 460 
 
 457 
 . 457 
 
 455 
 . 455 
 
 455 
 . 460 
 
 460 
 
 457 
 
 463 
 . 458 
 
 456 
 . 455 
 
 456 
 . 457 
 
 455 
 . 456 
 
 456 
 . 458 
 
 456 
 . 458 
 
 463 
 . 457 
 456-7 
 . 456 
 
 460 
 . 459 
 459-60 
 , 460 
 
 458 
 .456-7 
 
 460 
 . 457 
 459-60 
 . 459 
 
 459 
 . 459 
 
 455 
 . 458 
 
 463 
 . 462 
 
 466 
 454-5 
 . 461 
 
 460 
 . 460 
 
 460 
 . 460 
 
 463 
 . 457 
 
 463 
 . 463 
 
 463 
 . 463 
 
 458 
 
1828 
 
 GENERAL INDEX. 
 
 ELECTIONS, CONTROVERTED, OR MUNICIPAL AND TOWN COUN- 
 CILLORS ; AND CORRUPT PRACTICES-Continned. paob 
 Rales judges of county courts may make .... .... ... - • - • • 458 
 
 to be submitted to legislature. .... .... 458 
 
 Rules of court ; meaning of term . .... .... .... • • . ■ - • • • 455 
 
 Security, amount of, &c.- .... .... 456 
 
 Sheriflf ; expenses incurred by .... .... . .... ■ . • . 438 
 
 when deemed a respondent .... .... ... . . • • 463 
 
 Supreme Court ; appeals to be to ... . .... .... . • ■ • .... 465 
 
 Terms ; meaning of ... . .... .... ... .... . • • • 454 
 
 Time ; reckoning of . .... .... .... 463 
 
 Withdrawal of petition ; consent of court or judge required. .... 459 
 
 notice of 459 
 
 Witnesses ; attendance, how compelled ... .... 458 
 
 examination of when not called ... .... .... .... 459 
 
 fees of .... 459 
 
 perjury of .... .... .... . .... .... 462 
 
 supcenaed and sworn, how .... .... 458 
 
 EtrcoUEAGEMENT OF Ageiccltcre. See AgriciUture, Encouragement of .... 298 
 
 Encroachments, &c. , on Roads. Public Grounds, Supervisors of. . 487 
 
 Road and Bridge Grants, <frc. . . 3.30 
 
 Roads, Preservation of ... . .... 342 
 
 Street, Commissioners of . . .... 348 
 
 Encumbrances, affecting Lands, Registry of. See Deeds, 4rc., Registry of 623 
 
 Endorsemrnt OF Payment. See Limitation of Actions ... . .... 1197 
 
 Engine men. See Fires and Firewards .... .... 495-6 
 
 England, Church OF. See Chm-ck of England 185 
 
 Entailed Estates. See Estates Tail 636 
 
 Entry and Detainee, forcible. See Forcible Entry, &c.. ... .... 1260 
 
 OF Causes. See Supreme Court, Procedure in . . .... 883-4 
 
 OF Judgment. m n n .... .... 901-3 
 
 ON Lands. See Limitation of Actions . . ^ . . . . .... .... .... 1198 
 
 Episcopal Corporations. See Religious Congregations, Sfc 194 
 
 Episcopalians. See Meeting Howies, Repairs of .... .... 196 
 
 Equity. See Supreme Court, and Procedure therein .... .... .... Index 
 
 Error. n i. n 869 
 
 in Registry. See Marriage, Solemnization of ... . .... 658 
 
 Escape. See Magistrates' Courts, Civil Procedure .... . .729-730 
 
 ESCHEATINGt LANDS FORFEITED TO THE CROWN 1261 
 
 Appearance and pleas, proceedings on .... .... .... .... 1261 
 
 Application Book : to be kept .... .... 1262 
 
 Applications for crown lands to rank according to priority .... 1262 
 
 Costs : crown and defendant entitled to . . 1261 
 
 Grant: including several lots, how forfeited. . . .... .... .... 1261 
 
 Granting of escheated lands .... .... 1262 
 
 In'juest: of office by whom to be filed .... .... .... ..., 1261 
 
 notice of , how given ... . .... .... .... .... 1261 
 
 may include several lots, but trials separate . . .... 1-261 
 
 Plea ." what confined to and only one allowed .... .... .... 1262 
 
 Tenant : penalty on for not giving information of notice to landlord , 1261 
 
 Estate. See Lunatics, Custody and Estates of .... .... .... 289 
 
 TO Two OR More. See Joint Tenancy, <tc .... .... 636 
 
 Undevised. See Descent of Real arid Personal Estate . . .... 646 
 
 Real and Personal. See Descent of Real and Personal Estate .... 643 
 
 Wills of Reed and Personal Estate .... .... 637 
 
 Estates and Custody of Lunatics. See Lunatics, Custody, <fcc 281 
 
 OF Deceased Persons. See Descent of Real and Personal Estate .... 643 
 
 Probate Court .... .... 697 
 
 Wills of Real and Persojial Estate 637 
 
 Tail 636 
 
 Estreat of Recognizance. See Elections, Controverted, of Municipal aud Town 
 
 Councillors.. .... .... .... .... .... .... .... 451 
 
GENERAL INDEX. 1329 
 
 PAGK 
 
 ESTREATS 1230 
 
 Affidavit, to be attached to roll . . .... .... .... . . 1231-2 
 
 Court : may order discharge of recognizance. . .... .... .... 1232 
 
 powers of with respect to estreats .... .... 1231 
 
 Discharge of person in custody on giving security. ... .... .... 1232 
 
 recognizance, court may order .... .... .... .... 1232 
 
 Estreats : powers of court as to .... .... .... .... .... 1231 
 
 Execution, writ of : form of .... .... .... . . 1233-4 
 
 prothonotary's duty to send to sheriff . . : . 12,30 
 
 return of , duty of sheriff on.. .... 1232 
 
 sale of lands under .... .... .... 1231 
 
 sheriff's authority under .... .... .... .. 1230-1 
 
 Fees of prothonotary .... .... .... .... .... 1233 
 
 Fines, &c. . court may order that sum, &c., be not levied 1231 
 
 imposed by Supreme Court and to be entered in roll, &c. .... 1230 
 
 Justices : duty of to return recognizances .... .... 1233 
 
 Lands taken, how advertised and sold . . .... .... .... .... 1231 
 
 not to "be sold within twelvemonths. .. . .... .... 1231 
 
 Prothonotary : duty to enter fines, &o., in rolls .... .... .... .... 1230 
 
 send roll and execution to sheriff .... 1230 
 
 fees of • 1233 
 
 to verify roll by affidavit . , .... .. 1231-2 
 
 Rolls : by whom and of what made . . .... .... .... .... 1230 
 
 copy of, &c., to be sent to Attorney-General .... .... 1232 
 
 how disposed of ... . .... .... .... .... .... 1230 
 
 prothonotary to verify by affidavit .... .... .... . . 1231-2 
 
 to be submitted to presiding judge ... . .... .... 1231 
 
 Sheriff: authority of under writ of execution .... .... .... .. 1230-1 
 
 duty of on retirrn of execution .... .... .... .... 1232 
 
 fees of 12.33 
 
 to advertise lands taken under execution .... .... .... 1231 
 
 pay over money received .... .... .... .... . . 1232-3 
 
 release from custody on security being given .... 1232 
 
 Evidence and Witnesses. iSee Supreme Court and Procedure therein. . . . . Index 
 
 Witnesses and Evidence .... 1 179 
 
 Examinations. See Barristers and Attorneys 1189 
 
 Lunatics, Custody, ^c .... .... .... 284-5 
 
 Witnesses and Evidence . . .... .... .... . 1179 
 
 Examiners, Boaed of. See Medicines and Drugs, Sale of.. 2G6 
 
 Mines and Minerals .... .... 70 
 
 Mines, Regulation of. .... .... 134-7 
 
 Pkovinciax. Public Instruction .... .... .... 219 
 
 ExcHEQTTEE AND SUPREME CoUKTS OF CANADA. See Supreme and Exchequer 
 
 Courts of Canada . , .... .... .... .... 1195 
 
 Exemptions. See Assessments, Municipal .... .... .... 468, 478, 480 
 
 Highway Labor ... .... .... .... .... 336 
 
 Juries .... .... . • . ■ ■ • • ■ • ■ ■ ■ .... 1 168 
 
 Execution. Arbitration .... .... .... . . ■ ■ .... 1219 
 
 County Courts .... .... •••• •■.. 1151 
 
 Magistrates' Courts ■ ■ . ■ .... .... . 728, sqq 
 
 ■ ProbateCourt 710,719 
 
 Bent, Distress for 1258 
 
 Supreme Court, ihc. ... Index 
 
 OF Wills. See Wills, dec .... .... .... 637 
 
 Sale of Land under. See Lands, Sah of under Execution 1249 
 
 Executive and Legislative Disabilities. See Legislature 7 
 
 Council, See Public Officers 155 
 
 Witnesses and Evidence .... .... .... .... 1182 
 
 Executors. See Probate Court 701, sqq 
 
 Public Work's, Subscriptions to 490 
 
 Bent, Distress for 1257 
 
 Supreme Court and Procedxife' therein .... ....Index 
 
 WilU, ic 637 
 
 ■ 85 
 
1330 
 
 GENKRAL InDEX. 
 
 PACK 
 EXECUTORS, ADMINISTRATORS, AND TRUSTEES, SUITS BY AND 
 
 AGAINST 1203 
 
 Action of debt on simple contr'act maintainable against , .... .•• 1205 
 
 trespass when maintainable against .... .... .... • • . . 1205 
 
 may be maintained by and how ' 206 
 
 Appointment of new trustee, by whom made .... .... . .... 1206 
 
 Authorized to invest funds, where. . . .... .... .... . 1206 
 
 Costs in removal, &c., of trustees, &c., how paid .. .... .... — . 1206 
 
 Executor neglecting to act need not be named in writ . . .... 1205-6 
 
 Legacy recoverable by action at law .... ; . . . .... 1 205 
 
 Legatee ; residuary may sue co-executor .... .... .... .... 1205 
 
 Limitation of actions to be bi'ought by or against. . .... .... .... 1205 
 
 New Trustee : appointment of how made .... .... .... .... 1206 
 
 Trustee, &c. : proceedings on petition of for discharge .... .... .... 1206 
 
 removal of, procedure on petition for. ... .... .... 1206 
 
 Executors, Administrators, &c. See Limitation of Actions .. . .... .... 1196 
 
 Witnesses and Evidence .... .... 1184 
 
 ■ 
 
 EXHIBITION AND INDUSTRIAL BUILDINGS 491 
 
 Application of chapter .... .... .... .... .... .... 492 
 
 Debentures ; f(frm of ... . .... .... .... .... .... .... 492 
 
 municipal council may issue .... .... . .... 492 
 
 Municipal Council ; authorized to assfess for costs of .... 491 
 
 borrow money for. . . .... .... 491 
 
 may issue debentures for money for .... .... .... 491 
 
 sell certain lands for exhibition purposes • .... 491-2 
 
 ExHlBiTiOKS, PtiBLic. See Public Exhibitions 522 
 
 Expenditure of Moneys. See Highway Labor 339-340 
 
 Road and Bridge Grants. See Road and Bridge Grants, ^c... 328 
 
 F. 
 
 See Accident, Compensation, ^-c. 
 
 Families. See Poor, Settlement, ^c. . 
 
 or Persons Killed by Accident. 
 
 FARMERS' CLUBS 
 
 Bureau of agriculture ; central board to be called 
 clubs to be established by .. 
 grant to be controlled by .... 
 papers for discussion, prepared by 
 results of discussion transmitted to 
 Clubs ; election of officers of, wlien to take place. ., 
 
 establishment of, by bureau of agriculture 
 
 fee for membership, regulated .... 
 formation of, how to be notitied .... 
 incorporated under such name as may be selected 
 
 government grant for, by whom controlled 
 
 meetings to be semi-annual or oftener .... 
 papers for consideration of, how prepai-ed .... 
 prizes for essays, may be oii'ered by .... 
 results of discussions of, transmitted, published, &c 
 
 schedule of form of declaration 
 
 statistics to be prepared and published by 
 transactions of to be recorded .... ... 
 
 Father. See Guardians and ]\ ards .... 
 
 Reputed. Hee Bastard Children, ^c. 
 
 Fees, ^ee Arbitration 
 
 Billf: of Sale, Secret, ^c ... 
 
 Gatile, Stray. 
 Coroners .... 
 
 Costs and Fees .... 
 
 268 
 1220 
 
 306 
 306 
 306 
 307 
 306 
 307 
 300 
 .TOO 
 306 
 306 
 307 
 307 
 307 
 306 
 307 
 
 306-7 
 307 
 306 
 300 
 687 
 272 
 1219 
 
 651-2 
 
 512 
 
 176 
 
 126? 
 
GENERAL INDEX. 1331 
 
 PAGE 
 
 jFees. S^e, Marriaqe, S!olewmr.at:ioir of 657-9 
 
 Proihonotan/, ^c .... . . , . ' . . . . ',...' 175 
 
 Public MxhililKjiin .... .... .... .... . _ , g22 
 
 Supreme Court and Prcccdure therein Index 
 
 Witvc'SseH atid Evidence. . .. .... ]]85 
 
 Various other Chapters. - 
 
 Female Practitioners. See Medicine and Surgery 204 
 
 ■Fences. See Common Fiddn .... . . . , .... . . ., . .... 3] g 
 
 ^ailiuiyi! .... ""....376^7, 408 
 
 Boada, certain Oreat,-§-c .,., .... .... .323 
 
 Heads, other than certain Oreat .... . . . , .... 327 
 
 SFE.NCES, AND I.MPODNDlSfi OF CATTLE 513 
 
 Appeal 5 from decision of justices ... . .... .... 514 
 
 judgment of fence viewers . . .... .... .... 515 
 
 Appraisement of damages, by cattle, &c., how ascertained ' 513 
 
 Cattle ; damage by, from whom recoverable, and how .... .... .... 513 
 
 how appraised, and notified . 513,514 
 
 impounded, sale of, under what circumstances .... .... ' 5)5 
 
 what fees payable to pound-keeper .... .... 51,5 
 
 owner of, liable for trespasses and damage by .... ,... ..515 516 
 
 Common law right of action, not impaired .... .... .... .... '516 
 
 Uamages ; by cattle, from wh«ra recoverable . ., . .... 5J3 
 
 how ascertained by appraisement ... .... .... 513 
 
 may be recovered by action, after notice .... .... .... 514 
 
 recoverable, if broken part of fence lawful. ., .... .... 5]6 
 
 Fences ; height of, and how to be constructed .... 513 
 
 partition, how to be erected, (fee .... .... .... 514 
 
 penalty for neglect after notice. . .... .... 514 
 
 sufficiency of, how to be determined . . .... .... .... 5] 4 
 
 Fence viewers ; appeal from judgment of .... .... 515 
 
 duty of, and fees payable therefor . .... .... 514 
 
 forfeiture for neglect of. .. .... .... .... 514 
 
 to declare what rivers, <&c., lawful fences .... 5:5 
 
 -Fines, for rescue and pound-breach, &c. ... .... .... .... .... 515 
 
 how recoverable and appropriated .... .... .... .... 515 
 
 Impounding of cattle, &c. ; in what cases . . .... .... .... 515 
 
 pound-keeper's duty thereon .... 515 
 
 Lands ; adjoining, obligation on owner of. .... .... .... .... 514 
 
 enclosed, cattle trespassing on may he impounded .... .... 515 
 
 title to not affected by certain sections .... .... .... .... 515 
 
 unimproved, owner not liable to fence. .... .... ..,, 515 
 
 Found-brt ach ; fine for how recovered and appropriated .... 51 .5 
 
 Pound-keeper; duties of when cattle impounded .... .... .... 515 
 
 fees of and how recovered. ... .... 515 
 
 notice to be given to owners of cattle. . . .... .... 515 
 
 Bailings, &c.,- on public grounds, and penalty for destroying .... .... 516 
 
 Kivers, creeks, &c. ; Avhen deemed lawful fences . ., . .... .... fll5 
 
 Unimproved lands ; owner not liable to fence .... . . ., .... . . ., 515 
 
 JPence-viewjbes. See Fences and Impounding 0/ Cattle .... 514-5 
 
 'FEBRIE8 353 
 
 . Ferries ; establiBhed and regulated by municipal council .... .... 353 
 
 Ferrymen ; appointment and duty of ... . .... 353 
 
 fees of, regulated by council .... .... .... .... 353 
 
 ■ ■ fine for neglect of -duty by. .. . .... .... .... 353 
 
 f orf eitiire for interference with .... .... 353 
 
 ' • ■ liable to action for damages ... .... .... .... .... 353 
 
 license to be granted to by council .... .... 353 
 
 'Ferries. See County Incorporations. ■■;... .... .... 445 
 
 Fields, CmtMoit.- ■ See Commoji Fields. . .. .... ' .... .... .... 313 
 
 Filiation, Order of. See Bastard Children, &c . ... 272 
 
1332 
 
 genJ;eal index. 
 
 PAOE 
 
 Final. Judgmen't. See Supreme Court and Procedure .... .... Index 
 
 SEnLEMENT. Probate Court .... .... .... 708-710 
 
 Fines. See Cattle, Stray 511 
 
 Fences and Impo^mding of Cattle . . .... .... 515 
 
 Juries .... 1174-5-6,1178 
 
 Library Associations, <fcc . . .... .... 608 
 
 Marriage, Solemnization of. . . .... .... .... .... 66 1 
 
 Medicine and Surgery .... .... .... .... 204 
 
 Public Exhibitions ... .... .... .... .... .... 522 
 
 Grounds, Siipervisors of, ... .... .... .... .... 487 
 
 Poods, Preservation of .... .... .... .... 342-3 
 
 Seioers, Dykes, <S;c .... . . 310 syq 
 
 Various other Chapters. 
 
 Fibb-Arms akd Fireworks. See Coanty Incorporations . . .... 445 
 
 Fire Constables. See Fires and Firewards .. .... .... .... .... 495 
 
 FIRE ESCAPES, BOARDS OF 500 
 
 Application of chapter .... .... .... .... .... 5C4 
 
 Arbitrators, appeal to, from board .... .... .... .... .... 500 
 
 fees of . . .... .... .... .... .... .... 504 
 
 Boards ; composition of . . .... .... .... .... .... .... 500 
 
 creation and constitution of . . .... .... .... .... 500 
 
 duties and powers of, to elect chairman annually . . .... .... 503 
 
 enter any building in discharge of duty.. 501 
 
 examine buildings and order fire escapes, &c. 500 
 exercise continued supervision of buildings 
 
 within jurisdiction .... 503 
 
 give particular attention to churches, dharita- 
 
 ble institutions, asylums, &.c 501 
 
 notify owners, in writing, of changes, &c., 
 
 required to be made in buildings 501-2 
 
 order alterations in fire-places, &c. . .... 501 
 
 fire escapes, &c. . .... .... 500 
 
 report annually to Provincial Government . . 503 
 
 jurisdictions of, defined .... .... 500 
 
 orders of, when deemed performed .... .... .... 501 
 
 remuneration of ... . .... .... .... .... .... 504 
 
 report of, annually to Provincial Government .... 503 
 
 Fire Escapes ; may be ordered by Board 500 
 
 to be kept in repair and painted .... .... .... 501 
 
 position, &c., of, how indicated .... .... .... 501 
 
 Forms, schedule of .... , . 504-607 
 
 Offences ; neglecting, after 60 days' notice, to perform orders of board . . 502 
 
 obstructing boards or members in their duties . . 502 
 
 penalties for, and recovery of .... .... .... 502-3 
 
 application of ... . .... .... .... .... 504 
 
 refusing access to buildings .... 502 
 
 separate, what deemed .... .... .... .... ... 502 
 
 Owners ; appeal by, from order of board .... .... .... 500 
 
 dispute of, with board, provisions as to. . .... . .500, 501 
 
 notice to, in writing, &c .... 501, 502 
 
 penalties on, for violating chapter .... 502 
 
 how applied . . 504 
 
 recovered .... .... bo2 
 
 when more than one .... .... 502 
 
 who deemed to be .... 602 
 
 Penalties ; application of ... . .... . . , , .... 504 
 
 costs of conviction f or . .... .... 503 
 
 distress for .... .... .... .... ... 603 
 
 imprisonment for .... .... 603 
 
 how recovered . . .... .... .... 502 
 
 Schedule of forms .... .... .... .... .... 504-507 
 
 Firemen. See Fires and Firewards .... .... .... .... 494-6 
 
GENERAL INDEX. 
 
 1333 
 
 FIRES AND FIREWARDS 
 
 Assessment for flre purposes, how to be made 
 
 property liable to * 
 
 Buildmgs ; admittcrce into may be demanded by firewarda . . . 
 
 iine for breaking open -Bithout authority 
 
 may be pulled down in certain cases .... 
 penalty for refusing firewards admittance into . . 
 Chimney sweepers ; appointed by firewards and licensed 
 
 bonds to be given by . .... 
 
 fine for neglect of duty by 
 
 Chimneys ; mode and time of sweeping regulated 
 
 penalty for neglect of regulations 
 
 City of Halifax ; origin of fires in, how investigated 
 
 Collectors ; appointment and duties of 
 
 forfeiture on for neglect of duty .... 
 
 moneys to be paid to municipal treasurer, &;c. 
 
 Engine men ; appointment and duties of 
 
 exempt from certain public duties .... 
 
 to have power of firewards in certain cases . . 
 
 vacancy in number of, how supplied .... 
 
 Fire constables ; appointment and duties of 
 
 penalty on for neglect of duty 
 
 Firemen ; appointment and duties of . , . 
 
 exempt from certain public duties 
 
 to exercise powers of firewards in certain cases . . 
 vacancy in number of, how supplied. .... 
 
 Firewards; appointment and duties of .... .... 
 
 chairman of, appointment and duties of . . . 
 
 definition of word when used in chapter 
 
 duties and powers of at fires defined .... 
 duty of, as regards supply of implements, &c , . 
 gunpowder may be seized by in certain cases 
 
 penalty for disobedience of orders of . . 
 
 power of, to enter buildings in certain cases 
 
 remove dangerous materials .... 
 
 regulations for sweepin'^ chimneys made by 
 Gunpowder; firewards may seize in certain cases. . .... 
 
 limitation as to quantity to be kept .... 
 
 penalty for extra quantity, how enforced 
 
 warrant to search for, and proceedings thereunder, 
 Implements, for fire purposes, how provided, &c. . . 
 
 numbering and safety of provided for . 
 
 penalty for destroying or injuring .... .... 
 
 Limits of towns for purposes of chapter how defined. . . ... 
 
 Municipal council ; powers and duties of as respects chapter 
 
 regulations respecting fires, &c., to be made 
 Penalties, how to be applied .... .... .... .... 
 
 Public wells, pumps, &c. , penalty for destroying or injuring .... 
 
 repairs of, how to be provided for .... .... 
 
 FIRES, PROTECTION OP WOODS AGAINST 
 
 Chapter ; how made known to employes .... 
 
 not to interfere with right of action for damages . . 
 provisions of, how enforced .... ... .... 
 
 " woods," meaning of, in .... .... .... 
 
 Damages ; chapter does not interfere with right of action for.. . . 
 
 double, for injury from lighting fires on another's land 
 &c . . .... .... . - ■ . .... 
 
 Duty of, all persons starting fires near woods for lawful purposes 
 engine drivers . . .... .... ... ... 
 
 justices, &c. , as to enforcing provisions of chapter .... 
 
 sheriffs, councillors, &c., as to burning woods .... 
 
 railway xiompanies .. 
 
 negligence, 
 
 . 493 
 
 49.5 
 . 495 
 
 497 
 . 494 
 
 49.3 
 . 497 
 
 496 
 . 496 
 
 496 
 . 497 
 
 497 
 . 499 
 
 495 
 . 495 
 
 495 
 . 495 
 
 496 
 . 496 
 
 496 
 . 495 
 
 495 
 . 494 
 
 496 
 . 495 
 
 496 
 . 493 
 
 499 
 . 499 
 
 493 
 . 494 
 
 498 
 .493-4 
 
 497 
 . 497 
 
 497 
 . 498 
 
 498 
 . 498 
 
 498 
 494, 499 
 
 494 
 
 494 
 
 493 
 493-5-8 
 
 498 
 
 499 
 
 498 
 
 507 
 
 508' 
 
 511 
 
 510 
 
 .511 
 
 511 
 
 508 
 507-S 
 509 
 510 
 508 
 509 
 
1334 
 
 GENERAL INDEX. 
 
 PAGE- 
 
 Fires, in or near woods, when may be lawfully started 507 
 
 ownership of land where originating, prima facie evidence that owner 
 
 set them . . : 508. 
 
 Interpretation clause ... . .... .... ... .... 511 
 
 Municipal council may make regulations for carrying out this chapter. ... 511' 
 
 neglect of, to make regulations, not to eflfeot chapter .... 5H 
 
 Owner, privia facie liable for damage done by fires originating on his land 508- 
 
 Penalties ; actions for, cef tain facts need not be proved in certain cases 509' 
 
 how broaght . , .... .... .... ... SIO* 
 
 limitation of, six months. .. . .... .... 510^ 
 
 application of .... 510" 
 
 defined and enumerated .... .... .... 509 
 
 imprisonment for non-payment of. . .... .... 510" 
 
 Precautions to be observed, as to fires, in certain cases i 
 
 clearing lands .... ..-. 50T 
 
 cooking, obtaining warmth, Sc . . . . ... .507-8 
 
 dropping lighted matches, lighted cigars, &c.. .508: 
 
 locomotive engines passing through woods, &c 509 
 woods or barrens, burning, duties of sheriffs, 
 
 councillors, justices, &c 508-9' 
 
 Woods J Imrnihg, duty of sheriff and coanty officers 
 
 meaning of term in chapter . 
 
 Fireworks. See Comity IncoTporatiorif! .... 
 Firms, Sureties to or for. See Partnerships. . 
 
 Fish. See Nuisance.^ .... .... 
 
 MARKET. See iVtt/'.sances. . ... 
 
 F1SHBRIE.S. See Rivers and Conveying of Timber 
 Folio, defined. See Statures, Promulyat.ion, ^c . . 
 
 FORCIBLE ENTRY AND DETAINER . . 
 
 Complaint to be tried summarily . ., . . . . _ 
 
 Court may award dama.i;cs, &c. . . .... 
 
 Possession; when to: be given . ... . 
 
 Warrant may be issued, when ... 
 
 when not to. issue . . 
 
 Foreclosure of MoRiG.A.(iE. S>se Supreme Ccn,:i and Procedure 
 Sale of Lands under. See Lands,. Sale of mide: 
 
 Foremen. See Juries .... 
 
 Road, and Bridge Grcmis, ^c 
 
 Forfeited Coal Mine. See Jlines and Minerals 
 
 Gold h „ „ 
 
 Lands, Esoheaxinc of. See Eseheatiiig, ^c. 
 Forfeiture, Partial. See Mines and Minerals . . 
 
 FoRJfEXTL res. See A-^se-i.tment'!, Municipal 
 
 (Jiiiipowder, Transportation, ^c. 
 
 Bighn-'j.y L/ihor ... .... 
 
 Nvimnces. ... .... .... 
 
 Poor, Settlemeni, ^c .... 
 
 Maibrays .... .... .... 
 
 Streets, Commissimiers of. ... 
 
 Various other ehapters. 
 Forms, ^ee Assessments, Mvnie.ipal .... ..... 
 
 Bastard Children, ire. . . .... .... 
 
 County Courts ..... .... . . . ^ 
 
 Groion Lands . . .... .... 
 
 Dower, Writ of ... . .... 
 
 Intoxicating Liquors, , <fcc-. .... .... 
 
 Juries .... .... .... .... 
 
 Lunaties, Custody, ^c. . . .... 
 
 Magistriite.s' Courts. .... .... 
 
 Mamage, Solemnization of .... .... 
 
 Mines and Minerals .... .... 
 
 Poor, Settlement, iL-c. . . . .... .... 
 
 therein . 
 
 'c Foreclosure 
 
 77-8, 
 
 ...5e8-9' 
 
 511 
 
 . . 445 
 
 61 9-- 
 
 ... 216; 
 
 216. 
 
 . . 519' 
 
 4 
 
 ... 1260> 
 
 1260. 
 
 .. 1260> 
 
 126a 
 
 .. 1260. 
 
 1260. 
 
 . . Index 
 
 1247 
 
 .. 1272: 
 
 330 
 
 .. 98-9 
 
 85-7 
 
 .... 1261 
 
 77 
 
 475, 477-8 
 
 517. 
 
 338-9, 340- 
 
 216. 
 
 .... 269 
 
 ....383-4, 405 
 
 ..349-351 
 
 482-5 
 
 ..274-280 
 
 1 165-6 
 
 .... 148-9 
 
 1237-8 
 
 .... 544-7 
 
 ..,.1171, 1178 
 
 ....294-7 
 
 . . . . 736-741 
 
 ..657-8-9 
 
 . ... 105-111 
 
 .... 27O1 
 
GENEEAL INDEX. 1335 
 
 PAGE 
 
 Forms. See Prolate Court 718-722 
 
 Statulv/s, Promulf/ation, <{:c. . > . . .... .... .... 4 
 
 •■ Summan/ Convictions and Orders by Justices of the Peace 766-708 
 
 Supreme Court and Proo'dure therein ' 979-1144 
 
 Various other chapters. 
 
 Fhaud. See Supreme Court and Procedure therein 850, 852 
 
 FRAUDS AND PERJURIES, PREVENTION OP 647 
 
 Actions; promise or agreement must be in writing, signed, &c., to sustain 
 actions charging : — 
 
 defendant to answer for the debt, default, &c., of another 647 
 
 executor, &c., to answer damages out of his own estate 647 
 
 person on agreement made upon consideration of marriage 647 
 
 not performable within one year .... 648 
 
 contract or sale of lands, &c. . . .... 647 
 
 promise made after full age to pay debt contracted in 
 
 infancy 648 
 
 ratification of promise or simple contract made during 
 
 infancy . . .... .... .... .... 648 
 
 representations as to character, credit, trade, &e., of 
 
 another .... .... .... .... .... 648 
 
 Agent must be authorized in writing to make written contract regarding 
 
 lands, &c .... .... .... .... .... 647 
 
 Assignments of trusts and interests in lands, &c. , how made .... .... 647 
 
 Consideration not appearing in a written confci-act does not invalidate it 648 
 
 Contracts ; consideration for, need not be in writing 648 
 
 for sale of goods, for the price of |40 or upwards, requirements to 
 
 be valid 648 
 
 for sale of goods to be delivered in the future 648 
 
 which must be in writing, &c., to sustain action 647-8 
 
 Goods ; contracts for sale of, provisions regarding .... .... .... 648 
 
 Lands; estates, &c. , in, estates at will only, if created verbally or by 
 
 insufficient writing. . .... .... .... .... .... 647 
 
 leases of, for upwarils of three years, not in writing, &c., create 
 
 tenancies at will only . . .... .... .... .... 647 
 
 trusts in, assignment of, not valid unless in writing, &c 647 
 
 declaration of, " " " . " .... 647 
 
 Leases, for upwards of three years, how made .... .... .... .... 647 
 
 not exceeding the term of three years, when binding. ... . 647 
 
 Mining areas, &c. ; estates, &c., in, estates at will only, if created verbally or 
 
 by insufficient writing .... .... .... .... 647 
 
 leases of, for upwards of three years, not in writing, &c. , 
 
 create tenancies at will only, . . . .^ . .... 647 
 
 trusts in, assignment of, not valid unless in writing, &c. . . 647 
 
 declaration of, " " " " 647 
 
 Trusts; assignment of, none valid unless in writing, signed, &c 647 
 
 Trust in lauds, &c. , assignment of, not valid unless in writing, ifec 647 
 
 declaration of " " " " 647 
 
 FB.iUDS ON Crkdmors BY .Secret Bills OF Sale. See Bills 0/ Sale, ^c 649 
 
 Fruits, Roots, cfec. See lient. Distress for . ... .... .... 1259 
 
 Fuel. See IimiKCtion of Pronx'ions, Fuel, ^c .... .... 523 
 
 FuR-BEAUiNG Animals. 8'x Biirls and Animals . .... .... ,,..550—1 
 
 G. 
 
 Game Com mi.ssionei;s. See Birds and Animals .... . . . , 553 
 
 Laws. See Birds ami A nimalu , . . . > .... . . , . .... 548 
 
 Garnishees. County Courts, Sfc .... .... .... .... , 1150 
 
 Siijircmr Court, Sj'C. .... .... .... .... . . .912-14 
 
 Gates. Paibrays .... .... .... .... .... 271-2 
 
 Roads, other than certain Great . . , . .... 327 
 
 G-iTHEBWG OF Sea Manure, See Sea. Manure, (be . 526 
 
1336 
 
 GENERAL INDEX. 
 
 Gazette Notice. See Escheating Lands, d-c. . .... 
 
 Lands, Sale of under Execution .... 
 
 Mlina and Minerals . . .... 
 
 Partnerships .... .... .... 
 
 Probate Court . .... .... 
 
 Supreme Court, ij-c. .... .... 
 
 Geese. See Cattle, Stray, (J-c .... .... 
 
 General Assembly. See Ler/iskilure .... .... 
 
 Issue. See Supreme Court, ^c .... 
 
 Mining Association. See Mines and Minerals. .. 
 Partners. See Partnerships, ^c. ... .... 
 
 Provisions respectin« Corporations. See Corporationi 
 
 Rules. See Supreme Court, Sec .... 
 
 Warrant of Distress. See Poor, Settlement, A-c. 
 
 Glebe Lands. See Church of Enr/land .... 
 
 OR School Lands. See Sewers, Dykes, ^c. . .... 
 
 Going at Large of Certain Animals. See Cattle, Stray, d-c. 
 Gold Districts. See Infoxicatimj Liquors, Sfc. ... .... 
 
 Mines and Minerals. ... .... 
 
 Mines. " " " .. .... 
 
 Good Friday. Statutes, Promulgation, d-c 
 
 Goods. See Statutes, Promulgation, dtc. . . .... .... 
 
 Supreme Court, dc .... .... 
 
 Rent, Distress for, Sfc .... .... 
 
 Governor. See Statutes, Promulgation, ttc .... 
 
 in CoiTNcjiL. See Escheating Latuls, Sj-c 
 
 , Public Officers, Sec. . .... 
 
 Eoads, certain Great, ^c. . 
 Governor's Private Secretary. See Public Officers, S;-c. . 
 
 Grain. See Reiit, Distress for, Sf-c. . . .... 
 
 Grand Jurors. See .Juries .... .... .... .... 
 
 Grant for Schools. See Public Instruction . . .... 
 
 Grantor. See Statutes, Prormdgation, Sj-c. .... .... 
 
 Grants. Costs and Fees .... 
 
 Croii-n Lands. ... .... .... .... 
 
 Deeds, Sfc. , Registry of .... .... 
 
 Escheating Lands forfeited to Crown .... 
 
 H it'nesses and Evidence .... .... 
 
 Provincial, to Roads and Bridges, Expenditure of. 
 Bridge Grants .... .... .... . . . 
 
 Great Roads, Laying out, &o. , or Certain. See Roculs, Certain. 
 OF Ro.ADS OTHER THAN, &c. See Roadi 
 Seal of PR0v*ycE. See Seal, Great, of Prorince . . 
 Grounds, Public, Supervisors of. See Public Grounds, ^c. . . 
 Guardians. See Lands, Partition of ... . .... .... 
 
 Lunatics, Custody, ^c. , of . , .... .... 
 
 blasters. Apprentices, dc. .... .... 
 
 Probate Court .... .... .... . . . , 
 
 Supreme Court, and Procedure therein. . . . 
 
 698, 
 
 page 
 
 .... 1261 
 
 1262 
 
 .... '74 
 
 617 
 
 701-3-5-8 
 
 816 
 
 .... 513 
 
 8 
 
 850-1, 857 
 
 96 
 
 .. 611 
 
 562 
 
 .. 978 
 
 267-271 
 
 .. 189 
 
 311 
 
 .. 511 
 
 534 
 
 .. 71 
 
 71-89 
 
 4 
 
 3 
 
 .. 919 
 
 1255 
 
 3 
 
 .. 1261 
 
 156 
 
 323-4 
 
 155 
 
 1257 
 
 1166 
 
 230 
 
 3 
 
 1274 
 
 143 
 
 627 
 
 1261 
 
 1182 
 
 See Road and 
 
 other, Sj-c. 
 
 .. 486 
 
 1248 
 
 281-2-3 
 
 693 
 
 .. 705 
 
 838-9, 939, 968, 987- 8 
 
 328 
 321 
 325 
 
 GUARDIANS ASD WARDS 
 
 Appointment of guardian by father, how made .... .... 
 
 judge of probate . .... 
 
 Apprenticeships, legally entered into, not| to be affected .... 
 
 Bonds to be given by guardians ; conditions of, &c 
 
 Father of unmarried minor, may appoint guardians .... 
 
 Judge of probate may appoint, on neglect of father. ... 
 
 Letters of guardianship ; how applied for, and when granted 
 
 Minor, ovei' 14 years of age, may appoint his guardian. 
 
 Power and duties of guardians, defined, &c 
 
 Guardianship, Letters of. See Probate Court . . .... 
 
 and Care of Drunkards. See Drunkards, dx. 
 
 687 
 087 
 687 
 688 
 688 
 687 
 687 
 688 
 687 
 688 
 712 
 
GENERAL INDEX. 
 
 1337 
 
 GUIDE BOARDS; arms corresponclmg with roads, attached to. . . . 
 
 erection and maintenance of, provided for . 
 
 names and distances to be marked on . .... 
 
 penalty for neglect to erect and maintain . . 
 
 surveyors of highways, &c., duty of respecting 
 
 what fund liable for erection of, &c 
 
 GuNPOWDEB. See Fires and Fireviards ... .... .... .... 
 
 GUNPOWDER, TRANSPORTATION AND USE OF .... 
 
 Blasting rocks ; fine for neglect of precautions in .... 
 
 person concerned in liable for damages .... 
 
 precautions to be used in ... . .... .... 
 
 By-laws concerning, how made . . .... .... .... 
 
 Cart with gunpowder not to stop within 20 rods of house 
 
 Conveyance of powder by land regulated, &o .... 
 
 Forfeitures for oifences against chapter .... .... .... 
 
 Metallic substances not to be placed on carriage with powder 
 Municipal council, (fee, may regulate.. .... .... .... 
 
 Packages containing powder, regulations concerning .... 
 
 Protection where more than 50 lbs. in one cart .... .... 
 
 Quantity over 25 lbs. how to be secured . . .... .... 
 
 50 lbs 
 
 to be placed in one cart limited . .... .... 
 
 Sale of, rejulated ... .... .... .... . ■ ■ . 
 
 When for Her Majesty's service, chapter not to apply .... 
 GuysEOKOUQH. See County Incorporations .... .... . . • ■ 
 
 PAGE 
 
 521 
 521 
 521 
 521 
 521 
 521 
 498 
 
 516 
 
 517 
 517 
 517 
 
 ..517-18 
 516 
 . 516 
 517 
 . 516 
 517-8 
 
 .516, 517 
 516 
 517 
 516 
 516 
 517 
 517 
 449 
 
 H. 
 
 Habeas Corpus. See Libtrty of Subject .... 
 
 Halifax City. See Assessments, Municipal 
 Boards of Health .... 
 
 Fire Escapes .... 
 
 Fires and Fireioards .... 
 
 Intoxicating Liquors, Src. 
 Juries . . .... .... 
 
 Limitation of Actions 
 Ntiisances .... .... 
 
 Poor, Settlement, &c. 
 
 Public Exhibitions .... ... 
 
 Grounds, Supervisors of 
 Instruction .... .... 
 
 Streets, Commissioners of .... 
 
 Halifax Coukty. See County Courts, Sfc. ... .... 
 
 Juries ... .... ■ . ■ . 
 
 Halifax Gkammar School. See Public Instruction .. . 
 Halifax, Ukivbrsity of. See Unirersiiy of Halifax 
 
 Hand-Writing. See Witnesses and Evidence 
 
 Hares. See Birds and Animals . .... 
 
 Hay. County Iiicorpiorations 
 
 Inspection of Provisions, Sf-c 
 
 Roads, Preservation of. . . ■ ■ ■ ■ 
 
 Scales. See Assessments, Mumcipal 
 
 Health, Boards of. See County Incorporations 
 
 Nuisances .... . . • • ■ • - ■ 
 
 AND iKFECTioas DISEASES. See Boards 
 Court or. See Nuisances .... .... ■ • • ■ 
 
 Inspectors. i' • • • - 
 
 Wardens. Boards of Health, Sfc. . . 
 
 Heirs. See Descent of Real and Personal Estate . . 
 See Lands, Partition of .... ■ • • • . 
 
 Supreme Court and Procedure therein 
 
 ..1 
 
 1167- 
 
 of Health, ^-c. 
 
 167- 
 
 69 
 
 69 
 
 1221-22-23 
 
 478 
 
 211 
 
 500 
 
 499 
 
 532, 544 
 
 1174-76 
 
 1203 
 
 .. 214 
 
 269 
 .. 522 
 
 489 
 244-248 
 
 351 
 1153-56 
 1174-76 
 .. 247 
 
 248 
 
 .. 1183 
 
 550-1 
 
 .. 445 
 
 525 
 . . 343 
 
 467 
 .. 439 
 
 213 
 .. 211 
 
 213 
 213, 214 
 
 211 
 
 .. 643 
 
 1239 
 
 ..841-2 
 
1338 
 
 GENERAL INDEX. 
 
 335 
 
 . . . 337 
 335, 339 
 ...338-9 
 337-8 
 , . . 339 
 
 340 
 . .. 340 
 
 339 
 .340-341 
 
 337 
 
 HIGHWAY LABOR 
 
 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, &e., repairs provided for, &c .... 
 
 Clerk of municipality ; annual return 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 . . .... 
 
 Commutation ; fixed at fifty cents per day. .... • . • . • • • • 338 
 
 forfeiture for not tendering. ... .... .... .... 338 
 
 where to be paid . .... .... .... • • • • • • • ■ 339 
 
 within what time to be paid ... .... .... • ■ ■ . 338 
 
 Day, working ; to consist of eight hours . . .... .... • • • • • ■ • • 337 
 
 Days, computation of ... .... .... .... . . ■■. • ■ • 336 
 
 Districts as now established for labor confirmed .... .... .... .... 335 
 
 limitsmay be altered, or new erected, by council .... .... 335 
 
 Exemption of certain persons, up to one thousand dollars ... .... .... 336 
 
 males over sixty years up to one thousand dollars . .... 336 
 
 property in hands of guardians, &c., up to one thousand dollars 336 
 
 Expenditure of moneys ; accounts of, where by days' work, to be attested to. . 339 
 
 by tender and contract, or by pu blic auction .... .... 339 
 
 three days' notice in writing to be posted .... .... .... 339 
 
 Forfeitures ; by mmors, recoverable from parents, &c . . .... .... 340 
 
 for causing loss of statute labor .... .... .... .... 340 
 
 neglect to labor in removing obstructions .... .... 337, 340 
 
 winter. .... .... .... .... 339 
 
 how recovered and applied, &c. . .... .... .... 340 
 
 Guardians and women ; property in hands of, how far exempt .... .... 336 
 
 Highways ; obstructions to how removed, &c. . .... .... .... 337, 338 
 
 time within which labor to be performed .... .... .... 337 
 
 Inspectors general ; appointment of by council. .... .... .... 340 
 
 duties of defined, and salary fixed by council. ... .... 340 
 
 Labor ; may be required to be done within eight days. . .... .... 337 
 
 notice of time and place of performing, how given. . .... .... 337 
 
 time for performance of, regulated .... ... .... .... 3.37 
 
 where to be performed ... .... .... .... .... .... 339 
 
 Lists of persons liable to perform, &e. , bow made out . . .... .... 339 
 
 Males ; between sixteen and sixty, liable to two days' labor as poll-tax .... 335 
 
 scale of additional work, according to assessment .... .... 325-6 
 
 over sixty, liable in respect of excess over one thousand dollars .... 336 
 
 Moneys, expenditure of, regulated, &c .... .... .... 339-340 
 
 Municipal council may appoint general inspectors, &c .... .... 340 
 
 direct lists to be made out, &c. . . .... .... 339 
 
 grant permission to labor specially . . .... .... 338 
 
 Penalty on commissioner or surveyor for neglect .... .... .... 340 
 
 when recovered, how to be applied .... .... .... .... 340 
 
 Residents, on islands, when to perform labor, &c .... .... 336, 338 
 
 out of district, n m .... .... .... 338 
 
 Returns of surveyors and commissioners, how made. ... .... .... 339 
 
 Provincial Secretary to furnish blank forms, &c. ... . . .... 340 
 
 Scale of labor in addition to poll-tax . . .... .... .... ... 335-6 
 
 Schedule of forms of returns .... .... .... .... .... .... 341 
 
 Surveyor may alter road by consent of justices 3.38 
 
 require whole labor to be done in eight days . .... .... 337 
 
 teams, &c. , to be sent ... ... .... ... 336 
 
 shall cause persons to be summoned for labor .... .... .... 337 
 
 make returns annually to clerk of peace . . , . . .... 339 
 
 retain allowance for liis daily attendance .... .... .... 34Q 
 
 Teams sent when required, allowance for labor of 336 
 
 Winter ; breaking roads in, provisions respecting 338-9 
 
GENERAL INDEX. 
 
 1339 
 
 HIGHWAY LABOR-Continued. 
 
 Winter ; forfeiture for non-compliance with order 
 limitation as to number of day's work . 
 
 Women ; property in hands of, how far exempt 
 Highway, Rtle op. See Roads, Preservation of ... 
 Highways. See Railways . . . ; 
 
 HIGH WATS, COASTING ON 
 
 Apprentices, masters of answerable for penalty for 
 
 Minors, parents of, answerable for penalty for . 
 
 Penalties for may be imposed by council .... 
 
 Regulations for preventing, council may make . 
 Highways, Surveyors of. See County Incorporations 
 
 Highway Labor 
 
 HoLiHAYS. See Statvtes, Promulgation, d;c 
 
 Horses. Cattle, Stray, dc 
 
 HORSES, &c., INFECTED 
 
 Regulations concerning, going at large . 
 
 Municipal council may affix penalties for .... 
 Hospital for Insane. See Lunatics, Sec 
 
 339 
 339 
 336 
 343 
 
 374-6 
 
 521 
 
 521 
 
 521 
 
 521 
 
 521 
 
 435, 439 
 
 .336-340 
 
 4 
 
 ... 511 
 
 513 
 . 511-13 
 
 513 
 281, sqq 
 
 . . . 264 
 
 HOSPITAL FOR INSANE, PROPERTY GRANTED IN TRUST FOR 
 
 Commissioners of public charities ; how to invest money received for Hospital 
 
 for Insane . .... .... 
 
 may hold property in trust for Hospital 
 for Insane .... .... .... 
 
 institute action to recover property 
 for Hospital for Insane 
 property granted to Hospital, without 
 appointing trustee, vests in .... 
 
 House of Assembly. See Election of Members of, *e .... 
 
 Elections, Controverted, of Membei s, ^c 
 
 Leijislature .... .... .... .... .... 
 
 HlTSBANDi See Married Women, Property of . .... .... Index 
 
 826,838,845-8,907 
 
 264 
 
 264 
 
 264 
 
 264 
 15 
 45 
 
 8-15 
 
 Supreine Court, Sfc. 
 Witnesses and Evidence. 
 
 1184 
 
 I. 
 
 ICE, ROADS OYER 
 
 Course of, defined by bushes, marks, &c. . . .... . . . . 
 
 Expense of marks, &c., to be a municipal charge 
 
 Regulations, made by council concerning . , 
 
 penalty for breach of, how applied 
 
 Illegal Imprisonment. See Liberty of Subject 
 
 Sale. See Intoxicatinig Liquors, d-c 
 
 IMMIGRANTS 
 
 Agent, appointment and duties of, &c. .... 
 
 authority of, to draw moneys from treasury 
 
 books of entry to be opened and kept by .... 
 
 correspondence to be conducted by .... . . . . 
 
 crown lands to be placed at disposal of .... 
 
 guardian of immigrant orphan children .... .... 
 
 instructions to be issued to from Governor-in-Council 
 
 license of occupation issued and recorded by 
 
 plans of crown lands to be furnished to 
 
 quarterly accounts to be kept and rendered by 
 
 report of proceedings to be made annually by . . 
 
 returns of licenses to be made by annually 
 
 salary of fixed at eight hundred dollars 
 
 521 
 ... 521 
 
 521 
 . . . 521 
 
 521 
 . .. 1221 
 534-544 
 
 . . . 5,59 
 
 559 
 ... 559 
 
 559 
 . . . 559 
 
 559 
 . . . 559 
 
 559 
 . . . 560 
 
 560 
 . . . 559 
 
 559 
 . . . 561 
 
 5591 
 
1340 
 
 GENERAL INDEX. 
 
 IMMIGRANTS-Continned. 
 
 Bond, for purchase-money, how to he given by ... . 
 
 Canadian legislation not contravened . .... .... 
 
 Crown lands ; applications for received and referred 
 
 commissioner to lay off in lots for settlers 
 grant of, when to be issued to .... 
 
 plans of, to be furnished to agent .... 
 
 purchase money to be expended on roads . 
 surveys of to be made, and er-edit allowed 
 Governor-in-Council, power to make regulations . . 
 License of occupation ; agent to execute and deliver to immigrant 
 bond to be executed before delivery of . . 
 forfeiture of, and mode of proceeding in case of 
 issued and delivered before possession taken . 
 lines of lot to be run out, blazed and cornered 
 not transferable, or extendable under execution 
 registry of by agent provided for .... 
 
 returns of to be made annually to commissioner 
 Purchase money ; how secured by bond, &c. ... 
 
 proceedings on faihire to pay. . . . 
 
 time allowed for payment of 
 to be expended in opening roads 
 Impekial Attorney ob Barrister. See Barristers, S/x 
 Impounding of Cattle, Fences, &c. Fences, <i-c. . . . 
 
 Improvement. See Lands, Partition of. . .... 
 
 Inconsistent Statements. See Witneases and Evidence 
 
 INCOEPORATED COMPAMES, WISDOG UP OF 
 
 Action ; against liquidator to "be by petition , . . 
 
 may be restrained by court 
 Amendments ; court or liquidator may make. . 
 
 Appeals ; provided for . . 
 
 Appear, court may order summons to .... 
 
 lefusal to . . .... .... 
 
 Application ; mode of to court .... .... 
 
 Arbitration ; to settle dissenting member's interest 
 
 Arrest ; contributories liable to 
 
 Assets ; distribution of . .... .... 
 
 not to be sold en bloc, when . .... 
 
 unpaid shares to be deemed .... 
 
 Bank ; deposit in, how made .... .... 
 
 Books ; disposal of .... 
 
 inspection of .... .... .... 
 
 production of . . . .... .... 
 
 when evidence .... .... .... 
 
 Business, cessation of . . .... .... 
 
 Chapter, to apply to what ... .... 
 
 Companies ; may be wound up, when 
 
 Company ; dissolution of ... . .... 
 
 liability of members of .... 
 
 meaning of term . .... .... 
 
 Contributories ; calls on .... .... 
 
 dissatisfied may apply to court 
 liability of, generally .... 
 
 to arrest . .... 
 
 list of, evidence of liability 
 
 liquidator to settle .... 
 
 may be settled by court . 
 settlement of to be certified . 
 meetings of, for what purpose . 
 notice of .... 
 
 where to be held . 
 voting at .... 
 
 notice to 
 
 595- 
 
 . 560 
 
 561 
 . 560 
 
 559 
 . 660 
 
 560 
 . 560 
 
 560 
 . 561 
 
 560 
 . 560 
 
 ."561 
 . 560 
 
 560 
 . 560 
 
 561 
 . 561 
 
 560 
 . 561 
 
 560 
 
 . 560 
 
 192-93 
 
 . 51.3 
 
 1244 
 
 1185 
 
 . 588 
 
 597 
 . 599 
 
 604 
 . 603 
 
 601 
 . 601 
 
 603 
 . 594 
 596-7 
 . 590 
 
 691 
 .594-5 
 
 597 
 . 605 
 
 600 
 . 601 
 
 604 
 . 590 
 
 588 
 . 589 
 594^5 
 .594-0 
 
 588 
 
 . 596 
 
 602-3 
 
 .594^7 
 
 596-7 
 
 . 595 
 
 594 
 1-6, 599 
 
 596 
 
 598 
 598-9 
 
 598 
 
 599 
 
 596 
 
GENERAL INDEX 
 
 1341 
 
 INCORPORATED COMPAMES, VTIXDISG UP OF-Continued 
 
 Contributories ; representatives of, liability of. 
 
 making default 
 when to take prooeedingB in liquidator's 
 
 Contributory ; meaning of word . . ' 
 
 Costs ; taxation of . . .... 
 
 to be first charge on assets .... 
 
 Counsel; when allowed to liquidator.. 
 Court ; assistance of, how obtained .... 
 
 may settle list of contributorief 
 meaning of word .... .... 
 
 powers of . , . .... .... .... 
 
 to have control of liquids tor and inspectori 
 Debts ; compromise of .... .... .... 
 
 sale of . . .... .... .... ... 
 
 Deposit of money in bank, how made .... 
 
 Directors ; powers of to cease, when .... ... 
 
 Dissolution of company .... .... .... 
 
 order for. ... .... .... ... 
 
 Dividends ; unclaimed disposal of ... . .... 
 
 Evidence ; books when.. .... .... 
 
 effect of order of court as . .... 
 
 Extraordinary resolution ; meaning of term 
 Heirs ; liability of . . . . .... .... 
 
 Inspector ; appointment of .... .... ... 
 
 powers and remuneration of .... 
 
 revoking appointment of .... 
 
 to be subject to order of court .... 
 
 Judges may make rules of procedure .... ... 
 
 Liability of shareholder in company. . .... 
 
 when list evidence of . . . 
 
 Lien ; on papers. ... .... .... ... 
 
 Limitation of chapter ... .... .... 
 
 Liquidators ; appointment and mode of 
 
 counsel when allowed to ... . 
 
 description of in action . .... 
 
 duties of, generally .... 
 
 on dissolution of company 
 may apply for assistance of court . . . 
 call meetings .... .... 
 
 compromise claims and debts . . 
 take stock in payment, when 
 powers of, generally .... 
 
 to fix time for sending ki claims 
 distribute assets 
 quorum of .... * .... 
 
 remedy against to be by petition 
 
 remuneration of 
 
 security to be given by .... 
 
 subject to inspector. ... 
 
 order of court. . . 
 vacancy in office, how filled . . 
 when only one appointed . . . 
 List of contributories .... .... 
 
 Meetings : of contributories, for what purposes . 
 
 may be directed by court, 
 notice of ... . 
 
 where to be held 
 voting at . . . 
 
 Member dissenting, disposal of interest of 
 
 Membership, cessation of 
 
 Money ; payment of, by order of court 
 
 into bank . . .... 
 
 Notice ; length of, when not provided for 
 
 .594, 
 
 PAGE 
 
 588 
 . 596 
 
 602 
 . 588 
 
 603 
 . 598 
 
 5&7 
 . 599 
 -6, 599 
 . 588 
 599-603 
 . 597 
 
 593 
 .591-2 
 
 597 
 . 590 
 
 604, 
 604-5 
 
 605 
 . 604 
 
 600 
 . 588 
 
 595 
 . 591 
 
 591 
 . 591 
 
 597 
 .605-6 
 594-5 
 . 695 
 
 601 
 . 606 
 
 590 
 . 597 
 
 591 
 .597-8 
 604-5 
 . 599 
 
 598 
 . 593 
 
 693 
 .591-2 
 692-3 
 .692-3 
 590-1 
 . 597 
 590, 698 
 
 690 
 
 591 
 
 697 
 598, 602 
 
 590 
 595,699 
 
 598 
 599-600 
 
 598 
 
 598 
 
 699 
 
 594 
 
 595 
 
 600 
 
 600 
 
 604 
 
1342 
 
 GEXERAL INDEX. 
 
 INCORPORATED COMPANIES, WINDING UP OF-Conlinnedi, 
 
 Oath, examination upon. .... .... .... • . ■ ■ 
 
 Order of Court ; effect of as evidence .... .... .... ■ ■ ■ • 
 
 Pass book ; production of and contents ... . . » , . . . ■. . • ■ . 
 
 Petition ; application to court to be by ' . . . , .... .... .... 
 
 dismissal of . . . .... .... .... .... ... 
 
 remedies against liquidator to be by .... . . ■. . . • ■ . 
 
 * Pleadings ; language and construction of .v ..... . . • • ■ • ■ 
 
 Powers, of court .... .... .... .... .... . ■ . •• • • 
 
 Practice, matters of ... . . . , i .... .... .... • • ■ ■ 
 
 Proceedings, stay of .... .... .... .... .... ■ • ■ • 
 
 Procedure, rules of ... . . . . > . , . > .... .... .... 
 
 judges may make rules of . . . . > .... ... . . • ■ 
 
 Property ; disposal of regulated . . .... ... .... .... 
 
 transfer, of companys' .... .... .... .... .... 
 
 when dissenting member .... ... ... 
 
 Registration of order or resolution ... .... .... > . . ■ ■ . ■ 
 
 fee for . . .... .... .... .... ■ . ■ ■ 
 
 Rules of procedure . . .... .... .... .... .... ■ ■ ■ • 
 
 , , . judges may make .... .... .... .... 
 
 Shareholder, liability of ; ceasing to be a member in company not limited 
 on unpaid shores .... .... .... .... 
 
 resigning or transferring shares. . .... 
 
 Special resolution ; meaning of term . . .... .... .... ... 
 
 Stay of proceedings .... .... .... .... .... .... 
 
 Subpoena ; court may order . . .... .... . . , , .... .... 
 
 Suit ; may be restrained by court .... . . , . .... .... 
 
 not to be brought against liquidator .... .... .... .... 
 
 Trust ; powers of court as to breach, of . . . .... .... .... 
 
 Umpire ; appointed, when. . . .... ... .... .... .... 
 
 Vacancy in oiiice of liquidator. . . . , . . . .... .... .... 
 
 Voting at meetings of contributoriea . . .... .... .... .... 
 
 Winding up ; application for .... .... .... .... .... 
 
 commencement of ... . .... .... .... .... 
 
 consequences of . . .... .... .... .... 
 
 stay of proceedings in . . .... .... 
 
 Incorporate]? Sureties, ifok, Officers. See Officers, Incorporated Suretks for . 
 Incokpor4TIONS, County. See Couuty Incorporations .... .... .... 
 
 Inde^tukb. .See Master, Apprentice, ^~c .... .... .... 
 
 Appreidici'ti, Transfer of" Articles of .... .... .... 
 
 Indexes. Hee Deeds, Sfc., Registry of .... .... .,... .... 
 
 Indians. Jntoxicatiny Liquors, §-c, . . .... .... .... .... 
 
 Indigent Debtors. See Debtors, Indigent, confined in jdil .... .... 
 
 Industrial and Exhibition Buildin(::s. See Exhibition Buildings. . .... 
 
 Exhibitions. See Agriculture, Encouragement of . . .... 
 
 Infant Trustee. . .See IVusts and Trustees . . . .' .... .... .... 
 
 Infected Cattle and Horses. See Cattle, Stray, and Animals, Sfc 
 
 Infectious Diseases., See Boards of Health .... .... 
 
 Injunction. See Supreme Court, ^c .... .... .... 
 
 Inquests, OF Office. , See Escheating Lands, 4rc-. .. .... .... .... 
 
 Inquiries concerning. Public Matter.^. See Public Matters, 4~c 
 
 Inquiry, Writ of. See Supreme Court, ^c .... .... .... 
 
 Inquisition. Ses Coroners . . . : ,. .... ..., .... 
 
 Insane. See Hospital fo^' Insane, Property, &c. . . .... .... .... 
 
 Insane Paui'ek. See Lunatics, Custody, 4'c. . .... .... .... 
 
 Poor, Settlement, S^c .... . . i . 
 
 Persons. Limitation of Actions. .. .... .... .... 
 
 Lunatics, Custody . . .... .... . , . . .... 
 
 Insanity. , ,i , „ .... .... .... .... 
 
 Insolvency. See Debtors, Indigent, ^c. . . .... .... 
 
 Probate Court .... .... .... .... .... 
 
 Supreme Court. .... .... .... .... .... 
 
 Inspection of Documents. See Supreme Court, ^c 
 
 Property. h m n 
 
 t>A(3E 
 
 . 601 
 600 
 
 .597-8 
 603 
 
 . 603 
 597 
 
 . 604 
 603 
 
 .603-4 
 603 
 
 . 604 
 605-6 
 
 . 591 
 593 
 
 . 594 
 
 589-90 
 
 . 590 
 604 
 
 .605-9 
 
 593 
 
 594-5 
 
 . 595 
 589 
 
 . 603 
 601 
 
 . 599 
 597 
 
 .601-2 
 
 594 
 
 598, 602 
 
 599 
 
 603 
 
 589 
 
 590 
 
 603 
 
 509 
 
 425 
 
 693 
 
 695 
 
 623 
 
 539 
 
 1224 
 
 491 
 
 302-3 
 
 1207 
 
 513 
 
 in 
 
 Index 
 
 1261 
 
 1234 
 
 Index 
 
 , 176 
 
 264 
 
 288-291 
 
 266 
 
 1197 
 
 281 
 
 287 
 
 1224 
 
 .708, 711 
 
 845 
 
 . . .Index 
 
 Index 
 
GENE&AL INDEX. 
 
 1343 
 
 INSPECTION OP PROVISIONS, LUMBER, FUEL, &c,. 
 
 Apples and Potatoes .... .... .... .... 
 
 Barrels, flour, may be used. . 
 
 how branded . . .... 
 
 number of hoops on . . , 
 penalty for use of small 
 size of regulated . . ... 
 
 Bread 
 
 baker paying fines as to, may recover from servant or journeyman . 
 certain loaVes of exempted . . . . . , ... 
 
 for sale, hoM- marked .... .... .... .... 
 
 weights of loaves of . , .... .... 
 
 penalty for obstructing officer in searching for or seizing 
 selling short of weight .... .... 
 
 unmarked . . .... .... 
 
 on servant or journeyman offending as to 
 person selling to keep scales and weights ... ... 
 
 prosecutions as to begun within three days ... 
 unmarked or under weight may be searched for and seized by justice, 
 constable, &c. ... .... 
 
 Bricks and Staves, how counted 
 
 Coal and Salt . .... .... .... 
 
 measurer* of, fees of. .... .... 
 
 penalties on for misconduct , . 
 weighed or measured by proper officers 
 Coal, certificate as to, delivered to collector of customs 
 
 from mine to be given to purchaser of by shipmaster 
 penalty for giving false certificate as to ... . 
 
 selling under false name .... .... 
 
 sold from shipboard by retail, by weights-penalty 
 
 CORDWOOD .... .... .... .... .... 
 
 dimensions and quality of, when retailed 
 measurers of, penalties on for misconduct . . 
 ' fees ^-o , .... .... 
 
 penalty for selling unmeasured. ... .... 
 
 rotten and crooked sticks of, provisions as to, 
 short sticks of, rejected by measurers .... 
 
 when sold from shipboard, to be surveyed and measured by 
 officer .... .... ... 
 
 Ha* ... 
 
 how weighed .... .... ... ... 
 
 weighers' fees , . ... .... 
 
 may be regulated by council . . . 
 
 Lumber 
 
 appeal from decision of sui-veyor of 
 boards, dimensions and qualities of . . . 
 certificate of surveyor, eft'ect of . . . ... 
 
 clapboards, dimensions and qualities of 
 what forfeited .... 
 
 rejected on survey . . 
 dimensions aod qualities of boards 
 
 clapboards 
 deals 
 lath wood . 
 plank 
 shingles. . 
 • staves 
 
 timber . . . 
 
 duty of measurer on survey of 
 
 fees of surveyor. 
 
 paid by seller 
 
 lathwood, dimensions and qualities of . . , 
 limitation of prosecutions 
 
 proper 
 
 PAflE 
 
 523 
 529 
 530 
 529 
 529 
 529 
 529 
 523 
 524 
 524 
 523 
 523 
 523 
 523 
 523 
 523 
 523 
 524 
 
 523 
 530 
 524 
 524 
 525 
 524 
 525 
 525 
 525 
 525 
 524 
 525 
 525 
 526 
 526 
 526 
 626 
 526 
 
 526 
 525 
 525 
 525 
 525 
 526 
 528 
 626 
 528 
 527 
 529 
 529 
 526 
 527 
 526 
 527 
 526 
 527 
 527 
 527 
 528 
 529 
 529 
 527 
 529 
 
1344 
 
 GENERAL INDEX. 
 
 INSPECTION OF PROYISIONS, LUMBER, FUEL, &c,— Continued. 
 
 Lumber ; marks on, penalty for defacing or altering 
 
 penalty on surveyors for misconduct 
 
 plank, dimensions and qualities of 
 
 prosecutions limited ... 
 
 purchased for exportation shall conform to chapter ... .... 
 
 purchaser not obliged to accept when not conformable to chapter 
 qualities of. See Dimensions. 
 
 shingles, dimensions and qualities of 
 
 what forfeited 
 
 rejected on survey 
 
 staves, dimensions and qualities .... 
 
 what rejected on survey 
 
 survey, duties of seller on 
 
 what shingles, clapboards and staves rejected on 
 
 surveyors, duties of on survey 
 
 fees of, paid by seller 
 
 marks of, penalty for altering or defacing 
 
 penalty on for misconduct 
 
 timber, dimensions and qualities of . 
 
 Municipal council to appoint inspectors and other officers 
 
 Officers under chapter appointed by council . 
 
 Potatoes and- edible roots, sold by weight 
 
 ■ See Apples and Potatoes 
 
 Salt. See Coal and Salt 
 
 Staves and Brick.s, how counted 
 
 StrGAB, tare on fixed .... 
 
 penalty for not allowing 
 
 Inspector of Mines. . See Minen and Minerals .... 
 
 Mines, Regulation of. . . . . 121-; 
 
 Inspectors, General. See Highway Labor . . .... 
 
 School. Public Instruction 219, 2,38, 
 
 Institutes and Associations, Library. See Library, cfcc 
 
 Instruction, Public. See Public Instruction .... .... .... 
 
 Insurance. See Corporations, Oentral Prorisions .... .... 
 
 Intemperate Persons. See Intoxicating Liquors, ^c .... 
 
 Interest. See Supreme Court, ^c. . . .... .... 
 
 Illegal. See Limitation of Actions .... .... .... 
 
 Interests in Lands. Frauds and Perjuries .... .... 
 
 Lands, Sale of under Execution. . . 
 
 Interlineation. See Wills of Real and Personal Estate 
 
 Interpleader. Supreme Court, ^c .... 
 
 Interrogatories. " " .... .... 
 
 Intestate. See Descent of Real, Sfc. , Estate .... .... .... 
 
 Intoxicating Liquors. See Elections, Corrupt Practices at 
 
 Jails and County Buildings ... .... 
 
 INTOXICATING LIQUORS, LICENSES FOR THE SALE OF 
 
 Action against liquor seller, &c. , by representatives of person who 
 
 to his death thtough intoxication, caused, &c i 
 
 against person furnishing liquor, for assault committed by 
 intoxicated by it, &o. ... .... .... .... 
 
 Actions on appeal bond ; When to be brought. . . . . .' 
 
 for offences against chapter, when to be brought. . . 
 Agent for sale of liquors, how appointed, compensation of, &c. . 
 lists to be kept by, and return made 
 member of temperance organization . . 
 not to be interested in profits .... 
 
 officiiil designation and title of ... 
 penalties for violation of duty by . 
 prosecution by in certain cases 
 tenure and teriii of office of .... 
 
 Appeal, affidavit iot 
 
 bond, how to be giVeM, and form of, &o , 
 
 PAGE 
 
 529 
 529 
 526 
 .529 
 528 
 528 
 
 . . . 527 
 
 529 
 . . , 529 
 
 527 
 . . 529 
 
 529 
 . . . 529 
 
 528 
 528, 529 
 
 529 
 
 . . 529 
 
 527, 528 
 
 . . . 530 
 
 6.30 
 . . 524 
 
 529 
 . . . 524 
 
 5.30 
 . . . 524 
 
 524 
 . . 69, 70 
 123, 134 
 . . . 340 
 234, 243 
 . . . 606 
 
 218 
 
 . . . 566 
 
 540, 541 
 
 . . Index 
 
 1197 
 
 . . . 647 
 
 1249 
 
 . . . 639 
 
 Index 
 
 . .Index 
 
 637 
 
 ...53-57 
 
 180-1 
 
 531 
 
 has come 
 
 .... 540 
 
 person 
 
 .... 540 
 
 542 
 
 .. 542 
 
 542-3 
 
 .. 542 
 
 542 
 
 . . 543 
 
 542 
 
 ... 543 
 
 543 
 
 , . . 542 
 
 538 
 
 538, 546 
 
GENERAL INDEX. 
 
 T345 
 
 INTOXICATING LIQUORS, LICENSES FOR THE SALE OF-Contianed. 
 
 PARK 
 
 Appeals granted as in summary trials .... .... .... 538 
 
 Bar-room ; only one entrance and on the public street .... 535 
 
 penalty for having illegal entrance .... .... 535 
 
 time for closing, and penalty . . .... .... 535 
 
 Bond for license ; form of, and with whom to be filed . . .... 535, 545 
 
 registry of by clerk of council provided for 535 
 
 to be entered into, before license received .... 535 
 
 Camp meeting ; liquor not to be sold, &c., within three miles of ... .543-4 
 
 penalty for selling, &c., near, $50 .... 544 
 
 person violating chapter at, arrested on view .... .... 544 
 
 saloons, hotels, &c., previously established not aifected. . 544 
 
 Certiorari, affidavit for .... .... .... .... .... 538 
 
 bond for, how to be given . .... .... 538 
 
 form of bond on issue of writ of .... .... 546 
 
 Charge for liquors not recoverable if under one gallon, &c .... 536 
 
 Child, sale of liquor by, considered act of parent. . .... .... .... 6,39 
 
 Clerks of license ; accounts of, how and when rendered .... 537 
 
 appointment of, how made .... 531 
 
 bonds to be given by, and how .... .... .... 531 
 
 duties of defined and specified . . .... 532-3 
 
 licenses to be registered by . .... .... .... 535 
 
 may destroy liquors in certain oases .... .... .... 533 
 
 enter premises of suspected party 5.32 
 
 prosecutions by, compellable in certain cases .... 537 
 
 remuneration of, fixed by council ... .... .... 634 
 
 sworn into office before whom.. .... .... .... 631 
 
 vacancy in office of, how supplied ... .... .... 531 
 
 Clerk of the municipality ; licenses to be registered by .... .... .... 535 
 
 remuneration to be fixed by council .... 534 
 
 Coroner prohibited from holding license ... .... .... .... 535 
 
 Costs of prosecution, how borne in certain cases ... .... .... 538-9 
 
 Definition of term " original package "... . .... 631 
 
 Defence to suit, what may be set up as . .... 541 
 
 Defendant, when entitled to continuance. . .... .... 542 
 
 Duty on, how fixed and when payable 634, 635 
 
 to whom to be paid over, &c. ... .... .... 537 
 
 Executors, &c. , action against liquor seller, &c. , in certain cases .... 540 
 
 First offence, &c. , defined .... .... 534 
 
 Forms, schedules containing. .... .... 544-7 
 
 Gold district, licenses not to be granted in .... .... .... .... 534 
 
 liquoi s found in may be seized," cfec .... .... 63,3-4 
 
 Halifax City ; application for license in, by petition, &c. ... .... .... 632 
 
 chapter applicable only in certain cases . . .... .... 644 
 
 council of, may divide city into license districts .... 632 
 
 polling districts in, to be license districts till others laid out, 532 
 
 Illegal sale, penalties to be cumulative for .... .... .... 534 
 
 Indian, sale to prohibited, and penalty for. . . . .... .... .... 539 
 
 Intemperate persons; husband, wife, &c., may give notice not to furnish 
 
 liquor to . . .... .... .... 640-1 
 
 penalty for giving or selling liquor 1o . . . . .... 541 
 
 sale to unlawful after notice .... 541 
 
 Jail limits, not allowed to party imprisoned ... .... .... 542 
 
 Justice, may continue cause in certain cases .... .... .... .... 539 
 
 not to hold shop or tavern license . .... .... .... 635 
 
 penalty on, for purchasing in certain cases .... 539 
 
 selling in violation of chapter . . .... .... 543 
 
 License ; form of shop and tavern 534, 644, 545 
 
 free, granted unfier what circumstances .... .... 535 
 
 granted only on recommendation, petition, &c ... .531-2 
 
 term of one year only 632 
 
 municipal council may refuse in certain cases .... 531 
 
 86 
 
1346 
 
 GENERAL INDEX. 
 
 INTOXICATING LIQUORS, LICENSES FOE THE SALE OP— Continued. 
 
 PAOE 
 
 License not granted in gold district or railway limits .... 543 , 
 
 not held by -coroner or justice of peace .... .... .... 535 
 
 petition for, genuineness of signatures verified . . 531 
 
 must be deposited with clerk of municipality 531 
 
 open to inspection of rate-payers 531-2 
 
 required in city of Halifax .... .... .... 532 
 
 municipalities . . .... 531 
 
 incorporated towns . . .... .... 632 
 
 proof of 544 
 
 registry of, to contain what particulars . . .... .... .... 535 
 
 shop and tavern only to be granted . . 534 
 
 restrictions as to quantity to be sold, &c. . . . .... . — 536 
 
 tavern, regulations to be observed by holder of .... 536 
 
 time of, limited to one year .... .... .... .... .... 532 
 
 when required .... . .... . .... 531 
 
 Liquor ; confiscation of, does not relieve from other penalties ... 533 
 
 may be destroyed when found on premises of person after second 
 
 conviction .... .... 533 
 
 within one mile of mining works 533-4 
 
 seized on premises of person after first conviction .... 533 
 
 proceedings to confiscate .... . .... .... .... 533 
 
 Mail carrier, not to carry in vehicle with mails .... .... .... 539 
 
 penalty on for violating provision .... .... . .... 539 
 
 Married women, liable for breach of chapter . , .... 537 
 
 Minors, sale to prohibited under penalty . . .... .... .... .... 539 
 
 New trial ; court may impose terms on granting . .... 538 
 
 Original package ; meaning of words defined 531 
 
 Particulars need not be attached to writ . .... .... .... 541 
 
 Penalty ; confiscation a cumulative penalty .... .... .... 533 
 
 for bar-room entrance being not according to chapter . . .... 535 
 
 bribing or intimidating witness . .... .... .... 539 
 
 exposing goods for sale in tavern .... .... .... 536 
 
 gambling or raifiing in tavern .... .... .... .... 536 
 
 illegal sale of liquors .... .... .... .... .... 534 
 
 keeping disorderly tavern, &c 536 
 
 tavern without sign, &c. . .... 535 
 
 non-attendance of witness under subpoena .... .... .... 538 
 
 obstructing clerk of license, &c . . .... .... .... 533 
 
 receiving goods, &c. , from servants, &c .... .... 536 
 
 •ale by justice of the peace .... .... .... .... 543 
 
 wife, child or servant, &c .... .... . . 537-539 
 
 on Sundays, except to lodgers .... 536 
 
 to intemperate persons after notice .... .... .... 541 
 
 minors or Indians . .... .... .... 539 
 
 sign, where no license granted .... .... 535 
 
 want of accommodation for travellers .... .... .... 536 
 
 on agent for sale, or neglect of duty .... .... .... .... 543 
 
 justice for purchasing liquor in certain cases .... .... 539 
 
 mail carrier, for conveying with mails .... .... .... 539 
 
 married women, &c. , in certain cases .... 537 
 
 reco\ ery of, and forms to be used .... .... .... .... 537 
 
 to whom to be paid, and how to be disposed of 537-8 
 
 Prosecutions ; limitation as to commencement of . . .... .... .... 542 
 
 Prosecutor, in what cases indemnified .... .... 538 
 
 Railway limits ; licenses not to be granted in 543 
 
 liquors may be seized and destroyed . , 543 
 
 Eeceiving goods from servants, &o. , or in pawn .... 536 
 
 Registry of bonds and licenses regulated , , . . 535 
 
 Schedule of forms to be used 544-7 
 
 Shop license ; restrictions as to quantity sold under, &c .... 536 
 
 Summons ; amendment of provided for . . .... . , , , .... 537 
 
 particulars not required to be attached .... .... .... 541 
 
GENERAL INDEX. 
 
 1347 
 
 INTOXICATING LIQUORS, IICEASES FOR THE SALE OF-Coutinued. 
 
 p 
 
 PAGE 
 
 Summons ; proof of sale to persona not named in . 
 
 service of, what sufficient. 
 
 statements in, what unnecessary 
 Tavern ; penalty for not having sign placed on 
 
 regulations for conducting, &c. . . 
 
 Time for closing tavern or shop .... .... 
 
 Traveller, meaning of . . .... .... , . . , 
 
 Variance between proof and summons, not fatal 
 Witness entitled to fees for attendance, &c. . . . . 
 
 penalty for interfering with, &c 
 
 non-attendajice of 
 
 Invbhtokv. See ProhaU Court . . .... .... 
 
 •Issue. See Statutes, Promulyatiqn, <bc . . . . 
 
 Wills of Real and Personal Estate 
 
 LEcrriMATE. See Marriages, Solemnization of . 
 OF Fact, See Supreme Court, ibc . . 
 
 
 .... 542 
 
 
 
 542 
 
 
 .... 541 
 
 
 535 
 
 
 ....535-6 
 
 
 . 534, 5.% 
 
 
 .... 534 
 
 
 539 
 
 
 .... 538 
 
 
 539 
 
 
 .... 538 
 
 
 . 700,701 
 
 
 3 
 
 
 641 
 
 
 .... 655 
 
 
 881 
 
 J. 
 
 •Jail. See Statutes, Promulgation, ^-c. ...» 
 
 Limits. See Intoxicating Liquors . . .... .... 
 
 Jails and other County Buildings .... 
 
 •Jailer. See Costs and Fees .... 
 
 Jails and Comity Buildings .... 
 
 JAILS AKD OTHER COUSTY BUILDINGS 
 
 Construction of chapter as regards Dominion legislation 
 County buildings regulated by municipal council .... 
 Jail ; erection and repair of by order of municipal council. ., 
 
 includes street, &c., along which prisoners are passing to 
 •Jailer ; conduct to be guided by order of municipal council . . 
 not to furnish or permit spirituous liquors in the jail 
 
 penalties for furnishing, &c. , liquors ... 
 
 prosecution to be in name of the clerk of the licenses 
 salary and fees of, regulated by the municipal council . 
 to post copy of jail regulations .... .... 
 
 Limit bond ; action on .... 
 
 fbrmof, ... .... .,.. 
 
 new one may be required 
 
 purpose of. .... 
 
 sureties on may render prisoner. . 
 
 iLimits of jails 5 bond given to obtain .... 
 
 existing to continue until chajiged 
 
 municipal council may fix and regulate 
 -Liquors may be prescribed by physician to sick prisoner 
 
 not to be furnished, &c., by jailer 
 
 provisions when limits extend beyond jail yard 
 liOok-Up houses ; keepers appointed to by muaicipal council 
 
 persons arrested on warrant confined in 
 Municipal council regulates jails and other county buildings 
 salary and fees of jailers, &c. 
 
 ■Orders concerning ; made- by municipal council, ... 
 
 under this chapter to prevail 
 to be sent to Supreme Court for approval 
 when ii force to be posted in jails . 
 
 •Penalties on jailer for furnishing, &c., spirituous liquors 
 
 on second conviction .... .... 
 
 prosecution for by clerk of the licenses . . . 
 
 Physician may prescribe liquor for sick prisoner 
 
 Prisoner ; at Work is sUbjfect to rules and regulations concerning 
 
 jails 
 
 3 
 
 542 
 
 . 180 
 
 1273 
 
 . 180-2 
 
 180 
 . 182 
 181 
 . 180 
 from work 182 
 181 
 
 .. 180 
 180 
 
 .. 180 
 181 
 
 .. 181 
 
 184 
 
 183, 184 
 
 183 
 
 . . 182 
 184 
 183 
 181 
 181 
 180 
 180 
 181 
 181 
 181 
 181 
 181 
 1.81 
 182 
 18.1 
 181 
 180 
 180 
 180 
 180 
 182 
 
 ..182, 
 
1348 
 
 GENERAL INDEX. 
 
 JAILS AND 01 HER COUSTY BUILDINGS-Conlinued. page 
 
 Prisoner ; earninga by, account to be kept by sheriff. . . .... .... 182 
 
 employed only under supervision .... .... .... .... 182 
 
 entitled to jail limits on giving bonds .... .... .... 182, 183 
 
 not entitled to jail limits in certain cases .... .... 183 
 
 on street, cfec. , going to and from work considered in jail .... 182 
 
 render of, when on the limits ... .... .... .... .... 184 
 
 Rules and regulations concerning jails, &c., made by 6overnor-in-Council 181-182 
 Sheriff; may require new bond from prisoner on limits. .... .... 183 
 
 sureties of, liability of not diminished .... .... .... .... 182 
 
 to admit arrested person to jail limits on his giving bond .... 182 
 
 keep account of prisoners' earnings, &c. .... .... .... 182 
 
 when liable for an escape of person on limits. .. .... .... 183 
 
 Supreme Court ; power of as to orders of the municipal councils .... .... 181 
 
 Joinder. See Supreme Court, ikc .... .... .... .... Index 
 
 JoiKT Contractors. Hee Limitation of Actiona .... .... 1196 
 
 Stock Companies. See Assessments, Municipal .... .... .... 479-481 
 
 JOINT SrOCK COMPANIES 567 
 
 Action between company and shareholder .... 582 
 
 how incorporation set forth in ... . .... .... .... .... 582-3 
 
 for calls, how brought and proved .... .... .... .... 579-80 
 
 wages, how limited .... .... .... .... 582 
 
 Adjudication of disputed interest .... .... 577 
 
 Agency ; establishment of by company. ... .... .... .... .... 586 
 
 Attorney of company may execute deed, how .. .... .... .... 581 
 
 Bonds ; when directors may issue .... .... .... .... .... 586 
 
 Books of company ; by whom to be kept .... .... .... .... 575 
 
 contents of . . .... .... .... .... 575 
 
 false entry in, penalty for. .... .... 576 
 
 neglect to keep, effect of .... .... .... 576 
 
 to be open to inspection ... .... .... .... 675-6 
 
 prima facie evidence, when .... .... .... 576 
 
 By laws ; directors may make .... 574 
 
 when to come in force . .... .... .... .... .... 574-5 
 
 certified copy evidence of .... .... .... .... 575 
 
 Calls ; directors may make .... .... 579 
 
 enforce payment of .... .... .... .... 579 
 
 how action for brought and proved ... 579-80 
 
 payments in advance of calls . . .... .... .... .... 579 
 
 when deemed to be made . .... .... 579 
 
 not paid to forfeit stock .... 579 
 
 Charter ; contents of letters patent for .... .... 569 
 
 forfeiture of for non-user ... .... .... .... .... 533 
 
 granted by whom and how .... .... .... 568 
 
 for what purposes . , 568 
 
 to how many .... 568 
 
 notice of application for .... .... .... .... .... 568 
 
 petition for ... .... .... 568-9 
 
 proof of preliminary steps . . .... .... .... .... 583-4 
 
 Company ; capital stock of, how increased and decreased. . . .... 571-2 
 
 allotted 572, 576 
 
 contracts of, when binding .... . 582 
 
 creditors of not affected by decrease of stock 672 
 
 directois to manage affairs of.. 573 
 
 dividend not to reduce capital of . . .... 58O 
 
 existing may apply for charter under Act 585 
 
 extra powers 585 
 
 not affected by chapter .... .... 586-7 
 
 meaning of expresssion ... .... 567 
 
 name of, changed how and effect of .... 670 
 
 where to be exhibited .... .... 584 
 
 offices of ... . .... .... .... .... .... 581 
 
 powers of, generally ' '569-570 
 
GENERAL INDEX. 
 
 1349 
 
 JOI>T STOCK COMPANIES-Continued. pagb 
 
 Company ; powers of, how exercised 673 
 
 how extended 570 
 
 subject to further letrislation . . .... .... 58,1 
 
 Winding Up Act and Insolvent Act .... .... 586 
 
 Contracts ; when binding on company .... .... .... .... 582 
 
 Creditors not aflected by decrease in stock 572 
 
 Debts due company may be deducted from dividend .... 580 
 
 Directors, elected ; how and when .... .... 573-4 
 
 irregularly . . .... .... .... . . , . 674 
 
 indemnification of. .... .... 680 
 
 liability of, declaring a dividend .... 580 
 
 for wages .... .... .... .... .... 582 
 
 making a loan .... .... 582 
 
 transferring stock .... .... .... .... 576 
 
 named in letters patent to serve 573 
 
 number of on board .... 573 
 
 may be increased or decreased . .... .... 571 
 
 powers of, generally .... .... 674 ■ 
 
 may make calls .... .... .... 579 
 
 elect a vice-president .... 574 
 
 to elect a president. . .... .... .... .... 574 
 
 qualification of ... . .... .... .... . .... 573 
 
 to submit statement to annual meeting . . .... . .... 586 
 
 vacancy in board of, how filled 674 
 
 Directory ; provisions of Act where deemed 584 
 
 Dividend ; debts may be deducted from .... .... .... 580 
 
 liability of directors declaring .... .... .... 680 
 
 not to impair capital of company . . ... .... .... 580 
 
 Existing company ; may apply for charter under Act .... 585 
 
 not affected by chapter .... .... .... .... 586-7 
 
 provisions of Act as to supplementary letters patent to 
 
 apply to ... . .... 585 
 
 Expressions ; meaning of certain .... . .... .... .... 567-8 
 
 Pees ; on letters patent . . .... .... .... .... .... .... 583 
 
 Forfeiture of charter for non-user .... .... .... .... .... 583 
 
 Forms, schedule of . . .... .... .... .... 587 
 
 Incorporation ; how proved in actions .... .... .... .... . . 582-3 
 
 Land ; meaning of expression .... .... .... 667 
 
 Letters Patent ; charter to be granted by . .... .... .... .... 668 
 
 contents of . . 669 
 
 fees on. . .... .... .... .... 683 
 
 in case of existing companies. . 585 
 
 'list of shareholders to be attached to .... .... 669 
 
 notice of, application for .... .... . .... 668 
 
 granting of ... . .... .... .... .... 669 
 
 petition for .... .... 568-9 
 
 prima facit proof of contents . . . . ' .... .... . — 583 
 
 proof of preliminary steps. . . .... .... .... 569 
 
 provisions of Act as to when directory only .... 584 
 
 suplementary, confirming by-law increasing or decreasing 
 
 stock 572-3 
 
 extending powers . . .... .... 570-1 
 
 Limited ; name of company to be followed by word "limited " .... 584 
 
 penalty for not attaching word ' ' limited " to name of company 684-5 
 
 Loan ; company not to n\ake to shareholders , . .... .... .... 682 
 
 Loan company ; meaning of expression ... .... .... .... . 567 
 
 Manager ; meaning of expression .... .... .... .... . 568 
 
 Meeting ; notice of general .... .... .... .... .... . 573 
 
 directors to submit statement to annual .... 586 
 
 voting at general, mode of ... . .... .... .... 573 
 
 who may 573-4, 578 
 
 Money ; company not to issue notes as ... . .... .... 582 
 
 may borrow, when. 586 
 
1850 
 
 GENERAL INDEX. 
 
 JOINT STOCK COMPAMES-Continned. 
 
 Name ; different may be given when .... .... ... 
 
 penalty for neglect to exhibit name, &o 
 
 to be followed by word "limited" 
 
 where to be exhibited by company . . 
 
 Notice ; of application for letters patent .... 
 
 supplementary letters patent . . . 
 
 granting letters patent ... 
 
 supplementary letters patent. 
 
 Office ; company to have .... 
 
 notice of .... .... .... 
 
 Penalty ; for neglect to use word " limited " after name of company 
 President ; elected, how .... .... 
 
 Proof, of incorporation .... 
 
 by-lawa .... .... 
 
 of any matter under chapter, how made 
 Prospectus must contain, what.. .... 
 
 Provincial Secretary ; petition for charter, to be sent through ... 
 
 truth to be established to 
 Keal estate ; meaning of expression. . .... .... • • • ■ 
 
 Register of transfers, to be kept . . 
 
 Seal, dispensed with in certain cases.. .... 
 
 Service ; of process on company 
 
 notice on members .... 
 
 by post .... 
 
 Shares, how sub-divided .... 
 
 transfer of, how made 
 
 registered 
 
 to be paid in cash .... 
 
 Shareholder ; meaning of expression . 
 
 Shareholders, liability of ... . .... .... 
 
 Beceipt of, discharge to company 
 
 Stock ; allotted, how .... .... 
 
 forfeiture of ... . .... .... 
 
 increase or decrease in, how made .... 
 
 liability on, of shareholders .... 
 
 persons holding in trust .... 
 
 as collateral security 
 
 to be deemed personal estate . . .... . 
 
 transfer of .... .... .... ... 
 
 Trust ; company not bound to see to execution of 
 liability of persons holding stock in ... 
 
 Undertaking ; meaning of expression 
 
 Vice-President, may be elected . . . 
 
 Wages ; liability of directors for . 
 
 limitation of actions for . .... 
 
 JOINT TENANCY AND TENANCY IN COMMON. 
 
 Estate to two or more, ield tenancy in common, &c. . 
 Exception when estate vested in trustees or executors 
 Operation of chapter to be retrospective .... 
 JouENAi, OF AGRiquLTUKE. See Agriculture, Encouragement of. 
 Judge. See Arbitration .... .... .... .... .... 
 
 County Courts, Sfx :.,. H45-6- 
 
 Juries .... .... .... .... .... , . .. 
 
 Justices, Appointment, d:c 
 
 Married Women, Property of 
 
 Supreme Court, Sfc .... 
 
 Witnesses and Evidence 
 
 Judge of Probate. See Costs and Fees 
 
 Oivardians and Wards 
 Probate CoMrt .... 
 
 PAGE 
 
 ... 569 
 
 584 
 ... 58* 
 
 584 
 
 568. 
 ..570-71 
 
 56» 
 ... 571 
 
 581 
 ... 581 
 
 584 
 ... 574 
 
 583 
 ... 575 
 
 58S 
 . . . 586 
 
 568; 
 ... 569 
 
 56T 
 
 ... 575 
 
 581-2 
 
 ... 581 
 
 581 
 ... 581 
 
 571 
 
 576-7 
 
 ... 575 
 
 585-6 
 
 ... 567 
 
 578 
 ... 578 
 572, 576 
 ... 679 
 571-2 
 ... 578 
 
 578 
 ... 578 
 
 576 
 ...576-7 
 
 578 
 , . . . 578 
 
 567 
 .... 574 
 
 582 
 .... 582 
 
 .... 636 
 
 636 
 
 .... 636 
 
 636 
 
 299 
 
 .1216, 1219 
 
 , 1152, 7, 8 
 
 . 1172-6 
 
 .... 726 
 
 661 
 
 Index 
 
 1186 
 
 .... 1269 
 
 688 
 
 .... 697 
 
GENERAL INDEX. 
 
 1351 
 
 JCDGES, JUSTICES, AWD OTHER JUDICIAL OFFICERS 
 
 Disqualification of, not to arise because a rate-payer 
 when a valid objection . , 
 
 JCDGMENT. See County Courts, d-e 
 
 Deeds, <tc. , Registry of. . 
 
 Magistrates' Coverts, <fcc 
 
 Lands, Partition of 
 
 Lands, Sale of under Execution 
 Limitation of Actions ... . 
 
 Supreme Court, ^c. . 
 
 Witne.sses and Evidence . . 
 BY Default. See County Courts, Jbc. 
 Supreme Court, dec 
 IN Ejectment. h n 
 
 Judgments, Country. ,< ,i 
 
 JURIES , 
 
 Amendment of jury lists provided for 
 
 Challenges without cause in civil cases 
 
 Clerk ; duties of prothonotary when to be performed by 
 
 when list of juries to be posted in office of. . 
 Committee ; appointed to prepare and revise lists .... 
 
 chosen biennially but to remain in office until successors 
 
 duty of as to jury lists .... .... 
 
 Halifax county ; additional for special jurors, 
 lists valid if majority concur in making .... 
 may be ordered by judge to make fresh lists . 
 
 meeting of to hear objections to lists 
 
 penalty for neglecting duty, &c 
 
 remuneration of . .... .... 
 
 to return separate lists of grand jurors, 
 
 what considered a revising by .... 
 
 Council ; appointment of committee by, to prepare lists, &c 
 for Halifax county to appoint two committees 
 special meeting of, when juries not drawn 
 to vote compensation for revising lists .... 
 
 Councillor making wrong list, penalty for. 
 
 Exemptions from serving on juries . . .... .... 
 
 juror only liable to serve once in three years 
 Fees ; for fund to pay juries .... .... .... 
 
 of grand jurors. .. . .... .... .... 
 
 petit PI .... 
 
 treasurer to keep account of , . , , 
 
 Fines ; jury when liable to . . .... 
 
 how levied, and to whom payable . 
 
 how jury relieved from .... 
 
 to be deducted from pay. . .... 
 
 Food and comforts ; juries not to be deprived of .... 
 
 Form of return of revising committee 
 
 juror's affidavit to draw pay 
 
 Illness of juror when sworn ; proceedings in .... 
 
 Judge, absence of ; provision for drawing jury in 
 
 to sign list of juries, when .... 
 
 attendance, &c. . . , .... 
 
 Jurors, attendance, when not in, names to be returned to box 
 designation of, to be written on tickets. 
 
 dra-n-n, when not for current year . 
 
 exemptions from serving, general .... 
 
 in Halifax county 
 
 fines ; how levied and paid ... 
 
 relieved from . 
 
 fund for payment of., ..., .,,, 
 
 1194 
 
 .... 1194 
 
 1194 
 
 ...1151-2 
 
 . 624-5-6 
 
 .... 728 
 
 . 1243-4-5 
 
 .... 1249 
 
 .1198, 1201 
 
 .... Index 
 
 1179 
 
 .... 1151 
 
 Index 
 
 .... 833 
 
 963 
 
 .... 1167 
 
 1176 
 .... 1177 
 
 1177 
 .... 1170 
 
 1169 
 aappointed, 1171 
 
 1169 
 
 .... 1169 
 
 ... 1169-70 
 
 .... 1170 
 
 1170 
 1171 
 
 1171 
 1169, 1177 
 
 1170 
 .... 1169 
 
 1169 
 .... 1171 
 
 1171 
 .... 1171 
 
 1168 
 .... 1168 
 
 1176 
 
 .... 1169 
 
 1175, 1177-8 
 
 .... 1176 
 
 1174 
 .... 1175 
 
 1176 
 .... 1178 
 
 1175 
 .... 1178 
 
 1178 
 .... 1176 
 
 1173 
 ...1172-3 
 
 1176 
 .... 1175 
 
 1171 
 .... 1171 
 
 1168 
 .... 1169 
 
 1175 
 .... 1176 
 
 1176 
 
1352 
 
 GENERAL INDEX. 
 
 1169, 1170, 1171, 1172, 
 
 for. 
 
 JURIES-Continued. 
 
 Jurors, lists of . . 
 
 grand ; disqualification ef . . . . .... .... 
 
 drawn and summoned, how 
 
 when not, provision 
 fees of ; amount of .... .... 
 
 how and by whom paid .... 
 
 to be a municipal charge . . ... 
 
 foreman of . . . .... .... .... 
 
 lists of, to contain name, &c ... 
 
 name of to be put in box, &c. . . .... 
 
 number of, to constitute jury .... 
 
 qualifications of in Halifax county 
 
 other counties .... 
 who to remain in office two years . . ... 
 
 petit, called on first day .... 
 
 drawn and called on trial, how .... ... 
 
 summoned, how generally . . . 
 in Halifax 
 when not, provision for . . 
 fees of, treasurer when to pay 
 what entitled to .... 
 
 when not entitled to 
 fines, levied and payable how . . 
 liability to .... 
 
 to be deducted from pay., 
 name to be put in box .... 
 
 not to be deprived of food, &c . . 
 number in civil cases .... 
 
 criminal cases . . 
 panel of .... .... .... 
 
 qualification of .. . . .... 
 
 special, drawn and summoned how .... 
 
 on trial. .... 
 
 list of, for Halifax county . . 
 number of in civil cases 
 
 when court may order .... 
 
 Justices associated with protlionotary, where to place names 
 
 in drawing grand and 
 may examine slips 
 by whom appointed to act with prothonotary . . 
 when to draw jury with sheriff. .. .... 
 
 Lists ; amendment of provided for .... .... . . 
 
 copies of, alphabetical where posted .... 
 
 corrected, furnished to prothonotary. 
 court or judge may amend .... .... 
 
 drawing, omitted proceedings when 
 
 form of revised . . .... .... 
 
 fresh may be ordered . .... .... 
 
 names, &c., to be stated in .... 
 
 to be added to and struck out . . 
 objections to, how and by whom heard . . 
 of actual attendance to be made .... 
 
 penalty for making false . . .... 
 
 prepared, by whom . . .... .... 
 
 prothonotary 's duty respecting .... 
 
 revised, how. .... .... 
 
 separate of grand jurors of each district . . 
 special juries in Halifax .... .... 
 
 valid, notwithstanding omissions . . 
 
 when majority of committee act . 
 when to be signed by judge .... 
 
 who not to be placed in in Halifax county 
 Municipalities, how divided into sections . 
 
 of jurors 
 petit jurj 
 
 PAGE 
 
 1173, 1176 
 
 1168 
 . 1172 
 
 1173 
 . 1169 
 
 1169 
 ... 1169 
 
 1172 
 
 ... 1170 
 
 171, 1177 
 
 ... 1173 
 
 1167-8 
 
 1167 
 ... 1172 
 
 1174 
 
 ... 1176 
 
 1172-3 
 
 ... 1174 
 
 1173 
 ... 1177 
 
 1177 
 ... 1177 
 
 1175 
 ... 1174 
 
 1178 
 ... 1171 
 
 1175 
 ... 1175 
 .. 1175 
 
 1174 
 ... 1168 
 
 1173 
 ... 1176 
 
 1169 
 ... 1175 
 
 1173 
 
 ... 1171 
 
 1172-3 
 
 ... 1173 
 
 1171-2 
 
 ..1172-3 
 
 1176 
 ... 1170 
 
 1170 
 ... 1176 
 
 1173 
 ... 1171 
 
 1170 
 ... 1170 
 
 1170 
 
 ... 1170 
 
 1175-6 
 
 ... 1171 
 
 1169 
 ... 1170 
 
 1169 
 169, 1177 
 
 1169 
 ... 1170 
 
 1169 
 ..1172-3 
 
 1169 
 1169, 1177 
 
GENERAL INDEX. 
 
 1353 
 
 JCEIES-Continued. 
 
 Number who may return verdict in civil cases. 
 
 criminal cases . .... 
 
 Panel called on first day and absent jurors fined .... 
 
 certain counties to have two panels .... .... 
 
 when second not called names to be returned 
 
 Payment of jurors ; fund for. .... 
 
 grand .... .... 
 
 of petit and special .... .... 
 
 Prothonotary ; alphabetical list to be posted in office of 
 
 corrected list to be furnished to 
 
 duties of, clerk to perform when 
 
 in drawing of grand jury .... 
 
 petit II 
 
 fines received by, returns of 
 
 lists of jurors to be posted in office .... 
 
 names to be marked on when drawn 
 juries, attendance, &c. , made by .... 
 
 to pay juries . .... 
 
 place names of jurors in separate boxes, &c 
 grand jurors in box , . 
 Qualifications of grand and petit jurors. ... .... 
 
 Schedule of form of revising committee 
 
 petit jurors' attendance 
 Sheriff to collect fines .... .... 
 
 when to draw jury .... .... 
 
 Tales de circunistantihus ; awarded when 
 Treasurer ; jury fees, to keep account of . . 
 
 when not to pay 
 Verdict when juror becomes ill . . . .... 
 
 who may return in civil cases . 
 
 JuBiSDiCTlON. See County Courts, §'c. 
 
 Justices, Appointment, Sj-c. . . 
 Streets, Commissioners of . . 
 
 Supreme Court, 4rc 
 
 Trusts and Trustees .... .... .... 
 
 OF Magistrates in Civil Cases. See Magistrates' 
 
 JuKORS. See Costs and Fees 
 
 JuKY. See Coroners .... .... 
 
 County Courts, &c .... 
 
 Forcible Entry and Detainer . . 
 Magistrates' Courts .... .... 
 
 Supreme Court, S^-c. . . .... 
 
 Lists. See County Incorporations .... 
 
 Juries .... .... 
 
 Justices. See Arbitration . . 
 
 Assessmejits, Municipal. . . . 
 
 County Incorporations . .... 
 
 Coroners . .... .... 
 
 Corporations, Qeneral Provisions respecting 
 Costs and Fees .... .... 
 
 Intoxicating Liquors . . 
 
 Juries .... .... . . ■ • 
 
 Road and Bridge Grants, i-c. . 
 
 Sheriffs . . .... 
 
 Statutes, Promulgation, <kc. .... 
 
 Various other chapters. 
 JUBISDICTION OF IN CiviL Cases. See Magistrates' Courts". . . . 
 Summary Convictions, &c. , By. See Summary Convictions, &c. 
 
 JUSTICES OF THE PEACE, THEIR APPOINTMEIVT AND PBITILEGE8. 722 
 
 Act, justice how compelled to perform, when part of duty 727 
 
 Actions against justice for act within jurisdiction to be action on case. . . 725 
 
 a month's notice of given to justice, how 726 
 
 page 
 
 1173 
 
 .... 1175 
 
 1174 
 
 1174 
 
 .... 1174 
 
 1176 
 
 .... 1169 
 
 ....1175, 1177 
 
 .... 1)70 
 
 1170 
 
 .... 1177 
 
 1172 
 
 ...1172-3 
 
 1175 
 
 .... 1170 
 
 1170 
 
 ...1175-6 
 
 1169 
 
 .... 1171 
 
 1177 
 
 ...1167-8 
 
 1178 
 
 .... 1178 
 
 1175 
 
 ...1172-3 
 
 1177 
 
 .... 1176 
 
 .... . 1177 
 
 .... 1176 
 
 1175 
 
 .... 1147 
 
 724-5 
 
 .... 345 
 
 .... Index 
 
 .... 1207 
 
 Sj-c. . 728 
 
 1257,- 1273 
 
 176 
 
 .1148, 1155-8, 1162 
 
 1260 
 
 ...731, 738-9, 740 
 .... Index 
 
 442 
 
 1169, sqq 
 
 1215 
 
 471-6 
 
 .... .... 442 
 
 177 
 
 573 
 
 1271-2-3 
 
 .... 535, 539, 543 
 ..1168, 1171-2, 1173 
 
 329 
 
 171-2 
 
 3 
 
 728 
 . 742 
 
 Courts, 
 
1354 GENERAL INDEX. 
 
 JUSTICES OP THE PEiCE, THEIR APPOINTMENT AND PRITILEGES 
 
 Continued. paoi: 
 
 Actions brought contrary to chapter to be quashed by judge '726 
 
 how afifeoted by tender of amends or payment into court .... . — 726 
 
 justice not liable to, for acts done under rule. . . .... .... "27 
 
 limitation of ... . .... .... .... .... .... • • • • 726 
 
 malice must be alleged and proved in, when ... .... .... 72.5 
 
 need not be alleged where act not within jurisdiction 72.5 
 
 not to be brought against justice innocently issuing warrant on 
 
 defective conviction, &c ■ . - ■ 725 
 
 in certain cases .... • • . . 725 
 
 until conviction or order 
 
 quashed .... .... 725 
 
 plaintiff in, non-suited where certain facts not proved ... 726 
 
 to recover only nominal damages in certain cases. ... .... 727 
 
 when to recover full costs .... . • • . 727 
 
 proceedings in, where amends tendered .... — . . - . • 726 
 
 venue of, in county where act committed .... .... .... 726 
 
 Affidavit of justice when commission lost . . .... .... ■ . • . ■ • 724, 728 
 
 Allegation of malice and want of cause, when necessary 725 
 
 when unnecessary . . 725 
 
 Amends may be tendered after notice and before action 726 
 
 Appointment of justices by Governor in Council ... 722 
 
 since July, 1867, legalized .... 723 
 
 Clerk of municipality ; certified copy of record of, to be evidence of appoint- 
 ment of justice .... .... .... • • . . 723 
 
 fees of in certain cases 724 
 
 to enter names of justices on roll .... 724 
 
 keep record .... .... .... — . ... 724 
 
 post Gazette notices in certain cases ... .... .... 724 
 
 Chapter, provisions of, to apply to Stipendiary Magistrates 727 
 
 Commission, may include several names ... .... .... .... .... 723 
 
 Commissions existing, not affected by chapter . . .... - ■ . . 723 
 
 Conviction, defective, no action for proceeding under, when . — .... 725 
 
 must be quashed before action against justice .... 725 
 
 Costs.. 726,727 
 
 Duty, justice how compelled to perform .... .... .... .... 727 
 
 Evidence of removal of justice, notice in Gazette to be .... .... 723 
 
 Fees of clerk in certain cases .... .... .... .... - ■ . . 724 
 
 Form of affidavit of justice where commission lost . . .... .... ■ - . . 728 
 
 Governor in Council may notify justices to produce their commissions, when, 724 
 
 remove any justice of the peace, how .... .... 723 
 
 notice of removal by, to be evidence of removal .... 723 
 
 Judge may set-aside proceedings had contrary to chapter ; costs 726 
 
 Jurisdiction ; actions for acts within, to be on case and malice, &c. , to be alleged, 725 
 
 without, not to be brought until conviction quashed, 725 
 
 Justice, appointment of, since July, 1867, legalized .... 723 
 
 how compelled to perform duty .... .... .... .... 727 
 
 losing commission may have his name entered on roll, how. . .... 724 
 
 may be removed, how .... 723 
 
 tender sufficient compensation in certain cases .... .... 726 
 
 Jury, to find verdict for defendant if plaintiff entitled to no more than tendered, 726 
 
 Limitation of actions against justices . .... .... .... .... 726 
 
 Magistrates, Stipendiary, chapter to apply to 727 
 
 Money may be paid into court after action brought 726 
 
 paid into court, how disposed of . . . .... 726 
 
 Notice of one month to be given justice before action, how 726 
 
 removal of justice to be given in Gazette. .... .... 723 
 
 to be evidence of removal ... .... .... .... 723 
 
 Oath of office, before whom sworn 723 
 
 Plaintiff, how affected by tender or payment into court. .... .... 726 
 
 must prove notice, time, venue, &;c .... 726 
 
 when entitled to full costs . 727 
 
 to recover only nominal damages ... .... .... .... 727 
 
GENERAL INDEX. 1355 
 
 JUSTICES OF THE PEACE, THEIR APPOINTMENT AND PRIVILEGES 
 
 —Continued. page 
 
 Powers and privileges of justices .... 723 
 
 Proceedings in case of tender or payment into court .... 726 
 
 to compel justice to perform duty. 727 
 
 Proof, what required on part of plaintiff. . 726 
 
 Record, certified copy of clerk's, to be eiridence of appointment of justice, when, 723 
 
 Removal from office .... .... .... .... .... .... 723 
 
 Roll, parchment to be furnished by government ... .... .... .... 724 
 
 when lost, justice may be ordered to produce commissions. .... 724 
 
 have name entered on, how. ... .... .... 724 
 
 Rule of Supreme Court ; justice not liable to action for acting under 727 
 
 may issue, ordering performance of act by justice. . 727 
 
 Stipendiary Magistrates, provisions of chapter to apply to 727 
 
 Supreme Court may compel justice to do duty 727 
 
 Tender, justice may, or pay money into court 726 
 
 Venue to be laid in county where act committed. . . .... .... .... 726 
 
 Warrant, irregularity in, when no ground for action. ... .... .... 725 
 
 no action against justice issuing, for acts done under, when 725 
 
 Justices' Roll. See Justices Appointmtnt, S^c .... .... .... 724 
 
 Justification or B.«l. See Supreme Court, ^c 916 
 
 K. 
 
 Keeper. See Liberti/ of Subject .... .... 1222-3 
 
 Kin. Poor, Settlement, Sj-c 266 
 
 KlKDKED. Descent of Real and Personal Estate .... 644 
 
 L. 
 
 Labor. See Sewers, DyTced and Marsh Lands 311 
 
 Highway. See Highway Labor 335 
 
 Road and Bridge Grants, Expenditure of.... .... 328-330 
 
 Streets, Commissioners of 348-9 
 
 ON AREAS. Mines and Minerals 76, 77 
 
 Laborers. Road and Bridge Grants, &c 330 
 
 Land and Agricultural Corporations. See Agricultural and Land Corpora- 
 tions .... 304 
 
 Landings, Public. See Bridges and Public Landings 352 
 
 Landlord and Tenant. See Forcible Entry and Detainer 1260 
 
 Rent, Distress for. 1255-59 
 
 Lands, Arbitration. 1219 
 
 Fences, and Impounding of Cattle 513-516 
 
 Frauds and Perjuries 647 
 
 Limitation of Actions 1196-1204 
 
 Public Grounds, Supervisors of 486-7 
 
 Roads, other than certain Great . 326 
 
 Sewers, Dyhe and Marsh. 310-11-12-16 
 
 Statutes, Promulgation, &c 3 
 
 Trusts and Trustees 1208-10 
 
 Lands, Dyked and Marsh. See Sewers, Dyhe, <tc. 308 
 
 Encumbrances on. Deeds, Spc, Registry of 623 
 
 Forfeited to Crown, Escheat of. See Escheating Lands 1261 
 
 OF THE Crown. See Crown Lands 142 
 
 LANDS, PARTITION OF 1239 
 
 Absent parties ; notices to, how to be given 1240 
 
 publication of ordered by court 1240 
 
 proceedings in cases of, how conducted 1240 
 
 Amendments in proceedings allowed at any time 1239 
 
1356 GENERAL INDEX. 
 
 LANDS, PARTITION OF-Continued. page 
 
 Appearance ; court may order further notice for want of 1240 
 
 may be joint or several by defendants 1240 
 
 of person not named in petition 1244 
 
 procedure where no opportunity of putting in 1240 
 
 rights of party not appearing, how affected . • 1243-1244 
 
 Application for, by whom and how to be made 1239 
 
 Commissioners ; appointment of after passage of rule 1241 
 
 before whom sworn, and to what effect. . 1241 
 
 certificate of oath to be made in warrant 1241 
 
 duties of prescribed and defined 1242-3 
 
 when new partition ordered 1243 
 
 expenses of, how ascertained and allowed 1246 
 
 notices to be given by, and to whom 1241 
 
 procedure by, where property not easily divisible .... 1242 
 
 returns by, how confirmed, filed, &c. 1243 
 
 may be set aside by court 1243 
 
 three to meet ; act of two to be valid 1242 
 
 Continuance may be ordered where party absent 1240 
 
 Costs of proceedings, how taxed, and by whom paid 1241, 1246 
 
 Counties ; where lands lie in different, what proceedings.. 1243 
 
 Death of party need not abate suit ; procedure, &c. 1246 
 
 Default; proceedings in case of, regulated, &c. 1241 
 
 Defendants may appear and plead jointly or separately 1240 
 
 Division in case of intestacy or under will in certain cases, 1246-7 
 
 wlien cannot be made by metes and bounds 1246-7 
 
 who compellable to make under chapter 1239 
 
 Duration of as between tenants for years 1239 
 
 Guardian ; court or judge may assign in certain cases .... 1240 
 
 Heir or devisee ; rights of, how affected in certain cases 1245 
 
 Heirs declining to accept estate 1246-7 
 
 Improvements ; compensation for, in new partition 1244 
 
 Judge ; order of when liable to be rescinded 1246 
 
 power of to direct execution of deed 1247 
 
 Judgment ; final upon whom, &c., conclusive 1243 
 
 •lien by mortgagee, &c. , how affected by 1246 
 
 part owner absent not bound by 1243 
 
 persons not appearing, &c., not concluded by 1244-5 
 
 titles under, how considered to be held 1246 
 
 Liability ; in case of sole occupancy by tenant in common .... 1242 
 
 of tenant in case of exclusive occupancy 1242 
 
 Lien by mortgagee, &c., how affected by judgment 1246 
 
 Partition ; duration of, as between tenants for years 1239 
 
 duties of commissioners on, regulated, &c. 1241-2 
 
 may be by wi it at common law. . . 1239 
 
 new, court may order in certain cases . . 1243 
 
 part owner may apply for within three years, when . . 1243 
 
 notice of time to be given to parties interested 1241 
 
 proceedings where two persons claim same share 1244 
 
 rule for, how made in certain, cases .... 1246-7 
 
 remedy where eviction by paramount title .... 1245 
 
 titles made under, how considered as held 1246 
 
 where, cannot be made, procedure 1246-7 
 
 Petition ; application by, to be made to Supreme Court 1239 
 
 by whom may be maintained, &c.. 1239 
 
 commencement of proceedings to be by. . 1239 
 
 contents of, what essential, and how amended. . 1239 
 
 filed as declaration, and procedure thereon 1240 
 
 pleadings and replication to, regulated 1241 
 
 Petitioners'; shares may be set off jointly or severally 1241 
 
 Proceedings may be taken, before whom .... 1246 
 
 Registrar of deeds ; certified copy of return to be filed with 1243 
 
 Return may be set aside by court when 1243 
 
 Shares may be set off jointly or severally 1241 
 
GENERAL INDEX. 1357 
 
 LANDS, PARTITION OP-Continued. page 
 
 Summons to appear and answer ; when to issue, &c 1240 
 
 Tenants ; for years, when division may be obtained by 1239 
 
 duration of tenancy as between tenants in certain cases 1239 
 
 in common, when compelled to divide .... 1239 
 
 in sole occupancy, liability of 1242 
 
 liable for misconduct, when . 1242 
 
 Lands, Private. See Miiici and Minerals .... , 73, 80, 90 
 
 Registrt of Deeds and Encumbrances affecting. See Duds, ^c 623 
 
 Kequired for HosriTAL FOR Insane. See Lunatics, dec 292-3 
 
 LANDS, SALE OF UNDER EXECUTION 1249 
 
 Advertisement ; contents of where and how long published 1252 
 
 Appraisement not necessary on levy under execution ) 252 
 
 Assignee if bankrupt, plaiiititt' may sell, how , -1253 
 
 Certificate ; effect and form of given to purchaser. . 1250 
 
 purchaser to receive from mortgagee in purchase 1250-1 
 
 Cestui que. trust ; interest of may be levied on and sold 1251 
 
 Deed of sheriff; effect of as respects purchaser at sale .... 1252 
 
 presumptive evidence of conveyance of title. ... 1252 
 
 Defendant ; how execution to issue on death of 1250 
 
 Decree ; final, when to bind real estate 1249 
 
 release partial of not to afifect validity 1249-50 
 
 Execution against lands may be issued when 1251 
 
 effect of sale under as regards purchaser 1250 
 
 when defendant dies 1250 
 
 Interest of corporation or cestui que trust may be levied on, &c 1251 
 
 mortgagor may be levied on, sold, &c. . . 1250 
 
 Judgment ; real estate of debtor, when bound by 1249 
 
 release, partial not to affect validity of .... 1249-50 
 
 year must elapse from registry before levy. . . 1251 
 
 when to bind land of corporation, &c. . ...... 1251 
 
 Levy ; appraisement not necessary under. ... 1252 
 
 compellable by subsequent creditors, when . 1251 
 
 if not made after notice . 1251 
 
 may be on whole or part of lauds in county . 1251 
 
 plaintiff may order on what land to be made 1251 
 
 on interest of mortgagor. ... 1250 
 
 Mortgagee ; certificate to be given by, its form and effect. 1250 
 
 may be purchaser at sale 1251 
 
 Mortgagor ; interest of may be levied on and sold 1250 
 
 vested in purchaser at sale. .... 1250 
 
 Purchaser shall become landlord of tenants . . 1253 
 
 what rights, &c., vested in by sale 1250 
 
 Royal Gazette ; advertisement published in, how long 1252 
 
 Sale ; within what time after advertisement 1252 
 
 under execution to place purchaser in place of mortgagor 1250 
 
 when land in two counties 1253 
 
 Sheriff's deed ; its effect and evidence of what 1252 
 
 Surplus proceeds ; by whom returned and how paid 1253 
 
 Titles made previously to 10th April, 1841 . . 1253 
 
 Writ of possession ; how obtained, &c. 1 253-4 
 
 form of.... 1254-5 
 
 LANDS, SALE OF UNDER FORECLOSURE OF MORTGAGE 1247 
 
 Absent or absconding debtor ; procedure where mortgagor is 1247 
 
 when entitled to re-hearing 1248 
 
 Actions for money secured by mortgage ; payment into court in 1247 
 
 re-conveyance when ordered 1247 
 
 Advertisement ; how and from what time to be made 1248 
 
 Court Supreme ; one judge may exercise power of . 1248 
 
 powers of court of chancery vested in . . . 1248 
 
 when may compel re-conveyance . 1247 
 
1358 GENERAL INDEX. 
 
 LiNDS, SALE OF CSDER FORECLOSURE OF MORTGAGE-Contlntied. 
 
 FAQIt 
 
 Deed of sheriff; effect of and of What evidence 1248 
 
 to whom to be made . 1248 
 
 on death, removal, &e 1249 
 
 Defendant entitled to re-conveyance in certain cases 1247 
 
 re-hearing in certain cases 1248 
 
 Ejectment ; proceedings where mortgagor absent debtor 1247^8 
 
 Mortgagee may purchase at "iale . . . . i . 1249 
 
 Notices to be given where others than mortgagor interested 1248 
 
 within what time to be served 1248 
 
 Possession ; writ of may be awarded on judgment.. ...... 1248 
 
 Sale ; advertisement of, how made and for what period ... ...... 1248 
 
 court may order in default of payment . . 1248 
 
 of lands in adjoining counties ...... ...... ...... 1249 
 
 mortgagee may purchase on sale ...... . . 1249 
 
 proceeds of, how to be paid and applied 1248 
 
 Sheriffs deed ; effect of as respects purchaser at sale ...... 1248 
 
 presumptive evidence of certain facts ...... 1248 
 
 Lapsed Legacies. See Wilis of Seal and Personal Estate 640 
 
 Laying out and Management of Certain Great Roads. See Roads, Certain 
 
 Great, ^c 321 
 
 OF Roads other than Certain Gbkai Roads. See Roads other than 
 
 certain Great ...... 325 
 
 Leases. See Deeds, 4rc., Registry qf 623 
 
 Frauds and Perjuries 647 
 
 Mines and Minerals . . ...... Index 
 
 Legacies. See Executors, Administrators., and Trustees ...... 1205 
 
 Limitation of Actions ...... 1201 
 
 Probate Court ... 697, sqq 
 
 Wills, (L-c. 637, sqq 
 
 Lesatbe. See Executors, Administraiors, ^c 1205 
 
 Probate Court 697 
 
 Wills, i-c 637 
 
 Legislation of Canada, not Contravened. See Canada, ^c. ...... Indexes 
 
 Legislative and Executive Disabilities. Legislature .... 7-15 
 
 Councillors. See Legislature ..... ...... 7-15 
 
 Library. See Library, Legislative ...... 154 
 
 LEGISLATURE 7 
 
 See Election of Members of House of Assembly Index 
 
 Elections, Controverted, of Mernbers of House of Assembly, and 
 
 Corrupt Practices ' . Index 
 
 Action, against members of house, does not lie for acts, &c. , in house . . 12 
 
 publishers of reports, when stayed. . ...... 14 
 
 evidence in, under general issue 14 
 
 journals prima fade ...... 14 
 
 AfiBdavits for use before committees sworn before clerks, &c, 11 
 
 Chapter not to be construed to conflict with Dominion Legislation, &c 15 
 
 Committee, meaning of term . . 10 
 
 Decision of the proper house, final. ... , ...... ...... 13 
 
 Disabilities, &c. , of certain ofSeers ...... 8-9 
 
 membeis of house accepting ofiEices 9 
 
 of commons of Canada 10 
 
 senate of Canada ... 10 
 
 persons disqualified under Dominion election law . , 10 
 
 removal of by resignitfg office .... 9 
 
 void, appointment or election ...... ...... 9 
 
 Duration General Assembly, four years 8 
 
 not determined by demise of Queen ...... 8 
 
 House, meaning of term . ...... ...... 10 
 
 House of Assembly ; composition of ..... . ...... 8 
 
 duration of ...... . , 8 
 
GENERAL INDEX. 1359 
 
 LEGISLATURE— Continued. page 
 
 House of Assembly ; qualification of members of 8 
 
 representation in, to be by counties 8 
 
 seat of member vacated by accepting certain ofiSces 8, 9 
 
 becoming a senator 10 
 
 a candidate for house 
 
 of commons 10 
 
 notice of resignation 8 
 
 speaker vacated by declaration or notice . . 8 
 
 vacant, how filled 8 
 
 Houses, The, are courts of record ...... 13 
 
 authority of, person acting under, is privileged 12, 14 
 
 journals of, prima facie, evidence in questions of privilege, 11 
 
 meaning of term 10 
 
 members not liable to action for speech, &c. , in house ... 12 
 
 to promote bills for reward, &c 14 
 
 penalty on, for promoting bills for reward, &c. . . . 14 
 
 sitting or voting when not qualified , ... 9, 10 
 
 privileges of, from arrest ,.,... .,,... 12 
 
 jury service ...... 12 
 
 ofi:ences against . , 12, 13 
 
 powers and privileges of, generally .. 10,11 
 
 to imprison 13 
 
 make and enforce rules .... 13 
 
 privileges and powers of, generally 10, 1 1 
 
 Imprisonment for violating chapter, by determination of either house ...... 13 
 
 Journals purporting to be printed by authority of house, prima facie, evidence 
 
 in question of privilege 11, 14 
 
 Legislative Councillors ; appointment of*. . . . ...... 7 
 
 seat of, vacated by absence for two sessions 8 
 
 accepting certain ofi[ice8 . . 8, 9 
 
 becoming a sfenator . ...... 10 
 
 a candidate for house of 
 
 commons 10 
 
 Members of Houses, not to pi'Omote bills for reward, &c 14 
 
 privilege of, as to speech and acts in house ...... 12 
 
 from arrest .... 12 
 
 jury service 12 
 
 ■ Number of members of assembly, thirty-eight, &c. . 8 
 
 Offences against the Houses. . . 12, 13 
 
 Oflaces which member may hold 9 
 
 not hold 8, 9, 10 
 
 Penalty for infringement of chapter. . 13 
 
 member promoting bills for reward to self or law -partner . '. 14 
 
 sitting or voting when not qualified ...... 0, 10 
 
 Powers and privileges of the houses generally ...... ...... 10 
 
 to imprison for offences ...... ...... ...... 13 
 
 make and enforce rules 13 
 
 Privilege of members as to speech and acts in house ...... 12 
 
 from aiTest ...... 12 
 
 jury service 12 
 
 person acting under authority of house 12, 14 
 
 Seat of Councillor vacated by absence for two sessions . ; 8 
 
 accepting certain offices .... 8, 9 
 
 nomination, &c., to house of commons, 10 
 
 senatorship ,..,.. 10 
 
 Member of house of assembly vacated by accepting certain offices, 8, 9 
 
 nomination, &c. , to 
 house of commons, 10 
 
 senatorship 10 
 
 notice of resignation ... 8 
 
 Speaker of he use cf assembly vacated by declaration or notice 8 
 
 vacant, how filled ...... ...... 8 
 
 Speaker, how to vacate his seat as speaker ...... ...... 8 
 
1360 
 
 GENERAL INDEX. 
 
 lEGISLATUKE-Continiied. 
 
 Witness ; attendance of may be compelled . . 
 
 examined under oath 
 
 oath of before committee 
 
 Letters of G0AKDIANSHIp. See Guardians and Wards 
 
 Levy. See Lands, Sale of binder Exe.culion 
 
 Supreme Court, ^c. 
 
 LlEEIi. II It .... 
 
 LIBERTY OF THE SUBJECT 
 
 Certain Imperial Acts to be in force in province 
 
 Civil remedy of party illegally imprisoned provided for 
 
 Common law right to habeas corpus not abrogated 
 
 Court and judges to have same power as in England 
 
 or judge may grant habeas corpus 
 
 order instead of writ .... . . . . 
 
 reijuire production of proceedings .... 
 
 Discharge of prisoner by keeper, regulation concerning 
 
 Equitable principles may be applied in motions, &c 
 
 Exemption of keeper from action in certain cases ... 
 
 Habeas corpus ; application for writ, bow made and granted 
 
 common law right not abrogated . . 
 
 court or single j udge may grant 
 
 power of as regards proceedings 
 
 equitable principles applicable to motions for 
 
 Illegal imprisonment ; civil remedy for not affected 
 
 Keeper ; discharge of prisoner by in certain oases provided for 
 
 exempt from civil action in certain cases . . 
 
 return to order, proceeding* after making 
 
 to be made and how enforced 
 
 to communicate order to prisoner and furnish copy 
 
 Neglect or disobedience of rule and how punishable 
 
 Order ; copy of to be furnished to prisoner by keeper 
 
 granted instead of habeas corpun and effect of 
 
 proceedings had after keeper's return to 
 
 return to by keeper how made and enforced 
 
 may be decided on by another judge. . . . 
 
 Right remedies, &c., extended to inhabitants of province 
 
 Supreme Couro ; powers of English court conferred on . . . 
 Libraries, Sohool. See Pablic Instruction 
 
 LIBRARY ASSOCIATIONS AND INSTITUTES 
 
 Affairs of corporation managed by directors and trustees . . 
 
 By-laws, how made ; not to conflict with declaration 
 
 produced in evidence in action 
 
 Corporation may combine association and institute 
 
 members of, competent witnesses, &e. . 
 
 Declaration, duplicate, of intention to form, how made. . . 
 
 filed in office of registrar of deeds 
 
 registrar to certify and re-deliver copy of ... . 
 statements necessary to be contained in 
 to be in duplicate, execution how to be proved 
 what sum necessary for formation of . . 
 
 Directors ; election and term of office of 
 
 Election of officers and trustees ; how and when made 
 
 Fine for contravening by-laws, &c 
 
 how recoverable and applied .... 
 
 Formalities being complied with, incorporated 
 
 Incorporation of associations, &c., already established 
 
 Meeting, annual ; officers to be elected at, &c. 
 
 Real estate ; limitation as to amount to be held by. 
 
 Recovery of fines and subscriptions, mode of. 
 
 Registrar of deeds to certify and deliver declaration 
 
 file duj lioate in office . . 
 
 PAGB 
 
 11 
 11 
 11 
 
 ... 688 
 
 12.50-52 
 
 . . . Index 
 
 Index 
 
 , ... 1221 
 
 1221 
 . .. 1223 
 
 1221 
 . .. 1221 
 
 1221 
 
 ... 1J21 
 
 1222-3 
 
 . .. 1223 
 
 1221 
 ... 1223 
 
 1221 
 ... 1221 
 
 1221 
 . . 1222-3 
 
 1221 
 .. 1223 
 
 1223 
 ... 1223 
 
 1222 
 ... 1222 
 
 1222 
 ... 1223 
 
 1222 
 ... 1221 
 
 1222 
 ... 1222 
 
 1223 
 ... 1221 
 
 1221 
 ... 219 
 
 , 606 
 .'. .. 607 
 
 608 
 . . . . 609 
 
 609 
 . . . . 609 
 
 606 
 . . . . 606 
 
 606 
 . ... 6)6 
 
 606 
 . . . . 606 
 
 608 
 . . . . 608 
 
 608 
 . . . . 608 
 
 607 
 , . . . 607 
 
 608 
 ... 607 
 
 608 
 ..606-607 
 
 606 
 
GENERAL INDEX. 
 
 1361 
 
 LIBRARY ASSOCIATIONS AND INSTIIUTES-Contlnned 
 
 Trustees ; election of, when to take place 
 
 on failure to elect, those in office to continue . . 
 term of office of, limited ... 
 
 LIBRARY, LEGISLATIVE 
 
 Amalgamated with library N. S. Historical Society .... 
 
 Both under control of " Nova Scotia Library Commission " 
 Commission, how appointed . .... .... 
 
 Commissioners may make by-laws foi library 
 
 to report annually to legislature 
 Governor, ex officio president of commission 
 Librarian appointed by Governor-iu-Council. . . 
 
 License. See Church of England .... 
 
 Intoxicating Liquors, Ac. . . 
 
 Marriage. Solamnization of ... . 
 
 Ptbhlic Exhihitions .... 
 
 OF Occupation. See Immigrants .... 
 
 Mineif and Minerals 
 Mf.dicine and Hu yery . 
 Mines and Minerals. 
 Probate Court . . 
 Mines and Minerals 
 Church of England . . 
 es and Minerals 
 
 PbOSI'BCTING. 
 
 TO Practise. 
 Search. 
 Sell. 
 Work. 
 Licensed Clergyman. 
 
 Mills. 
 Licenses fob Sale of Intoxio atin g Liquors. See Intoxicating lAquors, tbc. 
 
 page 
 
 608 
 608 
 608 
 
 164 
 
 ir>4 
 
 154 
 
 154 
 
 1.54 
 
 154 
 
 154 
 
 154 
 
 ..185,189 
 
 Index 
 
 .. 656-60 
 
 52-2 
 
 .... 560 
 
 75, 79, 80 
 
 ..199-203 
 
 89, 90 
 702, 703 
 
 90, 91 
 .... 185 
 
 80-83 
 .... Index 
 
 LIEN I3f FAVOR OP MECHANICS AND OTHERS ... 
 
 Action ; common law right of, not abridged by having lien . . 
 Arbitration ; sub-contractor's claim to be settled by .... 
 
 Contract ; evidence of must be in wriiUjig .... 
 
 Contractor and sub-contractor ; meaning of terms. . .... 
 
 Leasehold ; fee-simple, how charged . . 
 
 Lien ; attaches if agreement and statement be filed in registry 
 upon estate, legal and equitable, of the debtor 
 and realty connected with it, 
 
 fee-simple if owner executes contract and signs statement 
 
 of claim 
 , if registered, 90 days after work done, &c. 
 unregistered, ,30 n n n n 
 
 discharge of, how registered, &c 
 
 when ordered by the court 
 
 holders of, to rank pari passu .. .... 
 
 retain common law right of action 
 limitation' of in certain cases . . .... 
 
 mortgage, priority over .... .... 
 
 personal representatives take on death of lien holder 
 proceedings for recovery of .... ... 
 
 pro tanto, satisfaction of, by payment, &c. 
 
 registered, when to cease . . 
 
 registry of, how made . .... .... 
 
 vacation of ... . .... ... 
 
 unregistered, when to cease ... 
 
 vacation of, registry of 
 
 Mortgage ; priority of 
 
 Proceedings ; chambers, orders may be granted at, 
 cost of, in discretion of court . . 
 court In which to be had, for recovery of claims 
 how commenced and prosecuted . 
 lien holders— any number — may join In same petition 
 matters may be referred to master or examiner . . . 
 notice must be given to all other lien holders. 
 
 87 
 
 .. 623 
 634 
 . . 632 
 628-9 
 .. 628 
 629-63U 
 
 office 629 
 
 the work 
 
 629 
 
 629-6.30 
 632 
 632 
 631 
 634 
 634 
 634 
 629 
 629 
 634 
 632-4 
 
 630-631 
 632 
 631 
 634 
 632 
 634 
 629 
 634 
 633-4 
 632 
 633 
 633 
 633 
 633 
 
1362 
 
 GENERAL INDEX. 
 
 LIEN IN FATOR OF MECHASICS AND OTHERS— Conlinned. page 
 
 Proceedings ; owner of building, &c., must be made a party. ... .... . 633 
 
 plaintiff's death, &c., who may proceed, &c, . . .... 634r 
 
 property not to be removed pending proceedings. . . .... 634 
 
 refusal to discharge lien, how dealt with 6.34 
 
 time within which to commence , .... .... .... 63i 
 
 Registrar, fees and duties of ... , .... . . . .> .... .... .... 631 
 
 Statement of claim, and agreement ; time for registering and filing in registry 
 
 office .... .... 631 
 
 contents of, and verification of. .... 631 
 
 effect of registry and filing — lien holder deemed a pur- 
 chaser, pro tanto . . 631 
 
 fees and duties of registrar . . .... .... .... 631 
 
 form of 631,6.35 
 
 registration of .... .... .... .... .... 631 
 
 Unpaid accounts for labor, &c. ; debtor to lien holder may pay in pro tanto 
 
 satisfaction of lien .... .... 630 
 
 how secured .... .... 630 
 
 validity or amount of, how determined 630 
 
 Lien of Mortoaoe. See Lands, Partition of 1246 
 
 Life Insubance. Married Women, Property of .... .... 664 
 
 Lights. See Limitation of Actios .... 120.3 
 
 LI.niTATION OF ACTIONS 1196 
 
 Abatement for non-joinder ; issue on plea of, how found 
 
 Access and use of light for 20 years ; right indefeasible 
 
 Account or for not accounting ; aotion when to be brought .... 
 
 Acknowledgment of title to ; to what equivalent . . .... 
 
 or part payment, effect of in action on specialty 
 
 replication as to .... .... 
 
 to take case out of statute, in action on simple contract 
 what necessary 
 Actions against minors, &c. , when must be brought ... .... 
 
 persons out of province, when to be brought 
 by minors, &c. , when to be brouglit . . .... .... 
 
 of account, &c. , between merchants, when to be brought 
 not to be brought but within 40 years after right accrued 
 in demise for rent, specialities, (fee. , when to be brought 
 right of as regards land, &c., when deemed to accrue . . 
 under particular statutes, exception as to. . .... 
 
 when judgment reversed, new,, when to be brought . . 
 which require to be brought within one year .... 
 
 six years . . 
 sixty years .... 
 
 twenty years . , 
 Assault, battery, &c. ; action for, when to be brought .... 
 
 Assumpsit, action of ; when to be brought .... 
 
 Bill of exchange, &c-; endorsement by payee not sufficient. . 
 Bond or other specialty ; action on, when to be brought 
 Case ; action upon for words, when to be brought. . .... 
 
 Claim for land or rent by Her Majesty ; limitation as to 
 Continual or other claim ; not to preserve right of entry, &c. 
 Co-parcener, &c. ; possession of not to be possession of others . . 
 
 Coverture ; limitation of ts respects, in certain actions 1200, 
 
 Debt 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 
 
 Disability, persons under ; how long allowed to commence action 
 Distress or entry ; limitation of time in which to make .... 
 right to make when first accrued .... 
 within what time to be made . . .... 
 
 Dower ; action in respect of, when must be brought 
 
 Easement ; claim to in certain cases when not defeated 
 
 1197 
 . 1203 
 
 1197 
 . 1200 
 
 1202 
 1202-3 
 
 1196 
 . 1196 
 
 1197 
 . 1197 
 
 1197 
 . 1197 
 1200-1 
 1201-2 
 8-1199 
 . 1202 
 
 1)98 
 . 1197 
 
 1196 
 . 1204 
 
 1203 
 . 1197 
 
 1)96 
 . 1197 
 1201-2 
 . 1197 
 
 1204 
 . 1200 
 
 1200 
 
 1204 
 
 1196 
 .... 1197 
 
 1201 
 .... 1196 
 
 1200 
 .... •119K 
 1198, 1199 
 .... 1200 
 
 1201 
 .... 120.3! 
 
 1202, 
 
GENERAL INDEX. 1363 
 
 ttMtTATION or ACTIONS-ConflnHcd. pack 
 
 Easement ; right to, indefeasible, if enjeyed for 40 y«ars .... .... 1203 
 
 term of years when excluded from computation. .... .... 1203 
 
 Endorsement of payment on bill of exchange, not sufficient 1197 
 
 Entry on lands 4 limitation of time f ov marking .... .... 1 1 98 
 
 person making not thereby deemed in possession " 1199 
 
 •right when accrued in certain cases . . .1198-9 
 
 Executors, &o, ;, acknowledgment, what sufficient .... .... .... 1 196 
 
 Insane persons ; action by or against, whon to be brought . . .... .... 1 197 
 
 Interest, arrears of j how many years recoverable .... .... .... 1 201 
 
 illegal ; action for taking, when to be brought .... .... .... 1 1 97 
 
 Joint contractors, &c.-; acknowledgment, what sufficient .... 1196 
 
 debtor not «ut of ■province ; case of . ... 1 197-8 
 
 ■Judgment ; action upon, within whet time to be brought .... 1201 
 
 reversed ;, action may be commenced one year after .... .... 1 198 
 
 ■Lands ; action for recovery of, when to be brought .... .... .... 1198 
 
 right of when deemed to have accrued .... .... 1198-1199 
 
 <:ontin«al or other claim not to preserve right., .... .... 1200 
 
 entry on, not to be considered as possession .... 1 199 
 
 no action within 40 years after right accrued . . .... 1200 • 
 
 persons under disability, provisions respecting .... .... 1200 
 
 possession of co-parcener, &c. , not possession of others.. .... 1200 
 
 •rent or interest charged upon ; how much recoverable .... .... 1201 
 
 title, acknowledgment of, what equivalent to . . 1200 
 
 Legacy,; actioji upon, when to be brought. .... .... .... .... 1201 
 
 Light ; access to and use of, when indefeasible . 1203 
 
 Halifax city not included in section .... .... 1 203 
 
 Married women ; actions by or against, when commenced .... .... 1197 
 
 disaUlity of, provided for 1200, 1202, 1 204 
 
 Minors ; actions by or against regulations respecting .. .... 1197 
 
 disability of, provided for 1200, 1202, 1204 
 
 Mortgage ; action upon, wlwa to be brought . . .... 1201 
 
 provision in case of part payment, &c. . ..... .... 1201 
 
 Prescription ; calculations as respects interruption to. . . .... 1203 
 
 (Presumption not allowable for less period than prescribed . . .... 1204 
 
 Province, persons absent from ; provisions respecting .. .... 1197-8 
 
 -Rent ; action for, within what time to be brought 1198 
 
 arrears of, within -vi'hat time recoverable .... .... 1201 
 
 cases of disability with regard to, provided for ' 1202,1204 
 
 claim of Her Majesty limited to 60 years 1204 
 
 no action to be brought after 40 years, &c. . . .... ...1200-1 
 
 persons under disabilities, provisions regarding .... 1202, 1204 
 
 receipt for, provisions regarding, in certain cases .... .... 1200 
 
 Replevin ; action for, within what time to be brought 119B 
 
 •Set off ; statute to apply to .... .... . • . . .... .... 1 197 
 
 ■Specialities ; actions upon, within what time to be brought 1201-3 
 
 ■Statute ; promise to take case out of, to be in writing 1196 
 
 Statutes ; action under certain, when exempted 1202 
 
 Term of years.; calculation of in certain cases, how deemed .... 1203 
 
 excluded irom computation in certain cases 1204 
 
 Trespass ; for assault, battery, &c. , when to be brought ] 197 
 
 gtmrfclatisumf regit; -when to he brought 1196 
 
 Trover, action of ; within what time to be brought 1196 
 
 Way, water course, i&c. ; claim to not defeated, when 1203 
 
 right to when deemed indefeasible 1203 
 
 term of years, when excluded in computation . . 1204 
 
 liiMiTA.TiON OF AoTlONS. See Assessments, County ■. 477-8 
 
 Constables, Protection of ISO 
 
 Costs and 'Fees.- 1263 
 
 Election, Controverted, ^e 64 
 
 Executors, Administi-ators, ^c. ... .... 1205 
 
 ■Intoxicating Liquors, dc 542 
 
 •Justices of the Peace, Src 726 
 
 Medicine caid Surgery 204 
 
1364 
 
 GENERAL INDEX. 
 
 Limited Partnerships. 
 Limits of Jail Yards. 
 
 See Partverahipg ... 
 
 County Incorporations 
 
 Jails and County Buildings .... 
 Line or Street. See Streets, Commissioners of, . .. .... 
 
 Lines and Boundakies. .See Common Fields. 
 
 Lists. See Highway Labor .... .... .... .... 
 
 Juries. . .... .... .... .... .... 
 
 Loan, Provincial. See Public Officers, Certain, Jic. 
 
 Lock-up Houses. See County Incorporations . .... 
 
 Jails and County Buildings . .... 
 
 Keeper or. See Costs and Fees .... .... .... 
 
 Logs. See Rivers, Conveying Timber, itc. .... .... 
 
 Loup-Cerviers. See Birds and Animals 
 
 Lumber. See County Incorporations .... .... .... 
 
 AND Timber, Conveying of on Rivers, &c. See Rivers, 
 
 Inspection of. See Inspection, ^c 
 
 Lumbering, ^e Croum Landx.. 
 
 Lunatic Paupers. See Lunatics, Custody, ^c. .... 
 
 Poor, Settlement, ikc 
 
 PAGB 
 
 616-19 
 
 446 
 
 181-3 
 
 349-50 
 
 318 
 
 338 
 
 Index 
 
 162 
 
 446 
 
 181 
 
 1273 
 
 , 520 
 
 531 
 
 , 447 
 
 Conveying, die. 518 
 
 523 
 
 144,145 
 
 .... 288, 290, 291 
 266 
 
 LUNATICS, CUSTODY ASD ESTATES OF 281 
 
 Admission of lunatics to hospital for insane ; how regulated .... .... 286 
 
 Apprehension of lunatics under warrant, if at large .... 281 
 
 expense of, how allowed and paid .... .... 283 
 
 3?ond to be given by guardian ; conditions therein . • .... .... .... 283 
 
 action on ... . . . .... .... .... .... 283 
 
 By-laws for hospital for insane ; bj whom made ... .... 286 
 
 Certificate of insanity, prior to admission to hospital ... .... .... 286, 288 
 
 commitment to jail. .... .... .... 284 
 
 Charges of maintenance, &c., how paid, where no property .... 281 
 
 Commissioners of public charities ; admission of patients into hospital by ... . 286 
 
 bond to be given to in case of paying 
 
 patient 287 
 
 discharge of patients by, on certificate of 
 
 recovery . .... .... 289 
 
 discharge of patients by, on conditions in 
 
 certain cases .... .... 290 
 
 disputes as to municipalities, &c., charge- 
 able, settled by 287 
 
 expense of maintenance, he., may be col- 
 lected by 288 
 
 financial and general management of hos- 
 pital, vested in . .... 286 
 
 may bring action on maintenance bond 283 
 rate of charges may be altered by, in certain 
 
 cases .... .... .... 289 
 
 right of entry on lands to lay pipes, &c . . . 290 
 when fux-ther land required, procedure 
 
 pointed out .... .... 292 
 
 Committee of Justices ; appointment, duties, of, &c, .... .... , ,290, 291 
 
 in Halifax 291, 292 
 
 Commitment, warrant of, how issued, &c , .... 287 
 
 Definition of terms used in chapter . .... .... .... .... 293 
 
 Discharge of patients, conditionally 290 
 
 on recovery, &e. .... .... .... .... 289 
 
 Estate of lunatic ; provision, where exhausted, &c. .... 289 
 
 Examination of insane person or dangerous idiot, how conductecf .... 284 
 
 lunatic with criminal intent, &c. ... .... .... .... 284 
 
 payment of expense of, by whom made ... .... 284 
 
 Evidence, how taken in certain cases 282 
 
 Forms used to carry out provisions of chapter . . .... .... 294-297 
 
 ■Guardian ; appointment of, how made, &c. .... .... .... 281 
 
 bond, with special conditions, to be given by . . , . .... 283 
 
GENERAL INDEX. 
 
 13^5 
 
 LUNATICS, CUSTODY AND ESTATES OF-Continued. 
 
 Guardian ; deed to be executed by, in case of sale of estate. .... 
 
 estate of lunatic may be sold or mortgaged by .... .... 
 
 just debts of lunatic to be paid by, &c. . 
 
 removal of in certain canes provided for 
 
 representative of lunatics in suits, &c . . .... .... 
 
 wards, costs of opposing application, how paid .... 
 
 Hospital for insane ; admission of patients into, how regulated, &c . . 
 
 statement preparatory to 
 
 by-laws for government of, by whom made 
 
 entry on lands to lay pipes in connection with 
 
 exemption of officers of from j uries, &c. .... 
 financial and general management, in whom vested . 
 lands, when required for ; procedure, mode of, &c. , 
 medical assistant ; appointment, duties, salary of . . . 
 
 superintendent ; appointment, duties, salary of. 
 
 object and title of institution .... .... 
 
 terms " hospital," " hospital for insane," d-efined .... 
 
 visitors ; who entitled to be, ere ojfieio 
 
 Insanity ; cases to be investigated by justices and sheriflE. ... .... .... 
 
 Lands required for hospital ; application for, by petition to supreme court 
 
 arbitrators, appointment and powers of .... 292, 293 
 
 award of, how made, dealt with, &c. 293 
 amount of, how disposed of . . 
 
 order nin, granted and published, &c 
 
 proceedings on petition to supreme court .... 
 title of land vested in commissioners, and how 
 Medical assistant ; ap^jointment of, &c. ... .... .... .... .... 
 
 practitioner ; qualification of, &c 
 
 superintendent, appointment of, &c .... .... 
 
 Overseers of poor ; expenses how refunded to .. .... ... .... 
 
 Pauper luuatics i committees as to expenses of, appointment and duties of . , . 
 
 powers of to modify order, 
 
 • &c 290; 
 
 remuneration for services of . , 
 sums recovered to be paid into 
 
 treasury 
 
 expenses of, in hospital, a -municipality charge 
 
 Municipal Council refusing, &c. , supreme court may amerce 
 relations to contribute towards maintenance of . , . . .... 
 
 Scbedule of forms 294-297 
 
 Supreme court may amerce in eeiiain cases .... . . , . . .... 288 
 
 term defined , .... . .... .... 293 
 
 Title, and o^bjects of hospital for insane .. , , .... ..., 285 
 
 Visitors ex officio of Jiospital ; who entitled to be 286 
 
 PAGE 
 
 282 
 282 
 282 
 
 282-283 
 282 
 282 
 286 
 286. 
 286 
 290 
 290 
 286 
 
 292, 293 
 2S6 
 286 
 285 
 293 
 28S 
 287 
 292 
 
 293 
 
 292 
 292 
 293 
 286 
 285 
 286 
 285 
 290 
 
 291 
 291 
 
 291 
 
 2S8 
 288 
 29(* 
 
 M. 
 
 Madmen. See Lunatics, Cnstody, dkc. 
 Magistrates, Civil Jueisdicxiok of. 
 
 See Magistrates' Courts 
 Costs and Feds . ., . 
 
 MAGISTRATES' COURTS, CIVIL PROCEDURE IN ... . 
 
 Action, cause of ; particulars to be filed before writ issu«d 
 Affidavit for capias, what to contain, aad form of . . 
 
 of service .of writ, when necessaj'y , &c 
 
 on appeal, by whom naade, 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 clerk of county court.. . . 
 
 partie9 confine^ to .original .case 
 
 
 ,, 281 
 
 
 728 
 
 
 1271-2 
 
 
 728 
 
 
 7.30 
 
 
 729,737 
 
 
 731 
 
 
 733 
 
 
 740 
 
 
 733 
 
 
 .... 734, 741 
 
 
 7.34 
 
 • .... 
 
 734 
 
13&6 
 
 GENERAL INDEX. 
 
 where 
 
 &G. . 
 
 MAGISTRATES'^ COURTS, CIVIL PROCEDURE 15— Contiiiusd 
 
 Appeal ; proceedings by appellant, justices,. &c 
 
 sureties to bond may render appellant .... 
 
 Arrest ;. bail in case of, pro-visions respecting 
 
 defendant, perfeotii^ appeal discharged £roin>. 
 
 minor laot liable to .... .... 
 
 not allowed for debt under four dollars 
 Bail ; party arrested entitled to be admi<tted .... 
 
 Bail-bond, on arrest under capias, form of .... 
 
 C&.pias>;. affidavit to be made before- issue, and) form', of 
 arrested party admitted to bail, &c-.. 
 
 perfecting appeal dfecharged 
 present duiing trial of cause; 
 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 
 Ciuses ;, between what hours to be tried . . ..... 
 
 justices may continue, if necessary. . . ..... 
 
 mode of conducting regulated ... .... 
 
 Constable ; affidavit of serv-fce of writ by,, when reqairecf 
 duty of, on levy and sale imder execution 
 executions to lie directed] to^ and served I 
 resides .... .... .... 
 
 fees of travel for taking arrested pairty to trial 
 for want of goods- ; to arrest defendant, 
 forfeiture hy, for neglecting to return writs^ iSfcc. 
 
 not payii^ aver moneys 
 not to» purchase goods at sale held by him. . 
 of county wherein defendant resides to serve writs, &c. . . 
 Beturns to be made by and forms of .... .... 
 
 writ to.be served by, of county wherein defendant resides 
 
 Costs ; successful party entitled to. in all cases 
 
 what allowed .... .... .... .... 
 
 Kscape ; slierifif not liable for, ill wliat case .... .... .... 
 
 Execution ; duty of constable in levy and sale under, &c. 
 
 forfeiture for not retiirndiig, paying over moneys, &c. 
 
 issue of, after one year, provision respecting^ .... 
 in case of death, &c. , of jastice, provided for 
 
 made returnabJe in thirty days ... .... 
 
 proceedings on levy and sale, retura of, &c 
 
 ttnsold goods to be restored to- owner, See. . . .... 
 
 Executors, &c., maybe sued.... .... .... .... 
 
 Forms ; schedule ccsitaining. . .... .... 
 
 Judgment ; proceedings on a.ppeal from. 
 
 Jurisdiction, of justices, regulated as to. amount 
 
 Justice sick or incapacitated .... ... .... 
 
 Jury ;. application fe) obtain, either party may make- aind when, 
 challenge for cause made, vacancy how filled. .... 
 
 fine for non-aittendance, and how enfarcedl .... 
 
 how summoned, and form of venire 
 
 swojTi and proceedings until verdicfe 
 
 Oaths of constables, jurors, witnesses, forms of 
 
 Particulars of claim ; how annexed, filed, served, &c.. . 
 
 if not eonfiessed must be proved 
 
 proof of plaintiff confined to ... . 
 
 set eft'; how aoid when filed, served, &c 
 
 judgment how regulated by amount of . 
 
 proof confined to statement of 
 
 Plaintiff to. make dfepoeit in certain cases .... .... 
 
 I'rocess ; regulations concerning the issue of .... .... 
 
 Sale of goods under execution, how conducted . .... 
 
 IStipendiiary Magistrates ; jurisdiction of defined. .. .... 
 
 Su,mjaonis ;, affidavit of service of,, when, reqiiir.ed. ...... 
 
 PAGE 
 
 .... 7.3-t 
 
 73-ti 
 .... 729' 
 
 729- 
 .... 729' 
 
 729« 
 . . . . 729- 
 
 740 
 ..729,737 
 
 729- 
 .... 729- 
 
 729' 
 .... 7.m 
 
 729 
 
 .... 73S 
 
 . . . 730, 739 
 
 .... 730* 
 
 730 
 .... 730 
 
 731: 
 
 733; 
 
 defendant 
 
 730, 
 
 729^ 
 729! 
 733; 
 735- 
 7.35 
 733 
 729- 
 38 
 729 
 732: 
 ..735. 
 730 
 73a 
 73& 
 732 
 732 
 7.32 
 
 .. 73S 
 733 
 
 .. 72& 
 
 735-741 
 
 .. 733 
 728 
 
 .. 729 
 731 
 
 .. 731 
 731 
 738 
 731 
 
 .739-40 
 730 
 731 
 731 
 732 
 732 
 732 
 728 
 735 
 733 
 735 
 
 zai 
 
 731 
 
GENERAL INDEX. 
 
 1367 
 
 MAGISTRATES' COURTS, CITIL PROCEDURE IN-Continued, page 
 
 Summons ; copy of, when to be served on defendant .... 730 
 
 not to issue without statement filed .... 730 
 
 particulars of claim to be annexed to 730 
 
 proceedings under, when defendant does not reside in county. 728 
 
 sum to be deposited when defendant not resident in county 728 
 
 return of constable how made, sworn to ... . .... .... 730-1 
 
 w^rit of, how directed and by whom served .... .... .... 729 
 
 Tender, effect of, where made before action brought ... 732 
 
 Trial ; arrested party to be present at ... . .... 729 
 
 conducted as in supreme court .... .... .... .... 730 
 
 hours for, and how continued .... 730 
 
 Witness, one sufficient where action not confessed .... .... 731 
 
 Mail C.4.RRIEES. See Intoxicatmg Liquors ... . .... .... .... 539 
 
 Maintenance of Bastard Children. See Bastard Children, ^e 272 
 
 Management and Laying out of Certain Great Roads. See Roads, Certain 
 
 Great 321 
 
 Mandamus. See Supreme Court, ^c .... Index 
 
 Manure, Sea, Gathering of. See Sea Manure, &c . . . . 520 
 
 Maps. See Mines and Minerals .... .... .... .... .... 99 
 
 Markets, Public See Public Markets 492 
 
 Marriage. See Married Women, Property of . .... .... .... 661 
 
 Supreme Court, ^c .... .... .... .... 845-6 
 
 Wills of Real and Personal Estate . . . . .... .... .... 639 
 
 MARRIAGE, SOLE HMZlTION OF ..^ 655 
 
 Actions for penalties, how to be conducted, &c .... 661 
 
 Banns, by whom and how published .... .... .... .... .... 656 
 
 Bond for marriage license, how given, &o . .... .... 657 
 
 Bonds, issuer of marriage licenses to give . .... .... .... .... 661 
 
 to receive from Provincial Secretary in blank .... .... 656 
 
 Claims under issue of confirmed marriages, valid ... 655 
 
 Clergymen ; banns to be published by, unless, &c .... 656 
 
 fee payable for return of register of . . . 658 
 
 marriage may be solemnized by, &c .... 656 
 
 particulars of marriages to be registered by ... . .... .... 657 
 
 penalty for falsifying license, &c. . .... .... .... 660 
 
 illegally officiating, &c. ... 656 
 
 not returning license . .... 660 
 
 refusal to give notice, &o. . .... 659 
 
 solemnizing against chapter. ... .... .... 659 
 
 register of marriages kept and returned by ... . .... .... 658 
 
 return of licenses, how and to whom made .... .... 658 
 
 Definition of terms used in chapter .... .... .... . .... 655 
 
 Peputy Provincial Secretary empowered to sicn licenses .... .... 658 
 
 registrar ; appointed by Governor- in-Council and located. . .. 656 
 
 bonds and licenses in blank distributed to, &c 656 
 
 definition of term eis used in chapter 655 
 
 errors in registry of marriages, how corrected 658 
 
 jurisdiction of, limits how to be defined, &c 657 
 
 license applied for, how to be filled up by ... . 657 
 
 issue of to be recorded by in all cases .... .... 657 
 
 issued to, fees for, when and to whom payable. 659 
 
 receipt to be given for by .... 657 
 
 returns of under oath to be made by. 659 
 marriages occurring in vicinity, ascertained and registered 
 
 by 657 
 
 returns to be made by, and what to consist of 659 
 
 penalty on for neglect of duty . . .... .... 660 
 
 ^Envelopes enclosing returns, &c., how to be marked 658 
 
 JError in registry of marriages, how corrected .... 658 
 
 Fees for licenses, depaty registrars to account for, pay over, &c . .... 658-9 
 
 payable before delivery of .... .... 657 
 
 return of register of marriage by clergyman .... 658 
 
1368 GENERAL UJDEX. 
 
 MARRIAGE, SOLEMNIZATION OF— Continned. page 
 
 Fines, &c., made payable to deputy registrars, how recovered 661 
 
 not payable to deputy registrars, how recovered .... 661 
 
 when recovered, how applied snd paid . .... .... .... 661 
 
 sued for, action how to be conducted . .... .... 661 
 
 Forms, &c. , for use, to be prescribed by Govemor-in-Council 655 
 
 Issue, of marriages hereby confirmed, declared legitimate .... .... 655 
 
 Licenses ; by whom signed, and how distributed ... .... . — 656 
 
 clergymen to return, when and to whom 658 
 
 fees payable for, before issue of .... .... .... . — 657 
 
 how to be filled up when applied for 657 
 
 issue of, and proceedings thereon recorded .... . — . — 657 
 
 issuer of, bonds to be given by .... .... 661 
 
 penalty for falsifying . . .... 660 
 
 not returning . . .... .... .... 660 
 
 returns of, to be made and when .... .... .... . 658-9 
 
 valid though Governor signing is out of office before license used 656 
 
 Marriage ; by banns or by license .... .... .... .... .... 656 
 
 Marriages heretofore solemnized, declared valid .... .... .... 655 
 
 issue of declared legitimate, and claims 
 
 valid .... .... .... 655 
 
 pending suits not to be affected, &c . 655 
 
 proviso as to parties not authorized to enter into. .... .... 655 
 
 register of by whom and how to be kept ... . . 657-8 
 
 what persons authorized to solemnize. ... .... .... . 656 
 
 Penalties ; for falsifying marriage license .... 660 
 
 giving fictitious statement of marriage .... .... 661 
 
 making false statement as to marriage ... .... .... 660 
 
 neglect of duty by deputy registrar . .... . .... 660 
 
 not returning license in proper time, &c. .... .... 660 
 
 refusing to give notice as to banns, &c .... 659 
 
 solemnizing marriage other than as provided .... .... 659 
 
 mode of recovery and application of . . . . .... .... 661 
 
 Register ; by clergymen, how kept, particulars, &e 657-8 
 
 deputy registrar, how kept, &c .... .... 657-8 
 
 errors in, by whom and how corrected .... .... 658 
 
 . illiterate person, provision in case of ... . . .... 657 
 
 Marriages, Certain Valid. See Marriage, Solemnization of 655 
 
 Married Women. See Intoxicating lAquors . , .... .... .... .... 537 
 
 Limitation of Actions .... .... .... .... 1197, sqq 
 
 Poor, Settlement, Sfc. , of .... .... .... 265 
 
 Wills, &c 637 
 
 MARRIED WOMEN, PROPERTY OF 661 
 
 Acknowledgment ; form of certificate of wife's 684 
 
 of married woman abroad, how taken. . . . .... 667 
 
 to accompany deed by wife, before whom made 667 
 
 be registered with deed .... .... 667 
 
 Actioil against married w oman, form of .... .... .... .... 664 
 
 by or aga;inst married woman, husband to be party in certain cases . . . 664 
 
 false'plea by husband, to . . .... .... .... .... 664 
 
 Administratrix ; woman acting as, before marriage, may continue to act .... 681 
 
 Adultery of wife takes away dower . .... .... .... .... 683 
 
 Agreement of husband and wife for separation not invalidated .... 683 
 
 pre-nuptial, as to religion of children, binding .... .... 683 
 
 Ante-nuptial debts and torts of wife ; husband's liability for, limited 663 
 
 married woman's unsettled property liable upon contracts . . 663 
 Attorney ; wife may appoint, to sell or manage property .... .... . . 663-666 
 
 Bank ; deposit by wife of husband's money without his consent, how treated 665 
 
 in fraud of his creditors . 665 
 
 may be made by wife in her own name . .... 665 
 
 Business ; definition of , 662 
 
 Set Separate Business. 
 
GENERAL INDEX. 1S69 
 
 MARRIED WOMEN, PROPERTY OF-Continued. page 
 
 Certificate of .diacontinuance of business to be filed by wife 675 
 
 to accompany wife's will in certain cases 670 
 
 wife doing separate business to record and file 674 
 
 wife's and husband's names, and nature and place of business to be 
 
 put in . . . .... .... .... 675 
 
 when business or place of business is changed, new one required 675 
 
 Chapter "Of the Writ of Dower" how affected 680 
 
 Children ; separate property of wife liable for maintenance of 666 
 
 Clerk ; fees of 683, 675 
 
 Compulsion, provision against, as to wills .... 670 
 
 Concurrence of husband in wife's deed, when dispensed with 668 
 
 wife in husband's u „ v n 679 
 
 Contract ; husband and wife not to, with each other ... .... 681 
 
 Contracts ; wife's unsettled property liable for ante-nuptial 66.? 
 
 Convey ; certain powers of wife to, not afliected by chapter .... 671 
 
 Conveyance of wife before 19th April, 1884, validated 669 
 
 of her real estate not to deprive husband of curtesy . . 682 
 
 Consent of husband to wife's will irrevocable in certain cases .... 670 
 
 wife's will revocable without husband's 670 
 
 Credit ; wife may pledge husband's, as heretofore. . 666 
 
 Creditor of wife may recover against husband in certain cases. . . .... 665 
 
 Curtesy of husband protected as to undisposed property of wife 662 
 
 wife's conveyance of her real estate not to deprive husband of rights 
 
 as tenant, by the .... 682 
 
 Debt arising out of wife's separate business, husband not liable for. . 675 
 
 wife's-unsettled.property liable for ante-nuptial . . .... 663 
 
 Debts ; husband's-interest in wife's land not subject during her life to his. . . ., 663 
 
 liability limited for wife's ante-nuptial .... .... 663 
 
 husband to be made party in certain cases in ' action against wife for 
 
 ante-nuptial 664 
 
 Deed ; definition of. .... 662 
 
 of married woman .... .... . . . , 666 
 
 to be accompanied by acknowledgment 667 
 
 abroad. . .... .... .... .... .... 667 
 
 . . release, of wife's interest in land previously conveyed by husband 667 
 
 wife, when concurrence of liusbaud dispensed with. ... . 668 
 
 form of order respecting same .... .... . .... 684 
 
 .... concurrence in of husband living. apart from wife, when dispensed with 668 
 
 Deposit. See Bank < 665 
 
 Desertion ; wife may apply for protection order in case of husband's 671 
 
 Divorce court, .authority of, not abridged by chapter .... 684 
 
 Dower .... .... . . ; . 677 
 
 bar of, not to be extended . 680 
 
 barred by adultery .... .... 683 
 
 how barred .... .... 678 
 
 in equitable estate, widow to have .... .... 677 
 
 unimproved land, no ... . .... .... .... 678 
 
 surplus proceeds ... .... .... 680 
 
 irregularities not to prej udice 680 
 
 where wife lives apart from husband, protected.. .... .... 679 
 
 wife's interest in proceeds of sale of, protected .... .... . 678 
 
 wife may join in deed with husband's guardian to release. .... 678 
 
 trusts under chapter " Of writ of dower," not affected .... .... 681 
 
 widow entitled to, where right of entry in husband 677 
 
 must elect, when testator means to bar » .... . . . . ' 677 
 
 wife's right of, in case of husband's intestacy .... 676 
 
 Duplicate ; orders may be made by judge and recorded where lands are 682 
 
 Earnings ; wife may have all her, under protection order 671 
 
 sue for, when trading separately .... 673 
 
 wife's separate, free from husband's control with his consent 
 
 without protection order . . 674 
 
 Elect ; right of husband to, in case of will made ... 669 
 
 widow must, when testator means to bar dower 677 
 
1370 
 
 GENERAL INDEX. 
 
 PAGE 
 
 677 
 684 
 666 
 665-666 
 673 
 681 
 681 
 683 
 681 
 681 
 684 
 
 664 
 682 
 662 
 682 
 668 
 665 
 675 
 665 
 
 MARRIED WOMEN, PROPERTY OF-Contlnned. 
 
 Equitable estate, dower in .... .... .... 
 
 Existing suits, not to be affected .... .... .... .... 
 
 Execution for married woman's tort .... .... . ■ ■ • 
 
 Executions against husband and wife . .... .... .... 
 
 Executrix, wife's property as, how protected .... . ; . . 
 
 when wife is deemed to become entitled to property as 
 woman acting as before marriage may continue to act . 
 Fees. See Registrar .... .... .... — . .... 
 
 Foreign marriage, effect on property .... .... .... 
 
 married woman coming from abroad to province regarded as unmarried, 
 
 Forms .... .... .... •• ■ ■ 
 
 Fraud. See Bank. 
 
 Fraudulent, insurance when . .... .... .... . — 
 
 Gift by wife to husband not to invalidate her will . . 
 
 Guardian, definition of .... .... .... .... .... ■ ■ ■■ 
 
 husband not to be for wife nor wife for husband . 
 wife may join husband's in conveyance of land 
 
 Husband, executions for and against .... 
 
 is not liable for debts arising in wife's separate business 
 
 judgments recovered by and against .... .... .... .... 
 
 liability of for ante-nuptial debts and torts of wife .... 663, 665 
 
 wife's debts and torts .... .... .... . . 663, 676 
 
 when joined with wife in actions. . . .... 664, 665 
 
 wife and, not to contract with one another .... .... .... 
 
 Insanity of wife, husband may get order dispensing with her execution of 
 conveyance . . .... .... .... .... .... 
 
 Insolvent debtor, wife trader may be . .... .... .... .... 
 
 Insurance ; judge may appoint trustees for certain purposes. .... 
 
 of life of wife and children by husband, what effect. 
 
 wife may insure her life or her husband's 
 when fraudulent . .... .... .... 
 
 Intestacy of husband, wife's rights to real estate . . . 
 
 personal estate . . 
 wife, how property descends in case of 
 
 Investments by wife in fraud of husband's creditors 
 
 Irregularities, dower not affected by .... .... 
 
 Joinder, of husband and wife .... 
 
 Judge, definition of ... . .... .... .... 
 
 Judgments against husband and wife . .... .... 
 
 Lunatic, concurrence of wife who is, dispensed with 
 
 Marriage settlement not prevented ... 
 
 to affect property not included 
 liability of husband under. .... .... .... 666 
 
 Married woman, definition of ... . .... .... .... .... .... 661 
 
 separate property of, liable on separate contract 663, 666 
 
 when liable for maintenance of children . . .... .... 666 
 
 Minor, no additional power conferred on .... .... .... .... 681 
 
 Order, dispensing with concurrence of husband ... .668-9 
 
 form of 684 
 
 how made and registered . 682 
 
 may be endorsed on deed and registered therewith .... .... 682 
 
 refer to description in deed if endorsed on deed. .... 682 
 
 (See Protection Order.) 
 Papers, filing of with prothonotary .... .... .... .... .... 683 
 
 Paraphernalia, widow to be allowed .... .... .... 677 
 
 Partition of real estate of wife where she or husband is under guardianship, 668 
 
 Pending suits not affected by chapter .... .... 684 
 
 Personal property of intestate, wife's rights to 677 
 
 married woman to be separate estate .... .... 662 
 
 provision not to extend to any received by wife from hus- 
 band during coverture . . .... 663 
 
 wife may dispose of her own ... .... 668 
 
 Pleaa ; false by husband 664 
 
 681 
 
 678 
 683 
 664 
 664 
 664 
 664 
 676 
 679 
 671 
 665 
 680 
 665 
 661 
 665 
 679 
 666 
 
GENERAL INDEX. 1371 
 
 STARRIED WOMEN, PROPERTY OF— ContiBued. page 
 
 Property of wife, questions as to, to be decided by judge ... 682 
 
 trading separately may be sued for by her alone .... 675 
 
 woman married before 19th April, 1884, how possessed 662 
 
 after that date 662 
 
 Proitection order ; discharge of, not retrospective 672 
 
 extelids to wife as executrix .... 67S 
 
 has no effect until recorded 672 
 
 how granted and discharged 672 
 
 not necessary in respect of wife's separate earnings when 
 
 husband consents . . 674 
 
 penalty for seizing property under 673, 
 
 protects person dealing with wife 673 
 
 remainder and reversions protected by . . . 673 
 
 wife may a^ply for, in certain cases 671 
 
 regarded as single woman in dealings under . . 673 
 
 under may convey as if unmarried 674 
 
 will of wife under .... 674 
 
 (See Order.) 
 Real and personal estate of woman married before 19th April, 1884, how 
 
 possessed 662 
 
 after that date 662 
 
 estate of intestate husband .... .... 676 
 
 wife may be conveyed with husband's concurrence .... 666 
 
 proceeds of .... 668 
 
 Registrar ; fees of 682 
 
 Registration of order, how proved 682 
 
 Religion of children ; pre-nuptial agreement as to, binding. . 683 
 
 Remainder ; wife's estate in, protected 673 
 
 Reversion; i, ,, ... 673 
 
 Rents of wife's real estate to be her separate property . . 663 
 
 Rules ; Supreme Court to make rules under this Chapter ... 683 
 
 Separate business ; married woman's . .... .... 674 
 
 consent of husband necessary to wife's conducting .... 675 
 
 must be filed ... .... 674 
 
 consequences of failure to file and record certificates of . . . 675 
 
 discontinuance of, certificates of to be filed and recorded 675 
 
 husband not liable for wife's debts contracted in. .... 675 
 
 wife deemed an unmarried woman when conducting.. 676 
 
 may sue and be sued as if unmarried when conducting 675 
 
 dispose of any property acquired under. 676 
 
 will property acquired when conducting 676 
 
 Separation agreements between husband and wife not invalidated.. . . .... 683 
 
 Settlement ; powers given by, not to be affected .... .... .... 671 
 
 Suits pending not affected by chapter .... . .... .... . 684 
 
 Surpliits proceeds ; wife to have dower in .... .... .... 680 
 
 Titles ; existing not to be prejudiced .... .... 669 
 
 Toirts J execution for married woman's .... 666 
 
 husband's liability for wife's, limited 663 
 
 Trader, wife as. See Separate Business. 
 
 Trustee ; property held by, not affected ... 681 
 
 wife may insure her own or husband's life in name of . . .... 664 
 
 Unimproved land ; no dower out of .... 67S 
 
 Wages of wife. See Earnings. 
 
 Widow entitled to dower where husband had right of entry or action 677 
 
 miust elect where testator means to bar dower . . .677 
 
 to have dower in equitable estate . 677 
 
 Wife coming from abroad without husband... . . 681 
 
 competent witness against husband . . 681 
 
 concurrence of, living apart from husband, dispensed with 679 
 
 joinder of, in certain actions .... .... .... 665 
 
 no additional power conferred on, who is a minor . .... 681 
 
 trading subject to insolvent debtor law . 683 
 
 WiU ; husband's consent to irrevocable .... .... .... 610 
 
1372 
 
 GENERAL INDEX. 
 
 MARRIED WOMEN, PEOPERTT OF -Continued. page 
 
 Will J wife may make . . .... .... .... ... ■ - . . . • • • 669 
 
 revoke .... .... .... .... .... .... 670 
 
 wife's made without husband's consent .... .... 669 
 
 wife must declare in certain cases that will was made without com- 
 pulsion .... 670 
 
 wife's not affected by gift . .... 682 
 
 revocable .... .... .... .... .... .... 670 
 
 to be accompanied by certificate In certain cases 670 
 
 Witness ; one necessary to prove husband's consent .... 674 
 
 wife competent against husband .... .... . — .... 681 
 
 Maksh and Dyked Lands. See Sewers, Dyke, tbc .... 308 
 
 Marshes and Woods, Bdrnino. See Fires, Protection of Woods agabist 511 
 
 Master, See Costs and Fees 1268 
 
 Supreme Court 977 
 
 TruMs and Trustees 1209, sqq 
 
 MASTERS, APPRENTICES AND SERVANTS 693 
 
 Apprentices, above 14 years of age, how to be bound .... .... .... 69.3 
 
 absconding, or guilty of misdemeanor, how punished 694-5 
 
 at what ages minors may be bound as . .... .... .... 693 
 
 Complaint, for misconduct or neglect of master, how made, &c. . .... 694 
 
 hearing, and power of justices to afford redress. .... .... 694 
 
 persons aggrieved may appeal from order . . .... . . , . 694 
 
 proceedings where complaint no*' maintained .... .... — . 694 
 
 Duty of parents, guardians, <fec., respecting children bound out, . .... 694 
 
 Guardians ; duty of as respects children bound out .... .... .... 694 
 
 Indenture ; how certified, delivered and sealed . .... .... 693 
 
 minor's copy of, by whom to be kept . . . .... .... 693 
 
 terms of, &c. , as respects pauper minora ... 693 
 
 Master ; proceedings in case of misconduct or neglect of ... . .... .... 694 
 
 Minors ; above 14 years of age, how bound, &c •.».. 693 
 
 at what ages, male and female, may be bound .... . .... 693 
 
 how bound by overseers of poor, &c. . 694 
 
 pauper, how bound and on what conditions .... .... .... 693 
 
 under 14 years of age, how bound ... .... .... .... 693 
 
 Money, &c. , allowed by master to be for benefit of apprentice .... .... 694 
 
 Overseers of poor ; duty of as respects minor paupers. . .... .... 694 
 
 Parents, duty of, as regards minors bound by them .... .... .... 694 
 
 Matriculation, ^ee Medicine and Surgery .... 198 
 
 Matters,, Public, inquiries concerning. See Public Matters, §-c 1234 
 
 Mechanics and others. Liens in eavor of. See iMns, Sfc 628 
 
 Medical Assistant. See Lunatics, Custody, ^c 286 
 
 Practitioner. See Costs and Fees .... 1268 
 
 ...Register. See Medicine and Surgery .... .... .... ..198, sqq 
 
 Superintendent. See Lunatics, ^c .... .... 286 
 
 MEDICINE AND SURGERY, PRACTITIONERS OF 197 
 
 Action, limitation of .... 204 
 
 Annual meeting of provincial medical board, when held . .... .... 205 
 
 Appointment oi registrar and secretary of board .... .... .... 198 
 
 Books a/ud accounts of board, open for examination . .... .... 205 
 
 Certificate not valid, unless signer is registered .... .... 203 
 
 Definition of certain terms in chapter .... . . .... . , . . 203 
 
 Duty. of registrar of provincial medical board. 201 
 
 secretary m h h .... 198 
 
 Females may practise midwifery in certain cases . . . , .... .... 204 
 
 Fine for falsely pretending to be registered . . , , .... .... .... 204 
 
 procuring, or attempting false registry ' 204 
 
 . registrar making false entry .... .... 204 
 
 Fraudulent or incorrect entry in register may he erased. .... .... 202 
 
 Licensp to practise essential, and how procured. ... . . 199, 203 
 
 mode of procuring, in certain cases . 200 
 
 when examination, &c.. , not necessary .. . .... ,.,. 199 
 
 not to be refused in certain cases .... , , , . 202 
 
GENERAL INDEX. 
 
 1373 
 
 MEDICINE AND SURGERY, PRACTITIONERS OF-Continned. 
 
 Matx-iculation examination ; eertificate. of, how obtained. . 
 
 qualification necessary for 
 Medical aid may be given without license, when ... 
 
 register to be published annually .... 
 
 what particulars to contain .... 
 
 when receivable in evidence . . .... 
 
 Meetings of board, how held and notified. .... ... 
 
 Moneys to whom payable and how applied .... .... 
 
 Naval and military physicians, &.C., not subject to chapter. 
 Officers of board ; duration of term of office ... .... 
 
 Penalty for practising without registry or license . . 
 
 how sued for and recovered, &c. .... 
 
 proof of right to practise, to be on defendant 
 Persons obtaining higher degree ; provision for registry of 
 not registered, cannot recover charges, &c. ... 
 
 practising previously to 1850, entitled to registry 
 registered, may recover charges at law. ... ... 
 
 when entitled, but neglecting to register, &c. . . 
 Practitioner convicted of felony ; provision respecting 
 Preliminary examination ; certificate necessary .... 
 
 Provincial medical board ; appointment and constitution of, &c. 
 duties and powers of, defined 
 meeting Of, annually at Halifax ; proceedings 
 meetings of, how summoned and notified , 
 rules and regulations, continued in force . 
 
 vacancy in board, how filled .... 
 
 to whom to be notified . 
 
 Public medical officer, &c. , must be registered .... .... 
 
 Qualification, when to be entered on register . . .... 
 
 Register, medical ; annual publication of, provided for 
 
 copy of, prima facie evidence in courts . 
 name, &c., of practitioner must appear in 
 qualifications necessary for registry in . 
 what particulars to contain, &c. .... 
 
 Registrar of board ; appointment and salary of 
 
 duties of defined .... .... 
 
 forfeiture, for making false entry . . 
 
 Schedules to chapter .... .... .... ■ .... 
 
 Secretary to board ; appointment and duties of 
 
 Suits, for forfeitures and penalties ; limitation of . . .... 
 
 MEDICINES AND D RUGS, SALE OF 
 
 Acts of 1876, chapter 11, continued in force 
 
 Appointment of board of examiners 
 
 to continue for three years .... 
 
 Druggist, pharmacist, &c., must be registered .... .... 
 
 Drugs, not to be sold except by registered druggist, &c. 
 
 poisonous or dangerous may be added by council, &c. 
 
 Examination of candidates by board of examiners 
 
 certificate of passing .... 
 
 diploma of other examiners may be accepted . 
 Examiners, appointment of by Government and pharmaceutical council 
 Patent medicmes and wholesale market packages exempt from chapter. . 
 
 Penalties ; for violating chapter 
 
 prosecution for, defendant must prove his right to sell, &c. . . 
 
 proof of registration on . .... 
 
 Pharmaceutical council ; appoints three examiners .... 
 
 authority of ... . .... .... 
 
 may change schedule to chapter .... ... 
 
 a body corporate .... .... .... 
 
 annual meeting of . . . .... .... 
 
 fees for membership 
 
 198, 
 
 ... 200: 
 
 thereat 
 
 PAOB 
 198 
 206 
 204 
 198 
 198 
 198 
 201 
 201 
 205 
 205 
 203 
 204 
 204 
 202 
 20.3 
 205 
 203 
 202 
 202 
 198 
 197 
 201 
 205 
 
 ... 201 
 201 
 
 ... 197 
 205 
 
 ... 203 
 
 202 
 
 .. 198 
 
 198 
 
 ... 198 
 199 
 
 ... 198 
 198 
 
 .198, 201 
 204 
 
 ... 206 
 198 
 
 ... 204 
 
 ... 206 
 
 209 
 ... 206 
 
 207 
 ... 208 
 209, 210 
 ... 209 
 
 207 
 ... 207 
 
 207 
 ... 206 
 
 208 
 ... 209 
 
 209 
 ... 209 
 
 206 
 ... 208 
 
 209 
 .206, 207 
 
 208 
 
 207 
 
 members' names published annually in Royal Gazette, 207 
 
1374 
 
 OENERAL INDEX. 
 
 See 
 
 MEDICINES AND DRUGS, SALE OF-Contlnued. !pagb 
 
 Pharmaceutical council ; members of circuit, election of .... 208 
 
 register of members ef . . . . .... .... .... 207 
 
 registrar of, duties of .... .... 207 
 
 Registration, essential before compounding or selling certain drugs. . .... 208 
 
 to recover price of drugs sold ... .... . . . ^ 200 
 
 Registered medical practitioners exempted from chapter .... .... 209 
 
 Registrar to keep register of members of the society and publish in Royal 
 
 GazetU. .... •. 207 
 
 Schedule of drugs to be sold only by registered druggist, &c. .... .... 209, 2)0 
 
 poisonous, &c,, drugs may be added to by council, &c .... 209 
 
 Wholesale market packages, &c. , exempted from chaj.ter .... .... 208 
 
 MEETING HOUSES, ASSESSMENT FOR REPAIRS OF 1S5 
 
 Assessment ; how to be made and apportioned, &c .... .... 195 
 
 notice of, how to be given, &c .... .... .... 195 
 
 when necessary, further may be made. ... .... .... 196 
 
 where not paid, pews may be let .... .... .... .... 195 
 
 Episcopalians or Wesleyans, not to be affected by this chapter. . .... 196 
 
 Pews, may be let, where assessment not paid . . . > ..... .... .... 195 
 
 possession of , how to be given . , .... .... .... 195,196 
 
 rent of, how recoverable. . . .... .... .... .... 195, 196 
 
 when rent insufficient, further assessment .... 196 
 
 Members of Ho0.se or Assembly, Election of. See Election of Member n, <tc. 
 Merchandise, Lumber, Fuel, &c.. Regulation and Inspection of. 
 
 Inspection of Lumber, ^c .... .... 
 
 Mills. See Rivers, Cmiveying of Timber, ^c .... .... 
 
 MILLS AND MILLERS 
 
 Q rinding, kiln-drying, hulling, bolting, &c. , tolls for ... .... 
 
 Penalty for not keeping scales, weights, &c. , in mill .... 
 
 refusing to grind, &c. , grain. Exception .... 
 
 taking illegal toll .... .... .... .... 
 
 Quantity of grain ascertained by sealed measure .... .... 
 
 Scales and weights to be kept in mill .... .... .... ... 
 
 Steam-mill, owner of may in certain cases refuse to grind, &c. . .. 
 
 Tolls for grinding and kiln-drying, regulated .... .... 
 
 hulling barley and boltipg or sifting flour .... .... 
 
 penalty for demanding or taking illegal .... .... 
 
 Minerals. See Mine,s and Minerals . .... .... .... 
 
 Mines, Regulation of . . .. .... .... .... 
 
 Revemie, Casual .... .... .... .... 
 
 MINES AND MINERALS 
 
 Chapter relating to ... . .... .... .... .... 
 
 schedules to .... . . . ^ 
 
 terms used in, defined, . . .... .... .... 
 
 title of, alternative , .... .... .... .... 
 
 Commissioner and deputies appointed by Governor-in-Council 
 
 bonds to be given by .... .... 
 
 deputies ineligible to Assembly , 
 duration of office . . .... .... 
 
 not to be interested in mines .... 
 
 take part in elections .... 
 
 penalty for sitting, voting, &c . . 
 
 against for having interest in mines, &c. 
 to have powers of justices in certain cases 
 Commissioner's of5ce, when opened and closed .... 
 
 Company, incorporated, to file copy of charter .... .... 
 
 Crown lands, lease of .... .... .... 
 
 Declaration of interest in mine When more than one lessee . . .... 
 
 form of in schedule .... 
 
 Examiners board of, appointment of 
 
 15 
 
 . . . 52.S 
 518 
 
 . . . 530 
 
 530 
 . . . 530 
 
 530 
 . . . 5,30 
 
 530 
 . . . 530 
 
 530 
 . . . 530 
 
 530 
 . . . 530 
 . .. 68 
 
 112 
 . .. 66 
 
 68 
 
 ..68-104 
 
 105-111 
 
 68 
 
 104 
 
 69 
 
 70 
 
 70 
 
 70 
 
 70 
 
 70 
 
 70 
 
 70 
 
 69 
 
 68 
 
 102 
 
 100 
 
 101 
 
 109 
 
 70 
 
GENERAL INDEX, 
 
 1373 
 
 MINES AND MINERALS-Continued. 
 
 Forms, existing continued unless changed by Governor, 
 
 schedules of ... . .... .... .... .... 
 
 Gold, and Gold and Silver, Mines. ... .... .... 
 
 Alluvial, how laid out ... .... .... .... 
 
 Appeal from commissioner as to fraud in books, &c 
 
 to judge 
 
 Supreme Court . . .... 
 
 juaticee' decision to Supreme Court. . . 
 judgment final on, ettect of.. . . .... .... 
 
 notes of testimony to be sent to prothonotary 
 
 questions of fact may be referred to jury.. 
 
 Arbitrators, appointment how made .... 
 
 assessment of damages, how made .... 
 
 award of two final . . .... .... 
 
 not designating person to whom payable 
 may appoint a third, if they cannot agree . . 
 must be sworn before justice of peace .... 
 
 notice to appoint, how to be given .... 
 
 party paying under award not further liable 
 unknown owners, proceedings in case of 
 Areas, application for, to whom alid how made .... 
 
 books of record to be kept . . 
 disputed, not to be received .... 
 
 class No. 1 in quartz mines, how laid off, 
 forfeited, application for, when receivable 
 commissioner's power to declare 
 sale of .... .... .... 
 
 vest in Crown, . . .... 
 
 forfeiture of . . .... .... .... 
 
 partial . . .... .... 
 
 warrant to enforce judgment of 
 form of and how laid out and measured . 
 
 labor on, yearly amount of .... 
 
 how computed ... .... 
 
 plans with numbers to be prepared, &c. 
 returns of applications to be made by deputies 
 
 Damages, applicants may agree with owner for 
 
 assessment of by arbitrators against lessee 
 
 licensee 
 both 
 
 certain lessees 
 award of by two arbitrators to be final . . 
 disputed or unknown titles . .... .... 
 
 lessees and licensees liable for in certain cases 
 party paying under award not further liable . 
 tunnelling, caused by, how settled .... 
 
 Districts declared and proclaimed by Governor .... 
 
 in lands under lease for other 
 plans of to be kept by commissioner, &c. . 
 record books to be kept .... .... .... 
 
 unproclaimed, application for areas how made . . . 
 Forfeiture, judgment of, vests mine in Crown . .... 
 
 provisions respecting 
 
 warrant to enforce judgment of .... 
 when only partial, proceedings in case of . . . 
 Forms, existing to be continued . . .... .... 
 
 Gold unlawfully mined, whose property 
 
 Labor on areas, annual . . .... .... • . . . 
 
 computed and regulated .... .... 
 
 forfeiture in case of non-performance of . . , 
 partially performed, proceedings in case 
 
 Leases ; application for to whom made 
 
 duration of, and how surrendered 
 
 PAGE 
 
 101 
 
 ..105-111 
 
 ....71-89 
 
 71 
 
 .... 82-3 
 
 85-6 
 
 .... 88 
 
 88 
 
 .... 86 
 
 86 
 
 .... 86 
 
 73 
 
 .... 73 
 
 74 
 
 .... 75 
 
 74 
 
 .... 73 
 
 73 
 
 .... 74 
 
 74 
 
 .... 72 
 
 71 
 
 .... 103 
 
 71 
 
 .... 87 
 
 86 
 
 .... 87 
 
 78 
 
 .... 85 
 
 77 
 
 .... 87 
 
 71 
 
 .... 76 
 
 77 
 
 .... 72 
 
 71 
 
 .... 73 
 
 73 
 
 .... 79 
 
 75 
 
 .... 79 
 
 74 
 
 .... 75 
 
 75 
 
 .... 74 
 
 101 
 
 .... 71 
 
 minerals 100 
 
 72 
 
 .... 71 
 
 78 
 
 .... 78 
 
 .... 85-7 
 
 87 
 
 ..■.. 77-8 
 
 101 
 
 .... 88 
 
 76 
 
 .... 77 
 
 76 
 
 .... 77 
 
 72 
 
 .... 76 
 
1376 
 
 GENERAL INDEX. 
 
 MINES AND MISERiLS-Conlinued. paob 
 
 Leases ; duration of, time of termination . , .... .... .... 104 
 
 encumbrances to be registered .... .... .... .... 102 
 
 execution and form of . . . .... .... .... .... 72 
 
 form of in schedule . .... .... .... .... .... 10.5 
 
 forfeiture of, grounds for .... .... .... .... 76 
 
 proceedings in case of . . . . .... .... .... 85-87 
 
 holders of, dispute with owner of soil, how settled. .... 7.3 
 
 how to use demised premises .... .... .... 76 
 
 liable to pay royalty, &o .... .... 80 
 
 when royalty unpaid to action .... 84 
 
 must make quarterly returns ... .... .... 8H 
 
 not implicated in disputes between owners of the soil, ' 75 
 
 to enter on cultivated lands .... 80 
 
 issued before April Ist, 1864 79 
 
 in duplicate and registered, &c .... 101 
 
 previously to be registered, &o. .... .... .... 101 
 
 not to affect cultivated lands, &c. .... .... 80 
 
 royalty reserved in . .... .... .... .... .... 80 
 
 how collectable .... .... .... 103 
 
 surrender of .... .... .... .... .... .... 76 
 
 transfers of interest to be registered .... .... .... 102 
 
 unexecuted, &c. , Within a year, areas deemed vacant. . . .... 103 
 
 ■when more than one lessee, declaration required. . . .... 101 
 
 to terminate, and to be re-leased .... .... .... 104 
 
 Licenses, prospecting ; application for, how made. . .... .... 79 
 
 bond before obtaining .... .... .... 79 
 
 by whom issued ... .... 79 
 
 damages against licensee .... .... .... 79 
 
 duration of .... .... .... .... 79 
 
 extent and shape of area .... 79 
 
 holder of entitled to renewal .... .... 80 
 
 select areas .... .... 80 
 
 not implicated in disputes between 
 
 owners of soil .... .... 75 
 
 to enter cultivated lands 80 
 
 royalty reserved on ... . 80 
 
 Licensed mills ; applicant for license to give bond . . .... .... 81 
 
 commissioner may issue license for .... .... .... 80 
 
 revoke license for 82 
 
 definition of words, . . .... .... .... .... 80 
 
 entries in books, what and how to be made .... 81 
 
 frauds in accounts, &c. , ho w punished . .... .... 82 
 
 monthly returns of, to be made under oath. .... 82 
 
 per oentage on amount of royalty paid .... .... 83 
 
 royalty, mill owner liable to pay . . .... .... 81 
 
 non-payment of, action for ... .... .... 81 
 
 surrender of license, and effect of. .... .... 83 
 
 unlicensed milling, penalty for .... .... .... 82 
 
 Penalty, for fraud in books of mill owners .... .... .... 82 
 
 unauthorized mining, and procedure .... .... . ..87,88 
 
 Working mills without license .... .... .... 82 
 
 Private lauds ; agreement as to entry on .... .... .... .... 73 
 
 arbitration to settle damages relating to ... . .... 73 
 
 cultivated, entry on not authorized .... .... .... 80 
 
 Quartz mines ; how to be laid off, &c .... .... .... 71 
 
 Remedies of Crown not abridged by chapter. . , .... .... .... 88 
 
 Returns, of deputy commissioners, weekly .... .... .... 71-2 
 
 lessees, quarterly .... ... .... .... , . . . 83 
 
 licensed mill owners, monthly .... .... .... 82 
 
 Royalty ; action for non-payment of by lessee . .... ... .... 84 
 
 mill owner .... .... 81 
 
 exemption from when quartz crushed at licensed mill . .... 84 
 
 lessee liable to pay .... , , . . .... .... .... 80 
 
GENERAL INDEX. 
 
 1377 
 
 MINES AND MINERALS-Continued. 
 
 Kcyalty ; licensee, prospecting, liable to pay. . .... 
 
 mill owner liable to pay .... .... 
 
 reserved, and how payable. .... .... 
 
 Inspectors and deputy inspectors, appointment of 
 
 bond to be given by .... 
 
 duration of office .... .... 
 
 duties of .... .... 
 
 Ineligible to Assembly . . . , 
 not to be interested in mines 
 take part in elections . . 
 
 penalty for sitting, voting, &c 
 
 against for having interest in 
 &c. . 
 salary fixed by Governor . 
 Interest in mine, declaration of made by owners, &o . . . 
 
 form of .... .... .... 
 
 proof and registry of .... 
 
 transfer of, and registry thereof . . .... 
 
 form of ... . .... .... 
 
 Maps and plans of mining districts in commissioner's office 
 Mikes, othbr than Gold, and Gold asd Silver Mines 
 Abandoned mines ; forms in schedule regarding .... 
 
 how dealt with .... .... 
 
 mere colorable working not to prevent forfeiture 
 notice in case of, how given. . . .... 
 
 Appeal from commissioner's decision, &c .... 
 
 Application for license to search, how made .... .... 
 
 work, how made .... .... 
 
 in first instance, how made . 
 renewal of license to search, how made . 
 
 work, how made .... 
 
 second rights . ; . . .... .... 
 
 Arbitration ; proceedings as in case of gold mines 
 Areas ; contigUoKa may be treated as one .... 
 
 extent of, on licenses to search .... 
 
 work . .... 
 
 space between, reserved . . 
 
 under water, notices how posted .... 
 Bond to be given by applicant for licenses. 
 Copper and lead mines, leases of .... .... 
 
 Corner posts, &c .... .... 
 
 Crown lands, in mining districts, may be leased 
 Damages to private lands, how ascertained, &c. . . 
 
 Forfeited mine, how re-let .. . .... 
 
 Forfeiture of mines .... .... .... 
 
 Forms, existing, continued ... .... .... 
 
 General Mining Association, renewal of lease . . 
 Lead and copper mines, leases of ... . .... 
 
 Leases ; conditions precedent to grant of , . 
 
 duration and renewal of ... . .... 
 
 execution of, to be registered .... 
 
 existing, certain to be registered 
 
 grantable to holder of license to work . . 
 
 issued in duplicate, and registered .... • ■ . • ■ • • . 
 
 may include larger area than square mile . 
 
 not to be void for want of registry in registry of deeds, 
 renewal of, extent of . . . . .... 
 
 reservation of barrier .... 
 
 returns, quarterly .... .... 
 
 royalties reserved on .... .... 
 
 surrender of may be made .... 
 
 88 
 
 mmes, 
 
 SO 
 81 
 84 
 69 
 70 
 70 
 69 
 70 
 70 
 70 
 70 
 
 
 
 ... 70 
 
 101 
 
 102, 109 
 
 102 
 
 . . . 102 
 
 102, 109 
 
 ..72-99 
 
 89-99 
 
 110-111 
 
 98 
 
 , .. 98 
 
 98 
 
 .. 99 
 
 89 
 
 ... 90 
 
 91 
 
 . .. 90 
 
 91 
 
 . .. 90 
 
 90 
 
 ... 91 
 
 89 
 
 . .. 90 
 
 89 
 
 93 
 
 9.3-5 
 
 100 
 90 
 99 
 98 
 
 101 
 96 
 93 
 91 
 92 
 92 
 
 101 
 91 
 
 101 
 93 
 
 100 
 92 
 92 
 95 
 95 
 93 
 
1378 
 
 GENERAL INDEX. 
 
 MINES ASD MINERALS— Continned. l"A«if 
 
 Leases ; surrender of. notice of .... .... . .^ / . . . a .... 97 
 
 transfer of interest to be registered, &c. . . 1 02 
 
 Leases of coal mines, duration and form of ... . .... .... ... 92, 104f 
 
 renewable and for what period .... 9& 
 
 returns when to be made and- ho'w .... .... 95 
 
 royalties on. .... 96 
 
 surrender of may be made .... .... .... 9S 
 
 notice of .... . .... 97 
 
 transfer not to be made without permission 92 
 
 ratification of by Governor ... . . / . 92 
 
 terminable, when .... .... .... .... 104; 
 
 Licenses to search ; application for, &c. ... .... .... .... 89 
 
 damages by holder of ... . .... .... .... 90 
 
 extent of .... 89' 
 
 holder of may select area to woA. . . . . 4 .... 90 
 
 payment necessaly on application 89' 
 
 renewal of .... .... .... .... .... 90 
 
 second rights under ... 90 
 
 separate may be graaited over same area 90 
 
 survey of whole area . . .... . . t. . .^ . 89 
 
 selected mile .... 90 
 
 work ; area, selection of .... . . / . 90 
 
 survey of . . .... .... .... .... 90 
 
 duration of, and renewal of . . . 91 
 
 grantable to holder of license to search 9J: 
 
 in first instance .... . . , . .... 91 
 
 over more than one mile, ,.,. .... 91 
 
 holder of entitled to lease .... .... .... 91 
 
 renewal of .... .... 91 
 
 Oaths, who may administer .... .... .... .... .... .... lOS 
 
 Ownership ; change of by act of law, and declaration of .... .... .... 104 
 
 evidence of declaiation of . . . . .... .... .... .... 104 
 
 registration of owners' names .... .... .... , . . , .... 104 
 
 Penalty against commissioner, &c. , for holding interest in mines .... .... 70 
 
 sitting and voting in the Houses . . .... 70 
 
 Quarterly returns .... .... .... .... .... .... .... 95 
 
 Registry, book of . . , .... .... .... .... .... .... .... 99 
 
 form of, in schedule ... .... .... .... .... .... 110 
 
 of leases. . .... .... .... ... .... .... .... 101 
 
 mortgages and other incumbrances ... .... .... .... lOZ 
 
 copy of, to be filed before .... .... .... .... 102 
 
 transfers, . . .... .... .... .... .... . . , , 102 
 
 Renewal of coal leases .... .... .... .... .... .... .... 99 
 
 Royalty on gold and silver .... .... .... , . . , ... .... 80 
 
 other ores and minerals . . .... .... . . , , , , . . .... 95 
 
 unpaid, how collectable .... .... .... .... .... 103 
 
 Rules and regulations made by Governor-in-Council. . . .... .... .... 100 
 
 Second rights over areas .... .... .... .... .... .... 90 
 
 )Submarine areas ; lessee may tunnel from adjacent land .... .... 101 
 
 liability of lessee for damage . . , .... .... .... 101 
 
 location of tunnels. .... .... .... .... .... 101 
 
 notices concerning, how posted. , .... . . . , , , , . 99 
 
 Surrender of leases . .... .... .... .... .... .... 97 
 
 Survey of five mile areas .... .... .... .... .... .... Sff 
 
 one mile areas .... .... .... .... .... . , , . .... 90 
 
 Termination of leases and licenses ..,. .... ,... .... .... 104 
 
 Transfer of interest in mines .... .... .... .... .... .... 102 
 
 form of, in schedule .... .... .... .... .... .... 109 
 
 Witnesses, how sworn .... .... ..... ... .... .... .... 1031 
 
 Mines and Minekals. See Rerenue, Casual .... .... .... .... 66- 
 
 Gold and Gold and Silver. See Mines and Mhterals . . .... , , . .71-89 
 
 OTHER THAN GoLD. See Mines and Minerals .... ... .... 89-101 
 
OENERAL IlfDEX. 
 
 1379 
 
 Mixes, REGULATION OF 
 
 Abandoned mine, fencing of . .... .... .... .... ... 
 
 plan to be sent to commiasioner . . .... .... 
 
 Accidents, explosions, &c. , notice to be sent to commissioner .... ... 
 
 Alternative title of chapter .... .... .... .... .... 
 
 Areas, submarine ; regiilation for working, &c. .... .... 
 
 Boys, not to be employed under 10 years of age in mine .... .... 
 
 about engine under 18 y«ar3. .... ... 
 
 penalty for employing in contravention of chapter .... ... 
 
 misrepresentation by guardian, &c. , of .... 
 
 regulation as to employment of,, under ground .... .... 
 
 time of employment between 10 and 12 years, under ground 
 Commissioner to decide question as to character of mine ... .... 
 
 Coroner's inquest ; on death from accident in mines .... .... 
 
 penalty for breacli-of provisions .... .... 
 
 Definitions of terms used in chapter . . .... .... .... 
 
 Examiners, board of ... . .... .... .... ... .... 
 
 appointment of. See Mines and Minerals. . .... 
 
 certificates to managers, &c. , granted on report of .... 
 
 fees of . . .... .... .... .... .... ... 
 
 penalties for violating rules of. ... .... .... 
 
 rules and regulations of, power to make. . . 
 
 Inspector ; accident in mine to be reported by ... . .... .... 
 
 duty and powers of, defined .... .... .... ... 
 
 penalties to be recovered in name of . . ^ .... .... 
 
 plans of mines to be kept by owners and produced . . ... 
 
 penalty for non-production of ... . .... .... 
 
 proceedings of in cases of danger not especially provided for 
 wilful obstruction of, an offence .... .... .... 
 
 Managers, &c., of coal mine. .... .... .... 
 
 certificates, cancellation of .... .... 
 
 granted by foreign authority .... 
 
 issued by commissioner upon report of examiners 
 loss of .... .... .... .... .... 
 
 necessary to be held by — penalty . . 
 
 of service, &c. 
 
 register of .... .... .... 
 
 restoration of, after suspension. 
 
 suspension of 
 
 register of, &c, .... .... 
 
 commissioner's powers on enquiry regarding 
 
 competency and conduct of, may be enquired into, &o. 
 costs of enquiry regarding .... .... .... 
 
 proceedings against, for incompetency,- &c. . . .... 
 
 Minerals, subject to royalty, ,to be weighed 
 
 ■weigher of, his appointment and duties . . .... 
 
 Notices may be served personally or sent by mail .... 
 
 of accident, &c., to be sent commissioner . . .... .... 
 
 form of . . . , 
 
 change of ownership or working, &c 
 
 penalty for not sending, serving, &c — . ■ • ■ • 
 
 Penalties ; application of by commissioner in certain cases 
 
 for offences against chapter .... .... .... 
 
 regulations of board of examiners .... 
 
 in certain cases, owner, &c. , not liable .... .... 
 
 other employes liable same as owners .... 
 
 owner, &c,,. may be. examined as witness .... .... 
 
 proceedings for, to be within six months .... .... 
 
 recoverable in name of inspector ... .... 
 
 payable on receipt into treasury .... .... 
 
 ileturns by agents, lessees, managers, &c., how made 
 
 forms to be furnished and prescribed by commissioner 
 
 penalty for false returns ^ 
 
 PAGE 
 
 112-141 
 120 
 
 . . 121 
 
 119, 141 
 
 .. 112 
 139 
 
 .. 113 
 113 
 
 .. 114 
 114 
 
 . . 113 
 
 113 
 
 . 113 
 
 124 
 
 .. 125 
 112 
 
 .. 136 
 70 
 
 136-137 
 137 
 
 .. 134 
 136 
 
 .. 123 
 121 
 
 .. 134 
 123 
 
 .. 123 
 122 
 
 .. 121 
 
 136-138 
 
 . . 138 
 137 
 136 
 138 
 135 
 137 
 137 
 138 
 1.38 
 138 
 138 
 137 
 138 
 137 
 140 
 140 
 140 
 119 
 141 
 120 
 120 
 135 
 134 
 134 
 134 
 134 
 135 
 135 
 134 
 135 
 118 
 119 
 119 
 
1380 
 
 GENERAL INDEX. 
 
 MINES, REGULATION OF— Continued. 
 
 Rules, General .... .... .... 
 
 Break and indicator to machinery .... 
 Chain, single linked, wlien to be used. .... 
 
 Cover, overhead on shaft, when to be used 
 Daily inspection of machinery and works .... 
 Dressing room for employes to be provided 
 
 Drum, slipping of rope on, how prevented 
 
 Fencing of entrance to shafts .... .... 
 
 machinery, fly-wheel, &c. . 
 
 old shafts 
 
 places not in use . . .... .... 
 
 Ganges and safety valves On boilers .... 
 
 Gunpowder and blasting, regulations concerning 
 Hoisting machinery, how attended .... 
 
 Inspectors may be appointed by employes 
 
 Ladders, inclination and position of .... 
 Non-compliance with, offence against chapter.. 
 Observance of directions enjoined on employes. 
 Safety lamps, regulation concerning use of . . . . 
 
 Shafts, certain, how to be used, &c 
 
 securing of, provided for .... .... 
 
 single, prohibited except in certain cases 
 working, signalling on, provided for. . , 
 Signals and manholes, regulations concerning . 
 Stations appointed at entrance to mine .... 
 
 Travelling road, &c., securing, provided for 
 Ventilation of mines, rules respecting .... 
 
 Water and bore holes, n n .... 
 
 Wilful damage, &c., to property, provision against 
 Workmen to be withdrawn from dangerous mine 
 RuLEiS, Special ; continuance of existing, provided for 
 How amended, established, modified, &c.. 
 Must be approved of by commissioner .... 
 
 signed by inspector .... .... 
 
 Notice, relative to, how j^osted .... .... 
 
 penalty for defacing .... .... 
 
 Objections, relative to, to be sent to commissioner 
 Overmen of coal mine ... .... .... 
 
 (See Managers, &c.) 
 Publication of, provided for . .... .... 
 
 Receivable in evidence, when certified .... 
 
 Single shafts, prohibited except in certain cases 
 time for providing additional 
 
 Submarine areas, regulations regarding 
 
 Underground managers of coal mine .... 
 
 (See Managers, Ac. 
 Wages, check weigher, appointment, duties, &c, 
 proceedings against 
 not to be paid at public houses, &c. . . . 
 
 payment of employes by weight . . 
 Weighing of minerals, provided for . . .... 
 
 Minister. See Marriage, Solemnization of . . . .... 
 
 Ministerial Officers. See Costs and Fees .... 
 
 Minks. See Birds and Animals .... .... .... 
 
 Minors. Descent of Seal and Personal Estate., 
 
 Guardians and Wards . . ... .... 
 
 Ice, Boads over, ^c. .... .... 
 
 Intoxicating Liquors .... 
 
 Limitation of Actions .... .... 
 
 Masters, Avprentices, ^c. .... 
 
 Poor, Settlement, ^c. .... .... 
 
 Wills, Src 
 
 Minctes. Supreme Court, ^c, . ... .... 
 
 
 .125-131 
 
 
 129 
 
 
 ... 129 
 
 
 129 
 
 
 . . . 130 
 
 
 130 
 
 
 ... 129 
 
 
 128 
 
 
 . . . 1.30 
 
 
 128 
 
 
 ... 126 
 
 
 130 
 
 
 ... 127 
 
 
 129 
 
 
 ... 130 
 
 
 130 
 
 
 ... 131 
 
 
 130 
 
 
 ... 126 
 
 
 1.30 
 
 
 ... 129 
 
 
 116, 117 
 
 
 ... 129 
 
 
 128 
 
 
 ... 126 
 
 
 129 
 
 
 ... 125 
 
 
 128 
 
 
 ... 130 
 
 
 126 
 
 
 ... 140 
 
 
 132 
 
 
 . . . 132 
 
 
 131 
 
 
 ... 132 
 
 
 1.34 
 
 
 ... 132 
 
 
 1.35 
 
 
 . . . 13.3 
 
 
 134 
 
 
 ... 116 
 
 
 118 
 
 
 ... 139 
 
 
 135 
 
 
 ... 115 
 
 
 116 
 
 
 ... 114 
 
 
 115 
 
 
 ... 140 
 
 
 ... 655 
 
 
 1271 
 
 
 ... 651 
 
 
 644 
 
 
 ...687-8 
 
 
 521 
 
 
 ... 539 
 
 
 1197-1200 
 
 
 ... 693 
 
 
 265 
 
 
 ... 6.37 
 
 
 957 
 
GENERAL INDEX. 
 
 1381 
 
 MlSNOMEK. See Supreme Court, Sec. .. 
 
 MissEQUASH CoMMissiONEKS. See Sewers, Dyke, §-c 
 
 Money, Effect of Payment op. See Trusts and Trustees .... 
 
 PAID INTO Court. See Jiistices, Appointment of, ^c 
 
 Supreme Court, §-c. .. . . . . . — 
 
 Moneys. See PuUk Officers, Certain, ^c. .... 
 
 Roads, Certain Great . . .... 
 
 ExPBNDirnRB OF ON Roads. See Road and Bridge Grants 
 
 Month. See Statutes, Promulgation, dec, of. . 
 
 Moose. Birds and Animals .... .... 
 
 Moravians may affirm. See Statutes, Promulgation. . . .... 
 
 Mortgage, Sale of Lands under Foreclosure of. See Lands, &e. 
 Mortgagee. See Lands,, Sale of under Execution . 
 
 Mortgages. 
 
 Mortgagor. 
 
 Mother. 
 
 Motions. 
 
 Deeds, ^c, Registry of. 
 Liens in favor of Mechanics 
 Ldrnitation of Actions .. . . . . 
 
 Supreme Court, &c. .... 
 
 Landit, Sale of under Execution. 
 
 Bastard Children, Sfc 
 
 Supreme Court, ire 
 
 PAGE 
 
 .... 91,5 
 .317 
 
 1211 
 
 726 
 
 1133 
 
 156 
 
 322 
 
 328 
 
 , 3 
 
 548 
 
 4-5 
 
 1247 
 
 ...1250-1 
 
 626 
 
 629 
 
 1201 
 
 .805, 931-2, 939 
 
 1250 
 
 272 
 
 .... Index 
 
 M0NICIPAL Aid in the Construction of Railways. See Railways, &e 
 
 and Town Councillors, Election of. See Election of Municipal 
 
 and Town Coun- 
 
 421 
 
 Assessments. See Assessments, Municipal 
 Charges. See Assessments, Municipal 
 
 Boards of Health, ^e 
 
 Boundaries of Counties, S;c 
 
 Coroners .. .... .... 
 
 Public Grounds, Supervisors of. . 
 Roads, other than Certain Great . 
 
 Statutes, Promulgation, ^e 
 
 Various other chapters. 
 Treasurer. See Assessments, Municipal . . 
 
 County Incorporations 
 
 Juries.. .... .... 
 
 Musquash. See Birds and Animals, dtc. . 
 
 eillors, ^c . . 
 
 N. 
 
 Navigation. See Rivers, Conveying of Timber, Sfc — 
 
 New Assignment. See Supreme Coivrt., S^c 
 
 EoADS. See Roads, Closing of 
 
 Other than Certain Great 
 Intoxicating Liquors .... — 
 
 Supreme Court, %-c .... 
 
 ,See Assessments, MunicipaX. . . . . 
 
 Supreme Court, &r, 
 
 Public In.itru^tion . - . . 
 
 Gazette Notice. 
 
 County Courts . 
 
 Supreme Court, S^c. 
 
 Croum Lands . . .... 
 
 Forcible Entry and Detainer. 
 Tenancies and Distress for Rent. 
 
 See Cattle, Stray, Sfc 
 
 Escheating Lands Forfeited to Crown . . . 
 
 Justices of the Peace, <hc 
 
 Lands, Sale of under Foreclosure 
 
 Mines, Regidalion of ■ • • • 
 
 Jiaa,de, Closing of 
 
 alher than Cirtain Great 
 
 Trial. 
 
 NoN- Residents. 
 
 Normal School. 
 Notice, Gazette, 
 of Trial. 
 
 TO QwiT. 
 
 Notices. 
 
 454 
 . . 467 
 
 467 
 . . 211 
 
 165 
 . . 176 
 
 486 
 
 .. 325 
 
 4 
 
 ..4'; 2-6 
 
 4:2-5 
 
 .1176-7 
 
 551 
 
 .... 519 
 
 862 
 
 .... 344 
 
 325-6 
 
 .... 538 
 
 Index 
 
 .... Index 
 
 . . . . 821, 828 
 
 218, 220, 243 
 
 Index 
 
 Index 
 
 .... 146 
 1260 
 
 1255 
 
 511 
 
 .... 1261 
 
 . ... 723,726 
 
 .... 1248 
 
 Index 
 
 .... 344 
 325-6 
 
1382 
 
 GENERAL INDEX. 
 
 Notices. See Seyoers, Dyhe, g-c 
 
 Witnfsnes and Evidence .... .... 
 
 Various other chapters. 
 
 KUISAUCES ., 
 
 Actions-, limitation of .... .... .... .... 
 
 proceedings in, when removed to supreme court 
 Cellars and vacant lots ; how cleansed .... .... 
 
 Dwelling houses ; how vacated when public health endangered 
 
 to have suitable drains and privies 
 Fish market may be opened and fish sold, when . . . 
 
 uncleansed, &c. , sale of prohibited 
 
 Forfeitures for violation of orders, &o .... 
 
 Health, board of ; court how constituted . 
 
 court of ; duties and powers of . . . .... 
 
 how constituted . 
 
 Health inspectors ; appointment of, &c. ... .... 
 
 compensation of, how provided 
 duration of office .... .... 
 
 duties and powers of .... 
 
 to be sworn into office . 
 
 Limits for slaughtering animals, how regulated 
 Offensive substances ; justices may order removal of 
 
 penalty for allowing, &c» 
 Penalty ; for sale of uncleansed fish, &c. ... 
 
 unwholesome food .... 
 violating orders, obstructing officer, &c, 
 how recovered and appropriated .... 
 
 Privies and vaults ; how to be constructed, &c 
 
 when and how to be emptied 
 offensive, how cleansed . . 
 Sanitary orders, by whom to be made. .... 
 
 Slaughtering of cattle ; limits for, by whom defined 
 
 Vacant lots ; how cleansed, &c .... 
 
 Waste water ; how to be disposed of 
 
 Nuisances. See Streets, Commissioners of 
 
 FAGB 
 
 . Index 
 1IS2-3 
 
 213 
 21ft 
 216 
 215 
 215 
 214 
 216 
 216 
 216 
 2ia 
 
 213, 216 
 213 
 21.3: 
 214- 
 213 
 
 213, 214 
 
 2ia 
 
 216 
 215 
 215 
 216 
 216 
 216 
 216 
 214 
 215 
 214 
 213 
 216 
 215 
 215 
 349 
 
 O. 
 
 Oaths. &ee Barristers and Attorneys .... .... .... 
 
 DeMs, Sj'c. , Registry of .... .... 
 
 Juries . .... .... . .... 
 
 Probate Court .... .... .... .... .... 
 
 Sheriffs .... .... .... 
 
 Statutes, Promulgation, i&c .... .... 
 
 OHLITBKATION. See Wills, Sj-c .... 
 
 Obstructions, Removal of fkom Eiveks. See Si vers, Sfc 
 
 OrncEES. See Corporations, General Provisions Bespecting . 
 
 County Incorporations .... .... .... 
 
 Religious Congregations, tbc .... .... . . . . 
 
 Certain Public, their Salaries and Duties. See Public Officers. 
 Judicial, &c. See Judges, Justices, and other Judicial Officers 
 
 OFFICERS, INCORPOBATED SURETIES FOB 
 
 Bonds of assurance companies may be accepted as,. » .... 
 
 Governor-in-Council may impose terms, &c. ... .... . . , . 
 
 Interim receipt of company accepted for one month .... .... 
 
 Security given by other than public otficers. . . . .... , . . . 
 
 Societies, benevolent, &c., officers may give sureties, &c. . . . .... 
 
 Officers of Supreme Court. See Supreme Court and Procedure therein. . . 
 Offices. See Legislature. .... .... ..... .... . , ^ . 
 
 .1190-93 
 
 624-5 
 
 ... 1178 
 
 718 
 
 166 
 
 ... 2-4 
 
 639 
 
 ... 518 
 
 562-4 
 
 . . . Index 
 
 193 
 
 #-c.. 155 
 
 . 1194 
 
 .609 
 
 609 
 
 610 
 609 
 610 
 609 
 609 
 Index 
 , 9, 10 
 
GENERAL INDEX. 
 
 1383 
 
 Old Roabs. See Roads, other tluxn Certain Great 
 
 Open and Pent Roads. See Roadu, other than Certain Great. . 
 
 Order, Preserving. See Constables, Special, ^c 
 
 Orders. See Liberty of Subject 
 
 Married Woinen, Property of 
 
 Rabid Animals 
 
 Supreme Court, ^c .... 
 
 Various other chapters. 
 AND Convictions. See Summary Gonvietiom, ^e. ... 
 
 Original Package. See Intoxicating Liquors 
 
 Otter. See Birds and Animals 
 
 Over-holding. See Forcible Entry and Detainer 
 
 Overseers. Sewers,- Dyked and Marsh Lands. 
 
 OF Poor. See Lunatics, Custody, Sfc. . .... 
 
 Masters, Apprentices and Servants . . 
 Poor, Settlement, ^c. . .. .... 
 
 Works. Assessments, Municipal 
 
 
 PAGE 
 
 
 326 
 
 
 327 
 
 
 177 
 
 
 1221-23 
 
 
 Index 
 
 
 217 
 
 
 Index 
 
 
 742 
 
 
 531 
 
 
 551 
 
 
 1260 
 
 
 399 
 
 
 285 
 
 
 693 
 
 
 264, 266, 268-9 
 
 
 477 
 
 P. 
 
 Panel. See Juries . .... .... .... 
 
 Paraphernalia. See Desee7it of Real and Personal Estate 
 
 Parents. See Masters, Apprentices and Servants 
 
 Parishes. Church of England .... 
 
 Parishioners. h m ... .... .... 
 
 Parliament of Canada, Legislation op not Contravened. See Canada, tO 
 Particulars. See Intoxicating Liquors . . .... .... . .... 
 
 Magistrates' Courts, Civil Procedure in .... 
 
 Supreme Court, d'c. ... 
 
 Parties. See Supreme Court, d-c 
 
 Partition of Lands. See Lands, Partition of 
 
 Townships. See Deeds, <tc., Registry of. 
 
 PARTNERSHIPS, AND THE REGISTRATION THEREOF . . 
 
 Arbitrations, compulsory .... .... .... .... .... 
 
 Chapter not to conflict with Canada law .... .... .... 
 
 Compulsory Arbitrations 
 
 Affidavit to be made by arbitrators .... .... .... 
 
 Arbitrators appointed by court on failure of partners to appoint 
 execution Issued after judgment on award of . . . 
 
 form of affidavit made by .... 
 
 judgment entered on award of .... 
 
 of supreme court upon award of, final 
 
 may compel attendance of witnesses, &c 
 
 mode of proceeding by . . 
 
 powers of, as to costs .... 
 
 selection of, ordered by court .... .... .... 
 
 to examine parties and witnesses under oath. ... 
 
 make affidavit before judge or commissioner .... 
 
 award .... .... .... 
 
 two to select third 
 
 Costs on award . .... .... .... .... .... 
 
 Execution to issue on judgment after award . . .... 
 
 Form of arbitrators' affidavit .... 
 
 Judge at chambers may act under chapter 
 
 Judgment of supreme court under chapter to be final 
 
 Parties and witnesses examined under oath. ... .... . . . .' 
 
 Partners, two, difierences between at close of partnership, proceeding! 
 
 adjust .... .... 
 
 Petition by one of two partners at close of partnership . 
 
 copy of serA'ed on partner with summons . . 
 
 Proceedings of arbitrators ... .... 
 
 . 1174 
 645 
 
 . 694 
 185 
 
 . 187-8 
 
 551-2 
 . 730 
 
 Index 
 
 . Index 
 
 1239 
 
 . 627 
 
 611 
 615 
 620 
 615 
 615 
 615 
 616 
 615 
 616 
 616 
 615 
 615 
 616 
 615 
 616 
 615 
 616 
 615 
 616 
 616 
 615 
 616 
 616 
 616 
 
 615 
 615 
 615 
 615 
 
 to 
 
1384 
 
 GENERAL INDEX. 
 
 Continued, page 
 
 615 
 .... 615 
 
 615 
 .... 615 
 
 615 
 .... 615 
 
 616 
 .... 616 
 
 616 
 
 615 
 
 615-6 
 .... 620 
 
 616 
 .... 618 
 
 617 
 ....617-8 
 
 618 
 .... 617 
 
 619 
 .... 616 
 
 619 
 .... 618 
 
 619 
 .... 618 
 
 616 
 
 general 
 
 PARTNERSHIPS AND THE REGISTRATION THEREOF 
 
 Summons and petition served on partner complained of ... . 
 Supreme court may appoint arbitrators in default of partners. . . 
 order arbitrators .... .... .... 
 
 petition to, by one of two partners 
 
 summons to partner issued from .... .... 
 
 to enforce attendance of witnesses .... 
 
 payment of judgment and costs. . . 
 give judgment on award .... .... 
 
 issue execution for judgment and costs . . . 
 Umpire to be selected by two arbitrators .... .... .... 
 
 Witnesses compelled to attend and testify on oath . 
 
 Legislation of Canada, not to be contravened by chapter ... 
 
 Limited Partnebship.s .... 
 
 Affidavit of partners on renewal of partnership .... .... 
 
 publication of terms of partnership . . .... 
 
 to be made and filed before formation of partnership . . 
 
 Alteration in partnersliip to make it general 
 
 Certificate to be made and filed before formation of partnership . 
 Dissolution of partnership, how effected , . .... .... 
 
 Formation and objects of limited partnerships . .... .... 
 
 Fraud of partners, how punishable .... .... .... 
 
 General partneis, actions to be brought by and against . 
 
 liable to account .... .... 
 
 names of only to be used .... .... . 
 
 power and liabilities of. .... .... 
 
 Partnership (limited), actions by and against to be in names of 
 
 partners .... 
 
 affidavit before formation of. . . 
 
 assignment of property of .... 
 
 certificate before formation of .... 
 
 composed of general and special partners 
 ' conducted in names of general partners 
 
 dissolution of, how effected .... 
 
 effect of alterations in .... ..... 
 
 formation and objects of . .... 
 
 fraud in, how punished .... . 
 
 general partners in, liable to account 
 
 regulations as to stock and profits of . . 
 
 renewal of, provided for . .... .... .... 
 
 special partners may inquire and advise as to business of 
 
 not to claim until other creditors satisfied 
 
 in case of insolvency of . . . 
 
 terms of, how advertised .... .... 
 
 when deemed general .... .... 
 
 Preferential assignments, when held void . . ... 
 
 Publication of terms, &c. , of partnership 
 
 affidavit of, filed, &c. ... 
 
 effect of want of .... 
 
 Renewal of partnership, how effected . ... 
 
 Special partners, how compensated ... .... .... 
 
 interfering in business, deemed general . . 
 
 liabilities of .... .... 
 
 may inquire and advise as to business . . . 
 not allowed to claim as creditors of insolvent partner- 
 ship .... .... .... .... . . . . 
 
 violating chapter, how liable 
 
 Heghtration OF Partnekships .... .... 
 
 Action, how brought when no declaration filed 
 
 service of process ... .... .... .... ... 
 
 Allegations in declarations, not controvertible by signers, when 
 Application of sections 1-19 restricted .... .... ... 
 
 Business style ; declaration of, &c .... .... 
 
 Change in partnership, declaration of, &c 
 
 618 
 
 617 
 ... 619 
 
 617 
 . . . 616 
 616, 618 
 ... 619 
 
 618 
 ... 616 
 
 619 
 ... 619 
 
 618 
 ... 618 
 
 618 
 
 619 
 617 
 618 
 619 
 617 
 
 617-8 
 617 
 618 
 618 
 
 618-9 
 616 
 
 618-9 
 
 619 
 
 619 
 
 611-614 
 
 612-1. S 
 
 .. 612 
 
 611-12 
 
 .. 614 
 
 613 
 
 ,.. 611 
 
GENERAL INDEX. 1385 
 
 PARTNERSHIPS AND THE REGISTRATION THEREOF-Continued. 
 
 Registration of Partnerships : page 
 
 Declaration of business style, contents of.. 613 
 
 filing of with registrar .... 613 
 
 time of filing 613 
 
 Declaration of change in partnership, filing of . .... 611 
 
 when allegation not controvertible ... . .... 611 
 
 Declaration of dissolution of partnership, form and filing of ... . . .612, 620 
 
 Declaration of formation of partnership : 
 
 filing in registry office ... . .... 611 
 
 form and contents of .... ..611,620 
 
 making of by agent of non-resident partnership 611 
 when some members absent.... 611 
 
 requisites and form of .... ..611,620 
 
 time for filing — within three months .... 611 
 
 when allegation in, not controvertible. 611 
 
 Dissolution of partnership, declaration of, &e. . .... . .612, 620 
 
 " Firm index book " to be kept by registrar 614 
 
 Forfeitures for non-compliance with chapter .. . ...613-14 
 
 Formation of partnership, declaration of and proof; 611,620 
 
 "Individual index book " to be kept by registrar 614 
 
 Members of partnership, action against when no declaration 612, 613 
 
 names of, to be on bill heads and letters .... 614 
 
 Partners, action against when no declaration .... .... 612 
 
 judgment against, effect of .. .... 613 
 
 liability of on existing declaration .... .... .... 612 
 
 names of to be on bill heads and letters .... .... .... 614 
 
 Penalty for non-registration .... .... .... 61.3-14 
 
 Registrar ; duty of to record declaration .... .... .... • ■ • . 614 
 
 fees of 614 
 
 " firm index book " to be kept by.. 614 
 
 " individual index book " to be kept by .... 614 
 
 Sureties to or for Firms .... ■ ■ ■ • 619 
 
 Sureties to or for firms not answerable on change in partnership ; excep- 
 tions 619, 620 
 
 Partnerships, Limited. See Partnerships .. . ••■• 616 
 
 Partridges. See Birds and Animals .... 551 
 
 Pauper Lunatics. See Lunatics 288, 290-1 
 
 Poor, Settlement, &c .... 266 
 
 Paupers. See Pom; Settlement, tkc. . . 264 
 
 Payment into Court. See Justices of the Peace, itc 726 
 
 Magistrates' Courts, Civil Procedure in 7.32 
 
 Suprems Court, &c. . ■ • • ■ Index 
 
 OF Jurors. Juries 1169,1176,1177,1178 
 
 Peace Officers. See Constables, Protection of 179 
 
 Special, ajid Preserving Order 177 
 
 Penalties. See Statutes, Promulgation, ^c 5 
 
 Pent and Open Roads. See Roads other than Certain Great 327 
 
 Perjuries and Frauds, Prevention of. See Frauds and Perjuries 647 
 
 Perpetuating Testimony. See Supreme Court, Sfc 893 
 
 Person. See Statutes, Promulgation, die 4 
 
 Personal and Real Estate, Descent of. See Descent, Src 643 
 
 Wills of. H ills, Sfc 637 
 
 Chattels. See Bills of Sale, Secret 652 
 
 Persons Killed by Accident, Compensation to Families of. See Accidents, ira. 1220 
 Petit Jurors. See Juries 1168, 1171, 1173-1175, 1177, 1178 
 
 PETITION OP RIGHT 11?* 
 
 Supreme Court to take cognizance of matters under act relating to 1194 
 
 Petitionees. See Lands, Partition of ^^^^~?oto 
 
 Trusts and Trustees ... 1213 
 
 Petitions. See Elections, Controverted, tfcc. . .... Indexes 
 
 Debtors, Indigent, Sfc. .. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ • ■ ■ ■ ■ 1224 
 
 Lands, Partition of 1239, 1240 
 
1386 
 
 GENEBAL INDEX. 
 
 See Supreme Court, ire 
 
 Petitions. See Trusts and Tnistees. .... 
 Pews. See Meeting Houses, Repairs .... .... 
 
 Pheasants. See Birds and A nimals . 
 
 Physiciast. Jails and County Buildings .... 
 
 I/imatics, Cuitody, die 
 
 Medicine and Surgery ... 
 
 Pits. See Mines, Regulation of 
 
 Plague. See Boards of Health . . .... .... 
 
 Plans. Deeds, Sfc. , Registry of 
 
 Mines and Minerals .... 
 
 Regulation of 
 
 Sewers, Dylce.d and Marsh Lands .... 
 Witnesses and Evidence .... 
 Plea. . Mscheating Lands . .... .... 
 
 Supreme Court, Sfc 
 
 Pleadings. " " << 
 
 AND Practice in the Supreme Court. 
 
 Poll Tax. &ee Assessments, Municipal. .. 
 
 Poor. See County Incorporations .... .... .... .... • . • • 
 
 POOR DISTRICTS 
 
 Council may order alteration of district .... .... .... 
 
 adjust expenses, &c. .... . .... .... 
 
 Districts ; as established, continued . . .... .... .... 
 
 alteration of district, provided for .... .... .... 
 
 Expenses of paupers, adjustment of .. . .... .... 
 
 Order for alteration of district to be posted .... . . . , 
 
 Rates pending not invalidated, &c. ... .... .... .... 
 
 Poor Districts. See County Incorporations . . .... 
 
 Houses. " " 
 
 Rates. Assess'ments, Municipal. .... ..,, .... 
 
 County Incorporations .... . . .", , 
 
 POOR ; SETTLEMENT AND SUPPORT OF 
 
 Appeals ; coste on, how taxed and allowed .... .... .... 
 
 to be recovered if unpaid . . .... . . . , 
 
 in cases of disputed settlement .... .... .... 
 
 undue removal .... .... .... . . . . 
 
 may be to county court and municipal council .... 
 
 of persons over-rated ; councils to relieve .... . . . . 
 
 Assessor ; may excuse person unable to pay 20 cents ... .... 
 
 not exempt from assessment . .... . . . . . 
 
 penalty for neglecting to assess himself .... .... 
 
 Board of poor, not to be put up at public auction . . .... . . . , 
 
 Children ; settlement of ... . .... .... .... .... 
 
 supported by township where parents had settlement . . . . 
 
 Collector ; commission allowed to, fixed by council .... .... 
 
 general return to be made by, to justice .... . . . , 
 
 warrant to be issued .... .... .... 
 
 Definition of terms in chapter .... .... .... . . , , . . . , 
 
 Families ; property of persons forsaking, how dealt with .... 
 
 Forfeitures ; application of, when recovered .... .... . . . , 
 
 by overseer for neglecting to render accounts .... 
 
 refusing to serve .... 
 
 persons improperly bringing paupers into township 
 
 Form, of general warrant of distress .... .... . , . 
 
 General warrant of distress ; fees payable under .... .... 
 
 how directed and executed ... ... 
 
 poor and county^rates included in . , 
 schedule containing form of . . . ... 
 
 Halifax city ; provisions how far applicable to . .... .... 
 
 Insane paupers ; examination relative to, how made .... ... 
 
 Kin, persons near of ; to support poor relatives, &Q . . . , .... 
 
 page 
 
 .... 1209 
 
 195 
 
 .... 552 
 
 180 
 
 284r-286, 288 
 
 197 
 
 .... 112 
 
 212 
 
 ..624, 627 
 
 72 
 
 .... 121 
 
 312 
 
 .... 1183 
 
 1262 
 
 . . . Index 
 
 Index 
 
 . . . Index 
 
 468 
 
 ... 441 
 
 ... 271 
 
 271 
 ... 271 
 
 271 
 ... 271 
 
 271 
 ... 271 
 
 272 
 ... 439 
 
 441 
 . .470-71 
 
 439 
 
 ... 264 
 
 267 
 
 ... 267 
 
 266, 267 
 
 ... 267 
 
 266, 268 
 
 ... 268 
 
 268 
 
 ... 269 
 
 269 
 
 .... 270 
 
 265 
 
 .... 266 
 
 269 
 
 267 
 
 268 
 
 264 
 
 266 
 
 269 
 
 269 
 
 268 
 
 267 
 
 270 
 
 268 
 
 267--8 
 
 270 
 
 270 
 
 269 
 
 266 
 
 260 
 
 267 
 
GENERAL INDEX. 
 
 1387 
 
 POOR ; SETTLEMENT AND SUPPORT OF-Contlnned. page 
 
 Married women, settlement of . . . , 265 
 
 Miners ; settlement of, how obtained 265 
 
 Municipal Council ; appeal to in certain cases, proceedings .... 268 
 
 audit of accounts of overseers by . . .... .... 268 
 
 Overseers ; accounts of, how and when rendered .... 268 
 
 annual appointment of, how made. 264 
 
 appeal by, in certain cases .... .... .... .... 266 
 
 appropriation of moneys received by 268 
 
 audit of accounts of, by council .... 268 
 
 fine for neglect to render accounts .... 269 
 
 refusal to serve .... .... 268 
 
 may take conveyance of property of pauper .... 269 
 
 re-payment of expenses to, in certain cases 269 
 
 Penalties. See Forfeitures. 
 
 Removal of pauper ; proceedings for improper, &e 267 
 
 preparatory to 265 
 
 where overseers neglect 266 
 
 Settlement ; definition of term ... ^.. . 264 
 
 disputed, appeal in case of 266, 267 
 
 how gained, and who entitled to ... . 265 
 
 of legitimate and illegitimate children .... .... 265 
 
 married women . . 265 
 
 to cease, when new one gained ... 265 
 
 when district divided, how regulated . 265 
 
 Township ; definition of term 264, 270 
 
 liable for support of poor after notice . 267 
 
 Warrant of distress, general, form of 270 
 
 when to issue, &c. . . 267 
 
 Possession. Bee Crown Lands 145-147 
 
 WRIT OF. Bee County Court 1165 
 
 Landx, Sale of wider Execution . . .... 125.3-55 
 
 " " . " Foreclosure .... 1248 
 
 Supreme Court . .... .... .... .... Index 
 
 Posthumous Children. See Descent of Seal, ^c, Estate .... 645 
 
 Poundbreach. See Fences, Sj-c 515 
 
 Sent, Distress for, ^c. . . .... 1257 
 
 Keeper. Fences, ^e. .... .... 615 
 
 Pounds. See Fences and Impounding of Cattle .... .... 515 
 
 Power of Attorney. See Deeds, &c., Registry of .... 625 
 
 Practice. See County Courts, Src. .. . 1145 
 
 Magistrates' Courts, <fcc . . . .... .... 728 
 
 Supreme Court, ^c. ... .... 799 
 
 Practitioners in Medicine and Surgery. See Medicine and Surgery .... 196 
 
 Precedence op Bar. See Barristers and Attorneys .. . .... 1189 
 
 Preliminary Examination. See Barristers and Attorneys 1189 
 
 Medicine and Surgery .... .... 198 
 
 Prescription. See Limitation of Actions 1203 
 
 Preservation or EoADS. See Boads, Preservation of . 342 
 
 USEFUL Birds and Animals. See Birds and Animals , . . 548 
 
 Presumption. See Limitation of Actions .... , 1204 
 
 Prevention of Corrupt Practices at Elections. 
 
 See Elections, Controverted of Members of House 43 
 
 Elections of Municipal and Town Councillors 454 
 
 Frauds and Perjuries. See Frauds and Perjuries 647 
 
 ON Creditors BY Secret Bills OF Sale. See Bills, S'c. 649 
 
 Private Lands. See Mines and Minerals .... . . • • 73, 78, 80 
 
 Privies. Nuisances . .... - • . . . • • • «... 214 
 
 Probate Court. See Costs (md Fees. , . « . . .... 1269 
 
 Supreme Court, Sfc. .... .... •,<. 801,818 
 
 PROBATE COURT A ND PROCEDURE THEREIN 697 
 
 Absent party, unheard of for ten ye^rs, application for share of 717 
 
 bond given ip cage of distribution 717 
 
 how conditioned 718 
 
1388 
 
 GENEBAL INDEX. 
 
 PROBATE COURT AND PROCEDDRE THEREIN-Confinned. page 
 
 Absent party, unheard of for ten years, distribution of share of, how made. . . 717 
 
 judge may order share to be dis- 
 tributed 717 
 
 to approve of bond . . .... 717 
 
 legal remedies of, not abridged . . 718 
 provisions for distribution of share of 717 
 relieving executor from lia- 
 bility 718 
 
 Ad colligendum letters, how to be granted . .... .... .... 714 
 
 must be registered. .... 712 
 
 Administration, application for to be in writing .... .... .... 698 
 
 by whom granted and how .... .... . — .... 697 
 
 how granted when deceased dies out of Province 698, 700 
 
 rights of absent parties reserved as to .... .... .... 699 
 
 to whom granted, and in what order. . .... .... 699 
 
 with wUl annexed, in what cases granted . . .... 714 
 
 Administrator ; another may be associated with next of kin .... 699 
 
 bond given by, and when to be renewed 700 
 
 form of 721 
 
 commission to, allowance and apportionment of 711 
 
 costs payable by, in what cases and how .... .... 710 
 
 creditor of estate, account when filed by . . . 707 
 
 dt bonis non may execute conveyance, when .... .... 704 
 
 recover on judgment, when .... .... .... 704 
 
 deeds executed by , effectual as if made by deceased 703 
 
 distribution to be made by, after 18 months .... .... 710 
 
 where party entitled is absent and 
 
 unheard of for ten years 717 
 
 final settlement of account, evidence of what facts . . .... 709 
 
 fine for neglect to file inventory .... .... 700 
 
 inventory to be fil6d by, within three months .... .... 700 
 
 may be cited to account after eighteen months . . 710 
 
 ordered to pay estate money into bank .... 715 
 
 required to convey lands in certain cases .... 703 
 
 cite co-administrator to account .... .... .... 710 
 
 oath of to be reduced to writing, and signed oy . .... 700 
 
 proceedings, when required to account, &c. .... 708 
 
 real estate, affidavit of, evidence as to sale of, &c 703 
 
 successor may cite to account, on removal. . . .... 715 
 
 ten days' notice of citation to be given to" 710 
 
 vouchers to be produced by on accounting . . .... 709 
 
 when preferred, if appointed out of Province. ... 700 
 
 security not given by, another appointed 700 
 
 Advertisement for absent parties on division of estate . . 705 
 
 final settlement 708 
 
 of sale of real estate, and adjournment. . 703 
 
 must be inserted in Royal Gazette., and how long .... 703 
 
 Affidavit to be annexed to account against estate .... .... .... 718 
 
 Appeal bond to be given by appellant within what period and form of 720 
 
 court of, may enforce return of papers by attachment. .. .... 713 
 
 order feigned issue to be made up, &c. 713 
 
 remit cause in certain cases .... .... . 713 
 
 tax costs and enforce payment .... 713 
 
 papers, &o., to be transmitted by judge of probate 713 
 
 entry of, when to be made, and statement filed .... . .... 712 
 
 feigned issue may be ordered to be made up, &c 713 
 
 for special -oause, time to be extended for . . .... .... .... 713 
 
 hearing of, provisions respecting, &c. .. 713 
 
 judge of probate to transmit papers, &c. ... .... .... .... 713 
 
 supreme court, power of, as regards. . . .... .... .... 713 
 
 to be made directly to supreme court 712 
 
 when perfected, a stay of proceedings. , .... .... .... 713 
 
 Appraisement ; issue and return of warrant of 701 
 
GENERAL INDEX. 1389 
 
 PROBATE COURT AJiD PROCEDURE THEREIN-Continned. pack 
 
 Appraisement ; warrant of, to be filed with inventory. . 701 
 
 Appraisers ; fees of regulated according to employment 701 
 
 oath to be taken by, and certified on warrant 701 
 
 Assets, surplus ; distribution of ordered ... .... 711 
 
 Attachment for contempt ; form of .. . .... 719 
 
 Attestation of accounts ; form of, prescribed and given . .701, 718 
 
 informality in, provided for ... .... 702 
 
 Bond ; administrator required to give, and form of . .700, 721 
 
 renew in certain cases 700 
 
 executor may be ordered to give, in certain cases. ... .... .... 714 
 
 for license to sell real estate, form and liow given .... .... 702, 722 
 
 on appeal from decision of judge of probate. .... .... .... 712 
 
 death or insolvency of surety, new to be given .... .... 700 
 
 registrar to give . .... .... 697 
 
 required in cases of distribution where party entitled is unheard of for 
 
 ten years .... 717 
 
 suit on, how and when to be commenced ... .... 7 J 3 
 
 Canadian legislation, not contravened, &c .... .... .... 718 
 
 Citation ; on final settlement, on whom to be served, &c., and form of. . . 708, 719 
 
 service of, how made, &c. , expense how borne, &c. ... .... 709 
 
 personal, when unnecessary . . .... .... .... 708 
 
 to administrator by successor .... .... .... .... 715 
 
 co-executor by executor, after 1 8 months .... .... 710 
 
 executor, by party interested after 18 months .... .... 710 
 
 to give security for sale of land .... .... .... 702 
 
 parties interested in cases of proof of will in solemn form, . . 716 
 
 widow to take or renounce administration .... 699 
 
 when publication of in Oazette sufficient 716 
 
 Commissions, to executors, &c., how allowed and apportioned 711 
 
 Costs ; bond for to be given on appeal to supreme court 712 
 
 court of appeal may award and enforce payment ... . 713 
 
 order, &c., on feigned issue .... 713 
 
 how allowed, recovered, reviewed, &c .... .... 710 
 
 taxed on division of estate .... .... 705 
 
 of serving citation, by whom to be borne .... 709 
 
 value of estate as to, how estimated at first 715 
 
 Court of Chancery ; powers to be exercised by in certain cases .... 711 
 
 Debtor, named as executor, not to extinguish debt .... .... 707 
 
 Debts ; desperate, proceedings for disposal of .... 707 
 
 executor, &c., to pay after 18 months. 710 
 
 mortgages, judgments, &c., not to be affected .... 711 
 
 preferential, order in which to be paid. .... 711 
 
 proceedings where personal estate insufficient to pay .... 702 
 
 undevised real estate first sold to pay . .... 703 
 
 Decrees, book for registry of, to be kept 712 
 
 may be appealed from, and how .... .... .••• 712 
 
 must be regularly filed and registered 712 
 
 Distribution in cases of party entitled being unheard of for ten years 717 
 
 provisions for .... .... ••.• ■■■'. •■'" "•• Z ' 
 
 Division of real estate ; judge may order among persons entitled 704 
 
 assignment of dower on. . . . .... 706 
 
 plans to be prepared for 705 
 
 shall confirm, amend or reject with costs .... 705 
 
 made by three disinterested freeholders, sworn .... 705 
 
 minors to have guardians appointed for them 706 
 
 not valid unless two freeholders concur in . . . 705 
 
 notices to be given and published before confirmation of 705 
 
 proceedings in case, cannot be made without prejudice 704 
 
 of among collaterals, &c. .... 705 
 
 whole may be ordered to one heir, in what cases .... 706 
 
 Dower may be assigned on division of real estate .... 705 
 
 Evidence ; affidavit of executor, &c., of advertisements, &c 703 
 
 conveyance presumptive omnia rile acta .... .... .... 704 
 
1390 
 
 tJENEEAL INDEX. 
 
 PROBATE COURT AND PROCEDURE THEREIN-^Contlnaed. 
 
 Evidence ; final settlement conclusive of certain facts .... 
 Execution for costs ; form of . .... .... .... 
 
 may issue on decree ... .... .... 
 
 Executor ; advertisements to be published by, in Gazette, &c . 
 affidavit for license to sell real estate, made by . . 
 after 18. months to make distribution, &c. ... 
 authority of, may be cancelled in certain cases . . 
 commission, how allowed and apportioned . . 
 creditor's debt not extinguished by being named . 
 forfeiture for neglecting to file inventory .... 
 
 prove will . . .... 
 
 further inventory may be filed by . . 
 
 inventory shall be filed within 3 months .... 
 
 how ordered to distribute estate, where party entitled 
 
 of for 10 years .... 
 
 may adjourn sale of real estate .... .... 
 
 apply for citation for final settlement . . 
 
 be cited to account after 18 months .... 
 
 by his successor .... 
 
 ordered to give security .... .... 
 
 pay money into bank .... 
 
 cite co-executor to account .... .... 
 
 new may be appointed in certain cases .... 
 
 notices of sale of real estate, given by . . .... 
 
 oaths to be reduced to writing and signed . . 
 refusing to act, administration granted . .... 
 
 . security, to be given by, before license to sell 
 specific compensation to; in lieu of commission . . 
 . vouchers to be produced by on accounting . . 
 when creditor, account when to be filed. .... 
 
 security not given, another appointed . 
 Pinal settlement ; all parties interested may contest .... 
 
 citation, form of, how and on whom served, &Ci 
 conclusive evidence of certain facts .... 
 
 hearing may be adjourned and auditors appointed 
 
 powers of court as respects .... 
 
 vouchers to be produced by executors, &c, . . . 
 Forms ; schedule containing, &c. . .... .... .... 
 
 Guardians, appointed for minors on division of real estate .... 
 
 Guardianship, letters of, must be registered .... .... 
 
 Insolvency of estates, how declared and how to be pleaded 
 
 judgments, mortgages, &c., not affected 
 order in which assets are to be distributed 
 Inventory ; articles to be omitted in making .... .... 
 
 . , forfeiture for neglecting to file .... .... .... 
 
 further to be filed within reasonable time .... 
 
 must be filed within three months . .... .... 
 
 Judge appointed by Governor-in-Council and sworn .... 
 
 interested in estate, surrogate may be appointed . . , . . 
 may amend his report of evidence . . .... .... 
 
 order distribution where party entitled is unheard of 
 not to be professionally concerned . . .... .... 
 
 power to issue compulsory process, &c . . .... 
 
 . . surrogate may be appointed by in certain cases .... 
 
 Letters ad colligendum, how granted . . .... 
 
 must be registered .... .... 
 
 License to sell ; entry and registry of provided for .... .... 
 
 evidence of, what to be sufficient ... .... 
 
 how granted and on what proof . . . . 
 
 long to continue in force .... . . . , i . 
 
 notices, how given and authenticated .... 
 
 proceedings where security for not given 
 
 security to be given before issue of 
 
 for 
 
 PAGE 
 
 .... 709 
 719 
 
 .... 710 
 703 
 
 .... 702 
 710 
 
 .... 714 
 711 
 
 .... 707 
 700 
 
 .... 714 
 700 
 
 .... 700 
 unheard 
 
 717 
 
 .... 703 
 708 
 
 .... 710 
 715 
 
 .... 714 
 715 
 
 .... 710 
 703 
 
 .... 703 
 700 
 
 .... 714 
 702 
 
 .... 715 
 709 
 
 .... 707 
 703 
 
 .... 709 
 ... 708, 719 
 
 .... 709 
 709 
 
 .... 711 
 709 
 
 718 to 722 
 705 
 
 .... 712 
 708 
 
 .... 711 
 711 
 
 .... 701 
 700 
 
 .... 700 
 700 
 
 .... 697 
 698 
 713 
 717 
 712 
 714 
 698 
 714 
 712 
 702 
 702 
 702 
 702 
 703 
 703 
 702 
 
 71; 
 
 ten years 
 
GENERAL INDEX, 1391 
 
 PROBATE COCRT AND PROCEDURE THEREIJf-Continued. paoU 
 
 Oaths ; judge may authorize administration of in certain cases . . .,,.,. 715 
 
 Petition. See Proof of Will in Solemn Form 716 
 
 Process ; compulsory may be issued by judge ...... 714 
 
 how directed ...... ...... 714 
 
 Proctor not necessarily to be employed in proceedings .,..,, ...... 714 
 
 Proof of will in common form, when sufficient j . j . . , ' 717 
 
 when deemed valid ■ 717 
 
 Proof o!f will in solemn form ; affidavit to verify petition for 7 16 
 
 citation contents of, &c 716 
 
 how published where heirs, &e., reside 
 
 in Province .... i 7l6 
 
 • how published where heirs, &ci , reside 
 
 out of Province 716 
 
 how published when personal service 
 
 cannot be made , 716 
 
 when returnable . . .■;.., 716 
 
 decision of judge may be appealed from 717 
 
 executor may have 716 
 
 may be compelled by person interested , 717 
 
 petition for, how presented 716 
 
 to be verified by affidavit 716 
 
 what CO contain 716 
 
 when filed, citation to issue . . 716 
 
 publioation of citation 716 
 
 effect of where personal 
 
 service cannot be made. 716 
 
 _ _ unnecessary when ...... 717 
 
 Kegistrar, applications to te entered by in Act Book ,,.,,, 698 
 
 published in the Royal Gazette ...... 698 
 
 appointed by governor in council and sworn , . , . i . ..,.,. 697 
 
 books and papers to be under control of ...;.. 712 
 
 bonds to be given by j . , , . . . . . i , . 697 
 
 different books to be kept by, prescribed ,,. ... ...... 712 
 
 not to be professionally employed ...... '.,,... 712 
 
 temporary, may be appointed in certain cases . . 712 
 
 to make and transmit copies of wills and divisions of real estate 706 
 
 Safes, iire-proof ; counties may be assessed for , , 715 
 
 judges may amerce, if no assessment. ... . j , . . . 715 
 
 provided for preservation of records, &c. 715 
 
 Service where personal cannot be made judge may order publication. . . 718 
 
 Solemn form. See Proof of Will in Solemn Form n . . , . 716 
 
 Surrogate ; appointment of, provided for in certain cases .,,.., 698 
 
 duties and powers, same as those of judge 1 ... 698 
 
 Warrant of appraisement ; form' of .. . ...... 720 
 
 Wills ; applications for probate of, to be in writing 698 
 
 recording, &c. , when made out of province , 698 
 
 forfeiture on executor for refusing to prove 714 
 
 how proved when witness absent, &c 699 
 
 original, when and how taken from office ...... . . 714 
 
 registry of, to be transcript of original ...... 712 
 
 Witness ; attendance of may be compelled by judge. ..... ..... 714 
 
 form of attachment to be issued against. . ...... 719 
 
 . punishable for contempt as in supreme court. . . ...... 714 
 
 Peobate OF Will. See Witnesses and Evidence , ...... 1182 
 
 Pkocedurb in County Coukt. See County Courts, d-c ,...,. 1145 
 
 Magistkates' CotJETS. See Magistrates' Courts, ic. . , 728 
 
 Probate " Probate Court 697 
 
 SuPBEMB " Supreme Court, tbc 799 
 
 Peociamations. See mtnesses and Evidence. . . ...... Ii79 
 
 Proctor. See Costs and Fees ... . , 1268, 1271 
 
 Probate Court ...... 714 
 
 Peomuloation and Constructiok of Statutes. See Statutes, Promulgation, ^c. 2 
 Property. See Assessments, Municipal,, ..... ...... .,,468,480 
 
1392 GENERAL INDEX. 
 
 PAOK 
 
 Pbopbety. See With, ^e ' 637-643 
 
 Crown. Trespasses to. See Crown Property 149 
 
 Proprietors. See Common Fields . 319 
 
 Sewers, Dyked and Marsh Lands, , . ... .313, aqq 
 
 PROSPECTIN^G License. See Mines and Minerals. 75, 79, 80 
 
 Protection of Constables. See Constables, Protection of 179 
 
 Justices of the Peace. See Justices, &c '125-'727 
 
 Married Women in certain Cases. See Married Women, Pro- 
 perty of 671, aqq 
 
 PROTHONOTAKIES 175 
 
 Appointment of for each county by Governor-in-Council. . ....*.. 173 
 
 Bonds to be given by ... . 175 
 
 Deputies of may be appointed by 175 
 
 must file bond before entering on their duties 175 
 
 Fees received by, annual return of 175 
 
 Incapacity of, judge may appoint substitute 176 
 
 May act as clerks of the erovm . 175 
 
 Pbothonotary. See Costs and Fees 1264 
 
 Juries 1 167 
 
 Statutes, Promulgation 3 
 
 Supreme Court, ^c Index 
 
 ProVINOE, Absence prom. See Limitation of Actions. 1197-8 
 
 Great Seal of. See Seal, Great, ^c. 7 
 
 Provincial Examiners. See Public Instruction 219 
 
 Loan. See Public Officers, ^c 162-3 
 
 JIedioal Board. See Medicine and Siir(ji-ry 197 
 
 Road and Bridge Grants, Expenditure of. See Boad and Bridge 
 
 Grants, ^c. 328 
 
 Secretary. See Public Officers, ^c. 155 
 
 Education of Blind 261 
 
 Secretary's Office. See Costs and Fees 1263-4 
 
 Treasurer. See Public Officers 155 
 
 Provisions General, respecting Corporations. &e& Corporations, <i-c. . 562 
 
 LuMBBB, &o. See Inspection of Provisions, ^c 523 
 
 Public Accounts, fi&e Public Officers 155 
 
 Buildings h it 155-6 
 
 PUBLIC CHARITIES, COMMISSIONERS OP 262 
 
 Board of commissioners ; accounts of to be audited. 263 
 
 appointment and constitution of 262, 263 
 
 by-laws may be made by . 263 
 
 constituted a body corporate .... 262 
 
 duties of : to appoint officials and employes to take 
 
 care of public institutions .... 263 
 attend to the management of certain 
 
 public institutions , . . 262 
 limit expenditure to the ordinary main- 
 tenance of the institutions. , . . 263 
 take no contract for supplying public 
 institutions, or be surety there- 
 for ^ 263 
 
 visit public institutions at least twice 
 
 a year 263 
 
 property in certain institutions and assets to vest in 263 
 
 See Hospital for Insane, Property, &c. 264 
 
 quorum of . . ..,,'.. 262 
 
 remuneration of members ...... 262 
 
 secretary of. See Public Officers, Certain, ^c 155 
 
 terms of office .".... 262 
 
 to have management of certain public institutions 262 
 
 vacancy in, how filled .... ..,,.. 262 
 
GENERAL INPEX. 1393 
 
 PUBLIC EXHIBITIONS 522 
 
 Application for license for, to whom to be made, &c. 522 
 
 Clerk of license, duty of on application for license 622 
 
 when absent, or residence distant. 522 
 
 Fee to clerk or justices granting license .... 522 
 
 Fine for unlicensed exhibition, how recovei-ed, &c.. 522 
 
 Fines, &c., clerk of license to receive and pay over 522 
 
 Halifax, city of, exempt from operation of chapter 522 
 
 License, how applied for and obtained 522 
 
 justices may grant in certain cases 622 
 
 not operative out of municipality . . 522 
 
 penalty for exhibiting without 522 
 
 Treasurer, municipal ; fines, &o. , to be paid over to ■ 522 
 
 PUBLIC GROUNDS, SUPERVISORS OF 486 
 
 Appointed by council on application of freeholders 486 
 
 Encroachments, &o., upon roads, proceedings in cases of 487 
 
 Expenses of removing encroachment ; how borne, recovered, &c 487 
 
 Fine for disobeying written order of . . 487 
 
 Incorporated, and by whac corporate name . . 486 
 
 Lands and property, what exempted from chapter. 487 
 
 Leases of public lands, how made and for what term .... 486 
 
 Legal title, of what grounds, &c. , vested in ...... 486 
 
 Order of ; appeal will lie from to supreme court 488 
 
 if confirmed, costs of appeal how paid. . . 488 
 
 reversed n i. ir 488 
 
 proof of, what sufficient on trial 488 
 
 record of, to be signed and filed . . 488 
 
 Roads, affected by provisions of chapter 489 
 
 disputes as to line or width of, how settled 489 
 
 freeholders appointed to lay off and widen. 489 
 
 municipal council, to take action on order if approved 489 
 
 order for widening, how to be made, &c. ... 488 
 
 proceedings to be submitted to council 488 
 
 width of , restricted to sixty-six feet 489 
 
 Sections 13, 14, 15, 16, not to apply to city of Halifax 489 
 
 Township, meaning of term in chapter 489 
 
 PUBLIC ISSTRUCTIOX 2J8 
 
 Academies, county ; amount of annual grant to . . . ...... 235 
 
 counties entitled to grant to 235 
 
 Assessments ; additional, equal to 30 cents per head, annually, how made. . .. 231 
 
 how paid and appropriated, &o. 231 
 
 ratio in which schools shall participate 231 
 
 amount of, clerk of municipality to notify, and to whom 233 
 one half to be advajiced annually from Provincial 
 
 treasury.. 233 
 
 charge on estate in hands of representatives, &c 233 
 
 definitions of certain terms in sections 45, 49 ... 232, 233 
 
 exemption of certain property from seizure for 234 
 
 how collected when majority of rate-payers determine on. . ..231, 232 
 
 in case of transfer to be a charge on the property 233-4 
 
 on property, in hands of assignee, &c. 233 
 
 executors, trustees, &c 234 
 
 of corporation, or company, or firm. 234 
 
 non-residents, when to be made 233 
 
 ordained clergyman or unmarried woman or 
 
 widow 234 
 
 poll tax, how to be assessed and levied .... 232 
 
 roll may be referred back to assessors in certain oases 235 
 
 section to receive benefit of . . . 235 
 
 where rate- payers refuse, &c., to make, proceedings 233 
 
 89 
 
1394 GENEEAL INDEX. 
 
 PUBLIC INSTRUCTIOX-Continned. page 
 
 Attendance j adoption of sections regarding : 
 
 annual school meeting to vote on.. ...... 241 
 
 Halifax city council annually to vote on, 242 
 
 manicipal councils m h h 242 
 
 town councils n n n 243 
 
 duties of Halifax school commissioners if vote ' ' yea '' . . 242 
 
 town councils n it 242 
 
 trustees ■ n n < . :i41 
 
 Fine for non-attendance : 
 
 amount of ...... 241 
 
 appeal from imposition of . ...... ...... 242 
 
 exemption from .... ...... ...... 242 
 
 how collected ..... ...... 241 
 
 schedules regarding .... ...... ...... ..... 243 
 
 Books ; how prescribed and supplied ...... ...... 218, 230 
 
 secretary of trustees to take care of ...... 230 
 
 Border section ; definition of term '. ...... ...... ' 244 
 
 returns of, how made. ...... 228 
 
 sites of school houses in, how fixed .... ...... 225 
 
 City of Halifax ; authority and constitution of board of commissioners 244 
 
 board, chairman of, elected by . . 245, 247 
 
 grants to be paid to by Superintendent . 247 
 
 may act though some conmiissioners irregularly 
 
 appointed or refuse to act 245 
 
 aid any free school in city . 245 
 
 borrow money for sites and buildings 246 
 
 effect insurance on school buildings, .... 248 
 
 issue debentures bearing interest . ...... 247 
 
 secretai-y of, appointment and salary 247 
 
 shall furnish annual reports, returns, &c. 245 
 
 provide sufficient accommodation, &c. . . . 245 
 
 title of public school property vested in, exception . . 247 
 
 vacancies in, how filled 245 
 
 chairman of board . . ...... ... 245, 247 
 
 city council, authorized to assess city for school purposes . . . 246 
 
 limit of amount to be levied 246 
 
 mode of levying and collecting assessment 246 
 
 objects to be provided for out of assessment, 246 
 
 treasurer to pay over assessment to board . . ...... 248 
 
 office of commissioner, duration of, appointed by council, 245 
 
 Government, 244 
 
 elegibility for re-appointment to .... 245 
 
 extraordinary vacancy in, how filled, 246 
 
 poll tax, how to be levied and collected 247 
 
 provisions of chapter, how far applicable to 248 
 
 real and personal estate in, owned in other sections 232 
 
 remuneration to board fixed, and how apportioned. . . 247, 248 
 
 Colored pupils, &c ...... ...... 219 
 
 Commissioners ; appointment by Governor -in-Council, how made 221 
 
 notice of 245 
 
 boards of, consolidation of in certain eases 221 
 
 council of public instruction to fix time of meetings. . . 218 
 
 exemption from school rate, of inhabitants of islands, &e, . . . 223 
 
 meetings, annual proceedings at 221 
 
 place of determined by council ...... 221 
 
 special, how held and notified, &o. ...... 221 
 
 poor sections, special aid granted to 222 
 
 powers of, to alter existing sections 221 
 
 appoint trustees in certain cases. , ... 222, 2231 
 
 create new sections . . 221 
 
 declare school houses, &c., unfit, &c. . . , . " 222 
 
 exempt from school rate in certain cases 223 
 
 unite two or more school sections ...... 222-223 
 
GENERAL INDEX. 1395 
 
 PUBLIC IXSTRtCTION- Continued. 
 
 Lommissiouers ; quorum of, three 221 
 
 real estate may be held by, in trust , 222 
 
 select committee ef to perform certain duties. . 922 
 
 Council of public instruction ^ Executive Council to form , 218 
 
 five to be a quorum. 218 
 
 ipotuers and duties of, dcfned, viz. : ' 
 
 to appoint inspectors of sohoftls 218-219 
 
 provincial board of examiners .... . 219 
 arrange for apartments for difterent sexes or 
 
 ditEsrent colors 219 
 
 ■call special meetings of board of commis- 
 
 sicMiers 218 
 
 cancel or grant teachers' licenses 219 
 
 -change -existing commissioners' districts 220 
 
 ■determine appeals from commissioners, &c. . 218 
 ■divide Province inte inspectoral districts, 218 
 
 •draw from treasury, grant for libraries 219 
 
 &c.-, sum for publication of printed 
 
 instructions, &c 219 
 
 to pay provincial examiners, 219 
 Sx time for semi-annual meeting -of commis- 
 sioners . . ...... 218 
 
 make provision to meet exigencies, &c., 219 
 regulations concerning normal school, 218 
 relative to county acade- 
 mies 218 
 
 J)rescribe form of school registers .... 218 
 
 text-books, apparatus, &c. 218 
 
 i'egulate classification of teachers 218 
 
 ■dra-wing and expenditure of moneys, 218 
 
 holidays, vacations, &c. 218 
 
 school books . , 218 
 
 •Superintend normal school, &c. 218, 220 
 
 •secretary -of. Provincial Superintendent to be. . ' 218 
 
 County, definition of term . . . 233 
 
 District, " " ........ 244 
 
 Halifax Grammar School, title to, not vested in commissioners 247 
 
 -Inspector ; appointed by council of public instruction 218 
 
 certificate of, evidence as to school sections ... 239 
 
 duties of, dejined as follows, viz. : 
 
 to act as clerk of board of oommissi-oners 238 
 
 aid superintendent of education 239 
 
 trustees and teachers, &.c. ... 238 
 
 •appoint place for lodging returns, &c. .^ 239 
 
 -difl'use' information -as tO' school houses, &c. . . 239 
 
 fines received to be reported by 239 
 
 'give bond for discharge of duties . . 238 
 
 hold public meetings frequently. 239 
 
 keep on hand and distribute blank forms 239 
 
 record of boundaries of sections ..-..-.. 238 
 
 make and transmit reports and returns . . 238, 239 
 
 visit and inspect schools, &c., semi-ann-ually . . 238 
 
 'fexempt from town offices and juries 243 
 
 payment-of, council of public -instruction to make provision for. 218, 219 
 
 ^Libraries ; grant to be drawn from treasury. . .. 219 
 
 how managed and regulated, &c 219 
 
 Normal school 5 appointment -of principal of. 243 
 
 council to regulate and superintend . . 21.8, 220 
 
 exemption of teachers ftom town offices and juries 243 
 
 Poll-tax ...... .. 2;!2 
 
 Poor sectiohs, provisions regarding ... _. ...... ... 222, 243 
 
 Provincial Examiners, how appointed and goaid 219 
 
 Rate-pajyer, definition of term ...... ...... ........ .-...., 244 
 
1396 GENERAL INDEX. 
 
 PUBLIC INSTRUCTIOSf-Continued. page 
 
 Returns of trustees ; how and when made ... 228 
 
 penalty for false, &c 244 
 
 Schedule of counties receiving academy grants 235 
 
 School meetings ; annual, hold, when and where. . . ... 235, 2.36 
 
 how organized .... 236 
 
 not held, provision in case 237 
 
 auditors, appointment and duties of ... . ..'.... 237 
 
 provision when annual meeting fails to appoint. . . . 237 
 
 penalty on rate-payer for false declaration 236 
 
 rate-payers to decide amount to be raised 236 
 
 right to vote at when challenged 236 
 
 sale of school houses, how decided at 236 
 
 special, notice of to state object of 237 
 
 School visitors ; who entitled to be ex officio 243 
 
 year ; to consist of winter and summer terms 243 
 
 Secretary of board of commissioners, inspector to act as 238 
 
 council of public instruction, superintendent to be 218 
 
 Halifax city school commissioners, appointment of . . 247 
 
 trustees, aijpointment of . 225 
 
 bond to be given by, and how 229 
 
 lodged with clerk of the municipality 229 
 
 commission payable to and at what rate 229 
 
 duties of, dejiiii'd as folloivs, viz, : 
 
 to collect and disburse school moneys 230 
 
 make up accounts at least three days before 
 
 annual meeting ... 237 
 
 keep accounts, &c. , of the board . . 230 
 
 record of books, apparatus, &c 230 
 
 school house in repair, &o . . . 230 
 
 post up collector's roll 230 
 
 supply copies of school register. . .. 230 
 
 copy of inventory, &c. 230 
 
 take care of library books 230 
 
 transact all business of board 230 
 
 Section ; definition of term in chapter 244 
 
 Sections ; alterations in boundaries of, how made 221 
 
 border, returns of, how made 228 
 
 commissioners may unite two or more, &c 222 
 
 creation of new 221 
 
 poor, special aid may be given .... 222 
 
 sparsely peopled, exempted from rate ... 223 
 
 Superintendent of education ; annual salary and travelling fees of 220 
 
 ap{)ointed by Governor-in-Council 218 
 
 duties of defined as follows, viz. : 
 
 to act as secretary of council of public in- 
 struction ..... 218 
 
 apportion county fund and pay provincial 
 
 grants 220 
 
 enforce provisions of chapter and orders 
 
 of council . , 220 
 
 have general supervision of inspectors, &c. 220 
 hold public meetings and institutes of 
 
 teachers 220 
 
 inquire and report as to teachers' quali- 
 fications ... 220 
 
 inspect county academies and schools . . . 220 
 make annual report on state of academies 
 
 and schools . . 220 
 
 prepare and furnish gratis printed in- 
 structions, blank forms, &c 220 
 
 promote the establishment and efSciency 
 
 of county academies 220 
 
 exempt from town offices and juries 243 
 
 may withhold Provincial grant in certain cases 238 
 
GENERAL INDEX. 1397 
 
 PUBLIC ISSTUUCTION-Coiitinued. paob 
 
 Teachers ; annual sums from Provincial treasury payable to ... . 230 
 
 assistant, how paid, &c 231 
 
 dismissal of for inefficiency, &c 238 
 
 duties of, defined as follows, viz. : 
 
 not to attempt to establish school without agreement. . . 239 
 
 to call roll morning and afternoon . . 239 
 
 certify correctness of semi-annual returns 240 
 
 form of certificate, on oath 240 
 
 co-operate with trustees in classifying pupils 240 
 
 furnish general school information 240 
 
 give attention to cleanliness, &c. , of pupils 240 
 
 have care to usage of books, fee. . 240 
 
 hold public examinations of school .... 240 
 
 inculcate principles of Christian morality .... 240 
 
 notify meetings, through pupils 240 
 
 reimburse for school property destroyed 240 
 
 teach diligently and faithfully 239 
 
 exemj t from town offices and juries .... 243 
 
 must hold license from council ... 239 
 
 payment to, according to grades 230 
 
 payments to be made semi-annually 231 
 
 unlicensed, not to be employed 231 
 
 Terms ; summer and winter in school year . . 243 
 
 Trustees ; annual election of, provided fo r . 223, 224 
 
 board of, how composed, &c. 223 
 
 duties, ^'C. , of defined as follows, viz : 
 
 to adopt measures for preserving health of school 228 
 
 appoint secretary of board of trustees 225 
 
 determine sites of school houses, &o. ... .,. 225 
 
 dismiss or suspend teachers in certain cases ... 228 
 
 dispose of school lands for sale 226 
 
 employ teachers for section ...... 227 
 
 expel or suspend pupils for disobedience, vice, &c. . . _ 228 
 
 furnish list of ratable iidiabitants to clerk of municipality.. 227 
 
 give notice of opening of schools, &c. ... 227 
 
 school meetings. ... 228 
 
 insure school houses against fire ...... 224 
 
 hold school property of section . . 225 
 
 lease or rent lands or buildings 225 
 
 meet and organize, and when .... "25 
 
 pay judgment obtained against trustees, &c 229 
 
 teachers ratably to close of service 228 
 
 prepare and lodge school returns 228 
 
 present annual report on state of school 228 
 
 provide for erection of school houses. ... 227 
 
 school accommodation and privileges . 226 
 
 ' summon special meetings of rate-payers . . 229 
 
 visit schools every quarter 228 
 
 «lection of, irregular, not to invalidate, &c. . . . 225 
 
 incorporated and by what title 224 
 
 insolvent, &c ^_^* 
 
 majority of, to be ratepayers ^^* 
 
 may admit pupils from other sections ^f4 
 
 co-operate with academic institutions 224 
 
 dismiss or suspend teachers . 228 
 
 effect insurance on school buildings 225 
 
 exempt from school tax 229 
 
 resign with consent of co- trustee ... -^^5 
 
 penalty on for refusal ts act 22o 
 
 persons not eligible to be . . • • ^^* 
 
 pupils' attendance regulated by . . ^^ 
 
 secretary of . . " ' \^ ' t -i. ....... ^^9 
 
 special meetings for voting raoney^ called by . . ., 
 
 .229 
 
1398 
 
 GENERAL INDEX. 
 
 PUBLIC INSTRUCTIOiX-Coniinued. 
 
 Trustees ; vacancy in board, occasional, how filled. 
 
 vote for, payer of poll-tax qualified to .... 
 
 Visitors of schools, who to be 
 
 PtiBLic Landings. See Bridges and Public- Landings:. . 
 
 Soads other- than certain Great .... 
 
 PUBLIC MABKETS 
 
 Accounts to be rendered to- council .... 
 
 By-laws, for regulatuig markets made by council' . . 
 Clerks of markets how appointed, sworn, (fee. .... 
 
 Existing markets confirmed ; new, how established' 
 
 Penalties, how recovei ed and applied .... 
 
 Rents of stalls, &c. , how to be applied 
 
 PUBLIC MATTERS, INQUIKIl^S rONCERNIICG 
 
 Powers conferred by Governor-in-Cbuncil on person conducting en(|mry. . 
 
 effect of such 
 
 of commissioners of public charities 
 
 Public Medical Officer. Bee Medicine and' Surgery 
 
 PUBLIC OFFICERS, CEBTAIX, THEIR SALARIES AND DUTIES... 
 
 Accounts checked and certified by Provincial Secretary . ^ 
 
 keeping and filing of 
 
 yearly to be laid before Legislature 
 
 Acts ; certified copy to be furnished Queen''s Printer by clerk of Assembly . . 
 
 how printed, distributed and disposed of 
 
 Attorney-General, a member of Provincial administratioG 
 
 salary of ... . 
 
 Bonds of, taken in H er Maj esty's name 
 
 the sureties on 
 
 Cashier ? a clerk to Provincial Secretary . . . 
 
 bond gi^'gn by 
 
 leturns by to be made quarterTy to Provincial Secretary 
 
 salary of ..._.. 
 
 Chief clerk in Mines oiSce, salary oi'.. 
 
 Works office, ' n 
 
 Clerk of Assembly to furnish certified copy of Acts to Qneen's Printer 
 
 Commissioner of Public Worl?^ and' Mines, a member of Provincial adminfei- 
 
 tration 
 
 duties and powers of ..... 
 
 salary of:. ... . ....... 
 
 Crown Land office, salaries of clerks iit 
 
 . Deputy Provincial Secretary, salary of 
 
 Executive councillors ; which, when , and how paid 
 
 First clerk in Crown Land office, salary of 
 
 tiovemcr may direct management of Provincial Secretary's office . : 
 
 private secretary of, salary of 
 
 Govemor-itt-Cbuncit may make regulations for management of Public Works 
 
 open bank account and borrow money 
 
 pledge public fund's as security 
 
 Journals of houses,, how printed, &c 
 
 Moneys, pablic ; borrowing of .... .... 
 
 drawing for,, and payment of ... . 
 
 returns of . . .... .... 
 
 Printing, confldefttial' 
 
 (See Queen's Printer^) 
 Private secretary of Governor, salary- of .... .... 
 
 Provincial engineer, appointment of .... .... 
 
 salary of .... .... .... 
 
 property, legal title to, vests in commissioner of public works and 
 mines .... ... .... ... 
 
 , Secretary ; accounts, to be checked, and certified by . 
 
 fage; 
 . 224' 
 
 232- 
 . 24.3- 
 . 352' 
 
 32r 
 
 . 492 
 49.3- 
 
 .492-3' 
 4^2-3' 
 
 . 492- 
 49.3- 
 
 . 49.3- 
 
 1234 
 1234 
 1235 
 1234 
 203- 
 
 155 
 
 155-6: 
 
 . 156 
 
 156 
 
 . I5S 
 
 158-!^ 
 
 . 155 
 
 155 
 . 16? 
 
 164 
 . 155 
 
 155 
 . 156 
 
 155 
 . 155 
 
 155 
 . 158- 
 
 155 
 157 
 155 
 155 
 155 
 163 
 155 
 156-7 
 155 
 157 
 162 
 162 
 160 
 162 
 156 
 163 
 161 
 
 155 
 162 
 155 
 
 157 
 155-6i 
 
GENEEAL INDEX. 1399 
 
 PUBLIC OFFICERS, CERTAIN, THEIR SALARIES AND DUTIES- 
 
 Contiuued. p^^qj. 
 
 Provincial Secretary a member of Provincial administration 155 
 
 bond given by "' 155 
 
 duty of, as treasurer .... 156 
 
 salary of .... .... .... .... .... 155 
 
 to furnish Queen's printer list of departments, &c., 
 
 entitled to printed statutes, &,o. . . . 158 
 
 treasurer of Province .... ... .... 155 
 
 Queen's printer ; certificate of, before payment of bills for printing ' 161 
 
 commissioner of public vporks and mines to be 157 
 
 confidential printing under his superintendence 161 
 
 contracts for printing, how made. .... .... 160 
 
 no interest of, in .... 162 
 
 copy of Acts, certified to, from clerk of assembly. . .... 158 
 
 duties of, as to printing .... 157-8 
 
 contracts, &c ..... 161 
 
 estimates prepared by .... 161 
 
 expense of printing, how paid ... . .... .... 161-2 
 
 furnishes printed Acts to members of house, &c 158 
 
 Governor-in-Counoil may make regulations for, &c 162 
 
 iournals of house printed under superintendence of ... . 160 
 list of departments, &c., entitled to printed statutes furnished 
 
 by Provincial Secretary. 158 
 
 penalty for false certificate.. .... .... 161 
 
 record of transactions of his office .... 161 
 
 reports of to Governor annually .... .... .... 159 
 
 returns of, quarterly, of money received from Royal Gazette, 160 
 
 salary, none attached to office of. .... .... .... 157 
 
 security given by . . . .... .... .... .... 162 
 
 Royal Gazette ; copy of prima facie evidence of originals of statutes, procla- 
 mations, &c .... .... .... .... 159 
 
 Governor-in-Connoil may regulate publication of .... 159-160 
 proclamations, public notices, &c., to be published in .... 159 
 Queen's printer to make returns of money received on account of 160 
 Secretary of the board of public charities ; appointment, duties and qualifica- 
 tion of 157 
 
 not to have interest in contract 
 
 for printing .... 1 62 
 
 salary of .... .... .... 155 
 
 Tenure of office by . . .... .... .... .... .... .... 164 
 
 Treasurer of province. Provincial Secretary to be. . .... ... .... 155 
 
 salary, none attached to office of . . .... .... 156 
 
 PUBLIC RECORDS 
 
 All vested in Her Majesty. . . .... .... 
 
 Appeal from judge's order .... .... .... 
 
 Person taking, withholding, &c. , proceeded against . . . 
 Procedure, mode of, &c. . .... .... .... 
 
 Whether order absolute or nisi, discretionary - ,. , . 
 
 Public Wells. See Fires and Fireivards .... .... 
 
 153 
 153 
 154 
 153 
 153 
 154 
 498 
 
 PUBLIC WORKS, SUBSCRIPTIONS TO 490 
 
 Commissioner, &c. , may enforce payment of, after notice ... .... .... 490 
 
 Executors or administrators, only bound in certain cases ... .... 490 
 
 Liability of subscribers, notwithstanding apparent want of consideration .... 490 
 
 Moneys recovered, to be applied to object subscribed for .... .... 490 
 
 Subscribers to roads, churches, school houses, &c., how liable .... .... 490 
 
 Suits for recovery of, by whom and how to be brought. .... 490 
 
 Publication. See Wills, d-c 638 
 
 Pumps and Wells. See Streets, Commissioners of. .... .... 349 
 
 Punishment and prevention of weongs to Childebk, See Children, §-c 683 
 
1400 GENERAL INDEX. 
 
 Q. 
 
 PAGE 
 
 Quakers and Moravians may affirm. See Statutes, Promulgation 4-5 
 
 Qualifications OF Judges. Hee Counlt/ Courtx, SfC 1145 
 
 Supreme Court, ^c. ... .... .... .... 799 
 
 Jurors. Juries... .... .... .... .... 1167 
 
 Medical Practitioners. See Medicine and Surgery. 199 
 
 Qualification of Voters. See Election of Merabers of House of Assembly . . . 31-34 
 
 Queen. See Stat,utes, Promulgation . . .... .... .... 3 
 
 Questions of Fact. See Supreme Court, Sfc 809, 813-4, 880-1 
 
 Law. " " " 863,879-880,898-9 
 
 E. 
 
 RABID ANIMALS 217 
 
 Rabid animals found at large, may be destroyed 217 
 
 if suspected, may be secured .... .... .... .... 217 
 
 ordeis for preventing danger from, how made. ... .... 217 
 
 RAILWAY COMPANIES AND THEIR CREDITORS 419 
 
 Actions when and how company may restrain . 419 
 
 Arrangement, scheme of. .... .... .... .... .... .... 419 
 
 Assent in what cases nnnecessary for holders of securities .... .... 420 
 
 of creditors, what constitutes .... .... .... .... .... 419 
 
 ordinary shareholders .... .... .... .... .... 420 
 
 preference " .... .... .... .... .... .... 419 
 
 Attachment against company a,fter notice of scheme not enforceable without 
 
 leave of court.. .... .... .... 419 
 
 leave to enforce, how may be obtained .... .... .... 419 
 
 Bondholders, assent of unnecessary, unless prejudicially affected .... 420 
 
 Company may propose scheme ... .... .... .... .... .... 419 
 
 restrain actions after filing scheme .... .... .... 419 
 
 shall keep and sell printed copies of scheme .... .... .... 420 
 
 Confirmation of scheme, when may be had on application to court .... 420 
 
 Court may confirm scheme on petition, &e. .... .... .... .... 420 
 
 restrain actions after filing of scheme .... .... .... 419 
 
 scheme to be enrolled in . . . .... .... .... .... .... 420 
 
 filed in 419 
 
 Creditors ; assent of three-fourths in value, in writing required .... .... 419 
 
 Enrollment of seheme in court after confirmation renders it effectual .... 420 
 
 Execution against company after notice of scheme not enforceable without 
 
 leave of court. .... .... 419 
 
 leave to enforce, how obtained 419 
 
 Explanation of terms used in this chapter .... 419 
 
 Filing of scheme ; notice of, how given .... ... .... .... 419 
 
 Interpretation of certain words used in this chapter .... .... .... 419 
 
 Mortgagees' assent unnecessary, unless preiudicially affected .... ... 420 
 
 Xotice of confirmation of scheme, how published . . .... .... .... 420 
 
 enrollment " " 420 
 
 filing " " 419 
 
 Royal Gazette ; application for confirmation of scheme to be published in 420 
 
 confirmation of scheme .... .... .... .... 420 
 
 notice of filing ... .... .... .... . .... 419 
 
 Security, holders of ; assent of when unnecessary .... .... .... 4-20 
 
 Scheme of arrangement ; company may propose. ... .... .... .... 41 9 
 
 directors may apply to court for confirmation of 42J 
 shall be binding and effectual after enrollment in 
 
 court .... .... 420 
 
 to be enrolled in court. . . .... .... .... 42O 
 
 Railway Limits. See Intoxicating Liquors 543 
 
GENERAL INDEX. 
 
 1401 
 
 397. 
 
 RAILWAYS 
 
 Absent or unknown, proceedings where party is .... .... 
 
 Accidents ; coroner's inquest thereon .... 
 
 notice of when to be given .... .... .... 
 
 special report by provincial engineer thereon . . . 
 
 returns of, Governor-in-Council to order form of 
 
 to be made semi-annually under oath 
 
 penalty for neglect 
 
 ' privileged communications .... 
 
 what to contain ... .... .... 
 
 Accommodation, company shall furnish sufficient .... 
 
 Act ; contravention of, a misdemeanor .... .... 
 
 special, companies established under. ... 
 
 Acts, exception as to special .... 
 
 Action, right of, against company for indemnity 
 
 negligence .... .... 
 
 Affidavits, &c. , in commission for taking evidence, how entitled. 
 
 Amalgamation of companies, notice required in case of 
 
 Animals. See Cattle. 
 
 Annual account to be submitted to Legislature .... 
 
 rental fixed and paid for lands in certain cases .... 
 
 returns, company to furnish . . .... 
 
 Apparatus communicating, best to be used by company .... 
 
 Application of fines and penalties .... .... .... .... 
 
 parts first and second of this chapter .... 
 
 to judge where parties absent or unknown . .... 
 
 owners of lands ... .... .... .... 
 
 Arbitration respecting lands. See Arbitrators Respecting Lands 
 
 354 
 366 
 398 
 397 
 397 
 399 
 399 
 400 
 400 
 399 
 388 
 390 
 356 
 406 
 389 
 388 
 412 
 402 
 
 391 
 .... 365 
 
 392 
 .... 406 
 
 410 
 .... 354 
 
 366 
 
 .... 365 
 
 . 366 to 369 
 
 railways, on assuming ownership thereof. See Arbi- 
 trators Respecting Railways 410 to 413 
 
 Arbitrators respecting lands ; appointment of, under what circumstances .... 366 
 
 award of provisions respecting. ... ... .367 to 369 
 
 costs, how paid .... 367 
 
 when company desists 368 
 
 death of 367 
 
 disqualification of .... .... .... 368 
 
 may examine witnesses under oath .... .... 367 
 
 official when appointed by commissioner of pub- 
 lic works .... .... .... 366 
 
 third arbitrator, appointment of 366 
 
 to be sworn by a justice of the peace .... 367 
 
 consider increased value of remaining lands 367 
 
 Arbitrators respecting railways; appointment of under what circumstances. 410, 411 
 
 entitled to travel on trains 41 1 
 
 may compel attendance of witnesses. . . . 412 
 
 neglect to name .. .... .... .... 411 
 
 appoint umpire 411 
 
 penalty for refusing facilities to 412 
 
 umpire when and how appointed 411 
 
 witnesses residing abroad, how examined, . . 412 
 
 Award of arbitrators not invalid for want of form 368 
 
 possession, when may be taken under . .... .... 369 
 
 time within which may be made . . .... 367 
 
 warrant may issue thereon ... .... .... — . 369 
 
 Badge to be worn by servants of company .... .... .... .... 387 
 
 Beach, public ; what extent of may be taken 364 
 
 Bell, locomotive must be furnished with 388 
 
 penalty for neglecting to ring 388 
 
 when to be rung .... 388 
 
 Board of directors. See Directors 380 
 
 Branch railways, company may build. .... ...■ 357 
 
 for certain purposes ... .... 359 
 
 conditions as to constructing .... 359 
 
1402 GENERAL INDEX. 
 
 RAILWAYS— Continued. i"Agb 
 
 Bridges, ascent of .... .... .... • . • ■ ■ • • • • • • • • • • ■ ^]^^ 
 
 height and span of regulated . .... .... • ■ • • 374 
 
 provision with respect to existing .... .... ■ . . • • • • • -'^^ 
 
 to be constructed or re-constructed ... .... .... • • • • ^'" 
 
 Buildings, &c. , company may erect . .... ■ • . • ■ • • • • ■ 357, 3.10 
 
 By-laws, company to make for employes .... .... *"j; 
 
 copies of minutes primd facie evidence of. • ■ • • 387 
 
 forfeiture for contravention of .... *"'5 
 
 form and authentication of .... .... .... ■ . • • *"* 
 
 for management of stock, directors shall make 382 
 
 must be approved by Governor-in-Council 4fl5 
 
 notice of how proved .... .... • • ■ • » ^"^ 
 
 notification of how made public . . • • • . 405 
 
 penalties for breach of .... - . • . ■ • • • ^O^i ^^ 
 
 application of .... 410 
 
 how enforced . . .... .... .... 410 
 
 recoverable ... .... .... .... 409 
 
 may be deducted from salary ... .... 410 
 
 printed copies of to be posted in passenger cars ... .... .... 387 
 
 respecting tolls .... . .... .... • • • • . ■ • • ■ 
 
 subject to revision by Governor-in-Council. . .... 379 
 
 summary interference for infraction of .... .... 404 - 
 
 to be affirmed by Governor-in. Council.. , . .... .... 387 
 
 in writing and signed by chairman .... .... .... 387 
 
 what parties bound by .... 405 
 
 Calls ; actions for recovery of 383 
 
 averments necessary therein .... 383 
 
 evidence therein .... .... - , . . .... 383 
 
 at what intervals made . .... .... .... . • • ■ 383 
 
 directors may make .... .... .... .... • ■ ■ • • ■ • • 382 
 
 notice of . . .... .... 882 
 
 interest payable on overdue .... .... .... .... .... 383 
 
 must be paid before transfer of shares . . .... . — . — 385 
 
 notices of meetings, how published .... .... .... .... 383 
 
 payment of, in advance .... .... .... .... .... 384 
 
 interest allowed thereon ... 384 
 
 how made .... . .... .... .... 383 
 
 penalty for refusal to pay . .... .... .... 383 
 
 shall not exceed amount prescribed by the special Act. ., .... 382, 383 
 
 Capital of companies shall not be impaired by dividends. . . .... .... 385 
 
 stock of companies may be increased . . .... .... .... 360 
 
 Cars, passenger, freight, &c. ; order and arrangement of . . .... .... 388 
 
 Casualties. )See Accidents . . .... .... , , . , . , , , 397, 398 
 
 Cattle-guards to be provided at public road crossings .... .... .... 376 
 
 Cattle, if killed when at large contrary to provisions of section 76, owners to 
 
 have no action therefor .... 408 
 
 liability of company in case of damage to . . . • . ■ .... • ■ • • 376 
 
 penalty for going on railway track with .... .... .... .377 
 
 shall not remain at large on highway .... .... .... .... 408 
 
 when may be impounded ... ... .... 408 
 
 Certificate of proprietorship of shares .... , , , . .... 383 
 
 treasurer sufficient evidence of forfeiture of shares .... 384 
 
 Chairman to have casting vote ... .... .... .... .... .... 380 
 
 sign by-laws . . .... .... .... . . . , .... 387 
 
 Change in location of line ... .... . . . , .... , . . . .... 360 
 
 Chapter ; application of parts first and second of .... , , . . .... 354 
 
 Checks to be affixed on parcels . . .... .... ... .... .... 388 
 
 penalty for refusal to affix , , . . . . , , 388 
 
 City ; speed of locomotive passing through, regulated .... .... .... 407 
 
 trains moving reversely in, how regulated .... .... .... 407 
 
 Collection of penalties, how enforced against companies .... .... .... 410 
 
 Commission for taking evidence : 
 
 Affidavits, &c. , in, how entitled. . . . . , . , , . , . . . .... 412 
 
 Of witnesses residing abroad .... .... . , , . 412 
 
GENERAL INDEX. 1403 
 
 BAILWAT8— Continued. page 
 
 Commissioner of Public Works : 
 
 certificate of of completion of railway, when to be given under authority of 354 
 
 when more space is required by company .... .S73 
 
 efifect of. . .... 373 
 
 to be received as 
 
 authentic 373 
 
 instructions signed by evidence of engineer's authority .... 395 
 
 may direct Provincial engineer to make special repcfft of accident 397 
 
 on death of arbitrator may appoint substitute .... .... .... 368 
 
 official arbitrator when appointed by . . .... 366 
 
 orders of Go vernor-in-Conncil tc» company to be signed by . . .... 399 
 
 shall appoint third arbitrator 366 
 
 give notice of ama.lgamation of companies. ... .... .... 402 
 
 lay companies returns of capital before the legislature 393 
 
 Communicating apparatus best to be used by company . 406 
 
 " Company ;" meaning of word. . .391 
 
 Company ; accident, when notice of, shall be given. . .... — . 397 
 
 amalgamation with other company. . . .... .... .... 401 
 
 arbitrator when may be appointed by . . . .... 366 
 
 arrangements with creditors ..419, 420 
 
 dissolution of. . .... .... .... .... 391 
 
 established under special Act .... 356 
 
 existence of, when to cease .... .... .... .... 391 
 
 liability of, for damage .... .... .... — • - ■ .376, 377 
 
 neglect, &c 388 
 
 inspection not to relieve from 398 
 
 when exempted from .... .... 377 
 
 may mortgage or hypothecate property 358 
 
 meaning of expression, "The Company" .... 356 
 
 must affix checks to parcels 388 
 
 penalty for refusing.. 388 
 
 seal to by-laws . . 404 
 
 submit plans of wharves, bridges, &o 406 
 
 not responsible for disposal of purchase money of lands . ., . . 364 
 
 to purchase stock . . .... .... . — .... 386 
 
 penalties incurred bj , how enforced ■ . . ■ 410 
 
 powers of. See Powers of Company 356-361, 371, 377 
 
 returns of accidents to be made semi-annually 399 
 
 form of .... 399 
 
 penalty for neglect 400 
 
 capital to be made annually .... . ; . . , 392 
 
 traffic to be made monthly . . 392 
 
 penalty for false . . 392 
 
 how recoverable 392 
 
 to be laid before the Legislature _ 393 
 
 privileged communications . . . — .... 39.3 
 
 seal of, to be affixed to by-laws of 404 
 
 shall afford information, &c., to inspecting engineers 395 
 
 make by-laws for employes 409 
 
 notify its officers of orders received from Governor-in- 
 
 Council 399 
 
 thistles, &c., shall clear ground of 408 
 
 traffic, may agree respecting, with any other company .... 400 
 proceedings in case of failure to 
 
 agree .... .... 402 
 
 must afford facilities for forwarding , 400 
 
 to express companies 401 
 
 prepare monthly returns of . . .... .... 392 
 
 when bound by order postponing opening of railway 394 
 
 Compensation by arbitration in respect of railways .... 410 
 
 when paid to prothonotary in respect of lands , . . 370 
 
 to stand in place of land . . , » . . 370 
 
 Conductor ; by-laws must be observed by .... .... 404 
 
1404! ■ GENERAL INDEX. 
 
 BAILWAYS-Continned. page 
 
 Condaetor ; intoxication of, a misdemeanor. . . ^°" 
 
 Conduits, company may make over lands.. .... .... ■ ■ • ■ • • ■ ■ 3' ^ 
 
 Constables, railway ; appointment of, and oath of office .... 402 
 
 dismissal of .... . . ■ • .• • • • 403 
 
 penalty for resisting .... 4fl4 
 
 powers of . . .... .... .... 402 
 
 punishment of, for neglect of duty .... 404 
 
 record of appointments of, to be kept by company 40.3 
 
 Construction of railway ; powers of company to take material for 371 
 
 Contracts ; directors of company shall not be interested in.. 381 
 
 effect of it made before deposit of map, &c. .... .... 364 
 
 special, not to be nullified by this act . . 354 
 
 tenders for, to be invited . .... — . .... ■ • • • -'"0 
 
 Contravention of chapter or special act a misdemeanor 390 
 
 Coroners ; proceedings on inquests before .... .... .... ... - 397-398 
 
 what persons disqualified to sit on jury. 398 
 
 Corporation may be dissolved .... .... .... ... ■ . • ■ 391 
 
 convey lands to railway company .... .... .... 364 
 
 municipality may take stock in company . . .... .... 386 
 
 powers to convey lands, limited, in certain cases .... .... 364 
 
 Costs ; arbitration, how paid .... .... .... .... - . . • 36' 
 
 when company desists .... .... .... 368 
 
 in proceedings for compensation for lands, by whom to be paid. . . 371 
 
 " County ;" meaning of word . .... .... .... .... . . . • 3.55 
 
 Creditors ; arrangements between railway companies and .... .... 419-420 
 
 shareholders' liability to .... 386 
 
 Crossings ; gates and keepers at .... .... .... .... .... 376 
 
 notice to repair level crossing. .... .... .... .... 396 
 
 precautions as to n n .... .... .... ■ . . ■ 407 
 
 restrictions as to highway on level crossing .... 396 
 
 to be fenced .... .... .... .... .... .... 408 
 
 Damages, limitation of actions for .... .... .... .... .... 389 
 
 Dangerous goods must be labelled .... .... .... .... .... 389 
 
 passengers not entitled to carry .... .... .... .... 389 
 
 Death of arbitrator, provision in case of .... .... .... .... 367 
 
 Declaration of dividends. See Dividends . .... .... .... .... 384 
 
 Defence for company, what constitutes .... .... .... .... 406 
 
 Deposit of map, &c. , deemed general notice to owners of lands .... 365 
 
 effect of contract made before .... .... . — 364 
 
 Deviation of line of railway from plan .... .... .... .... .... 362 
 
 Directors, act of majority to bind .... .... .... .... .... 381 
 
 board of shall be elected by shareholders , 380 
 
 chairman to have casting vote .... .... .... .... 381 
 
 duties of 380 
 
 may appoint officers .... 382 
 
 make by-laws for management of stock, &c. . .... .... 382 
 
 calls on shareholders for money. . . .... .... 382 
 
 pay interest on sums called up for shares. ... .... .... 385 
 
 sell or pledge forfeited shares . . .... .... .... 384 
 
 meetings, general, of stockholders, may call .... .... .... 380 
 
 officers, (fee, of company not eligible as .... .... .... 381 
 
 president and vice-president to preside. . .... .... .... 381 
 
 qualifications for. . .... .... .... .... ...-. 380 
 
 shall be subject to shareholders and by-laws .... . .... 381 
 
 not be interested in contracts with company. ... .... 381 
 
 shareholders may vote for by proxy .... .... .... .... 381 
 
 form of proxy .... 380 
 
 term of office of .... .... .... .... .... .... 381 
 
 vacancies how filled .... .... 380 
 
 votes for to be in proportion to shares held .... .... .... 380 
 
 Disqualification for arbitrator, personal interest, sole. . . .... .... 368 
 
 when to be urged ... .... .... .... 368 
 
 Dissolution of corporation ... .... .... .... .... 391 
 
GENERAL INDEX. 
 
 1405 
 
 RAILWAYS-Continued. 
 
 Dividends ; capital not to be impaired by. .... 
 
 declaration of at so much per share .... 
 
 interest not payable on shares in arrears 
 
 payable on sums called up for shares 
 Driver ; by-laws of company must be observed by . 
 
 intoxication of, a misdemeanor .... .... 
 
 Employes ; company to make by-laws for. 
 
 not eligible as directors of company 
 to wear badge, &c. ... .... 
 
 Engineer ; liability of for neglect to ring bells, &C 
 
 punishment of for intoxication . 
 Engineer Inspecting : 
 
 appointed by Govemor-in-Council . . . 
 company to afford facilities to . . . 
 evidence of his authority ... .... 
 
 may forbid running of trains .... 
 
 power of to examine works, &c 
 
 telegraph operators to obey orders of 
 
 to refort to Governor-in-Council .... .... .... 
 
 Engineer, Provincial, to make special reports on accidents.. 
 Engine driver, intoxication of a misdemeanor . . .... .... 
 
 shall observe by-laws of company . . .... 
 
 ■ Engine to be furnished with bell, &c. . .... 
 
 Evidence, affidavits, &c. , for commission for taking, how entitled . 
 
 certificate of treasurer of forfeiture of shares . 
 
 copies of minutes prima facie ... .... ^ 
 
 in actions for calls .... .... .... .... 
 
 of engineer's authority .... .... .... 
 
 meetings, &c. , by public notice in Royal Gazette. . . 
 transmission of shares .... .... .... 
 
 witnesses abroad, how obtained.. .... 
 
 proof of notice of by-law .... 
 
 what is sufficient in certain cases .... .... 
 
 Exception as to special Acts .... .... .... .... 
 
 Express companies must be afforded equal facilities respecting traffic 
 Fare, payment of .... .... . . .... 
 
 penalty for refusal to pay .... .... 
 
 fences ; crossings to be fenced ... .... 
 
 enforcement of provisions respecting . . 
 liability of company previous to erection of 
 
 after erection of. 
 snow fences, power of company to erect on adjoining lands 
 to be erected on each side of railway . 
 
 have suitable gates, &c .... 
 
 Fines and forfeitures, how recovered.. 
 
 See Penalties. 
 
 Foot bridge to be used when provided .... 
 
 Forfeiture, effect of . 
 
 evidence of . . .... .... .... 
 
 directors of company may sell shares on . , . 
 of salary for contravention of by-law . . . 
 shares how taken advs ntage of . ... 
 
 Form, award not invalid for want of .... .... 
 
 Forms of returns of companies 
 
 Freight shall be carried on payment of fare 
 
 Funds of company shall not be used to purchase stock . 
 
 Gates, company to provide- at farm crossings 
 
 municipality may order at road crossings ' ... 
 
 Goods, company may convey 
 
 may be sold for payment of tolls .... 
 
 unclaimed may be sold ... .... 
 
 proceeds, how disposed of . . 
 dangerous must be labelled .... .... 
 
 .413 
 
 PAGE 
 
 . 385 
 
 384 
 . 385 
 
 385 
 . 404 
 
 389 
 . 404 
 
 381 
 . 387 
 
 388 
 . 389 
 
 394 
 . 395 
 
 395 
 . 394 
 
 395 
 . 395 
 
 395 
 . 397 
 
 389 
 . 404 
 
 388 
 . 412 
 
 384 
 . 387 
 
 383 
 . 395 
 
 383 
 . 386 
 
 412 
 . 405 
 
 405 
 . 406 
 
 401 
 . 388 
 
 389 
 . 408 
 
 377 
 . 376 
 
 377 
 . 377 
 
 376 
 . 376 
 
 390 
 
 . 407 
 
 384 
 . 384 
 
 384 
 . 405 
 
 383 
 . 368 
 to 418 
 . 388 
 
 386 
 . 376 
 
 376 
 . 358 
 
 378 
 . 378 
 
 378 
 . 389 
 
1406 GENERAL INDEX. 
 
 RAILWAYS— Continued. ^aoe 
 
 Goods, dangerous, passengers not entitled to carry .... . . , ^ 389 
 
 ' ' Goods "; meaning of term .... . . . •. .... .... .... 355 
 
 Government. See Governor-in-Council. 
 
 telegraph may be constructed .... 390 
 
 Governor-in-Council ; apparatus provided by company as ordered by .... 407 
 
 by-laws to be approved by . . . ■. .... .... 379, 405 
 
 consent of required to build branch lines .... > . 359, 360 
 
 take lands . . . ^ 357 
 
 engineer inspecting to rejjort to . . . . .... 395 
 
 may assume ownership of railway* required and appoint 
 
 arbitrator therefor . .... .... 410, 41 1 
 
 condemn railways in certain cases .... ...» 394 
 
 occupy company's lands to construct government 
 
 telegraph 390 
 
 order erection of bridges .... .... .... 395 
 
 foot bridges . . . ^ 407 
 
 exclusive use of telegraph by government. . . 390 
 
 postponement of opening railways 394 
 
 regulate speed, &c. , of trains . . . •. .... .... 397 
 
 require highway to be carried over or under fail- 
 way 396 
 
 notice of accidents to be given to ... , .... .... 397 
 
 opening railway to be gii-«n to . > , .... 393 
 
 orders of how made known to company .... > . . . 399 
 
 plans and surveys to be submitted to .... 361 
 
 alteration in .... 362 
 of wharves, &c., to be approved by.^ .... 406 
 
 powers of company must be approved by .... 359 
 
 semi-annual returns of accidents made to . . .... 399 
 
 form of may be ordered by . 399 
 
 shall direct examination of railways to be opened . . 393 
 
 signals to be approved by ... . .... .... .... 376 
 
 taritf of railway telegraph lines to be approved by . 361 
 
 to provide for examination as to repairs at level crossings 396 
 regulate building of bridges across rivers. ... .... 406 
 
 Ground, company to keep cleared of thistles, &c .... .... 408 
 
 Guards, cattle, provisions respecting .... .... .... .... .... 376 
 
 .390 
 
 ... 391 
 
 388 
 
 374, 375 
 
 408 
 
 ... 408 
 
 376 
 
 ... 375 
 
 374 
 
 ... 374 
 
 396 
 
 355 
 
 Her Majesty's mails, carriage of 
 
 rights not aflected by this chapter . . ... 
 
 Highways ; bell to ring when engine crosses ... .... 
 
 bridges crossing, provisions respecting. . . , , 
 
 cattle, &e. , not allowed on .... .... 
 
 crossing to be fenced .... .... 
 
 gates and keepers placed where railway crosses 
 precautions when railway crosses .... .... 
 
 railway not to be carried along ... .... 
 
 rise more than one inch above . . , 
 restrictions as to crossing on level .... 
 
 "Highways"; meaning of word.. ,.., 
 
 Horses, &c. , liability of company for damage to .... .... .... 376 
 
 Impounded, when cattle may be . .... . , . . .... 408 
 
 Incorporation ; provisions respecting company incorporated under special Act 358 
 
 sections how exempted from . .... .... 354 
 
 Increased value of remaining lands to be considered by arbitrators. ., .... 367 
 
 Indemnity, actions for .... .... .... .... .... 339 
 
 limitation of .... .... .... .... 339 
 
 Injury to passengers, provisions respecting. ... .... .... 38^ 
 
 Inspection not to relieve company from liability ... .... .... .... 398 
 
 of railways before opening. See Opening and Inspection of Rail- 
 ways 393 to 395 
 
 Interest allowed on money advanced on account shares .... .... .... 384 
 
 called up for shares .... .... .... 385 
 
 not allowed on shares in arrears .. .... .... .... ,.,, 335 
 
GENEKAL INDEX. 
 
 1407 
 
 355, 356 
 
 KAILWATS -Continued. 
 
 Interest of purchase money deemed working expenses . . 
 Interpretation of certain words and expressions. . . . 
 
 Intoxication of driver or conductor a misdemeanor . . . 
 
 Judge, application to wlien parties absent or unknown 
 
 when arbitrators appointed by .... ... 
 
 warrant for possession of lands may be granted by 
 Junctions, sehiaphore signals to be erected at , , 
 
 penalty for neglfect 
 " Justice ''; meaning of the word . > i . . 4 . . .... , 
 
 Justices of the peace ; arbitrators to be 8worn before .... 
 
 fines and penalties recovered before 
 penalties recoverable before . .... 
 
 " two justices," meaning of expression. 
 Lands and their valuation : 
 
 annual rent in case agreement cannot be effected . 
 
 lien for payment of , . .... 
 
 application of certain sections .... 
 
 to owners, when to be made. . . 
 
 arbitration aijd award .... .... 
 
 certificate of Commissioner of Public Works 
 company may desist and give new notice .... 
 power of, to take material for road 
 
 make sidings, &o 
 
 when to pay or receive interest . . 
 compensation, when to stand in place of land . . 
 
 paid to prothonotary . 
 corporations and persons may convey to company 
 costs by whom to be paid .... .... 
 
 disposition of purchase money .... .... 
 
 deposit of maps, &c., deemed general notice to owners 
 
 effect of contracts made before deposit of plan, &e 
 
 notice to file claims for compensation ior lands 
 sale of in certain cases .... .... ... 
 
 in case of corporations or persons being unable to sell 
 sum not accepted, nor arbitrator named ... 
 increased value of remaining lands to be considered 
 limitation of powers of sale. . .... .... 
 
 notice general, what deemed .... 
 
 to party, and what to contain . . . 
 
 to file claim for lands .... 
 what) and how published .... 
 powers to convey, limited in certain cases, 
 proceedings if party absent or unknown . . 
 
 when more space required .... 
 provisions for alienation of . . .... 
 
 what extent of beach may be taken 
 
 lands It II 
 
 when possession n 11 
 
 warrant granted without award. .... 
 
 whole lot can be purchased advantageously . . 
 Lands mS,y be surveyed . .... .... • • • ■ 
 
 of company may be taken for government telegraph 
 
 persons or corporations may be crossed . . 
 powers of companies to carry railways across . . 
 occupy public .... 
 
 purchase . .... .... 
 
 receive grants of ... . ... 
 
 "Lands,'' meaning of word ■..• 
 
 "Lease," meaning of word '•': ••■ 
 
 Legislature ; companies' returns of capital to be laid before 
 
 Liability of company for damage to cattle, &c 
 
 neglect, &c. . .... .... 
 
 inspection shall not relieve from 
 
 PACE 
 
 391, 
 
 . , t 
 
 409 
 
 392, 401i 
 
 412 
 
 
 389 
 
 t . . . 
 
 366 
 
 ... 366, 
 
 411 
 
 
 369 
 
 
 .376 
 
 t . i . 
 
 376 
 
 
 356 
 
 * ■ . . 
 
 .367 
 
 
 390 
 
 '"..409 
 
 410 
 
 ( . . 
 
 356 
 
 ....!.. 
 
 365 
 
 
 .365 
 
 
 873 
 
 
 365 
 
 "366 to 369 
 
 
 373 
 
 
 368 
 
 
 371 
 
 . t . . 
 
 371 
 
 1 . . 
 
 .371 
 
 . 1 1 . 
 
 370 
 
 
 370 
 
 * i . . 
 
 .364 
 
 
 371 
 
 
 364 
 
 
 365 
 
 i . . • 
 
 364 
 
 . . . 
 
 .370 
 
 
 364 
 
 
 365 
 
 . . t . 
 
 366 
 
 
 367 
 
 
 364 
 
 
 365 
 
 • . . * 
 
 366 
 
 
 370 
 
 • t • . 
 
 370 
 
 
 364 
 
 
 366 
 
 
 .372 
 
 "..364 
 
 ,365 
 
 
 363 
 
 > • . • 
 
 364 
 
 
 369 
 
 
 369 
 
 . . . 
 
 372 
 
 .... 
 
 368 
 
 
 390 
 
 
 3,57 
 
 
 357 
 
 .... 
 
 357 
 
 • . . 
 
 357 
 
 .... 
 
 356 
 
 » . . 
 
 355 
 
 .... 
 
 355 
 
 
 393 
 
 . . . 
 
 376 
 
 
 388 
 
 "',.396 
 
 ,399 
 
1408 
 
 GENERAL INDEX. 
 
 KilLWAYS-Continned. page 
 
 Lien for payment of annual rent for lands .... .... .... .... 365 
 
 Limitation of actions for indemnity 389 
 
 Location of line, change of . . .... .... .... 360 
 
 Locomotive to be furnished with bell, whistle, &c. . .... .... . — 388 
 
 stop at level crossings for signal .... .... 407 
 
 before crossing drawbridge 406 
 
 when tracks cross on a level .... 407 
 
 Mails, carriage of .... .... .... .... .... .... .... 390 
 
 Map and reference book ; access to copies of . . . .... .... .... 361 
 
 alterations fropi original survey, &c .... 362 
 
 certificate as to omissions, &c .... 362 
 
 certified copies to be evidence . . .... .... -361 
 
 of contents thereof 362 
 
 clerks to retain copies of, &c .... .... .362 
 
 deposit of deemed general notice to owners of lands 365 
 
 deviation of line from ... .... .... 362 
 
 effect of contract made before deposit of . .. .... 364 
 
 error in name on book of reference. . . .... ,363 
 
 how examined and certified .... .... .... 361 
 
 map of railway, where to be filed .... .... 363 
 
 omissions or errors, how remedied .... .... 361 
 
 railway not to proceed until deposit of .... 362 
 
 scale and paper of map . . .... .... 363 
 
 Material for construction of railway, company may take .... 371 
 
 Military and militia, carriageof .. .... .... .... .... .... 390 
 
 Minutes of proceedings, copies of to be evidence .... .... .... 387 
 
 Misdemeanor contravention of act .... .... .... .... .... 390 
 
 punishment for shall not exempt company 
 
 from liability to forfeiture .... 390 
 
 intoxication of conductor or driver a . .... .... .... 389 
 
 Money advanced on account of shares to bear interest. . .... .... 384 
 
 company may borrow .... .... .... .... .... .... 358 
 
 give mortgage therefor . . .... .... .... 358. 
 
 disposition of purchase money of lands 364 
 
 Municipal council may order gates and keepers at crossings .... .... 376 
 
 Municipalities, clerks of to retain copies of plans and surveys, &c. . . . .... 362 
 
 may take stock in and appoint a director of the company 386, 387 
 
 Naval forces, carriage of ... . .... .... 390 
 
 Navigation not to be impeded .... 406 
 
 Negligence, company liable to action for .... .... .... .... 388 
 
 Notice by deposit of plan, &o .... .... .... .... 365 
 
 what notice must contain . .... 366 
 
 secretary of company valid .... .... .... 387 
 
 evidence of publication of in Royal Gazette. ... .... .... 383 
 
 of accident, when to be given .... 397 
 
 calls, what required .... .... 382 
 
 meetings and calls, how published .... .... 383 
 
 orders, what sufficient 399 
 
 time and place of starting trams .... .... .... .... 388 
 
 to file claims for compensation for lands, and how published .... 370 
 
 repair level crossing .... .... .... .... .... 396 
 
 Oath ; arbitrators may examine under .... .... .... .... .... 3(37 
 
 of office of constable . . .... .... .... .... .... 402 
 
 semi-annual returns of accidents to be made under . . .... .... 399 
 
 Ofiicers of company, directors may appoint .... .... .... .... 382 
 
 not eligible as directors of company .... .... 381 
 
 security to be given by . . . .... .... .... 382 
 
 Opening and inspection of railways s 
 
 engineer ; company shall convey free of charge . . . , .... .... 395 
 
 give information to .... .... 395 
 
 evidence for authority of . . . .... .... .... 395 
 
 may forbid running of trains ... .... .... .... 394 
 
 power of to examine works, &c 395 
 
GENERAL INDEX. 
 
 1409 
 
 RAILWATS-Conlinued. 
 
 Opening and inspection of railways : 
 
 engineer shall examine railway . 
 
 report thereon to Governor-in-Counoil. 
 
 telegraph operators shall obej- . . 
 
 penalties for contravention of regulations respecting .... 
 
 railways may be condemned in certain cases .... 
 
 not to be opened without notice .... .... .... . . . . 
 
 order postponing opening of when binding on company 
 
 Orders, notice of, how proved .... .... .... . . . . 
 
 postponing opening of railway when binding on company .... 
 
 printed copies of to be posted in cars .... .... .... . . . . 
 
 to be approved by Governor-in-Council .... .... .... 
 
 signed by chairman .... 
 
 what deemed sufficient notice to company of orders by Govemor-in 
 Council .... .... .... .... .... .... 
 
 Overdue calls ; interest chargeable on 
 
 may be recovered by suit .... .... .... 
 
 "Owner," meaning of word .... .... 
 
 Owners of lands ; application to when made ... 
 
 deposit of map, &c. , deemed general notice to 
 
 notice to what it must contain .... .... .... 
 
 Parcels to have checks affixed .... .... 
 
 penalty for refusing checks . . .... .... 
 
 Parliament, further enactments by .... 
 
 Parts first and second of this chapter, application of 
 
 Part second of this chapter .... .... 
 
 Passenger oars to be placed in rear of freight cars .... 
 
 Passengers ; accommodation shall be provided for . .... 
 
 injury to in certain cases .... 
 
 penalty for refusing to pay fare 
 
 shall be carried on payment of fare 
 
 ■ not carry dangerous goods .... .... 
 
 Penalties, application of ... . .... ■■■' 
 
 collection of, how enforced 
 
 for breach of by-laws by employes 
 
 disobeying regulations as to speed of trains . . . 
 
 false returns of capital or traffic 
 
 going on track with cattle, &c 
 
 neglecting to clear ground of thistles, &o. 
 
 forward traffic . .... .... 
 
 give notice of accident .... 
 
 make return of accident .... 
 
 ring bell when crossing highway . , 
 use best communicating apparatus 
 obstructing highway in building railway . 
 
 inspecting engineer 
 
 opening railway without notice 
 
 contrary to order. . . 
 
 passengers carrying dangerous goods 
 
 placing freight cars in rear of passenger cars . 
 refusal by telegraph operators to obey engineer 
 
 to assist arbitrators . 
 
 give checks ... .... 
 
 pay calls . .... ■ • • • • • • • 
 
 fare • • • • 
 
 resisting constable. 
 
 forfeiture of thirty days' pay by employes 
 
 how recoverable .... • ■ • • , " ' ■ ' 
 
 when may be deducted from salaries of employes . 
 
 where no special penalty provided . 
 
 •Person," meaning of word 
 
 393 
 .... 395 
 
 395 
 393, 394, 395 
 
 394 
 .... 393 
 
 394 
 .... 405 
 
 394 
 .... 387 
 
 387 
 
 387 
 
 399 
 
 .... 383 
 
 383 
 
 .... 356 
 
 365 
 
 .... 365 
 
 366 
 
 .... 388 
 
 388 
 
 .... 390 
 
 354 
 
 .... 393 
 
 388 
 
 .... 388 
 
 389 
 
 .... 389 
 
 388 
 
 .... 389 
 
 .. 392,410 
 
 .... 410 
 
 . . 404, 409 
 
 .... 397 
 
 392 
 
 .... 377 
 
 408 
 
 .... 401 
 
 397 
 
 .... 400 
 
 388 
 
 .... 407 
 
 374 
 
 .... 409 
 
 393 
 
 .... 394 
 
 389 
 
 .... 388 
 
 395 
 
 .... 412 
 
 388 
 
 .... 383 
 
 389 
 
 .... 404 
 
 405 
 
 392, 409, 410 
 
 410 
 
 .... 410 
 
 392 
 
 Person shall be stationed to warn parties where train moving reversely in city, 407 
 
 90 
 
1410 
 
 GENEEAL INDEX. 
 
 RAILWATS-Continned. 
 
 Personal property, stock shall be deetnecl , .... 
 
 Persons and goods, power of company to transport 
 
 other than employes not to walk along track 
 
 peiialty for going on track with cattle, &c 
 
 who are bound by the company's by-laws . . ^ 
 Plan of wharf, &c., to be approved by Governor-in-Council 
 Plans and surveys. See Map and Reference Book . 
 Possession of lands, when may be taken under award. .. 
 warrant may issue .... 
 
 without warrant.. .... .... 
 
 Powers of company : 
 
 to be approved by Governor-in-Council .... 
 
 borrow money and mortgage property therefor . . 
 carry railway across lands and streams .... 
 
 change location of lines 
 
 complete railway with tracks .... 
 
 construct branch lines 
 
 telegraph .... .... .... 
 
 convey persons and goods .... .... .... 
 
 cross or unite with other railways . . 
 
 do everything necessary for construction and use of railway 
 
 enter upon lands for survey .... . 
 
 erect buildings .... .... .... 
 
 snow fences on adjoining lands .... 
 
 fell or remove trees ... .... 
 
 increase capital stock .... .... .... 
 
 purchase and occupy lands .... .... .... .... 
 
 take gravel and other material for railway, and for making i 
 conduits, &o., therefor. ... .... 
 
 Precautions where railway crosses highway... .... 
 
 " Prescribed, " meaning of word . , 
 
 President of companj' : 
 
 absence of may be, entered on minutes of meeting . . 
 vice-president to act in case of ... . 
 
 election and duties of. See Directors .... .... 
 
 Prothonotary, when compensation for lands to be paid to . . 
 Provincial engineer : 
 
 may examine witnesses at coroner's inquest 
 
 to give certificate of completion of line .... 
 
 make special reports on accidents .... .... 
 
 Provisions of this chapter : how excepted in special Act . . 
 Punishment for contravention of by-laws. See Penalties. 
 Purchase money : interest of deemed working expenses . . 
 of lands, disposition of ... . .... 
 
 "Railway," meaning of word .. .... 
 
 " Railway company," what the expression shall include 
 Railways ; arbitration, on assuming ownership of . . 
 
 branch lines .... .... .... .... 
 
 change in location of lines .... .... 
 
 compensation for . .... .... 
 
 completion of, how certified ... 
 
 condemned in certain cases .... .... 
 
 construction, material for, powers of company respecting . 
 
 contracts regarding, to remain in force 
 
 special, when not nullified .... 
 
 crossings, gates and keepers at ... . 
 
 highway, precautions respecting 
 
 examination of, before opening .... 
 
 general provisions respecting . . 
 
 interest on purchase of, deemed working expenses. 
 
 may cross or unite with other . . .... 
 
 not to proceed until map, &o. , deposited .... 
 
 opening of, provisions respecting 
 
 TAGE 
 
 .... 385 
 
 358 
 
 .... 377 
 
 : 377 
 
 .... 405 
 
 406 
 361 to 363 
 
 369 
 .... 369 
 
 369 
 
 359 
 35S 
 .357 
 360 
 357 
 359 
 361 
 358 
 358 
 358 
 358 
 357 
 377 
 358 
 360 
 357 
 
 357. 
 
 amgs. 
 
 371 
 375 
 355 
 
 382 
 382 
 381 
 370 
 
 398 
 354 
 397 
 354 
 
 409 
 364 
 401 
 412 
 
 410 to 412 
 357, 359 
 
 .... 360 
 .410 to 412 
 
 .... 354 
 394 
 371 
 354 
 354 
 376 
 
 .... 375 
 .,393 to 395 
 
 ..390,391 
 409 
 358 
 362 
 
 393 to 395 
 
GENERAL INDEX. 
 
 1411 
 
 RAILWAYS- Continued. 
 
 Railways ; "railway company,'' what the expression shall include 
 restrictions as to crossing highways on level .... 
 
 returns by railway companies .... .... ... 
 
 forms of . . .... 
 
 ' ' the railway " meaning of expression .... ... 
 
 working of. See Working of Railways .... 
 
 Reference book. See Map and Reference Book .... 
 
 Rent, in case of corporations, &c. , unable to sell lands .... 
 
 lien for annual payment of ... . .... 
 
 Report ; inspecting engineer shall make to Governor-in-Council 
 Returns by railway companies .... .... .... ... 
 
 forms of . . . .... 
 
 company to furnish annual, of capital .... 
 
 monthly, of traffic. ... .... 
 
 semi-annnal, of accidents . . ... 
 
 to be made under oath 
 
 of accidents, what to contain . .... 
 
 penalty for false .... .... 
 
 to be laid before legislature. . 
 
 privileged communications . . .... 
 
 Reversely ; regulations respecting trains moving in cities 
 Rivers ; regulation as to railways crossing .... 
 
 Royal Gazette ; all notices of meetings or calls shall be published in 
 
 publication therein shall be evidence of sufficiency of 
 Rules. See By-laws, 
 
 Salary ; when company may deduct from penalty 
 
 Sale of shares, entry of, shall be made in book 
 
 previous calls must be paid before transfer of 
 shall be disposed of by instrument in writing 
 
 Schedules or company's returns .... .... 
 
 Scheme of arrangement between companies and their creditors 
 Seal of company to be affixed to by-laws of . . . .... 
 
 Secretary of company, notices by, when valid 
 
 Sections, how certain, are excepted from special Act. . . 
 Security to be given by officers of company .... 
 
 Semaphore signals to be erected at junctions, &c, 
 
 Servants of company to wear badge .... 
 
 Shareholders ; book to be kept .... 
 
 liability of .... 
 
 may be allowed interest in certain cases. 
 
 dispose of share without having certificate 
 hold general meetings .... .... 
 
 vote by proxy and form of proxy 
 
 method of calling general meetings 
 
 to pay calls in respect of shares held 
 
 Shares, calls on, how paid . . . . , . 
 
 interest chargeable on when overdue . 
 
 not payable on shares in arrears . . 
 payable on sums called up for shares 
 
 ■certificate of proviso as to .... 
 
 /company not bound to see to execution of trusts on 
 dividends not payable until entry of transfer. .. 
 
 ' entry to be made of sale . .... 
 
 iorfeiture of, how taken advantage of 
 
 effect of .... 
 
 evidence ,of. .... 
 
 directors may sell in case of 
 
 ■municipalities may take .... ■ . • • 
 
 proprietorship, how proved .... .... 
 
 sale of, provisions respecting .... 
 
 transfer of, to be in writing .... 
 
 form of transfer .... 
 by dea.th, bankruptcy, &c 
 
 notice 
 
 PAGE 
 
 412 
 .... 396 
 
 413 
 413 to 418 
 
 356 
 387 to 389 
 361 to 363 
 .... 365 
 
 365 
 .... 395 
 
 413 
 413 to 418 
 
 392 
 .... 392 
 
 399 
 .... 399 
 
 399 
 .... 392 
 
 393 
 .... 393 
 
 407 
 .... 406 
 
 383 
 
 383 
 
 ..383, 
 
 410 
 385 
 385 
 385 
 .413 to 418 
 
 .419, 420 
 404 
 
 ... 387 
 354 
 
 . . . 382 
 376 
 
 ... 387 
 387 
 
 ... 386 
 384 
 385 
 379 
 380 
 379 
 383 
 383 
 383 
 385 
 385 
 383 
 386 
 385 
 385 
 383 
 384 
 384 
 384 
 386 
 383 
 385 
 385 
 385 
 386 
 
1412 
 
 GENERAL INDEX. 
 
 KAILWATS— Continued. 
 
 Shares, transfer, previous calls must first be paid 
 
 ' ' Sheriff, " meaning of word 
 
 Sidings, company may make over lands 
 
 Signals ; provisions respecting ... 
 
 semaphore to be erected at junctions, &c. . '. . . .... 
 
 Signboards ; precautions where railway crosses highway. . . . 
 
 Snow fences ; company may erect, on adjoining lands . . .... 
 
 Special Act ; companies established under 
 
 Special Acts ; exceptions as to .... .... .... . . . '. 
 
 Special contracts not to be nullified .... .... .... 
 
 Speed of trains, how regulated . . .... .... 
 
 Stock ; by-laws for management of .... .... .... 
 
 capital may be increased .... .... .... .... 
 
 company shall not purchase .... . .... 
 
 deemed personal property 
 
 municipalities may take . . .... .... .... 
 
 Streams ; railways may be constructed across and along .... 
 
 Surveys and plans. See Map and Reference Book. , .... 
 
 Telegraphic lines : 
 
 govermneut lines may be constructed . 
 
 may have exclusive use of company's lines .... 
 
 railway companies may construct .... .... .... 
 
 rules and regulations to be adopted by company ... .... 
 
 tariff of to be approved by Governor-in-Council .... 
 
 Tenders to be invited for contracts ... 
 
 " The company," meaning of expression . . .... .... 
 
 The commissioner of public works. See Commissioner of Public 
 " The lands," meaning of expression. . .... .... .... 
 
 The Provincial engineer. See Provincial Engineer. 
 
 ' ' The railway, " meaning of expression .... .... .... 
 
 " The special Act," meaning of expression .... .... . 
 
 " The undertakings, " meaning of expression .... 
 
 Thistles, ground shall be cleared of . . . .... .... .... 
 
 " Toll," meaning of word .... .... .... .... 
 
 Tolls ; by-laws flexing and regulating.. .... .... .... 
 
 subject to revision .... 
 
 to be approved by Governor-in-Counoil . .... 
 
 fractional distances, how estimated .... .... 
 
 goods may be sold for payment of .... 
 
 unclaimed may be sold after twelve months . . . 
 
 payment of how enforced .... .... .... . 
 
 proceeds of goods sold, how disposed of 
 
 rates of, how raised or reduced .... .... .... 
 
 to be posted up . . .... .... .... 
 
 approved by Goveruor-in-Council 
 
 Track railway, penalty for going on with cattle, &c 
 
 how enforced . .... .... .... 
 
 power of company to complete railway with track 
 
 " Traffic ;" meaning of word . .... . .... 
 
 Traffic arrangements, amalgamation of ... . .... .... 
 
 failure to make . 
 
 companies may agree respecting ... .... . 
 
 must afford equal facilities to express co'mpanies 
 facilities for forwarding .... .... 
 
 interpretation of words ' ' traffic " and ' ' railway " 
 monthly returns of to be made .... .... .... 
 
 penalty for neglect or refusal to forward 
 
 Trains ; arbitrators entitled to travel on . . 
 
 engineer may forbid running of .... .... 
 
 moving reversely in city, regulation as to . 
 
 • speed of regulated . . .... 
 
 to start at regular hours . .... .... 
 
 stop before crossing drawbridge .... .... 
 
 PAGE 
 
 
 385 
 
 
 .... 355 
 
 . . . . 
 
 371 
 
 
 .... 376 
 
 
 376 
 
 
 .... 375 
 
 
 377 
 
 
 .... 356 
 
 
 406 
 
 
 .... 354 
 
 
 397 
 
 
 .... 382 
 
 
 360 
 
 
 .... 386 
 
 
 385 
 
 
 .... 386 
 
 
 357 
 
 
 . . . . 361 
 
 
 .... 390 
 
 
 390 
 
 
 . . . . 361 
 
 
 361 
 
 
 .... 361 
 
 
 391 
 
 
 . . . . 356 
 
 Works. 
 
 
 .... 
 
 355 
 
 
 .... 353 
 
 * * . . 
 
 355 
 
 
 . . . . 355 
 
 
 408 
 
 . . . . 
 
 . . . . 355 
 
 
 378 
 
 
 . . . . 379 
 
 
 379 
 
 
 .... 379 
 
 
 378 
 
 
 . . . . 378 
 
 
 378 
 
 . . . . 
 
 . . . . 378 
 
 
 378, 379 
 
 
 . . . . 379 
 
 
 379 
 
 
 .... 377 
 
 
 377 
 
 k..."" 
 
 .... 357 
 
 
 401 
 
 
 .... 401 
 
 
 402 
 
 . . . , 
 
 .... 400 
 
 es ..*. 
 
 401 
 
 . . . . 
 
 .... 400 
 
 
 401 
 
 .... 
 
 .... 392 
 
 
 401 
 
 • • . . 
 
 .... 411 
 
 
 394 
 
 
 .... 407 
 
 • • < . 
 
 397 
 
 
 .... 388 
 
 > . . • 
 
 406 
 
GENERAL INDEX. 
 
 1413 
 
 RAILWAYS— Continued. 
 
 Transfer of shares '. . . . .... .... 
 
 Trees, company may fell or remove ... .... 
 
 Trusts, company not bound to see to execution of . . 
 Umpire, appointment of ... . .... .... 
 
 proviso in case of neglect to appoint .... 
 
 Unknown or absent, proceedings when party is 
 Valuation of land. See Lands and their Valuation 
 
 Vice-President, election and duties of 
 
 to act in absence of president 
 
 Vote, chairman to have casting .... .... 
 
 Votes to be in proportion to shares 
 
 Voting by proxy ; appointment in writing required therefor 
 
 of shareholders to be valid 
 
 Warrant to take posssssion of lands ... 
 
 when granted without award 
 
 Weeds, ground to be cleared of .... 
 
 Whistle, locomotive to be furnished with 
 
 when to be sounded 
 
 penalty for neglect . . . 
 Witnesses compellable to attend arbitrators . . . 
 
 entitled to fees .... .... 
 
 residing abroad, how examined 
 
 Working of the railway : 
 
 badge to be worn by servants .... .... 
 
 bells and whistles, when to be rung or sounded 
 checks to be affixed to parcels .... .... 
 
 dangerous goods may be refused . . .... 
 
 passengers not to carry .... 
 
 injury to passengers in certain cases 
 
 interest on purchase money deemed working expenses . 
 intoxication of driver or conductor a misdemeanor . 
 liability of railway company . .... .... ... 
 
 locomotive to be furnished with bell and whistle . . . 
 
 payment of fare and freight . . .... 
 
 penalty for refusing checks .... 
 
 position of passenger and baggage cars 
 
 trains to start at regular hours ... .... 
 
 EAILWATS, MUNICIPAL AID IN THE CONSTRUCTION OF . 
 
 Amercement of municipality, in what case and proceedings thereon 
 
 Assessment of " for payment of bonds 
 
 Auction, stock may be sold at, by order of municipal council. ... 
 
 Bonds of municipality, for stock. ... 
 
 how prepared and executed .... .... 
 
 shall bear interest .... .... ... 
 
 be delivered to president of company 
 
 Commissioners appointed to prepare bonds by municipal council 
 
 court may appoint if council neglects ... .... 
 
 Director, municipality entitled to appoint one .... .... ... 
 
 Election law, applicable to voting under provisions of this chapter 
 
 Expenses of election to be a charge on municipality 
 
 Interest, bonds of municipality shall bear .... 
 
 Interpretation of certain words and expressions 
 
 Meaning of terms used in this chapter. .... .... 
 
 Municipality ; bonds of may be given for stock in railway company . 
 may be amerced on failure to pay bonds. .... 
 assessed for payment of bonds, &c. . . 
 represented on board of directors of company 
 shall appoint commissioners to prepare bonds for stock 
 
 defray election expenses . . 
 
 when may sell stock .... .... .... 
 
 take Btoc'k in railway company 
 
 PAGE 
 
 385, 386 
 358 
 386 
 411 
 411 
 366 
 362 
 
 381, 382 
 382 
 380 
 380 
 380 
 380 
 369 
 .369 
 408 
 388 
 388 
 388 
 412 
 412 
 412 
 
 387 
 388 
 388 
 389 
 389 
 389 
 409 
 389 
 388 
 388 
 388 
 388 
 388 
 388 
 
 421 
 
 423 
 423 
 424 
 422 
 422, 423 
 422 
 423 
 422 
 424 
 424 
 422 
 422 
 422 
 421 
 421 
 421 
 423 
 423 
 424- 
 422 
 422 
 424 
 421 
 
1414 GENERAL INDEX. 
 
 RAILWAYS, MUNICIPAL AID IN THE CONSTRUCTION OF— Continued. 
 
 PASE 
 
 Notice of sale of stock at auction how giTen .... .... .... . . • ■ 424 
 
 time of holding poll by sheriff .... .... . . 421 
 
 to be given by warden of meeting to appoint comnrissioners to prepare 
 
 bonds for stock . . .... .... .... .... . ■ . • 422 
 
 Oaths of oiBcers at poll to be administered by the sheriff or justice of the peace, 421 
 
 Oath of voter, how administered and form of . , .... .... 422 
 
 Poll ; election law applicable to. . 422 
 
 notice of, how given ... . . . . 421 
 
 proceedings at close of 422 
 
 sheriff shall hold on requisition of rate payers .... .... 421 
 
 time of opening and closing 422 
 
 Rate payers entitled to vote . 422 
 
 may petition council to prevent sale of stock ... . — 424 
 
 request sheiiff to hold poll . . ' 421 
 
 proceedings when majority favor taking stock . .... .... 422 
 
 Stock certificates, how deposited .... 423 
 
 of municipality, when and how may be sold . 424 
 
 railway companies may be taken by municipality, and how paid for, 421 
 
 rate payers to vote on the question of taking stock 421 , 422 
 
 Sheriff, duties of, on requisition of rate payers for a poll .... 421 
 
 shall declare state of poll 422 
 
 Voting, mode of 421,422 
 
 shall be open .... .... .... 421 
 
 proceedings when majority declare in favor of taking stock. . .... 422 
 
 Warden shall call special meeting of council to appoint commissioners to 
 
 prepare bonds for stock . . .... 422 
 
 Rates. See Assessments, Municipal .... .... 470,471 
 
 County Incorporations .. . .... .... .... ..438-439 
 
 Real and Peksonal Estatk, Descent op. See Descent, ^c 643 
 
 Wills of. Wills, ^c 637 
 
 Estate. See Corporations, General Provisions .... .... .... 56.3 
 
 Lands, Sale of under Execution .... .... .... .... 1249 
 
 , " " " Foreclosure 1247 
 
 LHyrary Associations .... .... .... .... .... 607 
 
 Harried Women, Property of. . .... .... 661 
 
 Religious Congregations ... .... .... .... . . 190-194 
 
 Statutes, Pronfiidgation ... . . .... .... 3 
 
 or Infants and Lunamcs. See Supreme Court, and Proeedure 
 
 therein 929-30 
 
 Receiver. See Supreme Com-t, and Procedure therein .... .... .... Index 
 
 Kecei VIM G Goods. See Intoxicating Liquors. . .... .... .... .... 536 
 
 Records, Public. Public Records 153 
 
 Register. See Marriage, Solemnization of.. 657, 658 
 
 Medical. See Medicine and Surgery. 198, 199 
 
 Medicines and Drugs, Sale of .... . .... 207 
 
 of British Ship. See Witnesses and Evidence 1181 
 
 Registrar of Deeds. See Bills of Sale, Secret 649, 651-52 
 
 Costs mid Fees .... 1272 
 
 Deeds, d-c. Registry of 623, 624, 627 
 
 Lands, Partition of . . . .... .... .... 1243 
 
 Library Associations .... .... 606-7 
 
 Liens, cfcc. ... .... .... .... 631 
 
 Divorce Coc-RT. See Costs and Fees ,. 1269 
 
 Medical Board. Medicine and Surgery 198,201,204 
 
 Probate. See Costs and Fees 1270 
 
 Probate Court ; 697,706,712 
 
 Registry of Deeds and Encumbrances affecting Lands. See Deeds, <i:c., Regis- 
 try of 623 
 
 Leases, &c. See Mines and Minerals 101,102 
 
 Re-Grant. See Escheating Lands 1262 
 
 Regulation of Mines. See Mines, Regulation of.. " . . H2 
 
 Regulations. See By-Laus. 
 
GENERAL INDEX. 
 
 1415 
 
 Eegulations. See Common Fields 
 
 County Incorporations . .... 
 
 Fires, Protection of Woods .... 
 
 HigJiioays, Coasting ore .... 
 
 Mines avd Minerals .... .... 
 
 Rivrs, Conveying Timber, <C-c. . 
 
 Re-Heaeing. See Lands, Partiiimi of 
 
 11 Bale of under Foreclosure .... 
 
 Supreme Court, §~c. 
 
 RELIGIOUS CONGREGATIONS AND SOCIETIES .... 
 
 Agreements with clergymen : entered in books of congregation.. 
 
 trustees may make . . .... 
 
 Building, used for public worship ; sale of, how made, &c. 
 when vested in trustees, how disposed of .... 
 
 By-laws may be made at meetings ... .... ... 
 
 Church of England not affected by this 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 . .... .... 
 
 incorporated previously may use chapter 
 
 majority may sell building, &c 
 
 membership, how regulated 
 
 Constitution ; how altered or amended .... 
 
 Deed of incorporation ; how made and executed 
 
 must be signed by members .... 
 
 registry of, provided for 
 
 Episcopal corporation may sell real estate. .... 
 
 Funds ; how provided in case of deficiency .... 
 
 Meetings ; constitution, how altered and amended by 
 
 of society not incorporated . 
 
 how held, power of members, &c 
 
 proceedings at, for sale of church . . 
 
 Officers appointed by congregation, powers of , &c . . .... 
 
 Heal estate ; amount of, to be held by trustees .... 
 
 held before deed ; how conveyed to new trustees 
 
 how to be sold, or disposed of . . . 
 
 to be vested in trustees 
 
 when sale of not authorized 
 
 Society ; constitution of may be altered . . . 
 
 mode of constituting, &o. ... .... .... 
 
 Trustees ; appointment of, in certain cases, regulated 
 certain corporate powers conferred on .... 
 
 new, how appointed, and property vested in . . . 
 real and personal estate vested in . . .... 
 
 Removai, of Obsteuctions feom Rivbks. See Rivers, Conveying Timber, <5cc. 
 
 Paupee. See Poor, Settlement, S^c. . . 
 
 Rent. See Limitation of Actions .... .... .... ... 
 
 EENT, DISTRESS FOR, AND TENANCIES 
 
 Appraisement of goods distrained, how made 
 
 notice of, how to be given and served 
 
 Cattle, corn, fruits, &c., may be taken as distress. . 
 
 when no barn on premises, how kept. . 
 Execution ; goods taken under not removed till rent paid . . . 
 
 Executors may distrain for rent due deceased 
 
 Fruits, roots, &c. , may be distrained .... .... ... 
 
 Goods distrained ; appraisement of provided for 
 
 sale of after notice .... .... 
 
 fraudulently removed may be seized .... 
 
 notice of place of deposit, how given .... .... 
 
 provision when superior landlord levies on goods of lodger 
 
 PAGE 
 
 ...318-20 
 
 .432-3,443-7 
 
 .... 5] 1 
 
 521 
 
 .... 100 
 
 ... 518,519 
 
 1243-44-45 
 
 1248 
 
 ..922, 952 
 
 .... 189 
 
 192 
 .... 192 
 
 192 
 
 192 
 
 . . . 190, 193 
 
 .... 195 
 
 192 
 .... 192 
 
 190 
 .... 189 
 
 191 
 .... 192 
 
 191 
 
 193 
 
 . . . ' 189, 190 
 
 .... 191 
 
 190 
 .... 194 
 
 192 
 .... 193 
 
 193 
 ..190, 191 
 
 194 
 .... 193 
 
 190 
 .... 191 
 
 191 
 .... 193 
 
 192 
 .... 193 
 
 193 
 .... 194 
 
 190 
 .... 191 
 
 190 
 
 .... 518 
 
 265-267 
 
 1198-1204 
 
 1255 
 .... 1255 
 
 1255 
 .... 1259 
 
 1259 
 .... 1258 
 
 1259 
 .... 1259 
 
 1255 
 .... 1256 
 
 1258 
 .... 1259 
 
 1256 
 
1416 GENERAL INDEX. 
 
 KENT, DISTRESS FOK, AJ<D TENANCIES— Continued. page 
 
 Goods, surplus after sale to be for owner's use 1256 
 
 taken under execution when not to be removed . . 1258 
 
 Grain in the straw, &c. , how to be distrained .... 1257 
 
 Irregularity subsequent, not to make distress unlawful . 1258 
 
 provision as respects .... .... • — — • 1258 
 
 remedy of party aggrieved by 1258 
 
 Lodger ; provisions as to distress of goods of by superior landlord 1256-7 
 
 Market ; provisions as to distress of goods in. .... . — • • • • '.I 
 
 Notice to quit ; whet to be sufficient l^oo 
 
 Pound breach, and rescue ; remedy in cases of .... .... . ■ ■ ■ 1257 
 
 Rent ; remedy respecting distraint after determination of lease .... 1258 
 
 reserved upon lease for life, how recoverable. ... 1258 
 
 when executors and administrators may distrain for.. 1259 
 
 where none in arrear, and distress made .... .... . • - • 1257 
 
 year's payable before removal of goods, when .... . — - • • • 1258 
 
 Stock, &c. , may be taken, and how kept in certain cases 1259 
 
 notice of place of deposit, when given, &o 1259 
 
 Tenancies, notices required to terminate . . .... • • • ■ 1255 
 
 Use and occupation ; when landlord may recover for .. . 1259 
 
 Rent, Distress job. See Costs and Fees .... .... .... ■ • • • ■ ■ • 1274 
 
 Repairs. See Trusts and Trustees • • ■ • 1212 
 
 OE Meeting Houses, Assessments for. See Meeting Houses, Sj-c 195 
 
 Replevin. &ee County Courts, ^-c 1150,1153-54 
 
 Limitation, of A ctions .... .... .... • ■ • • 1 196 
 
 Supreme Court, Sfc. . . • • 917-919 
 
 Replication. n n ■ ■ ■ • 862 
 
 Report op Trial by Judge. See Elections, Controverted, of Members, etc 45-6 
 
 REPRBSEST.iTioN IX Gexeral ASSEMBLY. See Legislature 7 
 
 Representatives. See Statutes, Promulgation, Spc .... 3 
 
 Resignations. See Legislature , . 8 
 
 Resident Agent. See Assessments. Municipal 481 
 
 Returns. See Coroners .... 177 
 
 Corporations, General Provisions .... .... .... ....566-7 
 
 Elections, Controverted of Members of House of Assembly 52 
 
 Highway Labor .... • ■ 3.S9-340 
 
 Mines and Minerals 71-2, 82, 83, 95 
 
 II Regulation of. .. .... .... .... .... . ■ • • 118-9 
 
 Public Instruction 228, 244 
 
 Railways.,.. .... .... .... .... .... .... 413 
 
 Supreme Court, rf-c .... . .... .... 933 
 
 REVENUE, CASUAL AND TERRITORIAL 66 
 
 Collection and recovery of revenue ... .... .... .... .... 67 
 
 Crown lands, proceeds of how and where payable . . 67 
 
 Duration of chapter .... .... . .... 67 
 
 Management of revenue provided for .... .... .... . .... 67 
 
 Mines and minerals transferred .... . . . .... 66 
 
 Revenue of what consisting .... 66 
 
 to be paid into provincial treasury. ... .... .... 66 
 
 Revival of Wills.. See Wills of Real and Personal Estate 640 
 
 Revivor. See Supreme Court, Sj-c 907 
 
 Revocation OF Wills. See Wills, Sf-c ...639-40 
 
 Right, Petition OF. See Petition of Right .... .... . . .". 1194 
 
 Rivers. See County Incorporation. . . .... .... .... .... .... 446 
 
 RIVERS, CONVEYING OF TIMBER AND LUMBER ON, &c 518 
 
 Commissioners ; application for appointment of, how made . .... .... 518 
 
 appointment of, how to be made, &c . . . 518 
 
 expenditure, accounts of submitted to Council .... . 519 
 
 limits of jurisdiction of, how established .... 518 
 
 money may be borrowed by, to certain extent 519 
 
 power of, as to entry on private lands, &c 519 
 
 removal of obstructions, &c 51S 
 
GENERAL INDEX. 1417 
 
 EITEES, CONTEYING OF TIMBER AND LUMBER ON, &c.-Continned. 
 
 PAGE 
 
 Commissioners ; regulations for preventing obstructions, made by 518 
 
 tolls established by, how levied and applied .... 519 
 
 Definition of word "' river " when used in chapter .... .... .... 520 
 
 Expenditure by commissioners, accounts of how audited. . •. . . . 519 
 
 Fisheries not to be interfered with unnecessarily .... .... .... 519 
 
 Logs, timber, (fee. , may be brought down under regulations . .... .... .520 
 
 Money, limit to which commissioners may borrow .... .... .... 519 
 
 not to be a claim on provincial revenue .... .... .... .... 519 
 
 Navigation of rivers not to be unnecessarily interfered with .... 519 
 
 Penalties for breach of regulations, how affixed, &o .... 518 
 
 Private land, authorization of entry on .... .... 519 
 
 compensation for entry .... 519 
 
 found by arbitrators 519 
 
 Regulations as to booms, &c., made by council 519, 520 
 
 Tolls, establishment and application of 519 
 
 not to be levied after repayment of loan 519 
 
 Rivers, Creeks, &c. See Fences and Impounding of Cattle 515 
 
 ROAD AND BRIDGE GRANTS, EXPENDITURE OF 328 
 
 Accounts ; copies of to be obtained and posted by councillors ... 332 
 
 form of • . • • 333-4 
 
 rendered under oath 329 
 
 Advertisements of expenditure of moneys . .... . — .... • • • • 331 
 
 penalty for defacing, &c. .... 331 
 
 Appropriation of by municipal councils ... • • • • 32S 
 
 Cash, laborers to be paid in . . .... 330 
 
 Commissioners ; accounts of, form of 33.S-4 
 
 rendered under oath 329 
 
 appointed by warden, &c 328 
 
 commission to, form of .... 333 
 
 issued by clerk .... 329 
 
 duties of 328,329,330 
 
 remuneration of, how fixed 331 
 
 to expend money by days' work, tender, or contract 329 
 
 Contract ; councillors not to have any interest in 3.32 
 
 form of 332, 334 
 
 performance of, to be attested before payment 332 
 
 Contractor must give security if contract over ^80 330 
 
 make oath to performance of contract 332 
 
 oath of, form of •.•■■ •••■ 335 
 
 Councillor not to be commissioner, &c. , or have any mterest in contracts 66Z 
 
 to obtain and post copies of accounts 3.32 
 
 Encroachments, encumbrances, &c. , provisions in case of 3.30 
 
 Expenditure, advertisement of, in certain cases oof o 
 
 by-laws of council regarding ooa 
 
 mode of, determined by resolution of council ^^S 
 
 resolution concerning to be sent to Provincial Secretary 328 
 
 statement of, in detail- m m h 331 
 
 Foreman, appointment and duties of ^^" 
 
 remuneration of, how fixed qqq qq^ 
 
 Forms, schedule of .... onq 
 
 Investigating committee, appointment, &c., of . ■ . . . ^^» 
 
 Laborers ; number to be employed under one commissioner or supervisor .... 330 
 
 pay of fixed by council '^ 
 
 wages of paid in cash ^^" 
 
 Materials for repairs of roads, how obtained ... ^ 
 
 Mode of expenditure, how determined by council . . ^^^ 
 
 under supervisor or commissioner rf^M 
 
 Moneys ; advertisement of expenditure of in certain cases 331 
 
 how drawn from provincial treasury o6l 
 
 expended by supervisor or commissioner 3Z» 
 
 paid by municipal treasurer •■•• 
 
 331 
 
1418 GENERAL INDEX. 
 
 ROAD AND BRIDGE GRANTS, EXPENDITURE OF— Continued. page 
 
 Moneys ; how road and bridge to be kept separate from other moneys 331 
 
 statement of expenditure of to be sent to Provincial Secretary 331 
 
 Municipal council may make by-laws regarding grants, &c . . ■ ■ 332 
 
 members of must not be commissioners or have interest in 
 
 contracts .... .... .... . • • • • • • • 332 
 
 to appoint supervisors, it needed 328 
 
 appropriate grants , . . .... .... ... - • ■ • ■ 328 
 
 determine by resolution the mode of appropriation . . 328 
 forward certified copy of resolution to Provincial Secre- 
 tary .... .... .... .... .... 328 
 
 treasurer of to file bond equal to one-half road grant. .. 331 
 
 keep road moneys separate from other moneys 331 
 
 make payments only under duly signed orders 331 
 
 order on, form of .... .... .... .... 334 
 
 Supervisors ; accounts of, form of 333-4 
 
 rendered under oath, &c. 329 
 
 appointed by municipal council . . .... .... 328 
 
 dutiesof 328,330 
 
 remuneration of, how fixed 331 
 
 report of . . .... .... .... .... .... .... 328 
 
 to expend moneys by days' work, tender, or contract 329 
 
 Treasurer of municipalities ; duties regarding road and bridge grants . — 331 
 
 Warden may borrow money to repair bridges . . 332 
 
 to appoint commissioners, &c . . . . .... . .... .... 328 
 
 Work may be inquired into by investigating committee .... .... 329 
 
 RoAi> Districts. See County Incorporations .. .... . .... .... 441 
 
 Moneys. ,. „ 440,441,449 
 
 Rule of. Roads, Preservation of. 343 
 
 SuRVEYOKS. County Incorporations .... 435 
 
 Roads. See County Incorporations ... .... .... .... .... .... 440 
 
 Public Grounds, Supervisors of .... .... .... .... 488, 489 
 
 ROADS, -CERTAIN GREAT; LAYING OUT AND MANAGEMENT OF... 321 
 
 Agreement ; commissioners may make, to cross private lands ... 322 
 
 entry may be made immediately after ..... .... .... 322 
 
 mode of procedure, where none can be made . . . , .... 322 
 
 Application of chapter, to what roads limited 321 
 
 Appraisers, appointment and duties of, &c .... .... .... 322 
 
 Commissioners may make agreements to cross private lands .... .... 332 
 
 mode of procedure by, where no agreement .... .... 322 
 
 right of entry on lands by, when, &c . .... 322 
 
 Damages ; payment from treasury restricted . . 323 
 
 Expenditure on roads, by days' work, or tender and contract .... . 324 
 
 supervisors, mode of, &c 324 
 
 Fences to be put up before compensation allowed . . .... 323 
 
 Governor-in-Council ; charge and management of certain roads assumed by 323 
 
 may lay off roads, and appoint supervisors 324 
 
 orders and instructions to be issued by . . . 324 
 
 Moneys ; apportionment of by legislature not impaired .... 324 
 
 expenditure of by days' work, or tender and contract. . 324 
 
 supervisors, mode of . .. .... .... . 324 
 
 Roads ; site of, when held surrendered to public .... 323 
 
 to which chapter applies, specified 321 
 
 which Governor-in-Council may manage, &c. . . 323 
 
 width of, not less than sixty-six feet .... .323 
 
 Supervisors; appointment and authority of 324 
 
 expenditure of moneys by, regulated . 324 
 
 remuneration of provided for ... . 324 
 
 reports to be furnished by annually . . 324 
 
 to be under orders, &c. , of Governor-in-Council ... 324 
 
 ROADS, CLOSING OF 344 
 
 Application for closing of road to be made to council by petition 344 
 
 New roads, how closed 34^ 
 
GENERAL INDEX. 1419 
 
 KOADS, CLOSING OF-Continued. page 
 
 Notice of .application, how given, posted, sworn to 344 
 
 Order, dismissing or granting application, how made 344 
 
 may be appealed from to supreme court 344 
 
 when not appealed from, conclusive 344 
 
 Persons not interested in adjoining lands may be heard 344 
 
 Supreme court, proceedings before on appeal from order 344 
 
 Where owner of adjoining lands dead, who considered proprietor 344 
 
 Roads, New, Old, Open, Pent. See Boads, other than Certain Great. . . 325-327 
 
 KOADS, OTHER THAN CERTAIN GREAT, LAYING OUT OF ... 325 
 
 Agreement, may be made with proprietors, &c -. 325 
 
 when made, what particulars to contain ... 325 
 
 where none made, appraisement made 325 
 
 Application of chapter, to what roads limited . . 325 
 
 Appraisers ; appointment of, and their duties 325 
 
 how appointed when more than one proprietor 326 
 
 notice to be given to absent proprietor by mail . 325 
 
 old roads to be apportioned by, and how. . 326 
 
 Appraisers ; proceedings of, to be returned to clerk of municipality 325 
 
 sworn, before entering upon duties .... .... .... 325 
 
 Clerk of municipality ; to post notices of alteration or new roads 326 
 
 Committee ; appointment and duties of .... 325 
 
 appraisers to be r ppointed by in certain cases 325 
 
 may lay out roads less than 60 feet wide . . 326 
 
 make agreement with proprietor. .... .... 325 
 
 plan to be annexed to agreement . .... 325 
 
 report to be made by, to council 325 
 
 Damages ; appraised, and expenses, a municipal charge. .... 327 
 
 appraisement of, how made, returned, &c .325 
 
 for fencing when to be allowed .... .... 327 
 
 of open and pent roads, a municipal charge 327 
 
 when agreement made, amount to be stated . 325 
 
 Fences, to be put up before compensation allowed . . 327 
 
 Gates, may be placed on private ways by order of council . . 327 
 
 Land apportioned, to belong to party to whom allotted 326 
 
 Municipal Council ; committee to be appointed by 325 
 
 pi-oceedings confirmed or disallowed by 326 
 
 regulations, for gates on private ways made by 327 
 
 penalty for breach of 327 
 
 New roads ; how laid out .... 325 
 
 may be laid oflf of less width than 60 feet 326 
 
 Notices of alterations, &c., to be posted by clerk of council 326 
 
 Old roads ; apportionment of by appraisers, and how .... 326 
 
 property of persons to whom allotted .... 326 
 
 Open and pent roads ; how laid out 327 
 
 Penalty for breach of regulations of Council ... .... 327 
 
 Private roads, &c 327 
 
 Public landings ; alteration or establishment of .... .... 327 
 
 land laid off for, how much 327 
 
 Sites, of roads ; when held to have been surrendered ... .... 327 
 
 Warden to appoint one appraiser .... .... 325 
 
 Roads OVER Ice. See Ice, Roads over 521 
 
 KOADS, PRESERYATION OF 342 
 
 Alterations of, or encroachments on, forfeiture for .... .... .... 342 
 
 Bridge ; horse not to trot or gallop over . . 343 
 
 Carriage, standing on highway, proper position of .... 343 
 
 Carriages on runners ; bells to be affixed to harness of .... 343 
 
 width of regulated . ,., . 343 
 
 Centre of highway ; to be left on the right 343 
 
 Disorderly driving, penalty for .... .... .... , , , . 343 
 
 Encumbering roads, &c., justice may fine for .... 342 
 
 levy for fine, how made 342 
 
1420 GENERAL INDEX. 
 
 ROADS, PRESERVATION OP-Continned. pare 
 
 Encumbrances on sides of roads, forfeited. . 342, 343 
 
 Fine, for destroying trees between highways and rivers .... .... 342 
 
 encumbering roads or bridges .... .... 342 
 
 offenges against chapter, recovery and application of . . . .... 343 
 
 Hay, width of loads of restricted . 343 
 
 Highway ; centre of to be on right of driver ... .... .... ■ . • . 343 
 
 to be on left, when passing carriage heading same way 343 
 
 Roads near sea, &c., banks not to be injured, penalty for .... .... 342 
 
 Side paths ; coimcil to make regulations for preserving 342 
 
 Sleds unloaded ; regulations respecting 343 
 
 Robins and small Bieds. See Sirds and Animals 552 
 
 Roll, Justices'. See Justices of Peace, <t:c 724 
 
 RoTALTT. See Mines and Minerals 80, 81, 84, 95, 96, 103 
 
 Rules. Arbitration 1214 
 
 By-Laws. 
 
 Justices of Peace 727 
 
 Megulations. 
 
 Supreme Court, <J-c .... .... . .... Index 
 
 FOR Dmvino. See Roads, Preservation of 343 
 
 General. Mines, Regidation of 125-131 
 
 OP CoNSTKUCTiON. See Statutes, Promulgation, ^c 2-5 
 
 Wills, ^c 640,641 
 
 Special. See Mines, Regvlalion of 131-140 
 
 s. 
 
 Sabbath. See Sunday. 
 
 Safes. See Deeds, &c. , Registry of 623, 627 
 
 Probate Court 715 
 
 Salaries. See County Incorporations 431, 441, 444 
 
 Immigrants . .... . .... . .... 559 
 
 Jails, tike .... . .... .... .... 181 
 
 Lunatics, Custody, S/^c .... .... .... .... 286 
 
 Puhlic Instruction 219, 220, 228-231, 243, 247 
 
 Various other chapters. 
 
 AND Duties of Certain Officers. See Public Officers, ^c 155 
 
 Sale. See Horses and Cattle, Stray .... 512 
 
 OF Intoxicating Liquors, Licenses for. See Intoxicating Liquors 531 
 
 Lands UNDER Execution, ^ee Lands, Sale of under Execution 1249 
 
 FoKBCLOSURE. " " " Foreclosure 1247 
 
 Salt Marsh. See Sewers, Dyked and Marsh Lands 312 
 
 Sanitary Orders. See Boards of Health .211, 212 
 
 Nuisances 213 
 
 Satisfaction Piece. Supreme Court, ^c 903, 1058 
 
 Scale OF Labor. Highway Labor 335-6 
 
 Schedule of Fees. Costs arid Pees 1263 
 
 School Books. Public Instruction 218, 230 
 
 Commissioners. See Puhlic Instruction ... .218, 221-3 
 
 FOR Halifax City. See Public Instruction 244-248 
 
 Inspectors. See Public Instruction 218, 219, 238-9, 243 
 
 Lands. See County Incorporations . 
 
 Public Instrtiction . . . 
 
 Sewers, Dyke, ^c. 
 Meetings. See Public Instruction 
 Sections. 
 Teachers. 
 Trustees. 
 Visitors. 
 Year. 
 Schools. See Public Instruction. 
 
 435 
 222, 225-6-7, 236, 247 
 
 311 
 
 235-7 
 
 . . . 221-3, 228, 244 
 
 230-240,243 
 
 223-230 
 
 243 
 
 243 
 218 
 
 Scire Facias. See Supreme Court, ^c 907 
 
GENERAL INDEX. 
 
 1421 
 
 SEA MAKURE, GATHERIKG OF 
 
 Collection and taking of sea manure, to be regulated by council ... 
 
 Forfeiture, for breach of regulationa . . .... .... 
 
 Private rights, not abridged or taken away 
 
 SEAL, GREAT, OF THE PROVINCE 
 
 Change in may be made by Goveinor-in-Council ... .... 
 
 Proclamation of change to be made ... .... .... , .... 
 
 Until altered existing great seal continues .... 
 
 Seamen. Siee Wills of Reed and Personal Estate ... 
 
 Seals, Vacating of. See Legislature .... .... .... 
 
 Secret Bills or Sale, &o. See Bills of Sale, Secret .... .... 
 
 Seckbtary of School Commissioners. See Public Instruction 
 
 Trustees. " " 
 
 Provincial. See Provincial Secretary. 
 Sections. See Public Instruction .... .... .... .... 221-3, 
 
 Securing Liberty OF St eject. See Liberty of Subject .... 
 
 Securities. See Supreme Court, 3fc .... ; . . . .... .... 
 
 Security. Forcible Entry and Detainer. .... .... .... 
 
 Statutes, Promulgation, ^c .... 
 
 fob, Costs. See Supreme Court, ^c. .... .... .920,954, 
 
 Servants, Apprentices, and Masters. See Masters, Apprentices, ^c 
 
 Service. See Supreme Court, §-c .... .... .... 
 
 Constructive. See Constructive Service . 
 
 Set-off. See Magistrates^ Courts, ibc. .... 
 
 Supreme Court, Pleadings . . .... .... .... 
 
 Settlement AND Support of Poor. See Poor, Settlement, iSsc. 
 
 Sewers, Commissioners of. See Sewers, Dyke, <fcc 
 
 SEWERS; DYKE AND MARSH LANDS. 
 
 Assessment ; for what purpose to be made 
 
 how recovered and on what proof 
 
 on meadows and swamps, for drainage ... 
 
 Wickwire dyke lands, how made . . . .... 
 
 when unanimously agreed to, valid 
 
 where exceeding sum, how made . .... .... 
 
 Assessors ; how elected, and by whom sworn . . 309, 310, 
 
 fined for neglect of duty . . 
 
 when proprietors dissatisfied with rate .... .... 
 
 Certiorari ; proceedings removed to supreme court by 
 
 Clerk appointed by commissioners, and sworn. . 
 
 commissioner not to hold the office of .... 
 
 competency of, as witness in certain cases 
 
 fine for neglecting or refusing duty 
 
 records, &c., to be kept by .... 
 
 Collector, a competent 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 appointed and sworn by 
 
 keep records, &c. .... .... .... 
 
 duty of, on application for drainage 
 
 flowing dyke lands 
 
 repairing, &c., roads 
 
 how far liable for acts of predecessors 
 
 liable to action in what cases, &c 
 
 may assess occupiers or owners of lands 
 
 notice to proprietors to be given by, &o. . . .: 
 
 office of clerk not to be held by 
 
 PAOE 
 
 520 
 .. 520 
 
 520 
 .. 520 
 
 7 
 
 7 
 
 7 
 
 638 
 8, 9, 10 
 
 649 
 
 .. 238 
 
 225-30 
 
 228, 244 
 
 . .. 1221 
 
 Index 
 
 . .. 1260 
 
 4 
 
 964, 967 
 
 693 
 
 . . Index 
 
 . . . 732 
 
 Index 
 
 . . . 264 
 
 308 
 
 . . . 308 
 309 
 
 ... 310 
 310 
 
 . . . 310 
 310 
 
 .309, 310 
 
 315, 316 
 
 ... 316 
 315 
 
 ... 316 
 308 
 
 ... 312 
 312 
 
 ... 316 
 312 
 
 ... 312 
 312 
 310 
 316 
 308 
 308 
 308 
 308 
 312 
 314 
 315 
 314 
 317 
 311 
 309 
 309 
 312 
 
 .309, 
 
1422 
 
 GENERAL INDEX. 
 
 SEWERS; DYKE AND MARSH LANDS-Continued. 
 
 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 dyke lands, how supervised, &c. 
 Drains, person widening, liable for damage by . .... 
 
 Dyke ; cut for flowing ; expense of repairing how bOrne. . . 
 injured by pasturage or roads, how repaired. . . . 
 
 inner, proprietors interested in ... . .... ... 
 
 lands, alone to be assessed for dyke rate .... 
 
 outer, ceasing to protect inner, how repaired, &o . . . 
 protecting inner, how kept in repair .... 
 
 proceedings on application for flowing lands .... 
 
 repairing roads through 
 Wickwire ; assessment in respect to, how made .... 
 
 Fines, &c. , how recovered and on what evidence .... 
 
 on officers, neglecting or refusing duty . .... 
 
 Labor, &c. , to be furnished by owners, &o. , under penalty 
 Lands ; liable for fines, rates, &c. , although sold ... .... 
 
 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 benefited 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 appointed, sworn, &c. . .... .... 
 
 Plans ; how obtained Gy commissioner when necessary .... 
 
 Proprietors not owning two-thirds, case of provided for 
 
 Salt marsh ; in what cases taxed, ifeo .... .... 
 
 Wickwire dyke ; commissioners, how to assess for .... 
 Witnesses ; competency of officers as, in certain cases .... 
 Sheep ; dogs worrying may be killed. See Cattle, Stray, ^c. 
 
 Sheriff. See Assessments, Municipal .... 
 
 Costs and Fees 
 
 County Court, Sj-c. .... .... .... .... 
 
 Comity Incorporations, tS:c 
 
 Crown Property, Trespasses to .... .... 
 
 Supreme Court, d-c. ... .... .... .... 
 
 SHERIFFS 
 
 Acts of ] 882, cap. 44, continued in force .... .... 
 
 Accounts of are to be rendered to Provincial Secretary yearly 
 penalty after two months' neglect to render 
 
 Action against for escape, h6w tried 
 
 Appointment of, and tenure of office . . .... .... 
 
 Bond ; action on, how brought and tried . . .... 
 
 may be stayed in certain cases .... 
 
 amount of fixed by Governor-iu-Couucil .... 
 
 approval of, &c., by Governor-in-Council 
 
 certificate of execution of, form of . .... 
 
 duplicate of, filed in prothonotary's office 
 
 transmitted to Provincial Secretary 
 
 forfeiture for want of .... .... 
 
 form of . .... .... .... .... 
 
 i udgnlent on, effect of .... .... 
 
 execution on, how endorsed . . 
 
 PAoe 
 
 &c. 
 
 1150. 
 
 53 
 
 
 309 
 
 '..308 
 
 312 
 
 
 311 
 
 
 316 
 
 
 311 
 
 
 314 
 
 
 310 
 
 
 
 317 
 
 
 317 
 
 
 315 
 
 . ' 313 
 
 314 
 
 . . . • 
 
 313 
 
 
 317 
 
 
 313 
 
 
 313 
 
 ... * 
 
 315 
 
 
 314 
 
 
 310 
 
 
 310 
 
 . . • • 
 
 316 
 
 
 311 
 
 
 310 
 
 
 310 
 
 
 310 
 
 
 310 
 
 .... 
 
 316 
 
 
 311 
 
 . • • * 
 
 312 
 
 . 317 
 
 318 
 
 ..315 
 
 316 
 
 
 309 
 
 
 316 
 
 
 309 
 
 .... 
 
 312 
 
 
 316 
 
 
 312 
 
 
 310 
 
 .... 
 
 312 
 
 
 513 
 
 473-5 
 
 ,481 
 
 . 1265- 
 
 1271 
 
 54, 1162-64 
 
 
 428 
 
 
 150 
 
 Index 
 
 
 166 
 
 
 173 
 
 
 171 
 
 
 171 
 
 
 171 
 
 
 166 
 
 
 169 
 
 
 170 
 
 
 166 
 
 . ' 167 
 
 , 168 
 
 
 174 
 
 
 166 
 
 
 167 
 
 
 168 
 
 t • . > 
 
 173 
 
 
 170 
 
 
 170 
 
GENERAL INDEX. 
 
 3423 
 
 SHEBIFPS-Continued. 
 
 Bond not to be void for irregularity, &c 
 
 open to examination, &c . . 
 
 renewal of . . 
 
 sheriff liable to forfeit office on neglect to furnish ... , 
 
 to remain liable after forfeiture until new sheriff appointed 
 
 substitution of new bond for , , 
 
 sureties on, affidavit of justifioatioii of . , . 
 
 death, &c., of ' .,., 
 
 liability of, on bond disapproved 
 
 may give notice to be relieved 
 
 _ when deemed discharged 
 
 Books ; access to by certain persons ' 
 
 attachment book .... .... 
 
 cost of, paid by the county .... " ' " " 
 
 execution book .... 
 
 fee for entry in . 
 
 process books 
 
 shall be property of provincial government .... 
 
 to be handed over to incoming sheriff' 
 
 Costs of ; party issuing process and his attorney severally liable' to pay 
 
 Death of ; duties of incoming sheriff . . 
 
 rights of heirs, executors, &c. . . 
 
 Forfeiture of office for neglecting to furnish security, &c . . 
 
 may be remitted 
 
 sheriff's duties, &c. , af rer . . 
 
 Incoming, duties of 
 
 Justice of the peace, sheriff or deputy cannot be .... , . 
 
 Oath of office of .... .... 
 
 Office of ; forfeiture of .... .... , , , . 
 
 oath of .... .... 
 
 tenure of . .... .... .... .... 
 
 till new sheriff appointed old sheriff continues in 
 
 Outgoing ; duties of 
 
 Penalties for false return to writs .... .... 
 
 for neglect to render accounts .... .... 
 
 Removal or resignation of, his duties thereon .... .... 
 
 Return of writs with indorsements ... 
 
 Seal of, furnished by Governor-in-Council. 
 Tenure of office ; during good behaviour 
 
 till new sheriff appointed 
 
 when forfeited .... .... 
 
 Writs, execution of by incoming sheriff. . . 
 
 returns of, with indorsements . 
 
 Shebifp's Deed. See Lands, Sale of under Execution.. 
 
 Foreclosure 
 
 Ships. See Assessments, Municipal . . .... 
 
 Ship'.s Registee. See W itnesses and Evidence .... 
 
 Intoxicating Liquors , , , .... 
 Roads, Preservation of ... . 
 Mines, Begidation of. . , .... 
 Roads, other than Certain Great . 
 See Supreme Court, Ifc 
 
 See Election of Members, 
 
 Shoi- License. 
 Side-Paths. 
 Single Shafts. 
 Sites of Roads, 
 Sittings at Chambers, 
 Halifax, 
 
 SlANDEB. m - ' II .... 
 
 Sleighs, Sleds, &c. See Roads, Preservation of . . .... 
 
 Slaughteeing OF Cattle. See Nuisances .... •••• , 
 
 Snipe and Woodcock. Birds and Animals .... .... 
 
 Societies, Aoeicultueal. See Agriculture, Encouragement of 
 
 Societies and Conseegations, Religious. See Religious Congregations, 
 Benevolent. See Officers, Incorporated Sureties for .... 
 
 SOLDIEES. See Wills, ^c ' 
 
 Solemnization of Marriage. See Marriage, Solemnization of .... 
 Spbakeb of Assembly. See Legislature .... .... . . . . 
 
 853, 
 
 PAGK 
 
 169 
 ... 169 
 
 167 
 ... 168 
 
 170 
 ... 167 
 
 174 
 ... 167 
 
 167 
 ... 168 
 
 170 
 ... 173 
 
 171 
 . . . 171 
 
 171 
 ... 171 
 
 170 
 . .. 172 
 
 172 
 ... 171 
 
 172 
 ... 173 
 
 168 
 ... 168 
 
 170 
 . . . 172 
 
 171 
 . . . 166 
 
 168 
 ... 166 
 
 166 
 ... 170 
 
 172 
 ... 170 
 
 171 
 ... 172 
 
 171 
 ... 38 
 
 166 
 ... 170 
 
 170 
 . . . 172 
 
 171 
 
 ... 1252 
 
 1248-9 
 
 . . . 480 
 
 1181 
 
 534, 536 
 
 342 
 ...116-7 
 
 327 
 . . Index 
 957, 958 
 858, 885 
 
 342 
 ... 216 
 
 551 
 
 298 
 , . . 189 
 
 609 
 . . 638 
 
 655 
 
1424 
 
 GENERAL INDEX. 
 
 Special Case. See Arbitration . . .... .... 
 
 Supreme Court, Sfc • _■ ■ • 
 
 Constables, and Preserving Order, See Constables, Special, Sc. 
 
 Jury. See Juries . . 1169,1173, 
 
 Partners. See Partnerships .... .... .... .... 
 
 Sessions. Debtors, Indigent .... .... 
 
 Specialties. See Limitation of Actions . . .... .... .... - • . 
 
 Specific Pebpormance. See Supreme Court, dec .... 
 
 Spirituous Liquors. See Intoxicating Liquors 
 
 ' Jails and County Buildings .... .... — 
 
 Statute Labor. See County Incorporatimis . . .... .... 
 
 Fires and Firewards .... . . . ■. .... ■ . • 
 
 Highway Labor .... .... .... • • ■ . 
 
 Streets, Commissioners of. ... .... ... 
 
 Statutes. See Limitation of Actions .... 
 
 STATUTES, FROMULGATION AND CONSTRUCTION OF 
 
 Acts, all deemed public . .... 
 
 construction of, rules for .... .... .... ... 
 
 date of commencement of . .... .... .... .... 
 
 evidence of . . . .... .... .... .... .... ... 
 
 meaning of terms in .... 
 
 repealed same session as passed .... .... .... ... 
 
 how revived .... .... .... .... .... 
 
 proceedings under .... .... .... .... ... 
 
 Appointments, power to make includes power to fill vacancies .... 
 
 By-laws, power to make includes power to revoke .... .... ... 
 
 County or municipal charge, how recovered 
 
 Forms, slight deviation in permitted . . .... . .... ... 
 
 Oaths ; justices of peace may administer. . . .... .... 
 
 Penalties, general provisions 
 
 Quakers and Moravians may affirm 
 
 Sunday, &c. , acts to be done on, performed next day ... 
 
 Time, as at the 60° meridian .... .... .... .... .... 
 
 Stay of Proceedings. See Arbitration .... 
 
 Supreme Court, Sfc. . . . .... ... 
 
 Stipendiary Magistrates. See County Incorporations 
 
 Justices of the Peace 
 
 Stock. See Agriculture, Encouragement of .... .... .... . . . 
 
 Kent, Distress for .... .... .... .... .... 
 
 Joint Stock Companies .... .... .... .... . . . 
 
 Stray Horses and Cattle. See CcUtle, Stray 
 
 STREETS, COMMISSIONERS OF 
 
 Accounts of receipts and expenditures, how kept, &c .... 
 
 penalty for not rendering to clerk of municipality .... . . . 
 
 Action not to be commenced against without notice .... .... 
 
 Bridge over Annapolis River, to continue under charge of .... . . . 
 
 Bridges over rivers, &o. , dividing townships, &c. , under whose charge 
 
 Building materials may be placed in streets by leave of . . . . 
 
 Clerk and receiver of moneys, appointment of, &c. . .... 
 
 Detinition of terms " commissioners " and "streets "... .... 
 
 Duties of defined and specified ... 
 
 Forfeiture for breaking soil of street without leave 
 
 driving or riding on side path .... .... 
 
 encroaching on line of street 
 
 neglecting to keep gutters, &c. , clean 
 
 placing building materials, &c. , without leave .... 
 how recovered and applied .... .... .... 
 
 Halifax city, chapter not applicable to .... .... .... 
 
 Jurisdiction of defined . . .... .... .... .... 
 
 Line of street ; how protected in case of new building . . .... 
 
 settled in case of dispute. &c .... . 
 
 PAGE 
 
 1215 
 
 Index 
 
 177 
 
 1175, 1176 
 
 616, 618-9 
 
 .... 1230 
 
 1201-2 
 
 1017, 1039 
 
 .... 531 
 
 180-1 
 
 .... 440 
 
 964 
 
 .... 335 
 
 348 
 
 .... 1202 
 
 2 
 2 
 . 2, 3, 4 
 2 
 2 
 2,3,4 
 2 
 2 
 
 4 
 
 4 
 
 4 
 
 4 
 
 4 
 
 5 
 
 4 
 
 4 
 
 4 
 
 .... 1217 
 
 Index 
 
 439 
 
 .... 727 
 
 299 
 
 .... 1259 
 
 567 
 
 .... 511 
 
 345 
 .... 348 
 
 348 
 .... 351 
 
 350 
 .... 351 
 
 349 
 .... 348 
 
 351 
 .... 348 
 
 350 
 
 .... 350 
 
 . 349, 350 
 
 .... 349 
 
 349 
 .... 351 
 
 351 
 ..345-349 
 
 349 
 .... 350 
 
GENERAL INDEX. 
 
 1425 
 
 STREETS, COMMISSIONERS OF-Continued. 
 
 IMuuicipal councils empowered to set off districts, &c., and ^x number 
 
 compensation of commissioners .... 
 Nuisances and encroachments, liow dealt Avith . . . 
 Powers of, same as of surveyors of highwaj^s . 
 Provisions of chapter, applicable to when sworn in 
 Wells and pumps may be dug and placed, &c. . 
 
 Subject, Liberty of. See Liberty of Suhject 
 
 SuEMAKiXE Areas. Minvs and MineraU . .. 
 
 Jlijic.s, Regulation of ... 
 
 SuBPCEyA. See Supreme Court, Sj-c .... 
 
 Wilih-nses and Evidence .... ... 
 
 Subscribers to Churches, &o. See PidAic Works, Subscriptlona to 
 
 Subscriptions to Public Works. tp n n 
 
 Suits AGAINST Absent or Absconding Debtors. See Supreme Court, 
 
 See Ex 
 
 ■5t 
 
 uto 
 
 SUITH AGAINST EXECUTORS, ADMINISTRATORS, AND TRUSTEES. 
 ministrators, and Trustees .... .... 
 
 Summary Causes. See Costs and Fees . . . 
 County Court 
 
 SUMMARY CONVICTIONS AND ORDERS BY JUSTICES OF 
 PEACE 
 
 Action against justices for failing to make returns . 
 Adjournment on variance in summons .... 
 
 warrant .... .... 
 
 hearing of information or complaint 
 parties not appearing after .... 
 
 until defendant is apprehended 
 when complaincint does not appear 
 Amount of penalty payable to party aggrieved 
 Appeal ; abandonment of, costs on .... .... 
 
 allowed on variance, when . . .... 
 
 clerk to endorse convictions quashed on. . 
 costs on, payment of .... .... 
 
 when not abandoned ... .... 
 
 decision on, to be given on merits 
 
 eii'ect of conviction affirmed on .... 
 
 when none taken 
 
 jury may be empanelled on .... 
 
 , justices to return conviction before hearing of 
 money deposited in ... . 
 
 notice of .... .... 
 
 proceedings after .... .... 
 
 in court of .... .... 
 
 security on .... .... .... 
 
 to be to county court 
 
 what term . . .... .... 
 
 witnesses, new may be called on .... 
 
 Appear ; complainant failing to appear . . 
 
 defendant failing to .... .... 
 
 when both parties .... 
 
 Attorney ; who entitled to have .... .... 
 
 By-law need not be set out in conviction . 
 Certificate of dismissal to be bar to further action 
 
 non-payment of costs in appeal 
 Cf.rfiorar/, when not to lie to Supreme Court .. 
 Clerk ; costs to be payable to ... . .... 
 
 to publish and post return of convictions 
 
 send copies of retarns to Provincial Secretary, 
 Compensation adjudged in conviction, recovered how. .. 
 
 Complainant ; competency of as witness 
 
 entitled to counsel or attorney 
 
 imprisonment of for costs . . 
 
 91 
 
 744, 
 
 page 
 
 and 
 
 351 
 
 348, 349 
 
 351 
 
 . . 351 
 
 349 
 
 .. 1221 
 
 99, 101 
 
 .. 139 
 
 Index 
 
 1185 
 
 490 
 
 490 
 
 919-924 
 
 Ad- 
 
 1205 
 
 1205 
 
 1161 
 
 THE 
 
 742 
 
 ... 763 
 
 744 
 ... 746 
 
 753 
 
 . . . 753 
 
 750-1 
 
 751, 753 
 
 764-5 
 
 ... 760 
 
 759-60 
 
 ... 759 
 
 761 
 
 760 
 
 760 
 ... 761 
 
 761 
 ... 759 
 
 761 
 ... 761 
 
 758 
 
 ... 760 
 
 758-9 
 
 ... 758 
 
 758 
 ... 758 
 
 759 
 ... 751 
 745, 750-1 
 ...751-2 
 
 750 
 ... 754 
 
 752 
 ... 761 
 
 760 
 ... 761 
 
 763 
 ... 763 
 
 755 
 .750, 753 
 
 750 
 ... 757 
 
1426 
 
 genekal index. 
 
 SUMMARY CONVICTIONS AND ORDERS BY JUSTICES OF THE 
 
 PEACE— Continued. woe 
 
 Complainant; non-appearance of, disposal of defendant on.... .... 751 
 
 dismissal of information on .... 753 
 
 not entitled to make observations, when .... .... 752 
 
 Complaints ; certain need not be in writing . .... .... .... 748 
 
 on oath .... 749 
 
 costs on dismissal of .... .... .... 757 
 
 hearing, &c. , of .... .... .... .... .... 750 
 
 may be received by one justice .... .... .... .... 764 
 
 negativing exceptions in .... .... .... .... 753 
 
 to be for one matter only .... .... .... .... .... 749 
 
 made within three months . .... .... .... 750 
 
 Constable ; attendance at time and place named in summons .... . 743 
 
 to prove manner of service of summons .... .... .... 750 
 
 Conviction ; construction of, where not appealed from .... .... .... 761 
 
 affirmed in appeal . . .... .... 761 
 
 form of provided for .... .... .... .... .... 754 
 
 in pursuance of by-law, what to contain ... .... .... 754 
 
 presumed to be unappealed from . .... .... .... 761 
 
 proof of previous .... .... .... .... .... 761 
 
 to be drawn up under hand and seal of justice. .... .... 752 
 
 returned by justice, when. .. .... .... .... 761 
 
 Costs ; justices may aM'ard, what. .... .... .... .... 754^5 
 
 liability to, not to disqualify prosecutor as witness .... 753 
 
 on dismissal of information or complaint . . .... .... .... 757 
 
 appeal .... 761-2 
 
 recoverable, how .... .... .... .... .... .... 755 
 
 time of imprisonment for non-payment of .... .... .... 757, 761 
 
 to be stated in conviction . .... .... .... .... .... 755 
 
 Counsel ; who entitled to have .... .... .... .... .... 750 
 
 Court to be open to public .... .... .... .... .... , , 750 
 
 Debt ; act not to apply to penalties recoverable as. .... ... .742-3 
 
 Defect in warrant of commitment not to invalidate .... .... 760 
 
 Defendant ; disposal of, on apprehension . .... .... .... , 75I 
 
 adjournment at hearing .... 753 
 
 until return of distress warrant . .... 756 
 
 when complainant does not appear.. .... 751 
 
 may be committed before issue of distress warrant .... 756 
 
 make full defence and give evidence . . .... . . .,. 750 
 
 have counsel or attorney. .... .... , , , . .... 750 
 
 not appearing after adjournment. . .... .... ..,, 753 
 
 to recognizance .... .... .... 751 
 
 when served .... .... .... . , 744, 750-1 
 
 service of warrant on .... .... .... .... .... 744 
 
 minute of conviction on .... .... . 754- 
 
 to be asked to show cause on hearing . . .... . , . , . 752 
 
 warrant for in first instance .... .... 744 
 
 Description of property and persons in information, &c .... .... 747 
 
 Evidence ; committal for refusal to give .... 748 
 
 complainant, how qualified to give .... .... .... .... 750 
 
 on appeal, parties may give new ... .... .... .... 759 
 
 that conviction was quashed. .... _ . . 759 
 
 party aggrieved may give . .... .... .... .... 735 
 
 variance between and information ... .... .... .... 748-^ 
 
 warrant, in first instance to obtain . .... 748 
 
 on party disobeying summons to give . . 747-8 
 
 Fine ; claim to may be renounced .... .... .... .... , , . , 75(J 
 
 Form of ; certificate, of non-appearance of defendant to recognizance, 770 
 
 dismissal of information or complaint. .. 782, 797 
 
 clerk that costs of appeal not paid . . 792 
 
 commitment of witness refusing to be sworn . . .... .... 77,3 
 
 complaint on oath (general) .... .... .... .... .... 795 
 
 constable's return to warrant of distress .... .... 785 
 
GENERAL INDEX. 1427 
 
 SUMMARr CONVICTIONS AND ORDERS BY JUSTICES OP THE 
 
 PEACE— Continued. page 
 
 Form of conviction in different cases .... . . . ^ .... . , 775-6-7 
 
 endorsement in backing warrant of distress. . . .... .... 785 
 
 of non-appearance on recognizance ... .... .... 770 
 
 iaformatiofl on oath (genial) .... .... ... 795 
 
 ■notice on appeal against conviction .... .... .... .... 767 
 
 recognizance to defendant, on adjournment., .... 770 
 
 appeal ... .... .... 798 
 
 ■order, for payment of money in different cases .... 778=-9 
 
 any other matter .... .... .... .... 780 
 
 of dismissal of information or complaint .... .... 781, 796 
 
 recognizance, of defendant, on adjournment .... .... .... 769 
 
 to ti-y appeal . . .... 797 
 
 summons, upon an information or complaint .... .... , . . . 766 
 
 to a "witness .... ... .... .... .... 771 
 
 •warrant, when summons disobeyed .... .... .... .... 767 
 
 in first instance. . . .... .... ... . . 768 
 
 of committal during adjournment .... .... .... 768 
 
 where witness disobeys summons. . . .... .... 771 
 
 for witness in first instance. ... .... .... .... 772 
 
 to remand defendant when apprehended . , . . .... 774 
 
 of distress, on convicti-on for penalty. ... .... .... 782 
 
 «rder for payment of money.. .... 784 
 
 endorsement on backing . . .... .... 785 
 
 constables return to . . .... 785 
 
 for costs on dismissal of complaint. ... .... 789 
 
 of an appeal .... .... .... 792 
 
 eommittment, for want of distress .... .... .... 786 
 
 in first instance, on conviction .... 787 
 
 order 788 
 
 for want of distress, on dismissal of 
 
 complaint .... .... .... 791 
 
 for want of distress, on costs of appeal, 794 
 
 of witne,^ refusing to be sworn 773 
 
 iPoriAelP offfence ; how proved 7bl 
 
 Forms ; in schedule to be deemed good 766 
 
 Hearing; adjournment of .. .. .... .... .... .... .... 752 
 
 justice taking information need not be present at. 764 
 
 presence of justices throughout .... .... .... 764 
 
 proceedings on .... .... ■ • . . .... .... . . • ■ 752 
 
 Imprisonment, length of ; under warrant of commitment 757 
 
 for non-payment of costs .... .... , .757, 761 
 
 subsequent offence ; when to commence for . ..-. .... 757 
 
 informant, competency of as witness .... .... .... ..750-753 
 
 entitled to counsel or attorney ... . ... .... .... 750 
 
 imprisonment of for costs ...-. .... .... .... .... 757 
 
 non-appearance of ; disposal of defendant on .... .... 751 
 
 dismissal of information on. .... 753 
 
 not entitled to make observations, when 752 
 
 -Information ; costs «n dismissal of .... .... ..■■ •••• ■■•• 757 
 
 description of persons and .property in 747 
 
 hearing, &o., of ... . .... .•■■ ••■• 750 
 
 laid ; may be within what time... .... ..-.. .... 750 
 
 without oath when .... .... 764 
 
 summons to issue when. ... . .,. .... .... 743 
 
 ■negativing exemptions, &o., in .... . . • ■ 753 
 
 ■oath, need not be on when .... ■ • ■ - 749 
 
 must be on for warrant in first instance., ' 749 
 
 to be for one matter only ...» • • • ■ 749 
 
 variance between and evidence .... .... 748 
 
 Interpretation of certain words 765-6 
 
 Jury ma,y be empanelled, when . , ...• •■•■ 759 
 
1428 
 
 GENERAL INDEX. 
 
 SUMMARY CONYICTIOSS AND ORDEKS BY JUSTICES 
 PEACE-Coutinued. 
 
 Justices ; certain magistrates to have powers of two . . 
 difi'erent may act before and after hearing 
 duty of on hearing .... .... 
 
 in what cases one may act . . .... 
 
 may award costs . . .... .... ... 
 
 back warrant for execution. .... 
 
 be indicted notwithstanding act .... 
 
 commit defendant without issue of distress. 
 
 until return of n 
 
 issue ^varrant of distress, wlien .... 
 
 penalty on for neglect to make returns .... 
 
 actions for, time and place of trial of . . 
 to give certificate of dismissal .... .... 
 
 make returns of convictions . . .... 
 
 subsequent returns .". . . .... 
 
 return convictions when and wher« ... 
 
 deposit money .... .... .... 
 
 when hearing before two, both must be present throu 
 Minute, justice to make a, of conviction or order .... 
 
 service of on defendant before issue of warrant. . 
 Negative ; prosecutor need not prove.. .... .... 
 
 Oath, for warrant, when summons disobeyed .... 
 
 in first instance. . . .... ... 
 
 of juror . . ... .... .... .... 
 
 Observations by either party .... 
 
 Order ; form of provided for .... .... .... 
 
 minute of to be served when . .... .... 
 
 Ownership ; description of in information .... 
 
 Penalty ; amount of to be paid to party aggrieved .... 
 
 pecuniary, how recovered .... .... 
 
 what recoverable under chapter .... .... 
 
 under §40 how recovered .... .... 
 
 Persons ; description of in information, &c. ... .... 
 
 Police magistrate to have powers of two justices . . 
 Presumption ; that conviction u^appealed from .... 
 
 Prior conviction ; how proved ... .... .... 
 
 Procedure ; when to be according to chapter . . .... 
 
 where penalty under §iO .... .... 
 
 Proceedings, after appeal .... .... .... .... 
 
 in court of appeal . . .... .... 
 
 on hearing .... .... . .... 
 
 Property ; description of in information . . .... 
 
 Punishment ; when chapter to apply to infliction of . .. . 
 
 Recognisance ; proceedings on defendant's .... 
 
 Recorder ; powers of .... .... .... ... 
 
 Returns ; clerk of council, duties on .... .... 
 
 justices to make of convictions .... .... 
 
 penalty for neglect to make .... .... 
 
 subsequent .... .... .... .... 
 
 Service ; attendance of constable to prove .... 
 
 of copy of warrant on defendant, when .... 
 
 minute of conviction on defendant . . 
 to be proved by constable . . .... .... 
 
 Stipendiary magistrates ; powers of .... .... 
 
 Subsequent offence ; imprisonment for .... .... 
 
 Summons ; contents of . . .... .... .... 
 
 issue of, on information laid .... 
 
 unnecessary, when ... .... 
 
 may be granted by' one justice .... .... 
 
 objections to not allowable .... .... 
 
 service of ; how and by whom made .... 
 
 proof of by constable .... 
 
 OF 
 
 46- 
 
 ghout 
 
 trial . 
 
 744, 
 
 749, 
 
 THE 
 
 PAGE 
 
 76.5 
 7ii4 
 752 
 704 
 754-S 
 755-6 
 764 
 756 
 756 
 755 
 763 
 763 
 752 
 762 
 762 
 761 
 761 
 764 
 752 
 754 
 753 
 744 
 749 
 759 
 752 
 754 
 754 
 747 
 
 764r-5 
 
 755 
 742-3 
 742-3 
 747 
 765 
 761 
 761 
 742-3 
 742-3 
 760 
 758-9 
 752 
 747 
 742 
 751, 754, 756 
 765 
 763 
 762 
 763 
 702 
 744 
 744 
 754 
 750 
 765 
 757 
 743 
 743 
 743 
 764 
 744 
 743 
 .743, 750 
 
GENERAL INDEX. 
 
 1429 
 
 SUMMARY rOXVICTIONS AND OKDERS BY JUSTICES OF THE 
 PEACE-Continued. 
 
 Summons to person tc give evidence .... .... 
 
 warrant may issue, if party does not appear to 
 
 instead of .... 
 
 Time for laying information or complaint . 
 
 of imprisonment ; under commitment. . . .... 
 
 for non-payment of costs . 
 
 Variance, between evidence and information. . . 
 
 how treated in summons .... .... 
 
 warrant .... .... .... 
 
 appeal .... .... 
 
 Warrant ; backing and effect of . . 
 
 defect in, effect of .... .... .... 
 
 duration of . . . .... 
 
 executed, by what officer. . 
 
 how and where .... 
 
 issue of, in first instance when .... 
 
 oaths required in such case .... 
 where party does not appear to summons 
 required to give evidence 
 
 may be issued by one justice .... 
 
 service of copy of on defendant 
 
 to be under hand and seal of justice 
 
 whom directed .... .... .... 
 
 of commitment, defect in not to invalidate . . 
 
 imprisonment under, term of . . 
 
 for subsecpient offence 
 issue of, minute of conviction to be served before 
 when return of no goods 
 for costs on appeal . 
 on determination of appeal 
 payment of penalty in to jailer 
 of distress, disposal of defendant until return of . 
 
 issue of, for recovery of penalty ^vhen . . 
 costs on appeal . 
 on determination of ... . 
 
 when would be ruinous .... 
 
 service of minute of order before 
 may be backed for execution. .... 
 
 tender of amount due on .... 
 
 Witness ; liability to costs not to disqualify prosecutor as 
 new may be called on appeal .... .... 
 
 party aggrieved and certain others may be 
 
 prosecutor may renounce penalty and be 
 
 to be examined on oath .... .... 
 
 where complainant qualified to be . . 
 
 SuMMON.s. See County Court n .... .... 
 
 Jntoxicatwcj Liquors .... .... .... 
 
 Lands, Partition of. ,. .... . . ■ - 
 
 Magistrates' Courts, Sfc . . . .... • • • • 
 
 ■ Supre')ne Court, S^c. . . .... .... 
 
 Sunday. Coroners . . .... ... - ■ • • ■ 
 
 Intoxicating Liquors .. ... .... 
 
 iitaiutes, Promulgation, Sc. . .. . .... 
 
 Supreme Court, <te. ... .... . • • • 
 
 StTPEKiNTENDENT OF EDUCATION, See Public Instruction. .. 
 SUPKHVISOKS. See County Incorporations .... .... 
 
 Pbads, Certain Great, dje ... 
 
 or Public Grounds. See PuUic Grounds, Sfc 
 Support and Settlement of Poor. See Poor, Settlement, 
 Supreme Court. See Costs and Fees .... .... 
 
 County Courts .... .... 
 
 Debtors., Indi()ant . .... 
 
 PAOE 
 
 747 
 
 ... 744 
 
 744 
 
 . . . 750 
 
 757 
 
 757, 761 
 
 748-9 
 
 .. 744 
 
 746 
 
 760 
 
 .. 746 
 
 746 
 
 .. 745 
 
 745-6 
 
 ..74.5-6 
 
 744 
 
 .. 744 
 
 744 
 
 ..747-8 
 
 764 
 
 .. 744 
 
 745 
 
 .. 745 
 
 760 
 
 .. 757 
 
 757 
 
 754 
 
 756-7 
 
 761-2 
 
 .. 760 
 
 7£4 
 
 .. 756 
 
 755 
 
 ..761-2 
 
 760 
 
 . . 756 
 
 754 
 
 ..75,5-6 
 
 764 
 
 . . 75.3 
 
 759 
 
 .. 765 
 
 750 
 
 . . 75.3 
 
 753 
 
 ..1150-51 
 
 537, 541, .542 
 
 .... 1240 
 
 . . . 728-731 
 
 .... Index 
 
 ..: 176 
 
 .... 536 
 
 4 
 
 964 
 
 218, 220, 2.38, 243 
 
 444 
 
 324 
 
 .... 486 
 
 264 
 
 .... 1263 
 
 1147-50, 1155, ll57, 1163-4 
 
 1224, 1227, 1229 
 
1430 GENERAL INDEX. 
 
 SujRBMB. Court.. See Electioiis; Ctintroverted, of Members, d-c 43, 45 
 
 Incorporated Compantes, Winding- wp ... ■ .... ..588, sqq; 
 
 Jails amd County Buildings . .... .... 181 
 
 Judqes, Jiistices, ^. . . . ..... .... •••• ••■• H"* 
 
 Justices of the Peace, ^c '727 
 
 Liberty of Subject .... . .... . ■ • • ■ ■ ■ ■ 1221 
 
 Lunatics, Cttstody, ^c ....... •-•. 288,293' 
 
 Partnerships.. .... . ... ...615-1d 
 
 Petition, of Jiiqht 119* 
 
 Mads, Closing of 344 
 
 Supreme Court, ^c, of Canada 1195 
 
 SUPREME COURT AND PEOCEDURE THEREIS 799-1144 
 
 Abatement. 
 
 Abated causes, when striTck out of Cause Book 847 
 
 Adding parties becoming interested .... 84ft 
 
 Assignment .... .... .... .... — . — • 845 
 
 Bankruptcy . .-r. 845 
 
 Certificate of abatement 847 
 
 Death 845- 
 
 Devolution of estate .... ^... . .... .... 845 
 
 In mandamus .... .... .... .^ — - . . . • 936 
 
 Marriage .... 845 
 
 Pleas or defence in, abolished .... .... . — . — .... 858^ 
 
 See, also. Change of Parties, by Death, &c 845-847 
 
 Abolisbded Proceedings. 
 
 Abatement, pleas or defence in, abolished »... .... . 858. 
 
 Aiidita Querela abolished .... .... .... .... . — 908. 
 
 Cross-action where counter-claim will avail .... . 849 
 
 Cross-appeal .953,954 
 
 Defectiveness of actions . .... .... .... 845 
 
 Demurrers. .... .... . .... .... 863 
 
 Exceptions to affidavits in answer .... .... .... 87 1 
 
 Injunction, to restrain proceedings at law .... .... 804 
 
 writ of .... .... .... . .... .... 927 
 
 Local venue .... 881 
 
 Mandamus, writ of ..,. . 935 
 
 Merger by operation of law .... .... 805 
 
 New assignments ... .... . .... .... 862 
 
 Office of Equity Judge 800 
 
 Pleading, rules formerly used .... .... .... . 849 
 
 Prohibition to restrain proceedings at law. .... .... 804 
 
 Rules nisi in certain cases ... .... .... ... .... 932 
 
 motions for new trials .... .... .... 898 
 
 Showing cause in certain cases .... .... .... .... . 932 
 
 Subpoena for costs .... . .... .... .... .... 912 
 
 Terms as divisions of legal year, but not as limits of time .... .... 806 
 
 Writ of injunction .... .... .... .... 927 
 
 mandamus . .... .... .... 935 
 
 Absent ok Absconding Debtors. 
 
 Affidavit on suing out attachment, what to. state. .. .... .... 919 
 
 sammoning agent, what to state .... .... .... .... 921 
 
 by party objecting to attachment, what to state. .. 920 
 
 Agent ; affidavit necessary before issue of summons against .... 921 
 
 appearaace and declaration to be filed and senred by .... 921 
 
 by agent or trustee, when to. be madft 921-922 
 
 defendant within six months .... .... 920 
 
 of, for personal examination when required. .... 921 
 
 entitled to commission, costs and fees, in certain cases 921-922 
 
 examination of, before whom and when .... .... .... 921 
 
 execution, agaiast grao.ted by Court or JTiidge 921 
 
GENERAL INDEX. 
 
 1431 
 
 SUPREME COURT AND PROCEDURE THEREIN— Continued. 
 
 Absent or Absconding Debtoes.— Coniinwrf. 
 
 Agent ; goods and credits in hands of, and ehoses in action 
 service of process on .... ... ... 
 
 may put in special bail . . .... .... .... 
 
 not appearing, may be proceeded against for contempt 
 Amount of levj 
 
 Appearance, by agent or trustee, when to be made, &c. 
 in default of, after six months, procedure 
 Appraisement of goods . . .... .... .... .... 
 
 Attachment .... .... .... .... . . , , 
 
 application to set aside .... .... .... 
 
 court may direct trial, &c 
 
 Bail, special, to relieve property . .... .... .... 
 
 Costs, amount for which sheriff to levy under attachment 
 
 court or judge may direct security to be given for . . . 
 
 of agent and just allowance to be allowed 
 
 when agent liable for .... 
 
 Execution, plaintiff to give security before issue of, &c. , 
 
 when agent entitled to sue out against plaintiff. . 
 
 Forms .... .... .... .... 
 
 Ooods, appraisement to be made when exhibited to sheriff. . 
 in agent's hands, when bound by service of process 
 perishable, in discretion of judge, when may be sold 
 
 Judgment -may be postponed in certain cases. . 
 
 Proceedings in prior suit to have no effect ... 
 
 Eehearing, defendant entitled to within three years .... 
 
 Trial, new, may be ordered by judge, if dissatisfied 
 
 none without attachment or agent's admission .... 
 
 question of fact arising on inquiry .... 
 
 See Foreign Companies .... 
 
 Account (Actmn poe). 
 
 Affidavit in support of sumnaons .... . . 
 
 Application for an account .... .... .... .... 
 
 Indorsement of writ with claim for ... .... .... 
 
 Judgment for, when to be brought into chamber! . . 
 
 Order for account ; Form, Appendix L, No. 22 
 
 Summons In order for account. ... .... .... - ■ . . 
 
 Stated, how pleaded .... . ; . . 
 
 Accounts. 
 
 Allowances to be made . . .... 
 
 Creditors, advertisemeat for . 
 
 Computation of interest generally 
 
 Forms of account (Appendix L. ) 
 
 Form of judgment for (Form No. 24, Appendix L.). 
 
 How taken and evidence of . . 
 
 Interest in cases of legacies 
 
 generally . . .... • ■ . • • • • - 
 
 where debt does not bear interest 
 
 Judgment and inquiries in case of personal estate 
 
 Order, including new matters 
 
 Proceedings if delayed .... 
 
 at chambers 
 
 Service of notice of judgment or order 
 
 Summons to proceed .... 
 
 Surcharging .... . . . • • • ■ ■ 
 
 Time for bringing in .... .... 
 
 Verification by affidavit and form 
 
 &e Issues, Inquiries and Accounts 
 
 PAGE 
 bound by 
 
 .... 921 
 
 922 
 .... 922 
 
 919 
 .... 921 
 
 920 
 
 919 
 .... 919 
 
 920 
 .... 920 
 
 922 
 .... 919 
 
 920 
 ,.921, 922 
 
 922 
 
 .... 921 
 
 921-922 
 
 922, 1072 
 
 919 
 ; . . . 921 
 
 920 
 . .920-921 
 .... 920 
 
 922 
 . .920-921 
 
 922 
 
 .... 920 
 
 923-924 
 
 8.35 
 835 
 822 
 944 
 1132 
 835 
 855 
 
 878, 
 
 878 
 . .946-949 
 
 949 
 1120-1124 
 878, 1132 
 ..877-878 
 
 949 
 .... 919 
 
 949 
 .... 878 
 
 877 
 .... 878 
 
 945 
 . .841-842 
 
 944 
 .... 878 
 .... 944 
 878, 1117 
 ,.877-879 
 
1432 
 
 GENERAL INDEX. 
 
 SUPREME CaURT AND PROCEDURE THEREIN-Continued. 
 
 Accounts (Actions Involving.) 
 
 Compulsory reference to referee and from . .... .... 
 
 Keference under statutory proceedings relating to arbitration. . 
 of damages, matter of account. . .... . ■ . ■ 
 
 Trial of without jury .... .... .... .... . . . 
 
 Accountant of the Supheme Court. 
 
 Duties of in respect of moneys paid into and out of Court. . . 
 Action. 
 
 Abatement of .... .... 
 
 Admiuinistration. See Parties. . . 
 
 Declaratory .... .... 
 
 Default .... 
 
 Definition of .... .... 
 
 Discontinuance.. .... .... 
 
 For what proceedings substituted 
 
 Form and commencement of .... 
 
 Joinder -of causes of action . , . 
 
 Of mandamus. . .... .... 
 
 Stay of ... . .... .... 
 
 To perpetuate testimony .... 
 
 Action for Land. 
 
 Appearance to .... .... 
 
 by landlord . . . ^ . 
 
 person not named in writ 
 limiting defence .... 
 
 form .... 
 
 Execution in . . . 
 
 when it may issue .... 
 
 Joining claims in .... .... 
 
 Judgment by default of appearance . . 
 
 for default of pleading. 
 Service of writ in vacant possession . . 
 Specially indorsed writ in certain landlord and tenant 
 Summary judgment where writ specially indorsed 
 Title need not be pleaded in certain cases . ... 
 
 Writ of possession ; form .... .... .... 
 
 Additional Rules. 
 
 Made on 10th December, A. D. 1884 
 
 Provision as to making .... .... .... 
 
 Address for .Service. 
 
 Indorsement on writ, form .... .... ... 
 
 Of plaintiff suing in person . . .... 
 
 Of solicitor .... .... .... .... ... 
 
 On appearance of defendant or his solicitor . . . 
 Where no writ issued ... .... .... ... 
 
 Adjournment. 
 
 From chambers to court .... .... .... 
 
 For further consideration .... .... ... 
 
 In administrations . . .... .... ... 
 
 Of hearing of motion or application .... 
 
 reference .... .... .... .... 
 
 trial .... .... .... .... ... 
 
 See Trial. 
 
 Administration. 
 
 Advertisements for creditors and claimants. . .. 
 Appearance by person not a party .... 
 
 8U, 
 
 1094 
 
 
 883 
 
 "887 
 
 -888 
 
 
 882 
 
 113.3- 
 
 1134 
 
 
 845 
 
 
 840 
 
 
 863 
 
 -.834 
 
 835 
 
 
 819 
 
 
 864 
 
 
 820 
 
 
 820 
 
 ' 847 
 
 848 
 
 ..935 
 
 -937 
 
 
 804 
 
 
 893 
 
 
 833 
 
 
 831 
 
 
 830 
 
 
 831 
 
 
 
 831 
 
 
 904 
 
 
 906 
 
 "847 
 
 -848 
 
 
 833 
 
 
 866 
 
 
 827 
 
 
 822 
 
 
 834 
 
 
 858 
 
 .924, 
 
 1071 
 
 
 978 
 
 
 815 
 
 823 
 
 980 
 
 
 823 
 
 
 823 
 
 
 830 
 
 
 823 
 
 
 938 
 
 
 886 
 
 ..947 
 
 948 
 
 933 
 
 884 
 
 .946-949 
 
 842-843 
 
GENEEAL INDEX. 
 
 1433 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continued. 
 
 Administration. —Continued. 
 
 Applications for administrations 
 
 Appointment of person to represent estate 
 Conduct of proceedings .... .... 
 
 Control of trustees .... .... 
 
 Determination of specific questions without administration 
 
 Evidence on summons without action 
 
 Forms of statement of claim . . .... .... 
 
 Forms of defence .... .... .... 
 
 Judgment on summons without action 
 
 Liberty to attend without order . . .... 
 
 May apply to court for directions or to judge .. 
 No administration unless necessary .... 
 
 Persons to be served with originating summons 
 
 Proceedings in chancery chambers in insolvent estates and intestacy 
 Sale in, conduct of . , .... .... .... .... .... 
 
 Service on certain parties dispensed with . .... 
 
 Special directions as to judgment in chancery chambers .... 
 
 Summons and order for administration in chancery chambers 
 
 See 
 
 . . 940-941 
 
 843 
 ..841-842 
 
 942 
 . . . . 940 
 
 941 
 1010-1011 
 1036-1037 
 . . . . 941. 
 
 842 
 . . . . 942 
 
 942 
 
 . . . . 941 
 
 939-940 
 
 .... ^27 
 
 840-843 
 
 . . . . 942 
 
 940-941 
 
 also Executor, 
 Chambers. 
 
 Accounts, Originating Summons, Parties, Trusts, 
 
 Administrator. 
 
 Actions by or against 
 
 Affidavits of claims .... .... .... .... 
 
 Denial of representative capacity .... .... ... 
 
 Joining claims by or against .... .... .... 
 
 Admissions. 
 
 By pleading or in writing .... 
 
 not specifically denying in pleading .... 
 
 Costs when notice comprises documents unnecessary . . . 
 
 Evidence of admission of documents 
 
 facts . .... ... 
 
 notice to produce documents 
 Form of notice to admit documents ... .... ... 
 
 facts .... 
 
 produce documents 
 
 Forms 
 
 Judgment on admissions .... . .... ... 
 
 Notice to admit facts ... 
 
 documents . . .... .... ... 
 
 prodiice documents .... .... .... 
 
 Opponent's statements 
 
 Advertisement. 
 
 Substitutes service by . . . 
 
 Advertisements for Creditors and Claimants 
 
 1002 
 
 Adjournment for directions .... 
 
 Affidavits in certain cases to be made by administrators or executors may 
 
 be postponed 
 
 Allowed claims, list of . . .... 
 
 Claim coming in late 
 
 Costs to creditors .... .... .... • • • • 
 
 Creditor need not make affidavit .... ^ ... 
 
 attend except to produce security 
 Executor or administrator to examine claims . . 
 
 Forms. (Appendix L,) .... .... 
 
 Judge, authority of ... . 
 
 Notice, how given . . .... .... ■ • . • • • • 
 
 to creditors of result .... 
 
 Penalty on creditors for non-compliance .... 
 
 1003, 1004, 
 
 837 
 947 
 856 
 
 876 
 851 
 877 
 877 
 877 
 877 
 876 
 876 
 877 
 1005 
 877 
 876 
 876 
 877 
 876 
 
 ..826, 944-945 
 ..946-949 
 
 948 
 
 ..947-948 
 
 949 
 
 .... 948 
 
 948-949 
 
 .... 947 
 
 947 
 .... 947 
 1111-1115 
 
 948 
 .... 949 
 
 948 
 .... 947 
 
1434 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN Continued. 
 
 Advektisements por Creditors and Claimants. — Continued. page 
 
 Peremptory advertisement "I" 
 
 how prepared .... .... • • • ■ — • "*" 
 
 Persons not attending on advertisement excluded . . _ 946 
 
 To produce security and deeds and documents on notice 947 
 
 What to contain 946-947 
 
 AlTIDAVITS AND DEPOSITIONS. 
 
 Admissibility of at trial to prove particular facts 888 
 
 Alterations and interlineations in 895 
 
 Answer to interrogatories ... ■ ■ • . • • • • • ■ • • 871 
 
 Form of, Appendix B., No. 7 1000 
 
 Applications for money in court .... .... — • • • • • • • ■ ■ 934 
 
 Argumentative matter in 894 
 
 Attachment of debts, form of 912 
 
 , Authority to administer oaths ... .... , • - • • • — • ■ ■ • 891 
 
 Before whom to be sworn .... .... .... .... ■ — • • ■ • 894 
 
 By receiver, verifying account ... .... .... ■ • • • • • • • 929 
 
 Form of. No. 20, Appendix L 1130 
 
 Certified copies admissible .... .... .... ■ ■ • • • • • • 889 
 
 Certified copy may be used . . .... ■ ■ ■ • 896 
 
 Corporation aggregate, required to produce documents, who may make 
 
 affidavit : 875 
 
 Commissioner's duty to express time and place of taking 894 
 
 Compelling attendance . . .... . .... .... • ■ • • 898 
 
 Cross-examination on .... .... .... ■ • • • • • • • 894 
 
 of deponents . . .... 897 
 
 Depositions, how taken and signed ... .... .... • . • ■ • • ■ ■ 890 
 
 return and filing of . . 891 
 
 Description of deponent .... .... .... .... .... • • • • 895 
 
 Defects in title or jurat, &c. , not fatal .... .... .... .... 896 
 
 Defendant to serve list of affidavits ... 897 
 
 Discovery of documents . . .... .... .... • - • . 872 
 
 Form of. No. 8, Appendix B 1000 
 
 Exhibit, alterations in . . .... 89/ 
 
 not to be annexed . . .... .... .... .... • ■ ■ • 897 
 
 title of certificate on ... . .... .... .... .... 897 
 
 Ex parte order .... • ■ • . 896 
 
 Filed too late 896 
 
 Garnishee order, for .... 912 
 
 Hearsay .... .... 894 
 
 How sworn .... .... .... .... .... .... .... 894 
 
 abroad .... .... .... .... .... .... 894 
 
 intituled . . . . ' 894 
 
 Illiterate deponents .... .... .... .... .... .... 895 
 
 In reply 896,897 
 
 Interlineation, and alterations. ... .... 895 
 
 Interpleader .... .... .... .... .... , .... 950 
 
 Form of Appendix B, No. 24 1009 
 
 Intituling . . .... .... 894 
 
 Irregularity in . .... .... .... 976-977 
 
 Jurat where several deponents .... .... .... .... .... 895 
 
 Leave to serve out of jurisdiction .... .... .... .... 828 
 
 May not be sworn before certain persons .... 896 
 
 May be re-used . . .... .... .... .... 898 
 
 Mode of drawing. . . , .... .... .... 895 
 
 Must be filed 895 
 
 Notice of intention to use affidavit .... .... , . . . . , 892, 898 
 
 cross-examination of deponent . . ... .... .... 897 
 
 trial after affidavits closed, &c .... .... .... 898 
 
 Notices, how to be received in evidence ... .... .... 974 
 
 On application for account ... .... .... .... . . .... 835 
 
 motions generally ... , , , 933 
 
GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continued 
 
 Atpidavits and 'D-EPOsiTiONS.—Contimted. 
 Plaintiff to file and serve list . .... 
 
 Reply 
 
 Scandalous matter may be struck out 
 Service .... .... 
 
 what to contain . . .... 
 
 Several deponents . . .... 
 
 Showing cause . . .... . , . . 
 
 Signature of deponent necessary 
 
 Substituted service 
 
 Summons, service of .... .... 
 
 Subpoena, service of ... . .... 
 
 Trial on . . . .... 
 
 Under Order XIV. , r. 1 " " 
 
 Verifying accounts .... 
 
 Form of. Appendix L, No. 10 . 
 
 Verifying admissions .... 
 
 Form of. Appendix B, No. 8, 
 Writ of siimmons, service of . .... 
 
 Written or printed book- wise .... 
 
 See Evidence, and also Discovery and Inspection. 
 
 Affirmation, 
 
 Oath includes . . .... .... .... 
 
 Agent. See Absconding Debtor. .... .... 
 
 Foreign Companies .... 
 
 Service of writ of summons on .... .... 
 
 Ageebment. 
 
 Of issues of fact without pleadings .... 
 
 Amendment .... .... 
 
 Appeal may be amended .... 
 
 Application for leave .... 
 
 By court or judge ... 
 
 By Court of Appeal ^ . . . 
 
 Clerical errors .... .... .... .... 
 
 Costs . . .... 
 
 Date of order .... .... .... . 
 
 Delivery of amended pleadings ... 
 
 Disallowance of ... . .... .... .... 
 
 General power of .... .... .... .... 
 
 Indorsement on writ .... .... .... 
 
 In case of non-compliance with Rules .... .... 
 
 Leave to plead or amend after .... 
 
 Marking amended pleadings .... .... 
 
 Misjoinder and non-joinder. . .... .... 
 
 Non^joinder and misjoinder 
 
 Of parties . .... .... .... 
 
 statement of claim, when new defendant added 
 
 Order for, need not be drawn up .... 
 
 Pleadings , .... .... , — .... 
 
 Powers of court to amend on appeal . . 
 
 Power of judges to amend Rules . .... .... 
 
 Statement of claim . . .... .... 
 
 Time limited for .... .... .... 
 
 With leave by Court or Judge .... .... 
 
 Without leave by plaintiff .... . , . . • . • • • 
 
 Writ and service , . , , , .... .... .... 
 
 See Pleading. 
 
 Answer. ' 
 
 To be direct and full ...... 
 
 1435 
 
 PAGE 
 
 ... 897 
 896, 897 
 
 895 
 ... 832 
 
 975 
 ... 895 
 
 834 
 ... 895 
 
 827 
 ... 978 
 
 893 
 .897, 898 
 
 834 
 
 ... 878 
 
 1117 
 
 ... 877 
 
 1001 
 
 ... 978 
 
 895 
 
 819 
 921 
 923 
 826 
 
 880 
 867-869 
 
 953 
 869 
 869 
 868 
 869 
 868 
 869 
 867 
 976 
 868 
 868 
 837 
 837 
 
 .845-847 
 838 
 934 
 867 
 
 .869, 953 
 815 
 838 
 868 
 867 
 867 
 838. 
 
1436 GENERAL INDEX. 
 
 SUPREME COtJRT AJfD PROCEDURE THEREIX— Continued. 
 
 Answer to iNTBRSooAToaiES. page 
 
 Any one or more need at trial without putting in others 874 
 
 Exceptions to interrogatories not to be taken, but sufficiency to be 
 
 determined by court .... 871 
 
 Formof 871,999-1000 
 
 Further answer ordered either by affidavit or viva voce 872 
 
 If insufficient further answer may be ordered 872 
 
 Judge may order other answers at trial than those used ... 874 
 
 To be by affidavit 871 
 
 filed within ten days "■ ^87 1 
 
 See also Interrogatories .... 8/0-5 
 
 Appeals. 
 
 Annual session of court of appeal at Halifax, and when held 955 
 
 Appeal cases by whom printed ' 956 
 
 Application for new trial, where made 898 
 
 to be by notice of motion ... 898 
 
 " Case," what the term includes. . 957 
 
 Case, by whom printed .... 956 
 
 Causes from same county to be grouped 815 
 
 Costs 953,954 
 
 Court to be always open at Halifax 955 
 
 powers of to amend on 869 
 
 Cross-appeals 953 
 
 notice of 954 
 
 time of from final judgment and interlocutory order 954 
 
 Entry of 9.54 
 
 formof 1064 
 
 Entries of causes for arguments 956 
 
 form of entry for argument generally.. 1064 
 
 Entering cause, consequence of not doing so 956 
 
 Evidence, how brought up 954 
 
 Ex parte applications .... 954 
 
 From judge at chambers 938 
 
 Further evidence 953 
 
 Inferences, &o 953 
 
 Interlocutory order, not appealed from, does not bar court 954 
 
 Interpleader 951 
 
 Interest to be allowed where execution stayed 955 
 
 Judgment, where judgment wrongly entered on findings .... 900 
 
 Limitation of Kiiles 1, 2, 3, 4, 5, 6, 9, 10, 11 and 13, of Order LYII., 955 
 
 Minutes of trial when unnecessary to file 957 
 
 New trial may be ordered . 953 
 
 Notice, on whom to be served .... 952 
 
 copy of to be left with prothonotary at Halifax 954 
 
 may be amended at any time 953 
 
 to be served within ten days .... 953 
 
 when given . 953 
 
 Fart of judgment or order may be appealed from .... , 952 
 
 Powers of court as to further evidence, inferences, &c 953 
 
 Prerogative mandamus .... 936 
 
 Printing of 956-957 
 
 Rules for the hearing of appeals to be made by court. 815 
 
 Referee, appeal from 955 
 
 Security or deposit to be made or given . 954 
 
 Stay of proceedings . ...... .... 899, 954 
 
 Subjects of appeal 953 
 
 Substantial wrong . . 898 
 
 Substitution of judge 955 
 
 Time for appeal .... 953 
 
 in ex parte applications « 954 
 
 from finding of facts by judge 898 
 
 To be by rehearing and after notice of motion 952 
 
GENERAL INDEX. 1437 
 
 SUPREME COURT AND PROCEDURE THEREIN— Coniinued. 
 
 Appeals. — Continued. page 
 
 When findings wrongly enteijed . . 899 
 
 causes and matters for argument entered 959 
 
 Appeakasce. 
 
 Address for service required 8.S0 
 
 consequence of not giving S30 
 
 After time expired . . S.30 
 
 By landlord in action to recover lands. . 831 
 
 partners 830 
 
 person sued under firm name 830 
 
 not named as defendant in action to recover lands ....830-831 
 
 several (;lef endants ' 830, 832 
 
 third party brought in by notice 843 
 
 • as defendant to counter-claim 857 
 
 claimants in interpleader .... 951 
 
 County for appearance to be named in memorandum on writ 829 
 
 Drfault of. See Default 831 
 
 of solicitor in imtering ' 830 
 
 Defective, no address, not receivable 830 
 
 Defendant appearing in person to give address 830 
 
 one or more of several appearing ... .... 832- 833 
 
 Form of 830,984 
 
 how entered . . 830 
 
 In actions to recover lands 833 
 
 for claim for damages and liquidated demand .... 833 
 
 mesne profits and damages 833 
 
 cases of default not provided for, action to proceed 834 
 
 Limited in action for land . 831 
 
 notice to be given 831 
 
 form of..,. 831, 985 
 
 May be entered any time before judgment 830 
 
 Memorandum of appearance to be entered in Cause Book 830 
 
 form of 830 
 
 on writ, county for appearance to be named on 829 
 
 Notice of, to plaintiff .-.....' 829 
 
 form of 829,985 
 
 how given ... 829 
 
 of motion to set aside proceedings 831 
 
 One person sued in firm name .... 830 
 
 Partners, appearance by . . . _ 830 
 
 Place for appearance to be named in memorandum subscribed on writ .... 829 
 
 Set aside where address illusory or fictitious , 830 
 
 Several defendants in one memo. 830 
 
 Solicitor appearing to give address , 830 
 
 not appearing after undertaking, may be attached.. 830 
 
 Third party, by, 843 
 
 Time for • • • • §30 
 
 when writ served out of jurisdiction 829 
 
 To originating summons . . 
 
 943 
 
 Where entered ■ 829 
 
 Application to Coukt. 
 
 How made ... "32 
 
 Abbitbatok asd Arbitkation". 
 
 Compulsory reference to 883 
 
 Costs on award '. 968 
 
 Form of order of reference 1089 
 
 for examination of witnesses 1091 
 
 and production of documents. 1091 
 
 Judge may refer cause in certain cases 814 
 
1438 OEl^ERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN— Continued. 
 
 Areitratok and Arbitkation. — Continued, tAGE 
 
 Se.tting Aside A warcL 
 
 Abolition of rules nixi .... 932 
 
 Appeal on question of law in compulsory reference ...... ...... 955 
 
 Notice of motion ...... ...... ...... 9tS2 
 
 Argument. 
 
 Annual session for . . ...... ...... ...... ...... 955 
 
 Entering special case for . . ...... ...... 860 
 
 causes and matters for at annual sessions ...... 956 
 
 consequence of not entering ... ...... 956 
 
 Printing evidence and documents for ...... .... 956-'957 
 
 Quorum of judges for 956 
 
 Subsequent session for ..... ...... ...... 956 
 
 Akrest of Defendant before Final Jl-dgment (Capias). ..... ... .914-916 
 
 Application by defendant for relief ...... ...... 915 
 
 Arrest of defendant about to leave the Province ...... ...... 914 
 
 form of order for,. 915,1092 
 
 Bail bond With two sufficient sureties may be giVen by defendant 915 
 
 form of 1092-1093 
 
 to be returned with order ...... 916 
 
 when allowed to render in action upon bail bond 916 
 
 living at distance, how may justify ...... 916 
 
 to sheriff when to justify 916 
 
 Concurrent orders for arrest. . . .'T .... 915 
 
 Costs of arrest 915 
 
 Discharge of defendant if plaintiff does not proceed to trial. . 916 
 
 Execution against defendant returned nou eat inventus 916 
 
 Forms of order for arrest and of bail bond .... . . 1092-1093 
 
 Indigent Debtors' Act, relief under ..... ...... 918 
 
 Judge or commissioner may examine sureties on oath 916 
 
 Misnomer 915-916 
 
 Security by defendant ..... 915 
 
 subject to order of court ...... 915 
 
 Sheriflf's duty , 915 
 
 Arrest of one of several Defendants .... 910 
 
 Arrest of Witness. 
 
 On refusal of to attend on subpcena ...... ...... ...... 888 
 
 Form of warrant for ...... ...... 888, 1070 
 
 Assessment of Damages. 
 
 Need not be pleaded to 856 
 
 On claim for detention of goods and pecuniary daiflages . . 832, 833 
 
 Reference to, order of court where matter of calculation. ... 887* 
 
 To what time damages to be assessed ... 888 
 
 Writ of inquiry as to ...... ...... 887 
 
 Assessors. 
 
 Allowances to accountants, &c. ...... ...... 974 
 
 Court or judge may call in aid of ..... S14 
 
 In Chancery chambers. .... ...... ...... ...... 942 
 
 Judge sitting with . . 882 
 
 Remuneration of ...... . . . i . . 814 
 
 Trials with ' 882,886 
 
 Assignment. 
 
 Debtor may compel interpleader 805 
 
 Of choses in action conveys right to sue 965 
 
 interest pendente lite .... ...... 845 
 
 securities to surety ...... 965-966 
 
GENERAL INDEX. 1439 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continned. 
 
 Attachment of Beets. See Execution. PAOB 
 
 Affidavit in support of order ...... ...... 912 
 
 form of ...... ...... 1008 
 
 Costs to be in discretion of judge ...... ...... ...... 914 
 
 Disputed liability ... ...... 913 
 
 Discharge of garnishee .... ..... ...... 914 
 
 Debt Attachment Book ..,.,. ...... ...... 914 
 
 Effect of garnishee order ..... 913 
 
 Examination of judgment debtor ...... , .... 910'-91 1 
 
 Execution against garnishee ...... 913 
 
 Form of Garnishee Order (attaching debt) .... 1099 
 
 (absolute) 1100 
 
 Issue tried if garnishee disputes liability. ...... 913 
 
 Judgment debtor may be examined ...... 910-91 1 
 
 Payment, effect of . . ...... ...... ...... 914 
 
 Proceedings of third party interested in debt ...... ...... 913 
 
 Order for 912 
 
 forms 1099-1100 
 
 on garnishfee to show cause ...... ... .912'-913 
 
 Record of attachments .... ...... ...... ...... 914 
 
 Service of order .... ...... ...... 913 
 
 Third persons, order for to appear ...... ...... 913 
 
 decision as to, ... . ...... ...... ...... 913 
 
 Attachment of Goods. 
 
 See Absent or Absconding Debtor and Suits against Foreign Companies, 9 19^924 
 
 Directors or officers of corporation, against 
 Discovery may be enforced by . . . . . . . 
 
 Etiect of attachment ...... 
 
 
 
 908 
 
 .,..873-874 
 912 
 
 Form of writ .... 
 
 
 
 1068 
 
 Leave to issue writ ...... 
 
 ...... 
 
 
 912 
 
 Notice of motion for . . . . . 
 
 
 
 
 982 
 
 Rule nisi in application for abolished . . . 
 Referee cannot enforce order by . . . . 
 
 aring 
 
 interrogatories 
 
 or discovery 
 , ,.904 
 
 932 
 
 88H 
 
 Solicitor undertaking to appear, and not appe 
 neglecting to give notice of order for 
 
 830 
 
 874 
 , 908 
 
 Attendance. 
 
 
 
 
 In Chancery chambers ,...,. . , , . . 
 
 
 ....645 
 
 ,946 
 
 Attorneys. 
 
 
 
 
 Definition of . ...... 
 
 ...... . 
 
 
 977 
 
 Audita Querela. 
 
 Abolished, application in lieu of . , ...... ...... ...... 908 
 
 Awards. 
 
 Causes may be referred in certain cases . ...... 814 
 
 referred conducted according to the Act and Rules , ...... 814 
 
 Court or judge to have power over ...... 814 
 
 Costs on 968 
 
 Lieutenant-Govemor-in-Council may appoint referees ....... 817 
 
 Questions may be referred in certain oases .... 813-8 14 
 
 Referees deemed officers of the court .... ...... , 814 
 
 Remuneration of referees and assessors ..,.., ...... ...... 814 
 
 Who shall be official referees ...... ...... 816 
 
 Bail. 
 
 See Arrest of Defendant before final judgment, (capias) .... , , . . 915-916 
 
1440 GENERAL INDEX. 
 
 SUPREME COURT AKD PROCEDURE THEREIN— Continued. 
 
 Bankers' Books. page 
 
 Inspection of, at place of custody 87.3 
 
 Notice to inspect, form of 1001 
 
 Baxkuuptcy. 
 
 Party to action becoming bankrupt, no abatement. ... 845 
 
 Trustee in bankruptcy, joinder of claims by . . . SiS 
 
 form of claim ... i 996 
 
 Bill Peg Confesso 834 
 
 Bills of Exchange. 
 
 Defence in actions on 855 
 
 Indemnity for loss of to satisfaction of court or judge 853 
 
 Joinder of parties in actions on 836 
 
 Loss of, when not to be set up as defence 833 
 
 Special indorsement in actions on 82- 
 
 formof ..1019,1020 
 
 Books. 
 
 Attachment-Book . . ...... 91 4 • 
 
 Books of account may be prima facie evidence 877-878 
 
 Bankers' books, inspection of ... . 873 
 
 Cause-Book 823 
 
 Inspection of books of account 873 
 
 See Oflicers and their Documents. , 961 
 
 Business, 
 
 Applications and proceedings at chambers 937-939 
 
 Chancery or et^uity chambers .... 939-930 
 
 Distribution of, and sittings 806-807 
 
 Of the prothonotary's office 961-963 
 
 Capias. 
 
 See Arrest of Defendant before Final Judgment 914 
 
 Case. 
 
 Stated by referee ... .... 886-887 
 
 See Special Case ". 879-880 
 
 "Cai'SE." 
 
 Definition of 818 
 
 Causes. 
 
 Distribution of gO" 
 
 Jury causes tried first 9.58 
 
 List of jury and non-jury ma'de up 813 
 
 Prothonotary at Halifax to group causes from same counties 815 
 
 Ten causes, not more, to be called in one court room. 958 
 
 Cause-Book. 
 
 Abated cause to be struck out of . 847 
 
 Entry of actions in ...... " " 823-824 
 
 dates in . . . 
 
 Cause of Action. 
 
 Amendment of indorsement as to .. ' 
 
 Arising o.ut of the jurisdiction 828 
 
 In actions for land, when may be joined ' " " 847-8 
 
 Joinder of causes of action . . . _ 847-848 
 
 Survival of, change or addition of parties on ' 845-847 
 
 failure of party entitled to proceed upon 847 
 
 961 
 
 867 
 
 Certiorari. . 
 
 Allowance of, by commissioners 
 Commissioners, who may allow . . 
 
 963 
 963 
 
GENERAL INDEX. 1441 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continued. 
 
 CeRTIORABT. — Continued. PAGE 
 
 Form of writ to county court ...... 1075 
 
 JTorm of (general) ... . .' 1076 
 
 Cestui Que Trust. 
 
 Judgment for or against, in administration 841 
 
 Right of, against trustees not barred by statute of limitations 805 
 
 Chambers. 
 
 Adjournment for further consideration . . 9.38 
 
 into court 938 
 
 from court to chambers ... 938 
 
 Affidavits and evidence in .... 896-897 
 
 Appeal from j udge at chambers 938 
 
 Applications at, to be by notice or summons ... 937 
 
 for payment and transfer of funds ' 937 
 
 Attendance of counsel at 97 1 
 
 Costs . . 938 
 
 of neglect to attend. . . 971 
 
 Ex parte applications 937 
 
 Form of summons other than originating summons. . . 938, 1080 
 
 order ...939,1081 
 
 summons for directions pursuant to Order XXIX 869, 1081 
 
 order for directions pursuant to Order XXIX . ..870, 1081 
 
 Further consideration 949 
 
 List of summonses . . 938 
 
 Matters not disposed of . . . 938 
 
 Matter, more than one, included. . 938 
 
 not to be re-opened 937-938 
 
 Orders, drawing up of dispensed with in certain cases 934 
 
 Order of business 938 
 
 Persons summoned failing to attend 937 
 
 Ee-consideration where judge has proceeded ex ^arte 937 
 
 Service of originating summons ... 937 
 
 See Service of Orders, &c 974, 975 
 
 Summons in certain cases 937 
 
 alteration of . . . 937 
 
 originating 937 
 
 failure to attend on 937 
 
 forms.... ..1080-1081 
 
 for directions in , 869-870 
 
 summary judgment 834 
 
 how issued .... 938 
 
 hearing of 938-9.39 
 
 Time for serving of originating summons 937 
 
 other summonses 937 
 
 Time for appeal 953 
 
 Chambers in relation to Chancery (or Equity) Matters. 
 
 Administrations and trusts 940-942 
 
 applications for 940-941 
 
 none unless necessary , 942 
 
 Advertisements for creditors and claimants , 946-949 
 
 for necessary parties .... 044-945 
 
 Advertisement, form and contents of, (Appendix L, 2 and 3) 946, 1111 
 
 preparation and insertion of . . . 946 
 
 Affidavit need not be made by creditor on proof of claim unless notified 947 
 
 Appearance to originating summons 943 
 
 Applications for administration 940-941 
 
 Attendance of parties, &c., directions as to... 945 
 
 Business at . . . "39 
 
 92 
 
1442 
 
 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN-Contlnued. 
 
 Chambers in relation to Chancery (or Equity) Matters. — > 
 Claims, examination and verification of lists of 
 
 forms. (No. 5 and 6, Appendix L.) 
 
 Claims, adjournment of hearing 
 
 allowance or disallowance of 
 
 allowed, list of made and filed . . 
 
 notice of those allowed and disputed . . 
 
 form of notice. (Nos. 7 and 8 Appendix 
 
 Costs in 
 
 Deed, settling of ' 
 
 Delay, consequence of 
 
 Directions for proceedings 
 
 advertisement for necessary parties. .. , 
 
 to serve others 
 
 Distribution of assets ... .... .... .... 
 
 Documents, discovery and production of .... .... 
 
 Entry of summons . . .... .... .... .... 
 
 Evidence on application . .... .... .... 
 
 Exclusion of persons not claiming within time specified 
 Expert, assistance of . . . . .... .... .... 
 
 Form of order on summons to proceed .... .... 
 
 Forms for equity business. Appendix L, Nos. 10-20 
 Further consideration .... .... .... .... 
 
 form of summons for 
 Further notices .... .... .... .... .... 
 
 Generally what matters disposed of .... .... 
 
 Guardian ad litem . . . .... .... .... 
 
 Guaidianship of infants . .... .... .... 
 
 Infant's application for guardianship. . .... .... 
 
 Interest, rate of on legacies, and where debt does not bear 
 
 Judgment . . .... , .... .... .... 
 
 time for bringing in directing accounts ... 
 List of matters to be taken in .... .... .... 
 
 Management and sale of property .... .... 
 
 Nature of business to be taken in ... . .... .... 
 
 Notice of judgment, service of dispensed with .... 
 
 Notices, service of by post ... .... .... .... 
 
 Order, how drawn up . . . .... .... .... 
 
 Originating summonses in administrations and trusts . . . 
 Originating summons, how prepared and issued .... 
 
 form of. (No. 21, Appendix L. 
 renewal of .... .... 
 
 , Payment or transfer of money .... .... .... 
 
 Peremptory advertisements .... .... .... 
 
 Power of executor not prejudiced by application .... 
 
 Proceedings on summons to proceed .... .... 
 
 Proceedings relating to infants .... .... 
 
 Proceedings relating to creditors and claimants .... 
 
 Proof of claim, when required .... .... 
 
 Kepresentation of party by distinct solicitor .... 
 
 Securities, production of on notice. ... .... 
 
 Summons-book . .... .... .... .... 
 
 Summons to proceed .... .... .... 
 
 Service of originating summons . . .... .... 
 
 Settlement of deed, procedure on ... . .... 
 
 Solicitor, attendance of distinct . . .... 
 
 Special directions ... .... .... .... 
 
 Summons requiring attendance of witness — forms . . 
 Summonses to proceed .... .... 
 
 Time to plead . . .... 
 
 Trustees may apply for special directions 
 
 Co 
 
 ntinUed. page! 
 
 947 
 
 1112, 1114 
 
 
 . . - . , 948 
 
 
 948 
 
 
 949 
 
 
 948 
 
 
 1114, 1115 
 
 
 942, 946, 947, 948 
 
 
 944 
 
 
 944 
 
 
 944 
 
 
 941 
 
 
 941 
 
 
 939 
 
 
 940 
 
 
 945 
 
 
 941 
 
 
 946,948 
 
 
 942-3 
 
 
 946 
 
 
 950, 1117, sqq. 
 
 
 949 
 
 
 950 
 
 
 944 
 
 
 940 
 
 
 943 
 
 
 939 
 
 
 943 
 
 
 949 
 
 
 941 
 
 
 944 
 
 
 939-940 
 
 
 939 
 
 
 939 
 
 
 944 
 
 
 949 
 
 
 946 
 
 
 940-941 
 
 
 943 
 
 
 1131 
 
 
 943 
 
 
 939 
 
 
 946 
 
 
 942 
 
 
 944-5 
 
 
 943 
 
 
 946-8 
 
 
 947 
 
 
 946 
 
 
 947 
 
 
 945 
 
 
 944-5 
 
 
 .... 937, 943 
 
 
 ... .... 944 
 
 
 945-6 
 
 
 942 
 
 
 1110 
 
 
 944-5 
 
 
 940 
 
 
 942 
 
GENERAL INDEX. 1443 
 
 ■SIIPRllME COtTRf AND PROCEDURE THEREIN— Continned. page 
 
 Change of Parties by Death, Devolution, Assignment, &o 845-847 
 
 Abatement. .... .... .... .... .... 845 
 
 Abated cause, striking out .... .... .... .... 847 
 
 Adding parties after final judgmeat . .- .... .... .... .... 907 
 
 Certificate of abatement . .... .... . .... .... 847 
 
 Continuance by or against parties .... .... ... .... .... 846 
 
 Defendant compelling plaintiff to proceed . .... .... .... 847 
 
 Effect of death, marriage ©r bankruptcy pendente lite ... .... .... 845 
 
 Effect -of assignment or devolution pendente lite .... .... .... 846 
 
 JEx parte application to add parties ... .... .... .... .... 846 
 
 No abatement . . .... .... .... .... .... .... 845 
 
 Order to be served on interested parties called on .... .... 846 
 
 Order on appointment of guardian -rul litem . . , . .... 846-847 
 
 Parties becoming interested to have notice . , 845-846 
 
 Persons under disability, application by . ., .... .... 846-847 
 
 Power to add parties . . , . .... .... . . 845-846 
 
 Successor in title or estate to be new party .... 846 
 
 Service and effect of order calling on parties interested . .... .... 846 
 
 Varying -order . . .... .... 846 
 
 Cheque. 
 
 Writ may be specially endorsed in action on . ., .... .... 822 
 
 ■Chief Justice. 
 
 To have precedence among the judges .... .... 800 
 
 Vacancy or absence provided for .... .... 978 
 
 'Choses in Action. 
 
 Assignment of . . .... .... .... 965 
 
 conveys -right to sue .... .... .... .... .... 965 
 
 Disp-ated by assignor or person claiming und-er him .... .... 805 
 
 Christmas Day. 
 
 Not counted in limited time . ... .... .... .... 964 
 
 Circuits and Sittings. 
 
 Duration of circuit terms or sittings .... ...^ 810,812 
 
 -Extra or summer terms .... .... .... .... . . ^ . • ■ ■ • 812 
 
 duration of .... .... 812-813 
 
 Five circuits in' Province .... .... .... 809-810 
 
 Halifax sittings ..•■ 957-958 
 
 Lists of jury and non-jury causes to be made up .... .... .... 813 
 
 Time for sittings of Supreme Court in counties of province. . .... 810-812 
 
 at Halifax .... 957-958 
 
 for extra or summer terms in counties ... .... 812-813 
 
 Where no summer term to be held " ' ' ' .... .... 813 
 
 Claim. 
 
 Claim of relief over . 
 
 Counter-claim . . .... 
 
 Indorsement of claim .... 
 
 forms of ... . 
 
 Joinder of causes of action . . 
 
 parties .... 
 
 Precise statement of, not essential 
 Special indorsement of, -when may 
 form of. 
 
 •Statement of .. . .... 
 
 To be indorsed on writ 
 
 .... 843 
 
 855 
 
 ..821-822 
 
 821, 988-997 
 
 ..847-848 
 
 . . . 836-838 
 
 .... 821 
 
 be made .... 822 
 
 1018-1022 
 
 854-855 
 
 821 
 
 Where action is in a representative capacity .... . . . '. 822 
 
 form of.... .... ..996-997 
 
1444 
 
 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN-Contlnned. 
 
 Claim. — Continuul. 
 
 See Defence and Counter-claim ... 
 
 Parties. .... .... .... .... .... ... 
 
 Statement of claim . . 
 
 Third Party Procedure.. .... .... .... .... 
 
 Writ of Summons, &c .... .... 
 
 Clerical Ekkoks. 
 
 In judgment or order, amendment of. .... .... . . . , 
 
 On motion or summons, amended without appeal . . .... 
 
 Clerks of Ceown^. 
 
 Prothonotaries to continue to perform duties of .... . . . . 
 
 Close of Pleadings. 
 
 Efifect of non-delivery of a reply . . 
 
 on time for notice of trial ... .... .... . . . . 
 
 On simple joinder of issue .... .... .... .... 
 
 Rules as to. .... .... .... .... .... . . . . 
 
 CO-DEFENDAKT. 
 
 Contribution or indemnity from, rules as to . .... 
 
 Co-heir. 
 
 Party to administration proceedings . . .... . . . . 
 
 Commissioners. 
 
 Affidavits sworn before . . .... .... .... .... 
 
 Allowance of certiorari by . . . .... .... .... . . . . 
 
 Authority to administer oaths ... .... .... .... 
 
 examine witnesses aged, infirm, &c . . . . 
 
 Duty on taking affidavits to state time and place of swearing 
 
 Title of certificate on exhibits .... .... . . . . . 
 
 See Affidavits and Depositions, &c . . .' . 
 
 Commissions to examine Witnesses. 
 
 Application for, on summons for directions .... .... . . . . 
 
 Commissioner's oath .... .... .... .... . 
 
 form of . . .... .... .... . . . . 
 
 Form of commission .... 
 
 Forms of order for . . .... .... .... .... 
 
 Power to order. .... .... . .... .... 
 
 Committee of Lunatic. 
 
 Action may be defended by . . 
 
 Common Law. 
 
 All legal rights to be recognized . . .... . .... 
 
 Equity to prevail in case of conflict . . 
 
 General provisions as to administration of law and equity . . 
 Ptules of law upon certain points .... .... .... 
 
 Company or Corporation. 
 
 Discovery in aid of execution against .... 
 
 Enforcement of judgment or order against. ... 
 Execution against shareholders . . .... .... 
 
 Foreign, suits agamst .... 
 
 Interrogatories to .... .... .... . 
 
 Service of writ upon .... 
 
 Suits, against foreign ... .... .... .... 
 
 Concurrent Writs or orders. 
 
 Issue of ... . .... .... .... 
 
 Of capias 
 
 page- 
 
 855-858 
 .836-845 
 
 854-855 
 .843-845 
 
 821-822 
 
 869 
 869 
 
 962 
 
 867 
 883 
 862 
 862 
 
 845 
 
 841 
 
 894 
 . . . 963 
 
 963 
 . . . 963 
 
 894 
 . . . 897 
 894-898 
 
 869 
 
 891 
 
 1079 
 
 ....1077-1079 
 
 .889, 1096-1098 
 889 
 
 839 
 
 804 
 . . . 806 
 802-805 
 .805-806 
 
 910-91 1 
 
 . . . 908 
 
 907 
 
 .923-924 
 
 871 
 
 827 
 
 923-924 
 
 824 
 915 
 
GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continued 
 
 Concurrent Wkits or Orvers.— Continued. 
 Renewal ... .... 
 
 To be issued within twelve months 
 
 Within and without jurisdiction . . 
 
 Conditions Precedent. ' 
 
 Averment of, implied in pleading 
 
 Conduct of Action. 
 
 By parties to administration suits 
 
 not directed to attend. .... 
 Who entitled to ... . ' _ _ 
 
 Conferences. 
 
 Fees for, when not allowed 
 
 Confession of Defence. 
 
 Form of judgment for plaintifif's costs, after 
 
 How pleaded . . .... 
 
 form of pleading 
 
 Consent. 
 
 Enlarging time by . . .... 
 
 For infant, by next friend or guardian 
 
 Issues of fact stated by .... .... 
 
 Of person to be added as plaintiff 
 
 To trial by affidavit. .... 
 
 Consideration. 
 
 H ow pleaded ... .... .... .... 
 
 See Further Consideration. 
 
 Contempt of Court. 
 
 Disobedience to order for attendance of witness is 
 
 Referee may not commit for .... .... 
 
 Continuance. 
 
 Absence of material witness . . , .... .... 
 
 What affidavit must state .... . .... .... 
 
 Contract. 
 
 Defendant abroad, if breach within the jurisdiction .... 
 
 Joinders of parties in actions on. . .... 
 
 Contribution. 
 
 Notice to person liable to contribute to or indemnify defendant. . 
 
 Copies. 
 
 Certified copies admissible in evidence to the same extent as originals 
 Taking copies on inspection . . .... 
 
 Corporations. 
 
 ' Aggregate required to produce documents . .... 
 
 Who may make affidavit .... .... .... 
 
 See Company. 
 
 Costs. 
 
 A-dvice of counsel .... .... 
 
 Affidavits, allowance for travel .... .... .... .... 
 
 allowance for includes attendance 
 
 Allowance for work, labor and expenses .... .... .... 
 
 Amendment occasioned by unnecessary ... .... .... 
 
 costs occasioned by ... . .... .... 
 
 Appeal court may make such order as may be just . .... .... 
 
 1445 
 
 page 
 825 
 824 
 824 
 
 851 
 
 843 
 946 
 841 
 
 974 
 
 1056 
 863 
 999 
 
 . 964 
 839 
 
 30-881 
 837 
 
 853 
 
 .. 885 
 885 
 
 828-829 
 
 .. 843 
 
 .. 872 
 
 875 
 875 
 
 971 
 978 
 970 
 970 
 973 
 973 
 953 
 
1U6 
 
 GENERAL INDEX. 
 
 SUPREME COERT AMD PROCEDURE THEREIN— Continued. 
 
 Costs. — Continued. 
 
 Attendance of counsel at judge's chambers . .... 
 
 Bills of to be examined by prothonotary . . 
 
 Bond for security for costs ... .... . 
 
 Cause removed from inferior court .... .... 
 
 Causes matrimonial. .... . .... 
 
 Chambers, neglect to attend at 
 
 Copies of pleading or other documents allowed for . 
 
 Correspondence .... .... .... .... 
 
 Conferences .... 
 
 Criminal proceedings 
 
 Counter-claim . . .... .... 
 
 Cross-appeal, special order for 
 
 Deduction for improper or unnecessary costs 
 
 Defendants as between .... 
 
 Defendant may have plaintifTs endorsed costs taxed 
 
 Disallowance of as between solicitor and client if improperly incrarred 
 
 Discretionary . . 
 
 Divorce proceedings .... 
 
 Enforcement of orders for .... .... .... 
 
 Estate, costs out of by executor, administrator, &c, 
 
 Evidence .... .... .... .... .... 
 
 Event, costs to follow in trial by jury 
 
 Experts 
 
 Folio, figure counted as one word .... .... 
 
 General rule as to costs in court of appeal . .... 
 power to allow .... 
 
 Improper appearance ... 
 
 Improper and unnecessary costs 
 
 Improperly incurred 
 
 In jury cases .... .... 
 
 Interpleader ... 
 
 Inspection . .... .... 
 
 Instructions and briefs 
 
 Interlocutory execution for . . 
 
 Interest on ... . .... 
 
 Judgments for, forms of 
 
 Lien for, not to affect set-off. 
 
 Limited in certain cases . ' . . 
 
 Matrimonial causes . 
 
 May be sued for .... 
 
 Notice of taxation not necessary where no. appearance . . 
 
 Of creditor in chancery chambers .... .... 
 
 extending time ... .... . 
 
 improper forms 
 
 prolixity in pleading .... 
 
 solicitor as guardian ad litem . . 
 
 third parties .... 
 
 On award .... 
 
 causes removed from inferior court 
 
 several issues .... .... .... 
 
 One day's notice of taxation in Halifax 
 
 One solicitor for both parties .... 
 
 Penalty for taking excessive fees 
 
 Perusal*. .... .... .... 
 
 Petition,, amojjmt tendered for perusals 
 
 Power of judges toi regulate by rules 
 
 Prothonotary, when may tax and enter judgment 
 
 to examine bills of costs .... 
 
 Retaining fee to counsel, none as between party and party 
 
 Security for costs 
 
 amount of . . .... .... 
 
 bond for ...,.,. '" ... 
 
 PAGE 
 
 971 
 969- 
 967 
 96ft 
 976- 
 971 
 970 
 971 
 974 
 976 
 966: 
 9o4 
 972 
 974 
 822 
 967 
 96& 
 976. 
 906 
 966 
 970' 
 966 
 974 
 971 
 953 
 966 
 972 
 972 
 S, 972 
 966 
 952 
 971 
 970 
 969 
 906 
 
 1056-57 
 968 
 969 
 976 
 969 
 968 
 948 
 973 
 821 
 
 849-850 
 968 
 845 
 968 
 966 
 966 
 968 
 970 
 969 
 970 
 967 
 816 
 
 968-969 
 969 
 974 
 967 
 966 
 Q6.7 
 
GENERAL INDEX. 
 
 SCPBEME COURT AND PROCEDURE THEREIN-Continued. 
 
 Costs. — Gontimied. 
 
 1447 
 
 Separate writs for set-oflfto supersede solicitor's, lien 
 
 pleadings by one solicitor 
 
 Solicitor causing delay liable for costs 
 
 Special allowances and general regulations 
 
 Table of. (Appendix N.) 
 
 Taking copies .... 
 
 Taxation, notice of 
 
 when not necessary .... 
 
 Tender of costs, on service of petition 
 
 Trustee, mortgagee, &c., costs out of estate ... 
 
 Unnecessary costs as between party and party 
 
 Work and labor not provided for 
 
 Writ of summons, specially endorsed 
 
 Counsel, 
 
 Advice of . . .... 
 
 Attendance at chambers, costs of 
 
 Conference fees, in what cases 
 
 Retaining fees not allowed between party and partv 
 Speeches of counsel to jury regulated as heretofore' 
 
 Counter-Claim. 
 
 See Third Party ; Pleading ; Defence. 
 
 Against plaintiff and third parties 
 
 any person connected with subject-niatter 
 
 plaintitf .... 
 
 stranger, ... 
 
 Any right or claim may form counter-elaim 
 
 Amendment of .... .,,. ... 
 
 Appearance to by new party .... .... .... 
 
 form of entry of, Appendix A, Part II., No. 7 
 
 Balance of counter-claim, judgment for. . . 
 
 Counter-claim not stayed by discontinuance, &c 
 
 Defence to contain statement of, if any ... 
 
 arising after pleadings may be used ... . 
 
 Effect same as cross-action .... . .... 
 
 Equitable, may be set up ... . .... 
 
 Exclusion of counter-claim on application of plaintiff 
 Further defence to matters arising, pending ... .... 
 
 Judgment for balance of counter-claim 
 
 Xjegal or equitable may be set up ... . 
 
 Misjoinder of plaintiff . . .... .... 
 
 Payment into court in satisfaction of, by plaintiff 
 
 Plaintiff's reply to be reply to counter-claim 
 
 Plaintiff must deny facts specifically . 
 
 Reply by party 
 
 to, subject to rules of defence . . .... 
 
 Specific statement that defence is by way of counter-claim 
 
 Striking out on leave • .... .... 
 
 for trial by separate action . . .... 
 
 Title of counter-claim when third parties .... 
 
 Withdrawing on leave . , .... .... 
 
 County Coukts and Judges, 
 
 Defence or counter-claim beyond jurisdiction . . .... 
 
 Order to remove judgment from . . .... .... . .• 
 
 Practice and procedure of supreme court to be practice and 
 
 county courts .... / .... 
 
 Supi-eme court may order proceeding to be transferred from, 
 To be official referees .... .... .... .... 
 
 Writot certiorari to; form of 
 
 PAGE 
 
 . 906, 924, 968 
 
 970 
 
 967 
 
 ..969-974 
 
 969, 1134-1144 
 
 ..971-972 
 
 968 
 
 968 
 
 967 
 
 966 
 
 973 
 
 973 
 
 970 
 
 971 
 971 
 974 
 974 
 
 885 
 
 856 
 . . . 803 
 
 803 
 
 . . . 803 
 849 
 
 . . . ,868 
 857 
 
 . . . 987 
 857 
 
 . . . 857 
 849 
 
 .882-863 
 849 
 803 
 857 
 863 
 857 
 803 
 836 
 860 
 849 
 851 
 857 
 862 
 856 
 864 
 857 
 856 
 864 
 
 849, 
 
 .... 817 
 1091 
 procedure of 
 
 ..817-818 
 
 817 
 
 ..816-817 
 
 1075 
 
1448 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIIV-Continned. 
 
 Court. page 
 
 Case to be heard in open court .... .... .... 888 
 
 Referee's court to be a court of justice •••. 886 
 
 Courts. 
 
 Divorce and matrimonial causes, judge of supreme court may be judge of, 799 
 
 Equity court included in supreme court .... .... ■ • • . • . • • 799 
 
 One supreme court of judicature for Nova Scotia. . .... .... 799 
 
 Probate and surrogate courts excepted from powers of supreme court 801 
 
 practice and procedure. 818 
 Rules of law to be in force and receive effect in all courts, except probate 
 
 and surrogate courts .... .... 818 
 
 Supreme court, powers of what to include .... .... .... ... - 801 
 
 Vice Admiralty, judge of supreme court may be judge of .... 799 
 
 Creditors. 
 
 Form of general indorsement by creditor to administer estate ... — . 988 
 
 Rules as to creditors and claimants in chancery chambers. .. 946-949 
 
 CRIMIX.A.L. 
 
 Jurisdiction of judjes to extend to criminal as well as civil matters .... 801 
 
 Rules not to affect the procedure or practice in criminal proceedings, 976 
 
 Cross- Appeals. 
 
 Consequences of omission to give notice .... • 954 
 
 (I.) not to diminish powers of court of appeal ... . . 954 
 
 , (II.) ground for an adjournment of appeal. .. . .... 954 
 
 (III. ) special order as to costs .... .... .... .... 954 
 
 If respondent intends upon hearing of appeal to contend that the decision 
 of court below should be varied, he shall give notice of such 
 
 intention to all parties affected . .... .... .... 954 
 
 Notice of motion by way of cross appeal unnecessary .... .... 953-954 
 
 See, Appeal, Notice of Motion on Appeal. 
 Evidence in Court of Appeal. 
 
 Cross-Examination. 
 
 Attendance for, compelled ... .... 898 
 
 Of deponents on notice . . .... ' 897 
 
 form of notice. . .... .... .... .... 1007 
 
 Officer of corporation making affidavit on production of documents liable to, 875 
 
 Order for in interlocutory applications. ... .... .... .... 894 
 
 Restriction on irrelevant .... .... .... .... .... . 885 
 
 Damages. 
 
 Assessment of damages by writ of inquiry . .... .... 832 
 
 in case of continuing wrong .... .... *. . . . 888 
 
 on default of appearance ... 832-833 
 
 pleading 865-866 
 
 form of writ .... .... .... 1075 
 
 Forms of indorsements for ... . . 992-996 
 
 Judgment in default of appearance after assessment ; form of .... 1052 
 
 Need not be pleaded to ... . .... 856 
 
 Reference to officer of court where matter of calculation .... ... 
 
 Witnesses at assessment to be examined viva voce and in open court 
 
 Days. 
 
 See Time. 
 
 Sunday, Christmas Day and Good Friday, not counted in certain cases. .. 964 
 
 Date. 
 
 Amended pleadings .... .... 868-869 
 
 Concurrent writ .... .... .... .... 824 
 
 Every writ to be dated day of issue .... 821 
 
 Pleadings, to be marked with .... .... .... 850 
 
 Of judgment 902 
 
 it- 
 
GENERAL INDEX. ] 449 
 
 SUPREME COURT AND PROCEDURE THEREO-Continued. 
 
 ^^*™- PAGE 
 
 Eflfect on action .... 845-847 
 
 execution .... gg? 
 
 Not to abate action" if cause survive . . .... .... §45 
 
 Proceedings in mandamus .... 933 
 
 Debts. 
 
 Assignment of, rule of law as to 805 
 
 Attachment-book to be. kept by prothonotary ' 914 
 
 Attachment of ... . .... .... .... . 912-914 
 
 Defence in action for .... .... .... .... ... .... 355 
 
 Special indorsement .... .... .... .... .... . . goo 
 
 Summary procedure in action for . . 834-835 
 
 Deceased Peesoks. 
 
 Administration of their estates 840-843, 940-942 
 
 See Administration . .... .... . . §40 940 
 
 Declakation, Statutory. 
 
 " Oath " includes .... §19 
 
 Declaratory Judgment §(33 
 
 Decree. 
 
 " Judgment " includes . . .... 819 
 
 Deed. 
 
 Equitable relief against .... 802 
 
 Form of claim in action to rectify 989, 1016 
 
 Default. 
 
 Appearance at trial . .... 884 
 
 By not proceeding after death of party .... 847 
 
 Entries for trial, when to be given 884 
 
 Notice of trial given by defendant .... 883 
 
 Default of Appearance. 
 
 Account, order for . . . . . , 835 
 
 Affidavit of service .... 832 
 
 By infant 831 
 
 By person of unsound mind .... 831 
 
 By third party served with notice .... * . 843-844 
 
 Claim for damages and liquidated demand 833 
 
 Damages, inquiry as to . . .... 832 
 
 Entering judgment on specially endorsed writ ..;. 832 
 
 Filing pleadings .... .... 850 
 
 In cases not specially provided for ... .... .... .... . 834 
 
 Judgment by default in special cases : 
 
 foreclosure 833 
 
 mesne profits . 833 
 
 partition . .... 833 
 
 recovery of land .... 833 
 
 several defendants .... 832 
 
 specially endorsed writ 832 
 
 Notice to be given in foreclosure and redemption . . 834 
 
 Partition, foreclosure and administration, &c. . 833 
 
 Default of Pleading. 
 
 <Close of pleadings on default .... .... 867 
 
 Defence, delivery of : 
 
 actions generallj' 865 
 
 several defendants ... .... . . 866-867 
 
 action to recover land ... .... 866 
 
 with mesne profits .... 866 
 
1450 
 
 GENERAL INDEX. 
 
 SUPREME COCRT AND PROCEDURE THEEEIN-Continned. 
 
 Default of Pleading. — Continued. page 
 
 Defence, delivery of : 
 
 assessment of damages r . .... .... .... 885 
 
 claims for goods or pecuniary damages •. . . , .... .... 86.5 
 
 several defendants .... . . . , .... .... 865 
 
 liquidated demand . . .... .... .... .... .... 865 
 
 motion for judgment .... .... .... .... .... 866-867 
 
 Reply, delivery of : 
 
 dismissal for want of prosecution . . .... .... 883 
 
 motion on admissions .... .... .... .... 866^867 
 
 pleadings deemed closed . . .... .... 867 
 
 setting down for trial .... .... 88.3 
 
 Setting a side judgment by default .... .... .... .... 867 
 
 Statement of claim, delivery of .... 865 
 
 Third parties, default by 867 
 
 Defence, Statement of. 
 
 Abatement, no plea of .... .... .... .... .... .... 858 
 
 All grounds of defence to be raised in 851 
 
 Balance of counter-claim over claim, judgment for .... .... .... 857 
 
 Bills of exchange, promissory notes, or cheques 855 
 
 Costs of improper denial or non-admission 856 
 
 Counter-claim . . .... .... 849 
 
 exclusion of 857 
 
 to stand if claim fall . .... .... .... 857 
 
 title of 856 
 
 Damages need not be denied 856 
 
 Debt or liquidated demand . . .... .... 855 
 
 Delivery of 849 
 
 time for ... 856 
 
 Forms of defence 1035-1046 
 
 Form of entry of appearance limiting defence . . 986 
 
 interlocutory judgment . . 1052 
 
 judgment for plaintiffs costs after confessing defence ... 1056 
 
 Not guilty by statute 850, 857 
 
 Payment into court, pleaded in 858 
 
 Recovery of land 858 
 
 Specially indorsed writ 855-856 
 
 Tender pleaded .... 858 
 
 Third parties, defendants to counter-claim 856 
 
 appearance of .... 857 
 
 form of indorsement ... , 857, 998 
 
 notice of claim by defendant .... 843 
 
 reply by 857 
 
 to be summoned ... .... .... .... .... 857 
 
 Time for delivery of .... .... 856 
 
 when leave given on specially indorsed writ . . 8.56 
 
 when defendant does not require delivery of ... , .... 856 
 
 Withdrawal of 864 
 
 See also Pleadings. . . .... .... . . 849-853 
 
 Third Parties 843-845 
 
 Defence and counter-claim .:, ..,, .... ..855^58 
 
 Defendant. 
 
 What the term includes, .... 977 
 
 Delay. 
 
 Matters in any statement which may lead to, may be struck out .... 853 
 
 Delivery op Pleadings, 
 
 Between the parties .... 850 
 
 Tq oflagers of court ,., .,.,' ' ..,, .,884 901 
 
GENERAL INDEX. 
 
 1431 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continned. 
 
 Delivery, Writ of. 
 
 For specific delh"ery of chattels . . 
 
 Form of praecipe for. .... .... .... .... ... 
 
 writ ... .... .... .... . .... 
 
 Form of writ prescribed .... .... 
 
 Separate writ for costs with .... 
 
 What judgments enforced by 
 
 Demurrer. 
 
 Abolition of demurrer. .. .... ..... .... .... 
 
 Declaration of right may be sought ... 
 
 Point of law raised .... .... .... .. .x 
 
 proceedings thereon .... . .... 
 
 Striking out bad pleading .... 
 
 Denial of facts in Pleadings, 
 
 Facts not denied need not be alleged by other party if onus does not lie 
 
 specifically to be taken as admitted .... 
 
 except as against infants and lunatics ... .... 
 
 General denial not sufficient 
 
 Must be specific .... .... 
 
 answer point of substance . . 
 
 Not to be evasive . . .... 
 
 Of contract .... .... 
 
 representative character to be specific .... 
 
 Depositions. 
 
 Examination of witnesses on .... 
 
 abroad .... .... . ... 
 
 How taken and signed . . .... 
 
 In action to perpetuate testimony .... 
 
 Notice to opposite party of intention to use .... .... 
 
 either party of return of examinations taken abroad . 
 Opening examinations of witnesses taken abroad . . .... 
 
 Order for taking evidence by. .... .... 
 
 form of 
 
 Return of . . .... .... .... ■ ■ ■ . 
 
 Setting aside examinations of witnesses taken abroad 
 
 When receivable in evidence 
 
 Who may open, when taken abroad .... .... 
 
 See also Evidence, Examination of Witnesses, &c. . . 
 Affidavits and Depositions 
 
 Deposit. 
 
 To be given on appeal, as judge or court may direct, . 
 
 Detention. 
 
 Default on 
 
 to claim of .... 
 May, on application, be ordered . . 
 Where several defendants. . . 
 With liquidated demand 
 
 Directions. 
 
 As to drawing up order . .... 
 proceedings by third party 
 
 1095, 
 
 PAGE 
 
 925 
 1059 
 1066 
 925 
 925 
 904 
 
 863 
 86.3 
 863 
 863 
 863 
 
 853 
 851 
 851 
 
 Sol 
 
 851 
 852 
 852 
 852 
 856 
 
 890 
 
 . 978 
 
 890 
 
 . 893 
 
 892 
 
 . 978 
 
 978 
 
 . 889 
 
 1096-1098 
 
 ... 891 
 
 978 
 
 ... 891 
 
 978 
 
 . 888-893 
 
 894-898 
 
 ... 954 
 
 832 
 . . . 832 
 925, 926 
 .832-833 
 
 833 
 
 .... .,.. 934 
 
 Judge may direct jury to answer questions of fact, except in certain cases, 809 
 give a special verdict except in actions of libel, 809 
 Special, in administrations and trusts 941-942 
 
 Directions, (Summons for) 869-870 
 
 Costs, unnecessary • ■ • ■ ^70 
 
 Form of summons .... ■••• oSn 'inoJ 
 
 order < < • • • • • *'"' 1"** 
 
1452 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN Continued. 
 
 Directions, (Summons for). — Continued. page 
 
 General summons for .... .... 869 
 
 ^ Returnable in four days . .... .... .... .... .... 869 
 
 Disallowance. 
 
 Of claim of creditor in chancery chambers 948 
 
 counter-claim .... .... .... .... .... .... .... 849 
 
 coats improperly incurred .... ..967-968,972 
 
 cross-examination .... .... .... .... .... .... 885 
 
 Disclosure as to Parties, &c. 
 
 Partners suing or sued as firm ... .... 824-825, 8.38 
 
 form 1084 
 
 Solicitor's declaration, whether writ by his authority or not. .... 824 
 
 Discontinuance. 
 
 Action of plaintiff discontinued or dismissed ; counter-claim may be 
 
 proceeded with .... .... .... . .... .... 857 
 
 Defendant's costs 864 
 
 Form of notice of discontinuance .... .... . . .... 1006 
 
 judgment for defendant's costs on .... .... .... 1056 
 
 Striking out defence on application of defendant .... .... .... 864 
 
 Subsequent action may be stayed if costs of discontinued are not paid, 864 
 
 Withdrawal of record by leave of the court or judge .... .... 864 
 
 Withdrawing record by consent .... .... . .... .... 864 
 
 Discovery. 
 
 By interrogatories . .... .... . .... .... 870-875 
 
 In aid of execution . .... .... .... .... .... ..910-911 
 
 Of names of partners .... .... .... 824-825 
 
 where case accrued .... ... .... .... 838 
 
 Discovert and Inspection 870-875 
 
 Affidavit in answer to interrogatories .... .... .... .... 871 
 
 form of 1000 
 
 reply to order for discovery ... 872 
 
 form of 1000-100) 
 
 Answers to interrogatories to be evidence . .... .... .... 874 
 
 Attachment of solicitor for neglect to notify client of order for interroga- 
 tories, discovery or inspection .... .... .... . 874 
 
 Banker's or trader's books, inspection of . . .... .... .... 873 
 
 Corporation, affidavit by officer of .... .... 875 
 
 Corporations and other bodies, members of may be interrogated. ... 871 
 
 Costs of interrogatories, when unreasonable, vexatious, or of improper 
 
 length .... .... .... 871 
 
 discovery by interrogatories or otherwise, how secured 874 
 
 deposit for 874-875 
 
 disposal of deposit .... .... .... .... .... 875 
 
 Cross-examination of deposing officer, &c. , of corporation .... 875 
 
 Discovery of documents . .... 872 
 
 Disobedience to order for inspection or to answer interrogatories . .873-874 
 Documents, production of by order during pendency of any cause or matter 872 
 
 referred to in pleadings or affidavits 872 
 
 effect of non-compliance to produce .... .... .... 872 
 
 notice to produce. .... 872 
 
 form of 873, 1001 
 
 produced on notice to produce .... 873 
 
 Exceptions to aflSdavits in answer 871 
 
 Form of interrogatories 871,999,1000 
 
 Former officers of corporation may be examined 875 
 
 General rules as to discovery 872 
 
 Inspect, notice to .... .... .... .... .... . $73 
 
 form of notice to inspect 873, 1001-1002 
 
GENERAL INDEX. 1453 
 
 SUPREME COUKT AND PROCEDUEE THEREIN-Continued. 
 
 Discovery akd Inspection. — Continued. page 
 
 Inspection, order for on default of party giving notice of time for 873 
 
 form of order to produce documents for inspection 1087 
 
 objections to '. . . . .... 873 
 
 disobeying order for inspection 873-874 
 
 Insufficient answers to interrogatories .... 872 
 
 Interrogatories. . .... 870-875 
 
 Leave to interrogate .... .... .... .... .... . .870-871 
 
 Members or officers of corporation may be interrogated .... .... 871 
 
 Objections to interrogatories on ground being scandalous or irrelevant. . . 871 
 Proviso as to more than one set of interrogatories ..... .... .... 870 
 
 Receipt for deposit of costs by party seeking discovery by interrogatories, 875 
 Solicitor, liable to attachment for neglect to notify client of order for 
 
 inspectiori, interrogatories, or discovery .... .... .... 874 
 
 Setting aside and striking out interrogatories .... .... .... 87 1 
 
 Time for answering interrogatories , . . . .■ . .... .... .... 871 
 
 When action against or by a sheriff .... . .... .... 875 
 
 Where interrogatories deemed irrelevant 870 
 
 Dismissal of Action. 
 
 Form of order dismissing summons (Appx. K., 48) . 1107 
 
 to dismiss for want of prosecution 1086 
 
 Discontinuance. . .... .... .... .... . — .... 864 
 
 Of action for not giving notice of trial. 883 
 
 failure to grant discovery . . . . ' .... .... .... 873-874 
 
 want of prosecution .... .... .... .... . • 873-874 
 
 where statement of claim not delivered . . 865 
 
 motion when all parties not served 933 
 
 Non-appearance of plaintiff .... .... 884 
 
 Not proceeding after death of party . . 847 
 
 Distribution of Business. 
 
 To be regulated by Rules of court 806-807, 816 
 
 Distringas. 
 
 Form of praecipe for, against ex-sheriflf . .'. . 1060 
 
 writ of against ex-sheriff 1069 
 
 Divorce Court. 
 
 Judge of supreme court may be judge of 799 
 
 Rules not to affect procedure or practice in 976 
 
 Docket. 
 
 Causes for argument from various counties to be grouped 815 
 
 How made up . . • • • • ^°^ 
 
 Documents. 
 
 Delivering documents, mode of .... 850 
 
 Discovery, inspection, &c 870-875 
 
 How marked .... .... .... °''' 
 
 Indexes to be kept by officers of all filed . . 961 
 
 Interrogatories as to .... .... • ■ . • • • • • • • ■ • • • • • °oJ 
 
 Notice to admit ■ • • §76 
 
 formof ' 876,1002 
 
 Notice to produce „„„ •••• ^77 
 
 ^ form of 887, 1004-1005 
 
 Printing of documents and evidence to be used at argument 956-957 
 
 Trial by referees in cases requiring long examination of 882 
 
 See also Officers and their Documents 961-963 
 
 Discovery and Inspection .... .... . ■ • • 870-875 
 
 Service of Orders, &o .... 974-975 
 
1454 
 
 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIX-Continued. 
 
 Doubt. ^age 
 
 Plaintiff in doubt may join two or more defendants to determine which is 
 
 liable . . 
 DuEAtioN OF Writ. 
 
 Concurrent writ 
 
 Original writ ... . . . , 
 
 renewal of 
 
 837 
 
 Ejectment. 
 
 Appearance by party not named aa defendant 
 Default of appearance or defence as to part . . , 
 Defence of person in possession. . . .... 
 
 Judgment in default of appearance ... 
 Limiting defence as to part .... .... 
 
 Other claims not to be joined except mesne profits 
 
 double value .... 
 
 Service of writ in case of vacant possession 
 Specially indorsed writ .... .... 
 
 Summary judgment for. . .... .... 
 
 Writ of possession . . .... .... 
 
 form of. .... .... .... 
 
 See Action for land . .... .... 
 
 Election Petitioms. 
 
 Judges for trial of, how selected . . .... 
 
 Embakbassing. 
 
 Matter in statement may be struck out 
 
 .... 
 
 ... 824 
 
 
 825 
 
 
 ... 825 
 
 
 830-831 
 
 .... . . . '. 
 
 . . 833 
 
 
 858 
 
 
 .. 833 
 
 
 831 
 
 or arrears of rent 
 
 or 
 
 .... .... 
 
 847-848 
 
 
 827 
 
 .... .... 
 
 . . 822 
 
 .... .... 
 
 834 
 
 . . . . . ; . . 
 
 .. 921 
 
 .... .... 
 
 1071 
 
 
 .. 833 
 
 807 
 
 853 
 
 Order may be made to prevent embarrassment of defendant in action in 
 
 which he has no interest .... .... .... .... 836 
 
 Enlargement of Time. 
 
 By consent .... .... .... . . ,. . .... .... .... 964 
 
 Costs of application for . . .... .... .... .... 973 
 
 Court 01' judge to have general power to enlarge or abridge time, .... 964 
 
 See Time 964-965 
 
 Entries for Argument. 
 
 Consequences of not entering .... .... .... 
 
 Form of . , . .... .... .... .... .... .... .... 
 
 Time for entering ... .... .... .... .... .... .... 
 
 Entry for Trial, 
 
 Either party after notice may enter . , .... .... .... .... 
 
 Given to prothonota.ries on or before the Tuesday preceding the first day 
 of the sittings or term ... .... .... .... .... 
 
 If no entry notice of trial to lapse .... .... .... .... .... 
 
 Separate list of jury and non-jury causes to be made up ... . .... 
 
 Time for, generally . .... .... .... .... .... .... 
 
 See also Notice and Entry of Trial .... . . , . 
 
 Entry of Judgment, 
 
 Affidavit, filing of .... .... 902 
 
 After trial, not without order of court or judge. ... .... .... 886 
 
 At trial 884,886 
 
 Certificate order or return to writ .... .... .... .... 902 
 
 Consent of defendant appearing in person necessary .... .... 903 
 
 Date of entry where judgment is pronounced in court .... 902 
 
 in other cases . , .... .... .... .... .... 902 
 
 Delegation of authority to pronounce judgment .... .... 902 
 
 Delivery of pleadings .... .... .... 90I 
 
 Examination of affidavits and documents by prothonotary . . .... 902 
 
 Forms 1051-1058 
 
 956 
 
 1064 
 
 956 
 
 883 
 
 884 
 . . 883 
 
 884 
 . . 883 
 883-884 
 
GENERAL INDEX. 1455 
 
 SUPREME COURT ASD PROCEDURE THEREIN-Continued. 
 
 Entry of Jcdgmbkt. — Continued, page 
 
 How entered ... , . . . . , . . .... .... .... .... 901 
 
 Judgment for an act to be done .... .... .... .... 902 
 
 Pureuant to order, certificate or return of writ .... 902 
 
 Referee may direct judgment to be entered .... .... 88G 
 
 Solicitors, consent necessary .... .... .... .... 903 
 
 Satisfaction piece and form of .... .... .... .903, 1058 
 
 With leave to move .... .... .... .... .... .... 886 
 
 Wrong on findings . . .... .... .... .... .... .... 900 
 
 Equity. 
 
 All courts, except probate and surrogate, to give effect to rules of law 817-818 
 Assignment of debts and clioses in action.. .... .... .... , 805 
 
 Business at chambers .... .... .... .... .... . . 939-^950 
 
 Causes, trial of . .... .... .... .... .... .... 881 
 
 Complete justice to be done in every case .... .... .... .... 804 
 
 Common law and statutory rights and duties .... .... .... 804 
 
 Counter-claims and third parties .... .... .... .... .... 803 
 
 Court and judge included in Supreme Court .... .... .... 799 
 
 Custody of infants . . .... .... .... .... 806 
 
 Defendants' equities .... .... .... .... 803 
 
 Equities appearing incidentally .... .... .... . .... 804 
 
 Equity of redemption in goods may be seized .... .... 908 
 
 Law and equity to be administered concurrently .... .... ..802-806 
 
 Mandamus, injunctions, and receivers .... .... .... .... 806 
 
 Merger .... .... .... .... .... .... ■ . . . 805 
 
 Plaintiffs' equities . . 802-803 
 
 Prohibition or injunction .... .... .... .... .... 804 
 
 Rules of, to govern . .... .... .... .... .... 806 
 
 Suits for recovery of land, rents, &c., by mortgagors 805 
 
 Stipulations not of the essence of the contract , .... .... 806 
 
 Trusts, Statutes of Limitation not applicable to express .... .... 805 
 
 Waste, equitable .... .... .... .... .... 805 
 
 Erkoe. 
 
 General power of amendment .... .... .... .... . • • • 869 
 
 Estate. 
 
 Account of personal, form of. (Appendix L., No. 12) .... .... 1121 
 
 Administration of without action .... .... . ■ • . 940 
 
 Allowance of income out of .... .... .... . • • • 927 
 
 Costs out of 966 
 
 Of infants and lunatics . . .... .... .... • ■ • ■ 929-930 
 
 Outstanding, inquiry into ... .... .... ■ • ■ • • • ■ ■ S78 
 
 Parties in administration of ... . .... .... • ■ • ■ 840-843 
 
 Recognition of equitable .... .... .... . ■ 802-806 
 
 Representation of estate of deceased person 842-843 
 
 Representatives of . . . . .. .... .... . • • - • • • ■ °5 ' 
 
 Event. 
 
 When costs follow 966 
 
 Evidence 888-893 
 
 Action brought to perpetuate testimony 89.3 
 
 when Crown interested 8ud 
 
 Affidavits of service of subpoena, what to state 893 
 
 Admissions s?! 
 
 Answers to interrogatories, how used at trial o>4 
 
 Books in taking account are primA fade son 
 
 Certified copies admissible 889 
 
 Commissions to examine witnesses 'lAA ,?^o 
 
 forms of 1077-1080, 1096-1098 
 
1456 
 
 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE TflEREIN-Continned. 
 
 Evidence. — Coiitimied. 
 
 Court of appeal .... .... 
 
 Depositions, how taken and signed .... .... .... 
 
 Disobedience to order for production . 
 
 Errors, correction of in subpoena . .... .... .... 
 
 Examiner to have copy of order and pleadings . .... .... 
 
 Examination of witnesses and mode of conducting under order for . 
 Expenses of witnesses .... .... .... .... .... 
 
 Foreign judgment not conclusive evidence .... .... .... 
 
 Forms for praecipe for subpcena ... .... .... 
 
 Further on appeal . . .... .... .... .... .... 
 
 Improper rejection and reception of evidence 
 
 In chambers .... .... .... . .... .... 
 
 In another cause .... .... .... .... .... 
 
 In court of appeal ... .... .... .... .... . 
 
 Judge may allow afiidavits to prove particular facts at trial . 
 Jury to be directed as to findings, &c . .... .... 
 
 Number of names in subpcena .... .... .... .... 
 
 duces tecum .... .... 
 
 Kotice to admit documents .... .... . .... 
 
 facts .... .... .... .... .... 
 
 produce documents .... .... .... 
 
 Notices, how to be received in evidence ... . .... 
 
 Omitted by accident or mistake, how supplied . .... .... 
 
 On motion, petition or summons . . .... .... .... 
 
 On trial, to be viva voce in absence of agreement .... .... 
 
 cross-examination. ... .... .... .... .... 
 
 Perpetuating testimony .... .... .... .... .... 
 
 Heferee, evidence before .... .... .... .... 
 
 Rules as to affidavits .... .... .... .... .... 
 
 subpoena .... .... .... .... .... 
 
 Service of subpcena . .... .... .... .... .... 
 
 Slander and libel, in mitigation of damages .... .... 
 
 Solicitor's name on praecipe for subpcena .... .... .... 
 
 Subpcena for chambers , . .... .... .... .... 
 
 Taking before examiner .... .... .... .... .... 
 
 Trial not necessary in action to perpetuate testimony .... 
 
 Writ of inquiry .... .... .... .... .... 
 
 subpcena, forms of . .... .... .... . , . 
 
 when to be served . . .... .... .... 
 
 See also Affidavits and Depositions, &c. ... .... .... 
 
 Discovery and Inspection .... .... .... .... 
 
 Examination or Witnesses. 
 
 Administering oath by examiner . .... .... 
 
 Affidavits at trial may be used subsequently . .... 
 
 Conduct of examination . .... .... .... 
 
 money .... .... .... .... 
 
 Copy of order, pleadings or documents for examiner 
 Depositions taken down in writing ... .... 
 
 only to be used at trial in certain cases .... 
 
 Evidence after trial, how taken .... . . . .- 
 
 Examination, rules as to, applicable .... .... 
 
 of debtors for garnishee purposes .... 
 
 Notice before use of depositions . . .... 
 
 Objection to question .... .... 
 
 Order for examination before officer of court .... 
 
 Kefusal of witnesses .... .... .... " ' ' 
 
 costs of refusal . . .... 
 
 Special directions may be given .... .... 
 
 report by examiner .... .... 
 
 Subpoena ad test, or duces .... 
 
 PACE 
 
 ..953, 954 
 
 890 
 
 .... 889 
 
 . 892-893 
 
 .... 890 
 
 890 
 
 ..889-890 
 
 .... 893 
 
 95.S 
 
 .898-899 
 
 ..896-897 
 
 889 
 . . 953, 954 
 
 888 
 .... 809 
 
 892 
 .... 892 
 
 876 
 
 876 
 
 .... 877 
 
 974 
 .... 885 
 
 894 
 .... 888 
 
 889 
 .... 893 
 
 886 
 
 ..894-898 
 
 . 892-893 
 
 .... 893 
 
 885 
 .... 892 
 
 892 
 ..889-892 
 
 893 
 
 ..8S7-888 
 
 ,1073-1074 
 
 .... 893 
 
 . 894^898 
 
 ..870-875 
 
 891 
 . . . 892 
 
 890 
 .889-890 
 
 890 
 . . . 890 
 
 891 
 .891-892 
 
 892 
 . .. 912 
 
 892 
 .890-891 
 
 889 
 . . . 890 
 
 891 
 . . . 892 
 
 891 
 . . . 891 
 
GENERAL INDEX. 
 
 1457 
 
 PAGE 
 
 SUPREME COURT AND PROCEDURE THEREIN- Continued. 
 
 Examination of Witnesses.— Cojjijrewst?. 
 Forms of orders : 
 
 for commission to examine witness 1096-1098 
 
 examination of judgment debtor ' " ' 1099 
 
 witnesses and production of docu- 
 ments 1091 
 
 witnesses before arbitrator 1091 
 
 Excessive Fees. witnesses before trial .... 1095 
 
 Penalty for taking . . .... .... ... _ Q„q 
 
 Execution .... 
 
 After judgment on contingency 
 
 Against shareholder of joint-stock company or officer of . . . 
 Application necessary in certain cases before issue of . , . 
 
 for relief instead of audita querela 
 
 Articles exempted from levy .... .... ' ' ' 
 
 Assets infuturo .... .... 
 
 Audita querela, application for relief instead of ' " ' 
 
 Bank notes, &c. , may be taken under .... 
 
 Bond of indemnity to sheriff' .... 
 
 Coin, &c. , may be taken 
 
 Corporation, execution against 
 
 Costs of executing act required to be done 
 
 Custody, discharge of defendant from 
 
 Date and form of . .... .... 
 
 Debt and costs, separate writs for .... .... .... 
 
 Demand not necessary ... .... .... 
 
 Discharge of defendant from custody . 
 
 Duration and renewal of 
 
 Effect of service of judgment or order. .... .... 
 
 Enforcing judgment against firm . 
 
 for costs .... . .... 
 
 land . .... 
 
 other property ... .... . . . . 
 
 payment into court ... .... 
 
 recovery of money .... . . .. . 
 
 to do or not to do an act . . .... 
 
 order of court or judge .... .... . . . , 
 
 Equity of redemption in goods may be taken. . .... 
 
 Exemptions from levy. . . 
 
 Firm, judgment against .... 
 
 Form of praecipe for execution ... , . . . 
 
 Forms of writ of execution ... 
 
 Goods, &c. , when bound by writ . .... .... , . . . 
 
 Husband and wife . . .... .... .... .... 
 
 How soon it may issue . . .... .... .... . . . . 
 
 payment postponed .... .... 
 
 stay of . . . . 
 
 Indemnity to sheriff .... .... .... .... 
 
 Indorsement of directions to sheriff 
 
 name of solicitor or party suing in person 
 " Issuing execution against any party," meaning of term , . . 
 Judgment or order upon condition .... .... .... 
 
 on contingency 
 
 Land, recovery of . . . .... .... .... .... 
 
 Levy for fees, poundage and expenses 
 
 Mandatory judgment, enforcing of . . . .... 
 
 Non-performance of condition on which judgment obtained. 
 Officer to see judgment before issuing execution .... 
 
 One of several defendants may be arrested .... 
 
 Order of writs .... .... .... .... .... 
 
 93 
 
 .... 903-911 
 904 
 
 907 
 907 
 
 908 
 910 
 
 907 
 908 
 
 909 
 910 
 
 909 
 908 
 
 908 
 910 
 
 905 
 906 
 
 903 
 
 910 
 
 .... 906-907 
 
 903 
 
 .... 904-905 
 
 906 
 
 904 
 
 904 
 
 904 
 
 .... 903-904 
 904 
 
 907 
 908 
 
 910 
 
 . . 904-905 
 
 .... 905, 1058 
 
 .905, 1070-1071 
 
 ..908-909, 910 
 
 907 
 
 906 
 906 
 
 906 
 910 
 
 906 
 905 
 
 904 
 903 
 
 904 
 904 
 
 905 
 908 
 
 903 
 . .... 905 
 
 910 
 908 
 
1458 
 
 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN— Continued. 
 
 Execution. — Continued. fAGB 
 
 Other than for money or lands ... 906 
 
 modes of enforcement remain . . .... .... . .... 908 
 
 Party suing in person, indorsement of name of .... .... 905 
 
 Precipe for execution and form of ... . .... .... .... 905, 1058 
 
 Redemption, equity of, in goods may be seized .... .... 908 
 
 Renewal 906-907 
 
 evidence of ... . .... .... .... .... .... 907 
 
 Return of writ . . .... .... .... 
 
 Rights to enforce heretofore existing .... 
 
 Securities, transfer and effect of .... .... 
 
 Separate writs for debt and costs . .... 
 
 Sheriff, bond of indemnity to .... .... 
 
 indorsement of directions to .... 
 
 to pay over money recovered. . .... 
 
 return to be made by with writ . . . 
 
 Surplus to be paid to defendant .... .... .... 
 
 Terms "writ of execution;" "issuing execution against any 
 meaning of ... . .... .... . . .... 
 
 Third party, enforcing judgment by or against. .... .... 
 
 Transfer of securities, effect of . . . .... . . . , ' .... 
 
 What execution is to include. .... .... .... .... 
 
 AVhen execution to issue on judgment for other than for money 
 goods bound by writ . . .... .... .... .... 
 
 Within six years .... .... .... .... .... 
 
 after or change of parties .... .... .... 
 
 Writ, when to bind goods ... .... . .... 
 
 "Writ of Execution," what term includes 
 
 Discovery in aiil of. . .... .... .... .... .... 
 
 Against agent of absent debtor ... .... .... .... 
 
 Compelling attendance and production .... .... 
 
 Costs of witnesses under order to produce documents, &c. . . 
 Examination of judgment debtor .... .... 
 
 Eor interlocutory costs . . .... .... .... .... 
 
 Order for execution against garnishee . 
 
 Other than for money ... .... .... .... .... 
 
 Production of books and documents . . .... .... .... 
 
 Security to be given on issue of execution against absent or absconding 
 
 debtor .... .... 921 
 
 Writs of execution : 
 
 Attachment (person) ... . , . . .... .... 9]2 
 
 (debts) 912-914 
 
 Delivery (chattels) .... .... 925 
 
 For costs. . . . .... .... . 906 
 
 Garnishee orders .... .... .... .... .... . 912 
 
 <jOods of absent or absconding debtor .... 919-92i 
 
 Possession (lands) .... .... . .... . 924 
 
 Preceding first day of October, 1884 911 
 
 Replevin " ' ' 917-919 
 
 Sequestration and subpoena. . . .... .... 911-912 
 
 Venditioni exponas .... . . .... .... . . 912 
 
 910 
 908 
 909 
 906 
 910 
 906 
 909 
 910 
 910 
 party," 
 
 904 
 
 ..907-S08 
 909 
 
 .... f 04 
 
 or land, t06 
 
 908-909, 910 
 
 907 
 
 .... 907 
 
 908-909, 910 
 
 904 
 
 . ..910-911 
 
 921 
 
 .... 911 
 911 
 
 ..910-911 
 969 
 913 
 911 
 911 
 
 Execution of Trusts. 
 
 Form of general indorsement for . . .... 
 
 Executors. 
 
 Character must be denied specifically . .... 
 
 Control of in administration suits 
 
 Joinder of personal claims with claims aa . . . . 
 
 Representative character to be shown on writ .... 
 
 form of . 
 
 Statement of claim by or against, forms of .... 
 
 Suing or sued on behalf of estate .... 
 
 When entitled to judgment in administration action 
 
 989 
 
 856 
 
 942 
 
 848 
 
 822 
 
 996 
 
 ....1011-1012 
 
 8.S7 
 
 841 
 
GENERAL INDEX. 145'9 
 
 SUPREME COURT AND PROCEDURE TdEREIN-Continued. 
 
 Existing. page 
 
 Meaning of term "existing" .... .... .... .... .... 819 
 
 Pending business .... .... .... 976 
 
 Procedure and practice existing before first of October, 1884, to temain 
 
 where no provision is made by Act or Rules 978 
 
 Provision as to exercise of jurisdiction .... .... 802 
 
 Saving of rights and obligations of existing judges .... .... .... 800 
 
 Expense. 
 
 Court may prevent defendant being put to, in action in vs-hich he has no 
 
 interest . . .... .... 8^6 
 
 Expenses may be levied with execution .... .... .... 905 
 
 Of producing deponent for cross-examination not to be demanded in first 
 
 instance . .... .... .... .... 897 
 
 Experiments. 
 
 May be tried for inspection of property under order of Court. . . 926 
 
 -Experts. 
 
 Assistance of at Chambers .... .... .... 942-943 
 
 Express Trusts. 
 
 Statute of limitations inapplicable to. .... .... .... 805 
 
 Ex-Sherifr 
 
 Forms of distringas against .... .... 1060, 1068 
 
 Facts. 
 
 Notice to admit .... .... 876 
 
 Party to prove facts sufficient in point of law .... .... .... 807 
 
 See, also, Admissions .... .... ■ . 876-877 
 
 Evidence 888-893 
 
 Trial 881-888 
 
 Fees. 
 
 Costs of proceedings to be regulated by rules of supreme court .... 816 
 
 Of counsel, allowance in taxation .... .... .... .... 974 
 
 Pauper not liable to any court fee .... 840 
 
 Penalty for taking excessive . .... • ■ • • 969 
 
 Schedule of fees of attorneys (Appendix N.) 1134-1144 
 
 Stamps .... • • • • • • • • 
 
 Filing. 
 
 Affidavit or other proof used in cause must be filed 
 
 817 
 
 895 
 
 Depositions .... .... ■ • • • . ■ • ■ °°1 
 
 Documents generally in case of non-appearance , 975 
 
 Enlargement of time for by consent . . .... • ■ • • 964 
 
 I'iled papers not to be taken away 962 
 
 Order for, need not be drawn up 934 
 
 Pleadings, &c. , when judgment entered ooo ooi 
 
 Prothonotary to file copy of writ of summons 82d-824 
 
 keep lists of warrants of attorney. .... 962-963 
 
 judgments and transcripts .... .... 963 
 
 Service by filing in case of non-appearance 975 
 
 What includes °^^ 
 
 Writ of summons, copy to file left with officer 8/.i 
 
 Final Order. 
 
 Notice of Appeal to be served within ten days 
 What may be appealed from .... 
 
 Firm. 
 
 953 
 953 
 
 830 
 
 Appearance by , ooi a-)- 
 
 Disclosure of partners' names where firm is plaintiff ?r^ 
 
 form -of . . 
 
 1084 
 
1460 
 
 GENERAL INDEX, 
 
 SUPKEME COURT AKD PROCEDURE THEREIN-Contlnued. 
 
 Firm. — Conthiued. 
 
 Effect of dissolution .... .... .... .... 
 
 Enforcing judgment against.. 
 
 How suit by or against . . .... .... .... 
 
 Service of writ on firm or single person sued as 
 
 Single person trading in firm name so sued .... 
 
 POKECLOSUfiE. 
 
 Adjoining counties, property in 
 
 Assignment of property and delivery of documents . 
 As to subsequent encumbrancers .... .... .... 
 
 Distraint in what cases by mortgagors .... .... 
 
 Evidence ... .... .... .... .... . 
 
 Form of statement of claim in action for . . .... 
 
 defence .... 
 
 Notice in certain cases . . .... .... 
 
 On what evidence entitled to judgment .... .... 
 
 Practice previous to first day of October, 1884, continued 
 Suits for recovery of land, rent, &o. , by mortgagors .... 
 
 Foreign Companies, Sdits against. 
 
 Agent, examination after judgment ... 
 
 Goods in hands of agent liable for amount of judgment . . 
 How sued when doing business by agents .... .... 
 
 Other provisions not abrogated ... . .... 
 
 Proceedings where no agent. . .... .... 
 
 Provisions of Order XLVI. to apply in certain eases 
 Security before judgment, how plaintiff may obtain .... 
 Time allowed agent to communicate with his constituents . 
 See aim Suits against Absent or Absconding Debtors . . . 
 
 Foreign Country. 
 
 -Action against defendant in ... . .... .... 
 
 Notice of writ and not the writ itself to be served in . . . 
 Time for appearance of defendant in 
 
 FoKEiGN Judgment. 
 
 838 
 
 904-905 
 
 826, 838 
 
 826,838 
 
 ..826-827,838 
 
 932 
 
 931-932 
 
 931 
 
 805 
 
 833 
 
 1013 
 
 1037-1038 
 
 834 
 
 833 
 
 833-834 
 
 805 
 
 923-924 
 
 923 
 
 923 
 
 923 
 
 924 
 
 924 
 
 924 
 
 923-924 
 
 923 
 
 919-922 
 
 828 
 
 829 
 
 829 
 
 Not conclusive evidence 
 
 Forms 
 Forms. 
 
 Appearance. . 
 Claims . . .... 
 
 Costs 
 
 Defences .... 
 
 Equity Business 
 Indorsements .... 
 Judgments . . 
 
 Notices, &c 
 
 Orders .... 
 
 Appendix A., Part II. 
 Appendix C . . . 
 
 Appendix N 
 
 Appendix D . . . 
 
 Appendix L 
 
 Appendix A., Part III 
 
 Appendix F 
 
 .... Appendix B. . . . 
 
 Appendix K 
 
 Payment into and out of Court Appendix M, 
 
 Precipes Appendix G 
 
 Repeal Appendix 0. . . . 
 
 Subpoena, Mandamus Commissions . Appendix J 
 
 Reply ... Appendix E 
 
 Writ of Summons Appendix A. , Part I 
 
 Writs Appendix H 
 
 Appendix A. 
 
 Part I. — Forms of Writ ofSummofis, ^c. . . 
 
 Form of Memorandum for Renewed Writ, (No. 6.). 
 
 General Form of Writ of Summons, (No. 1) 
 
 Notice of Writ in lieu of Service out of Jurisdiction 
 
 .... 893 
 . .. 979-1144 
 
 ..984-988 
 . ..ieiO-1035 
 
 1134-1144 
 . . . 1035-1046 
 
 1110-1133 
 . . . 988-997 
 
 1051-1058 
 ... 997-1009 
 
 1080-1119 
 ... 1133-4 
 
 1058-1066 
 1144 
 
 1073-1080 
 
 1047-1051 
 . . . 979-984 
 
 1066-1072 
 
 ..979-984 
 
 984' 
 
 979 
 
 (No.' 5) 983 
 
GfENEEAL INDEX. 1461 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continned. 
 
 PoKMS — Appendix A. — Continued. page 
 
 Part I.— Specially indorsed writ for service out of jurisdiction, (No. 4) 982 
 
 under Ord. III., Rule 5, (No. 2) 980 
 
 Writ for Service out of the Jurisdiction, or wbere Notice in 
 lieu of Service is to be given out of the Jurisdiction 
 
 (No. 3) 981 
 
 Part II. — Forms of Entry of Appearance 984-988 
 
 Affidavit for Entry of Appearance as Guardian (No. 8) 987-988 
 
 Entry of Appearance limiting Defence (No. 4) 986 
 
 Order XVI., Rule 50 (No. 5) 986 
 
 Order XVII. , Rule 5 (No.' 6) 987 
 
 to Counter claim (No. 7) . . . . .... 987 
 
 Memorandum of Appearance in General (No. 1) 984 
 
 Notice of Entry of Appearance (No. 2) . . 985 
 
 Notice limiting Defence (No. 3) .... 985 
 
 Part III. — Oemral Indorsements on Writs of Summons. . .... 988-997 
 
 Damages and other Claims (Section IV. ) '. . . 992-996 
 
 Indorsement for Costs (Section III 992 
 
 Indorsements of Character of Parties (Section V.) .... 996. 
 
 In matters of an Equitable Nature (Section I.). . . , .... 988-989 
 Money Claims where no special Indorsements under Order III., 
 
 - Rule 5 (Section II.) 989-991 
 
 Appendix B.— Notices, <bc 997-1009 
 
 Acceptance of Sum paid into Court (No. 4) .... 999 
 
 Admission of Facts pursuant to Notice (No. 13) .... .... 1004 
 
 Affidavit as to Documents '(No. 8) 1000-1001 
 
 in support of Garnishee Order (No. 23) .... 1008 
 
 of Service of Summons (No. 22) 1008 
 
 on Interpleader (No. 24) 1009 
 
 Answer to Interrogatories (No. 7) .... •■•• 1000 
 
 Certificate of Officer after Trial with a Jury (No. 17) 1005-1006 
 
 Confession of Defence (No. 5) . . . 999 
 
 Interrogatories (No. 6) .... .... .... 999 
 
 answer to (No. 7) 1000 
 
 Issue (No. 15) 1005 
 
 N'otice of Counter-claim (No. 2) 998 
 
 Cross-examination of Deponents at trial (No. 20) 1007 
 
 Discontinuance (No. 19) 1006 
 
 Motion (No. 18) 1006 
 
 Payment into Court (No. 3) 999 
 
 Renewal of Writ of Execution (No. 21 ) 1007 
 
 Trial (No. 16) 1005 
 
 to admit Documents (No. 11) 1002 
 
 Facts (No. 12) 1003 
 
 inspect Documents (No. 10) ■ . ■ • 1001 
 
 Produce (General Form) (No. 14) 1004 
 
 produce Documents (No. fl) .... • ■ ■ ■ 1001 
 
 Third Party Notice (No. 1) ■••• 997 
 
 Appendix C— Forms of Statements of Claim to be ueed pursuant to Order 
 
 ^ XIX., Rules 1010-1035 
 
 Actions claiming Injunctions, Damages or Declarations of Right 
 
 founded on Wrongs (Section V.) .... 1027-1034 
 for Damages for Breach of Contract or Duty arising out of 
 
 Contract (Section IV.) 1023-1027 
 
 Recovery of Land (Section VI.) 1034-1035 
 
 included in Order III., Rule 5, Classes A., B., C, D., E., 
 
 and F. (Section III.) 1018-1022 
 
 of an Equitable Nature (Section II.) 1010-1018 
 
 General Form ^Section I.) .--Vrv ^^^^ 
 
 Appendix D.— Forms of Defence to he used pursuant to Order XIX., 
 
 Rule 5 1035-1046 
 
 Counter-claims (Section VII. ) 1046 
 
3462 
 
 GENERAL INDE3 
 
 SUPREME COURT AND PROCE&URE rHEREIN.— Continued. 
 
 Forms — Appendix D. — Continued. page- 
 
 General Form (Section I) lOSS-lOSff 
 
 To Actions, claiming Injuncticais, Damages, or Declarations of Right, 
 foujided upon Wrongs. Appendix (C)., 
 
 Section v., (Section V.) ... J 044-1046: 
 
 for Damages for Breach of Contract or Duty. Appendix 
 
 (C), Section IV., (Section IV .... 1043 
 Reccyery of Land. Appendix (C. ), Section VI., 
 
 (Section VL) 1046. 
 
 included in Order III., Rule 5, Classes A., R, C, D, E., 
 
 andF., (Section HL) .... 1040-1043 
 
 General Defences .... .... ... 1042-43 
 
 of an Equitable Nature. Appendix (C;), Section II., 
 
 (Section n.) lOSe-lOS* 
 
 Appe?idix- E. — Forms of Beplif, (to., to he lesed pwsvant to Order XIX., 
 
 Hides 1047-1051 
 
 Defence including an Objection in point of law, (Section 111). 1050-1051 
 Example of a Statement of Claim, Defence and Reply, (Sec. II) . 1048-1049' 
 ■ - - .... 1047 
 
 1051-1058; 
 
 .... 1054 
 
 1055 
 
 .... 1054 
 
 1054 
 
 .... 1052 
 
 1051 
 
 1056-1057 
 
 1056 
 
 1056 
 
 General Form, (Section I. 
 
 Appendix F.— Forms oj J udgmnit 
 
 After Trial with a Jury, (No. 7) 
 
 by Court without Jury (No. 11). ... 
 
 before Referee, (No. 8) .... .... ... 
 
 of Questions of Account before Referee, (No. 9) 
 By Default after Assessment of Damages, (No. 4) . . 
 
 in case of Liquidated Demand, (No. I) 
 
 For Costs after Acceptance of M oiiey paid into Court, (No. 
 
 Defendant's Costs on Discontinuance, (No. 13) .... .... 
 
 Plaintiff's Costs after Confession of Deifence, (No. 14) . . . 
 
 Interlocutory Judgment in Default of Appearance or Defence where 
 
 Deniand Unliquidated, (No. 2) 10.52 
 
 In Default of Appearance in Acticai for Recovery of Land, (No. 3) . . . 1052 
 
 Pursuance of Order, (No. 12) .... .... 1055 
 
 Judgment after Appearance and Order under Order XIV., Rule 1, 
 
 (No. 5) 1053 
 
 15) 
 
 at Trial by Judge without a Jury, (No. 6) . . . 
 
 On Motion after Trial of Issue, (No. 17) 
 
 Upon Motion for Judgment, (No. 10) . ... .... 
 
 Where no Judgment entered at Trial by Jury, (No. 16) 
 
 Satisfaction Piece, (No. 18) . .... 
 
 Appendix G. — Forms of PrmrApe . .... . 
 
 Amended Summons, (No. 14) ... . 
 
 Certiorari, (No. 8) . . 
 
 Commission of Partition, (No. 13) .... 
 
 to, Examine Witnesses, (No. 12) . 
 Distringas against ex-Sheritf, (No. 6) .... 
 Entry for argument generally, (No. 10) 
 
 of Action for Trial, (No. 17) 
 
 Appeal, (No. 18) 
 
 Special Case, (No. 20) 
 
 Execution, (No. 1) . . .... .... 
 
 Habeas Co-rpus ad TeiSiificandvim, (Noi 11) 
 Inquiry, (No. 7) . . . . .... .... ... 
 
 Mandamus, (No. 10) .... 
 
 Memorandum of Service of Notice of Judgment, (No. 21), 
 Notice of Judgment, (No. 22) 
 
 Frohibition, (No. 9) 
 
 Renewed Summons, (No. 15) .... .... 
 
 Subpcena, (No. 16) . . .... 
 
 Summons, Amended, (No. 14) .... .... 
 
 Renewed, (No. 15) 
 
 Writ of Atta.Qhment,, (No., 5) ., . ., .. 
 
 1053 
 ... 1057 
 
 1055 
 ... 1057 
 
 1058 
 058-1066 
 ... 1063 
 
 1060 
 ... 1062 
 
 1062 
 ... 1060 
 
 1064 
 ... 1064 
 
 1064 
 ... 1065 
 
 1058 
 ... 1062 
 
 1060 
 ... 1061 
 
 1065 
 ... 1066 
 
 1061 
 ... 1063 
 
 1063 
 ... 1063 
 
 1063 
 ... IQSSl 
 
GENERAL INDEX. 1463 
 
 SUPEEME COURT AND PROCEDURE THEREIN. -Continued. 
 
 Forms — Appendix 6. — Continued. pace 
 
 Delivery, (No. 4) 1059 
 
 Possession, (No. 3) 1059 
 
 Sequestration, (No. 2) 1059 
 
 Appendix H. — Form/! of Writs .... 1066-1072 
 
 (Absconding Debtor), Summons for Agent (No. 10) ... . .... 1072 
 
 Writ of Attachment (No. 9) 1072 
 
 Distringas against Ex-Sheriff (No. 5) 1069 
 
 Summons for Agent (Absconding Debtor), (No. 10) 1072 
 
 Warrant to Arrest Witness (No. 6) . . . .... 1070 
 
 Writ of Attachment (Absconding Debtor), (No. 9) 1072 
 
 (Person), (No. 3) 1068 
 
 Delivery (Nos. 1 & 2) 1066-1067 
 
 Execution (as heretofore known), (No. 7) 1070-1071 
 
 on Order for Costs 10 '1 
 
 Possession (No. 8) 1071 
 
 Sequestration (No. 4) ^- 1068 
 
 Appendix J. — Forms of Suhpmna, S/^c 1073-1080 
 
 Certiorari (General), (No. 8) 10/6 
 
 to County Court (No. 7) 10^'^ 
 
 Commission to examine Witnesses (No. 11) 10/7 
 
 Habeas Corpus ad Testificandum (No. 2) 1073 
 
 Mandamus (No. 10) \^JP 
 
 Prohibition (No. 9) \^JP 
 
 Subpoena ad Testificandum (General Form) (No. 1) 107J 
 
 at Sittings or Term (No. 4) 1074 
 
 Duces Tecum (General Form), (No. 3) 187* 
 
 at Sittings or Term (No. 5) 10/4 
 
 Writ of Inquiry for Assessment of Damages (No. 6) • • • • 1075 
 
 Appendix K.— Forms of Summonies and Orders lino 
 
 Affidavit for Replevin (No. 50) • ■ ■ • 1108 
 
 Bond for Replevin (No. 51) iloo 
 
 to obtain Return of Property Replevied (Ho. 52) .... .... iiUJ 
 
 Garnishee Order (Attaching Debt), (No. 36) ^"''^"1 Jno 
 
 (Absolute), (No. 37) .... , 1100 
 
 Interpleader Order, No. 1. (No. 41) ii"^ 
 
 2. (No. 42) 1 03 
 
 3. (No. 43) 104 
 
 4. (No. 44) 105 
 
 5. (No. 45) 1 Oo 
 
 6. (No. 46) ■•- 1106 
 
 7. (No. 47) "°MnsI 
 
 Order (General Form), (No. 2) • • {"°i 
 
 Dismissing Summons (Generally) (No. 48) :j^"' 
 
 for Affidavit as to Documents (No. 17) ^"™ 
 
 Arrest (Capias), (No. 28) .. 
 
 Bond on Defendant's Arrest insfi 
 
 Delivery of Interrogatories (No. 16) moiTnw 
 
 Directions pursuant to Order XXIX. (No. 4) . . . . 1081' 082 
 Examination Touching Means . . . . • ■ • • • _■ • i^^^^ \^A^ 
 
 of Witnesses before Arbitrator (No. 25) .... 1091 
 and Production of Documents 
 
 (No. 26) 1091 
 
 before Trial (No. 32) .... 1095 
 
 of .Judgment Debtor (No. 35) 1099 
 
 Issue of Notice claiming Contribution (No. 23) .... iO»J 
 
 Particulars (Accident Case), (No. 13) |"^^ 
 
 (General), (No. 12) 10«^ 
 
 (Partnerships), (No. 11) 10»* 
 
 Production (Underwriters), (No. 19) |"°' 
 
 Renewal of Writ (No. 22) |"°^ 
 
 Sersriceojjtof Jurisdiction (No. 20) ^^°° 
 
1464 GENERAL INDEX. 
 
 SUPREME COURT AjVD PROCEDURE THEREIN— Continued. 
 
 FoKMS — Appendix K. — Continued. page 
 
 Order Substituted Service (No. 21} 1088 
 
 Time (No. 5) 1082 
 
 of Reference (No. 24) 1089-1090 
 
 under Section 28. , N. S. Judicature Act, 1884 
 
 (No. 29) 1094 
 
 under Section 29, N. S. Judicature Act, 1884, 
 
 (No. 30) 1094 
 
 to Master (No. 31) 109.5 
 
 on Client's Application to tax Solicitor's Bill of Costs (No. 28) 1101 
 Solicitor's Application to tax Bill of Costs (No. 39) . . . 1101-1102 
 
 to Amend (No. 10) 1084 
 
 discharge or vary on Application by Third Party (No. 14). 108.5 
 
 dismiss for Want of Prosecution (No. 15) 1086 
 
 Produce Documents for Inspection (No. 18) 1087 
 
 Replevy (No. 49) 1107-1108 
 
 Remove Judgment from County Court (No. 27) . . 1091-1092 
 
 Tax after Action brought (No. 40) 1102 
 
 under Order XIV., No. 1 1082 
 
 2 1083 
 
 .3 1083 
 
 4 1083-1084 
 
 Long Order for Commission to Examine Witnesses (No. 34) . 1096-1098 
 Short Order for Issue of Commission to Examine Witnesses 
 
 (No. 33) 1096 
 
 Replevin, Affidavit for (No. 50. ) ''108 
 
 Bond for (No. 51) 1108-1109 
 
 to obtain Return of the Property (No. 52) . . 1 109 
 
 Summons (General Form), (No. 1) 1080 
 
 for Directions under Order XXIX. (No. 3) .... .... 1081 
 
 Appendix L. — Eqvily or Chancery Business .... .... ....1110-1133 
 
 Account of Personal Estate (No. 11) 1120 
 
 Rents and Profits (No. 12) 1121 
 
 Advertisement for Claimants not being Creditors (No. 2). . . . .... 1111 
 
 Creditors (X^o. 3) _ 1111 
 
 Affidavit of Executor or Administrator as to claims of creditors 
 
 (No. 5) 1112-1113 
 
 Affidavit of Result of Sale (No. 15) 1126-1127 
 
 verifying Accounts, &c. . . .... .... 1117-1119 
 
 schedules therein referred to .... . .... 1119 
 
 verifying Receiver's Report (No. 20) . . .... 1130 
 
 Certificate (No. 9) 1115-1116 
 
 Exhibit referred to in Affidavit No. 5 (No. 6) 1113-1114 
 
 List of Appointments amongst Creditors or Legatees (No. 18) .... 1128 
 
 Debts allowed (No. 16) 1127 
 
 Legacifs remaining unpaid (No. 17) .... .... ■ . • -. 1128 
 
 Notice to Creditor of Allowance of Claim, (No. 7).. .... .... 1114 
 
 to produce Documents, (No. 4) 1 1 12 
 
 prove claim, (No. 8) . .... .... .... 1115 
 
 Notice that Cause has been set down for Further Consideration, 
 
 (No. 23) 1132 
 
 Order for Accounts and Inquiries, (No. 24) 1132-1133 
 
 Ordinary Conditions of Sale, (No. 14) . .... 1125 
 
 Originating Summons, (No. 21) . . .... .... .... .... 1131 
 
 Receiver's Account, (No. 13) 1122-1124 
 
 Recognizance, No. 19) 1129-1130 
 
 Request to set down Cause for Further Consideration, (No. 22). . 1131 
 
 Summons, (No. 1) .... .... .... .... 1110 
 
 Appendix il. — Payment Into and Out of Court 1133-1134 
 
 Accountant General, Duties of . . . .... .... .... 1 133-1 134 
 
 Prothonotary, Duties of 1133-1134 
 
GENERAL INDEX. 1465 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continued. 
 
 'Po-KMS.— Continued. • ^,„„ 
 
 Appendix N.— Costs 1134-1144 
 
 Appearances . . _ ' " 1 ] 36 
 
 Attendances ""....'"!...""!... "'il40-1142 
 
 Copies j,3g 
 
 Counsel Fees, (Contested Matters) 1142-1144 
 
 Brawing Pleadings and other Documents 1138 
 
 Instructions '""ll36-1137 
 
 Perusals 1139-1140 
 
 beryices and Notices 1135-1136 
 
 Writs, Summonses and Warrants 1134-1135 
 
 Appendix O.—EepeaUd Forms, Orders, Rules and Statutes .. ' 1144 
 
 Fbaud. 
 
 Forms of statement of claim . 1033 
 
 How pleaded ... .... . _ _ .... 852 
 
 Pleadings forms of defence 16,33, 1037, 1039, 1040 
 
 Particulars .... .... . 8go 
 
 Frauds, Statute op. 
 
 Must be pleaded .... .... 852 
 
 Pleadings, forms of ' ""....""... .1039, 1040 
 
 Further Consideration. 
 
 At chancery chambers .... 949,950 
 
 Adjournment for further consideration at trial 886 
 
 In insolvent and intestate estates .... 939 
 
 Notice that cause has been set down for ; form of 1132 
 
 On report of referee . .... 887 
 
 Request to set down cause for ; form of 1131 
 
 Garnishee. 
 
 Costs, discretionary .... .... 914 
 
 Debt attachment book . . 914 
 
 Discharge of garniseee .... 914 
 
 Effect of garnishee order .... .... .... .... 913 
 
 Examination of debtor as to debts .... 912-913 
 
 Form of affidavit in support of order 1008 
 
 order attaching debt 1099-1100 
 
 absolute 1100 
 
 ' Issue if garnishee disputes liability 913 
 
 Not appearing on summons .... 913 
 
 Order to attach debts 912-913 
 
 for execution against 913 
 
 third party 913 
 
 Service of order, effect of .... 913 
 
 Third party interested, proceedings .. . . 913-914 
 
 ■ What debts may be attached 912-913 
 
 See Attachment of Debts 912-914 
 
 Gazette, Royal. 
 
 Rules of court to come into force after publication in .... 816 
 
 General Issue bt Statute. 
 
 How pleaded 857 
 
 Plea of not guilty 850-851 
 
 General Rules. 
 
 Existing practice in absence of other provisions 978 
 
 In absence of chief justice senior judge substituted .... .... 978 
 
 Repealed rule not revived unle ss expressly .... .... .... .... 978 
 
 Good Friday. 
 
 Not to be counted in computation of limited time . . .... 964 
 
1466 
 
 GKNEEAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN— Continued. 
 
 GtTAEANTY. ' PAGE 
 
 For payment of money writ may be apecially endorsed . 882 
 
 Form of pleading in action for ... . .... .... • • • • 1021, 1022 
 
 GUABDIAN. 
 
 Application for guardianship of infants to be made at chancery chambers 9.39 
 Costs of solicitor appointed guardian ad litem of infants or lunatics .... 968 
 
 Form of affidavit for entry of appearance as 987-988 
 
 To infants and lunatics .... .... .... .... .... ■ • 838-839 
 
 Halifax Sittings. 
 
 Civil and criminal .... . . . .... .... 957, 958 
 
 Habeas Cokpus ab Testificandum. 
 
 Form of writ 1073 
 
 New writ on adjournment of trial .... 885 
 
 Heir-at-Law. 
 
 As party to administration of trusts . . 841 
 
 AVhen unnecessary as party 842 
 
 See Parties 836-845 
 
 Holidays. 
 
 Reckoning time with regard to . . . .... .... .... .... 964 
 
 Vacation in Halifax .... .... .... . .... .... 960 
 
 of Supreme Court in banc .... . .... 955 
 
 See Sessions, Sittings, Vacations, &c . . . . 955-961 
 
 Husband and Wife. 
 
 Action by or against wife .... . . .... . 838 
 
 Execution against husband . . . .... .... .... .... 907 
 
 Joining claim by or against, with separate claims . . .... 848 
 
 Marriage of party to action . . . . .... . . 845-846 
 
 Service in action against .... , .... .... .... 826 
 
 See Change of Parties by Death, &c. . . .... .... .... . . 845-847 
 
 Joinder of Causes of Action. . . 847-848 
 
 Idiots. 
 
 How may sue and defend .... .... .... .... .... . . 838^839 
 
 Plaintiff to apply for guardianship of In default af appearance 831-832 
 
 Service of 826 
 
 Impbopee, Fobms. 
 
 Costs of • 821 
 
 Indexes. 
 
 See Officers and their documents ... .... .... 961-963 
 
 Indobsement of Addeess. 
 
 Plaintiff suing in person .... .... 823 
 
 Solicitor and plaintiff .... .... 823 
 
 When no writ issued 823 
 
 Indobsement of Claim on Weit. . . 821-822 
 
 Account to be taken, special claim for .... .... .... .... 822 
 
 Administration and actions 821-822 
 
 forms of in Appendix A., Part III. . . .988-997 
 
 Amendment by Plaiutifif without leave. ... .... 867-869 
 
 on severance of causes of action . . 848 
 
 Amount demanded for debt and costs in money claims .... .... 822 
 
 Claim need not be stated with precision .... .... 821 
 
 Damages and other claims ; forms of .... . .... .... 992-996 
 
 Debt or liquidated demand, special for .... 822 
 
 forms of 1018-1022 
 
GENERAL INDEX. 
 
 1467 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continned. 
 
 Indoesement of Claim of 'SVb.it.— Continued. 
 
 Forms of indorsement in Appendix C, Section III. 
 
 A, Part III . . . 
 
 administration actions .... 
 
 cancellation or rectification of deed 
 
 character of parties. .... 
 
 costs for .... .... " 
 
 creditor to administer estate 
 
 damages and other claims 
 
 money claims where no special indorsements 
 
 legatee to administer estate 
 
 mortgagee .... .... .... 
 
 mortgagor . .... . .... 
 
 parties, character of . . .... .... 
 
 partnerships ... 
 
 portions, raising of 
 
 rectification of deed 
 
 special indorsements .... 
 
 specific performance .... .... ... 
 
 trusts, execution of .... .... 
 
 In matters of an equitable nature .... ... 
 
 debt or liquidated demand, special indorsement 822, 
 
 Made on writ of summons before issue .... .... .... .... 
 
 Precise statement of ground of complaint, or remedy or relief not essential 
 Representative character of both plaintiff and defendant to be shown . 
 
 PAGE 
 
 1018-1022 
 
 988-997 
 
 .... 988 
 
 989 
 
 ..996-997 
 
 992 
 
 .... 988 
 
 992-996 
 
 ..989-991 
 
 988 
 
 988 
 
 ..988-989 
 
 996-997 
 
 Special indorsement for account . 
 
 debt or liquidated demand in money 
 
 Variations in statement of claim . . .... . .... 
 
 AVrit of summons, indorsement of claim on 
 
 .... 989 
 
 989 
 
 1018-1022 
 
 989 
 
 .... 989 
 
 988-989 
 
 1018-1022 
 
 821 
 
 821 
 
 822 
 
 822, 835 
 
 ... 822 
 
 855 
 
 ... 821 
 
 Indoksement of Sekvice, 
 
 Date of receipt of writ of summons to be indorsed immediately on receiving 
 service within three days after service 
 
 Indorsement on Writ of Execution. 
 
 With directions to sheriff 
 
 Infants. 
 
 Affidavit for appointment of guardian 
 
 form of. . 
 Admissions in pleading by .... 
 Appearance by in action .... 
 
 to petition or summons 
 Authority from next friend to be filed 
 Consents to procedure on behalf of 
 
 Default of appearance by 
 
 Estates of .... .... .... 
 
 Guardian ad litem for .... .... 
 
 Investment of money recovered by 
 
 May sue by next friend and defend by guardian 
 
 Party to special case .... .... 
 
 Proceedings relating to in chancery chambers . 
 
 Questions as to custody and education. Equity Rules to prevail 
 
 Service of notice of judgment or order on 
 
 order on change of parties 
 
 writ on . . .... 
 
 Information. 
 
 Actions and suits formerly commenced by, how instituted . . 
 
 Injunction. 
 
 Amendment of law, as to ... . 
 
 Before, at, or after judgment 
 
 827 
 827 
 
 906 
 
 839 
 .987-988 
 
 851 
 . . . 839 
 
 839 
 . . . 839 
 
 839 
 .831-832 
 929-930 
 .831-832 
 
 861 
 . . . 838 
 
 880 
 939, 943 
 
 806 
 . . . 842 
 846--847 
 . . . 826 
 
 82n 
 
 806 
 
 927 
 
1468 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN— Continued. 
 
 Injunction. — Continued. ' page 
 
 Cause in Supreme Cojirt not to be restrained . . .... 804 
 
 Enforcement of mandatory judgment .... .... .... .... 908 
 
 Indorsement of claim on writ .... .... .... .... • • ■ • 821 
 
 form of 996 
 
 Practice on applying for interlocutory injunction .... .... 926 
 
 Stay of proceedings in lieu of injunction . .... .... .... 804 
 
 Writ of, abolished, and substitution of order . . .... .... .... 927 
 
 See Interlocutory Orders as to Mandamus, &c. . .... .... 925-928 
 
 Inquiry. 
 
 May be directed at any stage of proceedings ... .... .... • • • . 877 
 
 Reference to special referee for . . .... .... .... • ■ • 814 
 
 Writ of Inquiry. 
 
 Application of certain rules . . .... .... .... .... 887 
 
 Inquiry of damages before officer of court or other person . . . 887-888 
 Form of praecipe for. .... .... .... .... .... 1060 
 
 writ of 1075 
 
 Inquiries and Accounts .... . . .... • • 877-879 
 
 Allowances without directions ... .... .... .... .... 878 
 
 Directions as to taking .... .... . . • . . . . .... . . 877-878 
 
 Expedition ordered ... .... .... .... .... .... 878-879 
 
 Form of ordering account and inquiries ... .... .... ... .1132-11.33 
 
 Notice of claim beyond admission .... .... .... .... .... 878 
 
 Numbering of accounts . . .... .... .... .... .... 878 
 
 Order for, at any stage .... .... .... .... ... .... 877 
 
 Proceedings in chancery chambers ... .... .... .... 946-949 
 
 Personal estate, inquiries .... .... .... .... .... .... 878 
 
 Substituted referee .... .... . . .... .... .... 879 
 
 Verification of account .... .... .... .... .... .... 878 
 
 See Chambers, in relation to Chancery Matters .... .... . .939-950 
 
 Insolvency. 
 
 No abatement on .... .... .... .... .... .... 845 
 
 iNSrECTION. 
 
 Banter's and trade books .... .... .... .... .... .... 873 
 
 By judge and by jury ... .... .... .... .... .... 926 
 
 Documents, inspection of ... . ... .... .... .... . . 872-875 
 
 form of order for. .... .... .... 1087 
 
 Order for 926 
 
 See Discovery and Inspection .... .... ... .... .... 870-875 
 
 Interest. 
 
 Allowance of on appeal . .... .... .... .... . 955 
 
 Execution for, generally. 906 
 
 On costs ... .... .... .... .... .... . .... 906 
 
 Special indorsement containing claim for . . .... . .... 822 
 
 With writ of delivery 925 
 
 Chancery Chambers. 
 
 Legacies ... 949 
 
 Rate 949 
 
 Where debt does not bear ... .... .... 949 
 
 Interim Orders. 
 
 As to subject-matter of litigation and as to payment of amount m dispute 
 
 into court . . .... .... .... .... .... 925 
 
 detention, preservation and inspection of property 926 
 
 Order for sale of perishable goods .... .... .... . 925 
 
 Interlocutory Judgment. 
 
 Default of appearance .... .... 832 
 
 by some defendants 832-833 
 
 delivery of defence ..... 865 
 
 Forma 1051-1052 
 
GENERAL INDEX. 1469 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continued. 
 
 Interlocutory Orders. page 
 
 Application, how made 926 
 
 Evidence to support ^ 894 
 
 Injunction by .. ....806,926 
 
 Inspection of subject matter, samples, &c. . ^. . . . 926 
 
 Mandamus by ..,,806,926 
 
 Notice of appeal from 953, 954 
 
 Not to prejudice appeal 954 
 
 Payment into court to satisfy lien 926-927 
 
 Preservation of property , , , , 925-927 
 
 Provisions of Act as to , , , , 806 
 
 Receiver by , , . . 806, 928-929 
 
 Sale of perishable goods ... 925 
 
 View by judge and by jury 926 
 
 Interpleader, 
 
 Affidavit by applicant 950 
 
 form of . , , , 1009 
 
 Application of rules 952 
 
 Claimant not appearing to be barred 951 
 
 Costs, discretionary 952 
 
 Decision, when final • • • ■ 951-952 
 
 Form of issue • . 1005 
 
 Forms 1103-1107 
 
 General interpleader 950 
 
 In mandamus ...... 937 
 
 Interpleader issue ordered . ; ■ 951 
 
 Mandamus, how far applicable ... 937 
 
 One order in several matters 952 
 
 Questions of law .... 051 
 
 Sale when sheriff has seized 952 
 
 Sheriffs interpleader 950 
 
 Special cases . ^^J 
 
 Stay of proceedings . ...... 951 
 
 Summons calling on claimants to mterplead ™i 
 
 Summary adjudication by consent 951 
 
 Titles of claimants 
 
 Time to apply if defendant , 
 
 951 
 951 
 
 Interpretation. 
 
 Of terms in Judicature Act ^^^"m? 
 
 Rules of Court . ■ „ 977 
 
 " Writ of execution " and " issuing execution against any party 904 
 
 Interrogatories. 
 
 Afadavit by officer, &c. , of corporation . 875 
 
 f'^^T" .' ■■871,1000 
 
 form of ' ' „„2 
 
 order for further °' 
 
 order for viva voce answer °' j 
 
 reading at trial °'. 
 
 sufficiency, how determined ... °' J 
 
 time for filing J.. 
 
 use of part of afadavit at trial . ° ' * 
 
 Answers by affidavit o7k 
 
 sheriff's ofacer °'^ 
 
 sufaciency of answer °' J 
 
 Application to strike out . . „-„ „- . 
 
 Attachment in default of answer . ' ' ' 870 
 
 Breach of trust cases, without order ' 
 
 Corporation, order on ofacer of , . . ,, 
 
 when required to produce documents ... °'" 
 
1470 G(E3«rERAL INDEXv 
 
 SUPREME COURT AND PROCEDURE THEREliV— Continued. 
 
 Intbrrooatoeibs — Continued. PAdB 
 
 Coats of improper ... 
 
 . . . . 871 
 
 secured by deposit ... . . . . . . 
 
 874-875 
 
 allowed only when interrogatories reasonable 
 
 . . . . 874 
 
 Cross-examination of deponent when officer of corporation 
 
 873 
 
 Defence struck out on default of answer 
 
 . . . . 874 
 
 Defendant may exliibit ... ...... ...... 
 
 870 
 
 Delivery of by plaintiff or defendant ...... 
 
 . . . . 870 
 
 corporations to officers of . . ..... 
 
 871 
 
 order necessary except in fraud and breach of trust . . 
 
 . . . . 870 
 
 without leave in fraud and breach of trust 
 
 870 
 
 Deponent, cross-examination of when officer of corporation . 
 
 . . . . 875 
 
 Deposit of S20.00 before delivery 
 
 874-875 
 
 how dealt with ...... 
 
 . . . . 875 
 
 Dismissal of action on default of answer 
 
 874 
 
 Disobedience to order to answer . . 
 
 ..873-874 
 
 Enforcing answer 
 
 872 
 
 Form of interrogatories 871, 
 
 999-1000 
 
 answer to . ...... 
 
 1000 
 
 Former officer of corporation 
 
 . . . . 875 
 
 Fraud cases, without order . . 
 
 870 
 
 Further answer by affidavit or viva voce 
 
 . . . . 872 
 
 Irrelevancy, objection to answer on ground of 
 
 870-871 
 
 Leave to interrogate ...... 
 
 ..870-871 
 
 Jfote at foot of 
 
 870 
 
 Objections to answer 
 
 . . . . 871 
 
 on ground that they are scandalous or irrelevant 
 
 871 
 
 not material at that stage 
 
 . . . . 871 
 
 may be taken in affidavit in answer ...... 
 
 871 
 
 Plaintiff may exhibit 
 
 . . . . 870 
 
 not answering, action dismissed 
 
 874 
 
 Scandalous, objections to answer on grounds that they are.. 
 
 .... 871 
 
 iSetting aside, because exhibited unreasonably or vexatiously 
 
 871 
 
 Solicitor neglecting to give notice of 
 
 . . . . 874 
 
 Striking out because scandalous 
 
 871 
 
 within 7 days of service ...... 
 
 . . . . 871 
 
 Trial, use of interrogatories at 
 
 874 
 
 Unreasonably exhibited, costs of . 
 
 .... 871 
 
 Vexatiously exhibited, costs of ...... 
 
 871 
 
 Witnesses ...... 
 
 ..888-889 
 
 (See Evidence . 
 
 888-893 
 
 Intervener. 
 
 
 In action for land . 
 
 ..8.30-831 
 
 See cdso Third Party 
 
 843-845 
 
 Investment. 
 
 
 Application as to, in chancery chambers 
 
 . .939-940 
 
 In what securities money under control of court to be invested .... 
 
 861 
 
 Of damages awarded to infant or lunatic 
 
 .... 861 
 
 Ikregulakity. 
 
 
 Application to set aside for 
 
 976-977 
 
 Costs , \ . 
 
 .... 977 
 
 Effect of non-ccmpliance with rules 
 
 977 
 
 Fresh steps taken after knowledge of 
 
 . . . , 977 
 
 In affidavits . . 
 
 896 
 
 See Amendment .... 
 
 ..867-869 
 
 Non-compliance ...... 
 
 976-97'/ 
 
 Issue. 
 
 
 Effect of non-delivery of reply as joinder of . ., . 
 
 867 
 
 joinder of 
 
 862 
 
GENERAL INDEX. 1471 
 
 SUPREME COIIET AND PEOCEDUBE THEREITf-Continued. 
 
 Issue. — Continued. page 
 
 Interpleader , 951 
 
 Joinder of . . . 851-852, 862 
 
 Legal and equitable, how tried ... 808 
 
 Pleadings subsequent to joinder of , 862 
 
 See Reply and Subsequent Pleadings 862 
 
 Issues, Inquleies, and Accounts 877-879 
 
 Accounts, how taken . . , . , . 877-878 
 
 All just allowances to be made 878 
 
 Defendant requiring issues to be tried by jury . ...... 808 
 
 Evidence 878 
 
 Expediting accounts or inquiries . ... 878-879 
 
 Garnishee proceedings . . , . . '913 
 
 Issues to be settled if necessary . . 877 
 
 Judgment or order made directing accounts taken or inquiries made 878 
 
 form of. (Appendix L., No. 24) . . 11.32 
 
 Judge may refer issues to county county judges and referees 814 
 
 direct jury to answer questions of fact 809 
 
 Notice of claim beyond admission ...... 878 
 
 Outstanding estate to be inquired of . . . . 878 
 
 Plaintiff desiring issues to be tried by jury .". . . 808 
 
 Referee, when new may be appointed. . . ...... 879 
 
 Substituted referee . 879 
 
 Special jury, trial of issues by 882 
 
 Trial of, before discovery or inspection ...... 873 
 
 Verification of account by affidavit 878 
 
 When inquires or accounts may be made or taken ...... 877 
 
 See Special Case ...... 879-880 
 
 Trial ,...881-882 
 
 Issues or fact without pleadings. 
 
 Effect of judgment 881 
 
 Formal pleadings may be dispensed with .... 880-881 
 
 Judgment according to agreement ...... ...... 881 
 
 Order for payment on finding of issue 881 
 
 Questions stated for trial in an issue. ... 880-881 
 
 form of... 1005 
 
 Joinder of Causes oe Action. 
 
 Administrator 848 
 
 Amendments, consequential, may be made. ... 848 
 
 Bankruptcy trustee ,.,... ...... 848 
 
 Causes may be joined . . 847 
 
 severance if necessary 847 
 
 , application to sever 848 
 
 order to sever 848 
 
 Costs on severance . . ...... 848 
 
 Executor 848 
 
 Husband and wife . . ......_ 848 
 
 Joint and several . . 848 
 
 Recovery of land .. . 847-848 
 
 Remedy of inconvenience . . ...... ...... 848 
 
 CINDER OF Issue. 
 
 Close of pleadings . . .-,.... ...... 862 
 
 Effect of non-dehvery of reply 867 
 
 How and when joined 851-852, 8b2 
 
 Pleadings subsequent to . . ...... 862 
 
 Joinder of Parties. 
 
 Amendment by substituting and adding parties ..,.,. 837 
 
 Claims by and against persons in alternative 83b 
 
1472 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN— Continued. 
 
 Joinder of Parties. — Continued; 
 
 Joinder of two defendants in case of doubt .... 837 
 
 Parties to joint or several contracts .... 8.36 
 
 5^ec Parties ....836-845 
 
 Judge (Single). 
 
 Appeal from decision at chambers ...... ...... 938 
 
 Applications to in chambers, how made 937 
 
 Business to be disposed of by single .... 807 
 
 Cause to be conducted according to Rules and Act 814 
 
 Further consideration of case, judge may adjourn for. 886 
 
 May deliver judgment of court or any other judge when authorized to 
 
 do so . . ...... 902 
 
 direct trial by jury . . 808 
 
 refer questions ...... — . > . . • • .813-814 
 
 cause ...... ...... ..... ...... 814 
 
 call experts in chancery chambers 942 
 
 reserve case ...... 807 
 
 final decision not more than sixty days ...... 809 
 
 vary or set aside awards, &c. ...... 814 
 
 Power to inspect subject of litigation. . . 926 
 
 enter judgment 886 
 
 order administration without action in chancery chambers, 940 
 
 Restricting cross-examination 885 
 
 Rule, order or decision, on notice may be discharged or set aside by court, 953 
 
 To constitute a court in. certain cases 807 
 
 decide all questions coming before him 807 
 
 Trial of any question or issue of fact before 882 
 
 Trustees, &c. , may apply to, for directions 942 
 
 Verdict of same as of jury 808 
 
 When cause to be tried before ...... . . 807 
 
 fi'ce Chancery Chambers 959-950 
 
 Judge in Equity. 
 
 Office, title and distinction, when abolished ...... 800 
 
 Judges. 
 
 Aid of assessors, may be called in 814 
 
 Chief Justice to have precedence 800 
 
 Circuits, summer, judges presiding at to preside at spring circuits ...... 813 
 
 Distribution of business among ...... 807 
 
 Election petition, trial of, how selected for 807 
 
 Existing Status not to be affected ...... 800 
 
 General powers to make rules relating to appeals, &o. , pleadings, practice 
 
 and procedure, and sittings 815-816 
 
 How appointed 799 
 
 Jury may be directed by to give special verdict 809 
 
 answer questions of fact in certain cases, 809 
 
 Jurisdiction when acting in pursuance of statute, common law or otherwise, 801 
 Kot to sit on the hearing of any motion for a new trial in cause or matter 
 
 tried with a jury before self ...... 898 
 
 Oath, form of . 800 
 
 how administerwi ...... 800 
 
 Power to annul, or alter or amend rules. 815 
 
 sit and act for transaction of business 806 
 
 Precedence of 800 
 
 Provisions for former extraordinary duties of judges ...... 800 
 
 Qualification of 799 
 
 Saving of rights and obligations of judges at the time of passing of Act . . 800 
 
 To have equal power, authority and jurisdiction .... 799- 
 
 What offices may hold ...... ...... 799 
 
GENERAL INDEX. 
 
 1473 
 
 SCPBEME COURT AND PROCEDURE THEREIN-Continued. 
 
 Judgment. 
 
 Admissions of fact in pleadings, judgment on. . .... 
 
 Affidaylt, necessary for protlioiiotary to examine . . .... 
 
 After trial .- . . .« 
 
 Against one of several defendants .... .... .... 
 
 Any judge may deliver judgment of court or any other ] 
 authorized . .... 
 
 Appeal from part of ... . .... 
 
 notice of to be left with prothonotary at Halifax 
 Attachment to enforce . . ... .... .... .... 
 
 Balance of successful counter-claim ... .... ... 
 
 Certificate, sufficient authority to sign .... .... 
 
 Change of parties after .... .... .... 
 
 Conditional, execution on .... .... .... 
 
 Contingent, execution on ... . .... .... 
 
 Costs for where defence arises after action brought. 
 Counter-claims, on. . .... .... .... , . , 
 
 County, lists of to be kept by prothonotary at Halifax 
 Date of, when pronounced in court . . .... ... 
 
 documents left with officer 
 Debt or liquidated demand . . .... 
 
 several defendants . , . . .... 
 
 debt and damages .... .... 
 
 detention of goods and damages ... 
 
 several defendants . . . 
 other actions .... .... .... 
 
 several defendants .... 
 
 setting aside judgment by default. , 
 third parties .... .... 
 
 Default of appearance: Sec. Default of Appearance. 
 
 amount of judgment and interest . . 
 at trial, of plaintiff or defendant . 
 damages unascertained .... 
 
 defendant out of jurisdiction .... 
 
 detention of goods . . .... 
 
 recovery of land .... .... 
 
 mesne profits and rent . . 
 several defendants .... .... 
 
 special or otherwise indorsed writ . . 
 pleading : .... .... .... .... 
 
 action to recover land . .... 
 
 mesne profits, rent, &c . . . . 
 
 several defendants 
 Delivery of pleadings ... .... 
 
 Discontinuance, on . . ... ... 
 
 Enforcing judgments. See Execution 
 Entry of : 
 
 after trial not without order 
 affidavit filed . . .... 
 
 at trial ... .... .... 
 
 certificate .... .... 
 
 certificates of judge 
 date of .... ... 
 
 delivery of pleadings on . . 
 examination of documents 
 for an act to be done .... 
 
 how made . ... 
 
 pursuant to order .... 
 
 return to writ, pursuant to 
 with leave to move . 
 wrong on facts .... 
 
 Execution of. Set Execution 
 
 y4 
 
 udge when 
 
 PAGE 
 
 877 
 902 
 886 
 836 
 
 902 
 952 
 954 
 904 
 8.57 
 902 
 907 
 904 
 904 
 863 
 849 
 963 
 902 
 902 
 865 
 865 
 866 
 866 
 865 
 
 .866-867 
 867 
 867 
 
 832 
 . . . 884 
 
 832 
 .828-829 
 832-833 
 . . . 833 
 
 83'3 
 ... 832 
 
 832 
 .865-867 
 
 866 
 .. 866 
 
 866 
 
 901 
 ... 864 
 903-911 
 
 ... 886 
 902 
 
 .884, 886 
 902 
 
 ... 886 
 902 
 
 ... 901 
 902 
 902 
 
 ... 901 
 902 
 902 
 
 ... 886 
 
 899, 900 
 
 .903-911 
 
1474 
 
 GENERAL INDEX, 
 
 SUPREME COURT AND PROCEDURE THEREIX— Continued. 
 
 Judgment. — Continued. PAGE 
 
 Existing rights saved ... .... .... • • • • . ■ ■ • • ^^ 
 
 Final; 
 
 affidavit for debtor to show cause .... .... .... ..912-913 
 
 on default of appearance ... .... .... .... .... 833 
 
 pleading . .... .... .... • . ■ • . . • • 865 
 
 examination of defendant before ... .... ... 834-835 
 
 interpleader, in .... .... .... .... .... ■ ■ 951-952 
 
 writ specially indorsed .... ... .... .... .... 834 
 
 Forms of judgment. See Appendix P .... .... 1051-1058 
 
 memorandum of service of notice of .... .... .... 1065, 1066 
 
 order to remove judgment from county court ... . .... 1091-1092 
 
 Further consideration 900-901 
 
 Includes decree .... .... .... .... .... .... .... 819 
 
 Injunction, motion to stay proceedings, instead of . .... .... 804 
 
 Interlocutory judgment : 
 
 damages, in action for .... .... . . 832-833 
 
 detention of goods on default of appearance or 
 
 pleading 832-8.33 
 
 Intel {)retation of term .... .... .... .... .... .... 819 
 
 Intervening parties .... .... .... .... .... 907-908 
 
 ( Issues determined . . .... ... .... .... . . .... 900 
 
 Land, judgment for, enforced .... .... .... 904 
 
 writ of possession .... .... .... .... .... .... 924 
 
 Motion for judgment 899-901 
 
 to set aside 899-900 
 
 Non-suit 886 
 
 Notice of motion for ' 899-900 
 
 Part of action, judgment for .... .... ; . . . .... .... 835 
 
 issues tried , .... .... .... .... .... .... 900 
 
 Partners, against .... .... .... .... .... .... 904-905 
 
 Payment into court, judgment for costs .... .... .... .... 860 
 
 Pending suits, in 801-802 
 
 Plaintiffs, for one or more ... .... .... .... .... .... 836 
 
 Postponing trial of part of cause . ... .... .... .... 900 
 
 Provisions in case judgment perfected before commencemeDt of Act .... 802 
 
 Records of dates, tiling, &c .... .... .... .... 961 
 
 Referee's report enforceable, as .... .... .... .... ..813-814 
 
 Relief to defendant on counter-claim .... .... .... .... 857 
 
 Return to writ sufficient authority to enter .... .... .... .... 902 
 
 Rules not to curtail right to enforce .... 90S 
 
 Satisfaction pieces . . .... .... . .... . 903 
 
 form of • 1058 
 
 Sequestration to enforce 904 
 
 Setting aside : 
 
 absence at trial .... .... .... .... .... .... 884 
 
 application where made. . .... .... .... .... 884 
 
 default judgment. ... .... .... 867 
 
 wrong judgment on facts found . . .... . .... . . 899-900 
 
 Signing for costs : 
 
 on accepting payment in court, in satisfaction . 860 
 
 discontinuance .... .... .... .... .... .... 864 
 
 Specially indorsed writs. .... .... .... .... . 834-835 
 
 affidavit of plaintiff .... .... 834 
 
 defendant 834-835 
 
 application how made .... .... .... , .... 834 
 
 part of claim, defence as to .... 835 
 
 several defendants. .... .... .... .... .... 835 
 
 showing cause against . . .... 834-835 
 
 Time for motion for . .... .... .... .... .... .... 900 
 
 by leave after service of writ ... , .... ,,,, .... 901 
 
GENERAL INDEX. 
 
 SCPREME COURT AND PROCEDURE THEREIN Continned. 
 
 Judgment. —Continued. 
 See, also, Appeal .... 
 
 Counter-claim. .,,. 
 
 Default of Appea*-ancte .... 
 
 Pleading 
 
 Entry of Judgment ..... 
 
 Execution .... 
 
 Leave to sign judgment a;nd defend .-. 
 
 Motion Jfor Judgment.. .... 
 
 OiEcers and tlieir documents ..... 
 
 Parties .... .... 
 
 Pleading., .... ..^. 
 
 JrRAT. 
 
 Defects in. .... .... ..... 
 
 Where more than one 4eponeat . . .... 
 
 (See Affida\dts and Depositions .... .... 
 
 ■Jurisdiction. 
 
 Defendant out of the jurisdictioii . .... 
 
 Of single judge .... 
 
 the supreme court .... 
 
 distributi-on of business by 
 to hear appeals .... 
 
 make rules. ... .... 
 
 regulate sittings. . . 
 refer questions .... 
 
 tTury. 
 
 Additional jurors for summer term ... .... 
 
 Addresses to . . . .... .... .... 
 
 Cases tried by jury . .... .... .... 
 
 Causes heretofore deemed of an equitable nature trieil 
 Dispensing with .... . . .... ... 
 
 Extra panel of petit jurors for spring term 
 Fines for non-attendance .... .... ... 
 
 Judge may direct trial by .... .... 
 
 Juries, special .... .... ... 
 
 Jurors for Halifax sittings .... 
 
 Lists of jury and non-jury trials 
 
 May be rei(uired to answer questions of fact 
 
 Non-jury causes tried at any time the judge may appoint 
 
 Notice to be given for ... 
 
 Plaintifif or defendant requiring must give notice 
 Report of referee to be equivalent to verdict of . 
 
 Special jury .... 
 
 Trial with jury to b^ with one judge .... 
 
 Waiver of . . .... .... .... 
 
 Verdict of j adge same as of jury . . .... 
 
 When causes to be tried before 
 
 See Sessions, Sittings, Vacation, &c 
 
 Triai 
 
 without 
 
 J'ury- 
 
 14,75 
 
 952-955 
 
 ss.i-sss 
 
 831-834 
 866-867 
 901-903 
 903-911 
 834-835 
 899-901 
 961-963 
 8.36-845 
 849-858 
 
 895 
 894^898 
 
 828-829 
 .. 807 
 gOl-802 
 806-807 
 
 815 
 .. 815 
 
 815 
 813-814 
 
 .. 959 
 
 885 
 807-808 
 
 881 
 .. 882 
 
 959 
 .. 958 
 
 808 
 .. 959 
 
 958 
 .. 884 
 
 .. 958 
 
 808 
 .. 808 
 
 814 
 882, 959 
 
 882 
 .. 808 
 
 808 
 .. 808 
 955-961 
 881-888 
 
 ■Justices of the Peace. 
 
 Affidavits of service of writs of summons may bfe sworn before .... 978 
 
 •Land. 
 
 Actions for recovery of ; forms of ... . 1034-1035 
 
 Entry on by Order 926 
 
 Sale of, under execution or foreclosure, when situate in adjoining courts 932 
 
 Suits for recovery of land, rents, &c. , by mortgagors ... .... 805 
 
 Action for recovery of : 
 
 Appearance limiting defence 831 
 
 lormof. ..... 985 
 
1476 
 
 GENERAL INDEX. 
 
 surrogate 
 
 ..817-818 
 .... 805-806 
 
 808 
 
 .... 1050-1051 
 
 ..802-806 
 
 802 
 
 . ,..802-806 
 
 SUPREME COURT AND PROCEDURE THEREIX-Continned. 
 
 Land. — Continued. FAOE 
 
 Action for recovery of : 
 
 Appearance by landlord so to state 8.31 
 
 person not named as defendant .... .... 831 
 
 Execution in, enforced by writ of possession 904 
 
 when it may issue .... .... . .... 906 
 
 Joining claims in .... 847-848 
 
 Judgment on default of appearance ... 8.33 
 
 form of 1052 
 
 for default of pleading ■ 866 
 
 Sale under foreclosure of mortgage 931-932 
 
 Service of writ in vacant possession ... .... . .... 827 
 
 Specially endorsed writ in certain landlord and tenant cases 822 
 
 Summary judgment where writ specially indorsed .... .... 8.34 
 
 Title need not be pleaded in action for land in certain cases . 858 
 
 Writ of possession , . 924 
 
 form of 1071 
 
 When in adjoining counties . . .... .... .... .... 932 
 
 See Sales by the Court 929-932 
 
 Law. 
 
 All courts to give effect to Rules of (except court of probate and 
 
 courts) .... .... . .... .... ... 
 
 Amendments of .... .... .... .... .... 
 
 Equity to prevail in cases of conflict not specified 
 
 Forms of defence including an objection in point of law .... 
 General directions as to administration of law and equity 
 
 Law and equity to be concurrently administered ... 
 
 Rules of law .... .... .... .... .... ... 
 
 Questions of law : 
 
 Abolition of demurrer .... .... . .... 863 
 
 Disposal of at trial or otherwise , . 863 
 
 In mandamus .... 936 
 
 Judgment wrongly entered on findings of fact . . 899-900 
 
 New trial for misdirection ... 898-899 
 
 Proceedings in lieu of demurrer . . 863 
 
 Special case raising questions of law . . 879 
 
 See Special Case 879-881 
 
 Libel. 
 
 Evidence in mitigation of damages / 885 
 
 Payment into court in action for, not allowable .... 858 
 
 Rule 26 of Order 34 not to apply to 885 
 
 Lien. 
 
 Amount of lien claimed may be paid into court 926-927 
 
 Of solicitor not to affect set-off for costs ... 968 
 
 Limitations, Statute of. 
 
 Inapplicable to breach of express trust .... 805 
 
 How pleaded . . .... . . . , 851 
 
 Liquidated Demand. 
 
 Indorsements for. ... 822 
 
 Taxation of costs in payment of . . .... . , , , .... 822 
 
 Liquidators' Accounts. • 
 
 Passed and verified as receivers' .... .... ,... ,.,. . 929 
 
 Lists. 
 
 Of causes to be made up . .... . . . _ 813 
 
 Prothonotary to keep lists of country judgments .... 963 
 
 Separate lists of jury and non-jury causes to be made up, how made up ' 884 
 
 Wan-ants of attorney and cognovit actionem , .... . , , , 962 
 
GENERAL INDEX. 
 
 1477 
 
 SUPREME COURT AND PROCEDURE THEREIN— Continued. 
 
 Local Venue. 
 
 None, except when otherwise provided by statute 
 
 Lost Writ. 
 
 Copy to be sealed and served in lieu of . . . 
 
 Lunatics. 
 
 Admissions in pleadings by . . .... 
 
 Appointment of guardian in Chancery Chambers 
 
 Consent to proceedings on behalf of 
 
 Default of appearance by 
 
 Estates of . . 
 
 How to sue or defend ... 
 
 Order for sale of realty of. . . 
 effect of. .... 
 
 conveyance . 
 
 Party to special case 
 
 Proceedings as to real estate of 
 
 Proceeds 5f sale under order, how 
 
 Report of sale to be filed 
 
 Service of notice of judgment or 
 writ on .... 
 
 PAGE 
 
 881 
 825 
 
 disposed of. 
 order on . 
 
 Malice. 
 
 Allegation of 
 
 Malicious Prosecution, 
 
 Form of pleadings 
 
 Mandamws. 
 
 Action of : 
 
 Claim on writ . . .' — 
 
 form of ... . . .... 
 
 Enforcement against corporation. .... .... 
 
 by attachment . . .... 
 
 ordering act to be done at expense of party 
 
 Extension of time . . 
 
 Judgment 
 
 Order substituted for writ ... 
 
 Power of Court .... 
 
 When may be granted by Court 
 
 Interlocutory : 
 
 Practice on granting 
 
 Prerogative Writ : 
 
 Application, how mad'e .... .--. 
 
 of Orders and Rules to 
 
 As to return, and form 
 
 form of ... . .... - - • • 
 
 Enforcement of peremptory writ .... .... 
 
 judgment by peremptory mandamus 
 
 Indemnity. .-.. 
 
 Interpleader in. .... . — ■•■- ••■' 
 
 Pleadings and proceedings on 
 
 Point of law raised • ■ • ■ _ 
 
 Protection to parties obeying 
 
 Return to be ma<le to fiirst writ 
 
 When peremptory in first instance ... 
 
 proceedings ncrt; to abate by deatb 
 
 Who to have conduct of proceedings 
 
 Marking. 
 
 PleadingSj bow marked • ■ 
 
 851 
 
 94.3 
 
 839 
 
 .... 831-8.32 
 
 929 
 
 .... 838-839 
 
 929-930 
 
 930 
 
 930 
 
 880 
 
 929-930 
 
 930 
 
 930 
 
 842 
 
 826 
 
 '852 
 
 1034 
 
 935 
 996 
 908 
 904-908 
 908 
 935 
 935 
 935 
 935 
 
 908, 926, 935 
 
 935 
 . .936-937 
 
 935 
 1076-1077 
 
 908 
 .... 936 
 
 936 
 .... 9.37 
 
 935 
 .... 9.36 
 
 936 
 .... 935 
 
 935 
 .... 936 
 
 936 
 
 .850 
 
1478 
 
 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continnedi 
 
 Marriage. page 
 
 In case of, Court may ordfer husband to be made a party or served with 
 
 notice 845-846: 
 
 Of any of the parties not to abate action 
 
 Married "Women. 
 
 Service when husband and wife both parties . . . 
 
 Sue and be sued", as provided by Married Women's Pl-operty Act 
 
 Special case .... .... .... .... .... 
 
 " Master.." 
 
 Meaning of term .... .... .... ..... .... 
 
 To be official referee .... .... . .... .. .. . 
 
 '■' Matter. " 
 
 Definition of .... .... . . ..... 
 
 May be used' arising after pleadings 
 
 Pending in Supreme Court . . ...... .... .... 
 
 Memorandum. 
 
 Of form of service of notice of judgment; . 
 
 notice of judgment .... .... .... 
 
 Merger. 
 
 Abolished in certain cases .... ...^ ..... ... 
 
 Mesne Profits. 
 
 Default, in action for . . . 
 
 Mis-joinder. 
 
 See Parties . . .... .... ... 
 
 Mis-Nomek. 
 
 In capias,. ...... ..... 
 
 Month. 
 
 Means calendar month. .. .... . ..... .^. 
 
 845: 
 
 826 
 838; 
 880> 
 
 977- 
 816 
 
 819> 
 
 862-863 
 
 ...804-976 
 
 1065 
 .. 1066 
 
 805 
 
 .... 83.?^ 
 
 .... 836-845 
 
 ..915-916 
 
 964, 
 
 ....931-932 
 
 931 
 
 . . . i6i3-1014 
 
 .... 93-2 
 
 9.32 
 
 966 
 
 805 
 833 
 939 
 
 Mortgage. 
 
 Assignment of' property and delivery of documents, . . 
 
 Foreclosure of mortgage .... . .... 
 
 forms .... .... .... 
 
 Lands, sale of, in adjoining counties. . .... .... 
 
 situate in adjoining counties bound by- 
 
 Mortgagee, right of, to costs out of particular estate or funds ... 
 
 Mortgagor's power to sue for possession, to distrain for rents or profits, to 
 prevent or recover damages in respect to trespass in his own 
 name' .... .... ... .... .... .... .... 
 
 Plaintiff claiming foreclosure or sale,, on what evidence entitled . 
 
 See, also, Chambers in relation to Chancery (or Equity) matters- 
 
 Motion for Judgment. 
 
 Admissions of facts in pleadings. . ..... ., 
 
 After trial by referee .... .... .... .... 
 
 of issues .... .... .... .... 
 
 Application to set aside where judgment wrongly entered 
 
 wrong judgment . . 
 
 Applications to be to the court .... .... .... .... .... 900 
 
 Inferences of fact on hearing .... .... 900-901 
 
 Judgment by motion for judgment. . . .... .... .... .... 899 
 
 on motion 900.-901 
 
 Limit of time for ... 900 
 
 Motion for judgment by- leave after service of writ.. ........ .... 90.1 
 
 877 
 900 
 900 
 900 
 
GENERAL INDEX. 1479 
 
 SUPREME COURT AND PROCEDURE THEREIN— Continued. 
 
 Motion eok Judgment. — Continued. page 
 
 Pending application turned into motion for judgment or hearing of cause, 901 
 
 Setting aside judgment by referee 900 
 
 down motions for judgment 899 
 
 Some only of issues found .... 900 
 
 Time for setting down ... 899 
 
 Within a year .... .... .... .... .... .... .... 900 
 
 Witnesses, directions for examination of on motion for judgment ..... 901 
 
 See Judgment 899-90.3 
 
 Motions and other Applications ... 932-934 
 
 Abolition of rules nisi in actions 932 
 
 in certain other cases .... 932 
 
 Adjoamment of . . . . .... .... .... .... .... .... 933 
 
 Application to Court or Judge in court to be by . . . .... .... 9,32 
 
 for moneys in court ... .... .... .... .... 934 
 
 Ex parte by leave .... .... 933 
 
 Failure to give notice, effect of 933 
 
 Length of notice .... 933 
 
 Notice to parties affected .... .... .... .... .... 932 
 
 dispensed with in certain cases .... .... . .... 932 
 
 to defendant who has not appeared 933 
 
 sheriff 9.33-934 
 
 state grounds . . 932-933 
 
 Order, date of '934 
 
 Prerogative mandamus .... .... .... .... .... . ■ • • 935 
 
 Service of notice of ... . 933, 975 
 
 Statement of persons to be served with petition 934 
 
 Time between notice and motion . .... .... .... .... 933 
 
 for hearing a petition . . .... .... .... .... .... 934 
 
 Writ, no order for return of ... . .... .... .... 933 
 
 service of notice of motion with .... 933 
 
 See, also, New Trial 898-899 
 
 Judgment ..899-901 
 
 MuLTIFAKIOtrSNESS. 
 
 See Joinder of Causes of Action . 847-848 
 
 Multiplicity of Peoceedings. 
 
 To be avoided 804-805 
 
 New Assignment. 
 
 Abolished 862 
 
 NewTkial 898-899 
 
 Amendment of notice .... • • • ■ ■ • ■ 898 
 
 Application to be by notice of motion, not by rule nisi 898 
 
 . to court (in banc) ... 898 
 
 Contents of notice of motion for . . _ 898 
 
 Court of appeal may order ioa oqq 
 
 Grounds for granting or refusing one 
 
 Judge who has presided at jury trial not to hear motion 898 
 
 New trial as to part, not to affect other findings onn on? 
 
 Power to enter judgment on motion for oqq 
 
 Rules nisi for ; abolished . . ". 898 
 
 Security when proceedings stayed 899 
 
 Stay of proceedings 89 J 
 
 Time to serve notice of motion for 89s 
 
 Where application made 898 
 
 Next Friend. 
 
 Consents by, to procedure 839 
 
 Infant to sue by sqs roq 
 
 Lunatic, when to sue by ed8-8d» 
 
1480 
 
 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIJf— Continned. 
 
 Next Friend. — Gontinued. page 
 
 Not to be added without consent. .... . 839 
 
 Written authority of to be filed 839 
 
 NoN-ooMPLiA-N'OE ' 976-977 
 
 By creditors and in chancery chambers ... .... 947 
 
 Costs of dismissal of summons on application to set aside for irregularity 977 
 
 Effect of 976 
 
 Not fatal 976 
 
 Objection to irregularity must be stated 977 
 
 On in egularity . 976-977 
 
 Prompt application . . . 976-977 
 
 With rules of court 976 
 
 any rule of practice or procedure .... 976 
 
 NOJT-JOINBEK 837 
 
 &« Parties 836-845 
 
 Not Guilty by Statute. 
 
 How pleaded ... ... 
 
 No other plea .... .... 
 
 Plea same effect as before .... .... 
 
 Notice. 
 
 Of summons in chancery chambers by advertisement . 
 
 trial .... 
 
 writ by advertisement 
 
 Notice in- Lieu op Service op Writ. 
 
 Application to set aside . .... .... .... 
 
 Time for appearance .... .... .... 
 
 When defendant foreigner out of jurisdiction 
 
 Notice of Motion on Appeal. 
 
 form of notice . 
 order . . 
 
 857 
 
 ..850-851 
 
 . 850-851 
 
 .944-945 
 883-884 
 
 831 
 . . . 829 
 
 828-829 
 
 .983-984 
 
 1088 
 
 Appeals to court to be brought by in a summary way . . .... .... 952 
 
 Appellant may appeal from whole or any part of judgment or order by 952 
 
 Court may direct service of on any person not a party, &c . . 952-953 
 
 amend as may seem fit . 
 No petition, case or other formal proceeding necessary than 
 
 Notices. 
 
 Affidavits of solicitors or their clerks evidence of service 
 
 Forms of. (Appendix B. ) 
 
 General provisions . .... .... . . . . 
 
 Hours for service 
 
 How to be received in evidence .... .... .... ... 
 
 Mode of service .... .... .... .... .... 
 
 Of court, service by post .... .... .... .... . . . 
 
 To be in writing unless expressly authorized to be given orally 
 What solicitors and clerks may make affida\'its of service of . . . 
 Particular Notices ; 
 
 Limiting defence in ejectment .... 
 
 form of . 
 
 Of appearance by landlord 
 
 disputed claim in chancery chambers 
 
 judgment to do a specific act . . 
 
 order or judgment in administrations, &c 
 
 form 
 order, &c. , on person under disability 
 
 trial 
 
 To sheriff to bring in body . . . 
 
 third party . 
 
 -See Trial 
 
 953 
 952 
 
 ... 974 
 997-1009 
 ... 974 
 
 964-965 
 ... 974 
 
 974^975 
 
 ... 975 
 
 974 
 
 ... 974 
 
 831 
 
 ... 985 
 
 831 
 
 ... 948 
 
 902 
 
 841-842. 944 
 
 ..1065, 1066 
 
 .... 842 
 
 883-884 
 
 ..933-9.34 
 
 843-845 
 
 ..881-888 
 
aENERAL INDEX. 
 
 1481 
 
 SUPREME COURT AND PROCEDURE THEREIIf- 
 
 Oaths. 
 
 -Continued. 
 
 Affidavits, before whom sworn ... .... .... 
 
 Authority to administer 
 
 Clerk's oath on commission to examine witnesses . . 
 
 Commissioner's, on commission .... 
 
 Interpreter's, form of on commission . . 
 
 Judge's oath of office .... 
 
 ' ' Oath " includes solemn affirmation and statutory declaration 
 
 On commission to examine witnesses .... 
 
 Service of writs of summons . .... 
 
 Witnesses on commission to examine ..... .... .... 
 
 See Affidavits and Depositions 
 
 Examination of Witnesses 
 
 Office Copy. 
 
 Authenticated copies .... .... .... .... 
 
 Certified copies to be evidence ... .... 
 
 copy of affidavit . '. . . 
 
 Officeks and their Documents. 
 
 Authenticating documents ... 
 
 Bill of items, prothonotary to furnish .... .... .... 
 
 Books to be kept at prothonotary's office and entries therein 
 Certiorari, commissioners allowing .... .... .... 
 
 Clerks of Crown .... .... .... .... . 
 
 Country judgments, lists of to be kept 
 
 Dates of judgments, record of 
 
 Documents numbered and dated . . 
 
 Duties of officers, judge's power to make rules regulating 
 
 Enrolment of judgment or order unnecessary 
 
 Filed papers not to be taken away 
 
 Fines, statement of ... . .... . — .... 
 
 Forms to be used by .... .... .... 
 
 Ha'ifax prothonotary to keep lists of country judgments 
 
 Indexes or calendars to the files or bundles of all documents to be 
 
 Officers of court, their duties regulated by rules of court 
 
 Pending business 
 
 Progress of cause, certificate of 
 
 Record of time of filing documents to be kept .... 
 
 Seals of prothonotaries .... 
 
 Securities to prothonotary as obligee, how enforced 
 
 W^arrants of attorneys, lists to be kept 
 
 Official Referee. 
 
 Appointment and duties .... .... .... • . • • 
 
 See Referee. 
 
 Opinion. 
 
 Of court may be taken on questions of law, before trial of questions of 
 
 fact ... 
 
 Order. 
 
 Amendment of slips and errors in . . . 
 
 Definition of 
 
 Drawing up in chancery chambers . . . 
 Form provided for at chambers . . . 
 
 form of 
 
 Forms of orders 
 
 Hours for serving ... .... 
 
 May be enforced as judgment 
 
 Mode of service 
 
 Substituted for writ of capias .... 
 
 injunction . . 
 mandamus 
 
 PAGE 
 
 894 
 
 891, 96.3 
 
 1080 
 
 ... 1079 
 
 1079-1080 
 
 800 
 
 .. 819 
 
 891 
 
 .. 978 
 
 1079 
 
 894-897 
 
 889-892 
 
 kept 
 
 961 
 889 
 896 
 
 961 
 96.3 
 961 
 963 
 962 
 963 
 961 
 961 
 816 
 961 
 962 
 962 
 962 
 963 
 961 
 816 
 801-802 
 962 
 961 
 961 
 962 
 962 
 
 816-817 
 
 879 
 
 
 .... .... UJi7 
 
 869 
 
 
 819 
 
 
 946 
 
 
 939 
 
 
 1081 
 
 
 1080-1110 
 
 
 964-965 
 
 
 907 
 
 
 974-975 
 
 
 914 
 
 
 927 
 
 
 
 935 
 
1482 
 
 GENERAL INDEX. 
 
 SUPREME COURT ASD PROCEDURE THEREIIf-Continned. 
 
 Order. — Continued. 
 
 Substituted. for writ of replevin 
 
 See Execution .... .... .... .... 
 
 Interlocutory Order .... .... .... .... ... 
 
 Judgment . .... .... .... .... .... 
 
 Orders. 
 
 Absconding Debtors : 
 
 generally .... 
 
 subsequent attachers , 
 
 execution 
 
 the agent ... .... . . .*. 
 
 special bail 
 
 trial and re-hearing . . 
 
 Account, application for .... 
 
 Accounts, issues, inquiries ... 
 
 Action : form and commencement of 
 joinder of causes of . . 
 matters arising, pending . 
 
 Additional Ru'es ... 
 
 Address, indorsement of.. 
 
 Admissions . .... 
 
 Affidavits, generally 
 
 in chambers .... 
 trial on 
 
 Amendment . .... , 
 
 Appeals 
 
 Appearance . 
 
 Application for account . . 
 
 Applications and motions .... 
 
 .^rrest of defendant 
 
 Assignment of choses in action 
 securities 
 
 Attachment . .... . 
 
 of debts . 
 
 Business pending 
 
 Case, special .... .... 
 
 Causes of action, joinder of . . , 
 
 Chambers .... 
 
 equity 
 
 Change of parties 
 
 Choses in action, assignment of 
 
 Claim, indorsement of . 
 
 statement of . . .... 
 
 Companies, foreign ;.-.. 
 
 Concurrent writs 
 
 Costs ... .... 
 
 Counter-claim and defence .... 
 
 Court, payment into .... 
 
 sales by .... 
 
 Debtors, absconding . 
 
 Debts, attachment of . .... 
 
 Defence and counter-claim 
 
 Defendant, arrest of . . .... 
 
 Default of appearance .... 
 
 pleading . . 
 
 Delivery, writ of 
 
 Demurrer, proceedings in lieu of 
 
 Directions, summons for . . 
 
 Disclosure by solicitors 
 
 Discontinuance . . .... 
 
 Discovery and inspection . . , 
 
 Entry of judgment .... 
 
 .(Or. XLVL, rr.-I to 5). 
 
 ( „ M M 6 ,1 12) .. 
 
 .( n „ „ 13 „ 14) 
 
 ( „ „ „ 15 „ 19) .. 
 
 .( M „ r. 20) .... 
 
 ( rr. 21 and 22) 
 
 .{ M XV., rr. 1 and 2) .. 
 
 .( „ XXXII. , rr. 1 to 10 
 
 ( M I., rr. 1 and 2). 
 
 .( „ XVIII., rr. 1 to 9). 
 
 ( „ XXIV., rr. lto.3) .. 
 
 (Or.'iv.,rr.'i'to3 . "".. 
 .( „ XXXI., rr. 1 to9) . 
 ( „ XXXVI., rr. ltol9). 
 
 .( " M M 20 M 24) 
 
 ( 
 
 ....( 
 
 ..( 
 
 ( 
 ( 
 
 ...( 
 
 25 
 1 
 1 
 
 XXVIII., „ 
 
 LVIL, 
 
 XII., 
 
 XV., 
 
 LII., 
 
 XLIV., „ 
 
 LXL, r. 1). 
 
 LXII., 1. 1) 
 
 XLn.,rr. 1 to2) .. 
 XLIIL, I. r. 1 to9) ... 
 
 30).. 
 14) 
 17).. 
 1 „ 18) 
 1 and 2) , 
 1 to 16) 
 1 M 13) . 
 
 LXVII., 
 
 r. 
 
 r. 1 and 2) 
 
 XXXIII 
 
 ■J 
 
 1 Ito 7) 
 
 XVIII., 
 
 
 1 1 ,1 9) 
 
 LI v.. 
 
 
 II 1 M 15) 
 
 LV., 
 
 
 II 1 II 49) 
 
 XVII., 
 
 
 1, 1 ,1 10) 
 
 LXL, r. 
 
 1). 
 
 
 IIL, rr. 
 
 1 to 7) 
 
 XX., r. r. 1 to 6) ... 
 
 XLVII. 
 
 ri 
 
 . 1 to 7) . . 
 
 VL, rr. 
 
 1 and 2) ... 
 
 LXIIL, 
 
 rr. 
 
 1 to 22) . . 
 
 XXL, 
 
 II 
 
 1 ,1 20) 
 
 XXIL, 
 
 „ 
 
 1 1, 16) . . 
 
 LL, 
 
 II 
 
 1 1, 12) 
 
 XLVL, 
 
 II 
 
 1 II 23) . . 
 
 XLIIL, 
 
 II 
 
 1 II 9) 
 
 XXL, 
 
 II 
 
 1 II 20) .. 
 
 XLIV., 
 
 II 
 
 1 II 15) 
 
 XIII. . 
 
 ,1 
 
 1 II 13) .. 
 
 XXVII. 
 
 > '1 
 
 1 1, 14) 
 
 XLIX., 
 
 
 1 and 2) . . 
 
 XXV., 
 
 II 
 
 1 to 5) . 
 
 XXIX., 
 
 II 
 
 1 II 3) . . 
 
 VIL, 
 
 II 
 
 1 and 2) 
 
 XXVI. , 
 
 „ 
 
 1 to 4) . . 
 
 XXX. 
 
 II 
 
 1 II ,30) 
 
 XXXIX 
 
 ., rr, 1 toll) 
 
 PAGE 
 , . . 917 
 
 903-911 
 .925-928 
 899-903 
 
 ... 919 
 
 920 
 
 ... 921 
 
 921-2 
 
 ... 922 
 
 922 
 
 835 
 
 .871-879 
 
 820 
 
 ...847-8 
 
 862-3 
 
 ... 978 
 
 823 
 
 ...876-7 
 
 894^896 
 
 ...896-7 
 
 897-8 
 
 .867-869 
 
 952-955 
 
 .829-831 
 
 835 
 
 .932-934 
 
 914-916 
 
 ... 965 
 
 965-966 
 
 ... 912 
 
 912-914 
 
 ... 976 
 
 879-880 
 
 ..847-84 
 
 937-939 
 
 939-950 
 
 845-847 
 
 ... 965 
 
 821-2 
 
 ...854-5 
 
 923-4 
 
 . . . S24 
 
 966-974 
 
 .855-858 
 
 858-861 
 
 . 929-932 
 
 919-922 
 
 , 912-914 
 
 855-858 
 
 .9149-16 
 
 8318-34 
 
 865-867 
 
 925 
 
 ... 863 
 
 869-870 
 
 ...824-5 
 
 864 
 
 .870-875 
 
 ,901-903 
 
GENERAL INDEX. 
 
 148S 
 
 SUPREJIE COURT AND PROCEDURE THEREIN-Conlinuefl. 
 
 ( . 
 ( - 
 ( 
 ( 
 
 ■ A 
 
 ( 
 
 ■ ■( 
 
 ( 
 ..( 
 
 ( 
 • ■( 
 
 ( 
 ..( 
 
 ( 
 
 ■ ■( 
 
 ( 
 
 ..( 
 
 ( 
 
 ....( 
 
 Ordeks. — Continued. 
 
 Equity Chambers .... (Or. 
 
 Evidence .... .... .... ( 
 
 Execution . . 
 
 and sequestration writs of 
 Form rnd commencement of action 
 
 Foreign companies 
 
 Genei-al rules .... .... 
 
 Indorsement!^ of claims . 
 Inspection and Discovery .... 
 
 Interlocutory orders .... 
 
 Interpleader .... .... 
 
 Interpretation . . 
 
 Issue of writs of summons . . . 
 
 Issues inquiries and accounts . 
 
 Judgment, entry of . . 
 
 motion for 
 
 summary 
 
 Joinder of causes of action 
 Jurisdiction service out of ... . 
 
 Mandamus . . 
 
 Motion for judgment .... 
 
 new trial .... 
 Motions and other applications 
 Non-application of rules. 
 
 Non-compliance . .... 
 
 Notices. .... .... 
 
 Officers and their documents . . 
 Orders, interlocutory .... 
 
 service of . . . .... 
 
 Parties . .... .... 
 
 change of . . . 
 
 Payment into court .... 
 
 Pleading, default of . . .... 
 
 genei ally .... 
 
 Pending the action, matters arising 
 Proceedings in lieu of demurrer . 
 
 Possession, writ of . . . 
 
 Renewal of writ 
 
 Replevin 
 
 Reply 
 
 Rules, additional 
 
 general ... .... ... 
 
 Bou-application of ( 
 
 Sales by the court .... ■ - • - , ( 
 
 Securities, assignment of ... . . . . . ( 
 
 Seqnestratiou, writs of and execution ( 
 Service of orders .... .... . . . . ( 
 
 writ of summons, 
 out of jurisdiction. . . . 
 
 substituted .... 
 
 Sessions, sittings and vacations 
 Sittings, sessions and vacations 
 
 Special case 
 
 Statement of claim ... ( 
 
 Substituted service 
 
 Summons for directions 
 
 issue of writs of 
 
 service of . . .... ( 
 
 writ of 
 
 Time 
 
 .Trial 
 
 • ■( 
 
 LV., rr. 1 to 49) 
 XXXV., rr. I to3S) 
 XL., rr. I to 47) 
 XLL.rr. 1 to4).... 
 I., r r. 1 and 2).. 
 XLVIL,rr. 1 to7). 
 LXX., rr. 1 to 3) 
 IIL, rr. 1 to7) .... 
 XXX., rr. 1 to 30) . 
 
 L., rr. 1 to23) 
 
 LVL, rr. 1 to.15) . 
 LXIX., rr. 1 and 2) 
 v., rr. 1 to6).. 
 XXXIL, rr. 1 to 10) 
 
 AA.A-1-X^.j n n H ) 
 
 XXXVin.,rr. 1 to 12) 
 XIV., rr. 1 to6) 
 XVIIL.rr. 1 to 9) 
 XL, rr. I to 5). 
 LIIL, rr. 1 to 15).. 
 XXXVIIL, rr. 1 to 12) 
 XXXVIL, rr. 1 to 8) 
 LILvrr. 1 to 16) 
 LXVL, rr. 1 and 2) 
 LXVIIL, rr. 1 to4). 
 LXIV., rr. 1 and 2 
 LIX., rr. 1 to 17) . 
 
 L., rr. 1 to23) 
 
 LXV.,rr. ItoS) . 
 XVL, rr. 1 to56).. 
 XVIL, 1 to 10) 
 XXIL, rr. 1 to 16). 
 XXVIL,rr. 1 to 14). 
 XIX., rr. 1 to 30).. 
 XXIV.,rr. lto3) . 
 XXV., rr. 1 to5)... 
 XLVIIL, rr. 1 to4). 
 VIIL, rr. 1 to 3)... 
 XLV., rr. 1 to9) . 
 XXIIL,rr. 1 to 6). 
 
 LXX., rr. 1 to 3) .. 
 LXVL,rr. 1 and 2) . 
 LL.rr. 1 tol2).... 
 
 LXII., 1, 1) 
 
 XLL,rr. 1 to4)... 
 LXV., rr. 1 to8) . 
 IX., rr. 1 tolO).... 
 XL, rr. 1 to 5) 
 
 X.) 
 
 LVIIL,rr. lto25) . 
 LVIIL.rr. 1 to 25) , 
 XXIIL.rr. 1 to 7) . 
 XX.,rr. lto6) 
 
 X.,) 
 
 XXIX., rr. lto3) . 
 V.,ir. lto6) .... 
 IX., rr. 1 to 10) 
 II., rr. lto6) .... 
 LX., rr, 1 to9), 
 XXXIV., rr. 1 to 48) 
 
 PAGE 
 
 939-950' 
 
 .888-893 
 
 903-910 
 
 .911-912 
 
 820 
 
 ...923-4 
 
 978 
 
 ...821-2 
 
 870-875 
 
 .925-929 
 
 950-952 
 
 ... 977 
 
 823-824 
 
 .877-879 
 
 901-903 
 
 .899-901 
 
 834-5 
 
 ...847-8 
 
 828-9 
 
 .935-937 
 
 899-901 
 
 ...898-9 
 
 932-934 
 
 ... 976 
 
 976-7 
 
 ... 974 
 
 961-963 
 
 925-929 
 
 974-5 
 
 .836-845 
 
 845-847 
 
 .858-861 
 
 865 
 
 .849-853 
 
 862-3 
 
 ... 863 
 
 924 
 
 ... 825 
 
 917-919 
 
 ... 862 
 
 978 
 
 ... 978 
 
 976 
 
 .929-932 
 
 965-6 
 
 .911-912 
 
 974-5 
 
 ...826-7 
 
 828-9 
 
 ... 827 
 
 955-961 
 
 955-961 
 
 .879-880 
 
 854-5 
 
 827 
 
 869-870 
 
 ...823-4 
 
 826-827 
 
 ... 821 
 
 964-5 
 
 .881-888 
 
1484 
 
 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN— Continued. 
 
 ....(Or. LVIIL, r. 1 to 25) 
 
 ( 
 .( 
 
 ( 
 ..( 
 ..( 
 
 ( 
 
 XLIX.,rr. 1 and 2) 
 XLVIII.,rr. 1 to 4) 
 II., rr. 1 to 6) 
 XLI.,rr. lto4) 
 v., rr. 1 to 6) 
 IX., rr. 1 to 10) 
 
 Orders. — Continued. 
 
 Vacations, sittings, sessions. . 
 
 Writ of delivery 
 
 possession ... .... 
 
 summons 
 
 Writs of execution and sequestration 
 summons, issue of . . . 
 
 service of .... 
 Orders, Service op. 
 
 Affidavits of service, what to contain . .... .... 
 
 Constructive service .... 
 
 Original need not be shown except for attachment 
 
 Party suing in person afterwards employing solicitor 
 Service of documents where personal service not necessary 
 
 . by post . .... .... 
 
 on solicitor appearing for person not a party .... 
 
 Where no appearance or no address .... . . . . 
 
 personal service not necessary what to be sufficient 
 
 Oricinating Summons. 
 
 Adjournment ... .... .... .... . . . . 
 
 Administrations and trusts . . 
 
 Appearances to be entered .... .... .... . . . 
 
 Form and issue of . . . .... .... .... .... 
 
 Indorsement on, when not served 
 
 Interpretation of term .... .... .... 
 
 Time of service . . .... . . . . 
 
 Outstanding Rules. 
 
 Existing rules nisi and orders nisi, how disposed of 
 
 Paper. 
 
 For argument . . .... .... .... .... 
 
 Pleadings for judge . 
 
 Particulars. 
 
 Forms of orders for .... .... ... .... 
 
 Further and better . .... .... .... .... 
 
 Order for, no stay of proceedings 
 
 Time for pleading after delivery .... .... 
 
 When to be stated in pleading ... .... 
 
 PAGE 
 
 955-961 
 ... 925 
 924 
 ... 821 
 911-912 
 ...823-4 
 826-7 
 
 . . . 975 
 
 975 
 ... 974 
 
 975 
 97-^975 
 
 975 
 . . . 975 
 
 975 
 .974^975 
 
 943 
 .940-942 
 
 943 
 . . . 943 
 
 943 
 . . . 977 
 
 937 
 
 976 
 
 956 
 
 884 
 
 . 1084^1085 
 .... 850 
 
 850 
 .... 850 
 
 850 
 
 Parties. 
 
 Abatement, parties may be added .... 
 
 Adding parties : 
 
 at any stage of proceedings . . . 
 bankruptcy, death or marriage .... 
 beneficiaries in addition to trustees 
 by motion or summons before trial 
 in a summary way at trial .... 
 
 on notice .... . 
 
 third parties .... .... 
 
 Additional plaintiff 
 
 how added .... .... 
 
 statement of claim 
 
 Additional defendant 
 
 amendment of writ of service . . 
 
 statement of claim. . 
 Administrations .... .... .... 
 
 Amendment, how and where made ... .... 
 
 Appearance by new .... .... .... 
 
 third 
 
 846 
 
 837 
 846 
 837 
 837 
 837 
 
 837, 843 
 843 
 
 836, 837 
 837 
 838 
 837 
 838 
 838 
 
 840-843 
 
 .837-838 
 846 
 
 .843-844 
 
GENERAL INDEX. 
 
 1485 
 
 SUPREME COURT AND PROCEDURE THEREIN -Continued. 
 
 Parties. — Continued. 
 
 Assignment .... .... 
 
 Beneficiaries may be joined, added, or substituted .... 
 
 Change of parties .... .... .... 
 
 adding new ex parte .... .... .... 
 
 after judgment. . .... .... .... 
 
 application to discharge order 
 
 by persons under disability . . 
 time for .... .... .... 
 
 assignment pendente lite .. .... .... 
 
 bankruptcy . .... .... .... .... 
 
 death . . .... .... .... .... 
 
 successor in interest may be joined .... 
 
 effect of order ... 
 
 marriage. ... .... 
 
 husband may be joined. . .... 
 
 service of order .... 
 
 Character of parties to be endorsed on writ .... 
 
 forms of indorsement .... .... 
 
 Class : 
 
 one may sue or be sued on behalf of a 
 
 representative of a, unascertained .... .... 
 
 Counter-claim, persons interested in to be added. , . .... 
 
 wliere misjoinder of co-plaintiflf .... 
 
 Co-partners 
 
 Death of . . . .... 
 
 Defective action, parties may be added ... 
 
 Defendants jointly or severally 
 
 Devolution of estate of . . .... .... .... 
 
 Doubt as to proper parties ... 
 
 doubtful plaintiff .... .... .... 
 
 Executors and administrators alone . . .... 
 
 beneficiaries may be added 
 
 Firm, actions in name of ... . .... 
 
 Forms of indorsement of character of ... . .... .... 
 
 Heir-at-law, enquiry as to . . . 
 
 Infants sue by next friend .... 
 
 appear by guardian . . .... .... .... 
 
 form of affidavit by solicitor appearing for 
 
 Interpretation of term ' ' Party " 
 
 Interrogatories by 
 
 Joinder of parties . . .... .... .... 
 
 Jointly and severally liable 
 
 Lunatics . .... .... .... - ; ■ . .... 
 
 Marriage of . . 
 
 Married women .... . ■ ■ • 
 
 Misjoinder not to defeat action . . .... 
 
 affect counter-claim. .... .... 
 
 Mortgagor suing alone, when .... .... .... 
 
 Non-joinder 
 
 Notice to third party ... .... 
 
 Next of kin .... . • • • 
 
 Numerous parties may be represented by one .... .... 
 
 One person carrying on business in name of firm 
 
 Original in new capacity .... .... .... • • • • 
 
 Partners can sue and be sued in name of firm . . 
 
 Paupers by and against . • ■ • • 
 
 Plaintiff, joinder of . . • • • • • • • 
 
 Representative character to be endorsed on writ 
 
 forms of such indorsements .... 
 
 Representation of a class . • • • 
 
 Residuary legatee 
 
 . . . . 845-846 
 
 .... 837 
 
 . . . . 845-847 
 
 .... 846 
 
 907 
 
 .... 846 
 
 .... 846-847 
 
 .... 846 
 
 845 
 
 .... 845 
 
 845 
 
 ..845-846 
 
 846 
 
 .... 845 
 
 .... 845-846 
 
 .... 846 
 
 822 
 
 ..996-997 
 
 .... 840-841 
 
 ..840-841 
 
 856 
 
 .... 836 
 
 838 
 
 .... 845 
 
 845 
 
 .... 836 
 
 845 
 
 .... 837 
 
 836 
 
 .... 837 
 
 837 
 
 .... 838 
 
 .... 996-997 
 
 ..840-841 
 
 838 
 
 .... 839 
 
 .... 987-988 
 
 .... 819 
 
 .... 870-875 
 
 .... 837 
 
 836 
 
 ..838-839 
 
 . . . . 845-846 
 
 .... 838 
 
 837 
 
 .... 836 
 
 805 
 
 .... 837 
 
 843 
 
 ..840-841 
 
 8.37 
 
 .... 838 
 
 846 
 
 .... 838 
 
 .... 839-840 
 
 .... 836 
 
 822 
 
 ..996-997 
 
 .... 840-841 
 
 .... 841 
 
1486 
 
 GENERAL INDEX. 
 
 SUPREME COURT ASD PROCEDURE THEREIN^Continued* 
 
 Parties. — -Gonlinued. 
 
 Service with notice of leave .... .... .... 
 
 on continuing parties .... .... 
 
 motion dismissed where parties not served . 
 Serving new defendants with statement of claim 
 Striking out .... .... .... .... .... 
 
 Substituted plaintiff .... .-. ■ . ■ ■ ■■■ 
 
 application for substitution . . .... .... 
 
 Ihird parties : 
 
 appearance by . . . v . . . . 
 
 contribution against .... .... 
 
 default of appearance by .... 
 
 pleading by ... . .... 
 
 defence by . . . .... .... 
 
 defendant may bring in ... . .... 
 
 execution by and against . . ■. . 
 form of notice .... .... .... 
 
 of counter-claim, 
 garnishee , .... .... .... 
 
 indemnity against .... .... 
 
 indorsement of writ aerVed on .... 
 
 form of . . .... 
 
 issues affecting ... .... .... 
 
 notice to ... . .... .... 
 
 recovery of land . . .... .... 
 
 reply to counter-claim by .... 
 
 service of counter-claim on .... 
 
 summons to . . .... .... 
 
 writ of summons . . .... .... 
 
 Trustees represent beneficiaries .... .... 
 
 Wrong plaintiff .... .... .... .... 
 
 See Administration and Execution of Trusts. . . 
 
 Change of Parties by Death . . 
 
 Defence and Counter-Claim .... .... 
 
 Parties (Generally) . . .... .... .... 
 
 Partners 
 
 Persons under Disability .... .... .... 
 
 Paupers .... .... .... .... .... 
 
 Third Party Procedure ... .... .... 
 
 Partition. 
 
 Evidence on ... . .... .... .... .... 
 
 Form of praecipe for commission of . . . . .'. . 
 
 Form of statement of claim for, or sale of real estate 
 Where notice of judgment or order for, to be given . . . 
 
 plaintiff claims foreclosure, administration or partition, entitled to 
 judgment on what evidence .... .... .... .... 
 
 Partners. 
 
 Appearance by ... . .... .... .... .... 
 
 persfln sued as firm .... .... .... 
 
 Disclosure of partners when plaintiffs sue as firm .... 
 
 Form of disclosure .... .... .... .... .... 
 
 Judge or court may direct names of firm to be furnished .... 
 
 May sue or be sued in name of firm . . .... .... 
 
 One person carrying on business in name of firm, how sued 
 
 Pauper. 
 
 Affidavit verifying case .... 
 
 Assignment of solicitor or counsel .... .... .... 
 
 Case before counsel . .... .... .... .... 
 
 
 843 
 
 
 .... 846 
 
 
 933 
 
 
 .... 838 
 
 
 837 
 
 . '. . k . . ■. 
 
 .... 836 
 
 w. .. V 
 
 83? 
 
 
 .... 85? 
 
 
 . . . 843-844 
 
 
 843^844, 844 
 
 
 867 
 
 
 ..843=-844 
 
 
 803 
 
 
 ..907-908 
 
 
 . . . 997-998 
 
 
 .... 998 
 
 
 ... 913,914 
 
 
 . : . . 843 
 
 
 857 
 
 
 998 
 
 
 867 
 
 1. . . . . 1, . 
 
 ..803, 843 
 
 
 830 
 
 
 .... 857 
 
 
 857 
 
 
 .... 857 
 
 
 85? 
 
 
 .... 837 
 
 
 836 
 
 
 ..840-843 
 
 
 . . . 845-847 
 
 
 ..855-858 
 
 
 . . . 836-838 
 
 
 .... 838 
 
 
 . . . 838-839 
 
 
 . . . 839-840 
 
 w.w 
 
 843-845 
 
 
 833 
 
 
 .... 1062 
 
 
 ...1017-1018 
 
 . . k .... 
 
 ..841-842 
 
 833 
 
 830 
 
 830 
 
 824-825 
 
 1084 
 
 .... 824-825 
 
 838 
 
 838 
 
 840 
 
 840 
 
 839 
 
GEKEEAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIIV-Contlnued. 
 
 Pauper. — Continued. 
 
 Duties of pauper's solicitor .... .... .... 
 
 Freedom from court fees ....'....' 
 
 Prohibition as to giving or taking fees 
 
 Rules as to proceedings as . . . .... .... , , . . 
 
 Suing as .... .... . , , . .... 
 
 Taxation of costs of. .... .... 
 
 Payment. 
 
 1487 
 
 tAGB 
 
 840 
 . . . 840 
 
 840 
 .8,39-840 
 
 839 
 . . . 840 
 
 Of disputed chose in action, debtor, trustee, &c,, may pay the same into 
 
 supreme court . . i .... .... _ gog 
 
 The manner of payment into and out of court to be subject to reguUtions 
 
 in Appendix M .... , , . . . _ _ ggj 
 
 Payment into and out of Court and Tender. 
 
 Acceptance by plaintiff in satisfaction , , . , 
 
 time limited for . . .... 
 
 notice to defendant ... , , , . 
 
 form . , .... . , 
 Application to convert stock, &c. . .... .... 
 
 Claim satisfied by payment to be specified 
 
 Costs taxed .... .... .... .... 
 
 Counter-claims, payment may be made by plaintiff . . 
 Debt or pecuniary damages .... .... .... 
 
 Execution to enforce payment in ... . .... 
 
 How appropriated .... .... . , . , 
 
 made . .... .... .... .... . , 
 
 In consolidated actions .... .... .... 
 
 Interim order for payment in .... .... 
 
 Judgment for costs after acceptance .... 
 
 form of judgment 
 
 Lien claimed, payment into court ordered. 
 
 Money to remain in court if not accepted .... 
 
 of persons under disability 
 how invested .... .... 
 
 paid in previous to Rules . 
 subject to control of court .... 
 
 Notice of payment (before defence) 
 
 form of ... . .... .... 
 
 of acceptance in satisfaction 
 form of ... - .... .... 
 
 Payment into court, how appropriated, 
 out to plaintiff .... .... 
 
 solicitor on written authority 
 to be pleaded in defence .... ... 
 
 Plaintiil may accept or refuse ... .... .... .... 
 
 Provisions relating to payment of money into and out of court 
 be provisions relating to practice and 
 
 Rules in Appendix M .... .... 
 
 Signing judgment for costs if not paid ... 
 
 Taxation for costs after acceptance in full satisfaction 
 
 Tender .... .... .... .... 
 
 Time for payment. . . .... .... ..... 
 
 limited for acceptance in satisfaction . . .... 
 
 When admissible .... .... 
 
 Where lien claimed, payment in ordeied .... . . 
 
 With leave after defence .... .... .... 
 
 Appendix M. .... .... 
 
 Accountant-General to invest according to order of court or judge 
 
 and report. .... .... 1133 
 
 Books to be kept by prothonotary and Accountant-General .... 1134 
 Books to be kept by prothonotary and Accountant-General to be 
 
 open to inspection . . .... .... 1134 
 
 deemed to 
 procedure 
 
 860 
 .... 860 
 
 860 
 ..860, 999 
 
 861 
 .... 868 
 
 860 
 .... 860 
 
 858 
 
 .... 904 
 
 860-861 
 
 .... 858 
 
 860 
 .... 925 
 
 860 
 
 1056-1057 
 
 926-927 
 
 . . 859 860 
 
 861 
 .... 861 
 
 861 
 .... 861 
 
 858 
 ..858, 999 
 
 860 
 .... 999 
 
 860 
 ..858-859 
 
 859 
 
 858 
 
 859 
 
 816 
 861 
 860 
 
 .. 860 
 858 
 
 .. 858 
 860 
 858 
 
 926-027 
 
 858 
 
 1133'1134 
 
1488 
 
 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN— Contiaued. 
 
 Payment into and out of Court and Tender. — Continued. page 
 
 Report to be made annually by prothonotary and Accountant-General 1134 
 When money la to be invested, prothonotary shall pay over to 
 
 Accountant-General .... .... .... 1133 
 
 When securities are to be sold, &o., Accountant-General to carry out 
 
 directions and report 1133 
 
 Penalty. 
 
 For taking excessive fees .... 969 
 
 Leave to compound penal action . . .... .... .... .... 927 
 
 Notice when part goes to the Crown . . 927 
 
 Order to compound, what to state .... .... .... .... 927-928 
 
 Queen's half, how appropriated .... .... 928 
 
 Pending Action. 
 
 Confession of defence . . 863 
 
 form 863,999 
 
 Pleading matters arising .... 862, 863 
 
 before statement of claim ... .... .... .... .... 862 
 
 after statement or claim .... .... .... .... 862-863 
 
 Pending ArpMCATioN. 
 
 May be turned into motion for judgment, when 
 
 Pending Business. 
 
 At what stage Rules to apply . .... 
 
 Provisions as to ... . .... .... .... 
 
 Rules nisi and orders nisi outstanding .... 
 
 Perishable Goods. 
 
 Power to make order for sale of .... .... 
 
 Perpetuation or Testimony. 
 
 . Action to perpetuate testimony . . 
 
 Attorney-General may be made defendant .... 
 
 No examination before action .... .... 
 
 Trial not necessary . .... 
 
 Person. 
 
 Interpretation of term ... .... .... 
 
 Personal Representative. 
 
 901 
 
 976 
 
 ..801-802 
 
 976 
 
 ..920,925 
 
 893 
 893 
 893 
 893 
 
 977 
 
 May be made party to action or served with notice in case of death of any 
 
 of the parties to an action .... .... . . 845-846 
 
 Petition. 
 
 Address for service on . . . .... .... .... 
 
 Evidence on, by affidavit .... .... .... 
 
 Election petitions .... 
 
 Exception of petitions from certain rules of pleading 
 For purchase money to be paid into and out of court 
 Hours for serving ... .... .... .... 
 
 In cases of appeal not to be necessary .... .... 
 
 Interval between service and hearing . .... 
 
 Mode of serving .... .... .... .... 
 
 No new pleading except petition or summons . . 
 Persons to be served, statement of .... .... 
 
 ' ' Petitioner " includes applicant by motion or summons 
 ' ' Plaintiff " includes petitioner . . .... .... 
 
 ' ' Pleading " includes petition .... .... .... 
 
 Service .... .... .... .... 
 
 823 
 .. 894 
 
 807 
 .. 851 
 
 934 
 964-965 
 
 952 
 .. 934 
 974-975 
 .. 851 
 
 934 
 .. 819 
 
 819 
 .. 819 
 974-975 
 
GENERAL INDEX. 
 
 1489 
 
 SUPREME COUKT AND PROCEDURE THEREIN -Continned. 
 
 Pleading. 
 
 Abatement, plea in, abolished .... .... 
 
 Admissions of facts not denied ... .... 
 
 denial to be specific, or by necessary implications . . 
 except as against infants and lunatics . . .... 
 
 All facts must be pleaded to prevent surprise . . 
 
 Alternative reliance on several contracts or relief . . .... 
 
 Amendment of pleading .... 
 
 Bankruptcy of parties ... 
 
 Bill of exchange, &c., loss of not to be set up as defence 
 
 •Barden of proof .... 
 
 Claim, statement of . 
 
 Close of pleadings .... .... 
 
 by default of pleadings 
 
 Condition of . mind .... 
 
 Conditions precedent need not be averred 
 Confession of defence .... .... 
 
 Consideration for bill of exchange 
 
 Contents of ... . .... .... 
 
 Contracts implied from letters, conversations or circumstances, 
 contract to be alleged as a fact with general reference 
 Copies delivered on entry for trial .... .... .... 
 
 to be certified by prothonotary ... .... 
 
 Costs : 
 
 confession of defense arising after action brought 
 
 drawing pleadings and documents (Appendix N. ) 
 
 facts improperly denied or admitted .... 
 
 prolixity of 
 
 Counter-claim 
 
 Dates to be in figures 
 
 Damage, special, need not be alleged in certain cases 
 
 Default of . . . 
 
 Death of party .... 
 
 Defence ... 
 
 Definition of 
 
 Delivery of . . ...... ... 
 
 amended pleadings ... 
 
 by filing if no appearance entered ... 
 
 copy of pleadings at trial to prothonotary , 
 
 defence 
 
 in manner now in use 
 
 on entering judgment 
 
 second copy unnecessary on entering second judgment 
 
 reply 
 
 statement of claim ... 
 
 vacation 
 
 Demurrer abolished . 
 
 Denial must be specific .... 
 
 answer point of substance 
 
 not to be evasive ... 
 
 of contract . . 
 
 representative character to be specific .... 
 
 Discontinuance 
 
 Documents, contents of. , .. .... 
 
 disclosed in pleadings must be produced 
 
 Ejectment 
 
 Embarrassing to be struck out 
 
 Entry of judgment, copy of pleading to officers 
 
 Evasive denials 
 
 Evidence not to be stated ...... 
 
 , Executor, character as, to be specifically denied .... 
 
 95 
 
 .849 
 
 PAGE 
 
 .... 858 
 
 851 
 .... 851 
 
 851 
 .... 851 
 
 852 
 853, 867-869 
 
 845 
 .... 853 
 
 853 
 . .854-855 
 
 862 
 .... 867 
 
 852 
 .... 851 
 
 863 
 .... 853 
 
 849 
 
 .... 852 
 
 852-853 
 
 .... 884 
 
 884 
 
 .... 863 
 1134-1144 
 .... 856 
 849 
 849, 855-858 
 849 
 
 853 
 
 865-867, 868 
 
 845 
 
 855-858 
 
 .... 819 
 
 849 
 
 .... 869 
 
 850 
 
 884 
 
 856, 855-858 
 
 850 
 
 901 
 
 901 
 
 849, 862 
 849, 854-855 
 960 
 .... 863 
 851 
 .... 852 
 852 
 .... 832 
 856 
 .... 864 
 852 
 .... 872 
 .... 833 
 853 
 .... 901 
 852 
 ... 849 
 856 
 
1490 GENERAL INDEX, 
 
 SUPREME COURT AND PROCEDURE THEREIJf— Continned. 
 
 Pleading — Continued. PAGE 
 
 Facts not denied specifically taken to be admitted 851 
 
 except as against infants and lunatics 851 
 
 only to be stated 849 
 
 relied on to be raised 851 
 
 arising pendente lite .... 862-863 
 
 confession of, by plaintiff 863 
 
 costs 863 
 
 counter-claim ; 862 
 
 further defence or reply ... .... 862-863 
 
 Figures and not words .... 849 
 
 Filing, in what cases ... .850, 853 
 
 Forms of pleadings in various actions. 
 
 Appendix C. D., E. . . .1010-1035, 1035-1046, 1847-1051 
 
 Fraud, particulars in 850 
 
 Fraudulent intention 852 
 
 Further and better particulars 850 
 
 Implied contract or relation 852 
 
 Includes petition and summons 819 
 
 Inconsistent facts, with previous pleadings. ... 851 
 
 Interpretation of term ...... 819 
 
 Issues of fact settled i , 877 
 
 Joinder of causes of action ...... 847-848 
 
 issue... 851-852 
 
 close of pleadings by. . 862 
 
 no pleading after reply without leave ..... 862 
 
 Joinder of parties 836 
 
 Knowledge 852 
 
 Land, action to recover. See Land. 
 
 Leave to deliver after reply ...... 862 
 
 further defence or reply ..... 862-863 
 
 Legality or sufficiency in law must be denied . . 852 
 
 Loss of bill of exchange or other negotiable instrument 853 
 
 Mandamus 935-936 
 
 Marking, pleadings with : 
 
 date of delivery 850 
 
 description of pleading 850 
 
 letter and number 850 
 
 title of action . 850 
 
 Marriage of party ...... 845-847 
 
 Material facts to be stated .... 849 
 
 Matters arising after action brought ,.,.,. 862-863 
 
 Must be consistent with previous case ...... 851 
 
 Negotiable instrument, loss of 853 
 
 New assignment abolished ...... 862 
 
 amendment instead of .... . ...... 862 
 
 New grounds of claim only by amendment ...... 851 
 
 No technical objections to . . 853 
 
 Not guilty by statute 850-851 
 
 no other defence without leave. 850-851 
 
 Notice to be alleged without the form . . 852 
 
 Numerical figures 849 
 
 Paragraphs numbered ...... 849 
 
 Particulars in certain cases ...... 850 
 
 Payment into court. .,,,,. .... 858-861 
 
 Pendente lite, matters arising , ^, . . . 862-863 
 
 Possession of defendant in action for land ...... 858 
 
 Preliminary question of law ...... ...... 879 
 
 Presumption of fact . , 953 
 
 law ...... 852 
 
 Printed or written, or partly printed and partly written .... 850 
 
 Prohibition . . ...,., 976 
 
GENERAL INDEX. 
 
 1491 
 
 SUPREME COURT AND PJtOCEDURE THEREIN-Contlnned. 
 
 Pi/EADINO. — Continutd. 
 
 Prolixity, costs incurred 
 
 Release must be pleaded . . . . . ^ . . . . , . 
 
 Relief must be specifically stated . 
 
 ■Reply 
 
 Right as executor to denial specifically 
 
 -Rules substituted for old rules .... 
 
 may be made regulating ... 
 
 for payment of money into and out of court . . 
 
 Set-off. 84a 
 
 Setting aside judgment by default 
 
 Signature of solicitor or party necessary 
 Slanderous words spoken of a woman . . . 
 •Special damages need not be alleged in certain cases 
 
 •Specific denials ...... 
 
 Statements in to be in a summary form 
 
 brief . . 
 
 'Statement of claim 
 
 defence .... .... 
 
 reply 
 
 •Stating evidence, improper 
 
 material facts Lufficient 
 
 Statute of frauds 
 
 limitations 
 
 Striking out counter-claims 
 
 defence 
 
 pleadings ... 
 
 Subsequent to reply-, time for 
 
 leave required 
 
 Sums to be in figures .... 
 
 Technical objections not allowed on grounds of ferm 
 
 Third parties 
 
 Time for : 
 
 after particulars 
 
 amendment 
 
 close of pleadings .... 
 
 counter-claim, amendment of 
 
 reply to . 
 
 delivery of defence .... 
 
 reply 
 
 statement of claim 
 enlargement of .... .... 
 
 set-off, amendment of .... 
 
 Trial, delivery of pleadings on entry for . . , 
 
 Undue influence, particulars in 
 
 Vacation .... .... .... 
 
 What facts must be pleaded . 
 
 "Written or printed 
 
 Wilful default, particulars in .... 
 Woman, slanderous words spoken of .... 
 Written alteration by way of amendment , 
 
 Point of Law. 
 
 How raised .... .... 
 
 Possession. 
 
 Affidavit of service of judgmeirt before issuing writ of 
 
 ■Eifect of writ of .... ...■ 
 
 Mortgagor may sue for, if no notice from mortgagee to take 
 •Service of writ, where vacant possession . . 
 Separate execution for possession and for costs 
 "Writ of possession ,.,. 
 
 PAGE 
 
 ..849, 972 
 851 
 .... 855 
 862 
 .... 856 
 ■849 
 ..815-816 
 861 
 857, 854-857 
 867 
 ... 849 
 853 
 ... 853 
 851 
 . . . 849 
 849 
 . .854-855 
 .856, 855-858 
 .... 862 
 849 
 ... 849 
 851-852 
 ... 851 
 849 
 864, 873-874 
 853 
 862 
 862 
 849 
 853 
 803,843-845 
 
 850 
 867 
 862 
 868 
 857 
 
 .855-858 
 862 
 
 .854-855 
 964 
 868 
 884 
 850 
 960 
 851 
 850 
 850 
 853 
 
 924 
 924 
 805 
 827 
 924 
 924 
 
1492 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN—Contlnued. 
 
 Poundage. PAGE 
 
 To be levied under writ of execution.. 905 
 
 Praecipes. 
 
 Forma of (Appendix G.) 1058-1066 
 
 Precedence. 
 
 Of chief justice .... .... .... .... 800 
 
 Other judges . . .... .... 800 
 
 Vacancy in office of chief Justice .... .... 978 
 
 Preliminary. 
 
 Questions of law may be heard prior to trial .... 879 
 
 PREfeOGATIVE MANDAMUS 935-936 
 
 Preservation of. Property. 
 
 See Interlocutory Order 925-926 
 
 Printing. 
 
 Affidavits when evidence on trial taken by affidavit 898 
 
 Evidence and documents to be used at argument ... .... .... 956-957 
 
 Pleadings may be printed or written, or partly printed and partly written 830 
 
 Rules for printing' case for argument . . .... .... . . . 956-957 
 
 Special case .... .... 879-880 
 
 Term "Case" in Rule (780) to include appeal papers, rules, minutes of 
 evidence, statement of case, affidavits, exhibits, report of trial, 
 and all other matter for argument .... 957 
 
 ■ Procedure. 
 
 Additional Rules may be made by judges. .... .... . 815-815 
 
 Business, pending . . .... .... .... .... .... .... 976 
 
 Chambers 937-939 
 
 Chancery Chambers 939-950 
 
 County Courts ■ 817-818 
 
 Divorce or other matrimonial causes. . .... ..... .... .... 976 
 
 Efteet of non-compliance . . . : .... .... 976-977 
 
 Existing before first day of October, 1884, to remain in force where no 
 
 provision made by Act or Rules .... .... .... .... 978 
 
 Practice or procedure in criminal proceedings unaffected . .... 975 
 
 Probate and surrogate courts .... .... .... .... .... 818 
 
 Prohibition .... .... .... .... .... .... .... 976 
 
 Provisions of the Act and Rules to be preferred in construction . .... 818 
 
 certain statutes to remain in force until abrogated, repealed 
 
 or amended by Rules made under Judicature Act . 818 
 Referees, procedure before regulated .... .... .... .... 814 
 
 Supreme court forms and methods of procedure in force previous to first 
 of October, 1884, when not inconsistent with Act or Rules, may 
 
 continue to be used . .... .... . .... .... 815 
 
 Trial by jury 807-809,882 
 
 When cause pending 802 
 
 judgment, decree, order or rule perfected before first of October, 
 
 1884 802 
 
 matters and proceedings not perfected . . .... . . 801-802 
 
 Proceedings. 
 
 Action, other than 820 
 
 Amendment, if defect or error in ... . .... .... .... .... S69 
 
 Other than action .... .... .... .... .... 820 
 
 Production or Documents. 
 
 Before examiner .... , . 888-892 
 
 For inspection . . .... .... .... .... .... .... 872 
 
 Notice to produce . . .... .... .... , . , . ■ . . . , .... 877 
 
GENERAL INDEX. 
 
 1493 
 
 SUPREME COURT AND PROCEDURE THEREIN-CoHtinned. 
 
 PitoDUCTiON OF Documents.— Co)ii!imMeA 
 
 Stibpcena duces tecum ... .• . . . 
 
 forms of .... .... .... 
 
 See Discovery and Inspection 
 
 Prohibition. 
 
 Application of certain rules to .... 
 
 Cause in supreme court not to be restrained by 
 
 Form of writ .... .... 
 
 Injunction may be granted by interlocutory order of tlie oourt 
 Pleadings in 
 
 Prolixity. 
 
 Costs of in writs and indorsements 
 
 in affidavits. , . .... .... .... 
 
 discretion of taxing authority .... .... 
 
 pleadings . . .... .... .... .... 
 
 title of aifidavits .... .... .... 
 
 Interrogatories may be set aside .... .... .... 
 
 Pleading to be a summary statement 
 
 Promissort Note. 
 
 Action on, writ may be specially indorsed 
 
 All or any persons severally or jointly, and severally liable 
 
 joined as parties .... .... .... .... 
 
 Form of statement of claim . . .... .... .... 
 
 defence .... . .... .... .... 
 
 Loss of, not set up as defence .... .... . . 
 
 See Bills of Exchange. 
 
 Property. 
 
 Absent or absconding delators .... 
 
 Detention, preservation and inspection of . .... .... 
 
 Interim preservation of ... . .... .... .... .... 
 
 Sale of perishable .... .... .... .... .... 
 
 stock or goods of perishable nature of absent or absconding 
 Where property to be replervied is concealed .... 
 
 Prothonotary. 
 
 Definition of term 
 
 Duty of with decision .... .... 
 
 to furnish bill of items when required 
 
 To group -causes for argument before court at Halifax . . 
 
 examine bills of costs .... .... .... 
 
 keep record of attachments .... 
 
 When may tax costs .... .... 
 
 See Officers and their Documents .... 
 
 iQuESTioifs OF Fact. 
 
 Consent to pay money and costs on findioigs 
 
 Entry of judgment on findings .... 
 
 Issues by consent and order .... .... .... 
 
 Jury may be required to answer in certain cases .... 
 
 May be referred by judge in certain cases . .... 
 
 Recording proceedings on issue ... 
 
 Without pleadings ..... .... 
 
 Questions of Law. 
 
 Abolition of demurrer .... 
 
 Judgment wrongly entered on findings of fact .... 
 New trial for misdirection ... .... .... .... 
 
 Proceedings in lieu of demurrer . . 
 
 .Special case raising questions of law. . ....... 
 
 See also Law. 
 
 pace 
 
 .891, 892-893 
 
 .... 1074 
 
 . . . 870-875 
 
 .... 976 
 804 
 
 .... 1076 
 806 
 
 .... 976 
 
 821 
 .... 894 
 
 972 
 '..849-850 
 
 894 
 .... 871 
 
 849 
 
 on may be 
 
 debtor 
 
 822 
 
 836 
 1019 
 1040 
 
 853 
 
 919 
 926 
 925 
 925 
 920 
 918 
 
 977 
 . . . 809 
 
 963 
 ... 815 
 
 969 
 . . . 914 
 968-969 
 .961-963 
 
 881 
 . . . 881 
 
 880-881 
 . . . 809 
 
 813-814 
 . . . 881 
 
 880-881 
 
 . . . 863 
 899 
 
 .898-899 
 863 
 
 .879-880 
 
1494 
 
 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continued. 
 
 Real Estate. pagit 
 
 Allowance of meome out of ..»> 92T 
 
 Amendments of law as to ... . .... .... .... .... .... 805 
 
 Bound by a judgment or mortgage, situate in adjoining counties . 932' 
 
 Conduct of sale of . . .... . .... .... .... 927 
 
 Foreclosure, partition, &c 833-834, 931 
 
 Infants, estate of 929-930 
 
 Heir-at-law as party to action 840-841, 841, 842 
 
 " " " ... 841 
 
 929-930' 
 
 ... 833 
 
 83.5 
 
 . . . 931 
 
 932 
 
 .828-829 
 
 92* 
 
 .939-950 
 
 Legatee with charge on 
 
 Lunatics, estate of .... .... .... 
 
 Mesne profits and damages .. .... 
 
 Recovery of. . .'. 
 
 Sales of ... . .... .... .... .... .... . 
 
 Situate in adjoining counties ... .... 
 
 Nova Scotia, service on defendant out of jurisdiction . 
 Writ of possession .... .... ... .... .... 
 
 See Chancery Chambers .... .... . . 
 
 Receiver. 
 
 Application ear parte to appoint. 
 
 Adjournment for security to be given 
 
 Deposit of cotrepleted accounts in prothonotary's oSSce' . . . 
 Form oi accounts. (No. 13, Appendix L.) . . . . .... 
 
 statement of claim for ... .... .... ... 
 
 Indorsement of claim for .... .... 
 
 Interlocutory order for .. . ..... .... ... 
 
 Passing accounts by 
 
 Penalty for neglect .... .... ... 
 
 Power to. appoint ... .... 
 
 Security to be given by . . .... 
 
 form of security. (No. 19, Appendix L. ) 
 
 Verification o* accounts .... .... ... 
 
 form erf (Ko. 20, Appendix L.) .... 
 
 Record. 
 
 Covmty Cixirt record transferred to. Supreme Court . . . , 
 
 Entry of findings of fact, and certificates of judge at trial 
 
 How made up . . .... .... .... . . . , 
 
 Supreme Court to continue to. be a^ court of ... . .... 
 
 Withdrawal of. 
 
 RECTinCATMN. 
 
 Statement of claim in action for . 
 
 Referees. 
 
 Adoption or variation of report on further coosideratioa . . , 
 
 Authority of referee 
 
 Control of court over referee .... 
 
 Effect of findings or report . . .... .... 
 
 Evidence and procedure before .. . . .... 
 
 Enforcement of report .... .... .... 
 
 Forms of orders of reference .... . . .... 
 
 Generally, provisions respecting 
 
 Judge may appoint in case death, refusal to act, &o 
 
 Motion to set aside judgment of .... . 
 
 limit of time for. . . 
 
 No authority to commit .... .... .... 
 
 Notice of referee's report .... .... . . . . . 
 
 Ofiieial referees, appointment of .... .... .... 
 
 Power to direct judgment to be entered . . . . . . 
 
 form of judgment ... .... 
 
 submit questions to court .... .... . . . . 
 
 as to discovery .... .... .... .... 
 
 to order trial before special or offiqiaL ..... . . .. . 
 
 .. 806, 92e 
 
 .... 92a 
 
 920 
 
 1122-1124 
 
 .1012, 1016 
 
 .... 821 
 
 . 806, 926: 
 
 .... 928. 
 
 928 
 
 .... 806: 
 
 928 
 
 .... 1120 
 
 920 
 
 .... 1130 
 
 81T 
 886 
 901 
 801 
 864 
 
 .... 1016 
 
 887 
 
 .... 886 
 
 . 813-814 
 
 .... 814 
 
 886 
 
 ..813, 814 
 
 .1093-1095 
 
 886-887 
 
 879 
 
 .... 900 
 
 900 
 
 .... 886 
 
 887 
 
 ..816-817 
 
 886 
 
 .... 1054 
 
 . 886-887 
 
 .... 886 
 
 882 
 
GENERAL INDEX. 
 
 1495 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continued. 
 
 Referees. — Oontinued. 
 
 Reference for inquiry and report 
 
 Remuneration of, determined by court. ... 
 
 Report of referee . . .... 
 
 To be officers of the court .... 
 
 To sit de die in diem .... .... .... 
 
 Trial and proceedings before 
 
 Relief. 
 
 All remedies to be granted and multiplicity of suits avoided .... 
 
 Equitable to plaintiffs and defendants 
 
 Common law rights, recognition of 
 
 Counter-claims and third parties. 
 
 Indorsement on writ of relief claimed 
 
 Power to grant relief to defendant and third parties 
 Separate causes of complaint. .... 
 See Execution. 
 Interpleader. 
 
 Renewal OF W BIT 
 
 Evidence of . .... 
 
 Execution . .... .... 
 
 evidence of . . 
 Form of memorandum for . . . 
 
 notice of 
 
 order for . . 
 
 praBcipe for renewal . 
 Leave to renew within twelve months 
 
 Lost writ 
 
 Renewal for six months 
 
 Rents. 
 
 Form of statement of claim for . . .... 
 
 Mortgagors, in certain cases, may sue for 
 
 Repeal. 
 
 Powers of court to 
 
 Of certain rules .... 
 
 List of Orders, Rules of Court and Statutes 
 
 Repealed Rule. 
 
 When not revived . . 
 
 Replevin 
 
 Affidavit for, to be filed before issue of order . 
 
 form of .... 
 
 Bond to sheriff 
 
 form of 917-918, 
 
 Defendant may retain possession on giving security 
 
 Form of bond to retain property. .... .... 
 
 Order for, form of .... .... .... .... 
 
 Return to order, what to contain .... . ... 
 
 Search of defendant's person and premises 
 
 Service of order .... .... .... .... ... 
 
 when to be made 
 
 Sheriff's duty, on receipt of order .... 
 
 When property concealed, building may be broken open after demand 
 
 Writ abolished, order subistituted .... 
 
 form of order 
 
 R/BPLT AND subsequent PLEADINGS. 
 
 Amendment to supersede new assignment. 
 Forms 
 
 PAGE 
 
 .813-814 
 814 
 
 .886-887 
 814 
 
 . . . 886 
 
 886, 887 
 
 ,804-805 
 802-803 
 , . . 804 
 
 803 
 , . . 821 
 
 803 
 . . 855 
 
 . . . 825 
 825 
 
 .906-907 
 907 
 
 825, 984 
 1007 
 
 . .. 1089 
 1063 
 
 . . . 825 
 825 
 
 . . . 825 
 
 989 
 
 805 
 
 815-816 
 
 . . . 820 
 
 1144 
 
 ... 978 
 
 917-919 
 
 ... 917 
 
 917, 1108 
 
 .917-918 
 
 108-1109 
 
 ... 919 
 
 1109 
 
 1107 
 
 ... 918 
 
 918 
 
 ••• 917 
 
 917 
 
 ... 917 
 
 918 
 
 917 
 
 1107-1108 
 
 862 
 1047 
 
1496 GENERAL INDEX. 
 
 SCPKEME COURT AND PROCEDURE THEREIN-Continued. 
 
 R»PLY AMD SCBSEQUENT PLEADINGS. — Ooniinued. PAGE 
 
 Leave necessary after reply .... .... .... . — .... 862 
 
 New assignment abolished . . .... .... ■ • - . • • • ■ ■ ■ • • 862 
 
 Pleadings closed on joinder . .... .... .... .... 862 
 
 Time for pleadings after reply .... . ' .... .... • • • • 862 
 
 limited for reply . .... .... .... .... 862 
 
 Where counter, claim pleaded .... 862 
 
 Representative. 
 
 Action by, on behalf of estate ... 837 
 
 Deceased person .... .... . . 842-843 
 
 Denial of representative capacity .... . . .... 856 
 
 Heir-at-law 840-841 
 
 Nextofkin 840-841 
 
 Representative action 837 
 
 Writ by or against .... . .... .... .... 822 
 
 Retainer. 
 
 Declaration to be made by solicitor on demand .... .... .... 824 
 
 No retaining fee to counsel on taxation as between party and party.. 974 
 
 Return. 
 
 Notice to sheriff, if not complied with, to entitle person to apply for order 
 
 for commital ... .... .... .... .... — . 933 
 
 Service of writ of summons, before whom sworn .... .... .... 978 
 
 Revised Statutes. 4th Series. 
 
 Chapters 89, 94 and 95, to remain in force until abrogated, repealed or 
 amended by Rules made under Act (except in so far as provisions 
 of altered by Act) . . .... .... . .... 818 
 
 RuLE.s eor the Concurrent Administration of Law and Equity. 
 
 (1.) Plaintiff to be entitled to relief on equitable grounds. . .... 802 
 
 (2.) Defendant to be entitled to relief on equitable grounds. ... . 803 
 
 (3. ) counter-claims and third parties ... .... 803-804 
 
 (4. ) Equities appearing incidentally . .... .... .... .... 804 
 
 (5.) Defence or stay of proceedings instead of injunction or prohibition, 804 
 
 (6. ) Common law and statutory rights and duties . .... 804 
 
 (7.) Complete justice to be done in every case as far as possible . .804-805 
 
 Rules or Court. 
 
 Court or majority of judges present at any meeting for that purpose held, 
 may annul or alter and amend and make further or additional 
 
 Rules of Court 815 
 
 Particularly : 
 
 (1.) To regulate sittings of court andjiidges in chambers. . 815 
 
 (2.) the pleading, practice and procedure, and the 
 
 rules of law in certain cases . . .... 815 
 
 (3.) For hearing of appeals, matters brought up by writs of 
 certiorari from courts or officers ; hearing and argu- 
 ments of rules nisi or appeals from any one judge ; 
 for regulating the selection of judges to hear, 
 arguments on appeals, or rules mm ; and for 
 regulating practice on such arguments. . . .... 815 
 
 (4.) Generally to regulate practice and procedure, costs and 
 matters deemed expedient for the better attaining 
 
 the ends of justice .... .... 816 
 
 Interpretation of term "Rules". .... 818 
 
 Judges to continue to have power to make Rules . .... .... 816 
 
 List of, repealed .... .... .... 1144 
 
 May mollify statutes in certain cases. .... .... 816 
 
 Official referees .... .... .... .... .... .... 816-817 
 
 Provisions relating to payment into or out of courts, what deemed to be. 816 
 
GENERAL INDEX. 1497 
 
 SUPREME COURT AND PROCEDURE THEREIN Continued. 
 
 Rules op Court. — Continued. page 
 
 Repealed on address of Legislature ... .... 817 
 
 Rules of 1884 not to affect criminal or divorce proceedi^igs. . .... 976 
 
 Stamps and cancellation of.. .... 817 
 
 To be laid before Legislature 817 
 
 published in Royal Oazette .... 816 
 
 regulate distribution of business 816 
 
 duties of officers of court . .... .... 816 
 
 have force after publication va. Royal Gazette .. . .... 816 
 
 Rules of Law. 
 
 Declared by this Act shall apply to all courts in Nova Scotia (except the 
 
 court of probate and surrogate courts therein). .... . .817-818 
 
 Upon certain points declared, viz. : 
 
 ( 1 . ) Statute of Limitation inapplicable to express trusts ... 805 
 
 (2.) Equitable waste 805 
 
 (3.) Merger .... 805 
 
 (4.) Suits for recovery oi land, rents, &c,, by mortgagors .... 805 
 
 (5.) Assignment of debts and choses in action .... .... .... 805 
 
 (6. ) Stipulations not of the essence of contracts .... .... 806 
 
 (7.) Mandamus, injunctions and receivers .... .... 806 
 
 (8. ) Custody of infants .... .... 806 
 
 (9. ) Cases of conflict not enumerated 806 
 
 Rules Nisi. ' 
 
 Abolished in actions .... .... .... .... . .... 932 
 
 certain other cases . . .... .... .... .... 932 
 
 motions for new trial .... .... .... .... .... 898 
 
 Prerogative writ of mandamus ... .... .... 935 
 
 Sale. 
 
 In interpleader .... .... 952 
 
 Judge to approve sale, and all parties to join .... 931 
 
 Of goods of a perishable nature .... . . 920, 925 
 
 property, sale by auction or private contract ... .... 939 
 
 Power to order sale of real estate .... .... ... - .... .... 931 
 
 Sales by the court 929-932 
 
 Title may be referred to counsel .... .... .... 931 
 
 Under will, administrations, execution of trust, &c 927 
 
 Value to be fixed by affidavit .... • • . . 931 
 
 Sales by the Coi;rt. 
 
 Foreclosure : 
 
 Assignment of property and delivery of documents 931-932 
 
 Property in adjoining counties ... .... . . • • . • . ■ • . • . 932 
 
 Sales of mortgaged property, how ordered in behalf of subsequent 
 
 encumbrancers 931 
 
 Generally : 
 
 Affidavits as to value .... . • • - 931 
 
 General power to order sale of real estate .... .... .... 931 
 
 Judge to approve sale, and all parties to join .... .... 931 
 
 Title may be referred to counsel . • • • 931 
 
 Lunatics' and infants' estate : 
 
 Elfect of order for sale , . 930 
 
 conveyance .... • • • • • • • • 930 
 
 sale ... .... .... .... . • • • » • • ■ • • • ■ 930 
 
 Proceedings as to real estate of lunatics, infants, &c 929-30 
 
 Proceeds of sale under order, how disposed of 930 
 
 Samples. 
 
 Order to take 926 
 
1498 
 
 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIJf-Conlinaed. 
 
 Satisfaction Pieces. page 
 
 Form of 903, 1058 
 
 How signed .... .... .... 903 
 
 Scandalous Matter. 
 
 May be ordered to be struck out of any statement 8.53 
 
 Objection to answering interrogatories containing . . 871 
 
 Restriction on cross-examination .... .... .... .... .... 885 
 
 Striking out from affidavits .... 895 
 
 interrogatories 871 
 
 pleadings 853 
 
 Scientific Investigations. 
 
 Cases requiring may be tried before referee .... 814 
 
 Seals. 
 
 Authentication of documents and copies by prothonotary's seal 961 
 
 Of prothonotaries ... 961 
 
 the Supreme Court ... .... ' 801 
 
 Search. 
 
 Certificate of proceedings by prothonotary 962 
 
 Indexes to files or bundles of all document open to public ... 961 
 
 Prothonotary to keep proper books open to public .... 961 
 
 Warrants of attorney, &c., lists of to be kept and open to public 962-963 
 
 Securities. 
 
 Appeal security on, how regulated ... .... .... 954 
 
 Assignment of to sureties .... .... .... .... .... 965-966 
 
 Before execution against absent or absconding debtors . . .... . 921 
 
 Bond on arrest under capias ' .... 915 
 
 to sheriff on replevin ... .... .... .... . , . 917-918 
 
 How plaintiff may obtain security in suits against absent debtors .... 923-924 
 
 Security to retain property replevied . 919 
 
 Transfer by execution ... .... .... .... .... 909 
 
 When made to prothonotary aa obligee, how enforced . . .... 962 
 
 Security for Costs. 
 
 Amount, time, manner and form , .... 967 
 
 Court Or judge Shall direct deposit or security on appeal 954 
 
 may direct security in case of subsequent attachers . . 920 
 
 Security by bond tb party ... 967 
 
 Time for, how computed . .... .... .... . 964 
 
 Where plaintiff resides out of Nova Scotia .... .... .... 967 
 
 Seduction. 
 
 Form of claim for .... .... 1031 
 
 Trial of by jury 807-808 
 
 Sequestration. 
 
 Corporation, judgment against enforced by .... .... 908 
 
 Disobedience to order to do act within limited time .... .... 91 1-912 
 
 Effect of writ of 912 
 
 Form of prsecipe for writ of ... . 1059 
 
 writ of 1068-1069 
 
 Judgment for recovery of certain property enforced by 904 
 
 Not to be issued for costs without leave ..., .... 912 
 
 Payment of money into court enforced by. .... 911-912 
 
 Proceeds dealt with as formerly in chancery ... 912 
 
 Service. 
 
 Acceptance of service by solicitor. 
 
 826 
 
 attachment for not entering appearance 830 
 
GENERAL INDEX. 1499 
 
 SUPREME COURT AND PROCEDURE THEREIN-Conlinued. 
 
 Service. — Continued. iagk 
 
 Address for service : 
 
 defendant appearing in person .... .... 830 
 
 defendant's solicitor .... 830 
 
 illusory address set aside .... 830 
 
 plaintiff 's address 823 
 
 proceedings may be posted up in certain cases . 830 
 
 Affidavit of service : 
 
 day of service to be mentioned in .... 827 
 
 before whom sworn in certain cases. . . .... 978 
 
 default of appearance , on 832 
 
 form of affidavit of service. . . . .... .... .... 1008 
 
 what to state ... .... .... .... .... .... . — 975 
 
 Appeal, service of notice of .... 952-953 
 
 Body of persons, on. .... .... .... .... .... . . ■ ■ 827 
 
 Contribution, service of notice of claim for 843-844 
 
 Corporations, on ... . 827 
 
 Costs of services .... 1135-1136 
 
 Counter-claim, service of order on third party affected by .... .... 857 
 
 Court notices, may be sent by post 975 
 
 Date of, to be indorsed on writ 827 
 
 Defendants added, service on 837 
 
 Discovery, service of order for .... .... . . . • . — • • • ■ 874 
 
 Dwelling-house, service at 827, 831-832 
 
 Filing to be service in case of non-appearance 850, 975 
 
 Garnishee, on . . .... .... .... .... .... • • • ■ 913 
 
 of order on to bind debts . .... 913 
 
 Guardian .... .... 826 
 
 Hours for effecting 964-965 
 
 Husband and wife, on . . . 826 
 
 Indorsement of time of .... • • • • 827 
 
 Infant, on , 826 
 
 Inspections, service of order for .... 874 
 
 Intervening party, on . . . .... — . .... ■ • • ■ • • ■ ■ 857 
 
 Land, action to recover, service in. . .... .... 827 
 
 Lunatic, on ... . .... .... • • • ■ 826 
 
 not so found .... .... .. .■•■ ••■• ■••■ 826 
 
 New trial, setvice of order to show cause .... .... 898 
 
 Notice in lieu of writ, service of .... .... 829 
 
 Notice of motion : 
 
 attachment, notice for. .. . .... ...■ °12 
 
 before appearance .... .... .... . ■ ■ ■ • • ■ • 933 
 
 without leave, if time, to appear has expired 933 
 
 with leave, if time to appear has not expired . . . 933 
 
 with writ by leave ^33 
 
 Notices of court, how servedt .... .... • • • • • • • ■ 975 
 
 Order ; 
 
 adding or changing parties 846 
 
 discovery or inspection .... .... . ■ • • ■ • • • ■ • ■ "74 
 
 Out of jurisdiction foo'too 
 
 affidavit of grounds .... .... • • oZ8-8zy 
 
 concurrent writ, for .... .... ... • • • • 824 
 
 defendant not British subject, &c 829 
 
 leave necessary ... .... .... ■ ■ • • 821 
 
 time for appearance .... .... .... • • • • 829 
 
 Partners,on 826 
 
 Personal service. .. . .... .... .••• •••• ••• ■••■ °™ 
 
 Petition before appearance .• -•■• .9o^ 
 
 Statutory 827 
 
 Substituted service .• °^^ 
 
 affidavit in support .... ^^7 
 
 order for . . 826 
 
 form of order ... • ■ ■ ■ • • • • i'J°<' 
 
1500 
 
 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continned. 
 
 Service. — Contimied. 
 
 Siibpcena, how effected . . .... 
 
 Summons before appearance. 
 Third party, on .... .... 
 
 Time for service of summons 
 Writ of summons .... .... 
 
 by whom made 
 
 out of jurisdiction 
 
 Undertaking to accept. . . 
 
 leave 
 
 required 
 
 Sessioxs, Sittings, Vacation, &c. 
 
 Additional jurors for summer term . . .... 
 
 Adjournment of court when judge does not arrive . 
 
 Adjourn and extend, judge may 
 
 Annual sessions .... .... .... .... 
 
 Civil sittings in Halifax .... .... 
 
 Collection of jury fines . . .... .... 
 
 Contempt during vacation. . . .... .... 
 
 Commencement and end of vacation .... .... 
 
 Criminal sittings in Halifax . 
 
 Court always open .... .... . .... 
 
 Entries of causes for argument .... .... 
 
 consequence of not making 
 Equity judge, exemption of . . .... .... 
 
 Extra panel of petit jurors .... .... .... 
 
 Halifax sittings, civil and criminal. . . .... 
 
 jurors for .... .... .... 
 
 Jurors to be drawn whenever required .... 
 
 Jury fines .... .... .... .... 
 
 collection of ... . .... 
 
 causes to be tried first .... .... 
 
 Minutes .... 
 
 Non-entry, consequence of .... .... 
 
 Non-jury causes tried any time .... .... 
 
 Printing of causes and matters for argument 
 
 Quorum ... .... .... .... 
 
 Special jury .... .... .... .... 
 
 Special session. . .... .... .... 
 
 Spring terra in certain counties continued .... 
 
 Ten causes, limitation to .... .... .... 
 
 Terms abolished, except as a measure of time . 
 Vacation . . . .... 
 
 Sbt-oit. 
 
 Against assignee of chose in action ... .... 
 
 Effect on costs generally .... .... .... 
 
 Gives right to defend under Order XIV 
 
 How and when pleaded.. 
 
 In County Court ... .... .... .... 
 
 Lien for costs not to be affected . . .... .... 
 
 See also Counter-claim. 
 
 Setting Aside. 
 
 Award, rule nisi for .... .... .... 
 
 Irregular proceedings ... .... .... .... 
 
 Judgment by default .... 
 
 wrongly entered at trial .... 
 
 Notice of motion to set aside certain proceedings 
 Practice on setting aside defence. . .... 
 
 Sjbttlbd Account. 
 How pleaded 
 
 
 PAGE 
 
 893 
 
 
 .... 933 
 
 
 857 
 
 
 ..964-965 
 
 
 . . 826-827 
 
 
 .... 826 
 
 
 . . 828-829 
 
 
 
 .... 821 
 
 
 826 
 
 
 .... 959 
 
 
 960 
 
 
 
 .... 961 
 
 
 . . 955-936 
 
 
 ..957-958 
 
 
 . . 958-959 
 
 .... 
 
 .... 960 
 
 
 960 
 
 
 .... 958 
 
 
 955 
 
 
 .... 956 
 
 ; • ■ 
 
 956 
 
 
 .... 960 
 
 
 959 
 
 
 
 ..957, 958 
 
 
 958 
 
 
 ..959-960 
 
 . . . 
 
 958 
 
 
 ..958-959 
 
 
 958 
 
 .... 
 
 . . " " 956 
 
 
 
 .... 958 
 
 
 . . 956-957 
 
 
 .... 956 
 
 
 .... 959 
 
 
 966 
 
 
 .... 959 
 
 ... 
 
 958 
 
 
 .... 806 
 
 
 960 
 
 
 .... 805 
 
 
 966 
 
 
 ..834-835 
 
 
 . . . 849, 856 
 
 .... 
 
 .... 817 
 
 ... 
 
 968 
 
 932,933 
 
 976-977 
 
 867 
 
 899-901 
 
 831 
 
 . . . . 
 
 , , , 834, 835 
 
 855 
 
GENERAL INDEX. 
 
 1501 
 
 SUPREME COURT AND PROCEDURE THEREIJf-Continued 
 
 Sbttlikg Issues or Fact. 
 
 If parties differ in, court or judge may settle same 
 
 SHERirF. 
 
 Biscovery by aheriff's officer .... .... .... 
 
 Distringas on ex-sheriff, form of . . .... 
 
 Indemnity to .... .... .... 
 
 Interpleader by .... .... 
 
 Notice to bring in the body . . .... 
 
 when out of office .... .... 
 
 Poundage, in what cases .... .... 
 
 Rule nisi in application against, abolished 
 To make return of execution 
 
 pay over money .... 
 
 What sheriff may take under execution 
 See Absent and Abscoiiding Debtors 
 
 Execution 
 
 Capias .... .... .... 
 
 Eeplerin .... .... .... 
 
 Showing Cause. 
 
 Abolition of rule nisi for new trial .... 
 
 in certain other cases .... 
 Prerogative mandamus . . .... .... 
 
 SlKGULAK AND PLURAL NUMBER. 
 
 Singular number to include plural, and plural to include singular 
 
 Sittings. 
 
 Distribution of business . .... .... 
 
 Halifax, civil and criminal. . . 
 
 In other counties .... .... .... 
 
 Judges may make rules for. . 
 
 Time of sitting of court at summer term . . 
 See Sessions, Sittings, Vacation, &c. . . 
 
 Slander. 
 
 Evidence in mitigation of damages 
 
 Payment into court in .... 
 
 Rule 26 of Order 34, not to apply to .... 
 Slandei'ous words .spoken of any woman, not necessary 
 
 damage .... 
 Solicitors. 
 
 Acceptance of service and entering appearance 
 liable to attachment on default .... 
 
 Address of, for service on writ ... 
 
 on memorandum of appearance .... 
 
 Bound to assist pauper gratuitously 
 
 Costs of guardian ad litem, . . .... .... 
 
 misconduct 
 
 against, omitting to attend at chambers . 
 
 limited in certain cases .... 
 
 Disclosure as to plaintiffs, by .... .... 
 
 Interpretation of term 
 
 Lien not to affect set-off .... .... .... 
 
 Not to take affidavit when interested .... 
 
 Omitting to put in appearance .... 
 
 give notice of order for discovery 
 Personal liability for embarrassing pleadings . . 
 Scale of costs ... .... .... .... 
 
 Striking off rolls, no rule nisi in application . . . 
 
 Signing pleadings 
 
 Taking excessive fees, penalty for 
 
 page 
 877 
 
 ... 875 
 
 1069 
 
 ... 910 
 
 950 
 
 ... 933 
 
 933-934 
 
 .905, 909 
 
 9.32 
 
 ... 910 
 
 909 
 
 .908-909 
 
 919-924 
 
 .903-911 
 
 914-916 
 
 .917-919 
 
 898 
 932 
 935 
 
 977 
 
 . . . . 
 
 806-807 
 
 
 957,958 
 
 
 809-813 
 
 . . . 
 
 815 
 
 
 813 
 
 
 955-961 
 
 
 885 
 
 . . . 
 
 858 
 
 
 _ 885 
 
 necessai 
 
 y to prove special 
 853 
 
 
 826 
 
 
 830 
 
 
 823 
 
 
 830 
 
 . . . . 
 
 840 
 
 
 968 
 
 
 967-968 
 
 
 938 
 
 . . . . 
 
 969 
 
 
 824 
 
 
 977 
 
 
 968 
 
 
 896 
 
 
 830 
 
 
 874 
 
 
 853 
 
 
 969 
 
 
 932 
 
 
 849 
 
 • * * 
 
 969 
 
1502 
 
 GENERAL INDEX. 
 
 isUPREME COURT ASD PROCEDURE THEREIN— Continued. 
 
 Sfeoial Case .... 
 
 Agreement as to payment of money and coata . 
 
 Application of Order XXXIII 
 
 Documents, how draWn . . 
 
 Effect of judgment ...... .;.. 
 
 Entry for argument . ...>.. 
 
 Pacts and documents to be stated concisely 
 Form of case without pleadings . . 
 
 entry ...... ...... 
 
 Formal pleadings may be dispensed with 
 
 In interpleader ...... 
 
 Inference of fact .... , 
 
 Judgment according to agreement ...... 
 
 Married Woman party 
 
 Order for payment on finding of issue . . . 
 Parties may state special case . , . 
 
 Persons under disability ... 
 
 Preliminary question of law 
 
 Printing case. ...... .... 
 
 Signature of counsel or solicitor . . 
 Special case without consent .... 
 
 Stated by an official referee ...... 
 
 PACE 
 
 879-881 
 . .. 880 
 
 880 
 . . . 879 
 
 881 
 
 879 
 
 880, 1005 
 
 1065 
 
 880-881 
 
 951 
 .. 879 
 
 881 
 .. 880 
 
 881 
 .. 879 
 
 , . . 879 
 879-880 
 ,879-880 
 879 
 ,886-887 
 
 Special Damaob. 
 
 Need not be proved in action for words importing unchaste conduct to a 
 
 SpEOlAt Verdict. 
 
 Judge may direct ... ...... ..... 
 
 Specially Indorsed Wkis. 
 
 Bond, on ... . ...... ...... 
 
 Bill of exchange, on ...... ..... ...... 
 
 Cheque, for a ...... ...... ...... 
 
 Contract, express or implied ..... 
 
 Debt or liquidated demand ...... 
 
 Default of appearance, to ..... ...... 
 
 Forms of special indorsement prescribed ...... 
 
 the forms ...... 
 
 Guaranty under seal or not ...... 
 
 Option of plaintiff to issue specially 
 
 Promissory note, on 
 
 Recovery of land, with or without rent or mesne profits. . . . 
 
 Statute, when fixed sum ... 
 
 Statement of claim unnecessary . . 
 
 Summary judgment under. 
 
 Trust, on a ...... 
 
 Writ, form of ...... 
 
 Speoimc Peefoemanoe. 
 
 Enforcement of ...... .,..,. ...... 
 
 Form of claim ...... ...... .,.,,. 
 
 defence .... ...... ...... ...... 
 
 Stamps. 
 
 Cancellation of. .,..., 
 
 853 
 
 809 
 
 822 
 822 
 
 822 
 822 
 
 822 
 832 
 
 822 
 .1018-1022 
 
 822 
 822 
 
 822 
 822 
 
 822 
 854 
 
 834 
 
 "980-981 
 
 908 
 1017 
 1039 
 
 Statement or Claim. 
 
 Account stated to be alleged 
 
 Admission of part of claim 
 
 judgment for 
 Alternative relief. .. ...... 
 
 Amendment of ...... 
 
 ... 817 
 
 855 
 . . . 835 
 
 8,S5 
 ... 855 
 855, 867 
 
GENERAL INDEX, 
 
 1603 
 
 SUPREME COURT AND PROCEDURE THEREIN— Continued. 
 
 Statement of Claim.— Conijmted 
 
 Amendment of by exclusioii of part of claim. . . ...... 
 
 once without leave . . . . . 
 
 Contribution, itatement to be served with notice of 
 
 Costs of proUx pleadings . . . . . . . 
 
 when unnecessp.ry 
 
 Defendant not appearing no statement necessary . . . . , 
 
 Delivery of statement of claim. . . ...... ...... 
 
 In what oases unnecessay , . . , . 
 
 rules as to delivery of ..,.,. 
 
 specially endorsed writs . . ■ , , 
 
 Dispensed with 
 
 Distinct claims to be separately stated . . ...... < . . , , 
 
 Exclusion of part of claim 
 
 Forms in Appendix to be used . . . . . 
 
 of statements, Appendix d .,,.., 
 
 Indorsement on writ of ... . , , . . , 
 
 Issues settled if statement insuiHcient ...... 
 
 Joinder of joint and separate claims .... ,..,., 
 
 May be altered without alteration of writ .... 
 
 Must show place of trial ... .... 
 
 Notice in lieu of ,,.,.. 
 
 Place of trial to be stated . . ...... , . < . 
 
 otherwise place of trial to be county in which defendant 
 
 appearance .... .,..., 
 
 Relief claimed must be specifically stated ...... .... 
 
 Settled account, how pleaded in . , ...... ...... 
 
 Separate causes of complaint ...... . . . . . 
 
 Specific statements of relief 
 
 either simply or alternatively . . .... 
 
 Time for delivery of 
 
 Unnecessary in certain cases ...... , ... 
 
 Variation from indorsement ...... 
 
 Venue in statement ...... ...... .... 
 
 Writ specially indorsed ...... , 
 
 Statutes. 
 
 Of frauds, how pleaded ... < . . . 
 
 limitations, how pleaded ...... 
 
 not to extend to express trusts .... 
 
 Plea of not guilty by statute ...... 
 
 Kepeal of, inconsistent with Act or Rules ...... .... 
 
 Service of writ prescribed by . . . 
 
 rAOB 
 
 848 
 
 867 
 
 843 
 
 849 
 
 854 
 
 832^833 
 
 849 
 
 864 
 
 854-5 
 
 864 
 
 854 
 
 855 
 
 848 
 
 849-850 
 
 . . 1010-1034 
 821 
 
 877 
 
 836 
 
 855 
 
 853 
 
 854 
 
 , . . 855, 881 
 is to file 
 
 881 
 
 855 
 856 
 853 
 855 
 855 
 854 
 854 
 855 
 855 
 854 
 
 849, 
 
 851 
 , . . . 851 
 
 805 
 ,.850-851 
 
 SIS 
 
 827 
 
 Special indorsement, where money enough to be recovered on is fixed, 822 
 
 Statutory Declaration. 
 
 " Oath " includes 
 
 Stay op Pbocbedings. 
 
 Appeal to court of appeal, no stay of execution or of proceedings except 
 
 in certain cases 
 
 Application for by any person whether a party or not 
 at any time by motion in a summary way , 
 Bail filing of on motion for new trial .... 
 
 hy payment of debt and costs incurred 
 
 Court or judge may direct if it seem fit 
 Deposit of money, &c,, on motion for new trial 
 
 Directed at any time ...... 
 
 Execution, stay of . . 
 
 Frivolous or vexatious proceedings 
 
 Interest, when execution stayed . . 
 
 On notici of motion for new trial ...... 
 
 Solicitor's name used without authority 
 
 Where injunction might have been obtained 
 
 819 
 
 
 ... 954 
 
 . *. t < . 
 
 804 
 
 
 ... 804 
 
 
 899 
 
 
 ... 822 
 
 
 804, 899 
 
 
 ... 899 
 
 
 804 
 
 
 ... 908 
 
 
 863 
 
 
 ... 955 
 
 • t 1 4 t • 
 
 699 
 
 
 ... 824 
 
1504 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIX-Continued. 
 
 Striking orr E,olls. page 
 
 No rule nini for 932 
 
 Notice of motion to state grounds ..... . . 932-3 
 
 copy of any affidavit to be served with notice .... ..... 932-3 
 
 Striking Out. 
 
 Unnecessary or scandalous matter in pleadings 853 
 
 tending to embarrass or delay .'. . . . 853 
 
 at any stay of proceeding 853 
 
 costs may be ordered between solicitor 
 
 and client 853 
 
 Sttbpcena. 
 
 Affidavits of service of, conteiita of ...... 893 
 
 Cross-examination of depbnents on . . 891 
 
 Chambers for, on note from judge 892 
 
 Correction of erroi-8 in , ...... 892-893 
 
 Costs, no subpoena for , ...... 912 
 
 For attendance before referee 886 
 
 Forms of subpceiia prescribed .... 892 
 
 forms. Appendix J . . ...... 1073-4 
 
 Issue to any party in any cause or matter ....... 891 
 
 Praecipe for to be delivered and filed .... 892 
 
 Production of affidavit or document in prothonotary's office, not by 962 
 
 Referee, attandance before may be enforced by , 886 
 
 Service of within 12 weeks after issue of writ . . 893 
 
 Service by delivering copy . 893 
 
 Three names in one subpdena or one for each ... 892 
 
 Witnesses bound to attend on subpcena . 891 
 
 Subsequent Pleading. 
 
 Default in 866-7 
 
 See Reply ... 862 
 
 Subsequent to Action. 
 
 Matter how pleaded 862 
 
 SUB.STITUTED SERVICE. 
 
 Affidavit in support of application for . . . ...... 827 
 
 Form of affidavit for 1088 
 
 Notice, order, or document cf 975 
 
 Summons to proceed ...... ...... 944 
 
 Writ of summons of ...... 826 
 
 Suit. 
 
 What term includes ...... ...... ...... 818 
 
 Summary Judgment. 
 
 Application for writs specially indorsed. 834 
 
 by summons returnable 4 clear days after notice 834 
 
 affidavit verifying causes of action .... ...... 834 
 
 stating belief that there is no defence ...... 834 
 
 Corporation defendants ... ..... 835 
 
 Defence by affidavit or payment into court .... ...... ...... 834-3 
 
 as to part, judgment as to other 833 
 
 by one defendant, judgment against another ...... 835 
 
 Forms of judgment 1082-1084 
 
 Leave to defend on giving security . . ...... ...... 835 
 
 terms of time and mode of trial . . 835 
 
 Recovery of land, in case of 834 
 
 Special indorsement, what constitutes. .. 822 
 
 Summary judgment, on application 834 
 
 Unless defendant satisfy court by affidavit or other- 
 wise ...... ...... 834 
 
GENERAL INDEX. 1505 
 
 SUPREME COURT AND PROCEDURE THEREIJf-Continned. 
 
 Summary Judgment. — Continued. page 
 
 Summary judgment, unless defendant satisfy court by aiBdavit or other- 
 wise that there is a good defence to action on 
 
 merits 834 
 
 unless defendant discloses facts sufficient to entitle 
 
 him to defend 834 
 
 Time for delivery of defence 856 
 
 Summer Term. 
 
 Extra or summer terms ... , 812 
 
 Time of sitting of court at summer term 813 
 
 Where no summer term is to be held. ... 813 
 
 Summons. 
 
 Application at chambers to be by 937 
 
 Form prescribed ; the form 938, 1080 
 
 of order on, prescribed ; the form^ ... 939, 1081 
 
 affidavit of service of 1008 
 
 prtecipe for, amended .... 1063 
 
 order for dismissal of 1 107 
 
 Hearing of 938-9 
 
 Originating summons 938 
 
 Summons book , 94,5 
 
 To proceed ... 944-5 
 
 Various forms of orders and summonses. Appendix K. . . . 1080 
 
 Writ of summons 821 
 
 Summons por Directions .... 869-870 
 
 Costs of applications, omitted from .... 870 
 
 Contents of summons 869 
 
 Counter order on hearing . . 870 
 
 Form of summons ... ...... 869 
 
 the form 1081 
 
 Orders thereon ...... 870 
 
 form of order 1081 
 
 Proceedings on hearing ...... .... 869-870 
 
 Returnable, 4 days 869 
 
 Subjects for which may be obtained 869 
 
 Sunday. 
 
 Lapsing of time on. . ... .... .... 964 
 
 When not counted .... 964 
 
 Supreme Court. 
 
 How constituted 799-800 
 
 jurisdiction exercised .... S02 
 
 Jurisdiction 801-2 
 
 Name of .... 801 
 
 Powers of.. .... 801 
 
 To be court of record ... 801 
 
 What to include 799 
 
 Where, and when shall sit .... .... .... • ■ . - • • ■ • 806-7 
 
 Surety. 
 
 Assignment of securities to . . .... . . 965-966 
 
 Taxation or Costs. 
 
 After action brought, form of Order for, Appendix K., No. 40 1102 
 
 Copies of documents, taking. .... ..971-972 
 
 Inspection of documents .... .... 971 
 
 Notice of 968 
 
 On default of appearance (liquidated demand) . .... .... 1143 
 
 96 
 
1506 
 
 GENERAL INDEX. 
 
 SUPREME COURT ASD PROCEDURE THEREIN-Contlnned. 
 
 Taxation of Costs. — Continued. 
 
 On payment by defendant .... .... .... .... 
 
 Party and party, between ... .... .... .... ... 
 
 Special allowances and general regulations .... .... 
 
 When damages under $8.00 in certain cases . . .... ... 
 
 See also Costs . . .... .... 
 
 Taxing Authoritv. 
 
 Definition of . . . . .... .... .... .... 
 
 Technical Objection. 
 
 Not to be raised to pleading on alleged want of form . . ... 
 
 Tenant fob life. 
 
 Waste by .... .... .... .... .... 
 
 Tender. 
 
 See Payment into Court .... .... .... .... ... 
 
 Terms. 
 
 Abolition of, except as measurers of time . .... .... 
 
 PACK 
 
 822 
 
 .... 974 
 
 . 969-974 
 
 1143-1144 
 
 . 966-974 
 
 977 
 
 853 
 
 805 
 
 .858-861 
 
 Interpretation of . . . 
 
 terms 
 
 806 
 
 818-819,977 
 
 writ of execution" and "issuing execution 
 against any pet-son" and word "here- 
 tofore " 904, 97S 
 
 Judges to discharge duties required to be discharged in 806 
 
 See Sessions, Sittings, Vacation, &c 955-961 
 
 Testimony. 
 
 Action to perpetuate . .... . . . 
 
 Testing Writs. 
 
 The teste of all writs shall remain abolished 
 
 Third Parties. 
 
 893 
 
 821 
 
 Appearance by .... 
 
 843-844 
 
 Contribution again^ co-defendant .... 
 
 845 
 
 Costs. . .... .... 
 
 845 
 
 Default of appearance by 
 
 813-844 
 
 pleading by . . 
 
 867 
 
 Defence by .... 
 
 843-844 
 
 Defendant may bring in ..... 
 
 803 
 
 to counter-claim . . .... . . 
 
 856,857 
 
 Execution by and against .... 
 
 907-908 
 
 Form of notice , . , . 
 
 997-S 
 
 Garnishee .... 
 
 91ii-914 
 
 Generally. . .... 
 
 843-845 
 
 Indemnity against 
 
 843 
 
 Indorsement of writ served on .... .... 
 
 857 
 
 form of . . . , 
 
 , 998 
 
 Issues affecting .... .... 
 
 ,867 
 
 Leave to defend 
 
 843-844 
 
 Notice to . . 
 
 803,843 
 
 Procedure, general . . , . .... ..... 
 
 843-845 
 
 Questions against, how tried 
 
 844 
 
 Pv,ecovery of land 
 
 831 
 
 Reply to counter-claim by , . .... 
 
 857 
 
 Service of counter-claim on 
 
 857 
 
 Summons to 
 
 857 
 
 Third party notice 
 
 .... 843 
 
 Writ of summons 
 
 857 
 
GENERAL INDEX. 
 
 1507 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continned. 
 
 Time. 
 
 Abridgment or enlargement of 
 
 costs on . . . .... 
 
 Affidavits answering interrogatories . . 
 in evidence l)y aiBdavits 
 
 Amendment : 
 
 counter-claim . . 
 
 statement of claim . . 
 
 Appeal : 
 
 court of appeal to . . . .... 
 
 chambers, to court .... 
 
 ex parte application . . 
 
 interlocutory order . . ., 
 
 limit of time fbr 
 
 Appearance .... .... 
 
 out of jurisdiction of writ. .... .... .... 
 
 application to discharge or vary order chaaging parties . . 
 
 Christmas day, when not counted .... .... .... 
 
 Close of pleadings .... .... 
 
 •Computation 6f time .... .... .... 
 
 for vacations , . . . .... 
 
 ■Concurrent writs ... .... .... .... .... 
 
 Oosts when time extended .... .... .... .... 
 
 "Counter-claim, amendment of .... .... .... 
 
 reply by third parties to. . . .... .... 
 
 ^Delivery of interrogatories . . .... 
 
 -Delivery of pleadings : 
 
 counter-claim .... 
 
 defence . .... .... .... .... 
 
 pleadings, subsequent to reply .... 
 
 reply 
 
 statement of claim ... .... .... .... 
 
 Discontinuance, for. . .... .... .... .... 
 
 Enlargement of time .... .... .... .... .... 
 
 costs of . .... 
 
 form of summons, Appendix K. No. 1 
 order, Appendix K. No. 2. 
 
 Entry for trial . .... .... .... 
 
 Essence of contract . .... ... J .... .... 
 
 Execution .... .... .... 905 
 
 Expiring when prothonotaries' offices closed.. . 
 
 First and last days of vacation ... 
 
 Good Friday, when not counted .... .... .... 
 
 Inspection of documents, for .... .... 
 
 Interrogatories, affidavit in answer ... ... .... 
 
 for striking out . 
 
 Judgment, for setting aside . . 
 
 Month, means calendar month ... 
 
 Motion for judgment .... 
 
 where issues -of fact .... ... 
 
 issue at trial .... .... 
 
 New trial, time for application for .... .... 
 
 service of notice of motion for application for 
 
 Notice of appeal from interlocutory order 
 
 from judgment .... 
 
 by respondent . . .... 
 
 Notice of motion ... .... 
 
 trial. .... . • • • 
 
 on affidavit evidence . .... .... 
 
 to cross-examine, on affidavits .... .... 
 
 Payment into court in satisfa.ctiou. ... .... . • • • 
 
 acceptance by plaintiff. 
 
 964 
 973 
 
 871 
 897 
 
 867 
 
 953 
 938, 952-3 
 954 
 953 
 953 
 829-830 
 829 
 846 
 964 
 862 
 .964-965 
 960 
 824 
 973 
 868 
 857 
 870 
 
 8.56 
 856 
 862 
 862 
 854 
 864 
 964 
 973 
 1080 
 1081 
 
 883-884 
 806 
 
 906-907 
 964 
 960 
 964 
 873 
 871 
 871 
 
 .898-901 
 964 
 900 
 900 
 899 
 
 898 
 953 
 953 
 954 
 933 
 883 
 898 
 897 
 858 
 860 
 
1508 
 
 GENERAL INDEX. 
 
 SUPREME COURT A^D PROCEDURE THEREIN-Continued. 
 
 Time. — Continued. 
 
 Pleading, for .... .... 
 
 Service of pleadings, hours for . . 
 
 on Saturdays . . .... 
 
 Service of notice of motion for application for now trial , 
 
 Setting aside judgment on non-appearance at trial 
 
 down on motion for judgment. . . 
 Sittings, sessions and vacations .... 
 
 Sunday, when not counted .... ... 
 
 time expiring on ... . .... 
 
 Terms may be referred to as measures of 
 
 Vacations, sessions, sittings, &c 
 
 Writ of execution, issue of 
 
 in force for one year 
 summons in force 
 
 Title. 
 
 Need not be pleaded in action for land .... .... 
 
 Title, Date, and Application of Rules. 
 
 How cited . .... .... .... .... ...» 
 
 When Rules came into operation .... .... 
 
 Trespass. 
 
 Costs in certain cases .... 
 
 Injunction against .... .... .... .... 
 
 Mortgagor in possession suing for .... 
 
 Trial. 
 
 Addresses to jury .... .... . .... 
 
 Adjournment of ... . .... .... .... .... 
 
 for further consideration . .... 
 
 Amendment at ... . .... .... .... .... 
 
 for trial of real questions . , .... 
 
 Arbitrations .... .... 
 
 Arrest of witness . . .... .... .... .... 
 
 form of warrant to arrest witness • 
 
 Assessors 
 
 mode of trial with. 
 
 Authority to referee .... .... .... .... 
 
 Book to enter findings .... .... .... .... 
 
 certificates in and form of . . S86, 
 
 Cause list, how made up ... . .... .... .... 
 
 Default at trial by defendant .... .... .... 
 
 plaintiflf. . .... .... 
 
 Defendant, application by to have issues tried by special jury 
 Defendant not appearing .... .... .... 
 
 Delivery of printed copies for judge ... 
 
 Different questions may be tried in different ways 
 
 Entry for trial . .... 
 
 at sittings or term .... .... 
 
 copies of pleadings for judge 
 order where both parties enter . , 
 seniority, how determined . . 
 time for .... .... .... 
 
 by opposite party 
 
 who to make . . .... .... 
 
 when to be entered 
 
 withdrawal by consent . .... 
 
 Entry of judgment at trial .... .... 
 
 Equity causes .... .... .... .... 
 
 Evidence, how given .... .... .... 
 
 before referee . . . i . . , . .... 
 
 PAGE 
 
 .964-965 
 
 964-5 
 
 . . . 965 
 
 898 
 . . . 884 
 
 900 
 .955-961 
 
 964 
 . . . 964 
 
 806 
 .955-961 
 
 907 
 .906-907 
 
 826 
 
 ... 858 
 
 ... 820 
 820, 978 
 
 1143-1144 
 
 806 
 . 805 
 
 885 
 
 . 884 
 
 886 
 
 . 868 
 
 867 
 
 . 883 
 
 . 888 
 
 888 
 
 814, 818 
 
 . 886 
 
 886 
 
 . 886 
 
 1005-1006 
 
 ... 884 
 
 884 
 
 ... 884 
 
 882 
 
 ... 884 
 
 884 
 
 847, 882 
 
 883-884 
 
 ... 884 
 
 884 
 
 ... 883 
 
 884 
 
 . . . 883 
 
 883 
 
 . . . 883 
 
 884 
 
 ... 864 
 
 886 
 
 ... 881 
 
 888-889 
 
GENERAL INDEX. 
 
 1509 
 
 SCPREME COURT AND PROCEDDEE THEREIN- Contiauea. 
 
 Tbial. — Continued. 
 Issues of fact : 
 
 contingent judgment, on application to enforce 
 different facts may be tried in different ways 
 garnishee disputing liability .... 
 
 order for trial, before jury .... 
 questions of law may be raised before 
 
 single judge to try .... .... 
 
 Judge may direct how judgment be entered 
 
 Judgment, motion for .... 
 
 entry of ... . .... .... . 
 
 amendments of . . . .... .... 
 
 Jury, absolute right to, how qualified 
 
 costs follow event .... .... .... .... 
 
 court may direct trial without 
 
 defendant may require jury .... .... 
 
 discretion of judge as to. . . . .... 
 
 findings wrongly entered setting aside judgment . 
 form of judgment after trial by ... . .... 
 
 issues of fact. . .... .... 
 
 judge may order .... .... .... 
 
 list of jury and non-jury causes .... .... 
 
 new trial .... .... .... .... .... 
 
 referees' report equivalent to verdict of .... 
 
 single judge to try .... .... .... 
 
 time for appeal. ... .... .... . . . ; 
 
 liists for trial .... .... .... 
 
 May take place anywhere .... 
 
 Mode ai trial .: 
 
 before a judge or judges .... 
 
 with assessors .... 
 
 and jury .... .... 
 
 single j udge, unless special order 
 special referee .... .... 
 
 an official referee . . .... 
 
 with or without 
 different questions in different ways, 
 judge may alter .... .... .... 
 
 refer to special or official referees., 
 direct .... .... .... 
 
 order trial of issue by jury 
 
 .subject to direction of court .... 
 
 notice of . . .... .... 
 
 order to change in certain cases . 
 
 ^ew "trial .... ■ ■ ■ ■ 
 
 Non-appearance of defendant .... - ■ . . 
 
 plaintiff' .... .... 
 
 proving claim .... .... 
 
 .setting aside judgment on 
 
 place of application .... 
 
 time for application 
 
 Notice of trial ■: 
 
 affidaivit evidence .... • • • ■ 
 
 before entry • ■ • • 
 
 by plaintiff'. . . .... • • • ■ 
 
 dismissal for Tvant ■of prosecution. 
 
 countermanding .... ■ ■ ■ • 
 
 by consent or by leave 
 
 effect of for sittings ... 
 
 Halifax or elsewhere . . .... 
 
 elsewhere than in Halifax .... .... 
 
 iojrjn oi, j)royided. 
 
 .the form. 
 
 PAGJE 
 
 904 
 
 882 
 91.3 
 882 
 873 
 882 
 886 
 .899-901 
 901-903 
 869 
 882 
 966 
 882 
 882 
 882 
 899 
 1054 
 882 
 882 
 884 
 898 
 814 
 882 
 953 
 884 
 881 
 
 882 
 882, 886 
 882 
 882 
 .882, 886 
 882, 886 
 882 
 882 
 882 
 882 
 882 
 882 
 882 
 881 
 882 
 898 
 884 
 884 
 884 
 884 
 884 
 884 
 
 883 
 883 
 883 
 884 
 884 
 883 
 883 
 883 
 883 
 1005 
 
1510 
 
 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIN— Continned. 
 
 Trial. — Continued. 
 
 Kotice of trial : 
 
 Halifax, in .... .... 
 
 length of .... 
 
 short .... 
 
 statements in. .... 
 
 to lapse if nO' entry 
 
 time for .... .... 
 
 on affidavit evidence . . 
 Order of entry f or . . .... .... 
 
 Place of trial . . .... .... ... 
 
 appointed by judge.... 
 
 different for different qoestions 
 
 statement of claims, plaintiff to name place ior 
 
 Plaintiff not appearing . . .... 
 
 Postponement of ... . .... ... - .... 
 
 Pieliminary question of law .... . . ... 
 
 fact .... ... 
 
 Procedure at trial .... .... .... 
 
 Reading affidavits . . .... .... .... 
 
 answers to interrogatories .... 
 
 Referee by . .... .... .... 
 
 Separate, of distinct causes of action, od order 
 Single judge .... .... .... .... 
 
 Sittings, at what .... .... .... .... 
 
 Striking out statements which would prevent fair trial.. 
 Viva voce evidence at . . . .... .... .... 
 
 in absence of agreement . 
 
 Who may enter for trial .... .... ..... 
 
 Trial before Referees. 
 
 Before referees, power to direct .... . . 
 
 Effect of their findings . . .... .... 
 
 Powers of court with respect to proceedings before 
 
 Requiring prolonged examination of accounts, &c . . 
 See Referees. 
 
 PAGE 
 
 883: 
 883- 
 883: 
 883 
 88* 
 883 
 898: 
 884 
 881 
 881 
 882- 
 881 
 884 
 884- 
 879 
 882 
 884-886. 
 
 .888-9-' 
 874. 
 
 . 88ft 
 84T 
 
 . 882 
 883 
 
 . 853 
 888-9 
 
 .888-9 
 883 
 
 813-814 
 
 814 
 
 .. 814 
 
 814 
 
 Trustee. 
 
 Application by for directions 942 
 
 Cestui que trust in case of property held on express trust. . . . . ^ . 80.5 
 
 Court may order trustee to be made a I arty to an action in certain cases. 845-6- 
 Indorsement of character of ... . .... .... .... .... 822 
 
 form of 996-997 
 
 May sue and be sued without joining parties beneficially interested . .. 837 
 
 Right of to costs out of particular estate .... .... . .... 966 
 
 Trusts. 
 
 Action by or against trustee 
 
 Parties to action to execute . . .... .... .... 
 
 Proceedings by originating summons . .... .... .... 
 
 Special indorsement for claim on ... . .... .... .... 
 
 Statutes of limitation not applicable to express or to breach of .... 
 
 Type. 
 
 To be used for printing papers for argument to be small pica leaded 
 
 Underwriters. 
 
 Form of order for production of documents 
 
 Unreasonable. 
 
 Defendant not to be embarrassed or put to expense by unreasonable 
 
 attendance at proceedings . ^^^^ 83S 
 
 837 
 
 840-841, 843 
 
 ... 940, 942 
 
 .... 1022 
 
 805 
 
 956 
 
 .1O87-108S 
 
GENERAL INDEX. 
 
 1511 
 
 SUPREME COURT AND PROCEDURE THEREIN-Continned. 
 
 Unsound Mind. 
 
 Actions by and against lunatics and persons of 
 
 Assignment of guardian ad litem .... .... 
 
 Proceedings as to real estate of persons of 
 
 Ser^^ce of notice of judgment on person of 
 
 writ on person in charge of ... . .... 
 
 • Vacation. 
 
 See. Sessions, Sittings, Vacations, &c. . 
 
 Venditioni exponas. 
 
 None necessary .... 
 
 Vekfe. 
 
 No local, for trial of any action, except when otherwise provided by 
 
 statute .... .... . .... 
 
 Vekdict. 
 
 Of judge, same as of jury .... .... 
 
 Referee's report on question of fact . .... 
 
 Special judge may direct jury to giv« .... . .... .... 
 
 See Jury ; New Trial ; Trial. 
 
 Vexatious. 
 
 Interrogatories, costs of, to be borne by party in fault . . 
 
 Viva Voce Examination. 
 
 Rule in reference at trial of any action or assessment of damages 
 
 Wabkants of Attorney. 
 
 Prothonotary in each county to keep list of every warrant of attorney or 
 cognovit actionem filed in his office 
 
 Waste. 
 
 No equitable, by tenant for life, unless intention expressly appear . . . 
 
 Prevention of, apprehended . . .... .... .... . .... 
 
 Representative action to restrain. . .... 
 
 Wife. See Husband and Wife, 
 
 Wilful Default. 
 
 Form of statement of claim 
 
 Withdrawal of Record. &e Discontinuance 
 
 Witness. 
 
 Absence of material .... 
 
 Arrest of . . .... .... 
 
 Attendance before referee .... .... 
 
 Examination of before examiner .... 
 
 ^generally to be viva voce . . 
 by interrogatories .... 
 
 Residing abroad, examinations of 
 
 Restrictions on cross-examination of . . 
 
 Rules as to examinations of witnesses residing abroad 
 
 Subpoena for attendance of . . .... 
 
 Technical objections to examinations of witnesses taken de bene esse. 
 
 Under Habeas Corpus ... .... .... .... . ... 
 
 See Evidence ; Examination of Witnesses, 
 
 Writ. 
 
 Currency of ... . .... .... .... .... .... ... 
 
 Date of in general . . .... 
 
 Forms . .... .... . , . . 
 
 Lost, subs Ditution of copy. ., .,.. 
 
 PAGE 
 
 838-839 
 
 . .831-8.S2 
 
 929-930 
 
 . . . . 842 
 826 
 
 955-961 
 
 912 
 
 881 
 
 80S 
 814 
 809 
 
 871 
 
 888-889 
 
 962 
 
 805 
 806 
 841 
 
 1011 
 864 
 
 885 
 . . . 888 
 
 886 
 .889-892 
 
 978 
 . . . 885 
 
 978 
 .892-893 
 
 978 
 
 885 
 
 825 
 . . . . 821 
 1066-1072 
 .... 825 
 
1512 
 
 GENERAL INDEX. 
 
 SUPREME COURT AND PROCEDURE THEREIIV— Continued. 
 
 WniT.— Continued. page 
 
 Order to issue need not be drawn up .... .... 934 
 
 Renewal of. .... .... .... .... .... .... .... 825 
 
 Teste of, to remain abolished .... 821 
 
 To bear date of issue 821 
 
 Writs ag.^ixst Absent or Absconding Debtoes. 
 
 S'ee Absent or Absconding Debtors .... .... 919-922 
 
 Foreign Companies, suits ajgainst. ..922-924 
 
 Writ of Attachment. 
 
 See Attachment of Person .... 912 
 
 Writ op Delivery. 
 
 See Delivery, Writ of 925 
 
 Writ op Execution. 
 
 See Execution 903-911 
 
 Writ op Inql-iry. 
 
 On default of appearance in certain cases .... .... . — . . • • 8.32-3 
 
 pleadings . .... 865-6 
 
 Proceedings at trial of .... .... .... .... . — . • . ■ 887 
 
 Substitution of inquiry before oiEcer . .... .... 887-8 
 
 See Inquiry. 
 
 Writ op Manbamus. 
 
 Form of PrEecipe ... .... .... .... .... . . - ■ 1061 
 
 Writ 1076-7 
 
 See Mandamus .... .... 935-6 
 
 ' Writ op Possession (Lands). 
 
 Form of praecipe for .... 1059 
 
 writ .... 1071 
 
 To have effect of writ of assistance, as well as of writ of habere facias 
 
 possessionem .... ' .... 924 
 
 Writ or Prohibition. 
 
 Form of praecipe .... .... .... .... . . .... 1061 
 
 writ . . .... .... .... .... .... . 1076 
 
 See Prohibition 976 
 
 Writ op Sequestration. 
 
 Effect same as writ of, had in England before commencement of Principal 
 Judicature Act . .... .... .... 
 
 Form of praacipe for .... .... 
 
 writ for .... .... .... .... 
 
 See Sequestration. 
 
 Writ op Summons 
 
 Action- to be commenced by 
 
 Date and teste of . . . .... .... .... 
 
 Form and contents of, and costs of undue prolixity 
 
 Forms 
 
 Writs for service abroad .... .... .... 
 
 form of ... . .... 
 
 Address : 
 
 of plaintiff and solicitor . .... 
 
 in person ... .... 
 
 Indorsement of claim : 
 
 action for account .... 
 
 amendment of .... 
 
 form prescribed .... 
 
 912 
 
 '....'".... 1059 
 1068-9 
 
 820-823 
 
 820 
 
 821 
 
 821 
 
 979-981 
 
 821 
 
 981-982 
 
 823 
 
 823 
 
 822 
 
 855,867 
 
 821 
 
GENERAL INDEX. 1513 
 
 SUPBEME COURT AND PROCEDUKE THEREIN-Continned. 
 
 Writ or Summons. — Continued. page 
 Indorsement of claim : 
 
 forms 988-996 
 
 nature and requisites of 821 
 
 parties in representative capacity 822 
 
 special indorsements 822 
 
 Issue : 
 
 concurrent writs . . .... .... 824 
 
 disclosure by solicitor of authority to issue 824 
 
 of names of partners when issued by firm 824^5 
 
 filing copy 823 
 
 place of issue 823 
 
 preparation of writ ' 823 
 
 sealing and issue . . .... 823 
 
 Renewal : 
 
 currency of writ ... 825 
 
 loss of writ .... 825 
 
 renewal ... 825 
 
 Service : 
 
 afiidavit for leave for substituted . . 827 
 
 of service to mention day of . . 827 
 
 in action to recover land— vacant pospession 827 
 
 ■ indorsement of service 827 
 
 on corporation or society . .... 827 
 
 husband and wif e . .... 826 
 
 infant or lunatic .... .... .... .... .... 826 
 
 partners or apparent firm . . 826-7 
 
 third party 843 
 
 parties subsequently added .... 838 
 
 personal service, .... 826 
 
 substituted service . . 826 
 
 undertaking by solicitor to accept. 826 
 
 Service out of jurisdiction : 
 
 afiidavit for leave ... .... .... 828-9 
 
 form of order for 1088 
 
 in what cases allowed 828 
 
 mode of giving notice ... .... 829 
 
 notice in lien of wiit, when to be served, 829 
 
 time for appearance , 829 
 
 SUPREME COURT OF CANADA AND EXCHEQUER COURT OF 
 
 CANADA 1195 
 
 Jurisdiction; special, provided for .. . .... 1195 
 
 Power of presiding judges to occupy court rooms, &c 1195 
 
 Sureties Incorporated, for Officers. See Officers, Sfc. . . 609 
 
 TO OR FOR Firms. See Partnerships. .... 619 
 
 Surgery AND Mf.dicine, Practitioners IN. ^ee Medicine and Surgery 197 
 
 Surplus Proceeds. Siee Lands, Sale of under Execution .... 1253 
 
 Foreclosure 1248 
 
 Magistrates' Courts, tkc .... 733 
 
 Probate Court . . .... .... .... .... 711 
 
 Supreme Court .... .... 910 
 
 Surrogate. See Probate Court 698 
 
 Survey. See Boundaries of Counties, ^c .... .... .... • ■ ■ • 165 
 
 Crown Lands .... .... .... .... .... .... 142 
 
 Mines and Minerals ... .... 71, 89, 90 
 
 Surveyor. See Crown Lands ... .... 142 
 
 Proverty, Trespasses to .... .... .... 1 50 
 
 SuKVEyoRS OF Highways. See County Incorporations .... 435, 439 
 
 Cuide Boards, ^c 521 
 
 Highway Labor ... .... 336-340 
 
 SwiNE, ^^s Cattle, Stray,' and Animeds going at Large .... 511 
 
1514 
 
 GENERAL INDEX. 
 
 T. 
 
 PAGE 
 
 Tail, Estates 636 
 
 Tales. See Juries 1J77 
 
 Tavern. Intoxicating Liquom .... .... . . 535-536 
 
 Taxation of Costs. See Supreme Court, die Index 
 
 Dogs. County Incorporations .... .... .... . . 445, 447 
 
 Teachees. See Public Instruction 218,219,230-1,239-241,243 
 
 Teams. See Highway Labor .... .... 336 
 
 Telegraphic Messages. See Witnesses and Evidence .... .... 1187-1188 
 
 Tenancies and Forcible Entry and Detainer. See Forcible Entry and Detainer 1260 
 
 Tenancy by the Curtesy. See Descent of, Spc. , Estate 646 
 
 Married Women, §-c 662, 682 
 
 in Dower. See Descent of, ttc 646 
 
 Married Women, d:c 676-681 
 
 Joint and in Common. See Joint Tenancy 636 
 
 Tenant. See Escheating Lands Forfeited to the Crown. .... .... .... 1261 
 
 Forcible, Entry and Detainer .... 1260 
 
 Lands, Partition of , . 1239, 1242 
 
 Hent, Distress for, Sfc .... 1255 
 
 Tender. Justices of the Peace, SfC 726 
 
 Term of Years. See Limitation of Actions 120.3-4 
 
 Terms. See County Courts, ij-c .... .... • .... 1145 
 
 Public In.sfruction . . .... .... .... .... .... 243 
 
 Supreme Court, d-c Index 
 
 Territorial and Casual Revenue. See Revenue, Casual, ^c .... 66 
 
 Teste op Writs. See Supreme Court, d-c 821 
 
 Testimony, Perpetuation of. See Supreme Court 819 
 
 Timber. See Rivers, Conveying Timber, Sfc. . . .... 520 
 
 Time, as at the 60° meridian ■ 4 
 
 Computation of. See Supreme Court, cfcc 964 
 
 Titles, previous to 1841. Lands, Sale of under Execution. 1253 
 
 Tolls. See Hirers, Conveying Timber, ^c 519 
 
 Town Clerk. See Common Fields ... .... 319 
 
 Cattle, Stray, &c 512 
 
 Meetings. County Incorporations .... 439 
 
 Township. Poor, Settlement, ^c 264,267,270 
 
 Townships, Counties, &c.. Boundaries of. Sec Boundaries of Counties, ^c 165 
 
 Transfers OF Mining Rights. See Mines and Minerals. ,. 102,109 
 
 Transportation and use of Gunpowder. See Gunpowder, ^c 516 
 
 Traverses. See E-^cheating Lands, Sfc. . . .... 1262 
 
 Treasurer. County Incorporations .... .... 432-3, 435 
 
 Public Exhibitions .... 522 
 
 OF THE Province. See Public Officers, <tc 155, 156 
 
 Treaties, &c., how proved. See Witnesses and Evidence. . . 1179 
 
 Trees. See Crown Property, Trespasses to. . . .... .... ] 52 
 
 Trespass. See Limitation of Actions ...1196,1197 
 
 Supreme Court, (be... 466-8 
 
 Trespasses to Crown Property. See Crown Property, ^c 149 
 
 Trials. See County Courts, ^c. Index 
 
 Escheating Lands, Sfc. . - .... .... 1261 
 
 Magistrates' Courts, S^c .... 729, 730 
 
 Supreme Court, die .... .... Index 
 
 Trover. Limitation of Actions ..,. .... .... .... 1196 
 
 Trustees, Corporations, General Provisions Respecting .... . . , . 564 
 
 Executors, Administrators, and Trustees. , .... .... .... 1205 
 
 Library A,ssociations .... .... .... . . , . , . . 608 
 
 Ptiblic Instruction .... ... ... . , . . .... . . 223, sqq 
 
 Religious Gmigregations, Spc. . .... . , . , ... 190-1, 194 
 
 Supreme Court, <fcc .... Index 
 
 Trustees, Executors, &c., suits against. See Executors, Administrators, ^c. . . 1205 
 OF Public PBOPBRTy. See County Incorporations 435-439 
 
GENERAL INDEX. 
 
 1515 
 
 TRUSTS AND TRUSTEES 
 
 Application for order of court, how made and supported . . . 
 may be by petition and affidavit . . .... 
 
 to master in first instance ; procedure in case of 
 order when granted by, how enforced . . 
 
 who may make ; disability not to affect applicant 
 
 Appointment of new trustee for church lands, &c., where not provided for 
 
 provided for . . 
 
 'under deed when trustee dies. 
 
 Assets ; distribution by executor and administrator .... 
 
 liability of executor, &c. , in respect of ... . 
 
 notice to be given prior to distribution .... .... 
 
 right of claimant or creditor to follow not prejudiced 
 
 Assignment of personal property, party may make to himself and another. 
 Attorney, power of ; acts hoiiafde done under no liability for. . . 
 
 - proviso as to knowledge in relation to . .... 
 
 rights of parties entitled not prejudiced. . . 
 Certificate of master ; in application for order, contents of . .... 
 
 Cestui que trust ; appointment of new trustee by under deed, when 
 Church property, &c. ; new trustee, where appointment provided for 
 
 not provided for 
 
 Construction of words not defined provided for .... 
 
 Conveyance ; court may appoint person to make, when 
 
 effect of when duly made ... 
 
 how made on refusal of trustee . . .... 
 
 Costs of order improperly obtained, by whom payable .... 
 
 orders, &c., may be paid out of proceeds of lands 
 on application to master in first instance, how paid. . . 
 hearing of motion or petition, how regulated.. 
 
 Court ; the term defined .... .... 
 
 Death of trustee intestate without heir, &c. ; procedure in case of 
 Definition of words in chapter and rule of construction .... 
 
 Disability of applicant for order not to affect application 
 
 Distribution of assets by executor, &c.,how made and effect of . . 
 Facts necessary to order, when proved court may make order. ,. 
 Incapacity, &c. , of trustee ; order founded on evidence of what . . 
 Infant trustee ; order with respect to, how made and efi'ect of . . 
 Jurisdiction ; trustee out of, court may make order .... 
 
 Land converted into money by railway Act .... . . . . , 
 
 reconveyance of, &c. , may be ordered when . , .... 
 
 Master ; application may be made to, in first instance. . .... 
 
 certificate to be given by, and to what effect 
 
 order when granted by, how enforced 
 
 reference may be directed to, in hearing petition . . 
 Mortgage or purchase money ; payment of bona jCde, effect of. . . 
 New trustee ; appointment of by cestui que trust, when .... 
 
 Petition and affidavit ; presentation of and proceedings under . 
 Petitioner ; order may be postponed until right of declared 
 Possessed ; definition of word when used in chapter ... .... 
 
 Process ; proceedings when trustee cannot be served with. . 
 
 proviso as regards effect of decree on party not served. . 
 
 Kepairs ; court may apportion charge among parties 
 
 real estate may be mortgaged for in certain cases .... 
 
 Seised ; definition of word when used in chapter. . . 
 
 trustee last ; where unknown, if living or dead .... 
 
 Survivor ; in case of doubt as to which trustee was 
 
 Trustee Act of 1 850, English, undefined words to be construed by 
 
 out of jurisdiction, court may make orde?- . . . 
 Vacancies in trustees of church property, and how supplied 
 
 PAGE 
 
 1207 
 
 . 1209 
 
 1209 
 
 . 1209 
 
 1212 
 
 . 1209 
 
 121.3 
 
 1213-4 
 
 . 1214 
 
 1211 
 
 1212-1213 
 
 1212 
 
 1212 
 
 1210-12U 
 
 1211 
 
 1211 
 
 1211 
 
 1209 
 
 1214 
 
 1213 
 
 1213 
 
 1207 
 
 1209 
 
 1209 
 
 1208 
 
 1210 
 
 1212-1213 
 
 .. 1212 
 1210 
 
 .. 1207 
 1208 
 
 .. 1207 
 1209 
 
 .. 1211 
 1210 
 
 .. 1210 
 1207 
 
 .. 1207 
 1208-9 
 
 .. 1210 
 1209 
 
 .. 1209 
 1212 
 
 .. 1209 
 1211 
 
 .. 1214 
 1209 
 
 .. 1213 
 1207 
 
 .. 1210 
 1210 
 
 .. 1212 
 1212 
 
 .. 1208 
 1208 
 
 .. 1208 
 1207 
 
 .. 1207 
 1213 
 
1516 
 
 GENERAL INDEX. 
 
 U. 
 
 chancellor, fellows and graduates 
 
 Umpire. See Arbiiration ... 
 
 Undevised Estate. See Descent of Meal and Personal Estate 
 
 UNIVERSITY OF HALIFAX ... 
 
 Annual report of transactions of, to be made to Government by Senate . 
 
 Certificates of degrees , . .... 
 
 proficiency ... .... .... 
 
 Chancellor, appointed by Governor-in-Council .... 
 
 Construction of chapter regarding. ... .... 
 
 Convocation, chairman of .... .... .... 
 
 consists of .... 
 
 majority of, to decide .... 
 meetings of, adjournment of ... . 
 
 annual and extraordinary 
 
 notice of , . 
 
 powers of . . .... . 
 
 quorum .... 
 
 register of . .... 
 
 Corporation consists of chancellor, vice- 
 may hold property . . 
 Degrees ; ad eiindem gradum .... 
 
 candidates f or . .... 
 
 certificates of .... 
 
 examination for .... 
 
 power of Senate to confer . . . . 
 
 Examinations, for degrees, to be held yearly 
 matriculation .... ... 
 
 medical degrees .... 
 
 Fees ; account of, how kept . . .... ... 
 
 Fellows ; appointment, &c. , of . . . .... 
 
 Graduates, register of .... .... ... 
 
 Institutions connected with the university 
 Piegister of graduates and convocation . . . , 
 
 Senate ; annual report of, to Government 
 
 by-laws of, submitted to Government 
 
 consists of chancellor, vice-chancellor and fellows 
 
 majority of, decides .... .... .... 
 
 powers and duties of .... .... 
 
 quorum of ... . .... .... .... 
 
 to appoint examiners .... .... 
 
 provide place of meeting for convocation 
 Vice-chancellor ; appointment and office of, &c. 
 Visitor of, Lieutenant-Governor to be ... . .... 
 
 Use and Tkanspoktation of Gunpowder. See Gunpowder, Sfc. ... 
 
 UsEruL Birds and Animals, Preservation op. See Birds and Animals 
 
 page 
 
 .... 1218 
 
 646 
 
 .... 248 
 
 258 
 
 .... 256 
 
 257 
 
 .... 249 
 
 258 
 
 .... 254 
 
 251 
 
 .... 254 
 
 252 
 
 .... 253 
 
 25.3 
 
 .... 252 
 
 254 
 
 .... 251 
 
 3 248 
 
 .... 248 
 
 257 
 
 ..254, 255 
 
 256 
 
 .... 254 
 
 256 
 
 . .254, 255 
 
 255 
 
 .... 255 
 
 257 
 
 .... 250 
 
 251 
 
 .... 255 
 
 .... 251 
 
 258 
 
 .... 257 
 
 249 
 
 .... 252 
 
 . 252, 556 
 
 .... 252 
 
 252 
 
 .... 253 
 
 249 
 
 .... 251 
 
 516 
 
 .... 548 
 
 V. 
 
 Vacancies. See Agriculture, Encouragement of. . . 
 
 County Incorpomlioiis .... 
 
 Trusts and Trimtees .... .... 
 
 Various other chapters. 
 Vacant Lots. See Nuisances .... .... 
 
 Vacating Seats in Legislature, See Legislature 
 
 Vagrants. See Lunatics, Custody, Sfc 
 
 Variance. Intoxicating Liquors .... .... 
 
 Vaults and Privies. See Nuisances .... 
 
 Vaccination. See Boards of Health, ^e 
 
 .... 
 
 229 
 
 ' . . . . " .... 429-43C 
 
 , 434 
 
 
 1207 
 
 
 215 
 
 .""..,.""..,." 8, 
 
 9, 10 
 
 
 281 
 
 
 539 
 
 > • . ■ • ■ 1 . . . . • 
 
 214 
 
 
 212 
 
GENERAL INDEX, 
 
 Venue. See Justices of the Peace, . . ,_ . , 
 
 Supreme Court, <Ssc.. .... ,, , 
 
 VekDICT. 11 II .... .... 
 
 Vice, Prevention of. See County Incorporations . 
 
 View. See Supreme Court, ^■'c ' . i . . 
 
 Visitors. See Lunatics, Custody, d'C. . .. , . . . 
 OF Schools. See Public Instruction. 
 
 Voters. See Election of Members, <S:c 
 
 Elections, ControOerted, ^c. .... 
 
 1517 
 
 PAGE 
 
 726 
 881 
 808 
 446 
 926 
 286 
 24.3 
 . Index 
 . Index 
 
 w. 
 
 Wages. See Mines, Pegulation of 
 
 Warden. County Incorporations . .... 
 
 Wards and Guardians. See Guardians and Wards . 
 
 Warrant. See Statutes, Promulgation, Sfc .... 
 
 OF Appraisement. See Probate Court . . 
 to Confess. See Supreme Court, ^c, .... 
 Warrants, ^ee Assessments, Municipal. .... 
 
 Bastard Children ... . .... 
 
 Constables, Protection of, 
 
 Forcible Entry and Detainer . .... 
 
 Justices of the Peace, ^c. .... 
 
 Poor, Settlement, Ac 
 
 Summary Convictions and Orders, ^c, . 
 Various other chapters. 
 
 Waste. See Dovjer, Writ of. . .. .... 
 
 Probate Court .... .... .... 
 
 Water. See Nuisances, .... .... 
 
 Water Courses. Limitation of A ctions ... 
 
 Ways. See Limitation of Actions .... .... 
 
 Weighing of Minerals. See Mines, Regulation of, , ,. 
 
 Wells and Pumps. See Fires aiid Fireivards 
 
 Streets, Connmissioners of ... . 
 Wesleyans. See Meeting Houses, ^c. , Repairs of. 
 
 WiCKWiRE Dyke. See Sewers, Dyhe^ ^c .... 
 
 Widow, See Descent of Real and Personal Estate , 
 
 Doioer, Writ of .... .... .... 
 
 Married Women, Property of .... 
 
 Probate Court. .... .... .... 
 
 WlEE. Marj-ied Women, Property of ... . 
 
 Witnesses and Evidence, .... .... 
 
 Wills. Mariied Women, Property of .... 
 
 Probate Court .... .... .... 
 
 Witnesses and Evidence .... .... 
 
 WILLS OF REAL AND PERSONAL ESTATE. . . . 
 
 Age, persons under 21 years incompetent to make . 
 Alteration in, how far to aifect validity of. .... 
 
 Appointment by will, how executed. . .... 
 
 Attestation, no form of necessary. .... .... 
 
 Construction, rules for .... .... .... 
 
 Conveyances subsequently made, how far to affect . 
 Definitions of terms .... .... .... 
 
 Devise, by married women, when not void .... 
 
 general, what construed to include .... 
 
 of estates tail, not to lapse if devisees have issue, 
 under mortgage, provisions as to 
 real estate to executors or trustees .... 
 
 without words of limitation 
 to attesting witness, void in certain eases. . 
 
 testator's children, not to lapse if they have issue living 
 
 472. 
 
 114-116 
 .... Index 
 687 
 3 
 720 
 .... 962 
 ■476, 481, 484 
 . . 272, 273 
 180 
 .... 1260 
 725 
 . .267,-270 
 Index 
 
 1237 
 
 .... 714 
 
 215 
 
 120.3-1204 
 
 . . . 1203-1204 
 
 .... 140 
 
 498-9 
 
 .... 349 
 
 196 
 
 .... .310 
 
 644-646 
 
 ,,.. 12,36 
 
 677 
 
 ..699, 701 
 
 Index 
 
 .... 1184 
 
 Index 
 
 698-9, 712, 714 
 
 1182 
 
 637 
 
 637 
 639 
 638 
 637 
 
 641, 642 
 640 
 643 
 637 
 641 
 642 
 642 
 641 
 
 640, 641 
 638 
 642 
 
 640-1 
 
1518 
 
 GENERAL INDEX. 
 
 WILLS OP REAL AND PERSONAL ESTATE-Contlnned. paoB 
 
 " Die without issae '' or " die without leaving issue," how construed .... 64l 
 
 Domicile, subsequent change in, not to invalidate or aflfeot will. . .... 638 
 
 Execution of, within the province .... .... .... .... .... 637-^8 
 
 without the province ... .... .... .... .... 6.38 
 
 Executors, competent as witness to prove, &c .... .... .... 639 
 
 deemed trustees to fulfil testator's contracts .... .... 640 
 
 devise of real estate to, or to trustees, how construed .... .... 641 
 
 General devises, how construed .... .... .... .... .... 641 
 
 Interlineation, obliteration, &c., effect of .1 .... i... •. . . . .... 639 
 
 "Issue," "die without," &c., how construed. . .... .... .... 641 
 
 Lapsed legacies, included in residuary devise, unless, &c. ... .... .... 640 
 
 Marriage revokes wills, except in certain cases .... . . .... 639 
 
 Married i^oman, may make will appointing executor to will of Which she is 
 
 executrix .... .... .... .... . . . , 637 
 
 may make will in exercise of a povi^er of appointment. . i 637 
 
 powers of, under " Married Women's Property Act," not 
 
 abridged 637 
 
 Minor cannot make valid will ... . .... .... .... .... .... 6.37 
 
 Mortgagee's interest in devised premises .... .... .... .... 642 
 
 Obliteration, interlineation, &c. , effect of. .... .... .... .... 639 
 
 Penalty for suppressing .... .... .... .... .... .... 643 
 
 Property, what may be devised . . .... .... .... .... .... 637 
 
 Publication of will, due execution to be sufficient .... .... .... 638 
 
 Real estate, devise of without words of limitation, effect of. .... . .640, 641 
 
 Residuary devise, lapsed legacy comprised in, unless, &c .... 640 
 
 • Revival of will already revoked, how .... .... .... ... .... 640 
 
 Revocation of, by another will or codicil .... .... . . , . .... 639 
 
 burning, tearing, &c. ... .... .... .... .... 639 
 
 marriage, except in certain cases .... .... .... 6S9 
 
 none from change of circumstances .... .... .... 639 
 
 domicile .... .... ... 638 
 
 revival of, after, how effected ... .... .... .... 640 
 
 Rules of construction of 640-1, 641, 642 
 
 Signature to will, how and when made ... .... .... .... .... 637-8 
 
 Soldiers and seamen, personal estate how disposed of . .. .... .... 638 
 
 Trustee, devise of real estate to, how construed .... .... .... .... 641 
 
 executor to be, to carry out contracts .... .... 640 
 
 Will, meaning of word in chapter .... .... .... .... .... 643 
 
 must be in writing .... .... .... .... .... .... 637 
 
 signed at foot or end by testator, &c .... , . . . 637-8 
 
 witnessed and subscribed by two or more witnesses present 
 
 together with testator . .... .... .... 637 
 
 not invalidated by subseyuent change of domicile .... .... .... 638 
 
 penalty for suppressing .... .... .... . . , , .... 643 
 
 when to take eifect .... .... .... .... .... .... 640 
 
 Witnesses ; creditor of testator competent though debt charged 639 
 
 executor of will competent to prove, (fee. .... .... .... 639 
 
 incompetency of, not to invalidate will ... . .... .... 638 
 
 must subscribe will in presence of testator .... .... 637 
 
 two or more required .... .... .... .... .... 638 
 
 when, may take devise under the will . .... .... . 638, 639 
 
 WiNDma UP. See Incorporated Covipanies, ^c .... ... ... 588 
 
 Winter. Highicay Labor . : ^ . .... .... . , , . .... 388-9 
 
 Witnesses. Arbitration ... 1214,1215 
 
 Costs and Fees .... .... .... .... ....1267,1272 
 
 Deeda, ^c. . Registry of ... . .... .... .... .... 625 
 
 Intoxicating lAqiwrs. . . .... .... .... .... 538-9 
 
 Magistrates' Courts, Sfc .... .... .... 731 
 
 Probate Court .... 714, 719 
 
 Sewers, Dyke, (fcc .... .... .... .... 312 
 
 Supreme Court, &c. . . . .... .... .... .... Index 
 
 Wills of Re,al and Personal Estate . . .... . , . , 637-639 
 
GEKEEAL INDEX. 
 
 1519 
 
 WITNESSES AJfD EVIDENCE 
 
 Acts, &c., of state, how proved and When admissible. . . .... 
 
 having efi'ect in England, &c., to have eflect here .... .... 
 
 Administrators ; evidence, where parties to suits .... .... 
 
 Adultery ; sections 16, 17 and 18 not to apply to. .. , . , . .... 
 
 Affidavits to hold to bail, how taken abroad . , .... , . , . 
 
 Affirmation, when allowed in place of oath .... ... . . , . 
 
 British ship ; register, &c., of, how proved.., .... .... 
 
 Certificate of prothonotary on certain plans, efifect of .... .... 
 
 registrar of deeds to be taken as evidence .... 
 
 treasury board, how proved .... .... .... 
 
 Commission from court abroad, how executed.. .... .... 
 
 Commissioners ; appointment and powers of, abroad .... , . , . 
 
 definition of term ... .... , . , . , . , . , 
 
 Communications between husband and wife, disclosure of . .. .... 
 
 Contempt of orders, &c., how treated .... .... 
 
 Copy ; certified, of deeds and grants receivable in evidence. .... 
 
 duplicate original of grant, &c., admitted., 
 map, &c., from Dominion Government offices. . .. 
 
 papers filed in provincial courts admitted. .. 
 probate of will or copy admitted .... .... 
 
 proclamation, &c., admitted .... .... 
 
 Crime or interest ; not to render witness incompetent .... .... 
 
 Deeds ; certified copies of, admissible in evidence .... 
 
 executed out of province, how proved .... 
 
 Declarations under Act of 5th and 6th, \Vm. IV., Chap. 62, effect of. 
 Definition of terms "Commissioners" and "Witnesses"... .... 
 
 Depositions, &c. , to be returned to prothonotary .... .... . 
 
 when adverse party may use .... .... 
 
 Documents admissible in England, &c., admitted .... .... 
 
 Duplicate, original ; certified copy of receivable. ... .... 
 
 Executors ; evidence, where parties to suits ... .... 
 
 Pees must be tendered to witness, when . . .... .... 
 
 Grants i certified copies of, admissible ..... .... .... 
 
 Handwriting ; proof of by comparison ... .... .... 
 
 Husband not compellable to disclose communication from wife. . 
 Inconsistent statement ; evidence of receivable .... .... .... 
 
 Instrument ; how proved .... . " • • ' • • • " • • " • • ' 
 
 Judge, testimony of, how taken ■ ' .... .... .... • • . . 
 
 Judgments, &c. ; of courts, British atid Foreign, how proved. ... 
 
 Notice of intention to produce copies of deeds, &c. . .... .... 
 
 Plan of certain townships, how proved .... 
 
 Proclamations, &c. , how proved . , 
 
 Proof ; by comparison of handwriting .... .... 
 
 of instruments . . .... .... .... .... ' . • . 
 
 foreign deeds .... .... .... .... .... ' 
 
 telegraphic messages . . .... .... • . . . 
 
 Register, &c, , of British ships, how proved .... 
 
 SubpcEna, justice of peace may issue, when .... .... 
 
 Telegraphic messa^ es, how proved .... .... .... .... 
 
 Treasury board, proof of certificate of ... . .... .... 
 
 Wife, not compellable to disclose communication from husband . 
 Wills ; probate or copy of, when admissible .... 
 
 provisions as to when made abroad .... .... .... 
 
 Witnesses ; attesting, when evidence of, not necessary 
 
 competency and incompetency of . .... .... 
 
 definition of term. ... .... .... 
 
 examination of ; as to previous statement in writing 
 
 conviction for crime .... 
 
 under commission from abroad .... . 
 
 fees must be tendered, when 
 
 inconsistent statement, evidence of .... .... . 
 
 PAGB 
 
 .... 1179 
 
 1179 
 
 .... 1181 
 
 1184 
 
 .... 1184 
 
 1180-1 
 
 .... 1186 
 
 1181 
 
 .... 1183 
 
 1183 
 
 .... 1188 
 
 1179 
 
 ...1186-7 
 
 1187 
 .... 1184 
 
 1187 
 .... 1182 
 
 1183 
 .... 1187 
 
 1180 
 
 .... 1182 
 
 . 1180-1 
 
 .... 1183 
 
 1182 
 .... 1188 
 
 1181 
 .... 1187 
 
 1187 
 .... 1187 
 
 1180 
 .... 1183 
 
 1184 
 .... 1185 
 
 1182 
 .... 1183 
 
 1184 
 .... 1185 
 
 1183 
 .... 1186 
 
 1179 
 ...1182'-3 
 
 1183 
 .... 1179 
 
 1183 
 .... 1183 
 
 1188 
 ...1187-8 
 
 llSl 
 
 .... 1185 
 
 1187-8 
 
 .... 1188 
 
 1184 
 .... 1182 
 
 1182 
 
 .... 1183 
 
 . 1183-4 
 
 .... 1187 
 
 1185 
 .... 1185 
 
 1179 
 .... 1185 
 
 1185 
 
1620 
 
 GENERAL INDEX. 
 
 WITNESSES AND EVIDENCE-Continned. 
 
 Witnesses may affirm instead of swear . . .... .... 
 
 party producing not to impeach credit of . . .... 
 
 parties who may administer oath to . . . 
 
 WoMEK, Married, Deeds by. See Married Women, Property of. . . 
 Protection of. See Married Women, Property 
 
 AVooDcocK AND Snipe. See Birds and Animals 
 
 Woods, Protection of, &c. See Fires, Protection of Woods against 
 AVoRKS, Ptjblio, SubsoripTigns to. See Public Works, Subscriptions 
 
 AVrit OF Certiorari. See Supreme Court 
 
 Dowek. Dower, Writ of .... .... 
 
 Execution. Execution. 
 
 Habeas Corpus. See Liberty of Subject . .... 
 
 Injunction. Supreme Court, Sj-c. ... .... 
 
 Inquiry. " " .... 
 
 Mandamus. " " " .... 
 
 AVRONGb to Children. See Children, Prevention, 4rc 
 
 
 PAGE 
 
 
 .... 1186 
 
 
 1184 
 
 
 .... 1186 
 
 
 . 662-668 
 
 of..'" 
 
 ..671-674 
 
 
 .551 
 
 
 .... 507 
 
 s to ... 
 
 490 
 
 .. 96.3, 
 
 1075, 1076 
 
 
 1236 
 
 
 1221 
 
 
 Index 
 
 
 Index 
 
 
 
 .... Index 
 
 
 685 
 
 Yarmouth. 
 Year. 
 
 See County Incorporations . 
 Statutes, Promidgation, <fcc. 
 
 430-431 
 3 
 
APPENDIXES 
 
 REVISED STATUTES 
 
 isro'v^j^ SCOTI.A. 
 
 FIFTH SERIES. 
 
CONTENTS 
 
 APPENDIXES. 
 
 APPENDIX A. 
 
 Unrepealed enactments of tlie Legislature of Nova Scotia, not included 
 in the Revised Statutes, Fifth Series. 
 
 I. 
 
 ENACTMENTS WITHIN THE JURISDICTION OF THE 
 LEGISLATURE OF NOVA SCOTIA. 
 
 Chapter 28 of the Revised Statutes, Third Series : 
 
 PAGE 
 
 Of Naval Property 3 
 
 Chapter 7 of the Acts of 1857: 
 Entitled, " An Act for transferring to Her Majesty's Principal Secretary 
 of State for the War Department, the Powers and Estates vested in 
 the Principal Officers of Her Majesty's Ordnance Department " . . . . 6 
 
 Chapter 27 of the Acts of 1879 : 
 Entitled, " An Act relating to the Taxation of Cotton Mills ;" amended 8 
 
 Chapter 28 of the Acts of 1879 : 
 Entitled, " An Act relating to the Taxation of Sugar Refineries" 8 
 
 II. 
 
 ENACTMENTS UPON MATTERS WHOLLY OR PARTIALLY 
 WITHIN THE JURISDICTION OF THE PARLIAMENT OF 
 CANADA, OR OF DOUBTFUL JURISDICTION. 
 
 Chapters and parts of Chapters of the Third Series of the 
 
 Revised Statutes. 
 
 PAGE 
 
 Chapter 23. Of Sable, Saint Paul, and Scattarie Islands, and of Light 
 
 Houses : Ss. 3, 5 9 
 
 Chapter 81, Of Factors and Agents 9 
 
IV. C0NT3NTS OF APPENDIXES. 
 
 PAGE 
 
 Chapter 123. Of the Supremo Court and its Officers : S. 17 12 
 
 Chapter 126. For the Court for Divorce and Matrimonial Causes ; with 
 
 amendments 12 
 
 Chapter 129. Of Stipendiary or Police Magistrates ; with amendments. 15 
 
 Chaptke 147. Of Petty Offences, Trespasses and Assaults: amended. . 20 
 
 Chapter 159. Of Offences against Eeligion : Ss. 2, 4, 5 24 
 
 Chapter 160. Of Offences against Public Morals 25 
 
 Chapter 162. Of Offences against the Public Peace : amended 26 
 
 Chapter 1~1. Of the Administration of CriminalJustice in the Supreme 
 
 Court 27 
 
 ENACTMENTS NOT FORMING PART OF THE THIRD SERIES 
 OF THE REVISED STATUTES. 
 
 Chapter 82 op the Revised Statutes, Second Series : 
 
 Of Interest : Ss. 2, 4, 5 3.3 
 
 Chapter 17 of the Acts of 1866 • 
 Entitled, "An Act to enforce the taking of the Oath of Allegiance" : S. 1. 33 
 
 Chapter 22 of the Acts of 1879 : 
 Entitled, " An Act respecting Estreats " : S. 1 2 34 
 
 APPENDIX B. 
 
 The Act of the Imperial Parliament, 30° and 31° Victorise, Chapter 3, 
 known as "The British North America Act, 1867." 
 
 30° AND 31° Victoria, Chapter 3 : 
 
 An Act for the Union of Canada, Nova Scotia and New Brunswick, and 
 
 the Government thereof ; and for purposes connected therewith .... 37 
 
 INDEX TO APPENDIXES 
 
APPENDIX A. 
 
 Unrepealed Enactments of the Legisla- 
 ture of J^ova Scotia, not included in 
 the Revised Statutes, Fifth Series. 
 
■NAVAL PROPERTY, 
 
 I. 
 
 Unaetments witlim tlie Jurisdiction of lie Legislature 
 pf Nova Seotia. 
 
 CHAPTER 28 OF THE REVISED STATUTES, THIRD 
 
 SERIES. 
 
 ■OF NAVAL PROPERTY. 
 
 1. All messuages, lands, tenements and heredrtaments, Property heW 
 •erections, buildings an<l property whatever, -which have*ervice''to""™e 
 been conveyed to or ate vested in any person or persons, ^«.«*^d '^^^Lord 
 or are held or in any mann-er occupied by or in the name or commission- 
 of any person or persons, in trust for Her Majesty or her fng.^""^ ''""' 
 T03'al predecessors^ and her or their heirs or successors for 
 
 the use of the naval service of the United Kingdom, or of 
 any of the <lepartinents of or belonging to the said naval 
 ■service by whatever mode of conveyance, or by whatever 
 title or for whatever estate or interest therein, the same 
 shall have been conveyed or be vested, held or occupied, 
 together with the rights, members, easements and appur- 
 tenances to the same respectively belonging, shall be and 
 become and remain and continue vested in th« 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 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 for Her Majesty, her heirs 
 .and successors, for the public service. 
 
 2. From and after the purchase and conveyance, grant atso lands sub- 
 -or demise thereof, all other messuages, lands, tenements oha^ld. ■* ^'"^ 
 .and 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 
 Jiaval service of the said United Kingdom, 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 erectetl or built thereon, with the rights, 
 memberSj easements and appurtenances to the same 
 
4 NAVAT. PROPERTY. [APPX. A. 
 
 respectively belonginrr, shall in like manner be and 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, and his or their suecessoi-s in the said 
 office, according to the respective nature and qualitj'^ of 
 the .said messuages, lands, tenements and hereditaments, 
 and the several estates and interests of and in the same 
 respectively, in ti'ust as aforesaid. 
 In oise of death, 3. Upon the dcath, resignation or removal of the 
 be"vestedfn"suc°P''esent Commissioners for executing the office of Lord High 
 cessois. Admiral of the United Kingdom, or of any of them, or of 
 
 any future 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 commis- 
 sioners for executing the office of Lord High Admiral 
 aforesaid, or the Lord High Admiral aforesaid, as the case 
 may be, and so in perpetual succe.ssion, 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 
 aforesaid. 
 Titles of com- 4 In all decds, convevances, leases, contracts and Other 
 
 missioners to be . ^ . •J ' ' 
 
 usui in deeds, instruments touching any estate, projJerty, matter or thing^ 
 relating to the naval service of the said United Kingdom, 
 or to any depaitment under the control of the Commissioners 
 for executing the office of Lord High Admiral aforesaid, or 
 whereto they or any of them shall be parties, it shall be 
 sufficient to describe them generally by the style and titl& 
 of "The Commissionei's for executing the office of Lord 
 High Admiral of the United Kingdom of Great Britain 
 and Ireland," without expressing their names ; and all such 
 deeds, conveyances, leases, contracts and other instruments, 
 wherein the said Commissioners 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 bad executed or signed the same. 
 
 Povvers of com- 5. It .shall and may be lawful for the Commissioner*^ 
 to sell, 'leaseifor executing the office of Lord High Adniiral aforesaid for 
 the time being, or any two or more of them, or the Lord 
 High Adniiral aforesaid, to sell, exchang-e, or in any manner 
 dispose of or let, or demise any of the messuages, lands, 
 tenements and hereditaments respectively which shall b& 
 vested in them under or by virtue of this Chapter, with 
 their respective appurtenances, either by public auction or 
 private contract, and in due form of law to convey, s.arren-> 
 
APPX. A.] Staval property. 5 
 
 der, assign or make over, or to grant or demise the same 
 rpspectively, as the case may require, to any person or 
 persons who shall be willing to purchase oi' 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. 
 
 6. It shall be lawful for the said Commissioners for commissioners, 
 executing the office of Lord High Admiral aforesaid f or o^Se "mf S,d 
 the time being, or the Lord High Admiral aforesaid for "''*'''""• 
 the time being, and they are hereby authorized and 
 empowered to bring, prosecute, and maintain any action, 
 suit, or other proceeding at law or in equity, for recovering 
 possession of any messuages, lands, tenements or heredita- 
 ments, 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 behalf, 
 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 hereditaments, or any trespass or "encroachment com- 
 mitted thereon, or damage or injury thereto; and that ia 
 -every such action or suit the said Commissioners shall be 
 called " the Commissioners for executing the office of Lord 
 High Admiral of Great Britain and Ireland," without 
 naming them ; and no such action or suit shall abate by Action not to 
 the death, resignation or removal of such Commissioners,*"'^ °"''^''*''' 
 or any of them, or of such Lord High Admiral, any law, 
 •custom, or usage to the contrary notwithstanding; and the May recover and 
 vsaid Commissioners or Lord High Admiral shall be entitled ^ogj^''''^^ '° p"'^" 
 to recover costs for and on behalf of Her Majesty where 
 .judgment shall be given for the Crown, and shall 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. 
 
6 HILrTARY PEOFERTT. [aFPX. JL. 
 
 CHAPTER 7 OP THE ACTS OF 1857; 
 
 ENTITLED, — " AN ACT FOB TRANSFERRING TO HER MAJESTY'* 
 SECRETARY OF STATE FOR THE WAR DEPARTMENT THE 
 POWERS AND ESTATES VESTED IN THE PRINCIPAL- 
 OFFICERS OF HER majesty's ORDNANCE DEPARTMENT. "^ 
 
 All property 1. All lands, hereditaoienta-, estates and property 
 
 ed^nVrdnlnce whatsoevcr, which, by vktue of the Act passed in the sixth 
 6o"'''i843''T'c'^ 3'ear of Her present Majesty '&Teign,^entitled,, " An Act relating 
 transferred to to certain Lands belonging, to Her Majesty, and for vesting 
 War Depart- the title to the same in the Principal Officers of- Her 
 ment. Majcsty's Ordnance Department," or of any other Act or 
 
 Acts, or of any conveyance or assurance, or of any law, 
 custom or usage, were vested in the principal officers of 
 Her Majesty's Ordnance, on behaW of Her Majesty, or 
 which have been at ax\y time before the passing of this Act- 
 held, used or taken by or in the nam« of, or by any person- 
 in trust for Her Majesty, for the use and service of the said 
 department, or for the public defence, and which h-ave not 
 been sold, aliened or parted with, shall from' henceforth be, 
 and the same are hereby transferred and declared to be 
 transferred to, and vested in Her Majesty's Principal 
 Secretary of State for the War Department, on behalf of 
 Her Majesty, and when and so often as the Principal 
 Secretary of State for the War department, or any succeed- 
 ing Principal Secretary of State for the War Department, 
 shall cease to hold that office, the said several lands, here- 
 ditaments, estates and property, and all lands, hereditaments,- 
 estates and property which hereafter shall be purchased or 
 otherwise acquired by any such Principal Secretary of State 
 for the W^ar Department, on behalf of Her Majesty, shall 
 by virtue of this Act be absolutely divested out of such 
 Secretary of State so ceasing to hold such office, and shall 
 by virtue of this Act be transferred to and vested in his 
 successor in the said office, immediately upon his receiving 
 the seals of the said department, absolutely ;- and the lands, 
 hereditaments, estates and property hereby vested and 
 hereafter to be vested in the Principal Secretary of State 
 for the War Department and his successors, shall, as to such 
 of them as were or shall have been purchased, or are or 
 shall be held for an estate of inheritance in fee simple, be 
 so vested in such Principal Secretary of State and his 
 successors, in the same manner as if the fee simple thereof 
 had been originally conveyed to such Principal Secretary of 
 State as a corpoiation sole and his successors j and as to all 
 lands, hereditaments and property purchased or held for 
 any less estate than an estate of inheritance in fee simple 
 as if the same lands, hereditaments and property had been 
 originally conveyed, demised or otherwise assured to such 
 
AfPX. A.] MILITARY PROPERTY. 7 
 
 Principal Secretary of State as a corporation sole and his 
 successors, for all the existing estates and interests therein 
 respectively, and so from time to time. 
 
 2. All contracts, covenants and agreements heretofore contracts 
 
 1 1 1 • . 1 " 1 already made. 
 
 made or entered into by any person or persons whomsoever 
 with the principal officers of the Ordnance or any person 
 or persons on their behalf, as to or concerning any lands, 
 hereditaments, estates and property vested in or agreed to 
 be purchased by them, or in any wise relating to the 
 public service, shall be deemed to have been made or 
 entered into with such Principal Secretary of State, and 
 shall be executed and enforced by him in like manner as 
 if he had been originally party thereto, instead of the 
 principal officers of the Ordnance; and all proceedings P'ooeecUngs in 
 
 ■*■,,■*■ I'll 1 1 1 1 whose name 
 
 whatsoever which nave been or may have been commenced, taken, 
 taken or done in the name of the principal officers of the 
 Ordnance on behalf of Her Majesty, shall and may hereafter 
 be commenced, continued, taken and done in the name of 
 such Principal Secretary of State for the War Department, 
 in like manner (in case of proceedings already commenced, 
 taken or done) as if he had originally been party thereto, 
 instead of the principal officers of the Ordnance. 
 
 3. In every contract, conveyance, lease or other ^^^'Ji^^^Jj^'^j.!^^ 
 assurance of any lands, hereditaments, estates or property, in— execution 
 with, unto or by the Principal Secretary of State for the°' 
 
 War Department for the time being, and in every other 
 deed or in.strument relating thereto, or in any wise to the 
 public service, to which he shall be or shall be intended to 
 be a party, it shall be sufficient to call or describe him by 
 the style or title of " Her Majesty's Principal Secretary of 
 State for the War Department," without naming him ; and 
 every such contract, conveyance, lease, assurance, deed or 
 instrument may be executed by the Principal Secretary of 
 State for the War Department or by any other of Her 
 Majesty's principal secretaries of state for the time being, 
 by signing his name thereto, and, if the instrument so Any principal 
 executed be in the form of a deed, by setting or affixing a sSf °'7xecu' 
 seal thereto and delivering the same as his deed; ^.nd ^^s ^^^g^^*^: 
 whenever any contract, conveyance, lease, assurance, deeded 'secretary 
 or instrument shall be executed by any other principal ment.' °'"' 
 secretary of state than the Principal Secretary of State 
 for the War Department, the principal secretary of state 
 so executing the same shall for that time and on that 
 occasion, and for the purposes thereof, be deemed to be the 
 Principal Secretary of State for the War Department. 
 
 Note. — As an acquaintance with the exact provisions of Chapter 6 of the Acts of 
 1843, does not seem to be necessary for the complete understanding of the above Act, 
 and as the Act of 1843, besides being printed in the volume of statutes for that yokr, may 
 be found at page 120 of the volume of Private and Local Acts published in 1851 under the 
 supervision of the Commissioners for revising and consolidating the Liws of the Province, 
 it has not been deemed advisable to reprint it here. 
 
TAXATION OF COTTON MILLS AND SUGAR REFINERIES. [APPX, A, 
 
 CHAPTER 27 OP THE ACTS OP 1879, 
 
 Certain cotton 
 mills exempt 
 from taxation. 
 
 ENTITLED, " AN ACT RELATING TO THE TAXATION OF COTTON 
 
 MILLS." 
 
 (As Amended by Chapter 16 of the Acts of 188S.) 
 
 1. Any cotton mill that may be erected in Nova 
 Scotia by any person or company, and all real and personal 
 property connected therewith, and the capital employed 
 therein, shall be exempt from all provincial, municipal and 
 local taxation for a period of twenty years from the passing 
 of this Act : provided that such cotton mill shall be erected 
 and in operation before the tenth day of March, A. D. 
 1885, and provided also that a sum of not less than one 
 hundred thousand dollars shall be expended in the 
 construction of such cotton mill, machinery and real estate. 
 
 CHAPTER 27 OP THE ACTS OP 1879, 
 
 ENTITLED, " AN ACT RELATING TO THE TAXATION OF SUGAR 
 REFINERIES." 
 
 Certain sugar re- 1. Any sugar refinery to be crected in Nova Scotia bv 
 fiw texatton?" ^'^y P^rson or company, and all real and personal property 
 connected therewith, and the capital eraploj'ed therein, shall 
 be exempt from all county rates and other local taxation 
 Provisoes. for a period of twenty-one years : provided that such sugar 
 
 refinery shall be erected and in operation within three 
 years from the passing of this Act, and provided also that 
 a sum of not less than two hundred thousand dollars shall 
 be expended in the construction of such refinery buildings, 
 machinery and real estate. 
 
 Note. — See also Chapter 74 of the Acts of 1883. 
 
APEX. A.J SABLE ISLAND, ETC, 
 
 II. 
 
 Enactments upon matters wholly or partially within the 
 jurisdiction of the Parliament of Canada, or of 
 doubtful jurisdiction. 
 
 Chapters and Parts of Chapters of the Third Series of 
 the Revised Statutes. 
 
 CHAPTER 23. 
 
 OF SABLE, SAINT PAUL, AND SCATTAEIE ISLANDS, AND OF 
 LIGHT HOUSES. 
 
 3. Every member of the board, and also their super- Members of 
 intendent and resident keeper, shall have in every respect ^t^'^'|^^t*i™^f 
 upon Sable Island and Saint Paul's Island, and in relation 
 to wrecks 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 sabic island 
 be held within the County of Halifax, and Saint Paul's bounty."*"'*'' 
 Island within the County of Victoria; and any person st-.Baurs, vio- 
 charged with committing 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 re^pectivel3^ 
 
 Note: — Sections 1, 2 and i repealed by Section 11 of Chapter 59 of the Statutes of 
 Canada for 1868. Section. 6 obsolete. 
 
 CHAPTER 81. 
 
 OF FACTORS AND AGENTS. 
 
 1. Any agent entrusted with the possession of goods Agent in pesses- 
 or the documents of title thereto shall be deemed thei°e"titie°'tht'reof 
 owner thereof, so as to render valid and bindinjr upon all ^'?,Po^«''«"', J° 
 
 ' , , . , 1-1 1 8^" or pledge 
 
 persons interested therein any contract made with such them, 
 person for the purchase of such goods, or by way of 
 pledge, lien or security for advances upon such goods or 
 
10 FACTORS AND AGENTS. [APPX. A, 
 
 documents, or for further or continuing advances thereon, 
 
 although the person making such purchase or claiming 
 
 such pledge or lien may have had notice that the person 
 
 with whom such contract is made is only an agent or 
 
 factor ; provided such contract be made in the ordinary 
 
 course of business, and such person shall not have notice at 
 
 the time of making such contract that such agent is not 
 
 authorized to sell the goods and receive the purchase 
 
 monej', or to pledge such goods. 
 
 Agent's powers 2. Any Contract for pledge, lien or security made by 
 
 IhaS^^ of°goods ^11 agent entrusted with the possession of goods or the 
 
 or their titles, documents of title thereto, in consideration of the delivery 
 
 or transfer to him of other goods or documents of title or 
 
 negotiable securities on which the person delivering them 
 
 has at the time a valid lien for a previous advance by 
 
 virtue of some contract made with such agent, shall be 
 
 as valid as if the consideration therefor had been an 
 
 advance of money ; but the lien acquired thereby shall not. 
 
 exceed the value at the time of the goods, documents of 
 
 title, or negotiable security delivered up and exchanged. 
 
 Contracts made 3. Such Contracts, loans, advances and exchanges as 
 
 good fSto be ^re made in good faith, and without notice that the agent 
 
 held valid; lien jjjaking such Contracts or agreements is acting without 
 
 for antecedent o .iij..i ii .» . ^ f, 
 
 debt invalid. authority Or in bad laith, although with notice of such 
 
 agent not being the owner of the goods, are alone rendered 
 
 valid hereby and binding upon all persons interested 
 
 therein. Nothing herein shall make valid any sale, lien or 
 
 pledge in respect of an antecedent debt owing from an 
 
 agent to the person to whom such lien or pledge shall be 
 
 given or sale made, or authorize an agent in deviating from 
 
 any express orders or authority received from the owners. 
 
 Documents of 4. Any document used in the ordinary course of 
 
 business as proof of the possession or control of goods, or 
 
 authorizing or purporting to authorize the holder to 
 
 transfer or receive goods thereby represented, shall be 
 
 considered a document of title. within the meaning hereof. 
 
 Possession ot 5. Any agent possessed of any such document, whether 
 
 titiepossession derived immediately from the owner of such goods or 
 
 of goods. 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. 
 
 tobt^lie'TTu'on ^" ^^^ Contract pledging or giving a lien upon such 
 
 goods. ^ ^^"^*'" document .shall be deemed a pledge or lien upon the goods 
 
 to which the same relates. 
 
 Agent to be con- 7. Such agent shall be deemed possessed of such goods 
 eion'^%t" goodsi or documents, whether the same be in his actual custody or be 
 when^under his jj^y ^^ g^^y Q^her personsubject to his control or on his behalf. 
 
APPX, A.] FACTOES AND AGENTS. 11 
 
 8. Where any advance is made to an agent possessed Advance to an 
 of floods or documents of title thereto, on the faith of aofgoodsortheir 
 contract in writing to consign, deposit, transfer or deliver 1^1 aiTthoriz!fd'to 
 such documents; if such goods or documents shall be P^^?f®'*^™j.^^ 
 received by the person making such advance without i>y others for 
 notice that such agent was not authorized to make such*^^°^ 
 pledge or security, such advance shall be deemed to be an 
 advance on the security of such goods or documents within 
 
 the meaning hereof, though such goods or documents shall 
 not be received by the person making the advance until a 
 period subsequent to such advance. Any contract, whether 
 made directly with such agent or with any person on his 
 behalf, shall be deemed to be made with such agent. 
 
 9. Any payment, whether by money or negotiable Advanoea may be 
 security, shall be deemed an advance within the meaning gowawe^ eeouri- 
 hereof. *''^- 
 
 10. Any agent in possession of goods or the documents ^°°^t°o{'°"o^s 
 of title thereto shall be deemed entrusted therewith by the or their title, 
 
 I , . , 11 • .1 evidence of 
 
 owner unless the contrary be shown in evidence. agency. 
 
 11. Any agent who shall, unauthorized by his principal, ^sent pi'dging 
 for his own benefit and in violation of good faith, make euiity of a mis' 
 any consignment, deposit, transfer or delivery of any goods 
 
 or documents 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 tor 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 Aooessories aiao 
 making any such consignment, deposit, transier or delivery, demeanor. 
 
 or accepting or procuring- such advance, shall be guilty of 
 a misdemeanor, and shall be sentenced to any of the 
 punishments above mentioned as the court shall award. 
 
 13. No agent shall be liable to prosecution for any Agent may 
 such consignment, deposit, transfer or delivery as above For ^advancel 
 mentioned for advances not greater than the amount at^/'^"^?*""' 
 the time thereof 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 Convj^otion^^not 
 evidence in any suit against him, aod no agent shall be agent ;oompui- 
 liable to such conviction upon any evidence whatsoever, no7 evfdenoT^ 
 who shall previous to his indictment have made disclosure °'S»'°«**s«nt. 
 upon oath under compulsory process of any court in any 
 
 action instituted in good faith by a party aggrieved. 
 
12 StJPKEME COURT AlJD ITS OFFICERS, ETC. [aPPX. A. 
 
 Owner may 15. Nothing herein shall affect the right of the owner 
 
 p1edg"d.^'"' ' to redeem such goods or documents of title so pled^ijed 
 before the sale thereof, upon re-payment of the amount of 
 the lien thereon or restoration of the securities in respect 
 of which such lien exists, and on payment or satisfaction 
 to such agent if by him required of any amount in respect 
 of which he would be entitled 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. 
 Proceedings un- x6. These provisions shall not, nor shall any conviction 
 
 •der this Chapter . ^ , . £r l 
 
 not to affect or judgment under them, lessen or in any way atiect any 
 ether remedies, ^g^g^jy a,t law or in equity which any person aggrieved 
 
 would have had against the offender if such provisions had 
 
 not been made. 
 
 CHAPTER 123. 
 
 OP THE SUPREME COURT AND ITS OFFICERS. 
 
 \vhen made out 
 
 Criminal caien- 17. A calendar of the criminal causes shall be sent by 
 sitions''to'''b'e the clcrk of the Crown to the grand jury in each term, 
 °rand *°iu ^^^ together with the depositions taken in each cause, and the 
 jnjiio^m^ents names of the different witnesses ; and the indictments are 
 
 not to be made out, except in Halifax, until the grand jury 
 
 shall so direct. 
 
 NoTE.'-^The remainder of this Chapter was incorporated in Chapter 89 of the Revised 
 Statutes, Fourth Series, which again has been substantially re-enacted in Chapter 104 pf 
 the Revised Statutes, Fifth Series, " Of the Supreme Court and Procedure therein." 
 
 CHAPTER iSe. 
 
 (As amended by Chapter 13, 1866, and Chapter 22, 1870.) 
 
 OF THE COURT FOR DIVORCE AND MATRIMONIAL CAUSES. 
 
 Judge in equity 1. The Judgc in Equity for the time being shall be the 
 [c. ^i\ Tseel^es! Judge Ordinary of the Court for Divorce and Matrimonial 
 ^' ^'l Causes. 
 
 Temporary ap- 2. During the illness or temporary absence of the 
 
 fe 22"i876.) Judge Ordinary or in cases where he maj' be disqualified 
 
 from acting from any cause, the Governor-in-Council shall 
 
 if necessary by warrant under his hand and seal appoint 
 
APPX. A.] CX)URT FOE DIVORCE AND MATRIMONIAL CAUSES. 13 
 
 the chief justice or one of the judges of the Supreme 
 Court to act as judge ordinary during such illness, absence 
 or disqualification, -who when so acting shall have and 
 exercise all the powers and jurisdiction conferred on the 
 Judge Ordinary by this Chapter or any other enactment. 
 
 S. The Governor shall direct a seal to be made for the seai of oourt. 
 court, and may direct the same to be broken, altered or ' ' '^' '^ 
 renewed 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 ofEce ; and Registrar. 
 
 on any vacancy occurring, the Governor shall appoint t^g'^-i^'i^^^'^-^' 
 registrar of the court. 
 
 5. The rules, orders, process and other proceeding's of Keg-istrar may 
 
 , , . ' ^ - , _ ^ ^ o si^ orders, &c. 
 
 the 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 •'™^<i'o*»<"' <>* 
 relating 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 Consanguinity ": 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 pronounce such determination as it 
 shall think fit on the rights of the parties or either of them 
 to curtesy or dower. 
 
 7. The court may direct the examination of witnesses™*' ^'^ *°'- 
 orally ; may declare, by definitive sentence or otherwise, the 
 marriage between the parties in the suit to be null and 
 
 void from such time as the court may deem proper ; may 
 allow casts 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 Execution. 
 sentence by means of an execution similar to 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 Appeal to su- 
 court may, within fourteen days after the pronouncing fa is^seeUe.i 
 thereof, appeal therefrom to the judges of the Supreme 
 
 Court, of whom three at the least in addition to the judge 
 ordinary shall form a quorum ; and, on the hearing of any 
 such appeal, the appeal court may either dismiss the appeal 
 
14 
 
 COURT FOR DIVORCE AND MATRIMONIAL CAUSES. [AfTX. A. 
 
 or reverse the decree or remit the case to the court, to be 
 dealt with as the appeal court shall direct. 
 
 Parties may 11. After the period limited for appealing shall have 
 
 tc*'i¥, i86™s. 7.] expired., 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. 
 
 Proviso. 
 
 Alimony, in dis- 
 cretion of court. 
 [C. 13, 1866, a. 9.] 
 
 Powers same 
 
 as of English 
 
 court. 
 
 IC. 13, 1866, 
 
 «. 10.] 
 
 Exceptions. 
 
 Examination of 
 ■witnesses. 
 
 Rules of evidence 
 same as in Sa- 
 preme Court. 
 TC. 13, 1866, 
 s. 11.] 
 
 In cases of 
 cruelty, hus- 
 band and wife 
 competent 
 witnesses. 
 
 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 terra not 
 exceeding 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 
 possessed 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 adulteiy, 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 examination 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 Provincial Acts that relate to the 
 examining of witnesses de bene 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 proceedings by a wife 
 by reason of adultery, coupled with cruelty, nothing in the 
 forty-fourth or forty-fifth section of Chapter 135 of the 
 Revised Statutes, Third Series, shall prevent the husband 
 and wife respectively from being competent and compellable 
 to give evidence of or relating to such cruelty. 
 
APPX. A.] COURT FOR DIVORCE AND MATRIMONIAL CAUSES, &;C. 15 
 
 15. All persons wilfully deposing or afBrming' falsely ^'»oK"'ityo* 
 m any proceedings before the court, sTiall be deemed guilty [o. is.'isee, 
 of perjury, and shall be liable to all the pains and penalties "' ^^'^ 
 attached thereto. 
 
 16. Affidavits, declarations or affirmations taken in Affidavits, &o., 
 such manner as to be used in the Supreme Court, whether admLiWeasin 
 taken in England or in any of Her Majesty's possessions, or ^cP''i™^fg°jg''- 
 in parts out of Her Majesty's dominions, may be received ^ w] 
 
 as sufficiently authenticated by the court, subject to the 
 rules of the court. 
 
 17. The court shall make such rules and regulations court ehaii 
 
 ,, .. , , e J.T. L ., make rulesto 
 
 concerning the practice and procedure or the court, as it come into op- 
 may from time to time consider expedient ; and shall have pu^Tshed^ln 
 full power from time to time to revoke or alter the same. ®«2«^|«- ^^^ 
 But such rules shall not go into operation until they shall s. is.] ' 
 have been published in the Royal Gazette. 
 
 18. The judge ordinary may sit at chambers when he J^"^e;« o^^''""'^ 
 shall deem it expedient to do so ; and when so sitting shall ohambera. 
 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 judge ordinary 
 in open court and at chambers shall have and exercise the of- jud|e™'^of 
 like authority and control over the persons appearing or ^up^'''me^court 
 practising before him as the judges of the Supreme Court c»nrt. 
 have and exercise over persons appearing and practising s. i4.] ' 
 before them therein. 
 
 19. The court on the hearing of any suit, proceeding costs.^ ^^^^ 
 or petition, and the appeal court on the hearing of anys.i6.]' 
 appeal, may make such order as to costs as to such courts 
 respectivelj' may seem just. Provided that there shall be p™""so- 
 
 no appeal on the subject of costs only. 
 
 CHAPTER 129. 
 
 OF STIPENDIARY OR POLICE MAGISTRATES: 
 
 With Amendments. 
 
 1. The general sessions of any county or district upon Police division. 
 application by petition, signed by at least fifty freeholders 
 
 in any proposed police division, may, if they think fit, 
 appoint a committee of three disinterested persons to inquire 
 into and report upon the propriety and expediency of 
 creating such division. 
 
 2. Such committee, if approving thereof, shall assign Proceedings to 
 
 ,. ^. 1 ij'*' set off same. 
 
 the limits, and assign a name to any such proposed division, 
 
16 STIPENDIARY OR POLICE MAGISTRATES. [APPX. A. 
 
 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 public places of the proposed police district, and 
 
 that the confirmation of the same will be considered at the 
 
 next general sessions ; but such notice shall not be required 
 
 on reporting any application from the town of New 
 
 [C. 9, 1877.] Glasgow, Truro or Kentville ; 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. 
 
 Report to be .3. On such report being approved of by the grand 
 
 jury and confirmed by the court, 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. 
 
 Meetings of jus- 4. Within ten days after the creation of any such 
 
 dhision! """"^ police division, the clerk of the peace for the county shall 
 
 summon the justices residing within the limits of the 
 
 division to meet at some central place therein, to carry out 
 
 the provisions of this Chapter ; and shall attend at such 
 
 meeting and record the proceedings thereof. 
 
 stipendiary jus- .5. The majority of the justices present at such meeting 
 
 pornted!"'&o. "^ shall procccd to select one or more of their number to be 
 
 stipendiary 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. 
 
 Their powers, 6- The stipendiary justice or justices selected, or one 
 
 duties, &0. q£ them, shall, whenever occasion may require, or he or 
 they may think necessary, act as a police court within the 
 aforesaid limits, and shall have and exercise all powers 
 necessary for the preservation 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 also shall 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 trespasses, malicious 
 or wanton injuries to property and breaches of the peace, 
 cpmmitted within the limits aforesaid. 
 Where only one 7. In districts where only one stipendiary police 
 
 pohce magistrate • l l I. l, -iii i. ...^iii 
 
 appointed, on magistrate has been appointed, such police magistrate shall 
 two'tusttces' to require two justices of the peace to preside with him on 
 sit with him. the trial of all larcenies ; and a jury of three persons shall 
 ^"^' be sworn to try the oflfender, if required by him. 
 
 Punishment, 8. The court shall have power to punish offenders 
 
 fines, &o. ypQjj conviction of any offences within their jurisdiction, 
 
,APPX. A.] STIPENDIARY OR POLICE MAGISTRATES. 17 
 
 by imprisonment in the lock-up house or county jail, for a 
 period not exceeding 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 utnitation of 
 two months after commission. actions. 
 
 10. No such Conviction shall be quashed fot want of conviction, &c., 
 form, and no warrant of commitment shall be held void by "d* for*'w2nrSj 
 reason 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 te hold persons court may taite 
 charged with offences, as under recognizances with sureties, f^°°|^^?™°^J 
 to appear and answer in the Supreme Court or the court of supreme court. 
 sessions, and for want of recognizance to commit to the 
 ■lock-up house or county jail. 
 
 ] 2. All process issued by the court shall be signed by Process, how 
 one or more of the justices. signed. 
 
 13. Such justice or justices on their appointment, shall Appointment at 
 appoint a police constable, who shall have power within hL powers^, &ef' 
 the said 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 neces- 
 sary, the police court shall meet and adjudicate upon the 
 case ; but no person shall be detained in custody from the curt, when 
 time of his arrest until the hearing of his case more tban ^^^^'^^^j^p'^^^?'^; 
 thirty hours, except the arrest be made on Saturday ; but remanded, bail, 
 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 
 constable and appoint another. 
 
 14. All persons shall be bound on request to assist thcAn persons to 
 constable in the execution of his duty, and any person ■assist constable. 
 refusing shall be fined not less than one dollar, nor raorcFine. 
 
 than four dollars, by any one of such justices. ^ 
 
 1.5. The .salaries of the stipendiary justices and salaries, 
 constables over and above their fees hereinafter prescribed, 
 shall be fixed by the court of sessions, and shall be assessed 
 and collected by an equal rate upon the ratable inhabitants 
 of the police division, in the same manner as poor rates are 
 collected. 
 
 16. The clerk of the peace for the county shall make How collected. 
 out the collector's roll for the .police division, and the same '®°' °- ^^' ^^'"'■^ 
 b 
 
1& 
 
 STIPENDIARY OR POLICE MAGISTRATES. [APPX. A, 
 
 Sessions may 
 make regula- 
 tions. 
 
 Jurisdiction of 
 police mag^is- 
 trate in civil 
 matters. 
 
 shall be collected by a collector for the police division, to 
 be approved by the sessions in the same manner as other 
 county officers. 
 
 17. The general sessions shall have power to make 
 regulations 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 matters 
 have the same jurisdiction as is now conferred upon two 
 justices, 
 
 Fees. 19. The fees hereinafter enumerated shall be charoreable 
 
 for the services herein mentioned, viz. : 
 
 For affidavit — twenty cents. 
 
 For wariant — fifty cents. 
 
 Service of process— twenty-five cents. 
 
 Recognizance — sixty cents. 
 
 Judgment — twenty cents. 
 
 Warrant of commitment — twenty cents, 
 
 Subpcena — ten cents. 
 
 17th clause to 20. The Seventeenth clause shall be appHcable to the 
 p?ctou.° °""° police court for the town- of Pictou ; and appeals in that 
 
 court shall only be granted under the provisions of said 
 
 clause. 
 
 Appeal- 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 therefrom in the same way 
 and on the same terms as appeals are allowed from the 
 judgments of justices of the peace, but in no other cases. 
 
 CHAPTER 6 OF THE ACTS OP 1865; 
 
 ENTITLED, "AN ACT TO AMEND CHAPTER 129 OF THE REVISED 
 STATUTES, THIRD SERIES, ' OF STIPENDIARY OR POL-ICE 
 MAGISTRATES.' " 
 
 Report of com- 1. The Written report of the committee recruired by 
 
 mittee, how con- , . i t i i , i -V. i '^ 
 
 firmed. scctions onc and two or such chapter, may be confirmed at 
 
 a special sessions called for that purpose during the sitting 
 of the Supreme Court in any county, and with the approval 
 of the grand jury then assembled as fully as the same can 
 be done at the general sessions, provided that notice of 
 such intended confirmation be posted by the clerk of the 
 peace in three public places within such proposed police 
 division for ten days previously. 
 
APPX. A.] STIPENDIARY OR POLICE MAGISTRATES. 19 
 
 2. The provisions of the chapter hereby amended, and Provisions of 
 of this Act, may be carried into effect as regards Port tt'Tppiy^to Port 
 Mulgrave in the County of Guysborough, notwithstanding *'"'^''''™- 
 that the petition on which such proceedings are founded 
 shall not be signed by more than twenty freeholders 
 residing within the limits of the proposed police division. 
 
 CHAPTER 57 OF THE ACTS OP 1874; 
 
 ENTITLED, " AN ACT TO AMEND CHAPTER 129 OF THE REVISED 
 STATUTES, THIRD SERIES, ' OF STIPENDIARY OR 
 POLICE MAGISTRATES,' SO FAR AS REGARDS THE COUNTY 
 OF VICTORIA." 
 
 1. Hereafter it shall be imperative on the grand jury Oensrii sessions 
 and justices of the County of Victoria in general sessions, SS^ite"!''""' 
 in districts where police constables are appointed, to 
 nominate and appoint two justices of the peace to act as 
 stipendiary or police magistrates for each of such districts. 
 
 2. So much of the chapter hereby amended or of any inconsistent law- 
 other enactment as is inconsistent with this Act, is repealed ''^p'"''^*' 
 
 so far as regards the County of Victoria. 
 
 CHAPTER 59 OF THE ACTS OP 1875; 
 
 ENTITLED, "AN ACT TO AUTHORIZE THE APPOINTMENT OF A 
 STIPENDIARY MAGISTRATE FOR THE TOWN OF ANTIGONISH.' 
 
 1. The court of general sessions of the peace for the stipendiaiy ma- 
 County of Antigonish may appoint a stipendiary magistrate of*Antigonish," 
 for the Town of Antigonish, according to the provisions of ''°'' ^pp"'"'^"*- 
 Chapter 129 of the Revised Statutes, " Of Stipendiary' or 
 Police Magistrates "; but to make such appointment valid 
 it shall not be necessary that the grand jury of such county 
 shall approve of the report of the committee to be appointed 
 under the provisions of the first section of such chapter. 
 
 CHAPTER 60 OF THE ACTS OF 1876; 
 
 ENTITLED, "AN ACT TO AUTHORIZE THE APPOINTMENT OF A 
 STIPENDIARY MAGISTRATE FOR THE TOWN OF YAKMOUTH." 
 
 1. The appointment of a stipendiary magistrate f or Ap^po'ntmant le- 
 the Town of \armouth under the authority of Chapter 129 
 of the Revised Statutes, Third Series, " Of Stipendiary or 
 Police Magistrates," shall be lawful, although the grand 
 
20 STIPEXDIAKY OR POLICE MAGISTRATES. [aPPX. A. 
 
 jury of the Township of Yarmouth do not approve of the 
 report of the committee to be appointed under the provisions 
 ProTiBo. of such chapter : Provided the provisions of such chapter 
 
 in reference to the appointment of stipendiary magistrates 
 are complied with in all other respects. 
 
 Preliminary 2. The Decessary preliminary steps for the appointment 
 
 Bteps. j^g^y i^g taken at any general sessions of the peace for the 
 
 Township of Yarmouth, or at any special sessions to be 
 
 called for the purpose, at any time after the passing of this 
 
 Act. 
 
 CHAPTER 51 OF THE ACTS OP 1878; 
 
 ENTITLED, " AN ACT TO EXTEND THE JURISDICTION OF THE 
 STIPENDIARY MAGISTRATE OF YARMOUTH." 
 
 jurisdiobioD ex- 1. The stipendia,ry or police magistrate appointed for 
 tended. ^^g police division of Yarmouth shall have the same 
 
 jurisdiction in all parts of the County of Yarmouth as is 
 now conferred upon two justices of the peace. 
 
 CHAPTER 1 OF THE ACTS OF 1880 ; 
 
 ENTITLED, " AN ACT TO AMEND THE COUNTY INCORPORATION 
 ACT, 1879." 
 
 Stipendiary ma- Sec. 21. The municipal council may at any meeting 
 pMnted'anT re- appoint one cr more police or stipendiary magistrates, under 
 moved. ^^g provisions of chapter 129 of the Revised Statutes, 
 
 Third Series, and the Act or Acts in amendment thereof; and 
 may remove any such person so appointed according to the 
 provisions of. said chapter; and may exercise all the 
 powers conferred on the sessions and grand jury under 
 the said Acts. 
 
 CHAPTER 147. 
 
 OF PETTY OFFENCES, TRESPASSES AND ASSAULTS, 
 
 (As amended by Chapter 1, 1865, Section 15.) 
 
 sesBions to make 11. The sessions shall make regulations for preventing 
 pSingTorseB^ trespasses bv horses, asses, mules, cattle, sheep, swine or 
 farge. ^""'^ " goats going at large. 
 
 Penalty for vio- 12. Persons violating the regulations shsU forfeit a sum 
 Ming reguia- ^^^ exceeding eight dollars. 
 
APPX. A.] PETTY OFFENCES, TRESPASSES AND ASSAULTS. 21 
 
 13. Where a trespass has been committed by horses, fJM!,'.'<'«*°'>*™ 
 
 1 . .1 1 ' . , 1 ,1 "^ T 'jurisdiction over 
 
 asses, mules, cattle, sheep, swme or goats, and the damage trespasses i?y 
 alleged to have been suffered shall not exceed twelve m"'' *"" *° 
 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 other proceedings, as if it were an ordinary debt. 
 
 14. The justice shall grant replevin where required, P^p'^vin may 
 
 •, 1 • • r i- ti .,,' be granted by 
 
 upon security being given for prosecuting the same with justice, 
 effect within seven days. 
 
 15. The writ of replevin shall be in the following i'"™ <>' writ. 
 form : — 
 
 You are hereby commanded to replevy to A. B. his 
 cattle, viz: (here describe them) which C. D. unjustly, as is 
 alleged, detains under pretence of having committed a 
 trespass not exceeding twelve dollars, and also to summon 
 
 the said G. D. to appear before me at , on the 
 
 day of , at o'clock in the noon, there to 
 
 answer such things as shall be objected against him by the 
 said A. B. 
 
 Witness my hand and seal this day of , A. D., 
 
 one thousand eight hundred and . 
 
 E. F., J. P. (seal.) 
 
 16. The iustice shall try the cause commenced by such cause to be tried 
 
 ,,*'.■, , . n , 1 1 . 1 , . 1 • as in other cases* 
 
 writ, and give judgment with the like costs as in orqinary 
 cases of debt and subject to the same further proceedings 
 thereon. 
 
 17. If any person shall cut or carry away the soil or Penalty tor dam- 
 
 .. ■' ^ l.l_j.1.il.lll, aging or defacing 
 
 sods of any common whereby the pasturage shall be a common. 
 injured or the ground defaced, he shall forfeit a sum not 
 exceeding four dollars. 
 
 18. If any person shall cut down or iniure any trees P™aity for in- 
 
 ■^ ^ , 1 Ci • J.1 -J £ juring orna- 
 
 planted for ornament or lert growing on the side ot any mental trees 
 public square, street or highway, he shall forfeit for eve^y"" p"""" ™*=- 
 such tree a sum not exceeding eight dollars; but no penalty 
 shall attach for the removal of any such trees by a com- 
 missioner of streets or surveyor of highways. 
 
 19. If any person shall trespass in a cultivated P™aity for tres- 
 enclosure he shall forfeit a sum not exceeding eight dollars vatedenciosures. 
 for the use of the occupier of the land. 
 
 20. If any person shall illegally cut down or injure any Penalty for in- 
 tree growing on crown or private land, or shall illegally carry "''•'' °' "*^' 
 
22 PETTY OFFENCES, TRESPASSES AND ASSAULTS. [aPPX. A, 
 
 away any such tree when cut down, he shall for every such 
 tree forfeit a sum not to exceed eight dollars to the 
 Commissioner 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 
 Imprisonment, twenty dollars. No person imprisoned under execution 
 issued upon any judgment for breach of this section shall 
 be entitled to jail liiiits, or to the benefit of Chapter One 
 hundi'ed and thirty-seven of the Revised Statutes, Third 
 Series, relating to insolvent debtors, until he shall have 
 been imprisoned, if for the first offence, a period of five 
 days, and for the second or subsequent offence a period of 
 ten days. 
 
 The above penal- 21. Nothing in the two preceding sections contained 
 latory'remedfes! shall take away from the party injured any right of action 
 at law for the trespass committed. 
 
 Offences in ss. 22. The ofFences enumerated in sections seventeen, 
 
 17, 18, 19 and . . i i i i i i 
 
 20, declared un- eighteen, nmeteen and twent}', are hereby declared to be 
 
 orj.F™ '°'°" under the jurisdiction of one or more justices of thu peace, 
 
 according to the amount of penalty sought to be recovered. 
 
 Two justices of 23. Two justices of the peace may hear and determine 
 jurisdidjo'n over ill ^ Summary way all complaints for common assaults and 
 assaults to $8. batteries; and upon conviction the offender shall forfeit a 
 sum not exceeding 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 
 clerk of the peace. '^ 
 
 Executions may 24. If the fine and costs awarded .shall not be paid 
 andoosts.andrm^ forth with, Or within the time appointed for that purpose 
 be'^oXred "not '^y the justices, the same may be levied by execution in 
 exceeding thirty the usual form, under which the offender maj- be imprisoned 
 
 for a period not exceeding thirty days, unless the fine and 
 
 costs be sooner paid. 
 
 Justices may dis- 25. If the justiccs upon the hearing shall deem the 
 Tni ^"'' ce"r- offence not proved, or so trifling as not to merit punishment, 
 tag'iy!^ ""*'■''" they may dismiss the complaint, and if required shall give 
 the party acquitted a certificate accordingly. 
 
 Justices may 26. The justices may give costs either to complainant 
 
 hold (Sitr"'" or defendant, or dismiss the complaint without costs on 
 either side. 
 
 Where offence is 27. If the offence chai'ged be of an aggravated kind, 
 tiler™ay btad Or if upon the hearing the justices think the offender 
 Sppear'^'if* g*° deserving a higher punishment than above prescribed, they 
 pieme court, may bind the offender over by recognizance to appear at 
 
APPX. A.] PETTY OFFENCES, TRESPASSES AND ASSAULTS. 23 
 
 the next Supreme Court to answer the charge, and 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 compliance 
 above, or having been convicted shall have paid the whole ]^ag*nt"^*shaii 
 amount adjudged, or shall have suffered the punishment fi"'* 'romau 
 
 J 1 J 1 !• 1 1 n 1 iurther criminal 
 
 awarded for non-payment thereof, he shall be thereby proceedings. 
 acquitted of all criminal proceedings for the same offence. 
 
 29. Every prosecution under this Chapter shall be Limitation of 
 commenced within six months after the offence committed. 
 
 30. The iustices shall proceed by summons in the form ffooeeijings to 
 
 -.,. *^ *■ "^ be by summons ; 
 
 tollOWing : form given. 
 
 To any of the constables of the County of : 
 
 You are hereby commanded to summon A.. B., of , 
 
 to appear before us at , on the day of 
 
 next, to answer C. D. for a petty trespass {or for a petty 
 assault and battery, as the ease may he) committed on or 
 
 about the day of ' , contrary to the provisions 
 
 ■of chapter One Hupdred and forty -seven. Revised Statutes., 
 Third Series. 
 
 Witness our hands at the day of , 
 
 A. D. 18—. 
 
 E. F., J. P. (seal.) 
 G. H., J. P. (seal.) 
 
 3L The conviction under this Chapter shall be endorsed conviction to be 
 
 T , . , , . ] • ii r endorsed or an- 
 
 ■upon or annexed to the original summons in the rorm nexed to the 
 following: ^™er"'' '""" 
 
 The within named C. D., having been duly summoned, 
 ■was this day convicted of a petty trespass for apetty assault 
 and battery, or a petty assauHJ upon his own confession (or 
 upon default, or upon the oath of J. K., as the case may be, 
 ■Mating the manner of the party's conviction and the names 
 ■of the witnesses examin-ed), 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. D. 
 
 18—. 
 
 E. F., J. P. 
 G. H., J. P. 
 
 Which, when signed by the justices, shall be a valid record 
 •of such conviction. 
 
 32. If anv person shall interrupt, molest or hinder any Penalty forinter- 
 
 1 'i . ii J.T. • 1 feriiij? with sur- 
 
 principal or deputy surveyor, or other person autnoiizedveyo?. 
 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 
 
24 OFFENCES AGAINST RELIGION. [APPX. 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. 
 
 Note.— Sections 1 to 10 of this Chapter, both included, were repealed by C. 48i, 
 Canada, 1875. 
 
 CHAPTER 159. 
 
 OF OFFENCES AGAINST RELlGION.^ 
 
 Fine for dese- 2. Any person who shall be convicted before a justicfr 
 Lorf™day. *''^ of the peace of shooting, gambling or sporting, of frequent- 
 ing tippling houses, or of servile labor, works of necessity 
 and mercy excepted, on the Lord's day, shall for every 
 offence forfeit not less than one nor more than eight dollars, 
 and in default of payment shall be committed to jail for a 
 term not less than twelve hours nor m.ore than four days. 
 
 Loosing or injur- 4. If any person shall wilfully or wantonly untie> 
 in^oinityof cer-i'S'^o'^'6 or let loose, disfigure or injure any horse, or remove 
 tain meetings, qi meddle with, injure or dbstroy arty vehicle, or cut, injure 
 or destroy any harness connected with such horse or vehicle, 
 while the same are in the vicinity of any place where such 
 meeting (i. e. of persons lawfully convened for any religious, 
 moral, social or benevolent purpose) may be in the act of 
 being held, he shall for every offence forfeit a sum not less- 
 than five dollars, nor more than forty dollars. 
 
 Arrest and pun- 5. Any person offending against the provisions of the 
 ^tr"""°*^"" fourth section of this Chapter, may be arrested on view by 
 any peace officer present at such meeting, or by any other 
 person thereto vei-bally authorized by any justice of the 
 peace present thereat ; and such offender shall thereupon 
 be committed to the county jail until he shall find security 
 to the satisfaction of a justice for his good behavior, and 
 to pay any fine or penalty that maj' be imposed upon him 
 on any prosecution for such offence. 
 
 KoTB.— Sections 1 and 3 repealed by Chapter 86, Canada, 1869. 
 
^PX. A.] OFFENCES AGAINST PUBLIC MORALS. 25 
 
 CHAPTER 160. 
 
 OF OFFENCES AGAINST PUBLIC MORALS, 
 
 1. Any person who shall be convicted of drunkenness Fins tor dmnk- 
 either 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, apd in default of payment shall be com- 
 mitted 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 Punishment for 
 be 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 Punishment for 
 common gambling house, bawdy house or other disorderly ^^^."bawdy^r 
 house, room or place,' shall be imprisoned for a term not disorderly house 
 exceeding two years. 
 
 4. Any person who shall appear or act as master or who may be 
 mistress, or as having the care or management of any tt^w^ hoX! 
 gambling house, bawdy house or other disorderly house, 
 
 shall be deemed to be the keeper thereof, and shall be 
 prosecuted and punished as such, notwithstanding he or 
 she shall not in fact be the real owner or keeper thereof. 
 
 5. Any person who shall keep a common gambling; Trial and punish- 
 
 i_ 1-111 1 1 , '^ raentofoflendera 
 
 house, or disorderly house, shop, room or place, may be 
 summarily tried and convicted before two justices of the 
 peace, or, if in the City of Halifax, before the police court; 
 and, on conviction, shall be punished by a fine, not to 
 exceed twenty dollars, or by imprisonment in jail or 
 bridewell, 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 direct. 
 
 6. Any iustice of the peace, or, if in the Citv of -^"y J^sttoe, &o., 
 
 TT 1-j? ii ij t i.' " i;niay enter gam- 
 
 Haliiax, the mayor or any alderman, may, at any time or bUng houses, &o. 
 the night or day, enter any house, shop, room or place, 
 suspected of being a gambling or bawdy house, shop, room 
 or place; and it shall be their duty, upon reasonable 
 suspicion, or on evidence tendered them under oath, so to do. 
 
 7. Any person profanely cursing or swearing in the Fine for profane 
 hearing of a justice of the peace, or who shall be convicted ^'^^*™^- 
 thereof, shall forfeit fortj^ 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 less than two nor more than twelve 
 hours. 
 
 8. Whoever shall undertake or set up, or shall by ^"«J°^g^^t™f 
 
 writing or printing publish the undertaking or setting up ting in lotteriea 
 . s>, '■^ 'm J 1 -L-L • i J. i. or raffles, 
 
 of any lottery or raffle for money or goods, with intent ta 
 
26 
 
 OFFENCES AGAINST THE PUBLIC PEACE. [APPX. A. 
 
 have such lottery or raffle drawn or thrown, or to induce 
 persons to. purchase tickets or to wive 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 raffle, 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. 
 
 CHAPTER 162. 
 
 Punishment 
 where three 
 or more per- 
 sons unlaw- 
 fully assem- 
 ble or con- 
 tinue assem- 
 bled. 
 
 Punishment for 
 unlawful assem- 
 blages damaging 
 churches or ma- 
 chinery. 
 
 Punishment for 
 public fightin£^. 
 
 Punishment for 
 carrying danger- 
 ous weapons. 
 
 Riotous or dis- 
 orderly conduct 
 in streets orhigh- 
 ways. 
 
 OF OFFENCES AGAINST THE PUBLIC PEACE. 
 
 (As aynended hy Chapter 1£, 1869.) 
 
 5. If three or more persons shall assemble, or having 
 assembled shall continue together, with intent without 
 lawful authority to execute any common purpose with 
 force and violence, or in so violent and tumultuous a 
 manner, or under such circumstances as are calculated to 
 create terror and alarm amongst Her Majesty's subjects, 
 such persons shall be imprisoned for a term not exceeding 
 two years. 
 
 6. If anj'^ persons unlawfully assembled together to 
 the disturbance of the public peace, shall damage or destroy 
 any church, chapel or meeting house for the exercise of 
 religious worship, or any building or erection, or any 
 machinery, whether fixed or movable, prepared for or 
 employed in any manufacture, such offenders shall be 
 imprisoned for any term not exceeding two years. 
 
 7. If two or more persons shall fight together in a 
 public 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 unusual weapons in any public place, in such a manner 
 and under such circumstances as are calculated to create 
 terror and alarm amongst Her Majesty's suVijects, 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 
 riotous or disorderly conduct in any street or highway, 
 wantonly or maliciously disturb the peace and quiet of the 
 inmates of any dwelling house near such street or highway, 
 he shall for every offence forfeit a sum not less than two 
 dollars nor more than eight dollars. 
 
APPX. A.] CRIMINAL JUSTICE IN THE SUPREME COURT. 27 
 
 10. No persons shall stand in a group or near to each Penalty for "b- 
 
 .1 '.. ., 11. 1 structing street 
 
 Other on any street or sidewalk in such manner as to or sidewalk. 
 obstruct a free 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, penalty foruaing 
 thoroughfare or sidewalk, shall openly use any prof ane, ^^"^^^Jf^^l^^^ 
 obscene, lewd or lascivious language or behaviour, may be'^^e. 
 forthwith taken 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 Penalty for ohai- 
 or sidewalk, who shall openly challenge any person to&c.^""^ ° ^ ' 
 fight, or shall use abusive or provoking language, may l-,e[c.i2, i869, s.3.] 
 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 exceeding ten days. 
 
 Note. — Sections 1, 2, 3 and 4 repealed by 'Chapter 36, Canada, 1869, See also .^ 
 Chapter 30, Canada, 1877. 
 
 CHAPTER 171. 
 
 OF THE ADMINISTRATION OF CRIMINAL JUSTICE IN THE 
 SUPREME COURT. 
 
 59. Any person that .shall hereafter be committed tocsiarg-es of con- 
 jail for any offence or misdemeanor, having means or ability to^]^ to'bTde- 
 thereunto, shall bear his own reasonable charges for con- g™^^ ^^*n*™f 
 veying or sending him to jail, and the charges also of such aMuty ; proceed- 
 as shall be appointed to guard him and shall so guard him the same. 
 thither ; and if any person shall refuse to defray such 
 charges, then a justice of the peace, by writing under his 
 hand and seal, .shall give warrant to any constable to sell 
 so much of the goods and chattels of the said person so to 
 be committed as by the discretion of the said justice shall 
 satisfy and pay the charge of his conveying and sending to 
 the jail, the appraisement to be made by two inhabitants 
 of the town or place where such goods or chattels shall be, 
 and the overplus of the money which shall be made thereof 
 
28 CRIMINAL JUSTICE IN THE SUPREME COURT. [APPX. A. 
 
 to be delivered to the party to whom such goods shall 
 belong. 
 Constable's ex- 60. If the person so to be committed shall not have or 
 Wed and paid, be known to have any goods or chattels which may be sold 
 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 expenses to be allowed such constable or other 
 officer, and shall forthwith, without fee, by warrant under 
 his hand and seal, order the treasurer of the county to pay 
 the same, which the treasurer is hereby required to do as 
 soon as he receives such warrant, and any sum so paid shall 
 be allowed in his accounts. 
 
 wftnrases"^ how ^^ ' When any poor person shall appear on recognizance 
 paid. ' 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 
 such person, and on consideration of his circumstances, in 
 open court to order the treasurer of the county in which 
 the offence shall have been committed, to pay unto such 
 person such sum of money as to the court shall seem reason- 
 able for his time, trouble and expense ; which order the 
 proper officer shall make out and deliver unto such person, 
 ^ upon being paid for the same the sum of ten cents and no 
 more ; and such treasurer is hereby required, upon delivery 
 of such order, forthwith to pay to such person or other 
 person authorized to receive the same, such sum of money 
 as aforesaid, and shall be allowed the same in his accounts. 
 
 Where county Q2. In case such treasurer shall not have any money 
 
 treasurer has no ...... , ; , i t i. . 
 
 funds, expenses m his hauds to pay the sum so ordered for conveying poor 
 pubiio"treasury! prisoners to jail, or for the attendance of witnesses, the - 
 
 same shall be paid out of the public treasury of the 
 
 Province. 
 
 Fees on criminal 63. All witnesses on Criminal trials attending on the 
 nesses on toe part of the prosecution, shall be entitled, under the sanction 
 se^cut?o'n*''° ^™' °^ ^^^ court or a judge, to receive from the county treasurer 
 the same fees for their travel and actual attendance as 
 witnesses in civil suits are now entitled to receive ; such 
 fees to be paid on the certificate of the Attorney-General, 
 Queen's Counsel, or officer appointed by a judge to conduct 
 such prosecution, that such witnesses duly attended under 
 subpoena and gave evidence at such trials, and are entitled 
 to receive therefor the amount therein stated ; and such 
 subpoenas .shall be produced on taxation. 
 
 ^"'p'ay '°the"' ^^- '^^^ county treasurer is required, upon the delivery"- 
 amount, of the prothonotary's certificate, to pay the amount of the 
 
 fees mentioned therein. 
 
APPX. A.] CRIMINAL JUSTICE IN THE SUPREME COURT. 29 
 
 65. Whenever, in the absence of the Attorney-General, i" the absence 
 it shall appear to the court expedient and necessary to gencraithe°oourt 
 appoint any one counsel to conduct and manage on behalf goera ''^^'"prose- 
 of Her Majesty the proceedings and trial of any criminal J"**""" ''^'>*"<'' 
 
 .• TIC , • -1 11 , . n 1 » thecrown: costs, 
 
 prosecutions pending berore the court, it shall be lawful for how taxed, 
 the court to direct any Queen's counsel present therein, or, 
 in his absence, to appoint from among the barristers atten- 
 ding thereat, some one competent person to conduct and 
 manage such proceedings, and to tax and allow to him for 
 his services such reasonable fees as he would have been 
 entitled to for the like services as the attornej' of any party 
 in a civil action, together with such reasonable counsel fees 
 not exceeding 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 Costs taxed, ho* 
 of the court of the amount so taxed and allowed, it shall be 
 
 lawful for the Governor to grant his warrant therefor upon 
 the Receiver General, who shall pay the amount. 
 
 67. In all cases where the party prosecuted shall be Party eotivioted 
 
 , 11 I. 11 ,1 p ^ ■^^^ i ii il of ability, may 
 
 convicted and be found by the court or ability to pay the be adjudged to 
 expenses of prosecution, to be taken under this Chapter, ^f^rosecuSonr' 
 the 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 Cfiminaia may 
 convicted criminals, on any day of the sittings at Halifax during">tting» 
 as well as in term time. atHaiitax. 
 
 86. The Governor-in-Council may order a special sitting special sit- 
 
 of the Supreme Court in any ' of the counties of this court°for'tnai'of 
 Province for the trial of prisoners charged with felonies, prisoners. 
 
 87. Such order shall appoint a particular day w^^enOrdMtobepub^ 
 the court shall be held, and shall be published in the Royal oazette tot tktea 
 Gazette for at least three weeks before the day appointed Zf' P«viou., 
 for the opening of the court. Immediately upon the order 
 
 being made, the clerk of the Executive Council shall transmit 
 copies thereof to the chief justice, and to the prothonotary 
 and to the sheriff" of the county wherein the special sitting 
 of the court is to be held. 
 
 ,88. Upon the receipt of the order by the prothonotary, ^'""JJ,'J,'"gJJJ: 
 he shall issue venires for the grand and petit juries to meetsaty offlocre, 
 at the time specified therein, and the sheriff" shall 
 immediately summon such juries, with constables and 
 
30 CRIMINAL JUSTICE IN THE SUPREME COURT. [APPX. A. 
 
 other officers whose attendance is required at such sitting, 
 
 who shall be liable to the same penalties for non-attendance 
 
 as when summoned to attend the ordinary terms or sittings 
 
 of the court. 
 
 Presiding judge. 89. Any judge of the Supreme Court may preside at 
 
 havrsameVoa such special sitting; and all trials, judgments and proceed- 
 
 ^ry'"terma"^orii^gs thereat shall have the same force and effect as if such 
 
 sittings. trials, judgments and proceedings had taken place at one of 
 
 the ordinary terras or sittings of the court. 
 Presiding judge 9(). The presiding judge may adjourn the sittings from 
 
 n\ay adjourn sit- , . , ^ . o J o < J => 
 
 tings. day to day as occasion may require. 
 
 Extended to 91. The provisions of the last fire sections may be 
 
 demeanors™'^ extended to the trials of criminals charged with misde- 
 meanors. 
 Upon proof of 94,. If any person against whom a warrant may be 
 jus"ioe"who lias issued bvAhe Chief Justice of the Queen's bench, or Supreme 
 foXiony against Court, or by any other justice having competent authority, 
 person esoapod ifj ^ny of Her Majestv's provinces or governments in North 
 
 into tins ProT. J ^■•' ^ ■' c ^ ri ° ^i • j- 
 
 ince, a justice America respectively, tor any lelony or other crime or a 
 
 dorse "warranti high nature, escapes into or i.-i found in any part of Nova 
 
 suffloien*autho° ^'^^^'^i any josticc of the peace of the county, city or place 
 
 rity to arrest tiie where such peison resides or is supposed to be, may, upon 
 
 Uxa into the due proof being made of the handwriting of such chief or 
 
 w™rranTissued." other justice who issued the warrant, endorse his, the said 
 
 justice's, name thereon; and such warrant so endorsed shall 
 
 be a sufticient authority to all persons to whom such 
 
 warrant was originally directed, and also to all constables 
 
 and policemen of the county, city or place where such 
 
 warrant has been so endorsed, to execute the same by 
 
 apprehending the person or persons against whom such 
 
 warrant has been granted, and to convey him or them into 
 
 the province or government from which such warrant was 
 
 originally issued, to be dealt with according to law. 
 
 Judge ffiftydi- 95. In all cases where an offender is made liable to 
 
 ment'm'pen'i." imprisonment under any statute of this province, the judges 
 
 common jai?' °^ ^^^ Supreme Court may direct the imprisonment to be 
 
 in the provincial penitentiary, or in the common jail of the 
 
 county, at their discretion ; but if the judge shall direct the 
 
 imprisonment to be in the common jail, such imprisoniment 
 
 shall not extend beyond the period of six months. 
 
 All fines, &e., to 96. All fines and forfeitures levied and collected by the 
 
 be paid to ooun- .. .p.ic^ .^,. ... ' . „ 
 
 ty treasurer, judgment 01 the Supreme Court in any of the counties of 
 tseo 0. 22, 1869, ^j^j^ province, shall be paid into the hands of the county 
 
 treasurer for such counties respectively. 
 How applied. 97. The fines and forfeitures so paid to the county 
 
 treasurer shall be paid and applied by him towards the pay- 
 ment of witnesses attending criminal triais,and also witnesses 
 attending prosecutions for offences committed against the 
 
APPX. A.] CRIMINAL JUSTICE IN THE SUPREME COURT. 31 
 
 provisions of the first and second sections of Chapter One 
 bundled and sixty-three of the Revised Statutes, Third 
 Series, " Of Offences against the Administration of Justice," 
 under the same rules and regulations as provided by the 
 Act hereby amended. 
 
 98. Witnesses for the prosecution attendiner before ^'*"«»''«8 en- 
 
 .i 1- • ..,' i-i I. 1 titled to fees. 
 
 the grand jury in cnminal cases, and witnesses for the 
 prosecution attending on the trial of indictments, shall be 
 entitled to fees, as prescribed by section sixty-three of this 
 Chapter, notwithstanding that such attendance may not 
 have been under subpoena or recognizance; provided that Proviso, 
 the court or a judge shall be satisfied by affidavit that 
 there was reasonable ground for instituting the proceedings, 
 and that the attendance of the witnesses was material and 
 necessary, and that they attended expressly to give such 
 evidence, and for no other purpose. 
 
 99. When a person has been convicted of criminal ^'^^s^ "jy. ™- 
 
 . - , ' . , , ,. . ,. serve qudationB 
 
 treason, lelony or misdemeanor, before any court of oyer of law. 
 and terminer or jail delivery, the judge before whom the 
 case was tried may, in his discretion, reserve any questions 
 of law which arose on the trial, for the consideration of 
 the justices of the Supreme Court at Halifax ; and thereupon Proceedings 
 may respite execution of the judgment on such conviction, resemd.'^ ' 
 or postpone the judgment until such question has been 
 considered and decided ; and in either case the court at 
 which the trial took place shall, in its discretion, commit 
 the person convicted to prison, or take a recognizance of 
 bail, with one or two sufficient surety or sureties in such 
 sums as the court thinks fit, conditioned for his appearance 
 at such time as the court directs, to receive judgment, or to 
 render himself in execution, as the case may be. 
 
 100. The iudge shall thereupon state, in a case to be "'":?8'e shall state 
 signed by hmi, the question or questions of law so reserved, te sent to Hau- 
 wi,th the special circumstances upon which the same arose ; 
 
 and such case shall be transmitted by the judge to the 
 prothonotary of the Supreme Court at Halifax, on or before 
 the first day of the term of such Supreme Court at Halifax 
 next after the time when such trial was had. 
 
 101. The iustices of the Supreme Court shall hear and ^"P'I^^ f"*""^ 
 
 _,,,.•',., T J _, shall hear same 
 
 finally determine the said questions, and reverse, affirm or and make order 
 amend any judgment given on the indictment or inquisition *''^"°"' 
 on the trial whereof such questions arose, or shall avoid 
 such judgment, (^ order an entry to be made on the record 
 that in the judgment of the said justices the party convicted 
 ought not to have been convicted, or shall arrest the 
 judgment ; or if no judgment has been given, shall order 
 judgment to be given thereon at some future session of 
 oyer and terminer, or jail delivery, or shall make such other 
 order as justice may require. 
 
82 CRIMINAL JUSTICE IN THE SUPREME COURT. [apPX. A. 
 
 Judgment and 102. The judfjmenfc and order of the said justices shall 
 tified and sent be Certified Under the hand of the chief justice or senior 
 toshenfl. judge of such court to the clerk of the crown of the county 
 in which the trial took place, who shall enter the same on 
 the oric:;inal 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 transmitted by him to the sheriff or 
 BherifE to act jailer in whose custody the person convicted is ; and the 
 iherowith. Said Certificate shall be sufficient warrant to such sheriflT or 
 jailer, and all other persona, for the execution of the 
 judgment as so certified to have been affiimed 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 deliver}', shall vacate the recognizance of 
 bail, if any. 
 judginenta, how 103. The judgment of the justices of the said Supreme 
 Court shall be delivered in open court, after hearing 
 counsel or the parties, in case the prosecutor or person 
 convicted thinks it fit the case should be argued, in like 
 manner as the judgments of the said Supreme Court are 
 delivered. 
 
 SCHBDTJLiE. 
 
 Whereas at the Supreme Court for the County of 
 -, held on , before the Honorable , one 
 
 of thS justices of the said court, A. B., late of , having 
 
 been found guilty of felony and judgment thereon given, 
 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 execu- 
 tion was thereupon respited in the meantime fas the case 
 may be) ! This is to certify that the justices of the 
 Supreme Court at Halifax, 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 of the said justices, to have been convicted of 
 the felony aforesaid ; and you are hereby required forth- 
 with to discharge the said A. B. from your custody. 
 -(Sig ned) E. F. 
 
 IJOTK.— the omitted eeotiona of this Chapter repealed by Chapter 36, Canada, 1869. 
 
APPX. A.] INTEREST, ETC. 33 
 
 Enactme7its not forming part of the Third Series • 
 of the Revised Statutes. 
 
 CHAPTER 82 OP THE REVISED STATUTES, SECOND 
 
 SERIES. 
 
 OF INTEREST. 
 
 2. A.ny person may, nevertheless, contract for the loan contracts re- 
 or hire of grain or live stock, upon halves or otherwise, oruve^ftook 
 upon the lender taking upon himself all risk of such stock ; <'-'"='=p*«'1- 
 but if it 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 interest may be 
 
 .. \, • i-L ■ 1 ii ,_ 1 i.1 • allowed in oer- 
 
 time, or otherwise, the jury, and the court where there is tain oases for de- 
 no jury, on the trial of any issue or inquisition of damages, '''^°'^''^'"^"'" 
 may if they 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 demand of payment shall have been made in writing, 
 such demand giving notice to the debtor that interest will 
 be claimed from the date thereof. 
 
 5. The iury'on the trial of any issue, or on anyi""™?«!.i" ">« 
 inquisition of damages, may if they shall think fit give may be allowed 
 damages in the nature of interest above the value of ^he'""'^'^'"'""'"'"' 
 goods at the time of the conversion or seizure in all actions 
 of trover or trespass de bonis asportatis, and above the 
 money recoverable in all actions on policies of insurance. 
 
 SToTB.— Sections 1, 3 and 6 repealed by Chapter 71, Canada, 1873, s. 5, 
 
 CHAPTER 17 OP THE ACTS OP 1866; 
 
 ENTITLED, "AN ACT TO ENFORCE THE TAKING OF THE 
 OATH OF ALLEGIANCE." 
 
 1. Whenever any person above the age of sixteen Any person 
 
 3it)0V6 Ifi rsfiis- 
 
 years shall refuse to take the oath of allegiance, when ing to take oath 
 req^uired by law to do so, in order to qualify himself for °(,ii^.''^f,'™™'. 
 any office, the duties of which he is by law required to j"™™"™' ?'^'^ 
 
 C prisonment. 
 
34 ESTREATS. [APPX. A. 
 
 perform, he shall be guilty of a misdemeanor, and shall be 
 liable to be imprisoned for any term not exceeding six 
 months. 
 
 Note.— The remiuoder of this Aot repealed by Chapter 40, Canada, 1868, o. 99. 
 
 CHAPTER 22 OF THE ACTS OF 1879; 
 
 ENTITLED, "AN ACT RESPECTING ESTREATS." 
 
 Sheriff to pay ' Sec. 12. The sheriff shall without delay pay over alJ 
 KMived!™"'' money by him collected to the officer or person entitled to 
 receive such money under section 96 of chapter 171 of the 
 Revised Statutes, third series, and the same shall be appro- 
 priated in the manner mentioned in section 97 of* said 
 chapter. 
 
APPENDIX B. 
 
 The Act of the Imperial Parliament, 30' 
 and Sr Victorice, Chapter 3, known 
 as " The British Korth America Act, 
 1867." 
 
APPX B.J •BRITISH NO'ETH AMERICA ACT. 37 
 
 30° and 31° Tiotoriae. 
 
 CHAPTER 3. 
 
 AN ACT FOR THE UNION OF CANADA, NOVA SCOTIA, AND 
 NEW BRUNSWICK, AND THE GOVERNMENT THEREOF ; 
 AND FOR PURPOSES CONNECTED THEREWITH, 
 
 S9th March, 1867. 
 
 "Whereas, the Provinces of Canada, Nova Scotia, and 
 New Brunswick have expressed their desire to be federally 
 -united into Gne Dominion under the Crown of the United 
 •Kingdom of Great Britain and Ireland, with a Constitution 
 similar in principle to that of the United Kingdom : 
 
 And whereas such a Union would conduce to the 
 welfare of the Provinces and promote the interests of the 
 British Empire ; 
 
 A.nd wh-ereas on th« establishment of the Union by 
 •authority of Parliament it is expedient, not onl}' that the 
 Constitution of the Legislative Authority in the Dominion 
 be provided for, but also that the nature ^f 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 North America : 
 
 Be it therefore enacted and declared by the Queen's 
 most Excellent Majesty, by and with the Advice and 
 Consent of the Lords Spiritlial and Temporal, and 
 Commons, in this present Parliament assembled, and by the 
 Authority of the same, as follows : — 
 
 I. — PKELnaiNABY. 
 
 1. This Act may be cited as The British North short title. 
 America Act, 1867. 
 
 2. The provisions of this Act referring to Her Majesty Application of 
 the Queen extend also to the Heirs and Successors of Her FeTring°to the 
 Majesty, Kings and Queens of 'the United Kingdom of Creat^"^™- 
 Britain and Ireland. 
 
 n. — UNION. 
 
 [3.]* It shall be lawful for the Queen, by and with the Declaration of 
 advice of Her Majesty's most Honorable Privy Council, to^"'""* 
 
 * Wherever in this Act the fig^ure denoting the number of any seetionor aub-section is 
 placed between brackets, ' thus [3], it is thereby indicated that the provisions of such 
 section or sub-section have been either completely and finally complied with, or altered or 
 •superseded. 
 
38 
 
 BRITISH KORTH AMERICA ACT. [aPPX. B, 
 
 Ccrnstruction of 
 subsequent pro- 
 visions of Act. 
 
 Four Prov^inces. 
 
 Provinces of 
 Ontario and 
 Quebec, 
 
 Provinces of 
 Nova Scotia 
 & New Bruns- 
 wick. 
 
 Decennial 
 
 census. 
 
 declare by proclamation tbat, on ^and after a day therein 
 appointed, not being more than .six months after the passing 
 of this Act, the Provinces of Canada, Nova Scotia and New 
 Brunswick, shall form and be One Dominion, under the 
 name of Canada ; and on and after that day those three 
 Provinces shall form and be One Dominion undgr that name 
 accordingly. 
 
 4. The subsequent provisions of this Act shall, unless 
 it is otherwise expressed or implied, commence and have 
 effect on and after the Union, that is to say, on and after 
 the day appointed for the Union taking effect in the 
 Queen's proclamation; and in the same provisions, unless it 
 is otherwise expressed or implied, the name Canada shall 
 be taken to mean Canada as constituted under this Act. 
 
 [5.] Canada shall be divided into four Provinces, 
 named Ontario, Quebec, Nova Scotia aud New Brunswick. 
 
 [6.] The parts of the Province of Canada (as it exists 
 at the passing of this Act) which formerly constituted 
 respectively 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 part 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 Canada 
 which is hereby required to be taken in the year one 
 thousand eight hundred and seventy-one, and in every 
 tenth year thereafter, the respective populations of the 
 four Provinces shall be distinguished. 
 
 111. — KXECUTIVE POWER, 
 
 Declaration of 9. The Exccutive Government and authority of and 
 fn the*Queen."" o^^r Canada is hereby declared to continue and be vested 
 in the Queen. 
 
 10. The provisions of this Act referring to the Governor- 
 General extend and apply to the Governor-General for the 
 time being of Canada, or other the chief Executive Officer 
 or Administrator for the time being canying 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 advise in the 
 Government of Canada, to be styled the Queen's Privy 
 Council for Canada ; and the persons who are to be 
 
 Application of 
 provisions re- 
 ferring to Gov- 
 ernor-CJeneral. 
 
 Constitution of 
 Privy Council 
 for Canada. 
 
APPX. B.] BRITISH NORTH AMERICA ACT. 39 
 
 members of that council shall be from time to time chosen 
 and summonetl by the Governor-General, and sworn in as 
 Privy Councillors ; and members thereof ma}' be from time 
 to time removed by the Governor-General. 
 
 12. All powers, authorities, and functions which, under ah powers under 
 any Act of the Parliament of Great Britain, or of the Parlia- dg'd 'by oovel" 
 ment of the United Kingdom of Great Britain and Ireland, "S''.*^™''™' ".'*'' 
 
 ffiT'i cn /^iT ,^1 advice of Pnvv 
 
 or or the Legislature or Upper (Janada, Lower Canada, counouoraione- 
 Canada, Nova -Scotia or New Brunswick, are at the Union 
 • vested in or exercisable 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 Gover- 
 nors or Lieutenant-Governors individually, shall, as far as 
 the same continue in existence and capable of being 
 exercised after the Union in relation to the Government of 
 Canada, be vested in and exercisable by the Governor- 
 General, with the advice or with the advice and consent of 
 or in conjunction wiih the Queen's Piivy Council for 
 Canada, or any members thereof, or by the Governor- 
 General individually, as the case requires, suVject never- 
 theless (except with respect to such as exist under Acts of 
 the Parliament of Great Britain or of the Parliament of 
 the United Kingdom of Great Britain and L-eland) to be 
 abolished or altered by the Parliament of Canada. 
 
 13. The provisions of this Act referring to the Application of 
 Governor-General-in-Council shall be construed as referring FenSgw^Gov- 
 to the Governor-General acting by and with the advice of f^'."^J;,^^?jf ^'" 
 the Queen's Privy Council for Canada. 
 
 14. It shall be lawful for the Queen, if Her Majesty Power to .Her 
 thinks fit, to authorize the Governor-General from time tothonzF Gover- 
 time to appoint any person or any persons jointly or severally appo'inr'^^depu". 
 to be his deputy or deputies within any part or parts of tias. 
 Canada, and in that capacity to exercise during the pleasure 
 
 of the Governor-General such of the powers, authorities, 
 and functions of the Governor-General as the Governor- 
 General deems it necessary or expedient to assign to him 
 or them, subject to any limitations or directions expressed 
 or given by the Queen ; but the appointment of such a 
 deputy or deputies shall not affect the exercise by the 
 Governor-General himself of any power, authority, or 
 function. 
 
 15. The command in chief of the Land and Naval °°™'"*!?'^ ">' 
 
 ,,,,. . 1 1. 11 •».- 1 1 ^T•l• 1-1 !• 1 ■ i^''™™ forces to 
 
 Militia, and ot all Naval and iMuitary llorces, ot and m continue to be 
 Canada, is hereby declared to continue and be vested in Queen, 
 the Queen. 
 
40 
 
 Seat of Govern- 
 ment of Canada. 
 
 BEITISH NORTH AMEEICA ACT. [APPX. B, 
 
 16. Until the Queen otherwise directs the seat of 
 Government of Canada shall be Ottawa. 
 
 IV. — ^LEGISLATIVE POWER, 
 
 Constitution of 17. There shall be one Parliament for Canada, consisting 
 Canada. of the Queen, an Upper House stj'led the Senate, and the 
 
 House of Commons. 
 
 Piivileges, &c., 
 of Houses. 
 
 [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 Commons House of Parliament of the 
 United Kingdom of Great Britain and Ireland and by the 
 members thereof. 
 
 a?' Silment E^^O '^^^ Parliament of Canada shall be called together 
 of Canada. not later than six months after the Union. 
 
 tot^plSaraent ^0. There shall be a session of the Parliament of Canada 
 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 21. The Senate shall, subject to the provisions of this 
 
 Act, consist of seventy-two members, who shall be styled 
 Senators. 
 
 Representation 22. In relation to the constitution of the Senate, Canada 
 
 of Provinces in , , , . _ , . .. , .... 
 
 Senate. shall be deemed to consist oi three divisions — - 
 
 1. Ontario ; 
 
 2. Quebec; 
 
 3. The Maritime Provinces, Nova Scotia and New 
 Brunswick ; which three divisions shall (subject to the 
 provisions of this ActJ 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 Senators, twelve thereof representing Nova 
 Scotia, and twelve thereof representing New Brunswick. 
 
 In the case of Quebec- each of the twenty-four Senators 
 representing that Province shall be appointed for one of the 
 twenty-four Electoral Divisions of Lower Canada specified 
 in Schedule A to Chapter One of the Consolidated Statutes 
 of Canada. 
 
AFPX. B.] BRITISH NORTH AMERICA ACT. 41 
 
 23. The qualifications of a Senator shall be as fol- Qualifications of 
 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 Bruns- 
 wick, 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 tene- 
 ments 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 encumbrances due or 
 payable out of or charged on or afiecting 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 .qualiti cation in the Electoral Division 
 for which he is appointed, or shall be resident 
 in that Division : 
 
 24. The Governor-General shall, from time to time, in summons o< 
 the Queen'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 become and be a member of the Senate 
 
 and a Senator. 
 
 [25.] Such persons shall be first summoned to the Summons ot 
 Senate as the Queen by warrant under Her Majesty's Royal senators.^ ° 
 Sign Manual thinks fit to approve, and their names shall 
 be inserted in the Queen's Proclamation of Union. 
 
 26. If at any time on the recommendation of the Addition of 
 Governor-General the Queen thinks fit to direct that three oertain'case". 
 or ^ix members be added to the Senate, the Governor- 
 
42 BEITISH NORTH AMERICA ACT. [aPPS. B, 
 
 General may by summons to three or six qualified persons 
 (as the case may be) representing equally the three 
 divisions of Canada, add to the Senate accordingly. 
 
 Reduction of £7. In case of such addition being at any time made, 
 
 Senate to nor- ,, „ ^ i i ii ^ ° '^ . ^i. 
 
 mai number. the Uovemor- 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 divisions 
 of Canada is represented by twenty-four Senators and no 
 more. 
 
 Maximum num- 28. The number of Senators shall not at any time 
 
 ber of Senators. t i. • i j_ 
 
 exceed seventy-eight. 
 
 Tenure of place 29. A Senator shall, subject to the provisions of this 
 in Senate. ^^^^ j,q]^j j^jg pj^^.^ j^ ^j^^ Senate for life. 
 
 Resignation of 30. A Senator may by writing under his hand 
 
 '^'*°'' '" ^™''"' addressed to the Governor-General resign his place in the 
 
 Senate, and thereupon the same shall be vacant. 
 
 Disqualification 31. The placc of a Senator shall become vacant in any 
 
 of Senators. r i.i_ j ii • 
 
 01 the loilowing cases : — 
 
 1. If for two consecutive sessions of tlie Parliament he 
 
 fails to give his attendance in the Senate : 
 
 2. If he takes an oath or makes a declaration or 
 
 acknowledgment of allegiance, obedience, or 
 adherence to a foreign power, or does an act 
 whereby he becomes a subject or citizen, or 
 entitled to the rights or privileges of a subject 
 or citizen, of a foreign power : 
 
 8. If he is adjudged bankrupt or insolvent, or applies 
 for the benefit of any law relating to insolvent 
 debtors, 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 ; pi'ovided that a Senator shall '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. 
 
 BummoBson va- 32. When a vacancy happens in the Senate by resigna- 
 canoy in senate. j_j^jj.^ death, or otherwise, the Governor-General' shall by 
 summons to a fit and qualified person fill the vacancy. 
 
 quatfflo"tiona*° ^"^- ^^ ^"^ question arises respecting the qualification 
 andvftcanoiea of a Senator or a vacancy in the Senate, the same shall be 
 m Senate. ^^^^^ ^^^ determined by the Senate. 
 
APPX. B.] BEITISH NOETH AMERICA ACT. 43 
 
 34. The Governor-General may from time to time, by Appointment 
 instrument under the Great Seal of Canada, appoint asSe!''''''" 
 Senator to be Speaker of the Senate, and may remove 
 
 him and appoint another in his stead. 
 
 35. Until the Parliament of Canada otherwise provides, Quo™™ <>' sen- 
 the presence of at least fifteen Senators, including the 
 Speaker, shall be necessary to constitute a meeting of the 
 
 Senate for the exercise of its powers. 
 
 86. Questions arising in the Senate shall be decided Voting in Senate, 
 by a 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 CoiJ^stHution^^ m 
 provisions of this Act consist of one hundred and eighty- mens in Canada, 
 one members, 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 Summoning of 
 the Queen's name, by instrument under the Great Seal of mens! "" 
 Canada, summon and call together the House of Commons. 
 
 39. A Senator shall not be capable of being elected or senators not to 
 
 e -j-L- ..• r, i i.1- TT en sit in HouBe o( 
 
 01 Sitting or voting as a member or the House or Commons, commons. 
 
 [40.] Until the Parliament of Canada otherwise Electoral dis- 
 provides, Ontario, Quebec, Nova Scotia and New Brunswick four'\3rovinoM* 
 shall, for the purposes of the election of members to serve 
 in the House of Commons, be divided into electoral districts, 
 as follows : — 
 
 [1,]— ONTARIO. 
 
 Ontario shall be divided into the counties, ridings of 
 counties, 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. 
 
 [2.1-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 year of the Queen, Chapter One, or any other 
 
BRITISH ITORTH AMERICA ACT. [APPX. S. 
 
 Act amending the same in force at the Union, so that 
 each such electoral division shall be for the purposes of 
 this Act an electoral district entitled to returrt one member. 
 
 13.]— NOVA SCOTIA. 
 
 Each of th-e eighteen counties of Nova Scotia shall be an 
 electoral district. Th-e County of Halifax shall be entitled 
 to return two members, and each of the other counties one 
 member. 
 
 ^se provides. 
 
 14.]— NEW BEUNSWICK, 
 
 Each of the fourteen counties into which New Bruns- 
 wick 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 one member. 
 
 SSr^eie?! [41-] ""Jntil the Parliament of Canada otherwise 
 «on lawBuntu provides, all laws in force in the several provinces at the 
 Canada other- union relative to the following matters or any of them, 
 namely, — the qualifications and disqualifications of persons 
 to be elected or to sit and 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 thereto, the vacating of 
 seats of members, and the execution of new writs in case of 
 seats vacated otherwise than by dissolution, — shall respec- 
 tively 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 
 Commons for the district of Algoma, in addition to persons 
 qualified 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 fir.st election of meipbers 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 as are possessed at the union by the officers 
 charged with the issuing of writs for the election of 
 members to serve in the respective House of Assembly or 
 Legislative Assembly of the Province of Canada, Nova 
 
 Writs lor first 
 election. 
 
APPX. B.] BRITISH NORTH AMERICA ACT. 4S 
 
 Scotia, or New Brunswick ; and the returning officers to 
 whom writs are directed under this section shall have the 
 like powers as are possessed at the union by the officers 
 charged with the returning of writs for the election of 
 members to serve in the same respective House of Assembly 
 or Legislative Assembly. 
 
 [43.] In case a vacancy in the representation in the as to casual 
 House of Commons of any electoral district happens before™™"*^ 
 the meeting 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 respedt of such vacant district. 
 
 44. The House of Commons on its first assembling As to deotion, 
 after a general election shall proceed with all practicable House* di ^comh 
 speed to elect one of its members to be Speaker. ™°™- 
 
 45. In case of a vacancy happening in the office of -^^ *» ™"s;_"p- 
 
 riiii.i . ."^ ^1 .jiTT p vacancy in omce- 
 
 opeaKer by death, resignation or otherwise, the House oi at speaker. 
 Commons 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 speaker to pre- 
 House of Commons. 
 
 47. Until the Parliament of Canada otherwise provides, Provision in case 
 
 j.<ii J, i?jioiij?of absence of 
 
 in case or the absence ror any reason oi the bpeaker irom speaker. 
 the chair of the House of Commons for a period of forty- 
 eight consecutive 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 execuj^ all the powers, privileges and duties of 
 Speaker. 
 
 48. The presence of at least twenty members of the quomm of 
 House of Commons shall be necessary to constitute a meeting, commons. 
 of the 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 ^°Qo|iiJJona°"^'' 
 be decided by a majority of voices other than- that of the 
 Speaker ; and when the voices are equal, but not otherwise, 
 
 the Speaker shall have a vote. 
 
 50. Every House of Commons shall continue for five Duration oj 
 years from the day of the return of the writs for choosing moSr" °^ 
 the House (subject to be sooner dissolved by the Governor- 
 General), and no longer. 
 
 , 51. On the completion of the census in the year OneBecenniai re- 
 thousand eight hundred and seventy-one, and of each reprlSatioov 
 subsequent decennial census, the representation of the four 
 provinces shall be readjusted by such authority, in such 
 manner, and from such time, as the Parliament of Canada 
 
46 BRITISH NORTH AMERICA ACT. [APPX. B. 
 
 from time to time provides, subject and according to the 
 following rules : — 
 
 1. Quebec shall have the fixed number of sixty-five 
 
 members : 
 
 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 
 (ascertained 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 disregarded ; 
 but a fractional part exceeding one half of 
 that number shall be equivalent to the whole 
 number: 
 
 4. On any such readjustment 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 
 aggregate population of Canada at the then last 
 preceding 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 : 
 
 5. Such readjustment shall not take effect until the 
 
 termination of the then existing parliament. 
 Increase oj num. 52. The number of members of the House of Commons 
 commona. may be from time to time increased by the Parliament of 
 Canada ; provided the proportionate representation of the 
 provinces prescribed by this Act is not thereby disturbed. 
 
 Money Votes ; Royal Assent. 
 
 Appropriation 53. Bills for appropriating any part of the public 
 
 revenue, or for imposing any tax or impost, shall originate 
 in the House of Commons. 
 
 Reeommenda- 54. It shall uot be lawful for the House of Commons 
 
 vetes"' ™™^^ 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- 
 General in the session in which such vote, resolution, 
 address, or bill is proposed. 
 
 Eoyai assent to 55. Where a bill passed by the Houses of theParliament 
 
 ' °' is presented to the Governor-General for the Queen's assent, 
 
 he shall declare, according to his discretion, but subject to 
 
 •the provisions of this Act and to Her Majesty's instructions, 
 
APPX. B.] BRITISH NORTH AMERICA ACT, 47 
 
 either that he assents thereto in the Queen's name, or that he 
 withholds the Queen's assent, or that he reserves the bill 
 for the sicrnification of the Queen's pleasure. 
 
 56. Where the Governor-General assents to a bill in Disallowance by 
 the Queen's name, he shall by the first convenient oppor-of^Iot"aS'6nt^a 
 tnnity send an authentic copy of the Act to one of Her ^"^^^ ^°™™'""- 
 Majesty's 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 certificate of the Secretary of State 
 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 Pasliament or by Proclama- 
 tion, shall annul the Act from and after the day of such 
 signification. 
 
 57. A bill reserved for the signification of the Queen's signifloation of 
 pleasure shall not have any force unless and until within ^n^bunSved! 
 two 3'ears from the day on which it was presented to the 
 Governor-General for the Queen's assent the Governor- 
 General signifies, by Speech or Message to each of the 
 
 Houses of the Parliament or by Proclamation, that it has 
 received the assent of the Queen in Council. 
 
 An entrj' 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. — PKOVINCIAL CONSTITUTIOKS. 
 
 Executive Power. 
 
 58. For each province there shall be an officer, styled Appointment of 
 
 .1 T*i j_/^ "i,!! i_i/-^ Lieutenant-Gov- 
 
 the Lieutenant-Governor, appointed by the Governor- emors of Pro- 
 General-in-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-Governor. 
 Governor appointed after the commencement of the first 
 
 session of the Parliament of Canada shall not be removable 
 within five years from his appointment, except for cause 
 assigned, which shall be communicated to him in writing 
 within one month after the order for his removal is made, 
 and shall be communicated 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 IteXnant- 
 fixed and provided by the Parliament of Canada. Governors. 
 
48 BRITISH NORTH AMERICA ACT. . [APPX. B. 
 
 Oaths, &o., of 61. Every Lieutenant-Governor shall, before assuming 
 
 Lieutenant -Gov 
 ernor. 
 
 the duties of his office, make and subscribe before the 
 Governor-General or some person authorized by him, oaths 
 of allegiance and office similar to those taken by the 
 Governor-General. 
 
 Appiioation-of 62. The provisions of this Act referring to the 
 
 FenTnglo^Lt!- Lieutenant-Govemor extend and apply to the Lieutenant- 
 Governor. Governor for the time being of each province or other the 
 chief executive officer or administrator for the time being 
 carrying on the Government of the province, by whatever 
 title he is designated. 
 
 Appointment oi 63. The Executive Co.uncil of Ontario and of Quebec 
 for "onterio and shall be composcd of such persons as the Lieutenant- 
 Quebec. Governor from time to time thinks fit, and in the first 
 instance of the following 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 Public 
 Works, with, in Quebec, the Speaker of the Legislative 
 Council and the Solicitor-General. 
 
 ernment™fNo™ [^^ ] '^^^ coustitutiou of the exccutive authority in 
 
 Scotia and New each of the provinces of Nova Scotia and New Brunswick 
 
 runswic . g}ja.ll, subject to the provisions of this Act, continue as it 
 
 exists at the union until altered under the authority of 
 
 this Act. 
 
 Powers to te ex- 65. All powers, authorities and functions which, under 
 tenant- Governor any Act of the Parliament of Great Britain, or of the 
 Quebeo*with ad- Parliament of the United Kingdom of Great Britain and 
 vice or alone. Ireland, or of the Legislature of Upper Canada, Lower 
 Canada, or Canada, were or are before or at the union 
 vested in or exercisable 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 individually, shall, as far as the 
 same are capable of being exercised after the union in 
 relation to the Government of Ontario and Quebec 
 respectively, be vested in and shall or may be exercised by 
 the Lieutenant-Governor of Ontario and Quebec respec- 
 tively, with the advice or with the advice and consent of 
 or in conjunction with the respective Executive Councils, 
 or any members thereof, or by the Lieutenant-Governor 
 individually, as the case requires, subject nevertheless 
 (except with respect to such as exist under Acts of the 
 Parliament of Great Britain, or of the Parliament of the 
 United Kingdom of Great Britain and Ireland,) to be 
 
APPX. B] BRITISH NORTH AMERICA ACT. . 49 
 
 abolished or altered by the respective Legislatures of Ontario 
 and Quebec. 
 
 6fi. The provisions of this Act referring to the Application of 
 Lieutenant-Governor-in-Council shall be construed as Fen'irig°to u." 
 ref erring to the Lieutenant-Governor of the province acting ^°y*™°"°" 
 by and with the advice of the executive council thereof. 
 
 67. The Governor-General-in-Council may from tiraeA'*™™^*™^''" 
 to time appoint an administrator to execute the office and of Lieutenant- 
 functions of Lieutenant-Governor during his absence, '*''™'^'""' 
 illness, or other inability. 
 
 68. Unless and until the executive government of any seats ot Pro- 
 
 ,, . ,. .,, ,1, ."^ vincialGovern- 
 
 province otherwise directs with respect to that province, menta. 
 the seats of government of the provinces shall be as follows, 
 namely : — Of Ontario, the City of Toronto ; of Quebec, the 
 City of Quebec ; of Nova Scotia, the City of Halifax ; and 
 of New Brunswick, the City of Fredericton. 
 
 Legislative Power. 
 1.— ONTARIO. 
 
 69. There shall be a legislature for Ontario, consisting Legislature for 
 of the Lieutenant-Governor and of one house, styled the°"**"°' 
 Legislative Assembly of Ontario. 
 
 [70.1 The Legislative Assembly of Ontario shall be Electoral 
 
 1 (. • 1 , 1 .1 1,1, 1 distnots. 
 
 composed oi eighty-two members, to be elected to represent 
 the eighty-two electoral districts set forth in the first 
 schedule to this Act. 
 
 2.— QUEBEC. 
 
 71. There shall be a legislature for Quebe.c, consisting Legislature for 
 of the Lieutenant-Governor and of two houses, styled the 
 Legislative Council of Quebec and the Legislative Assembly 
 
 of Quebec. 
 
 72. The Legislative Council of Quebec shall be consMution^^t 
 composed of twenty -four members, to be appointed by theou. 
 Lieutenant-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. 
 
 73. The qualifications of the Legislative Councillors of Q'^''J'?<',»'''''" "' 
 
 T- 1 IP I c LegislativeCouti- 
 
 Quebec shall be the same as those ot the senators lorciuora. 
 Quebec. 
 
 74. The place of a Legislative Councillor of Quebec Resignati<)ri,di3- 
 
 , ■ , '^ , . , 1 J i • I I- • qualification, iio. 
 
 shall become vacant m the cases, mutatis mutandis, in 
 which the place of senator becomes vacant. 
 d 
 
50 BRITISH NORTH AMERICA ACT. [APPX. B, 
 
 Vacancies. 75. When & vacancj happen.s in the Legislative Council 
 
 of Quebec b}' resigrtation, death, or othervvise,the Lieutenant- 
 Governor in the Queen's name, by instrument under the 
 Great Seal of Quebec, shall appoint a fit and qualified 
 person to fill the vacancy. 
 
 Questions as to 76. If any questiou arises respecting the qualification 
 ' ' of a Legislative Councillor of Quebec, or a vacancy in the 
 Legislative Council of Quebec, the same shall be heard and 
 determined by the Legislative Council. 
 
 speaiier of 77. The Lieutenant-Governor may from time to time. 
 
 Council. 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 his 
 stead. 
 
 Quorum of 78. Until the Legislature of Quebec Otherwise provides. 
 
 Council. the presence of at least ten members of the Legislative 
 
 Council, including the Speaker, shall be necessary to 
 constitute a meeting for the exercise of its powers. 
 
 Voting in Legis- 79. Questions arising in the Legislative Council of 
 
 li!L'tiv6 C/Oiincii o o 
 
 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 be deemed to be in the 
 negative, 
 oonstitution of gQ. The Legislative Assembly of Quebec shall be com- 
 
 Legislative As- , „ . fP i i i 
 
 sembiy of Que- poscd ot sixty-five membeis, 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 the 
 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 this bill 
 have been passed in the Legislative Assembly with the 
 concurrence of the majority of the members representing all 
 those electoral divisions or distiicts, and the assent shall 
 not be given to such bill unless an address has been 
 presented by the Legislative Assembly to the Lieutenant- 
 Governor stating that it has been so passed. 
 
 3.— ONTARIO AND QUEBEC, 
 
 First session of [81.] The Legislatures of Ontario and Quebec respec- 
 egisatures. lively shall be called together not later than six months 
 after the union. 
 Summoning of 82. The Lieutenant-Governor of Ontario and of 
 
 Legislative As- ^ , i 1 1 j- i ■ . , ■ ■ , ^ 
 
 seuiwiib. Quebec shall trom time to time, in the Queen s name, by 
 
 instrument under the Great Seal of the Province, summon 
 and call together the Legislative Assembly of the Province. 
 
XPPX. B.] BRITISH SORTH AMERICA ACT. 51 
 
 83, Until the Legislature of Ontario or of Quebec i^^striotion on 
 
 ,1 . . 1 ° , . 1 1 T • r\ , • election of hold- 
 
 otnerwise provides, a person accepting or holding in Ontario ersof offices, 
 or in Quebec any office, commission, or employment perma- 
 nent or temporary, at the nomination of the Lieutenant- 
 Oovernor, to which an annual salary, or any fee, allowance, 
 «moluraent, or profit of any kind or amount whatever from 
 the province is attached, shall not be eligible as a member 
 of the Legislative Assembly of the respective province, nor 
 ^hall he sit or vote as such-: but nothing in this section 
 shall make ineligible any person being a member of the 
 Executive Council of the respective province, or holding 
 any of the following offices, that is to say, the offices of 
 Attorney-General, Secretary and Registrar of the Province, 
 Treasurer of the Province, Commissioner of Crown Lands, 
 and Commissioner of Agriculture- and Pul)lic Works, and 
 in Quebec Solicitor General, or shall disqualify him to sit 
 or vote in the House for which he is elected, provided he is 
 'elected while holding such office. 
 
 [Si] Until the Legislatures of Ontario and Quebec Continuance of 
 respectively otherwise provide, all laws which at the union f^vJfg''"^ '''°"'"'" 
 are in force in those provinces respectively, 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 Assembly of Canada, the 
 qualifications or disqualifications of voters, the oaths to be 
 taken by voters, the returning officers, their powers and 
 ■duties, the proceedings at elections, the periods during 
 which such elections may be continued, and the trial of 
 controverted elections and the proceedings incident thereto, 
 the vacating of the seats of members and the issuing and 
 execution of new writs in case of seats vacated otherwise 
 than by dissolution.^shall respectively apply to elections of 
 members to serve in the respective Legislative Assemblies 
 of Ontario and Quebec. 
 
 Provided that until the Le"gislature of Ontario otherwise 
 provides, at any election for a member of the Legislative 
 Assembly of Ontario for the District of AJgoma, in addition 
 to persons qualified by the law of the Province of Canada 
 to vote, every male British subject aged twenty-one years 
 ■or upwards, being a householder, shall have a vote. 
 
 85. Every Legislative Assembly of Ontario and every Duration of Leg- 
 Legislative Assembly of Quebec shall continue for four bites™ '*^'^®"'- 
 years from the day of the return of the writs for choosing 
 the same (subject nevertheless to either the Legislative 
 Assembly of Ontario or the Legislative Assembly of Quebec 
 being sooner dissolved by the Lieutenant-Governor of the 
 Province), and no longer. 
 
52 
 
 BRITISH NORTH AMERICA ACT. [APPX. B. 
 
 Yearly session of 
 Legislature. 
 
 Speaker, 
 rum, &c. 
 
 quo- 
 
 86. There shall be a session of the Legislature of 
 Ontario and of that of Quebec once at least in every year, 
 so that twelve months shall not intervene between the las-t 
 sitting of the Legislature in each province in one session 
 and its first sitting in the next session. 
 
 87. The following provisions of this Act respecting 
 the House of Commons of Canada shall extend and apply 
 to the Legislative Assemblies of Ontario and Quebec, that 
 is to say, — the provisions relating to the election of a 
 Speaker originally and on vacancies, the duties of the 
 Speaker, the absence of the Speaker, the quorum, and the 
 mode of voting, as if those provisions were here re-enacted 
 and made applicable in terms to each such Legislative 
 Assembly. 
 
 4.— NOVA SCOTIA AND NEW BRUNSWICK, 
 
 The constitution of the legislature of each of the 
 Scotia and New Brunswick 
 
 Constitutions of' L^^'J 
 
 N^fSia and Provinces of Nova Scotia and New Brunswick shall, 
 New Brunswick, subject to the provisions of this Act, continue as its exists 
 at the union until altered under the authority of this Act ; 
 and the House of Assembly of New Brunswick existing at 
 the passing of this Act shall, unless sooner dissolved, 
 continue for the period for which it was elected. 
 
 5.— ONTARIO, QUEBEC, AND NOVA SCOTIA. 
 
 First elections [^9-] Each of the Lieutenant-Govemors of Ontario, 
 
 Quebec and Nova Scotia shall cause writs to be i.ssHed for 
 the first election of members of the Legislative Assembly 
 thereof in 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 
 subdivision thereof .shall be held at the same time and at 
 the same place as the election for a member to serve in the 
 House of Commons of Canada for that electoral district. 
 
 Application to 
 legislatures of 
 provisions res- 
 pecting money 
 votes. 
 
 6.— THE FOUR PROVINCES, 
 
 90. The following provisions of this Act respecting the 
 Parliament of Canada, namely, — the provisions relating to 
 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 
 and apply to the legislatures of the several provinces as if 
 those -provisions were here re-enacted and made applicable 
 in terms to the respective provinces and the legislatures 
 thereof, with the substitution of the Jjieutenant-Governor 
 of the province for the Governor-General, of the Governor- 
 
APPX. B.] BRITISH NORTH AMERICA ACT. 53 
 
 General for the Queen and for a Secretary of State, of one 
 year for two years, and of the Province for Canada. 
 
 VI. — DISTEIBUTIOH" 'OF LEGISLATIVE PO'W^EKS. 
 
 Powers of i^e Purliament. 
 
 51. It shall be lawful for the Queen, by and with the Legislative au- 
 advice and consent of the Senate and House of Commons, fSSt of cm- 
 to make laws for the peace, order, and good government of *^*- 
 Canada, in relation to all matters not coming within the 
 classes of subjects by this Act assigned exclusively to the 
 Legislatures of the Provinces ; and for greater certainty, 
 but not so as to restrict the generality of the foregoing 
 terms of this section, it is heretyy declared that (notwith- 
 standing anything in this Act) the exclusive legislative 
 authority of the Parliament of Canada extends to all 
 matters coming within the classes of subjects niext herein- 
 after enumerated ; that is to say: 
 
 1. The public debt and property. 
 
 2. The regulation of trade and commerce. 
 
 3. The raising of -money by any mode or system of 
 
 taxation. 
 
 4. The borrowing of money on the public credit. 
 
 5. Postal service. 
 
 6. The -census and statistics. 
 
 7. Militia, military and naval service, and defence. 
 
 8. The fixing of and providing for the salaries and 
 
 allowances of civil and other officers of the 
 'Government of Can'ada. 
 
 9. Beacons, buoj's, lighthouses, and Sable Island. 
 
 10. Navigation and shipping. 
 
 11. Quarantine and the establishment and maintenance 
 
 of marine hospitals. 
 
 12. Sea coast and inland fisheries. 
 
 13. Ferries between a province and any British or 
 
 foreign country or between two provinces. 
 
 14. Currency and coinage. 
 
 15. Banking, incorporation of banks, and the issue of 
 
 paper money. 
 
 16. Savings banks. 
 
 17. Weights and measures. 
 
 18. Bilk of exchange and promissory notes. 
 
 19. Interest. 
 
 20. Legal tender. 
 
 21. Bankruptcy and insolvency. 
 
 22. Patents of invention and discovery. 
 
 23. Copyrights. 
 
 24i. Indians., and lands reserved for the Indians. 
 
54 BRITISH NOETH AMERICA ACT. [APPX. B; 
 
 2o. Naturalization and Aliens. 
 
 26. Marriatre 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 a.s.signed 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 class of matters of a local or private nature,, 
 comprised in the enumeration of the classes of subjeets by 
 this Act assigned exclusively to the Legislatures of the 
 Provinces. 
 
 Exclusive Powers of Provincial Legislatures. 
 
 Subjects of ex- 92. In each province ihe Legislature may exclusively 
 ciaUegisiiition." roake 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 office of Lieu- 
 tenant-Governor. 
 
 2. Direct taxation within the province in order to the 
 
 raising of a revenue foi provincial purposes. 
 
 3. The borrowing of money on the sole credit of the 
 
 provihee. 
 
 4. The establishment and tenure of provincial offices 
 
 and the appointment and paj-ment of provincial 
 officers. 
 
 5. The management and sale of the public lands 
 
 belonging to the province and of the timber 
 and wof)d thereon. 
 
 6. The establishment, maintenance, and management 
 
 of public and reformatory prisons in and for 
 the province. 
 
 7. The establishment, maintenance, and management of 
 
 hospitals, asylums, charities, and eleemosynary 
 institutions in and for the province, other than 
 marine hospitals. 
 
 8. Municipal institutions in the province. 
 
 9. Shop, saloon, tavern, auctioneer, and other licenses, 
 
 in order to the raising of a revenue for pro- 
 vincial, local or municipal purposes^ 
 
APPX. E.] BRITISH NORTH AMERICA ACT. 55 
 
 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 anv 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 exe- 
 cution declared by the Parliament of Canada 
 to be for the general advantage of Canada or 
 for the advantage of two or more of the 
 provinces. 
 IL The incorporation of companies with provincial 
 objects. 
 
 12. The solemnization of marriage in the province- 
 
 13. 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. 
 
 15. The imposition of punishment by fine, penalty, or 
 
 imprisonment for enforcing any law of the 
 province 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, 
 
 Ediieation. 
 
 93. In and for each province the Legislature may Legislation re- 
 esclusively make laws in relation to education, subject andtfoa.'"'^ "''"'^ 
 according to the following provisions : — 
 
 1. Nothing in any such law shall prejudicially affect 
 
 any right or privilege with respect to denomi- 
 national schools which any class of persons 
 have by law in the province at the Union : 
 
 2. 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 Roman Catholic subjects shall be 
 and the same are hereby extended to the 
 dissentient schools of the Queen's Protestant 
 and Botnan Catholic subjects in Quebec: 
 
50 BRITISH NORTH AMERICA ACT. [APPX, B. 
 
 3. Where in any province a system of separate or 
 
 dissentient schools exists by law at the Union 
 or is thereafter established by the legislature of 
 the province, an appeal shall lie to the Governor- 
 General-in-Council fiom any act or decision of 
 any provincial authority afi'ecting 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 
 
 time seems to the Governor-General-in-Council 
 requisite for the due execution of the provisions 
 of this section is not made, or in case any 
 decision of the Governor-General-in-Council 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 
 far only as the circumstances of each case 
 require, the Parliament of Canada may make 
 remedial laws for the due execution of the 
 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 New 
 Brunswick. 
 
 Legislation for 94. Notwithstanding anything in this Act, the Parlia- 
 
 iaw8°^'«iree ment of Canada may make provision for the uniformit}' of 
 provinces. g^jj q^ g^jjy qJ ^ijg laws I'elative to property and civil rights 
 in Ontario, 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 anything in this Act, be 
 unrestricted ; but any Act of the Parliament 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. 
 
 Concurrent pow- 95. In cach proviuce the legislature may make laws in 
 
 relp''ectfng''fgri'. relation to agriculture in the province, and to immigration 
 
 culture, &c. j^to the proviuce ; and it is hereby declared that the 
 
 Parliament of Canada may from time to time make laws 
 
 in relation to agriculture in all or any of the provinces, 
 
 and to immigration into all or any of the provinces; and 
 
APPX. B.] BRITISH NORTH AMERICA ACT. 57 
 
 any law of the legislature of a province i-elative to 
 agriculture or to immigration shall have effect in and for 
 the province as long and as far only as it is not repugnant 
 to any Act of the Parliament of Canada. 
 
 VII. — JtrDICATUBB. 
 
 96. The Governor-General shall appoint the judges of Appointment of 
 the superior, district, and county courts in each province, •'^^^^' 
 except those of the courts of probate in Nova Scotia and 
 
 NevF Brunswick. 
 
 97. Until the laws relative to property and civil rights selection of 
 in Ontario, Nova Scotia and New Brunswick, and thetari?r&o. 
 procedure 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 iudges of the courts of Quebec shall be ?^'«'=''°" ?* 
 selected from the bar of that province. Quebec. 
 
 99. The judges of the superior courts .shall hold office Tenure of office 
 during good behavior, but shall be removable by the perior courts.^" 
 Governor-General on address of the Senate and House of 
 Commons. 
 
 100. The salaries, allowances and pensions of the?a'a™s, &o., of 
 judges 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 provided by the Parliament of Canada. 
 
 101. The Parliament of Canada may, notwithstanding General court of 
 anything in this Act, from time to time provide for the*^"^^"' 
 constitution, maintenance and organization of a general 
 
 court of appeal for Canada, and for the establishment of 
 any additional courts for the better administration of the 
 laws of Canada. 
 
 VIII. — REVENUES: DEBTS: ASSETS; TAXATION. 
 
 102. All duties and revenues over which the respective Creation of con- 
 legislatures of Canada, Nova Scotia and New Brunswick Inut'^fund. '^^^" 
 before and at the Union had and have power of appro- 
 priation, except such portions thereof as are by this Act 
 reserved to the i-espective legislatures of the provinces, or 
 
 are raised bj' them in accordance with the special powers 
 conferred on them by this Act. shall form one consolidated 
 revenue fund, to be appropriated for the public service of 
 Canada in the manner and subject to the charges in this 
 Act provided. 
 
58 BRITISH NORTH AMERICA ACT. [APPX. B. 
 
 Expenses o! ooi- 103. The Consolidated revenue fund of Canada shall be 
 permanently chargjed with the costs, charges, and expenses 
 incident to the collection, management, 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. 
 
 Interest of pro- 104. The annual interest of the public debts of the 
 
 deS ^" '" several provinces of Canada, Nova Scotia, and New Bruns- 
 wiok at the Union shall form the second charge on the 
 consolidated revenue fund of Canada. 
 
 Salary of Gover- 105. Unless altered bv 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 
 revenue fund of Canada, and the same shall form the third 
 charge thereon. 
 
 Appropriation ] 06. Subject to the Several payments by this Act 
 
 time. charged on the consolidated revenue fund of Canada, the 
 
 same .shall be appropriated by the Parliament of Canada 
 for the public service. 
 
 Transfer of [1^7.] All stocks, cash, bankers' balances, and secnri- 
 
 ' ■ ties for mone\' 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 debts of the provinces at the 
 
 Union. 
 
 Transfer of pro- [108.] The public works and property of each province, 
 gerty in eohe- gj^^j jjjgj,g^^.g^j jj^ ^j^g ^j^j^.^^ j^^j^g^^jg ^^ ^.j^jg Act, shall be the 
 
 property of Canada. 
 
 Property in [109.] All lands, mines, minerals, and royalties belong- 
 
 &o. '' ™™'' ing 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. 
 
 Assets connect- [HO-] -^H assets Connected with such portions of the 
 
 ciarijebt^.™™' public debt of each province as are assumed by that 
 
 province shall belong to that province. 
 
 Canada to be [Hl^] Canada shall be liable for the debts and liabili' 
 
 vinciai debts, ties of each province existing at the Union. 
 
 Debts of Ontario [112.] Ontario and Quebec conjointly shall be liable to 
 
 and Quebec. Canada for the amount (if any) by which the debt of the 
 
 province of Canada exceeds at the Union sixty-two million 
 
 five hundred thousand dollars, and shall be charged with 
 
 interest at the rate of five per centum per annum thereon. 
 
APPX. B.J BBITISH NORTH AMERICA ACT. 59 
 
 [113.] The assets enumerated in the fourth schedule to Assets of ontaria 
 this Act belonging at the Union to the province of Canada "'"^ '^"*'°- 
 shall 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. 
 
 [11.5.] New Brunswick shall be liable to Canada for Debt ot New 
 the amount (if any) by which its public debt exceeds at '^™"^*"'''' 
 the Union seven million dollars, and shall be charged with 
 interest at the rate of five per centum per annum thereon. 
 
 [lie.] In case the public debts of Nova Scotia and New payment of in- 
 Brunswick do not at the Union amount to eight million and f^^^^^ *°j ^™ 
 seven million dollars respectively, they shall respectively Bf™swick. 
 receive by half-yearly payments in advance from the 
 Government of Canada interest at five per centum per 
 annum on the diiferenee between the actual amounts of 
 their respective debts and such stipulated amounts. 
 
 117. The several provinces shall retain all their Provinoiai pub- 
 respective 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 Grants to 
 Canada to the several provinces for the support of their ^"""™^" 
 Governments and 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 ascer- 
 tained by the census of one thousand eight hundred and 
 sixty-one, and in the case of Nova Scotia and New Bruns- 
 wick, by each subsequent decennial census until the 
 population of each of those 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 amounts stipulated 
 in this Act. 
 
60 
 
 BRITISH NORTH AMERICA ACT. [APPX. B. 
 
 Further grant 
 to New Bruns- 
 wick. 
 
 Form of 
 ments. 
 
 pay- 
 
 Canadian manu- 
 factures, &c. 
 
 Continuance of 
 customs and ex- 
 cise laws. 
 
 Exportation and 
 importation as 
 between two pro- 
 vinces. 
 
 Lumber dues in 
 New Brunswiolt. 
 
 Exemption of 
 public lands, 
 Ac. 
 
 Provincial con- 
 solidated rev- 
 enue fund. 
 
 [119.] New Brunswick shall receive by half-yearly 
 payments in advance from Canada for the period of ten 
 years from the Union an additional allowance of sixty-three 
 thousand dollars per annum ; but as long as the public debt 
 of that province remains under seven million dollars, a 
 deduction equal to the interest at five per centum per 
 annum on such deficiency shall be made from that allow- 
 ance of sixty-three thousand dollars. 
 
 120. All payments to be made under this Act, or in 
 discharge of liabilities created under any Act of the 
 Provinces of Canada, Nova Scotia, and New Brunswick 
 respectively, and assumed by Canada, shall, until the 
 Parliament of Canada otherwise directs, be made in such 
 form and manner as may from time to time be ordered by 
 the Governor-General-in-Council. 
 
 121. All articles of the growth, produce, or manufacture 
 of any one of the provinces shall, from and after the Union, 
 be admitted free into each of the other provinces. 
 
 [122.] The customs and excise laws of each province 
 shall, subject to the provisions of this Act, continue in 
 force until altered by the Parliament of Canada. 
 
 [123.] Where customs duties are at the Union leviable 
 on any goods, wares, or merchandises in any two provinces, 
 those goods, wares and merchandises may, from and after 
 the Union, be imported from one of those provinces into 
 the other of them on proof of payment of the customs 
 duty leviable thereon in the province of exportation, and 
 on payment of such further amount (if any) of customs 
 duty as is leviable thereon in the province of importation. 
 
 [124.] Nothing in this Act shall affect the right of 
 New Brunswick to levy the lumber dues provided in 
 Chapter Fifteen of Title Three of the Revised Statutes of 
 New Brunswick, or in any Act amending that Act before 
 or after the union, and not increasing the amount of such 
 dues ; but the lumber of any of the provinces other than 
 New Brunswick shall not be subject to such dues. 
 
 125. No lands or property belonging to Canada or any 
 province shall be liable to taxation: 
 
 126. Such portions of the duties and revenues over 
 which the respective Legislatures of Canada, Nova Scotia 
 and New Brunswick had before the Union power of 
 appropriation as are by this Act reserved to the respective 
 Governments or Legislatures of the provinces, and all duties 
 and revenues raised by them in accordance with the special 
 powers conferred upon them by this Act, .shall in each 
 province form one consolidated revenue fund, to be 
 appropriated for the public service of the province. 
 
APPX. B.] BRITISH NORTH AMERICA ACT. 61 
 
 IX. — MISCELLANEOUS PKOVISIONS. 
 
 General. 
 
 [127.] If any person being at the passing of this Act a As to legisia- 
 member of the Legislative Council of Canada, Nova Scotia, *fpTv?noe"b™ 
 or New Brunswick, to whom a place in th'e Senate is°°™"e '"^"*- 
 offered, does not within thirty days thereafter, by writing 
 under his hand addressed to the Governor-General of the 
 Province of Canada or to the Lieutenant-Governor of Nova 
 Scotia or New Brunswick (as the case may be), accept the 
 same, he shall be deemed to have declined the same ; and 
 any person who, being at the passing of this Act a member 
 of the Legislative Council of Nova Scotia or New Brunswick, 
 accepts a place in the Senate shall thereby vacate his seat 
 in such Legislative Council. 
 
 128. Every member of the Senate or House ofoathofaiie- 
 Commons of Canada shall before taking his seat therein ^*"°°'*°' 
 take and subscribe before the Governor-General or some 
 person authorized by him, and every member of a legislative 
 council or legislative assembly of any province shall before 
 taking his seat therein take and subscribe before the 
 Lieutenant-Governor of the province or some person 
 authorized by him, the oath of allegiance contained in the- 
 fifth schedule to this Act ; and every member of the Senate 
 of Canada and every member of the Legislative Council of 
 Quebec shall also, before taking his seat therein, take and 
 subscribe before the Governor-General or some person 
 authorized by him, the declaration of qualification contained 
 in the same schedule. 
 
 [129.] . Except as otherwise provided by this Act, all continuance of 
 laws in force in Canada, Nova Scotia, or New Brunswick TOurt8,^offloere', 
 at the LTnion.and all courts of civil and criminal jurisdiction *"• 
 and all legal commissions, powers, and authorities, and all 
 officers, judicial, administrative and ministerial, existing 
 therein at the Union, shall continue in Ontario, Quebec, 
 Nova Scotia and New Brunswick respectively, as if the 
 Union had not been made ; subject nevertheless (except 
 with respect to such as .arc enacted by or exist under Acts 
 of the Parliament of Great Britain, or of the Parliament of 
 the United Kingdom of Great Britain and Ireland), to be 
 repealed, abolished, or altered by the Parliament of Canada, 
 or by the legislature of the respective province, according 
 to the authority of the parliament or of that legislature 
 under this Act. 
 
 [ISO.] Until the Parliament of Canada otherwise TranBfsfot 
 provides, all officers of the several provinces having duties cm»". '* 
 to discharge in relation to matters other than those coming 
 
62 BRlTlStt NORTH AMERICA ACT. [aPPX. U 
 
 within the classes of subjects by this Act assigned 
 exclusively to the Legislatures of the provinces shall be 
 officers of Canada, and shall continue to discharge the 
 duties of their respective offices under the same liabilities, 
 responsibilities, and penalties, as if the Union had not been 
 made. 
 
 Appointment o| [1^1-] Until the Parliament of Canada othervi^ise 
 
 iiewofflcefs. provides, the Governor-General^in-Council may from time 
 
 to time appoint such officers as the Governor-General-in- 
 
 Council deems necessary or proper for the effectual 
 
 execution of this Act. 
 
 Treaty obiiga- 132. The Parliament and Government of Canada shall 
 
 *'°"^' have all powers necessary or proper for performing the 
 
 obligations of Canada or any province thereof, as part of 
 
 the British Empire, towards foreign countries, arising under 
 
 treaties between ihe empire and such foreign countries. 
 
 Use of EngUsh 133. Either the English or the French lancjuage may 
 guages.™° °'°'be used by any person in the debates of the Houses of the 
 Parliament of Canada and of the Houses of the Legislature 
 of Quebec; and both those languages shall be used in the 
 respective records and journals of those Houses; and 
 either of those languages may be used by any person or in 
 ■ any pleading or process in or issuing from any court of 
 Canada established under this Act, and in or from all or 
 any of the courts of Quebec. ^ 
 
 The Acts of the Parliament of Canada and of the 
 Legislature of Quebec shall be printed and published in 
 both those languages. 
 
 Ontario and Quebec. 
 
 Appointment of 134?. Until the Legislature of Ontario or of Quebec 
 oers™orontario Otherwise provides, the Lieutenant-Governors of Ontario 
 and Quebec. ^^^ Quebec may each appoint under the Great Seal of the 
 province the following officers, to hold office during 
 pleasure, that is to say, — the Attorney-General, the 
 Secretary and Registrar of the Province, the Treasurer of 
 the Province, the Commissioner of Crown Lands, and the 
 Commissionei' of Agriculture and Public Works, and in the 
 case of Quebec the Solicitor-General ; and may, by order of 
 the Lieutenant-Governor-in-Council, from time to time 
 prescribe the duties of those officers and of the several 
 departments over which they shall preside or to which they 
 shall belong, and of the officers and clerks thereof; and 
 may also appoint other and additional officers to hold office 
 during pleasure, and may from time to time prescribe the 
 
APPX. B.] BRITISH KORTH AMERICA ACT. 63 
 
 duties of those officers, and of the several departments over 
 which they shall preside or to which they shall belong, and 
 of the officers and clerks thereof. 
 
 135. Until the Leaislatiire of Ontario or Quebec pow^i-s, duties, 
 otnerwise provides, all rights, powers, duties, tunctions, tive offloara. 
 responsibilities or authorities at the passing of this Act 
 vested in or imposed on the Attorney-General, Solicitor- 
 General, Secretary and Registrar of the Province of Canada, 
 Minister of Finance, Commissioner of Crown Lands, 
 Commissioner of Public Works and Minister of Agri- 
 culture and Receiver-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 the law of the Province of Canada, as well as 
 .those of the Commissioner of Public Works. 
 
 13G. Until altered by the Lieutenant-Governor-in- Great seals. 
 Council, the Great Seals of Ontario and Quebec respectively 
 shall be the same, or of the same design, as those used in 
 the Provinces of Upper Canada and Lower Canada respec' 
 tively before their union as the Province of Canada. 
 
 ri37.1 The words "and from thence to the end of theConstmotion of 
 
 ,, "- ' ■ ■ £ ii_ r • 1 ^ >> 1 J. temporaty Acts. 
 
 then next ensuing session or the Legislature, or words to 
 the same effect, used in any temporary Act of the Province 
 ot 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 defined by this Act. 
 
 IS'S. From and after the Union the use of the words As to einrs in 
 '^ Upper Canada," instead of "Ontario," or "Lower "*"''' 
 Canada," instead of "Quebec," in any deed, writ, process, 
 pleading, document, matter, or thing, shall not invalidate 
 the same. 
 
 139. Any proclamation under the Great Seal of the As to issue of 
 Province of Canada issued before the Union to take effect beforo"union^ 
 at a time which is subsequent to the Union, whether relating ^fter°lmTon!°^ 
 to that province, or to Upper Canada, or to Lower Canada, 
 and the several matters and things therein proclaimed shall 
 be and continue of like force and effect as if the Union had 
 not been made. 
 
6* 
 
 BRITISH NORTH AMERICA ACT. [APPX. B. 
 
 As to issue of 
 proclamationa 
 after union. 
 
 Penitentiary. 
 
 Arbitration re- 
 epectingf debts, 
 &o. 
 
 Division of 
 records. 
 
 Constitution of 
 townships in 
 Quebeo. 
 
 140. Any proclamation -which is , authorized bj' any 
 Act of the legislature of the Province of Canada, to be 
 issued under the Great Seal of the Province of Canada, 
 whether relating to that province, or to Upper Canada, or 
 to Lower Canada, and which is not issued before the Union 
 may be issued by the Lieutenant-Governor of Ontario or 
 of Quebec, as its subject matter requires, under the Great 
 Seal thereof ; and from and after the issue' of such 
 proclamation the same and the several matters and things 
 therein proclaimed shall be and continue of the like force 
 and effect in Ontario and Quebec as if the Union had not 
 been made. 
 
 141. The penitentiary of the Province of Canada 
 shall, until the Pailiament of Canada otherwise provides, 
 be and continue the penitentiary of Ontario and Quebec. 
 
 [142.] The division and adjustment of the debts, 
 credits, liabilities, properties and assets of Upper Canada 
 and Lower Canada shall be referred to the arbitrament of 
 three arbitrators, one chosen b}' the Government of Ontario, 
 one by the Government of Quebec, and one by tho 
 Government of Canada ; and the selection of the arbitrators 
 shall not be made until the Parliament of Canada and the 
 Legislatui'es of Ontario and Quebec have met ; and the 
 arbitrator chosen by the Government of Canada shall not 
 be a resident either in Ontario or 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 admitted 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 Govern- [145.] Inasmuch as the Provinces of Canada, Nova 
 
 ment of camda Scotia and New Brunswick have joined in a declaration 
 
 horein'deswiH '^'^^'^ ^^^ Construction of the Intercolonial Railway is 
 
 essential to the consolidation of the Union of British North 
 
 Amejica, and to the assent thereto of Nova Scotia and 
 
 New Brunswick, and have consequently agreed that 
 
APPX. B.] BRITISH NORTH AMERICA ACT. 65 
 
 provision should be made for its immediate construction 
 by the Government of Canada : Therefore, in order to give 
 effect to that agreement, it shall be the duty of the 
 Government and Parliament of Canada to provide for the 
 commencement within six months after the Union of a 
 railway connecting the river St. Lawrence with the City 
 of HalifaX; in Nova Scotia, and for the construction thereof 
 without intermission, and the completion thereof with all 
 practicable speed. 
 
 XI.— ADMISSION OP OTHER COLONIES. 
 
 [146.1 It shall be lawful for the Queen, by and with Power to admit 
 
 111. i»iT Tiyi" )ii*iTT 11 Ti. /"^ .1 Newtoundland, 
 
 the advice oi tier Majesty s Most Honoi-able rnvy Council, &o., into the 
 on addresses from the Houses of the Parliament of Canada, """'"" 
 and from the houses of the respective legislatures of the 
 colonies or 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-West Territory, or either of 
 them, into the Union, on such terms and conditions in each 
 case as are in the addresses expressed and as the. Queen 
 thinks fit to approve, subject 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 ^"cl ^ti"®?'^™; 
 Prince Edward Island, or either of them, each shall beioundiand and 
 entitled to a representation in the Senate of Canada of f^Vand in "en- 
 four members, and (notwithstanding anything in this Act)**^- 
 in case of the admission of Newfoundland the normal 
 number of senators shall 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 admission of Prince Edward Island, 
 whether Newfoundland is admitted or not, the representa- 
 tion of Nova Scotia and New Brunswick shall, as vacancies 
 occur, be reduced from twelve to ten members respectively, 
 and the representation of each of those provinces shall not 
 be increased at any time be3'ond ten except under the 
 provisions of this Act for the appointment oiMhree or six 
 additional senators under the direction of the Queen. 
 
66 BRITISH iToRTtt AMERICA ACT. [aPPX. b. 
 
 SCHEDULES. 
 
 THE FlRSf SCHEDULE^ 
 Electoral Districts of Ontario* 
 
 ME SECOND SCHEDULE. 
 Electoral Districts of Qtiebec specially fixed. 
 
 COUNTIES O^ 
 
 Pontiac. 
 Ottawa. 
 Argenteuil. 
 Huntingdon. 
 
 Missi^quoi. 
 
 Brome. 
 
 Shefford. 
 
 Stanstead. 
 
 Town of Sherbrooke. 
 
 Compton. 
 
 Wolfe and Richmond. 
 
 Megantic. 
 
 fHE THIRD SCHEDULE, 
 
 Provincial Public Works and Property to he the Property 
 of Canada. 
 
 1. Canals, with lands and water power connected 
 
 therewith. 
 
 2. Public harbors. 
 
 3. Lighthouses and piers, and Sable Island. 
 
 4. Steamboats, dredges, and public vessels. 
 
 5. Rivers and lake improvements. 
 
 6. Railways and railway stocks, mortgages, and othef 
 
 debts due by railway companies. 
 
 7. Military roads. 
 
 8. Custom Houses, Post Offices, and all other public 
 
 buildings, except such as the Government of 
 Canada appropriate for the itse of the Provincial 
 Legislatures and Governmenis. 
 
 9. Property transferred by the Imperial Government, 
 
 and known as Ordnance Property. 
 
 * The first schedule is omitted as being of httle interest, and partly obsolete. 
 
APPX. B.] BRITISH NORTH AMERICA ACT. G7 
 
 mories, drill shedi 
 tions of war, an 
 public purposes. 
 
 10. Armories, drill sheds, military clothing, and muni- 
 tions of war, and lands set apart for general 
 
 THE FOURTH SCHEDULE. 
 
 Assets to be the Property of Ontario and Quebec 
 conjointly. 
 
 Upper Canada Building Fund. 
 Lunatic Asylums. 
 Normal School. 
 Court Houses, 
 
 in 
 Aylmer, ^ Lower Canada. 
 
 Montreal, 
 Kamouraska. ^ 
 Law Society, Upper Canada. 
 Montreal Turnpike Trust. 
 University Permanent Fund. 
 Royal Institution. 
 
 Consolidated 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. 
 Quebec Turnpike Trust. 
 Education— East. 
 
 Building and Jury Fund, Lower Canada. 
 Municipalities Fund. 
 Lower Canada Superior Education Income Fund. 
 
 THE riPTH SCHEDULE. 
 
 Oath of Allegiance. 
 
 I, A. B., do swear that I will be faithful and bear true 
 allegiance to Her Majesty Queen Victoria. 
 
 Note.— The name of the King or Queen of the United Kintdom of Great Britain and 
 Ireland for the time being is to be substituted from time to time, with proper terms of 
 reference thereto. 
 
68 BRITISH NORTH AMERICA ACT. [APPX. B. 
 
 Declaration of QiMlification. 
 
 T, A. B., do declare and testify that I am by law duly 
 qualified to be appointed a member of the Senate of Canada 
 (or as the case may be), and that I am legally or equitably 
 seised as of freehold for my own use and benefit of lands or 
 tenements held in free and common socage [or seised or 
 possessed for my own use and benefit of lands or tenements 
 held in franc-alleu or in roture (or as the case may he)i\ in 
 the Province of Nova Scotia (or as the case may be), of the 
 value of four thousand dollars over and above all rents, 
 dues, debts, mortgages, charges, and encumbrances due or 
 payable out of or charged on or affecting the same, and 
 that I have not collusively or colorably obtained a title to 
 or become possessed of said lands and tenements or any 
 part thereof for the purpose of enabling me to become a 
 member of the Senate of Canada (or as the case may be), 
 and that my real and personal property are together worth 
 four thousand dollars over and above my debts and 
 liabilities. 
 
 EKEA.TTJM:. 
 
 On page 8, the Act of 1879 relating to the taxation of Sugar Eefineries should be 
 chaptered 28 instead of 27. 
 
INDEX TO APPENDIXES. 
 
INDEX TO APPENDIXES. 
 
 71 
 
 INDEX TO APPENDIXES. 
 
 A. 
 
 Accessories. &ee Factors and Agents 
 
 Actions. See yaval Propen-ty .... 
 
 Military Property .... .... .... 
 
 Administration of Criminal Justice. See Criminal Proceedings, dc. 
 Adultery. See Divorce and__ Matrimonial Causes .... .... 
 
 Affidavits. See Divorce, and Matrimonial Causes .... 
 
 Agents. See Factors and Agents ... .... 
 
 Alimony. See Divorce and Matrimonial Cmtses ,. .... 
 
 ALLEGIANCE, OATH OF 
 
 Penalty for not taking oath when required to do so 
 
 Animals. See Petty Offences, Trespasses and Assaults .. 
 
 Antigonish. See Stipendiary Magistrates .... 
 
 Appeals. See Divorce and Matrimonial Causes 
 
 ^ Stipendiary or Police Magistrates . . .... 
 
 Assaults. See Petty Offences, Trespasses and Assaults 
 
 Attorney-General. See CriminalJustice, iLc 
 
 page 
 
 .- 11 
 
 3 
 
 . a 
 
 27 
 . 14 
 
 15 
 . 9 
 
 U 
 
 . 33 
 33 
 
 . 20 
 19 
 
 . 13 
 IS 
 
 ,. 20 
 29 
 
 B. 
 
 BRITISH NORTH AMERICA ACT 
 
 Admission of other Colonies 
 
 Provisions for admission of British Columbia, Newfoundland, Prince 
 Edward Island, Rupert's Land and North-West Territory 
 into Union . . .... .... .... .... • ■ . • 
 
 as to representation of Newfoundland and Prince Edward 
 
 Island in Senate .... .... 
 
 Distribution of Legislative Powers .... .... .... 
 
 Agriculture and Immigration . . .... .... 
 
 Education .... .... .... . .... 
 
 Parliament of Canada, powers of .... .... 
 
 Provincial Legislatures, exclusive powers of .... 
 
 Uniformity of laws in Ontario, Nova Scotia and New Brunswick 
 
 Executive Power .... .... .... .... 
 
 Governor-General, provisions as to .... .... 
 
 Privy Council, m h . . .... .... .... 
 
 Queen to have command of armed forces .... .... 
 
 executive power .... .... .... .... 
 
 Seat of Government of Canada . . .... .... .... 
 
 Intercolonial Railway .... .... .... 
 
 Railway, commencement, construction and completion of, provided; 
 
 for .... 
 
 Jttdioature .... 
 
 Appeal, court of, &c. , may be established 
 
 Judges, appointment of ... . .... 
 
 salaries, &c. , of .... .... .... .... 
 
 selection of in Ontario, Nova Seotia, New Brunswick and Quebec 
 tenure of office of certain . . .... 
 
 37 
 65 
 
 65 
 
 65 
 .. 53 
 
 56 
 ,. 55 
 
 53 
 ,. 54 
 
 56 
 ,. 3S 
 38, 39 
 38, 39 
 
 39 
 ,. 3S 
 
 40 
 
 64 
 
 57 
 57 
 57 
 57 
 57 
 5T 
 
72 
 
 INDEX TO APPENDIXES. 
 
 BRITISH NORTH AMERICA ACT— Contluued. 
 
 Legislative Power .... 
 
 House of Commons, provisions as to 
 
 New Brunswick, electoral districts of . . 
 
 Nova Scotia, n n n .... .... 
 
 Ontario, ti u n . . 
 
 Quebec, m h m 
 
 Money votes, provisions as to . . .... .... .... 
 
 Parliament, constitution, powers and sessions of . 
 
 Royal assent to bills, provisions as to . . 
 
 Senate, provisions as to 
 
 Miscellaneous Provisions . . 
 
 Appointment of new officers by Governor-General .... 
 
 Declara ion by senators and Quebec councillors . . 
 
 Existing laws, courts, officers, &c. , how continued .... 
 
 Forms of oath of allfegiance, and declaration .... .... 
 
 Languages, English and French, how used , . .... 
 
 Oath of allegiance taken by members of Dominion and local legislatures 
 Ontario and Quebec, special provisions respecting .... .... 
 
 Senators not to be legislative councillors 
 
 Treaty obligations performed by Canada .... .... 
 
 Nova Scotia, Provisions si-ecially affecting 
 
 constitution of legislature of ... . .... 
 
 debt of, and subsidy to .... 
 
 electoral districts of ... . .... .... .... 
 
 executive government of . . 
 
 Intercolonial Bailway for, &c. . . .... .... 
 
 limits of . . .... .... .... .... 
 
 members of House of Commons from .... 
 
 seat of government of .... 
 
 senators from . . .... .... .... .... 
 
 Preliminary Provisions . . .'. 
 
 Application of provisions relating to Queen .... .... 
 
 , Short title 
 
 Provincial Constitutions . . .... .... .... 
 
 Executive power . . .... .... .... 
 
 Legislative power 
 
 in four provinces . .... 
 
 Nova Scotia, New Brunswick and Quebec 
 Ontario and Quebec 
 
 Ontario . . .... 
 
 and Quebec . . 
 
 Quebec . . .... .... .... 
 
 Revenues : Debts : Assets : Taxation . . 
 
 Assets of Canatla ..•.." .... 
 
 four provinces . . 
 
 Ontario and Quebec . . .... .... .... 
 
 Debts assumed by Canada . . .... . .... 
 
 of Nova Scotia and New Brunswick 
 
 Ontario and Quebec .... .... .... 
 
 Revenue, charges on consolidated fund of Canada 
 
 provincial .... .... . .... 
 
 subsidies to from Canada .... 
 
 Taxation • .... .... .... .... 
 
 Custom and excise laws continued, how .... 
 
 Lands and property of Canada and provinces exempt from taxation 
 
 No duties between provinces . . 
 
 Powers of Canada as to taxation .... .... .... 
 
 provinces as to taxation 
 
 Union .... .... 
 
 between Canada, Nova Scotia, and New Brunswick . . 
 
 boundaries of Ontario, Quebec, New Brunswick and Nova Scotia after 
 
 census decennial during, provided for . . .... .... .... 
 
 rAGE 
 
 40 
 . iO 
 
 44 
 . 44 
 
 43 
 . 43 
 
 46 
 . 40 
 
 46 
 . 40 
 
 61 
 . 62 
 
 61 
 . 61 
 
 68 
 . 62 
 
 61 
 
 62 
 . 61 
 
 62 
 
 52 
 . 59 
 
 44 
 . 48 
 
 64 
 . 38 
 
 44 
 . 49 
 
 40 
 . .37 
 
 37 
 . 37 
 
 47 
 . 47 
 
 49 
 . 52 
 
 52 
 . 52 
 
 49 
 . . 50 
 
 49 
 , . 57 
 58, 66 
 58, 69 
 
 59 
 .. 58 
 
 59 
 .. 58 
 
 58 
 . . 60 
 
 59 
 
 60 
 60 
 60 
 53 
 54 
 37 
 38 
 38 
 38 
 
INDEX TO APPENDIXES. 73 
 
 C. 
 
 PAGE 
 
 Clerks of Peace. See Stipendiary or Police Magistrates .... 16 
 
 Constables. See Criminal Justice .... .... .... .... .... 29 
 
 Stipendiary or Police Magixtrales .... .... .... .... 17 
 
 CoNTEMi'TS. Divorce and Matrimonial Causes . .... .... .... 15 
 
 CRIMINAL JUSTICE, ADMINISTEATION OF IN SUPREME COURT... 27 
 
 Attorney-General, court-to appoint prosecutor in absence of : costs .... 29 
 
 to certify as to witnesses' fees 28 
 
 Constable's fees, how paid where prisoner has no goods. . .... .... 28 
 
 Costs of prosecuting officer, how taxed and paid .... .... .... 29 
 
 County Treasurer, fines, &c., in supreme court paid to . . .... 30 
 
 how and when to pay fees of witnesses in criminal cases 28 
 
 not having funds, expenses of constables and witnesses 
 
 paid from Provincial Treasury .... .... 28 
 
 to pay {fees of witnesses attending grand jury without sub- 
 poenas, &C. .... .... .... .... 31 
 
 to pay fines, &c., to witnesses in prosecutions 30 
 
 when to pay expenses of constables .... 28 
 
 . poor witnesses .... 28 
 
 Criminals, bailed or imprisoned where questions of law reserved . 31 
 
 charged with misdemeanor, sections 86, 87, 88, 89 and 90 to apply 
 
 to trials of. .... .... .... .... .... 30 
 
 imprisoned in penitentiary or jail ..... 30 
 
 special sittings for trial of . . .... .... 29 
 
 warrants for, endorsed by justices .... .... .... .... 30 
 
 when sentenced . . .... .... .... .... .... 29 
 
 to pay expenses of prosecution .... 29 
 
 Expenses of conveying prisoners to jail, by whom borne ; penalty 27 
 
 .... . when prisoner has no goods . . 27 
 
 poor witnesses, how paid .... 28 
 
 fees of witnesses on criminal trials, how paid .... 28 
 
 Fines, &c., levied by supreme court paid to county treasurer 30 
 
 paid to witnesses attending criminal trials .... .... 31 
 
 Form of certificate of decision of supreme court on question reserved 32 
 
 Imprisonment to be in jail or penitentiary 30 
 
 Jail, charges of conveying prisoner to, how recovered . . 27 
 
 when paid by prisoner 27 
 
 Judge presiding, may adjourn special sitting from day to day 30 
 
 may reserve question of law for court 31 
 
 must sign case stating questions reserved 31 
 
 Misdemeanors, sections 86, 87, 88, 89 and 90 to apply to 30 
 
 Prisoner, jjenalty on for not paying for his conveyance to jail 27 
 
 Prosecution, costs of hdw taxed and paid . . . : . . .... 29 
 
 court to appoint officer to conduct, in absence of Attorney- 
 General ; costs. . . .... .... 29 
 
 expenses of when paid by defendant . . 29 
 
 witnesses for in criminal cases, fees of .... .... .... 28, 31 
 
 ■Questions reserved for court, proceedings on 31 
 
 form of certificate of judgmentof supreme court on ... . 32 
 
 heard and determined by court at Halifax ... 31 
 
 judgment of court on, how delivered . . . , .... 32 
 
 order of supreme court, how made and executed. . .... 31 
 
 transmitted to court at Halifax .... 31 
 
 Receiver-General to pay certain expenses when treasurer has no funds .... 28 
 
 when to pay costs of prosecuting .... 29 
 
 recover m n .... .... .... .... 29 
 
 fecial sittings, for trial of felonies, order for 29 
 
 judge and proceedings at . . .... .... .... 30 
 
 may adjourn from day to day .... .... .... .30 
 
 onay try (misdemeanors .... .... 30 
 
74 
 
 INDEX TO APPENDIXES. 
 
 CRIMINAL JUSTICE, ABMIXISTRATIOS OP IN SUPREME COURT— 
 
 Continned. page 
 
 Special sittings, publication and notices of order for 
 
 summoning jurors and other officers for .... 
 
 Supreme court, fines levied under judgments of, paid to county treasur&r 
 judge of may order imprisonment in jail or penitentiary 
 sentence criminals at sittings in Halifax. . . . 
 
 to preside at special sittings .... 
 
 judgment of on question reserved, how delivered 
 presiding judge- may adjourn special sittings- .... 
 
 questions reserved for, determination of, &;c ■ ... 
 
 proceedings as to ... . .... 
 
 special sittings of for trial of felcHiies and misdemeanors, 
 how ordered and held . . .... .... .... 
 
 Warrant for criminal escaping from other province how endorsed and executed 
 Witnesses, fees of on criminal trials, how paid .... ... .... 
 
 fines applied to payment of fees of . , . .... .... 
 
 poor, expenses of how paid . . .... .... .... .... 
 
 when to receive fees where no sabpcenas .... .... .... 
 
 Costs. See Criminal Jtmtire. . .... .... .... .... .... .... 
 
 Divorce and Matrimonint Causes .... .... .... .... 
 
 County Teeasurek. See Crimina! Ju«tice . . . . .... .... .... 116, 
 
 Court for Divorce akd Matribtonial Causes. See- Divorce and Matrimonial 
 CauscK .... .... .... . . '. .... .... ...... .... 
 
 Crown Lands. See Petty Ofevces, Trenpecsscf, tto. .... .... .... .... 
 
 Cursing. See Public Morals, OJTevces a<jrdvst .... .... .... .... 
 
 Curtesy and Dower. See Divorce and Matrimonial Causes .... .... .... 
 
 29 
 29 
 30 
 30 
 29 
 30 
 32 
 30 
 31 
 31 
 
 29 
 30 
 . . 28, 30 
 30 
 28. 
 31 
 29 
 1.5 
 118. 
 
 12 
 23 
 25 
 12 
 
 D. 
 
 Dangerous Weapons. See Puhlic Peace.. .... 
 
 DIVORCE AND MATRIMONIAL CAUSES, COURT FOR 
 
 Adultery coupled with cruelty, husband and wife competent witnesses in cases 
 
 of 
 
 no co-respondents or juries in cases of . 
 Affidavits, &c., taken abroad, admissible 
 Alimony and costs allowable daring tiial by court 
 on divorce in discretion of court 
 what to constitute .... ... 
 
 Appeal court of, power of as to costs . . 
 
 none as to costs alone ... 
 
 when and to whom to be made . 
 
 Appointment and powers of temporary judge .... .... 
 
 in case of absence, illness, &c., of judge ordinary.. . .... 
 
 of registrar of court . .... .... .... .... 
 
 Authority of judge over persons in court same as of judge of Supreme Court 
 Chambers, judge ordinary may sit at . . .... .... .... .... 
 
 Clergyman not liable to penalty for not marrying, &c., divorced persons 
 Contempts, &c., judge to have same powers as to, as judge of Supreme Court 
 
 Co-respondents not introduced in cases of adultery .... .... 
 
 Costs, in discretion of court .... .... .... 
 
 no appeal as to alone ... .... .... ... 
 
 Court, jurisdiction of as to divorce, dow er, and curtesy 
 may decree alimony : nature of alimony. 
 
 order execution and dispose of proceeds, 
 powers of at trial and as to judgment. . . 
 to have powers of English court, exception . . . 
 
 make rules, to be published in Soyal Gazette . . .... 
 
 Cruelty coupled with adultery, husband and wife competent witnesses in cases 
 
 of 
 
 Curtesy and dower, in discretion of court 
 
 2& 
 
 U 
 14 
 15 
 13 
 14 
 14 
 15 
 15 
 13 
 12 
 12 
 13 
 15 
 15 
 14 
 15 
 14 
 15 
 15 
 13 
 14 
 13 
 13 
 14 
 15 
 
 14 
 1& 
 
INDEX TO APPENDIXES. 75 
 
 DIVORCE AND MATRIMONIAL CAUSES, COURT FOR-Continned. page 
 
 Divorced person, clergyman not liable to penalty for not marrying, &c 14 
 
 may marry again .... .... .... .... .... 14 
 
 Dower and curtesy in discretion.of court. . . .... .... 13 
 
 Evidence, all process under seal of court to be . . .... 13 
 
 rules of, same as in supreme court .... .... .... .... 14 
 
 taken abroad admissible as in supreme court. . .... 15 
 
 Examination of witnesses .... .... .... 14 
 
 Execution, nature and efifect of .... .... 13 
 
 proceeds of sale under, paid into registry 13 
 
 False'depositions, &c. , to be perjury ... .... .... .... 14 
 
 Gazette, Royal, rules of court to be published in before going into operation. ... 15 
 
 Husband and wife competent witnesses in certain cases. . 14 
 
 Judge of supreme court to act temporarily .... 12 
 
 Judge ordinary, illness, absence, &c. , of, provided for .... 12 
 
 jiidge in equity to be ... . .... .... 12 
 
 may sit at chambers : powers. . .... .... .... 15 
 
 signature of not necessary : exception .... 13 
 
 to be member of court of appeal .... .... .... 13 
 
 have powers of judge of supreme court over persons in court 15 
 
 Jurisdiction of court . .... .... .... .... .... 13 
 
 Jury not allowed in cases of adultery .... .... .... 14 
 
 Marriages, how and on what terms declared void .... 13 
 
 on what grounds declared void . .... .... . 13 
 
 Parties may marry again on final dissolution of marriage .... 14 
 
 Perjury, who guilty of . , . .... .... .... .... 14 
 
 Powers of court same as of English court ; exception. ... .... .... 14 
 
 Process, issued by registrar, proved by seal, &c .... .... 13 
 
 Registrar of court .... .... 13 
 
 may sign rules, orders and other process.. .... .... 13 
 
 to receive proceeds of sales under execution ... 13 
 
 Be-marriage allowed after suit finally decided .... .... .... 14 
 
 Rules to be made by court and published in Royal Gazette .... 15 
 
 Seal of court, all process under receivable in evidence .... .... r, ,. 13 
 
 how made, altered, &c. ; effect of. .... .... .... 13 
 
 Supreme court, powers and constitution of on appeals .... .... .... 13 
 
 rules of evidence same as in ... . . .... .... 14 
 
 Witnesses, how examined .... .... 14 
 
 husband and wife competent, in certain cases .... .... 14 
 
 Documents of Title. See Factors and Agents .... .... 9 
 
 DowEE AND CuKTESY. Divorce and Matrimonial Causes, <fce .... 13 
 
 Dbunkenness, , Public Morals, Offences against , .... 25 
 
 E. 
 
 E.STBEATS. Sheriff to pay over money received from .... .... .... 34 
 
 ExBcnTioir. See Divorce and Matrimonial Causes .... .... .... . . .- 13 
 
 F. 
 
 FACTORS AND AGENTS 9 
 
 Accessories to unlawful pledging guilty of misdemeanor .... .... 11 
 
 Advance defined .... ... .... .... .... .... .... 11 
 
 in good faith to agent not authorized to pledge, &c. , goods, &c. , when 
 
 held valid .... .... .... .... .... .... 11 
 
 Agent, contract with in good faith held valid, proviso ... .... 10 
 
 conviction of, not evidence against him .... .... .... 11 
 
 deemed possessed of goods, &c., under his control .... .... 10 
 
 in possession not authorized to pledge, advance to in good faith valid . . 11 
 
 of goods or documents, deemed owner .... .... 11 
 
 of title thereto, may sell or pledge 
 
 them, how .... .... 9 
 
76 
 
 INDEX TO APPENDIXES 
 
 FACTORS iUD AGENTS-Continued. 
 
 Agent may pledge goods, &c., for advances on aeceptanqes, &c. . . 
 not liable to conviction, after compulsory disclosure . . 
 pledging goods illegally, guilty of a misdemeanor. .... 
 powers of as to contracts limited .... ..... .... 
 
 exchange of goods, titles, &c .... 
 
 Chapter, not to affect other remedies of parties aggrieved 
 
 Contracts made in good faith with agent held, valid 
 
 with agent known to be such, for sale, pledge, exchange, 
 
 goods, &c., when valid .... .... 
 
 Conviction, agent making compulsory disclosures not liable to. . . . 
 
 not evidence against agent .... .... .... 
 
 Documents of title, defined ... .... .... .... .... 
 
 pledge of to be pledge of goods.. .... 
 
 possession of to be held possession of goods . . . 
 Misdemeanor, accessories to unauthorized pledging guilty of. 
 
 unauthorized pledging by agent to be ... . .... 
 
 Owner may recover surplus proceeds of sale of goods .... 
 
 redeem goods pledged on satisfying lien and agent's claim 
 Payment by money or negotiable security to be an advance . . 
 Penalty for unauthorized pledging of goods, &c. , by agent .... 
 
 Pledge, for amount due agent and his acceptances, legal .... 
 
 of documents of title to be held pledge of goods. .... 
 
 Pledging goods illegally to be misdemeanor of agent .... 
 
 Pledging without authority, accessories to gui'ty of a misdemeanor 
 
 Possession of documents to be deemed possession of goods 
 
 goods and documents, what to be deemed. . .... 
 
 or documents evidence of agency .... 
 
 Provisions of chapter not to affect other legal remedies . . .... 
 
 Fees. See Criminal Justice, Administration of, rf-c .... 
 
 Petty Offences, Trespasses and Assaults.. .... .... 
 
 Stipendiary or Police Magistrates ... .... .... 
 
 Fighting. See Public Peace, Offences against .... .... .... 
 
 FoKMS. See Criminal Justice, Administration of .... .... 
 
 Petty Offences, Trespasses and Assavlta. .... .... 
 
 &e., of 
 
 11 
 II 
 11 
 10 
 10 
 12 
 II 
 
 , .. 10 
 II 
 
 , .. II 
 10 
 
 ... 10 
 10 
 
 . . II 
 II 
 
 .. 12 
 
 12 
 .. II 
 
 II 
 .. II 
 
 10 
 .. II 
 
 II 
 .. 10 
 
 10 
 .. 10 
 
 12 
 .. 28 
 
 20 
 .15, 18 
 
 26 
 .. 32 
 
 23 
 
 G. 
 
 Gambling Houses] SeePitblic Morals, Offences against 
 
 25 
 
 H. 
 
 Husband and Wife. See Divorce and Matrimonial Causes . 
 
 14 
 
 I. 
 
 Incest. See Public Morcds, Offences against 25 
 
 INTEREST 33 
 
 Grain or live stock, borrower to pay value of in case of loss through his wilful 
 
 default 33 
 
 certain contracts as to, legalized .... .... .... 33 
 
 Jury or court, to allow interest by way of damages for delay of payment in 
 
 certain cases 33 
 
.INDEX TO APPENDIXES. 77 
 
 PAGE 
 
 Jail. See Criminal Justice, Adiipnistration of, &c ... .... .... 30 
 
 Judge Ordinary. See Divorce. 4?((Z Matrimonial Oatises, ikc .... .... 12 
 
 Judicature of Canada. See B^ltlih North America Act .... .... .... 57 
 
 Jury. See Stimndiary or Police l^agiairates .... .... .... .... 16 
 
 Justices. See Petty Offences, Tn'Upanses and Assaults . . .... .... .... 21 
 
 Public Morals, OffeifCes af/ainst .... .... .... .... 25 
 
 Sable and Saint Paai's Islands .. ... .... ... ...» 9 
 
 ';,K. 
 
 Kentvillb. See Stipendiary or Police Mayiatrates 16 
 
 L. 
 
 Larcenies, ^ee Stipendiary or Police Magistrates .... .... .... ... 16 
 
 Limitation of Actions. See Petty Offences, iSic. . . .... .... . , 2,3 
 
 Stipendiary or Police Magiitrates . . .... 17 
 
 Lotteries and Raffles. See Public Morals, Offences against 25 
 
 M. 
 
 Magistrates. See Stipendiary or Police .... .... .... 15 
 
 Marriage. See Divorce and Matrim.onial Causes, &c .... 12 
 
 Matrimonial Gauses, Court for. See Divorce, &c. . . .... .... .... 12 
 
 MILITARY PKOPEETY 6 
 
 Actions, in whose name . . .... .... .... .... .... .... 7 
 
 Contracts as to military properljy, how executed 7 
 
 made with Board of Ordnance executed and enforced by Secretary 
 
 for War Department . . .... .... .... .... 7 
 
 Deeds of military property, how executed .... .... .... .... 7 
 
 to be in name of Principal Secretary of State for War Department .... 7 
 
 Estates and powers of Ordnance Board transferred to War Department . . 6 
 
 Execution of deeds, contracts, cfee. .... .... .... 7 
 
 Lands, &c., of Queen held in name of Ordnance officers vested in Secretary for 
 
 War Department . . .... .... .... .... 6 
 
 Military property, deeds and contracts as to, how executed .... .... 7 
 
 purposes, property held for, transferred from Board of Ordnance to 
 
 War Department . . .... .... .... 6 
 
 Ordnance, powers and estates of principal officers of, transferred to Secretary 
 
 for War Department , . .... .... .... .... 6 
 
 principal officers of, contracts made with, executed and enforced by 
 
 Secretary for War .... .... .... .... 7 
 
 Powers and estates of Ordnance Board transferred to Secretary for War 
 
 Department . . .... .... .... . . . , .... 6 
 
 Principal Secretary of State for War Department .... .... 
 
 actions to be in his name .... .... .... .... 7 
 
 deeds, contracts, &c., to be in his name .... .... 7 
 
 military property vested in ... . .... .... 6 
 
 Proceedings to be in name of Principal Secretary for War Department .... 7 
 
 Property of Crown vested in Ordnance transferred to War Department .... 6 
 Secretary of State for War Department. See Principal Secretary, &o . . . . 6, 7 
 War Department, deeds, contracts, &c., to be in name of Principal Secretary 
 
 of State for .... . '. . . ... .... 7 
 
 Principal Secretary of State for, to execute and enforce same 7 
 
78 
 
 INDEX TO APPENDIXES . 
 
 MILITARY PROPERTT-CoDtinned. 
 
 War Department, proceedings tc be in name of Prtiieipal Secretary for 
 property held for military purples vested in .... 
 
 of Ordnance Board trensferred to ... . 
 
 Secretary of State for . . . . . , .... .... 
 
 substituted for Board of OrdDiince ... .... 
 
 MoEAis Public, Ojtencbs against. See Public Mdfals, <L-c 
 
 Municipal Councils. See Stipendiary or Police Magistrates 
 
 PAGE 
 
 7 
 
 ,. 6 
 
 6 
 
 ,. 6, 7 
 
 6,7 
 
 . 25 
 
 20 
 
 N. 
 
 NAVAL PROPERTY .■: 3 
 
 Actions relating to naval property brought and defended by commissioners for 
 executing office of lord hi^h admiral or lord high admiral, for 
 time being . . .... ^. , . .... .... .... 5 
 
 not to abate on death or resignation* .... .... .... .... 5 
 
 Commissioners, conveyances, contracts, &c., how executed by . . .... 4 
 
 may recover or be liable for costs . . .... .... . 5 
 
 sell, lease, &c. , naval property .... .... 4,5 
 
 naval property vested in . . .... .... .... ... 3, 4 
 
 title of, used without names . . .... . 4 
 
 Nova Scotia, Pbovisiuns of Union Act specially AprEcriNG. 
 America Act. .... 
 
 See British North 
 
 68 
 
 0. 
 
 Oath of Allegiance See Allegiance, Oath of . . . . 
 
 British North America^ Act . 
 Obstructing Highway. See Public Peace, Offences against 
 Offences against Public Morals. See Public Morals 
 
 Peace. Peace .... 
 Religion. Religion .... 
 Petty. See Petty Offences, Trespasses, li-c 
 
 33 
 
 68 
 27 
 2.5 
 26 
 24 
 20 
 
 P. 
 
 Peace, offences against. See Pvhlic Peace .. .... 
 
 Peejuby. See Divorce and Patrimonial, <Lc .... 
 
 PETTY OFFENCES, TREfePASSES, AND ASSAULTS 
 
 Animals, form of writ of r^levin of . . .... 
 
 justice to grant replevin upon security. ... 
 
 have jurisdiction as to trespasses by, up to |12 
 penalty for trespasses by certain .... .... 
 
 regulations as to trt^spasses by certain .... 
 
 trials of replevin suits as to .... .... .... 
 
 Assaults and batteries, how and by whom tried, penalties for, &c. 
 Certificate given when complaint dismissed .... 
 
 where given, no further criminal proceedings . 
 
 Common, penalty for damaging or defacing .... 
 
 Complaint, costs on regulated .... .... 
 
 how and when dismissed .... .... 
 
 Compliance with justices' judgment to bar further criminal proceedings. 
 Conviction, justices', form of ... . .... .... 
 
 record of .... .... .... 
 
 Crown lands, penalty for cutting or carrying away trees on . . 
 Enclosure cultivated, penalty for trespass on . . .... 
 
 Form of justices' conviction .... .... 
 
 summons . . .... .... .... 
 
 writ of replevin ,... ..,.' .... 
 
 . ■ 
 
 ... 26 
 
 
 15 
 
 
 ... 20 
 
 
 21 
 
 
 . .. 21 
 
 
 21 
 
 
 . .. 21 
 
 « . « . 
 
 21 
 
 
 ... 21 
 
 
 22 
 
 
 ... 22 
 
 r . . > 
 
 23 
 
 
 ... 21 
 
 . . > . 
 
 22 
 
 
 . .. 22 
 
 Lings.. 
 
 23 
 
 
 ... 23 
 
 
 23 
 
 
 . .. 21 
 
 .... 
 
 21 
 
 
 ... 23 
 
 
 23 
 
 • • > 
 
 ... 21 
 
ilNDEX TO APPEXDIXES. 
 
 79 
 
 MTTY OFFENCES, TRBJJPASSES AND ASSAULTS— Continued 
 
 Imprisoument in default of payment of fines . . .... .... 
 
 of oft'endeil against section 20 .... .... ... 
 
 Jail limits, &c. , not allowed to prisoners under section -20 .... 
 
 Jurisdiction of justices as ;to certain ofi'ences .... .... ... 
 
 Justice, one, jurisdiction ol as to certain specified offences 
 
 " trespasses by animals . . , . 
 
 to grant repla'in upon security . . .... 
 
 try cause as in case of ordinary debt .... ... 
 
 Justices, two, compliance with judgment of to bar further criminal proceedings 
 
 conviction by), form of, record of, &c .... 
 
 may bind parties to appear in supreme court . . 
 
 dismiss complaint and give certificate ..... 
 give or withhold costs . . .... . . . ^ 
 
 impose finfcs up to |8.00 .... .... 
 
 issue exeJation, &c .... .... 
 
 try and punish party interfering with sarveyer 
 
 comm'n assaults and batteries 
 
 reqor(J of conviction by, what to be .... .... 
 
 summons issued by, form of .... .... 
 
 •Limitation of prosecutions . . .... .... .... .... 
 
 Offences, aggravated or serious, referred to supreme court . . .... 
 
 under sections 17, 18, 19 and 20, jurisdiction of justices as to 
 jE<enalties for assaults and batteries, how recovered and disposed of . . 
 
 imprisonment to enforce .... 
 
 cutting or injuring ornamental trees ; exceptions .... 
 
 defacing or injuring comwions .... .... .... 
 
 injuring, cutting, or cairrying away trees on crown lands 
 interfering with surveyors .... .... .... 
 
 trespassing on cultivated enclosures . . .... 
 
 violating regulations as to animals .... .... 
 
 under sections 19 and 20 to be cumulative remedies .... 
 
 Prosecutions, limitation of . . .... .... .... .... 
 
 Regulations of sessions as to trespasses by animals .... .... 
 
 penalty for violating . . .... .... 
 
 Replevin, form of writ of .... . . . , .... .... .... 
 
 granted by justice upon security .... .... .... 
 
 suit tried as case of ordinary debt .... .... .... 
 
 ■Section 20, offenders against to be imprisoned, how long .... 
 
 •Sections 19 and 20 not to affect action by parties. ... .... .... 
 
 Sessions, penalty for violating regulations of . . .... .... 
 
 to make regulations as to trespasses by cattle .... .... 
 
 ' Summons, justices', "form of . . .... .... .... .... 
 
 Surveyor, penalty for interfering with .... .... .... .... 
 
 Trees on crown lands, penalty for injuring, or carrying away .... 
 
 ornamental, on roads, &c., penalty for injuring ; exceptiaft .... 
 
 Trespasses by animals, how and where prosecuted for . . .... 
 
 regulations of sessions as to .... .... 
 
 Writ of replevin, form of ... . .... .... .... .... 
 
 •!Pledge. S>ee Factors and AgenU .... ..,.. , .... 
 
 Police Court. See StipeiuliU'ry or Polite MagiMrwtes .... 
 
 Division. - n i? n . . .... 
 
 MaGISTKATES. II M II .... .... 
 
 IPoET Mblsrave. See Stipencliary Magistrates, &c .... .... 
 
 S*BlSONEE. See Criminal Justice, <fcc .... .... .... 
 
 Pbopektt, Militaky. See Military Property . .... .... ... 
 
 Naval. See Navcd Property 
 
 PUBLIC MORALS, OFFENCES AGAINST 
 
 Bawdy, gambling or disorderly house, penalty for keeping .... 
 
 trial and punishment of keeper of 
 when and by whom house may be 
 
 entered on suspicion of being 
 who deemed keeper of 
 Cursing orsweacing, penalty, for .... . . .-. .... 
 
 25 
 25 
 25 
 
80 INDEX 'TO APPENDIXES 
 
 PUBLIC MORALS, OFFENCES AGAINST— Contijitied. tage 
 
 Drunkenness, penalty for . . . ./ ... .... . . 25 
 
 Incest, to be misdemeanor, penalty for .... f . . . . .... .... 25 
 
 Justices, aldermen, &c., may enter certain houses, ^-'i .... .... .... 25 
 
 Keeper of disoiderly house, how tried and punishefl .... .... 25 
 
 who deemed to be . . ^. .... .... .... 25 
 
 Lottery or raffle, penalty for taking part in ... . r" • • • • ■ • • • • • ■ ■ 25 
 
 Penalty, for drunkeaness. .... .... . ■ f ■ •■ •••■ ■■' ^^ 
 
 getting up or taking part in lotteries,^affles, &c 25, 2& 
 
 vncest .... .... .... . -,-'. .... .... ■ . ■ . 25 
 
 keeping gambling, bawdy or disordeiiy house 25 
 
 improper house, how inflicted, &c .... 25 
 
 profane cursing or swearing ....*, .... .... .... 25 
 
 PUBLIC PEACE, OFFENCES AGAINST. . { 2& 
 
 Carrying dangerous weapons.. .... . . . .j'. .... .... .... 26 
 
 Challenging or provoking to fight . .... I... .... 27 
 
 Disorderly conduct in streets oi- highways ..... .... .... 26 
 
 Not ceasing to obstruct street on request ... .i . . . .... .... .... 27 
 
 Obstructing street or sidewalk .... .... .... .... 27 
 
 Public fighting 26 
 
 Three or more persons unlawfully assembling. .. .... .... .... 26 
 
 Unlawful assemblage damaging church, machinery, &c .... .... 26 
 
 Using improper language on street, &c. .... .... .... 27 
 
 E. 
 
 Raffles and Lotteeies. See Public Morals, <tc. .... .... 25 
 
 RELIGION, OFFENCES AGAINST 24 
 
 Arrest and punishment of offenders against section 4 .... .... 24 
 
 Penalty for desecration of the Lord's Day .... .... .... .... 24 
 
 interfering with horses or vehicles in vicinity of certain meetings . . 24 
 
 Replevin. See Petty Offencex, Trespasser, <irc. .... .... .... 21 
 
 s. 
 
 SABLE AND SAINT PAUL'S ISLANDS 9 
 
 Justices of Peace, powers of exercised by superintendents and resident keepers 9 
 
 Sable Island within Halifax county . . .... .... .... .... 9 
 
 Saint Paul's Island within Victoria county .... .... .... .... 9 
 
 Saint Paul's Island. See Sable and Saint Paul's Islands . . . . , . 9 
 
 Sessions. See Petty Offences, Trespasses, dc. . . .... .... 20 
 
 Stipendiary or Police Magistrates . . 15 
 
 STIPENDIARY OR POLICE MAGISTRATES 15 
 
 Actions limited .... .... .... .... .... .... .... 17 
 
 Appeals in Pictou granted only under section 17.... 18 
 
 same as from judgments of justices of the peace .... .... IS 
 
 Appointment, duties, powers, &c., of constables. ... .... .... .... 17 
 
 stipendiary magistrates , .. 16 
 
 Arrest, remand and bail of parties .... .... .... .... .... 17 
 
 Bail to be taken .... .... .... .... .... .... . . , . 17 
 
 Civil jurisdicticm of stipendiary magistrates. .... 18 
 
 Clerk of pea^e to advertise report of committee .... .... , . . , 16 
 
 give notice of confirmation .... .... .... .... 17 
 
 make out collector's roll for division . . .... . . . . ' 17 
 
 summon justices to meet in division, &c. . . .... .... 16 
 
 Commitment by police court . . .... 17 
 
 warrant of not void for defect , . , , , . , , , . . . ..... 11 
 
INDEX TO APPENDIXES. 81 
 
 report of, Kow approve4 • • • • • ■ . • . ■ • ■ •• • • 
 
 to assign limits and name to division .... .... 
 
 Confirmatifcn of report and creation of division after notice / . .... 
 
 Constables, all persons to assist under penalty . . .... .... ... 
 
 appointment, powers and duties of .... 
 
 salaries of , how provided . . .... .... .... 
 
 Conviction, &c., not quashed for want of form .... 
 
 Criminal jurisdiction of stipendiary magistrates .... .... 
 
 Fees for services under chapter ... .... 
 
 Form, want of not to avoid conviction or process .... .... ... 
 
 Jurisdiction of stipendiary justices, civil . . .... .... .... 
 
 criminal . . .... .... 
 
 Jury allowed in cases of larceny . . .... .... .... .... 
 
 Larcenies, two j ustices to try with stipendiary magistrate .... 
 
 Limitation of prosecutions .... .... .... .... .... 
 
 Meeting of justices to appoint stipendiary magistrates . . .... 
 
 Municipal council may appoint or remove stipendiary magistrates .... 
 
 New Glasgow, notice not required for 
 
 Notice of confirmation of report, how given .... ,..,., 
 
 report advertised by clerk of peace . . .... 
 
 not required for Truro or New Glasgow or Kentville 
 
 Penalties, for not aiding constables .... .... .... .... 
 
 what inflicted by magistrates, &c 
 
 Pictou, section 17 to apply to police court of . . .... 
 
 Police court, powers of as to penalties^ &c. .... .... .... 
 
 process of, how signed . .... .... .... .... 
 
 to take recognizances for sessions or supreme court or imprison 
 
 Police division, how created . . .... .... .... 
 
 limits and name of assigned by committee . . .... 
 
 meeting of justices in .... .... .... .... 
 
 petition for creation of submitted to committee of sessions . 
 
 salaries collected from .... .... 
 
 sessions to make regulations for .... ..... .... 
 
 stipendiary ,magistrfl,.te for, how appointed .... .... 
 
 Power of stipendiary magistrates, ,to punish, &c. . . .... .... 
 
 Process signed by magistrates .... .... .... .... .... 
 
 Recognizances taken by stipendiary magistrates. ... .... ... 
 
 Regulations for police division made by sessions .... .... .... 
 
 Remand and bail of parties .... .... .... .... .... 
 
 Report of committee, advertised by clerk of peace .... .... .... 
 
 ... bow approve4 ...... .... .... .... 
 
 Salaries of magistrates and constables, how provided and collected .... 
 
 Sessions may appoint committee to report on petition for creation of police 
 
 division .... .... .... 16 
 
 to confirm report of committee .... .... .... .... 17 
 
 make regulations for police division .... .... .... .... 18 
 
 Stipendiary magistrates, appeals from regulated .... .... 18 
 
 appointed at meeting of justices in division .... 16 
 
 duties and powers of . . .... .... 16 
 
 powers of as to fines, &c. . . .... .... 16 
 
 provisions where only one appointed . . .... 16 
 
 salaries of, how fixed and collected .... .... 17 
 
 to appoint and dismiss constables .... .... 17 
 
 have jurisdiction of two justices in civil matters. . 18 
 Kentville, notice of report not required for .... 16 
 
 New Glasgow, notice of report not required for 16 
 
 provisions as to Antigonish. ... ; . . . .... 19 
 
 Port Mulgrave 19 
 
 Victoria .... .... .... 19 
 
 Yarmouth 19,20 
 
 Sdnday, Desecration op. See Religion, Offences against ... .... .... 24 
 
 / 
 
82 INDEX TO APPENDIXES. 
 
 SUPREME COURT AND ITS OFFICERS 
 
 Clerk of Crown, to send calendar of criminal causes, depositions, and names of 
 
 witnesses to grand jury in each term .... .... .... .... 12 
 
 Indictments, when made out . .... .... .... 12 
 
 Supreme Court. See Criminal Jiistice, iSec. . . . .... .... .... , , . , 29 
 
 Swearing, Profane. See Public Morals, Offences against . . 25 
 
 T. 
 
 Trespasses. See Petty Offences, Trespasser, <fcc .... 20 
 
 Trcro. See Stipendiary or Police Magistrates .... .... .... 16 
 
 u. 
 
 Union of Canada, Nova Scotia and New Brdnswick. See British Nojih 
 
 America Act \ 37 
 
 V. 
 
 Victoria. See Stipendiary Magistrates 19 
 
 w. 
 
 Warrant. See Criminal Justice .. .... .... .... 27 
 
 Weapons, Dangerous. See Public Peace, Offences against " .... 26 
 
 Wipe and Husband. See Divorce and Matrimonial, cbc. ... .... .... 14 
 
 Witnesses. See Criminal Justice .... 31 
 
 Divorce and Matrimonial .... .... .... . . , , 14 
 
 Yarmouth. See Stipendiary Magistrates .... .... .... .... .... 19